Due Diligence Has Been A Long Time Coming For Some In DC Schools

This is a reprint from an education blog titled conducting the inner light (below). Even though it was posted on November 21, I think it deserves a' look see' by my readers as it provides yet another perspective into the Michelle Rhee, Kevin Johnson and St Hope story. Many DC parents thank their lucky stars that KJ didn't get to take over DC's Eastern Senior High School here as Rhee might have liked due to their own due diligence .  Here's to DC parents who were pro-active in protecting their community.

As critical thinkers, it is imperative that we review the Inspector General's report and transcripts and not simply take the word of Rhee's spokesperson or others who want to sweep the details of this story under the rug. Conducting the inner light blogger has done an excellent analysis of what's wrong with this story as it more than just a sex scandal. I implore you to judge for yourselves by reviewing the Inspector General's report, transcripts and other links from the Sacramento Bee in detail by clicking on the respective names within the body of this story below. After all, isn't it time for all of us to exercise due diligence ? It's been a long time coming.

Definition of due diligence: 

1. An investigation or audit of a potential investment. Due diligence serves to confirm all material facts in regards to a sale. 

2. Generally, due diligence refers to the care a reasonable person should take before entering in an agreement or transaction with another party. 

Investopedia Commentary

Due diligence is essentially a way of preventing unnecessary harm to either party involved in a transaction. 

Reprinted from education blog conducting the inner light

"It is interesting to me how the Michelle Rhee/Kevin Johnson situation is playing out in the newspapers and blogs.  For those of you not keeping up suffice it to say that in a congressional investigation it has been revealed that Michelle Rhee acted as a fixer/damage controller for her fiance when he was accused by three girls of inappropriate touching.  I won’t go into the allegations but refer you to the articles via The Washington Teacher’s Blog. Candi Peterson has aggregated all the newsources beautifully and this allows you to read each and come to your own conclusion.

Personally, I think the sex part of this scandal is somewhat of a misdirection.  Not that I think the charges are groundless – read not only the Inspector General’s report but also the transcripts, as reported by The Sacramento News and Review , of Johnson’s phone conversation with another girl (not one of the accusers but a girl from 10 years before when Johnson was still a player on the Suns) and it will be hard to avert your eyes or find any excuse for him – but I think that there is much more damning evidence in the IG report than sex.

I cannot recommend enough reading the entire report right down to the interview of Jacqueline Wong-Hernandez, the former employee of St. Hope Academy Charter Schools.  Your jaw will drop, your eyes will pop out of your head.  No matter how you try to play this report it looks stinky.  Just a for instance: Michelle Rhee was listed as a board member of St. Hope. Simultaneously she was listed as: the consultant for the New Teacher Project, the consultant for the reconstruction bridge span, the consultant for the reconstruction of the HR department, while on another memo she was listed as the COO. In yet another letter she was listed as the President and Johnson as the CEO. So many hats for one person and absolutely no conflict of interest, is there, in being both a board member and a consultant for the very board of which you are a member. Sarcasm in that last sentence.

The discrepencies are legion in this report.  Just read the summary of charges.  According to these charges Johnson used Americorps money and Americorps volunteers in complete violation of the government contract and volunteer contract.  These volunteers are supposed to be used for the community and as tutors for students in schools. According to the report none of the volunteers did a single hour of tuturing for their time at St. Hope.  What they did do was wash KJ’s car, clean his place (Johnson told one employee that the Americorps volunteers were there for “grunt work”), worked as clerks in the St. Hope store, canvassed the neighborhoods for candidates for local political offices, used them to solicit funds for St. Hope – even traveling to NYC on the Americorps money to do so.  Johnson also misappropriated Americorps funds to pay SHA staff.

Here was one of the most incredible things I found in this report: the volunteers, who were on a stipend of around $4000 plus dollars, were charged rent for their housing.  The housing was owned by (wait for the drumroll please) The St. Hope Development Corporation – they were charged $300-$350 a month.  SHA never revealed to federal authorities their relationship to SHD (you would think, though, that they would change the name of their corporation just a tad so that no one would notice – you know, like Enron).

The sex allegations are here, as well.  I don’t see how anyone can dismiss them as groundless nor as the accusations of people who hold a political motive.  It is obvious throughout this report that there was a culture of abuse. The culture of power that Johnson practiced (one person describes him as micromanaging every thing right down to the position of all the office furniture) is one in which abuse is the predominate factor.

Here is what disturbs me after reading this report: Michelle Rhee tried to bring St. Hope Charter schools into our school system to take over some schools.  She tried to do this AFTER this report had been filed.  It was only due to the due diligence on the part of the parents of those schools that would have been overtaken (deliberate use of word here) and their objection to SHA coming in because of what they found out in their own investigations.

Due diligence in regards to Ms. Rhee has been missing in DC from the very beginning.  From the vetting process on down she has been given a free ride by Adrian Fenty,  the Washington Post, many on the city council, and a host of other people who believe she is “doing what has to be done.”  Discrepencies in what she says and does have been ignored or explained away at almost every turn. She contradicts herself, denies, changes facts to suit her need and all of this is dismissed as quibbles on the part of those of us who have had worries about her methods and the true nature of her plans.  OK, fine, than read this report and explain to me how anyone could think to bring in this corrupt, unethicial organization to run any of our schools? She knew about the charges in that report. Given her status as one of the three main operators of St. Hope – again read the report and Ms. Wong-Hernandez’ interview to see the number of titles Rhee held – there is no way she can claim ignorance to these charges.

That is the real scandal that should be on the front page of every paper.  Diligence is now due."

Posted by The Washington Teacher featuring Candi Peterson, blogger in residence, story courtesy of conducting the inner light, definition/commentary courtesy of dictionary.com

Is Rhee's Education Reform Ship Sinking ?

In today's Washington Examiner article,  Leah Fabel discusses Rhee's  interference in a federal probe involving sex charges against her now fiance' Kevin Johnson, former St. Hope administrator and now mayor of Sacramento. In this article, I am quoted as saying Rhee's ship is sinking. Fabel also labels those who criticize Rhee as detractors including me. While I have been called worse names than a detractor, what gets under the skin of some on this educational reform scene are the often misquotes of student achievement by our mainstream press. 

Many of you who read local blogs are familiar with efavorite who posts rather frequently on a variety of websites. Our very own efavorite took the opportunity to set DC Examiner reporter Leah Fabel straight on her misquotes of NAEP student achievement math scores attributed to Rhee in today's Examiner article. I have taken this opportunity to post both Leah Fabel's article and efavorites comments. You tell me is Rhee's ship sinking ?

"Candi: Thanks for posting this. I sent Leah Fabel this email to set her straight on the NAEP scores."Good morning Ms. Fabel. Below is the official referenced information about the NAEP scores that you should be aware f before you misstate them again. Please check out the following websites: http://nces.ed.gov/nationsreportcard/states/profile.asp and

http://educationnext.org/the-one-winner-in-todays-naep-release-michelle-rhee/ 

You will see that Michael Petrilli of "Education Next" and the Fordham Foundation backed off his claim of Rhee's success once presented with the facts, which of course, he should have checked before publishing his story giving Rhee all the credit. 

Update from efavorite: Since posting the scores, I've been advised that the scores include charter schools as well as regular DC public schools. I rechecked the NAEP site and this is accurate. I don't know of a way to separate out the scores, but I am guessing, based on other comparisons between DCPS and the charters, that differences would not significantly change NAEP results. However, I can't be sure.

Here are the scores:

DC's NAEP math Scores, 200-2009

DC 4th grade math

2000- 192

2003- 205

2005- 211

2007- 214

2009-219

DC 8th grade math

2000- 235

2003- 243

2005- 245

2007- 248

2009- 254

 

While there had been a steady increase in DC math scores over the last nine years, as you can see from the chart above, the increase was often greater in the years before Rhee came. Also considering that her reform of firing teachers didn't begin until May 2009, after the latest NAEP testing had been completed, she can hardly take credit- that would logically go to the teachers she's been intent on firing." - efavorite

Report may jeopardize Rhee, school reform

By: LEAH FABEL 
Examiner Staff Writer
November 22, 2009

By Leah Fabel Examiner Staff Writer The future of dramatic school reform begun by D.C. Public Schools Chancellor Michelle Rhee could be in jeopardy, not from the teachers union or the city council members with whom she has tangled, but because of past personal relations. Already embroiled in fierce local battles over a recent round of teacher firings, Rhee is now facing allegations that she helped cover up charges of sexual misconduct against her now-fianc? Kevin Johnson, mayor of Sacramento, Calif. A congressional Joint Staff Report by two ranking Republicans, which details Rhee's involvement in the matter, was first reported by The Washington Examiner Friday morning. 

And just as anger and protest over the school layoffs was beginning to subside, some of her detractors saw a new opportunity to pounce. "It'll be the elephant in the room," said Councilman Harry Thomas, D-Ward 5, one of Rhee's most vitriolic opponents in recent weeks. "It'll put questions in people's minds about her credibility and her ethics in general." Rhee, speaking through a spokeswoman, said that the report "rehashes old allegations that have long since been dismissed and deemed meritless by local and federal law enforcement officials." But Candi Peterson, who sits on the board of trustees for the Washington Teachers Union and who helped organize multiple protests against Rhee over recent teacher firings, said that Rhee's "ship is sinking." "If this had come up by itself, people might have said "what the hell," Peterson said. "But because it's coming on the tail of everything else - the layoffs, the mayor's contract issues, it's starting to paint another picture." 

The question now is what picture will become the dominant image in the mind of D.C. voters - that of an autocrat tainted by scandal, or that of an uncompromising reformer with results to stand by. That picture is clouded by the new revelations. The congressional report examined the White House's June firing of Gerald Walpin, U.S. inspector general for the Corporation for National and Community Service. In August 2008, Walpin called for "criminal and civil prosecution" of Johnson and his partner at their Sacramento community organization, St. HOPE Academy. Johnson, an ally of President Obama, was suspected of misusing Americorps dollars - and volunteers. Walpin was fired in the spring of 2009, prompting the congressional inquiry into whether his dismissal was politically motivated. No charges have been filed related to allegations against Johnson, his colleagues, or Rhee. St. HOPE employee Jacqueline Wong-Hernandez told IG office investigators that Rhee, who also worked with St. HOPE at the time, was informed that Johnson had made sexual advances toward an employee. Rhee said she was "making this her number one priority, and she would take care of the situation," Wong-Hernandez said. Soon afterward, Wong-Hernandez said that Johnson's lawyer had contacted the victim and that all was smoothed out. Wong-Hernandez retired over the school's handling of the incident, according to the report. The congressional report quotes the young woman as saying the attorney "basically asked me to keep quiet," and that Johnson offered her $1,000 a month for the duration of her time with St. Hope. Once investigators learned about that, the report says, they had "reasonable suspicions about potential hush money payments and witness tampering at a federally funded entity." 

In Rhee's two and a half years at the helm, standardized test scores have gone up all over the city, including on the NAEP, or Nation's Report Card, where D.C. public school students made more progress in math last year than students in any other state. Her "detractors may use [the allegations] as another part of their case for why she's unfair, but I don't see it as having relevance on her philosophy or approach or management of the school system," said Jeff Smith, executive director of community advocacy group D.C. Voice. "Reform is not always analogous with positivity," Smith said, adding that whatever happens with Rhee, city residents are the ones who own the changes, good or bad.

Posted by The Washington Teacher featuring Candi Peterson, blogger in residence 

Michelle Rhee, The Fixer Did Damage Control After Sex Charges Against Kevin Johnson

The Story The Wash. Post Won't Report

If you haven't read this already it is a 'must read' Examiner Exclusive by Byron York with Bill Myers contributing to the report. It reads like an episode from Dominick Dunne's TV show Power, Privilege and Justice. It confirms my belief that no 'reign of terror' lasts forever. I'd be interested to hear how you think this drama will play out. The Wash. Post has not covered this story in their newspaper not surprisingly to most of us. The story is only featured in their online blog while all other major newspapers worth their salt across the US are featuring this story as a head liner. I have posted the Examiner story in its entirety as well as links (below) from an article on this same subject by David Lipscomb of The Washington Times newspaper, Mike Debonis of the Washington City Paper, The Hill News, The NY Times, Sacramento news, Sacramento Bee, SCUSD Observer and L.A. Times. 

Wash. Times link

Wash.City Paper link

The Hill news

New York Times link
Sacramento news link
SCUSD Observer blog
The Sacramento Bee link
L.A. Times link

Exclusive: Congressional Report: Rhee did 'damage control' after sex charges against fiancee Kevin Johnson

By: Byron York
Chief Political Correspondent
November 20, 2009

A congressional investigation of the volunteer organization AmeriCorps contains charges that D.C. schools chief Michelle Rhee handled "damage control" after allegations of sexual misconduct against her now fiancee, Sacramento Mayor Kevin Johnson, a former NBA star and a prominent ally of President Obama, The Washington Examiner learned Friday morning.

The charges are contained in a report prepared by Sen. Charles Grassley, the ranking Republican on the Senate Finance Committee, and Rep. Darrell Issa, ranking Republican on the House Committee on Oversight and Government Reform.

The investigation began after the AmeriCorps inspector general, Gerald Walpin, received reports that Johnson had misused some of the $800,000 in federal AmeriCorps money provided to St. Hope, a non-profit school that Johnson headed for several years.

Walpin was looking into charges that AmeriCorps-paid volunteers ran personal errands for him, washed his car, and took part in political activities.  In the course of investigating those allegations, the congressional report says, Walpin's investigators were told that Johnson had made inappropriate advances toward three young women involved in the St. Hope program -- and that Johnson offered at least one of those young women money to keep quiet.

Johnson's office did not respond to calls for comment Friday morning.

At the time, Rhee was on the board of St. Hope. A former St. Hope employee who reported one of the allegations of inappropriate sexual conduct by Johnson told Walpin's investigators that Rhee "learned of the allegations and played the role of a fixer, doing 'damage control,'" the congressional report says.

The employee told investigators that Rhee told her that "she was making this her number one priority, and she would take care of the situation."  A short time later, the employee learned that the girl who had complained about Johnson had received a visit from Johnson's personal attorney.

The congressional report quotes the girl as saying the attorney "basically asked me to keep quiet," and Johnson offered her $1,000 a month for the duration of her time with St. Hope.  Once investigators learned about that, the report says, they had "reasonable suspicions about potential hush money payments and witness tampering at a federally funded entity."

Rhee did not respond to calls for comment Friday.

Walpin included the allegations of inappropriate sexual conduct, along with evidence of misuse of federal money, in a criminal referral to the U.S. Attorney's Office in Sacramento.  The acting U.S. Attorney, Lawrence Brown, reached a settlement with Johnson under which St. Hope was obligated to pay back some of the money, but took no action on the other matters.

The White House fired Walpin on June 10. The sexual misconduct allegations he was investigating have been secret until now.

A White House spokesman said he had not seen the report yet, and declined comment.

In the spring of 2008, Walpin's office received a tip that Johnson had misused AmeriCorps money.  Walpin sent two investigators to Sacramento to check the story out.  They discovered that money had in fact been misused, and also learned of the allegations of inappropriate sexual conduct by Johnson.

In August 2008, at the time Walpin referred the matter to the U.S. Attorney, he also presented the evidence of misuse of federal money to officials at the Corporation for National and Community Service, the federal agency that oversees AmeriCorps.  In September 2008, those officials barred Johnson from receiving any more federal money.

All this was happening as Johnson was running for mayor of Sacramento, a race he won in November 2008.  Johnson's suspension from receiving federal money became a hot issue in early 2009 after Congress passed the $787 billion stimulus bill.  Many people in Sacramento worried that the city would not be able to get its share of that money if the mayor was banned from receiving federal dollars.

Amid that atmosphere of anxiety, in April of this year, the U.S. Attorney's office announced a deal under which St. Hope would pay back about half of the money it received from AmeriCorps and, in return, Johnson would no longer be banned from receiving federal money.  Brown released a statement saying the settlement "removes any cloud whether the City of Sacramento will be prevented from receiving much-needed federal stimulus funds."

The deal was made by Brown and top officials at the Corporation for National and Community Service -- Walpin was cut out of the process.  He strongly disagreed with the arrangement, suspecting that it came about more for political reasons than prosecutorial ones.  The new report takes his side, saying Brown's "motivation to reach a settlement was not to protect the financial interests of the United States, but rather to remove Johnson from the suspended parties list in order to ensure Sacramento's eligibility to receive stimulus funds."  Neither Brown nor the U.S. Attorney's office cooperated with the Grassley/Issa investigation.

After the settlement, Walpin wanted to continue probing the St. Hope affair, particularly a new allegation that St. Hope employees might have destroyed evidence. Walpin made his case to the board of the Corporation for National and Community Service at a meeting on May 20.  He also strongly criticized the board for making what he felt was a bad settlement and for failing to exercise sufficient oversight of the matter.

At one point in the meeting, which all sides describe as contentious, Walpin apparently became confused when asked a question.  Accounts differ; some who were in the room said Walpin seemed disoriented and out of it, while others said he seemed to simply lose his place for a moment.  Whatever the case, after the heated discussion of the St. Hope matter, Corporation board chairman Alan Solomont, a major Democratic donor and Obama supporter, took the unusual step of going to the White House to report the events of the just-concluded meeting and recommend that Walpin be fired.

After a cursory investigation, the White House Counsel's Office called Walpin on June 10 and told him that he had one hour to either resign or be fired.  Walpin declined to resign and was fired.  The firing was an apparent violation of a law requiring the president to give 30 days'  notice to Congress before dismissing an inspector general.  Only later did the White House inform Congress.  When lawmakers asked for an explanation of Walpin's firing, the White House said he was dismissed because he had been "confused, disoriented, unable to answer questions and exhibited other behavior that led the board to question his capacity to serve."

The new report strongly suggests that Walpin was in fact fired because of the dispute over St. Hope and concludes that the White House "orchestrated an after-the-fact smear campaign to justify" Walpin's dismissal.

The report says the allegations of sexual misconduct and a cover-up "provide important context for Walpin's insistence that the St. Hope matter should not have been settled without further inquiry."  In light of those allegations, the report says, complaints that Walpin was being too aggressive seem unfounded.  "The content of the referral tends to undermine any notion that the [inspector general's] investigation was driven by inappropriate motives on the part of Walpin," the report says.  "Rather, it appears to have been driven by non-political, career investigators simply following the facts."

There seems little doubt that Johnson's alleged conduct contributed to a sometimes troubled atmosphere at St. Hope.  In the criminal referral, Walpin wrote that the allegations "seriously impact on both the security of young [volunteers] placed in the care of [St. Hope] and, if such incidents occur, the ability of AmeriCorps to continue to attract volunteers."  The referral, which Grassley and Issa's investigators have released in its entirety along with the new report, contains the following description of one of the incidents, a description which uses the AmeriCorps terminology of referring to young volunteers as "Members."

Our investigation disclosed evidence of sexual misconduct towards young female Members by Mr. Johnson.  One Member reported that, in the February/March 2007 time frame, she was entering grades in the [school's] database system per Mr. Johnson's instructions at the St. Hope office at night, purportedly as part of her AmeriCorps service.  [The girl] contacted Mr. Johnson to inform him that she had completed the grades and wanted him to review them. 


About 11:00 p.m., Mr. Johnson arrived at St. Hope and instructed [the girl] to gather her things and come with him.  Mr. Johnson drove to [the girl's] apartment, which is managed by St. Hope Development and houses its AmeriCorps Members, purportedly so that they could review the students' grades.  While in [the girl's] apartment, in which another AmeriCorps Member had a separate bedroom, Mr. Johnson laid down on [the girl's] bed.  [The girl] sat on the edge of the bed to show him the grades, at which time Mr. Johnson "laid down behind me cupping his body around mine like the letter C.  After about 2-3 minutes or so, I felt his hand on my left side where my hip bone is." 


Further, although not detailed in her written statement, [the girl] during the interview demonstrated while explaining that Mr. Johnson's hand went under her untucked shirt and moved until his hand was on her hip.  [The girl] immediately got up and stated she was done and left the room.  When she returned, Mr. Johnson was still in her bed, but now apparently sleeping.  Only after [the girl] sought to take a blanket to sleep elsewhere did Mr. Johnson exit to the living room of the apartment.  [The girl] related that Mr. Johnson slept on the couch in her apartment living room that night and subsequently left the apartment at approximately 6 a.m. the next day.

The young woman told investigators that after she "got the courage" to tell her supervisors, she was visited by Johnson's lawyer, who, the girl said, "basically asked me to keep quiet."  Later, the girl said, Johnson himself "offered to give me $1,000 a month until the end of the program." Johnson, the girl said, said the arrangement would be confidential -- "between him and I."


Walpin is embroiled in a lawsuit against the Corporation for National and Community Service in which he is seeking to get his old job back. There have been arguments and counter-arguments filed in the case, but a final decision is likely many months away.

Examiner reporter Bill Myers contributed to this report


Posted by the Washington Teacher featuring Candi Peterson, blogger in residence, story courtesy of the Examiner.

Some Say Rhee Hires New Teachers Despite Budget Shortfall

I have received emails confirming sightings of new 'teacher hires' beginning the second week of November, only a month after the notices of layoffs were given to 388 DC teachers and school staff. This is pretty darn amazing given the budget pressures that DC public schools is reportedly faced with. Ever wonder why Chancellor Rhee has yet to implement a freeze on hiring and spending practices given the twenty million dollar deficit DC schools is up against ? Well let me make an educated guess why this administration continues to spend willy nilly. Perhaps Rhee does not want to freeze spending so that she can continue to hire staff on the DL (down-low) to replace teachers who were unfairly laid off.

Not only have there been sightings of new teacher  hires in local DC public schools but unnamed sources report that new hires have been spotted at the DCPS central office personnel department as well. Shortly after teacher and staff layoffs, copies of an October 19 email from Morgan Gieseke, a Teach DC recruiter in the Office of The Chancellor (OOC) circulated to perspective 2009-10 DCPS teacher applicants stating the following:


If you are still interested in teaching for DCPS during the 2009-2010 school year, please let me know. We will resume the selection process next week and will only contact you if you have indicated to me that you would like to remain in the pool of applicants. If you would like to only be considered for 2010-2011 vacancies, please withdraw your application and reapply in January. If you have already found a position with DCPS and we have sent you this email in error, please submit your school information. Your response is requested by Wednesday, October 21st. If you have any questions, please let me know. DO NOT RESPOND TO THIS EMAIL. Please click on the following link to complete the two minute survey:


http://spreadsheets.google.com/viewform?formkey=dEF0Vm5hdTRpUjhOTzNiR2VHbldXN3c6MA 

Here's what my sources are saying about the status of new teacher hires:


Dear Candi: 
"There are 25 new teaching fellows that were hired on Monday, November 9, 2009. These teaching fellows rotate to different schools daily and weekly doing their student teaching. They are being paid. They officially start teaching in classrooms beginning January 2010."
-Name deleted to protect confidentiality


Posted by The Washington Teacher featuring Candi Peterson, blogger in residence

No Ruling For DC's RIF'd Teachers, Yet !

Many of DC's RIF'd teachers and counselors have been waiting with bated breath to hear the decision that was promised by Judge Judith Bartnoff. Last week a written decision was supposed to be rendered on the preliminary injunction hearing that was held to request a stay to hold off lay offs of hundreds of DC teachers pending arbitration. Unfortunately, for reasons unclear that ruling did not come as promised. This is unfortunate delay for those who were unfairly laid off on October 2.

Depending on whose version you believe, many laid off teachers who attended the November 5 hearing voiced their concerns that the hearing did not go well. There were reports that there were many objections to the Washington Teachers' Union's defense. In a WTU Building Representative November 10 meeting that I attend at McKinley last week , WTU Field Representative Anita Corley stated publicly that the WTU's legal arguments appeared weak because they did not want to alert DCPS lawyers to the strategy that the WTU would ultimately use in arbitration. When I heard this as a rationale, I actually couldn't believe what I was hearing. I couldn't help but thinking what it if the judge rules that the WTU cannot go to arbitration ? Then what ?

I have received numerous E-mails and telephone calls asking me if I have heard anything about the judge's decision. Many are still awaiting this decision so that they can decide how to proceed with their lives. It is my hope that a decision will be rendered early this week by Judge Bartnoff. Stay tuned for more.

Posted by The Washington Teacher featuring Candi Peterson, blogger in residence

Ballou's Principal Gets A Pink Slip ?

I just received an email earlier today from a colleague stating that Rahman Branch, Principal of Ballou Senior High School was fired. Frank W. Ballou Senior High School is located at 3401 4th St. SE Washington, DC. 

While I do not have the details concerning this alleged termination of Mr. Branch, feel free to weigh in with any of the facts.

Posted by The Washington Teacher, featuring Candi Peterson blogger in residence

Simply Fired: Pink Slips for DCPS CFO's

Seems the Rhee administration can't keep a Chief Financial Officer (CFO). Turque reports on the "The hard road of Michelle Rhee's CFOs" in the DC Wire which is The WaPo online blog.

A DC insider posed a few interesting questions on the DCPS CFO story for all of us to consider: "Remember former CFO Graham left and received a job with Home Depot (Corporate). Rhee found out and blocked the position that she would have gotten and they rescinded it just like Rhee continues to do to principals who attempt to get jobs in other school systems.  Wepman also was removed from Special Education because of his poor handling of funds.  The question I would ask is what agreement was made with Rhee, Gandhi, and Fenty and what does Wepman's firing package include along with his new job ?"

I thought you might be interested in the goings-on in the DC Chief Financial Office. Here's the latest on that story:

"D.C. Chief Financial Officer Natwar M. Gandhi named a new interim school system CFO Tuesday. Noel Bravo, a former senior budget adviser to Mayor Anthony A. Williams, replaces Noah Wepman, who resigned or was fired, depending on who you ask.

Bravo is walking into what has become one of District government's most punishing posts. Wepman's departure marks the second time on Chancellor Michelle A. Rhee's watch that the school system's top fiscal officer has left in the wake of questions about the transparency of the agency's budget process.

Wepman and his predecessor, Pamela Graham, took different paths to the exit sign. But both ultimately discovered that trying to keep the numbers straight under Rhee's high-velocity attempt at transformation can be dangerous to your career health.

Part of the peril is structural. A congressional directive from the financial control board era gives the District's independent chief financial officer, not the head of the school system, power over spending. The set up put Wepman and Graham in a difficult position from the start: answering to District CFO Natwar M. Gandhi but facing enormous pressure to say "yes" to a chancellor given virtual carte blanche by Mayor Adrian M. Fenty to fix the schools.

Graham ran into trouble two years ago this month, when Rhee faced hard questions at a D.C. Council hearing about a projected $115-million-plus deficit in the school system budget, which members said they learned about only that day.

At the 2007 hearing, Council Chairman Vincent C. Gray (D), produced a memo from Graham urging Rhee to impose a hiring freeze and reduce spending. Graham attributed some of the deficit to what she called Rhee's improper hiring and promotion of 132 employees.

"The practice of overriding process and procedure in hiring new employees must not continue," Graham wrote. In what has become a recurring theme, Council members complained that Rhee's management style was disclosure-averse. They were also unhappy with DCPS' failure to get information to the public about the 2009 school budget in a timely manner. (School officials got somewhat better marks on that count this year).

Appearing on Rhee's behalf at the hearing was Wepman, a program manager for then-City Administrator Dan Tangherlini. He said in an interview that officials were disappointed that Graham prepared her memo without the administration's input.

Graham resigned in March 2008, as a direct result of the clash over new hires, The Post's V. Dion Haynes, quoting sources, reported at the time. Her replacement was the boyish-looking Wepman, then 34.

"The chancellor and I have a very good relationship," Wepman he told Haynes. "I have a good understanding of where she wants to take the school system and what reforms she has in mind," he added. "We're all on the same team."

He met his demise after the Oct. 29 council hearing on this fall's teacher layoffs and budget cuts, which followed the hiring of more than 900 new instructors. Testifying ahead of Rhee, Wepman disclosed the existence of a $13 million deficit, or "potential pressure" as the Chancellor's office describes it, in the 2010 budget that helped to trigger the 266 teacher layoffs. Wepman discussed it with Rhee in July, but never told Gandhi, who certified the budget as in balance without knowledge of the issue. Council members started calling for his ouster.

There is no evidence that Wepman withheld the information at Rhee's behest. What kind of consultation took place between Rhee and Gandhi prior to his accepting Wepman's resignation is also not known.

In a statement issued Tuesday evening, Rhee spokeswoman Jennifer Calloway said:

"Noah has worked hard on behalf of the children of the District of Columbia for almost six years, and we are grateful for his service. Noah resolved the budget issues and balanced the DCPS budget by creating a solid reduction plan before a deficit ever materialized. However, he was unwilling to allow surrounding questions to distract from the important and ongoing work of school reform."

Posted by The Washington Teacher featuring Candi Peterson, blogger in residence

Noah Wepman, CFO For DCPS Fired

Memba him ?

According to a source on this blog - Noah Wepman, Cheif Financial Officer who caused a controversy after his testimony before the DC City council was fired last week. The story of Mr. Wepman's termination is courtesy of the WTOP website and has been posted here for your review.

Link:  http://www.wtop.com/?nid=25&sid=1807727

November 9, 2009 - 4:21pm

WASHINGTON - The chief financial officer of D.C. Public Schools has been fired, WTOP has learned. DCPS CFO Noah Wepman, who withheld budget numbers from the D.C. Council, was fired last Friday, sources tell WTOP. A spokesperson for D.C.'s Chief Financial Officer Nat Gandhi declined to comment on whether Wepman was still employed by the District. .Last month, Wepman told council members the $43 million budget gap that forced the firings of hundreds of D.C. teachers were not entirely due to council budget cuts. Wepman told the council the DCPS budget was certified, despite the fact that there was a multi-million dollar shortfall. 

Posted by The Washington Teacher featuring Candi Peterson, blogger in residence, story courtesy of WTOP website.

Rhee Supporters Hate On DC Teachers

I thought I would feature a comment by someone who calls herself Sonya. I doubt if that's her real name. Sonya, like Rhee continues to bash DC teachers at every turn. Although Rhee has taken her public bashing of DCPS employees on the road, this local hater spews her venom with a vengeance right here on The Washington Teacher blog. Her words remind me of Jill Scott's song " Hate On Me Hater."

"I could give you the world on a silver platter, Would it even matter ? You'd still be mad at me. If I could find in all this a dozen roses which I would give to you, you'd still be miserable. In reality I'm gon' be who I be and I don't feel no faults. For all the lies you bought You can try as you may, break me down when I say that it ain't up to you, gonna do what you do.You cannot hate on me 'cause my mind is free. Hate on me hater ....."

This is what Sonya the hater had to say:

"Just goes to show you how sh---- some of these teachers are. The moron commenters on this blog can't spell, punctuate, write a complete sentence, etc. I wholeheartedly stand behind Rhee. These damn unions reward the lazy and promote the incompetent. I'm usually pro-union, but this is ridiculous! I'm glad she's shaking things up and lighting a fire under some of your asses. I can't believe you people think she should have cut funding for more educational programming over the summers over saving your jobs. Hello, does that not illustrate something for you? The system has been failing for years. Whose fault do you idiots think that is? Time for change. Good riddance to you all. Oh, and good luck with Oprah."

Posted By The Washington Teacher featuring Candi Peterson, blogger in residence

A RIF'd DC Teacher Issues A Challenge

OPEN LETTER TO ALL 

Dear DCPS Employees Past and Present, Parents, Guardians, Students and DC Community:

I am writing this letter to issue a challenge to us all. We as a system are under fire. For those of you that are still in the classroom please do not be lulled into a false sense of security. This school system is under attack and teachers are on the front lines.

In the past few weeks it has become clear that the Washington Teachers Union is either unwilling or unable to protect and successfully defend us, so we must do it ourselves. I and some of my other friends have been on a letter writing campaign and have sent letters to everyone from the DC City Council to President Barack Obama. My focus right now is Oprah Winfrey. It may sound silly but understand that Ms. Winfrey profiled Michelle Rhee as one of the most powerful women in America and is planning on having her on the show.  I think that it is important that we get our side of the story to her. Michelle Rhee has been allowed to control the press for far too long. (Contact Oprah's website by clicking this Link . Scroll down and click contact us ). 

I have sent letters to Oprah but if we flood her website she will be forced to at least investigate what is going on. It only takes a few minutes to go to her website and click on “contact us” and send an email. We all have a story now it is time to tell that story. From former Principals, to teachers, to custodians, to office staff, and to the students, it is time that we go global with our story. Talking on the blog is great but we are preaching to the choir.

I also encourage you to contact Senator Daniel Akaka who is the Chairman on Oversight of Government Management. Click on Senator Akaka's name above and it will take you directly to his website. You can also write Senator Akaka c/0 141 Hart Senate Office Building, Washington, DC 20510, telephone: 202-2246361 or via fax: 202-224-2126.

I have friends that are teachers all over the country and believe me they are watching what is going on in DC and if Michelle Rhee wins here it will spell trouble for all educators across the country.   We cannot continue to sit back and wait for others to save us we must save ourselves.  Please feel free to forward this letter to all friends in DCPS past and present. 

Sincerely,

A RIF'd DC Teacher Fighting For Truth

dcpsfightingfortruth@gmail.com

Other people that we can email, just click on the links below:

Senator Daniel Akaka , Subcommitte on Oversight of Government Management

Senator George V. Voinovich, Ranking Member Subcommittee on Oversight Management

DC City Council 

DC Congresswoman Eleanor Holmes Norton 

Md. State Senator Barbara Mikulski 

Va. State Senator Jim Webb

Toy Joyner, Russ Parr, CNN, The View,  etc.             

Everyone has a website and a “CONTACT US” button on that website, let’s use it. 

Posted by The Washington Teacher featuring Candi Peterson, blogger in residence

No Preliminary Injunction For DC Teachers Yet, Ruling Next Week

On Thursday, my cell phone was all ablaze with text messages about the hearing on DC teacher layoffs. They ranged from "not looking good" to "I wasted my time coming here" to "I shoulda' been job hunting " to "our lawyer's not proving our case" to "we're about to hear closing arguments & the judge will make her decision in  writing next week." This evening WaPo staff reporter, Bill Turque wrote a piece on the DC Wire about what happened in court. For those of us who could not attend, here is it is in its entirety (below). You be the judge of where things stand on the WTU preliminary injunction front.  What's interesting is that the WaPo covered Barbara Bullock's official release from prison in the paper today. I somehow get the feeling that the hearing on DC teacher layoffs will only be reported on the Post's DC Wire blog versus the metro section of the newspaper. Go figure. Whether you attended the Thursday's hearing or not, I'd love to hear your comments . 

Here's what a spectator said about Thursday's hearing: "The WTU case seemed to hinge on tugging at the heartstrings more than presenting convincing facts. They brought the blind guy out again to talk about his mistreatment. He's a great witness for a council hearing, but not for a court case. He didn't prove anything except that a mistake was made in his case. Several times the judge chastised the young WTU attorney for focusing on feelings or hearsay, but that didn't stop the attorney. She was whiney and petulant, saying “but your honor” repeatedly after your honor had told her to move on to her next question. It seems like she missed the class in law school on courtroom deportment and her mom and dad and her supervisors at the WTU had not clued her in either. It looked like her hairdo was held together by multiple paperclips. She was attractive and was wearing high heels and a trim dark suit, but other than that, there was nothing professional about her.Lee Jackson, the lead WTU attorney was better. He was comfortable and appropriate and had some presence (especially compared to her), but not much of a case to make."

Judge To Rule Next Week On Teacher Layoffs

"After listening to more than six hours of testimony and argument Thursday, D.C. Superior Court Judge Judith Bartnoff said she would rule "sometime next week" on the Washington Teachers' Union's (WTU) bid to roll back the layoffs of 266 DCPS teachers and staff.

WTU is seeking an injunction that returns the teachers to their jobs until an arbitrator can rule on the case. It contends that the layoffs are an illegal mass firing and that the budget crunch cited by Chancellor Michelle A. Rhee as the basis for the reductions is a sham, designed as a pretext for dumping older teachers. The union also says that school officials violated the collective bargaining agreement by failing to adequately consult with it ahead of time.

Union attorney Lee Jackson cast the layoffs as part of a long range plan by Rhee to secure by fiat what she was not able to attain at the bargaining table.

"This is union busting in the worst possible way," he said.

D.C. attorney Robert Utiger warned that should Bartnoff reinstate the teachers, DCPS would be facing a new budget imbalance that could force another, possibly more extensive, round of layoffs. Lisa Ruda, Rhee's chief of staff and one of the District's two witnesses, said it could possibly involve large numbers of other school system employees, although she didn't specify.

The union had failed to meet the multi-pronged test for winning an injunction that freezes the layoffs, Utiger said. It includes a substantial likelihood that the union could succeed in arbitration; that the teachers and the union will suffer irreparable harm without a favorable ruling, and that that the public interest will not be damaged by an injunction.

Utiger said District law gives Rhee unquestioned managerial authority to impose the layoffs, and that terminations resulting from budget shortages are not eligible for arbitration. He also asserted that while it is regrettable that teachers lost their jobs, loss of wages does not constitute irreparable harm. Finally, he said that DCPS students would suffer more harm than benefit by having their school lives scrambled once again by the return of teachers who have been gone for more than a month.

While it's always risky business to predict how a judge might rule based on the tone and tenor of her questions, Bartnoff sent some pretty serious signals that she didn't think much of the union's case. She made it clear from the outset that this would not be an exercise in second-guessing Rhee's decision.

"There may be a lot of people around who want to run the school system. I'm not one of them," said Bartnoff, a 1994 Clinton appointee to the bench who ruled against Roy Pearson in the famous $54 million "lost pants" case.

Jackson put on five witnesses: a senior union official (field representative Mary Collins), two laid off teachers (former Coolidge counselor Emyrtle Bennett and former Sharpe Health special education teacher Maurice Asuquo, one of the school system's only blind instructors) D.C. Congress of PTA president Gwendolyn Griffin and WTU president George Parker. There were intriguing bits and pieces, but nothing that helped to prove the union's basic arguments.

One surprise was when Utiger mentioned that there had been some brief discussion about a union proposal to use unpaid teacher furloughs in lieu of layoffs. Utiger said that for the furloughs to generate the required savings, they would have they would have to total about 28 days per instructor, a period that would be impractical and disruptive to schools. Parker said in his testimony that furloughs were never a union proposal, but merely an off-hand query from his chief of staff, Clay White.

One new demographic nugget about the 934 teachers hired by DCPS this spring and summer: Ruda said on cross-examination that about half of the new instructors had five years or more experience, refuting the notion that they were all newbies fresh from teachers college or training programs."

Posted by The Washington Teacher featuring Candi Peterson, blogger in residence, article courtesy of DC Wire.

Disparate Impact on DC's RIF'd Teachers

http://medilldev.net/2009/10/effective-teachers-central-in-education-reform/

Definition of Disparate Impact 

A type of discrimination recognized by the courts is “an allegation of disparate impact. An allegation of disparate impact most often focuses on a systematic procedure that appears to treat everyone alike, but has an excessively negative impact on a particular group"  Either an individual or a group may make this claim,. “If made on behalf of a group, it is called a class action complaint. The person or agent filing a complaint on behalf of a class must also be a personally aggrieved member of the class” (“Illegal”, 1999).

Crystal Proctor, Social Studies teacher from Jefferson Middle School is featured in this video and discusses how she was laid off on October 2 due to a Principal's assessment that she did not have a grasp of the new teaching and learning framework which was just introduced on September 18. Proctor worked at Jefferson middle school located at 801 7th St SW (phone number 202-729-3270) where Stephanie Patton is the principal.

Many believe these recent layoffs of 266 teachers and 122 school staff were intentionally created by the Rhee administration through over hiring of 934 new teachers this school year.  It has been reported that of the 934 new teacher hires the average age was 32 years old while laid off teachers had an average age of 48 years old. Even though seniority has to be considered in a reduction in force, its weighting on the competitive level documentation form (CLDF) was reduced to a mere 5 % instead of 25 %. Some say this diminished the value of seniority and constitutes an unfair labor practice and should be challenged legally. Other factors on the CLDF were subjective and were given  greater weight by the Rhee administration. Proctor illustrates this point in the video. 

It seems that many of the laid off teachers and school staff definitely may make the argument of age discrimination as there seems to be a disparate impact on employees 40 and older. I encourage all teachers and school staff to file an Equal Employment Opportunity complaint (EEOC) as well as an appeal through the Office of Employee Appeals (OEA).

* This entry is not intended to serve as legal advice. All impacted employees are advised to consult with an attorney.

Posted by The Washington Teacher featuring Candi Peterson, blogger in residence, Video courtesy of Medill News service and story by Jane Park