Feeds:
Posts
Comments

Copies of emails released to LouisianaVoice by the Department of Education (DOE) under threat of litigation reveal an agency over which there is little or no oversight, where escalating costs of expensive programs appear to be of no concern to administrators and a department that appears to be flailing about in search of some direction.

The electronic communications also unveil a cozy relationship between DOE, Rupert Murdoch and his company, News Corp., which apparently will be provided personal information on Louisiana public school students for use by a company affiliated with the Bill and Melinda Gates Foundation.

News Corp. is the parent company of Fox News Network. In 2011, News Corp. was implicated in a major phone hacking scandal in which private telephone records were compromised.

Despite the relationship with a national news organization, the emails also reveal a decision by DOE and Dave “Lefty” Lefkowith, director of the Office of Portfolio, to “forget” about communicating with the media or public about departmental plans to launch the DOE’s Course Choice program next month.

Lefkowith has a professional history that links him to former Florida Gov. Jeb Bush, the now-defunct Enron Corp. and an outfit called Azurix Corp., through which a Bush appointee—with help from Lefkowith—sought unsuccessfully to corner the market on Florida drinking water and to auction blocks of water to the highest bidders.

As director of the Office of Portfolio at $146,000 per year, he is in charge of the course choice program whereby private contractors and public institutions will be allowed to offer—and set the prices for— computer courses to Louisiana students.

On Jan. 2 of this year, White emailed Lefkowith at 6:19 p.m., writing:

“How we doing on communications? We have a huge launch in two months.”

“We just decided amongst ourselves: ‘Forget it,’” Lefkowith responded an hour later, at 7:20 p.m. “Problem with that?”

“Fair,” White responded one minute later.

But at 6:53 p.m., 34 minutes after White’s email to Lefkowith and 27 minutes before Lefkowith’s response, White emailed Ken Bradford, assistant superintendent for the department’s Office of Content: “Okay. Time to start the blitz, as we roll up to launch.”

There are other curious emails, including one on July 18, 2012 to White from his $145,000-a-year Chief of Staff Kunjan Narechania which touched on a variety of subjects:

“We need to talk about what to do with David,” she wrote in apparent reference to Lefkowith who joined the department two days after that email was written. It would appear from her comment that even though White had decided to bring Lefkowith, who had been working as a contract consultant, onboard full time, he was still unsure in what capacity Lefkowith would serve.

In another paragraph, Narechania said, “Charlotte Danielson (the Danielson Group of Princeton, N.J., an organization of consultants on educational practice, leadership and research) is being a pain again. Apparently some reporter interviewed her about us using a version of her rubric for our system. She said she thinks it’s a bad idea for us to use an abridged version of her rubric and that we should have piloted for a year. So lame.”

Attempts to contact Danielson were initially unsuccessful but she returned a call Wednesday evening to express surprise at the content of the email and to explain that the Louisiana DOE cherry-picked only a few components of her teacher evaluation system. “No one likes to be called names and I’m no exception,” she said. “I don’t know what they mean by referring to be as ‘a pain,’ or as ‘lame.’”

She explained that her organization specializes in the design of teacher evaluation systems. “We have 22 components to our rubric,” she said. “I understand the Louisiana Department of Education used only about five components. While I have no idea which components they used, I can say that you cannot draw a reasonable conclusion from using only a few components.”

Less than three weeks before Narechania’s email critical of Danielson, Erin Bendily, assistant deputy superintendent for departmental support and former education policy adviser to Gov. Bobby Jindal emailed White:

“I think we need to start with a very strong introduction and embed more CCSS (Common Core State Standards) alignment/integration throughout. This sounds harsh, but we should show that our current/old educator evaluation system is crap and the new system is stellar.”

A paragraph that could attract considerable attention among the media was one that said, “We’re going to send the TimesPic (New Orleans Times-Picayune) reporter to a Monday/Tuesday training in NOLA (New Orleans, LA).”

The reporter was not identified nor was there any explanation on what “training” would be provided—or if the reporter was simply being sent to cover in-house DOE training. If the latter was the case, it would nevertheless seem unusual for a state agency to assign or “send” an otherwise independent news reporter to cover an event held under its auspices.

It was the spate of emails scattered throughout the 119 pages of documents referencing the Shared Learning Collaborative (SLC), a project of the Gates Foundation, however, that provided the link between the department and Murdoch and his News Corp. operation. Those emails confirmed the department’s intent to enter sensitive student and teacher information into a massive electronic data bank being built by Wireless Generation, a subsidiary of News Corp.

“Over the next few months, the Gates Foundation plans to turn over all this personal data to another, as yet unnamed corporation, headed by Iwan Streichenberger, former marketing director of a(n) (Atlanta) company called Promethean that sells whiteboard,” according to a news release by Class Size Matters, http://www.classsizematters.org/ a non-profit organization that advocates for class size reduction of New York City’s public schools.

Class Size Matters last month released a copy of a 68-page contract between SLC and the New York State Educational Department which said in part that there would be no guarantee that data would not be susceptible to intrusion or hacking, though “reasonable and appropriate measures” would be taken to protect information.

The Gates contract also allows for the unrestricted subcontracting of duties and obligations covered under the agreement.

Class Size Matters, in an internet posting last month, said besides New York, Phase I of SLC included school districts in North Carolina, Illinois, Colorado and Massachusetts.

“Delaware, Georgia, Kentucky and Louisiana are in Phase II, according to the Gates Foundation, (and) intend to start piloting the system in 2013,” Class Size Matters said. http://www.classsizematters.org/ny-8-other-states-plan-to-share-confidential-student-info-without-parental-consent/

As recently as 13 months ago, however, White professed ignorance of any move toward participating in the SLC program.

A Jan. 21, 2012 email to state school superintendents that included an invitation to an SLC “cross-state convening” prompted an inter-agency email from Jessica Tucker, DOE policy advisor, to White which asked, “Do we participate in this for real?”

“Ok, I know what it is,” White responded 90 minutes later, “but I don’t know if we are really invested since I haven’t heard anyone mention it.”

White, meanwhile, deleted Tucker’s name and immediately forwarded that same email to Vicky Thomas, a DOE executive assistant who responded the following day, a Sunday:

“Yes, the DOE is participating in this. I’m not sure if we are part of Phase I or II, but Erin & Jim Wilson (DOE chief information officer) have been working on this through the Gates Foundation. Paul did not attend these kinds of things, but would send staff.”

Erin and Paul were not immediately identified by last name or by title.

Despite White’s disavowal of any knowledge of SLC, an email exchange three months earlier, in September of 2011, when White still had not been formally appointed State Superintendent by the Board of Elementary and Secondary Education (BESE), would seem to indicate otherwise.

At 7:42 p.m. on Sept. 8, 2011, Peter Gorman, only a month into his new position as senior vice president of Wireless Generation, the newly-formed education division of News Corp., emailed White:

“If you are available for dinner on Wednesday night, I would love to take you and discuss Broad (presumably the Broad Superintendents Academy where White trained to become an education superintendent in 2010), school reform and other issues but no pressure on that either. I know how precious an evening with family, time at the gym, or just a little down time can be to recharge your batteries.”

White responded at 9:49 a.m.:

“Dude—you are my recharger! Dinner it is, of course. Then let’s visit some schools Thursday. I’m really looking forward to it.”

All of which brings us to this one simple question:

Is this flurry of email activity somehow related to a comment by Murdoch in 2010 on the enormous business opportunity in public education awaiting corporate America:

“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

Perhaps this is a question that legislators should be asking.

“If you are available for dinner on Wednesday night, I would love to take you and discuss Broad (presumably the Broad Superintendents Academy—from which John White received his training/qualifications to run Louisiana’s public school system), school reform and other issues but no pressure on that. I know how precious an evening with family, time at the gym or just a little down time can be to recharge your batteries.”

—Sept. 9, 2011, email from Peter Gorman, senior vice president of News Corporation’s (Fox Network) new education division (Wireless Generation)—included in 119 pages of communications provided by the Department of Education pursuant to LouisianaVoice public records request.

“Dude—you are my recharger! Dinner it is, of course. Then let’s visit some schools Thursday. I’m really looking forward to it.”

—White’s email response to Gorman three minutes later. (Considerably faster, it should be noted, than the 28 days it took him to respond to LouisianaVoice’s requests for public records. Apparently we just don’t have what it takes to recharge him.)

As an illustration of the sheer arrogance of Louisiana Superintendent of Education John White, LouisianaVoice is providing an exchange of emails between us, White, and Louisiana Attorney General’s office and our attorney, J. Arthur Smith of Baton Rouge.

Folks, there is no better example of just how this administration, personified by the likes of White, his boss, Gov. Bobby Jindal, all but two members of the Board of Elementary and Secondary Education, and a few of Jindal’s choice cabinet members and certain legislators who shall for the time being remain nameless, has nothing but contempt for the voters of this state.

After all, where would Jindal rather be—in Baton Rouge or gallivanting all over the country in futile pursuit of the presidency? (Hint: it ain’t Baton Rouge.)

But now it seems that the national media is finally catching onto his act. An op-ed piece in Monday’s Washington Post said that Jindal’s rise in the ranks of the party illustrates that Republican reform is all cosmetic, so much rhetorical hogwash, smokes and mirrors. (But if you insist on latching onto Jindal’s sophomoric grandstanding as candy for your political sweet tooth, then knock yourself out.)

But back to Mr. White.

On January 22, we made the following public records request:

Any communication with or information relevant to Louisiana’s association or business conduct with any corporation or entity owned, led by or associated with Iwan Streichenberger;

Any communication or discussion relevant to the sharing of confidential student information for the purpose of developing and marketing “learning products” or for any other purpose;

All communication and/or contracts relevant to current or future association with Gates Foundation or its subsidiaries.

• Any communication with or information relevant to Louisiana’s association or business conduct with any corporation or entity owned, led by or associated with Iwan Streichenberger.

• Any communication or discussion relevant to the sharing of confidential student information for the purpose of developing and marketing “learning products” or for any other purpose.

• All communication and/or contracts relevant to current or future association with Gates Foundation or its subsidiaries.

• Written communications and contracts containing the phrase “shared Learning Collaborative” or “SLC.”

• Written communications containing the phrase “Wireless Generation.”

• Written communications containing the phrase “Iwan Streichenberger.”

• Written communications and contracts containing the phrase “Gates Foundation.”

Subsequent to that request, we made additional requests for:

• A list of the number of Teach for America teachers employed in each parish in the state.

• A list of complaints about the Louisiana Department of Education’s web page that White said prompted his decision to revamp the page to its current unnavigable mish mash of a web page that is about as user friendly as a sidesaddle on a Hampshire hog.

Of course the latter requests were ignored with all the same efficiency as the original requests. We know that John White personally received the requests because we get read receipts on all outgoing emails and we know the instant our emails are opened and read by the recipient.

And we save all our read receipts just in case the need should ever arise to have them—say in a civil lawsuit against the department.

At 3:41 p.m. on Tuesday (Feb. 19—28 days after our initial request), we sent the following email to our attorney (and copied White and Attorney General James “Buddy” Caldwell):

Art, this request is almost a month old. By law, state agencies (the Department of Education included) have three days in which to produce requested records or provide a date and time they will be available for inspection. The department has done nothing to provide these records other than send me a B.S. letter. I might overlook this if it were an isolated case, but this has been repeated time and again. I’m weary of playing their little games and I’m ready to file suit against John White and the Department of Education. I don’t want to file only to have them provide the records. I want to pursue this to seek my court costs, my attorney fees and any applicable fines. The Monroe News Star filed suit and White cratered and provided the records and nothing further was done. I don’t want that. I want to extract penalties for non-compliance or they’ll just repeat the procedure the next time I make a public records request.

Please file the necessary litigation immediately. I will pay the filing fee but I want the Department of Education to reimburse me.

My receipt indicated that White opened and read our email at precisely 3:44 p.m.

At 3:50 p.m. Tuesday, I received the following response from attorney Art Smith:

Gotcha. Will be glad to do.

Then, beginning at 6:20 p.m. and continuing through 6:43 p.m. we began receiving the first of what would ultimately be eight separate emails containing 119 pages of emails and other data from the Department of Education, some of which addressed our requests and others that did not.

Those responses that did not address our specific requests, however, were quite revealing. Because White made such a big production of the complaints he said he received about the old format of the department’s web page which led to the complete revamp of the page, we decided to call his bluff and ask for those complaints.

What we got instead of complaints about the old web page was a stream of complaints about the current format, including one writer who, in the email’s subject line wrote “YOUR NEWLY DESIGNED WEBSITE SUCKS,” and who then proceeded to chastise the department for the misspelling of “recieve.” (Yep, that’s the way your new DOE website spells receive.) “For crying out loud, USE YOUR SPELLCHECKER!” the Monroe critic wrote, adding, “Please correct this and make this site professional, not juvenile.”

Another wrote: “Many of your links lead to errors. Come on, man!”

“I am unable to locate information that I need to do my job. If we no longer have a website that is user friendly, what are we expected to do?” asked another.

Strangely, however, there were no complaints provided by White about the old web site even though he said the changes were made pursuant to “many complaints” about the old site.

Unimpressed with White’s last-minute attempt to head off unpleasant litigation, we followed up with another email at 9:37 p.m., again copying our attorney and Caldwell:

Mr. White, I am in receipt of eight separate emails from your office which purport to provide the information I requested (itemized below).

I can’t help but notice, however, that absent from the 117 pages you provided me under threat of litigation (which remains a valid option) were responses to requests 1, 2, and 6.

Please, without further delay, provide:

1) Any communications in any form or contracts relative to the “Shared Learning Collaborative” or SLC, a project of the Gates Foundation.

2) Information regarding Louisiana’s participation in Phase I of the above project.

6) All communication and/or contracts relevant to current or future association with Gates Foundation or its subsidiaries.

Because of the stalling tactics employed by you and the department, I shall not grant you the customary three days waiting period for this information inasmuch as it has already been 28 days since my initial request.

Litigation shall follow if this information is not provided by the close of business Wednesday, February 20, 2013.

White opened and read our latest email at 9:43 p.m.

We’ll keep you posted on developments and if anyone wishes copies of the emails that were provided, we will be happy to provide them electronically at no cost. Just contact us at: louisianavoice@cox.net

Whenever Gov. Bobby Jindal speaks, be it on Fox News, CNN, to fellow Republican governors or at a rare press conference such as the one held on Thursday, his threefold purpose always seems to be to inflate weak ideology, obscure poor reasoning and inhibit clarity.

His less-than-masterful tax plan for the state, which he admitted to reporters is like so many of his ill-conceived programs in that it actually remains a non-plan, might well be entitled “The Dynamics of Irrational and Mythical Imperatives of Tax Reform: A Study in Psychic Trans-Relational Fiscal Recovery Modes” (with apologies to Calvin and Hobbes, our all-time favorite comic strip).

It’s not certain what drives him to wade off into these issues (see: hospital and prison closures, higher education cutbacks, charter schools, online courses and vouchers, state employee retirement “reform,” and privatization of efficiently-operating state agencies like the Office of Group Benefits) but his actions are probably precipitated by deeply ingrained biological, psychological and sociological imperatives that have triggered a reduced functionality in the cerebral cortex (Pickles).

Or it could be some depraved attempt to inflict vengeance on society because his two imaginary childhood friends teased him and wouldn’t let him play with them.

And though he insists he has the job he wants, we can’t help but wonder if he isn’t even now casting a covetous sidelong look at the advantages of plundering (Frazz) in case his presidential aspirations fail to materialize.

The reason for all this speculation is brought on by his admission in that ever-so-brief (less than 12 minutes or six question, whichever came first) press conference Thursday that the administration does not have a proposal as yet to eliminate personal and corporate income taxes despite his well-publicized announcement that he wants to scrap state income taxes for individuals and corporations (especially corporations) in a “revenue neutral” way that would most likely involve increased sales taxes.

But he doesn’t have a proposal yet.

Are you listening, legislators? He doesn’t have a proposal yet. That means the onus is going to be on you and if he doesn’t have his way with you (as he has for the past five years—and you can take that any way you please), he’s going public with the blame game.

If everything goes south, you don’t really think he’s going to take the blame, do you?

He doesn’t have a proposal yet. Now we see where State Superintendent John White gets his prompts on running the Department of Education. White has not submitted a completed plan for any project begun at DOE since he took over; everything—vouchers, charters, course choice—is in a constant state of flux. He announces rules, retracts, readjusts, re-evaluates only to lose a lawsuit over the way his boss proposed to fund state vouchers.

Jindal doesn’t have a proposal—for anything. His retirement “reform” package for state employees was a disaster from the get go. Even before he lost yet another court decision on that issue in January, the matter of whether or not the proposed plan for new hires was an IRS-qualified plan—meaning a plan the IRS would accept in lieu of social security—remained unresolved.

He didn’t have a proposal: let’s just do it and see later if the IRS will accept it. Throw it up against the wall and see if it sticks.

Remember when he vetoed a bill two years ago to renew a five-cent tax on cigarettes because, he said, he was opposed to new taxes (it was a renewal!)? Well, now he’s considering a $1 tax increase on a pack of cigarettes.

“Everything is on the table,” he said. “That’s the way it should be.”

But isn’t he the same governor who closed hospitals and prisons without so much as a heads-up to legislators in the areas affected.

Isn’t he the same governor who rejected a federal grant to make boardband internet available to rural areas of the state but had no alternative plan for broadband?

Isn’t he the same governor who continues to resist ObamaCare at the cost of millions of dollars in Medicaid funding to provide medical care for the state’s poor?

He said he is looking at different ways to protect low- and middle-income citizens.

By increasing the state sales tax by nearly two cents on the dollar? By rejecting another $50 million federal grant for early childhood development? By shuttering battered women’s shelters and attempting to terminate state funding for hospice? By pushing for more and more tax breaks for corporations and wealthy Louisiana citizens? By appointing former legislators to six-figure state jobs for which they’re wholly unqualified while denying raises to the state’s working stiffs? Yeah, that’ll really protect the low income people of the state.

“It’s way too early to make decisions on what’s in and out of the plan,” he said of the soon-to-be proposed (we assume) income tax re-haul.

Well, Governor, it’s your job to make decisions, to come up with a proposal to present to the legislature so House and Senate members may have sufficient time to debate the issues—unlike your sweeping education package of a year ago.

In your response to President Obama’s State of the Union address this week (not your disastrous response in 2009 in which the Republican Party subjected you to national ridicule), you said, “With four more years in office, he (Obama) needs to step up to the plate and do the job he was elected to do.”

That’s right, folks. You can’t make up stuff this good. The response is so easy that it’s embarrassing but here goes:

Pot, meet Kettle.

In retrospect, drawing on comic strip for inspiration when writing about Jindal somehow seems entirely appropriate.

You have to give Gov. Piyush Jindal credit—he has chutzpah.

Jindal, to paraphrase Bill Murray (Dr. Peter Venkman), Harold Ramis (Dr. Egon Spengler) and Dan Aykroyd (Dr. Raymond Stantz) of Ghostbusters fame, ain’t afraid of no state constitution.

And he ain’t afraid of throwing good taxpayer dollars after bad to prove it.

Last November, Baton Rouge District Judge Tim Kelley shot down Jindal’s far-ranging school voucher program when he ruled it was unconstitutional for the state to use funds—about $25 million this year—dedicated for public education to pay private-school tuition.

Then late last month, another Baton Rouge District Judge, William Morvant, ruled the administration’s 401 (k)-type pension plan scheduled to take effect July 1 for future state employees also was unconstitutional because it had passed the legislature by a simple majority vote and not by the necessary two-thirds majority.

Taking his cue from Admiral David Farragut at the Aug. 5, 1864, Battle of Mobile Bay, Jindal shouted to his minions on the fourth floor of the State Capitol something that sounded like, “Damn the Constitution, full speed ahead!”

Or maybe it was, “Damn the legal costs, full speed ahead!”

He said it kinda fast, so it was hard to understand, really.

It might have even been, “Damn those Republican judges, full appeal ahead!”

Kelley’s ruling was “wrong-headed” and “a travesty for parents across Louisiana,” Jindal sniffed after last November’s setback. We’re not sure of “wrong-headed” is an acceptable term in a court of law but hey, he’s the governor so who are we to quibble? After all, legend has it that a Texas cowboy in the old West successfully defended himself on a murder charge with the defense that his late adversary “needed killing.”

“We are optimistic this decision will be reversed,” said State Education Superintendent John White (An attempt by LouisianaVoice to determine from which law school White holds his juris doctorate was unsuccessful.)

“We are disappointed in the court’s ruling and we look forward to a successful appeal,” Piyush said of Morvant’s ruling on the pension plan. “We’re confident that the bill was constitutionally passed,” he added. (As with White, efforts to learn where the governor obtained his degree in constitutional law were fruitless.)

So, having already spent thousands of dollars at the district court level, he now will contract with outside counsel (eschewing the attorney general’s office right across the Lake from the Capitol) to take both cases to the Louisiana Supreme Court.

Not only is he tossing good taxpayer money after bad, but he also is forcing the Retired State Employees Association of Louisiana, two teachers unions and dozens of local school boards to spend membership money and local tax dollars to continue the fight to uphold the lower court rulings.

Perhaps the governor should take a look at his latest poll numbers (37 percent approval rating) and try to understand that he can’t always get his way even though he and his $10 million campaign war chest did collect 66 percent of a 20 percent voter turnout in his re-election just over a year ago—against a field that included as his strongest opponent a school teacher with no money. And the teacher, Tara Hollis, still got 18 percent of the vote.

So what if 80 percent of the Louisiana voters stayed home? Sixty-six percent is a mandate!

A former middle school teacher said even as a child his mindset was such that he always had to have his way and that it was simply inconceivable that he might be wrong.

But this isn’t middle school and even by spending thousands more of taxpayer money, he still isn’t likely to get his way.

Ever see a governor throw a tantrum? Stand by. It might even qualify as a hissy fit.

Who you gonna call?

Constitution Busters, aka Bobby Jindal, Timmy Teepell and Jimmy Faircloth!