Powell Violated Law, Lied, Defrauded Everyone

Earlier today we touched on the Education Professional Standards Board charging document for Montgomery County Schools superintendent Joshua Powell.

Legal fees, legal fees, legal fees. It’s craziness.

But let’s dig in to the real juice of the charging document.

Ready?

Factual Allegations to Support Counts One through Five

3. On or about July 1, 2009, Respondent, as Superintendent of Union County Public Schools, entered into a Continuing Contract of Employment with Holly Keeney who then assumed the duties of principal at Union County Middle School.

4. On or about October 29, 2009, Keeney submitted an Application for Kentucky Certification or Change in Salary Rank, commonly referred to as a TC-1, to the EPSB. In Section IV of said TC-1, Petitioner stated that she had completed the “KP1-Principal-Level I” program on October 10, 2009. This was verified by Murray State University, the school at which Petitioner received her RankI/Master’s, on November 5, 2009.

5. On or about November 10, 2009, the EPSB issued Keeney a Statement of Eligibility for Provisional Certificate for Instructional Leadership-Principal, All Grades, Level 1.

6. On or about November 9, 2009, Kenney submitted a Confirmation of Employment as Principal/Assistant Principal in an Accredited Kentucky School to the EPSB. Therein, Keeney stated that she was employed as the Principal of Union County Middle School and had begun her internship on July 1, 2009. The Respondent signed this confirmation, thereby verifying that Keeney had been employed as the Principal of Union County Middle School since July 1, 2009.

7. The EPSB then issued Keeney a Professional Certificate for Instructional Leadership-Principal, All Grades, Level 1, with an effective date of November 16, 2009 and an expiration date of June 30, 2014.

8. At the time Keeny assumed her duties as principal of Union County Middle School in 2009, KRS 161.020 stated:

(1) No Person shall be eligible to hold the position of superintendent, principal, teacher, supervisor, director of pupil personnel, or other public school position for which certificates may be issued, or receive salary for services rendered in such position, unless he or she holds a certificate of legal qualifications for such position, issued by the Education Professional Standards Board.

(2) No person shall enter upon the duties of a position requiring certification qualifications until his or her certificate has been filed or credentials registered with the local district employer.

(3) The validity and terms for the renewal of any certificate shall be determined by the laws and regulations in effect at the time the certificate was issued. KRS 161.020.

9. At the time Respondent entered into the Continuing Contract of Employment with Keeney for the position of principal of Union County Middle School, KRS 160.380 stated:

(2) Except as provided in KRS 160.346:

(a) All appointments, promotions, and transfers of principals, supervisors, teachers, and other public school employees shall be made by only the superintendent of schools, who shall notify the board of the action taken. All employees of the local district shall have the qualifications prescribed by law and by the administrative regulations of the Kentucky Board of Education and of the employing Board. KRS 160.380(2)(a).

10. Therefore, when Respondent appointed Holly Keeney principal of Union County Middle School in Morganfield, Kentucky, on or about July 1, 2009, it was a position for which she did not hold the proper certification.

Count One

11. Based upon the allegations in paragraphs 1 through 10, to be supplemented by evidence at the hearing of this matter, Respondent committed an act of dishonest and/or fraudulent conduct in violation of KRS 161.120(1)(c) when he placed an employee in a position for which she did not hold a valid certificate as required by KRS 161.020.

Count Two

12. Based upon the allegations in paragraphs 1 through 10, to be supplemented by evidence at the hearing of this matter, Respondent neglected his duty as a superintendent, as set forth in KRS 160.380(2)(a), in violation of KRS 161.120(1)(h) when he placed an employee in a position for which she did not hold the qualifications prescribed by law.

Count Three

13. Based upon the allegations in paragraphs 1 through 10, to be supplemented by evidence at the hearing of this matter, Respondent violated state statutes relating to schools and the teaching profession, specifically KRS 160.380(2)(a) and KRS 161.020, in violation of KRS 161.120(1)(I).

Count Four

14. Based upon the allegations in paragraphs 1 through 10, to be supplemented by evidence at the hearing of this matter, Respondent violated KRS 161.120(1)(m) when he assigned a position of responsibility without the required professional preparation and legal qualifications in violation of 16 KAR 1:020 Section 1(3)(c)5.

Count Five

15. Based upon the allegations in paragraphs 1 through 10, to be supplemented by evidence at the hearing of this matter, Respondent failed to uphold the dignity and integrity of his profession in violation of the Professional Code of Ethics for Kentucky School Certified Personnel, 16 KAR 1:020 Section 1(3)(c)1, and KRS 161.120(1)(m).

(END)

Still with us?

Powell appointed a woman as principal who neither had the legally required certificate nor the qualifications to do the job. She broke the law and he facilitated it.

Now we know why people in Montgomery County got so upset each time Powell appointed someone who wasn’t qualified.

The charging document continued (hold on to your wigs, ladies, it’s about to get good):

Factual Allegations in Support of Count Six through Nine

16. During its investigation, the EPSB learned that on August 15, 1997, Respondent pled guilty to one count of Disorderly Conduct, a minor misdemeanor, in Chillicothe, Ohio.

17. From August 200 to present, Respondent has filed numerous applications for Kentucky certification and/or change in salary rank. Each application asks the following question:

Have you ever been convicted of a felony or misdemeanor (other than a moving traffic violation), been found guilty or entered a plea or nolo contendre (no contest), even if adjudication was withheld, in Kentucky or any other state?

Despite his conviction, Respondent answered “No” on each application and signed the following affirmation:

I affirm and declare that all information given by me in this application is true, and correct, and complete to the best of my knowledge. I understand that any misrepresentation of facts, by omission or addition, may result in the denial or revocation of my teaching certificate. Further, I understand that KTS 161.120 provides that a teaching certificate may be revoked at any time upon determination that false information was presented toward obtaining a teaching certificate.

Count Six

18. Based upon the allegations in paragraphs 1, 2, 16 and 17, to be supplemented by evidence at the hearing of this matter, Respondent committed an act of dishonest and/or fraudulent conduct in violation of KRS 161.120(1)(c) when he misrepresented facts and/or presented false information toward obtaining a teaching certificate.

Count Seven

19. Based upon the allegations in paragraphs 1, 2, 16 and 17, to be supplemented by evidence at the hearing of this matter, Respondent made a false or misleading statement or concealed a material fact when he failed to disclose his misdemeanor conviction in obtaining issuance and renewal of his certificates in violation of KRS 161.120(1)(i).

Count Eight

20. Based upon the allegations in paragraphs 1, 2, 16 and 17, to be supplemented by evidence at the hearing of this matter, by failing to disclose his misdemeanor conviction, Respondent falsified or misrepresented records of facts relating to his qualifications in violation of the Professional Code of Ethics for Kentucky School Certified Personnel, 16 KAR 1:020 Section 1(3)(c)(6) and KRS 161.120(1)(m).

Count Nine

21. Based upon the allegations in paragraphs 1, 2, 16 and 17, to be supplemented by evidence at the hearing of this matter, by failing to disclose his misdemeanor conviction on all of his applications for certification and/or salary rank change, Respondent denigrated the dignity and integrity of his profession in violation of the Professional Code of Ethics for Kentucky School Certified Personnel, 16 KAR 1:020 Section 1(3)(c)1 and KRS 161.120(1)(m).

Demand for Relief

22. Accordingly, sufficient grounds exist for disciplinary action against Respondent’s teaching and administrative certificates in the Commonwealth of Kentucky pursuant to KRS 161.120.

23. Wherefore, as a result of the foregoing administrative charges, the EPSB seeks a recommendation that the EPSB issue an order that the EPSB suspend, revoke or decline to reissue or renew Respondent’s teaching/administrative certificate.

(END)

Wow!

Long story short: Powell was convicted of a crime and repeatedly lied about it — to the government — for nearly a decade. The EPSB called for revoking his certificate, as it was fraudulently obtained.

And he’s currently the superintendent of Montgomery County Schools.

Some highlights from the evidence submitted:


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Yeah. No words.

Feel free to click here (Warning: Huge PDF File) to review the entire charging document for yourself.