P E Y T O N W O L C O T T |
| h o w w e t a k e b a c k o u r c h i l d r e n ' s e d u c a t i o n -- o n e p e r s o n , o n e q u e s t i o n , o n e s c h o o l a t a t i m e . Copyright 1999-2006 Peyton Wolcott |
| Modern Minutemen: Susan Bushart |
| From classroom mom to public records researcher to publishing "Eanes ISD Community Updates" |
| "Let's get all of our school districts' public records out in the open and 100% available to all-- everything except confidential student information." |
| "The reason I'm doing this," Susan says of her public records activism from her home just west of Austin, in her Texanized New England accent, "has always been simply to find out how much my school district is spending and where and how they're spending it. Is the money being spent in responsible ways that benefit the most children?" |
| Abandoned Eanes ISD student-painted mural found and donated by the Bushart family to local library (more below) |
| Susan Bushart |
| Susan Bushart Why I do what I do In her own words When I became aware three years ago that nursing positions were part of Eanes' budget cuts, I was immediately concerned because our son had just been injured at a private school where the school had no nurse on staff. What happened One day during recess our young son was playing on the jungle gym on the school playground. Unfortunately, although school personal recognized that his behavior that afternoon was atypical, no medical attention was sought or available. When I arrived to pick him up after school at the usual time, I found a child 'sleeping' but arousable who couldn't stand without falling. It was at that point the substitute teacher told me about my child's accident on the playground. Concussion Being a nurse myself, I immediately recognized that my child had suffered some sort of brain injury and took him immediately to the hospital emergency room where his concussion was diagnosed; the medical staff told us they believed our son had suffered a seizure at school as a result of the injury. Thankfully, our child suffered no permanent damage; however, the risks remain on every campus lacking immediate access to medical assessment for an outcome less fortunate. Children going without basics It concerns me that Eanes puts its students at risk by no longer having trained nurses on all of its school campuses--and that some of our children are going without nurses on their own campuses in order to pay for luxuries for adult employees such as travel and designer sportswear. I was concerned about where my school district appeared to be placing its priorities. |
| Volunteer roots Among Susan's caring-parent undertakings in her children's schools over the past decade and a half: Cub Scout leader (twice), Girl Scout troop leader, homeroom mom for each of the four, PTO, member of the Eanes ISD Gifted & Talented District Advisory Committee, member of Eanes TAG Ass'n, and a Westlake Band Parents booster. And the Busharts were a foster family for the Austin Humane Society, which explains the succession of dogs. Plus Susan donates her artwork for school auctions. |
| One area of particular interest to Susan since the very beginning has been spending by the high school's booster club, her concerns both pertinent and timely given the spate of problems across the U.S. in public schools related to booster club finances (see pink boxes at far right). |
| Moving towards greater transparency "It would be good to see school districts open up their checkbooks to the public by posting them online," Susan says. "If a school district places all of their checks out where the public can see them, whether on a district's website or easily, readily and immediately available at the district's administra- tive offices, or perhaps the local library, this would be a positive step for everybody; one wonders why all districts everywhere aren't already doing this." |
| Responding to a call to action When Eanes announced budget cuts for basic services such as librarians and nurses, Susan began filing a series of public records requests at the same time as her friend Dianna Pharr for much the same reasons: to discover where Eanes was spending tax dollars, and how, in the hope that the schools wouldn't have to lose necessities like librarians and nurses. Bushart organized the records they got from the district, donating 18 volumes of Eanes information to the Westbank Community Library. "The information is just information; it's not their analysis of it," said library director Beth Fox prior to the notebooks' removal. "I think in a situation like this it would have been very easy, very tempting to make judgments." Collecting the records meant mastering the Texas Public Information Act and spending their own funds to pay for the fees the district charged for records. Pharr and Bushart appealed to school board members to waive the fees, permitted under state law if "providing the copy of the information primarily benefits the public." The trustees denied the waiver request. Bushart said they asked for a fee waiver only for the athletic spending records because several people had requested similar information at open board meetings. "I've paid the money and not asked for any fee waivers on any of the other stuff," she said. (SOURCE--Kathy Blackwell, Austin American-Statesman) |
| Among Susan's searches re Eanes' Jumbotron: How much Eanes ISD actually paid for it, how much income did it actually generate, did the district follow all laws, and what are the real costs of operating it. |
| Susan's handiwork |
| CLOSEUP: Let's look at a recent public records request-- and the information it turned up |
| August 2, 2006 Superintendent & Public Information Officer Eanes Independent School District 601 Camp Craft Road Austin, Texas 78746 Dear Dr. Wellman, Pursuant to the Texas Public Information Act, please allow me to view any and all documents that show or reflect the bidding process (as defined in Eanes ISD Board Policy CH LEGAL found at www.tasb.org/policy/pol/privat e/227909/pol.cfm?DisplayPage =CH(LEGAL).html&QueryText= BID%20PROCESS) for services relating to the advertising income/ contracts associated with the Jumbotron, radio broadcasting, and/or school property signage. This contract was previously awarded to Action Sports Media. It is my understanding that the non profit athletic booster club Westlake Chap Club Inc. currently solicits, administers and benefits from these advertising agreements. I would like to view all documents that reflect that the award of this district financial commitment/ contract was offered out to bid to the general public between the dates July 1, 2002 and today's date. Responsive documents would include but not be limited to: 1. Public Notice 2. Selection Criteria 3. Bid proposals 4. Board consideration and/or approval of bids and/or contracts 5. Contracts awarded 6. Evaluations of the Westlake Chap Club, Inc. performance relating to advertising income Thank you for your assistance. |
| UPDATE: Negative responses from Eanes' leadership regarding the presence of the public records at the library led to Susan and Dianna's decision to remove the 18 volumes. |
| UPDATE: The documents Eanes produced responsive to this request indicate that Eanes failed to use a bidding process before transferring control of the Jumbotron to the Chap Club--in apparent violation of state law. |
| October 23, 2006 Eanes ISD board votes to file Amicus Curiae brief Eanes' trustees today agreed with supe Nola Wellman's recommendation that the district file an amicus curiae (friend of the court) brief in Lake Travis ISD's public records SLAPP* lawsuit against parents David and Melissa Lovelace. *SLAPP = "Strategic Lawsuit Against Public Participation" |
| SUSAN BUSHART'S 'COMMUNITY UPDATES' During the winter of 2005-06, Bushart began sharing her public records findings in a series of "Community Updates." Here's #15: |
| Public records command central at Eanes ISD The big EISD boardroom sits empty most of the time (above). Are surveillance cameras trained on records viewers hidden in the ceiling lights and air vents? "Sit here," they say, pointing. You sit in the precise chair they point to, look up and wonder. |
| March 30, 2006 Dear Eanes Friends, This week I've sent you three updates illustrating my attempts to access contracts, proposals, requests, and/or agreements, between the Eanes Independent School District and the Westlake Chap Club and/or Westlake Chap Club Inc. related to advertising income generated by the stadium signs, parking spaces and radio broadcasting. As mentioned in Eanes ISD Community Update #4, I have also asked for information relating to advertising income generated by the Jumbotron. Another Eanes taxpayer requesting similar documentation received a response from the EISD Records Management Coordinator on January 11, 2006 indicating that there were no documents held by the district reflecting advertising revenue from the stadium signs, gymnasium signs, jumbotron and/or radio broadcasting.* A letter was sent to our superintendent, Nola Wellman on March 23, memorializing the numerous unsuccessful attempts to access these financial records. This communication presented several questions and disturbing conclusions.** Nola Wellman has not responded. The quest for this information was expanded to an internet search. You can imagine my surprise to discover answers to some of these questions in an article published on the financial website Bloomberg.com. The article mentions Westlake Chap Club President Bill Orr and states: "Orr, president of Westlake High's Chaps Booster Club, says his best fund-raiser included a golf tournament and auction that offered a guitar from the rock band the Eagles and Elvis Presley records. It raised $68,000. The club raised another $80,000 selling corporate-sponsorship space on the electronic scoreboard. A donation of at least $1,000 delivers a reserved parking spot at 12,000-seat Chaparral Stadium on game days. There were 50 sold this year." *** Although this article claims the Westlake Chap Club raised $80,000 selling corporate-sponsorship space on the electronic scoreboard (Jumbotron), a document submitted to EISD by the Westlake Chap Club indicates only $52,416.68 was raised.**** Of that amount, the Eanes Independent School District received only $18,203.24 income. I don't have information clarifying what accounting fund EISD deposited the revenue into. Questions for consideration: -Why did EISD state on January 11, 2006 that the district had no documents relating to Jumbotron advertising income when they in fact had the Chap Club statement dated August 16, 2005? - Why did EISD expend public education dollars on legal fees attempting to withhold documents relating to the Jumbotron contracts, proposals, agreements and income associated with the Westlake Chap Club. - Why won't EISD and/or the Westlake Chap Club provide access to the agreement referenced in the August 16, 2005 statement?**** - Why didn't EISD provide any documents reflecting board consideration and/or vote relating to agreements with the Westlake Chap Club's association with the Jumbotron? - Why is there a difference of approximately $28,000.00 in claimed Jumbotron revenue between the internet article and financial accounting provided to our district? - Why is the Westlake Chap Club willing to discuss the organization's finances with reporters, yet unwilling to share the substantiating documentation with our taxpayers? Once again I encourage both the Eanes Independent School District and the Westlake Chap Club to provide easy access on their websites to information relating to the income and expenditures of public education funds allowing for clear understanding of our district's policies and spending priorities. Wishing all the best for our students, our parents, our teachers and our taxpayers, Susan Bushart Questions relating to the revenue generated by the Jumbotron can be directed to: Nola Wellman - Superintendent nwellman@eanes.k12.tx.us Susan Pulis - Assistant Superintendent Business Affairs spulis@eanes.k12.tx.us EISD Board of Trustees trustees@eanes.k12.tx.us Westlake Chap Club Board of Directors (Co-Presidents) Liz Ann and Bill Orr * See attachment EISD response to ORR #1228 ** See attachment letter to Nola Wellman *** Link to article http://www.bloomberg.com/apps/news?pid=10000103&sid=aaqG21AIhLvM&refe r=us# **** See attachment Chap Club Jumbotron collections |
MORE RE EANES ISD's DOCUMENT PRODUCTION PROCEDURES The Eanes ISD boardroom (above right) is where public records viewers are taken to pore through reams of records. You're alone in this room except for the records clerk; there is no other business being transacted in this very large open space. Despite this, Eanes has maintained with both Susan and me that our use of small digital cameras to record occasional pages is 'disruptive'-- despite letting another parent use both a camera and a scanner. Curious? Want more information? The Attorney General's hotline advisor, a lawyer, at last contact was still telling parents and taxpayers it's okay to use a small digital camera when viewing public records, citing Texas Attorney General Opinion JM 757. |
| QUESTION FOR THE HISTORY BOOKS Did DA Ronnie Earle choose to chase after Tom DeLay in Houston, Washington for political motives rather than clean up the mess in his own back yard? |
| Travis County DA Ronnie Earle (right) with Linebarger Goggan partner Ken Oden at 1989 fundraiser; Linebarger has reported handling as much as 85% of all delin- quent Texas property taxes for school districts. |
| The Travis County District Attorney has an ability unique among all other Texas DA's: He can prosecute anyone who offices in his jurisdiction. Think about it. This would include headquarters for a myriad of organizations. Ah, the glamor! Ah, the political appeal! Ah, how easy it would be to relegate parents to a back burner. As it is, Ronnie Earle's jurisdiction also includes Eanes ISD. When Susan Bushart's and Dianna Pharr's complaints finally made it after a two-year wait to Earle's grand jury, with a presentation by an assistant DA--not Earle himself--neither mom was invited to testify, nor were they privy to anything that was said. |
| The story behind the Eanes student mural |
After the mural (above) was painted by students at Eanes ISD Hill Country Middle School, it hung on the school's walls for several years where it became part of the building's tradition. Every student in the class which produced it had a hand in the mural. When HCMS underwent remodeling a few years ago, then-principal Cory Duty decided the mural didn't go with the school's new decor and put it on the eBay auction block. The Bushart family found the mural online, bought it and donated it to Westbank Library--where it hangs today for all to enjoy. |
| Deposit slip for $25,000 "Students earn for broadcast of games - Jumbotron work" |
| QUESTION: WHY IS MRS. NEELEY'S CALENDAR SO FULL THAT SHE IS UNABLE TO MEET WITH TEXAS PARENTS? |
How we take back our children's education: one person, one question, one school at a time. |
AASA - American Association of School Administrators ASA - Association of School Administrators CSD - Consolidated School District DOE - Department of Education ES - Elementary School HS - High School ISD - Independent School District JHS - Junior High School MS - Middle School MSM - Mainstream media NSBA - National School Boards Association NSPRA - National School Public Relations Association PS - Public School(s) SBEC - State Board for Educator Certification SD - School District Sup't - Superintendent TAKS - Texas Assessment of Knowledge & Skills TASA - Texas Association of School Administrators TASB - Texas Association of School Boards TASBO - Texas Association of School Business Officials TEA - Texas Education Agency TEKS - Texas Essential Knowledge & Skills USD - UnifiedUnited School District |
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| QUOTES |
Separatists in India's north-eastern state of Manipur have shot six male teachers in the leg for allegedly helping students cheat in exams. Two women teachers were beaten with sticks for the same offence, the rebels of the Kanglei Yana Kan Lup group said. The teachers were abducted from their homes after an exam on Thursday. The rebels said the teachers took up to 5,000 rupees ($110) for helping students cheat and warned of further punishment if the cheating continued. The Kanglei Yana Kan Lup (KYKL) is one of many separatist groups fighting Indian administration in Manipur. It said it abducted the eight teachers from their homes in and around the state capital, Imphal, because of reports they had taken bribes. --By Subir Bhaumik - BBC |
| ATTENTION EDUCATORS AND ADMINISTRATORS: Every attempt possible has been made to verify all sources and information. In the event you feel an error has been made, please contact us immediately. Thank you. |
| Copyright 1999-2006 Peyton Wolcott |
| POP QUIZ: How do you yourself know for a fact that your state or local supe is actually using the funds entrusted to them for the correct purposes? |
My New Book PEYTON WOLCOTT |
| QUERY THE SUPE & THE PR GUY |
TO:
KATHY
COX-GEORGIA SUP'T
OF SCHOOLS &
CEO-GEORGIA DOE
CC:
DANA TOFIG-
GEORGIA DOE
PUBLIC INFO. OFCR.
DATE: JAN. 22, 2006
Can you please send me
the annual dollar
amount for each school
year (the five annual fiscal
cycles 2000-2005) that
the Georgia Public
Schools DOE has spent
with vendor Computer
Consulting Services
Corp., described as a
consultant to Georgia's
DOE.
KATHY
COX-GEORGIA SUP'T
OF SCHOOLS &
CEO-GEORGIA DOE
CC:
DANA TOFIG-
GEORGIA DOE
PUBLIC INFO. OFCR.
DATE: JAN. 22, 2006
Can you please send me
the annual dollar
amount for each school
year (the five annual fiscal
cycles 2000-2005) that
the Georgia Public
Schools DOE has spent
with vendor Computer
Consulting Services
Corp., described as a
consultant to Georgia's
DOE.
The question is not how to measure excellence at public schools and education agencies. The question is how to measure competence. -- Dianna Pharr |
| CONTACT: Peyton Wolcott P.O. Box 9068 Horseshoe Bay, TX 78657 peyton@peytonwolcott.com |
| F o c u s i n g o n accountabilit y f i r s t |
| California October 2006 A woman accused of pilfering thousands of dollars from a Cypress High School athletic booster fund during her time as the club's treasurer is to be arraigned today, authorities said. Peggy Lou Shaw, 45, faces a grand theft by embezzlement charge for allegedly writing 15 checks to herself or to "cash" totaling $11,700 and depositing them in her personal account over the course of several months. She faces up to three years in prison if convicted, authorities said. (SOURCE--Los Angeles Times) |
| Booster club thefts |
| Maryland April 2006 The former treasurer of a Woodbridge High School athletic booster club pleaded no contest this morning to charges that she embezzled more than $76,000 from the club’s bank account. Debra Ann Wilson, 50, served as the treasurer of the Viking Athletic Club, a group that raised money for the school’ s athletic program. During her tenure, Wilson wrote numerous checks to herself from the booster club’s bank account and deposited them in her private account. . . Wilson told police she’d fallen on hard times and had intended to use the money as a loan . . . . This is Wilson’s second felony conviction. (SOURCE--Rob Seal/The Potomac News) |
| Local, state & federal entities contacted since 2003 |
| EANES ISD Cory Duty, then-principal, Hill County Middle School; Jess Butler and Nola Wellman, supes; Susan Pulis, ass't sup't-business affairs; Clint Sayers, Robert Durkee, Ellen Balthazar, Jim Strickland, Gail King, Paul Stone,Mike Monnig, trustees. |
| Texas Education Agency Shirley Neeley, Commissioner (letter from secretary Patty Foster denying Bushart's request for meeting); Gene Lenz - Special Education; David Anderson - General Counsel; Ron Rowell - Governance. |
| State Board for Educator Certification Herman Smith, then-executive director. |
| Travis County District Attorney Ronnie Earle Earle's White Collar Crime Unit investigated the evidence for two years before presenting it to the grand jury on April 17, 2006 which no billed. Neither Susan Bushart nor Dianna Pharr were invited to testify, nor were they privy to any testimony. |
| Texas House of Representatives Rep. Todd Baxter; Rep. Donna Howard, who responded that Bushart should hire a private attorney. |
| Office of the Attorney General General Greg Abbott; Brandy Byrd-Halleford, special prosecuting attorney for open records violations, sent multiple letters to Eanes re: over 70 violations; result: no prosecution by OAG's office; Greg Simpson, now acting head of open records division; Katherine Minter Carey, previous head of open records division. |
| Texas Governor Rick Perry's office requested response from Shirley Neeley to concerns (no response, no follow up from the governor's office) |
| Texas Comptroller Carol Strayhorn sent letters of response (signed by Carol) providing encouragment and reminders that Perry removed school accountability from her office; no action taken. |
| United States Department of Education Family Policy Compliance Office; FERPA....Leroy Rooker, Director; Investigator Ricky Norment is the investigator Ruling issued against Eanes ISD January 2005 for violations of FERPA, Eanes ISD has appealed the ruling......... No subsequent letter of finding/ruling on the appeal to date (requested congressional inquiry re: this delay) - OSEP (Office Special Education Programs)....calls from Hugh Reid in Washington DC December 2005 vowing to look into problems.... wouldn't give time frame, reported there is no complaint process for the general public available through this agency....appears to be no accountability at the federal level for violations |
| Arizona October 2006 The former treasurer of a high school booster club has been arrested on suspicion of embezzling almost $30,000 from the club’s account. Jordan O. Stradling, 45, of Mesa, was booked into jail Wed- nesday...after investi- gations showed that he had deposited monies from Mesa High’s football booster club into more than 20 different per- sonal bank accounts between August 2002 and June 2006 during his tenure....[A] fraud investigation began in June, prompted by a partial audit that revealed $270,000 missing from the program. Police said Stradling accom- plished the theft by writing $22,000 worth of checks to himself, to his wife and to his personal calendar business....At one point, parents learned that the booster club account was over- drawn and began adding their own money to compen- sate. (SOURCE--Jill Redhage, East Valley Tribune) |
| Indiana October 2006 Ex-booster club official ...who admitted she stole more than $62,000 from the Lowell Athletic Booster Club was ordered to serve 80 days in the Lake County Sheriff's Work Release Program. Diane M. Winel, 43, the organi- zation's former treasurer, pleaded guilty to the theft....At her sentencing hear- ing Wednesday, Winel was ordered to pay $30,400 toward the $62,428 restitution and is to make payments during her probation toward the $32,028 balance....The theft came to light.. when then-Police Chief David Wilson, the Lowell Athletic Booster Club presi- dent, learned a check written on one of the club's accounts had been returned because of insufficient funds. (SOURCE--Ruth A.Krause/Post-Tribune) |
| May 2, 2005 HB 2264 hearing |
| (L to R) Eanes' lobbyist, Todd Baxter, Eanes supe Nola Wellman, EISD bd. pres. |