Cairo Association of Teachers - Newsletter

CAT Tracks for May 4, 2006 KOHL GETS BURNED

Not our region...fortunately...but, here's what can happen when you decide to play hardball with the big boys!

From the Southern Illinoisan...

Education department suspends Kohl

BY jim muir, the southern

Barry Kohl, the embattled superintendent of the Franklin-Williamson Regional Office of Education, has been suspended by the U.S. Department of Education from participating in federal government programs, a move that will cost the dual-county district more than $700,000 and as many as 25 jobs in the coming fiscal year that begins July 1.

Additionally, The Southern Illinoisan has obtained a copy of a letter dated May 1 that was sent to Kohl from the Illinois State Board of Education informing him that numerous federally funded grant programs will be transferred to other regional offices as long as he remains superintendent.

The letter was signed by Randy Dunn, superintendent of the ISBE, and reads in part:

"ISBE will need to transfer these grants, and possibly others, to one or more administrative entities. This transfer is necessary because in your position as regional superintendent you act as the principal of ROE 21. Therefore under your suspension and state law, as long as you remain as superintendent ROE 21 will not be eligible to administer or act as fiscal agent for federal discretionary grants. To the extent that you would remove yourself from office then ROE 21 could continue to administer the affected federal grants."

It also remains uncertain how the suspension will affect other federal funding that provides most of the revenue received by Franklin-Williamson ROE. According to the 2004-05 budget, the regional office operated with a budget of $5.1 million with 56 percent coming from federal funds. If all federal funding is frozen the district could stand to lose more than $2.8 million as long as Kohl remains superintendent.

The latest announcement marks yet another development in the ROE saga that began more than 21 months ago when Attorney General Lisa Madigan handed down a 62-count indictment against Kohl, his wife Janine, Mary Ann Adams and Suzanne Willmore. The indictments allege the Kohls submitted bogus travel vouchers and received reimbursement from the ROE for personal expenses and also that they committed perjury when testifying before a grand jury. The charges also allege the Kohls solicited Adams and Willmore to commit perjury to cover up the illegal activities. The four were arrested by state police on Aug. 18, 2004, and posted bond and were released the same day.

Meta Minton, public information director with the state board of education, confirmed that the letter was sent to Kohl earlier this week and then deferred questions to Jonathan Furr, ISBE general counsel.

Furr said the suspension issued by the USDE also involves both Janine Kohl and Adams.

"We have taken action after the U.S. Department of Education issued a notice of suspension against Barry Kohl, Janine Kohl and Mary Ann Adams," Furr said. "This means that they are not able to receive or administer any funds through the federal grant programs. From our perspective these funds will be moved away from this regional office for as long as Barry Kohl is the superintendent."

Furr said Kohl was notified by the USDE April 18 about the suspension and thus far has not responded to the state board of education.

Kohl was soundly defeated in the March 21 primary election by West Frankfort educator Matt Donkin. However, his current four-year term does not expire until July 2007 - more than 14 months away.

Franklin County Board member Ronald House called the latest development "troubling." House said a move has been made to ask Kohl to resign or go on a paid leave of absence until his current term expires.

House said he attended three joint meetings between Franklin County and Williamson County officials concerning the ROE situation. House said the general consensus from both counties' state's attorneys is that "from a legal aspect our hands are tied."

"We looked for some way to remove him, either get him to resign or remove him legally, anything that we could do in order to facilitate and prevent exactly what has happened from happening," House said. "At that time we were told that there is nothing that can be done to accomplish any of that."

House, who has worked in education for more than 40 years, called the latest development involving the ROE "a black mark on our profession."

"At this point in time it is interrupting the salaries of the people who depend on these grants and it also is obviously going to make school districts receive late payments," House said. "From a personal standpoint, from a county board standpoint and from the standpoint of an educator I am deeply troubled by this."

Franklin-Williamson ROE is the largest in deep Southern Illinois with 67 full-time employees and an annual budget of $5.1 million. Nearly 50 percent of expenditures - $2,452,979 � was paid in salaries, benefits and expenses.

More than 14,500 students attend school in Franklin and Williamson counties. Franklin-Williamson ROE receives 10 percent of its revenue through local sources, 34 percent through state sources and 56 percent through federal sources.

Barry Kohl is charged with a 32-count indictment that includes 13 counts of theft, four counts of forgery, six counts of official misconduct, four counts of perjury, four counts of solicitation to commit perjury and one count of conspiracy - 21 felony charges and 11 misdemeanor charges. Janine Kohl is charged in a 25-count indictment that includes five counts of perjury, five counts of official misconduct, four counts of solicitation to commit perjury, three counts of forgery, two counts of theft and a single count of conspiracy, 12 felony and four misdemeanor charges.

Adams is charged with three counts of perjury and a single count of conspiracy. Willmore, who works as a secretary at the regional office, was facing two felony counts of perjury but entered into a plea agreement in January, pleading guilty to a misdemeanor charge of attempted perjury. In exchange for the lesser charge Willmore has agreed to testify against the other three defendants.

The charges of theft, forgery, official misconduct and perjury are all Class 3 felony charges that are punishable for two to five years in prison on each count.

Citing the medical condition of both Barry and Janine Kohl, an agreed order was entered in Franklin County Court in March that indefinitely suspended the legal proceedings against the three ROE employees. No new court date has been set for the Kohls or Adams.

Attempts to reach Kohl Wednesday were unsuccessful.