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As an indication of just how desperate Gov. Piyush Jindal, State Education Superintendent John White and Board of Elementary and Secondary Education President (BESE) Chas Roemer are to put a good face on their much-ballyhooed education reform, one need only read the glowing “news” story picked up by Press Release Central and dutifully reported by media outlets across the state on Monday.

The story (if one wishes to call it that), issued by Louisiana Believes, the Glass-is-half-full propaganda arm of John White’s Department of Education (DOE), sounded the news like the proverbial trumpet in Revelations that Louisiana ranks first in the nation for educational policies that prioritize the interests of children, according to a report by StudentsFirst, an organization founded by Michelle Rhee, who has come under withering criticism for suspicious scoring gains at Washington, D.C., schools during her tenure as chancellor.

The New York Times made an interesting point about the Rhee report:

“The ratings, which focused purely on state laws and policies, did not take into account student test scores.”

That prompted Mercedes Schneider, who has been tracking statistical analyses of Louisiana’s propensity to fudge school data, to comment wryly on the blog of Diane Ravitch, a leading authority on education issues, “Ironic, ain’t it?”

Ravitch, on her blog, said, “Rhee wants teachers to be evaluated and fired by test scores; she wants schools to be closed by test scores. But when she ranked the states, she didn’t look at test scores. If she had, her number-one state—Louisiana—would have been at the bottom of her rankings.”

And when one peels back the layers on Rhee’s metaphorical onion, it’s easy to see that the organization compiling those rankings, StudentsFirst, has a stake in the outcome—a very big stake. It has a dog in this hunt, as it were.

Also on Monday, the U.S. Department of Education may have thrown a damper on Piyush’s premature party with its own news release that shows Louisiana not faring so well in high school graduation statistics.

Louisiana, the U.S. DOE said in lobbing its own stink bomb, ranked sixth from the bottom in public high school graduation rate.

The state’s graduation rate of 71 percent is higher only than Alaska, Georgia, New Mexico, Oregon, Nevada and the District of Columbia. The D.C. graduation rate of 59 percent was lowest in the nation, followed by Nevada’s 62 percent. Iowa leads the nation at 88 percent.

The Louisiana Legislature passed legislation in 2009 mandating that the state’s graduation rate should be 80 percent by 2014, which means Jindal, White, Roemer, et al have their work cut out for them.

It also means that StudentsFirst report is mostly hogwash and the decision to release it reveals an administration desperate to prop up a failing policy heading into the 2013 legislative session.

StudentsFirst has poured money into the campaigns of four of Jindal’s hand-picked BESE members who support Jindal and White—$5,000 each to Holly Boffy, James Garvey, Kira Orange Jones and Roemer.

In addition, StudentsFirst received $5,000 from Future PAC, the political action committee of the Baton Rouge Area Chamber of Commerce. Future PAC in turn chipped in an additional $5,000 to Roemer’s campaign fund.

Future PAC also contributed $5,000 to the Alliance for Better Classrooms (ABC) which also received $27,000 from various Jindal/White/Roemer supporters, including Baton Rouge Business Report Publisher Rolfe McCollister ($2,000).

As a curious aside, in tracking the various campaign contributions and expenditures, LouisianaVoice discovered Innovative Advertising in Covington, a firm that caters almost exclusively to Republicans in its political advertising campaigns.

The firm’s web page boasts victories for Republican candidates in North Carolina, Mississippi, Texas and Louisiana.

The Alliance for Better Classrooms spent more than $272,000 with Innovative Advertising in 2011 alone and the Republican Party of Louisiana spent another $359,000 with Innovative in 2007 through 2011.

But back to the administration’s touting of the StudentsFirst report.

“This report confirms that Louisiana is now leading the nation in education reform,” Jindal pontificated.

“The report’s findings validate the courage and boldness of Louisiana’s policy makers, voters and educators,” added White in an effort to outshine his boss in perfunctory rhetoric.

Not to be outdone, Roemer chimed in: “We are moving forward in education in this state and contrary to what the status quo wants us to believe, the majority of Louisiana people are excited to see real reform at last.”

Sadly, none of those statements is accurate. The report confirms nothing and it validates nothing and it’s highly doubtful if the people of this state are truly excited at what this administration passes off as reform. The courts certainly are not as three separate courts have knocked down various aspects of the education reform measures.

The Louisiana Believes release noted that the report praises Louisiana’s teacher evaluation system; the state’s tying layoff and tenure to teacher performance; awarding tenure only to “highly effective” teaching in five out of six years and the potential to revoke tenure after one year of ineffective teaching; the state’s charter school program; publicly-funded scholarships (part of which was struck down by a Baton Rouge court); letter grades for schools and for “setting the standard” for state level intervention through the Recovery School District.

The news release described StudentsFirst as a “grassroots movement formed in 2010 in response to an increasing demand for a better education system in the U.S.

But the most ludicrous aspect of the news release remains its source: StudentsFirst.

Rhee, before founding StudentsFirst, served as head of the Washington, D.C. school system from 2007 to 2010, when she and her boss, Washington Mayor Adrian Fenty, both lost their jobs when Fenty was defeated for re-election.

During her tenure, student test scores improved dramatically but plummeted in 2011, particularly at one of the city’s award-winning schools after the principal tightened security on test score grading after accidentally discovering three school staff members late at night sitting in a room strewn with more than 200 test booklets.

Students had just completed a midyear practice version of the city’s annual standardized test and one of the adults was at a desk, holding an eraser with the other two sat at a table with open booklets before them.

One of Rhee’s more notable moves was converting the D.C. system’s annual standardized test into a barometer for teachers and principals meaning for the first time, their jobs and pay depended upon students’ scores increasing.

The district’s scores did increase, making a quantum jump, but in 2011, USA Today published an investigation that cast doubt on the validity of the test scores and about the effectiveness of Rhee’s reforms.

The newspaper story revealed an unusual number of wrong-to-right erasures on students’ answer sheets at more than 100 D.C. schools between 2008 and 2010.

The centerpiece of Rhee’s reform movement was Crosby S. Noyes Education Campus. Under her watch, the school went from being deemed in need of improvement to one of the district’s “shining stars.” In 2006, only 10 percent of Noyes’ students scored “proficient” or “advanced” in math on standardized tests mandated under the federal No Child Left Behind Law. Two years later, 58 percent achieved that level and the school showed similar improvement in reading.

Rhee rewarded Noyes’ staff twice in three years—in 2008 and again in 2010—by handing out $8,000 bonuses to each teacher and $10,000 to the principal.

During that same three-year span, however, most of Noyes’ classrooms had extraordinarily high numbers of erasures on the tests, with most of the erasures being that wrong answers were changed to correct ones.

In all, 103 public schools—more than half the D.C. schools—had erasure rates exceeding D.C. averages. In 2007-2008, six of eight classrooms taking tests at Noyes were flagged for the high rate of wrong-to-right erasure rates. The same pattern was repeated in the 2008-09 and 2009-2010 school years, when 80 percent of classrooms at the school were flagged by the CTB/McGraw-Hill testing company.

For the 2009 reading test, one Noyes seventh grade classroom averaged 12.7 wrong-to-right erasure rates, according to the USA Today story.

Thus, the chancellor of District of Columbia public schools presided over one of the biggest student test score cheating scandals in the nation and subsequently was forced out in 2010 only to establish the StudentsFirst grassroots movement “to mobilize parents, teachers, students, administrators and citizens throughout the country and to channel their energy to produce meaningful results on both the local and national level.” (Wonder if all that is on the organization’s letterhead?)

And now we are being asked to believe Jindal and White when they regurgitate a highly suspect report churned out by Michelle Rhee.

If still not convinced of the StudentsFirst shenanigans, you may wish to watch Frontline on LPB tonight (Tuesday) at 9 p.m.

Never let it be said that Piyush Jindal doesn’t remember his friends. As long as the word “friends” is synonymous with the word “cash.”

Of the seven new appointments and one re-appointment to the University of Louisiana System board, six of those combined to contribute nearly $147,000 to Jindal political campaigns from 2003 through 2011, according to state campaign finance records.

The terms of seven of the 16 member board expired on Dec. 31. The eighth position was vacated when attorney Jimmy Faircloth, Jindal’s former executive counsel, resigned after two years on the board and was replaced by his wife, Kelly Faircloth, a chiropractor.

Faircloth, while serving on the board, recently was contracted by Jindal to represent the State Department of Education in a pair of lawsuits challenging the state voucher system and the teacher tenure revisions, both enacted last year by the state legislature as part of Jindal’s education reform package.

Faircloth contributed $14,000 and his former Alexandria law firm contributed an additional $9,000 to Jindal campaigns in 2003, 2006 and 2010. Of that total, Faircloth and his firm each contributed $5,000 to Jindal on the same date in December of 2006.

Only one of three re-appointees, Jimmie “Beau” Martin, Jr. of Cut Off, contributed to Jindal. Martin, family members and three family-owned businesses combined to contribute $34,278.30, records show.

Jimmy Long, Sr. of Natchitoches and Winfred Sibille of Sunset were also re-appointed to new six-year terms but neither was found to have contributed to Jindal.

The other four new appointees and their contributions include:

• Gary Solomon of New Orleans, chairman of Crescent Bank and Trust (replacing Renee Lapeyrolerie): $35,000 from Solomon and family members in 2003, 2007 and 2008 and another $7,199 from Crescent Bank in 2007 and 2009;

• Mark Romero of New Iberia, executive vice president of Brown & Brown Insurance (replacing Paul Aucoin of Morgan City): $1,000 from Romero in 2008 and $9,000 by his insurance firm in 2008, 2009, 2010 and 2011;

• Robert Shreve of Baton Rouge, CEO of Gulf South Business Systems and Consultants (replacing Russell Mosely of Baton Rouge): $11,000 in 2007 and 2009 and $1,000 by his firm in 2011;

• John Condos of Lake Charles (replacing Louis Lambert): $20,500 by Condos and his wife.

No one expects any governor to appoint political opponents to state boards and commissions but some elected officials might choose to appoint small-time contributors; appointment considerations with this governor, however, just don’t work that way.

Instead, Piyush has displayed a disturbing propensity to favor the big-dollar contributors in making his appointments and the same old names keep popping up, indicating that his solid core support base may be a smaller fraternity than one might assume.

It’s either that or he simply chooses to bestow appointments on only his biggest contributors and ignore the rest.

Poor Troy Hebert. He just can’t catch a break.

If he’s not placing a former business partner on the payroll of the Alcohol and Tobacco Control Commission (ATC) but who is not required to report to work, he’s placing a person on the payroll specifically for the purpose of visiting lawmakers in the area.

If he’s not requiring employees to stand as he enters a room and greet him with a cheery, “Good morning, Commissioner,” he’s issuing a new directive prohibiting agents from criticizing other agents to the public and media—a clear violation of the First Amendment.

If he’s not cracking down on state cellphone use by ATC agents—even after explicitly informing them that they were free to use the phones for personal use because of their unusually long working hours across the state (and because the phones come with unlimited minutes), he is putting his agency in such a state of disarray that other law enforcement agencies now exclude ATC from participation in raids—a radical departure from past protocol.

If he isn’t taking off to St. Lucia for a week in December of 2010 without taking leave or leave without pay, he’s using state equipment to haul materials to his home currently under construction in Baton Rouge.

And if he’s not purchasing a $10,000 dog ostensibly for the purpose of sniffing synthetic marijuana even though no drug sniffing canine is qualified to locate synthetic drugs (because the chemical ingredients are constantly changing) and then reassigning the agent who went through training with the dog, then he’s pursuing trespassing charges against a person who rescued an emaciated dog from his vacant, unfinished home.

The latest incident involving the former state senator-cum-highly-paid Piyush Jindal appointee revolves around an 11-month Great Dane that Hebert said he was attempting to nurse through an episode of hip dysplasia—by leaving the animal unattended in a vacant house on Christmas Eve.

Hebert is building a new home on South Lakeshore Drive in Baton Rouge and Angie Brumfield of Denham Springs was walking her own dog around the Louisiana State University lakes with a friend. They stopped at the house which had a sign inviting passersby to photograph the home’s Christmas display.

As they waited for others to finish taking photos, Brumfield looked through a window of the unoccupied home which had no curtains.

Inside, she saw the sick gray-and-white female Great Dane lying on the floor. She described the animal as “emaciated, in distress and with bones protruding where they should not be.”

She said she thought the dog had been abandoned and left there to die.

A photograph by the New Orleans Times-Picayune posted on its nola.com http://www.nola.com/news/baton-rouge/index.ssf/2013/01/sick_dog_found_in_baton_rouge.html
showed an extremely sickly animal lying on a floor, with protruding ribs and hip bones.

She coaxed the dog through a sliding door in the rear of the home but never entered the house, she said. She took the animal home, cared for it over Christmas, looked for lost dog signs, and posted a Cragslist ad in an attempt to locate the owner.

She took it to a veterinarian the day after Christmas and the vet discovered a microchip in the dog which indicated it was owned by Hebert.

Hebert said his veterinarian had given pain medication for the dog and instructed the family to monitor the animal’s progress but the dog, named T-Girl, lost considerable weight because of the illness and was able to walk on only three legs.

Brumfield posted a photo of the dog on Facebook, expressed her distress at its condition and named Hebert and his pediatrician wife Dawn Vick as its owners and that’s when the trouble started.

Hebert, who seems to take undue pleasure at demeaning his employees and criticizing them both privately and in the media, took umbrage at Brumfield’s perceived attack on his reputation. “We have done nothing wrong,” Hebert sniffed. “We’re not going to stand back and allow some stranger who broke into our home, stole our dog and is attacking us on a social website when all we’ve been trying to do is deal with a very sad situation.”

Sure sounds like a vicious crime wave to us.

Sad or not, employees of ATC have confirmed that Hebert regularly brought a Great Dane (it’s not certain if it was T-Girl or another Great Dane owned by Hebert) to ATC last summer and would routinely leave the animal in the back of his pickup truck, exposed to the hot summer sun throughout the day with no food or water.

Now, though, he claims that Brumfield may have harmed T-Girl by moving her and keeping her without medication. “We firmly believe that after she took our dog, it made matters worse,” he said.

Hebert reported the matter to Baton Rouge police and Brumfield and her friend now face misdemeanor charges of unlawfully entering premises and unauthorized use of a “movable.”

Apparently, Hebert can do little more these days than pursue those who attempt to aid an animal in distress now that the Baton Rouge Police Department and the parish Alcohol and Beverage Control Board no longer work with ATC.

Prior to Hebert’s appointment ATC regularly participated in raids with other law enforcement agencies but two recent raids—one in Baton Rouge and the other in Lafayette—were carried out without ATC’s involvement.

A retired ATC agent told LouisianaVoice that Hebert “has destroyed an agency that once took the lead in serious investigations.”

The former agent said that agents spent years building relationships with local, federal and other state agencies. “We constantly worked with the FBI, Immigration and Customs Enforcement (ICE), U.S. marshals, military Criminal Investigation Command (CID) and other agencies,” he said.

“Many of us were integral members of Joint Terrorism Task Forces; we were teaching classes on alcohol and tobacco laws in police academies. We were one of the leading agencies in our field. We conducted compliance checks for sales of alcohol and tobacco to underage customers. We worked with the Louisiana State Police conducting DWI checkpoints.

“We trained and worked with local police departments and sheriffs’ offices to conduct their own operations.

“I think all that has been destroyed,” he said.

Hebert was appointed by Jindal on Nov. 23, 2010 and less than a month later he and his wife vacationed for a week in St. Lucia. He took neither annual leave (because he had not worked long enough to accumulate a week’s leave time) nor leave without pay.

When later confronted by state officials, he blamed a subordinate and was allowed to correct the “error” which, in some quarters, might be considered payroll fraud and grounds for dismissal.

He also hired Sean Magee of Jeanerette, a former business partner in a Hurricane Katrina debris cleanup business (while Hebert was still a state senator), to work for ATC but several agents say he never appears at the Baton Rouge headquarters.

More recently he has hired a legislative liaison whose only duties are to visit with legislators—even as he has reduced the number of enforcement positions which in return resulted in ATC’s becoming ineligible for certain federal grants. The agency also has lost its eligibility for sending agents to the FBI National Academy.

His most recent innovation is to craft a personnel policy expected to be released within the next few days that prohibits agents from criticizing other agents to the public or media.

As the head of a state law enforcement agency, perhaps Mr. Hebert should take the time to familiarize himself with the Louisiana Whistleblower Protection Act (R.S. 42:1169), the Louisiana State Employee Governmental Code of Ethics and the Bill of Rights, particularly the pesky First Amendment which guarantees citizens the right of free speech.

By Stephen Winham ©2012

Because the lines have become so blurred recently, we often forget the reason our founding fathers created three separate branches of government in the 1787 U.S. Constitution. It was simple, really – to protect citizens from an abusive, authoritarian government by spreading and providing checks and balances on power. The separation of powers doctrine implicit in the constitution is applied, in varying measure, by both the U. S. and state governments.

While the judicial branch is responsible for preserving the law and resolving legal issues, the legislature is responsible for actually creating laws, including those making appropriations. The executive is responsible for administering these laws. Though the three branches are considered equal, the legislative branch can easily become the most powerful. If this is true, why is the governor so inordinately powerful in Louisiana?

From my perspective, the clearest example of how the doctrine of separation of powers is disregarded in Louisiana is the way the state’s budget is adopted. In many states the legislature considers budget proposals submitted by the governor (the Executive Budget), but then develops its own proposals, often including a document very much like the one submitted by the governor.

In Louisiana, the Legislature accepts the executive branch budget and the original appropriations bills (which are drafted by administration, not legislative, staff) as submitted. Any changes the legislature makes are by amendments to the bills. This should have the value of making a clear distinction between what the governor is requesting and what the legislature chooses to appropriate for state services. However, to the extent the legislature ultimately rolls over and plays dead, as it has over the last 6 years in ways unprecedented since the late 70s, it has ceded its greatest power – that of appropriation – to the executive branch.

The way the budget is handled is far from the only example of how the executive branch overextends its power via a compliant, and some would say, complicit legislature. Again, why is this so? Is it because the governor actually has extraordinary power by law? No, and remember it is the legislature that makes the law in any event.

I believe the legislature actually enjoys and benefits from being controlled by the governor. No matter what happens in Louisiana government these days, an individual legislator can excuse his/her actions to constituents by claiming s/he could not buck the governor, no matter how hard s/he tried. It’s a win-win situation for the legislature and the governor. The governor continues to wield unbridled power and enjoy positive national press while the legislature can quietly blame him for anything that goes wrong. Both the governor and, ironically, legislators are free to take full credit for anything that goes right.

The governor and members of the legislature are elected to serve the people’s interests. When the bulk of power is in the hands of one person, the value of the separation of powers doctrine is lost, including the extent to which the people’s interests are represented. This was apparently treated humorously when our four previous governors met in a recent forum, but it is no joke.

“It is extremely satisfying to see a politician being made the rube by just the kind of sensationalism (in this case satiric) that they seem to adept at manufacturing these days.”

—Blogger Hudson Hongo, who latched onto Congressman John Fleming’s Facebook post, remarking on the Louisiana lawmaker’s falling for a satire story on The Onion about the opening of an $8 billion abortionplex.