Magee testifies before Senate

September 13, 2005. The day that changed the lives of Gregg and Gina Magee, of Chandler, and their family forever when they learned their 15-year-old daughter had been sexually assaulted by her biology teacher, Donald Dudley.

Although Dudley has since been convicted and is currently serving time for improper relationship between educator and student, and her family is undergoing the healing process, Mrs. Magee says she feels compelled to seek a true accountability of all involved to help prevent the same from happening to others.

Earlier this month, Mrs. Magee spoke before Congress in Austin in support of a newly proposed piece of state legislation.

The bill, written by Senator Florence Shapiro for the 80th Legislative Session, entitled "Student Safety and Educator Misconduct Senate Bill #9," would require every public school employee - both certified and non-certified personnel - submit fingerprints for a national criminal history back- ground check. It would require a flag be placed on the educator's virtual certificates immediately once the state agency receives a report of misconduct so that other potential employers are aware.

Furthermore, if passed, the bill would prohibit all individuals who have been convicted of a felony or any offense involving a child that requires registration as a sex offender from being employed at a public school; improve communication between both state and local school officials and law enforcement authorities by sharing information; and create a clearinghouse for this information to be shared between school districts when an employee transfers to another employer.

"They're wanting to have stronger punishments on these teachers," Mrs. Magee said. "It had an effect on the Senators around me when I testified. There was an outrage at the negligence of reporting the incident."

Mrs. Magee said she first learned of the opportunity to testify in support of the bill, currently in its formative stages, during Dudley's hearing in Henderson County last summer.

"I credit Judge Carter Tarrance," Mrs. Magee said of the 392nd District Court judge. "He called a recess and asked Gregg and me to come into his chambers."

Tarrance informed the Magees Senator Shapiro had contacted him about the "numerous teacher incidents" in Henderson County, specifically Brownsboro ISD.

The same day the allegations were lodged against Dudley, accusations of misconduct with a student were also filed against BHS band director Daniel Burns and baseball coach Andrew Malone. Burns was convicted last year of tampering with a witness and is serving two consecutive two-year terms in a state jail, and Malone was indicted on criminal solicitation of a minor which was then downgraded to simple assault, a Class C misdemeanor.

"Judge Tarrance indicated that although he was aware of the supposed corruption and cover-ups, there wasn't anything he could do about it," Mrs. Magee said. "But he stated, "but you can.'"

After sharing her story with Christy Rome, Senior Policy Analyst on the Senate Committee on Education with Senator Shapiro's office, the Magees made the trip to the state capitol in Austin, on March 6.

"Your story made a profound impact on both the Senators and the numerous staff members from the House and Senate who I visited with later in the day that were watching the hearing via television broadcast," Rome said. "You made a strong case to support the bill and you gave the committee excellent advice for how it can be improved. We are working on a language that would strengthen sanctions faced by superintendents who fail to report educator misconduct as well as several other points you raised."

According to the U.S. Department of Education, nearly 10 percent of students are targets of educator sexual misconduct sometime during their school career. Since Texas began requiring national criminal background checks for candidates for educator certification in October 2003, almost 200 candidates for certification have been found to have serious offenses on their records, including sexual misconduct and crimes against children.

As recently as 2004-2005, the Texas State Board of Educator Certification found 35 certified educators were registered sex offenders. The number of individuals working with children in Texas public schools with criminal records is widely unknown.

"If the school districts know there will be repercussions they will have to buck up and follow protocol," Mrs. Magee said. "There won't be any questions of what they have to do."

Mrs. Magee said Brownsboro has been black labeled in some ways but there is a lot of good about the district, also.

"I'm trying real hard not to let three bad apples spoil the whole bunch at Brownsboro High School because we have some amazing teachers that teach by example, like Ty Thomison and Robin Ereman. It's just a handful of people."

Mrs. Magee said she plans to document her experience and findings in a book.

"This will help parents in this same situation who don't know where to turn," she said. "Especially those parents who are seeking justice are opposed. This will inform parents what to do, not only legally, but emotionally."