A Birmingham principal will remain on paid administrative leave while an investigation into test “irregularities” continues, a Jefferson Circuit Court Judge ruled Thursday.

Wilkerson Middle School Principal Jennifer Love Lott has been on leave since Aug. 4 while the Birmingham Board of Education conducts an investigation into test scores at two schools where Lott has been principal.

In his order, Judge Patrick Ballard said Birmingham Superintendent Mark Sullivan has “sole discretion to place employees of the Birmingham Schools on administrative leave,” adding that Sullivan has not “abused that discretion.”

In her request to return to work, Lott claimed her “livelihood has been and will continue to be adversely impacted and suffer immediate and irreparable harm” by the suspension. She claims her “name, professional reputation, mental well-being have suffered” as well.

Lott’s attorneys could not immediately be reached for comment.

Court filings show the Birmingham Board of Education has retained the Public Affairs Research Council of Alabama to evaluate and verify test data. The Alabama Department of Education has begun a separate investigation. There was no indication as to when either investigation would be completed.

Lott alleged her suspension is “due to personal vendettas” that Oliver Elementary staff have because Oliver’s test scores fell after she left Oliver to become Wilkerson Middle School’s principal at the start of the 2022-23 school year.

Test scores dropped precipitously at Oliver Elementary after Lott left, while Wilkerson Middle School’s scores rose the year Lott became principal there.

Wilkerson Middle had the greatest percentage-point increase in math of all schools statewide. Oliver Elementary had the greatest percentage-point drop in math of all schools statewide.

From May 2022 to May 2023, Oliver Elementary proficiency levels shifted from:

• 48% to 28% in English language arts,
• 39% to 10% in math, and
• 63% to 12% in science.

From May 2022 to May 2023, Wilkerson Middle proficiency levels shifted from:

• 22% to 33% in English language arts,
• 2% to 38% in math, and
• 10% to 15% in science.