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| Powell, EPSB sign agreed order |
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11/7/2013
By Jamie Vinson
Advocate managing
editor
Montgomery County Schools Superintendent Josh Powell and the Kentucky Education Professional Standards Board have signed an agreed order that resolve a case involving Powell.
In May of 2010, the Office of Education Accountability (OEA) issued a final report substantiating 12 of 20 allegations levied against Powell, who at the time was superintendent of Union County Schools. The OEA referred the matter to the EPSB for a possible hearing. The board then filed a notice of hearing and statement of charges and issues based on one of the allegations.
Powell, the agreed order states, filed an extensive rebuttal to the OEA SBDM Final Report disputing the findings. While the Kentucky Dept. of Education took no personnel actions related to any of the findings in the OEA report, the EPSB proceeded on one issue relating to the OEA investigation and findings.
“Powell acknowledges that in his quest to improve academic performance in Union County, he violated both KRS 161.120 and 16 KAR 1:020, the Professional Code of Ethics for Kentucky School Certified Personnel, by failing to ensure appropriate certification for all those in his employ,” the agreed order reads. “Powell is adamant that at all times he acted with the best interest of students in mind and without willful intent to violate the law.”
In January of this year, the Advocate broke a story regarding an Emergency Protective Order filed in Warren County Dec. 30, 2012, against Powell by his wife, Anna. The EPO claimed issues of domestic violence against Josh, but was withdrawn by Anna before any action could be taken. Anna said publicly she made up the allegations in her EPO statement and retracted it, contacting local authorities and asking the EPO not be served.
That matter also was referred to the EPSB for investigation.
“This agreed order resolves Agency Case Number 1005287, which includes the allegations in the May 2010 OEA referral and those set forth in the Notice of Hearing and Statement of Charges and Issues (related to the EPO investigation) filed Feb. 19, 2013,” the order reads.
The agreed order reminds Powell that a KRS statute states, “No person shall be eligible to hold the position of superintendent, principal, teacher, supervisor, director of pupil personnel or other public school position unless he or she hold a certificate of legal qualifications for the position.”
“As the appointing authority for a school district, it is Powell’s duty to ensure that the school district and all its employees comply with state school laws,” the agreed order adds. “The board is responsible for establishing the requirements for educator certification to ensure that every certified public school employee is properly trained and capable of performing the duties of the position. A superintendent must work not only with the best interest of students in mind, but also and always within the law.”
Powell is also subject to probationary condition.
“Powell shall submit written proof to the board that he has received professional development/training in the area of educator certification as approved by the board no later than June 1, 2014. Any expense incurred for said training shall be paid by Powell. Should Powell fail to satisfy this condition, certificate number 200102683 shall be automatically suspended until the condition is met. Powell is aware that should he violate KRS 161.120 in the future, the board shall initiate a new disciplinary action and seek additional sanctions.”
The agreed order was signed by Powell, his attorney, Michael A. Owsley, Cynthia Clay Grohmann, prosecuting attorney for the EPSB, and Cassandra Webb, chair of the EPSB. After it was signed by Powell, it was presented to the EPSB with a recommendation of approval from the board’s chief prosecuting attorney at the EPSB’s most recent meeting. It became effective Oct. 28 once approved by a majority of the EPSB and signed by the board chair.
Powell, in a statement sent to the Advocate Tuesday, said Oct. 28 “was one of the most glorious days of my professional life.”
“It signified the end of what I believe was the most unethical behavior of a state organization to date. In my previous district (Union County), the Office of Education Accountability (OEA) conducted an extensive investigation that cited various infractions against me and the district. The allegations caused widespread harm to those involved, including myself, and placed us in a false light,” Powell said. “The infractions, as I have always stated, were not supported by facts. Rather, they were prompted by political influence due to my rejection of state assistance, and even more disturbing, by disgruntled employees.”
Powell told the Advocate the OEA operates under discretionary authority and legislative immunity, which he says means the agency is not required by statute to produce any evidence of the infractions issued.
“The so-called findings of their investigations were submitted to the Kentucky Department of Education (KDE) and the Educational Professional Standards Board (EPSB). Upon receipt of the OEA findings, the new Kentucky Commissioner of Education recognized that they lacked credibility, and further acknowledged the fact that the district and I had overwhelming evidence that supported complete innocence.
“Even so, the EPSB attempted to make me settle on the infractions, most of which were, in my belief, improper for the EPSB to address. Furthermore, the EPSB has proceeded, over the last two years, to attempt to find additional wrongdoing that could be credited to me, which I find to be inappropriate and unethical,” Powell added.
Powell said the OEA, EPSB and the district’s insurance carrier spent nearly half a million dollars investigating and responding to the alleged infractions.
“I am pleased to report that my record remains unblemished, therefore, invalidating the OEA report. The final result is that not so much as an admonishment was
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