This will not be good. It will be a backwards step for Delaware education.
This is entirely in the rumor stage, and I don’t even have a cold confirmation, but Donna Johnson’s replacement for Executive Director of the State Board of Education will be…
The State Board of Education still has four members. Which is their quorum amount. Governor Carney, with ten days left in the 149th General Assembly, has not put forth ANY nominations for replacements. Delaware State Code mandates four members on the State Board. If Carney does not put forth nominations until after the General Assembly goes into recess from July 1st until mid-January 2019, he could order the Delaware Senate back into session to confirm nominations. That isn’t unusual but typically doesn’t happen until October when it does occur. Which means our State Board of Education is operating at a bare minimum for the next four months. Which means if just one member doesn’t attend a meeting they can not take action on any item, even approving their minutes.
I have an extreme issue with keeping this body at four members. Any regulation or appeal the State Board hears would only have four members voting. One no-show could shut something down very fast. It is a recipe for disaster. Simply put, they cannot operate the way they are supposed to. As an example, what happens if Secretary of Education Susan Bunting decided to put a charter school on formal review for some reason? The State Board would have to vote on that. Is four members enough to give that conversation the full weight for a matter that serious? There is a reason there are seven members.
I was told by Jon Sheehan, Governor Carney’s Education Policy Advisor, the State Board of Education would be restored by June 30th. So where are the nominations? Since there are none today, that leaves one last Senate Executive Committee meeting to do this, which would be next Wednesday. At that point it is the last week of the General Assembly. I would worry about the quality of the nominations if it is rushed at the last-minute.
Two weeks ago, the Joint Sunset Committee released the State Board of Education from Sunset review. The only unanswered question is who the State Board’s Executive Director will report to- the State Board, the Delaware Department of Education, or a hybrid of both. Meanwhile, the deadline for applicants to replace Donna Johnson expired June 9th. Which means someone will most likely get that job soon. But will there even be a functional State Board of Education for them to direct?
I still feel as though the State Board of Education should be elected by the people. Having a Governor hand-pick who he wants on the State Board of Education all but ensures people will get picked who would follow his agendas. It is something our legislators could change but nobody wants to tick off the Governor. Many of them agree but lack the stones to actually do it. I say have an elected State Board of Education and get rid of “Secretary-only Regulations”. Those are the ones, like Regulation 225, that the State Board of Education does not vote on. Which is preposterous in my opinion.
Updated, 3:37pm: I spoke with Jon Sheehan a short time ago who assured me that three nominations will be introduced next week and he anticipates a full State Board of Education by June 30th.
A year ago, Governor Carney nominated Dr. Dennis Loftus to take over as State Board of Education President. Replacing Dr. Teri Quinn Gray, Loftus served in the role for a year. At the end of this month, sources tell me Dr. Loftus is resigning from the position.
No nomination for his replacement has been announced at this point. As well, even though Donna Johnson officially resigned a couple of weeks ago, no replacement has been announced for the Executive Director role for the State Board of Education. The State Board is still going through sunset review with that committee at Legislative Hall.
The State Board underwent many changes in the past year with four new members (including Loftus) and a now vacant role of Executive Director. It doesn’t look like that facelift is going to stop any time soon with the resignations of their Board President and their Executive Director. The State Board of Education is a different entity than the Delaware Department of Education. Any State Board members would be nominated by the Governor and then have to go through a confirmation process with the Delaware Senate. The only exception to that rule is the President which is picked solely by the Governor but there is no designated term for that role and serves at the pleasure of the Governor. In addition, the State Board themselves would pick a new Executive Director.
What is the reason for this massive amount of turnover? In January long-time board member Pat Heffernan resigned unexpectedly after an explosive board meeting about the diploma bill. Heffernan was deeply opposed to the legislation which would do away with certificates of performance or attendance for the most severe cognitively-challenged students. Governor Carney signed the bill last month. Other new members came about through prior board members ending their term. But to have the President of the State Board resign after less than a year says something!
Delaware Governor John Carney’s office was packed at 1:30pm today when parents, students, school employees, and advocates came to watch him sign HS1 for House Bill #287, the diploma bill.
State Rep. Kim Williams and Senator Nicole Poore thanked everyone for all their hard work on the bill. Both were close to crying with joy as they explained how much this bill will mean to this special class of exceptional students. Delaware Secretary of Education Dr. Susan Bunting thanked everyone for their contributions to the bill. State Board of Education Executive Director Donna Johnson and DSEA Legislative Liason Kristin Dwyer talked about how they approached Williams and Poore about the bill. Woodbridge Special Education Director and Special Education Strategic Plan Advisory Group Chair Michele Marinucci said she has waited twenty years for this bill to become law.
But the best part was listening to the students who will benefit from this bill. Hearing the joy in their hearts as they thanked the room for their chance to get a diploma made all the battles with this bill worth it. One of Carney’s aides said there hasn’t been this many people in his office since the budget bill passed last July! Even Carney was very moved about the response to his signing the bill. He even joked that he wants the ability of the Spec Ed Strategic Plan’s Advisory Committee to get along to come to Legislative Hall!
I’ve been to a few bill signings in my day but this was easily the best! Good things do happen in education. I was happy to fight for this bill and report on it as much as I did. No students will work harder than these awesome kids and they deserve it! Today was a great example of the a wrong being fixed for the benefit of all- students, schools, and businesses. Today, I was proud to be a Delawarean and even prouder to see this bill become law.
The bill will allow students with the most extreme disabilities to earn a diploma with modified standards in lieu of a certificate of attendance. This became a huge issue when some of these students would fill out job applications and couldn’t check the box about having a diploma. Many businesses in Delaware lost the chance to hire these hard workers because of that. But more important, it was missed opportunities for these students. Truly a blessed day at Legislative Hall!
Donna Johnson has been the Executive Director of the Delaware State Board of Education for the past nine years. Very soon, she will be exiting that post to begin a new position in Washington D.C. She will be joining the Office of State Superintendents in May.
I know Donna has been a huge figure on this blog over the years and I’ve thrown quite a few punches at her over the years. But on a personal level she has always been very kind to me despite those punches and even helped me out on a few occasions. So the best of luck to Donna Johnson in her new job! Meanwhile, the wheels on the Delaware education bus keep spinning round and round!
Donna’s last State Board of Education will be next Thursday, April 19th. No word on a replacement for her at this point.
As per the Delaware Department of Education website, the DOE employs 241 people. 66 of them make over $100,000 based on a Freedom of Information Act request I submitted to them on February 28th. This is eight more than what the News Journal reported four years ago. At that time, the DOE had extra employees as part of their limited Race To The Top federal grant.
At the Delaware Department of Education building in Dover, the Charter School Accountability Committee recommended Delaware Academy of Public Safety & Security stay open for another school year with very stringent conditions. At that point, Colonial’s Board of Education could very well decide to take over their charter. Queen Margie once again made it all about her. But the discussion that reached this point was very intense. Much more information here than you will find in the Delaware DOE press release.
For a few months there, I had a great source at the Delaware Department of Education. When Delaware MET went down at the end of 2015, there was a lot I didn’t publish about what was going on there. You will find out why shortly. I’m glad I trusted my gut and didn’t send Wilmington into chaos mode. The below emails, between Dave Morgan and myself, not only shed a lot of light on Delaware MET, but also the Delaware DOE itself. Different names are thrown around in these emails. Going back and reading these is always fun! The last email between Dave Morgan and myself is particularly enlightening given that DAPSS is finally under formal review. The incompetence at the DOE is plain to see in these emails. I wish I could have met Dave in person. I probably did but didn’t know about their secret alias with me. I’ve had a few suspicions over the years, but have been unable to prove it. Some parts of these emails I redacted for a few reasons. That’s my business!
Aside from the controversial Special Education Strategic Plan presentation and Delaware Academy of Public Safety & Security going under formal review, what else happened at the January State Board of Education meeting? This is what goes out to legislators and all those important education folks in the state!
January State Board Meeting Highlights
The State Board of Education held its Regular Monthly Board Meeting on Thursday, January 18, 2018 at 5:00 p.m.
All materials and presentations from the meeting can be accessed on the online meeting platform posted within each month’s agenda as posted on our website (www.destateboarded.k12.de.us ).
The audio recording from the meeting is now posted on the State Board website. An index of the recording with live links by section is copied below.
· Board President, Dr. Dennis Loftus, discussed his attendance at the Governor’s State of the State address earlier in the day and provided a recap of the key points involving education. The Executive Director presented her report which included discussion of the latest publication by NASBE which focuses on Early Learning. A link to the publication as well as a few other articles regarding accountability plans across all 50 states according to ESSA plans and an interesting approach to chronic absenteeism. Her posted report called “News Updates and Information” is provided monthly. There will soon be a link added to the home page for easier access to these reports and local and national articles related to education issues which are provided for review by the Board and public. Ms. Johnson then updated the Board on the work related to the Literacy Campaign and highlighted the upcoming meetings for the steering committee and subcommittees of the Campaign for Grade Level Reading.
· Secretary Bunting provided a comprehensive report to the Board which included details about several school visits and opportunities to engage with members of the business community and other policy leaders, meetings with school administrators, educators, and students in which she had been involved throughout the month. These visits included meeting with the School District Consolidation Task Force Academic and Student Needs Committee where they discussed the state’s EL Strategic Plan. She also had the opportunity to recognize the outstanding achievement of 4 schools for Continued Excellence and identified 15 as Recognition Schools. Recognition Schools receive a banner to display in their school as well as $8,000 to further advance learning at their schools. She highlighted her involvement at the P-20 Council, Governor’s Cabinet meeting, Family Service Council, and the G.E.A.R meeting.
· The Board received a presentation from the 2018 DE State Teacher of the Year, Virginia Forcucci. Following her presentation and discussion with the Board they honored her with the SBE Award of Excellence.
· The Board received a presentation on the Special Education Strategic Plan from the co-chairs of the Special Education Strategic Plan Advisory Council, Dr. Michele Marinucci and Bill Doolittle. Board members discussed the development of the plan and asked questions regarding the goals and metrics within the plan. Additional information and resources from the presentation were provided on the agenda page for this item.
· Department Regulations
o Regulation 925: Children with Disabilities Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs was presented for final action. There was discussion regarding the comments received from the GACEC and Statewide Disabilities Council as well as the fact that this change was only addressing one aspect of the regulation to align with federal requirements. The Board was informed that a broader group of stakeholders are currently working on revisions to further update the rest of the regulation and that this regulation may be before them again with more comprehensive changes in the near future. A motion to approve the regulation as presented for final order was made by Mrs. Rutt and seconded by Dr. Whittaker. The motion passed unanimously by voice vote with one abstention (Mr. Rushdan, who was just confirmed to the Board the prior day and not a part of the prior month’s discussion of the regulation).
o Regulation 501: State Content standards was presented for final action. The amendments included the addition of statewide K-12 Financial Literacy and Computer Science standards. The public comment received as well as feedback received through the community engagement sessions held by the Department was shared with the Board. There was discussion regarding the date in regulation for adoption and how that was different from the full implementation date of these standards to be integrated and aligned with curriculum. It was explained that the date in regulation is the date that the standards would officially become the state content standards and that the implementation of those standards into professional development for teachers and integrated and aligned with curriculum would follow a similar timeline trajectory has was used for the Next Generation Science standards. A motion to approve the regulation as presented for final order was made by Mr. Heffernan and seconded by Mrs. Rutt. The motion passed unanimously by voice vote with one abstention (Mr. Rushdan, who was just confirmed to the Board the prior day and not a part of the prior month’s discussion of the regulation).
o Following the approval of Regulation 501, the Board took a moment to thank Mr. Michael Watson, Chief Academic Officer, for his many contributions to improving education for children in the state of Delaware. It had been announced the prior month that this would be his final State Board meeting before leaving the department. The Board recognized him for his service and awarded him the State Board’s Award of Excellence.
o Regulation 1008 DIAA Junior High and Middle School Interscholastic Athletics and Regulation 1009 DIAA High School Interscholastic Athletics were presented to the Board for discussion. These regulations are out for comment during the month of January and will be back before the Board in February for final action. The DIAA Executive Director and legal counsel addressed questions from the Board members regarding the proposed changes which dealt with Officials organizations and Foreign Exchange and International Students’ eligibility.
· The Board received public comment from two individuals commending them on the decision to approve regulation 501 and adopt statewide Computer Science standards for Delaware.
· John Carwell, from the Charter School Office, presented the Department’s request to place Delaware Academy of Public Safety and Security on formal review.
o At the December 18, 2014 meeting of the State Board of Education, the charter for DAPSS was renewed with the following conditions:
§ 1. The school shall attain a rating of “Meets Standard” on the Academic Framework for the 2014-15 school year; and
§ 2. The school shall attain a rating of “Meets Standard” on the Financial Framework for the 2014-15 school year.
o In SY 2014/2015 Delaware implemented a new system of accountability known as the Delaware School Success Framework (DSSF) and was permitted by the U.S. Department of Education to use this school year as the year from which to measure academic achievement and progress. Due to this waiver, DAPSS was provided an additional year to satisfy its conditions.
o In SY 2015/2016, Delaware changed the academic assessment for high schools from Smarter Balanced to SAT. Due to this change in academic assessment, DAPSS was provided an additional year to satisfy its conditions.
o In SY 2016/2017, DAPSS failed to meet academic standards in three of the four DSSF metrics and showed a decline in both academic achievement and academic growth.
o As for financial standards, in SY 2014/2015, SY 2015/2016, and SY 2016/2017, DAPSS failed to meet financial standards.
o In 2015-2016, DAPSS was approved for a modification to decrease enrollment. Despite this decrease, the school did not meet the 80% requirement for enrollment by May 1st for SY 2017-2018 enrolling only 77% of its projected population. As of September 30, 2017, DAPSS enrolled 228 of their projected 340 students or 67% of their approved enrollment. Since September 30, 2017, DAPSS’s enrollment has again declined. The school currently has 217 students enrolled.
o This is the third year that the school has shown a decline in enrollment going from 303 students in SY 2015/2016 to 217 students SY2017/2018. With a 2018 graduating class of 47 students, 49 choice applications, and one withdrawal at the time of this report, it is doubtful that DAPSS will meet the Financial Framework standard this school year.
o After considering these potential violations of its charter, the Department as approving authority, has determined that DAPSS should be submitted to formal review to determine whether the school is violating its charter and whether there are grounds for remedial measures. The Department is seeking the assent of the Secretary and the State Board for this action.
· The Secretary of Education following this outline of performance and concerns regarding the compliance with their charter stated, “Delaware Academy of Public Safety and Security appears to have failed to meet the conditions of its charter renewal and should have the opportunity for a rigorous review of the school performance. Therefore, as Secretary of Education, I assent to placing Delaware Academy of Public Safety and Security on formal review. In accordance with 14 Delaware Code Section 511(c), I seek the assent of the State Board of Education to the decision to place Delaware Academy of Public Safety and Security on formal review.”
· Dr. Loftus asked for a motion to assent to the formal review of the charter for Delaware Academy of Public Safety and Security. The motion was made by Mrs. Sorenson and seconded by Mr. Heffernan. After discussion of the Board which involved discussing the process that is included during formal review the motion passed unanimously by voice vote.
· The charter office also provided in its monthly update, which was posted on the SBE website for information a timeline for the review of the new application received to open a new charter school in Sussex county called Sussex Montessori as well as the major modification requested for Design Lab HS. The links to all of these were provided in the agenda item online.
· The Professional Standards Board had no items to bring before the SBE this month since their January meeting was cancelled due to snow.
· The Board had no one signed up for general public comment
· The Board received an update from its Deputy Attorney General regarding two appeal requests that have had their hearing and are currently in the time window in which either party is able to submit responses to the hearing officer’s recommendation. Both of those appeals will come before the Board for action at the February meeting.
The next regular monthly meeting of the State Board is scheduled for
Thursday, February 15, 2018
The meeting will begin at 4:00 p.m. and the Board will enter Executive Session to discuss two disciplinary appeals and then will return to general session at 5:00pm
January 18, 2018 – Delaware State Board of Education Audio Recordings
I’ve seen a lot in Delaware education over the past four years. I’ve seen people say some very brilliant things and I’ve heard very stupid things. I’ve seen the full range of human emotion, from happy to sad, from angry to depressed. But what I heard today made me feel many negative things like never before. How someone could be so blind to reality yet be in such a position of power is beyond my comprehension. Who is this person?
After a crucial Senate Executive Committee hearing, Wali Rushdan was given a unanimous Senate vote for the Delaware State Board of Education about an hour ago.
The Senate Executive Committee met with Rushdan right before the full Senate vote. I must give props to State Senator Nicole Poore for tackling the elephant in the room. She just came right out and asked Rushdan about his affiliation with the Family Foundations Academy Board of Directors.
Aside from State Rep. Paul Baumbach, I have yet to hear from one person in support of this legislation. Zero. Zilch. Nada. But in the 24 hours or so since I posted this story, I have had many sidebar conversations with Baumbach, as well as many other crucial conversations.
Last month, I reported the Delaware State Board of Education was done. The Delaware Joint Finance Committee took their funding away from them. Many assumed they were toast. We were wrong. It appears the Delaware Department of Education will pick up the tab. So there will be more State Board of Education meetings in the future. And there is big news on that front as well. Starting in July, their meetings will begin at 5pm. Which means, you know, teachers and educators and working parents can actually go to these meetings. As well, they will have public comment before each action item (except those which have a formal public comment period, such as charter school stuff and regulations). Unless the Joint Finance Committee or the legislators deny the funding to DOE to do this.
So what happened? The changes to Delaware Title 14 would be monstrous. They would have to change up a lot of things. While some thought things could change in the epilogue language of the state budget (which I oppose in and of itself), it is not an option. New laws would have to come out granting the authority to the Delaware DOE. While those could happen, it would be a headache and a half to get them in play between now and June 30th.
There was talk during the Joint Sunset Review meetings about the State Board taking on one or two new members. With that being said, and probably because of all the confusion surrounding if they should even exist, Delaware Governor John Carney never nominated anyone to take Jorge Melendez’ place on the board. So there could be changes to the membership. I am hoping for some folks with more resistance to the Rodel way of thinking. I haven’t heard anything about Donna Johnson going anywhere. The Executive Director role is chosen by the State Board of Education President which is currently Dr. Teri Quinn Gray. She was appointed by former Governor Jack Markell.
The State Board of Education is still under Sunset Review by that legislative committee. Prior to the announcement about their funding, the committee agreed to hold them over until next year.
I don’t have all the details yet, but the Delaware State Board of Education is being held for another year in the Delaware Legislative Oversight and Sunset Committee. There are several areas of concern the committee still has with the State Board of Education. I also heard someone from the State Board of Education named John Marinucci as the State Board’s contact person for all Delaware school boards. Marinucci is the Executive Director of the Delaware School Boards Association. Only 15 out of the 19 school districts in Delaware belong to that organization. None of the Delaware charter schools do either. So how could Marinucci possibly represent all the school boards to the State Board of Education? Anyone who has been around the State Board of Education knows who acts as a liaison between Delaware charter school boards and them- Kendall Massett, the Executive Director of the Delaware Charter Schools Network.
As soon as I know more, I will update this article. I heard this on the fly from several people while I was down at Legislative Hall today. Actually, I heard a lot of things down there today! All I can say is get ready for an absolutely crazy time from now until June 30th (July 1st for those who know how things work in Dover). If you think the conversation is heated now, strap your seatbelt on and get ready for an insane ride until the end of the legislative session!
Will Executive Director Donna Johnson and the State Board of Education meet the requirements to get out of Sunset review? I guess we have to wait until next year! But the fact they are being held over until then means they did not satisfy the committee. Meanwhile, long-time State Board of Education receptionist Danielle Moore is retiring at the end of June. I’ve seen Danielle probably hundreds of times between the Townsend Building and Legislative Hall. She is an awesome lady and is always courteous and genuine. Best of luck on your future endeavors Danielle!
House Substitute 1 for House Bill 85 was released from the Delaware House Education Committee today. There are very serious concerns due to a “compromise” brought forth by the Delaware Charter Schools Network. The bone of contention surrounds the Christina School District and Newark Charter School. Since a portion of Christina exists in Wilmington, those students would not be considered in the enrollment preference which includes all students in a choice school’s district. The line of thinking appears to be the district section of Wilmington is not connected to the rest of the district. However, those who oppose this section of the bill feel it is a barrier for Wilmington students who are part of the Christina School District.
Today, State Rep. John Kowalko is bringing forth an amendment but no one on the committee knew specifically what the amendment was. State Rep. Kim Williams, the primary sponsor of the bill, stated she assumes it would be to remove lines 7-9 of the bill which would give Newark Charter School their Wilmington exclusion. Williams said she would not support the amendment because she gave her word to Senator David Sokola. This, apparently, was an addition to the bill from Senator Sokola which caused the House Substitute bill from the original House Bill 85. State Rep. Joe Miro said he would not support the bill if the amendment passed.
State Rep. Sean Matthews said he is in support of the bill but does not feel the bill serves all students in the Christina School District. He felt the bill does not allow for Wilmington students to go to Newark Charter School and the exclusion for NCS was put in so it can pass the Delaware Senate.
If Newark Charter School is so good, they should take all students. -State Rep. Sean Matthews
State Rep. Deb Heffernan agreed with Matthews. The bill was released with 11 votes in favor of the bill.
Delaware Secretary of Education Dr. Susan Bunting said the Delaware Department of Education is taking a neutral stance on the bill. Donna Johnson, the Executive Director of the State Board of Education, said former State Board member R.L. Hughes was on the Enrollment Preferences Task Force and voted in favor of removing the 5-mile radius. Kristin Dwyer, the Delaware State Education Association Director of Legislation and Political Organizing, said she is happy the conversation is opened with this bill but DSEA does not feel the bill goes far enough. DSEA feels the 5-mile radius should be completely removed.
My concerns with this bill are the very nature of Newark Charter School to begin with. Even with their 5-mile radius, their student populations do not reflect that of the Greater Newark area. This is the public comment I gave to the committee and my idea for a potential amendment.
While I am very happy to see this bill, I have concerns around Newark Charter School. When the charter school had their major modification approved to build their high school, they were instructed with formulating a plan to allow for more diversity in their district. I have yet to see that materialize, even within their current 5 mile radius. While their special education numbers have increased, they are still woefully under what the state average is, much less the Christina School District. In the school profile for this school year, African-Americans represent 10.7% of their student population compared to 39.4% of Christina. While factoring in the African-American population of the Wilmington contingent of Christina student population, the greater Newark area has a much higher population of African-Americans compared to NCS. I would recommend an amendment be placed on this bill for a weighted lottery for charter schools, magnets, and any choice school where the demographics are disproportionately lower than that of the surrounding district to allow populations that do not seem to be getting access to certain charter school even footing and representation within those schools. Enrollment preferences are meant to allow the most disadvantaged students into choice schools, not to keep them out. Thank you.
The bill, if passed, would take place immediately. However, it would not be able to kick in until the 2018-2019 school year since the school choice calendar for the 2017-2018 school year closed in January. During the House Bill 90 Enrollment Preferences Task Force, the majority of the members voted in favor of removing the 5-mile radius as an enrollment preference for choice schools. Williams said she does not necessarily agree with the Newark Charter School exclusion, but felt compromise was necessary. If the bill didn’t move forward, she would not be able to help any students.
Once Kowalko’s amendment is public, I will add it to this article.
The Delaware Joint Legislative Oversight and Sunset Committee voted today not to Sunset the Delaware State Board of Education. Sunset would have shut down the board. I will write more details later since I arrived late for the meeting due to a prior commitment. As for the State Board’s Executive Director, Donna Johnson, the board voted for option one in regards to her role: The Board will present to the Committee a revised Executive Director job description to better align with the Board’s duties.
Issues surrounding public comment got a bit of discussion. The JLOSC voted unanimously that the State Board of Education shall allow public comment before each action item but with an amendment. Public comment may not be allowed during action items that have a pre-established and finite public comment period, such as regulations and charter school issues. The reason for this is because state code allows for this. Newly christened Senator Stephanie Hansen said during county council meetings in Sussex and New Castle Counties they allow for this because sometimes the public comment could affect a decision by the Council. State Board member Pat Heffernan said they are bound by the Delaware State Code. In my eyes, that is legislation begging for change as soon as humanly possible. The Committee agreed that information shall be sent to public libraries and schools with meeting information about the State Board of Education. A matter surrounding charter school approval and local impact was tabled so the State Board of Ed can give more clarifying information about their role on this matter.
I did not anticipate the JLOSC would shut down the State Board of Education. I surmised some items would pass and some wouldn’t. Without an apparatus in place to replace them it would be tough to figure out who should pass regulations. Once again, legislation could take care of a lot of the issues surrounding them. In a poll I put up the other day, over 70% of readers felt the State Board should shut down permanently. I write this with the caveat that my readership tends to align with what I believe more and the poll only had over a 100 voters.
We can do it better ourselves but we won’t tell them that.
The Delaware State Board of Education could be shut down as of Tuesday. They face the Delaware Joint Legislative Overview and Sunset Committee. The State Board was put under review by the committee last year after some very rough years under former Governor Jack Markell. Many of the complaints circulate around their Executive Director, Donna Johnson. As well, many citizens and education organizations in the state feel the State Board has outlived their usefulness and just seem to perpetuate agendas brought forth by corporate education reform organizations such as the Rodel Foundation of Delaware and the Delaware Charter Schools Network. I wrote about their last meeting with the committee over a month ago. But I was able to be the sole attendee at a meeting yesterday where the State Board discussed their final meeting with the Sunset Committee and boy was it a doozy!
The Delaware State Board of Education has always been ridiculous with their public comment policy. You cannot give public comment on any action item on their agenda. Further complicating this absolutely ludicrous scenario is a proposed change which will be up for action at their next meeting, on Thursday March 23rd. The State Board of Education will take action on moving public comment from the beginning of the meeting until towards the end. Thereby ensuring that the public is put on the bottom of the list. There are certain groups that put public comment at the end of meetings, but the State Board of Education needs to hear from the public prior to voting or discussing items. The very nature of attempting to contact a member of the State Board of Education is futile. Everything goes through the Executive Director, Donna Johnson. The State Board of Education will be having a meeting tomorrow at 12 noon to discuss the policy recommendations from the Joint Sunset Committee, a group of legislators who are taking a hard look at the State Board of Education.
As far as this latest action item, I am vehemently against this. The State Board meetings are very long at times and to make members of the public sit through the whole thing just to give public comment is absurd. I hope the State Board votes no on this insane idea.
The State Board does not hear or receive official complaints.
As the Delaware State Board of Education goes through their sunset review with the Delaware Sunset Committee, it has become more clear than ever this is a state agency in need of massive change.
After board member Jorge Melendez resigned last fall, the Delaware State Board of Education still has six members on their seven seat roster. Three weeks into Governor Carney’s four-year term, there has been no nomination for Melendez’ replacement.
My concern is what happens if the State Board of Education votes on an action item which results in a tie vote. Who breaks that stalemate? How long will Carney wait to choose a replacement? As well, the Governor has the authority to replace the existing State Board of Education President with Senate confirmation. Will Carney do this which has been a typical thing in the past?
At present, the Delaware State Board of Education is under Joint Sunset Review by Delaware legislators. Donna Johnson, the Executive Director of the State Board, submitted a very lengthy questionnaire to the committee last October. Johnson provided an extensive and very thorough history of the State Board of Education which included items I had no clue about. Included in the document is a list of Delaware Attorney General opinions that affect the agency. There have been 21 such opinions dating back to 1996 with an average of one per year. Eight Executive Orders, all issued for former Delaware Governor Jack Markell, had an impact on the State Board as well. There is one section that talks about bringing the former Delaware Teacher of the Year on the board as a non-voting member. Donna Johnson’s role was changed in 2010 from Policy Analyst to Executive Director. Aside from her, the only other staff is an administrative assistant through the Delaware Dept. of Education (awesome lady by the way, Dani Moore). Donna Johnson’s performance review is also included in the below document, but there is no indication of who approved this review aside from the State Board of Education in 2015. I do not recall seeing this performance review on a State Board of Education agenda, but that may not be required under Delaware code or perhaps I missed it. The most shocking part of this document exists towards the end. The State Board of Education does not receive or recognize complaints about their own agency. Perhaps this is why they are often perceived as a state agency that acts with an air of impunity and infallibility. I believe that needs to change.
Yesterday morning, I announced Delaware State Board of Education member Jorge Melendez was taken off the roll call for the board on their website. I reached out to Executive Director Donna Johnson for clarification on his exit. Late afternoon, I did receive a reply from Johnson who did let me know the reasoning behind Melendez’ exit.
Mr. Melendez submitted his resignation from the State Board to the Governor’s office. Mr. Melendez is moving out of state and would no longer be eligible to serve on the Board. As you are aware, the Governor brings forth nominations for the SBE to the State Senate for confirmation, just as is done with several other Boards. During this time when the General Assembly is out of session and the Governor’s administration is coming to an end, it is not uncommon for Governors to choose to leave a vacant seat open so that the next administration may appoint and the next State Senate may vote on confirmation. There are other boards facing this same situation right now and historically it is not an unusual occurrence. I do not have details about the nominations made during the special session on 10/13, but know there was not a nomination for a new member to the SBE made during that session. You would have to address the Governor’s office with respect to any details regarding their process in making this appointment.
Where there is smoke, there’s fire. But none here. Just someone moving on. Good luck to Mr. Melendez with his move and future endeavors in another state. And thank you to Donna Johnson for the response.
The Season Of Myths 