Tag Archives: Peoria Public Schools

District 150 and the Open Meetings Act

District 150 may have violated the Illinois Open Meetings Act when they held their erroneously-titled “meet and greet” (it was more like a “talk and walk” or “read it and beat it”) this past Tuesday.

There’s a two-part test in the Open Meetings Act to determine when a gathering of board members becomes a “meeting” for purposes of the Act. First, there has to be a majority of a quorum. In District 150’s case, that would be three board members. Four board members were in attendance at the gathering in question: Debbie Wolfmeyer, Laura Petelle, Linda Butler, and Martha Ross. That constitutes not only a majority of a quorum, but a majority of the seven-member Board of Education. Second, the gathering has to be “held for the purpose of discussing public business.” It’s on this point that opinions vary.

District 150 officials, Billy Dennis of the Peoria Pundit, and many commenters on my blog insist that this gathering was not for the purpose of discussing public business. The superintendent candidate read a statement and the board members took questions from the press, but they didn’t discuss public business with each other — thus, no violation. Billy Dennis’ recent post indicates that the Attorney General’s office may be siding with District 150 on this matter. He quotes an e-mail he received from district spokesperson Stacey Shangraw where she says:

While we did not believe we were in violation of the Open Meetings Act, a few concerns were raised from external parties regarding our compliance of the OMA at our media event where we introduced Dr. Lathan. To ensure that our interpretation of the Act was accurate, I followed up with the Public Access Counselor.

This is the response I received today from Sarah Kaplan, a law clerk at the AG’s Chicago office, who told me she conferred with Lola Dada-Olley, an attorney in the AG’s Chicago office.

“After reviewing the information you provided us, it does not sound like the press conference (or future press conferences of this nature) violated the OMA….”

The key phrase here is: “After reviewing the information you provided us.” Of course, we don’t know what information was provided. Furthermore, we don’t know much about who’s giving the opinion. Lola Dada-Olley has been with the Attorney General’s office a little over a month, having started in January of this year according to LinkedIn. Can’t find anything on Sarah Kaplan the law clerk. However, the Public Access Counselor for Illinois is Cara Smith, and she’s in Springfield, not Chicago.

Peoria County State’s Attorney Kevin Lyons thinks they did, in fact, violate the Open Meetings Act, according to the Journal Star:

“Violations of this act always involve quirky levels, and this one is no different,” Lyons said in an e-mail response, “. . . the meeting was clearly a public meeting with notification deficits and exclusion problems. The members present were in noncompliance of the act and the (State’s Attorney’s Office) could sanction, charge, or otherwise seek any level of ‘penalty’ or remedy available.” […]

“Even a casual gathering, such as a dinner party or coincidental meeting on the sidewalk, becomes a public meeting if a majority of a quorum of a public body (or a committee, etc. thereof) is present, and discussion occurs regarding business that is before, or is likely to come before, that public body,” Lyons said….

“A public body, no matter how well-intentioned, may not hold a public meeting and define for itself who may and may not attend the meeting. Public means everyone unless they, for cause, have been ejected or barred (disruption, etc.). Posting and distribution of notices for all public meetings are set out in the act and may not be narrowed by the public body.”

Lyons wasn’t relying on information he received from District 150 in writing his opinion, and he apparently thinks what was talked about during the gathering constituted a “discussion” of public business for purposes of the Act.

But whether or not you think they violated the Act, the big question is: Does it matter in this case? After all, the press was there, and nothing was done in secret, so isn’t this much ado about nothing?

And the answer is “yes and no.” If District 150 had built up trust and credibility with the public over a number of years, I’m sure everyone would give them the benefit of the doubt and just say it was an honest mistake. But District 150 hasn’t done that. It wasn’t that long ago that District 150 agreed in closed session to purchase properties on Prospect Road adjacent to Glen Oak Park, and then actually bought the properties, all in clear violation of the Open Meetings Act. They never apologized or admitted any fault. They subsequently approved the purchases in open session, something lawyers call post-action ratification. That did tremendous damage to the public’s trust. Since then, controversial votes based on questionable information (e.g., shortening school days supposedly to improve classroom instruction, closing Woodruff supposedly to save $2.7 million) have further eroded the board’s credibility. So when an apparent violation of the Open Meetings Act occurs now, even if it’s a little thing, it’s a big deal.

The public has every right to suspect that this latest gathering violated the Open Meetings Act, and that the violation was because of either (a) ignorance or (b) wanton disregard. The public wonders, “if they’ll abuse the Act in a little thing like this, what’s to stop them from abusing it in big things when nobody’s looking?”

Finalist arrives to greet press, sees shadow; five more months of interim

Like a shooting star, the finalist for Superintendent of Peoria Public Schools District 150 made a very brief public appearance Tuesday:

At a brief event billed as a “meet and greet” between Peoria School District 150’s finalist for school superintendent and members of the media, Grenita Lathan called on the community to get behind the city’s schools…. Lathan took no questions from the media Tuesday during the event, leaving after reading her minute-and-a-half speech.

That’s right. District 150 invited all the press down for a big “meet and greet,” and it consisted of the finalist coming in, reading a 90-second statement, then quickly leaving the room without taking any questions. No meeting. No greeting. Just reading and running.

*sigh*

You know, I really don’t go looking for negative things to say about District 150. In fact, I’ve been trying to be very positive about this whole superintendent search, and I’m still hopeful that Ms. Lathan will bring some stability and lots of improvement to the district.

But what exactly was the point of this falsely-advertised non-event? To tick off the press corp? To damage trust? To reinforce the culture of stonewalling and non-transparency they’ve worked so hard to establish? What? If all they wanted was to share a short statement and not take questions, why didn’t they just send out a press release and save everyone a bunch of time?

Also of note, citizen journalist Billy Dennis was denied entry to the press conference. From his description, it sounds like they spent more time arguing with him than the superintendent finalist spent reading her statement. I’m guessing this was just an attempt to make sure everyone went away disappointed.

I hope this is not indicative of district communication under a Lathan administration.

Blogging Bits and Pieces

Here are some odds and ends that I just don’t feel like writing a whole post about:

  • It looks like District 150 has just about settled on a new superintendent, and her name is Grenita Lathan. She’s currently the “interim deputy superintendent at California’s San Diego Unified Schools.” Other than that I don’t know much about her, and there’s surprisingly little on Google, Lexis-Nexis, the San Diego Union-Tribune, the Chicago Tribune, or any number of additional sources I checked. Oh, there are some snippets here and there. You can see some interview footage with her here. Commenters on another post have several links to quotes and information they find troublesome. Some have already passed judgment. I’m kind of old-fashioned, though. I like to wait until someone actually screws up before I start criticizing them. From what I’ve heard, the first thing she wants to do is purge the administration of unnecessary and ineffective administrators. I certainly can’t complain about that.
  • John Vespa was not endorsed by the Journal Star to succeed his brother as the 10th Judicial Circuit judge. The reason they give for passing him over is that “Vespa fell below the 65 passing grade” on something called the bar poll “and is ‘not recommended.'” They say the bar poll (where responses are anonymous) is “controversial,” but they evidently believe it. Not surprisingly, the Vespa campaign begs to differ. They report: “To understand the relevance of the bar poll … it is important to look at … the number of people participating. There are 911 lawyers in the Circuit that are eligible to participate in the poll, according to the ARDC website. Of those 911, there were only 152 that registered an opinion. (16.3%) The majority of those 152 felt John met the requirements of the office. Of course John would expect to have some legitimate detractors, particularly given the fact that half of his practice is devoted to criminal defense. In fact, it would be troubling if he did not. (All of his opponents practice for the most part, civil law only).” As the Journal Star would say, “Voters can make of that what they will.”
  • One of my readers recently told me about this site called “How We Drive” — and specifically, this post on “Parking Availability Bias.” Very cool site full of interesting information.
  • The “religious group” that the city is considering to operate the public access channels on Comcast’s cable system is called GPS-TV, and is located in Washington, Illinois. Here’s their website.
  • You can download a transcript (PDF format) of Mayor Ardis’s State of the City address here. Of course, the biggest announcement of the speech was this: “I have spoken at some length with County Board Chairman Tom O’Neill and we are prepared to put together a group that will be charged with exploring the opportunity to move Peoria City?County towards combined municipal government.” It will be interesting to see what recommendations that group makes in the future. Will it just be combining certain functions, or a total UNIGOV proposal?

Savings of Woodruff closing keep getting lower

First, District 150 officials estimated that closing Woodruff High School would save $2.7 million in salary costs plus $800-900k in operating costs. Then, on the night of the vote, the estimate was “$1.5 to $2.7 million.”

This morning on WCBU radio (89.9 FM), it was reported that closing Woodruff High School will save (drum-roll, please): $1.2 million.

District 150 apparently takes the Bullwinkle Moose approach to estimating savings: “Hey, Rocky! Watch me pull a number out of my hat! Nothing up my sleeve. Presto!”

If only someone would have Rocky the Squirrel’s clarity of thought: “But that trick never works!”

School board supports charter school

The item on the agenda was:

APPROVAL OF THE PEORIA CHARTER SCHOOL INITIATIVE
Proposed Action: That the charter school proposal submitted by Peoria Charter School Initiative dated October 1, 2009 and amended on December 23, 2009 is approved, subject to the negotiation of the terms of a contract between the Board of Education and Peoria Charter School Initiative as required by the Illinois School Code.

And it passed 6-1, which is no surprise. The only dissenting vote was Laura Petelle.

Journal Star makes case against charter school, then endorses it

You’ve got to love the Journal Star Editorial Board. Only they could make a cogent case against something, then endorse it, defying all reason. That they would endorse the proposed charter school was a foregone conclusion. One is hard-pressed to think of any project supported by Caterpillar and/or the Chamber of Commerce that they’ve opposed.

After seven paragraphs outlining all the problems with charter schools (most don’t live up to their hype, the district is broke, private funding is unlikely to be sustained, etc.), they take all of two paragraphs to say, basically, “oh, hang the problems, let’s do it anyway!”

Nonetheless, we’re inclined to support this charter school, if not as enthusiastically as some would like. First, the investment is relatively small on a $140 million-plus budget. Second, this is an experiment worth trying, to see if charter school proponents can accomplish more for less cost-per-pupil, as they claim. Third, while some have noted the contradiction in opening a new school just after closing others, arguably this isn’t just a new building but a different approach.

Ultimately, we just can’t discount the frustration of parents who want to stay in the city but not at the expense of their kids’ future success. In many ways Peoria lives or dies on District 150. The locals have lost faith. Something must be done.

A relatively small investment? District 150 ended its last fiscal year $8.9 million in the red. $6.5 million of that deficit came from the education fund. With overspending that serious, the district should be looking at more cuts, not new expenditures. And make no mistake: the charter school is a new expenditure. Even ardent charter school proponents admit that the first few years will end up costing the school district until the district can consolidate and close another middle school.

Forgotten, it seems, is the fact that the charter school is not only a middle school. It’s planned to be a high school also. When it’s fully functional, it would serve grades 5 through 12. It would start in year one with grades 5 through 7, then add one grade each year. When the high school grades are added, how will the district recoup the federal and state money they lose? Close another high school? If so, that should be planned now, not reacted to later.

But reaction is District 150’s M.O., and charter school proponents know it. So they’re putting tremendous pressure on the school board to make another all-too-common hasty decision, before the board can fully consider the ramifications. They’ve contrived a crisis: “The Caterpillar grant is contingent on the District 150 Board of Education awarding the charter for the 2010-2011 school year at its first meeting in January.” Peoria’s mayor has met with the Secretary of Education, and now dangles the carrot of federal “Race to the Top” money for districts who have established charter schools. Ominously, this money is not guaranteed. A media blitz has touted the messianic nature of charter schools and implored citizens to demand one from the school board. No doubt many citizens, believing the ads implicitly, have complied — the same way they complied with requests from the same group to raise their own sales taxes one quarter of a percent during a recession.

There are good reasons the charter school proponents would want this decided now, and not next year. First, there’s the fact that property tax bills have not come out yet. After the electorate suffers the shock of seeing this year’s property taxes spike due to District 150’s seven-percent increase, they might not be as eager to demand the district spend money it doesn’t have. Second, a new, permanent superintendent will be hired by next year, and who knows what he or she may think of the charter school initiative?

Don’t get me wrong. I believe that charter school proponents have the best of intentions. I believe they want to see the school district improved and children better educated, and I believe they think this is the best way to do it. But good intentions don’t make their plan wise or their tactics justifiable, nor does popular support make their plan more affordable.

In the end, the school board needs to make a prudent decision based on cold, hard facts and harsh, fiscal realities. The district can’t afford another impulsive decision based on flimsy reasoning like that of the Journal Star’s editorial board.

D150, union at impasse (UPDATED)

I haven’t been able to get a copy of the press release yet, but I have it on good authority that District 150 has declared an impasse in their negotiations with the Peoria Federation of Teachers and plans to implement changes to the teachers’ contract beginning December 18. More details to follow.

UPDATE: The Journal Star has their article up now. Of note, the union is not threatening to strike yet, but it remains a possibility. Also, this:

Both sides also possess dissenting views on several core items, including salary, class size, tuition reimbursement and a longer school day, according to a statement issued Thursday by the school district. […]

On Dec. 18, the last day of school before the holiday break, the district plans to implement its proposal that includes no pay cuts but salary freezes, would limit reimbursement to teachers for taking additional college courses as well as which courses they could take, and essentially gives the district the ability to determine how many teachers they would employ.

I see the school district is back on the “longer school day is better” bandwagon. Huh. It was only last year that the district argued for shorter school days. Does that mean they’re admitting they were wrong to reduce the school day last year? It looks that way to me.

Dr. Fischer: D150 is big ship, hard to reform

Dr. Cindy Fischer spoke at the Uplands Residential Association meeting Thursday night, November 12. She had been invited by Uplands resident Jennifer Brady to talk about the Peoria Charter School Initiative. Her presentation was similar to the one given at the Civic Center, except that there were no representatives of the Chicago Math and Science Academy (CMSA) in attendance.

According to Dr. Fischer’s presentation, the charter school as proposed would have roughly the same demographics as the rest of District 150. Their plan is to recruit students from all parts of District 150, including the most impoverished areas. They’re committed to maintaining diversity. This was interesting to me because the district has long maintained that poverty is a root cause of low achievement. So I wondered why, given the same demographic makeup, the charter school promised to deliver such high performance. Dr. Fischer explained that the charter school would get better results because of the “best practices” that would be implemented and various other components of their program, such as a longer school day, higher teacher accountability, etc.

That all sounds great, but why isn’t District 150 doing that already? Dr. Fischer is not an outsider to District 150. She was in central administration. In fact, she was an Associate Superintendent. She was in a position of major influence. So, why didn’t she implement these “best practices” and other components when she was there? Are the practices only legal for charter schools to implement? Was she unable to enact changes because of resistance from others? Or did she only learn about these practices after retiring from the district?

I asked her those questions Thursday night. She explained that, in her position as Associate Superintendent, she wasn’t over curriculum and instruction for middle and high schools. She was over “everything else” — things like early childhood education, safety, etc. So she in fact wasn’t in a position to implement the kinds of reforms being discussed.

She also said that when she first came to the central administration building, she was ready to go in and make changes, but found that it wasn’t as easy as she thought it would be to make reforms. She said District 150 is “like a big ship,” and “before you can turn a big ship, you have to slow it down.” In keeping with that metaphor, she explained that she spent most of her time just trying to “slow down the ship” so reforms could be made.

Finally, Dr. Fischer explained that the proposed “best practices” are easier to implement in a charter school because you are “starting from scratch.” Since you’re building a new school from the ground up, you don’t have to change an existing culture. You can establish the kind of learning and working culture you want from the outset.

I have to say, Dr. Fischer was a very impressive speaker. My question didn’t rattle her at all. She didn’t sound or appear defensive in answering it, but spoke as professionally and engagingly as she had the rest of the evening. She also expertly avoided saying anything negative about District 150 teachers, union, administrative staff, etc., even as she spoke about the district’s low achievement scores. The board of directors made an excellent decision in appointing her the public face of the Peoria Charter School Initiative.

Questions surround D150 handling of Davis leave

Diane Vespa has a post up on her blog detailing what appears to be a clear violation of District 150 policy regarding paid administrative leave.

Board policy 5:240 states that a “professional employee” can be suspended with pay “during an investigation into allegations of disobedience or misconduct,” but, “no suspension with pay shall exceed 10 school or working days in length.” Mary Davis was put on paid administrative leave September 9 while police continue to investigate allegations of misappropriation/theft of funds. Diane was told by D150 spokesperson Stacey Shangraw that Mary Davis is still on paid administrative leave, obviously well past the 10-day limit outlined in the board policy, and “will remain on the payroll until the outcome of an investigation by the States Attorney’s office.”

According to section 2:10, “The Board’s powers and duties include the authority to adopt, enforce and monitor [emphasis added] all policies for the management and governance of the District’s schools.” So why aren’t they doing it? Are they unaware of their own policies (lack of monitoring)? Or are they just giving Mary Davis special treatment (lack of enforcement)?

They certainly follow the letter of the law when the public gets up to speak at board meetings. They have a little timer and don’t mind cutting you off mid-sentence to make sure you don’t go overtime. And they don’t show any favoritism — they made no exception to the policy for former third district councilman Bob Manning when he tried to extend his time. It would be nice if they’d show the same fastidiousness when it comes to spending taxpayer money.

Durflinger approved as interim superintendent

As my sources indicated last week, Norm Durflinger was approved as interim Superintendent starting December 1, when current Superintendent Ken Hinton retires. Additionally, Durflinger was hired as a part-time Deputy Superintendent between October 19 and December 1. This addition prompted a “no” vote from Board of Education member Laura Petelle.

I agree. Hinton is still supposed to be on the job until December, and if he’s going to take his remaining vacation or sick time between now and then, we also have an Associate Superintendent (Hershel Hannah) on the payroll. Why the need to hire Durflinger as a Deputy Superintendent during this time? How many Superintendents does one district need?