Last night. The walkout. The fury.
I missed it. I got in my car and drove to Legislative Hall once the Grant-In-Aid bill was introduced and went to committee around 11pm last night. I arrived at Legislative Hall as the Capital police officer, the same one I see every single time I go there, told me it was over. He also said “They aren’t happy.” I went in anyways and got the scoop from Reps. John Kowalko and Andria Bennett.
Chaos. There is no other word for it. The rally went great, we got a good turnout, and there was a lot of media there. By the time Rep. Kowalko brought the suspension of rules motion to the floor, I had an ominous feeling. Too many of the reps, who know who I am, were not looking at me. The suspension of the rules was seconded, and a voice vote was called. 13 yes, 26 no, 1 no vote, and 1 absent. I can say Rep. Bennett, who was absent, reached out to me a couple weeks ago giving her support for this. Unfortunately she was not able to attend today.
State Rep. Byron Short gave a long talk about standardized testing and how he wants a valid look at what we are doing with state assessments. He indicated this last Spring, but he felt he wasn’t heard. Short was NOT talking about the assessment inventory currently going on, but the state assessment.
State Rep. Debbie Hudson indicated she had brought two bills to be filed regarding opt-out, but they were not filed before today’s session. She indicated that they had “wasted their time” on House Bill 50. Speaker of the House Pete Schwartzkopf indicated the bills would be filed today. Rep. Kowalko indicated he wanted House Bill 50 put on the ready list. This means it would come to a full House vote… if Schwartzkopf puts it on the agenda. If anyone wants to know what this means, Kilroy got Hudson to introduce legislation in the 147th AND 148th General Assembly. Both times it went out of the education committee, but Schwartzkopf NEVER put it out for a full House vote.
I made a point to thank as many of the legislators who voted yes on the suspension of rules that I could. I went up to Rep. Hudson and told her flat-out, “I’ll be sure to tell my son who was physically assaulted nine times after I opted him out that you thought this was a worthless bill.” She came up to me and Yvonne Johnson, Teri Hodges, and Ashley Sabo and indicated she wanted to show us the new bills. As we ventured down into the Republican office, I had a bad feeling in my stomach again. This feeling was soon realized when State Rep. Mike Ramone, with a huge smile, showed me House Resolution #22.
While this certainly looks good, as I wrote a couple weeks ago, a House Resolution in Delaware is not enforceable and it is only passed by one chamber. So while it looks like the answer, I knew it was not. Then I was given a copy of the as-yet unnumbered House Bill 243.
Again, it looks great and it stops the DOE from implementing opt-out penalties against schools on the Delaware School Success Framework, or the school report card. Fantastic! NOT! Here is the fatal flaw. The DOE already submitted their ESEA waiver at the end of November. They will most likely get that back in the next few weeks. That is then tied to Federal Law, ESEA, which does not expire until the end of this year.
So the unenforceable House Resolution and the bill that would get tied up in education committees and protects schools more than parents and students, is not a win at all. I don’t view either of these as good solutions to House Bill 50. But the very bizarre nature of today is yet to come. While all this is going on, there was a corporate tax bill introduced by Valerie Longhurst the other day. It gets fast-tracked out of the appropriations committee, but it still requires a suspension of rules to get to a vote today. Now this is a bill, who many legislators told me, would NEVER be introduced by a Democrat. Longhurst is a Democrat. Longhurst is very loyal to the Governor, who suggested this last week. So it is more than obvious this bill is coming from Governor Markell.
As the legislators were in caucus discussing all of this I’m sure, I sat with the PTA and legislators slowly drifted out. The Republicans two bills were talked about, and originally Reps. Williams and Kowalko were willing to be co-sponsors on it. However, two other legislators informed us the House Resolution does nothing, and the House Bill does nothing for parents. It protects the schools. As well, without support from the Senate, House Resolution #22 is just a piece of paper. To get something with strong support from both sides that would not require the Governor’s signature and is enforceable would be a concurrent resolution. Legislative Hall is a funny place. If you are at the right place, at the right time, you can hear people talking. There are enough columns and stairs and hallways on the first floor of that building. I heard folks talking about HB50. And HB235. And how the Republicans will get that. It is more than obvious there was a deal made. Most likely from Governor Markell himself.
Back to legislative session. Secretary Godowsky, Susan Haberstroh (from the DOE), Lindsay O’Mara (Markell’s Education Policy Advisor), and State Rep. Earl Jaques are huddled around each other. To be a fly on that wall! I made a point to talk to Rep. Charles Potter about House Bill 56, the charter school “freeze” bill where no new applications for charters in Wilmington could be submitted until the state figured out what to do with all this transition. I advised him of the Wilmington charters that are submitting modifications to increase their enrollment and add grades. He said he would take a look at that. House Resolution #22 was introduced and floated around to the legislators. Rep. Joe Miro is the primary sponsor. Which told me the House Republicans behind this were still going through with their idea. Schwartzkopf said House Bill 50 is now on the ready list. But once again, the ready list can either be a full House vote or the limbo list like Kilroy’s bills. State Rep. Stephanie Bolden talked about House Joint Resolution #10 which is a bill whereby Delaware officially apologizes for slavery. I fully support that bill, however the discussion that ensued from some legislators, especially the one who talked about honoring the rights of people and the other who talked about the Bible and scripture, you know, the book that actually does go into parental rights quite a bit, I found it all to be a little hypocritical given their earlier votes. After that ended (which passed), House Bill 235 came up. The corporate tax bill. The suspension of rules was put forth by Longhurst, and seconded by a few voices in the chamber. Kowalko asked for a roll call. And it came, numerous yes votes. Many who VOTED NO ON THE SUSPENSION OF RULES FOR HOUSE BILL 50. I kept track of all of them and published it right away. Aside from the one Yearick vote I messed up, they are all here. As I was getting ready to walk out the door, Rep. Mike Ramone whispered to me about how Kowalko goes on and on and their bills are better. I whispered back to him, “I don’t trust any of you.” As I walked out of Legislative Hall today, with House Bill 50 in limbo, crappy bills trying to take its place from Republicans so desperate not to get publicly thrashed over their vote today they would thrown anything to the wall to see if it sticks, a clear indication of who in the Delaware House cares an iota about parents and who doesn’t, and knowing the PTA would support these upcoming bills, I just smiled.
After a nice dinner with my wife and son and a trip to Toys R Us, I came home to a billion Facebook notifications, tons of emails, and knowing I had to write this. House Resolution #22 passed after I left. So did House Bill 235. The Delaware PTA issued a statement on today’s events, which once again, looks good to read…
All Is Not Lost With The Parent Opt-Out- Discussion Still On The Table
It is important to remember that we had 3 primary goals with HB 50:
Even with all the events that took place today at Legislative Hall, we are still primed to meet those goals, and it is looking like that is going to happen! Interestingly enough, we spoke with enough legislators today to see that they are definitely not supporting the Governor’s agenda and firmly believe that parents and schools should be protected during the opt out process.
As a recap to the events today at Legislative Hall, the House voted against a suspension of House rules on HB 50. While we are disappointed in our legislator’s actions, we do not see this as a loss. After conversations with multiple legislators with regards to their vote, we were informed that if HB 50 and been voted down under a suspension of the House Rules, the bill would have been dead. Given the mood in Legislative Hall today, it is likely that the bill would not have passed. HB 50 has been placed on the House Ready list.
In an unexpected turn of events, the House Republicans informed us of their intent to introduce legislation that would prohibit the state from using participation rates against a school or district. Delaware PTA supports this. The bill has been filed as HB 243. (See Below)
They also introduced a Resolution that prohibits schools and/or districts from penalizing students/parents from opting out. In addition, it requests that the Department of Education develop several options that outline a uniform opt out process. (See Below). Although a Resolution cannot mandate action from the Delaware Department of Education, Representatives Miro and Jaques both confirmed that they had spoken with interim Secretary of Education Dr. Godowsky and that he has committed to following the resolution and developing several options for a statewide process on parent opt out. In addition, our Vice President of Advocacy spoke with Dr. Godowsky to request parent input on the development of these options. We were informed that even though the Secretary cannot be compelled to act under this resolution, he has indicated that he will do so and he has the authority to mandate compliance from the schools/districts.
Everyone should be very proud of the energy that they put into advocating for parent rights, but our work is not done. We have never seen so many parents and teachers come together on a single issue as we have with the Parent Opt Out. We realize that sometimes compromise is necessary to achieve the ultimate goal. Our goal is to ensure that neither schools nor districts can send threatening letters to parents choosing to opt their child out of the assessment. We want to make sure that every district respects a parent’s decision and that they clearly communicate the parent’s options with regards to opting out of the state assessment. Our message was definitely received. We will continue with our advocacy with the same amount of fervor that you have seen over the last several weeks. We must keep the pressure on, so please keep sending those emails to your representative. We will be reevaluating and disseminating the next steps in our advocacy plan in the coming days and weeks.
Thank you to everyone that has supported parent’s rights and our advocacy efforts.
Delaware PTA
I truly have to think this one through. Our legislators could have passed HB50 in the House today. They could have overridden the veto in their chamber. They chose not to. So now we have Republicans, obviously working with Earl Jaques of all people and the DOE and the Secretary of Education, and not telling anyone about this, for weeks (I know this because Mike Ramone told me they have been working on this for a while. When I said you could have given me a heads up, he said “We couldn’t.” Makes sense, get the crowd to show up for the rally, stick the knife in parents and students backs, and then try riding in on the cavalry saying “We have something better!” Nice try. First off, I don’t trust Dr. Godowsky. This is the man who said “looks like harsh opt-out penalties won’t rule the day” and then said he is recommending those very same opt-out penalties with no logical justification as to why. Second of all, he indicated he “has the authority to mandate compliance from the schools/districts”. If he has this magic wand, why hasn’t it been used already? Why didn’t Mark Murphy use this all of a sudden too great to be true authority? Why does it take all of this for them to get it? And would I ever trust anyone at the DOE to determine opt-out policies for our schools and districts? Furthermore, the PTA newsletter indicates a request was made to Godowsky to have parents as part of this process. There is no answer from Godowsky on that very important issue. Many parents who have opted their children out do not belong to the Delaware PTA and do not believe everything the Delaware PTA believes in. And the due date for these “policies” is “on or before May 1st”, well into the testing window for Smarter Balanced when most students have already taken it or are finishing up. Not a lot of protection for parents. Not a lot to protect students. Nothing to indicate schools will honor the spirit of this.
So where do we stand with opt-out in Delaware? Pretty much the exact same place we were a year ago. So once again Delaware parents, I beseech you to search within your hearts to do the right thing, and make the right choice for your child like I did with mine. And I pray none of you have to experience what happened as a result of my decision. As always, I am here to help and guide, and call out any school who gives you a hard time if that is what you wish.
For the citizens of Delaware, I would take a very strong look at my post about the votes today. I would look at those districts, and if you know anyone who wants to run, tell them to do it. If they are on the fence, explain how those House reps went against parents.
For the House Reps who voted yes today on the suspension of rules: thank you. For those who voted no on those rules for HB50 and yes on the rules for HB235, everyone will know. I will make sure of it, every day if need be. You betrayed parents today. We heard you, loud and clear. And don’t think for one second that your “rescue legislation” means anything. It is tied to the DOE, Markell, and tainted in legislative blood money. This is not solely directed towards Republicans, but Democrats as well. All of you who did this today. The 13 who voted yes are safe. Rep. Bennett is safe. The rest… I have no words…
These are the things revolutions are made of. This is how America was made. When the rights of the people are violated, they will demand change. And it will come. Nothing stinks more than betrayal. I told all of you, a vote of no on a suspension of rules is the same as a no vote on the override. You lost the right to say “I would have voted yes” because you hid behind another vote. Your motivations and affirmations are gone. They don’t matter. You played cards with the devil and now you are on the table. You are all cowards and weak, all 27 of you. And trust, that is gone with me and MANY others.
One last thing, for those who mock John Kowalko, I want to make something clear. Don’t whisper in my ear about him. Don’t talk about how he shouldn’t be in that chamber. This is an honorable man. He has conviction and passion. He will fight like a dog, but he will do it with honesty. Compared to what I saw from many of you today, I would take that any day of the year. House Bill 50 was NOT a waste of time. It was a simple bill, grounded in what is best for students and parents. It wasn’t based on what the DOE wanted to do. It wasn’t based on what was best for the districts and charter schools. It was about parental rights and students. I believe you all knew this. Which makes what you did today so horrible, and morally wrong.
And Jack, don’t think you are slipping away. As the rumor mill talks about your upcoming job at Alliance for Excellent Education, a corporate education reform company that has more Kool-Aid coming out of each word in its website than I have ever seen before, and the rumor mill talks about a crazy thought about you actually getting a payout to make sure House Bill 50 didn’t go through, be assured I will find out the truth to ALL of that. You and I aren’t done yet. You may be fooling people into thinking you are done in a year and you are just winding down, I know you are at your most dangerous now. I know you fear opt-out more than anything that has ever come before your desk. We both know what opt-out does. How it undermines what you and your buddies have planned. For our children. I know. I am not fooled. Everything you touch is tainted with this plan. Delaware children are not your children. And tell your buddies, America’s children are not their children. You will all be hearing from us VERY soon, you can take that to the bank.
The Delaware 148th General Assembly returns to legislative session on January 12th, 2016. The General Assembly meets in public Tuesdays to Thursdays from the 2nd Tuesday in January until June 30th (or whenever the State Budget passes). The General Assembly is divided into two houses: The House of Representatives which has 41 State Representatives and the Senate, with 21 State Senators.
The House of Representatives:
Speaker of the House: Pete Schwartzkopf, House Majority Leader: Valerie Longhurst, House Majority Whip: John Viola, House Minority Leader: Daniel Short, House Minority Whip: Deb Hudson
House Committees: Agriculture, Appropriations, Capital Infrastructure, Corrections, Economic Development/Banking/Insurance/Commerce, Education, Energy, Ethics, Gaming & Parimutuels, Health & Human Development, House Administration, House Rules, Housing & Community Affairs, Joint Finance, Judiciary, Labor, Manufactured Housing, Natural Resources, Public Safety & Homeland Security, Revenue & Finance, Sunset Committee (Policy Analysis & Government Accountability), Telecommunication Internet & Technology, Transportation/Land Use and Infrastructure, Veterans Affairs
The Senate:
President Pro Tempore: Patricia Blevins, Senate Majority Leader: David McBride, Senate Majority Whip: Margaret Rose Henry, Senate Minority Leader: Gary Simpson, Senate Majority Whip: Greg Lavelle, *normally, the Lieutenant Governor is the President of the Senate but since there is no Lieutenant Governor since Matt Denn became the Attorney General, the President Pro Tempore holds the function.
Senate Committees: Administrative Services/Elections, Adult & Juvenile Corrections, Agriculture, Banking and Business, Bond, Children Youth & Families, Community/County Affairs, Education, Energy & Transit, Ethics, Executive, Finance, Health & Social Services, Highways & Transportation, Insurance & Telecommunications, Judiciary, Labor & Industrial Relations, Legislative Council, Natural Resources & Environmental Control, Permanent Rules, Public Safety, Sunset, Veterans Affairs
Bill Process:
The below chart as shown on the General Assembly website, shows what happens when a bill is introduced. Prior to a bill being filed, a State Representative of the House or a State Senator writes a bill. They send it out to their fellow legislators for sponsorship. It is very typical to see a bill co-sponsored by a House Rep. and a Senator. But wherever the bill originates from this is the chamber it is heard in first.
Other Legislation:
The House and Senate both have Resolutions, Concurrent Resolutions, and Joint Resolutions. A resolution refers to a matter within either the House or the Senate, not both. A concurrent resolution is not statutory, meaning it does not change anything in the law. For example, the Senate in the 147th General Assembly passed Senate Concurrent Resolution #63, which created the IEP Task Force. The House had to approve it as well, but it didn’t have legislative power in that the task force created from it could create law. They recommended different things which then became Senate Bill 33 in the 148th General Assembly. A Joint Resolution has to be signed by the Governor once it passes both chambers. As per the General Assembly website, “a joint resolution is not a law but is used to employ temporary measures and has the force of law while in effect.” A recent example of this would be the Senate Joint Resolution #2 Assessment Inventory Committee. The Senate handles Nominations. These are typically nominations from the Governor. It could be for committees outside of Legislative Hall, or even a Cabinet position, like the nomination hearing for Dr. Steven Godowsky at the end of October when he became the Secretary of Education for Delaware. It can be very typical to see the Senate reconvening during their “off time” for a set of nominations.
Many bills are introduced, get assigned to a committee, and they just sit there. Nothing happens with them. Or it could be released from committee and goes on what is called the “ready list”, meaning the full chamber can vote on it. But before the vote, it has to be put on the agenda, and either the Speaker of the House or the President Pro Tempore for the Senate holds the power to determine what gets put on the agenda and what doesn’t.
Most committees meet on Wednesdays, but some do meet on Tuesdays or Thursdays. Committee meetings are open to the public and you do have the ability to give public comment in most situations. The House releases minutes of their committee meetings but the Senate does not. In the Senate as well, committee members do not have to be present at a meeting to release legislation from committee. For both chambers, there is no set time for committee meetings each week. The only requirement for public notice is for these meetings to have an agenda at least five days prior to the committee meeting and list of which legislation is going to be discussed. That is not always a guarantee the legislation will be heard in that committee meeting, which happened with House Bill 50 last year in the Senate Education Committee. It was heard a week later, but there was also a very full docket of bills on the first agenda. In terms of education legislation and committee meetings, I will be posting all of that on here, along with agendas and meeting times. But for other committees you may be interested in I strongly suggest bookmarking the General Assembly website.
For the most part, the voting action by the full House or Senate takes place on Tuesdays and Thursdays. The typical day consists of both chambers opening up at 2pm. This is open to the public, and this is where you will see House or Senate business discussion as well as “honorary” legislation. As an example, House Concurrent Resolution #36 recognized Tourette Syndrome Awareness month. When this part of the session ends, the House and Senate go into Caucus. This is driven by the political party so the Democrats go to their caucus and the Republicans to their own. Typically, the legislators return to session at 4pm, and this is where legislation on the Agenda gets a vote. The public can attend but they are not allowed to speak to the legislators once the session begins until either a recess or termination of the session.
In my experience at Legislative Hall, I have found all of the legislators to be nice people. They are all friendly and responsive to the public. Even the ones you may be at odds with over issues. They are also insanely busy, exponentially so as the months go by. The best way to get your concerns out is to contact your district State Representative or Senator, but I talk to a lot of legislators not in my district. If you go to the top of the stairs at Legislative Hall, you will see chairs in the lobby. This is where you see a lot of folks dressed very nice, usually huddled in conversation or very quiet, just waiting. These are the lobbyists. Their job is to sway votes for certain issues for their bosses. There is no easier way to put it.
If there is certain legislation you may want to see, understand a State Rep. or Senator most likely isn’t going to just jump on it. My best advice would be to get others involved who may want to see the same type of legislation and have them contact the legislators in your district. Your chances are better if your issue becomes their issue. That doesn’t always happen with one voice, but several. If, for some reason, you don’t feel your district legislators are responding, it may help to reach out to another legislator. It is a very tricky process. I would present your collective idea with research to back it up and make sure it is something that could be done without changing the Delaware Constitution. Legislation stating Delaware would now have three Governors or five chambers in Legislative Hall just isn’t going to happen!
The General Assembly works in two year blocks of time. We are entering the second half of the 148th General Assembly, so any legislation that doesn’t pass or doesn’t receive a vote by June 30th is dead. Any legislation still active or pending from the first half of the 148th General Assembly is still alive, even though the legislators were in recess (with a few exceptions) for six months. In 2017, the 149th General Assembly will begin, which will run until 6/30/18. The entire House of Representatives is up for re-election every two years. Senators typically have four-year terms. This year, 11 out of the 21 Senators are up for re-election.
Getting involved in the legislative process is not as hard as it seems. Your voice is important. Find other voices that feel the same and let them be heard. Showing up in person is usually the best, but emails, phone calls, and Social Media are just as important.
Today, ten Delaware House Democrats signed a letter to Delaware Governor Jack Markell asking him to remove the Smarter Balanced Assessment for high school juniors. The letter also mentions Senate Joint Resolution #2, the assessment inventory task force.
We recognize that, by your order, the Department of Education is in the midst of creating an inventory of standardized tests administered throughout the state. Pursuant to Senate Joint Resolution 2, signed into law in July, the department will share its findings with legislators and the public, as well as a special work group that will make recommendations regarding possible elimination of redundant tests. While opinions will differ among stakeholders, we believe there is universal support for eliminating the Smarter Balanced test for juniors in lieu of the SAT.
I fully accept that this is Governor Markell’s order. He came up with the “assessment inventory” idea back in March. It is a red herring though. I firmly believe it will get rid of many assessments that give immediate and crucial feedback for teachers in how best to instruct their students. I also predict it will see an increase in “prep” and “interim” Smarter Balanced Assessments. The move towards personalized learning will allow for the eventual elimination of the nine-hour test (or longer depending on the individual student’s needs). But it will not get rid of the basic flaws in SBAC, nor will it eliminate the time taking the test. Instead it will eventually be in shorter doses but will be just as harmful to students.
There should be universal supporting for eliminating SBAC for ALL grades. I would caution parents not to be fooled by this letter. This is not a direction where the Smarter Balanced Assessment will gradually be removed. It does not address the fundamental and core issues of what is wrong with Smarter Balanced. I fear this is another attempt to sway legislators from voting for the House Bill 50 Veto Override. This does not get rid of the issue of parents opting out except for those who have 11th graders. The SAT is on a downward slope in many states, and now that they are “aligning” it with Common Core, that trend may increase.
Do Not Be Fooled by this Delaware parents! The DOE has been planning this for over a year IN RESPONSE to the opt-out movement. They knew 11th graders would have the highest opt-outs. But it is still implemented in 3rd to 8th grade. The assessment inventory task force is also stocked with many who will align with the Governor’s flawed logic about standardized assessments. It wouldn’t shock me if the DOE already wrote the report on it and they are just waiting on the group to tweak it here and there. I will still fight for the House Bill 50 Veto Override and support parents who choose to exercise their choice to opt their child out of the Smarter Balanced Assessment. I have been calling out the “assessment inventory” ruse since the Governor first started talking about it last March.
Holy smokes! Not sure which one I was more surprised to see, the one about Valerie Longhurst or the one about the General Fund Race To The Top 8!
Starting with Longhurst, The News Journal covered a “scathing email” situation Longhurst sent out to a University of Delaware Professor when the U of D employee questioned the General Assembly about raises given to certain employees at Legislative Hall. The employee, Ms. Fran Fletcher, is well-known in Delaware as a mediator. I have seen her at the HB90 Enrollment Preference Task Force and found her to be a very reasonable woman. She is frequently called on by the Delaware Department of Education to mediate IEP meetings when parents and schools cannot agree on IEP issues. If the allegations surrounding Longhurst’s response to Ms. Fletcher are true, that goes way beyond a constructive response to a constituent. I would say it was filled with veiled threats to someone who dared question a legislator over a controversial issue.
Meanwhile, The Delaware State News jumped on the eight Race To The Top positions that I wrote about on Monday but they even had a quote from one of the employees who should have been cut but now seems to be working in the Executive Branch. Shana Young said:
“While it does not have the authority to create new positions, the Department of Education, like all state agencies, has the authority to reclassify vacant positions,” Ms. Young said. “So, in the case of these eight positions, they were reclassified into existing vacancies in the department.”
It seems members of the Delaware Joint Finance Committee were not too happy about this news either based on the article. I really thought the DOE would be raked over the coals by the General Assembly during their last legislative session. Perhaps we should gear up for an even bigger fight this year! But the bigger fight may go down with the House Dems!
The Season Of Myths 