Gone but still paid: Ex-data chief awarded MDE contract

The state Department of Education has awarded a nearly $50,000 contract for two months of work to the consulting company of former agency administrator J.P. Beaudoin, who departed the agency seven months ago amid a federal lawsuit alleging sexual and racial discrimination.

Beaudoin, who served as the department’s chief of research from August 2015 until his resignation last October, is the CEO of Research in Action, an education consulting company based in Baton Rouge, Louisiana.

Documents from the MDE’s office of procurement show Research in Action was approved as a contractor to produce annual reports as required by federal law at the school, district and state level effective May 5.

Mississippi Today first reported the award on Wednesday.

Research in Action’s work will entail developing data models in part from certain indicators of academic performance and growth as shown by student assessment scores.

While with the MDE, Beaudoin earned a salary of $158,000. The agency’s contract is roughly a third of his former annual earnings. Last May, The Clarion-Ledger reported that Beaudoin had earned $225,104 in MDE contract work before his original hire.

Guidelines from the state Personal Service Contract Review Board leaves the discretion of operational procedures for making small purchases — those $50,000 or less — to agency heads, meaning that approval from the board which serves as the watchman for state agency contracts is not required.

Because the total amount of the award ($48,076) is below $50,000, the contract did not require the state Board of Education's approval.

The MDE’s employees’ procedures manual outlines two procurement methods for making small purchases.

The first is to request three written quotations of prices. The other option is to choose from a pool of service providers.

MDE spokeswoman Jean Cook said the agency used a pool of providers to contract with Research in Action.

"No other provider in the pool was eligible to perform the scope of work in the contract," Cook said in a statement. "The MDE chose the pool of providers method because the project was time sensitive and the method is an appropriate option for selecting a provider."

Questions about whether other providers in the pool were capable of conducting the work was not immediately answered.

In his former post, Beaudoin supervised six MDE offices, including student assessment, accreditation and educator licensure.

Beaudoin was heavily involved in developing state testing standards.

And there is a question of whether the award presents a conflict of interest or ethics violation.

Regulations from the state Personal Service Contract Review Board state, "It shall be a breach of ethical standards for any former employee, within one year after cessation of the former employee’s official responsibility, knowingly to act as a principal, or an agent for anyone other than the State, in connection with any contract … in matters which were within the former employee’s official responsibility, where the State is a party or has a direct or substantial interest."

"After a careful review, the MDE is confident there are no ethical violations related to this contract and all applicable procurement policies were followed to select the provider," Cook's statement continued, "Section 6 of the PSCRB’s regulations regarding restrictions on former employees does not apply to this contract."

Another spokesperson, Patrice Guilfoyle, further clarified that the section does not apply because the contract is not in excessive of $75,000 — the threshold required for PSCRB approval.

A spokesperson for the state Personnel Board told The Clarion-Ledger any concerns about the contract would be handled through the state Ethics Commission.

Last August, Melissa Hall, an employee terminated by the agency, filed a federal complaint against state Superintendent Carey Wright alleging that Beaudoin created a racially and sexually hostile work environment.

Hall, who is black, alleged that Beaudoin, who is white, “treated white males more favorably.” The complaint further alleged that Beaudoin instructed former agency employee Cerissa Neal to dismiss Amy Daniels, a white female, in order to prevent Hall from claiming she was the victim of race discrimination.

When he stepped down in October, Beaudoin was not named as a defendant in the lawsuit. An amended complaint filed in January this year lists Beaudoin as a defendant, along with Chief Academic Officer Kim Benton and Executive Director Walt Drane, both of whom are still employed with the agency.

Hall’s amended complaint makes no mention of Neal or Daniels.

While the complaint states, “actions and inactions of the defendants” constitute unlawful sexual or gender discrimination, the direct charge of Beaudoin creating a “sexually hostile” environment is absent. Whereas the first complaint highlighted Beaudoin's alleged role in Hall's termination, the amended lawsuit states that Hall was terminated by Drane, Beaudoin and Wright "based upon the recommendation of the defendant Benton, that the plaintiff was not performing her job."

A call to Carroll Rhodes, Hall's attorney, for comment on the changes was not immediately returned.

The Clarion-Ledger was also unable to reach Beaudoin at the number listed for Research in Action.

Action on the case is expected early next year.

Contact Bracey Harris  at 601-961-7248 or bharris2@gannett.com . Follow her on Twitter.