Former principal Peggy Petrilli's civil lawsuit against Fayette County Schools Superintendent Stu Silberman and the school board is set for trial Wednesday before Fayette Circuit Judge James Ishmael.
Petrilli, 61, is seeking damages for mental anguish and impaired earnings as well as punitive damages.
She filed suit in February 2008, claiming that Silberman and the board improperly forced her to resign as principal of the Booker T. Washington Academy because she is white and many parents at the school wanted a black principal.
School officials maintain, however, that Petrilli resigned voluntarily and was allowed to negotiate the terms, after parents submitted a list of grievances against her.
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Tests scores at Booker T. Washington improved sharply under Petrilli, as did scores at Northern Elementary when she was principal there. But shortly after Petrilli's lawsuit was filed, the school system released a internal report, under an open records request from the Herald-Leader, that called those improvements into question.
It alleged that Petrilli held back students who performed poorly on practice tests so they wouldn't have to take state assessment exams until a year later after receiving more schooling. That could have had the effect of inflating scores.
Petrilli's attorney, J. Dale Golden, argued that the report was designed to discredit her lawsuit. Petrilli later tried to add a defamation claim to her lawsuit, but the court dismissed the request.