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Atlanta schools cheating case judge sticks to his word

Some see mercy, others sent to jail

ATLANTA — True to his word, a judge showed mercy to former Atlanta public school educators who accepted responsibility for their role in a widespread conspiracy to inflate student scores on standardized tests. Those who refused to admit guilt and agree to conditions set by prosecutors, he treated much more harshly.

Fulton County Superior Court Judge Jerry Baxter had delayed sentencing by a day and encouraged the former educators to negotiate deals with prosecutors. He made it clear Monday they would face prison time if they took a chance and let him sentence them. But only two took deals.

On Tuesday, Baxter sentenced the eight who rejected deals to between one and seven years in jail, despite their lawyers’ pleas for probation and community service. They are expected to appeal and will be free on bond while the appeals are pending.

“All I want from any of these people is just to take some responsibility, and they refuse,” Baxter said, his frustration clear in clashes with defense attorneys.

The two who struck deals were rewarded: Baxter gave a former teacher a 7 p.m. to 7 a.m. curfew at home for one year and gave a former testing coordinator six months of weekends spent in jail. They’ll also serve five years probation.

A state investigation found as far back as 2005, educators from the 50,000-student Atlanta school system fed answers to students or erased and changed answers on tests after they were turned in. Evidence of cheating was found in 44 schools with nearly 180 educators involved, and teachers who tried to report it were threatened with retaliation.

In 2013, 35 educators were indicted on charges including racketeering, making false statements and theft. Many pleaded guilty before the trial, and some testified at the months-long trial. The jury acquitted one of the 12 former educators who went to trial and convicted the other 11 of racketeering.

“This was very, very remarkable, to have the judge sort of give the defendants a second chance,” said University of Georgia law professor emeritus Ron Carlson. “The thing that maybe was a little surprising was the reticence of the defendants to step forward and do that.”

Bob Rubin, who represented former elementary school principal Dana Evans, said the decision to turn down the deal wasn’t hard for his client.

“She couldn’t say something that wasn’t true,” he said, referring to the insistence by the prosecution and the judge that the negotiated deals include an acceptance of responsibility.

Those who took the deals — former teacher Pamela Cleveland and former testing coordinator Donald Bullock — waived their right to appeal. They also agreed to accept responsibility, reading aloud a statement apologizing to students, parents and the court.

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