Houston Chronicle

Fired official says TEA knew about allegation­s

- By Alejandra Matos

AUSTIN — Texas Education Agency staff members were aware of misconduct allegation­s when they hired Laurie Kash, an Oregon educator, to lead the state’s special education department, text messages provided to the Houston Chronicle show.

TEA says it fired Kash after allegation­s surfaced in an Oregon civil lawsuit that she covered up the sexual abuse of a 6-yearold special education student.

Had the agency known about the allegation, Kash “would not have been hired,” the agency has repeatedly said in statements since the allegation­s were made public in late November.

But text messages provided to the Houston Chronicle between Kash and her supervisor, Justin Porter, show the agency was aware of alleged misconduct in her former school district.

“TEA lied to the public when they said they were not aware of the allegation­s when they hired Laurie,” said Kash’s attorney, Bill Aleshire, who provided the text messaged to the Chronicle.

Asked about the text messages and if the agency stands by its statement that it did not know about the allegation­s, a TEA spokeswoma­n sent the Chronicle a previously released statement noting that the agency did not know about the allegation­s.

“These allegation­s were not disclosed during the hiring process, and if these serious allegation­s had been disclosed, she would not have been hired,” the statement said. “The agency has terminated Dr. Kash’s employment. Dr. Kash has no business being in charge of special education policy and programmin­g in Texas.”

In late July, Kash was in the midst of the hiring process with TEA. Porter, the executive director of special population­s, texted her asking if she had a minute to chat.

In an interview with the Chronicle, Kash said Porter asked her about an article he found when he Googled her name that alleged Kash had kissed an exchange student living in her home in 2007.

She denied the allegation­s and told Porter that the state cleared her of any wrongdoing. She said the allegation­s were all part of a scheme from an employee to get her husband, the superinten­dent of the Rainier school district, fired.

‘We’ll … get through it’

Kash said in that same conversati­on she told Porter about the employees who eventually filed the civil lawsuit against her in November. They claim Kash and her husband barred them from reporting an alleged sexual assault against a 6-year-old girl.

In a text message following their phone conversati­on, Porter says he “did a little digging to be able to put book ends to the story” for Penny Schwinn, the deputy commission­er for academics.

“As far as the agency is concerned, don’t give any of it another thought. If it comes up through some other channel after we make the announceme­nt of your hiring, I’ll stand by you and we’ll just get through it,” another text from Porter reads. “It’s also possible that it doesn’t ever come up, and is a complete non issue.”

The texts do not specifical­ly reference the employees or the allegation­s involved in the November lawsuit.

But in a text message that Porter sent Kash in November when the Texas Tribune published an article about the Oregon lawsuit, Porter raised no concern about the allegation.

“I found out Saturday,” Kash responds. “It’s that crazy employee I told you about this summer.”

Porter didn’t reply.

Federal complaint

Aleshire, Kash’s attorney, says the text messages prove that TEA knew of the allegation­s and that the agency is using the lawsuit as a cover.

Aleshire believes Kash was fired because she was outspoken about a no-bid, $4 million contract with SPEDx, a tech company that is analyzing the confidenti­al records of students with disabiliti­es.

Kash filed a federal complaint alleging the state improperly awarded the contract to SPEDx. A few days later, she was fired.

TEA officials repeatedly have said the department followed all the proper procuremen­t procedures. They say the project is necessary to improve education outcomes for special education students in Texas, but some parents and advocacy organizati­on have privacy concerns and question if the money spent on the project could be put to better use.

“The Oregon lawsuit was an early Christmas gift to TEA to use as a cover excuse after she complained about the SPEDx contract,” Aleshire said. “She was fired because of the contract. That’s the plain truth.”

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