FTS Investigation Reveals Lapses in Education Department's Confidentiality Procedures

Hudak reads privileged information into public record
Face The State Staff Report

Following inquiries from Face The State late last week, the Colorado Department of Education has removed sensitive teacher discipline documents from its Web site. The documents, removed from the Internet by officials Thursday, detailed the case against a former Poudre School District teacher and included personal information such as the educator's social security information and home address.

CDE

The records specifically concerned allegations against Barry Golub, accused of providing CDE investigators with false information as part of his license-renewal paperwork. Such information would normally be kept under seal for use in closed-door meetings of the state Board of Education, but were available since at least January 10, when the educator's case was taken up by the board. Department spokesperson Mark Stevens blamed staff error for what he says was an accidental disclosure.

Also Thursday, confidential information pertaining to the appeal of administrative judicial decisions was read into the public record by board member Evie Hudak, D-Westminster. Department staff quickly picked up on the mistake, but not until after the information was divulged. One board member, who spoke to Face The State on condition of anonymity, said the leaks showed how the CDE is "hemorrhaging confidential information at an alarming rate."

Golub, a teacher at Lincoln Junior High School in Fort Collins, could lose his educator's license for making false statements to the CDE regarding his qualifications for a Colorado professional special services license. With the help of then-Principal Lou Marchesano, Golub is accused of falsely asserting his completion of the district's "Special Services Induction Program." Education licensing staff flagged the application for review due to the fact that Marchesano did not generally certify education credentials for PSD teachers. The state Board of Education reviewed the case at its January meeting and certified the charges, which will now be addressed by an administrative law judge.

Marchesano has been replaced at Lincoln JHS by Monique Flickinger, although district officials declined to say whether the change in school administration is linked to this case. Golub’s attorney, Cathy Cooper, was shocked to discover that the CDE had made the documents public by posting them on its Web site. “Barry hasn’t has his [administrative] hearing yet, and this makes it seem like he’s already been punished,” said Cooper, who works for the Colorado Education Association.

Depending on the ruling of the administrative law judge, Golub may voluntarily forfeit his license, enter into a settlement with the state, or appeal.