APPS Statement on Surprise Resignations and Replacements on SRC

SRC 3 3-15-18
The Philadelphia School Reform Commission: Chris McKinley, Bill Green, Estelle Richman, Joyce Wilkerson; Superintendent William Hite
The day after the schools closed for spring break, district stakeholders woke up to find out that major changes have taken place in the governance of the city’s public schools.

In a surprise move, two members of the SRC have resigned, and they have already been replaced by two people chosen by the mayor. The governor has already named the new chair. No mention of these changes was made at last week’s SRC meeting.These changes, planned and implemented without consultation of district stakeholders, serves to highlight the disenfranchisement of the people of the city when it comes to choosing those who make decisions on the future of the city’s public schools. The mayor expects the public to pay the bills, including another increase in property taxes, but to have no say in how the money is spent. The stakeholders and taxpayers, apparently, are expected to play the role of passive observers watching as the pieces are moved around the chessboard.

The SRC will be approving a $3 billion budget in the coming months just before its dissolution. This lame-duck Commission will be voting on that budget.

The mayor will be appointing a new school board next week. In violation of the PA Sunshine Act, there have been no public meetings at which the people of the city could weigh in, pro or con, on the candidates, or to raise concerns about possible conflicts.


Also see APPS in the news:
Two SRC members resign, opening path to a new board | Philadelpia Tribune – 3/29/18

APPS sends a letter to Governor Wolf asking for the removal of Commissioner Green from the SRC for violation of the School Code

Wolf : Green

Last week, APPS co-founders Lisa Haver and Karel Kilimnik sent this letter to Governor Wolf. APPS asked the Governor to enforce the official school code, which clearly states that no sitting SRC commissioner may “seek or hold a position as any other public official”.  The Governor should enforce that law. He should ask Green to step down.  If Green does not, he should take steps to remove him.

All For Phila Public Schools
apps.phila@aol.com


Governor Tom Wolf
225 Main Capitol Building
Harrisburg, PA  17120

governor@state.pa.us

 Dear Governor Wolf:

 On March 3, 2018 SRC Commissioner Bill Green filed federal paperwork to challenge U.S. Rep. Brendan Boyle in the 2018 Democratic primary, and he is currently circulating nominating petitions.

 Section(6) Section 696 (b)(6) of the Public School Code of 1949, as amended, states:

No commission member may, while in the service of the School Reform Commission, seek or hold a position as any other public official within this Commonwealth or as an officer of a political party.

 The law is clear: no one, including Mr. Green, can serve on the SRC while seeking public office. There is no question that a person serving in the US Congress is a public official.

 On behalf of the members of the Alliance for Philadelphia Schools, we ask that you immediately remove Commissioner Green from the SRC.

 Sincerely,
Lisa Haver
Karel Kilimnik
Co-founders, Alliance for Philadelphia Public Schools


For Governor Wolf’s response to the APPS letter see

Gov. Wolf: Bill Green can’t run for Congress | Clout – The Philadelphia Inquirer

APPS News: March 2018

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by Karel Kilimnik
March 5, 2018

 Nominating Panel Meets Behind Closed Doors

This hectic season continues as APPS fights against ever more threats to public education. We challenged Mayor Kenney’s unexpected decision to shut the public out of almost all meetings of the Nominating Panel, whose members he selected last month. We did not anticipate this mayor placing the community on the sidelines, being given no voice in who will control a $3 billion budget and the future of education in the city. As a result of the steady organizing and political lobbying of the Our City, Our Schools coalition, Philadelphians won a huge victory in November when the SRC voted to dissolve, effective July 2018. Without APPS’ continual coverage of the questionable contracts and decisions in our Eyes and Ears on the SRC, the journey back from state to local control would have been a harder mountain to climb.

Unfortunately, the Mayor slammed the door shut on those who had fought for local control by announcing that the Nominating Panel would meet in closed executive sessions, claiming that the Panel would be deciding on “personnel matters”. The Mayor knows, as everyone does, that the Panel neither hires nor appoints anyone, so no personnel matters are considered. The job of the Panel is to make recommendations for nominees to the new board. School board members are government officials, not employees. The Panel was given just over a month to come up with a list of 27 nominees, from which the Mayor would select nine board members.

APPS sent several letters to the Nominating Panel and the Mayor, including one signed by several community and labor organizations, demanding that the public have a say in the selection of the new board.

A list of over 400 applicants, without any personal or professional information, was released by the Mayor’s office a couple of days before the Panel’s second and final meeting, which had been moved up from its original date. (The applications were never released.) Of course, parents, teachers, students and most community members cannot attend a meeting held during school and work hours.

The only time for public testimony before this body happened at the highly-scripted second and final Panel meeting when they voted on their list of 27 candidates. No agenda was distributed before the meeting; there was no list of public speakers. Mirroring the SRC the board will replace, there was no deliberation prior to the vote.   APPS members Lisa Haver, Diane Payne and I testified about these issues.

We could only comment on the process, as the nominees were announced just minutes before the public speakers. A district teacher took some personal time to come and testify; he suggested the creation of a Teacher Advisory Board in addition to the Student Advisory Board that had been suggested by other community members.

In reaction to the criticism from most of the public speakers, several of the Panel members defended their actions. We do not doubt that the Panelists carved out time in their busy lives to undertake this task, but was there not one person on the panel who objected to the Mayor’s heavy-handed tactics? Where is this ship of local control, in dry dock for 17 years, headed? Their list of 27 candidates includes several with charter school connections, two parents at Penn Alexander (no other district school was mentioned), a preponderance of lawyers as well as individuals with financial/banking/investment positions. Missing, along with teachers or retired teachers, are parents of Special Needs and English Language Learners students, as well as parents whose children attend a range of district schools. Where are their voices?

APPS members have weighed in on these issues publicly.

Lisa Haver addressed the closing of the selection of the new board in the Inquirer/Daily/philly.com

Rich Migilore and Karel Kilimnik explained that one-person rule is undemocratic and that the Mayor should not be able to remove board members for political reasons.

APPS continues to challenge this undemocratic process. We have filed a Right to Know requesting extensive information on the process to select these 27 individuals.

SRC Denies Applications for Six New Charters

APPS members attended and testified at the first round of hearings on new charter applicants in December; we attended the second round at which public testimony was not on the agenda. Hearings for individual applications occurred through January; the SRC heard final testimony, then voted, at the February meeting. (Pennsylvania Institute Academy Charter School and Qor Charter School withdrew their applications before this final session.) Questioning by Hearing Examiner Allison Petersen, and the information provided by the Charter Schools Office, showed that there were serious issues—whether academic, financial, or organizational—in every application.

See the APPS reports on new charter applications here.

The SRC voted to reject all but one applicant. They voted unanimously to approve MaST III, despite significant concerns about enrollment, capacity, and governance. Conditions involving transportation for kindergarten students in zip codes 19120,19124, 19140, and 19141 (Olney, Logan, Hunting Park as well as a section of North Philadelphia) to enable them to diversify their potential student body as well as cutting their projected enrollment from 2600 to 1300 were mentioned. We are still waiting for the district to send us the conditions the SRC has imposed. Denying Philadelphia Hebrew Charter School resulted in commissioner Green advising them to re-apply. Mastery, APM, Franklin Towne, and two Aspira charters were also denied. Five APPS members along with two teachers, and two community members presented testimony decrying approval of any new charter applications

The February 22 Ears on the SRC notes the twisted connections of real estate ventures with charter schools along with the SRC’s categorizing of charter school topics as “quasi-judicial”. This categorization conceals these transactions behind a stone- wall the public is unable to penetrate.

APPS Keeps Our Eyes and Ears on SRC In Its Final Days

As the seventeen-year reign of the SRC comes to an end, we have to think about how to end their devastating policies, not the least is the reckless spending on edu-vendors. The same SRC that says we can’t afford to pay teachers and staff at a professional rate doesn’t blink when approving contracts for unproven programs including online learning, data collection and outsourced professional development. At its February 15 meeting, the SRC approved $114 million in new spending. Almost $20 million of that went to various vendors, including Pearson Inc; that means children will spend more time in front of computers rather than with teachers and support staff. Several parents and community members spoke against the resolutions. As one speaker reminded us “Technology is a tool, not a teacher.”

The SRC received so many questions about Resolutions A-7 (sending $9.5 million to the testing conglomerate Pearson Inc for “instructional management” with a side of data collection) and B-12( $10 million for online courses) that Dr Hite addressed these issues in his initial comments.

Dr Hite is a graduate of the unaccredited Broad Superintendent’s Academy, where free-market policies are advanced as part of the substitution of ideology for knowledge. Unions are to be broken, and their work contracted to private companies and non-profits. Part of this process depends on destabilizing the workforce and creating insecurity among teachers, principals, and other school staff, thus heading off potential resistance as people fear for their jobs. Struggling schools don’t get needed resources, they are targeted for some kind of transformation. That could mean being placed into the Turnaround Network with the requisite loss of principal and most teachers. It could mean being chosen for the “System of Great Schools”, which increasingly results in being “partnered” with consulting companies like Jounce Partners or ISA without the knowledge or agreement of the school community.

Upcoming Events

  • Wednesday March 7: Oral Argument on School Funding Lawsuit in Commonwealth Court, Widener Building, 1339 Chestnut Street, 9th Floor, 9:30 AM.
  • Thursday March 8: SRC Policy Committee Meeting, 11:00 AM at 440 North Broad Street.
  • Wednesday March 14: Sign up to speak at SRC Meeting, call before 3:30 PM, 215 400 4180.
  • Thursday March 15: SRC Action Meeting, 4:30 PM at 440 North Broad Street.
  • Thursday March 22: SRC Action Meeting, 4:30 PM at 440 North Broad Street. (Call before 3:30 PM the day before)

APPS members have an Op Ed in the Philadelphia Inquirer protesting lack of transparency in Mayoral selection of a new school board

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Integrity of Philly’s new school board needs protection | Philadelphia Inquirer – February 22, 2018

by Rich Migilore and Karel Kilimnik

Unlike those in every other school district in the state, and in almost every district in the nation, we the people of Philadelphia continue to be disenfranchised in the governance of our public schools. To make matters worse, the return to local control, after the 17-year reign of the state-imposed School Reform Commission, will devolve into one-person control unless our elected officials take steps to guarantee the independence of the new school board.

 Following the mandates of the current City Charter, Mayor Kenney appointed a 13-member nominating panel, which is scheduled to hold a public meeting Monday and vote on a list of names that Kenney will draw from to select a nine-person school board. The mayor had directed the panel to hold previous meetings in executive session, effectively barring members of the public from witnessing or taking part in the process in any way.

This absolute control by the mayor can be mitigated in several ways. First, the nominating panel, under the leadership of Chair Wendell Pritchett, should have opened all of its meetings to the public. As city officials, members of the panel are obligated to obey all laws, including the Pennsylvania Sunshine Act, which codifies the right of the people to witness the actions of all government officials, whether elected or appointed.

 Checks and balances must be instituted. City Council has proposed an amendment to the charter which, if approved by the voters in a referendum on the May ballot, will provide for Council confirmation of all future nominees. In addition, Council President Darrell Clarke has proposed language in the referendum to stipulate that members of the board of education can only be removed “for cause.” That is an essential provision to protect the independence and integrity of the board and should be adopted.

Kenney has voiced his opposition to the for-cause provision and wants board members to serve at the pleasure of the mayor. That is inconsistent with the principles of democracy that underpin the governance of our public school system.

Clarke explained in a response letter to Kenney that the board of education, under the Educational Home Rule Supplement to the City Charter, is a “separate and independent body” from the office of the mayor. State law makes school districts separate and distinct local educational agencies.

 Clarke is correct when he says, “The key idea here is independence: the for-cause requirement will provide some assurance that the members of the Board of Education can make independent decisions that they believe are in the best interests of our City’s children – even if the Mayor or Council disagree.” The for-cause provision protects school board members from being removed for political reasons or for speaking out in opposition to the Mayor or City Council.

Council should scrutinize every aspect of the appointment process and make every amendment necessary to protect the integrity of the democratic process. That includes the present lack of transparency and secrecy of the mayor’s nominating panel and its violations of the Pennsylvania Sunshine Act.

 These are all constitutional issues as well as legislative issues.  The right to procedural due process is guaranteed by the Due Process Clause of the Fourteenth Amendment.

Democracy matters and our state and federal constitutions cannot be nullified at the schoolhouse door.

Rich Migliore, Esq. is a former Philadelphia teacher and administrator and the author of “Whose School Is It: the Democratic Imperative for Our Schools.”

Karel Kilimnik is a retired Philadelphia early childhood educator and co-founder of the Alliance for Philadelphia Public Schools. Email:  philaapps@gmail.com