Call this the John White Special.
Let’s start with BESE’s March meeting at which the calculation of Minimum Foundation Program (MFP) funding was discussed in a 26-page report which at one point appeared to veer off into reality television. The MFP was approved by BESE on March 8.
One of the criteria outlined at that meeting was the High Standards Weight.
“This weight is provided to recognize the cost of providing advanced coursework,” the BESE report said. “A 30 percent weight is provided for students in grades 8 through 11 that (sic) meet the certain criteria on exams. Students must meet the following criteria in order to be considered eligible (one would think that education administrators would know to use the word “who” instead of “that.”):
• Students in 8th grade that (there’s “that” again, instead of “who”) score excellent on Algebra I End of Course (EOC) tests;
• Students in 9th grade who (ah!) score excellent on Geometry EOC tests or score in a 3 or higher on an Advance Placement (AP) exam;
• Students in 10th grade who score 3 or higher on an AP exam;
• Students in 11th grade who score a 3 or higher on an AP exam or a 4+ on an International Bachelorette (IB) course.
Wait. What? Bachelorette? Yep, that’s what it said.
Like we said, reality television rules at BESE.
Maybe someone should have whispered to BESE/DOE that it should be International Baccalaureate before it’s approved for an official state document. And perhaps motivational speaker David “Lefty” Lefkowith could take time to show up for work one day and give proofreading lessons.
The biggest sticking point with White, insofar as LouisianaVoice is concerned, is the difficulty (make that impossibility) of squeezing what are clearly public records out of DOE.
R.S. 44:32(D) provides: “In any case in which a record is requested and a question is raised by the custodian of the record as to whether it is a public record, such custodian shall within three days, exclusive of Saturdays, Sundays, and legal public holidays, of the receipt of the request, in writing for such record, notify in writing the person making such request of his determination and the reasons therefor. Such written notification shall contain a reference to the basis under law which the custodian has determined exempts a record, or any part thereof, from inspection, copying, or reproduction.”
Three days.
If Jesus could escape from his tomb in three days, the Department of Education certainly should be able to lay its hands on and produce requested public records within that prescribed time.
Yet, LouisianaVoice has outstanding records requests dating back to March 6 without so much as an acknowledgement from DOE. We know Superintendent John White received the requests because our email alerts us whenever a recipient has opened one of our emails. There’s a reason for that.
Following are some of our outstanding public records requests:
Sent: Wednesday, March 06, 2013 8:58 PM
To: john.white@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:
I would like a list of and a CV for the following:
All personnel who now work or who have worked in the Louisiana Department of Education since January of 2007 who worked for or otherwise were associated, affiliated with or employed by Teach for America, the New Teacher Project, and/or the Eli Broad Foundation;
In providing this information, please provide the following information:
Dates of employment for each;
Job title for each;
Salary for each.
(Nothing.)
Sent: Sunday, March 10, 2013 8:29 PM
To: john.white@la.gov
Cc: J Arthur Smith
Subject: PUBLIC RECORDS REQUEST
Pursuant to the Public Records Act of Louisiana (R.S. 44:1 et seq.), I respectfully request the following information:
emails sent by James Bowman the week of March 4-7, 2013 relative to directing staff not to attend BESE meeting.
Emails sent by Nick Bolt since Feb. 1, 2013 pertaining to Shared Learning Collaborative, including any and all communications relative to off-line discussions of SLC or Shared Learning Collaborative.
(Nothing.)
Sent: Tuesday, April 02, 2013 10:04 AM
To: john.white@la.gov; troy.humphrey@la.gov
Cc: J Arthur Smith
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 allow me to review all contracts, purchase orders and authorizations to hire, executed and/or signed by Kunjan Narechania from January 1, 2012 through April 1, 2013. In providing these documents, please do not omit the signature page(s).
Please allow me to review all forms, including literacy, high school redesign and accountability authorized and/or signed by Kunjan Narechania from January 1, 2012 through April 1, 2013. Please include all signature page(s).
Please allow me to review all contracts, purchase orders and authorizations to hire executed and/or signed by Michael Rounds since his employment with DOE. Please include all signature page(s).
Please allow me to review all contracts, purchase orders and authorizations to hire executed and/or signed by David “Lefty” Lefkowith since his employment with DOE. Please include all signature page(s).
Please provide copies of all travel records/travel documents/travel reimbursements for David “Lefty” Lefkowith since his employment with DOE.
(Nothing.)
Sent: Sunday, April 07, 2013 9:00 p.m.
To: john.white@la.gov; troy.humphrey@la.gov
Cc: J Arthur Smith
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 signed time sheets verifying David Lefkowith’s presence in the DOE offices since his employment with DOE.
(Nothing yet, though the three-day deadline was not expired as of this writing.)
Even more serious is White’s dangerous little game of telling outright lies about the existence of public records and of playing favorites with the media.
The Independent of Lafayette attempted to obtain public records from DOE way back in April 2011 asking the department for correspondence DOE had received from the U.S. Department of Education relative to Louisiana’s No Child Left Behind waiver application.
After first denying the existence of the requested correspondence, DOE finally acquiesced on Friday, May 4, and told the paper the documents would be provided on Monday, May 7.
Instead, White, spoon fed the information, including extensive details and comments from White himself to a reporter for the New Orleans Times-Picayune so that his favored reporter could have the story first.
Mr. White should know that is not the way you try to manipulate the media in Louisiana or anywhere else. Any newspaper worth its salt will do what it must do to protect its interest from such shabby behavior—and the Independent did.
You do not play favorites and you certainly do not ignore legitimate requests from the media—most media. Some take umbrage at such efforts to control information that rightfully is the domain of the public.
It will end ugly.
LouisianaVoice has retained legal counsel and as this is being written is preparing to initiate legal action against White, DOE, BESE and its president, Chas Roemer. It is BESE, after all, that hired White and it is BESE to whom he answers so BESE is legally liable for the behavior of its upstart superintendent who apparently feels the laws to not apply to him.
But apply to him they do. It will cost us money, but in the end, we will be upheld in our efforts and when that happens, the court not only may assess legal fines against the department and BESE, but it can also order DOE and BESE to pay our legal fees and our court costs.
And then there’s the negative publicity that would go with yet another embarrassing court decision against DOE.
Strother Martin (the warden in Cool Hand Luke) notwithstanding, there is no failure to communicate here.
NOTE: (J Arthur Smith copied in several of our public records requests to White is our legal counsel.)
