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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."

Reblogged from School Matter: Doublethink is alive and well

“Doublethink” is alive and well.

In 1948, George Orwell wrote 1984. “Big Brother is Watching You” was born. So was “doublethink,” the power of holding two contradictory beliefs in one’s mind simultaneously and accepting both of them. TVs watch YOU. Language is paradoxical. Less is more. War is Peace. Freedom is slavery. Ignorance is strength...
Keep reading here:

http://www.schoolsmatter.info/2012/08/jane-watson-doublethink-is-alive-and.html

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HAUGE vs BRANDYWINE - Not the Jeopardy Answer - But interesting nonetheless

What do Pencader and Richard Hauge have in common? Barry Willoughby! Pencader's whistleblower heavy and constitutional law expert! Delaware is such a small state! I swear next is Joe Biden galloping in on his gallant white steed...

Thanks to Transparent Christina for finding this golden nugget!

00-124
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Get Your Google On!

Get Your Google On!

The game is Jeopardy.
The category is Education History.
The answer is Richard A. Hauge.











The Question?




Pencader Posts Sept. 10 Special Meeting Agenda and FOIA Update

http://pencadercharter.net/busfin/sites/default/files/page/204/documents/September%2010%202012_Special%20Meeting%20Agenda.pdf

Last week, there was a bit of volley going on between the parties to the FOIAs filed in July/August.  The AG kicked Pencader's response to me and asked for some clarity as to how I wanted to proceed.  I responded with a request for an opinion.  AG came back with a status update - Pencader to receive an additional 10 days to further respond, due by Sept. 10, with the AG to issue an opinion sometime after that date. 

Of course, in the mean time, Sec. Murphy officially entered the arena with his indication of DOE intervention undefined.  No, not diggin' on the Secretary, but like everyone else, I'm waiting to see what that intervention entails.

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I'll take a moral victory for education over personal triumph any day!

 
We didn't think it'd last beyond summer
She met my father I met her mother
We didn't have anywhere else to go
We didn't know what we had found
Just caught the bus and rode it to town
She wouldn't notice anything else but me
She touched my face and called me her lover
I never thought that I'd need another
Your cool suburban sun
You're foolin' every one
You win some you lose some
We didn't know what we had found
Just caught the bus and rode it to town
She wouldn't notice anything else but me
Your cool suburban sun
You're foolin' every one
You win some you lose some
Dancing at discos, and moaning at phone bills
Torremolinos and sun burnt in high heels
Swap it and sell it and drop it and smell it
All those years ago
She touched my face and called me her lover
I never thought that I'd need another
Your cool suburban sun
You're foolin' every one
You win some you lose some
Your cool suburban sun
You're foolin' every one
You win some you lose some
Now it's gone, now it's gone,
You win some, you lose some
Now it's gone, now it's gone,
You win some, you lose some
Now it's gone, now it's gone,
You win some, you lose some
Now it's gone, now it's gone,
You win some, you lose some
Win some
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This post is fast becoming my most popular ever!

http://elizabethscheinberg.blogspot.com/2012/08/alex-pires-dewey-beachs-ben-franklin.html

Thank You Potential Senator Cupcake for the traffic - bringing need exposure to Delaware's education issues.
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A Dozen Danger Signs for School Boards

A Dozen Danger Signs - http://www.centerforpubliceducation.org/Main-Menu/Public-education/Eight-characteristics-of-effective-school-boards/Eight-characteristics-of-effective-school-boards.html
While this paper did not specifically focus on characteristics of ineffective school boards, it may be helpful to review some of the descriptions of ineffective boards mentioned in the research:

1. Only vaguely aware of school improvement initiatives, and seldom able to describe actions being taken to improve student learning
2. Focused on external pressures as the main reasons for lack of student success, such as poverty, lack of parental support, societal factors, or lack of motivation
3. Offer negative comments about students and teachers
4. Micro-manage day-to-day operations
5. Disregard the agenda process and the chain of command.
6. Left out the information flow; little communication between board and superintendent
7. Quick to describe a lack of parent interest in education or barriers to community outreach
8. Looked at data from a “blaming” perspective, describing teachers, students and families as major causes for low performance.
9. Little understanding or coordination on staff development for teachers
10. Slow to define a vision
11. Did not hire a superintendent who agreed with their vision
12. Little professional development together as a board.
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Overheard: "A blog is not writing. It’s graffiti with punctuation”

From the movie, Contagion, now playing on HBO.
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"Please, Please, Please all decisions have to be board approved right now"

"Please, Please, Please all decisions have to be board approved right now."

Dear Charter and District School Board Members,

If you've made this or a similar statement to your school leader or superintendent, I want to assure you that you've made a gross error:  You have failed to compel a balance of power needed for sustainable good governance.  You lack the capacity to maintain the sanctity of your school(s) and the tax payers money.  You've sold your integrity to be part of the in-crowd and you have failed the public trust. You've ceded any authority you may ever have had to your designee and your designee will never to give it back.  Your desparation is palpable; yet, you fail to see that you've been lied to, used, and abused, just like the school you have failed to govern.

"You know I will fight with everything I have for you but you can't make decisions like this right now..."

RIGHT NOW? How about ever?  How about taking a stand to protect your school?

Do I sound ignorant or arrogant?  Like it?  I doubt it.  But, this is my right, I pay your employee's salary.

Quotes attributed to Transparent Christina:
http://transparentchristina.wordpress.com/2012/09/03/pencader-bod-communications-suggest-deep-problems-with-boardleader-dynamic-and-proper-roles-netde/

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Barry M. Willoughby Joins Pencader's Legal Team

With pressure mounting, Pencader appears to have pick-up an additional legal eagle to assist counsel Adria Martinelli.  If you've watched any of the video recorded at the August 30, 2012 Pencader Board Meeting and wondered about the gentleman sitting next to the pretty blonde (Martinelli) that's the well-respected Barry M. Willoughby of Young, Conaway, Stargatt, and Taylor, LLP.  In addition to his bio below, he's got quite a pedigree. 

Barry is Chair of the Employment Law Section of Young Conaway Stargatt & Taylor, LLP. He also serves as a member of the firm's Management Committee. His practice focuses on the representation of employers in claims of employment discrimination, retaliation, "whistleblower," and other "wrongful discharge" cases under federal and state law, including defense of charges of racial and sexual harassment. Barry also defends public employers in First Amendment, due process, equal protection, and other constitutional law allegations. He represents employers in union related conflicts, including representation in organizing campaigns, unfair labor practice proceedings, and grievance/arbitration hearings. http://www.youngconaway.com/barry-m-willoughby/
 
All things being equal, the addition of Willoughby leaves me with the feeling that Pencader's board may be digging in for a fight.   There are already rumors that Pencader will receive FOIA training - at a cost $2500 - from their legal team - and about half of what the school had previously allocated for its legal fees this school year.  And while I applaud any school board that avails itself of professional development, the tax payer in me believes it's probably cheaper to go through the Delaware School Board Association or the Delaware Attorney General's office.  More expensive does not mean its of any better quality.  But, why should anyone listen to me?

(Note: FOIA training and cost is a rumor.  I have not independently verified it, but any member of the public who would like to, can under FOIA, pick up their phone or log onto their email and send a Request for Information to their Pencader Board Members. To be nice, give them a week to respond as I can't imagine the board is waiting around by their telephone on a holiday Monday waiting to hear from you or me.)



Parents to Pencader - Let My Children Go!

http://transparentchristina.wordpress.com/pencader-charter-school-83012-board-meeting-videos/

Sec Murphy takes off rose-colored glasses and sees the RED FLAGS!

http://www.delawareonline.com/article/20120901/NEWS03/309010015/Mend-school-risk-charter?odyssey=tab%7Ctopnews%7Ctext%7CHome&nclick_check=1

It's the sound of all the air in the world being sucked into a vacuum - the collective gasp - the moment so many have been waiting for:  Intervention! 

So what do you think intervention will look and feel like?
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Board Member turned consultant DiMauro seeks Contract with Pencader - Keep bleeding the beast until its dry!

http://www.delawareonline.com/article/20120830/NEWS/308300055/-Red-flags-raised-over-contract-Pencader?odyssey=tab|topnews|text|Home

Another Pencader "associate", this time board member/former board member/president, Vincent DiMauro, is maneuvering his company Integrate LLC to become a contracter at Pencader.  Don't worry, folks, this contract will fall below $50,000, meaning that the board will likely not vote on it and the deal can be done with school leader, Ann Lewis.

DiMauro told The News Journal that the rate varies depending on what services are provided, and it was not yet known what kind of rate would be charged. His firm provides a variety of services and has experience working with schools, he said.
 
1. Did DiMauro provide Pencader with references?
2. Did DiMauro provide Pencader with the list of schools with whom Integrate LLC is working?
3. Did DiMauro itemize for Pencader the type of work he's down with these schools?
4. Did DiMauro provide Pencader with a menu of services offered?
5. Did DiMauro solicit Pencader or did Pencader solicit DiMauro?
6. Our of curiosity - do the services offered by Integrate LLC fall within the scope of single source procurement?
7. When will someone intercede to stop the blood-letting at Pencader?  I am fairly certain that should Pencader's board want governance assistance, they could seek it from the Delaware School Board Association for much less than $49,000/year. 

Pencader is a school.  Despite the way it has been manipulated, it was never intended to be a cash cow.  This is Insanity!

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Failure to plan on your part does NOT constitute an emergency on my part.

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Iconic Newark - Curtis Smoke Stack to be Demolished

http://www.delawareonline.com/article/20120828/news/308280050/famed-curtis-smokestack-newark-faces-final-days?odyssey=mod%7Cnewswell%7Ctext%7Chome%7Cs

My sister, "the Dr.", is seven years older than me.  When I was seven or eight, she wrote a letter to the News Journal (I was proud of her for that) in opposition of the demolition of old theater on Main St. in Newark.  You remember the one - right next to the Malt Shoppe... And that's the point, driven home by the recent closing of the Post House... It seems all things old must go to make way for something newer...

Fare thee well, icons of Newark long ago, alive only as long as our memories endure... 
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Today's Math: What does $1 buy?

http://www.wisebread.com/what-can-you-buy-for-1-these-days

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New York Teacher Accountability Solution Feared Unworkable -

http://www.educationnews.org/k-12-schools/cuomos-new-york-accountability-solution-feared-unworkable/

"It has emerged that the problem is that Cuomo’s solution left the details to be worked out by local school and union officials — and in many cases union officials have no intention of ceding ground. This shouldn’t be a surprise considering that the unions exist to protect and advocate for their members.

More bizarre is that Cuomo created a system with such an obvious flaw to the extent that it could be accused of being unworkable by design, when it was developed specifically to fix a 2010 teacher evaluation law which he derided as being ‘unworkable by design’.

The problem with the 2010 law was that it let the union veto any plan that negatively affected them. The problem with the new system is that it allows the unions to simply stonewall any plan that negatively impacts them..."
 
 
I suppose that is a problem.  Then again, having bureaucrats reform education is as logical as inviting Jack Markell to re-plumb your home...or expecting him to include the NAACP on the Charter School Taskforce...
 
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Pencader Charter Posts August 30, 2012 Board Meeting Notice/Agenda

http://pencadercharter.net/busfin/sites/default/files/page/204/documents/Agenda%20BOD%20Meeting%20August%2030%202012.pdf

Pencader posts August 30 Board Meeting Notice Agenda.  Thank You!

BOARD OF DIRECTORS MEETING AGENDA

Thursday, August 30, 2012

5:30 P.M.

School Main Building, 2
ND Floor Conference Room

1. Call to order

2. Review, correct as necessary, and approve minutes of July 26, 2012 Board Meeting

3. Board Ratification of July 2, 2012 and July 26, 2012 Election of Directors

4. School Leader’s Report: Mrs. Lewis

5. Curriculum Development Report: Mrs. Fraser

6. Financial Report - July Monthly Budget Report: Mrs. Scanlan

7. Financial Audit Status Report: Mr. DiMauro

8. Proposed SY2013 Budget: Mrs. Scanlan

9. Parents Teachers Organization Report on Activities: Mrs. Kennedy

10. Executive Session

     a. Strategy session with respect to pending and potential litigation

11. Reconvene Open Meeting

12. Floor Open for Public Comments

     a. Time limit 5 minutes per person

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

13. Meeting Adjournment
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Christina's New Website Goes Live!

Thank You to all who had a hand in developing The Christina School District's New Website! 


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Comment Rescue - Thoughtful Repose



Jodi has left a new comment on your post "DOJ Ambassador Speakers Available to Address a Wi...":

LOL - I didn't even see FOIA listed there... I got all excited about some of the other topics. I wanted to sponsor some community events at the school last year to include Internet safety and Predator awareness but I never could find any resources to do it. I am so calling on this next week!! :)

Now your question - no, there was no oath. There's nothing in the law, and I agree there should be. An oath isn't going to stop someone who is really interested in doing wrong, but it's a step that should give you pause to think about what you are undertaking and it gives the community a very specific set of standards to hold you to.

I guess Reach was luckier than I realized in the composition of our new board. We have folks who have a significant amount of board experience and really understand the fiduciary responsibility it entails. They also understood how a board is supposed to conduct business - Roberts rules, sunshine laws, committees, etc. I wasn't as familiar with some things like the fine points of Roberts Rules but spent time researching on my own, and have learned a lot from my fellow board members. That being said, a refresher course is never a bad idea.

Which leads me to another random thought... going through this probation experience over the last year, our mantra has been 'We want to learn, please teach us'. Hours and hours have been spent learning the detailed mechanics of the financial/funding process, for example - we've sought out people with experience and LISTENED to what they have to say. Our school is better for it. There is no room for personal arrogance here - you can't walk into a situation like this thinking that you know better than everyone else. We've put much effort into the process for things like contract bids and HR policies. Evaluation of a single person's salary has meant researching data at the state and district levels, the mid-Atlantic region and other comparable areas of the US, etc. - the bidding and evaluation process for our new modular classrooms went beyond what was required but it was the right thing to do. And EVERYTHING is documented and replicable.

It makes me very upset to see what some folks are doing right now because it makes all of us look bad. There truly ARE schools out there with boards who take their responsibilities very seriously, and who are doing very good work. In the end it's about making a high quality education available to all students and to do so in a manner that respects the citizens who provide the funding. Anyone who isn't up to the task of doing that, needs to get out.
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Is Profit an Incentive to Fail Students?

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The $1,075 Word Problem

Combined total spent by two families on summer school at a local charter for credit recovery:

$1,075



DOJ Ambassador Speakers Available to Address a Wide Variety of Topics

Department of Justice Ambassador Program

The Delaware Department of Justice regularly receives speaking requests from community organizations, civic associations, and other public and private groups. Attorney General Biden created the Ambassadors Program to provide educational seminars on-demand that provide information about Department programs and initiatives. If your organization would like to learn more about the Ambassadors Program or seek to schedule an Ambassador Speaker please e-mail your name, contact information, and requested topic to DOJ.Ambassador@state.de.us or call (302) 577-8288.

DOJ Ambassador Speakers can address a wide variety of topics, including:

Community Prosecution, Sex Offender Registry/Megan's Law, Careers in the Law, Child Abuse Laws/Prevention, Child Support and Enforcement, Debt Management/Foreclosure, Domestic Violence Drug Crimes/Drug Prevention, Identity Theft, Internet Safety/Child Predator Task Force, Investment Schemes/Securities Fraud,Juvenile Delinquency/Truancy, Lemon Laws, Medicaid Fraud, Motor Vehicle Laws, Nuisance Abatement, Open Government/Freedom of Information Act, Senior Abuse, Sexual Assault Victim, & Witness services/Victims Bill of Rights
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Pencader Updates Website - What happened to the rest of the board?


Pencader posted some updates to the school website today.  For those who have wondered who their board members are and how to contact them, the 2011-12 board members whose terms have expired were taken off the board page.  The lingering question is:  What about all the new board members?  Why were they not added? 



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Early State Board Meeting Intel - No action on Pencader

  • Early Intel indicates that the SBOE did not act on Pencader concerns
  • NJ interviewing Pencader parents onsite, look for story, commentary to come
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Pencader Moves School Board Meeting to August 30th

Public must wait an additional week for the board to conduct business.


Steve Newton's Thoughtful Piece on Turnover at DDOE

Find it here - http://delawarelibertarian.blogspot.com/

Steve Newton hits a homerun with his enlightening thoughts about the recent turnover at the Delaware Department of Education under the new leadership of Sec. of Education Mark Murphy -

There is, naturally, a lot of editorializing and opining as to what it means that since Lillian Lowery left DOE for greener (but, honestly, equally toxic) fields in Maryland, her "team" has been scrambling for the exits as quickly as possible--last but not least Deputy Dan Cruce. . . . 
Steve makes a point of reminding us that the changing of the guard always brings with it exodus and new appointments.  More importantly, he charges observers with remembering that Mark Murphy was not appointed to charge direction, but to further a plan in place and he comes to us with substantial exposure to the plan and with influential backers'.

 In other words, when a new SecEd came to town there also used to be a period of public discourse and even relatively thoughtful debate on "Where should we go from here?"

Not this time. Mark Murphy's selection was an advance decree of exactly what the agenda will be in the second Markell term: more Race to the Top, more Vision 2015, more centralized educational policy-making, continued emphasis on high-stakes testing, and continued erosion of local control of our public schools.

It's a great discourse in the lessons of Delaware Sec. of Education History.  Go check it out for yourselves...   http://delawarelibertarian.blogspot.com/2012/08/when-guard-changes-at-delaware.html
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Can Charter Schools Charge Tuition/Fees for Summer School for At-Risk Students?

6) How are charter schools funded? May a charter school charge additional costs for specific services?
Charter schools receive both state and local educational funds based upon student enrollment. Charter schools do not receive additional funding for facilities.
Charter schools must provide without cost extra instructional time for at-risk students, summer school and other services required to be provided pursuant to the state accountability laws.
Charter schools may not charge tuition, however, there may be select additional services such as before and after school care for which there could be a charge.
This information is courtesy the Department of Education Charter School FAQ - http://www.doe.k12.de.us/infosuites/schools/charterschools/Reports/charter_DECharterSchoolFAQ-Apr06.pdf  This document is required to be distributed to Parents/Guardians when they enroll their student in a Delaware Charter School.

If you were required to pay for summer school for your at-risk student or child who required ESY or Extended School year as part of their IEP or 504, I strongly urge you to contact the Delaware Charter School Office for clarification on the matter, (302)735-4020. 

Category: 9 comments

Clarity: Delaware's Legal Definition of Bullying and Who to Call!

(a) Definition of bullying. -- As used in this section, "bullying" means any intentional written, electronic, verbal or physical act or actions against another student, school volunteer or school employee that a reasonable person under the circumstances should know will have the effect of:
(1) Placing a student, school volunteer or school employee in reasonable fear of substantial harm to his or her emotional or physical well-being or substantial damage to his or her property.
(2) Creating a hostile, threatening, humiliating or abusive educational environment due to the pervasiveness or persistence of actions or due to a power differential between the bully and the target; or
(3) Interfering with a student having a safe school environment that is necessary to facilitate educational performance, opportunities or benefits; or
(4) Perpetuating bullying by inciting, soliciting or coercing an individual or group to demean, dehumanize, embarrass or cause emotional, psychological or physical harm to another student, school volunteer or school employee.

Sec. Murphy's Turnsover School Turnaround Unit... Bam!

Less than two years from its inception, the Delaware Department of Education's School Turnaround Unit, the poster child for the state's Award Winning Race to the Top Partnership Zone Education Reform Elixer (a.k.a The Koolaid) finds itself in Dover desolation, a wasteland of abandon, a sea three-deep of empty cubicles... 

Just weeks shy of a new school year, with two generations of PZ schools embroiled in reformity and oodles of focus schools submitting plans at the end of this month, DOE's go-to gals have...gone... Effective today, August 11, the Turnaround Chief, the last of the trio defects to whence she came, resuming employment in the CSD.  Dep. Holston resigned effective July 28thDep. Land's resignation was effective July 13th.


Rest assured, Educators, Sec. Murphy is up for the challenge of repopulating the STU, http://www.doe.k12.de.us/job/default.shtml,  Oh, Jazz, Man...

Hey Murph, you need to actually post the job openings if you want people to apply... But, don't take my word for it, ask Jack.


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New Law Will Help Parents Secure Needed School Services

From an Autism Delaware Press Release:  www.delautism.org

NEW LAW WILL HELP PARENTS SECURE NEEDED SCHOOL SERVICES!

At a little before noon today, it became DE law that schools must reimburse parents for the costs of expert witnesses and evaluations when the parents successfully prove that the school wrongly denied services to their child with a disability. Previously, even if successful, parents could spend thousands of dollars proving their child needed supports with no hope of recouping their costs. Here is Gov. Markell signing HB365 with Rep. Q. Johnson, the lead House sponsor, and Lt. Gov. Denn.

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Wisdom

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Delaware's Mayor Cupcake Runs for US Senate

I'm sorry, I'm not sure how anyone can look at Alex Pires' photo in today's paper and not see Ben...

Alex Pires, Dewey Beach's Ben Franklin Impersonator, Produces Mayor Cupcake, Runs for Senate

Two days ago, I stumbled upon "Mayor Cupcake" already in progress on Showtime.  Decent family fare for two kids on a hot summer day. Who doesn't love a movie about cupcakes?  Then I noticed to subtle references to Delaware - Bridgeville, scrapple, pumpkin chunkun', and the "lower slower..."

Imagine my surprise when I googled Mary C. Pires, the inspiration for Mayor Cupcake, herself - Mother of Alex Pires.  Al Pires is the preeminent Delaware resort bar phenom, spur in the side of Citizens to Preserve Dewey, and today, the lead story in today's News Journal as he's on the political attack to unseat Sen. Tom Carper.   Sen. Cupcake, anyone?

Since, Pires has a history of banning patrons of differing opinions from his establishments...I best not say too much more, but if you're interested in a silly little movie with an upbeat message - check out Mayor Cupcake - conspicuously missing from the NJ bio - it makes for a fun family flick...Might I suggest making cupcakes first?

Mayor Cupcake

Do cupcakes and politics mix? They do in “Mayor Cupcake,” the feature-length film in which a small-town baker brings her homespun smarts to the mayor’s office in Bridgeville and revitalizes the town.

Shot in Dewey Beach, Bridgeville and Georgetown, the movie stars Lea Thompson, of “Back to the Future” fame, as Mary Maroni, a.k.a. Mayor Cupcake. Thompson’s daughters are played by her real-life teenage daughters, Zoey and Madelyn Deutch, and her husband is played by Judd Nelson, star of many films, including the ’80s classic “The Breakfast Club.” -Much More Here   http://www.delawaretoday.com/Delaware-Today/December-2010/The-Producers/index.php?cparticle=4&siarticle=3



Will You Remove Barriers to Education?

Department of Education schedules public hearings on regulations
Release Date: Jul 19, 2012 9:30 AM ShareThis
http://www.doe.k12.de.us/news/2012/0719.shtml

The Delaware Department of Education will be holding three public hearings next month to gather public comment on regulations under Governor Markell’s Executive Order 36, a statewide review by all agencies to identify and remove regulatory hurdles. The order requires agencies to solicit input from the public to identify regulations adopted three years ago or more for possible modification or elimination.

This is an opportunity for the state’s education community to come together and promote the necessary conditions for our students’ success.

“Our goal is to remove burdensome barriers to ensure a singular focus on our state's vision: college and career-readiness for every child,” Secretary of Education Mark Murphy said.
Do you have specific ideas about which regulations should be modified or eliminated? If so, we want to hear from you.

The department’s hearings are in the first round of agencies to take place as part of the review. Other agencies will be holding hearings throughout the next year. The DDOE hearings are scheduled for:

- Thursday, Aug. 9, from 6 to 8 p.m. at the University of Delaware’s Carvel Research and Education Center, 16483 County Seat Highway, Georgetown.

- Thursday, Aug. 16, from 6 to 8 p.m. at the Department of Agriculture office, 2320 South DuPont Highway, Dover.

- Thursday, Aug. 23, from 6 to 8 p.m. at the New Castle County Government Center, 77 Reads Way, New Castle.

Public comment also will be accepted through Oct. 1. Comments can be submitted at the hearings or online here. Full schedule of all agency hearings in the first round also is available here.
Executive Order 36 is a mechanism to review existing regulations and eliminate outdated, inconsistent, or regulations that no longer serve their purpose. After formal comment, DDOE will consider the input received and streamline or change regulations accordingly. A report on changes goes to the Governor and to the Delaware General Assembly in June 2012. Read more about the executive order here.
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Delaware DOE: World Language Program Prepares to Launch

                                                                
World Language Immersion Program Prepares to Launch 
Release Date: Aug 1, 2012 12:00 PM ShareThis

More than 340 Delaware kindergartners this fall will begin their study of either Mandarin Chinese or Spanish in an elementary immersion program and be able to continue that study into middle school, thanks to the launch of the Governor’s World Language Expansion Initiative.           
Youth in Asia and Europe typically begin learning additional languages as early as 5 years old.  click here for more - http://www.doe.k12.de.us/news/2012/0801.shtml
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Questions Dog Common-Test Development

Published Online: July 31, 2012

Questions Dog Common-Test Development

Light Summer Reading

Traditionally, summer was a quiet time, back when disgruntled school board members tic'd off the days 'til the State Board would vote to lift the embargo on DSTP/DCAS data.  Not so, the last two years...for the bloggers and reporters.  When I was a journalism student, a wonderful and revered professor at the University pointed out that when a scandal involving the great name of the University occurred, the resolution would come during the summer months, when the impact would be least to the school's reputation.  Fewer eyes to read the local paper bodes well for brick and morter institutions of higher learning.  And so it seems, more and more K-12 schools have taken the same course.

Adversity doesn’t develop character as much as it reveals character.
 Dr. Tony Baron, The Art of Servant Leadership

Most of the corruption and disruption in the corporation is the result of leaders’ failure to lead themselves.
— Dr. Tony Baron, The Art of Servant Leadership

Trust is a function of two things: character and competence. Character includes your integrity, your motive and your intent with people. Competence includes your capabilities, your skills, and your track record. Both are vital.
— Stephen M. R. Covey, Speed of Trust

Courage never takes away fear; courage simply redistributes fear to get the job done.
— Dan B. Allender, Leading with a Limp
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Update: Because You Say It, Doesn't Make It So!

I've been asked for the back story of this statement -  So, I offer the following post (original tome) which first ran on September 16, 2009. Gleam from it what you think you need.  And remember, if it wasn't in writing, it wasn't motioned, wasn't seconded, and wasn't voted upon - It never happened.  Just because the voices in your head say it - doesn't mean it's true.

Ground Rules
Sep 16, 2009
By Elizabeth Scheinberg
 
There's a saying in the health care industry that folks from direct care givers to management live and breathe by. Million dollar lawsuits have been won and lost on eight easy words; If it wasn't written down, it didn't happen!

Incident reports, the distribution of meds, doctors notes, care plans, etc. I could tell you that I gave Mrs. Wilson her prescription every day for the last year. And you might believe me. Or I can give you a log of the dates, times, and doses and suddenly my word takes on new meaning.

Though I left a career in health care many years ago, I continue to practice this philosophy in every facet of my professional life. And I've found that the implication of those eight words translates well into my role now as school board member. If you have a plan, write it down. If you have results, don't just tell me. Show Me. If you have policies and procedures, they need to be in writing because the unwritten rule is the one that seldom gets enforced uniformly and with fidelity.

The flip side to this coin is that it implies that I lack trust in our system. But, it is not an issue of trust as much as it is one of accountability. It's not about people, it is about climate, system change, function, and value. It is very much about evidence-based practices, best practices, data-informed decisions, common sense and compassion.

I have reached a point in this journey where I have had to ask myself very some difficult questions. While running for this position, I publically urged both our state and district-level educational leaders to make bold decisions, to move away from an era of what appeared to be rubber-stamping, and to start questioning everything, to build policy that promoted growth, and to back-up their good intentions with results.

Ultimately, I have to be able to sleep at night. I have to know that I have considered and valued the balance between what is right for our tax payers with what's good for all of our students. The breadth of my experience is minuscule compared to that of some seasoned board members and I respect that. I am guided by an awareness that history can and does repeat itself, a strong strength in my convictions, and a dedication to both students and constituents.

And, in the end it will always come back to these eight words, If it wasn't written down, it didn't happen.

Mitt Saved the Olympics? And Hannity is a God...

I am really disappointed to see the Olympics interspersed with athletes touting Mitt Romney for President.  Kind of Classless, if you ask me. 


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FOIA Update and Pencader Hires New Counsel

Ms. Beukema-Scheinberg:
We sent your complaint to the Pencater directors and their then-legal counsel and received no response. As you probably know, that counsel has withdrawn his representation and Pencater just yesterday retained new counsel. We are forwarding your complaint to her for Pencater’s response and are asking for the response in ten business days.
Best regards,
Kent Walker
Deputy Attorney General
Delaware Department of Justice
820 French Street, 6th floor
Wilmington, Delaware 19801
Ph. 302-577-8306
Fax 302-577-6630
kent.walker@state.de.us

Confidentiality Notice: This electronic message and any attachment(s) are confidential and may be subject to the attorney/client privilege or work product immunity, or both. This e-mail is only for the use of the intended recipient(s). If you have received this e-mail in error, please notify the sender immediately by replying to this e-mail, then delete this message and any attachment(s) from your system. Any unintended transmission expressly shall not waive the attorney/client privilege or any other privilege.

It has been reported to me that Pencader's new counsel is Adria Martinelli of Young, Stargatt, Conaway, and Taylor.

From http://www.youngconaway.com/adria-b-martinelli/
Adria counsels and represents employers and management on a wide range of labor and employment matters. She specializes in the defense of employment discrimination lawsuits, including Title VII, ADEA, ADA, FMLA, and retaliation. Her litigation experience includes state and federal lawsuits, labor arbitrations, and administrative proceedings involving discrimination and harassment, retaliation, and common law claims. She served as first chair in a federal bench trial including discrimination and retaliation claims, in which all claims were dismissed against her client.

In addition, Adria counsel employers on a broad spectrum of employment-related topics such as employee discipline and termination; internal complaints and investigations; employee leaves of absence and absenteeism; and employment policies and handbooks.

Adria is a regular speaker on employment-related topics. She has presented to national audiences on Family/Caregiver Discrimination and Pregnancy Discrimination, and the Genetic Information Nondiscrimination Act (GINA). She also trains individual employers in various areas of employment law, including sexual harassment, performance evaluations and documentation, and exceptions to at-will employment.
In addition to employment law topics, Adria has litigated and counseled on Delaware’s procurement laws and Freedom of Information Act.
She serves as an editor of the Delaware Employment Law Letter, the only monthly newsletter in Delaware written exclusively for Delaware employers. She is also a regular contributor to the Delaware Employment Law Blog and a guest blogger on the Sloan Work and Family Research Network Blog.

Memberships and Affiliations

  • Who's Who in Work and Family, Sloan Work and Family Research Network (Boston College)
  • Delaware State Bar Association, Labor and Employment Section, Member
  • American Bar Association, Labor and Employment Section, Member
  • Delaware Office of the Child Advocate, Guardian ad litem (2003-2004)
  • Family & Workplace Connection, Board of Directors, Member (2006-2009)

 
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Contact Info for the Pencader Board of Directors

But, don't worry, we've mananged to put most of it together...

Pencader Board of Directors
Abraham Jones  abraham.jones@comcast.net;
Daphane Davis  learninglinkage@gmail.com;
Jemuel Anderson jay.anderson@pcs.k12.de.us;
Judi Kennedy judi.kennedy@pcs.k12.de.us;
Kim Clemmons kim.clemmons@va.gov;
Steven Quimby steve.quimby@pcs.k12.de.us;
Vincent DiMauro, President of the Pencader Board vdimauro@integrateglobally.com
Charles Evans - Unable to Find an Email for Mr. Evans.  If you know it, please drop it in the comments below...

I believe we may be missing one board member - please let us know who we may have left off the list...

And Board, please direct Adam Lewis to update your website! 





241 - The Business Definition of Profiteering and a Class A Misdemeanor

Definition

Disproportionately large or grossly unfair profit, generated often through manipulation of prices, abuse of dominant position, or by exploiting a bad or unusual situation such as temporary scarcity. There is usually no governmentalcontrol over profiteering unless it involves illegal means.


Read more: http://www.businessdictionary.com/definition/profiteering.html#ixzz22A9kjSWU

A public servant is guilty of profiteering when, in contemplation of official action by the public servant or by a governmental entity with which the public servant is associated, or in reliance on information to which the public servant has access in an official capacity and which has not been made public:
(1) The public servant acquires a pecuniary interest in any property, transaction or enterprise which may be affected by the official action or information; or
(2) The public servant speculates or wagers on the basis of the official action or information; or
(3) The public servant aids another person to do any of the foregoing acts, intending to gain thereby a personal benefit.
Profiteering is a class A misdemeanor.
11 Del. C. 1953, § 1212; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;

UPDATE - Thanks for the tip TC on the sentence for misdemeanors!

§ 4206. Sentence for misdemeanors.

(a) The sentence for a class A misdemeanor may include up to 1 year incarceration at Level V and such fine up to $2,300, restitution or other conditions as the court deems appropriate.
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