The attorney for a dismissed Towamensing Elementary kindergarten teacher filed a motion Tuesday to withdraw as her legal counsel in a federal lawsuit against Palmerton Area School District Superintendent Scot Engler and two other Towamensing teachers, Shanna Matthews Koscinski and Lisa Ward.

Scott Fegley, a Yardley-based attorney, said he is asking to no longer represent Lauren Smith in the matter because she "completed at least two applications for employment after her discharge from Palmerton in which she knowingly misrepresented that she had not been discharged from any prior employment."Book of drawingsSmith was fired in early 2015 by an 8-0 board vote in Palmerton.In her lawsuit, filed in December 2015, Smith claimed she was fired over a book of drawings she had made."The book was intended as a personal gift for assistant teacher Kelly Heinrick and contained drawings intended to be humorous about certain people the teachers knew and classroom situations the two teachers (Smith and Heinrick) had experienced," Fegley wrote in the initial complaint.Koscinski went to Ward and/or other teachers union officials and "complained the book of drawings made fun of students and teachers in a demeaning, derogatory way," according to the lawsuit.When called to meet with Palmerton administrators, including Engler, Smith said she destroyed the book at the request of union president Tom Smelas on Dec. 23, 2014.That claim, however, was denied in Engler and the teachers' answer to the complaint."Rather, (Smelas) specifically instructed (Smith) to be certain the book did not return to school premises for any reason," they responded.Engler provided Smith with a letter on Jan. 15, outlining his reasons for recommending her termination.AllegationsAccording to Smith, however, many of the allegations were untrue."The untrue allegations included that the cover page contained illustrations of alcohol, syringes and other drug paraphernalia, and sexual content and contained the phrase "Everything I Needed to Know in Life I Learned in Kindergarten," the complaint states. "It was also misrepresented that the book contained a caricature depicting a student looking like Fat Albert with a pudding container in the background allegedly making fun of the student's weight and ethnicity."In the lawsuit, Smith does admit that the book "contained a drawing of a student who had defecated and urinated in the classroom," but claims Koscinski mischaracterized the image further in allegation that was accepted by Engler as true.In their answer to the complaint, Engler and the teachers said "the caricatures were clearly intended to mock certain children in the classroom who had disabilities and challenging life situations and, as well, the caricatures depicted a cafeteria staff member in demeaning ways. It is specifically denied that Engler's Jan. 15, 2015, letter contained any misrepresentations, or that Koscinski made any misrepresentations concerning the content of the book."The complaint further alleges Smith believes the actions were a retaliation for her and her mother's complaints about the district's lack of implementation of individualized education plans.Engler and the teachers answered that allegation by telling the court Smith's mother had "contacted the parent of a student who had an IEP, and with whom she is friends, in order to try to convince this parent to make claims that the IEP was not being followed, presumably in retaliation for Koscinski reporting the book had been created."Lawyer wants out"I can no longer in good faith advance the plaintiff's arguments in this case at trial," Fegley said after learning of the alleged falsified job applications. "The first appeared in a document dated June 2, 2015. The second misrepresentation apparently occurred in March 2017, during litigation, and led to the withdrawal of an offer of employment from Allentown School District."The lawsuit did not list a district or school involved in the first job application.Had Smith disclosed the misrepresentation, Fegley continued, he would have declined the case. He also told the court that after re-evaluation of the case, he and Smith were having "fundamental disagreements."While (Smith) has indicated she wishes to consult other counsel, Fegley said, to date she has not submitted a written form to discharge him and allow him to withdraw.A trial in U.S. Middle District Court before Judge Jeffrey L. Schmehl is scheduled for Sept. 26.