WILL:
The News: WILL has filed a complaint with the U.S. Equal Employment Opportunity Commission (“EEOC”) on behalf of Kally Bishop, a highly skilled special education teacher at Thoreau Elementary, a part of the Madison Metropolitan School District (MMSD). Kally was “surplussed” or involuntarily transferred over less qualified teachers based on the District’s race-laden scoring system. WILL’s complaint with the EEOC is the first step to taking legal action against the school district.
The Quotes: WILL Deputy Counsel, Luke Berg, stated, “MMSD’s hyper focus on race is both wrong and illegal. The unfortunate and entirely predictable result is the District losing one of its best teachers at the expense of its most vulnerable students. We hope that this case exposes how the District’s rubric is being applied.”
WILL Client, Kally Bishop, stated, “I loved my job at Thoreau Elementary and was heartbroken to be forced out after so many years there. No teacher or student should ever be discriminated against based on their race.”
Our Client: Kally was a Cross-Categorical Teacher at Thoreau Elementary, a position that focuses on students with disabilities. Kally specifically worked with non-verbal students who struggle with basic communication skills. During her career, Kally has worked hard to develop techniques to help these students succeed and reach their highest potential. She loved her job at Thoreau and gained the trust and respect of both parents and her peers.
MMSD’s Scoring System Raises Serious Questions: In 2021, MMSD adopted a new scoring system for determining how educators are surplussed. Seniority was replaced by a weighted “rubric” of four scores, but the highest, by far, is so-called “culturally responsive practices.” This criterion is heavily race-based, openly encouraging teachers to prioritize “students of color” over other students to receive the highest score. When this new system was adopted, the superintendent and the school board told the public that it was intended and designed to protect “teachers of color.” And the circumstances surrounding Kally’s transfer are highly suspicious and suggest that this scoring system was applied, in practice, as a proxy for race discrimination.