Austin American-Statesman

Charter school settles retaliatio­n suit

Female teacher who cited retaliatio­n will get $125,000.

- By Kate Alexander kalexander@statesman.com

Harmony Public Schools has agreed to settle a federal civil rights complaint brought by the U.S. Department of Justice on behalf of a former Austin teacher.

Harmony Public Schools, the state’s largest charter school system, has agreed to settle a civil rights complaint brought by the U.S. Department of Justice on behalf of a former Austin teacher.

The complaint, filed this week in federal court in Austin, states that a female art teacher at the Harmony Science Academy-Austin in 2010 had asked to be paid commen- surate to her male colleagues and then lost her contract after complainin­g the school discrimina­ted against women and Americans.

Founded by Turkish immigrants, Harmony employs Turkish teachers under the H1-B visa program, which allows a school to hire foreign teachers if it can demonstrat­e there are not enough qualified American applicants.

The visa program required Harmony to disclose the pay informatio­n so the art teacher, Nicole Tuchschere­r, knew her male colleagues from Turkey were being paid somewhat more than her own $40,000 salary. A database of H-1B visa salaries shows another art teacher making $42,000 at the time.

“Harmony’s decision to not renew Tuchschere­r’s employment contract was because she complained of national origin and sex discrimina­tion,” according to the complaint.

And the school violated the Civil Rights Act when it retaliated against Tuchschere­r because she opposed the wage discrimina­tion, the complaint continues.

The settlement agreement calls for Harmony to pay Tuchschere­r $125,000 for damages and back pay and for Harmony’s Austin schools to provide informatio­n and training about its anti-discrimina­tion policy to employees.

“Harmony Public Schools denies any wrongdoing and nothing in the consent decree should be construed as an admission of wrongdoing by Harmony,” Scott McLellan, a lawyer for Harmony, said in a statement.

No court found any wrongdoing on the part of Harmony, McLellan added, but the school agreed to resolve the case because “the expenses of ongoing litigation for Harmony would have been signif-

icant and impacted educationa­l budgets.”

Tuchschere­r no longer lives in Austin and could not be reached for comment on Thursday.

Since 2000, the Houston-based Harmony has quietly grown into an ex- pansive network of public charter schools focusing largely on science, engineerin­g and math. It now operates 40 campuses statewide, including five in the Austin area, and serves about 14 percent of Texas’ 178,000 charter school students.

Harmony has earned a national reputation for

I told her I thought it odd that somebody would call from Rocky Mount, N.C., to tell me about a candidate’s sexual orientatio­n. Despite what caller ID said, she said the call didn’t come from Rocky Mount. And she wasn’t allowed to tell me where it did come from, making it an undisclose­d location. I should have asked her to put Dick Cheney, who’s openly had a change of heart, on the phone.

At that point, it occurred to me the call might have been financed by somebody who thought it was a bad thing that Brown is openly gay and that perhaps that data point might dissuade me its rigorous math and science curriculum and last year won a coveted $30 million federal grant aimed at customizin­g instructio­n for each student.

Despite the schools’ academic success, Harmony has attracted conservati­ve critics who have raised concerns about its Turkish con- from voting for him. No, she said, the call was paid for by the Brown campaign.

Brown, who Tuesday lost his bid for the Democratic nomination for the Precinct 2 seat on the Travis County Commission­ers Court, told me Thursday that if I would not have interrupte­d, the caller would have told me things about him other than his sexual orientatio­n. But why, I asked, was that the first thing?

“I just think that any time that history can be made, that that should be pointed out,” Brown said. “What’s the difference between me saying that and Sarah Eckhardt saying she’d be the first woman county judge?”

Good point, well-made, though I tend not to vote based on gender or sexual orientatio­n.

And Brown added that being openly gay is “not the most important thing” nections. They say the charter school network is tied to a controvers­ial Muslim cleric from Turkey and has questionab­le business practices. Harmony’s superinten­dent, Soner Tarim, dismisses such claims. about him. “I have much more qualificat­ion than just being the gay guy in the race,” he said.

But it was the first thing the caller told me and that puzzled me. Maybe I should’ve shut up and listened, but I wanted to note that I don’t vote based on sexual orientatio­n.

As usual in such situations, I kept the call going on as long as I could. This was more fun when my children were young and enjoyed gathering around to watch Dad’s nut-guy-onthe-phone act. I cherish those moments as among our best bonding experience­s. I hope someday if becomes something they can enjoy with their kids.

Alas, I used to be better at this. The supervisor hung up fairly quickly. Too bad, because I never got to tell her I already had openly voted. are $45, and a Lou Reed tribute show featuring Alejandro Escovedo, Suzanne Vega and many more costs $30. The tickets — available through the Paramount’s website at austinthea­tre.org — do not guarantee admission. Money will be refunded if the shows reach capacity with badgeholde­rs, wristband wearers or other ticket holders.

Wiz Khalifa also was added to the SXSW lineup. He will headline a showcase at the Austin Music Hall on Thursday that features Steve Aoki and Ty Dolla $ign.

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