Penalty delivered for hateful text

Dumas teacher/coach receives 4-year probation, $250 fine

FILE — This 2015 file photo shows public school buses. (AP Photo/File)
FILE — This 2015 file photo shows public school buses. (AP Photo/File)

LITTLE ROCK -- The Arkansas Board of Education handed down a four-year probation and a $250 fine Thursday to a teacher/coach who was accused of texting a racially hateful message to a parent.

Max Pennington also will have to view certain training videos and read specific articles and/or books on educator ethics, personal accountability and racial sensitivity upon which he must provide written reflections as to how the training will affect his interactions in the classroom and on the playing field.

The Education Board, without comment, accepted the recommendations of a subcommittee of the Professional Licensure Standards Board, which held a full evidentiary hearing on the Pennington matter earlier in the year.

Pennington, who is white, was at the time of the text message a coach and dean of students at Dumas New Tech High School.

He sent a parent a text message in May 2019 saying "I hate" and used a racially derogatory term, members of the Dumas community told the Education Board in August 2019. Pennington followed that text with a second text to the parent saying, "Oh my God, I meant beggars."

The Pennington issue Thursday marked at least the fourth time that the case has been raised to the Education Board.

In August 2019, a Dumas pastor, the Rev. Johnny Smith, addressed the board during a public-comment portion of the meeting, to ask the state provide options to Dumas students and parents who wanted to participate in sports but not under the direction of the coach.

Smith also asked for options for families who didn't want their students to have to interact at school with the coach, who was also the dean of students.

Education Secretary Johnny Key told the board then the matter has been referred to the Professional Licensure Standards Board for a possible investigation by its ethics subcommittee.

That subcommittee investigates alleged violations of the code of ethics for teachers and administrators and, based on the investigation results, makes recommendations to the Education Board on penalties to be levied for any violations.

In February, the board was provided with a proposed agreement between Pennington and the licensure board's subcommittee that called for Pennington's state license to be placed on probation for two years, with a $250 fine and the reading/viewing of materials to aid him on racial sensitivity.

The Education Board tabled a decision after Smith, the Dumas pastor, told the board Pennington caused tension and dissension in Dumas and efforts to fire or otherwise penalize Pennington were circumvented and/or diminished, he said. That included a 100-day suspension for the coach that inappropriately included weekends and not just contractual work days, Smith said at the time.

The board's February decision to table any action was a notice to Pennington the Education Board was considering a different action other than the proposed two years of probation.

In May, the Education Board voted to send Pennington's case to a full evidentiary hearing before the Professional Licensure Standards Board's ethics subcommittee, which hadn't occurred at that point.

In directing a full hearing be held by a state panel, the Education Board rejected the earlier agreement between the licensing board and Pennington that Pennington be placed on probation for two years.

With the four-year probation, Pennington remains licensed to work in certified positions in school districts.

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