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 |

| Commentary |
| TRANSPARENCY/PUBLIC RECORDS UPDATE |
| THE TRANSPARENCY SITUATION IN OUR U.S. PUBLIC SCHOOLS - PART III NOT MUCH, NOT YET--TINY GLIMMERS OF HOPE SHINING BRIGHT AMID TROUBLESPOTS By Peyton Wolcott November 6, 2006/1 a.m. |
| CLOSEUP: public records searches around the U.S. |
| QUESTION: How can Ysleta ISD supe Hector Montenegro promote behavior such as this (below middle) from some employees yet stifle others such that at least one was willing to stand in silent protest at the mic in front of the school board with tape over his mouth for three minutes last July? |

| Texas |
| Oh, Texas, my Texas Our series on transparency ends today with a trip to the Lone Star State where we're looking at Cleburne ISD, just south of Dallas/Fort Worth, Eanes ISD (west of Austin) (again) and Lake Travis ISD (picking up where we left off in Part II) and its neighbor Leander ISD, the cluster theory at work. But first we go to Ysleta, in the El Paso suburbs, where, if you are only judging the state of things by these photos at right, administra- tors spend their time dancing and wearing funny hats and carrying rubber duckies. I love my native state. I really do. My family is here by choice--after spending many years away, we picked the Hill Country out of all of the places available to us, and moved back home. Sometimes in this life it helps to have a sense of perspective and a sense of humor. Of course we realize that administrators don't spend all of their time dancing and that teenaged girls don't go to school dressed like clowns (far right) every day. By the same token, administrators need to realize that while not all parents are filing thousands or even hundreds of public records requests, when they do, just as with the dancing and the costumes and the rubber duckies, there's likely a reason. And rather than trying to stifle such messengers, supes would serve themselves and their communities better by inviting these folks in and asking what they want; to break the ice they can always ask the parents to join them in the Mexican hat dance, or a "Let's all pat ourselves on the back" exercise such as the one above right. Something, anything rather than stonewalling. Why have supes circled the wagons? Could it be that wagon circling is a natural extension of the rah-rah good-news-only PR path public schools have been storming down of late? |
| There be some dancin' in the streets in Ysleta ISD |
| California - Colorado - Florida Iowa - New York - Tennessee Texas - Washington |

| Lake Travis ISD |
| When Lake Travis ISD took a mom and a dad to court for filing (they said) too many public records requests on Thursday, October 26, it took Travis County District Civil Court Judge Suzanne Covington less than an hour to throw out the suit, not even allowing LTISD's attorney, Bracewell & Giuliani partner J. David Thompson, III do his PowerPoint presentation, advising him he should take up the matter with the state legislature-- where we, a handful of moms organized as Texans for Education Accountability-- had last year defeated HB 2264, Education, Inc.'s previous attempt to rein in parents and taxpayers filing public records requests, so much so that the bill's initiator, then-representa- tive Todd Baxter, resigned a few months later. |
| Scenes above and below from Ysleta ISD videos shown across the nation by their superintendent Hector Montenegro. |






| Ysleta ISD supe Hector Montenegro (above left) |
| Cleburne ISD |

| David Thompson (center) in court Oct. 26 on behalf of Lake Travis ISD; LTISD PR gal Melissa Loe (far right) |
| The question now on the table: Is Baxter's replacement, Democrat Donna Howard, brave enough to tackle authoring anti-sunshine legislation? Both Lake Travis ISD and Eanes ISD are in her district. Another question on the table: Thompson, who is also listed in the Texas Ethics Commission roster of paid lobbyists as representing the powerful supes' union, the Texas Association of School Administrators, lives in Houston. Will he persuade his local representative there to file the anti-sunshine legislation he seems to be wanting to impose on Texas taxpayers? Still another question on the table: Both Eanes and Lake Travis are paying the Texas Ass'n of School Boards for use of their BoardBook software. BoardBook offers for free a "Check Register" feature. Rather than paying Mr. Thompson and any other attorneys to dodge producing what are after all at the end of the day public records of how these districts are spending taxpayer dollars, why don't Eanes and Lake Travis simply post their check registers online? |
| Every town in America needs people like Teresa Blackwell and Don Rice (above). Teresa, the mother of two CISD students, is founder and chair of ACCE$S Cleburne ISD, a group of parents and taxpayers who are working to help improve Cleburne ISD schools; she is also publishing a history of local Cleburne ISD schools. Don is publisher and editor of the Cleburne Eagle News, which has been fearless in its reporting of the group's findings. |
| Ysleta ISD |
| $436,804,801annual income buys a lot of PR. Ysleta ISD has a student popula- tion of 46,000 and total receipts for the 2004-05 school year (the most recent reported) for all funds of $436,804,801, which means Ysleta's spending a whopping and very generous $9500 per student per year. And yet, Montenegro was written up glowingly for talking during the 2004 Robin Hood trial "simply and eloquently about the desperate conditions and extreme needs of [his] campuses and students–and [his] inability to raise the resources to improve those conditions, given the financial circumstances" in his community. (SOURCE--Michael King/Austin Chronicle) |
| Member Harold Gentry (right) has been filing public records requests for the past two years. First came last year's $908.61steak dinner for the supe and the board at the TASB Summer Leadership Institute in San Antonio. More about this meal here |


| Micki and Alden Nellis filed public records requests also, and started a website for posting their findings: www.cleburnepolitics.com |

| Harold Gentry Micki Nellis Alden Nellis |


| White Bluff Resort (PHOTO/R.Muniz) |

| Then along came the White Bluff Resort receipts. Harold has to date uncovered $18,828.05 in receipts for district retreats at resorts such as White Bluff at Lake Whitney (above); another three CISD retreats were held at Garrett Creek Ranch in Paradise, Texas. Some of the stayovers were labeled "The Principals Academy." Details regarding the resort stays have been published both on the Nellis' site and in the Cleburne Eagle News. |
| No wonder Montenegro employs a PR staff of eleven (above). That's at least, what, six or eight teaching positions? While my natural assumption would be they spend their time spinning, trying to make $9500 per student not sound like much, the district says otherwise: YISD's PR guys and gals "promote, plan and execute special events. The PR team is a key force behind annual events, such as the Teacher of the Year gala and the back-to-school convocation for employees, as well as numerous other district-wide recognitions and celebrations." Without wanting to sound like the Grinch that stole Christmas, are these events necessary? Do teachers need galas and $5,000 speakers for the first day of school? As many receipts as I've looked through over the years, events such as these all look like money pits to me, money pits that have nothing to do with the teacher in the classroom. Does the PR work? Even with almost a half-billion dollars coming in, superintendent Hector Montenegro appears to be experiencing the same difficulties as two districts back, in San Marcos. Last June the El Paso Times said, "YISD looks to make up $10 million shortfall. If the Ysleta Independent School District wants to meet its budgetary goals for the 2006-07 academic year, it will have to find a way to come up with $10 million. Superintendent Hector Montenegro said that the district is not in a deficit, but that the money must be found if the board wants to increase its reserves to the recommended $40 million." The financial difficulties came to light a few years ago when Montenegro applied for another job: |
| Jennifer Riggs and partner Bill Aleshire, attorneys for Lake Travis ISD parents David and Melissa Lovelace, preparing to leave court Thursday, Oct. 26 after judge threw out Lake Travis ISD's lawsuit against the parents. |
| JENNIFER RIGGS' STATEMENT As open government advocates, we are delighted that the Court decided to dismiss the school district’s claims. To rule otherwise would open the door to the government filing lawsuits against its citizens about any number of other public rights the government claimed were used “too much.” Had the district been devoted to the spirit of the Public Information Act and used the web and other computer resources to make information readily available to parents, taxpayers, and other members of the public, these parents would never have had cause to be so persistent. When government resists being open, thank goodness there are citizens like David and Melissa Lovelace who are willing to take them to task. |
| Eanes ISD |
| Eanes moms Susan Bushart has published a series of "Community Updates" and Dianna Pharr a website, "Keep Eanes Informed." And they both have continued to seek more information and also to be generous community resources for others seeking information. Here's an example of the several attempts Dianna has made to obtain a copy of Eanes' check register: |
| DIANNA'S INITIAL REQUEST From: Dianna Pharr Sent: Wednesday, September 20, 2006 11:07 AM To: OpenRecords Subject: TPIA - check register Please provide, electronically, the check register for 05-06. Please do not include the payroll. Please also provide, electronically, the check register for 04-05. Please do not include the payroll. I am not seeking bank account numbers or social security numbers. If the districts wishes to exempt information that is confidential by law, please let me know so that we can work together to avoid the cost and delay of an OAG opinion request. Thank you, Dianna Pharr |
| "Board trustee Roberto Lerma told the El Paso Times that Montenegro was a candidate, saying the public deserved to know about how Montenegro managed funds while superin- tendent for the school district in San Marcos, Texas, during 1996 to 2001. Trustee Rosa Caballero said, 'I feel the community has the right to know--that if we feel there's a problem, we should let them know.... But how do you do that without disclosing things that were discussed in closed session?' Lerma said that during Montenegro's term, the district's 'rainy day fund' dwindled drastically. The money was used mostly for academic programs and for the rising cost of health insurance." (SOURCE--El Paso Reporter-News) |
| DIANNA'S CLARIFICATION From: Dianna Pharr Sent: 11/1/2006 7:59 AM For the sake of efficiency, please send the 05-06 check register to me electronically. Thank you, Dianna Pharr ATTACHMENT 1 |
| Ramnath Subramanian is a U.S. citizen originally from Kerala, India, a former U.S. Army officer who now teaches at Ysleta ISD. He also runs a free school on the side for children in the community; courses offered recently included: "Study of poetic forms: the villanelle," "Introduction to trigonometry," "Math for lower grades" and "Basic economics/ personal finance." Here's more about Ram and last July's taping incident: |
| EANES' IN-HOUSE ATTORNEY'S RESPONSE From: OpenRecords Sent: Wednesday, November 01, 2006 9:03 AM To: Dianna Pharr Subject: Re: FW: check registers Ms. Pharr, with all due respect I simply don't have time to scan the voluminous documents. A file full of paper documents (about a ream's worth) exist in paper format and are available for your immediate inspection today. Therefore, I am prepared to proceed as we planned earlier this week. If you need to reschedule the meeting for later in the week, that is fine. Bernadette Gonzalez Coordinator, Records and Legal Services Eanes Independent School District OpenRecords@eanes.k12.tx.us |
| LAKE TRAVIS ISD SUPE ROCKY KIRK'S STATEMENT Late last month, Travis County District Judge Suzanne Covington granted the plea to the jurisdiction requested by David and Melissa Lovelace in the lawsuit filed by the Lake Travis Independent School District against the Lovelaces for creating a public nuisance. Since June 2005, the Lovelaces have submitted approximately 2,274 public information requests to the school district. Also, they have made over 70 formal grievances and numerous other informal complaints during that timeframe. Since June 2005, the school district has spent over $700,000, primarily for attorney's fees and lost staff time, responding to the requests and complaints filed by the Lovelaces. Dr. Rocky Kirk, Superintendent of Schools of the Lake Travis ISD, said, "Our school district is disappointed that the Court did not recognize the serious interference that the Lovelaces' actions are causing with the district's ability to educate all of the children in our community. We are proud of our efforts to make information available to all of our constituents, but we continue to believe that the Lovelaces' actions are unreasonable and overly burdensome. No individual should be permitted to misuse resources that are intended to benefit the entire community." The school district will decide later this month if it plans to appeal the court’s decision. |
| The Ysleta Independent School District Board of Trustees on Wednesday heard from several supporters of Ramnath Subramanian--the former Hacienda Heights Elementary School teacher who was reassigned in what he called violations of his freedom of speech. Subramanian attended the meeting and, when called upon to address the board during citizen's input, tore a strip of gray duct tape from a roll he brought with him and placed it over his mouth. He stood by the microphone for the three minutes allowed to speakers, silenced by the tape in a room full of people and district officials. Subramanian maintains that his weekly columns in the El Paso Times, which often criticize district practices and other state policies, are the reason he was moved out of his teaching position at Hacienda Heights. Ysleta officials said the reassignment had nothing to do with his writing for the newspaper. (Ibid.) |
| DIANNA'S FURTHER CLARIFICATION From: Dianna Pharr Sent: Wednesday, November 01, 2006 9:27 AM To: Open Records Subject: check registers Ms. Gonzalez, Sorry you misunderstood ... I am not requesting that you "scan" the check register. Rather, I expect that the very information that you plan to produce in paper form exists electronically on the Eanes ISD computer. Eanes purchased very costly accounting software over a year ago. I expect that the check register that you have in paper is available electronically and can be emailed to me or provided on a CD very easily. This seems like the most efficient and least costly way for me to receive the information and for the district to provide the information. I have attached my original request (below as Attachment 1) specifying that I wish to receive the check registers electronically. I hope this clarifies my request to receive the information electronically. I will see you at 1:30 today to inspect the documents for 04-05 unless those can also be produced electronically. I hope the district will work with me towards the most efficient request and provision of this basic public information. As you know I requested this information many weeks ago on September 20, 2006. I have made every effort to work patiently with the district and will continue to do so. I appreciate your assistance. Thank you, Dianna Pharr |
| Wondering still why Hector Montenegro and his board think it's okay for administrators to dress up in serapes and dance around but it's not okay for teachers to tell the truth. I've been meaning to ask Hector this exact question. He promised to send me the two tapes these photos are from--these pix are from a workshop during the Jan. 31, 2006 TASA Midwinter Conference, from the screen. Then he was going to send them a couple of times later. They still haven't come. Maybe if Ysleta employed 12 PR guys and gals rather than just 11 they'd have arrived by now; on the other hand, it's only been ten months. |
| Just so we're all clear on the concept: Is Rocky Kirk saying that parents filing public records requests are a nuisance but his high school students dressing like this all day at school aren't? Fashion'n'fun trump the First Amendment? |
| Two other points It appears that our same schools that are bending over backwards to preach tolerance could use a good lesson in tolerance themselves. Also, other states would do well to pay attention to these examples from Texas if only as a cautionary tale. With so many other things educational, as goes Texas so goes the nation. Meaning you might be replicating our goofs if you can't learn from ours. Coming soon to a theatre near you. |


| NOTE: Eanes ISD has begun using TASB's BoardBook software, which offers a free "Check Register" feature. |
| Leander ISD |
| The white banner worn by the woman above right in jeans and pink T-shirt reads, "#1 Mom." |

| Leander ISD, just beyond Eanes and Lake Travis ISD's on the outskirts of Austin's suburban fringe, has a new parent group, Leander Kids First, and they're busy filing public records requests; their website http://leanderkidsfirst.net |

| Remember these students photo- graphed a local coffee bar en route for school dressed for "Senior Initiation" on the morning of Friday, October 6, 2006? A bunch of us are still trying to figure out how a supe can allow this disruption but not public records requestors. |
| From their "What we stand for" statement: * Academic robustness as the highest priority * Revitalized science and engineering curricula * Higher college enrollment rates * Term limits for board of trustees * Zero portable classrooms * Student uniforms * Very high transparency of internal operations: all major documents in a web based repository for public access * A clear, published curriculum for each grade * Superintendent evaluations that include parent and faculty inputs * Board members who certify they have no direct or indirect financial interest in the district |
| Pete Isburgh |
| Why would a public school employee such as Lake Travis ISD's supe Rocky Kirk live in a guarded gated community? Does this strike you as being egalitarian, in the spirit of the equity our public schools so often seek, or does it seem elitist? |
How we take back our children's education: one person, one question, one school at a time. |
AASA - American Association of School Administrators ASA - Association of School Administrators CSD - Consolidated School District DOE - Department of Education ES - Elementary School HS - High School ISD - Independent School District JHS - Junior High School MS - Middle School MSM - Mainstream media NSBA - National School Boards Association NSPRA - National School Public Relations Association PS - Public School(s) SBEC - State Board for Educator Certification SD - School District Sup't - Superintendent TAKS - Texas Assessment of Knowledge & Skills TASA - Texas Association of School Administrators TASB - Texas Association of School Boards TASBO - Texas Association of School Business Officials TEA - Texas Education Agency TEKS - Texas Essential Knowledge & Skills USD - UnifiedUnited School District |
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| QUOTES |
Separatists in India's north-eastern state of Manipur have shot six male teachers in the leg for allegedly helping students cheat in exams. Two women teachers were beaten with sticks for the same offence, the rebels of the Kanglei Yana Kan Lup group said. The teachers were abducted from their homes after an exam on Thursday. The rebels said the teachers took up to 5,000 rupees ($110) for helping students cheat and warned of further punishment if the cheating continued. The Kanglei Yana Kan Lup (KYKL) is one of many separatist groups fighting Indian administration in Manipur. It said it abducted the eight teachers from their homes in and around the state capital, Imphal, because of reports they had taken bribes. --By Subir Bhaumik - BBC |
| ATTENTION EDUCATORS AND ADMINISTRATORS: Every attempt possible has been made to verify all sources and information. In the event you feel an error has been made, please contact us immediately. Thank you. |
| Copyright 1999-2006 Peyton Wolcott |

| POP QUIZ: How do you yourself know for a fact that your state or local supe is actually using the funds entrusted to them for the correct purposes? |

My New Book PEYTON WOLCOTT |
| QUERY THE SUPE & THE PR GUY |
| STATUS: No response rec'd from Sup't Gray as of Mar. 27, 2006 |
The question is not how to measure excellence at public schools and education agencies. The question is how to measure competence. -- Dianna Pharr |
| QUERY THE SUPE (& CC THE BOARD) |
| 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 |
| Fallout There are reports that the district has cut back on its attendance at retreats. According to a recent report published by the Nellis's, "Cleburne City Manager Chester Nolen unilaterally banned the Cleburne Eagle News from the Cleburne Public Library. Now the City is saying it never happened. However, we have both the library personnel and Chester Nolen on tape saying it did." And Gentry has received correspon- dence from TEA indicating an investiga- tion of Cleburne ISD is underway. Actual total receipts all funds for CISD during the 2004-05 school year were $82,230,173, with 6,407 students. |

| After reading Eanes ISD's amicus curiae/friend of the court brief filed on behalf of Lake Travis ISD, California attorney Paul Nicholas Boylan said, "I just read the Eanes amicus brief. They are actually trying to equate civil nuisance with the exercise of First Amendment rights. Forgive my French (I just returned from teaching in France, so perhaps that is an adequate excuse) but what a load of horse ____ . It is a civil nuisance if my dog barks late at night and it annoys you. It isn't a civil nuisance if I exercise my constitutional rights--no matter how much it annoys you. If there is a price to pay in order to allow the public to review public records, that is a cost our democracy must allow--whether it is annoying or not. This is what Lake Travis Independent School District doesn't understand, or it does not want to understand: they have an obligation to allow the public to review any public record in the district's possession, no matter how much it annoys them to provide those records. If annoying government officials is an exception to our First Amendment rights, then this exception will easily swallow the right and render it meaningless. I am totally amazed anyone can make those arguments with a straight face and pretend they are reasonable. They should be ashamed of themselves." |