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The late comedian Brother Dave Gardner once said, “I believe if a man’s down, kick him. If he survives it, he has a chance to rise above it.”

As a loyal follower of Brother Dave since the days of my long gone wasted youth of so many years ago, it is not mine to question. I was, after all, brought up in the Baptist Church (but switched to Methodist when I married) where I was taught that faith surpasses all understanding—or something like that.

So even though my thought processes tell me it’s wrong to kick anyone, especially when he’s down, my heart must follow the teachings of the one who said he was a preacher (but he preached “for it,” whatever “it” was). To do otherwise would be blasphemy.

So here goes: It looks as though Superintendent of Education John White may have lied again (insert collective audible gasp from readers).

White, named last December by the Education Clearinghouse web blog as the worst education superintendent in the country http://educationclearinghouse.wordpress.com/2012/12/08/louisianas-john-white-the-worst-superintendent-in-the-country/, announced on April 19 that he was withdrawing student information from a non-profit database run by NewsCorp. Owner Rupert Murdoch and linked to the Bill and Melinda Gates Foundation.

Or did he?

He made the announcement only days after talking up the arrangement to the Board of Elementary and Secondary Education (BESE), which had been unaware of his agreement to “park” student data in the inBloom “garage.”

LouisianaVoice first broke the story last February that White had entered into an agreement with inBloom to provide sensitive personal data on hundreds of thousands of Louisiana school children—with no guarantee from inBloom that the data would not be susceptible to intrusion or hacking.

The inBloom contract with Gates also would have allowed for the unrestricted subcontracting of duties and obligations covered under the agreement.

Murdoch said in 2010, “When it comes to K through 12 education, we see a $500 billion sector in the U.S.” http://www.inthepublicinterest.org/blog/jeb-bushs-education-nonprofit-really-about-corporate-profits?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+itpi-blog+%28ITPI+Commentary+Feed%29.

White met in September 2011 with Peter Gorman, senior vice president of Wireless Generation, the newly-formed education division of NewsCorp. It was in an exchange of emails with Gorman that White told Gorman, “Dude, you are my recharger.”

In a January email to White, Louisiana Department of Education (LDOE) executive assistant Vicky Thomas informed White that the department was participating in the data storage agreement with inBloom.

When news of the agreement between DOE and inBloom first became public, many parents protested to DOE about the furnishing of student data to the Murdoch company. NewsCorp had been involved in a major computer hacking scandal in Europe only months before and parents were wary of allowing the release of sensitive data to his company—or anyone else.

When White made the announcement on April 19 that he was rescinding the agreement, inBloom immediately tweeted, “Louisiana still part of inBloom community. Many inaccuracies in coverage.”

LouisianaVoice made a public records request three days later on April 22, for “the official letter or email that you sent to inBloom to cancel the data storage agreement as per the lead paragraph…from the Monroe News Star.”

White, openly flaunting the state’s public records law, ignored the request until LouisianaVoice filed a lawsuit seeking that and other records requested of the department. On Thursday, May 9, only days away from next Monday’s court hearing on LouisianaVoice’s lawsuit, DOE forwarded the last of a flurry of responses to various records requests.

Those responses obviously will be used as a defense that the department did, in fact, respond to all our records requests. Overlooked, apparently, is a provision in state law that says records must be produced immediately, not several months down the road and done so only to head off pending litigation.

Thursday’s response from DOE attorney Troy Humphrey said:

“Our public information office has requested that I inform you that the Department is not in possession of any public record(s) responsive to the above-written request.”

Wait. What?

If you have an agreement with an entity to provide personal data on hundreds of thousands of students, wouldn’t it be fair to assume there would be a contract or at least a memorandum of understanding setting out the terms and conditions of the agreement?

And if there is a contract and/or a memorandum of understanding, wouldn’t it also be fair to assume that if that agreement were cancelled by either party, there would be a letter or at least an email to that effect? A paper trail, as it were?

Is White so naïve that he can enter into and exit from an agreement as momentous as this without some official documentation?

He previously had either neglected or refused to provide copies of a memorandum of understanding with inBloom and now he’s trying to tell us that there is no written record of his withdrawing from the agreement?

Wow. Talk about a leap of faith.

Perhaps Rep. Alan Seabaugh needs to give him a call to jog his memory.

Or better yet, maybe Peter Gorman should check in. He was, after all, White’s “recharger.”

If and when Gov. Bobby Jindal or BESE President Chas Roemer gives White a “vote of confidence,” you’ll know he’s toast.

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“I think we can get it past BESE (the Board of Elementary and Secondary Education). I may ask your help on that but I think we can get it past BESE.”

“The assumption on the board (BESE) is that I’m just doing the governor’s bidding on some favor that he’s cashing in on.”

“I didn’t want to open the formula up to such scrutiny…”

“I can get it corrected. I want to make sure it’s possible without publicly (unintelligible).”

—Comments made by Superintendent of Education John White in a 14-minute telephone conversation with State Rep. Alan Seabaugh (R-Shreveport). White, in the course of that conversation, acquiesced to Seabaugh’s wishes that the Department of Education’s (DOE) Value Added Model (VAM) for teacher evaluation should be “tweaked” after White admitted that he “should have given the (VAM) procedure more thought.”

“I want minimal impact and an ability to bury it…”

—White, giving instructions to begin the “tweaking” process to a DOE employee immediately following the phone call with Seabaugh.

“I suggested (to White) that we tweak this model and it doesn’t have to be policy and he chewed my ass out.”

—The employee, to a co-worker following the telephone conversation between White and Seabaugh.

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A 14-minute telephone conversation that was recorded by an employee of the Louisiana Department of Education (DOE) has revealed a plan hatched between State Superintendent John White and State Rep. Alan Seabaugh (R-Shreveport) to “tweak” DOE’s Value Added Model (VAM) teacher evaluation plan in a way to keep changes from being public or necessitating policy change with the Board of Elementary and Secondary Education (BESE).

The date of the recorded conversation is unclear but a flurry of emails within DOE in mid-October of 2012 and again in mid-March of this year centered around changes to the VAM plan so the telephone conversation most probably took place a few days prior to the October interoffice communications.

After White agreed to make changes in the VAM—also known at the DOE as Compass—as suggested by Seabaugh, the employee who recorded the conversation over a speaker phone was heard to whisper to a co-worker that White “chewed my ass out” after she had earlier made similar suggestions to tweak VAM.

White is heard opening the dialog by telling Seabaugh, “I truly made a mistake in the way I communicated it. I owe you an apology.” It was unclear what White has communicated to Seabaugh that warranted an apology.

Seabaugh is heard telling White that Brigitte Nieland a vice president of the Louisiana Association of Business and Industry (LABI) sent Seabaugh a lengthy email “telling me how horrible I was because of this whole thing of exempting some teachers and not others.”

Nieland is vice president of Workforce Development and Research for LABI as well as director of the Education and Workforce Development Council.

He told White that LABI had been prepared to go to the Board of Elementary and Secondary Education (BESE) and campaign against the proposal. “I don’t love LABI,” he said. “They endorsed my opponent the first two times I ran so I will never change a position I have because LABI is on the other side. But in this particular case I don’t think it’s necessary to fight.”

Seabaugh’s complaint was apparently that if a student’s score dropped from, say a target score of 430 to 420, he should not be given a score of minus 10 but simply a zero so long as his newer score kept him in either Advanced or Mastery classification. That way, said Seabaugh, “It won’t count against the teacher if he went back a little.”

Seabaugh said he was not trying to exempt anyone from the VAM evaluation, “just tweaking the way you calculate the numbers. Why not, if you stay within the top two categories, you just get a zero. You’re not doing away with the system…and you’re not exempting anyone or creating some kind of other category.”

At one point White suggested creating a policy that keeps data but does not always use the data in the evaluation.

“I don’t believe you can get it past BESE, so why not write it in such a way as we can get it passed?” Seabaugh responded.

“I’m going to feel out the board on that,” White said. “I think we can get it past BESE. I may ask your help on that but I think we can get it past BESE.”

Further into the conversation, White expressed exasperation at being a go-between. “There’s a disconnect,” he said. “To be honest, I’m a messenger between you, Chas (BESE President Chas Roemer) and the board. All the while, the governor’s office is saying, ‘Trust me, trust me, trust me. You gotta do this, you gotta do this, you gotta do this.’ And I get it. But people have a helluva lot harder time believing me that there’s a real issue than they do out of the governor’s office of from you. I’m a little concerned about playing ping pong. The assumption on the board (BESE) is that I’m just doing the governor’s bidding on some favor that he’s cashing in on. I don’t want to be crass about it; I’ll stand up for it and I have. But I think it might take a little bit more than me to try and convince them it’s the right policy because they’re being hit on the other side pretty hard.”

Seabaugh brought the conversation back to tweaking the VAM so as not to penalize teachers for student’s shortcomings. “If you fall but stay within your category, call it a zero. But if you improve, count it as a plus—give teachers credit for success but not giving negative marks for failures.”

“If we did it within the formula, we could establish some type criteria within a reasonable number,” White replied.

“Tweaking the formula was my initial suggestion,” Seabaugh agreed, “not addressing it legislatively.”

“I didn’t want to open the formula up to such scrutiny (unintelligible),” White said.

“I don’t care how you fix it,” Seabaugh said, adding that teachers had been calling his office and sending him emails and that they were “absolutely livid.”

“I wish I had given the procedure more thought,” White said. “I can get it corrected. I want to make sure it’s possible without publicly (unintelligible). I’ll take the consequences. If there’s any cover I can get you with the teachers, I’m happy to do it. This strikes me as a way out of all these boxes without (unintelligible).”

“That sounds like a good solution,” Seabaugh said as the two ended their conversation.

The recorder was left on after the conversation ended and the staff member, a female employee who White had on a third line to answer questions whispered to a co-worker, “I suggested that we tweak this model and it doesn’t have to be policy and he (White) chewed my ass out. Are you freaking kidding me?”

The conversation between the two staffers was interrupted when White called. “I think he has created an out for us that I’d not totally focused on before,” he told the employee. “I hate to do it, but I need all hands on deck on this. I want minimal impact and an ability to bury it without…yeah, that’s the way to do it.”

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“The Scholarship Program will continue…and we will work with the Legislature to find another funding source to keep parents and kids in these schools.”

—State Superintendent of Education John White, in a prepared statement in response to the Louisiana Supreme Court’s 6-1 decision that using funds from the Minimum Foundation Program to fund vouchers for private and virtual schools is unconstitutional.

“Diverting dollars from our already struggling school districts to private school vouchers for a select few students is wrong.”

—State Sen. Karen Carter Peterson (D-New Orleans), state chairperson of the Louisiana Democratic Party, commenting on the State Supreme Court’s decision that taking MFP funds to finance vouchers is unconstitutional.

“This decision was not only predictable, but it was predicted. The governor appeared to have complete disdain for the law while he was chasing a vice presidential nomination.”

—State Rep. John Bel Edwards (D-Amite), commenting on Tuesday’s Supreme Court decision on voucher financing.

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Tuesday’s ruling by the Louisiana Supreme Court that taking money from the state’s Minimum Foundation Program (MFP) is unconstitutional has thrown a monkey wrench into the plans by the Jindal administration to suck state funding from local school districts to pay for vouchers for private and virtual schools.

The ruling, by a convincing 6-1 majority, also may send more than 40 course providers in the proposed Course Choice program scurrying to find new ways to attract students (read dollars) now that the carrot of free admission may have been removed.

Anyone who still believes that the Louisiana Department of Education’s (DOE) Course Choice program is about educating Louisiana’s school children, and not about the money might wish to take a look at three advertisements currently running on Craigslist.

Actually, only one ad is necessary because the three are identical except for the locations of employment—Central Louisiana, Baton Rouge and Lafayette.

Despite a state district court ruling that found the funding method for Course Choice unconstitutional, Gov. Bobby Jindal and Superintendent of Education John White plunged ahead by allowing more than 40 course choice providers to begin marketing campaigns to attract students.

Forty-two course providers were approved to offer some 1500 online, blended and face-to-face courses through the Course Choice program. Providers included K-12, Inc., Florida Virtual School, Sylvan, five public school districts and every public college and university in Louisiana.

That shouldn’t be too difficult considering there is no cost to the student and students get a free iPad, provided White and Jindal can devise some plan to get past that pesky court ruling last Nov. 30 that said Minimum Foundation Program funds could not be taken from local school districts to finance state-approved vouchers.

An online blurb by Evergreen Education Group of Durango, Colo., a private consulting firm, says that as of March 2013, eligible Louisiana students “now have the opportunity to select their own online and face-to-face courses from a wide range of private providers through the Course Choice program.”

“Act 2 (of the 2012 Legislature) presents a shift in direction for virtual schooling in Louisiana, whose Department of Education has offered supplemental online courses through its Louisiana Virtual School (LVS),” the Evergreen posting says.

Another approved provider is SmartStart Virtual Academy (SVA), a division of SmartStart Education of Raleigh, N.C., the organization that placed the Craigslist ads for sales reps for its course choice curriculum.

That’s right; sales reps, not teachers.

You won’t find the word “teachers” anywhere in the ad and the only reference to education is the line that reads: “Help change the landscape of public education in Louisiana.”

Change the landscape. Nothing about improving education. That wasn’t even an afterthought. It’s all about the money.

“…SVA has been authorized to offer FREE (emphasis theirs) courses to high school students in the state of Louisiana for graduation credit.

“SmartStart Virtual Academy is hiring outside sales representatives to sell these FREE courses to high school students and their parents,” it says.

So, how do you sell something that’s free and how does SVA profit from something that’s free?

Because (drum roll, please)…it’s not free. You, the taxpayers of Louisiana were in line to pay for the courses. Local school boards were in line to take a financial hit of $1200 per student that was to have been taken from the local MFP allocation. That’s your tax money, folks.

It was to be a win-win situation, of course, for all those course choice providers because they were to get one-half their tuition up front, no matter whether the student finished or not (and most do not). The remaining 50 percent would be paid upon the student’s successful completion of the course.

And the determination of “successful completion” would have been left entirely to the discretion of the providers, who are not required to keep attendance records.

Until Tuesday’s Supreme Court ruling, that is.

“A motivated candidate (sales rep) could easily make $75,000 (or more) within the next six months,” the pie-in-the-sky ad says. “This is not an exaggeration, but rather a realistic target for the right candidate.”

The “right candidates” must have a tablet (iPad, Kindle Fire, etc.) with a data plan (which would be reimbursed after sales quotas are met).

The “right candidates” must be 18 years of age or older and must have reliable transportation so that they might be able to go door-to-door in high-poverty areas and sell parents on the concept of free courses, free internet, and a free iPad for their children.

And, oh yes, the “right candidates” must be able to pass a background check (no felonies within the past seven years). Felony convictions of eight or more years before apparently will be disregarded when hiring such highly skilled professionals.

But now, with Tuesday’s State Supreme Court ruling, Jindal, White, et al, are going to have to find another way to fund these vouchers for virtual schools, etc.

And it’s going to be interesting to see how many “course providers” become “ex-course providers” when they cut and run after seeing the Golden Goose slain by the state high court.

White, ever the loyal Broad Academy and Teach for America alumnus, kept a stiff upper lip in the wake of the ruling which in reality is a devastating setback for the administration.

“On the most important aspect of the law, the Supreme Court ruled in favor of families,” he said in a prepared statement. “The Scholarship Program will continue, and thousands of Louisiana families will continue to have the final say in where to send their children to school.”

“Nearly 93 percent of Scholarship families report that they love their school.”

We can only hope that 93 percent is not representative of the supporters who turned out at one recent rally in support of vouchers. One of the supporters who identified herself as the mother of a voucher student and who was holding a sign of support for the vouchers was in reality a DOE student worker recruited for the purpose of drumming up support for the department.

Yes, Mr. White, the voucher program may well continue. The Supreme Court, after all, did not address the constitutionality of vouchers. That was never the issue; robbing local school districts to pay for the vouchers was the only issue in question and the Supreme Court certainly made its position clear on that.

“We will work with the legislature to find another funding source to keep parents and kids in these schools.”

“Work with the legislature?”

Right now, the legislature does not appear to be in the mood to work with the administration. As one legislator said to Department of Revenue executive counsel Tim Barfield when he complained on Monday that lawmakers left the administration “out of the loop” after coming up with its own tax reform package: “Now you know how we’ve been feeling.”

“Another funding source?”

We know you’re from New York, Mr. White, so we’ll assume that you may not know that down here in the Deep South, we refer to such pseudo-bravado as whistling past the graveyard.

Oh, and by the way, don’t bother trying to blow smoke up our togas. We still remember the brash statements of this administration after the state district court ruling of last November: “A wrong-headed decision.” “We will prevail on appeal.”

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