Kowalko Blasts Carney, Bunting, & Several Christina Legislators

Last Thursday, Delaware Governor John Carney held yet another secret meeting.  This one was with Secretary of Education Dr. Susan Bunting and several legislators whose districts are a part of the Christina School District.  Those legislators were Senators David Sokola and Bryan Townsend and Reps Earl Jaques, Ed Osienski, Joe Miro, Mike Ramone, Melanie Smith, and John Kowalko.  The subject: those damn test scores for Christina!

Carney was pulling the usual “why are Christina’s reading and math scores so low?”  If I were a déjà vu kind of guy, I would say it is the same record spun by Governor Markell and former Secretary of Education Mark Murphy.  Sokola talked about capacity and too much of it in Christina.  Ramone talked about how the state has closed failing charter schools and why not public schools.  Jaques talked about how we need to fill schools with psychiatrists and psychologists while not realizing budget cuts have affected the ability to properly staff schools with educators and resources before we even need to get to that point.  Miro talked about… who knows!  But Kowalko talked about the funding cuts that have already happened that is causing the suffering of poverty students in Christina.  He suggested Christina consolidates two of their high schools and actually build a Wilmington high school for Wilmington students so they aren’t bussed all over Christina School District.

Governor Carney is proving to be more of a Jack Markell wannabe than I ever thought he could be.  I agree with Kowalko.  When Markell cut the reading specialists Governor Ruth Ann Minner created years ago, the problems in Christina got bigger.  When Markell began his dance with corporations to “fix” education it got worse.  Now we’ve had three years of Smarter Balanced and, as predicted, the scores suck.  They suck bad.  No one in power ever stops to think the test is the problem.  No, we must get new leaders in our schools.  We have to fix poverty in the schools.  How about creating real jobs, for real people?  Not these new start-up tech companies Carney gets excited about.  Cause they aren’t going to fix poverty.  They are only going to further the divide between the haves and the have nots.

Kowalko told me the only legislator who made any sense was Senator Townsend.  The rest, he felt, were playing the same skipped record on Delaware education particularly in Christina.  And Secretary Bunting… I don’t know where your head is at these days.  You’ve been drinking far too much of the Rodel Kool-Aid lately.  Taking money away from districts (see recent articles about match tax) and just giving it away to the charters is not a solution.  For someone who came from a large district with financial issues, you sure do seem to be forgetting what is truly needed in education.  Who is advising these people?  How many other secret meetings are going on?  Thank God we have legislators like Kowalko who value transparency above all else.

Rep. Melanie Smith is one of the true catalysts, along with other charter-loving legislators, who don’t care about Christina.  They care about the charters they want their kids and grandchildren to go to.  And a few of them who have relatives that teach at charter schools.  The jig is up.  You aren’t fooling any of us with your grand posturing and false bravado.  Smith, Jaques, Sokola, Ramone, Miro… enough already.  The charter lobbyists don’t need to shove anything up your ass.  You do it gladly all on your own.

We have a Secretary and Governor who allow situations like the train wreck that is Providence Creek Academy’s administration and the continuing de facto segregation factory called Newark Charter School.  You want to put your money where your mouths are?  Don’t let the charters bitch for one iota of a second about match tax and all their other funding whining when they get to keep their damn transportation slush fund.  It is a disgrace.  Democrat or Republican, it doesn’t matter.  Most of you support it as evidenced by your budget vote every single damn year.  The ones that say no to that… those are the ones I respect down at Legislative Hall.  The rest of you are phoneys pretending to be lawmakers.  Allowing charters to suck at the public teat while cutting funds from districts.  And Bunting… perhaps the biggest traitor of them all allowing this to continue.  I thought coming from a district you were going to be the watcher on the wall against this crap.  But you have proven to be just like the other Governor mouthpieces for education.

Governor Markell Infects WEIC Sunshine With Secret Meeting & Steps Over Legislative Authority

As announced by Newsworks and the News Journal last week, Governor Markell stepped into the battle between the Wilmington Education Improvement Commission and the Delaware State Board of Education.  What he also did was change the context of the legislation as written in Senate Bill 122.  By “brokering a deal”, he has effectively eliminated the transparency part of the whole redistricting initiative.  From Senate Bill 122, signed by Governor Markell on 8/4/15:

(4) The State Board shall base its decision to change or alter school district boundaries on a record developed in compliance with state open meeting laws.

Governor Markell did not let the public attend this meeting.  Furthermore, by not allowing all 23 members of WEIC to attend this meeting, and only four members, three of which were the chair and two co-chairs, they did not have the authority without a vote to even attend meetings like this.  So much for the transparency promised by WEIC!  This isn’t the first time members have operated in secret meetings that weren’t announced until afterwards.  The first involved the Colonial School District when they announced they would not send their students to Red Clay Consolidated School District after their board voted not to.

Does the Governor have the authority to usurp a law he signed?  I looked in Delaware’s Constitution and state code and couldn’t find anything directly referencing this.  I sent an email to many of the individuals involved along with the attorney(s) for Governor Markell’s office, the Delaware State Board of Education, and the Wilmington Education Improvement Commission.  I received one response which I will talk about after I show the email I sent.

From: Kevin Ohlandt <kevino3670@yahoo.com>

To: “cbifferato@bifferato.com” <cbifferato@bifferato.com>; “tdriscoll@bifferato.com” <tdriscoll@bifferato.com>; Tony Allen <tonyallen@comcast.net>; jack.markell@state.de.us; “mike.barlow@state.de.us” <mike.barlow@state.de.us>; Gray Teri <teri.gray@sbe.k12.de.us>; Donna Johnson <donna.johnson@sbe.k12.de.us>; “meredith.tweedie@state.de.us” <meredith.tweedie@state.de.us>; Hickey Catherine T. (DOJ) <cathreine.hickey@state.de.us>; Denn Matthew (DOJ) <matthew.denn@state.de.us>

Sent: Thursday, March 10, 2016 3:26 PM

Subject: Governor’s Meeting With WEIC & State Board

Good afternoon all,

 

I’m working on an article about the WEIC/State Board/Governor’s Office meeting that took place on 3/3/16 for Exceptional Delaware.  I have several concerns regarding the transparency around this meeting and I was hoping some or all of you could clarify some of my concerns. 

1) House Bill 148 states (c)  Meetings of the WEIC and all WEIC committees shall be public, unless designated for executive session.  Voting membership in WEIC shall be limited to subsection (a) of this section.

Would the meeting that took place on 3/3/16 count as a WEIC meeting?  If they were able to discuss the WEIC plan in any way without public notice, could that not be considered a FOIA violation by not posting an agenda for this meeting?  If this was considered an executive meeting of the WEIC executive committee aren’t they still beholden to Delaware open meeting law?  Does WEIC even have an executive committee since it is not publicly listed on their website at http://solutionsfordelawareschools.com/?

2) Senate Bill 122 states (4)  The State Board shall base its decision to change or alter school district boundaries on a record developed in compliance with state open meetings laws. 

Since the language is now changing again in the final report, without the ability of the public to observe this process and allow for public comment based on the 3/3/16 meeting, and there was no public notification of this meeting seven days prior to the meeting, did this meeting legally happen?  Furthermore, are the State Board, WEIC, and the Governor’s office all in violation of FOIA by even having this meeting?

3) What legal authority does the Governor have for suggesting changes to a “final plan” based on the law in Senate Bill 122 which was signed by him on 8/4/15?

4) Does the Governor have the authority to step over legislative authority and intervene in a plan that does not include the Governor or any of his staff as part of the membership of WEIC and not have that meeting be open to the public?

5) HB148 limits WEIC to 21 members, yet there are 23 members on the commission which is in violation of the signed law.  Furthermore, each member shall have full voting rights but they were not given an option to take action on participating in, as a collective body or in part, the is meeting on 3/3/16, nor were they given an option to publicly vote on this action.

While I support the WEIC plan after months of hemming and hawing over the whole thing, I just want to make sure someone couldn’t open the door to a legal challenge down the road.  I know a lot of things happen in Delaware behind closed doors, which is not something that matches with the Governor’s public statement that “Sunshine is the best disinfectant.  Transparency and accountability of government is essential.”  The law is the law.  We have them for a reason. 

I fully understand the very tight timetable involved with this action and I also agree with the WEIC vote to send the original plan back to the State Board of Education.  Furthermore, I don’t feel the State Board’s bungling of the final plan helped anything involved with this matter and got us to the point we are at now.  But we cannot, and should not, as a state, have any meetings in the dark without public knowledge.  This is one of the core reasons Delaware received a failing grade in a recent and national state transparency rating.

There is no reason the Governor couldn’t have made this letter public and WEIC could have then called for a meeting with a full agenda published prior.  Yes, they have done so to take action from this non-public meeting. Existing law does allow for an agenda to be published within hours of a meeting if an emergency exists, and this could very well be seen as an emergency, so WEIC is not in violation of their agenda for the 3/14/16 meeting.  But no agenda was given at all for a closed-door meeting which violates the letter of the law.

I did attempt to look for parts of this in Delaware State Code regarding the authority of the Governor with situations like this and I was unable to find them.  It doesn’t mean they don’t exist, but I couldn’t find it.  I would rather have the facts in a situation like this.

 

I await your response on these concerns.

Respectfully,

Kevin Ohlandt

 

The only person from this entire list who responded back was Tony Allen.  He indicated he would follow-up with me the next day (he didn’t).  That was last Thursday afternoon.  As well, he advised me this was not a commission meeting.  Whether he thinks that or not, Governor Markell referred to it as a meeting with WEIC on a video from the News Journal:

http://www.delawareonline.com/story/news/education/2016/03/10/markell-redistricting/81582788/

So if the Governor, who arranged the meeting, is calling it a meeting with WEIC, I would say that is most definitely a WEIC meeting.  Delaware… the home of people thinking one thing and a whole other thing going on behind closed doors…

To read the letter Tony Allen sent the WEIC members AFTER THE FACT, read below.  Meanwhile, WEIC will “officially” meet tonight to decide on the secret meeting resolution.  The State Board of Education has their third (fourth if you want to be technical) on the WEIC redistricting plan on Thursday.