By Gillian Graham
Staff Writer

The Biddeford teacher investigated for leaking confidential test information to students did nothing wrong, according to her attorney.
Portland attorney Howard Reben said Barbara Fortier made a game for students to help them prepare for the science portion of the 2009 Maine Educational Assessment and did not provide confidential information, as alleged by the Maine Department of Education. She is not teaching this year while she attends graduate school, he said.
“The question here is the similarity between the MEA test questions and her so-called game. The complicating factor is that the questions exist in numerous locations. They exist in prior [MEA] test questions, they exist in books, they exist on tests that have been made up by teachers as they go though the curriculum,” Reben said.
 “It would be simple if the test questions were exactly the same as Fortier’s game questions. But nobody thinks they are the same.”
The Maine Department of Education threw out the middle school’s science and technology test scores after an investigation of how the test was administered. Department Spokesman David Connerty-Marin said the department launched an investigation after Biddeford school officials contacted the department and “indicated they had concerns” about the test.
Connerty-Marin would not say when school officials contacted the department because of the possibility of local action on the issue.
Connerty-Marin said the test scores were ruled invalid because confidential information was provided to students before the test. Fortier took part in a review of test questions on Jan. 12 and 13 along with other teachers from across the state. Teachers reviewed questions on laptops connected to the Internet during the meeting in Augusta, he said, a practice that he said has been discontinued.
Reben said Fortier was chosen to review questions because she is an “outstanding teacher.” He said teachers were asked to ensure the questions related sufficiently to the goal of the test.
“This teacher is the winner of a presidential award, and is someone who is really a wonderful, wonderful teacher. She helped out the MEA because she is recognized as an excellent teacher,” Reben said.
Reben said there is “no exact correlation” between the MEA test questions and the questions used in the game.
“It’s a thorny question. The results you’re making the questions adhere to, there’s only so many ways you can ask. There’s got to be similarities, it’s just the nature of the beast,” Reben said. “This is a teacher with an unblemished career. She does everything right. If there are similarities between the game and the test, our position is that it’s the nature of how many ways you can ask the question.”
Reben said one of Fortier’s game questions begins with “roses have thorns and porcupines have quills,” as does an MEA question. He said he found a question with the same wording in a previous test and that it does not indicate she used confidential information.
Reben said he has submitted information to the state on Fortier’s behalf to help them understand that the questions used in the game were available from a variety of sources. He said the Department of Education is conducting an investigation into whether there was a breach of confidentiality in the preparation of the game.
Teachers who review MEA test questions sign a confidentiality agreement, according to Connerty-Marin.
“If the commissioner of education comes to believe there has been a breach of confidentiality, they have a lot of remedies and that could include consideration of her certification,” Reben said.
Connerty-Marin said he cannot confirm if there is an investigation of Fortier because the only action that could possibly be taken by the department involves certification. By law, the department cannot confirm if a teacher’s certification is under review, he said. Fortier is certified to teach in Maine as of Tuesday.

Fortier is not teaching at the middle school this year but, at this point, plans to return next year, Reben said. She requested and received a voluntary leave of absence to attend graduate school, he said. Reben said he is unsure to what extent the investigation into test results influenced Fortier’s decision to take a leave, but said “one doesn’t decide on the spur of the moment” to attend graduate school.
 “The funny thing about this situation is everybody agrees she decided to go back to graduate school. She requested a leave,” Reben said. “This was anything but some kind of a disciplinary action.”
The University of New England Registrar Office confirmed Fortier is enrolled in the Master of Science program.
Reben said Fortier requested the leave during the summer, is being treated as an employee of the school district and the school district continues to pay its portion of her health insurance.
Superintendent Sarah-Jane Poli said teachers request leaves of absence through her office. She then makes a recommendation to the school committee, which may approve or decline the absence. According to the business department, Poli said, employees on leave may maintain their health coverage by paying the full cost of the insurance premium through COBRA insurance.
Poli declined to comment specifically on Fortier’s employment or insurance status and said both are personnel matters. She said she feels the incident has been handled properly by the school district, which continues to investigate the situation.
“I feel that it’s been handled correctly under the direction of the school attorney. I’ve done everything by the book,” she said.

Staff Writer Gillian Graham can be reached at 282-4337, ext. 213.