Posted in Charters, Education, Governor's Office, House, Senate, Legislature, Legislators, Notable Quotables, Retirement on July 4, 2011| 2 Comments »
“Unabashed power trip without a road map. Where he’ll throw us off the bus, no one knows.”
—State Sen. D.A. “Butch” Gautreaux, on Gov. Bobby Jindal’s veto that protects charter schools that leave the Teachers Retirement System of Louisiana from being required to repay the state for their pro rata shares.
Posted in BESE, Charters, Education, Ethics, Transparency, Uncategorized, Vouchers on April 17, 2011| 6 Comments »
Chas Roemer could be in violation of state ethics laws governing conflicts of interest every time he votes on any matter coming before the Board of Elementary and Secondary Education (BESE) pertaining to any of the state’s charter schools.
Roemer, the son of former Gov. Buddy Roemer, represents BESE District 8 which includes all or parts of the parishes of Avoyelles, Evangeline, Lafayette, St. Landry, Pointe Coupee, East and West Feliciana, East and West Baton Rouge, Iberville, Ascension, St. James, and St. John the Baptist parishes.
He is the former co-chair of the School Innovation & Turnaround Committee which addresses charter school performance and oversight and which also manages the Recovery School District (RSD) in New Orleans.
Louisiana’s Charter School Law was enacted as Act 192 of 1995 as a pilot program to allow up to eight school districts to participate on a voluntary basis. The law was expanded in 1997 by Act 477 to establish BESE and local school board as charter authorizers. Act 477 defined four types of charter schools: Type 1, a charter with local school boards (new start-up); Type 2, charter with BESE (new start-up or conversion:; Type 3, charter with local school board (conversion); Type 4, school board charter with BESE (new start-up or conversion), and Type 5, charter with BESE (pre-existing public school under the jurisdiction of RSD).
In 2003, ACT 9 created a new type of charter for the operation of pre-existing schools that were transferred to the jurisdiction of RSD.
RSD was charged to take underperforming schools and transform them into charter schools. Since Hurricane Katrina in 2005, the number of public schools in New Orleans has dropped from 123 to four while the number of charter schools has ballooned from seven to 31.
Charter schools operate as independent public schools under five-year contracts granted by BESE or a local school board.
Caroline Roemer Shirley, Chas Roemer’s sister is executive director of the Louisiana Association of Public Charter Schools and therein lies the potential for a conflict of interest and possible ethics violations.
Almost a year ago, on April 21, 2010, the Louisiana Board of Ethics issued an opinion at the request of attorney Richard Easterling of the law firm Adams and Reese of Baton Rouge that said Shirley was prohibited from appearing before BESE and from representing the associations in matters before BESE.
A partial text of the opinion reads as follows:
The Louisiana Board of Ethics, at its April 16, 2010 meeting, considered your request concerning Caroline Roemer Shirley’s employment with the Louisiana Charter School Association while her brother Charles Roemer, IV serves as an elected member of the Louisiana Board of Elementary and Secondary Education (BESE). Caroline Roemer Shirley is the Executive Director of the Association.
In 2000, the board concluded that Section 1113A of the code would prohibit Ms. Shirley from discussing with individual members of BESE matters or positions of the Association and that the Code would prohibit Ms. Shirley from interacting with the staff of the Department of Education on matters that are under the jurisdiction of BESE.
With respect to the following specific questions raised, the Board concluded and instructed me to inform you of the following:
• If the Association and the Louisiana State Director of Charter Schools partner to host a meeting pertaining to the future of the Recovery School District, may the director and Ms. Shirley speak to one another to discuss the date, time, location, invitees, agenda, etc. for this event? May Ms. Shirley speak at such a meeting?
The Code prohibits Ms. Shirley from 1) appearing before BESE; 2) representing the Association in matters before BESE; 3) discussing with individual members of BESE matters or positions of the Association, and; 4) from interacting with the staff of the Department of Education on matters that are under the jurisdiction of BESE. However, Ms. Shirley is not prohibited from discussing with individual members of BESE or the staff of the Department of Education issues that do not involve matters or positions of the Association on matters that are under the jurisdiction of BESE such as those items involving the incidentals of a planned event.
• When legislation is pending that will have an impact on charter schools, may Ms. Shirley bring charter school leaders together for discussions with BESE and/or the Louisiana Department of Education (LDE) on these matters?
Ms. Shirley is not prohibited from contacting charter school leaders for discussions with BESE and/or LDE on pending legislation. However, she is prohibited from discussing with individual members of BESE matters or positions of the Association involving the proposed legislation and from interacting with the staff of the Department of Education on issues involving legislation on matters that are under the jurisdiction of BESE.
• May Ms. Shirley be a member of and participate in a Charter Advisory Board created to work with and provide the Superintendent of Education, the Louisiana Recovery School District Superintendent and/or the Louisiana State Director of Charter Schools information on matters involving charter schools? This Advisory Board would be a volunteer group of charter leaders representing all five types of charter schools that would meet every other month.
Ms. Shirley is not prohibited from being a member of a Charter Advisory Board created to work with and provide the Superintendent of Education, the RSD Superintendent and/or the Louisiana State Director of Charter Schools information on matters involving charter schools. However, she is prohibited from discussing with individual members of BESE matters or positions of the Association involving those matters and from interacting with the staff of the Department of Education on issues involving matters that are under the jurisdiction of BESE.
• As Executive Director, may Ms. Shirley organize and participate in charter school meetings, bringing together the principals and board members of the charter schools to hear from the Superintendent of Education, the Louisiana Recovery School District Superintendent and the Louisiana State Director of Charter Schools? Such meetings would serve as a means for the charter schools to be both better informed about policies and regulations, as well as having the opportunity to discuss other related issues.
Ms. Shirley is not prohibited from organizing and participating in charter school meetings as long as she does not discuss with individual members of BESE matters or positions of the Association and does not interact with the staff of the Department of Education on matters that are under the jurisdiction of BESE.
• If Ms. Shirley is invited by the LDE, BESE or the RSD to attend workshops, meetings, discussions, etc. that pertain to charter schools, may she attend and participate in these meetings, such as a meeting with the RSD hosted for principals and board members of the charter schools and the staff from BESE to discuss Bulletins that outline policies regulating charter schools.
Ms. Shirley is not prohibited from attending workshops, meetings, discussions, etc. that pertain to charter schools. However, she is prohibited from participating in the discussion and her participation in those events are restricted by the Board’s conclusions in BD 2008-122 prohibiting her from 1) appearing before BESE 2) representing the Association in matters before BESE 3) discussing with individual members of BESE matters or positions of the Association, and 4) from interacting with the staff of the Department of Education on matters that are under the jurisdiction of BESE.
• As one of the leading advocates for charter schools in the state, Ms. Shirley is often called by the Superintendent of Education, the Louisiana Recovery School District Superintendent, BESE members, BESE staff, and LDE staff to provide information about charter schools, contact information for national charter leaders, best practices of other states, etc. May she respond to these requests?
Ms. Shirley is prohibited from discussing with individual members of BESE matters or positions of the Association and from interacting with the staff of the Department of Education on matters that are under the jurisdiction of BESE. It is the conclusion of the Board that Ms. Shirley is prohibited from handling these type of requests for information.
While that opinion addressed only Caroline Shirley’s interaction with BESE members, there have been numerous opinions by the Ethics Board that cite Section 1112B(1) which specifically addresses the participation of a public service or elected official in a vote on any matter “in which a member of his immediate family has a substantial economic interest. Section 1120 of the code provides that an elected official shall recuse himself when the vote would be a violation of Section 112 of the code.
A review of minutes of BESE meetings over the past year reveal that Chas Roemer consistently made motions on agenda items dealing with charter schools and then voted on each one.
In December of 2010 alone, he made motions to approve charter school contracts of $50,000 and under, made motions to approve Crescent City School, the NET Charter High School, the Collegiate Academy Charter School, the Sarah T. Reed Charter Middle School, the ReNEW K-8 Charter School, the ReNEW Alternative High School, and in one case, made the motion to deny an application to commence operation of Joseph A. Craig charter school in New Orleans.
Posted in Campaign Contributions, Charters, Contract, Contracts, Economy, Exemptions, Incentives, Governor's Office, Higher Education, House, Senate, Layoffs, Legislature, Legislators, Privatization, Supriya Jinda Foundation, Taxes on April 1, 2011| 10 Comments »
Gov. Bobby Jindal has outlined an ambitious program for his second term of office, including the privatization of the Louisiana Legislature, state colleges and universities, the sale of all state roads and highways and bridges to private concerns, and rapid expansion of the state’s charter school system, all to be controlled by private entities.
His plans for the state, which he calls the “Piyush Push,” were revealed by WikiLeaks which published a series of emails between Jindal and corporate campaign supporters who have contributed millions of dollars to Jindal’s wife’s charity, the Supriya Jindal Foundation for Louisiana’s Children. Upon learning of the WikiLeaks report, the governor called a press conference to explain his programs.
The privatization plan calls for the takeover of the Louisiana Legislature by a corporate board made up of the CEOs of Louisiana’s larger corporations and Wall Street bankers, including AT&T and Goldman Sachs.
The operating boards of state colleges and universities would be merged into a single governing board with board members serving at Jindal’s pleasure. An obscure clause in his plan would allow him to retain control of appointments even after he leaves office. The so-called super board would be comprised of major contributors who would purchase stock shares in the universities. Board members would be allowed to send their elementary- and high school-age children and grandchildren to state charter schools.
“We are not going to raise taxes on the people of Louisiana,” Jindal said at the hastily called press conference attended only by reporters from the Baton Rouge Business Report. “We are going to run these universities like a business. Tuition will be adjusted to a level comparable to that of our nation’s finest institutions, the Ivy League schools, of which I am an alumnus. The board members will not draw per diem or salaries for their services but we anticipate they will profit from their sacrifice and hard work through stock ownership and lucrative stock options in the universities,” the governor said.
“Again, I want to reiterate that we are not going to increase taxes but the new owners of state roads, highways, and bridges will certainly be free to charge a modest usage fee for travel on their byways and bridges,” Jindal said. “People who drive cars should understand that use of roads and bridges is a privilege, not a right and that a usage fee is not the same as a tax; it’s a fee. We believe that these usage fees will offset the need for any increase in gasoline taxes.”
As for the future of the legislature, Jindal said it will be downsized from the current membership of 144 to 12 white males who will inherit all current campaign contributions remaining and accruing to the 144 outgoing legislators. The only way an African-American would be appointed would be in the event of a class action lawsuit by representatives of minority groups. “It almost worked with the Board of Regents,” the governor said in defending his legislative plan.
A few legislators voiced reservations with the manner in which Jindal is moving to privatize their institution, but after having gone along with the governor in other privatization endeavors, most indicated they would not resist the new austerity moves by the governor. Nor was there any immediate indication that legislators would attempt to invoke the separation of powers doctrine under which the legislature has heretofore been largely independent of the governor’s office.
Sen. Carl Spackler of Bushwood, however, was one who vowed he will not vote in favor of privatization of the legislature. “I believe the legislative branch of government is protected in the Constitution somewhere and I’m going to read up on that,” Spackler said. “If I’m correct, I’m not going to sit still for him putting me out of a job. Who does Jindal think we are, state employees? I worked hard for my GED.”
But Jindal was emphatic about pushing for complete passage of his austerity package, saying there would be no compromise. “I want to emphasize that these moves are in keeping with my ‘more is less’ philosophy for all government,” he said. “For those who may question these actions, I would say to them, ‘Quit whining and work smarter.”
Neither is Jindal considering an increase in tobacco taxes. “Smoking is a private decision, an individual right, and smokers should not be penalized for exercising that right,” he said. “We are, however, imposing a significant surcharge for abortions to encourage the notion that life is sacred and women should not make such decisions too lightly. Again, I want to emphasize this is not a tax.”
He said he is also planning to sharply reduce the number of state employees. One example of his layoff plan would require every Louisiana citizen who is unwilling or unable to complete the process on-line to appear at a central location in Baton Rouge, Shreveport, Monroe, New Orleans, Alexandria, Lafayette, or Lake Charles for driver’s license applications and license renewals. “I don’t see why we can’t get by in each office with one or two persons,” he said. “How difficult can it be to issue a driver’s license?”
He also announced plans to double the size and the salaries of the state’s Homeland Security Office while at the same time saying he would cut staff at state hospitals to a single physician and nurse per specialty at each facility. “I believe with fewer doctors, people will find a way to stay healthier,” Jindal said.
“Again, I want to say we are not going to raise taxes,” he said. “That is not an option. We are, however, going to raise the annual deductible on medical care to $12,500 per year, increase co-payments to $50, and at the same time, we’re asking state workers to kick in another 75 percent on employee premiums on health care coverage and retirement benefits.”
Jindal used the press conference to take yet another swipe at big government in general and President Obama in particular. “The bloated federal government should take a look at Louisiana and say, “That’s how things should be done,” he said. “We’re proving in our open and transparent administration that our ethics are above reproach and we’re wiping out our deficit with good, open and honest government,” he said as the CEOs of AT&T, Northrop Grumman, Worley Catastrophe Response, and Blue Cross/Blue Shield stood behind him.
“I would once again call upon the Obama administration to repeal its drilling moratorium in the Gulf of Mexico so that our oil companies can make a decent living,” Jindal said.
Jindal said he would sell all public schools to private entities so that they could be converted to charter schools. He said the move would be a model of efficiency for the rest of the nation. “I believe the 25 percent loss in Detroit’s population over the past decade, for example, could be reversed simply by converting to my proposed system for Louisiana schools,” he said.
“I fully anticipate there will be a bidding war for acquisition of schools as public finance will guarantee a solid return for investors,” Jindal said. “Of course my administration will invest the funds derived from the sale so that cash flow will support scholarships to the schools or such other General Fund needs as might arise in the budget balancing process.”
He said those children unable to take advantage of the improved educational opportunities will be housed in dormitories near the Nucor Steel Mill in St. James Parish, the Tournament Players Club golf course in Jefferson Parish, and the Foster Farms chicken processing plant in Union Parish. “There, they will be given hands-on training to meet the plants’ needs,” he said. “If all else fails, they would certainly be qualified to become slag haulers, caddies at state-run golf clubs, or chicken pluckers.”
To insure that the schools will succeed and will demonstrate high test scores, students will be carefully pre-screened before being accepted for enrollment, Jindal said. The schools will be run by boards comprised of members selected by the owners. Owners and board members, along with the college and university Super Board members, will be given first choice of the available seats in the school for their children, as will those of select employees.
“I am fully aware that all this will require Constitutional amendments but I fully expect the voters of Louisiana to continue to support our programs. But just in case, beginning here and now, I am stepping up my schedule of visiting churches to garner popular support for my proposals. Beginning Sunday and continuing through Election Day, I will be visiting churches all over north Louisiana. My agenda will consist of three things: Sunday morning and Sunday evening services as well as Wednesday night prayer meetings.”
And that’s the way it is on Friday, April 1, 2011.
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