Patton: Still a long road for Ky. education

Yesterday's history forum is now history. Whew. Many thanks to many folks for their participation. The associated press covered the event and posted this story.

This from the Houston Chronicle:

Education reform in Kentucky has come fast and furious in the past 20 years, but the state's public schools still have a long road as they embark on a new path, former Gov. Paul Patton said Thursday.

"We have made tremendous progress," Patton told an audience of education officials and educators at Eastern Kentucky University. "But we started at a very low point."

Patton, governor for two terms from 1995 to 2003, was instrumental in creating Kentucky's community college system. He is now president of the University of Pikeville, formerly Pikeville College.

He was the keynote speaker at a forum looking at the history of education in Kentucky that also featured school experts, lawmakers, superintendents and the president of the state's teachers' union. 

His speech, like much of the discussion, heaped praise on the 1990 Kentucky Education Reform Act, which overhauled the state's school system, as the foundation for a new set of reforms that began this school year. Senate Bill 1, enacted in 2009, required educators to do away with some KERA mandates such as writing portfolios and certain assessments and focus instead on a new set of criteria designed to ensure passage of benchmarks for college and career success.

Patton said Kentucky historically lagged behind in public education because the state's earliest settlers were farmers and coal miners who lived in isolation and whose livelihoods did not depend on education. The state's earliest education champions spent decades trying to initiate meaningful reforms, but their pleas fell on deaf ears, he said.

"That legacy haunts Kentucky today," Patton said.

Kevin Noland, former deputy commissioner of the state Department of Education, said KERA transformed public education into a system that focused on the end result, rather than on "bean counting" such items as how many hours were spent on a particular task. He and others also praised KERA's creation of school councils that make on-site hiring decisions, public preschool programs and Family Resource Centers, which assist low-income students with things like new shoes and school supplies.

He reminded the audience that there was no "magic bullet," and that KERA had been tweaked over the years.

Teachers received considerable praise for being on the front lines of education reform.

"People are working their fingers to the bone," said Stu Silberman, former superintendent in Daviess and Fayette counties and now executive director of the nonprofit Prichard Committee for Academic Excellence. "It's a complex issue. Educating our children is extremely complex."

State Rep. Ruthanne Palumbo said teachers do much more than teach; they play the roles of social worker, pastor and nurse for their students.

"The toughest job is ... being a teacher," she said. "I cannot imagine what full-time teachers experience," Palumbo said.

"I think sometimes ... (teachers) take a hard rap because teaching and learning is not where it should be in this state," said Sharon Oxendine, president of the Kentucky Education Association.

But she added that after "governor after governor after governor would propose" school reforms, the state has been focused like a laser for the past two decades on making lasting improvements.

"It will take a few generations to make that become a reality," she said.

Noland said in the future, he sees teachers playing more of a "coaching" role, guiding students who come up with their own projects to learn their lessons.

Terry Holliday, commissioner of the education department, reiterated his message that the state is entering a new era in public education.

"The challenge for the next 20 years is the same challenge we had for the last 20 years," Holliday said.

He added that specifics of the latest reforms are still being hammered out, saying he had an afternoon conference call with lawmakers to discuss how some subjects, such as arts and humanities, will be measured under the new system.

The EKU forum was organized around a new book, "A History of Education in Kentucky," by EKU history professor emeritus Bill Ellis.

And this was posted the day before at the Washington Examiner:

Forum to look at history of education in Ky.

As Kentucky's public schools embark on new reforms this year, a forum at Eastern Kentucky University will look at the history of education in the state.

The forum is scheduled for Thursday on the EKU campus in Richmond.

It will feature state education leaders, historians and journalists. Also on hand will be Bill Ellis, foundation professor emeritus of history at EKU, who recently released a book on the subject.

Among those expected to speak will be former Gov. Paul Patton, who is now president of the University of Pikeville; Bob King, president of the Kentucky Council on Postsecondary Education; Terry Holliday, Kentucky's commissioner of education; and Stu Silberman, former Lexington schools superintendent and now executive director of the nonprofit education group the Prichard Committee.

Beshear Submits Application for $651 Million in State Fiscal Stabilization Fund

Funding will help reduce cuts

to state government and key priorities of

education, health care and public safety

FRANKFORT, Ky. (June 30, 2009) - Governor Beshear today, along with interim Kentucky Department of Education Commissioner Kevin Noland, submitted Kentucky’s application to the U.S. Department of Education for the State Fiscal Stabilization Fund through the American Recovery and Reinvestment Act (ARRA).

The fiscal stabilization portion of Kentucky’s ARRA funding is set to provide support for elementary, secondary and public higher education, as well as additional areas of governmental operation, including public safety. A total of $651 million is available to Kentucky from this Fund. Nationally, the ARRA provides $53.6 billion in grants to states to preserve funding in education and other priority areas.

“The State Fiscal Stabilization Fund dollars are a necessary part of addressing the massive budget shortfalls we face over the next couple of years, especially in crucial areas of K-12 and higher education,” said Gov. Beshear. “It is critical that we obtain Kentucky’s full share of the federal stimulus package so we can continue to best manage these trying economic times.”

55 percent of the funds will be used to fund gaps in the budget for FY10, while 45 percent will be held for FY11’s projected budget shortfalls. This funding is a key component of the budget balancing plan for FY 10 recommended by Governor Beshear and adopted by the General Assembly in the special session that ended last week.

As part of the application, states commit to continuing progress on four areas of educational reform. These include enhancing teacher effectiveness, improving the collection and use of data in educational settings, enhancing the quality of educational assessments and providing support for struggling schools.

32 states to date have been approved for funding through the stabilization fund.

SOURCE: The Gov

Governor's Office Verifies Statement on School Councils

It took some lawyers hunting for it, but this morning Jay Blanton with the Governor's office informed KSN&C that they found the regulation that verifies Education Cabinet Secretary Helen Mountjoy's assertion that,

"Every school in KY which is meeting the learning achievement goals set for it can apply and receive a waiver from any state regulation other than those mandated by federal statute, those concerning health and safety and those concerning the state’s system of assessment and accountability."

Working with KDE and the Governor's office, at some length yesterday, KSN&C tried to verify the claim but was only given KRS 160.345 which governs school council configurations; and KRS 156.072 which grants some waivers from reporting requirements if the local superintendent goes along - nothing that verified the statement above.

KDE spokesperson Lisa Gross told KSN&C that "neither Kevin Noland nor any other staff recall any districts asking for waivers under KRS 156.072 since it was enacted in 2000."

This morning, however, the governor's spokesperson, Jay Blanton, sent along a little "more info" in the form of KRS 156.160. It would seem to this non-lawyer that they found what they were looking for all along.

KRS 156.160 deals with the "Promulgation of administrative regulations by Kentucky Board of Education" Voluntary compliance and Penalties. At section Two, it reads,

(2) (a) At the request of a local board of education or a school council, a local school district superintendent shall request that the Kentucky Board of Education waive any administrative regulation promulgated by that board.

Beginning in the 1996-97 school year, a request for waiver of any administrative regulation shall be submitted to the Kentucky Board of Education in writing with appropriate justification for the waiver. The Kentucky Board of Education may approve the request when the school district or school has demonstrated circumstances that may include but are not limited to the following:

1. An alternative approach will achieve the same result required by the administrative regulation;
2. Implementation of the administrative regulation will cause a hardship on the school district or school or jeopardize the continuation or development of programs; or
3. There is a finding of good cause for the waiver.
(b) The following shall not be subject to waiver:
1. Administrative regulations relating to health and safety;
2. Administrative regulations relating to civil rights;
3. Administrative regulations required by federal law; and
4. Administrative regulations promulgated in accordance with KRS 158.6451, 158.6453, 158.6455, 158.685, and this section, relating to measurement of performance outcomes and determination of successful districts or schools, except upon issues relating to the grade configuration of schools.

(c) Any waiver granted under this subsection shall be subject to revocation upon a determination by the Kentucky Board of Education that the school district or school holding the waiver has subsequently failed to meet the intent of the waiver.

Good. That clears that up.

In practice, it's nowhere near apparent that this approaches the kind of flexibility to waive regulations and board of education policies that would typically be offered charter schools. But Gross says, "Districts have asked for waivers of provisions of regs, which they can do under KRS 156.160" and that was the case with the example Gross cited yesterday regarding Ft. Thomas and the approval of common transportation carriers.

Now the state is only left with the larger problem of getting Education Secretary Arne Duncan to see things that way, from his point of view. And that doesn't appear to be happening.

BOARD NAMES NOLAND AS INTERIM EDUCATION COMMISSIONER

(FRANKFORT, Ky.) – At its retreat today, the Kentucky Board of Education selected Kevin Noland to serve as interim education commissioner. Noland will serve during the time between the departure of current Interim Education Commissioner Elaine Farris and the selection of a permanent commissioner.

The board is in the midst of the search process for a new commissioner, and Greenwood/Asher & Associates, Inc., of Florida is conducting the search. The timeline will culminate with the hiring of a new commissioner in August.

Farris, who has served as interim commissioner since the retirement of Education Commissioner Jon Draud in December 2008, has accepted the position of superintendent of the Clark County school district. She will begin her new duties on July 1.

Noland retired from the Kentucky Department of Education in 2008. He served as legal counsel, associate commissioner and deputy commissioner during his employment. Noland also served as interim commissioner three times previously.

Details, including salary and benefits, of Noland’s employment have not yet been finalized.
The board also took action on two additional items during its retreat:
· agreed to move school council authority at Two Rivers Middle School in the Covington Independent school district to the superintendent of the district
· gave approval to 703 KAR 5:080 (emergency and ordinary versions) to implement revisions required by Senate Bill 1
· agreed to insert language in the Kentucky High School Athletics Association’s Bylaw 33 that would prevent a member school, student, coach or administrator from being punished or sanctioned if a student is allowed to play in an athletic contest or practice with a team if a court order permits the student to do so

The board’s next regular meeting is June 10-11 in Frankfort.

SOURCE: KDE press release

Old Business: KBE Settles Suit, FCPS Testing Allegation Resolved

A couple of old stories quietly wrapped up recently.

KDE Settles Suit with Ray & Associates

While we await the naming of the new search firm to help the board of education find Kentucky's next education commissioner...

You will recall that the state refused to pay bills submitted by Ray and Associates of Cedar Rapids, Iowa, the consulting firm that conducted a failed education commissioner search that produced Barbara Erwin.

State officials said the consulting firm conducted an "unsuccessful and discredited search" marred by a lack of thoroughness and accuracy in checking the candidates' backgrounds.

Former interim Commissioner Kevin Noland wrote to Ray & Associates President Gary Ray, noting the Board's initial payment of $15,030.44 but withholding the $33,734.77 balance.

According to KDE spokesperson Lisa Gross, late last year, KDE "settled with the company for $25,500, which is actually less than was owed to the group. This amount was agreed upon by both KDE and Ray & Associates."

FCPS Testing Allegation Upheld, Resolved

One spin off of the testing allegations brought against former Booker T Washington Academy Principal Peggy Petrilli involved an allegation being made against a FCPS director.

District Director, Fabio Zuluaga reportedly came into a classroom minutes after students completed the day's testing and began looking through student test booklets. The classroom teacher reportedly advised Zuluaga that it was a violation of testing protocols but according to the report, Zuluaga stated that he was “checking for completion” and continued to look through the booklets.

FCPS did not respond to a KSN&C request to address the accuracy of this report.

The teacher reported the event to the Building Assessment Coordinator who reported it to the District Assessment Coordinator. The district reported the violation to the state.

According to Lisa Gross, KDE "sent a letter to Stu Silberman in December" informing him that "The CATS Board of Review had determined that a violation of the Administration Code for Kentucky's Educational Assessment Program did occur."

Despite ignoring the teacher's warnings, the board of review found "that the violation was unintentional." Gross added, "since there was no evidence that any students gained testing advantages as a result, scores were not lowered."

"[Former] Commissioner [Jon] Draud recommend that Zuluaga participate in a minimum of three hours of Administration Code Training," Gross said.

Fayette County schools spokesperson Lisa Deffendall confirmed to KSN&C that "In accordance with the recommendations, additional training has been completed."

As KSN&C opined at the time, "a director flipping through test booklets, if full view of school faculty, staff and students, without a pencil, maybe ill-advised, inappropriate and embarrassing, but it does not rise to the level of a major violation. ... Refresher training for the director seems indicated and sufficient."

Increased pressure on school personnel to produce higher and higher numbers has proven to be counterproductive to the assessment system - which is being dismantled by the Genral Assembly at this hour. One wonders what impact testing violations, like this one, have had over time in undermining teachers' confidence in the CATS Assessment - and the public's confidence as well.

In Conversation With ...Kevin Noland

KSBA sat for a chat with outgoing KDE general counsel, former three-time interim commissioner Kevin Noland.

In Conversation With…features an interview between a leader or figure involved in public education and a staff member of the Kentucky School Advocate.

This month’s conversation is with Kevin Noland, Deputy Commissioner and General Counsel for the Kentucky Department of Education. Noland, who has been with the department since 1991. He has served three times as interim education commissioner, most recently from September 2006 through December, 2007. He is retiring July 31.

Q. You were in the interesting position of having helped draft the Kentucky Education Reform Act when you were with the Legislative Research Commission and then joined the department of education when it was being implemented. What was that like to be on both ends of this historic event?

A. It’s been a great experience to watch a massive change in education in Kentucky and be a part of helping to draft that and then being a part of helping to implement it. It has been amazing to me to see how hard people have worked and how successful they have been in trying to ensure that what we’re doing with education really makes a difference for the students and for Kentucky.

Q. Has KERA turned out the way you thought it would?

A. For the most part, yes. Any time you have a massive change and all the right intentions, there are unforeseen issues that require adjustments, and I think we should always be open to making improvements because we can’t anticipate all the potential issues and challenges that come with implementation. As knowledge is gained, as experience is gained, and as technology changes occur, I think the legislature and the department of education have been open to try to make adjustments when needed.

Q. If you had the chance, is there anything you would change now about KERA?

A. The one thing I would change is to ensure that there are adequate resources for teachers, administrators, local school boards and others to deliver the educational opportunities and to meet the needs of each child to reach his or her potential. I think originally one area that was not adequately funded was professional development for teachers, administrators and others to be able to learn, internalize and use the kinds of changes that were called for in KERA. It took several years for some initiatives to be institutionalized in our schools and school districts, and more money for professional development would have helped that.

Q. What has it been like to come to the department as general counsel and wind up serving three times as interim commissioner?

A. It has been an interesting learning process and quite a challenge. I feel like I have been the lucky one, getting to work with so many people who are dedicated to teaching and learning. I have seen over the years definite improvement in the function of school districts as well as the skills of the people in each role. Whether it be a teacher, principal, superintendent or local school board member, I have seen a change over time for the better. And what you hear discussed these days are issues related to student learning as opposed to other issues that we as adults can focus on sometimes.

Q. What has been the best thing about serving as interim commissioner and what has been the most challenging?

A. The best has been being able to serve in a role in which I could try to have an impact for the better for students and for school districts around the state. The most challenging has been to keep the focus on the most important issue, which is getting all students to proficiency and beyond and prepared for success, because we are often faced with putting out fires and being reactionary. It’s always a challenge, whether you’re a superintendent, school board member, a teacher, or an interim commissioner of education, to try to keep the focus and the majority of your attention on what moves us forward with student learning.

Q. In recent years there have been a number of retirements in the department, which has been a tremendous loss of experience, expertise and institutional memory. How has the department handled that challenge?

A. In the summer of 2007 we had quite a bit of turnover and several new people coming in, including three new associate commissioners and a new deputy commissioner. But all of these folks came with school district experience and have shown success in their roles in school districts. Those folks have a year under their belts, they have learned a lot and are great contributors. We are also facing quite a few retirements this year in the department and I think one of the most important things we can do is search out, recruit and hire the best people we can who have experiences that make a real difference for students in Kentucky.

With the budget cuts and having the challenge to replace persons as they retire, it is one of our major challenges because the people we have really make a difference although they have so much to do and with less staff. It’s critical that the new staff that we get on board have a short learning curve and are able to hit the ground running.

Q. Because of retirements, attrition and budget reductions, the department has had to streamline its programs. How have these reductions affected services the department can offer?

A. Over the last seven years I have seen a series of budget reductions in the department of education. In fact, when I came here in 1991 we had over 900 employees and now we’re down to around 640, which includes around 220 in our Kentucky School for the Blind and School for the Deaf.

We have seen a reduction in staff and yet over the years, we have had bills enacted
that require us to do more and more. The good thing about working here is that
we have a lot of dedicated people doing everything they can to help school districts to succeed.

The challenge has been that we are facing the reality that we can’t do it all. The last few cuts have seen us take a hard look at what we must give up, at what we can no longer do. That is a gut-wrenching process because when we get a call or e-mail wanting folks to do things, we want to help others, we want to do whatever we can. But we find ourselves in a position of trying to broker help from others and have found it very challenging sometimes to provide the direct services that we are asked to do.

Q. What is the department’s greatest need in terms of continuing to move students and schools toward proficiency?

A. I would say our greatest need is for more resources to enable highly skilled educators and other well-trained staff to be able to assist lower-performing schools and districts, especially the ones that have been low-performing for years. We need them to be able to go in and implement strategies we have found to be effective in high-performing schools and school districts.

That would be the greatest need because we know from early examples in Kentucky that getting students to proficiency is doable regardless of the challenges that are faced with certain students or certain areas of the state. It is doable, and we would like the resources to be able to provide more direct services in those lower performing schools and districts.

Q. How do you see the state of education in Kentucky today?

A. I feel great about what Kentucky educators and everybody involved in the process, including local school board members, have been able to accomplish since 1990. Kentucky used to rank near the bottom in a number of indicators. Just about a month ago, the Kentucky Long-Term Policy Research Center issued a report that showed that although Kentucky ranked 36th in the nation in per-pupil spending, the state ranks as high as eighth nationwide in the area of cost-effective educational spending. In other words, we are doing a lot with the money we have. With already tightened belts, we are making efficient use of the money we have. When you look at the indicators – NAEP, CATS, NCLB - Kentucky students have made significant gains in learning since the ’90s.

Folks are really focused, working hard and producing results and I feel good about it. I think our challenge is to continue and in some cases increase the momentum, and one of the biggest things we can do to accomplish that is to ensure there are adequate resources.

Kevin Noland Retiring as legal counsel to the Kentucky Board of Education

In Education Commissioner Jon Draud's Weekly Update, for the week of June 23, 2008 was this little item under "jobs posted"

• KBE-KDE Deputy Commissioner

When I first saw it I thought...Elaine?! Huh? So soon? What does that mean?

What I didn't realize, was that in addition to serving as the Kentucky Board of Education's attorney, Kevin Noland does double-duty as a Deputy Commissioner...and he is indeed retiring.

When one is "in the field," one gains certain understandings about the larger bureaucracy: which departments can't help you...and which departments represent the best and most reliable service. In my experience, Kevin Noland's department, including Anne Keating and others, had consistently produced trustworthy counsel. I always found them to be terrific; responsive, accurate, and pleasant to work with.

Noland's departure will leave a large void in "education law" and "institutional knowledge" for Commissioner Draud to fill. If he hasn't been KDE's spiritual leader as well, I'd be surprised.

KDE spokeswoman Lisa Gross says they don't plan a public announcement.

They should reconsider.

An author of House Bill 940 (The Kentucky Education Reform Act) there has been no one more knowledgeable about the the law's intent as expressed in legislation; and no steadier hand than Noland. Through the Kentucky Board of Education's various travails Noland provided cool counsel. He read the law. He understood the law. He followed the law.

Since 1991 when Noland first joined the Kentucky Department of Education, he has served as legal counsel, associate commissioner and deputy commissioner.

But his real value came as three-time interim education commissioner: once after Thomas Boysen (1995)...most recently spanning the gap between Gene Wilhoit and Barbara Erwin - and again Between Erwin and Draud.

Gross says, "He will be sorely missed -- his legal expertise and vast knowledge have been invaluable to the agency."

I know she's right.

Kentucky Schools to Feel Cuts in Education Programs

This from WBKO in Bowling Green: Video.

Last month a $19 billion dollar state budget was approved for the next two years. This included some cuts to education programs that will impact students and faculty.

"Right now, the state of Kentucky is in a financial budget crisis," says Allen County's Superintendent, Randall Jackson.

Budget cuts in some school programs in Kentucky could soon take a toll on faculty and students. "The biggest concerns are cuts to faculty and staff and also to services," says Jackson.

Such services include a $5.7 million dollar cut in the Safe Schools Program. "Which is money used by school districts to help find alternative schools for students who need help and the regular high school environment is not good for them," says Kevin Noland, deputy commissioner of Kentucky's
Department of Education.

It also includes an $18.6 million dollar cut in ESS, or Extended School Services.

"Which is after school tutoring for students needing help," adds Noland.

"Our ESS budget is being cut over 60 percent,” Jackson continued.

It also includes an $8.8 million dollar cut In Professional Development for teachers.

"That helps teachers stay current and improve in the work they're doing," Noland said. "So, our big concern is some of the services we've had in the past to better educate our teachers as far as in-service as well as programs like ESS, helping them catch up if they're behind in certain areas, will be effected.”

This has many educators worried about the next couple of years.

“School districts are feeling the squeeze and will be over the next two years as July 1st gets here," says Noland.

"We hope the best for the future and we're gonna’ do our best to educate our children, but the next two years, we'll be very tight in the state," Jackson said.

"That kind of thing can hurt the moral of teachers and students," concluded Noland.

The budget goes into effect on July 1st and educators say many school districts will be feeling the brunt of the program cuts by the fall.

DRAUD TO BE KENTUCKY EDUCATION COMMISSIONER

(FRANKFORT, Ky.) – During a special-called meeting today, the Kentucky Board of Education announced that it has selected Jon Draud as Kentucky’s commissioner of education.

Draud was one of four finalists for the position, which was vacated in November 2006. Kevin M. Noland, deputy commissioner and general counsel for the Kentucky Department of Education, has served as interim commissioner during this time.

“The board is very pleased with the selection of Jon Draud as commissioner,” said chair Joe Brothers. “He has been a middle and high school teacher, a school principal, a district superintendent, member of a local board of education and a legislator. Jon has won numerous awards in the positions in which he has served. The breadth and depth of his experience are evidence of his strong commitment to education, and he has received the support of our education partners, legislators and citizenry.”

“I applied for the position of commissioner because I am confident that I can provide the leadership necessary to accomplish the education goals of our Commonwealth,” said Draud. “I feel very well prepared for this position. Kentucky’s education stakeholders have offered tremendous support, and I feel a sense of urgency to rekindle the spirit of the reform movement of 1990 so that our schools can reach proficiency. Cooperation and collaboration will be the keys to our success.”

Draud is currently a state legislator, representing Kentucky’s 63rd District, and has been vice-chair of the House Education Committee since 1999.

He also serves as director of School/University Partnerships at Northern Kentucky University. Draud has served as an associate professor at NKU; superintendent of the Ludlow Independent school district; assistant superintendent of Lockland (Ohio) Public Schools; member of the Kenton County Board of Education; and a school principal and teacher.

He earned bachelor’s and master’s degrees from Eastern Kentucky University; a master’s degree from Xavier University in Cincinnati; and a doctorate from the University of Cincinnati.

Among his many honors, Draud is a 2007 recipient of the Paul Mason Legislative Advocate for Children Award, presented by the Kentucky Parent Teacher Association. He also served on the Southern Regional Education Board’s board of directors in 2005 and has served on many state government task forces.

The process to select a commissioner of education began when the board identified the desired characteristics of a successful candidate. A nationwide search was conducted to recruit candidates, and the board strongly encouraged Kentucky candidates to apply. The board solicited and received input from stakeholder groups, the general public and references. More than 50 applications were received, with approximately half from Kentuckians. The board narrowed the applicants to a list of semi-finalists, then selected four finalists for interviews.

Draud will begin work immediately, but his official start date has not yet been determined. His salary will be $220,000 per year, plus housing and relocation expenses. Draud will enter into a four-year contract with the board.

SOURCE: KDE press release.
Photo: Cincinnati Enquirer

Brad Hughes at KSBA reports, "His exact start date has not been set, as he must resign his position in the House of Representatives and wrap up a post he holds at Northern Kentucky University."

Background on Draud from Kentucky School News and Commentary.

KBE refuses payment to Ray and Associates, says botched search produced Erwin.

See at the bottom of this Post:

Kentucky School News and Commentary's

June interview with Dr. Gary Ray

~

Good job by Raviya Ismail this morning @ the Herald-Leader, reporting:

Search firm is refused payment
Consultant failed to do job

The state is refusing to pay bills submitted by a consulting firm that conducted a failed search for a new education commissioner earlier this year, and the two sides are fighting over the money in court.

State officials say the consulting firm, Ray and Associates of Cedar Rapids, Iowa, conducted an "unsuccessful and discredited search" marred by a lack of thoroughness and accuracy in checking the candidates' backgrounds...

Here's the search firm backstory from C-J and KSN&C and KSN&C's Barbara Erwin Timeline

On August 14th, Interim Commissioner Kevin Noland wrote to Ray & Associates President Gary Ray, noting the Board's initial payment of $15,030.44 but that the firm's "lack of thoroughness and accuracy," resulted in "an unsuccessful and discredited search," that cost the state seven months.

Noland then let Ray know that he could stop checking the mail for the $33,734.77 balance - it wasn't coming.

"We feel that because they didn't deliver a qualified successful candidate that they did not fulfill their end of the contract," Noland, interim commissioner and legal counsel for the board, said in an [H-L] interview yesterday. Ray and Associates "did not do a thorough vetting of the candidates that they recommended to us. It resulted in the problems that we had, and doing the search over."

On August 27th, Gary Ray responded by citing the firm's patience, professionalism and determination to get paid. Ray claimed they had "fulfilled all obligations" and even "exceeded usual and customary services by continuing to answer questions and inquiries submitted ...by the Board of Education even after the new commissioner was hired."

Ray asserted that the board conducted interviews, noted "extreme scrutiny by the media and many other entities," but the board hired her anyway. He stopped short of claiming that the extreme scrutiny came from Ray & Associates.

We feel we conducted a solid search, brought them good candidates and they made a choice," William Newman, national executive director of Ray and Associates told the Courier-Journal in late July.

Erwin's file included her application, resume, a reference sheet with eight names, a summary sheet from the firm and 16 letters of reference from former school board members, teachers and principals. None of the letters, nor any information in the summary report, contained criticism concerning Erwin's tenure.

Newman said the firm did not provide the board with any negative comments regarding Erwin because "there were not any negatives we had a real concern about."

In mid July, Mark Hebert had reported:

According to the Iowa Secretary of State's Office, the I.R.S. has a lien on Ray and Associates because the company has failed to pay more than $5700 in federal taxes. ... [An] Iowa state web site also shows that Ray and Associates was administratively dissolved in 1994 and hasn't been in good standing with the state of Iowa since then." Until Mark told them...they didn't know it!

But with some pluck, Ray & Associates filed suit in Franklin County Circuit Court to compel payment of $50,000 they say they earned. Gary Ray says he is defending the firm's reputation.

Civil Action # 07-CI-1527 (20 September) claims that Ray & Associates:

• entered into a personal service contract with the Kentucky Board of Education


• identified individuals who were qualified to be candidates for Education commissioner


• that on May 9, KBE appointed Barbara Erwin


• that KBE made the first payment but 33,734.77 is still due


• that KBE has breeched their contract


• that Ray & Associates wants a 12% per month penalty for late payments since July

On October 12th, the Kentucky Board of Education responded with a counterclaim:

• that Ray & Associates "breached its contractual duties...by failing to adequately investigate the background of Barbara Erwin and discover or disclose serious inaccuracies in her resume and a history of problems at other school districts where this candidate previously served.


• KBE admits it entered into a contract, but Ray & Associates failed to thoroughly and accurately screen Barbara Erwin


• that Erwin declined to accept the position on July 13th, "before she assumed her duties and before any paperwork was processed that would have officially made her an employee of the Commonwealth..."


• that her failure to assume the position meant that Ray & Associates was not due any payment, "or it constitutes a frustration of purpose for the contract."


• that Erwin was selected, but never assumed her duties as a result of Ray & Associates failures and breach of contract


• that Ray & Associates owes the Commonwealth all monies paid and damages


• that Ray & Associates failed in its obligation to serve "in good faith"


• that Ray & Associates "knew or should have known that Barbara Erwin made several false misstatements on her resume"


• including: Supt of Year award from an organization that does not give such an award; claiming conference presentations she did not make; that the Scottsdale Board of education bought out her contract to get rid of her (KSN&C could never confirm this one); the St Charles investigation over her missing personnel file


• that Ray & Associates either failed to investigate or was so eager to receive its commission that it failed to reveal "significant facts"


• that Ray & Associates had claimed to be 100% successful in their searches and their proposal included a satisfaction guarantee that Ray & Associates breached


• and therefore, Ray & Associates should provide the Commonwealth a full refund, and interest

The H-L article also notes

State Board Chairman Joe Brothers said the search firm promised the board candidates that were highly qualified and reputable.

"We were assured there would not be anything that would surface that would embarrass the state in the process of hiring any applicant that they brought to us," he said. "The taxpayers and the state of Kentucky should not be paying for this
service."

Attorney Robert C. Moore of Frankfort-based Hazelrigg & Cox is representing the search firm and said the board had plenty of opportunity to select another candidate.

"It's extremely odd that the Board of Education didn't pay the remaining amount due on the contract when they actually hired the candidate that was identified by Ray and Associates," he said.

It will be interesting to see how the court looks at this situation. Ray & Associates clearly fell short of fulfilling its obligations to the citizens of Kentucky, and in my opinion, should withdraw the complaint. We are a long way from 100% satisfaction. Failing that, they should lose the case.

But the board of education failed, too. In my view, whatever redress may be indicated should be supplied apolitically, for the benefit of Kentucky's children and in support of competent government. Given plenty of reason to be suspicious of Ray & Associates assurances, the board chose instead to believe what they wished to be true.

Unfortunately, my concerns about Ray & Associates were largely confirmed by a conversation I had with Dr. Gary Ray in early June. My read is that the firm's performance departed from the promise to provide professional and reliable service.

I'm am quite certain the firm was effective at collecting and organizing material supplied to them by the candidate. Clearly they were less inclined to invest the half hour it would have taken to reveal a pattern of specific concerns about Barbara Erwin.

It also seems clear that they had something to sell.

KSN&C Interview with Dr. Gary Ray, June 7th

(After identifying one another)

Kentucky School News and Commentary: I'm not sure if you are aware that Dr. Erwin listed some things on her resume that have not been verifiable.

Dr Gary Ray: "I'm not sure where you get that. We had a couple questions; some people might have said that, and everything's been verified as much as possible, I mean they have been accurate, so I'd like to know a little bit more specific what you're asking about."

KSN&C: Sure, well...

Ray: "I mean, you know, just to make that statement wouldn't necessarily be a; that's a pretty broad statement, so I'd like to know just exactly what you're asking about."

(So, KSN&C listed

• ...Claimed to be a presenter at the 2006 Triple I Conference


• Claimed AASA Exec Board 10 years


• Claimed she was still on the Scottsdale Chamber of Commerce


• Has not yet explained how she received an Indiana teaching certificatebefore her IU diploma
  
• Claims of post doctoral degrees from USC and Columbia.)

KSN&C: Is that something you would typically do; to do degree verifications?

Ray: "Yeah, we would be able to do that. I tell ya, the person I could have you talk with, because he has verified her resume and has done a good job in that regard, would be Dr. Don Cusmo, and if I can get your name and number, I'll just have Don call you."

(We exchanged contact information)

Ray: Have you spoken with her?

KSN&C: I have not. I have written to her but haven't heard back yet.

(We exchanges pleasantries about the time of year and how busy everyone was)

KSN&C: Let me make you aware of another thing that concerns me, but that I also have not been able to confirm yet. One of the items she had to complete on her background check as part of her application in Kentucky was whether or not she had ever been involved in litigation. And I didn't know if you all were aware that she was sued by [a] board [member] in Arizona, but yet, she marked that she had not been [sued], on her application.

Ray: Uh huh, well, I think there's a story that goes with that... I'm pretty comfortable that she's OK with that...

KSN&C: So you guys are aware of that.

Ray: "Sure. You know people can make claims all the time..."

(and he told the story of a case where a reporting error got into print where a claim of a lawsuit just wasn't true.) Understand, these things, kind of, not always are on the surface, what they might appear to be."

KSN&C: Sure. I certainly understand that and that's why it's so important to verify this stuff. This is an important position for us in Kentucky and my concern is that there appear to be a few of these and that's an uncomfortable pattern.

Ray: "Yeah, I think you'll find when it's all done, it will shake out very well."

Sports eligibility proposal rejected by legislative panel

FRANKFORT, Ky. -- A controversial plan that would cost some high school athletes a year of sports eligibility received a harsh rebuke yesterday from a legislative subcommittee, which declared the idea "deficient" in a 6-0 vote.

The plan, called Proposal 2, would define athletic feeder systems for private schools somewhat similar to those imposed on public schools. Many students who cross those boundaries -- moving from a public middle school to a private high school or vice versa -- would have to sit out of competition for a year.

This is a clear signal from this legislative committee that the current Proposal 2 is not acceptable as a solution to the allegations of recruiting in athletics," said Kevin Noland, interim commissioner of the Kentucky Department of Education.

Proposal 2 grew out of public schools' view that private schools can recruit athletes, which is against the rules, under the guise of recruiting students. Proponents also point out that private schools have no attendance boundaries and can offer financial aid to needy students.

However, the idea of unfairly penalizing some students to prevent cheating by a few appeared to be the main irritant for lawmakers.

Yesterday's vote was not, in itself, fatal. The issue goes before a House-Senate education committee next month and now is on Gov. Ernie Fletcher's agenda...

This from the Courier-Journal.

C-J Editorial on Commish search

Some interim good news

The good news is that the state Board of Education has decided to keep interim education commission Kevin Noland in that post, and he appears willing to stay.

Mr. Noland has the kind of deep knowledge and sensitive touch that comes with years of experience. He also enjoys the confidence of a wide group within the state Department of Education, where he has a long record of fine service.

It was a mistake to hurry the selection of a new commissioner to replace Gene Wilhoit, during a gubernatorial election year. The best candidates do not rush into rooms where it's unclear who is in charge. The commissioner reports to the board, not the governor, but most chief executives pursue an education agenda of their own. Where a governor stands tells a commissioner a lot about where he or she can go.

A board full of Gov. Ernie Fletcher's appointees obviously has not distinguished itself in the matter of replacing Mr. Wilhoit. It was responsible for finding and choosing the best candidate, and that clearly wasn't Barbara Erwin, who got the board's nod but then withdrew, scant days before she was supposed to take over.

It's hard to know whether the board was too stubborn or too enamored with its own insight, but it clearly failed.

However, chairman Keith Travis is right to criticize the search firm it used. The company's national executive director, William Newman, said Ray and Associates "brought them good candidates, and they made a choice."

Wrong.

Clearly Ms. Erwin was not a good candidate. Her career had left a trail of unhappy people behind, and her résumé contained significant errors.

Ray and Associates has been recognized in a national school administrator publication as one of the country's top search firms. It's hard to know whether this says more about the American Association of School Administrators or Ray and Associates' competitors.

This from the Courier-Journal.

More on today's KBE meeting, Mooneyhan questions board's process

"The way that I’ve been dealt with in this situation,

I don’t see any Kentucky educator

that would want to apply for the job."

--Leon Mooneyhan

This from the Herald-Leader:

The Kentucky Board of Education has decided to continue with Kevin Noland as interim commissioner of education so it can focus instead on finding a permanent commissioner.

The board made its decision after meeting for nearly three hours in closed session on Saturday.
Noland, a deputy commissioner and legal counsel for the state board, has been serving his third stint as interim state commissioner. He had stated in the past that he did not want to continue as interim and wasn’t interested in the permanent position.

”I told the board of education at its meeting two weeks ago that I would prefer not to continue,” Noland said. “One full time job is enough for me. But at the same time … I would do whatever they needed me to do to maintain stability as they pursue an aggressive search for the commissioner of education.” ...

...“We decided that there wasn’t a need for an interim” other than Noland, said board chairman Keith Travis. “We had dialogue with Mr. Mooneyhan. We appreciate his willingness to support us and to serve should the need be there.”

Mooneyhan said he wasn’t offended by the board’s decision but has questions about the commissioner search process.

“The way that I’ve been dealt with in this situation, I don’t see any Kentucky educator that would want to apply for the job,” Mooneyhan said. “We have a board that has had a failed search, and so they need to take some positive steps in how they are going forward, and I think their decision today doesn’t support that.”

Mooneyhan thought the board would have laid out a clear plan on the commissioner search, but it has yet to do that...

...“Every time Kevin has been the interim, I think he’s done an admirable and in some cases a remarkable job … it’s always been under very difficult circumstances,” said Wayne Young, executive director of the Kentucky Association of School Administrators. “Given the complete unsettled atmosphere, with there being some apparent internal conflict, it would strike me as sensible to go with a known quantity.“

There has been some talk about tension on the board as a result of the botched commissioner search. At the Aug. 8-9 meeting, the board will elect new officers. Some board members indicated there may be a movement to name a new chairman to replace Travis, who has held the post since 2004. The board has 11 members, six of whom were appointed by Gov. Ernie Fletcher in April 2006. Travis has said he would be interested in continuing to serve as chairman, if re-elected.

Despite these problems, the board is now committed to finding a permanent commissioner, Travis said.

“That’s where we’re going to focus our efforts,” he said. “We don’t have a firm time schedule as such, we are aggressively pursuing it.”

KENTUCKY BOARD DECIDES TO FOREGO INTERIM; CONTINUE SEARCH FOR PERMANENT COMMISH

Following the Courier-Journal's recent questioning of the way the Kentucky Board of Education interprets the Open Meetings Law, I wrote to KDE Communications Director Lisa Gross, "As I read the two statutes that govern closed sessions in Kentucky, I’m not sure there is a valid basis for the wholesale closure of Saturday’s meeting as appears to have been planned."

I cited the law and asked for an interpretation.

The statutes: the Open Meetings Act, http://www.lrc.ky.gov/KRS/061-00/810.PDF, and a section of the Open Records Act, http://www.lrc.ky.gov/KRS/061-00/878.PDF, which is encorporated by reference.

She responded, "The closed session is only part of the meeting, not wholesale. The board will begin the meeting in open session, then, at some point, entertain a motion to go into closed session. "

That "point" came immediately after roll call. The board went into closed session...and emerged somewhere around 12:40PM; whereupon Chairman Keith Travis made the following statement:

"The board came to a consensus this morning that in our present search for a permanent commissioner, there is not a need to secure the services of an interim commissioner. (We have asked) Mr Noland to continue on, and we will continue our search, as such, and we will reconvene August 8th and 9th at our full board meeting and continue our deliberations on this important item.

Then the board immediately adjourned.

So the evidence is that in addition to whatever discussions were held regarding personnel, that are specifically excluded under the Open Meetings Act - there was also some amount of discussion about the process the board would follow.

Whether that discussion should have properly been held in closed session is much less clear.

This from KDE press release:

BOARD AGREES TO CONTINUE SEARCH

(FRANKFORT, Ky.) - At a special-called meeting today, the Kentucky Board of Education came to a consensus that, in its aggressive search for a permanent commissioner of education, there was no need to secure the services of a new interim commissioner.

The current interim commissioner, Kevin Noland, will continue to serve in that capacity until a permanent commissioner of education is selected.

The board did not set a specific timeline for the selection of a permanent commissioner, but agreed to continue deliberations at its regular meeting August 8 and 9 in Frankfort.

State education commish search back to square 1

When the Kentucky Board of Education holds a rare Saturday special meeting this weekend to find a new commissioner, the outcome will have implications for every Northern Kentucky school district.

Issues of testing, funding formulas and student assessment will be at the forefront of the new commissioner's to-do list.

The problem is, finding a new commissioner has been an arduous process, thrown back to square one recently when the board's hire, Barbara Erwin, resigned three days before she was to start her new job...

..."The next commissioner's top issues will likely be student assessment, student and school proficiency, school funding, facilities and all of the related items that go along with those," Department of Education spokeswoman Lisa Gross said Wednesday.

Gross said it's unclear whether the board is leaning toward filling the position on an interim basis or finding a permanent commissioner who can play a more significant role in the next state legislative session in Frankfort.

...An interim commissioner would "have very limited ability to do a lot of things," said Boone County School Superintendent Bryan Blavatt, who has been trying for years to get changes to the school funding formula that puts fast-growing districts at a disadvantage...

...He wants the state to change its basic school funding formula - known as SEEK. Currently, it ties funding to enrollment from the year before...

..."I would like to see a commissioner that was familiar with Kentucky and our system of education," said Ludlow School Superintendent Curtis Hall. "And the funding is always an issue in smaller districts, the SEEK formula penalizes small districts. One of the concerns I have is, can the new commissioner work with the legislature and identify those programs and address them?"

Kevin M. Noland has served as interim commissioner since November, succeeding Gene Wilhoit, who served in the post for six years.

"He was great," Blavatt said of Wilhoit. "It's a real void to fill. (The new commissioner) is going to be barraged by people with all sorts of different agendas."

This from the Cincinnati Post.

Kentucky Board of Education reassesses

Travis delivers the quotes I've been waiting for

The Kentucky Board of Education voted 9-0 last night to accept the resignation of Barbara Erwin.

After a 2 1/2 hour closed session, they decided to start an immediate search for an interim education commissioner. Kevin Noland, the head of legal services for KDE, has his other full-time job he wants to get back to.

Board chair Keith Travis told the Herald-Leader that he hopes to have a person in place within two weeks.

Travis also said the board was not under pressure to find a permanent replacement and stressed that board members want a Kentucky educator to apply.

If the overall quality of the field produced by the recent national search was as shallow as it seems, one can understand the board's reluctance. And of course, once burned; twice shy. Board members now say they won't use Ray & Associates, which cost Kentucky $50,000, and aren't sure whether they will use a search firm at all.

Travis had been quoted saying he wouldn't call Erwin's hiring a mistake, but yesterday changed his tune when he said that he did not think Erwin was the best person for the job. He told the Courier-Journal that the board tried to give Erwin the benefit of the doubt.

Travis said that he started to question whether Erwin was right for the job after talking with her about the investigation. "We relied heavily on a search firm to provide us information, and probably relied on them too much."

Travis said neither he nor the board encouraged Erwin to resign but that he did have a conversation with her early Friday morning, questioning her about all of the distractions. "The board was having serious concerns about her ability to provide leadership with all of these other issues going on in her life," he said. "At some point, all of these items become cumulative and certainly the one on Wednesday (the missing personnel file) was the icing on the cake."

AT LAST !

Travis told the Courier-Journal, "We want Kentucky educators to apply. We think that message was loud and clear from the constituents across the commonwealth (last time) and certainly as we press toward proficiency, we would hope a Kentucky educator would be the best leader to know the system and lead us to that level in 2014."

(Hummmm. OK, but through this whole process I've never heard anyone mention that the problems related to Erwin were the result of her not being from Kentucky. Erwin's problems were because of Erwin. If we're serious about getting all Kentucky students to proficiency by 2014 - or at least getting close - the leadership we really need starts with David Williams and Jody Richards.)

H-L reported that several education advocates urged the board to take their time, and said because it's a gubernatorial election year, they should even consider waiting until after the next election is over.

"From the get-go, appointing a new commissioner, in the middle of an election, was a bad idea," said Al Smith, host of Comment on Kentucky, who also was critical of the search process in his columns.

Here are today's articles from the Herald-Leader and the Courier-Journal.
~
OK ... So if the focus shifts to a Kentucky educator...there are only a couple of possible candidates - right? New guy (Berman) in Jefferson - he's out. The next biggest district - and the only other one that approaches the management scale we're talking about is Fayette County. Silberman, who has shown some character and passed on the opportunity to apply last time, is three years into a ten-year pledge to serve Lexington folks. That leaves.......?

Silberman may need to be begged and absolved, but...

Here's my trade scenario: Silberman from Fayette County to KDE; Marcum from Marion County to Fayette County.