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George Schmidt Continues Fight


The Chicago Board of Education, which had sought more than $1.3 million from a teacher who published a standardized test in 1999 without permission, has agreed to accept $500 in damages, officials said this week.

But George Schmidt, who was found guilty late last year of violating state and federal copyright laws, said he would continue to fight, citing his 1st Amendment right to freedom of speech.

Both parties are now headed to the 7th U.S. Circuit Court of Appeals.

The former teacher at Bowen High School published portions of the Chicago Academic Standards Examination in an investigative publication he edits, Substance.

Although making the questions public forced costly revisions to the exam, the district has decreased its demand for damages in the interest of ending litigation over the issue, said Marilyn Johnson, who heads the school district's law department.

"The more important principle is that he violated our legal rights and the court has also determined that," she said.

Schmidt said he wanted to inform the public about a "terrible test" and will continue to appeal all the way to the Supreme Court.

"I have maintained that this has been a waste of taxpayer money," Schmidt said. "If I lose all of my appeals, the maximum I owe them is $500, which is what I will carry in my pocket until I have to give it to them."

He said that if he wins his appeal the money would fund a celebratory party. He also said he would not settle the case unless he gets his teaching position back. He was suspended without pay in 1999 and subsequently fired.

Johnson said the district has no intention of reinstating Schmidt. An investigation revealed that his action cost the district about $600,000, she said. The exam was not administered this year and is being revamped.

— Ana Beatriz Cholo
Teacher who leaked test owes city schools $500
Chicago Tribune
Jan. 29, 2003
http://www.chicagotribune.com/news/local/chicago/chi-0301290261jan29,1,6206257.story

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