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Archive for March, 2013

State District Judge Mike Caldwell, who earlier threw out parts of Gov. Bobby Jindal’s education reform law that limited the authority of local school boards has dealt another crushing blow to the Louisiana’s gonenor’s* overreaching education revamp.

Caldwell had earlier left intact the provision that made it more difficult for teachers to attain job protection via tenure but on Monday agreed with the Louisiana Federation of Teachers and reversed his previous ruling, saying that the entire bill must be declared unconstitutional because too many different items were crammed into it.

In previous court cases, Judge Tim Kelley, Caldwell’s contemporary in the 19th Judicial District which is East Baton Rouge Parish, had struck down the method by which the state, through Jindal’s school voucher program, planned to pay private-school tuition with public funds.

Both Kelley and Caldwell are Republicans and Kelley’s wife served as Jindal’s commissioner of administration during most of his first term.

Prior to those two rulings, a federal judge knocked down the proposed voucher program, saying that it had the potential to disrupt a desegregation consent decree in Tangipahoa and possibly other districts.

Another 19th Judicial District Judge, Republican Tim Morvant, ruled back in January that a 401(k)-style retirement plan for future Louisiana employees was unconstitutional because it had received only a simple majority of legislative votes instead of the required two-thirds vote.

The administration has said in each case that it would appeal and repeated that assertion following Monday’s ruling but all in all, it’s not been a good few months in court for Jindal and his attorney, Jimmy Faircloth.

But at least all those appeals will keep the meter running for Faircloth.

*Gonenor is a hybrid word coined by one of our readers (we only wish we could take credit) that combines the words “gone” and “governor,” which, when combined, implies (correctly) that Gov. Jindal is often absent from the state.

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“Currently our 500 corps members work with nearly 45,000 students in the state of Louisiana. Our 1,000 alumni run schools, continue teaching in classrooms, are setting policy and otherwise influencing the debate for educational change in a positive direction.”

—Teach for America, describing its public purpose in its application for a $5 million appropriation in NGO funding from the Louisiana Legislature.

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Budgetary constraints coupled with Gov. Bobby Jindal’s general reluctance to approve non-government organization (NGO) funding requests have resulted in a declining number of requests in each of the past four years—from almost 450 in 2010 to just 90 last year and 80 this year (not counting the obvious $12 trillion joke request from the prankster in Georgia).

But Teach for America (TFA) apparently is not discouraged by the realities of fiscal austerity.

Among those 80 requests for funding by NGOs this year was one from TFA for a $5 million appropriation.

So, why would TFA need a $5 million appropriation from the state?

According to the project summary submitted with its application, the money would apparently be used to provide 550 to 700 teachers and 1,000 alumni who would serve as teachers, leaders and “positive change agents (whatever that is) in the lowest income schools throughout the greater New Orleans and greater Baton Rouge areas, central Louisiana, Acadiana and the Louisiana Delta.”

But wait. LouisianaVoice has come across three state contracts with TFA totaling almost $1.6 million to recruit, train and place 570 TFA teachers in the Delta region of Louisiana and the Recovery School District.

First, such an appropriation would seem to raise the obvious question of potential violations of federal Equal Employment Opportunity (EEO) laws by awarding contracts for the hiring of specific applicants to the exclusion of other equally or better qualified applicants.

The Equal Employment Opportunity Commission (EEOC), http://www.eeoc.gov/ for example, recently:

• Settled a disability discrimination lawsuit against Dillard’s, Inc., which had forced employees to disclose personal and confidential medical information in order to be approved for health;

• Sued a discount tire store, claiming that the store does not hire women in management positions and other positions because of their gender;

• Sued Texas Roadhouse restaurants for age discrimination because the restaurant did not hire applicants age 40 and older;

• Sued Bass Pro for racial discrimination because the store does not hire African-Americans or Hispanic applicants and for retaliation against employees who complained about discrimination.

Louisiana’s colleges and universities each year turn out about 600 graduates in elementary education alone. These are students who pay increasingly higher tuition to complete a minimum of four years of education and student teaching (longer, if advanced degrees are pursued) in order to become certified teachers to educate our children.

But the Louisiana Department of Education (DOE) apparently is willing to dole out $1.6 million to TFA in order to give preferential treatment to 570 individuals whose only qualification is a five-week crash course with no certification.

So who are these 570 TFA teachers (or if you go by the NGO funding application, 500 teachers and 1,000 alumni) “who serve as teachers, leaders and positive change agents” and where are they employed?

A public records request to DOE by LouisianaVoice produced a list of 529 TFA teachers scattered across Louisiana over a three-year period—and not all of those in the “lowest income schools.” Nor was there any way of know how many names on the list provided by DOE are still employed, given the relative short tenure that has become indicative of TFA.

The largest number of TFA teachers (208) was found in various charter schools, followed by East Baton Rouge Parish (83). Some, however, were found in more affluent areas such as Jefferson Parish (19) Zachary (1), West Feliciana Parish (2).

Other school systems and the number of TFA teachers employed included:

• Acadia (1);

• Ascension (22);

• Avoyelles (16);

• City of Baker (9);

• East Feliciana (29);

• Pointe Coupee (20);

• St. Helena (14);

• St. Landry (3);

• Vermilion (1);

• Madison (10);

• Plaquemines (7);

• St. Bernard (32);

• St. James (5);

• St. John the Baptist (13).

TFA’s NGO application summary said that its historical size of operation was 200 teachers and 100 alumni.

But just as described by Naomi Klein in her book The Shock Doctrine, http://www.naomiklein.org/shock-doctrine natural disasters or emergencies have opened the doors for takeovers of local governmental entities by for-profit investors.

“…After Hurricane Katrina and with the incredible opportunities for educational change in Louisiana, Teach for America was asked by the state and private philanthropists to grow larger to provide the necessary human pipeline for schools and districts,” TFA’s application summary says.

Incredible opportunities? Human pipeline? Interesting how education has come to be seen in such terms.

“Using millions in national philanthropic dollars, Teach for America grew from 200 teachers and 100 alumni to our current scale.

“This $5 million matches the giving levels of our neighboring state of Mississippi and is in line with the needed funds to continue operating in Louisiana,” it said.

“Teach for America is currently leveraging state funds more than 10 to 1 by raising more than $11 million in private funds for our operations in Louisiana. An increase in state funding allows us to continue this work and allows us to attract even more private donations in the years to come.”

And just how would this $5 million be used?

The proposed budget provided on the application gives the following breakdown of expenditures:

• Contracts: $0;

• Acquisitions: $0;

• Major Repairs: $0;

• Operating Services: $0;

• Other Charges: $0;

• Salaries: $0;

• Professional Services: $5 million.

In describing its public purpose, TFA said it “recruits, selects, trains and supports teachers and leaders for the lowest income schools and school districts in the state of Louisiana and around the country.

“Teach for America is tapping a previously untapped base of talent and attracting America’s top recent graduates to teach in schools that need their support the most,” TFA said in its application. “We are ensuring that these teachers achieve excellent results immediately and are working to channel their energies towards long-term impact within education and within the state of Louisiana.

“Currently our 500 corps members work with nearly 45,000 students in the state of Louisiana. Our 1,000 alumni run schools, continue teaching in classrooms, are setting policy and otherwise influencing the debate for educational change in a positive direction.”

Running schools? Setting policy?

And all this time, we thought the Louisiana Department of Education was doing that

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As analogies go, something called the Leadership Academy, offered to state employees by the Division of Administration (DOA), could best be described as Nero fiddling while Rome burns.

Did we say offered? Of course, we meant to say mandated, as in employees had no choice but to attend. And what they got was reminiscent of motivational courses offered a few years back to employees of the late Office of Risk Management. In those ORM classes, motivational speaker Ron Jackson of Baton Rouge offered employees the opportunity to build structures out of plastic drinking straws as some kind of motivational exercise.

And for his trouble, Jackson was awarded a $49,000 contract by ORM. In another of Jackson’s sessions, employees were asked to draw an energy-efficient automobile.

It is not known if Toyota, Kia, Nissan, GM, Ford or any other carmaker has moved to incorporate any of the revolutionary automotive designs that came out of that little exercise. And to our knowledge, no architectural firms have inquired about plastic straw building designs.

Jackson did hold one-on-one sessions with ORM employees to receive “confidential” thoughts, suggestions and complaints but few employees placed their full trust in the word “confidential,” and thus did not participate.

One reason for that lack of trust was the name of one of board members of his company, LEAD Training Resources Group. Before the contact information was removed, the LEAD website contained the name of a board member who, coincidentally, just happened to be an employee of DOA. And as if that were not enough, her contact information contained her state email address.

So now DOA is following that example by offering its Leadership Academy, complete with handouts of a book entitled Leadership Challenge by James Kouzes and Barry Posner.

The list price of the book is $24.95 but it’s likely that DOA got a steep volume discount. Total cost for all copies of the book was only $448.80, which computes to only about 18 copies at full price and considerably more copies than that were passed out.

Another $565.45 was spent by DOA on the reproduction of handouts and binders, bringing the total cost of leadership to $1,014.25 for the undetermined number of DOA employees assigned to attend the academy. Of course, the time spent by employees away from their duties to attend the lectures was not computed into the equation so that cost is undetermined.

And while no one was asked to construct a building of plastic straws or to design an energy-efficient car, attendees were given a list of six pairs of choices, or preferences, printed on a sheet of paper. That list is as follows:

• Beach or Mountains;
• Hamburger or Hot dog;
• Hotel or Camping;
• Fiction or Non-fiction;
• Pie or Cake, and
• Movie Theater or DVD.

Participants were asked to circle one preference on each line and then to visit other employees in attendance to compare lists to see who came closest to their choice of preferences—to what end we’re not entirely sure. Perhaps it was a test of compatibility for some new type of dating service.

The academy consists of five sessions. The first was held on Feb. 13 and the final session for the last group of employees is scheduled for next Wednesday (March 6), according to the itinerary provided employees.

We’re also not certain what happened last Wednesday but following that session, Vincent Miholic, Ph.D., training and development program manager for DOA, sent a somewhat curious email in which he apologized to attendees.

“My apologies, again, for miscalculating and running out of time,” he wrote. “Was really looking for a robust discussion, rather than the failed timing. Thought I could ‘power’ through it…very dangerous, drag-racing without enough pavement. Hope you’ll let me chalk this one up to success as ultimately a product of failure.”

“…chalk this one up to success as ultimately a product of failure”?

Can someone please tell us what that means?

The handbook contained a letter to attendees from DOA Chief Staff Steven Procopio, Ph.D. ($122,000 a year).

“On behalf of the Office of the Commissioner, (Commissioner Kristy Nichols ($162,700), thank you for your attendance in this valuable professional development activity,” Procopio wrote. “Your participation is an investment in professional growth and evidence of a strong commitment to the mission of the Division.”

Excuse us, Dr. Procopio, just how is required attendance indicative of a “strong commitment” to anything?

And as for the “mission” of the division, that’s a little difficult to quantify considering the mission of the governor’s office seems to be a little vague these days. It’s virtually impossible to discern any mission when Gonenor Jindal never seems to be around to look in on little things like an ever-expanding sinkhole in Assumption Parish that just happens to be leaking toxic gases.

It’s hard to define a mission when efforts to overhaul retirement and schemes to pay for school vouchers are shot down either by the Legislature or the courts.

Where’s the mission when an agency like the Department of Health and Hospitals, which has more than $650 million in assets and more than $7 billion in annual revenue is allowed to decimate its audit section in favor of a single contract auditor (who subsequently walked away from that contract) only to see an employee misappropriate some $800,000 in state funds before being caught?

Sorry, but having sat through a few of them ourselves, we really do not see the value of these touchy-feely sessions that may be intended to spread a warm fuzzy message throughout an agency but which accomplish little more than provoke derisive ridicule from the very ones the sessions are intended to benefit.

Where’s the mission in a campaign hell-bent on gutting higher education, handing out lucrative contracts to political supporters as public education is offered up as a sacrifice to the god of charters and vouchers and systematically dismantling the state’s public health programs?

From our perspective, this “Leadership Academy” is nothing more than meaningless lip service and an empty gesture designed solely to convince employees that someone up the food chain actually cares about them.

Sadly, the reality is nothing could be further from the truth.

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“Can you imagine a department having no IT staff? Can you imagine their human resources department being across town? Revenue is bing picked apart and more sections are to be dissolved.”

—Confidential source in email to LouisianaVoice.

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