Attorneys for state schools Superintendent Ryan Walters and the Oklahoma State Department of Education have asked an Oklahoma County judge to dismiss a lawsuit filed by two teachers who each received a $50,000 bonus in error.
In the lawsuit, teachers Kharis “Kay” Bojorquez and Kristina Stadelman alleged breach of contract by the agency and defamation by Walters. But in last week’s court filing, attorneys retained to represent the agency and Walters told District Judge Richard Ogden their clients are the actual victims.
Jason Reese, Paul Cason and Emmalee Barresi — attorneys for the private law firm Goodwin/Lewis, filed a counterclaim against Stadelman and Bojorquez, asking the judge to grant an order against the teachers for breach of contract for $50,000 each, along with attorney fees “and such other legal and equitable relief as the Court finds just and proper.”
No hearing has been set in the case. In the lawsuit originally filed Jan. 29, Bojorquez and Stadelman said Walters defamed them by accusing them of lying on their bonus applications. The lawsuit seeks an amount exceeding $75,000 in damages from Walters for both teachers. It also seeks a ruling that the teachers should not be liable for repayment of the bonus.
In January, the nonprofit news agencies Oklahoma Watch and StateImpact Oklahoma reported at least nine teachers — including Stadelman and Bojorquez — had received letters from the state Education Department, demanding that by the end of February, they pay back all, or portions of, the bonuses they received in error. Bonus amounts ranged from $15,000 to $50,000.
More: 2nd teacher joins defamation lawsuit against Ryan Walters over teacher bonus program claims
The news reports said at least $290,000 was overpaid to teachers who were either not qualified for the bonus or qualified for a lower amount. Walters since has said the number of teachers affected were four, but the news agencies showed documentation that agency spokesman Dan Isett confirmed the number was nine.
Efforts by the agency to try and claw back the money from the teachers did not receive a positive reaction from state lawmakers . Walters insisted federal regulations required the agency to do so.
Walters first blamed the teachers , and later the media's reporting of the story, for the issues with the program and has yet to accept responsibility for any errors that might have been made by him or the agency he leads. Days after the initial report came out, he said, without providing details, that the agency was working with teachers on ways they wouldn't have to pay back the money they received in error, which already had had federal taxes taken out and/or been spent in good faith.
What does the counterclaim filed by Ryan Walters' attorneys say?
The counterclaim filed last week essentially again blames the teachers for the situation. It alleges Stadelman and Bojorquez “represented to OSDE that neither were employed by an Oklahoma public school during the 2022-2023 school year” and said both teachers have “refused to repay the bonus amounts.” That caused damages to the Education Department, the agency’s attorneys said. Stadelman worked during that school year for Moore Public Schools while Bojorquez worked for Epic Charter School.
In the filing, Walters’ attorneys also said the plaintiffs’ “claim of Defamation falls due to the truth of the statement” and because “the statements alleged to be defamatory were not directed to the Plaintiffs.”
During the current session of the Legislature, lawmakers have reworked the bonus program , which was designed to lure teachers from outside Oklahoma, or who lived in Oklahoma but didn’t teach during the 2022-23 academic year, to teach in the state if they committed to do so for at least five years. Under the proposed new system, the bonuses wouldn’t be as high and would be paid out yearly, instead of in a lump sum. The claw-back language has been removed and responsibility for fact-checking applications is specifically assigned to the state Education Department. The bill, House Bill 4017, passed through the House of Representatives and the Senate Education Committee, but stalled in the Senate Appropriations Committee.
The state Education Department is using outside counsel in part because the agency currently has no in-house attorneys . In March, all four attorneys once employed by the agency left . They are among more than 130 employees who have left the agency — most through resignations or retirements — since Walters took office in January 2023.
This article originally appeared on Oklahoman: In new court filing, attorneys for Ryan Walters again blame teachers for bonus issues
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