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:
Mary McGarr
A teacher then Katy ISD board member
and now an education activist.
ABOUT MARY
In her own
words . . . .
My background includes
many educational
endeavors, and I believe
that my experiences
qualify me as someone
who can provide credible
explanations.

I am married to Gary
McGarr, am the mother of
two sons and a
grandmother of one
grandson.  I have a
college degree, have
taught school for twelve
years, and have spent
forty six years being a
volunteer of one sort or
another.

I was elected twice to the
Katy ISD school board in
1991 and 1994.  I served
five years, resigning my
position a year before the
term expired.

I have lived in
Nottingham Country
since 1981, and I intend
to remain here for the
rest of my life.

I am a product of a Texas
public school education.  
Attending Rusk
Elementary and Stephen
F. Austin Junior and
Senior High School in El
Paso, Texas where I was
born, I graduated at age
sixteen having skipped a
couple of grades along
the way.  I attended
Texas Woman’s
University,  Texas
Western College, and
Texas Tech University.  I
believe that I received a
very fine academic
education in Texas’
public schools.  I
graduated in 1960 at age
20 from Texas Tech with
a Bachelor of Arts
degree.  I have majors in
English and political
science.  I also have
thirty hours of education
courses that were
required in order to
obtain a teaching
certificate.  I hold a
Permanent Provisional
Texas Teaching
Certificate.  

I taught in El Paso and
Houston ISD's for a total
of 12 years. I taught 12th
grade English for ten
years; 11th grade
English for ten years,
10th grade English for
two years, American
history for one year,
Civics for one year,
economics for two years,
and sociology for two
years.

I belonged to the
required (at the time)
teacher’s organizations
including the NEA, the
TSTA, TCTA, the El Paso
Teacher’s Association
and the Houston
Teacher’s Association.  I
would not join those
groups at this point in
time as they have
changed from
professional teachers’
organizations to labor
unions.

I was Chairman of the
English Department at
Irvin High School in El
Paso the second year I
taught.  At that time, Irvin
was the largest high
school in Texas and the
department had 17
English teachers. I have
sponsored many student
organizations including
the National Honor
Society, the Student
Council, the Senior
Class and various
special interest
organizations. I also
spent time writing
curriculum guides during
the summer.

Volunteerism
I stopped teaching in
1973 to raise our two
sons.  During that time I
became an active
volunteer and served in
the following ways:
*organized and started
the first PTA at Kate Bell
Elementary in southwest
Houston
*organized and started
the first parent
organization at Memorial
Parkway Junior High and
served as the first
president
*served as president and
treasurer of the
Glenshire Coummunity
Association
*wrote the neighborhood
column  in the Advertiser
Advocate for the
Glenshire    community
for seven years
*wrote the neighborhood
column in the Katy Times
for Nottingham Country
for    four  years
*served on the Board of
the Katy National Little
League
*helped organize and
served as Vice president
the first year of the Katy
Parents of   Gifted and
Talented Students group
*helped organize the
Nottingham Country
Garden Club
*served on the board of
the Nottingham Country
PTA
*served as a volunteer in
the Nottingham Country
school library for two and
half    years every
Wednesday afternoon for
three hours
*served for two and a half
years as a Nottingham
Country Community  
Improvement
Association board
member
*served as a Republican
Precinct Chairman
*organized a petition
drive for Single Member
Districts for KISD in 1988
obtaining 5000
signatures
*joined three Taylor High
School teachers in
writing Taylor’s
application for National
Exemplary School Status
in November 1990

I mention these activities
so that anyone can see
that I have paid my
volunteer dues and care
about children and my
neighbors.

Katy ISD
School Board
I was elected twice to the
Katy ISD school board in
1991 and 1994.  I
defeated incumbent
David Frishman in a run-
off, and as the
incumbent, I defeated
Jerry Kroll outright.  As
one might imagine, I was
NOT an insider
candidate, and I
resigned from my board
position a year early
because I thought my
resignation would bring
attention to the direction
the board was taking.  I
was wrong to think that
such would happen, but
at the time I resigned,
there was not much else
I could do.  I think I have
been proved to be right in
the assertions I made at
the time.

Family
My husband is Gary
McGarr who has been
successful in
engineering sales. Gary
was a Little League
coach and umpire for
many years.   My two
sons graduated from
Taylor High School in the
top 5% of their classes.  
They were also active in
extracurricular events
playing football,
basketball and baseball,
serving as class or
Student Council
presidents, were chosen
to attend the American
Legion Boys’ State in
Austin, were selected by
the Katy VFW as the
outstanding student of
the year, and were
members of the National
Honor Society.  Both
sons attended Rice
University and graduated
with degrees in electrical
engineering. They are
both happily married and
gainfully employed.  They
are our most cherished
volunteer
accomplishment!
Experts on
education
highlight critical
problems
By: Diane Tezeno , News
Reporter
04/17/2006
Fort Bend/Southwest Sun
(HCN)

"If there is a computer on
every desk being used as
the textbook, then
teachers, real books, and
interaction with other
students disappears. "

Our students become
sponge robots," says Mary
McGarr.

McGarr on her opposition
to electronic textbooks in
the classroom.
On April 6, the Fort Bend
Republican Club and Fort
Bend Chamber of
Commerce sponsored a
panel discussion on
issues impacting FBISD.
Participating on the panel
were FBISD Board
President Lisa Rickert,
Peggy Venable, Texas
director of Americans for
Prosperity, State Board of
Education Republican
candidate Cynthia Dunbar
and Mary McGarr, former
teacher and opponent of
electronic textbooks.
McGarr spoke about an
effort by State Rep. Kent
Grusendorf, a conservative
Republican from Arlington,
to insert an item to the
current tax reform bill to
supply electronic
textbooks to students in
Texas classrooms.

The former educator and
mother of two, believes
that "a computer on every
desk will have the
potential to manipulate
eager and impressionable
minds, and with no
teacher in charge of
delivering the curriculum
at the local level, parents
will not know what their
children are being taught,
she said.

"One of the reasons the
bill didn't get passed the
last time was that some
caring legislators prodded
by interested citizens had
reservations about the
computers when they
realized that Apple
Computer employee Tom
Burnett of Austin had been
allowed to write much of
the tax reform bill and that
efforts were embedded in
the legislation that forced
the acceptance of these
computers," said McGarr.

"To get rid of what was put
in about computers would
have been like trying to get
rid of a yard of dirt without
disturbing the grass
growing in it. Grusendorf
reportedly drafted his bill
from a Texas E-Learning
initiative report written by
representatives of
computer and software
companies."

Although the proposed
legislative bill implied that
electronic computers
would only be for high
school students, she said
a closer reading suggests
the intent is to provide
them to every student, she
noted.

The proposed cost to put
computers in Texas
classrooms was initially
projected to be $450
million, then increased to
$700 million, and now is
predicted to cost $11.5
billion over a two year
span, said McGarr. This
does not take into account
the additional expense of
buying software, making
repairs, replacing
technology as it becomes
obsolete in three to five
years, intentional damage,
or theft, she added.
McGarr predicts that those
additional costs will triple
the initial cost of the
computer. A book lasts six
or seven years, points out
McGarr and could last
even longer if they weren't
changed out for the sake
of change, she said.

During this special
session of the Legislature
there were 57 lobbyists for
Dell computers and 30 for
Apple computers roaming
the floor, McGarr informed
the audience. It is clear
that computer
manufacturers will benefit
from the purchase of
$11.5 billion dollars worth
of computers, said McGarr.

Another of Garr's concerns
is that there is no
empirical research that
shows computers help
students learn in the
classroom. McGarr does
not believe that computers
will improve student
learning if they become
the primary tool for
delivering the curriculum
in classrooms. She calls
the push for electronic
textbooks in the
classroom "a symptom of
a major disease", and "the
latest in a long line of
tools, devices, strategies
and methods to dumb
down 80 percent of
students so they will be
complacent, malleable
workers, who will know
how to read and write just
enough to function in a
menial job."

McGarr believes that the
personal nature of
education in classrooms
will be lost if this
technology is introduced.
She questioned the ability
of the teacher to remain an
authority figure in
classrooms where the
greatest interaction occurs
between student and
computer. She also
believes the lack of social
interaction will lead to
additional discipline
problems.

McGarr said teachers
should be up in arms
about the prospect of
being replaced by a
machine, but in order to
silence them, she says
Grusendorf threw in a
teacher pay raise as part
of the bill.

Venable discussed the
issue of fixing school
finance in Texas. Venable
said, "We must look at
spending in schools, and
make sure schools are
accountable." She
supports the 65 percent
initiative to put more
available school dollars in
the classrooms. "If the
state were to fund the
classrooms, I believe local
property taxes would stay
low, because you and I
would have to be asked by
the administration every
time they wanted to
increase spending," she
said. Of the upcoming
Texas legislature, Venable
said, legislatures don't
need to just pass a tax bill
and go home.

"Let's make sure there are
tax payer protections in
place that limit the growth
in local and state
governments to population
and inflation with taxpayer
approval for spending
above that."

Dunbar provided the
audience with insights into
the state board of
education's role in
establishing curriculum
and selecting textbooks.
She said the only way for
Texans to have local
control over textbooks is
with collective bargaining
power.

Dunbar also explained the
state board's primary roles
in establishing curriculum,
selecting text book lists,
and in the permanent
school fund. Dunbar said
she supports the State
Board's authority to deal
with content in textbooks
and also for districts to
teach various theories of
origination, as long as the
strengths and
weaknesses of those
theories are also taught.

Rickert shared statistics
on the district's growth,
changing demographics,
and the need to increase
state accountability
ratings. "Overall, student
scores are up, however,
the state accountability
ratings are down," said
Rickert. "For the last four
years FBISD has been
recognized, and we are
now an acceptable district."


"We only have one school
out of 60 campuses that
was rated exemplary, 34
campuses were rated
acceptable, and no
campuses rated
unacceptable by the state,"
she added. In nearly all
cases the reason for the
acceptable rating was
poor performance in math
and science by all or
some subgroups,
preventing that campus
from achieving a
recognized status. Rickert
said that the state's
requirement that schools
be analyzed by subgroups
has impacted the district's
ratings. The goal is for all
children, including all
subgroups, to do well so
that no child is left behind,
said Rickert.

The FBISD board's priority
is finding a leader for the
district that can formulate
and communicate a
strong vision for the future
and has the skills to unify
and lead the district, said
Rickert.
Mary McGarr
Read more Mary here:
www.katycitizens.org

How we take back our children's education:
one person, one question, one school at a time.



Commentary

Edu-Conferences
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BOOK EXCERPTS:

Education, Inc.

How To File a Public
Records Request

How To Organize

Lax Oversight

Success Stories,
Kindred Spirits
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COMMENTARY
ARCHIVES
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SPECIAL REPORT -
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POWER GRAB
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About/In the News

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

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Education Agency

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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?

David v.
Goliath:

How
America's
Moms & Dads
are taking on

Education,
Inc.

PEYTON WOLCOTT


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
accountability
f i r s t
Finding A Superintendent
By Mary McGarr
April 29, 2006

In 1995, the Katy ISD School Board found itself in the position of needing a
superintendent. The previous one had been sent on his way, and the Board initiated a
process for finding a suitable replacement.
In that effort, the Board
solicited input from all sorts of
places, hoping to find
consensus among the
members of the public who
cared about the selection.

Although lists of suggested
requirements were tallied by
the headhunter, the
newspapers, and the Board,
none of those lists seemed as
comprehensive as the one I
assimilated from my personal
contacts, listening to the
public, reading the
newspapers, and tapping my
own list.

Here is what, I believe,
our school district
wanted in a
superintendent in 1995:
I thought the Board received a
clear message that the public
wanted a man to be our
superintendent and that he
should be a man who was
younger than 45, who was
from Texas, who exhibited
some original thinking about
improving the quality of our
schools (we weren’t looking
for someone to come in and
recreate what he had done
elsewhere), who could accept
blame when he was wrong,
and who would maintain his
objectivity and become a true
educational leader.
  We wanted someone who
had an outgoing personality, a
family with school age
children, some business
background, college course
work outside the field of
education, an acceptable
college transcript that the
Board could see, a clear
medical history, the ability to
take direction from the Board,
the ability to take criticism from
the Board and the community
without becoming defensive, a
philosophy of education in
tune with the Katy community,
the ability to get along with
women without feeling
threatened, the ability to work
with current employees and
not have to bring all his
buddies with him, a grasp of
financial issues, an
understanding of curriculum,
an interest in educational
issues beyond those that only
served superintendents, a
willingness to live in the
school district and become a
part of the community, a
willingness to start with a two
year contract and at $100,000,
the ability to provide financial
direction that would maintain
Katy ISD’s average tax rate
and its modest building
program, an acceptance of
smaller minimal pay
increases for the
administrative staff, a belief in
the importance of an elected
School Board being in charge
of the public schools, a
willingness to thwart Outcome
Based Education in Katy
schools even if it meant a loss
of grant money and other
perks, a successful work
history and documented
leadership ability as a
superintendent for at least five
years in a school district of
comparable size and
demographic composition, a
real liking for all children (and
not just his own), respect for
and understanding of the
issues facing teachers, the
ability to write and speak well,
a clean cut appearance, a
respect for patrons who were
critical of him and/or the
school district, a grasp of what
it means to achieve academic
excellence, and a clear
understanding of the needs of
special populations including
special education, minorities,
gifted students, and vocational
students.
  In retrospect, the Board did
not do a very good job of
listening to the public. I knew
that they hadn’t ten years ago,
and when it came time to vote
for Leonard Merrell as
superintendent, I voted “NO.” It
took me from March 1995 until
August 1995 to get my
remarks that accompanied my
NO vote placed in the Board
minutes. Most of the media
stories of Merrell’s selection
did not state my opposition.
  I take no comfort in having
been correct in my
assessment of Leonard
Merrell. He is, after all, a
person with a family. But he
has done the children of the
Katy schools no favors. His
lack of educational leadership,
his inability to follow the
dictates at the time of his
hiring, his constant effort to
control who his bosses on the
Board are, his spreading of
the bond money wealth
among non-Katy businesses
and dumping the businesses
who had served this school
district so well for many years,
his apparent involvement in
setting up the Xpediant front
company and allowing those
employees to soak this school
district, his closing of the KISD
print shop, his bringing in of
“outsiders” for administrative
positions when KISD had
plenty of qualified employees
who could have been
promoted to do that work just
as well, his obvious
patronizing of those whose
wealth could curry favor for
him with the public, his
endless opportunistic efforts
to garner photo-ops for
himself, and his placement of
a curriculum in our midst that
fails children on every front is
inexcusable and shameful.
  
Leonard Merrell had an
agenda of his own when he
came to Katy in 1995;
that he
was able to implement it so
successfully and quickly is a
testament to a Board of seven
people who have been asleep
at the wheel.
Here is a copy of my prepared
remarks in March 1995, the
day the School Board voted 6
to 1 to bring Leonard Merrell to
Katy ISD:
“As a member of this board, I
was very pleased when we
began this process of finding
a new superintendent
because we set out in a
methodical way to give
ourselves plenty of time, to
involve the public in a very real
way, and to look for the proper
search consultant to guide us.
We went through the process
proceeding just as we had
planned. The public was
receptive and turned out in
large numbers to make
themselves heard.
  I listened to what they said,
and what I heard was that we
should be looking for a good
communicator who liked
children and who was
knowledgeable about
curriculum issues and who
could implement in our
schools the beliefs that are
held by this board and this
community.
  I was expecting candidates
who were from districts
similar to ours, and whose
test scores indicated a high
level of achievement and real
progress and whose
curriculum practices revealed
at least a hint of originality and
individualism.
  Instead we were presented
with four candidates from
districts very much unlike ours
and who either denied
knowledge of, or claimed
ignorance with regard to,
current curriculum and
methodology issues that are
important to our community. I
saw no shining stars from
outstanding school districts. I
saw no rising stars from
school districts on the
move.         
 
 What we were
presented were four
superintendents from
mediocre school
districts who for one
reason or another were
looking to bail out and
move to greener
pastures.
And those,
gentlemen, are not good
reasons for us to hire them.
Any of them.
  I feel that we allowed the
consultant to drive our
activities in a way that
precluded our receiving all the
information that we requested
in a timely manner, and
rushed us so that we did not
have time to make thoughtful
and measured decisions. I
could not be at my best when I
had to spend six hours a day
reading their material, one
hour socializing with the
candidates, and three hours in
an interview for four days in a
row. When we finished on a
Thursday night at 11 PM, and
then met at 7 AM the next
morning, we did not have the
time or the energy to discuss
credentials and to compare
candidates. We met simply to
“pick one.”
  The process was in my
opinion very flawed.
  Believe it or not, our district
is a state-wide trendsetter,
and when we do not have the
proper candidates from whom
to select our superintendent,
we have allowed ourselves to
be placed in the position of
perpetuating the status quo
with regard to superintendent
selection in this state. If a high
profile school district such as
ours holds out for a truly
qualified candidate who is
opposed to the educational
stuff that the federal
government is trying to force
on states and local school
districts, the shock waves
throughout the state might
offer courage to a lot of other
school boards. However, the
educational establishment,
because of job protection
wants to maintain the status
quo.
  The agenda here is to keep
up from doing what is proper.
It is a state-wide agenda, and I
will not be a part of it.
  I cannot vote for this
candidate. Because I care so
much about this school
district, with all my heart, I
hope I am wrong, but the
curriculum this candidate has
directed and placed in his
current district and his resume
tell me I am not.”
Katy ISD's "Leonard E. Merrell Center," self-named by
the superintendent who got his taxpayers to fund this
monument; it's the only such center in the United
States constructed by a supe and named for himself.
Here's Mary's account of how Katy ISD supe Leonard
E. Merrell came to be hired.  It's, well,
instructional.
Mary McGarr is the
heart and soul of
the Katy Citizen
Watchdogs.  "We
couldn't be more
pleased to have
Mary with us,"
says Chris
Cottrell,
president of the
group.  "She
brings a lot to our
organization--an
education
background, plus
she was on the
board.  We love
that she's here,
and she's done a
wonderful job."  
Mary's spirited
forbearer--
America's first
English settler?

"One of my hobbies is
genealogy and over
the last seven years
I've found many of my
early American
ancestors," says Mary.
 "The most interesting
is the Chilton family.  
James Chilton and
his wife and daughter
Mary were Mayflower
travelers and James  
signed the Mayflower
Compact.  Not all the
members of the group
signed it. The
daughter, Mary,
according to the
legendary story,
insisted on riding with
the men in the small
boat that went ashore
at Plymouth Rock.  As
they neared the spot
she jumped out
ahead of them so she
could be first, and she
became the first
female European to
'land' in America.
While the authenticity
of that story cannot
ever be verified, it has
captured my
imagination, and I like
to think that some of
that 'be the first
person to jump out of
the boat' spirit
courses through my
veins!  Mary Chilton
married John
Winslow and I
descend from that
line. James Chilton is
my eleventh great
grandfather.  
Thousands of other
Americans and I
share that distinction,
but very few of them
have bothered to trace
their ancestry to find
out about it!

Mayflower Compact
1620

Agreement Between
the Settlers at New
Plymouth : 1620
IN THE NAME OF
GOD, AMEN. We,
whose names are
underwritten, the
Loyal Subjects of our
dread Sovereign Lord
King James, by the
Grace of God, of Great
Britain, France, and
Ireland, King,
Defender of the Faith,
&c. Having
undertaken for the
Glory of God, and
Advancement of the
Christian Faith, and
the Honour of our
King and Country, a
Voyage to plant the
first Colony in the
northern Parts of
Virginia; Do by these
Presents, solemnly
and mutually, in the
Presence of God and
one another, covenant
and combine
ourselves together
into a civil Body
Politick, for our better
Ordering and
Preservation, and
Furtherance of the
Ends aforesaid: And
by Virtue hereof do
enact, constitute, and
frame, such just and
equal Laws,
Ordinances, Acts,
Constitutions, and
Officers, from time to
time, as shall be
thought most meet
and convenient for the
general Good of the
Colony; unto which we
promise all due
Submission and
Obedience. IN
WITNESS whereof we
have hereunto
subscribed our
names at Cape-Cod
the eleventh of
November, in the
Reign of our
Sovereign Lord King
James, of England,
France, and Ireland,
the eighteenth, and of
Scotland the
fifty-fourth, Anno
Domini; 1620.

Mr. John Carver,
Mr. William Bradford,
Mr Edward Winslow,
Mr. William Brewster.
Isaac Allerton,
Myles Standish,
John Alden,
John Turner,
Francis Eaton,
James Chilton,
John Craxton,
John Billington,
Joses Fletcher,
John Goodman,
Mr. Samuel Fuller,
Mr. Christopher Martin,
Mr. William Mullins,
Mr. William White,
Mr. Richard Warren,
John Howland,
Mr. Steven Hopkins,
Digery Priest,
Thomas Williams,
Gilbert Winslow,
Edmund Margesson,
Peter Brown,
Richard Britteridge
George Soule,
Edward Tilly,
John Tilly,
Francis Cooke,
Thomas Rogers,
Thomas Tinker,
John Ridgdale
Edward Fuller,
Richard Clark,
Richard Gardiner,
Mr. John Allerton,
Thomas English,
Edward Doten,  
You’re
Not Going to
Believe This
One!
By Mary McGarr
February 28, 2007

Last Wednesday,
February 21, at the Katy
ISD School Board’s Work
Study Session there was
a presentation by the
KISD Administrators and
the Region IV
Administrators regarding
a planned joining of their
management systems for
the mutual benefit of both
governments.

'Seminal moment'
At this meeting, the
District’s pitch was that
this was KISD’s and
Leonard Merrell’s
seminal moment, if you
will, and a moment that
was actually the second
time in twelve years, in
Merrell’s opinion, when
great things happened in
Katy. In his account of the
meeting, Dustin Wenzel,
editor of The Katy Sun
reports that Merrell said
“that meeting [five years
ago] was the most
important meeting this
district has ever had.
…What we have brought
to you today has potential
so much directed toward
impacting the entire state
of Texas … that the nation
will feel the positive
impact of what we talked
about tonight. This is not
your normal board
meeting. This is not your
normal presentation.’”

So what happened at the
Wednesday Work Study
meeting that ostensibly
was so outstanding?
Well, if you were in the
audience, I can tell you
that it was hard to tell.

Region IV's proposal
The proposal from
Region IV had to do with
that governmental entity
taking a software
management program
developed at great
expense by Katy ISD,
another governmental
entity, and making it into
something that could be
marketed for a great profit
to all kinds of
unsuspecting other
governments (school
districts statewide and
nationwide).

The first question that
popped into my mind was
“And who will be making
all that “great profit?”

Who's copyright?
While the copyright on the
software management
package is in the name of
Elizabeth Clark, employee
of KISD as well as some
other curriculum
department employees of
KISD, supposedly “the
profits of the venture will
accrue to Katy ISD.” That
statement has been
made many times in the
last few years where I
could hear it. It would
appear that the patent for
the KMAC software has
also been applied for but
not yet granted.

The described project
between Katy ISD and
Region IV is to be called
Comprehensive
Curriculum Assessment
Professional
Development or CCAP
(and yes, I have a
problem with acronyms
that don’t make any
sense).

Region IV's 4 parts
The Region IV
representative’s
assessment of the
proposed joined-at-the-
hip project, would include
four parts:
I. Benchmark
Assessments,
a Data
Warehouse, and
Reporting services that
would be up and running
by August 2007,
II. Instructional Services,
Lesson Plans, Scope and
Sequence, and Resource
Management coming on
line by February 2008,
III. Region 4 Instructional
Resources
on line by
August 2008, On-Line
Professional
Development on line by
February 2009, and
IV. a Special Education
Component
on line
whenever they can get
around to it in 2009. A
Power Point presentation
to this effect was made,
and a copy is available
from the District or from
the Watchdogs if
requested.

The Region IV speaker,
Ms. Wheeler, then went to
great lengths to explain
that the contribution by
KISD was vastly superior
and of much greater
magnitude than anything
existing or planned by
Region IV, and that those
facts punctuated the
reason why Region IV
was approaching the
KISD Board to allow this
joint venture. Ms. Wheeler
explained that KISD did
not have online
assessment to contribute
(and I have to wonder why
they don’t) nor do they
have Professional
Development on line (and
since we have a section
of a very large
administrative building
built at great expense that
has a STAFF
DEVELOPMENT sign
hanging prominently on it
and a multitude of Staff
Development employees,
I have to wonder about
that too).

Scope & Sequence
Wheeler went on to say
that Region 4 (she was
getting down to the nitty
gritty so she dropped the
Roman numeral) ONLY
had Scope and Sequence
manuals for “about”
(whatever that means) 48
core courses, while KISD
had an automated
curriculum database for
“about” “500” courses.
Actually KISD states on
their web site that they
have 650 such scope and
sequence courses, so it’s
hard to tell what they
really have.

Anyone who has ever
looked at a KISD scope
and sequence manual
(and I have) will know that
they aren’t anything
special. They include all
the TEKS objectives that
apply and then
suggestions on how to
teach (or learn, as they
like to say) them.
Someone has gone to the
trouble to type them all up
and put them in a
software package. I’m
guessing the typists may
be the 37 free secretaries
that Xpediant has had
over the years. (That
would be free to Xpediant,
but not free to the
taxpayer.) As a member of
the audience, I got the
clear impression that the
scope and sequence
pieces were not what
Region 4 was so excited
about. After all KISD
curriculum has resulted
in the mid level
“Acceptable” or
“Recognized” designation
by the Texas Education
Agency in the last three
years, so one would not
think “D” or “B” level
status would cause any
other school district to get
excited about copying
KISD’s curriculum. As
Peyton Wolcott has said
on her web site (www.
peytonwolcott.com),
“Would YOU buy a
curriculum management
system from a second-
class school district
rather than an Exemplary
district?” I should also
point out right here that a
great many Texas school
districts have software
management systems,
but they don’t seem to be
hawking them about at
the present time.

Highlight
But the highlight of the
presentation was the fact
that while Region 4 had
only “pencil/paper”
Lesson Plans, KISD had
“Automated Lesson
Planning.” Those
Automated Lesson Plans
would be the thousands
of teacher generated
lesson plans which the
Watchdogs have been
pointing out for quite
some time are the
intellectual property of the
teachers who created
them, and which, in our
opinion, should not be
taken, sold, marketed or
otherwise pilfered from
the teachers for anyone’s
profit.

Yes, teachers are forced
to sign a contract, I’m told,
that stipulates that
teachers’ creations while
employed by the District
remain the property of the
District. I would point out
right here that perhaps
someone has mistaken
what belongs to the
District with what belongs
to the Administrators in
charge of creating KMAC.
Teachers’ lesson plans
do NOT belong to any
individual administrator.
NOTE:  Mary's account of
the development and sale
of Katy ISD's curriculum
management software
"KMAC" is well worth
reading and studying. She
raises questions neither
Katy ISD's supe Leonard
Merrell nor KISD's PR
folks have answered.
We're all asking:  "How
can this be legal?" -- PW

Re KMAC

Teachers’
lesson plans do
NOT belong to
any individual
administrator.

--Mary McGarr
I wish to emphasize the point that at this first meeting, it was
clearly stated that the LESSON PLANS were the main reason Region 4 was
interested in KISD’s KMAC software management package.

Perpetual license
There were some other troubling aspects of Wednesday’s presentation. The
benefits (remember all those that were going to accrue to the District) included “a
“perpetual license” to Region 4 to access KMAC (all those lesson plans),
membership on the CCAP Advisory Board (with all the great privileges that that
suggests), free access to quality field-tested assessment item databases and
TAKS simulations in Phase I which will eliminate annual budget expenditures
amounting to $6 per student, free access to Phases II-V which will provide
additional functionality and benefits to KISD, and annual revenue of 6% for all
sales of Phases I-V of the CCAP product.”  Notice here, that the free access to
field tested assessment item databases will just be a credit amounting to
$350,000 that would otherwise have been paid by KISD to access these
databases.

True values?
No discussion was held and no questions by board members were asked
regarding the true value of these assessments, what they even constitute, of if
they are even necessary! But keep that 350K figure in the back of your head.

When the Board, thanks to Tom Law who asked the only intelligent questions, got
down to those bothersome details like how much is 6%, the answer appeared to
be “not much.” Not only wasn’t it 6% of the gross, it was 6% of the net! And 6%
NET was proclaimed to be 1.2 to 1.6 million dollars per year depending on who
was telling about it. If 6 percent NET is 1.2 million, what then might 94 percent
gross amount to? Ball park figures would say around 20 million a year. $18.8
million dollars is a chunk of change not to concern yourself about if you are an
elected school board member watching it float out the window, and Tom Law
appeared to be the only one wise enough to be concerned. Mr. Law was
concerned that some of the modules were not even developed yet and the
projected profits offered by Region 4 were based on guessing about the market.  
There appears to be no way to know at this point what 6%NET actually
represents.  Mr. Law’s point was that Katy ISD’s share in the project, based upon
the fact that KISD’s software programs at least are functioning, should be more
like 51/49% NET.  

Who gets the 94%?
The next question those of us in the back row had was “Who’s going to get the
other 94%?” The answer appeared to be a third party. Next question--who might
that third party be? Someone in the private sector? A retired KISD employee?
Those KISD employees whose names are on the copyright? Some other friend,
relative or cohort of these people? Mickey Mouse? The fact that no one would say
is ominous. The Board should have demanded to know, and the fact that the
majority didn’t even care to ask doesn’t look so good.

Does anyone else think that creating a product while one is an employee should
allow one to market and sell that product with almost none of the profit coming to
the school district and its taxpayers who funded this boondoggle of a project in
the first place?

Who's miracle?
To think that our superintendent appeared to be so deluded that he actually
stated at this meeting that “this is something just short of miraculous” left me
speechless!

As soon as the Watchdogs could get to a computer, we started asking those like-
minded taxpayers we know to write and urge school board members to do the
prudent thing and table this matter at the following Monday Regular Board
Meeting until they as board members had better answers and understanding of
the project. We didn’t want them to vote YES like they usually do when something
is stuck in front of them.

Big changes
By the time Monday’s Regular Meeting on February 27 rolled around, many things
had changed.

When the CCAP matter came up on the agenda, Eric Duhon announced that the
board members had discussed this matter among themselves over the
weekend, and his demeanor indicated to me that he had already made up his
mind. Tom Law made a motion to wait, and the Board caused his motion to die
because not one of them would second it! We must assume that they did not
want to wait for credible information. After all, as Jackie Birkel said at the meeting,
“We’ve talked to our attorney.”

Evidently the Watchdog’s and their supporters’ well made points suggesting that
there might be some liability questions for school board members individually if
they marketed and sold teacher’s intellectual property (lesson plans) as well as
our questioning the propriety of a government making a profit, caused the District
to pull back from the original intent of the agreement with Region 4.

S-P-I-N
The best part of the Monday meeting was witnessing the spin in the revised
Power Point presentation from Deputy Superintendent Lenny Shad.

GONE were the LESSON PLANS. GONE was the concept of KISD being the
major contributor (even Region 4 realized that those scope and sequence items
without the lesson plans had no value, especially since the State Board of
Education is currently authorizing a complete re-write of the TEKS, and today‘s
curriculum guide will soon be worthless.

All of a sudden KISD’s part of the proposed agreement had diminished to being
“one-third of one part of the five parts of the CCAP System Modules"! Now there
were five Parts but  what had been Part IV was now Part V and was off the table
with regard to sharing revenue with KISD. All of a sudden the 6% NET had gone
from 1.2 (or 1.6) million dollars a year to $350,000 (which is merely a credit) and
the PROMISE of 1.2 million a year IF anyone buys the eviscerated software
management system.

6-1 give-away
In a 6-1 vote, the School Board, at the behest of the superintendent, gave away
what was left of KMAC, I suppose in a gesture to save face and hope that no one
would notice what had happened.

So much for seminal moments and “something short of miraculous.”

The Katy School Board has egg on its face. The six board members who went
along with one more Merrell scheme should be voted out of office. They are
unable, in my opinion, to make credible decisions when they are necessary. They
have no business, when they lack any discernment at all, being in control of a
multimillion dollar school district.
NEW!