Dr. Stoop was highly regarded and commanded respect. The city was proud of its school system, and she got most of the credit for its success.
Mrs. Boone walked her through a series of questions about the standardized tests: the reasons behind them; how long they had been in place; changes that had been made; challenges they posed; problems they had created. Dr. Stoop admitted that she was not convinced the tests were the best method to measure the academic progress of the students. She admitted, frankly, that she preferred other methods, but the state had passed a law requiring the tests. The tests were tied to state funding, and if Strattenburg declined to participate, which it had the option to do, then it would lose a lot of money. Limiting the discussion to the eighth grade, she described the results for the three middle schools over the past five years. East Middle had always lagged behind the other two, and this had been a major concern of the school board. Yes, the teachers at East were put under pressure to improve the scores or the school would face penalties.
Dr. Stoop was a veteran who was smart and calm. She knew what she was talking about and was quite candid. Theo and April watched and listened with rapt attention. Theo was especially proud of his mother. She moved around the courtroom in complete control and with total confidence. He had never seen her in a courtroom before, primarily because in most of her cases the courtrooms were closed to the public.
She asked about the most recent round of tests, and Dr. Stoop explained that the results were good overall, top ten percent in the state, with the exception of East Middle. However, even there, the scores showed an impressive improvement.
“Did the rise in scores at East raise any suspicions in your office?” Mrs. Boone asked.
“Not at first. We were thrilled with the results when we first saw them, but after looking closer we began to have a few doubts. We decided to look into some of the individual test results.”
“What did you find?”
“A higher number of erasures. A lot of the eighth graders seemed to have chosen the wrong answers initially, then, after erasing them, somehow managed to pick the right answer every time.”
“Can you give us an example?”
“Yes. At your request, I brought a couple of the test results. I believe you have them.”
Mrs. Boone walked to her table and reached for a file. She handed copies to Jack Hogan, Judge Gantry, and to the witness. Dr. Stoop explained that the first document was the score sheet for an unnamed East eighth grader, and it showed the answers for twenty math questions. The student at first missed half of the problems, then he or she erased seven of the original answers and recorded the correct ones. “Seven for seven was a red flag,” Dr. Stoop said. As the red flags piled up, she and her staff began to realize they might have a problem.
“How many eighth graders were tested at East Middle School?” Mrs. Boone asked.
“One hundred and eighteen. We began checking all of them, and the problem was unfolding when I received the anonymous letter. It came from a ‘concerned citizen’ and it really upset everyone. It was specific and mentioned the names of two eighth-grade teachers who allegedly changed scores.”
April reached for Theo’s hand and squeezed it until he could almost feel bones crunching.
Mrs. Boone handed copies of the letter to Jack Hogan and Judge Gantry, then asked Dr. Stoop to read it aloud. When she did, April flinched and seemed to hold her breath.
When she finished, Mrs. Boone asked, “What was your reaction to the letter?”
“Well, we were stunned, to say the least. I met with our school board attorney, Mr. Robert McNile, and we decided to immediately conduct a thorough investigation, one that led us to the five teachers.”
“Nothing more at this time, Your Honor.”
Judge Gantry looked at the prosecutor and said, “Mr. Hogan?”
Jack Hogan stood, walked to the podium, and politely said, “Thank you, Dr. Stoop. Now, I would like you to explain the bonus system that applies to some of your teachers.”
“Certainly. It’s not a good system and not one that I favor, though we really have no choice. It was implemented by the state, and we have no say in the matter. Basically, it provides for merit-based pay increases of up to five thousand dollars for teachers whose students improve dramatically on the the standardized tests.”
“What’s considered a dramatic improvement?”
“There is a formula that is hopelessly complicated, but, generally speaking, if the entire eighth grade shows an overall improvement rate of fifteen percent from the previous year, and fifteen percent of the class lands in the top ten percent for the city, then the teachers qualify for a bonus. Other factors include the teacher’s experience and number of college degrees. Again, I don’t like the bonus scheme. All of our teachers are underpaid, and it seems silly to reward one small group.”
“Would you agree that these five teachers had a financial reason to change test scores?”
“Frankly, Mr. Hogan, I cannot speculate as to their reasons.”
“Thank you, Dr. Stoop. Nothing further at this time, Your Honor.”
“You are excused, Dr. Stoop,” Judge Gantry said. “Call your next witness.”
Mrs. Boone stood and said, “Mr. Paul London.”
Theo knew his parents were taking a chance. They planned to put all five defendants on the witness stand and have them discuss their roles in the scandal. In doing so, the teachers would admit to doing things that were wrong. They would say that they deserved to be punished, but the punishment should not come from the criminal justice system; rather, it should come from the school board. They would be fired as teachers. Their professional careers would be over; their reputations damaged; their lives seriously damaged if not ruined. They would probably never teach again. But, they did not deserve to be tried, convicted, and labeled as felons. By being completely honest about what they had done, perhaps in the end they might win favor with the judge.
Paul London was an impressive witness. He had taught for twenty years and won every award the city offered. He loved the classroom and his students loved him. He had a master’s degree and for the past ten years had been working on his doctorate. He took full responsibility for changing the test scores. He had recruited the other four teachers to join him; it was all his fault.
Why? Well, it had begun a few years back when he grew tired of seeing his students fall short on the standardized tests. He changed a few scores to help his students, then a few more. Many of the kids at East, his kids, were from lower income families, and they didn’t have the same opportunities as other students at other schools. It was frustrating to watch them fall short on the standardized tests that were unfair to begin with—and be labeled slow learners.
When Mr. London described his students, he did so with great compassion, and eloquence. His testimony became a dramatic performance, one that captivated the courtroom. He looked at Judge Gantry and said, “How can you compare a student with only one parent who lives in a tiny apartment with a student with two parents and grandparents and private tutors when necessary? How can you compare a student whose parents speak little or no English to a student whose parents have college degrees? How can you compare a student whose father is in prison to a student whose father is a doctor? How can you compare a student who had nothing for breakfast with a student who ate too much for breakfast? How can you compare a student who started preschool as a three-year-old to a student who arrived here too late for kindergarten?”
The courtroom was still and silent. Judge Gantry nodded and said nothing. No response was expected.
Mr. London sneered at the idea that the teachers were cheating for extra money. He said, “My salary now is almost fifty thousand a year, after twenty years in the classroom, and I’m expected to spend a chunk of that buying supplies for my students. I even buy food for them. A few extra bucks in bonus money is not going to help me or the other teachers. That’s a ridiculous accusation. We never thought about the money. We were just
trying to help our kids. That’s all.”
When Mrs. Boone sat down, Jack Hogan rose and asked, “So you admit to changing test scores?”
“I do.”
“And you admit to doing this with the other four teachers?”
“I do.”
“And you admit to knowing there was the possibility of financial gain for you and the others?”
“I do, yes, sir.”
“I have nothing else at this time, Your Honor.”
A conspiracy was a group effort to do something wrong, and Theo realized that Paul London had just admitted, under oath, to being part of a conspiracy. The question would be: Was the “wrong” they conspired to do really a crime? If Judge Gantry believed their efforts were driven by a desire to collect bonuses, then they would be treated like criminal defendants.
After Paul London’s performance, Theo doubted anyone could really believe the teachers’ motives were driven by money.
The next witness was Emily Novak, a twelve-year veteran at East Middle School and one of the two April had named in her letter. Not long after she stated her name and address, she broke down and started crying. She pulled herself together, but for the next fifteen minutes was on the verge of more tears. One of her favorite students was a young girl from a bad home, a place where she was always in danger. She had been mistreated by various relatives and abandoned by her mother. She felt safe at school and considered the teachers to be her protectors. For the girl, school was more about physical safety and a stable environment—in other words, survival. Learning was not as important. She fell behind in every class, and Ms. Novak spent hours with her trying to catch up. When the tests were given, the girl had just been placed in a different foster home. Not surprisingly, her scores were terrible. Ms. Novak altered some of her answers, but the girl was still placed in Remedial. She quit school halfway through the ninth grade and disappeared. Ms. Novak considered herself a failure for not doing more to save the girl, but at least she tried. There was no excuse for changing her scores, but it was important to look at the scandal from the view of the teachers.
When she started crying again, Theo looked at April. She had tears in her eyes, and she was shaking her head. She whispered, “I feel perfectly rotten, Theo.”
Two hours passed quickly as they listened to the five teachers admit their wrongdoing and give their reasons. At 4:30, Judge Gantry called for a fifteen-minute recess. Theo and April stayed in their seats. “What do you think, Theo?” she asked quietly.
“I don’t know but I’m worried. All five have admitted their guilt, so there’s no way they will ever go to trial. If Judge Gantry allows the criminal charges to stand, then the best they can hope for is some kind of plea bargain.”
“What does that mean?”
“It means they’ll plead guilty in return for a light sentence.”
“But they’ll still go to jail?”