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Whistleblowing Teacher Sues School District

The Fremont (Michigan) Public Schools District is the subject of a new lawsuit. Fremont High School teacher Scott Herlein filed it after being terminated. Herlein maintains that the district violated his First Amendment rights and his rights under the state’s Whistleblower Protection Act.

Whistleblower%206928551-001.jpgThe story began on March 4 when Herlein was supervising a classroom of junior year students. The students were taking the ACT, which is required as a portion of the Michigan Merit Exam. For the math section of the ACT students are permitted to use calculators. While some students use their own calculators, others use calculators that are provided by the school.

During the course of the test, Herlein noticed that the students who were using the school issued calculators had access to ACT help files. The files had been preloaded onto the calculators by the school to help students prepare for the exam. Believing the files to be nothing other than cheat sheets, Herlein reported the use of the files to the district on March 6.

The Michigan Department of Education investigated the claims. By May 14, the investigation was over, and the department found that the school may have violated the spirit of the law, but engaged in no real wrongdoing. A loophole in ACT regulations states that files may not be erased from calculators used during the exam. Although this violates state policy, it is difficult for the department to find otherwise since the ACT would not have permitted deleting those files. About two weeks after the conclusion of the investigation, Herlein was terminated.

Since then, a new district superintendent has taken over. Herlein’s lawsuit names the former superintendent and each board member individually. The details of Herlein’s termination were not made immediately clear by the complaint. In fact, the current superintendent notes that Herlein remains employed and on the payroll of the district pending an upcoming tenure hearing.

Further filings in the lawsuit should prove revelatory regarding the conditions of Herlein’s termination. He has already disclosed that he was “interrogated” by investigators on May 5, and was forced to admit that he was the whistleblower.