Pubdate: Sun, 18 May 2003 Source: Lexington Herald-Leader (KY) Copyright: 2003 Lexington Herald-Leader Contact: http://www.kentucky.com/mld/heraldleader/ Details: http://www.mapinc.org/media/240 Author: Lee Mueller, Eastern Kentucky Bureau TEACHERS TO KEEP JOBS DURING DRUG CASE 2 Elliott Countians charged in Fayette A drug raid in Lexington last month is creating headaches for Kentucky's longest-serving school superintendent. Some parents in Elliott County are challenging a decision by superintendent Eugene Binion to allow two married teachers -- one who is his niece by marriage -- to continue working until the Fayette County charges have been resolved. Lori Bunk, 30, who was hired three years ago as a special education teacher at Elliott County High School, and Jeremy Bunk, 28, hired this year at the district's alternative school, were arrested on suspicion of trafficking various controlled substances on April 12 near Picadome Elementary. The cases have been waived to a Fayette County grand jury, which meets June 3, assistant prosecutor Daniel Laren said. At least six people showed up at a Elliott school board meeting last month to protest Binion's decision, which he said will allow the Sandy Hook couple to teach at least until the school year ends May 30. Binion and the teachers' Lexington attorney say the defendants are entitled to a presumption of innocence. Binion said he also wants to wait and see how the couple is judged by the Kentucky Education Professional Standards Board before he recommends any disciplinary action. "I'm handling it the same way I would any other case," Binion said. "The fact that one of these persons is my wife's niece is not a factor. I did everything I was supposed to do. We'll see what develops." Nieces and nephews are exempt from anti-nepotism laws adopted for Kentucky schools in 1990. "The only decision I had to make was whether to keep them on until the end of the (school) year," Binion said. "And I've made that decision." Paula Lewis, a parent from Sandy Hook, disagreed with the decision. In a letter to The Elliott County News this month, she said most parents, teachers and employees of Elliott County High School were afraid to express their opinions for fear of retaliation. "We feel the accused teachers should be out of the classrooms, at least temporarily, and even with pay if necessary until this problem is resolved," Lewis wrote. The Elliott school district, with 1,200 students and 202 employees, is the county's largest employer. Brenda Allen of Frankfort, an attorney for the standards board that would decide whether the Bunks keep their teaching certificates, said Binion's decision is not unusual. "I actually find a number of superintendents leave people on the payroll in these circumstances because the charges can be dismissed down the road," she said. Lexington police Lt. William Henderson said the Bunks were arrested at 1:15 a.m. April 12 after a raid on the Kentucky Inn on Waller Avenue. Lori Bunk was charged with two counts of first-degree trafficking in a controlled substance (psilocybin mushrooms and Ecstasy pills), Henderson said, trafficking in marijuana within 1,000 yards of Picadome Elementary School, possession of methamphetamine and possession of GHB, a so-called date-rape drug. Jeremy Bunk faces a first-degree trafficking in a controlled substance charge, court records show. A charge of drug trafficking within 1,000 yards of a school was dismissed April 23 on a motion by the county attorney's office, records show. Binion said he also permitted another Elliott teacher arrested on drug charges nearly three years ago to continue teaching. "The teacher was cleared," Binion said. "It never went any place. The case was dropped." State police arrested special education teacher Joy Ferguson, 46, of Sandy Hook, in July 2000, on charges of trafficking in marijuana and possession of drug paraphernalia, and that August for unlawful transaction with a minor. Her record was cleared last month. The charges were diverted in April 2001 on the condition that the offense not be repeated within a year. Binion said Wednesday that Lori Bunk and her husband passed the district's criminal background check before they were hired. Lori Bunk pleaded guilty to first-degree robbery charges in Carter Circuit Court in 1992 in exchange for dismissal of pending felony charges in Elliott and Morgan counties, court records show. Yesterday, Binion said he could not explain why Lori Bunk's prior charges did not surface in her criminal background check. Binion, who has been Elliott County superintendent for almost 28 years, also is on the state standards board. Allen said Binion would not be permitted to participate in the Bunks' case. If the Bunks are convicted, they will not automatically lose their teachers' certificates, Allen said. The panel is authorized to dismiss the case, admonish the teachers, or conduct a hearing to perhaps take their teaching certificates. "I feel they're good teachers," said Elliott County High principal Larry Salyer, but said that will have no bearing on the standards board's investigation. The Bunks could not be reached for comment. "I told them not to talk to anybody," said their attorney, Brent Caldwell, of McBrayer, McGinnis, Leslie and Kirkland law firm in Lexington. _____ Herald-Leader staff writer Jenny Robertson contributed to this report. - --- MAP posted-by: Jackl