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“…My purpose is to dismantle the dismantlers. As such, my words are not kind. My words expose, and that exposure is harsh. The individuals and organizations profiled in this book have declared war on my profession, and I take that personally.”

 

—Mercedes Schneider, writing in the introduction to her book A Chronicle of Echoes: Who’s Who in the Implosion of American Public Education.

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A Chronicle of Echoes: Who’s Who in the Implosion of America’s Public Education (Information Age Publishing, 404 pages) is a new book by St. Tammany Parish high school English teacher Mercedes Schneider that should be required reading by both proponents and opponents of the current drift in education from public to private, from non-profit availability to all students to for-profit institutions available to the select few.

Before we get too far into our review of this book, there are two things you should know about Mercedes Schneider:

  • The emphasis is on the first syllable of Mer’ Ce-deez; she’s not a car, nor was she named for one.
  • Don’t ever make the mistake of trying to schmooze her with B.S., especially when it comes to issues involving public education. She will call you out the same way she called out an ill-prepared Board of Elementary and Secondary Education President (BESE) Chas Roemer following his debate with Diane Ravitch in March of 2013. Ravitch had already run circles around Roemer in their debate and he was simply no match for Schneider in the question-and-answer session that followed. It would have been comical had it not been for the position of such serious responsibility conferred upon Roemer by voters in his BESE district.

And when she does call you out, that caustic and at the same time, delightful St. Bernard Parish accent comes shining through like a lighthouse beacon slicing through a foggy night.

The publisher of an education online blog called At the Chalk Fence, She has moved her debate from her ongoing fight with Gov. Bobby Jindal and Superintendent of Education John White to a national forum and is now calling out such self-proclaimed education experts as former New York City School Chancellor Joel Klein, whom she calls “the viral host of the corporate reform agenda,” Teach for America (TFA) founder Wendy Kopp, disgraced Washington, D.C. school chancellor and later founder of StudentsFirst Michelle Rhee, vagabond school reformer and former Superintendent of Louisiana’s Recovery School District (RSD) Paul Vallas, the American Legislative Exchange Council (ALEC) and the “Big Three Foundations: Gates, Walton and Broad.”

A thorn in the side of Jindal, White, and Roemer of long-standing, she turns her attention to the national educational debate in Chronicle. With an appropriate nod to Ravitch as her mentor and the one who was always available when needed for advice, Schneider peppers her targets with a barrage of statistics that refute the unrealistic theories advanced by the Waltons, Bill Gates, Eli Broad, and TFA who insist meaningful education reform can be accomplished with inexperienced teachers and administrators, for-profit charters, vouchers, and the idea that throwing money at a problem is not the answer (despite their propensity to pour billions of dollars into their own idealistic agendas—at best, a philosophical oxymoron).

A product of the St. Bernard Parish public schools (P.G.T. Beauregard High School), Schneider’s attempt to drop out of school at age 15 somehow morphed into a B.S. in secondary education (English and German), a master’s degree in guidance and counseling from the State University of West Georgia, and a Ph.D. from the University of Northern Colorado.

She taught graduate-level statistics and research courses at Ball State University. It was at Ball State that she first took on the task of challenging the issues related to No Child Left Behind, teaching students “how bad an idea it was to attempt to measure teacher performance using student standardized test scores.”

In July 2007, only months before the election of Jindal as governor, she returned home and began a new job teaching high school English in St. Tammany parish.

Her introduction contains a brilliant metaphor for the corporate destruction of public education: she describes what she calls a “detailed image” of an abandoned building being imploded and collapsing upon itself. She envisions the building (public education), “not ornate, not without need for repairs, but sturdy,” as men in yellow hard hats (corporate reformers, we are told) watch, knowing what is about to transpire “because they have orchestrated it from the inside.” She describes the men as “responsible for the impending structural failure” and “who have planned the failure but are removed from its consequences.”

In her blog, she recently launched a withering attack on White’s embargo of the LEAP summary public report, saying the state superintendent had “apparently found himself in an unfamiliar fix regarding his characteristic ‘water muddying.’” She accused White of “collapsing” categories within the LEAP grading system in order to conceal variation through report “groupings” that she said concealed the precision of the standard five levels of LEAP achievement (unsatisfactory, approaching basic, basic, mastery, and advanced).

“Collapsing ‘basic,’ ‘mastery,’ and ‘advanced’ into a single, generic ‘passed’ serves to conceal achievement nuances that might make Louisiana Miracle RSD appear to be ‘less than’ locally-run districts—the ones operated by those pesky, traditional local school boards,” she said.

“After all, a test-score-deficient ‘miracle’ is harder to sell,” she said. “If the data reflect poorly on privatization, then the troubled corporate reformer could alter the data, or alter the reporting, or alter access to the reporting, or employ some combination of the three. Gotta love corporate reform ‘transparency.’”

Jindal, White and Roemer may heave a collective sigh of relief that they have been spared the glare of the spotlight in Chronicle as she concentrates her argument on the glaring weaknesses of the major education reform movers and shakers at the national level.

But perhaps they should not be too comfortable at being spared just yet.

After all, certain matter, they say, flows downhill.

A Chronicle of Echoes is a must read for anyone who is or ever claimed to be concerned about the perpetual political tampering with public education in America—by those least qualified to do so.

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That citation of Dual Trucking Co. by the Montana Department of Environmental Equality for dumping oilfield radioactive waste from the nearby Bakken Oilfield, it turns out, is not the only problem State Rep. Gordon Dove (R-Houma) has experienced with environmental authorities, LouisianaVoice has learned.

Vacco Marine, Inc., a company owned by Dove, who chairs the House Committee on Natural Resources and Environment, has been the subject of several investigations, negative reports, citations, and compliance orders by and from the Louisiana Department of Environmental Quality (DEQ) over a period of several years, records show.

Last week, while presiding over a meeting of the Natural Resources Committee, he joined 12 other members in passing an amendment to SB 469 that made the prohibition against suing oil companies for damages to the state’s wetlands and marshes retroactive. The amended version of the bill has since been approved by both the full House and Senate and awaits the signature of Gov. Bobby Jindal.

Dove also serves as a member of the Louisiana Coastal Protection and Restoration Authority.

Following are a few of the issues in which Dove and his company, Vacco Marine, have been involved:

  • May 12, 1989: DEQ, Office of Water Resources, Water Pollution Control Division inspection found evidence that various substances, including diesel and sludge, were being buried and that the practice had been ongoing “for a while.”

 

  • April 28, 1994: Same office found “several areas of limestone and ground contaminated with oil” and that a ditch which drained into Bayou Grand Caillou was “contaminated with hydrocarbons.” Dove was ordered to remove contaminated sediment, remove all contaminated ground in proximity of spills and to prevent future spillage.

 

  • Sept. 12, 1996: Vacco Marine was issued a compliance order by DEQ’s Hazardous Waste Division after an inspection in December of 1995 resulted in three separate violations relating to solid waste.

 

  • Oct. 6, 2004: U.S. Environmental Protection Agency (EPA) issued a complaint and consent agreement pursuant to the EPA’s compliance evaluation inspection of Sept. 23, 2003. Vacco Marine paid $6,593 in civil penalties to EPA on Jan. 14, 2005, for unspecified violations. The agreement also noted that Vacco would be subject to further enforcement action and additional penalties of up to $32,500 per day for continued noncompliance. The agreement also stipulated that Vacco could be enjoined from further generation, transportation, storage of disposal of hazardous waste if violations persisted.

 

  • Feb. 24, 2010: A DEQ inspection found 10 separate violations including incorrect logging of mercury, cut electrical and air lines, failure to log wastes received at the facility, and a lack of a Stormwater Water Pollution Prevention plan, among others. The 177-page inspection report included numerous photographs of conditions at Vacco Marine. Those included photos of open ditches that contained effluent and which drained into the Houma Navigational Canal.

 

  • April 11, 2012: DEQ compliance order and notice of potential penalty issued on the basis of DEQ finding that Vacco Marine had failed to develop and implement a Storm Water Pollution Prevention Plan as ordered in 2010. The DEQ order further noted that Vacco Marine had neglected to comply with other requirements, including the filing of required reports and permit applications. Vacco Marine also was found in violation of the requirement to record flow from its facility and, in fact, the flow meter was inoperable. Even when in service, the flow meter was found to have been installed incorrectly so that it could not accurate record flow rates. Other violations noted included failure to submit a noncompliance report, exceeding effluent limitations, incorrect reporting of Butyl Benzyl Phthalate outfall.

 

Even though Dove’s company was ordered to come into compliance with DEQ regulations, no penalties were imposed on Vacco Marine.

Could this have been because of his powerful position as chairman of the House Natural Resources and Environment?

Could it be that he received special consideration because of his position as a legislator?

That, of course, is difficult to say. But it certainly should not be hard to see the potential danger of placing an individual as chairman of a legislative committee that oversees the very agency that regulates his business—especially when that individual has such a spotted record of compliance as Rep. Gordon Dove.

That makes about as much sense as allowing him to chair that same committee and allowing him to vote on SB 469 after he received nearly $29,000 in campaign contributions from the oil and gas industry.

It makes about as much sense as Gov. Jindal’s apparent belief that the state ethics laws are meant to apply to some but not others as he signed into law a bill to allow former State Sen. Francis Heitmeier to lobby the Legislature despite the fact that his brother, David Heitmeier, is currently a state senator—in open violation of the state ethics law that prohibits members of lawmakers’ families from lobbying the legislature.

It makes about as much sense as allowing the LSU Board of Stuporvisors to enter into a contract with a company run by an LSU Board member to operate two LSU hospitals in north Louisiana.

It makes about as much sense as allowing Board of Elementary and Secondary Education (BESE) President Chas Roemer to vote on charter school issues despite the fact that his sister is executive director of the Louisiana Association of Public Charter Schools.

It makes about as much sense as allowing BESE and the Louisiana Department of Education to enter into multi-million contracts with Teach For America (TFA) even as Kira Orange Jones sits as a member of BESE and serves as executive director of TFA Greater New Orleans-Louisiana Delta.

Where I grew up in north Louisiana, we called that letting the fox guard the henhouse.

In Baton Rouge, apparently it’s just called Jindaltics.

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Bobby Jindal the Petulant Paranoid has teagued yet another high-ranking state official, LouisianaVoice has learned.

This time the victim is said to have been only a few months from retirement.

The governor who publicly advocates openness, accountability and transparency everywhere in the U.S. except Louisiana, has shown on repeated occasions that he cannot stomach any difference of opinion among state employees at any level, classified or unclassified—or even from legislators.

His paranoia rose (or sank, depending upon one’s preferred descriptive verb) to a new level on Thursday, however, when he fired Gary Crockett, former administrator at Huey P. Long Medical Center in Pineville just two days after the House Health and Welfare Committee voted 10-8 to close the facility.

Crockett last year tried to keep administration-ordered layoffs at the hospital to a minimum but was forced to make deep cuts in personnel.

The irony of Jindal’s ongoing purge, aka dissident cleansing is that Crockett had already left his $144,650-a-year position at Huey P. Long because of his differences with the administration. He took a position at another state medical facility where he thought—incorrectly, it turns out—he could ride out the rest of his career..

Word out of the State Capitol is that Jindal felt that Crockett may have been providing information to legislators opposed to the closure of the hospital as part of Jindal’s flawed state hospital privatization plan that less than a week ago was shot down by the Centers for Medicare and Medicaid Services because of the creative but prohibited method of financing the privatization plans.

The federal action threw the state budget into chaos literally only days before the budget was to go to the House for debate on Thursday (today, May 8) because of a $400 million hole it blew in the state spending document.

Without going into specific names, suffice it to say that heads roll whenever a discouraging word is heard in Jindal’s presence and now the latest is what is becoming a very long line of teagueites, so named in honor of former Office of Group Benefits Director Tommy Teague, fired on April 15, 2011, and his wife Melody, fired about six months earlier as a grants reviewer but later reinstated.

One recent Teagueite, a friend of Crockett who must remain nameless, said of Jindal’s latest action, “There’s no other way to say it except to say the man is evil.”

Attempts by LouisianaVoice to reach Crockett Thursday for comment were unsuccessful.

 

 

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Looking back on the LSU Hospital privatization fiasco, it becomes easy to point the finger of blame in several directions.

And to a lesser extent, though by no means blameless, is the Louisiana Legislature.

The legislature has been complicit in many of Gov. Bobby Jindal’s other misadventures, most notably the unorthodox—and, it turned out, unconstitutional—method of funding the governor’s school voucher program. Lawmakers fell all over themselves in 2012 in approving that little scheme that eventually blew up in everyone’s faces when the courts rejected the manner in which Act 2 diverted money from local school districts to cover the cost of private or parochial school tuition.

In fact, Jindal’s entire education reform package, passed in such haste in 2012, quickly grew to more resemble a train wreck than legitimate reform.

But the legislature, even though it never drew a line in the dust even as it capitulated to Jindal at every turn, in the final analysis, had little say-so about nor any recourse in preventing the wholesale giveaway—disguised as privatization—of the six hospitals, a maneuver that imploded Friday with the decision by the Centers for Medicare and Medicaid Services to reject the deals that would have turned over to private operators the LSU medical centers in Shreveport, Monroe, Lafayette, Houma, Lake Charles and New Orleans.

Even as Jindal’s rubber stamp LSU Board of Stuporvisers was rubber-stamping a contract containing 50 blank pages in the infamous conflict-of-interest deal handing over University Medical Center of Shreveport and E.A. Conway Medical Center of Monroe to the Biomedical Research Foundation of Northwest Louisiana (BRF), legislators were voicing concerns over the warp speed at which the administration was moving to ram the agreement down the throats of an unsuspecting public.

In fact, a resolution passed unanimously in the Louisiana Senate at the urging of Sen. Ed Murray (D-New Orleans) called for the Joint Legislative Committee on the Budget to agree on the privatization plans before any details were to be finalized. A similar resolution was also passed in the House.

Resolutions are just that: resolutions, with no power of law. Jindal said—and an attorney general’s opinion supported the position—that legislative approval was not required in order for the LSU Board to agree to lease the hospitals. An attorney general’s opinion, like a legislative resolution, does not carry the weight of law, but does give the governor stronger footing.

Jindal, for his part, made it abundantly clear that he would move the privatization plan forward with or without legislative support. He said the legislature did not have the authority to vote down the proposals—in effect, saying his administration was ready to ram through the proposals without regard for even a pretense of democratic procedure.

Of course he did say that he would agree to take any advice from the legislative committees into consideration. “If they propose changes to the law, we’ll look at that legislation,” he said.

But we all know what happens to those who have the temerity to disagree with Jindal, don’t we? They’re summarily teagued, as in Tommy Teague, erstwhile Director of the Office of Group Benefits (OGB), who was shown the door on April 15, 2011, when he didn’t jump on board the OGB Privatization Express quickly enough. Six months before that, it was his wife Melody was fired from her state job after she testified before the Commission for Streamlining Government. More than a dozen met the same fate, including LSU President John Lombardi and at least four legislators who found themselves suddenly removed from their committee assignments for “wrong-headed” voting.

But easily the most significant, most ill-advised, most flagrant, most unwarranted demotions were those of two respected doctors who didn’t bite when Jindal dropped his privatization bait into the water—doctors any organization would be proud to have on staff (and now, two such organizations indeed have them after in sheer frustration, they finally left Louisiana).

LSU Health Care System head Dr. Fred Cerise and Interim Louisiana Public Hospital CEO Dr. Roxanne Townsend were demoted just days apart in 2012—Cerise in late August and Townsend in early September—following a July 17 meeting at which former Secretary of health and Hospitals (DHH) Alan Levine first pitched a plan to privatize the state’s system of LSU medical centers.

Levine was at the meeting on behalf of his firm, Health Management Associates (HMA).

Also present, besides Cerise, Townsend and Levine were then-LSU President William Jenkins, DHH then-Secretary Bruce Greenstein, LSU Medical Center Shreveport Director Dr. Robert Barish, HMA CFO Kerry Curry, LSU Health Science Center Shreveport Vice Chancellor Hugh Mighty and LSU Board of Supervisors members Rolfe McCollister, Bobby Yarborough, John George (remember that name) and Scott Ballard. LSU Health Science Center New Orleans Chancellor Larry Hollier and Vice Chancellor for Clinical Affairs at LSU Health Sciences Center New Orleans Frank Opelka participated by teleconference.

The meeting was held in the LSU president’s conference room.

Both Cerise and Townsend expressed reservations about Levine’s proposal but several members of the LSU Board of Supervisors who were present at the meeting “indicated they want LSU’s management to pursue this strategy,” according to a summary of the meeting prepared for Jenkins by Cerise.

Along with his two-page summation of the meeting, Cerise also submitted a third page containing a list of five concerns he had with the privatization plan pitched by Levine. It was that list of concerns which most likely got Cerise teagued as head of the LSU Health System via an email from Jenkins.

Levine, according to Cerise’s notes, recommended as an initial step that LSU sell its hospital in Shreveport (LSU Medical Center) and use the proceeds to “offset budget cuts for the rest of the LSU system.”

He suggested that the buyers would form a joint venture with LSU, invest capital into the facility and develop a strategy for LSU “to more aggressively compete in the hospital market.”

“The LSU board members present indicated they want LSU’s management to pursue this strategy,” Cerise’s notes said. “Greenstein stated that LSU should look to generate two years of funding to address the state funds shortfall in the system through the sale of Shreveport’s hospital.”

It was at that point that Cerise indicated his concern that such a strategy would take time to develop and that LSU would likely need to go through a competitive public procurement process and “likely legislative approvals.”

It was subsequently determined that legislative approval was not legally required; all that was required was for the legislature to be informed of the administration’s actions.

“There appeared to be agreement that LSU develop a plan that would not result in closure of hospitals,” Cerise’s notes said. “When the question was posed to the group, ‘Will LSU close hospitals,” George responded, ‘We hope not.’ The clear message was that the board members did not want LSU to proceed with any hospital closures at this point.”

Since that meeting, Earl K. Long Medical Center in Baton Rouge and W.O. Moss Medical Center in Lake Charles have each closed.

“I am asking that you share this memo or at least the substance of it with the full board to ensure they are informed and that their direction to us that we delay definitive budgetary action until the end of August to better assess the likelihood of a Shreveport sale with a statewide distribution of the proceeds is clear and unambiguous,” Cerise said in his memorandum to Jenkins.

At the conclusion of the meeting, Jenkins called for the creation of a task force to include then-Commissioner of Administration Paul Rainwater, Greenstein, George, Yarborough, McCollister, Ballard, Mighty, Barish, Hollier, Cerise and Townsend.

But in a matter of weeks, Cerise and Townsend were removed from their respective positions and reassigned and Opelka was promoted to Cerise’s position.

Last May, only months before he resigned to take a position in Texas, Cerise was invited by Sen. Murray to testify at a meeting of the Senate and Governmental Affairs Committee. What ensued speaks volumes about the administration’s penchant for secrecy and its intolerance for dissenting viewpoints and is illustrative of Jindal’s general arrogance and disdain for the legislative process.

The committee wanted more information about the proposed privatization of the LSU system’s hospitals and the obvious choice as the most knowledgeable witness was Dr. Fred Cerise, whose integrity is the very antithesis of Jindal’s.

So, naturally, Cerise was barred from testifying. Dissenting opinions—even intelligent, reasoned ones—are not welcomed by this governor who simply cannot bring himself to listen to the advice of others. Murray said he was told that Cerise’s request for a personal leave day to testify was denied. Murray was joined by several other senators in complaining that the denial of an information request from a lawmaker was inappropriate.

Board members, Dr. John George and Ann Duplessis, apparently with straight faces, disavowed any knowledge about Cerise’s not being able to attend the meeting and promised to look into the matter and report back to the committee.

Amazingly, lawmakers appeared to ignore that conflict of interest we alluded to earlier even as the LSU Board of Stuporvisors unanimously approved that contract. No one uttered a peep as that same Dr. John George of Shreveport, sitting as a voting member of the LSU Board, cast his vote.

The CEO of BRF, which awarded the contract for the Shreveport and Monroe medical facilities, is (trumpet fanfare) that same Dr. John George but not to worry: Jindal assured us there was no conflict of interest there.

Almost lost in all of this is the fact that more than 5,000 employees were laid off as a result of the privatizations which now have been disallowed. And for that, we look to the Louisiana Civil Service Commission as the third culprit behind Jindal and the LSU Board of Stuporvisors.

After all, you can’t put the genie back in the bottle.

The Civil Service Commission, which must approve any layoff plan, first rejected the administration’s privatization by a 4-3 vote but agreed to reconsider the proposal when the administration said it would provide additional information.

The next week, the board met again and commission member D. Scott Hughes of Shreveport apparently saw the light and inexplicably switched his vote from no to yes. More importantly, two other members, Dr. Sidney Tobias of LaPlace and commission Chairman David Duplantier of Mandeville, took the easy way out: they simply did not attend the meeting and the final vote that put 5,000 employees on the street was 3-2 in favor of Jindal.

Granted, commission members don’t receive a salary for their service but if Hughes could drive in from some 250 miles away—even with his yes vote—then surely commission Chairman Duplantier and Tobias could have, should have, found a way to drive in from about 75 and 50 miles out, respectively.

On a matter of such import, their no-show was nothing less than gutless and both should resign from the commission. They agreed to serve and their votes on this issue were of extreme importance—to the administration of course, but especially to those 5,000 employees whose livelihoods depended on the whims of seven five people they’d never met.

And then there’s that almost overlooked matter that’s lost in all the frenzy—one of utmost urgency: where will the state’s poor now seek medical care?

And the fingers of blame point directly at Jindal, the LSU Board of Stuporvisors, and the Civil Service Commission.

So now, after the approval of a contract with its 50 blank pages, after the termination of all those employees, after Jindal’s flimflamming his way around the legislative process, after the demotion and eventual loss of two valuable members of the medical profession, after DHH Kathy Kliebert’s assurances (as late as last week) that everything was just peachy, another wing of Jindal’s house of cards has come tumbling down.

If this is indicative of the way he runs a state—and all the evidence says it most assuredly is—imagine how, as president, he would fare in a faceoff with Vladimir Putin—even with the help of Jimmy Faircloth.

 

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