Former teacher wins $240,000 in Kentucky School for the Deaf whistleblower lawsuit
A Franklin Circuit Court jury has returned a verdict in favor of a former Kentucky School for the Deaf teacher, awarding her damages totaling $240,000 in a 2019 whistleblower lawsuit against the Department of Education.
Deanna Glasser, in a lawsuit against former principal Toyah Robey and former Education Commissioner Wayne Lewis, alleged that her contract was not renewed after she spoke out about problems at the residential school in Danville, including possible danger to students.
Under state law, the commissioner is the superintendent at the school and the Kentucky Board of Education. Kentucky’s Whistleblower Act prohibits retaliation or discrimination against an employee who reports in good faith to appropriate authorities about suspected abuse or violations of law.
The lawsuit is among the examples of people who were voicing complaints ranging from student safety to bed bugs to bad food at the public school, which was founded in 1823.
Glasser’s contract was wrongfully not renewed because she reported violations of law, discrimination against students at the school with disabilities, abuse of authority, and actions creating a substantial danger to the health and safety of students, according to the lawsuit.
The jury’s verdict signified they agreed Glasser’s contract wasn’t renewed as an act of retaliation for speaking up about the deprivation of rights of deaf students and staff, Glasser’s attorney JoEllen S. McComb said.
“The jury awarded Mrs. Glasser, a highly qualified and experienced deaf educator, damages for lost wages and benefits and additional compensatory damages resulting from her non-renewal totaling $65,000,” McComb said. “And the jury awarded punitive damages against the Kentucky Department of Education based upon the malicious or reckless retaliatory motive of KSD Principal Toyah Robey in recommending the non-renewal in violation of Mrs. Glasser’s right to speak up and advocate for the rights of Deaf students.
“We believe it is fair to say the jury made its award of $175,000 against KDE under the punitive damages instruction in part for not holding Principal Robey responsible for her actions that led to 33 deaf students being deprived of services to which they were entitled by law for three months.”
Kentucky Department of Education officials said they will appeal.
“The case stems from the nonrenewal of a teacher at the Kentucky School of the Deaf in 2019. The Kentucky Department of Education disagrees with the determination in this case and intends to appeal,” said spokesperson Toni Konz Tatman.
Robey retired in May of this year.
In a 2019 Herald-Leader article, Robey said she had an open door policy.
“Parents have my phone number and are welcome to call at anytime,” said Robey. “I can’t address problems that I am not aware of.... I have nothing to hide. I love that school. I would put my staff up against anybody.”
“Is every school perfect every day? Absolutely not,” said Robey. “We are always working. There have been improvements since we have been there: the rigor, the expectations and focus on academics and making sure that we have got the supports our kids need and that they are growing.”
