Newport superintendent claims critical audit of his district defamed him, cost him speaking gigs

Max Londberg
Cincinnati Enquirer

The leader of a Northern Kentucky school district that has struggled academically in recent years has filed suit against auditors who gave his district low marks, claiming they defamed him.

Newport Independent Schools Superintendent Kelly Middleton claims the audit included false statements from "disgruntled" employees involved in test cheating, was shielded from any appeal and hurt his reputation, including his ability to land educational speaking gigs.

Kelly Middleton, superintendent of Newport Independent Schools

The suit, filed Tuesday in federal court in Covington, names as defendants the Kentucky Department of Education, some of its officials and members of AdvancED, a company under contract with the department to perform audits.

The January audit "announced to the public that (Middleton) does not have the capacity to lead a school district," the suit claims.

Last year, Newport's elementary, intermediate and high schools were identified as among the bottom 5% lowest-performing schools in the state, which prompted the audit.

Auditors with AdvancED conducted classroom observations and interviewed or surveyed teachers, administrators and parents. The district received the lowest mark possible in every leadership category but one, in which it received the second-lowest mark.

Auditors reported complaints by staff that professional development activities were implemented without teacher input. Interviews also revealed district administrators failed to spend meaningful time in schools and failed to provide useful feedback to teachers, the report stated. Several district administrators corroborated this.

Administrators had low expectations for students, the report found, and district leaders "confirmed the absence of a standard curriculum or comprehensive assessment system."

District administrators, the auditors reported hearing from multiple staff members, "ruled by intimidation and fear."

But Middleton argued some of the critical comments were made by disgruntled employees involved in test cheating that had occurred during the previous school year.

Norma Lawless, a department official who provided instructional support to the district, directed auditors to speak with certain staff members without the authority to do so, Middleton's suit claims. 

Middleton also claims that AdvancED auditors reviewed less than 10% of pages he provided in support of his ability to lead a district.

Wayne Lewis Jr., the commissioner of the department, is also named as a defendant. Lewis, Middleton's suit says, failed to provide "adequate guidance" to school officials ahead of the audit and failed to provide information to help Kentucky schools prepare students for testing.

The audit results rendered Middleton "essentially unemployable as a Superintendent in the future," he claims.

"This report has caused damage to (Middleton's) reputation as an educational leader and is likely to also hinder his future in educational speaking and educational publications," the suit states.

Middleton initially rejected the audit results. The report was initially deemed preliminary, making it unavailable to the public, according to Newport Board of Education minutes from an April meeting.

But a Department of Education official later determined that the audit was valid and state law didn't allow "due process for districts regarding diagnostic audits," according to the minutes.

Middleton earlier told The Enquirer that the district has "unbelievable proof" supporting his claims.

In addition to defamation, Middleton's suit claims AdvancED breached its contract with the department by failing to provide an unbiased audit and malfeasance by officials.

He seeks compensatory and punitive damages, as well as a public declaration that the audit was inaccurate and that it be retracted completely.

Marianne Chevalier, an attorney based in Walton is representing Middleton.

The Kentucky Department of Education did not immediately return a request for comment Thursday.

The district's academic struggles extend beyond its inclusion last year on a list of lowest-performing schools in the state.

In September 2013, the district was ranked the worst in the state on Kentucky's academic report cards, particularly due to low test scores at Newport Intermediate.

About four years later, Middleton wrote in an Enquirer opinion piece that test scores had risen, and the high school had met its goals.

But the district's testing results were subpar during the 2017-18 school year. In each subject area, less than one-third of Newport High students attained proficiency, according to Kentucky Department of Education data. The school tested at least 10 percentage points below state averages in every subject that year.

According to the audit, district staff and board members often cited student poverty as a cause for low student performance on standardized measures.

Nine in 10 students in the district qualify for free or reduced lunch, according to the audit. About 10% are homeless.

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