S.P. school probe reveals lapses

By MARK PETERS, Portland Press Herald Writer

South Portland's former special education director made it possible for a woman who had been convicted of assaulting a child to work in city schools without going through a state background check, according to an investigation by the Maine Department of Education.

Education Commissioner Susan Gendron said Tuesday that her department found that Kathleen Fries left information about the district's contract with Deborah Wolfenden off state forms. Fries also assured South Portland school officials that state law was being followed in the hiring of Wolfenden as a consultant.

"Based on all our findings, that is clearly where our investigation has pointed to," Gendron said.

The commissioner added that her department is looking at suspending or revoking the certification of a former employee of South Portland schools, now that the investigation is complete. Gendron declined to name that person because of confidentiality rules.

The investigation followed last month's decision by South Portland school officials to terminate a contract with Wolfenden after they learned of an assault conviction in connection with the 1990 death of her 4-year-old foster son.

That discovery caused the state education department to look at why Wolfenden worked in the schools on and off for three years without education department approval. Maine law requires fingerprinting and a state and federal background check before the state education department can approve a teacher, support worker or contractor to work in a school.

The investigation showed that former South Portland Superintendent Reginald MacDonald and current Superintendent Wendy Houlihan acted properly and were never fully informed about Wolfenden's status.

"My reaction is: Good, I hope this is the end of it," Houlihan said Tuesday evening.

Gendron said the investigation showed two ways in which Fries' actions helped Wolfenden to get around the state's background check requirement.

Gendron said Fries assured MacDonald, who knew about Wolfenden's criminal record, that Wolfenden had been cleared to work in the schools. Fries was Wolfenden's immediate supervisor.

"He trusted the information he had gotten," Gendron said.

The investigation also showed that Fries left Wolfenden's contract off a report submitted to the state each year. The form requires school districts to list contractors and mark off whether they have gone through the state background check.

Fries resigned after Wolfenden's contract was terminated. People who know the two women have described them as friends. Neither Fries nor Wolfenden returned calls Tuesday.

Houlihan said she relayed information about the investigation to members of the Board of Education on Tuesday. Board member Michael Eastman said he cannot understand why Fries did not follow proper procedures, as the investigation showed.

"I am very disappointed," Eastman said.

Both Eastman and Gendron said Houlihan responded correctly to concerns over the Wolfenden contract. The superintendent has created new procedures in recent weeks for handling contracts. Houlihan, for example, now requires every contract she approves to have the paperwork from the state background check attached to it.

"I do not feel it will happen again in South Portland," Eastman said.

Gendron said the state education department also is taking steps to tighten rules on background checks. That includes new reporting requirements for contract employees.

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