Program Placement Issue Done for the Year

As last year, this year the superintendent refused to follow the program placement policy and the board refused to enforce it. I've gotten the message that the Board will not make any effort to encourage the superintendent to reveal her procedure for making program placement decisions. In short, the superintendent doesn't care about policy and neither does the board.

I guess there's always next year.


The program placement process used to be secretive, dishonest, political, and corrupt. It was so secretive that no one on the Board knew how it was done. When the Board discovered how program placement decisions were made, in 2007, they were disgusted by the corruption. So they adopted a policy to govern it and clean it up. The policy required transparency and a performance report. The Board didn't want to put even a toe over the line between governance and management, so they re-affirmed the superintendent's authority to unilaterally decide program placement. They also made sure not to constrain the superintendent in how the decisions were made. They only required that the superintendent disclose the process. The thinking was that if they could end the secrecy, that would end the dishonesty, politics and corruption. They could be right.

Dr. Goodloe-Johnson never really followed the policy. Dr. Enfield never followed it at all.

For all of her high-minded talk about transparency, Dr. Enfield refused to provide the transparency required by policy. She has adamantly refused to disclose her process for making program placement decisions. And she has made them, a lot of them - dozens of them. She has made decisions about alternative programs, service programs, ELL programs, special ed programs, and advanced learning programs. She made dozens of them last year and she made dozens of them this year. We don't know how she did it, however, because she has kept her process absolutely secret. Dr. Enfield refuses to disclose her process for making program placement decisions, despite the fact that Board policy requires her to disclose it and despite the fact that her self-proclaimed commitment to transparency would require her to disclose it. As a result of the secrecy, the process is, once again, dishonest, political, and corrupt.

And the annual reports? We never saw them. There were notifications, but nothing like the reports that were required by the policy.

The Board has a duty to enforce policy. The Board, however, refuses to do their duty. I kvetched at them for about six months last year to do their duty. In the end I was told, off the record, that there were special one-time-only reasons that the policy couldn't be followed that year (reasons that could not be explained) and that it simply wasn't a priority for the Board to enforce it. I was told that the superintendent would follow the policy this year, and the board would enforce it if she didn't. I suggested that the honest thing to do, in that case, was to suspend the policy. Director Sundquist, to his credit, was starting that process when he lost his bid for re-election. At the December meeting of the Executive Committee, Board President DeBell specifically asked the superintendent if she would be able to follow the policy this year and she said that she would. Therefore, they decided, there was no need to suspend it.

So here we are and the superintendent did not follow the policy this year either, despite her duty to do so and despite her statement that she would. And the board is refusing to enforce it this year as well, despite their duty to do so and despite their effort last year to get me to believe that they would. I will, once again try to get them to suspend the policy, but I have little hope that they will bother. I'm in a familiar position for anyone who works with Seattle Public Schools. They did something wrong, but they promised that they would do it right next year. Then, when next year came, they still did it wrong, but they, once again, promised that they would do it right next year. Next year, none of the people who made the promise that they would get it right this time will be around. No Dr. Enfield, no Noel Treat, no Cathy Thompson. Here's a weird thing: believe it or not, people have tried to assure me that Dr. Enfield will do it right next year. Yes, despite the fact that she won't be here next year. They are so accustomed to the story that they can't stop saying it even when it is unquestionably false.

But what can I do? Nothing. In the end they have the option of breaking all the rules and all the promises. This is the moment when I have to come face to face with the absolute futility of all of my efforts. In the end they have all of the power and all of the authority. There is nothing I can do to compel them to follow their own policies. The Ombudsman won't help - this isn't his department. Customer Service won't help. The Ethics Officer won't help. Not even the Courts will help since the District cannot be legally compelled to follow their own policies. This is the bleak reality that all school activists face. In the end, you have no power, no voice, no vote. You don't matter. Your concerns don't matter.

Is it any wonder that the District has never bothered to keep any promises to any community? Why should they? Consequently, is it any wonder that the community distrusts the District? Even when the District runs one of their brief periodic efforts to "restore trust" (don't you have to have had once to restore it?), they won't actually do anything to earn the trust; they only talk about how much they want it. This is the District's Way. This is their culture, their standard operating procedure, their Tao. It is bred in the bone for them.

Mr. Banda is coming and he wants to earn our trust. I don't think he knows what an uphill struggle that will be, and I don't think he could guess how lonely it will be. There won't be anyone on the board or on the staff making that walk with him. Worse, they will be undercutting his effort at every opportunity.

Comments

Patrick said…
What can the Board do, fire her?
Charlie Mas said…
Patrick raises a sharp point.

What can the Board do to manage the superintendent. They don't really have any tools. If this superintendent - or any superintendent - chooses to violate policy, what can they do?

They can give a poor performance review.
They can choose not to extend the contract.

Nothing, short of firing, has much impact, and there's a pretty significant barrier to firing the superintendent. Yes, we just saw a superintendent get canned, but it was a really rare event. And Dr. Goodloe-Johnson was working to get fired for over three years.

Let's remember that she wasn't fired for the singular event of the scandal around the RSBDP, she was fired for a long series of lies that eroded the board's trust in her. The RSBDP was just the last straw.

I suspect that Raj Manhas was getting close to being fired for thwarting the Board's every effort, but they aren't going to fire a superintendent for failing to follow a policy or two.

So superintendents are pretty much free to ignore the board and the policies - just so long as they don't push so far that they get fired.
Jan said…
Now, THERE is a quixotic moment. Sort of like when your teenage kid flounces out of the room, goes to his room, and bangs the door shut -- and you shout after him "Go to your room, young man, and STAY there!"

Somewhere, there is probably a really interesting debate, or lecture series, on what the governed are to do when those in power simply refuse to follow their own rules. But I don't want to have it.

Here is what I think we need -- and it starts with voters and citizens and parents -- and will take both time and a superintendent who values community trust and engagement (really values them -- for their intrinsic worth, not because they make his day-to-day life less of a headache, or because using them as a soundbite curries favor with folks).

The board COULD fire a superintendent who refuses to follow policies that she has been instructed to follow (as long as there is no contract out there that restricts this -- of course, there shouldn't be such a contract, but I think there has been at least one, MGJ's, that stated that she was to be evaluated solely on her execution of her strategic plan (which of course, provided virtually no accountability for her. As a historical note, this is why it was so important to NOT renew the contract that last year, but they did anyhow -- I digress.

The real problem is that there need to be things way short of firing a superintendent for these sorts of things. Otherwise, it is like the US relationship with Iran or NK -- if the only option you have is outright battle, lots of bad behavior flies around, because people don't want to use the BIG remedy for medium or small problems.

We desperately need to elect directors who understand that we care about governance through the careful creation, implementation, and execution of board policies (with the understanding that district management -- within the confines of those policies -- is the Supe's job, not the Board's). AND we need a Superintendent who wants true Board governance (rather than Board evisceration) to succeed, and thus is willing to help craft such policies (so they work for his or her management systems and styles) and is willing to help this District create a culture of "compliance with laws" by faithfully adhering to policies (including deliverables -- such as annual reports) OR by a public discussion of why those laws aren't realistic and need to be changed.

If a policy says that X will happen, and that annual reports tracking it will be made by the Superintendent -- and then staffing gets whacked and that is less important for remaining staff to do than other stuff -- the Supe needs to come to the board and request amendment to, or suspension of, the policy. That way, the board votes -- they remain accountable to the citizens and school families at the policy level -- and life goes on.

But to blatantly ignore policy -- at both the Superintendent level AND the Board level -- Charlie is right. It is inexcusable; and it utterly breaks faith with the families and other voters in the District who entrusted District governance to the Board members. They need to step up on this. They are totally capable of doing this. They just need to do it. Now -- BEFORE the capital levy is upon us, and them.
Well, the Board has to approve the budget so if I am reading Jan correctly, cut the staffing/budget.

Refuse to vote yes on the budget.

Express your unhappiness in a simple sentence in public at a Board meeting:

"I am disappointed to see no annual report on program placement as Board policy directs the Superintendent to do. It makes my job as an elected Director more difficult to do and makes me less accountable to voters."

The end.

Any superintendent would get that message.
Anonymous said…
Simply tired of holding someone hostage for another's mistakes. Mr. Banda deserves our full respect, support and trust - until he gives us reason to do otherwise. We will never be able to move forward if we continue to carry the baggage of Enfeld, MGJ and Manhas for crying out loud!

Simply Tired!
Linh-Co said…
SPS has promoted a culture of non-compliance. Nothing happens to anyone when policies are violated.
Patrick said…
What parts of the budget could the board cut that wouldn't harm the kids? If there are such parts of the budget, maybe they should be cut anyway, not just as a show of unhappiness.
Eric B said…
Who's left to hold accountable?

Enfield? MGJ? Kennedy? Cathy Thompson? Most everyone is gone. Yes, this is a time to start with a fresh slate. It would be great if one of the initial discussions Board Directors had with Banda started with "Look, the last people in this job just completely flouted several Board policies. I was very unhappy about it, and I hope that this changes in your administration."
dan dempsey said…
Let us not just apply this to the SPS....

"But what can I do? Nothing. In the end they have the option of breaking all the rules and all the promises. This is the moment when I have to come face to face with the absolute futility of all of my efforts. In the end they have all of the power and all of the authority. There is nothing I can do to compel them to follow their own policies."

Nor apparently is there much we can do to get the State to follow the Constitution article IX requirements as the Supreme Court took a bye on anything remotely resembling responsibility through 2018 for the state adequately funding education.

YES State has violated the rights of students by underfunding education but that is OK because in 2009 the state put a plan in place to adequately fund schools by 2018.... Huh????

So how is that going?

OSPI reports on annual revenue per student.
Total - federal - state - (percentage of funding from state)

2005-2006
$8248 - $802 - $5736 70%
2006-2007
$8752 - $808 - $6137 70%
2007-2008
$9344 - $824 - $6632 71%
2008-2009
$9928 - $1304 - $6648 67%
2009-2010
$9754 - $1292 - $6400 66%

Some plan state funded 66% under first full year of plan.

Of perhaps even greater interest would be the linked table from the US Census folks on States ranked by school funding in 2008-2009.

The WA school funding lawsuit was modeled after successful legal action in NY state and Wyoming ... note that NY and Wyoming are #1 and #2 in school revenue from state sources at $15,169 and $12,286
.... while WA state was at $5,447 (yup this does not match the OSPI numbers .. but close enough for government work).

===========
When it comes to following any rules for public education, the WA Supreme Court shows us all that rules including the WA State Constitution just DO NOT MATTER...... so as to SPS policies and the Board ... like who cares .... and as for the Superior Courts and Appeals Courts ... well the have the Supremes for role models.
Patrick, it's hard to say what should be cut because the budget isn't as transparent as it should be.

I might start with the travel budget and just say that the district cannot afford to send anyone (or send fewer people or Skype) for conferences.
Charlie Mas said…
@Patrick, The board doesn't really control the budget as you might suspect (or as they might suggest).

In truth, the board only approves the total appropriation. They have no control over the line items (other than contracts that require their approval). So the superintendent can show the board any kind of budget that she wants and then go ahead and spend the money any way she wants.
Charlie Mas said…
Another problem with the turnover at SPS is the unfortunate fact that all promises made by SPS officials are personal, not institutional.

That means that if Dr. Enfield ever promised anything that promise is from her, not the District, so the promise expires when she leaves. The next superintendent is under no obligation to keep her promise.
Jan said…
I guess we could hope the Board will try to exert pressure through some mechanism that was never meant to bear the load (like refusing to adopt the budget) -- but it has the same odor about it to me that the "we won't raise the debt limit without huge spending cuts" debacle in Congress had last year -- where it is CLEAR that the spending cuts needed to be part of a spending/budget debate, not a debt limit vote.

I think what is needed is much deeper, more systemic change -- and it starts with the Board (and with us, who voted them in) at a deeper, background level. I think we need to begin engaging the Board (and EVERY board candidate) early on about a culture rooted in compliance with policies (the equivalent of "respect for laws"). They need to stress it with superintendent candidates; and they need to assure superintendents that they will work proactively with them to figure out how to work the budget and staffing so that meaningful policy compliance can and does take place.

Frankly, I believe that some of the misbehavior that goes on in the "lower levels" of SSD administration is a result of the major disrespect for policy compliance at the top levels (by the Superintendent and by the Board). Why should a lower level administrative assistant worry -- on a moral, character level -- about failure to document things, failure to keep accurate records, failure to report misuse of District funds or assets or similarly sketchy behavior -- when it is glaringly obvious that rules are for fools, and those above them with power and influence ignore them at will?

If the Board members have any common sense (and if Mr. Banda REALLY wants to change District culture to one of competent, law abiding, responsive management that supports schools), they need to sit down, from the get-go, take a frank look at the amount of policy non-compliance going on, and do the following:

1. Figure out what things are late, etc. -- and come up with a list of what can be provided, and by when, and formally "waive" or "suspend" everything else for the first year;

2. Figure out what frankly cannot be accomplished with current staffing levels, and either kill those policies (better to have no law than one that is routinely ignored) or suspend them until Mr. Banda can figure out whether there is a way to restore some staffing to certain functions or otherwise meet the requirements of the policy, and THEN reinstate it.

3. Involve families and voters. There are huge amounts of work that could be accomplished by groups or committees comprised largely of volunteers with a few staff. There are also a lot of good ideas that could come from groups looking at the disconnect between policy requirements and resources, and figuring out whether there are better, cheaper ways to accomplish something than what the current policies require.

But for the overall health of the District, the Board needs to grow up and take its governance role seriously. And Mr. Banda needs to use his "honeymoon" to insist that they do so -- so that HE can manage well. It may seem like more work in the short run, but if he ends up with a management team that respects and takes policy seriously, and works hard to try to comply with policy, he will be miles ahead of his predecessors.

And -- our kids are watching, and learning, from what we do (or don't do).

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