School Board Members Vote Down Opportunity for More Transparency

When it comes to transparency within our school system, actions speak louder than words. At last month’s school board meeting, board members had the opportunity to approve a policy change that would allow for a monthly pre-agenda meeting, but it was voted down.

A pre-agenda meeting and the associated discussion would bring additional transparency to actions being considered by the board. It would also help to not only open lines of communication between the Board and the public, but between fellow board members as well. Unfortunately  four board members voted against the policy change: Chairman Don Hayes, Ed Higgins, Janice Cavenaugh, & Jeanette Nichols.

On Monday, school board member Bruce Shell sent an email to fellow Board members advocating for the pre-agenda meeting. In a reply to Shells email, fellow board member Tammy Covil commented that she was profoundly disappointed the measure had not passed.

In his email, Shell listed the following benefits for our school system to have a pre-agenda meeting:   

• Provide elevated communication among board members as well as staff.  Individual board members benefit from the questions and comments of other board members.  Senior board members have the opportunity to share knowledge with the rest of the board and consider fresh perspective from newer board members.
• Give staff opportunity to educate board members more fully on a particular topic which ultimately enhances relations between staff and Board.  Often times there are merits to an issue that are not obvious that staff can provide for a more complete understanding prior to a vote.
• Media, staff, other elected officials benefit by questions and answers.  Since no vote is taken, the focus is on understanding the issues.  The pros, cons, and unintended consequences of a positive or negative vote are more fully known. I am sure you all have taken votes in the past that more information may have been beneficial in hindsight.
• Media benefits by this discussion and is in a better position to educate the public via coverage.  While Valita and Heather do an excellent job of public relations, I believe we can do a better job of educating our public.  County Commissioners for example make funding decisions based on their understanding of School accomplishments, needs, and future impacts.
• Clarify board questions that staff may not have anticipated.  Pre agenda unanswered questions can be researched and provided at the regularly scheduled Tuesday evening meeting.
• Can foster opportunities for the public to converse with board members prior to a vote.  While that can also be a challenge it is a transparency issue with the public we serve.
• Can also have some risk.  It could entice the board to approve of disapprove an item without Tuesday discussion for efficiency sake.  That was a concern that Jeannette had.  While that is a risk, our desire to keep the public informed should undoubtedly override that challenge simply by discussion to clarify the intent of the agenda item and communication of relevant information.

The media should ask board members why they voted against this policy. We hear these same board members say they want transparency, but when given the opportunity to vote for just that, they vote against it.

Bruce Shell has it right. A pre-agenda meeting should be standard policy. We need more transparency in our school system, not less.

Lack of Contract Oversight Endangers Students Health

New Hanover County School Contract 218-17-15 is for Athletic Field Weed and Pest Control Maintenance. Contract specification 2.3 requires the use of an enclosed boom sprayer. The contract states "Liquid herbicides and insecticide shall be applied using a sprayer with enclosed boom." According to the contract, the use of an enclosed boom sprayer is not an option, it's mandatory.  

The school systems specification was updated this past year when experts from North Carolina State University recommended adding the enclosed boom sprayer to the school systems specification. Enclosed boom sprayers are used to minimize the release of hazardous chemicals into the environment and limit human exposure (including operators and bystanders) to those chemicals.

School documents and witness accounts indicate the contractor is not using the required equipment. A lack of proper oversight and failure to enforce contract requirements is putting the health of students and school employees at risk.

While the use of the enclosed boom sprayer is mandatory, school documents show that during the bidding process the contractor  that was awarded the bid did not list owning the required equipment. 

At a meeting on January 20th, months after the contract was signed, it was again brought to the attention of school officials that the vendor awarded the contracts did not list owning the crucial piece of equipment. School officials present at the meeting were Dr. Tim Markley Superintendent, Board Chairman Don Hayes, General Counsel Wayne Bullard, and Bill Hance Assistant Superintendent for Planning and Operations. It does not appear officials took any actions after the meeting to ensure contract requirements were being met.  

According to witness accounts, the contractor Trugreen Landcare was at Laney in March applying chemicals to the field by hand sprayer method rather than the specified enclosed boom sprayer. This picture confirms that account and shows Trugreen at Laney High Schools hand spraying chemicals on one of the fields. This would be a violation of contract 218-17-15.

The potential health risk for students from the lack of oversight creates a significant liability for the school system. With the given information, a parent or employee could easily make a case for negligence against the school system.  Cornell University defines negligence as "A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.....Negligent conduct may consist of either an act, or an omission to act when there is a duty to do so."

Once again we find top level officials being notified of very serious issues, and no action being taken.  This time the health of students is being put at risk, but will anything be done? Not likely....it will be ignored by all involved and swept under the rug like everything else. Is anyone paying attention here?

School Officials Sign Contract Knowing Services Will Not Be Provided

New Hanover County School Contract 218-16-15 is a contract for Athletic Field Maintenance Services. In Contract 218-16-15, specification 2.1 requires the use of a reel mower, a costly piece of equipment. Before the contract was ever signed, an email from New Hanover County School General Council Wayne Bullard waived the specification for the reel mower, yet it is still listed as a requirement in the contract.  Bullard himself signed the contract which requires the use of the reel mower even though it was his own email that acknowledged the contractor would not be providing the service per the schools' specification.

Unfortunately this isn't an isolated incident. Contract 218-16-15 specification 2.6 also mandates the use of a heave action aerator. Specification 2.3 of Contract 218-17-15  for Athletic Field Weed and Pest Control Maintenance requires the use of an enclosed boom sprayer. According to school documents, the vendor awarded the two contracts does not list owning either piece of equipment. 

 What do you call it when government officials sign contracts, which are legal documents, for services they know are not being provided? Another question everyone should be asking is "What are we the taxpayers really paying for?" The sad answer is, we have no idea. New Hanover County taxpayers are not getting the services listed in contracts. We are not getting the services we are paying for. 

In the business world, if a company found its employees were handling contracts like this administration, they'd likely be fired, if not prosecuted. The fact is, employees in this administration are not doing their jobs. The Board of Education should demand to know who these employees are and hold them accountable.

Preliminary Ashley AdvanceEd Survey Results are Not Good

According to sources, there was a meeting at Ashley High School late Thursday afternoon. The AdvancED survey results were reviewed by the staff at Ashley High School, and the preliminary results were not good. 

According to a source at Ashley, who's asked to remain anonymous for fear of retaliation by leadership, the AdvanceED survey results were terrible for Ashley. The state average was 3 on a scale of 1 to 4, and Ashley's came in at about 2.2. The source reported the atmosphere at the review with the teachers was very somber and Principal Jackson Norvell appeared nervous as preliminary results were revealed. New teachers at Ashley, who may not have been as familiar with Principal Norvells controversial start at the school, seemed especially caught off guard by the results.

 

The final written report should be delivered to Ashley High School within one to two weeks and we will continue to push the school administration to get a complete unedited copy of the results. Continue to check back here for the whole story on what is going at Ashley. 

Ashley Teacher Working Conditions Plummet under Principal Norvell; Worst in the County

Ashley High School and it's Principal Jackson Norvell are sure to be back in the news in coming weeks. Ashley made headlines as teacher surveys showed working conditions at the school had deteriorated rapidly under it's new leadership. A number of new surveys are underway. Parents and teachers alike are already expressing concerns over how those surveys are being handled. But before we get to what's coming up, let's take a quick look back at how bad thing had gotten under Norvell's leadership. 

Media reports told of severe problems with the change of leadership at Ashley High School. A review of all New Hanover County schools finds that Ashley teachers rank their new leadership the worst in the county by a significant margin. 

A 2014 North Carolina Teachers Working Conditions Survey showed that under Norvell working conditions at the school had plummeted. In emails to WWAY  teachers wrote "It has been the worst year at Ashley ever this year. Our principal is a bully and is retaliatory," Another described the school under Jackson's leadership as "A scary place to work."  In a report at Fox Wilmington, Ashley teachers said Principal Norvell has consistently punished those who spoke up in the school and that teachers are in fear for their jobs. 

Results from the survey only reinforced teachers concerns expressed in media reports. Below are some of the actual results from the survey.

-School administrators consistently enforce rules for student conduct

                Dropped from 66%  to 16.9%

-School administrators support teachers’ efforts to maintain discipline in the classroom

                Dropped 72.0% to 36.6%

-Teachers are recognized as educational experts.

                Dropped from 84.3% to 39.1%

-Teachers are trusted to make sound professional decisions about instruction.

                Dropped from 75.0% to 44.3%

-Teachers are relied upon to make decisions about educational issues.

                Dropped from 75.0% to 34.8%

-Teachers have an appropriate level of influence on decision making in this school.

                Dropped from 62.0% to 17.1%

-The faculty and staff have a shared vision.

                Dropped from 73.5% to 29.4%

               

-There is an atmosphere of trust and mutual respect in this school.

                Dropped from 59.2% to 18.8%

-Teachers feel comfortable raising issues and concerns that are important to them.

                Dropped 68.6% to 20.0%

-The school leadership consistently supports teachers.

                Dropped from 72.3% to 26.9%

-Teacher performance is assessed objectively.

                Dropped from 73.5% to 46.3%

-The school leadership makes a sustained effort to address teacher concerns about 

  leadership issues.

                Dropped from 68.7% to 27.4%

There are a lot of unanswered questions and concerns about at least one of the upcoming surveys. We will address those issues in future reports.

A complete copy of the 2014 survey can be found here: 

 Ashley High School North Carolina Teachers Working Conditions Survey 2012 to 2014 Comparison

Public Record Request Incomplete After 7 months

A public records request submitted to the New Hanover County Public Schools remains incomplete after 7 months.  The school system’s attorney, Wayne Bullard, whose email is now at the center of the controversy, is also in charge of completing the associated public records request.

A public records request was submitted by Dejeweski Landscaping September 11, 2014 after concerns arose regarding bidding irregularities for a contract with New Hanover County Schools. When partial information was released, an email from New Hanover County Schools General Counsel Wayne Bullard was discovered that confirmed Dejewski’s concerns had merit. The email from Bullard revealed part of the contracts specification was waived for the other bidder and that bidder was then awarded the contract.

Dejewski’s public records request, which was very specific in nature, has remained unfinished. At a special New Hanover County School meeting on January 20^th, 2015, Bullard was again asked when the public records request would be complete. Bullard’s response was “Within a reasonable time.”

North Carolina General Statute 132 requires government entities to provide copies of public records “as promptly as possible,” but stops short of giving a specific time frame for completion. Without a court order compelling Bullard to complete the public records request, Bullard can withhold the balance of related documents indefinitely.

There is no acceptable reason for Dejewski's records request not to have been fulfilled after 7 months. This is just another very alarming situation involving the leadership of our school system that is being swept under the rug. The Board of Education, along Superintendent Tim Markley, should compel General Council Bullard to complete the records request immediately. If  Bullard refuses to do so, another administrator should be appointed to complete the task.

The General Council's actions are a direct reflection on the leadership of our school system. With that in mind, the Board of Education should 1) Demand Bullard explain why the request has not been fulfilled after 7 months and 2) Ask to see any evidence of what Bullard has done to complete the request since the meeting on January 20th when he himself acknowledged the request was not complete.

Click here to listen to a heated discussion on this issue which includes General Counsel Wayne Bullard and Superintendent Dr Tim Markley. The discussion begins at the 4-1/2 minute mark. 

See public records request here

Superintendent's Political Activities Violate School Policy

New Hanover County School Policy 6422 on Political Activity states “School system employees shall not.....use school system equipment, supplies, mail service or other modes of communication for political affairs.”

In an article published at districtadministration.com, New Hanover County School Superintendent Dr. Tim Markley explains how he used school resources to campaign and push for the passage of the local school bond. The article, which is written by Markley, seems to be self incriminating. In the article, Markley says he used school staff and resources, including the schools parent-contact phone system and confidential email lists, to campaign and push for the passage of the bond. 

NHCS policy clearly states school system equipment, supplies, mail service or other modes of communication shall not be used for political affairs. Superintendent Markley's use of the school systems email list and parent-contact phone system for political affairs, to promote passage of the school bond, are a violation of NHCS Policy 6422.

Read the complete article at districtadministration.com here:

http://www.districtadministration.com/article/passing-school-bond-era-social-media

Superintendent Explains How He Skirted State Election Laws to Promote School Bond

North Carolina General Statute 115C-46.1 states "A local board of education shall not use public funds to endorse or oppose a referendum..."  In an article published at districtadministration.com, New Hanover County School Superintendent Dr. Tim Markley explains how he used school resources to campaign and push for the passage of the local school bond, which appears to be contrary to state law.  

The article, which is written by Markley, seems to be self incriminating. Markley writes "my staff and I were prohibited from actively campaigning for the bond." The irony is, Markley spends the rest of the article readily admitting how he used school staff and resources, including the schools parent-contact phone system and confidential email lists, to campaign and push for the passage of the school bond. He actually refers to it as a "marketing campaign" and concludes by stating the "campaign was an overwhelming victory for the district." 

Markley says that his biggest push to promote the bond was using the schools' parent contact phone system the night before the election. To get around state law, Markley is careful to point out "We never included the word “vote” in any of these approaches." Contrary to Markleys claim, the election eve call did include the word "vote."  A recording of the call can be heard here. 
 

Markley himself states he was prohibited from campaigning for the bond, then goes on to explain how he used schools resources to campaign and promote passage of the bond. Many agree the superintendents use of school resources to push for passage of the school bond violated NCGS 115c-46.1 
 

Read the complete article at districtadministration.com here:

http://www.districtadministration.com/article/passing-school-bond-era-social-media

A teacher's confession: Why I quit

Our school system is collapsing under the weight of a bureaucracy that is expanding at a staggering rate and we are losing great teachers every day.  A teacher speaks out and tells why she and so many others are leaving the profession..... 

This a re post of a USA Today story.

A teacher's confession: Why I quit
Recently, I had to make a tough but necessary decision. As I entered my 23rd year of teaching in North Carolina in traditional public schools as well as a charter school I realized that teaching was not the job I had signed up for.

I want to offer that along with my NC certification for grades K-6 as well as reading grades K-12, I also hold my National Board Certification in literacy as a way to help readers understand I had put my heart and soul into the profession. I was not just sitting stagnant waiting for retirement time.

I did what some think unspeakable.

Yes, I quit half way through this school year to take a job in another field. So, I am a teacher who quit. Quitting and entering another profession was not a decision I took lightly. It took a lot of soul searching, prayer, a pay cut and graduate school. I want to clarify why I quit.....

Read the complete story here:
http://www.usatoday.com/story/opinion/contributors/2015/04/03/teachers-confession-quit/25237327/

North Carolina General Statute 115C-274 Removal of Superintendent

§ 115C-274. Removal. 

(a) Local boards of education are authorized to remove a superintendent who is guilty of immoral or disreputable conduct or who shall fail or refuse to perform the duties required of him by law. In case the State Board of Education has sufficient evidence at any time that any superintendent of schools is not capable of discharging, or is not discharging, the duties of his office as required by law or is guilty of immoral or disreputable conduct, the State Board of Education shall report this matter to the board of education employing said superintendent of schools. It shall then be the duty of that board of education to hear the evidence in the case and, if after careful investigation it shall find the charges true, it shall declare the office vacant at once and proceed to elect a successor: Provided, that such superintendent shall have the right to try his title to office in the courts of the State. 

(b) If the superintendent shall fail in the duties enumerated in G.S. 115C-276(g), 115C-276(h), 115C-276(i), or any other duties as may be assigned him, he shall be subject, after notice, to an investigation by the State Board of Education or by his board of education for failure to perform his duties. For persistent failure to perform these duties, the State Board of Education may revoke the superintendent's certificate and the superintendent may be dismissed by his board of education.

(c) The identification by the State Board of Education of more than half the schools in a local school administrative unit as low-performing under G.S. 115C-105.37 is evidence that the superintendent is unable to fulfill the duties of the office, and the State Board may appoint an interim superintendent to carry out the duties of the superintendent under G.S. 115C-105.39, may revoke the superintendent's certificate under this section, may dismiss the superintendent under G.S. 115C-105.39, or may take any combination of these actions. (1955, c. 1372, art. 5, s. 25; art. 6, s. 4; 1981, c. 423, s. 1; 1995 (Reg. Sess., 1996), c. 716, s. 6.)


http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_115C/GS_115C-274.pdf

School Board Chairmans Election Eve Call Violates School Policy

New Hanover County School Policy 6422 on Political Activity states “School system employees shall not.....use school system equipment, supplies, mail service or other modes of communication for political affairs.” In spite of that policy, Superintendent Dr Tim Markley and School Board Chairman Don Hayes decided it would be a good idea to have Hayes narrate an election eve phone call supporting the school bond. The call used the schools' parent contact phone  system and phone number database.  Hayes, who was on the ballot the next day, promptly introduces himself at the beginning of the call and encourages people to vote. 

Chris Meeks, who was a candidate for the school board along with Hayes commented, "I was rather surprised they used the Chairman of the Board of Education who is up for reelection to complete the call." He goes on to say "the fact he was a candidate for office created an appearance of impropriety. It is common practice for competent leaders to avoid such circumstances."

According to the schools public relations staff, the call could have been narrated by any of a number of senior staff officials. If the intent was simply to promote the bond, another senior staff member should have narrated the call.

Those who are familiar with the relationship between Hayes and Markely argue the call served as little more than a very targeted political promotion for Hayes who was on the ballot the next day in a tightly contested reelection bid.

The school policy is very clear, School system equipment is not to be used for political affairs, and it was anyway. School resources were not only used to push the bond, but to promote School Board Chairman Don Hayes who was up for reelection. Yet again we see another very serious violation of school policy by senior leadership with no consequences.

It should be noted Hayes' call did not have the approval of Board of Education. 

State Law Requires Board of Education to Remove Superintendent from Office

Superintendent Dr. Tim Markley’s affair with his subordinate and the associated questionable salary raises were confirmed by media reports. What stunned most everyone was that Markley was somehow allowed to keep his job. According to North Carolina law, Markley should have been, and still should be, removed from office.

NorthCarolina General Statute 115C-274 is on the removal of superintendents and addresses the issue very specifically. It states “Local boards of education are authorized to remove a superintendent who is guilty of immoral or disreputable conduct…” and goes on to say “It shall then be the duty of that board of education to hear the evidence in the case and, if after careful investigation it shall find the charges true, it shall declare the office vacant….”

New Hanover County School Policy 1240, Code of Ethics For Board of Education Members, requires board members to "Obey all applicable state and federal laws regarding official actions taken as a Board."

The word "Shall" when used in laws is used to express what is mandatory. The law is very clear and states the board of education “shall declare the office vacant” for immoral or disreputable conduct. For the New Hanover County Board of Education, removing Markley from office is not an option according to the law, it is mandatory.