Oklahoma State Department of Education could face third lawsuit over employee firing

A former Oklahoma State Department of Education employee said she was wrongfully fired for speaking at a school board meeting about the importance of mental health resources, indicating a potential third lawsuit over firings at the agency.

While speaking with reporters at her attorney's law office, Janessa Bointy said she intends to sue and never should have been fired. Her attorney, Leah Roper, already submitted initial paperwork to prepare a civil case.

"I knew that what happened to me wasn't right," Bointy said. "I feel I've done nothing wrong. I was a concerned parent, and I spoke up to share information and resources to my children's school district."

Two other recently fired employees filed lawsuits Tuesday in Oklahoma City federal court against state schools Superintendent Ryan Walters and his chief policy adviser, Matt Langston. Both plaintiffs, Cheryl McGee and Matt Colwell, said the agency violated their free speech rights by punishing them for sharing internal communications outside the department.

A number of other former staff members, who left voluntarily and involuntarily, have blown the whistle on issues at the Education Department since Walters' administration took over in January, including allegations of a toxic work environment and failure to pursue competitive federal grants.

Agency spokesperson Justin Holcomb said Bointy is "yet another example of a baseless claim."

"Contrary to public servants, these individuals are political activists who have no business being funded by Oklahoma taxpayers," Holcomb said in a statement. "The people of Oklahoma overwhelmingly voted for Ryan Walters during the course of three separate elections last year — as such, this administration will not tolerate pre-existing bureaucrats who are not 100% committed to empowering parents, ending leftist indoctrination, and making Oklahoma’s public education the best in the nation."

OKC teacher spoke on district's mental health programs

Since 2020, Bointy had been a school counselor specialist facilitating the mental health-focused federal grant program Project AWARE East.

After learning of a student's suicide, she said she felt compelled to speak at a March 6 meeting of the Edmond Public Schools board of education. Her children attend that school district.

Bointy spoke for two minutes to encourage the district to boost its mental health programs and suggested administrators apply for a federal grant for related trainings. She said she would have given the same advice to every school district, if she could.

Three days later, the Education Department fired her.

Her termination letter, which The Oklahoman reviewed, states Bointy violated the agency's media policy and her confidentiality agreement by speaking at the board meeting. The letter also cited a year-old complaint that she had conducted personal business during work hours.

Bointy said she didn't share any confidential information in her remarks, and she didn't speak with media at the meeting, though a local TV station aired some of her comments to the school board.

Roper, Bointy's attorney, said publicly supporting mental health initiatives made her client a target. She said Walters has made it clear his administration doesn't support these services.

"I personally believe that it's viewpoint-based," Roper said. "That because she was speaking in favor of resources to the public that he felt a need to suppress her and terminate her employment in retaliation for speaking. And that is classic government overreach.

"When an employee works for the state, they don't give up their rights to have an opinion or to speak publicly."

Education dept. employees worry about grant funding as staffing gaps widen

Walters has said he prioritizes grants supporting student mental health, but former employees have told The Oklahoman his administration impeded their work in these programs by leaving vacant positions unfilled and delaying approval of vendor contracts.

"We are not able to move forward with the work we are doing, new initiatives totally ceased, and the work that’s been going on sometimes comes to a stop," said Michelle Strain, who left her position as executive director of prevention and intervention services on May 1.

The agency's former grant writer, Terri Grissom, said Langston told her not to apply for competitive federal grants for trauma-informed services and social-emotional learning, along with any programs supporting LGBTQ+ people and diversity initiatives.

Much of the agency's competitive grant funding flows into its Student Support Office, where the department's mental health services are concentrated.

But, most of the employees in that office have resigned, leaving it heavily depleted, recently departed staff members say.

Many of these workers, like Bointy, were responsible for carrying out grant-funded services and making sure these programs stay in federal compliance. Failing to meet regulations could result in the federal government clawing back millions of dollars, Grissom said.

Even Walters' fellow Republicans at the state Capitol have expressed concerns over the department risking state funds with its handling of federal grants.

Bointy said Oklahoma desperately needs these grants to fill funding gaps and provide necessary services. She said it's "scary" to see these programs in limbo.

"There are not very many people left," Bointy said. "It is sad. It's unfortunate, and I honestly think it was preventable.

"The people who really suffer are the students."

Reporter Nuria Martinez-Keel covers K-12 and higher education throughout the state of Oklahoma. Have a story idea for Nuria? She can be reached at nmartinez-keel@oklahoman.com or on Twitter at @NuriaMKeel. Support Nuria’s work and that of other Oklahoman journalists by purchasing a digital subscription today at subscribe.oklahoman.com.

This article originally appeared on Oklahoman: Third Oklahoma Department of Education employee threatens lawsuit