CHARLESTON — Depositions submitted in federal court docket last week discovered the inside drama at the rear of the choice of standardized checks and the rivalry involving the previous condition superintendent of educational institutions and a lobbyist.

It was a rivalry that spilled into social media with assaults on the Division of Education and learning, condition schooling officials allegedly threatening just one main testing provider and even pressuring a different tests supplier to use their have lobbyist to “combat” and “neutralize” the other lobbyist.

The tale has virtually all the drama of a “House of Cards” episode, but the lawsuit submitted by lobbyist Jason Webb versus Steve Paine, previous state superintendent of schools, and Jan Barth, assistant superintendent for the Division of Teaching and Studying at the Section of Education and learning, showcases the combat in between two screening businesses to become the state’s new standardized check.

Record Course

Webb, a registered lobbyist in West Virginia with many shoppers, is the operator of the government affairs company Capitol Advocates. A single of Webb’s clientele was ACT, a non-revenue that creates standardized exams used for college and job readiness.

Webb filed fit in the U.S. District Court for the Southern District of West Virginia on June 12, 2019, against Paine, who was superintendent from 2017 to 2020, and Barth, who continues to be at the Department of Training.

In that filing, Webb accused Paine and Barth of employing govt electricity to intimidate him from exercising his 1st Modification right to free of charge speech.

Webb also accused Paine and Barth of threatening ACT more than Webb’s general public remarks, resulting in ACT dropping Webb as a lobbyist one particular thirty day period following Webb filed the lawsuit.

Very last week, both of those events in the lawsuit done the discovery course of action and depositions of witnesses. Lawyers for Webb and Paine/Barth filed motions for summary judgement on Aug. 21.


In accordance to court docket files, ACT contracted with Webb to be its lobbyist in West Virginia commencing in January 2016. Top up to the 2017 legislative session and the start of Gov. Jim Justice’s initially time period, the point out was going by way of an overhaul of training requirements right after general public feeling turned on the notion of Prevalent Main, a established of education and learning standards laying out what students need to be understanding in English, language arts, literacy and arithmetic.

By December 2015, the point out Board of Education and learning had repealed the Next Era Benchmarks, the West Virginia model of Popular Main, and replaced them 6 months later on with the West Virginia University and Vocation All set Criteria. By 2017, the point out made a decision to switch from the Smarter Balanced assessment, which was still aligned with the Future Era/Prevalent Core criteria, and to pick out a new standardized exam for 11th grade learners.

At the time, the condition was looking at ACT and SAT, yet another higher education entry evaluation designed by the Faculty Board. But the ACT test was rapid getting assistance. Justice, in the course of his very first Condition of the State deal with on Feb. 8, 2017, threw his aid at the rear of the ACT examination.

“I am heading to propose we toss Smarter Balanced in the trash can and we go to ACT screening,” Justice, to substantially applause, claimed.

The adhering to 7 days, a member of the point out Board of Education experimented with to do just that, making a motion to approve the ACT take a look at. A commission had previously proposed changing Smarter Balanced with ACT screening items. Instead of voting, the Office of Schooling proposed waiting for the Legislature to pass a bill letting the use of the ACT.


In accordance to depositions, Webb was working on behalf of ACT to enable craft language in a monthly bill that would have authorized the ACT take a look at to be made use of as a standardized test, as properly as a invoice to permit ACT to provide an opt-in support that will allow student’s info to scholarships and faculties. In accordance to Webb, the Office of Education and learning had drafted the language for both equally charges.

Nevertheless, things changed when Paine was picked for a 2nd phrase as state superintendent of colleges on March 23, 2017. Soon thereafter, the office adjusted its stance on the pupil info invoice and asked Justice to veto it even while it handed with huge majorities in the Residence of Delegates and Senate. Webb explained he figured out about the veto ask for from Joey Garcia, the former senior counsel for legislation and coverage for Justice.

“I claimed, ‘Is there any problems?’ And (Garcia) reported, ‘Yeah, Steve Paine’s been right here, and he wishes the invoice vetoed,’” Webb stated through his deposition. “I reported, ‘Why?’ (Garcia) mentioned ‘We’ll just operate it out in plan or contract.’ I explained ‘How did Steve Paine say, I mean, that’s completely opposite to what their general counsel advised me immediately, that they cannot get the job done it out.’ So what improved was Steve Paine obtained employed at the Division.”

During Paine’s deposition, he performed coy about any alleged role in having the laws vetoed.

“Did the Office advocate for the governor’s business to veto the invoice?” J. Zak Ritchie, Webb’s attorney, requested.

“I really do not recall,” Paine answered.”

Ritchie: “…The governor did veto the monthly bill. You are informed. Accurate?”

Paine: “I am conscious of that.”

Ritchie: “Sarah Stewart (authorities affairs counsel for the Division of Instruction) would not have advised the Governor to veto a bill devoid of checking to be sure it was all right with you. Right?”

Paine: “That, that would be logically the circumstance, yes…”

Webb claimed that soon after he contacted the governor’s workplace and urged them not to veto, Paine built make contact with with a countrywide lobbyist for ACT and urged him to get Webb under control, a conversation that Paine denies acquiring. Paine also allegedly threatened ACT by indicating the department would shut ACT out of contracts. At ACT’s urging, Webb gave the thumbs up for the Governor to veto the bill, believing that the office and ACT could function out the challenges in the agreement.

The second bill that would have authorized the ACT to be made use of for screening was altered by the Senate Schooling Committee to allow for other varieties of tests, such as the SAT, to be employed by the condition. Webb reported he warned the governor’s business office that the variations to the language in the monthly bill would hurt ACT’s chances of starting to be the screening vendor. The monthly bill was signed into law on April 26, 2017.

By May well 12, 2017, the Section of Instruction sought requests for proposals for assessments for third to eighth grades and an 11th quality exam. Through the blackout time period soon after ACT and SAT submitted their proposals, Paine allegedly confronted Webb at a convention in June and advised him ACT’s third-to-eighth quality take a look at was “junk.” Paine mentioned he did not remember the incident. Just after rejecting both of those ACT and SAT’s bids and starting up a new RFP process, SAT was elected by the office for all standardized screening irrespective of a official protest of the bidding procedure by ACT.

During the 2018 legislative session, the Senate was seeking at a invoice that would have allowed counties to choose either the SAT or ACT. The bill was pulled from the agenda immediately after the Section promised to make it possible for counties to choose their possess assessments the pursuing university year.

From 2018 to 2019, Webb made use of his individual Twitter account to criticize the Department of Education and learning for using the SAT test, which he referred to as a “Common Core” take a look at, for promises that they would make improvements to pupil take a look at scores, for celebrating the graduation rate in spite of the quantity of college students in college remedial courses and accusing new state Board of Education customers of remaining Typical Core supporters.

Barth, according to her deposition, was asked to gather Webb’s tweets by Paine. Given that Barth did not have a Twitter account, she requested Section of Education team to compile the tweets to deliver to Paine.

“I then was requested to have another person obtain, asked to acquire them and I didn’t experience like opening an account…we collected them up and I took a tough duplicate down to (Paine) soon after he requested it,” Barth explained. “(Paine) wasn’t delighted about it and he just believed some of it was inflammatory and that it was not supportive of the Office of Instruction and there was a adverse strength there that I feel was recognized early on this the bid process.”

The feud among Paine and Webb final results in Paine allegedly achieving out a number of periods by mobile phone, e-mail, text concept and in individual to ACT executives complaining about Webb and threatening upcoming contracts if Webb was not controlled.

Martin Roorda, the previous CEO of ACT, specific a mobile phone dialogue in March 2019 with Paine to a colleague. Roorda said Paine only talked about Webb, accusing the lobbyist of spreading rumors that Paine obtained kickbacks from SAT and indicating Webb had a “bad popularity.”

“(Paine) also explained that WV may be carrying out organization with ACT in the long term and indicated that the problem with Webb could have implications,” Roorda wrote. “(Paine’s) counsel explained that regulations for buy training could have an effect on the way they selected vendors and that Jason Webb’s habits could come close to true slander. I considered this was a type of a menace. And I do not like it. I even think these a danger is illegal observe.”

“We have been going in a path collaboratively and cooperatively with ACT nationally, and I preferred to make confident Mr. Roorda knew we are committed to performing that and functioning with you, but it’s getting very complicated in the condition mainly because we have a lobbyist that is, the most effective way to say it, is making some negative details that detracts from the collaborative energy that we have and wherever we’re relocating ahead with this detail,” Paine stated when questioned by Ritchie about the Roorda cellphone connect with. “It’s genuinely distracting a ton of folks.”

In a different email, Barth inspired SAT to hire a lobbyist of its own to counteract Webb’s lobbying efforts at the Legislature. The College Board hired Conrad Lucas, the former chairman of the West Virginia Republican Occasion, to be its lobbyist.

“Thank you! Conrad will neutralize Webb and correctly dispatch him to the curb,” Barth wrote to Greg Walker, vice president of the Faculty Board’s Midwestern Regional Business office. “The sooner the greater!”

“It was irritating to have to offer with the distinctive styles of issues that we ended up working with the Typical Main and the e-mails or the tweets that were currently being place out, so we have been fascinated in owning someone…who had the similar sort of access that Jason had to be in a position to go in there and reveal what we had been accomplishing,” Barth reported when questioned about the e-mail in her deposition.

“…By dispatching him to the suppress, I’m really speaking about the reality that he experienced entry with most of the individuals that were being crafting language for the rules, that had been wanting for matters to do and we desired to have a further voice in there,” Barth ongoing.

In their motion for summary judgement to dismiss Webb’s case, attorneys for Paine and Barth argue that Webb has no standing to pursue statements on behalf of ACT regarding the office deciding on SAT. In regard to Webb’s promises of suppression of his 1st Amendment legal rights, Paine and Barth point out that officials at ACT hardly ever asked Webb to delete or tone down his tweets.

“ACT’s dispute, if it has a single, is not (Webb’s) to prosecute,” wrote Jan Fox, legal professional for Paine and Barth. “(Webb) simply has no standing to go after any arguments ACT may possibly have relating to its nonselection as a check service provider in West Virginia…the only pertinent facts bordering this case are (Webb’s) concern with (Paine and Barth’s) grievances to ACT about his ‘tweets.’ ACT, nevertheless, under no circumstances questioned (Webb) to stop tweeting, delete them or tone them down.”

(Adams can be contacted at [email protected])



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