Did the Punishment Fit the Crime: Test Fraud in Atlanta

Cheating is never right, so many will applaud the punishment handed out to ten Atlanta administrators and teachers charged with racketeering for cheating on state-administered standardized tests. Three of the ten convicted educators will serve a minimum of seven years each in prison while five will serve a minimum of one to two years each in prison. All ten will face stiff fines and 1,000 to 2,000 hours of community service. Did the punishment fit the crime? Maybe, but it is interesting to note that according to the U.S. Sentencing Commission, the three educators sentenced to seven years in prison may have received a lighter sentence in 87% of the crimes tracked by the Commission. Only murder, kidnapping/hostage taking, sexual abuse, and pornography/prostitution carried longer median sentences than the three Atlanta educators received for cheating on standardized tests. Although testing fraud is serious and should be punished, do these educators really deserve harsher punishment than 87% of hardened criminals?

Fulton County Superior Court Judge, Jerry Baxter, said, “Everyone starts crying about these educators. There were thousands of children harmed in this thing. This is not a victimless crime.” There is little to argue with in the judge’s statement, but as despicable as the actions of these administrators and teachers were, it is hard not to see them as victims also. Administrators and teachers across the United States are under inordinate pressure to meet district and state student achievement targets and failing to do that they often face severe evaluation and/or termination consequences. The Atlanta educators were no different. However, they could have taken the high road and let the chips fall where they may as the vast majority of educators do, but they chose to sell their professionalism and integrity for a shortcut to success – their success, not the children’s. As a result, the children became victims of their fraud, and they became victims of their own stupidity as well as victims of a “CAN’T WIN” testing system for school administrators and teachers.

That these educators should be held accountable for their actions is not in question, but their sentencing does not solve the problem. Their sentencing only substantiates there is a problem. Judge Baxter is right; when the stroke of the cheater’s pen passes kids regardless of their ability to read, write, or do basic math, the kids become victims. However, aren’t they also victims when their parents don’t take responsibility for their education; aren’t they also victims when state lawmakers do not adequately fund education; aren’t they also victims when teachers pass kids to the next grade who lack the skills needed to succeed; aren’t they also victims when principals tell teachers no one fails even when kids do not have the skills needed for the next grade or school; and aren’t they also victims when superintendents make it clear to principals and teachers that their jobs depend on how well kids do on state tests?

If educators are to be held accountable for a child’s education, which they should be, it stands to reason that not only teachers but everyone who has a hand in the child’s education, including parents and state lawmakers should be held just as accountable. Why should school administrators and teachers shoulder all the pressure and blame? After all, if judges are going to uphold children as victims in cases of test fraud and hand out prison sentences normally reserved for hardened criminals, shouldn’t the same consequences be applied to parents of children with excessive absences from school or parents of children with habitual behavior problems in the classroom that impedes the teacher’s ability to teach? Also, shouldn’t the same consequences be applied to state lawmakers who fail to fully fund resources needed by teachers and children in the classroom? Aren’t children being educationally harmed, cheated, and victimized just as much by the actions or lack of actions by these individuals?

There are no doubts the administrators and teachers in Atlanta deserved to be punished for their fraud, but a more fitting punishment may have been to strip them for life of their license to teach and ban them for life from involvement in education in any capacity whether it be in the public or private sectors. Fines large enough to make it hurt and community service were appropriately part of their sentencing, and the shame and stigma they will carry with them for the rest of their lives may very well be the harshest punishment they will receive. However, Judge Baxter felt more was needed than expulsion from the teaching profession, large fines, and community service. He felt such an egregious conspiracy to fraud by professional men and women who disgraced their profession, themselves, and their families deserved more, and he may have been right. Through his actions, he has sent a message across the nation that such disingenuous neglect of duty will not be tolerated. Maybe, someday neglect of duty will likewise not be tolerated by the courts in the ranks of parents and state lawmakers as well.  After all, when it comes to educating children, educators are not alone, or are they?

JL

©Jack Linton, April 19, 2015

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