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Archive for December, 2012

Jeff Hughes borrows from Woody’s failed congressional bid: pseudo-newspaper claims entire Supreme Court is at stake

Posted in Campaign Contributions, Courts, Governor's Office, Judges on December 7, 2012| 2 Comments »

Is it just us or has Jeff Hughes ripped a page from the Woody Jenkins playbook in his campaign for the State Supreme Court with that tacky “newspaper?”

For that matter, how is it that Jeff Hughes runs on a campaign of rock-solid conservatism, garnering endorsements from Piyush Jindal, the Louisiana Republican Party and the Tea Party while at the same time reaping boat loads of campaign contributions from the plaintiff bar?

And how is it that Jeff Hughes on the one hand touts his support for right to life, firearms, “traditional” marriage and capital punishment while citing the new chief justice as a New Orleans liberal and says that his election would give conservative Republicans a majority on the Supreme Court and at the same time insisting that he would never in a million years allow his personal views supplant a strict application of the law.

That, folks, in hockey parlance is known as the hat trick.

For that matter, how does his high school basketball prowess qualify him for anything but a college scouting report?

And what makes the fact that he wrote the opinion on the First Circuit Court of Appeal denying the appeal of convicted serial killer Derrick Todd Lee significant? Given the evidence in that case, a first-year law student could have written it and in all likelihood, it wasn’t Hughes at all, but a law clerk who did the actual writing that Hughes signed.

In this, the last week leading up to Saturday’s runoff between Hughes and Judge John Michael Guidry, we received two mail-outs from Hughes. One, a slick, 9 by 6-inch card contained the headline: “Bummed About Obama?” and text that proclaimed that “19 states how have legalized marijuana and 9 states and the District of Columbia now allow gay marriage.”

Beneath that shocking news bulletin was the message, “Protect your rights here in Louisiana—vote Judge Jeff Hughes.”

Now, whether you like or despise Obama, whether you endorse the legalization of marijuana or gay marriage should never be an issue in an election for the Louisiana Supreme Court. Minnesota notwithstanding, a candidate for a judgeship has absolutely no business espousing his political viewpoint on political issues, hot-button or otherwise. That is simply improper and inappropriate.

And yet, Jeff Hughes maintains in that pseudo-newspaper, “I am a strict constructionist. It is the duty of the legislature, not judges, to make the law. I consider the Constitution to be an inspired document.”

During his unsuccessful 2008 campaign for Congress against Donald Cazayoux, Jenkins published several issues of what appeared to be a tabloid newspaper which, as it turned out, was nothing more than an oversized campaign brochure that praised Woody Jenkins.

Now Jeff Hughes has cloned that idea, mailing out the Louisiana Judicial Report.

At first glance, it looks like a real, bona fide, sure-fire tabloid newspaper, complete with the official Seal of Louisiana in the upper left hand corner, next to the masthead. “Supreme Court at Stake,” the headline screamed at the reader just before the paper disappeared into the recycle bin. Not an individual Supreme Court seat at stake, mind you, but the entire cotton-pickin’ court apparently is at risk in this one election.

The “newspaper” contains an assortment of hot “news stories” about liberal Democrats, conservative Republicans, student-athlete Jeff Hughes, the lack of experience of John Michael Guidry, the boyhood of Jeff Hughes, ads saying Hughes is a “pro-life champion,” his two-time All-District basketball career at Denham Springs High School and Livingston Parish MVP, the obligatory family photo, a list of “key” endorsements and a half-page ad denying that he is aligned with the plaintiff bar in the so-called “legacy lawsuits,” litigation by landowners against oil companies for not cleaning up their property once exploration was completed.

The ad says that after the legislature passed legislation prohibiting the legacy lawsuits, the oil companies (he refers to them as “billionaires”) are supporting Guidry and the landowners (“millionaires”) support Hughes, all of which somehow makes no sense whatsoever.

“As a judge, my job is not to favor or reward any group but to apply the Constitutions and laws to the facts of each case,” Hughes said in the ad. “That’s what I will always try to do in every controversy.

“Here’s some advice: ignore the big money being spent on TV (ironically, that would be Hughes money to a large extent) and think about the issues that actually affect you and your family.

“If you’re pro-life, pro-gun, and pro-traditional marriage, then vote Jeff Hughes.”

Wait. What?

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Guest columnist: Shadow schools, John White, subterfuge, accountability and the best interests of our school children

Posted in BESE, Charters, Education, Governor's Office, Guest Columnist, Privatization, Public Records, Vouchers on December 7, 2012| 4 Comments »

Editor’s note: Occasionally we post guest commentary and today’s offering contains what we feel is significant information about the existence of so-called “shadow schools.” The author of this essay is a former employee of the Department of Education (DOE) who possesses information not readily available to the public because of the propensity on the part of the Jindal administration and DOE to withhold information from the public that could potentially be detrimental to the administration’s goal of skewing statistics to put charters, vouchers, and course choice in the best light possible. Because the author is now employed in another field, we reluctantly decided to publish this under a pseudonym.

By Laird Bradford

Recently I’ve learned that the LDOE has known for many years about the existence of shadow or phantom schools that were created for the express purpose of evading accountability. (Shadow Schools are sites that go unreported to the State and Federal government for reporting purposes, but exist and function as completely independent schools.) In some cases such as Caddo, Jefferson and EBR these efforts were halted in the past. In other cases such as Iberville, St James, and who knows how many others, these efforts are allowed and perhaps even encouraged. (If you doubt me, feel free to call up Iberville (225-687-4341) and ask them what state site code they’ve had assigned to MSA East and MSA West and when they plan on requesting one.)

Only the LDOE knows why rules were made (and made to be broken for some) but this begs a greater question. Where are the children? I mean really? How do they actually keep track of them? Where did they factor in these decisions? Do they factor at all? School districts get State funding for them by reporting they are enrolled at other existing schools, and those Academy students raise the SPS scores of the schools they are reported at, but those are schools, like East Iberville and White Castle, they never actually set foot in.

I hear our leaders like Bobby Jindal and John White claiming they are doing things “for the children,” and that teachers are only worried about themselves. Maybe that’s true. Maybe we all only worry about ourselves. Maybe teachers just went into the profession for the glamorous lifestyles and exorbitant salaries and don’t care about the kids they teach at all. I know I had a lot of teachers growing up that seemed to care a great deal about me, but that could have been part of an elaborate ruse.

I attended public schools in East Baton Rouge Parish. If I looked sad or down my teachers would ask me how my day was going and sometimes it felt good that someone took the time just to ask (though I know now that was just a cynical ploy on their part). When I was bullied and crying once I remember one of my teachers giving me a hug, and offering to help, but such intervention would have only made things worse and I bet they knew that-–-even if it did seem comforting at the time. When I didn’t do as well on a test they would offer to help me after class or in the mornings to catch up or review the topic again . . . “perhaps I could do some extra credit?” But I know now that was also part of a ruse to keep me dumb to the real game—of getting rich off of teaching.

Sometimes I would see my teachers doing part time gigs at the local library or bookstores or even grocery stores to make ends meet-–-or so they said. But I could tell from their wardrobes of all the latest fashions (from 10 to 20 years prior) that they were rolling in the dough-–-so even those jobs must have been part of a clever cover story. I’m sure one day I’ll figure it out.

I know John White is doing everything he can for our children though. He often tells us that he is, which is really quite bold of him since what meager data put out by DOE consistently say otherwise! I believe that is what’s called blind leadership. Sometimes blind leadership is important when you have a goal like privatization in mind, but inconvenient realities like clear evidence that pursuing your true goal [of privatization at any cost] may create vast educational disparities, make pariahs out of teachers, and sacrificial victims out of students. Sometimes you have to sacrifice a few children, or teachers, when the special interests clamor loud enough and the political aspirations of a megalomaniacal governor are at stake.

Unfortunately, despite John White’s catchy and not at all ironic slogan “Louisiana Believes,” Louisiana wasn’t believing fast enough so he was forced to hire a part time PR consultant named Deidre Finn for $144,000 a year (a full time consultant obviously would have been out of his price range.) This must be super important because he certainly wouldn’t do that for purely selfish reasons like spreading glory about himself in preparation for this next gig or to tout a constitutionally-challenged agenda even as children struggle to keep up with their devolutionary lessons (devolution is ok, but evolutionary theory is the devil’s workshop) in ever-increasing class sizes.

And get this folks: John White is only pulling down $275,000 a year! He’s barely getting by. That’s barely what a full time PR consultant makes. It’s no wonder he can’t afford to have any children of his own, or enroll them in our schools. I mean, how could he afford to enroll them in a non-public school (like our new BESE President Chas Roemer does) on such a meager pittance?

But let’s get back to more missing children!

Did you also know that despite record theoretical dropout declines, our graduate counts are relatively unchanged, even as our student enrollment climbs year after year? Despite the touted evidence from DOE that our annual dropout rate has roughly halved by to 9000 fewer dropouts on an annual basis since around 2006, our graduate counts, and all of our completer counts, have remained roughly the same. Every year since Katrina our enrollment has increased by around six thousand students. However, our graduates have increased maybe 1000 or so annually over the same time period. Does anyone know where those students are (because DOE seems to have lost track of them)?

Did you know DOE still hasn’t managed to count the students enrolled on October 1st of 2012? This count was supposed to be completed by the end of October, but it seems they are having serious problems in this department, too. It’s a good thing we don’t rely on that data for anything important, except allocating funding for schools or complying with act 54, that silly thing where students get linked to teachers to determine if teachers get to keep their jobs or tenure or some such. . . nothing really important.

John White also seems to have lost track of the children in his pursuit of creating what he calls “options” for parents. He is adamantly opposed to measuring the success, or failures, of non-public schools receiving vouchers, and in favor of loosening many of the requirements for charters schools, virtual schools, online course providers, and traditional charters in regards to teacher qualifications and class sizes. White believes it is more important to allow parents to make decisions, and market forces to decide success and failures, than to look after the welfare of children we pay him $275,000 a year to care about.

But that’s not his call to make!

For good or ill, John White is the Louisiana Superintendent of Education, not the Patron Saint of Free Enterprise and Anarchy. His job is to ensure all students receive a quality education, not to ensure that a free market, over time, renders a verdict as to who is a winner or loser. A school that is deemed “good” to a parent (maybe because they are close by and offer an afterschool babysitting service) may not be at all good for a child for creating an educated and fully functioning and responsible citizen. Moreover, if John White actually had any experience as a parent, he would realize that parents look at data and read reports, just like everyone else. By depriving parents of any yardstick by which to measure these myriad uncharted education operators he is vastly underserving parents and students. He is acting as a free enterprise messiah, a partisan demagogue, but not as a responsible Superintendent of Education worthy of a $275,000 salary.

John White and the Louisiana Department of education have lost track of dropouts, lost track of schools and the students in those schools, and lost track of the data used to provide funding based on student counts. What he has found is a cadre of political science majors, like his Compass Director Molly Horstman, and PR folks like Dave Lefkowith, and Diedre Finn to foist his political spewings upon us, hoping if he repeats his lies enough, we will “believe” them.

Thanks to Jindal and contributions from privatization forces, BESE (our state board of education) has been hijacked and instead of providing oversight, merely provides a rubber stamp to anything John White or Jindal proposes.

John White has lost some of our children, but his job is not done yet. With his destructive, deluded and dysfunctional policies he has plans to lose them all.

Tell John White it’s time to find the children again. It really is the least he could do.

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After three legal setbacks, the next logical step for π-yush is to follow the lead of Egypt’s Morsi: suspend the court system

Posted in ALEC, American Legislative Exchange Council, BESE, Education, Ethics, Golf Courses, Governor's Office, Health Care, Higher Education, Judges, Legislature, Legislators, LSU, Prison, Privatization, Retirement, Teague, Toledo Bend, Water Sale on December 6, 2012| 7 Comments »

First it was a federal judge who threw out Piyush Jindal’s voucher plan in Tangipahoa Parish because it posed a major setback to the parish’s current desegregation consent decree.

Then, last Friday, a state district judge, Tim Kelley, whose wife once worked for Piyush, said the method of appropriations to fund the statewide voucher program is unconstitutional.

Fast on the heels of Kelley’s ruling, fellow Baton Rouge District Judge William Morvant refused to throw out a lawsuit challenging the only part of Piyush’s far-reaching retirement reform proposals that survived the legislative session earlier this year.

In case you’re counting, that’s oh-for-three—not a good batting average for the governor who would be president.

Keep in mind that Piyush is the incoming chairman of the National Republican Governors’ Association.

Remember, too, that he thought he would be moving into that position in the hope that it would be the launching pad for his presidential aspirations. To do so, he needed to bring something substantial to the table.

That something was to be sweeping education reform. That was to be the centerpiece of his list of grand accomplishments, the bold-face type on his curriculum vitae.

Now, the status of both education and retirement reform are suddenly in jeopardy.

Suddenly the star of the errand boy of the American Legislative Exchange Council (ALEC) doesn’t shine quite so brightly.

What to do?

The obvious answer would be to teague someone. That practice, after all, has served him well in the past. No college president, attorney, doctor, agency head, legislator or rank-and-file state employee will dare rebuke Piyush lest he or she be shown the door.

There was a time when we would have run a recap of those teagued by this peevish little man, but the list has grown so long that it would take up far too much space.

On reflection, however, one must ask just what are Piyush’s alternatives?

Well, normally he could campaign against the re-election of judges Kelley and Morvant—except he already did the anti-judge campaign thingy in Iowa.

He can’t teague the federal judge; he was appointed by the president.

He can’t teague either of the state judges—Kelley or Morvant—because they were elected by voters of the 19th Judicial District.

He can’t teague Jimmy Faircloth, the attorney who so expertly represented the interests of the state in arguing on behalf of the voucher program because Faircloth was working under a contract that ends when all appeals are exhausted—about $100,000 or so down the road.

He can’t teague Angéle Davis, wife of Judge Kelley because she already resigned her position as Commissioner of Administration.

He can’t teague the legislator who introduced the education bills because they were not written by any Louisiana elected official but by the corporate honchos at the American Legislative Exchange Council (ALEC).

He might consider teaguing Superintendent of Education John White since there are already unconfirmed rumors floating around that he is leaving soon.

But there is a far better option open to Piyush:

He could take a page from the playbook of Egyptian President Mohammed Morsi.

It’s such a simple solution we’re surprised no one has thought of it before.

All he has to do is first invoke that obscure nullification clause which several states unhappy with last month’s presidential election are bantering about—the one that says states can unilaterally ignore a federal law they don’t like. Or even opt out of the union itself. Some in Texas are talking about splitting off and breaking the state into five separate states (pure lunacy, but a philosophy that dovetails nicely with that of the Tea Party).

Then, like Morsi, Jindal can unilaterally decree greater authority for himself, including issuing a declaration that the wrong-headed courts are henceforth barred from challenging his decisions.

(Come to think of it, such a move is not exactly unprecedented. President Andrew Jackson said of the U.S. Supreme Court’s decision that the state of Georgia could not impose its laws on Cherokee tribal lands, “(Chief Justice) John Marshall has made his decision, now let him enforce it.”)

After that, he could even take it a step further and, like North Korea’s late Kim Jong-il, bestow upon himself the title of “Dear Leader,” and, again like Kim Jong-il, commission a song of the same name in his honor.

Think about it. If he were to take that action, he could sell prisons, the old insurance building property, hospitals, roads, universities, the Saints and the Zephyrs, not to mention a few state-owned golf courses and state parks.

That water from Toledo Bend Reservoir? Sold. Gone to Texas and a few select political cronies are even richer than before.

And you only think you’ve seen a lot of corporate tax breaks, incentives and exemptions. Once he issues his decree, corporate taxes would disappear into that sink hole in Assumption Parish.

All state employees who aren’t fired outright (to be replaced by telecommuting administrative types from Florida, California, Alabama and elsewhere) would immediately forfeit all health and retirement benefits—except for friendly former legislators who, of course, would be elevated to six-figure salaries with full benefits.

The Department of Civil Service, public schools and the State Ethics Board would become distant memories for the nostalgic among us.

Of course, were he to take such action, he could always say his decision was predicated “by three things: one, to protect needed reform packages; two, to streamline government so at the end of the day, we can do more with less, and three, I have the job I want.”

Opponents could be expected to condemn his decrees as heavy-handed and dictatorial but what else would you expect from those who represent the coalition of the status quo?

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BESE defies court ruling, okays 45 Course Choice applicants but issues news release on election of new officers for 2013

Posted in ALEC, American Legislative Exchange Council, BESE, Campaign Contributions, Charters, Computers, Education, Governor's Office on December 5, 2012| 3 Comments »

Maybe the Board of Elementary and Secondary Education (BESE) needs that high-priced public relations type to match Superintendent John White’s part time $144,000 telecommuting PR hack after all.

One might think that any news release by BESE would be Tuesday’s approval of 45 course choice providers despite a judge’s ruling last week that the method of funding course choice and vouchers is unconstitutional.

One would be wrong.

The only news release by BESE was the announcement that Chas Roemer (R-Baton Rouge) was elected President of the board and James Garvey (R-Metairie), Vice President and Holly Boffy (R-Youngsville), Secretary-Treasurer.

“Penny Dastugue, BESE’s current President, congratulated the Board’s new officers,” the news release said.

“I’m honored to have been chosen, and I look forward to living up to the confidence the other Board members have placed in us to continue our work in making Louisiana’s education system among the best in the nation,” it quoted Roemer as saying.

Garvey agreed, it said. “It is a privilege to be selected by our fellow representatives as a leader in this effort,” he was quoted as saying.

“It is a tremendous responsibility, and we look forward to meeting that responsibility,” Boffy added.

Now that, folks, is heavy-duty reporting.

Never mind that BESE, by an 8-2 vote, completely ignored the ruling of Baton Rouge District Judge Tim Kelley that said the diversion of constitutionally-mandated funding for public schools under the state’s Minimum Foundation Program in favor of private, for-profit firms and online companies was unconstitutional.

Gov. Piyush “The Petulant” Jindal responded to the legal ruling in equally legal terminology, saying the “ruling is wrong-headed and a travesty for parents across Louisiana who want nothing more than for their children to have an equal opportunity at receiving a great education.”

State Education Superintendent John White, in a typically verbose statement released after the ruling said, “We strongly disagree with the ruling. We are optimistic this decision will be reversed on appeal.”
The court ruling aside, BESE members allied with Piyush practically gushed over their newfound independence from the courts.

“I’m so excited about the opportunities that the courses will provide to our students,” Boffy said.

Outgoing board President Dastugue added, “We don’t have an option to delay.”

Board members Lottie Beebe (R-Breaux Bridge) and Carolyn Hill (D-Baton Rouge) voted against the course choice providers and even suggested that some of their fellow board members should recuse themselves because they were recipients of campaign contributions from organizations and individuals applying for the tax dollars to offer the online courses.

Beebe, in an email, said, “I pointed out that I would be remiss if I did not point out that at least five BESE members should consider recusing themselves…particularly if they received political contributions from any (applicants).”

That recommendation, she said, produced “fireworks.”

“I received an earful from Chas Roemer and Ms. Boffy defending their campaign contributions and the perceived conflict of interests. I wonder why this would be such a sensitive issue.
“Despite my attempt to encourage them to do the honorable thing, they voted favorably regarding the choice providers,” she said.

“For the record, one approved entity’s PAC (political action committee) contributed approximately $50,000 to five BESE members.”

She did not identify the PAC but CNS did identify one PAC that contributed a total of $41,000 to five BESE members. Some of the contributions were difficult to track because in at least three cases, an applicant contributed to a PAC which in turned contributed to a board member. In one instance, an applicant contributed to a PAC which contributed to a second PAC, which then contributed to the board member.

“And to think,” she said, “public school employees are mandated by law to participate in one hour of ethics training annually.”

Here are the approved applicants and their contributions to the campaigns of BESE members:

Pelican Chapter, Associated Builders and Contractors PAC:

• Jay Guillot (R-Ruston)—$5,000;
• James Garvey—$5,000;
• Holly Boffy—$5,000;
• Chas Roemer—$10,000;
• Kira Orange Jones (D-New Orleans)—$10,000

K12 Management:

• Holly Boffy—$1,000;
• Kira Orange Jones—$5,000;

Richard Zuschlag (CEO of Acadian Ambulance and Acadian Companies/National EMS Academy:

• Holly Boffy—$500.

Additionally, several successful applicants contributed to Jindal’s campaign. They included:

• PEC/Premier Safety Management—$5,000;
• Zuschlag and Acadian Ambulance—$36,000;
• Craig Spohn, executive director of the Cyber Innovation Center in Bossier City and appointed as a member of the Higher Education Group of the Gov.-elect Jindal’s Economic Growth Transition Advisory Council—$10,000;

A myriad of complaints about online course choice schools was uncovered in an investigative report by the New York Times last year.

Some of those problems included a high turnover rate among teaching staff, poor academic results and insufficient state oversight.

The Times report noted that there was a “virtual churn rate” of more than 50 percent in New York online schools. Mid-year transfers numbered at least 1,000 students per year, meaning that at least $6 million per year went to online schools for students who no longer were enrolled.

Moreover, in many instances, when students transferred back into the public system, state funding did not follow them. Jindal has insisted all along that the “money follows the student,” and that local districts were not losing funding.

It will be interesting to revisit BESE’s actions in the months ahead to see how much money can extracted from the state by political insiders and to see if applicants were vetted any better than the infamous New Living Word School in Ruston which was approved for more than 300 vouchers before it was learned the school had no desks, no teachers and no books.

Of course, a repeat of that blunder is not expected considering that White had the foresight to hire Dave “Lefty” Lefkowith of the Canyon Group in Los Angeles at a cool $146,000 per year to hype the course choice program.

Now all he has to do is figure out a way around that pesky court ruling.

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