Special Education Admin Blasts TCSS Superintendent For Transfer

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It’s worth noting that despite the allegations supposedly levied against Powell, she has not been charged with any criminal wrongdoing or named as a suspect in a criminal investigation. Powell also mentioned during the meeting that she had advised the Board of Education’s attorney for years regarding special education law.

Ultimately, Powell opted to have her transfer hearing in a public forum, where she was allowed to lobby for the Board of Education to deny the transfer request from the superintendent.

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However, after no evidence was provided following the initial accusations, Sears insisted that Powell was then told she would be transferred from her administrative role in the TCSS Central Office to a special education classroom teaching position at Collins-Riverside Intermediate School.

Powell, who has worked solely in administrative roles within TCSS for nearly two decades, argued that she was the victim of discrimination due to TCSS administrators going against a longstanding practice where employee transfers occur “laterally” — such as a teacher being transferred from one school classroom to the same role at another school.

Instead, Powell insists she is being demoted without cause and pressured to resign so the superintendent can install her preferred candidate to the position.

And Monday evening, Powell and her legal counsel were informed for the very first time that her position in the TCSS Central Office as coordinator of Non-Traditional Learning had been eliminated, which was the latest expressed rationale for the transfer.

“Not only did Dr. Johnson accuse me of breaking the law, but told me I had done harm to students beyond measure,” Powell told the school board. “Such a statement is wholly inaccurate, unnecessary and just plain hurtful. Frankly, it is an absurd accusation.”

Sears concurred, telling the Board of Education and Johnson that something didn’t feel right about the decision to eliminate his client’s position and opined on the possibility of a personality conflict between Johnson and Powell being the true reasoning behind the decision.

“Something is suspicious about this,” Sears said.

Powell went on to accuse Johnson of trying to “scare” her into resigning by claiming she broke the law during a reportedly contentious meeting in April, with Powell insisting that she was slandered by the superintendent and treated in an unprofessional manner.

“Rather than discuss the [Non-Traditional Learning] Program, Dr. Johnson used the meeting to personally attack me and my professional integrity, by repeatedly claiming that ‘I broke the law,'” Powell told the school board. “When I asked her how I supposedly broke the law, Dr. Johnson could not provide me with a specific answer. Rather, all she did was quote an old PowerPoint presentation given by a former Director of Special Education at the Alabama State Department of Education during former State Superintendent [Tommy] Bice’s tenure.”

Powell then alleged that, based on the PowerPoint, Johnson claimed that over the years, approximately 18 students in the “General Education Pathways” had accumulated 24 hours of credits but were not counted in the graduation rate.

Graduation rates are crucial when it comes to the optics and job security for school system administrators, with Powell claiming that Johnson was focused on the impact to graduation rates because they are one of the few areas where a superintendent can take public credit for academic success.

Indeed, Powell cited Johnson saying that such students, upon earning 24 credits, should have received their General Education Pathways terminal degree, and the local education agency’s responsibility for providing a free appropriate public education should have ceased.

Still, Powell argued that for the last eight years, TCSS has allowed students who have earned 24 credits in the General Education Pathway to participate in Project Search — a transitional program offered by the school system in collaboration with the Alabama Department of Rehabilitation Services, the ARC of Tuscaloosa, Easter Seals and the Tuscaloosa VA Medical Center.

As explained to the school board, each of the students in Project Search has special needs and an Individualized Education Plan (IEP). What’s more, Powell said 70% of the students who participate in Project Search have gained and sustained competitive employment as determined by the Alabama Department of Rehabilitation Services.

During the hearing, Powell said that each student’s IEP team was involved in the decision as to whether or not a student would benefit from participating in Project Search.

In fact, she claimed that parents or guardians of each student were advised by September of the student’s senior year that they were on track to earn their 24 credits and to graduate with their terminal degree. However, once in the Project Search Program, the guardians or parents could defer the actual awarding of their student’s diploma until the completion of Project Search.

And it was in this practice where accusations against Powell supposedly originated, despite her claims that administrators at all levels were aware of the aforementioned nuances.

However, Powell took this opportunity to point out that in nearly two decades of work with TCSS, she had never been given a negative evaluation or been subjected to any form of discipline resulting from her role as coordinator of Non-Traditional Learning.

Powell has 38 years vested with the state of Alabama, with 20 years as a teacher in Bibb County and 18 as an administrator with TCSS. Prior to her most recent position, she served for 17 years as the system’s special education coordinator.

“Yet, I am now being told that I am being transferred from coordinator of the Non-Traditional Learning Program, because I broke the law by recommending additional services for our special needs students while I was secondary special education coordinator,” Powell said. “And please know that the Tuscaloosa County School System is not the only Alabama school district that allows students in the ‘General Education Pathway’ with special needs to participate in Project Search.”

Powell then said other school districts such as Shelby County, along with the cities of Anniston, Huntsville and Mobile, handle the program in similar ways.

“Dr. Johnson did not stop with just claiming that I had broken the law and harmed students beyond measure,” she said. “She also told me that I had committed a ‘sin of omission.’ As a devout Christian, I submit to you that Dr. Johnson’s comments are extremely unprofessional … Even if I had done something wrong, no supervisor, let alone a Superintendent, should ever comment upon an employee’s sinful nature.”

Lastly, Powell focused on Johnson’s recommendation to transfer her out of the Non-Traditional Learning Program, insisting that she was not the only administrator in the TCSS Special Education Department who made this mistake. She said this also included TCSS Director of Special Education Gwen Hardnett.

“Dr. Hardnett received the same correspondence and the same reports that I did,” Powell said. “Despite this, Dr. Johnson has taken no action against Dr. Hardnett. Secondly, my alleged wrongdoing occurred prior to my being appointed coordinator of Non-Traditional Learning. Indeed, since June of last year, I have not served in any capacity that has anything to do with the process or students for Project Search. In fact, the sole purposes of Dr. Johnson’s hijacked meeting of April 24, 2023 and the follow-up meeting of May 4, 2023, was for Dr. Johnson to try and scare me into resigning by claiming that I had broken the law, hurt our students, and caused a big mess.”

As the hearing wrapped up, though, TCSS Board of Education President Randy Smalley questioned Powell regarding her accusations against Johnson, namely when the longtime educator said Johnson’s transfer recommendation was being made for personal, political, and discriminatory reasons.

Powell circled back to previous examples she had voiced during the hearing and doubled down on her accusations that she was slandered, defamed and treated in an unprofessional manner.

“While she may be permitted under law to recommend my transfer, her recommendation is being made for personal, political, and discriminatory reasons,” Powell said “This Board should not allow Dr. Johnson to act in this manner. There is no reason, whatsoever, to transfer me away from the Non-Traditional Learning Program which has been successful this year.”

Following the meeting, Johnson told Patch that, as was expressed on Monday, she recommended Powell’s transfer because the position she was in was being eliminated.

“This recommendation was not motivated by personal, political, or discriminatory reasons,” Johnson said. “The criteria outlined in the Alabama Code for the transfer of a tenured teacher was met. Because this is a personnel matter, I am unable to comment further on any statements that may have been made by Dr. Powell or her representative at the hearing.”

Johnson then cited AL Code § 16-24C-7 (2022) — dubbed the Students First Act — as being the procedure in place that governs transfers.

State law does not require a superintendent to give reasons for the proposed transfer, although the practice is strongly advise. This is done, according the way the law is written, so that a teacher can make a determination as to whether they want to challenge the transfer and also gives the board a basis upon which to make its decision.

After entering into an executive session following the hearing on Monday, the school board declined to deny Powell’s transfer to Collins-Riverside Intermediate. Per state law, she will not see any reduction in pay as a result of the transfer.

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