By Gillian Graham

Staff Writer

 The Biddeford Middle School teacher who allegedly leaked confidential test information to students has agreed to take an ethics course and will retain her teaching certification.

Science teacher Barbara Fortier was investigated by local and state officials for allegedly using confidential state test information in a game for students. She requested a leave of absence to attend graduate school and did not teach this school year, according to her attorney.

David Connerty-Marin, spokesman for the Maine Department of Education, said Fortier agreed to take an ethics course and no longer participate in state activities where test items are reviewed.

The Maine Department of Education last year threw out the middle school’s 2009 Maine Educational Assessment science and technology scores after an investigation into how the test was administered. Connerty-Marin said the department launched the investigation after school officials indicated they had concerns about the tests.

The Department of Education ruled the test scores invalid because confidential information was provided to students before the test. Fortier was among teachers from across the state who participated an alignment study of test questions in January 2009.

The Department of Education forwarded its investigation to the Attorney General’s Office to review for possible revocation or suspension of Fortier’s certification. Maine statute allows the attorney general to ask a judge to revoke or suspend a teacher’s certification.

Kate Simmons, spokesman for the Attorney General’s Office, said the office has closed its investigation after declining to take action on Fortier’s certification. She said the state would have had to prove “gross incompetence.”

Connerty-Marin said the conditions agreed upon by Fortier, her attorney and the two state agencies came after negotiations with the Attorney General’s Office. In a Feb. 6 letter to former Commissioner of Education Susan Gendron, Fortier wrote she “agreed to the conditions readily so that I may return to the classroom where I will strive to benefit the students of Maine in years to come.”

Portland Attorney Howard Reben, who represents Fortier, said her agreement with the conditions is not an admission of wrongdoing. He characterized the agreement as a “modest resolution from Barbara’s perspective.”

Reben said Fortier recognizes the “fine lines” involved with the case and said the education commissioner felt Fortier could “profit” from an ethics course. He said Fortier, who in the past has been recognized as a top teacher, created the study game for students using information from textbooks and information that was readily available from past tests.

Reben has said repeatedly that Fortier did not intentionally violate the confidentiality agreement in place when she reviewed test questions.

Fortier could not be reached for comment.

In her letter to the Department of Education, Fortier said she understood the state’s concern regarding similarities between MEA test materials and the study game she created. She apologized for any expenses or inconveniences resulting from her actions and said she is “particularly regretful” the scores were invalidated.

“While it was never my intention to breach my obligations of confidentiality in regard to the MEA, I understand the basis of your perception that the similarities indicate at least an error in judgment on my part,” she wrote. “I look forward to taking a course in ethics in order to give me more appreciation for the fine lines that must be drawn in educational integrity. I assure you that in the future I will do my best to engage and educate the students assigned to me, while exercising the highest standards of integrity.”

Reben said Fortier has not yet decided if she will return to the classroom next year or continue with her advanced studies. He also said no decision has been made about whether to move forward with a lawsuit against the city and Biddeford School Committee.

Two separate notices of claim filed late last year allege Biddeford Mayor Joanne Twomey made “false and defamatory statements” that Fortier had been suspended and should be dismissed from her job. The notices said the statements were made on or about Sept. 30, 2009. Reben said Fortier has up to two years to decide if she wants to move forward with litigation.

Biddeford Superintendent of Schools Sarah-Jane Poli and Assistant Superintendent Jeff Porter did not return repeated calls for comment.