Law & Courts

Calif. Ed. Dept. Faulted In Whistle-Blower Case

By Joetta L. Sack — February 19, 2003 3 min read
  • Save to favorites
  • Print

A California judge last week upheld a $4 million verdict against the state department of education, but dismissed $150,000 in punitive damages against former schools chief Delaine Eastin in a case alleging discrimination against a whistle-blower.

In December, a jury found that James Lindberg, a former consultant in the state agency’s adult education department, had been harassed and moved to another job within the agency for reporting irregularities and potential abuses in the state’s handling of federal and state funds.

Total fines assessed against the California Department of Education in Sacramento Superior Court now stand at just over $4 million, but the department will appeal the judgment, according to agency lawyer Joanne Lowe.

Gaspar Garcia II, the lawyer for Mr. Lindberg, said that his client had worked for 18 years in the adult education department, and during the course of his job found that some state contractors were abusing the system by inflating student enrollments, overstating their duties, and not providing sites to house the educational programs for which they were receiving funding.

But after he tried to bring the problems to the attention of higher-ranking state and federal officials, he was demoted to another department within the agency, Mr. Garcia said.

Mr. Lindberg was also denied access to internal files that would prove his case, professional development and training, and chances to interview for other jobs within the department, his lawyer said. The verdict includes awards for back pay and loss of pension funds, Mr. Garcia said.

Further, he said, Mr. Lindberg was humiliated and teased by colleagues because of his claims. Mr. Garcia said the subsequent stress exacerbated Mr. Lindberg’s existing health problems, which include congestive heart failure and diabetes. Mr. Lindberg, 63, has suffered two heart attacks since filing the lawsuit in 2001, Mr. Garcia said.

Malice Claim Fails

The jury found that Ms. Eastin, then the state superintendent of public instruction, had intentionally retaliated against Mr. Lindberg for reporting the offenses. Some witnesses in the December trial speculated that Ms. Eastin was under pressure from Latino members of the state legislature to provide funding for English-language and citizenship classes for adult immigrants.

But Judge Brian R. Van Camp, in the ruling last week, said that Mr. Lindberg’s claims could not meet the burden of proof for malice. Judge Van Camp wrote that Ms. Eastin’s “failures may have been unprofessional, ill-founded, unresponsive, or even rude, but the law imposes a high burden to find malice.”

Ms. Eastin left office last month after being ineligible to run for re- election to a third term because of term limits. She could not be reached last week for comment.

Ms. Lowe said Ms. Eastin should be completely exonerated because Mr. Lindberg’s claims were unfounded. For instance, she said, his change of job came during a reorganization of the adult education department, and his new job was not a demotion.

Ms. Lowe said the times he did find that contractors were falling short, the claims were investigated and action was taken.

Further, she said, Ms. Eastin did not know who Mr. Lindberg was, as the education department has thousands of employees. Ms. Lowe said that Mr. Lindberg had approached the schools chief only at inopportune times, such as during a holiday party and on a street corner.

“These were not arranged meetings; he never, ever detailed to her in any conversation what he had found, why it was fraudulent, or who he was,” Ms. Lowe maintained. “When he says, ‘You’re retaliating against me,’ what does that mean? There’s not a shred of evidence that that ever happened.”

Lawyers for the education department had asked Judge Van Camp to set aside the entire judgment, but he declined to do so.

Related Tags:

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Assessment Webinar
Reflections on Evidence-Based Grading Practices: What We Learned for Next Year
Get real insights on evidence-based grading from K-12 leaders.
Content provided by Otus
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Well-Being Webinar
Creating Resilient Schools with a Trauma-Responsive MTSS
Join us to learn how school leaders are building a trauma-responsive MTSS to support students & improve school outcomes.
School & District Management Live Online Discussion A Seat at the Table: We Can’t Engage Students If They Aren’t Here: Strategies to Address the Absenteeism Conundrum
Absenteeism rates are growing fast. Join Peter DeWitt and experts to learn how to re-engage students & families.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Trump Asks Supreme Court for OK to Move Ahead With Deep Teacher-Training Cuts
The Trump administration on Wednesday asked the Supreme Court to allow it to cut hundreds of millions of dollars for teacher training.
2 min read
President Donald Trump, left, holds up a signed executive order as young people hold up copies of the executive order they signed at an education event in the East Room of the White House in Washington, Thursday, March 20, 2025.
President Donald Trump, left, holds up a signed executive order as young people hold up copies of the executive order they signed at an education event in the East Room of the White House in Washington, Thursday, March 20, 2025. The Trump administration asked the Supreme Court to permit the cut of funding for teacher training programs.
Ben Curtis/AP
Law & Courts See All the Lawsuits Filed Over Trump's Education Policies
Here’s a look at the moves that have drawn litigation, and where the complaints stand.
3 min read
Republican presidential nominee former President Donald Trump speaks during a news conference held at Trump Tower, Friday, Sept., 6, 2024 in New York.
Donald Trump speaks during a news conference held at Trump Tower on Sept. 6, 2024 in New York. His education actions since returning to the White House in January 2025 have drawn numerous lawsuits alleging he's overstepping his authority.
Stefan Jeremiah/AP
Law & Courts Opinion Can States Bar Religious Charter Schools? The Supreme Court Will Soon Decide
Recent U.S. Supreme Court decisions suggest that bans on faith-based charter schools may violate the Free Exercise Clause.
13 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week
Law & Courts NEA, AFT Sue to Block Trump’s Education Department Dismantling
The nation’s two largest teachers’ unions are asking federal courts to halt efforts to close the U.S. Department of Education.
4 min read
Kim Anderson, the executive director of the National Education Association (NEA), speaks during a demonstration at the headquarters of the Department of Education, Friday, March 14, 2025, in Washington.
Kim Anderson, the executive director of the National Education Association, speaks during a demonstration at the headquarters of the U.S. Department of Education on March 14, 2025, in Washington. The NEA and the American Federation of Teachers have both filed lawsuits seeking to block President Donald Trump's efforts to dismantle the Education Department.
Mark Schiefelbein/AP