Tuesday, July 21, 2015

L.A. DISTRICT CONTINUES TO PERSECUTE ONE OF THE NATION’S BEST TEACHERS + smf’s 2¢

By Jay Mathews | The Washington Post | http://wapo.st/1TOCL75

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Jaime Escalante (1930 – 2010)
In this 2003 file photo, Rafe Esquith, a fifth-grade teacher at Hobart Elementary School in Los Angeles, leads an innovative after-school group in his classroom. (Jonathan Alcorn/For The Washington Post)

July 19, 2015 :: Fifth-grade teacher Rafe Esquith’s worst nightmare began March 19, during a puzzling meeting in his principal’s office. Hobart Boulevard Elementary School’s principal indicated something had happened, but Esquith says that he was told he had nothing to worry about.

That was wrong. I consider Esquith to be America’s best classroom teacher. The Los Angeles educator’s annual Shakespeare productions, real-life economics lessons, advanced readings and imaginative field trips are phenomenal. Yet he has been removed from his classroom since April and told by his school district to say nothing about what is going on.

Fortunately, his attorneys have prepared a detailed account of the administrative incompetence and wrong-headedness that created this situation as Los Angeles Unified School District investigators continue to search for anything they can use against their most-celebrated teacher.

At that March meeting, according to their account, the principal told Esquith: “You have nothing to worry about. This is a bump in the road. I need to counsel you that you need to be careful what you say in front of students.” Esquith said fine, still not knowing was they were talking about. He went back to teaching and preparing for “The Winter’s Tale,” as acted, danced and musically accompanied by his students, mostly from ­low-income Hispanic and Korean families.

Three weeks later, Esquith learned that the district had forwarded a complaint to the California Commission on Teacher Credentialing, but the teacher still didn’t have details. Esquith said the principal told him he had nothing to worry about and that “this is about nothing.”

The next day, Esquith learned the truth: A school staffer had reported to administrators that Esquith made a joke about nudity that she thought might offend students and their parents. Esquith had read to his students a passage from “The Adventures of Huckleberry Finn” in which a character called the king comes “prancing out on all fours, naked.” Esquith reminded the students that the district did not fund the annual Shakespeare play, and if he could not raise enough money “we will all have to play the role of the king in Huckleberry Finn.”

Esquith was told that the district was pressuring him for an apology. Esquith wrote and signed one: “I am deeply and sincerely sorry that any comment someone heard, or thought they heard, has anyone uncomfortable.” Nonetheless, two days later, April 10, the district removed him from his classroom — giving no reason — and sent him to an office for disciplinary cases commonly known as the teacher jail. (He was later allowed to stay home, with pay.)

On May 27, the state credentialing commission rejected the district’s complaint. That same day, investigators met with Esquith and asked him bizarre questions, such as did he know any teachers who didn’t like him and which women he dated in college.

Investigators eventually said they found a man who said Esquith had abused him when he was 8 or 9, during a time when Esquith was a teenage counselor at a Jewish summer day camp. The alleged incidents happened 40 years ago. The man told the Los Angeles Times that he reported this to a Los Angeles school board member and the police in 2006, but nothing came of it. Esquith has denied wrongdoing.

Los Angeles Times reporter Howard Blume revealed recently that cases like Esquith’s had previously been left up to principals, but after a 2012 molestation scandal, the district began to suspend and investigate hundreds of teachers for even small alleged infractions.

Esquith is being treated like a Wall Street cheat. On July 8, the district’s investigators asked him for all of his tax returns, loan and bank records since 2000, giving no reason. Many other teachers being similarly targeted are asking Esquith’s lawyers for help.

This is an investigation gone rogue. If it continues, the Los Angeles school district — previously devoted to helping its students — is at risk of not only losing an exceptional teacher, but also its very soul.

_______________

●Jay Mathews is an education columnist and blogger for the Washington Post, his employer for 40 years.

 

smf 2cents WaPo columnist Mathews is not some Washington Beltway pundit opining on LAUSD from three thousand miles away. He knows of who+what+where+when+why he speaks. Mathews is the journalist who ‘discovered’ Jaime Escalante: JAIME ESCALANTE TURNS STUDENTS INTO CALCULUS WHIZZES (Dec. 12, 1982) http://wapo.st/1JeGmYX

From Mathews 2010 obit for Escalante: “From 1982 to 1987 I stalked Jaime Escalante, his students and his colleagues at Garfield High School, a block from the hamburger-burrito stands, body shops and bars of Atlantic Boulevard in East Los Angeles. I was the Los Angeles bureau chief for The Washington Post, allegedly covering the big political, social and business stories of the Western states, but I found it hard to stay away from that troubled high school.

“I would show up unannounced, watch Jaime teach calculus, chat with Principal Henry Gradillas, check in with other Advanced Placement classes and in the early afternoon call my editor in Washington to say I was chasing down the latest medfly outbreak story, or whatever seemed believable at the time.” | http://wapo.st/1DsWS13

Mathews’s 1988 book ESCALANTE: THE BEST TEACHER IN AMERICA traced Jaime Escalante’s career from his native Bolivia to Garfield High School in East Lost Angeles, where he taught advanced mathematics courses to disadvantaged high school students, mostly Latino. Escalante’s story was the subject of the film STAND AND DELIVER (1988), which starred Edward James Olmos.

5 QUESTIONS WITH LAUSD SCHOOL BOARD PRESIDENT STEVE ZIMMER

Mary Plummer | KPCC 89.3 | http://bit.ly/1KiB8wL

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Los Angeles Unified's newly elected school board president, Steve Zimmer, speaks during a board meeting on July 1, 2015 at LAUSD headquarters. Maya Sugarman/KPCC
Audio from this story :
0:51 Listen

21July2015  ::  Steve Zimmer won the backing of his colleagues on July 1 to step in as Los Angeles Unified's new school board president and his plate is already piled high

Zimmer, who has held a seat on the school board since 2009 and served as a teacher and counselor at Marshall High School for 17 years, takes the helm of the seven-person board in the midst of ongoing troubles with the district's student data system, a burst of new state education funding, and questions about expansive, wasteful spending in the district's food services division.

Those are just a few of the items on a long to-do list for the school district, which is charged with educating over 540,00 students and is the country's second largest.

Education reporter Mary Plummer sat down to speak with Zimmer on Friday at KPCC's studios. The Q&A below has been edited for length and clarity.

What are your priorities for the school year ahead? What do you want the school board to tackle?

The most important task that the school board has in the coming school year is the search for the next superintendent of LAUSD. This search, both in process and outcome, is in many ways an assessment of the board and our ability to work together collaboratively, our ability to ensure that we have genuine public input into the process.

We are at a defining moment in public education. The definitional battles of the last five or six years about the role of public education, the role of democratically elected school boards, I think have largely been played out. I think that there is a collaborative sense of mission around public schools and particularly around our school district. We need to capture this moment. We can't transform outcomes fighting over different agendas. We can only transform outcomes by coming together and working collectively on behalf of kids. Our process has to really capture that.

The board will meet on July 30 to start just the technical part of the [search] process. I can't say for sure what the calendar will be until the board meets and is able to discuss it together. But I can, in broad strokes, outline that there will be a period of listening, there will be a period of search, there will be a period of winnowing down from that search.

And then there will be the deliberation over the group of finalists. All of whom I hope will be consensus builders, collaborators, and will have the proper balance of urgency and periphery to understand that to move forward it has to be all of us together. There's no shortlist.

I don't have hard and fast deadlines. What's really important to me is that we kind of listen to the soul of the process, that we're not thrust forward artificially but that we are exacting in our work, that we are professional and that we understand the urgency at hand.

We know roughly the first part of 2016 is when we need to be at a final stage. If we're able to arrive there sooner, we'll know it. If it feels that we need more time and we're truly listening while moving, we'll know it. I expect that the type of transparency we're hoping to have will lend a certain confidence to finding the right mix of velocity and care.

KPCC recently reported a teacher union executive's estimate that there could be up to 7,500 students who received incorrect transcripts recently.

That number has gone way down, I don't have a precise number. There were problems. There has been some trouble producing transcripts where students took courses at institutions other than LAUSD institutions. There have been some cases where certain tabulations were off. We're trying to understand how that happened and rectify that.

The problems weren't only due to MiSiS [the district's student data system]. In this instance, it really allowed us to do a deeper dive into oversight around transcripts and diplomas and critical end-of-school-career documents that I think is going to help us a lot moving forward.

That's not to say that any mistake is forgivable. These are kids' lives, and we're doing everything we can. We really put a team in place this summer to rectify the situation. I'm confident that by the time school starts this part of the situation will be resolved to the point that we will be sure it won't happen again next year.

This is not a full blown catastrophe or crisis. This is a fixable situation and I'm confident that we've got a team in place and that team together, I think, has really done some great work to resolve this over the summer.

Do I wish this never happened? Of course. We're trying to understand exactly what happened, how much of this was purely system error, how much might have been for whatever reason human error, and how much of it is kind of a hybrid of the two.

Superintendent [Ramon] Cortines has assembled the right team to understand what we need to learn to move forward and make sure this doesn't happen again.

How confident are you in MiSiS's ability to navigate the new school year. Do you think the issues we saw last year are resolved?

I don't use words like resolved. I use words like progress. I use phrases like we are really working on this and are attentive to it. I don't think it's going to perfect. I still think there are going to be struggles. There is no way we will see what happened last year.

What's your response to the food services division audit recently released by the district's inspector general that cited mismanagement, ethical violations and waste?

I'm not going to comment publicly on the food audit until I have the chance to meet with the entire board, other than to say it is something that is very serious and we're taking [it] very seriously.

What I will say in general is that our oversight and accountability actually affects the credibility of this district. Whether it is food services, construction management, instructional technology, our processes for procurement and our outcomes under that procurement are not at all separated from instructional outcomes.

It's an important thing to clear the fog around procurement processes and raise the level of stakeholder understanding of what these processes are. Only positive things will happen for kids when we do that.

What will your approach be as school board president? Do you have plans to run things differently?

I want to make sure that I continue [former school board president Richard] Vladovic's style of making sure that all voices are heard.

In terms of running things differently, I think that there's always a desire for kind of the nexus of greater efficiency, but also for the board to really perform the collaborative oversight role that we're charged with.

We are going to try and make committee work and the board meetings focused but also effective in terms of making sure that every minute that we spend is about children, about our schools and about the necessary roles that the board has to play to make sure that LAUSD is able to function.

That is a responsibility that's both awe-inspiring and awesome. I think each of us really has a sense of the weight of that and every indication that I've had so far is that there is a definitive collaborative spirit on this board and we understand that our work on the tasks at hand has to match the power of the dreams that every family in our school district has for their children.

THE SHOES CONTINUE TO DROP IN THE ¡VOTERIA! STORY –or– Whatever you call it, bribing voters is a bad idea + smf’s 2¢

It turns out that the “winner” wasn’t exactly the first winner!

By The Los Angeles Times Editorial Board |http://lat.ms/1OkQFdn

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Ivan Rojas, a 35-year-old security guard (center left), is the winner of a $25,000 voter participation drawing sponsored by the Southwest Voter Registration Education Project. (Los Angeles Times)

Rhymes with Bingo, Gringo!

smf 2centsCall me old fashioned, but I like to read my news on the news pages and get other peoples’ opinions on the Op-Ed pages.
But the Times Editorial Board got the outcome they advocated-for (The election of upstart Ref Rodriguez) …even if they didn’t like the process. And there was a lot more than the ‘gimmicky lottery of sorts’ not to like!

Here we find – for the first time – that Mr. Rojas was the first runner-up in the ¡Lotteria!

It's not just noteworthy, its newsworthy  that the first winner threatened to call the FBI because she didn't believe the contest was legitimate. Eventually, she turned down the money when told that her name would be made public. 

The questions of the contest’s legitimacy persist.

21July2015  ::  Perhaps the leaders of United Teachers Los Angeles will learn a lesson from the May election defeat of school board incumbent Bennett Kayser, whom they backed, by upstart Ref Rodriguez. Unfortunately, that lesson may well be that they must back up their next candidate for office by offering voters a cash prize to entice them to come to the polls.

That's the problem with the Voteria, a gimmicky lottery of sorts run by the Southwest Voter Registration Project. The organization, which works to boost voter turnout, especially among Latino voters, dangled a $25,000 prize to anyone who voted in the Kayser-Rodriguez election. Late last week it was announced that the prize went to Ivan Rojas, a 35-year-old security guard.

Rojas was the second person selected for the prize. It's noteworthy that the first threatened to call the FBI because she didn't believe the contest was legitimate. Eventually, she turned down the money when told that her name would be made public.

That's an understandable reaction. The civic act of voting for elected representatives doesn't readily mix with cash prizes and lotteries. It's true that too few people vote, especially in local elections, and more should be done to help potential voters understand what they stand to win or lose at election time. But bribing them is a bad idea; and as pure as the contest organizers' motives may have been, there is too much about the Voteria that is redolent of bribery.

After all, when every voter is automatically entered, every voter has a shot at winning, and a monetary value can be assigned to that chance. The Voteria organizers weren't promoting any particular candidate, but the Southwest Voters Registration Education Project does have a constituency — Latino voters. The organization is adept at communicating with those voters, some of whom, presumably, were on the fence about bothering to cast their ballots but did so after they heard of the contest. In this election, the Latino candidate defeated his non-Latino opponent. Voters who were aware of the prize were more likely to vote for Rodriguez by 2 to 1, according to the Center for the Study of Los Angeles at Loyola Marymount University.

Suppose that next time the organization offering cash payments to lucky voters is indeed pushing a particular candidate and does its outreach among voters likely to back that particular candidate. Suppose it's UTLA, for example. Or the police union, a real estate developer, a political party or anyone else. Or all of them at the same time.

Cash contests like the Voteria leave too much space for mischief and require careful examination and perhaps rule-making. That's something the Legislature should consider during the remainder of its term.

Monday, July 20, 2015

SUMMER ATTIRE AT LAUSD ADMINISTRATIVE HEADQUARTERS: The Fashion Police are contract professionals and the Grammar Police have the summer off

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smf 2cents

  • As a child of the sixties and a product of the so-called Golden Age of California Education  I learned there are some rules one is taught in school worthy of question and challenge, such as those dealing with “The Code of Dress”.
  • I also learned that there are some rules, like those of English punctuation and grammar, that must be followed – such as those dealing with the possessive apostrophe (…with which I am obsessed!)
  • My respect for the efficiency+professionalism of any school administrator who tolerates apostrophic misuse is seriously compromised.

Saturday, July 18, 2015

AUDIT FINDS MISMANAGEMENT, ETHICAL BREACHES IN LAUSD FOOD SERVICES AND DEASY-FOUNDED L.A. FUND FOR PUBLIC EDUCATION (3 stories)

By Teresa Watanabe | LA Times | http://lat.ms/1HAQ2L5

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Volunteer Renee Meshul, left, serves Randee Mervin from the garden table at lunch.  | (Anne Cusack / Los Angeles Times)

15July2105  ::  The Los Angeles school district’s massive food services program is riddled with mismanagement, inappropriate spending and ethical breaches, according to an internal audit released Wednesday.

The 33-page audit by the district’s Office of the Inspector General reviewed L.A. Unified’s revamped food procurement system, which was introduced five years ago to supply the nation's second-largest school food operation. Eight major vendors were awarded $750 million in food contracts spread over five years.

Under the new system, auditors found increased food prices, bloated inventories, incompatible computer systems to order food, a “haphazard” menu development process and insufficient controls over spending. The audit also found increased meal participation and greater innovation and flexibility.

L.A. Unified Supt. Ramon Cortines said district officials have already moved to tighten fiscal controls and spending oversight.

“The district takes these findings very seriously,” he said in a statement with Thelma Melendez de Santa Ana, head of the educational services office.

Cortines said he was particularly concerned about the lax oversight of a school meal marketing program funded by food vendors. The program was created in 2010 by Dennis Barrett, the former food services director who now works for the New York City Department of Education.

To win the contracts under the new system, vendors agreed to contribute more than $1.5 million to promote the district’s healthful food initiatives and educate students about nutrition.

The marketing efforts helped draw national attention to the district’s cutting-edge efforts to shift to healthier school food with lower fat, sodium and sugar — including praise from First Lady Michelle Obama.

But the audit raised questions about some of the vendor payments: $117,500 to philanthropist Meg Chernin’s Los Angeles Fund for Public Education, $65,000 to place Los Angeles Dodgers photos on school milk cartons, $6,800 for employee travel and conferences, and $581,000 to two Los Angeles public relations firms, RL Public Relations and Tatum Wan Co., among others.

The district axed the marketing program this year. Officials have also strengthened its supervision of food services staff members, improved oversight of purchasing and new menu additions and returned to competitive bidding, among other changes, the Cortines statement said.

Board of Education President Steve Zimmer said he would withhold comment until the board could meet to review the findings.

Fallout over the program has ensnared David Binkle, the district’s nationally known food services director, who has been removed from his post and ordered to stay home. Auditors found potential ethical breaches involving a private consulting firm he runs and a failure to report vendor-paid travel to food conferences.

Binkle has denied any wrongdoing and said all travel and marketing activities were legal, specified in the vendor contract proposals and approved by his superiors.

He declined to comment Tuesday until he could review the audit.

Binkle, a professional chef who joined the district in January 2008, helped adopt cutting-edge menus lower in sodium and fat, introduced breakfast and supper programs, increased meals served by 76,000 daily and promoted directives from the federal government and L.A. Unified Board of Education for healthier food.

In an earlier interview, George Silva, L.A. Unified’s procurement chief, said the district would no longer ask vendors to directly contribute money to promote school food. Instead, they would be asked to provide opportunities for student class projects on the food industry, field trips, workplace tours, online exchanges and other activities combining academic study with occupational training through the district’s “work-based learning partnership” program.

The vendors included Tyson Foods Inc., Jennie-O Turkey Store Sales, Goldstar Foods, Five Star Gourmet Foods, Driftwood Dairy and Don Lee Farms. The district is reviewing bids for a new set of contracts to replace those that expired this year.

L.A. Unified's $354-million food program serves 716,000 meals daily to 615,000 students at 1,200 locations.

_________________________________

Nonprofit Support Group Caught Up in Scandal at Los Angeles Unified

By Larry Kaplan | Nonprofit Quarterly | http://bit.ly/1Mc5Vuv

July 15, 2015  ::  A prestigious nonprofit support group affiliated with the nation’s second-largest school district, with a high-profile staff and blue-ribbon board of directors, found itself in the middle of a scandal over waste in Los Angeles Unified School District’s food program.

An audit of L.A. Unified’s food services program, released by the district’s inspector general, reveals “swanky hotel stays, cozy relationships with contractors and millions of dollars in waste,” according to a report in the Los Angeles Daily News.

The audit singles out the food services director, who has been collecting an annual salary of $152,000 while on paid leave for more than five months. David Binkle established a reputation as a promoter of healthy eating, appearing at the White House with first lady Michelle Obama.

According to the audit, the $341 million-a-year program had problems that can be traced back to the district’s decision to let food services forgo standard contracting practices in 2011, on the belief that administrative costs would be lowered. That gave Binkle almost complete control over millions of dollars in contracts, and the paper reports that he used that power to give preference to contractors who showered him with perks.

Those perks were not reported on forms mandated by state law. In addition, Binkle failed to disclose his food consulting company, which made more than $950,000 per year, according to the audit.

Money was spent from the district’s marketing fund to pay key executives at the nonprofit L.A. Fund for Public Education $117,500 to promote the district’s controversial breakfast program, which it features prominently on its website. The Fund is a blue-chip support group for L.A. Unified, whose board includes the mayor, the publisher of the Los Angeles Times and a number of entertainment industry bigwigs. The group says on its website that it “builds innovative partnerships to create solutions that will improve the educational, health and wellness outcomes for students in Los Angeles.”

Binkle denied authorizing the payment, claiming that the nonprofit was authorized to spend tax dollars without his permission. The Fund denied that, and said it had no direct involvement with the program because the individual executives worked directly for the district.

The audit also revealed that the district overpaid for meals provided by one favored contractor, which paid for airfare and hotel costs for district employees to attend a food conference, a violation of the district’s ethics policy.

The Daily News reports that LAUSD Superintendent Ramon Cortines says he has taken steps to prevent future ethical breaches and mismanagement. The audit also says that the food services department’s operating deficit more than tripled between 2010 and 2013, even though the district served 900,000 fewer meals, meaning that the cost of food increased 41 percent.

Some of that is due to buying the healthier food Binkle and the L.A. Fund promoted, but the inspector general said that the bulk of the increase was due to lax contracting practices, ordering too much food, duplicating orders and carrying excessive inventory. At the same time, the paper reports that about one-fifth of food served was wasted, even though food offered free by the USDA wasn’t ordered on time.—Larry Kaplan

_____________________

 

Audit finds millions of dollars in waste in LAUSD food program

By Thomas Himes, Los Angeles Daily News | http://bit.ly/1LtImg4

Posted: 07/15/15  ::  Swanky hotel stays, cozy relationships with contractors and millions of dollars in waste were uncovered by an audit of Los Angeles Unified’s food services program, which was released by the district’s inspector general on Wednesday.

At the center of the audit is Los Angeles Unified Food Services Director David Binkle, who has been collecting an annual salary of $152,000 while on paid leave for more than five months.

A champion of health eating, Binkle has appeared at the White House alongside first lady Michelle Obama and starred in Tedx Talks.

But according to the audit, the $341 million a year program under his direction was anything but healthy. Problems can be traced back to the district’s 2011 decision to let food services forgo standard contracting practices with the expectation that administrative costs would be lowered.

The decisions to forgo standard practices left Binkle with near complete control over millions of dollars in contracts. He used that power to grant price increases, change orders and modify menus for contractors who paid for him to stay at a swanky hotel in Beverly Hills and, at his request, covered the cost of airfare and lodging for a conference, according to the audit.

Those costs went unreported by Binkle on forms that are mandated by state law. Binkle also failed to disclose his food consulting company, which he formed after starting work for the district in 2007. His company made more than $950,000 per year, according to the audit.

The audit said the company Gold Star Foods covered Binkle’s costs for a night at the Hotel Palomar in Beverly Hills. The money was later reimbursed through the district’s marketing fund, a $1.6 million fund with little oversight or documentation to show why money was spent.

Gold Star Foods was given a 15.5 percent cut of every dinner served by the district for no apparent reason, according to the audit.

The district could have bought meals at a 15.5 percent savings directly from FiveStar Gourmet Food, but after a discussion between Binkle and Gold Star Foods representatives, it was decided the district would pay 23 cents more for each dinner, raising the price of every meal from $1.20 to $1.48.

The district spent $12.1 million on serving dinner in 2013, according to the audit.

FiveStar Gourmet, meanwhile, shelled out $8,831 in airfare and hotel costs for two employees to attend a food conference. The payment was made at Binkle’s request and in violation of the district’s ethic’s policy, according to the audit.

The inspector general couldn’t figure out why other money was spent from the marketing fund. For instance, staff members of the nonprofit, The LA Fund, collected $117,500 to promote the district’s controversial breakfast program.

Binkle denied authorizing the payment, claiming The LA Fund was able to sign off on the spending of tax dollars. The LA Fund denied the claim, saying it had no involvement with the program and thought individual employees were contracted by the district.

In another instance, a company volunteered to print Dodgers players on milk cartons free of charge but later collected $65,000 for it. Binkle said he thought it was free of charge and the audit doesn’t state who agreed to the payment.

In written statement, Superintendent Ramon Cortines said steps have already been taken to prevent future ethical breaches and mismanagement.

“The district takes these findings very seriously,” Cortines said. “We have alerted the Board of Education of these reforms, and will continue to provide updates.”

The audit also describes massive waste, as the food services department operating deficit more than tripled over three years leading up to the $78.6 million shortfall in 2013.

But even as the budget ballooned to $341 million, the district served nearly 900,000 fewer meals in 2013 compared with the 2010 fiscal year.

The increased budget reflects a 41 percent increase in the cost of food bought by the district. While the rising cost can partially be attributed to buying healthier food, the lax contracting practices led to a lack of competition and likely higher prices, according to the audit.

District officials also ordered too much food, duplicating identical orders and carrying inventories that were more than three times the recommended value of $3 million. Part of the problem was contracts that guaranteed a minimum purchase, according to the audit.

Meanwhile, up to 21 percent of food served went to waste, with an average of more than 9 percent over a three-week observation period, according to the audit.

While food the district was buying went to waste, vegetables, canned goods and other food offered free by the USDA weren’t ordered on time, compounding the cost of meals and waste, according to the audit.

Friday, July 17, 2015

MiSiS: THE GIFT THAT KEEPS ON GIVING

from the AALA Weekly Update for Week of July 20, 2015 | http://bit.ly/1HDjkXh


15July2015  ::  Just when we thought there could possibly be a light at the end of the dark and winding MiSiS road, the LAUSD community now faces another hurdlefaulty transcripts. Superintendent Cortines confirmed that there have been reporting issues with graduation requirements for students in the Class of 2015 resulting in potential errors on as many as 7,500 transcripts. For some reason, several transcripts show that students had met graduation requirements when they didn’t and vice versa for other students. In other cases, summer school grades just disappeared from the system, affecting credits earned and matriculation to the next grade level. While it was announced that these most recent problems have been resolved, those in the field claim there are still inaccuracies. Several additional steps for school site and local district office staff have been put in place, most of them entailing checks and balances to ensure the accuracy of the information in MiSiS.

The issue with transcripts is not new.

The same problems were occurring last October as seniors were preparing their college admissions applications. The District at that time hired retired educators to come in and verify by hand that the transcripts were correct and students were asked to compare their new transcripts with their old report cards. Several more millions of dollars were allocated to fix the problem then, so it is unsettling to see that the same thing is reoccurring now.

Superintendent Cortines had hoped that the system would be operating correctly by now, but recently admitted that it may take all of 2015-16 to get it fully functional. Last week, the MiSiS log of unresolved problems still exceeded 350. School staff members report that as soon as one problem is resolved another pops up. And now as we are less than a month away from the start of the new school year, administrators, counselors and teachers are holding their breaths that students will have accurate class schedules, that attendance reporting will be correct and enrollment counts can be taken.

From the wonderful folks who brought you Vergara: GROUP SUES 13 CALIFORNIA SCHOOL DISTRICTS FOR NOT USING TEST SCORES IN TEACHER EVALUATIONS

By Howard Blume | Los Angeles Times | http://lat.ms/1HV4nPf

1771639_ME_teacher_lawsuit_GMF_

Student Beatriz Vergara, 15, testifies in Vergara vs. California, which led to a ruling last year that could eliminate key traditional job protections for teachers in California.  (Gina Ferazzi / Los Angeles Times)

15 July 2015  ::  An education advocacy group sued 13 California school districts Thursday, claiming that they have ignored a state law requiring teachers’ performance evaluations to include student standardized test scores.

The lawsuit targets the largest school systems in the state that have barred such use of test results through collective-bargaining agreements with teachers unions. These contract provisions are illegal under state law, according to the complaint, which was filed in Contra Costa County.

The litigation represents the latest effort by Students Matter, a Los Angeles-based group that has turned to California courts to make changes in education law that were otherwise blocked at the state and local levels. The organization was founded by tech entrepreneur David F. Welch to build on other attempts to limit teacher job protections and hold them more accountable for student achievement.

Many states and school systems are using scores in instructors’ performance reviews in part because the Obama administration has offered them incentives, including grants and exemptions from some federal rules and penalties. The practice is among those favored by such influential organizations as the Bill and Melinda Gates Foundation and typically opposed by teacher unions.

Students Matter scored a victory last year when a Superior Court judge in Los Angeles ruled that several teacher job protections were unconstitutional. That case, Vergara vs. California, was watched nationally and spawned similar litigation in New York. The California ruling is on hold pending appeals.

If that decision is upheld, teachers would lose the right to earn tenure, and layoffs would no longer be based on seniority. The process for firing instructors also would be streamlined. The Legislature could pass laws restoring some of these job protections in another form, but they would have to survive court scrutiny.

The goal of the new litigation is to compel change across California. The 13 districts serve about 250,000 students of more than 6 million in the state.

“School districts are not going to get away with bargaining away their ability to use test scores to evaluate teachers,” said attorney Joshua S. Lipshutz, who is working on behalf of Students Matter. “That’s a direct violation of state law.”

The plaintiffs are six California residents, including some parents and teachers, three of whom are participating anonymously.

The suit doesn’t ask the courts to determine how much weight test scores should be given in a performance review, Lipshutz said. He cited research, however, suggesting that test scores should account for 30% to 40% of an evaluation.

A union leader called the effort misguided.

“There’s growing evidence, a ton of research, that shows the kind of evaluation system they would like to see happen is a disaster for public education,” said Joshua Pechthalt, president of the California Federation of Teachers.

Over-reliance on test scores creates negative incentives that he said contributed to the exam cheating scandal in Atlanta and to “narrowing the curriculum” to material appearing on tests.

“It distorts what happens in the classroom for students and educators,” he said.

The case, Doe vs. Antioch, follows earlier litigation involving the Los Angeles Unified School District. In 2012, an L.A. Superior Court judge ruled that the school system had to include student test scores in teacher evaluations. But the judge also allowed wide latitude for negotiation between the union and the district.

That decision was based on the 1971 Stull Act, which set rules for teacher evaluations. Many districts had for decades failed to comply with it, experts say.

Advocates initially went after L.A. Unified because it is the largest school system in California. Under a court-imposed deadline, the union and district signed a pact that incorporated the use of test scores; but, later, disagreements arose. The two sides are currently in negotiations over a revised evaluation.

“All the evidence points to the fact that a majority are not” complying with the law, said Bill Lucia, president of Edvoice, the Sacramento-based organization behind the previous Stull Act lawsuit.

The districts being sued are: Antioch Unified, Chaffey Joint Union, Chino Valley Unified, El Monte City, Fairfield-Suisun Unified, Fremont Union, Inglewood Unified, Ontario-Montclair, Pittsburg Unified, Saddleback Valley Unified, San Ramon Valley Unified, Upland Unified and Victor Elementary.

Those districts approved labor deals that don’t allow the consideration of student achievement in evaluations, according to the complaint, which contains excerpts from collective-bargaining agreements.

The contract for the Fremont district, for example, states that standardized tests “shall not be used in the performance evaluation of a unit member, unless by agreement.”

Pechthalt defended these pacts.

“These are districts where management and teachers have developed an evaluation system that works for them,” he said. “The Stull Act doesn’t prescribe in detail how an evaluation system should happen. There is some leeway.”

The issue has percolated in the state Legislature, which considered four bills this year affecting teacher performance reviews. The most contentious ones have been pushed into next year.

The California Department of Education was not named in the suit, but could become involved because Inglewood Unified is currently under state control as a condition of a financial bailout.

A spokeswoman said the department had not reviewed the suit and could not comment.

__________________300x169[1]

 

smf 2centsBeatriz Vergara (photo above) became the poster child for the Vergara lawsuit . The actual online Times coverage of this story contains not one but two images of the poster child for this action: the lamentable-but-unlamented John E, Deasy, (Broad Superintendents’ Academy Class of ‘06/current Broad Foundation Superintendent-in-Residence) -  Star Vergara witness and The Face That Launched a Thousand Suits.

Wednesday, July 15, 2015

IS THERE A KINDER, GENTLER WAY TO GET ANTI-VAXXERS TO SEE THE LIGHT?

By Jill Stewart | LA Weekly | http://bit.ly/1K809e1

Is There a Kinder, Gentler Way to Get Anti-Vaxxers to See the Light?

Illustration by Patrick Faricy

UPDATE: California officials have cleared an anti-SB 277 coalition, led by former GOP Assemblyman Tim Donnelly, to gather signatures for a ballot measure asking voters to overturn mandatory vaccinations for children. Experts predict the referendum will make the Nov. 1, 2016 ballot, meaning SB 277 can no longer take effect next June. The law must await the results of California's 2016 election. This challenge faces a tough battle, with 82 percent of the public favoring mandatory vaccines.

Wednesday, July 15, 2015   ::  Some of the first people to notice the anti-vaccination phenomenon in California were Santa Monica physicians like pediatrician Alice Kuo, whose UCLA clinic on 16th Street sits midway between the upscale industrial art galleries at Bergamot Station and pricey Montana Avenue, a shopping district favored by one of the most affluent creative communities on the West Coast.

Years ago, mothers began resisting vaccines, asking Kuo to delay, or let them skip altogether, shots for infants and small children that prevent polio, measles, whooping cough, tetanus, rubella, diphtheria and other sometimes deadly or devastating diseases eradicated or nearly eradicated in the United States years ago.

Kuo, a classic overachiever, is also chief of a special section at UCLA, where she prepares medical residents dually as pediatricians and internists, and trains them to advocate in Sacramento for children's health issues and against health disparities among the underprivileged.

At her pediatric clinic on the Westside, Kuo watched warily as an unexpected new imbalance began to emerge: "Affluent parents opting out," Kuo explains, "by choosing a substandard level of care for their own children — and in turn, a substandard health situation for people who get exposed to their children. They didn't want vaccines."

Kuo convinced many of her vaccine-fearing parents, mostly mothers, to agree to a pact: They could come to her Santa Monica clinic only if they agreed to fully vaccinate their children before kindergarten.

The parental pacts placed Kuo in a position to witness, up close, a compelling drama that was quietly unfolding in pockets across America: the struggles of the "anti-vaxxers" — actually comprising "vaccination delayers" and "hesitaters," too — whose attitudes baffle many scientists and government officials and anger society. They have weakened America's "herd immunity," which requires that 95 percent of people are vaccinated to protect everyone against once-common scourges.

"For too long, this country has had a system based on sick care, not preventive care," Kuo says. "Even today, a lot of people who are not anti-vaxxers have a hard time just with the flu vaccine. Vaccines are 'treatment before you feel sick' — it bothers people. But if a kid gets a deadly disease like whooping cough, whose fault is that? It's the parent's fault" for not vaccinating.

Measles, which killed 500 people and hospitalized 48,000 annually before development of the vaccine in 1963, was eradicated in the United States in 2002. Now outbreaks, set off by foreign travelers but often spread by non-vaccinated Americans, are back. The biggest outbreak of the past decade hit Disneyland in December and spread to about 150 people in the United States and Mexico, plus dozens in Canada, fueling a political upheaval in Sacramento that led to Gov. Jerry Brown's signing on June 30 of Senate Bill 277.

Under SB 277, parents must vaccinate their children before the kids start school or get a medical exemption from a licensed physician. Parents who refuse must home-school or set up "public independent studies" programs. The bill was co-authored by Sen. Richard Pan of Sacramento, a noted pediatrician, and Sen. Ben Allen of Santa Monica, whose own father was hit hard by polio before a vaccine finally wiped it out in the United States in 1979. Allen, a bilingual attorney with degrees from Harvard, Cambridge and Berkeley, tells L.A. Weekly, "If my father loses his balance, he cannot raise his own arms to break his fall" due to polio.

Now rising stars in the California Democratic Party, Allen and Pan handled with grace the most wrenching citizen furor since big crowds pressed into the Capitol in 2003 demanding the recall of Gov. Gray Davis. And Allen knows something of human strife, having served as a judicial clerk with the United Nations' International Criminal Tribunal for Rwanda.

During the throes of the vaccine controversy, Allen, taking a break over matzo ball soup at Canter's, talked about how "you'll see swastikas on the Internet, representing what Dr. Pan and I are trying to do."

But what Allen and Pan hoped for may not come to be. While medical professionals like Kuo are major supporters of SB 277, a doctor's own method of persuasion draws from human reasoning and personal trust. The state, by politicizing something as personal as medications and barring children from classrooms, has created unknown and potentially large risks. The government's intentions could backfire.

Allen's California Senate District 26, drawn as an outline upon a map of Greater Los Angeles, eerily encircles the concentration of schools where large numbers of parents skipped one, or all, of the shots needed for their children's vaccines (see accompanying map).

1. Westside Waldorf, 2. PS1 Pluralistic, 3. New Roads, 4. Goethe International, 5. Echo Center, 6. Play Mountain Pl., 7. Kabbalah Children’s Acad., 8. Westland, 9. Kids’ World. 10. Calvary Christian, 
11. Roosevelt Elem., 12. Santa Monica Alt., 13. Early Start, 14. Will Rogers Elem., 15. Wildwood, 16. New World Montessori, 17. St. Augustine, 18. Kenter Cyn Elem., 19. Valley Beth Shalom, 
20. Hollywood Schoolhouse, 21. Lycee Intl., 22. Franklin Elem., 23. Grant Elem., 24. Coeur D’Alene Ave. Elem., 25. Mar Vista Elem., 26. Hawthorne Elem., 27. Hancock Park Elem., 28. Larchmont Charter, 
29. Carpenter Comm. Charter, 30. Riverside Dr. Charter Elem.

1. Westside Waldorf, 2. PS1 Pluralistic, 3. New Roads, 4. Goethe International, 5. Echo Center, 6. Play Mountain Pl., 7. Kabbalah Children’s Acad., 8. Westland, 9. Kids’ World. 10. Calvary Christian, 11. Roosevelt Elem., 12. Santa Monica Alt., 13. Early Start, 14. Will Rogers Elem., 15. Wildwood, 16. New World Montessori, 17. St. Augustine, 18. Kenter Cyn Elem., 19. Valley Beth Shalom, 20. Hollywood Schoolhouse, 21. Lycee Intl., 22. Franklin Elem., 23. Grant Elem., 24. Coeur D’Alene Ave. Elem., 25. Mar Vista Elem., 26. Hawthorne Elem., 27. Hancock Park Elem., 28. Larchmont Charter, 29. Carpenter Comm. Charter, 30. Riverside Dr. Charter Elem.  |  Map by David A. Deis

"Some private schools, a Waldorf school, some charter schools — some of the better schools, to be honest — have very low vaccination rates," Allen says. "I find a lot of their [education] philosophies very attractive, and I come to this with a certain amount of sympathy. But while I absolutely respect them, government has a role to play. Measles are killing many people on planet Earth today!"

Pan and Allen's victory rests on its implementation. But some researchers who study the anti-vaxxers think the Legislature and Jerry Brown may have poured gasoline on a fire, especially when a much more concerted community approach, probably using nurse and pediatrician outreach to resistant parents, could have improved herd immunity in low-vaccination pockets.

"We may pay a significant cost, long-term, in public health, if this victory provokes a backlash," says Brendan Nyhan, a professor of government at Dartmouth College, who discovered that top-down government vaccine-education messages backfire, inspiring wavering parents to say they're even less likely to vaccinate.

"Sometimes there are events that catalyze people in politics, and the Tea Party is not a terrible example," Nyhan says. "We need all of these people — to protect everybody else."

In her practice, Kuo, the mother of two boys, has unearthed a hodgepodge of parental views: a cold and utterly false fear, stoked by disgraced British scientist Andrew Wakefield, that vaccines cause autism and other terrible diseases; a misbegotten belief that prolonged breastfeeding can sufficiently immunize infants; a personal phobia toward needles, which parents project onto their kids; a trend in which children are seen as exceedingly precious — not just plain old precious; an extreme distrust of the pharmaceutical industry; and a conviction that the National Vaccine Injury Compensation Program is proof of major vaccine injuries. (Despite its name, the body created by Congress requires no direct proof of injury, and serious injuries remain rare. It compensates families based on a variety of criteria.)

"I had one family in Santa Monica that was vaccine-hesitant," Kuo says, "and they dragged their feet with me for a very long time. Then it turned out they wanted to take an African safari, coming up in a few months. All of a sudden, they had to get caught up on the vaccine schedule — they had to get all of their shots for their child. And I was like, 'OK, where does this anti-vaccination belief system really come from?' You would not believe how common that sort of thing is in Santa Monica. Parents who won't vaccinate — until that very strong desire gets in the way of another."

Kuo believes the parents who formed Facebook pages with names such as "South Bay and Westside NO on SB 277" and stood in blocks-long lines to speak in Sacramento will not set up home schools, or move, or dream up some omnibus parental-rights initiative for the 2016 ballot. "It'll turn out to be a lot more work than they expect," she says. "Ninety-five percent will vaccinate."

But since Disneyland, their ranks have only ballooned, with compatriots as unlikely as anti-physician chiropractors, the Nation of Islam, conservative Republicans, United Teachers Los Angeles organizers, long-term breastfeeders, mothers of children with autism and other disorders, and get-government-off-our-backs libertarians.

"There's an emerging possible rump coalition that's totally new, people who all distrust government yet who've hardly ever intersected," says a GOP political consultant involved in the 2003 recall of Davis. "But now they've intersected on vaccinations, even Nation of Islam and Republicans. The political class in California pushed their way into people's personal rights. The [political class] could have a lot to lose."

But among all the groups opposing and questioning vaccines, the driving force, from the moment Wakefield published his trumped-up autism study in Lancet 17 years ago, has been mothers. And that makes Kuo's question key: Where does their belief system come from?

On April 28, a gasp went up in the anteroom of Sen. Pan's Sacramento office as pro-vaccination moms, waiting to meet with him, got word that the Life Chiropractic College West in Hayward had invited Wakefield to speak — and to slam the scientific community for ruining him. A newspaper was reporting that the chiropractic school had embraced Wakefield's exhortation that the students act as "pitchforks and torches" to halt SB 277.

One pro-vaccine mother in Pan's anteroom stepped behind an old polio victim sitting in a wheelchair, whispering to the other moms, "He shouldn't hear this!"

Since Jan. 7, when the Disneyland outbreak hit the news, the anti-vaxxers and vaccination-wary have been ridiculed, demeaned and called crazy. In response, they have grown far more organized, raised substantial funds and unleashed a torrent of off-base accusations and headline-grabbing actions.

On June 9, at an Assembly Health Committee hearing on SB 277, one mother shouted at San Diego Assemblywoman Lorena Gonzalez, co-author of the bill with Pan and Allen, "My child is more important than yours!" On July 3, several hundred protesters proudly marched through downtown Santa Monica with Wakefield, vowing to overturn SB 277 in court.

Jennifer Reich, a sociologist and health-policy researcher at the University of Colorado, has found that many anti-vaccination parents trust their own judgment over that of scientific institutions, which they feel apply vaccines too uniformly to children, and in some cases strongly oppose government reach into their personal lives.

In Reich's research, she says, "No parent mentioned a fear of their child infecting others, such as people in poor countries where they may travel. Their child was the entire center of their calculus, never 'What is my child's threat to others?'"

Vaccine opponents, who are mostly white, educated and middle-class or wealthier, have been plugging a racially explosive conspiracy theory that the Centers for Disease Control hid data showing that African-American boys in Georgia suffered a 340 percent "increased risk of autism" after getting a measles vaccination. A paper promoting this data, written by an anti-vaccine researcher, has since been retracted, and Snopes.com determined that the allegation was bogus, tracing its roots to data about already-autistic kids who later were vaccinated. But the tale attracted the Nation of Islam, whose leader in late June likened SB 277 to the racist Tuskegee syphilis experiment, in which inmates with the disease went untreated as they horribly deteriorated.

Top African-American organizations, including the California State Conference of the NAACP, National Coalition of 100 Black Women and Charles R. Drew Medical Society, immediately struck back at the Nation for sowing vaccine fear among black parents.

Nyhan calls the anti-vaxxers' resurrection of Wakefield, and their conspiracy theory about African-American boys in Georgia, "totally normal" attempts to defend closely held views. Educated, knowledgeable, creative people, he says, "are good at coming up with stories to defend against information they do not want to hear."

Defiance toward government is another key pillar, and the people who avoid or refuse vaccines are happy to explain why.

"It is just so very, very ironic and sad to me that the Democrats, the people who are for freedom, are doing this — somehow that tide has turned," says Hedy Hutcheson, whose questioning of vaccines began when she was a pregnant Westsider many years ago.

Anti-vaccination mom Hedy Hutcheson with sons Emerson, left, and Rhett Hutcheson and daughter Priscilla Duggan

Anti-vaccination mom Hedy Hutcheson with sons Emerson, left, and Rhett Hutcheson and daughter Priscilla Duggan
Photo by Danny Liao

Now a wealthy real estate investor in Hancock Park at the far eastern end of Allen's District 26, Hutcheson, a former Joffrey ballerina and Las Vegas dancer, says, "It wasn't too many decades ago that the medical profession was telling us smoking was safe, remember that?"

With a master's degree in homeopathic medicine, she trusts traditional medicine only so far; her three children, two sons, 10 and 17, and a daughter, 14, have never been vaccinated. Hutcheson follows a theory that vaccines can "hyper-alert" the immune system, causing autoimmune diseases. Her non-vaccinated daughter developed severe eczema as a toddler — "a red crust like a million mosquito bites" — which only strengthened Hutcheson's avoidance of vaccines.

"I never feel all the time that I made the best decision not to vaccinate," she explains. "I am never fully satisfied about it, but I look to my family history of autoimmune disorders.

"I have done my novice research."

Her mother, Millie Perkins, a 1950s international cover girl who starred in The Diary of Anne Frank, told her after Disneyland, "'What's the big deal? We all had measles — it was a childhood disease like a real bad flu.'"

“The point is, as a mother, why do I not have the right to take the risks with my own family?” —Hedy Hutcheson on her decision not to get her three children vaccinated

Hutcheson admits there is selfishness in her approach, saying, "The kids who do face harm are the ones who cannot be vaccinated because they have compromised immune systems — I do understand that. But once you do it to your child, it's irreversible, and it could be 50 years before you know what you have done, if ever."

Rather than bend to the withering criticism in newspaper editorials, public polls and late-night talk show jokes, Hutcheson, who believes in vaccines for most people, is seemingly more committed than ever.

Earlier this year, she sent her non-vaccinated 14-year-old daughter to Cambodia after consulting with their doctor and checking the CDC website. (For travel to Cambodia, the CDC recommends all vaccines plus the Hepatitis A shot.) Before that, her older son spent time in China, also without vaccines.

"She had a truly wonderful time and came back healthy," she says of her daughter. "The point is, as a mother, why do I not have the right to take the risks with my own family?"

Actor Tisha Banker might be considered an expert at navigating these shoals. During her first pregnancy she was doing her very best to become a vaccine doubter, when she suddenly pulled up short.

Banker now is one of 12 parents who act as the public faces of Vaccinate California, a group of volunteers that helped Allen and Pan promote SB 277. She's kept her sense of humor during an onslaught of sometimes creepy personal attacks, and notes that her Facebook "other email" folder, once peppered with notes from fans who enjoyed her in Criminal Minds or Pretty the Series, now sometimes gets "pictures of dead babies."

Banker was pregnant six years ago when a colleague on the Westside handed her reams of frightening vaccine info from websites like Natural News. She got scared and interviewed nine pediatricians, seeking one who would let her customize her baby's vaccinations. Eight doctors refused.

The ninth one "looked me at me and said, 'I can take you on a slowed-down vaccine schedule, as you are proposing, but not on an emotional basis because it makes you feel better. Bring me your scientific evidence.'"

Banker had an "aha" moment. "I'm a mom banging out a better vaccine schedule than thousands of doctors around the nation have agreed upon? What was I doing? I was caught up in my fear."

Pro-vaccination mom Tisha Banker, left, with husband Mark Banker, right, and kids Athena and Atticus

Pro-vaccination mom Tisha Banker, left, with husband Mark Banker, right, and kids Athena and Atticus
Photo by Danny Liao

Then last December, her extended family of in-laws was at Disneyland during the measles outbreak. On Jan. 7, when news of the outbreak broke, they went into full panic mode, trying to determine if everyone was OK. In February, she helped found Vaccinate California, and by April, she was representing the nonprofit at a sidewalk rally outside the LAUSD Board of Education, which was voting on a resolution backing SB 277.

Banker figured she'd meet like-minded people. Instead she was alone in a sea of 300 anti-vaxxers and other protesters organized in part by United Teachers Los Angeles activists.

"I'm wearing my T-shirt reading 'I Heart Vaccines.' Not the best call I ever made," she says. "I'm videotaping, and the crowd notices me and my shirt, and there's this surge toward me. And I look at this security guard, and he tells me, 'Just wait there.' So I tell him, 'Could you, like, look at my face so you can ID me later?' He cracks up."

The human surge pushed her into Beaudry Street. "One woman gets right up to me and says, 'Aren't you afraid of us? And I said, 'My name is Tisha, I'm a mom and you're a mom. You're just trying to do what's right for your kids, right? So am I.'''

Mothers began telling her their stories. Some claimed their children were "vaccine-injured" and left with autism or autoimmune disorders not caused by vaccines. "They were just happy to see someone they could put all their anger on," Banker says. "What saved me from a more tense situation was saying, over and over again, 'I respect you, but I don't want to discuss your medical theories with you. Tell me about your kid.'"

“They fear that if they allow their kids to get the shot, something bad will happen. I know because that’s what I feared — before I woke up.” —Tisha Banker, who did her best during her first pregnancy to become a vaccine doubter

Banker, like Dartmouth's Nyhan, believes existing institutions have failed to cope with how deeply these mothers' vaccine views are intertwined with their self-identity as a protective parent. "They fear that if they allow their kids to get the shot, something bad will happen, and the onus will be on them," Banker says. "They cannot get past that fear. I know because that's what I feared — before I woke up."

A growing body of research says the anti-vaxxers and vaccine resisters aren't unusual. They are among millions of people who take a stand closely tied to their self-identity, which is later proved wrong or harmful, and then can't let go. Until medical and governmental institutions in the United States figure this out, it may not matter what a California state law requiring vaccinations has to say.

Carol Tavris, a social psychologist and expert on cognitive dissonance, talks about the "majority of prosecutors in this country who have put away criminals later proved innocent, then fight for years to keep them behind bars," and the "large numbers of doctors who defended radical mastectomies after it was time to switch to lumpectomies."

"Thanks to the mind's built-in mental biases, you start looking for all the information that minimizes anything that suggests you might have been wrong," Tavris adds. "It's such an efficient mechanism, it gets harder and harder to go back. This mechanism entraps all of us — especially if it goes to the heart of how we define ourselves as competent and smart people. And the anti-vaccination movement has a belief uber alles. Because what is more vulnerable than my view of myself as a good mother or father?"

Nyhan, at Dartmouth, says California's leaders need to see their political win on SB 277 as potential trouble — the precursor to a possible political split that could threaten herd immunity.

Because these parents represent "a classic case of 'motivated reasoning' — the tendency to interpret information based on pre-existing attitudes," he says — the anti-vaxxers and more moderate waverers could dig in deeply, just as they did over Wakefield.

That, together with the mostly partisan legislative vote on SB 277, reflecting Republican anger over intrusion of government into personal decision-making, Nyhan says, "has me very concerned about what will happen if other states take a cue from California. We cannot have a partisan war on vaccines."

Andrea Snyder, a commercial actor in Santa Monica and mother of a 6-year-old, is comfortable within the anti-SB 277 crowd, including its more extreme elements. She sees the battle as one over constitutional and parental rights. "They would rather have us go home to our little lives and pay our bills and watch primetime and carry on as if everything will be fine in our little world," she says. "Maybe it will. Or you can get involved if you want things done differently. Somewhere along the way, we have given up our power."

Snyder and thousands of other parents this year perfected what they call "finding my people" through social media — educated urban professionals and creatives who think as they do. The sense of community reminds her of the months after the 1994 Northridge earthquake, when her neighbors at Park La Brea finally got acquainted.

"This is what it feels like when we cooperate together, and I really don't think we'll disappear back into our regular lives."

Snyder has meticulously read vaccine ingredients inserts and vaccine-wary websites, and has chosen to never vaccinate her daughter. Yet as pediatrician Kuo notes, "We in medicine are having national meetings about this! These parents are not making rational decisions based on anything we can hang our hats on."

A small group of school nurses in Santa Monica may have one answer, if SB 277 creates a new set of problems for herd immunity.

Of course, the bill might work. The anti-vaxxers might shrink back to pre-Disneyland numbers. The Republicans might not act on their anger over legislative intrusion. The anti-vaxxer fundraising set off by TV images of mothers misguidedly claiming to have "vaccine-injured children" might cool. And Sen. Allen, one of the most mindful leaders to arrive in the shallow waters of Sacramento in years, may come up with a second act that promotes bridge-building, which his and Pan's vaccine bill, realistically, could not do.

  • “We cannot have a partisan war on vaccines.” —Brendan Nyhan, a professor of government at Dartmouth College who discovered that top-down government vaccine education messages backfire

Nyhan and others suggest that a bridge be built to parents by those closest to their kids' health care.

Rochelle Fanali, president of the Santa Monica-Malibu PTA Council, offers up a real-life example. In Santa Monica and Malibu, nine school nurses this winter were encouraged by the council to telephone every name on the school district's personal-belief exemption list after the Disneyland outbreak, to ask them to reconsider vaccines.

"Of course, these calls were a very nervous-making idea," Fanali says. "You aren't going to change the minds of those who will not believe science. But the calls by our school nurses turned into a very positive experience."

Santa Monica-Malibu Unified School District nurse coordinator Lora Morn estimates her team called nearly 500 parents. They ran into loads of resistance, but many vaccine-hesitant parents listened. "We found that herd immunity was a new concept for most parents who had waivers," Morn says. "Many who were customizing their vaccine schedules agreed to the measles vaccine."

This spring, the PTA gave the Santa Monica school nurses an honorary award for, Fanali says, "work above and beyond the call of duty."

Kuo admires their efforts. "We have to reach them however we can," she says. She recently cut a deal with a mother who refused the mumps, measles and rubella (MMR) vaccine for her sons, 2 and 4. "A lot of doctors simply won't go along with this behavior," Kuo explains. But she urged the mother to at least let the boys get their polio shots; they'd renegotiate MMR later.

"I scored this as a win," Kuo says, "because I got a polio vaccine out of her. Health provider to parent — that's how a lot of this is going to be achieved."

Tuesday, July 14, 2015

Editorial: RECESS IS OVER, SCHOOL BOARD

Advice for L.A. Unified board: less kumbaya, more work – starting now …not in September!

By The LA Times Editorial Board | http://lat.ms/1CE8xPr

LAUSD education board

Dr. Richard Vladovic, then president of the LAUSD school board, talks with community members during a May session at Los Angeles Unified School District headquarters. (Los Angeles Times)

14July2015  ::  It's time once again for solidarity on the Los Angeles Unified school board, at least in the eyes of its members. This happens every two years, when newly elected members are seated. After bruising campaigns, they all metaphorically join hands and vow to work together in unity.

Meh. Board members don't need to pretend to agree or like one another. It's more important for them to speak their minds, smartly and to the point.

Even better: Hire a new superintendent already.

The board has so comfortably relied on Supt. Ramon C. Cortines, who stepped in after Supt. John Deasy left last fall, that it never even started the process of conducting a search. Cortines has indeed performed admirably, changing course on the disastrous iPad purchase and calling for an end to the unrealistic college prep requirement for a high school diploma. But the idea was never for Cortines to take over the job permanently. In fact, he recently indicated that he plans to leave in December. The pressure is on.

The board's excuse for inaction has been that it was waiting for the new members to take their seats and have a say in the selection. But it could have started the lengthy process six months ago by hiring a search firm, defining its priorities for the new chief executive and even winnowing the applicants to a group of semifinalists from which the new board could choose.

Though many people are calling for an open selection process, too much openness could work against successful recruitment. In a district this political, the unions and school accountability groups would demand very different things, slowing the search, and the new superintendent would be greeted by bad feelings from one side or another before the first day of work. Rather, the board should conduct a thorough search for a visionary yet pragmatic new leader and give the public regular, detailed updates on its progress without divulging candidates' names.

The board also needs to move swiftly, efficiently and transparently on other fronts. It has never identified its top goals for the next two to four years, which should include realistic strategies for improving academic achievement. It must figure out how to direct more state money to the most vulnerable students, improve middle schools and decide how it will grow its technology program.

And it's long past time for board meetings to become more businesslike, for the sake of the parents, teachers and students who want to participate but can't spend half the day cooling their heels. Members should stop wasting time with meaningless, symbolic resolutions and resist the urge to indulge in monologues that add little to the conversation.

Sunday, July 12, 2015

Last week in Washington: (HR 5) HOUSE PASSES ESEA REAUTHORIZATION / (S 1177) SENATE DEBATES ESEA BILL, AMENDMENTS

by email from the Brustein & Manasevit - Federal Update (B&M is the California  Department of Ed’s legislative advocate in D.C).

House Passes ESEA Reauthorization

4:45 pm 10Jul2015  ::  After nearly nine years of failed attempts and false starts, the U.S. House of Representatives managed to pass, in just one day, a reauthorization of the Elementary and Secondary Education Act (ESEA).  GOP leaders originally attempted to bring the bill, the Student Success Act (H.R. 5), to a vote in February, but pulled the legislation at the last minute when they realized they did not have the votes to pass it.  On Wednesday, after clearing the necessary amendments, the bill passed by a vote of 218-213.

The House bill modifies current ESEA accountability requirements related to student achievement by eliminating the requirement to determine adequate yearly progress (AYP) and the requirement to apply a specified set of outcome accountability provisions to failing schools and local educational agencies (LEAs).  H.R. 5 would, however, continue to require that States have standards and assessments for reading, mathematics, and science.  Those assessments would measure student academic achievement, but measuring student growth would be optional.  Further, while the bill continues to require States to identify the lowest performing schools, it would not require that a certain number or percentage of schools be identified as low performing.

The Student Success Act establishes a new option for distributing ESEA Title I-A funds to LEAs and schools (commonly referred to as portability or the State option).  Under the State option, Title I-A LEA grants would be calculated by ED using the four formulas prescribed by the current statute.  However, once the grants were calculated, each State would have the option to reallocate the total amount of Title I-A funds that were “earned” by the LEAs in the State under the current law formulas using a new formula.

States would be permitted to redistribute all of the Title I-A funds received to LEAs based on each LEA’s share of enrolled eligible children.  Under this option, any LEA or any public school that enrolled at least one eligible child would receive Title I-A funds.  House Democrats harshly criticized this language as it could take funds away from poorer schools in certain districts.  President Obama has issued a veto threat for any bill that comes to his desk with this language included.

H.R. 5 would eliminate the maintenance of effort (MOE) provision currently included in the ESEA.  This would allow States and LEAs to receive ESEA funds without any requirements related to their level of spending for public K-12 education.  This would allow States and LEAs to decrease their spending for public education by more than the 10% currently allowed each year, though it is impossible to know how many States would actually choose to do so.

The House bill also eliminates the current highly qualified teacher (HQT) requirement, as well as the ESEA provision to ensure that poor and minority children are not taught at higher rates than other children by inexperienced, unqualified, or out-of-field teachers.  While the bill backs away from the HQT requirement, it would allow LEAs to use Title II-A funds for the development and implementation of teacher or school leader evaluation systems.  States could also use Title II-A funds to provide technical assistance to any LEAs implementing such a system.

The House bill eliminates, among others, the following grant programs authorized under ESEA:

  • School Improvement Grants
  • Striving Readers
  • Advanced Placement
  • School Leadership
  • Math and Science Partnerships
  • Transition to Teaching
  • Ready-to-Learn Television
  • Safe and Drug-Free Schools
  • 21st Century Community Learning Centers
  • Fund for the Improvement of Education
  • Teacher Incentive Fund
  • Preschool Development Grants
  • Promise Neighborhoods
  • Elementary and Secondary School Counseling
  • Javits Gifted and Talented
  • Carol M. White Physical Education Program
  • Arts in Education
  • Grants for State Assessments and Enhanced Assessment Instruments

In place of these eliminated programs, H.R. 5 includes a new block grant program (the Local Academic Flexible grant) that would be authorized annually at $2.3 billion and would provide formula grants to States.  This grant would be designed to support activities aiming to improve academic achievement and student engagement and protect student safety, and would afford States and eligible entities (which include LEAs) considerable flexibility in how funds are used.

Under the new block grant program, States would be required to use at least 75% of the funds received to award competitive grants to eligible entities which include partnerships of LEAs, community-based organizations (CBOs), institutions of higher education (IHEs), business entities, and nongovernmental entities.  All partnerships would be required to include at least one LEA.  In addition, the State would be required to use not less than 8% of the funds received to award competitive grants to non-government entities.

States may reserve not more than 17% of the funds received for “State activities and administration.”  For instance, in addition to using funds for administrative costs, States could use funds for developing standards and assessments, administering assessments, monitoring and evaluating programs and activities receiving funding, providing training and technical assistance, implementing statewide academic focused programs, sharing evidence-based and other effective strategies, and awarding grants for blended learning projects.

Grants to LEAs and other eligible entities could be used for:

  • Supplemental student support activities (e.g., before or after school activities, summer school activities, tutoring, expanded learning time) but not athletics or in-school learning activities; and
  • Activities to support students (e.g., academic subject specific programs, adjunct teacher programs, extended learning time programs, parent engagement) but not class-size reduction, construction, or staff compensation.

All eligible entities that submit an application that meets the requirements of the grant application process would receive a grant of at least $10,000.  An LEA could only receive one grant award per year, but the grant could support multiple projects.  Grants to non-governmental entities would be required to be used for a program or project to increase the academic achievement of public school students attending a public elementary or secondary school.  Grantees would be required to provide non-federal matching funds equal to or not less than 50% of the grant amount.

During the debate on the House floor, five amendments were also adopted:

  • Representatives Rokita (R-IN) and Grothman (R-WI): Sets the bill’s authorization from fiscal year 2016 through 2019.
  • Representative Zeldin (R-NY): Clarifies that States may withdraw from the Common Core State Standards or any other State standards without any penalty from the Secretary of Education.
  • Representative Hurd (R-TX): Expresses the sense of Congress that students’ personally identifiable information should be kept private and secure.
  • Representative Loebsack (D-IA): Creates a new digital learning program for rural schools.
  • Representative Salmon (R-AZ): Allows parents to opt their student out of the testing required under the Act and exempts schools from including students that have opted out in the schools’ participation requirements.

Believe it or not, passing the bill was the easy part.  The House must now wait for the Senate to complete action on its own ESEA bill, which is currently on the Senate floor.  More than 100 amendments have been offered in the Senate, so it may take more than week for the Senate to bring the bill to a final vote on the floor.  Assuming the Senate passes its own bill, the two bills are far enough apart on certain issues that a conference to reconcile the two bills will likely take a while to complete.  With the August recess approaching, the chances of seeing a final bill ready for the President’s signature before October are slim.  Even then, depending on what bill makes it through both chambers, the President’s signature is far from guaranteed

Resources:
Jeffrey Kuenzi and Rebecca Skinner, “ESEA Reauthorization Proposals in the 114th Congress: Selected Key Issues,” Congressional Research Service, May 14, 2015.
Author: SAS


Senate Debates ESEA Bill, Amendments

On Tuesday, the Senate began consideration of S. 1177, the Every Child Achieves Act, which would reauthorize the Elementary and Secondary Education Act (ESEA).  More than 100 amendments have either been introduced or at least mentioned by certain Senators.  A number of votes have already taken place, and many more are expected over the next week.  While the House was able pass its own ESEA bill in a single day, the Senate may take two weeks or longer to get a final vote on the bill.

While Tuesday’s debate focused simply on various issues and planned amendments, votes began at noon on Wednesday.  During the first full day of consideration, the Senate approved the following amendments:

  • Senators Jack Reed (D-RI) and Thad Cochran (R-MS): Strengthens the role of school librarians and effective school library programs;
  • Senators Mark Warner (D-VA) and John Cornyn (R-TX): Allows districts to use Title IX funds to pay for fiscal support teams to better allocate limited administrative resources;
  • Senator Mike Rounds (R-SD): Requires the Secretary of Education and the Secretary of the Interior to conduct a study regarding elementary and secondary education in rural and poverty areas of Indian country;
  • Senator Jon Tester (D-MT): Restores four programs eliminated in the underlying bill that are aimed at improving education for Native American students;
  • Senator Patty Murray (D-WA): Requires schools to report spending differences on girls' and boys' sports, as well as report on the number of coaches and personnel for girls' and boys' athletic teams; and
  • Senator Michael Bennet (D-CO): Directs the comptroller to conduct an effectiveness study of all programs under ESEA.

Debate continued on Thursday, along with another group of amendments that were approved, including:

  • Senator Pat Toomey (R-PA): Prohibits States from a practice known as "passing the trash," in which a school allows a known child molester to resign quietly and helps that person find a new teaching job;
  • Senator Sherrod Brown (R-OH): Allows the use of federal funds to put school coordinator resources in schools;
  • Senator Rob Portman (D-OR): Provides supports for students addicted to drugs;
  • Senator Tim Kaine (D-VA): Makes career and technical education (CTE) a core subject;
    • While the underlying bill eliminates the HQT requirements, adding CTE as a core subject would allow LEAs to use funds for extended learning time on CTE activities, among other uses;
  • Senator Dianne Feinstein (D-CA): Allows school authorities to certify that a student is homeless;
  • Senator Joe Manchin, (D-WV): Allows schools to use federal funds on programs that promote volunteerism and community service;
  • Senator Deb Fischer (R-NE): Prevents federal intrusion into how local schools are governed;
  • Senator Cory Gardner (R-CO): Allows funds to be used for dual or concurrent enrollment programs;
  • Senator Claire McCaskill (D-MO): Allows teachers certified in one State to teach in other States without completing additional licensures;
  • Senator Kristen Gillibrand (D-NY): Increases access to science, technology, engineering, and mathematics (STEM) for underrepresented groups of students;
  • Senator Bob Casey (D-PA): Ensures that if a child with disabilities needs an adaptive device to take a test that the child is familiar with the device before the test day;
  • Senator Amy Klobuchar (D-MN): Allows districts to create STEM specialty schools or STEM specific programs within schools; and
  • Senator Dean Heller (R-NV): Requires States to submit their Title I and Title II plans to governors for review.

While some of the amendments that passed, and quite a few that did not, did generate some heated debate, some of the more controversial amendments have yet to hit the floor.  Senator Richard Burr (R-NC) is planning to offer an amendment that would replace the four funding formulas currently used under Title I with a single formula that places more weight on poverty numbers than population.  While all but 15 States would get more funding under this proposal, according to the Congressional Research Service, many districts would likely lose money.  Many Senators have already come out against the amendment.  Senator Dick Durbin (D-IL) went so far as to say he would use every legislative tool in the tool box to ensure the amendment fails.

Debate and consideration of the various amendments will continue next week.  Once the Senate has a final bill, it can go to conference with the House to reconcile the differences between the two bills.  Considering how far apart the two bills are on certain provisions, it may be quite a while before the two chambers can generate a bill that will win approval on both sides of the Capitol.

Resources:

Lauren Camera, “Senate Rejects School Voucher Amendment During ESEA Debate,” Education Week: Politics K-12, July 8, 2015.
Lauren Camera, “Senate Rebuffs ESEA Amendment to Let States Opt Out of Federal Accountability,” Education Week: Politics K-12, July 9, 2015.
Author: SAS

Saturday, July 11, 2015

Rafe Equith+’Teacher Jail’: HAS LAUSD’s APPROACH TO TEACHER DISCIPLINE GONE TO FAR?

By Howard Blume  | L.A. Times |  http://lat.ms/1dSnQbJ

Miramonte Elementary School

Miramonte Elementary School in South Los Angeles. In the wake of the campus' child abuse scandal, the Los Angeles school district took unprecedented steps to better protect students. But some wonder if the new approach has gone too far. (Robert Gauthier / Los Angeles Times)

11July2015  ::  In the wake of the Miramonte child abuse scandal, the Los Angeles school district took unprecedented steps to better protect students: Hundreds of teachers were removed from classrooms, an investigative team took over probes from principals and officials lobbied for state laws to make it easier to fire instructors.

School officials scoured personnel records and reported far more cases of potential misconduct to law enforcement authorities and the state teachers credentialing agency.

But the removal of a renowned educator from his classroom in April has raised questions about whether the new approach to teacher discipline has gone too far. It also overshadowed recent efforts to treat accused instructors more humanely.

Supporters of fifth-grade teacher Rafe Esquith say the investigation has been unreasonably secretive and more of a fishing expedition than a focused probe.

L.A. Unified School District officials, however, defend their efforts in this case and others, saying these investigations can take time and that Esquith's suspension from school was appropriate, regardless of the outcome. The officials said the inquiry began after Esquith made a reference to nudity in class.

School board president Steve Zimmer, a teachers union ally, said he couldn't comment on the ongoing Esquith case but did say that the district has worked to find the best approach to investigations and, along the way, had to err on the side of caution.

"I'm proud of the fact that we're doing a better job of protecting students, but I'm not proud that the rights of employees suffered in that pendulum swing," Zimmer said last week. "This is tough stuff and now we're attempting to rebalance post-Miramonte."

In January 2012, Miramonte third-grade teacher Mark Berndt was arrested on suspicion of lewd acts with dozens of children. He was sentenced to 25 years in prison. The district paid out record settlements — nearly $170 million — to alleged victims and their families.

Shortly after the arrest, then-Supt. John Deasy instituted changes in the handling of misconduct allegations. He removed the staff at Miramonte for the remainder of the school year and launched the comprehensive review of employee files. That survey uncovered a small number of employees who, like Berndt, had escaped close scrutiny despite warning signs or earlier allegations of abuse.

Meanwhile, teachers complained that the district had become overzealous, or worse. Some administrators, they said, were using any allegation to get rid of instructors they disliked. Minor infractions, they said, suddenly became grounds for dismissal and unproven allegations were enough to keep a teacher from ever returning to work.

This is tough stuff and now we're attempting to rebalance post-Miramonte. - Steve Zimmer, L.A. Unified school board

"It's been an ongoing concern that often the people who have been caught up in these investigations are people who we think are being targeted for something other than what is stated, if anything is stated, such as union activity or teacher-performance issues," said Alex Caputo-Pearl, president of United Teachers Los Angeles.

Many teachers under a cloud were fired or pressured to retire. Of the 359 who were suspended after Berndt's arrest, many remained in limbo for months or longer — including some who were cleared of wrongdoing or disciplined for minor violations of district rules.

Employees who were removed from their schools typically reported to district administrative offices where they waited out the school day, which they referred to as teacher jail. Most continued to be paid.

"The most important thing is not the length of the investigation, but that we get it right," said Gregory L. McNair, a senior attorney with L.A. Unified.

The district wasn't prepared for the post-Miramonte deluge, officials said.

After Berndt's arrest, the number of employees pulled from classrooms soared; more than a third of the allegations involved sexual abuse or harassment.

On the day of Berndt's arrest, 161 teachers and other staff had been removed. By June 2012, that number was 284. Nearly a year later, it was 322.

L.A. Unified had long relied on principals to conduct internal inquiries, but officials concluded that these administrators frequently lacked the time and expertise.

As a result, the district last year assembled an 11-member Student Safety Investigation Team, at a cost of $1.8 million annually.

The team has opened 219 investigations, including Esquith's case, and completed 180, according to the district. Of those, 30 resulted in dismissal proceedings, 34 returned to work without discipline and five employees resigned; the unit didn't track the resolutions of many of the cases.

●●smf: Excuse my math, but of 180 completed investigations, 30 resulted in dismissal proceedings, 34 returned to work and 5 employees resigned?  That accounts for 69. What happened to the other 111?

The number of employees removed from classrooms — or "housed," as the district calls it — has dropped to 174.

Union leaders, however, said the district hasn't followed its own policies on disclosing information to accused teachers and closing cases quickly.

Under the teachers contract approved in April, the union and district will meet monthly for a status report on suspended employees. There also are firmer timelines for conducting investigations and providing information.

"We're encouraged there is the potential to move to a better system that protects student safety, but also honors due process and classroom stability," Caputo-Pearl said.

The district already had reconsidered some practices. A year ago, teachers were allowed to wait out their suspensions at home. And more teachers were permitted to continue teaching while an inquiry proceeded, provided that student safety was not an issue.

In Esquith's case, the district initially looked into a joke he had told about nudity — a reference to a passage in "The Adventures of Huckleberry Finn." Investigators then turned to his nonprofit foundation, which pays for an annual play, field trips and tutoring. Later, they learned about an abuse allegation from 40 years earlier, which became part of the inquiry.

Esquith has defended the joke as a literary reference that his students at Hobart Boulevard Elementary were knowledgeable enough to understand. Through his attorneys, he denied any wrongdoing related to other topics of the inquiry that have come to light.

Esquith attorney Ben Meiselas said his team is considering a class-action suit against L.A. Unified over the treatment of teachers because, "what's happened to Rafe is completely consistent with dozens of calls and emails we get from teachers every day — all with horror stories that are eerily similar."