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“Copies of evaluation results and any documentation related thereto of any school employee may be retained by the local (school) board, the board (Louisiana Board of Elementary and Secondary Education), or the department and, if retained, are confidential, do not constitute a public record and shall not be released or shown to any person.”

—One of the provisions included in Act 54 of 2010 that was designed to ensure the protection of personal information pertaining to teacher evaluations. Superintendent of Education John White may have violated that provision of the law when he released a report that helped identify three Caddo Parish teachers.

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Superintendent of Education John White may have placed himself and the Louisiana Department of Education (LDOE) in legal jeopardy when he made a confidential report on three teachers at a Shreveport elementary school available to a Baton Rouge Advocate reporter in apparent violation of a 2010 state law.

White, who released the report on the Value Added Model (VAM) scores for the Shreveport school through an intermediary, may also have endangered his $275,000-a-year job by releasing confidential information to reporter Will Sentell last October in direct contravention of Act 54 of 2010.

The sequence of events began when State Rep. Alan Seabaugh (R-Shreveport) and White collaborated to tweak the VAM in order to improve the evaluations of three teachers at one of Shreveport’s better elementary schools.

Sentell quoted Seabaugh in the Advocate last Oct. 6 as saying, “You literally have the most successful teachers in the state being told that they are highly ineffective. This is nothing short of ridiculous.”

Sentell said the focus was on preliminary data for South Highlands Elementary Magnet School in Shreveport, where, despite the school’s being the top-rated elementary school in the state, three of its fourth-grade teachers were rated as “highly ineffective.”

Sentell’s story followed an interview with White but not before a detailed report on the three teachers was pulled together comparing fourth grade scores of South Highlands to those of “School X,” which in reality, was Westdale Elementary Magnet School in Baton Rouge.

In order to avoid Sentell’s learning that the report came from LDOE at his direction, White called on Rayne Martin, executive director of Stand for Children Louisiana, to serve as an intermediary and to tell Sentell that she had obtained the report through a data request. Martin previously worked in a number of capacities in LDOE, including chief of innovation—whatever that might have entailed.

When Sentell told White in the interview that he had a copy of a report that indicated the teachers had students whose average scores showed a significant drop from third to fourth grade, White, feigning innocence, asked Sentell where he obtained the report. White subsequently confided to Sentell in an off-the-record remark that the three teachers were ineffective and that Seabaugh was pushing hard to “fix it” for them.

One of the provisions of Act 54 says, “Copies of evaluation results and any documentation related thereto of any school employee may be retained by the local (school) board, the board (Louisiana Board of Elementary and Secondary Education), or the department and, if retained, are confidential, do not constitute a public record” and shall not be released or shown to any individual except:

• To the evaluated school employee or his designated representative;

• To authorized school system officers and employees for all personnel matter, including employment, application, and for any hearing, which relates to personnel matters, which includes the authorized representative of any school or school system, public or private, to which employee has made application for employment.

The act says the superintendent of education “shall make available to the public the data specified by law as may be useful for conducting statistical analyses and evaluations of educational personnel but shall not reveal information pertaining to the evaluation report of a particular employee” (Emphasis ours).

By releasing the data comparing the fourth-grade results of South Highlands with those of Westdale, White inadvertently revealed information “pertaining to the evaluation report of a particular employee” since South Highlands had only three fourth grade teachers and the detailed report provided comparisons on average scaled scores from 2010-2011 and 2011-2012 school years for each content that the three teachers instructed in fourth grade.

Emails received by LouisianaVoice from a former LDOE employee contained dozens of documents pertaining to VAM, Seabaugh and inter-departmental emails contained a copy of a file labeled, “Document for Rayne,” which was the report given to Sentell by Martin.

It was that report that through the process of elimination necessarily identified the three South Highlands teachers.

Act 54 lays out no criminal or civil penalties for violations of the sections that prohibit the public release of information to anyone other than authorized personnel.

But by violating that provision of the act, White may have invited litigation for damages from the three South Highlands teachers who could claim that their professional reputations have been damaged not only by a flawed evaluation system but by the subsequent actions by White that made their identities public.

Such litigation would be extremely difficult to defend. The only option for White now is to man up and take responsibility for his reckless, inconsiderate actions.

He must resign.

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We tried repeatedly to warn the Louisiana Department of Education (DOE) and Education Superintendent John White:

Sent: Thursday, April 18, 2013 7:55 PM
To: john.white@la.gov; joan.hunt@la.gov
Subject: PUBLIC RECORDS REQUEST

I should not have to remind you that you are answerable to the people of this state whether or not you like it, whether or not you like me personally, or whether or not these records cast you in a bad light. The fact is, you have no recourse but to comply with the laws of the State of Louisiana—or suffer financial penalties as a result of litigation.

Sent: Thursday, April 18, 2013 7:55 PM
To: john.white@la.gov; joan.hunt@la.gov
Subject: FIRST FOLLOWUP ON PUBLIC RECORDS REQUEST (COPIED TO ATTORNEY J. ARTHUR SMITH)

Should you attempt to prevent disclosure of any of the documents requested by any method, including a claim of deliberative process, or by saying the records do not exist and I subsequently come into possession of these documents (as I most certainly will, though it may take time), I will pursue all legal means available to me against the department, John White and any other individual who takes part in such a ruse.

Sent: Saturday, May 04, 2013 11:42 AM
To: john.white@la.gov; joan.hunt@la.gov; troy.humphrey@la.gov; ‘jason.hannaman@la.gov’
Subject: PUBLIC RECORDS REQUEST

Pursuant to the Public Records Act of Louisiana (R.S. 44:1 et seq.), I respectfully request the following information:

Please provide me the opportunity to review each of the multiple layoff plans submitted to Civil Service by the Louisiana Department of Education that are currently awaiting consideration by the Civil Service Commission.

Also, remember there is no such thing as a “three-day” deadline to produce records; they are to be provided immediately under statute, subject to penalties of $100 per day and the meter is already running on several other requests.

Sent: Monday, May 06, 2013 4:25 PM
To: joan.hunt@la.gov; troy.humphrey@la.gov; john.white@la.gov
Subject: PUBLIC RECORD REQUEST

I would remind you that the Louisiana public records laws are quite specific about the time you are allowed to respond to this request. There is no “three day waiting period” as some believe. Please do not try to delay release of these public records.

On most occasions, it is generally accepted that one should be a gracious winner by exhibiting the customary display of humility and sportsmanship.

This is not one of those times.

Repeated attempts at obtaining what are clearly public records from White and his DOE have met with obstacles and frustrations ranging from denials that requested records exist to interminable—and illegal—delays to simply having our requests ignored.

There were other similar requests likes the ones listed above, accompanied by similar warnings of potential legal action—many others.

Finally, our patience worn thin, LouisianaVoice filed suit a couple of weeks ago.

What followed was, in the approximate order:

• The setting of a trial date of Monday, May 13 (today) by 19th Judicial District Judge Janice Clark;

• A flurry of responses to numerous long overdue records requests from DOE as if to say late compliance equated to full compliance (it doesn’t);

• A status conference last Friday (May 10) at which Judge Clark made known her intent to enforce the letter of the law regarding the state’s public records laws;

• DOE’s sudden show of repentance and an offer to settle the matter out of court;

• A final settlement approved by Judge Clark in court on Monday.

The lawsuit was a no-brainer from the get-go. The public records law is quite specific as to what is public record and the responsibilities of the custodian of the record(s) to make said record(s) available upon the appearance of any Louisiana citizen 18 years of age or older so requesting any public record(s).

Should a record not be available or in use at the time of the request, the custodian must notify the person making the request in writing as to when, within three days, the record shall be available for inspection.

The Division of Administration (DOA) on one of our recent visits was apparently not so clear on that point. A spokesperson for DOA assured LouisianaVoice that it had three days to make the record available. Not so. Take note of that, Kristy Nichols (Commissioner of Administration) and DOA legal counsel David Boggs; it may come up again.

The custodian must make the record(s) available for inspection and may charge up to 25 cents per page for any copies the requestor may want. The requestor, however, is not required to purchase copies he/she does not want. Moreover, should the requestor possess a portable scanner, he/she is free to copy as many pages as he/she likes into his/her scanner at no charge (First Commerce Title Co., Inc. v. Martin, Second Circuit Court of Appeal, 2005). The legal eagles in Gov. Bobby Jindal’s office might wish to make note of that so they don’t repeat that mistake.

And just in case you might be wondering, here are the terms of our settlement with White and DOE:

• The Department of Education must make available by close of business on Friday, May 17, 2013, all outstanding requests for public records from LouisianaVoice and Tom Aswell, including a list of DOE employees who are alumni of the New Teacher Project, Teach for America and/or the Eli Broad Academy—information DOE previously said it did not have;

• DOE must pay all court costs incurred by LouisianaVoice and Tom Aswell;

• DOE must pay the attorney fees for J. Arthur Smith, legal counsel for LouisianaVoice and Tom Aswell;

• DOE must pay $100 per day for each day that it was late in responding to each request for public records made by LouisianaVoice and Tom Aswell.

Altogether, the attorney fees, court costs and $100 fines come to about $6300.

That’s $6300 of your money the Louisiana Department of Education and John White could have saved state taxpayers simply by complying with the state’s public records laws.

We can’t help it. Sometimes you earn the right to gloat and be a little smug, sportsmanship and protocal be damned.

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More information about the 14-minute telephone conversation between Louisiana Superintendent of Education John White and State Rep. Alan Seabaugh (R-Shreveport) is emerging that reveals a concerted but complicated effort by White to placate Seabaugh’s demand that evaluation scores be adjusted upward for three teachers at South Highlands Elementary School.

Even as he was attempting to surreptitiously help three teachers in his House district, Seabaugh was trying unsuccessfully to push a bill through this year’s legislature that would have prohibited the payroll deduction of union dues for public employees.

HB-552 was aimed at teachers unions like the Louisiana Federation of Teachers for successfully challenging Gov. Bobby Jindal’s education reform bills of 2012. It was defeated by a single vote with Rep. Jerome “Dee” Richard (I-Thibodaux) casting the deciding vote.

The information, provided by a source with intimate knowledge of the details of the events, shows that Seabaugh took an active part in trying to implement changes on behalf of the three teachers through repeated contacts with White.

White, in order to appease the lawmaker, soon began talking and messaging within DOE about a “Seabaugh Solution” so openly that Seabaugh apparently felt compelled to tell White that he did not want his named associated with the solution.

The chronology of events was detailed in a two-page document provided LouisianaVoice by the confidential source.

Last Wednesday, LouisianaVoice reported on the 14-minute conversation between Seabaugh and White that was recorded by an employee who White had apparently asked to participate on a speaker phone to answer any questions that Seabaugh might have that White could not address.

Seabaugh is said to have initiated the conversation with White after he was contacted by three of his constituents—teachers at South Highlands Elementary in his Shreveport district. The teachers were unhappy with poor evaluations and Seabaugh attempted to persuade White to try to help those specific individuals. White apparently attempted to accommodate the lawmaker even as he complained to him in that telephone conversation that he felt like a “ping pong ball” being bounced between the governor’s office, Seabaugh and Chas Roemer, President of the Board of Elementary and Secondary Education.

Because LouisianaVoice obtained several emails about the Value Added Model (VAM, also known within DOE as Compass) that were written around October of 2012, it was estimated that the telephone conversation between Seabaugh and White occurred around that time. The sequence of events outlined in the latest document reinforces the accuracy of that estimation.

In October of 2012, the source said, a teacher at South Highlands made a data request of DOE in which she wanted to know why she had received an ineffective rating. “A report was produced that showed that her 2011-2012 students’ average scaled score for the content that she teaches declined when compared to those same students’ average scaled score for the previous year.” The document added that “Her students performed worse than other students in the same grade and content in Caddo Parish or the state (as a whole).”

The document said White “began talking (and) messaging about a ‘Seabaugh Solution’ when he was asked about the fix for these teachers.” When people found out about the fix that would accommodate those three teachers, they became angry at Seabaugh and contacted his office (to) make sure he was aware of their ire. “Seabaugh told John White that he did not want his name associated with the solution,” the source said. “White made it clear to his staff that they should not use the term ‘Seabaugh Solution’ anymore.”

The document said many fixes were tried, “but none of them captured all the three South Highlands teachers. “For one teacher, one of her students who was in Mastery in third grade was now in Approaching Basic in her fourth grade class.”

Baton Rouge Advocate reporter Will Sentell apparently heard rumors of the attempt and requested an interview with White, according to the letter to LouisianaVoice. This created the problem for White of how to provide the report to Sentell without it being seen as coming directly from DOE.

“A meeting was held in which (DOE general counsel) Joan Hunt was present,” the document said. “Others at the meeting had copies of the report…and it was obvious to those who read (it) that these three teachers are ineffective teachers.” Those in the meeting “agreed unanimously that these teachers were ineffective but (they) could not come out and say it openly (because of Seabaugh’s involvement in the attempts to adjust their evaluations). Hunt said that her child is gifted and she would not want her child to be in that school with those teachers,” the source said.

As a solution, it was decided to use an intermediary to provide Sentell with the requested report. The intermediary was instructed to say she had obtained the information through a data request from DOE—apparently so that it could not be traced directly back to White. During the interview, White even asked Sentell where he got the report, the document said.

During the course of his interview with Sentell, White confided “in an off-the-record remark” that the three teachers were ineffective and that Seabaugh was “pushing hard” to fix it.

“At the start of the new year (supposedly January 2013), the focus was on finding a fix for these teachers because White had gone around saying that there would be a fix for teachers instructing high achieving students,” the source said. “Several of the fixes (attempted) could not be used because (they) would not cover all three teachers. This indicates how bad those teachers really are.”

“Other fixes were discarded because Hannah Dietsch (Assistant Superintendent overseeing teacher evaluations at $130,000 per year) was afraid they would have ‘messaging’ problems,” the document said, adding that the criteria for the fixes were:

• It had to capture all three teachers;

• It had to be done at the ‘back end’ of the model (in the calculations);

• It had to be simple to message.

The original model has a ceiling built into it that prevents students from being predicted to achieve a score that is higher than the test itself. The highest a student can score in the LEAP/iLEAP is 500. The ceiling is different for each content area. It may be around 485 for English Language Arts (ELA). That would give a teacher a plus-15 for every student who scores a perfect score of 500 on the test.

When coming up with the numerous fixes, the letter said it was suggested to White that if a student scored 485, that teacher would automatically get a plus-15 instead of a zero. If a student scored 490, that teacher would automatically get a plus-15 for that student instead of a plus-10.

“White did not like that suggestion and ‘chewed off the ass’ of the person who suggested it,” the source said. That was the part in the (recording) where one employee whispered to another about a suggested fix that White did not like—but later agreed to in his telephone conversation with Seabaugh.

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“…The Department is not in possession of any public record(s) responsive to the above-written request.”

—Letter from the Louisiana Department of Education (LDOE) to LouisianaVoice in which LDOE denies that it has any records showing that Superintendent of Education John White actually cancelled an agreement with inBloom to “park” sensitive personal student information in a data bank controlled by NewsCorp. CEO Rupert Murdoch. White announced on April 19 that he had rescinded the agreement between LDOE and inBloom.

LouisianaVoice made the request for the records on April 22 but did not receive a response until Thursday, May 9.

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