During a September grievance hearing, Whelan argued that she was fired because she reported her findings to the Texas Education Agency. District administrators have denied that was the reason.

“I was terminated … because [DISD’s chief internal auditor] didn’t want to do his job and report problems that I had identified in my investigation,” Whelan said.

In early March 2022, Whelan was put on a performance improvement plan. Later that month, she reported her concerns of grade and attendance manipulation to the Texas Education Agency and notified her supervisor that she had done so.

“Ms. Whelan’s termination was a direct result of her report of violation of law to an appropriate law enforcement authority,” the lawsuit states.

During the public grievance hearing, Kathryn Long, the attorney representing district administrators, stressed that it was Whelan’s poor job performance — and not any whistleblowing — that was behind the decision to fire her.

“Her reports failed to adhere to proper investigative and auditing standards,” she said. “This investigation report had holes you could drive a Mack Truck through.”

What Whelan flagged as grade-changing was a school principal helping students with credit recovery amid ongoing pandemic disruptions, Long added.

Former Dallas ISD auditor suing district

Andrea Whelan claims the district violated the Texas Whistleblower Act and the National Defense Authorization Act.

WFAA DALLAS — A former Dallas ISD auditor has filed a lawsuit against the district, accusing them of violating the Texas Whistleblower Act and the National Defense Authorization Act.

The former DISD employee, Andrea Whelan, has previously alleged she was fired for uncovering "grade changing and attendance manipulation" in its classrooms.

"Ms. Whelan’s review of District records revealed there was substantial pressure placed on school administrators, during the 2020-2021 school year, to boost student achievement and attendance numbers," the suit states.

Whelan reported her findings in August 2021, but the suit states the report was later completely re-written without her input or participation. The revised version omitted almost all details from the original draft and reversed her findings to conclude allegations of grade and attendance manipulation were unsubstantiated. 

The suit goes on to say Whelan then conducted a second investigation at Samuell High School involving the alleged falsification of grades, where she reported "a dozen instances in which failing first semester grades of students with excessive absences were improperly changed to passing, in the latter part of June 2021, based on principal approved Grade Correction forms."

Whelan's report conveyed information she received from various Samuell High School teachers who said they were directed to falsify attendance records to show students were present when they were not, and to change legitimately failing grades to passing. 

In early March, the suit states Whelan was placed on a one-week performance improvement plan which the suit states directly contradicted the assessment of Whelan's performance a month before, instead claiming she showed an "inability to independently perform as expected for an Auditor II." 

The suit states the PIP gave extremely vague directives like to "improve performance as expected." On March 7, the suit details that Whelan made a report to the Texas Education Agency about the manipulation she discovered and its impact on DISD's funding, along with the internal audit department's apparent refusal to address the issues. 

That same day, the suit states Whelan notified the district of the report. And on March 11, Whelan was suspended. The suspension letter noted Whelan had failed the PIP but did not explain how, only that she had "inadequate performance."

Whelan was fired on March 30 by the district, the suit states, after Whelan would not accept a settlement offer from the district. 

"In doing so, Dallas ISD retaliated against Ms. Whelan for preserving evidence related to her legal case," the suit reads. 

Following several grievance hearings where Whelan protested her termination, the Dallas ISD Board of Trustees unanimously rejected her grievance and affirmed her termination on Sept. 15. The suit calls this decision mere pretext for retaliation. 

"Ms. Whelan was reasonable in her belief that, among other things, Defendant was concealing the misrepresentation and misreporting of attendance and grade data in order to unlawfully obtain federal and state funding beyond what it was entitled to," the suit states.

The suit argues Whelan's termination was a direct result of her report of a violation of law to a law enforcement authority.

Whelan is asking through the suit for judgment against DISD for lost wages and benefits, both back pay and front pay, or for her position back in exchange for front pay. It also asks for DISD to pay her compensatory damages for emotional pain, suffering, mental anguish and inconvenience. And to pay her legal fees.