By Gillian Graham

Staff Writer

Former Biddeford Middle School Teacher Barbara Fortier has agreed not to sue the Biddeford School Department and city of Biddeford under an agreement with Superintendent Sarah-Jane Poli.

Fortier was investigated by school and state officials after the middle school’s 2009 science and technology Maine Educational Assessment scores were thrown out by the Maine Department of Education because of irregularities in the way the test was administered. State officials said confidential test information provided to Fortier during an alignment study of test questions was given to students before the exam.

Attorney Howard Reben, who represents Fortier, said his client did nothing wrong and used common test questions to create a study game for her students.

David Connerty-Marin, spokesman for the Maine Department of Education, earlier this year said Fortier agreed to take an ethics course and no longer participate in state activities where test items are reviewed. She retained her teaching certification after the Maine Office of the Attorney General declined to pursue having it revoked in court because the department could not prove gross misconduct.

Reben sent separate notices of claim last year to the city and school committee that alleged Biddeford Mayor Joanne Twomey made “false and defamatory statements” on Sept. 30 that Fortier had been suspended and should be dismissed from her job after Fortier was granted a leave of absence. The notices, which were not filed, were the first step in pursuing a lawsuit, he said.

Fortier took a leave of absence last school year to attend graduate school at the University of New England. The unpaid leave was approved by school officials and Fortier continued to receive health insurance benefits extended to teachers under normal contract provisions, according to Reben.

Reben said the purpose of the release and non-disparagement agreement signed by Fortier and Poli “was to ensure there was no further disparagement” of his client. If any disparaging remarks are made, Fortier then will be allowed to sue, he said.

The agreement also prohibits members of the school committee from making “any statement or comment concerning Fortier’s separation from the school department except to state that she resigned.”

Fortier, who taught eighth-grade science, submitted a resignation letter April 14. Poli received Fortier’s resignation letter June 18 and notified her of its acceptance on June 21, according to a letter from Poli to Fortier. The school committee accepted the resignation June 22. A check for $13,175.50 was made out to Fortier on July 23.

Reben and Melissa Hewey, an attorney from Drummond Woodsum representing the school department, each declined to comment on the check made out to Fortier. Hewey said she could not comment because it involves a former employee.

Poli declined to comment on the documents, which were provided to the Courier through the Maine Freedom of Access Act. She said she could not provide the monetary value of benefits Fortier received because it is a personnel issue.

Poli also said she did not have available information on the amount of money the school department spent on legal fees.

Poli said the school department concluded an internal investigation of the MEA test administration. She said all teachers in the district participated in a training session with Department of Education officials on how to administer exams and what types of questions can be used for test review. 

Reben said Fortier was unfairly portrayed by the media and is one of the most “outstanding” teachers he has met. She received the 2007 Presidential Award for Excellence in Science and Mathematics Teaching and organized a schoolwide event to celebrate International Space Day in 2008.

In her April 14 resignation letter, Fortier said she put “much thought and reflection” into her decision to leave the middle school.

“While I have truly enjoyed inspiring the young scientists of Biddeford, I feel it is now time for me to move into the scientific community and practice the same skills related to authentic scientific research that I strived to instill in my students,” she wrote.

Fortier thanked the school board for the leave of absence she was granted and said the time allowed her to work toward a second master’s degree in the sciences. She said she also taught an undergraduate laboratory course in oceanography.

“This experience solidified the realization that my heart, at this time,  is in scientific research and higher-level education,” she wrote.

In the letter, Fortier thanked Poli “for all the support she has given me since my childhood.” She said Poli was supportive of Fortier’s desire to attend many professional development workshops, which in turn benefited students in the classroom.

“Without the support of Sarah-Jane throughout the years, I would not have become the exemplary teacher I am and would not have mastered the high level of scientific knowledge that has led me to my current endeavors as a scientist rather than a science educator,” Fortier wrote. “Furthermore, without her support for establishing partnerships between BMS students and scientists and other community members, I would never have been granted my current opportunities. For that, I am extremely grateful.”

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