NORMAN — Norman Public Schools has filed a motion to dismiss a lawsuit against the district by nine teachers after $355.12 was withdrawn from their state-promised bonuses for tax payments, according to court documents.
The case, filed Sept. 1 in Cleveland County, is scheduled to be heard 11 a.m. Oct. 26 in the courtroom of District Judge Tom Lucas.
The motion states that the claims of teachers Debra Bailey, Betsy Ballard, Pattipeg Harjo, Daniel Harris, Deborah Hill, GariAnn Jacobs, Barbara Sue Madole, Teresa McIntyre and Victoria Wood are “insufficient” and “invalid.”
According to court documents, Professional Educators of Norman, a professional organization of teachers employed by the district, has signed on in support of the suit, filed by nine of the district’s 122 National Board certified teachers because they did not receive their $5,000 annual bonus for achieving this certification, after employer taxes were withdrawn.
Richard Wilkinson, general counsel from Oklahoma Education Association, is representing the teachers.
NPS Attorney Robert “Buddy” Pendarvis is representing the district.
The district states in the motion that the bonuses are based, according to Oklahoma Statutes, on the availability of funds and that schools and school districts are not liable for payment. These reasons, among others, are why the district is petitioning to dissolve the suit.
Wilkinson declined to comment on pending litigation. He also has filed similar suits against Moore, Putnam City, Yukon and Muskogee school districts.
According to Oklahoma Statutes, the state — through Education Leadership Oklahoma, a program that promotes National Board certification — awards $5,000 each year to National Board certified teachers, providing they maintain their certification and teach full-time in an Oklahoma public school.
Rather than receiving the bonus directly from the state — as was done until 2008 per tax regulations by the Internal Revenue Service — the money is forwarded each year to the districts, and employer taxes are then subtracted, court documents state.
The motion states that in years prior, the state sent $5,000 for the bonus, plus the amount for FICA. This year, however, only the $5,000 was sent to the districts because the Legislature did not allocate the state money for FICA, the motion states.
“We’re just a flow through,” said Pendarvis in an earlier interview when he mentioned plans to file this motion to dismiss. “It’s not our responsibility and the statute clearly states that the school district will not be liable.”
Nanette Light 366-3541 nlight@normantranscript.com
