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Did Pencader's Football Coach Lie About QB's Stats?

The News Journal today is reporting that the Pencader Football Coach is inflating his Quarterback's stats:  http://www.delawareonline.com/apps/pbcs.dll/article?AID=2012309300060&nclick_check=1

When will the deception stop?  Another stinging blow to Pencader's reputation.  Note: Coach Harrison-Dixon is also listed at an administrator at Pencader.  Whatever happened to integrity?  Who will set the examply for the our students? 

Thanks to NJ for being so diligent as to actually get the tape and watch it themselves.

WE ARE HUNGRY! Students Rebuff Michele Obama's Healthy, Hungry-Free Kids Act of 2010

Under the new school lunch guidelines, high school lunches cannot exceed 850 calories.  Secondary students are now fighting back against these school lunch size reducations with a HHFA 2010 video parody.

Commentary by The Young Turks, full video parody follows in second video.




"Michelle Obama's childhood obesity initiative has been the subject of conservative criticism for some time, and now there's another group joining in on the attack. In a four-minute YouTube video called "We Are Hungry," a troop of Kansas high schoolers take on the restrictions mandated by the Healthy, Hunger-Free Kids Act of 2010, which limits the calorie count of school lunches to 850. The policy, which was intended to not only wipe out hunger and malnutrition among American students but to encourage healthy eating, also calls for more fruit and vegetables and fewer sweet and fatty foods...".* Cenk Uygur, John Iadarola (host of TYT University and Common Room), and Kimani David (TYT Community Ambassador) break it down on The Young Turks.

Full Parody:

Published on Sep 17, 2012 by
A parody on the national school lunch policy mandated by The Healthy, Hunger-Free Kids Act of 2010 which humorously shows the results of the limitations in carbohydrates and proteins.

No copyright infringement of original song "We Are Young" by Fun. was intended.

To help repeal the new guidelines, please visit
https://www.facebook.com/NutritionNannies

http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.kake.com%2Fhome%2Fheadlines%...

To make your voice heard contact:
Undersecretary of Food & Nutrition Services
Kevin Concannon
1400 Independence Ave., SW
Washington, D.C. 20250
or
Secretary of Agriculture
Tom Vilsack
1400 Independence Ave., SW
Washington, D.C. 20250

Lyrics:
Give me some seconds
I, I need to get some food today
My friends are at the corner store
Getting junk so they don't waste away
My lover ate her 2 grams of meat
Just about to starve
My bread was taken by some school bully
Askin' bout s'more
And i know i gave up on food months ago
I know i'm trying to forget it
But between the milk and feta cheese
The pains in my tummy sing
You know I'm trying hard to find
nourishment

So by the time you go to practice
And you feel like falling down
I'll carry you home

Tonight
We are hungry.
Set the policy on fire
It can burn brighter
Than the sun

Tonight
We are hungry
Set the policy on fire
It can burn brighter
Than the sun

Now i know that this is not
All that you got.
I guess that I,
I just thought maybe we could find a
way not to starve today
But our friends are back
They are filled right up
Cause they found somewhere to find lots of food

Tonight
We are hungry
Set the policy on fire
It can burn brighter
Than the sun

Tonight
We are hungry
Set the policy on fire
It can burn brighter
Than the sun

Crawling home tonight
Just crawling home tonight
Crawling home tonight
Just crawling home tonight;

The cooks are on my side
But I have no energy to run
So will someone come and carry me home tonight
No nourishment arrived
But i can taste mom's meal
So will someone come and carry me home

Tonight
We are hungry
Set the policy on fire
It can burn brighter
Than the sun

Tonight
We are hungry
Set the policy on fire
It can burn brighter
Than the sun

So if by the time that it's all over
And you feel like falling down
I'll carry you home tonight

Did Pencader Violate FOIA Again?

Reports coming out of last night's Pencader board meeting indicate that board member, Steve Quimby, a teacher rep, resigned his board position and was subsequently appointed Interim School Leader. 

This action was not noticed on the Agenda for the September 27, 2012 meeting, nor was the agenda ammended prior to the meeting to provide notice to the public that the board would be voting on a new or interim school leader.

Was the inadequate posting another communication failure or was this an intentional move to deny the public access to important school business? Will the motion even show up in the minutes - given the board admission to the AG that they failed to keep adequate minutes of previous meetings?

The board also accepted two resignations last night - Quimby and Dr. Jones, bringing the membership count to five.  With five, three makes a quorum.  Wonder if those frequent gatherings at the local bar will come to an end now? 

Also, noteworthy, DOE's John Carwell was absent from the meeting.  Charter Junket to Texas, maybe?

Pencader Not-Rumor - 2011-12 DPAS-II Teacher Evaluations Were Non-Compliant

Sometimes bloggers deal in rumors - sometimes we deal in fact. 

Fact:  Pencader was notified in Spring that is was non-compliant in the utilization of DPAS-II, the states mandated teacher evaluation system.  No digs on teachers, this was a failure of administration.

At the heart of the issue - the administration scheduled a meeting with the DPAS-II Department of Education Team to occur over spring break 2012.  When the team arrived at Pencader, the school was closed.  The Team scheduled a second meeting and arrived at the school to find the school leader off-campus and unavailable.  Key staff members were unaware of the scheduled visit and were unable to provide necessary documentation. The administration then missed a reporting deadline with DOE on March 3rd.

Following these three strikes, the DOE notified the School Leader of it's status of non-compliance.  In another email regarding the concerns, the school leaders writes: 

"I wanted to let you know that we are in compliance and after our response to the State, we fully expect a letter stating so."
 
 
Early this week, I emailed the PIO officer for DOE, Alison Kepner, to request a status update on this concern.  Today, I was notified that the DPAS-II issue with the school "has not been resolved" and the department "will be scheduling Pencader for a fall edition of DPAS-II Monitoring in November to follow-up."
 
Guess the letter, like the March 3rd report, got lost in the mail?
 
Pencader has some excellent teachers who have executed exceptional performance driving academic achievement, all in good faith. All the while, unbeknownst to many of them, these teachers been used as pawns, manipulated in a game of emotional warfare meant to protect the now dismissed school leader. To point - last month, school's auditors informed the board that six Pencader staff members were paid over/under scale. My question - Who was paid under so that someone else could be paid over? Who authorized it? And then, further, has Pencader's Board authorized the raise and potential back pay due to their hard-working, self-sacrificing teachers. If Pencader's charter states that its teacher's will earn 90% of Christina School District's Scale, (and it does), then the PCHS teachers are due a raise and retroactive pay as CSD finally resolved its union negotiations last school year and brought its teachers' local share to scale.
 
We've heard the cries of parents and the frustration of students.  We've seen the support of vendors for the school leader reported by the News Journal last June.  We've witnessed a minor uproar of athletic parents when their students were told there would be no football if the school leader was discharged. The state-wide education community looks at Pencader with little respect. And that DOE and SBE have even offered their opinion - Formal Review.
 
Where are Pencader's teachers?  Why are their voices so silent?  Do they realize that they have been victimized?  Do they even know their DPAS-II evaluations were non-compliant.  What does that non-compliance mean?  Probably very little.  But, in a day when teachers are sweating Componant V and the influence of student testing data on their ultimate evaluation, school leadership has every obligation to make sure DPAS-II evals are performed with fidelity.  Someday, their pay or even their jobs may depend on it!
 

Pencader Rumor of the Day:

Rumors swirl.  And don't expect them to stop any time soon.  Some of them are too incredulous to believe.  Others are too crazy to ignore...

So, I am stumped by this one and I want to open it up to readership to debate:

Pencader Board plans to hire from within to fill its open school leader position. 
 
1.  Should a school board on FR be permitted to hire the next school leader while on FR?
2.  Should a school on FR with such obvious deep internal issues hire from within?
3.  Is it in Pencader's best interest to hire from within?
4. Should a school board whose legality is in question be permitted to continue to operate or make hiring decisions?
 
 

Now, I want to be fair - CSD had a history of hiring from out-of-state.  I was one member of a board of seven that recently hired a new superintendent from within our district.  I couldn't be prouder of my district for moving quickly, foregoing the nationwide search, and finding talent from within the district.

I can only suggest that as far Pencader goes, the meeting's agenda has been posted and not ammended.  There is no public discussion of the school leader position on the agenda, nor is there any discussion of the school's formal review listed.  For the record, there is also no line item addressing the recent FOIA finding that demands the school correct and post its past minutes online.

Further, parents report not having received a formal notification of the previous school leader's departure, nor has anyone been able to produce a public posting of the now-open position. 

I wonder who's on the other end of that speed dial?

Did DCPA deny students FAPE?



Did the DCPA leadership's failure to implement their own board-approved code of conduct such as policies addressing In-School Suspension and School Dentention lead to a denial of FAPE?

From the inbox:

Consequences listed in our board-approved code of conduct such as In-School Suspension and School Detention do not exist at our school.  Protocols for procedures in the code of conduct such as student removal from classroom do not exist.

And this...

Last Spring, a number of students who were challenges behaviorally were put by the administration on a half-day schedule, meaning some missed reading or math class for the remainder of the year.  This decision was often made without
consulting teachers. At least two students were not allowed to come back to school for the last month; teachers were told to send home weekly packets - no other accommodations were made.


Apparently, it's happened before...  http://www.doe.k12.de.us/infosuites/students_family/specialed/files/DEDP09-12RStudvsDECPrep.pdf
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Wrights Law: What Does IDEA Really Say About IEPs?

Do you know what IDEA really says about IEPs? This may be different from what you have been told!
  • Who may be excused from IEP meetings?
  • Can I change my child's IEP without a meeting?
  • What are the IEP requirements for transition?
  • What happens to services when we transfer schools?
  • What does the law say about developing, reviewing and revising IEPs?
 http://www.wrightslaw.com/nltr/12/nl.0925.htm
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Former Pencader Sports Parents Report In -

Because I know that sports can be a very important hook that helps keep kids tuned in at school, I am sharing this tidbit of information that came my way today:

Sports Parents have reported that the DIAA has waived the one-year waiting period for former Pencader students who have transfered out for the 2012-13 school year without forcing parents and students to go to appeal or hearings.  No fanfare, just a gentile approval. 

This is noteworthy for parents who fear that their children have no other option than to continue down the current formal review pathway, blindfolded with their hands tied behind their back, b/c DIAA policy dictates that their children will lose their option to play sports for one year if ey transfer to a new school.

Parents, if withdrawal appeals to you, I urge you to call and confirm with DIAA before you actually take action.

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Reblogged from TransparentChristina

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Pencader - on FR - Posts Board Meeting for Sept. 27



September Monthly Meeting
Posted 9/20/2012

BOARD OF DIRECTORS MEETING

Thursday, September 27, 2012

5:30 P.M. Executive Session

6:30 P.M. General Session

Cafeteria


1. Call to Order

2. Executive Session

a. Review personnel

b. Legal strategy session for pending and potential litigation related to Special Ed & Finances

3. Return to Public Session

4. Review, correct, approve minutes from August 30, 2012 and September 10, 2012

5. Financial Report

a. Financial Audit (Review & Approve)

6. School Administration Report

7. Discussion of operational needs of school, including the following areas: governance, finances, human resources, marketing, Special Ed, By-Laws and how best to meet those needs

8. Innovative Schools

9. Board Officer Nomination/Elections

10. Floor Open for Public Comments

a. Time Limit of 3 minutes per person

b. Allotted time may not be reassigned to a prior or subsequent speaker


 
11. Meeting Adjournment

The Lens Asserts that Miller-McCoy violated Louisiana FOIA law

DOE's proposed Turnaround Unit Chief is co-principal of Miller-McCoy.  Miller-McCoy claims to have 100% of its seniors go onto the college - but is it all roses and lollipops? When a school can expel students for fractions such as cutting class, it makes one wonder? How many 9th graders survive the expulsion rates and make it through to their senior year?  But, that's another blogpost.

Here's Miller-McCoy on FOIA:

http://thelensnola.org/school/miller-mccoy-academy/

On July 13, 2012, Lens reporter, Kelsey Foster, published an article accusing the Miller McCoy Academy of violating Lousiana State FOIA.  The Lens is a 2012 National Edward R. Murrow Award Winner and is supported by Knight Foundation.  Click the above link and scroll through stories about Miller McCoy.

Board members were joined for the meeting by Lee Reed, an attorney with Adams and Reese; Kathy Hebert, the board’s accountant; Carletta Graves, a parent, and a reporter from the Lens.

Graves read a letter she sent to school leader Tiffany Hardrick asking the board to hire more paraprofessionals and social workers to deal with behavioral issues at the school.

The board thanked Graves for her letter and said they would review it.

The board then went into executive session to discuss a “pending claim.” When pressed by a reporter to more fully explain the reason for the closed-door meeting, board members declined to expand.

The agenda simply said the board planned an executive session with no further explanation — a violation of state open-meetings law

In addition to this advance announcement, a board must provide the public with a detailed explanation of the issue warranting such a private meeting, and such exemptions are limited by Louisiana law.

In addition to this advance announcement, a board must provide the public with a detailed explanation of the issue warranting such a private meeting, and such exemptions are limited by Louisiana law.
Board members were joined for the meeting by Lee Reed, an attorney with Adams and Reese; Kathy Hebert, the board’s accountant; Carletta Graves, a parent, and a reporter from the Lens.
Graves read a letter she sent to school leader Tiffany Hardrick asking the board to hire more paraprofessionals and social workers to deal with behavioral issues at the school.
The board thanked Graves for her letter and said they would review it.
The board then went into executive session to discuss a “pending claim.” When pressed by a reporter to more fully explain the reason for the closed-door meeting, board members declined to expand.
The agenda simply said the board planned an executive session with no further explanation — a violation of state open-meetings law
In addition to this advance announcement, a board must provide the public with a detailed explanation of the issue warranting such a private meeting, and such exemptions
Board members were joined for the meeting by Lee Reed, an attorney with Adams and Reese; Kathy Hebert, the board’s accountant; Carletta Graves, a parent, and a reporter from the Lens.
Graves read a letter she sent to school leader Tiffany Hardrick asking the board to hire more paraprofessionals and social workers to deal with behavioral issues at the school.
The board thanked Graves for her letter and said they would review it.
The board then went into executive session to discuss a “pending claim.” When pressed by a reporter to more fully explain the reason for the closed-door meeting, board members declined to expand.
The agenda simply said the board planned an executive session with no further explanation — a violation of state open-meetings law
 addition to this advance announcement, a board must provide the public with a detailed explanation of the issue warranting such a private meeting, and such exemptions are limited by Louisiana law.
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Was/Is DOE's Proposed Turnaround Unit Chief Embroiled in a High Stakes Testing Scandal?


Early peek at test questions

In August 2011, Louisiana's Premier Newpaper investigated allegations of cheating on high stakes testing at Miller-McCoy Academy, whose co-principal, Keith Sanders, is about to appointed as Delaware's new School Turnaround Unit Chief. 

Two investigations were conducted into the cheating scandal.  The independent investigation by the Recovery School District determined that some type of cheating had occurred.  Miller-McCoy's board of directors also conducted an investigation that was limited to interviewing only the co-principals and the testing coordinator, and not the complainants.  The school's board determined the accusations were unfounded.  According Sarah Carr, the Times-Picayne reporter, the two findings were never reconciled.

Below is a snippet of the article that the Time-Picayne ran.  Please click the link for the full story - one that should leave Delawareans with concerns about the Sec. of Education's choice candidate for School Turnaround Unit Chief:

 
http://www.nola.com/education/index.ssf/2011/08/new_orleans_charter_testing_dr.html
The Miller-McCoy investigation began in the spring of 2010 when several staff members alleged that, just days before students were to take high-stakes tests, school administrators had given teachers math questions or essay topics that were uncannily similar to those that appeared on the state exam days later. Three staff members came in to meet with RSD personnel, while two others provided interviews; all told, nearly 20 percent of the school's teachers raised concerns. The administrators asked teachers to use the questions to prepare students for the exam, according to the RSD report on the matter and interviews with three of the teachers. Most schools receive sealed copies of high-stakes tests at least a couple of days before students take them. State regulations call for the tests to be stored, unopened, in a locked room or cabinet. Tiffany Hardrick, a co-principal at the school, said she has never seen the actual test questions and does not remember where the tests were stored. "At the end of the day, the allegations were not true, and there was nothing to substantiate (them)," she said. No one alleged the kind of wholesale cheating discovered recently in Atlanta, where administrators apparently erased wrong answers and filled in correct ones to improve test scores. Miller-McCoy, which opened in 2008, received a school performance score last fall that included the results from the 2010 testing. At 72.5, the score was about average for RSD charters.

Somebody that I used to know...


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LOA Law

From: http://definitions.uslegal.com/l/leave-of-absence/

A leave of absence is an officially excused period of time off duty from work or duty. Definitions of what constitutes a leave of absence vary by employer, such as how many days off constitute a leave of absence. Employers also determine whether or not a leave of absence will be compensated for and what reasons justify such a leave period

Federal laws govern an employee's right to retain employment after a leave of absence for certain reasons. The Family and Medical Leave Act (FMLA) is a federal law that requires covered employers to grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
  • for the birth and care of the newborn child of the employee;
  • for placement with the employee of a son or daughter for adoption or foster care;
  • to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
  • to take medical leave when the employee is unable to work because of a serious health condition.
An employer covered by FMLA is any person engaged in commerce or in any industry or activity affecting commerce, who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. Employers covered by FMLA also include any person acting, directly or indirectly, in the interest of a covered employer to any of the employees of the employer, any successor in interest of a covered employer, and any public agency. Public agencies are covered employers without regard to the number of employees employed. Public as well as private elementary and secondary schools are also covered employers.
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IS PENCADER'S CONGRUENT ENTITY ABOUT TO ELECT JUDI KENNEDY BOARD PRESIDENT?

Really?
Not worried about formal review?
Ya think that the Charter Office is in your corner?


Go ahead.  Keep doin' what you been doin'.  'Cause that's workin' real well for ya.
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Pencader Headed Back to Formal Review

From:  https://eboard.eboardsolutions.com/Meetings/ViewMeetingOrder.aspx?S=190001&MID=271

State Board of Education Meeting Agenda September 20, 2012
V. C. 6. AMENDED: Recommendation for Formal Review of an Existing Charter: Pencader Business & Finance Charter High School (For Action)
Details
The Department will present an update on recent issues relating to the Pencader Business and Finance Charter High School and consider next steps.
The Department is seeking consent of the State Board of Education to place the charter school on formal review. The issues for the formal review include concerns relative to governance and administration, economic viability, and services for students with special needs. If the State Board consents, the formal review will be referred to the Charter School Accountability Committee for review and report.

 
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Pencader FOIA - AG Rules and Refers

The official AG response to the Pencader FOIAs has been issued.  It comes with few surprises. 

Issue 1 - The July 2, 2012 board meeting was found to be posted in compliance with clerical error.  Pencader gets a pass.

Issue 2 - Pencader concedes that its minutes do not conform with FOIA.  Minutes are to be fixed and posted to the website at which time they are to be sent to the AG as well. That's a win for transparency and accountability.

Issue 3 - By far, the most important ball lands in the ball park that was requested.  Pencader's July 2, 2012 meeting may have met FOIA compliance for posting; however, the AG has referred the issue of whether or not the board abided by its own by-laws when it called the meeting to order and elected new board members to the Department of Education, the State Board of Education, and any other authorizing party.  The by-laws are clear - Two members do not make a quorum.  Thus, it is contended that the board is not compliant.  It is now up to DOE and SBE to determine what happens next.

When the AG took the unusual step of volleying the FOIA petition between all parties for additional guidance, I asked that the issue of the validity of the board be remanded to DOE and SBE.  DOE and SBE had already made their interest in the particular issue in the petition clear during their last board meeting.  This finding clears the path for the SBE to determine how to deal with a Charter School Board who fail in their responsibilities to appropriately govern a school.  There is already a law in place that addresses this same issue for Traditional School Boards.

SBE - the ball has now been passed to your court.  You're up.  Let's do what is best for Pencader!

All in all - We'll take it.  Moving Pencader onto stable ground is all that matters now.

Pencader Opinion 9.18.12
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A Little Electric Mayhem for my Mayhem Maker

And now special ditty from The Muppet Show Band

TC - More on DCPA Union Busting, Can you believe this bs?

http://transparentchristina.wordpress.com/2012/09/18/delaware-college-preparatory-academy-charter-school-is-doing-what-netde/#comments
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Blowman to Replace Cruce aka DOE Dan

Gosh, I think Kilroy's going to have a difficult time finding a nickname for Blowman.  Actually, I don't know enough about Blowman to have an opinion of him, yet.  But, I find is hopeful that his daughter attends a traditional public school in Delaware! 

http://www.delawareonline.com/article/20120918/NEWS03/309180041/Veteran-school-administrator-take-state-post?odyssey=mod%7Cnewswell%7Ctext%7CHome%7Cs&nclick_check=1
Category: 1 comments

Does the Sec. of Education Need a Chicken Saddle? Why is he leading our egg-ceptional chicks to Slaughter?

Did TC or Kilroy send you here? Got something to say? We have a comment section, too! And. Murph, that goes for you, too.  We have real ANONYMOUS commenting on Blogger.

I had soaring hopes for Sec. Murphy.  Grounded.

Okay, so I get that DOE is having capacity issues - as in a flock of underlings have flown the coop since the Jack hatched Murph.  It happens - moulting.  What clucks, though, is what the cockerel does with the clipped wings still in the hen house.

Looking solely at Delaware's exceptional children - students who require special education - it would be negligent to ignore the fact Murph is about dilute critical mass by asking the State Board of Education to appoint Mary Ann Mieczkowski to be the Acting Associate Secretary of the Teaching and Learning branch.  Mitch is officially the Sec. for the Exceptional Children and Early Learning branch. Good move for Mitch, bad for kids.  Special education cells are among Delaware's lowest scoring DCAS testing cell. Whole schools fail to make AYP due to the state's failure to compel achievement from these students.  For the first time in memory, the Delaware Autism Program failed to make AYP in 2011-12.  When the state's pre-eminent special education AYP-maker fails to hit basic minimal achievement markers, you can bet it's something to crow about.  Over-extending the leader of the department that addresses Exceptional Children is just bad practice. Yep, bad for kids.

Now, factor in Baby Race to the Top, Delaware's second RTTT victory.  We've secured funding to develop more comprehensive intervention for Delaware's youngest learners - the Early Childhood segment.  So, what's Murph do?  He assigns even more duties and responsibilities to a critical secretary.  There's a term for this in the poultry industry - Forced Moulting - and it's not pretty.

Just what did Jack hatch? besides of crock of edushit? A cockatrice who lacks any appreciation for exceptional children? or a chicken running around with his head cut off? 

Murph gets an F in exceptional children.  But, then what would you expect from a leader whose about to import an Louisiana D to lead Delaware's Turnaround Unit? (and if you don't what I'm talking about, you better get your Google On!)

Take the crown off, Murph, you're headed for educational caponization. Do I see a chicken saddle in your future? http://www.mypetchicken.com/catalog/chickens/Chicken-Saddle-Free-shipping-p764.aspx

Forced moulting, http://en.wikipedia.org/wiki/Moulting
In some countries, flocks of layer hens are force moulted to reinvigorate egg-laying. This usually involves complete withdrawal of their food (and sometimes water) for 7–14 days or up to 28 days under experimental conditions[7] which presumably reflect standard farming practice in some countries. This causes a body weight loss of 25 to 35%,[8] which stimulates the hen to lose her feathers, but also reinvigorates egg-production. Some flocks may be force moulted several times. In 2003, more than 75% of all flocks were moulted in the US.[9] Other methods of inducing a moult include low-density diets (e.g. grape pomace, cotton seed meal, alfalfa meal)[10] or dietary manipulation to create an imbalance of a particular nutrient(s). The most important among these include manipulation of minerals including sodium (Na), calcium (Ca), iodine (I) and zinc (Zn), with full or partially reduced dietary intakes.[11]



1st Edition: Better Know a School District/Charter Attorney:

From: 
 
 
Shareholder
T:302 552 4202 / 215 665 5341 | F:302 552 4295 Wilmington
Philadelphia

James J. Sullivan, Jr. has counseled employers in many aspects of education, safety and health, and labor and employment for more than 30 years.
He was a shareholder with Pepper Hamilton until 1997, when he left to join Klett Rooney Lieber & Schorling, which merged with Buchanan Ingersoll in 2006.
Jim spends a significant amount of his time representing employers in union-related conflicts, including unfair labor practice proceedings, collective bargaining negotiations, grievance/arbitration hearings and active management of union election campaigns. He also has represented major employers before federal and state OSHA and MSHA in significant citations and litigation including cases involving fatalities, serious injuries and multiemployer work sites. He has been a member of the ABA Labor and Employment Section Committee of Occupational Safety and Health Law since 1981, and is currently serving as the program chair for that committee.
Jim also maintains a practice representing school districts and colleges and universities in labor relations and employee and student discipline matters, as well as in the areas of special education, student civil rights matters, legal consultation and staff training. He is a member of the Associated Builders and Contractors, Inc. National Attorneys Conference, the National School Boards Association Council of School Attorneys and a former member of the National Association of College and University Attorneys.
Recently, Jim has:
  • Represented a major Philadelphia university and hospital in labor relations matters including union negotiations and supervisory and management training.
  • Advised the senior management of a regional hospital in central Pennsylvania regarding employment issues.
  • Acted as general counsel to a large Delaware school district including all special education legal matters.
  • Represented a major producer of silica and other composites in all OSHA-related matters.
  • Represented the nation's largest cable television and Internet provider in a ten-day unfair labor practice trial before the NLRB involving allegations brought by the Teamsters Union.
  • Provided ogoing advice and counsel to the largest public utility in Delaware related to the company’s contingency planning for numerous potential work stoppages by various local unions.
  • Served as national labor counsel to a transportation industry employer, including a wide range of services such as grievances/arbitrations, union election campaigns, sexual harassment training and the successful resolution of nationwide wage and hour law claims.
  • Represented Delaware school district in one of the first challenges of a state regulation issued under the No Child Left Behind Act in the Delaware Court of Chancery.
Jim previously served as the vice president of labor and employment law and deputy general counsel for Comcast Cable Communications, Inc., advising the corporation on labor relations and employment practices and policies. He was responsible for the labor and employment due diligence examination in connection with Comcast's merger with AT&T Broadband in 2002 and managed the lawyers in Comcast's legal department responsible for employment-related issues. He also briefly served the corporation's Eastern Division as vice president for human resources and acted as the corporation's chief spokesperson at collective bargaining negotiations with the Teamsters, Electrical Workers and Communication Workers Unions.
He is an accomplished public speaker who frequently presents at conferences and seminars for attorneys, human resource professionals and employer associations. He was selected by his peers to appear in The Best Lawyers in America and is listed as a top labor and employment lawyer in Chambers USA: America's Leading Lawyers for Business.
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Is DCPA union-busting?

The DCPA rumor mill grinding away...

The last collective bargaining session at DCPA was June 15.  Upon failing to come to an agreement during the summer with PERB over grievance procedures, DCPA moved into self-imposed communication exile... mmmm... we've seen this behavior elsewhere...

With collective bargaining in shut-down mode and no response from the school leadership, DCPA's union filed for mediation, now scheduled for September 24th.  The response from the school also re-opened issues that the teachers previously thought had reached mutual settlement during negotiations.

Word on the street is that at least two teachers (of four) on the negotiating team have been terminated in the last two weeks.

Major Movement for DOE Personnel

From Sept. 20th State Board of Education Agenda:https://eboard.eboardsolutions.com/Meetings/ViewMeetingOrder.aspx?S=190001&MID=271

Summary

Appointments
Evelyn Keating, Education Associate, DE Stars & Workforce Compensation, Race to the Top, Office of Early Learning, effective September 4, 2012.
 
Brandi Miller, Education Associate, Kindergarten Readiness, Race to the Top, Office of Early Learning, effective August 27, 2012.
 
Keith Sanders, Chief Officer, School Turnaround Unit, Race to the Top Management Office, effective October 7, 2012.
 
Angeline Willen, Director, Teacher & Administrator Quality Development Workgroup, College and Workforce Readiness Branch, effective September 10, 2012.

 
Transfers/Acting Appointments
 
Mary Ann Mieczkowski, Acting Associate Secretary, Teaching and Learning Branch, effective September 1, 2012.

 
Susan Keene Haberstroh, Acting Associate Secretary, College and Workforce Readiness Branch, effective August 20, 2012.

 
Resignations/Retirements

 
Linda Rogers, Associate Secretary, Teaching and Learning Branch, retirement effective August 31, 2012.

 
Michael Stetter, Director, Accountability Resources, Teaching and Learning Branch, retirement effective October 31, 2012.
 
Nelson Molina, Field Agent, Spanish Language Immersion, Curriculum, Instruction and Professional Development Workgroup, Teaching and Learning Branch, resignation effective September 4, 2012.
 
Gregory Fulkerson, Education Associate, Curriculum, Instruction and Professional Development Workgroup, Teaching and Learning Branch, resignation effective September 21, 2012.
 
Daniel Cruce, Deputy Secretary of Education, Office of the Secretary, resignation effective September 21, 2012.
 
Diane Sullenberger, Administrative Secretary II, Office of the Associate Secretary, Teaching and Learning Branch, retirement effective September 30, 2012.

 
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Does Pencader have a leak? What their new email account says to me:

Pencader has established a collective email address for their board of directors.  This address was posted by the former school leader's son to the website yesterday.  On the surface, the collective address seems to be a positive method for providing access to the full board for constituents. But, commenters on Kilroy has raised questions about the practice.  http://kilroysdelaware.wordpress.com/2012/09/13/is-pencader-school-board-members-e-mails-being-censored/

The collective email address fails to allow constituents to interact with any one particular board member.  It also impedes a constituents ability to maintain anonymity when sharing concerns.  A member of the school or community may be more comfortable with one board member over another resulting in a positive rapport.  The collective email method is thus a hindrance to building mutual trust.

But, I will take my interpretation one step further.  Bloggers have received emails written by board members and some of these emails have been published.  I am always hesitant to publish emails that could be construed as confidential and I have my own litmus test.  I can say that frequently these emails travel through a third or fourth party before they reach bloggers, same for oral rumors.  Each blogger engages in their own effort to verify what they receive.  When verification can't be attained, bloggers frequently publish insinuation to push the information out to the public for debate.  Again, every blogger has their process for determining what they publish and the tone in which they present it.

In looking at Pencader's efforts to sure up communication, I am cautious.  This collective email address is not on the state server platform.  Furthermore, it impedes a board member's ability to personally and confidentially respond to a constituent.  Lastly, if each board member is privy to the account, each board member can open the SENT FILE and see with whom their peers are communicating and what that communication entails. 

Furthermore, who can ensure that this email account can't be hacked or intercepted by a third party?  It's not on the state server.  Who is going to ensure the security of the confidential documents that may travel through this account?  Finally, who is paying for the comcast account?

In contrast, for years Christina used a courier to send weekly documents in sealed envelopes to board members.  The content of this information did not contain documents that required executive privilege.  In fact, those documents were not disseminated to the board until the board was in a live executive session to ensure confidentiality was never breached.  Even today, We had grave concerns about sending confidential documents over the Internet, even when using the secure state server. Precaution was our guiding factor in determining our communication methods.

Last year, Christina moved to a paperless system.  With the implementation of boarddocs, like some of our fellow districts, we can now access an extremely secure deposit of information allowing for us to eliminate the cost of the courier service.  Boarddocs also provided our board with the ability to take our meetings online, reducing paper usage and labor to a tune of  approx. $30,000 annually.  Boarddocs included the use of Ipads to facilitate our meetings and access the repository.  (These are loaner Ipads and must be returned to the district upon the end of one's service.) The Ipads have also increased board member accessibility - even when I travel, (I don't have a smart phone and the district does not provide cells phones to board members) I can now check in and respond when needed.

When I look at Pencader's latest efforts in comparison to what school districts are doing to maximize confidentiality and accessibility, I have great concerns.  What I see is an email address that is ripe for issues, easy to infect and/or hack into, and likely being used as a means to police individual board members interaction with their constituents.

For shame.  One step forward, Two step's back!
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Pencader Provides Contact Information for Board of Directors

Position Board Member E-Mail Address
Vice President    Dr. Abraham Jones   PCHS_BoardofDirectors@comcast.net
Vice President    Ms. Judi Kennedy   PCHS_BoardofDirectors@comcast.net
Board Member    Mr. Steve Quimby   PCHS_BoardofDirectors@comcast.net
Board Member    Mrs. Kimberly Clemmons   PCHS_BoardofDirectors@comast.net
Board Member    Mrs. Daphane Davis   PCHS_BoardofDirectors@comcast.net
Board Member    Mr. Jay Anderson   PCHS_BoardofDirectors@comcast.net
Secretary    Mr. Charles Evans   PCHS_BoardofDirectors@comcast.net
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Cry for help from inside another Delaware Charter School

The following was emailed to me this evening. DCPA is Delaware's first unioned charter school.  If these allegations are accurate, this is a situation worth the attention...

Dear Delaware blogger,
 
I teach at Delaware College Preparatory Academy. We organized last year, voting in the winter to be represented by the Delaware State Education Association (DSEA). We believe that teachers deserve fair treatment and respect, that our students deserve excellent services, that our school should function smoothly, and that our administration should provide support to good teaching.

As required by law, our union has negotiated with the school in good faith. Our primary concern was and still is having a positive school environment for our students and a fair workplace with due process for our teachers. Therefore, our contract outlines many items that are standard best practices in schools, but are often overlooked or blatantly violated at DCPA.


I have believed several times that we had conceptual agreement on the major areas of the contract. Unfortunately, this has not resulted in a contract. Throughout the process the school has repeatedly delayed negotiations, blatantly ignored communications, and ignored requests for meetings and information. The school has even ignored communications from the state’s Public Employment Relations Board (PERB). Because of this, DSEA has filed for mediation on our behalf and will also be reaching out to policy makers and stakeholders on this matter.


Please note that this is not about money. In fact, we are not asking for any salary or benefit increases in this contract.

Our school is in trouble. This contract can help by making DCPA a safer environment for our kids, by enforcing a student code of conduct, and by empowering teachers to do their jobs without fear of retribution.

I am writing because we need your support to get DCPA on track. Please help us and help our school! Contact our Board President and Executive Director to urge our school to negotiate in good faith. Here is their contact information:


Howard Johnson, Executive Director

Howard.Johnson@dcpa.k12.de.us
302.762.7424 x151

Yardise Jones, Board Presidentyardise.jones@yahoo.com


Stay informed. This is the first in a series of communications that will speak to major needs our school faces that we are attempting to address through collective bargaining.



Words of Wisdom


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For the edu-politico:


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Hell Hath Frozen Over - I Agree with the NJ Editorial Board!

Time for new leader at Pencader Charter

Removal of Ann Lewis as the leader of Pencader Charter Business and Finance High on Monday was long overdue.

Lewis’ dedication to the school’s mission of producing stellar graduates was felled by aspects of her personality and poor decisions, which state officials and school staff found potentially illegal. It also didn’t help she could not clarify her education. Her claim to have obtained a doctorate from a school experts label a degree mill only damaged Pencader’s reputation. By her supporter’s accounts, Lewis was a rock when the school faced possible closure a year ago, because Pencader had used up its share of state funding before the end of that school year, while Lewis was at its helm.                                              

Remember, this school won its charter because its stated mission is to “equip students will the skills needed for employment in the business and finance industry.” What better example of fiscal stewardship for these young people than to demonstrate that ability to keep the school on budget. Additionally, in its nearly six years of operation, Pencader has routinely been ensnared in problems about questionable hiring practices, salary inequities and board decisions that the state Department of Education considers out of kilter with healthy administrative stewardship.

The state’s Pension Board referral to the Attorney General about possible “criminal and/or civil” actions, the school’s financial oversight plan, and a Freedom of Information Act complaint regarding a public meeting notice are appropriate death knells to Lewis’ distraught leadership. It’s time to entrust the $5 million state funds into this publicly-funded charter school to better leadership.
 
My thoughts: I only want to add that Pencader decreased its deficit form $1 mil to $250,000 because of the team of volunteers who developed a budget that the school could live within.  Bill Bentz, Shawn Kapinski, the CBOC committee, and all of the board members had substantial roles in the creation of that budget while the Department of Education oversaw compliance to that budget during its monthly meetings with the school.  Credit for Pencader's financial stewardship belongs to this team, not just one individual!  Furthermore, Pencader stayed true to the budget b/c teachers did without, providing supplemental materials at their own cost, and because many parents gave generously from their own pockets to ensure that needed materials were available.  Let's also not forget that the Pencader's students were deprived of a Guidance Department last year to ensure the school stayed on target.

The impact of the generosity of each of these individuals should not be sacrificed in an effort to defend the potentially illegal and certainly unethical actions of one. To do so is to commit a travesty against all of those who worked to hard to restore fiscal solvency to Pencader Business and Finance Charter High School. 

Congratulations:

Kim Williams
Bryan Townsend
Paul Baumback

and all of the other first-time hopefuls working for change in education and politics in Delaware.

Good Luck in the General Election!
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Lost but never forgotten...

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NJ: Pencader's Lewis Terminated




http://www.delawareonline.com/article/20120911/NEWS/309110045/Pencaderdirectorsgive-Lewisthe-boot?odyssey=tab|topnews|text|Home

The Pencader Charter Business and Finance High School’s board of directors voted unanimously Monday to fire the school’s leader.

The school board voted after a nearly two-hour executive session. The board took two unanimous votes regarding school leader Ann Lewis: one to not renew her $84,000-a-year contract and another vote to terminate her for “good and just cause.”

Kilroy Issues battle cry for Pencader Parents - "It's your school so own it!"

From Kilroy:  Why did Delaware Secretary of Education Exclude Abe Jones?

Parents and students of Pencader!!!! If you love Pencader and want it to stay open it is up to you to help purge the cancer within! Pencader is a public school and it “belongs” to you! Obviously those claiming to be your representatives on the board are “not” being effective in keeping Pencader within the laws that governs it.

Parents and students, if you don’t stand in this hour of need Pencader will fall! Maybe not now but it will! Organize and make your stand now! The community even Kilroy stood up and helped save Pencader from closure last year! It is time for Pencader parents and students to stand on their own! It’s your school so own it !

Jeopardy: And the Question Is?

Who claims Primary Sponsorship and author of the following legislation:

Establishing a public school choice program; allowing for alternative certification of teachers; requiring students to demonstrate mastery of state standards to receive a Delaware High School Diploma; requiring public disclosure of lobbying expenditures; limiting special interest influence through campaign finance reform; requiring Delaware inmates to participate in work, education and rehabilitation programs and to pay room and board. Sponsor of Delaware’s Charter School legislation.

Answer: Del. Sen. Richard A. Hauge

Mr. Hauge held office from 11/1988 to 11/1998.  As a republican, he served three terms, representing 31,000 suburban residents in Northern New Castle County/Brandywine Hundred. He also served on the Bond Bill, Finance, Education, Corrections, Judiciary, Public Safety and Sunset Committee. And that's Get Your Google On!

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Sec. Murphy's statement to the NJ regarding Pencader

There's a lot of conjecture out there right now about what will happen to Pencader. I've had a renewed run on the telephone with parents asking if our school will be closed. To that end, rather than conjecture, I asked the PIO at DOE if I could have a copy of the statement sent by Sec. Murphy to the News Journal. She quickly supplied it.

Italicized to indicate direct quote and statement entirety.
Here it is:
Last year the State Board of Education placed Pencader Business and Finance Charter School on probation <http://www.doe.k12.de.us/news/2011/0722.shtml> . The school faced closure because of governance and financial issues.
Over the past 13 months, the Delaware Department of Education has been providing support to the school to help its leadership regarding several outstanding issues. Through this partnership, the school made significant progress improving in many financial issues. However, in recent months the school's leadership in several instances has failed to follow the state's guidance on governance and financial issues. The school also failed to address these remaining issues on its own.
The department, in partnership with the State Board of Education, is becoming increasingly concerned about the school's viability and the effect on students and families. Specifically, the following ongoing issues are threatening the school's viability:
o Decreasing enrollment
General's Office investigation into violation of Freedom of Information Act
o Pension Board referral to Attorney General for investigation of possible criminal and/or civil violations
o Failure to implement mission statement
o Possible conflicts of interest with various contracts
o Building-level financial oversight concerns
For several months state officials have attempted to work with the school, giving its board ample opportunity to improve voluntarily. The board has demonstrated limited capacity to govern the school. Students, families and staff deserve better.
"Conditions have deteriorated over the past few weeks and action is required," State Board of Education President Teri Quinn Gray said. "We are trying to do what is best for students, families and staff both for this school year and, hopefully, for the future."
Secretary of Education Mark Murphy said, "President Teri Quinn Gray and I will be meeting with the Pencader Board leadership next week, wherein these issues will be resolved one way or another."