Peyton Wolcott - SPECIAL REPORT - Texas Lege: TEA Power Grab (May 8, 2006)

Special Report - Texas Lege
TEA Power Grab (Parts 1 & 2)

SPECIAL LEGE REPORT - PART 2
Who is driving and empowering Shirley Neeley's
historic land grab in Texas public schools?
By Peyton Wolcott - May 12, 2006 - 1:08 p.m.

Using any of the definitions in the sidebar below right (see "A Socialism Primer"), it's
hard to view the events of the past few weeks in Austin as anything but signs of
Socialist creep, and with Senator Florence Shapiro's (R-Plano) name on the bill
bringing it to pass, I'd be hard pressed to place the blame anywhere but with her and
the guy who set it all in motion--Governor Rick Perry, with TEA commissioners
Shirley Neeley and Robert Scott and Higher Ed commish Raymund Paredes
playing key behind-the-scenes roles. Lt. Gov. David Dewhurst appears to have
hopped on an already moving bandwagon.

Florence Shapiro
(PHOTO/Houston
Chronicle)

Who is Florence Shapiro and why is she doing this?
A former schoolteacher who started her own advertising shop specializing in PR
and events, Shapiro served on Plano's city council before becoming mayor.
Plano ISD is the district you'll recall whose supe Doug Otto has been much in
the national news for his district's refusal to let kids bring candy canes to school
at Christmas. Plano ISD is also the district that back in August, 1998 hosted a
"Parent's Math Night, meant to discuss the Connected Math Program in Plano
ISD," a "public meeting....also publicized in the local paper, the Plano
Star-Courier" that turns out to have been not for the purpose of discussion at all
but instead an edu-event where parents were supposed to attend and listen to
the district sell them on a new fuzzy math program. Some parents objected, filed
a lawsuit, and won. (More in pink box about 9-10 scrolls down.) Oh, Otto is also
an ERDI consultant.

And somewhere in here it should be noted that although it is still listed as of
today as Mrs. Shapiro's occupation, Shapiro & Company no longer exists as
of sometime this past month, according to her Plano senate office just before
noon today.

Plano ISD supe Doug Otto with
wife and fellow PISD employee
Bobbi at PISD event for teachers

We should also note that Shapiro is notable for having secured a presidential pardon for fellow Plano-ite David
McCall, a white-collar criminal notorious for his role in the S&L debacle estimated to have cost, according to Lou
DuBose in LA Weekly, "$300 billion to $500 billion in taxpayer-funded bonds to be retired in the future."
A few years ago Perry offered Shapiro, who is chair of the Senate Education Committee, two fat carrots: the
Southern Regional Education Board, and the Education Commission on the States.

Yum.

What on Earth is the Southern Regional Education Board
and are our tax dollars funding it?
Organized as a 501(c)3, the Southern Regional Education Board's website tells us that it "is proud to be the
nation’s first interstate compact for education, founded in 1948. With 16 member states, SREB works to achieve
"12 Challenge to Lead Goals for Education in the region." What does this mean, "Challenge to Lead"? Is this
any kind of language the average person not employed in the PR or education fields actually speaks? And why
is some far-off group in Georgia setting "Goals for Education" which will impact my local schools?

I had to do some Googling to confirm what you probably already guessed, that SREB is a
501(c)3; it's not information that a search of the PDF'd annual report pulls up. This next is
going to bring a great deal of reassurance to your heart about the overarching effectiveness
of this enterprise: SREB's chair is none other than Louisiana Governor Kathleen "Call Me
MIA during Katrina" Blanco.

Following the money and connecting the dots, we note that SREB gratefully acknowledges
support from a mixture of foundations and governments, one of whom is the Lumina
Foundation for Education. Lumina, light. Sounds promising, noble even.

Step inside the sausage factory, girls and boys. Don't be misled by the pork you smell.

Kathleen Blanco

Lumina Foundation for Education
The LFE is "a private, independent foundation" which "strives to help people achieve their potential by expanding
access and success in education beyond high school."

The key words here are "Help people" and "beyond high school," especially the last three. Herein may be some
of the roots to Texas public education's sudden expansion into the P-16 business.

Lumina funded a study entitled "State Policies to Achieve the Dream in Five States: An Audit of State Policies to
Aid Student Access to and Success in Community Colleges in the First Five Achieving the Dream States" by
Kevin J. Dougherty, Monica Reid and H. Kenny Nienhusser of the Community College Research Center at
Teachers College, Columbia University this past February. According to the frontispiece, "The research for this
report was funded by the Lumina Foundation for Education as part of the 'Achieving the Dream: Community
Colleges County' initiative."

I don't know about you, but nowadays when I hear about Columbia University's
Teachers College I immediately think of Arlene "I may say it's all about the kids
but I'm walkin' outta here with my $375,000 buyout" Ackerman who is about to
land there with aforesaid buyout from San Francisco USD. That they would not
only take Ackerman in but embrace her tells me a lot about Columbia University's
Teachers College.

On page six of this report we learn that Texas is one of Lumina's five target states.
The other four are New Mexico, Florida, North Carolina and Virginia. Wondering
how Lumina set Texas within its sites, wondering why North Carolina was
chosen rather than its neighbor South Carolina, which you would think would be
the likelier candidate and dare we say easier target. Wondering who decided the
five targets and who's paying for this exercise.

Arlene Ackerman

Performance lobotomies
Scanning through the rest of the report we breeze through terms and words like "access policies" and "outreach"
and "success policies." We note that "remedial education (also called developmental education) is crucial
because so many...students come into college with inadequate academic skills," and wonder out loud yet again
why Texas parents and taxpayers have put up with our poorly worded Texas Essential Knowledge and Skills for
so long now. Fuzzy non-specific curriculum parameters produce fuzzy education. On page 64 of this 258-page
report are the summary tables for state policies for performance lobotomies. No, I misread, should be
performance "accountability," although lobotomies seems where some of this garbage seems headed--why
not just take the 90% of the student population Education, Inc. deems unfit for a real education and treat them to
lobotomies so they can sit through their P-16 deadly-dull education years until it's time to strap them to the
assembly line and they spend the next twenty years paying off their student loans?

Lumina in Texas
Among those interviewed in Texas by Lumina are "officials of the Texas Higher
Education Coordinating Board, state legislators and staff, gubernatorial
advisors." And Lumina looked at "materials by Texas state agencies and by
external organizations such as the Education Commission of the States and
the Southern Regional Education Board," both of which we again note
Governor Perry's appointee senator Florence Shapiro serves on. The
fulcrum narrows; Lumina tells us helpfully that the "Texas Higher Education
Coordinating Board is the sole state body that coordinates community
colleges and universities. The Governor appoints the 15 at-large members
(the number is eventually to go to 9) of the coordinating board with the advice
and consent of the state senate," where state senator Shapiro chairs the
state senate education committee. Are you leaving bread crumbs behind
yet? Lumina notes with a visible scowl, "The state system is highly
decentralized, with great resistance to a high degree of state direction."

Governor Rick Perry (left)
with Shirley Neeley and
Robert Scott

Resistance, indeed! Well, this is about to be fixed, by the new TEA P-16 alignment. "The first goal of the
Closing the Gaps initiative is to greatly increase the number of students in higher education by 2015." "The
strategies by which Goal 1 is to be achieved, as they relate to community colleges, include the following: linking
the high school and college curricula so that the standard curriculum in high schools will be a college
preparatory program, the successful completion of which would be an admissions requirement to a Texas
public college." In other words, K-16 or P-16 vertical alignment.

How will this be paid for?
The Lumina report confides that "local community college officials and the Texas Association
of Community Colleges complain that state funding for the Closing the Gaps initiative has
never been sufficient." Oh, pulleeez. Let us just state the obvious here. When have you ever
once in your life heard a public education executive admit he or she has enough money? "As a
community college president noted, 'We've got a higher ed coordinating board at the state level,
giving us a charter to bring more people in. But they don't control the dollars. And because
they don't control the dollars, the Legislature does, it's tough for me to say that there is strong
support in encouraging minority students or lower income students into higher education."

But wait! There's more!
Did you pop in on the Texas Higher Education Coordinating Board's Commissioner's Summit
last November at the Renaissance Hotel in Austin? (Yes, you read that correctly. Despite our
numerous suggestions, our education executives continue to feel entitled to stay at the finest
hotels rather than the more budget-conscious choices available. But it's not their money! Why
should they economize if they don't have to?) The purpose of this summit was "Ensuring
Academic Excellence: Developing Strategies of Success Campus by Campus." Texas
taxpayers will be happy to know that they fund stays where the "Fresh new guest room décor
[is] regionally-inspired by the Texas Hill Country" with "Heated indoor and outdoor pools,
whirlpool and sauna, full spa and golf nearby" for our overtaxed edu-executives. The stated
goal for this soiree was "Bringing together Texas educational leaders to discuss the state of
developmental education, and identifying actions Texas must take to ensure academic
success for all college students."

Pool & dessert at
the Renaissance

The summit's welcome was provided by Robert Shepard, Board
Chair/Texas Higher Education Coordinating Board and--none other than
Senator Florence Shapiro and Raymund A. Paredes, Commissioner of
Higher Education-Texas Higher Education Coordinating Board.

Among the topics to be discussed were, "Creating a Curriculum and
Culture of Inclusion," "We Have The Way, Do We Have The Will?,"
"Developmental Education, More Important Than Ever" and "25 Steps to
Effective Developmental Education" and of course Shirley Neeley's
"Overview of Educational Challenges and the State's Efforts to Improve
College-Readiness."

THECB chair Robert Shepard (left)
and vice chair Neal Adams

The dotted line & the fine print
Was the mainl purpose of the summit the signing memo of understanding signed
by Nealey, Paredes and Sue McMillin, the president & CEO of the Texas
Guaranteed Student Loan Corporation? Was this one of the foundation stones of
this new P-16 alignment?

Another shadowy edu-layer
Texas Guaranteed Student Loan Corporation's assets at year end were $327
million; TGSLC, or, as they refer to themselves, TG, occupies a roughly 200,000
square foot building worth $24 million which they own 100%, according to
Williamson County tax rolls. Their property taxes for this building, located at 301
Sundance Parkway, Round Rock, Texas 78681go to Round Rock ISD.

According to their literature, "TG is a public, nonprofit corporation that administers
the Federal Family Education Loan Program (FFELP)" whose "vision is to be the
premier source of information, financing, and assistance to help all families and
students realize their educational and career dreams." Ah, visions and dreams.

By the looks of their events calendar, TG's dance card appears full. (See violet box
below)

Sample guest room at
Renaissance, site of
Commissioner's Summit

Memo of
understanding
This Memorandum of
Understanding (MOU) sets forth
the mutual understanding and
agreement between and among
Texas Education Agency
(TEA), Texas Higher Education
Coordinating Board (THECB), and
Texas Guaranteed Student Loan
Corporation (TG) (the “Parties”) to
jointly support the state of Texas
in increasing student enrollments
and completion in postsecondary
education. The Parties
understand that it is vital for the
State of Texas, its residents,
and the state economy, that all
Texas students, whether enrolled
in public or private schools,
become college-ready, and have
access to a quality postsecondary
education. The Parties further
understand that collaboration
among the state entities, schools,
postsecondary institutions, and
local and regional organizations
will maximize our collective
efforts to ensure that more Texans
earn a postsecondary education.
Therefore, the Parties agree to
work together to develop and
carry out comprehensive plans
that address two critical statewide
objectives:
(1) Participation – increase
student enrollments in
postsecondary education;
and

TG's 'senior management team'
a mixed bag of credentials
TGSLC's vice president in charge of "Customer Focus" is
Kim Alexander who holds a bachelor's degree in criminal
law from Illinois State University. Wondered at first whether
this was a statement about TGSLC's clientele or if this skill
helps with collections--but no, someone else is apparently in
charge of collections as Phillip Cervin's title is vice president
of collections.

Sue McMillin

Sue McMillin, TG's president and chief executive officer, holds a bachelor’s
degree in theater arts from St. Edward's University, an institution of higher
learning known for its theater program.   From her posted bio we know that
"McMillin is committed to ensuring that TG continues to provide the unsurpassed
service, reliable solutions, and innovative support that have made TG the
guarantor of choice for a growing number of schools and lenders nationwide."

Inquiring minds really do want to know
Here I'm stumped. Why is a federally funded (the Federal Family Education Loan
Program) not-for-profit established by the Texas legislature, with "Texas" their first
name, out in the hustings in places like Savannah, Georgia and Huron, Ohio?
Las Cruces, New Mexico at least makes sense because it's the next state over.
But Boyne Mountain, Michigan?

Looking for answers to these questions, I called TG this morning and asked for
McMillin, who from her photograph appears friendly and approachable and no
doubt blessed with good people skills given her theater arts background, but was
instead directed by the operator to Kristen Boyer, TG's senior media specialist
who according to her voice mail is "out today."   Boyer's message referred callers
to Keith Dodson who turned out to be TG's creative director whom I would not
expect to be able to answer these questions, who in turn referred me to Andres
Cordero, their communications specialist who did not want to commit to a general
dollar amount for TG's income this year or last from the feds, even to the nearest
ten mil. And could not say why a federally funded 501(c)3 with "Texas" as its first
name is all over the country business-wise. And no persons of sufficient pay
grade were available to do so, either.   In fact, none of TG's 560 employees, in situ
or remote, were available.

Back to the ranch. Is the Neeley/Scott/Perry/Dewhurst/
Shapiro land grab legal?
After all, Perry called the session to fix public school funding and here we are not
even a month later in new and unchartered territory.

On April 17, Perry called the legislature back to Austin for five purposes, to
consider legislation that provides "for school district property tax relief," "for
modification of the franchise tax," "for modification of the motor vehicle sales and
use tax," "for modification of the tax on tobacco products," and "for an
appropriation to the Texas Education Agency." This last is the so-called
"buy-back" wherein the aforementioned new business, used car and tobacco
taxes will pick up the slack when our property taxes are reduced. There is no
where of course anywhere in this any mention of reduced funding to Texas public
schools. Heaven forbid any of our public schools should go through any of the
same kind of down-sizing that the folks who pick up the tab for public education
have experienced in the corporate workplace.

Also missing from this is any mention of the proposed K-16 alignment scheme
that appears to have entered via the back door.

A scant eight days after the call, Dewhurst issued a statement which includes the
following: "I am pleased the House passed bills that provide a vehicle for the
Senate to pass meaningful legislation to improve education and lower local school
property taxes....Senator Florence Shapiro will carry HB 1 in the Senate, and we are
talking with the House about the Senate adding language to that bill that will
improve our schools such as teacher pay raises, incentives and increased
accountability and performance. It is imperative that the Senate work thoroughly
and carefully to craft a school finance reform bill that will ensure we improve our
schools."

Still, is this constitutional?

It is, according to Charles W. "Rocky" Rhodes,
constitutional and state constitution law specialist
and associate professor of law at Houston's South
Texas College of Law, who cites the "Enrolled Bill
Doctrine" (see grey box below). As I understand the
concept, this doctrine would allow Governor Perry to call
a special session on the topic of, say, regulating the
activities of little green men and for the legislature to
subsequently approve the sale of used cars by the light
of the silvery moon. But of course this is not what's
happening in Austin; something this dramatic would
wake us up. Most of us hear "improve education" and
"improve our schools" and fall back asleep. There is a
possibility that some conservative representatives may
object to the language of article 5 as not being germane.

Charles Rhodes'
faculty page
at South Texas
College of Law
in Houston

Something is happening in Austin that appears to have all the stoppability of a train
wreck because we have allowed the money-changers of Education, Inc. to run
unfettered and unchecked for too long in the temple of education. Where's that Guy
with the whip when we need him?

A smorgasbrod

potential revisions, once every
two years, within six months after
the completion of the regular
session of the Texas legislative
session, beginning with the 80th
Texas Legislature. This
Agreement is subject to all Texas
and Federal laws. The Agreement
is also subject, to the extent
applicable, to the Higher
Education Act (HEA) of
1965, as amended, 20 U.S.C.
Section 1070, et seq., including
but not limited
to Section 422(g)(2) of HEA, 20
U.S.C. Section 1072(g)(2).
The MOU is hereby agreed to and
signed on November 15, 2005, by:
_____________________
Dr. Shirley J. Neeley
Dr. Raymund Paredes
Sue McMillin

http://www.tgslc.org/pdf/mou_stude
nts.pdf

November 2005
summit speaker noted
Dr. Patricia Gándara, Professor,
Associate Director, University of
California Linguistic Minority
Research Institute, Co-Director, Policy
Analysis in California Education
University of California-Davis "Latino
Academic Success"
Patricia Gándara is a professor of
education at the University of
California-Davis. In addition to being
associate director for the University of
California Linguistic Minority Research
Institute,

WHO'S ENFORCING THE
ILLEGAL STUDENTS'
AFFIDAVITS?
"A 2001 law (HB 1403) made Texas one
of the earliest states to allow
undocumented residents to qualify for
instate tuition. Community colleges can
charge instate tuition to these students if
they graduated from a Texas high
school, have lived in the state for at least
three years, and have signed an
affidavit that they will apply for
permanent residence as soon as they
are eligible." So my question is, who's
job is it to ensure that undocumented
residents follow through on their promise
to apply for permanent residence as soon
as they are eligible? Might this be the
same guy whose job it was to follow
Mohammed Atta around the country
when he overstayed his visa?
Just asking.

she is also a co-director
for Policy Analysis in
California Education, a
University of
California/Stanford
University policy research
consortium. Gándara's
research interests include
equity and access in
education and the
education of linguistic and
minority groups. She has
written books and

Patricia
Gandara

TGSLC's
full dance card

May 10 - 12 - ATLE Annual Conference - San Antonio, TX

May 16 - Mapping Your Future™ Chat Event - Evening Chat — Financial aid
and managing student loans and consumer debt

May 17 - 19 - GASFAA Spring Conference - Savannah, GA

May 18 - TG Lender and School Advisory Committee Meeting - Round Rock,
TX

May 18 - Positive+Balance™ Spring 2006 Workshop - Kansas City, MO

May 23 - Positive+Balance™ Spring 2006 Workshop - Denver, CO

May 23 - TG Public Benefit Program Information Forum - Lansing, MI

May 25 - Positive+Balance™ Spring 2006 Workshop - Tallahassee, FL

May 25 - TG Public Benefit Program Information Forum - Edinburg, TX

May 30 - TG Public Benefit Program Information Forum - Round Rock, TX

May 31 - June 2 - OASFAA Spring Conference - Huron, OH

June 7 - 9 - FASFAA Spring Conference - Fort Myers, FL

June 9 - Positive+Balance™ Spring 2006 Workshop - Montgomery, AL

June 15 - Positive+Balance™ Spring 2006 Workshop - Hampton, VA

June 21 - 23 - MASFAA Annual Conference - Jackson, MS

June 23 - Positive+Balance™ Spring 2006 Workshop - Las Cruces, NM

June 28 - Positive+Balance™ Spring 2006 Workshop - Dallas, TX

June 25 - 28 - MSFAA Summer Training - Boyne Mountain, MI

June 27 - Enrollment Services Efficiency Committee (ESEC) Meeting -
Round Rock, TX

June 30 - Council for the Management of Educational Finance Quarterly
Meeting - Austin, TX

June 30 - Positive+Balance™ Spring 2006 Workshop - San Antonio, TX

July 5 - 8 - NASFAA Annual Conference - Seattle, WA

July 14 - TG Regional Training - Houston, TX

July 18 - TG Regional Training - Corpus Christi, TX

August 15 - Mapping Your Future™ Chat Event - Evening Chat — Managing
your student loans, including repayment options, consolidation, and
cancellation

October 11 - 13 - TASFAA Annual Conference - San Antonio, TX

November 8 - 10 - SWASFAA Annual Conference - Tulsa, OK

December 1 - 3 - CASFAA Annual Conference - Ontario, CA

articles on such subjects as peer-group
influence and the college-bound
behavior of low-income Latino and other
ethnic minority students; immigrant
students, bilingual education policy and
public schools; high academic
achievement of low-income Mexican
Americans; and mathematics instruction
in multicultural classrooms. Gándara is
currently conducting a study of
classroom teachers and their
perceptions of the challenges they face
in teaching English learners. She
received her Ph.D. in Educational
Psychology from UCLA. Gándara has
directed education research for the
California State Assembly, and served
as Commissioner for Postsecondary
Education for California.

The Southern Regional
Education Board 'gratefully
acknowledges support from':

ACT, Inc.
Alfred P. Sloan Foundation
BellSouth Education Foundation
Carnegie Foundation of New York
Charles Stewart Mott Foundation
Council of State Governments
Johns Hopkins University
Joseph B. Whitehead Foundation
Lamar Plunkett Family
League for Innovation
Lumina Foundation for Education
National Institutes of Health
National Science Foundation
North Carolina Department of Public
Instruction
Project Lead The Way
SouthEastern Regional Vision for
Education
The College Board
The Goldman Sachs Foundation
The Philadelphia Foundation —
Wright-Hayre Fund
The Wachovia Foundation
U.S. Department of Education
Wallace Foundation

If you have any questions regarding
how the DOE is spending your tax
dollars:

Southern Regional Education Board
592 10th St. N.W.
Atlanta, GA 30318-5776
(404) 875-9211

MOU press release
EDUCATION LEADERS FORMALIZE
PARTNERSHIP TO BENEFIT TEXAS
STUDENTS
November, 2005
Round Rock - November 15, 2005 -
The leaders of the Texas Higher
Education Coordinating Board
(THECB), Texas Education Agency
(TEA), and TG executed a
memorandum of understanding (MOU)
today that will help Texas students
receive information and support to
continue education beyond high
school. In signing this trilateral MOU,
the organizations agree to work
together to reach out to students and
families about the opportunities and
benefits of a college education. On
Tuesday, Nov. 15, as a part of the
THECB's summit, "Ensuring Academic
Excellence: Developing Strategies of
Success Campus by Campus," the
leaders met to sign the agreement. Dr.
Raymund Paredes, higher education
commissioner, represented THECB;
Dr. Shirley J. Neeley, education
commissioner, represented TEA; and
Sue McMillin, president and CEO,
represented TG.
Today, 1.2 million Texans are enrolled
in postsecondary institutions across
the state. Texas' Closing the Gaps
higher education plan, adopted by the
THECB in October 2000, calls for
enrolling 1.63 million students in
college by 2015. To reach that goal, the
state will have to increase its efforts in
early outreach and college awareness,
academic preparation and planning,
and support services designed to help
students navigate their college
enrollment process.
"If current and future needs are not
addressed," said Paredes, "it will lead
to a drop in Texans' educational levels,
a consequent annual loss of billions of
dollars in household income, and a
narrowing of opportunity for millions of
people. Hispanics will account for most
of the state's new workers in the future,
and it's especially alarming that we
have not been able to enroll the
number of Hispanics needed to close
the gaps. Our staff, TEA, TG, public
school officials, business and
community leaders, elected officials,
and others must expand and
strengthen collaborations to meet this
challenge."
"These numbers illustrate the need to
improve educational opportunities
throughout the state, but particularly in
communities where our students may
be the first in their family to pursue
higher education," said Neeley. "All of
our agencies are committed to
achieving this goal, and we will work
well together throughout the state."
"We look forward to working
collaboratively with TEA and THECB to
help Texans realize their educational
dreams," said McMillin. "We know that
by working in partnership we increase
our likelihood of success. Texas
students and families, whom we all
serve, will benefit greatly from this
renewed partnership," declared
McMillin.
Electronic copies of the agreements
signed by TG, THECB, and TEA are
available from the TG Newsroom at
www.tgslc.org.

PLANO PARENTS' ANTI-FUZZY MATH LAWSUIT
Chiu, Brown, Jenkins, Kirke et ux and Johnson v. Plano Independent School District,
et al.
21. On August 25, 1998, Alfred Kirke attended a public meeting held at the Haggard
Middle School. Mr. Kirke intended to discuss with fellow parents the many aspects,
pros and cons, to the new Connected Math Program in the Plano ISD. Mr. Kirke
received notice of this public meeting for parents through a flyer sent home via his
daughter by Plano ISD, a true and correct copy of which is attached as Exhibit "A"
and incorporated herein for all purposes.
22. This meeting was held in the school and was open to the public. According to
Plano ISD, this was a Parent's Math Night, meant to discuss the Connected Math
Program in Plano ISD. This public meeting was open to the public. It was also
publicized in the local paper, the Plano Star-Courier.
23. In preparation for this public meeting, Mr. Kirke duplicated copies of a
Department of Defense report detailing its experience with the Connected Math
Program, and a report on the 1995 Palo Alto School Board election where Connected
Math was a controversial issue, a true and correct copy of which are attached hereto
as Exhibit "B" and incorporated herein for all purposes. Mr. Kirke also prepared and
brought a petition that parents could sign expressing their desire that Plano ISD not
implement the Connected Math Program until it had allowed parental input in the
curriculum selection at the middle school level, a true and correct copy of which is
attached hereto as Exhibit "C" and incorporated herein for all purposes.
24. The morning of the meeting on August 25, Mr. Kirke, as a courtesy, met and
informed the Haggard Middle School Principal, Ms. Roxanne Burleson, an employee
of Plano ISD, that he was going to pass out these flyers and circulate a petition at
this public meeting. Ms. Burleson made no objection.
25. The night of the meeting, Mr. Kirke arrived early and again informed Ms.
Burleson and Dr. Jim Wohlgehagen of his intent and desire to present an opposing
view of the Connected Math Program and provide handouts to parents that may be
interested. Again, neither Ms. Burleson nor Dr. Wohlgehagen objected, so Mr. Kirke
proceeded to do so.

26. Some time after Mr. Kirke placed his handouts and petition on the information
table, alongside Plano ISD's own handouts addressing the benefits of the Connected
Math Program, Dr. Wohlgehagen and Ms. Burleson both approached and asked him
to remove his materials to another table so as to avoid the appearance that his
materials were associated with the official presentation of Plano ISD. At the time,
Mr. Kirke believed that this was a reasonable request and did so.
27. At the same time, Ms. Burleson informed Mr. Kirke that he would have an
opportunity, after Plano ISD's presentation to the parents, to present his point of
view on the curriculum issue, but when that time came, he was not allowed to do so.
28. As the parents arrived at this public meeting, Mr. Kirke greeted the parents and
mentioned to them that he had prepared handouts and a petition concerning the
implementation of the Connected Math Program in the Plano ISD. Many of the
parents picked up copies of his literature and a number of them signed the petition.
Mr. Kirke was at all times polite, orderly and non-disruptive, never attempting to
force his handouts or petition on anyone.
29. As the room in which this public meeting for parents began to fill, Dr.
Wohlgehagen and Ms. Burleson once again approached Mr. Kirke and asked him to
pick up his materials and actually leave the premises. Mr. Kirke pointedly asked Dr.
Wohlgehagen that if he were to refuse, would Dr. Wohlgehagen make him leave the
premises. In response, Dr. Wohlgehagen said that he would not, and left Mr. Kirke.
30. Shortly thereafter, Dr. James Davis approached Mr. Kirke and informed him that
the Plano ISD would not allow him to circulate a petition on school property and
that he was to immediately collect his petition clipboard and put it away.
Reluctantly, and in apprehension of what Plano ISD or some of its employees would
do to him or his children if he did not comply, including forcefully removing him
from the premises or retaliating against him through his children, Mr. Kirke abided
by the request of Dr. Davis and put away the petition.
31. Minutes later, Dr. Davis once again returned to Mr. Kirke, informing him that
Plano ISD would not allow him to pass out literature on school property and
directed him that he should also gather up his handouts and put them away as well.
Again, Mr. Kirke, fearing what the Plano ISD would do to him if he refused, picked
up his literature off of the very table that he had been previously directed by Dr.
Wohlgehagen and Ms. Burleson to place literature earlier in the evening. Dr. Davis
further told Mr. Kirke that the District would not allow him to pass out material
because otherwise they must permit abortion rights activists and other groups of
that sort to also pass out material.
32. The day following the August 25 public meeting at Haggard Middle School,
Assistant Superintendent Dr. Davis prepared and distributed to all central cluster
principals a memo instructing these principals to not allow parents, such as Mr.
Kirke and other Parents involved in this litigation, from communicating in written
form with any other parents or school personnel on their respective campuses. The
motivating factor in initiating and preparing this memo was to stop parents that are
opposed to Connected Math and its implementation within the District from
providing information that is predominantly against the program to fellow parents.
Specifically, the memo stated:

"I want to alert all of you of our district legal position regarding people coming on to
your campus with petitions and material associated with the Connected Math
Program. You are not to allow anyone to come on to your campus, inside or out, to
circulate a petition or pass out material related to the Connected Math Program. The
recent flap over the Connected Math Program has prompted some people to conduct
personal campaigns supporting one side or the other. I think they will seek support
wherever they can find it, including schools not using the program. Don't get caught
napping on this one."
A true and correct copy of Dr. Davis' memo, is attached hereto as Exhibit "D", and
incorporated herein for all purposes.
33. This "legal position" of Plano ISD was, upon information and belief, based upon
Plano ISD Policy GKA (Local), a true and correct copy of which, as it existed on
August 26, 1998, is attached as Exhibit "E", and incorporated herein for all purposes.
34. The substance and effect of Defendant Davis' August 26 memo was approved
by, endorsed, and once again made district policy by the Plano ISD Board of
Trustees on April 26, 1999 when it adopted the revised Policy GKA (Local), a true
and correct copy of which is attached hereto as Exhibit "F", and incorporated herein
for all purposes. It was further approved and adopted by Defendants when
Superintendent Otto heard the Parents' Complaint at a Level II hearing and by letter
of February 2, 1999, denied all relief and ratified the acts of Davis and other
Defendants. The acts of Davis and all Defendants as described herein were again
ratified and approved by Defendants Plano ISD and Plano ISD Board of Trustees on
March 2, 1999 when they heard the Parents' Level III Complaint, which complained
of this Davis Memo, and denied same.
35. The motivating factor and purpose for the adoption of the amended Policy GKA
(Local) was the desire and intent to further solidify and strengthen the desire and
intent of the Defendants to quench the free speech and expression of Parents and
squelch any opposing speech or expression that may be contrary to the position,
plans, or desires of Defendants.
36. After this incident at Haggard Middle School, Mr. Kirke attended another public
meeting for parents and the general public, at Wilson Middle School on September 1,
1998. Mr. Kirke attended this meeting because his son, T.K., attended that school.
Again, just as at Haggard Middle School on August 25, this meeting was specifically
designed and created by the Plano ISD for parents to learn additional information
about the Connected Math Program.
37. Before the Wilson meeting began, Mr. Kirke was approached by Dr. Davis and
Ms. Beverly Sellers, Principal of Wilson Middle School, and was told that he would
not be allowed to pass out any literature at that public meeting. Once again, fearing
reprisal by Plano ISD and/or its employees against either himself or his children, or
that he would be asked to leave the premises, Mr. Kirke agreed to not distribute or
even make available his literature at the meeting.
38. The materials of Mr. Kirke were not disruptive, inflammatory, inciting to civil
disobedience or unrest or imminent lawless or disruptive action, obscene or
inappropriate, libelous or hateful. Rather, the materials sought to be given to fellow
parents by Mr. Kirke were merely informative, discussing the merits of the
Connected Math Program in Plano ISD, and concerned an item of critical and serious
importance to parents--the education of their child.
http://www.pisd.org/cmp/cmpsuit.html

The one bright spot I've observed
since this third special session
convened almost a month ago was
representative Bill Keffer's
comment to one of many of a long
string of teachers union officials
testifying before the House Public
Education Committee on
Tuesday that the employment
status of teachers is a hybrid. "On
one day you want the state to get
involved and give you more money
and another day you don't want the
state meddling in your business
because you're part of a union" as
regards the state holding teachers
and schools accountable. Keffer's
admonition aside, Texas teachers
are to receive an across-the-board
$2,000 pay raise regardless of
their teaching skills.

LITTLE KNOWN SBOE FACTS
1. Yes, there is a State Board of
Education. If you live in Texas, you
have an elected representative on
the SBOE; find your representative
here
http://www.tea.state.tx.us/sboe/SBO
EmapC.pdf
2. Yes, the governor appoints the
SBOE chair. No, the SBOE
doesn't get to elect its own chair.

LITTLE-KNOWN SBOE
RUMOR
1. The governor requires his
appointee chair to sign a resignation
letter before assuming the
chairmanship. (Think about this.)
I contacted the governor's office
earlier this week and have not
received a yes/no confirmation.

THE ENROLLED BILL DOCTRINE prevents the courts
from examining legislative compliance with certain
procedural aspects of the constitution as long as a bill
has been properly enrolled and signed by the speaker of
the house and the lieutenant governor, and not vetoed
by the governor. "The courts won't look behind that
bill to the legislative records to try to invalidate it,"
says Rhodes. "They can only invalidate for reasons that
appear on the face of the bill. As the result, the issue
of whether a piece of legislation falls within the
governor's proclamation in calling the special session is
not enforceable by the judiciary and becomes a matter
for the legislature." Rhodes adds that this doctrine has
most recently been tested in 1971, in Maldonado v.
State, where the governor called a special session and
the legislature went beyond and challenged in the Texas
Court of Criminal Appeals held that this was not a
matter, saying, "We will not look behind the engrossed
bill to see if the governor issues a proclamation
including the subject matter of the enacted
legislation." .

Special Lege Report -
Part Two

SADDLE UP AND MOVE 'EM OUT: HOW TOP
POLITICIANS ARE CONSPIRING WITH TOP EDUCRATS
TO RUSTLE TEXAS PARENTS & TAXPAYERS--AGAIN
By Peyton Wolcott - May 8, 2006 - High Noon

Sad part is, even though it's going on AT THIS VERY MOMENT, this big-time
cattle rustle is one that next to nobody's noticed. Major Texas papers are
concentrating on the jazzier elements of this past week's special Lege session
such as Friday's food fight on the floor of the Senate when six Senators walked
out, and ignoring what's really important, the power grab by Texas
edu-missioner Shirley Neeley and associate edu-missioner Robert Scott to
seize what little power the elected State Board of Education still has.

Texas edu-missioner Shirley
Neeley with assoc. commish
Robert Scott (PHOTO/AP)

Why? "Come, let us reason together," LBJ used to say. More power for governor
Rick Perry's Texas Education Agency appointees Neeley and Scott means more
power for Perry. Follow the money.

K-12 good? K-16 must be better
Perry has called the Lege into special session, for the third time now, to settle the
school finance issue--which would have been a full corral by itself. Except that both
Perry's and Lt. Gov. David Dewhurst's ambitions have by now reared their collective
heads and Republican Senator Florence Shapiro from Plano has added language
that shifts education decision-making power from our elected SBOE representatives
to the Governor's appointees over at TEA. The rationale appears to be that if K-12
reform worked for Bush, K-16 must be better for Perry and/or Dewhurst.

"The
commissioner
shall's"

But as anyone who's ever baked a cake will tell you, adding more basic ingredients
is not necessarily a good thing, flour and salt and butter being good examples.

Lone Star Report managing editor Will Lutz writes that Shapiro's motivation is her
concern "that our high school curriculum is not aligned with what is expected of
students in higher education. 'We're losing people. There's a huge disconnect
between our high school curriculum and our college curriculum, vis a vis the fact
that we've got kids going to remedial courses [in college.]' So she asked the
commissioner of education and the commissioner of higher education to draft
language to align the higher education standards with those in K-12 education. The
elected State Board of Education would lose discretion over the curriculum, the
Texas Essential Knowledge and Skills, if the committee substitute to HB 1 unveiled
in the Senate Finance Committee May 1 were to become law.' "

Why grab land when
you can grab power--
and then buy lots of
ranches? Here's one
small section of a very
large bill where mention
of the SBOE is AWOL.

* ARTICLE 2. FISCAL
ACCOUNTABILITY - SECTION
2.01. Chapter 1, Education
Code, is amended by adding
Section 1.005 to read as
follows: Sec. 1.005. (b) The
commissioner of
education . . . .may
establish . . . three centers for
education research . . . . as
part of: . . the Texas Education
Agency; (d) A center may be
operated under a
memorandum of
understanding between the
commissioner of
education . . . . The
memorandum of
understanding must require
the commissioner of
education . . . to provide
direct, joint supervision of the
center (f) The
commissioner of
education . . . (1) under the
memorandum of
understanding . . . may require
a center to conduct certain
research projects considered
of particular importance to the
state, as determined by the
commissioners (g) In
conducting research under
this section, a center: . . . (1)
may use data on student
performance, including data
that is confidential under the
Family Educational Rights and
Privacy Act of 1974 (20 U.S.C.
Section 1232g) (2) shall
comply with rules adopted by
the . . . commissioner of
education . . . to protect the
confidentiality of student
information, (h) The
commissioner of
education . . . may: (1)
accept gifts and grants to be
used in operating one or more
centers; and (2) by rule
impose . . . fees for the use of
a center's research,
resources, or facilities. (j) The
commissioner of
education . . . shall adopt
rules as necessary to
implement this section. (k) In
implementing this section, the
commissioner of
education may use funds
appropriated to the agency
and available for that purpose,
including Foundation School
Program funds. SECTION
2.02. Subchapter A, Chapter 7,
Education Code, is amended
by adding Sections 7.008 and
7.009 to read as follows: Sec.
7.008. PUBLIC ACCESS TO
PEIMS DATA. (a) The
commissioner . . . shall
develop a request for proposal
for a qualified third-party
contractor to develop and
implement procedures to
make available, through the
agency Internet website, all
financial and academic
performance data submitted
through the Public Education
Information Management
System (PEIMS) for school
districts and campuses. (b)
The commissioner shall
appoint an advisory panel to
assist the commissioner
in developing requirements for
a system that is easily
accessible by the general
public and contains
information of primary
relevance to the public.
________________________
PLEASE NOTE: This section
above also allows for-pay
outside contractors access to
our kids' confidential PEIMS
information. Remember
Xpediant, LLC? Remember C
Innovation's ZANGLE?
Remember the photos of the
unguarded tech department?

http://www.capitol.state.tx.us/tlo/79
3/billtext/HB00001E.HTM

So it's easy to see why Shirley Neeley would be able to call
her end of the deal "a homework assignment" from
Shapiro's committee, Senate Finance. But is it really that
simple, Shirl?

Not our first time in this not-OK corral
Let's go back to 1993 when then-state senator Bill Ratliff
created our so-called Robin Hood state edu-funding which
introduced socialism to state public school finance--why
does no one call it that?--which has made nary a soul,
including the poor districts designed to be the lucky
recipients of others' hard work, happy, as those districts have
since sued for still more money. In the bargain, Robin Hood
"destroyed about $81 billion of property wealth in Texas,"
Harvard's Caroline Hoxby and Ilyana Kuziemko reported in
2004, noting that "good intentions about redistribution are
not enough in school finance."

When that creek didn't overflow, Ratliff seized higher ground
in 1995 with SB 1 which at the local level stripped elected
school boards of their authority, giving it to their hired
superintendents, and at the state level similarly stripped the
SBOE of its authority and gave its power to the
governor-appointed Texas education commissioner.

Gov. Rick Perry
atop unnamed horse;
former Lt. Gov. Bill
Ratliff on foot.
(PHOTO BELOW-Andi
Hadisutpto/Daily Texas)

The Ratliff gang
Since leaving office, Ratliff has proven himself to be not only a staunch ally and
good friend of the Texas education establishment but also what some might call its
wealthy beneficiary as he now works as a paid political lobbyist for among other
organizations the Texas Association of School Boards from which he expects to
make as much as $99,999.00 this year, according to Texas Ethics Commission
records.

In fact, the Texas edu-establishment has
proven generous to the entire Ratliff family.
Bill's nephew Shannon Ratliff II is a
registered lobbyist on behalf of two
businesses that traffic in public school funds:
Bracewell & Giuliani, a law firm which seems
to be specializing in anti-parent lawyering on
behalf of Texas school districts, and Cisco
Systems which Texas ISD's don't seem to be
able to function without, for which he expects
to be paid $25,000 to $49.999.99 for this year
alone. Not to be left out, Bill's son Thomas
Ratliff was listed by state rep. Todd Baxter
last year as one of two sources for HB 2264,
Baxter's proposed anti-sunshine legislation
directed at the efforts of parents and
taxpayers to view their schools' open records;
shortly after HB 2264 failed last year Baxter
left office--to become another Texas lobbyist.
(See below left, goldenrod box, for more
regarding honors bestowed by Eanes ISD's
grateful board and administration on Mr.
and Mrs. Thomas Ratliff.)

(From left) Eanes ISD professional
lobbyist Brad Shields (standing);
then-rep. Todd Baxter, 3rd from
right, conferring with EISD supe
Nola Wellman (named by Baxter as
source of HB 2264) & then-EISD
board president Clint Sayers.

TEKS no Rex the Wonder Workhorse
Some would argue that the Texas Essential Knowledge and Skills (TEKS) are
poorly written to begin with in that they are too broad and vague. I stumbled across
this section of the Texas Education Code by accident several years ago while
looking up something else and was appalled. Drawing only upon my experience as
a mom, the lack of specifics was surprising. Where I expected to find "Read
Shakespeare's Twelfth Night in 9th grade" and "Learn basic algebra in 8th,"
something along those lines, instead there were generalities, thereby generating
another education specialty profession, that of the TEKS consultant who comes to
schools and waves a magic wand over the curriculum--thus removing the burden of
responsibility for figuring out what they mean from the supe's back.

As veteran teacher Donna Garner says, "Locals have already lost
control of their public schools; every entity in the schools is now
dancing to the 'TAKS dance' [the TEKS test] including school board
members, administrators, teachers, and students. Teachers have
been given an impossible mandate which was crafted by the TEA.
The education standards are too numerous, too broadly worded,
and too unrealistic for teachers to follow and for students to learn.
The reason Texas has such a huge percentage of high-school
graduates who have to take remedial education in college is
because the TEA has not given our students and our schools quality
leadership in Pre-K--12. "

Donna Garner
(PHOTO/Doug
Fitzjarrell)

When all else fails blame it on PBS
Maybe here in my home state we watched too much
"Texas Ranch House 1867" on PBS last week and
grew a bit overly enthusiastic about it all with the
result that we've been moved to allow the spirit of
our rough and ready forbearers and the Wild West
to motivate our actions. Unfortunately, the Wild West
image that comes to mind of our sitting Lege and
education bureaucracy is not the noble and heroic
scale of 1867 or even John Wayne but the Wild
West of modern cinema--the food fight scene from
Animal House (at left).

John Belushi in food fight scene,
Animal House

SB 1 chockablock with 'the Commissioner shall's
At right is just a small portion of this massive bill, just to give you an idea what's at
stake. Over and over you read, "the Commissioner shall" this and "the
commissioner shall" that--where we should be reading "the SBOE this" and "the
SBOE that."

Perry/Dewhurst/Neeley/Scott's land grab
So now our lawmakers have made the decision to wrest even more power from
parents and taxpayers through their elected representatives, the SBOE, and give it to
TEA, the same folks who created the problem in the first place.

Aye-yi-yi.

Just as other state legislatures before this one, the current Texas Lege doesn't
appear to much want a State Board of Education independent of ties to Texas pols,
Texas bidness or the Texas education establishment.

Coming soon to a state edu-bureaucracy near you
For those of you reading this in other states sitting there comfortably at your laptops
or computer terminals thinking yourself safe because you're not in Texas, saddle up,
partners. You'd better think, think, think again. We pioneered K-12 accountability and
confidential student data collection and you now have both.

Notwithstanding when 15 little letters mean so much
The Lege has duly noted calls and emails from conservatives around the state who had been alerted to the
edu-missioner's power grab. Dave Nelson, an aide to Senator Jane Nelson who was one of Friday's walkouts
said, "Senator Nelson is aware of some language in HB 1 that is of concern to her because it would diminish the
role of the State Board of Education and she supports an amendment to remove that language."

Senator Florence Shapiro added some "clarification" language in the Senate Finance Committee meant to
appease conservatives and it goes like this: "Notwithstanding any other provision of this section, the State
Board of Education retains the board's authority over the required curriculum adopted under Section 28.002."

Further, according to Shapiro's office "there is NO intention to strip ANY power
away from the SBOE." Neely likewise asserts, "At no time was there any attempt
to make a 'power grab'....I have worked very hard to build trust and establish a
good working relationship with the SBOE. I would never do anything to jeopardize
the progress we've made." Smile back and grab your wallets, folks, in the
presence of real artistry. So long as the word "notwithstanding" is still in there,
Neeley's and therefore Perry's and therefore the Lege's powers are vastly
expanded and the SBOE will b