Eyes on the Board of Education: March 28, 2019

by Karel Kilimnik

As income inequality grows each year, we witness philanthropic institutions and foundations funding more District projects and programs.  Schools across the Commonwealth have still not recovered from the massive cuts former Governor Corbett imposed on districts. Pennsylvania still lags in funding public schools that must now rely more than ever on local real estate taxes. As corporations and the wealthy receive more tax cuts,  resulting in less government funding available for public education, the burden of funding schools falls on the shoulders of local taxpayers. All these private funders blur the lines of accountability and transparency. They are accountable to their investors–not the public.

Parent Involvement

Parent involvement continues to be an issue as the District makes decisions often without  informing parents and community members. The Mayfair School (Action Item 26) is about to receive a 14-classroom modular classroom to alleviate overcrowding. However, it appears that few if any Mayfair stakeholders were aware of this until we notified them. Outsourcing continues, whether it’s for financial matters (Action Item 7), Special Ed (Action Item 10), or counseling (Action Item 39). Once again the philanthropy/non-Profit sector steps up to fund school projects (Action Items 21 & 23). Good people may be doing good things for others, but shouldn’t we have a tax base that covers adequate school funding with everyone paying their fair share of taxes?

Public Notification and Involvement an Ongoing Problem

As we have noted in previous editions of  Eyes, the Board is failing to provide printed copies to the public of items to be acted upon at both Action and Committee meetings. Under the guise of going green, no paper copies of Action Items are available for the public at Action Meetings. Three binders with print copies of the Action Items continue to sit on a table in the rear of the auditorium with a warning not to remove–as if these are not public documents. How is the public supposed to follow the deliberation and voting on the numerous Action Items without a written guide? Until October 2018, the Board followed the SRC’s practice of distributing sufficient copies of resolutions at every meeting.  That needs to be restored. Not everyone has a laptop to follow along as Board members discuss Items they will be voting on. Reading these lengthy documents on a small cellphone screen is difficult if not impossible. How much money is really being saved at the expense of informing participants?

Agenda Problems

The Board Agenda continues to be problematic. Initially there were 40 Items, then there were 39. (We copied the original Agenda Items in case any disappeared.) The original Action Item 39 vanished. It has now been replaced with the former Action Item 40 ratifying a Contract with 12Plus. The original item read:  Action Item 39:  Contract with Project Based Learning, Inc. (Schools – Contracts).  Project Based Learning,Inc is a non-profit that  supports The Workshop School.

We understand that changes happen. The SRC actually noted next to the resolution  “Withdrawn by staff” and provided the withdrawal date. This meant that every resolution had its own number. The Board no longer follows this practice. They simply adjust the numbers without any explanation or date of change.  Board members continue to say that they want to be accountable and transparent. These changes would be a decisive move in that direction.

April Board of Education Action Meeting: Thursday April 25 at 5 PM.  To register to speak, call 215 400 4010 by Wednesday April 24 at 3 or fill out the form on the Board’s webpage.

Action Items of Note

Action Item 7:  Contract with Donald Wilson Consulting Group  (Finance – Contracts)

The Administration recommends that the Board of Education authorize The School District of Philadelphia, through the Superintendent or his designee, to execute and perform a contract, subject to funding, as follows:

With:  Donald Wilson Consulting Group
Purpose: To provide budget, expenditure, and ERP system analysis for the School District
Start date: 7/1/2019     End date: 6/30/2020
Compensation not to exceed: $260,000
Location: Administrative Office(s);
Renewal Options:  No

Description:  Decision makers need to have timely financial analysis, projections, and reports that are well designed, comprehensive, automated, documented, and timely to ensure that resources are monitored effectively by responsible managers at all levels of the organization.  Donald Wilson has extensive experience with District systems and processes in order to provide the needed analysis including support for grants. Donald Wilson also provides analysis and system expertise necessary to a successful implementation of the new Enterprise Resource Planning (ERP) system currently in progress.  The expected outcomes of this contract are having a dedicated effort on producing relevant and timely financial analysis and needed expertise and to help support the ERP design and implementation.

Anchor Goal(s) Supported: Anchor Goal 4 – 100% of funding for great schools is secured with zero deficit
Related resolution(s)/approval(s): February 15, 2018; A-9

APPS Analysis: If, as this Action Item states, “Decision makers need to have timely financial analysis, projections, and reports that are well designed, comprehensive, automated, documented, and time to ensure that  resources are monitored effectively by responsible managers at all levels of the organization” the question arises as to why an outside vendor continues to be handed a contract to do all these things. After six years of contracting with the Donald Wilson Consulting Group, why haven’t these tasks been assigned to District staff? In 2013 this Consulting Group gained its first District contract. Unfortunately the June 19,2013 SRC Resolutions are unavailable as no documents from SY 2012-2013 are posted on the Board website. However another SRC Resolution A-9  from February 2015 was for $240,000. That contract was “to bring the District’s existing Enterprise Resource Planning (ERP) system up to current standards to facilitate improved resource planning and management”. Why not hire central office staff with those skills so this work is done in-house? What skills do central office staff lack to ensure successful implementation of the new Enterprise Resource Planning (ERP) system?

Missing: Parent Involvement in Decision Making

Action Item 10:  Contract Amendment with KJR LLC (Finance – Amended Contracts)

The Administration recommends that the Board of Education authorize The School District of Philadelphia, through the Superintendent or his designee, to execute and perform an amendment of a contract, subject to funding, as follows:

With:  KJR LLC
Purpose: To provide procedure development, staff training, and change management support to the special education project aimed at re-designing the delivery of special education services
Original Start Date:  3/15/2018 Original End Date:  6/30/2019
Amended End Date:6/30/2020
Currently Authorized Compensation:  $475,000
Additional Compensation:  $800,000
Total New Compensation:  $1,275,000
Location:  All Schools; Administrative Office(s);

Description:  Improvement in special education process and staff training, staff / parent relationships, and the ability for parents to successfully navigate the special education process are critical elements to student success.  The District is working to improve the key processes of delivering a free and appropriate public education such as Child Find and IEP development and management to improve student performance and parent experience.

KJR has a demonstrated ability to provide process training and change management support needed to supplement the work of SDP staff.  The feedback from attendees has been positive. The use of KJR on the special education project is new work that they are well qualified to do.

The District has been using KJR this year to provide employee training on management and technical skills, such as supervision, customer service, project management, and computer software (Excel).

The initial authorization approved by the School Reform Commission resulted in an allocation of $475,000 to KJR for management training.  This requested Board action will expand the KJR portion by $800,000 with a not-to-exceed amount of $1,275,000 for the services described and extend the authorization to provide service through June 30, 2020.

This contract will directly support the District’s effort to strengthen systems and relationships to improve the opportunity for student achievement and parent / caregiver satisfaction, thus reducing the potential for compensatory education claims, out-of-district student placements, and transportation costs.

Anchor Goal(s) Supported: Anchor Goal 1 – 100% of students will graduate ready for college or career
Related resolution(s)/approval(s): March 15, 2018; A-23
Funding Source(s): FY20 Categorical

APPS Analysis: Massachusetts-based KJR LLC first dipped their toes into District funding last year (March 15, 2018 SRC Resolution A-23) when they shared a $555,000 contract with QBS,Inc. and Dale Carnegie Training “in order to improve outcomes and service: management of customer service training for central office staff generally, and specifically for the District’s Transportation Department.” First, who are these “customers” referred to in this resolution? This administration brands parents as customers as if public education is a business instead of a basic civil right.  Where is the evidence showing that KJR was effective in improving outcomes and service? What qualifies them to lead efforts “aimed at re-designing the delivery of special-education services”? Their website banner proclaims “GET ENTHUSED! MAKE IT HAPPEN! We provide high energy, results driven training and consulting with a focus on learning and organizational development.  Our consulting team brings nearly 20 years of experience in the field and has a proven track record of delivering the results that impact the bottom line.”

This Action Item states that “The use of KJR on the special education project is new work that they are well qualified to do.”  There is no indication on their website that they have ever worked with a school district nor have any experience in the field of Special Education. Teach For America is listed as one of their clients along with Coca Cola and Hertz.  Their Principal and “Chief Enthusiasm Officer” ( no, we are not making that up) describes himself as a “passionate and trustworthy consultant who increases the confidence, motivation, and performance of others.” This contract seeks to “support  the District’s effort to strengthen systems and relationships to improve the opportunity for student achievement and parent / caregiver satisfaction, thus reducing the potential for compensatory education claims, out-of-district student placements, and transportation costs.” Where is the evidence that parents, teachers, and students have been involved? Were listening sessions held or surveys produced to assess needs? What is evident in the description is the District seeks to avoid compensatory education claims, out-of-district student placements and transportation costs. Perhaps if the District stopped funding vendors to provide Special Education and focused on hiring district staff and providing them with meaningful professional development and supportive services then these issues would be resolved.

Action Item 26:  Contract with Mobilease Modular Space, Inc. for Modular Classroom at Mayfair Elementary  (Operations – Procurement – Contracts)

The Administration recommends that the Board of Education authorize The School District of Philadelphia, through the Superintendent or his designee, to execute and perform a contract, subject to funding, as follows:

With: Mobilease Modular Space, Inc.
Purpose: This authorization is for a two-story modular classroom building at Mayfair Elementary School.
Start date: 3/29/2019
End date: 6/30/2020
Compensation not to exceed: $4,006,200.00
Location: Mayfair School;
Renewal Options:  No

Description:  Mayfair Elementary School enrollment has been steadily increasing for the past 5 years. The projected enrollment for SY20-21 is 2,100 students, and more instructional space is needed. The most expeditious way to accommodate the enrollment growth is to build a new 14-classroom modular addition. The project budget is $3,642,000 and includes a 10% contingency for a total contract value of $4,006,200.

Anchor Goal(s) Supported: Anchor Goal 1 – 100% of students will graduate ready for college or career

APPS Analysis: Mayfair parents were informed by the District last May that kindergarten and first grade classes would be moved to the Austin Meehan Middle School for the start of the 2018-2019 school year due to overcrowding.  Parents, including many non-English speakers, raised concerns about the District decision including putting young children into an unhealthy building, transporting them via bus to the new location, and problems picking up siblings at Mayfair School dismissed at the same time. Parents even circulated a petition to protest this decision made without their knowledge or input.  Many parents wanted a modular classroom reinstalled at Mayfair instead of shipping their young children off to a middle school with numerous health and safety building issues.  Mayfair parents and supporters, including City Councilman Bobby Henon, appeared at the July 9th 2018 Board of Education meeting to express their concerns with being left out of the process. This Action Item raises many questions. Were any parents involved in this decision? Parents we contacted had no idea this was planned. What grades will be housed in this modular classroom? Will Mayfair kindergarten and first graders continue to attend school at Austin Meehan? Most telling was a parent’s comment “How can we be involved when we are not even notified of this change?”

Another Outside Law Firm Added to District Stable

Action Item 11:  Engagement of Outside Counsel (General Counsel – Other)

The Administration recommends that the Board of Education authorize The School District of Philadelphia, through the General Counsel, to supplement the list of approved outside counsel and retain and engage, on an as-needed basis, the following additional law firm to represent the Board of Education, The School District of Philadelphia, its present and former employees, and present and former members of the Board of Education and School Reform Commission, and to pay counsel fees and related costs and expenses, as follows:

Outside Counsel: The Law Offices of Benjamin Gialloreto
Start date: 3/29/19
End date: 6/30/19
Location(s): Administrative Office
Compensation: To be paid from the total aggregate not to exceed amount of $4,250,000 previously approved by the School Reform Commission.
Renewal options: No

Description:  The Office of General Counsel works cooperatively with approved outside counsel with respect to negotiating reasonable hourly rates; developing guidelines and strategies to represent the School District in administrative proceedings, civil litigation, and appeals, and other matters as issues arise; managing and overseeing work product; assisting in discovering information and documents needed to pursue, defend, and resolve legal matters; negotiation and drafting legal instruments and agreements; and investigations. The Board of Education also appoints outside counsel to act as hearing officers in student expulsion, employee discipline and termination, and charter school matters, as needed. Approval is sought to retain the additional identified firm to fill two needs: (1) additional expertise and availability, and (2) more firms offering rates advantageous to the School District.  All approved firms are paid out of the total aggregate amount previously approved by the School Reform Commission, so no additional compensation is requested.

Related resolution(s)/action item(s):  June 15, 2017; A-71
Funding Source(s): FY19-20 Operating Budget
Office Originating Request: General Counsel

APPS Analysis: Two years ago the SRC approved $8,500,00 to engage Outside Counsel (SRC Resolution A-71 June 15, 2017). The District has an Office of Legal Counsel;  why do they need to add yet another firm to their expansive list? One example of how the District drags out legal action instead of settling in a timely fashion is the APPS Sunshine Lawsuit. It took two years to settle what was not a complicated complaint when APPS sued over violations of the Sunshine Act. Two years of paying lawyers from the firm of Blank Rome is an expensive tab– one that seemed not to worry the Hite administration.  

Action Item 17:  Contracts with Various Vendors – Furniture and Equipment for Motivation High School- Major Renovation (Operations – Capital Programs – Contracts)

The Administration recommends that the Board of Education authorize The School District of Philadelphia, through the Superintendent or his designee, to execute and perform a contract, subject to funding, as follows:

With:  Adelphia by Datum; Reed Associates; School Specialty; Nickerson of New Jersey; H and H Interiors; Kay-Twelve
Purpose: Purchase new furniture and equipment for a major renovation project at Motivation High School.
Start date: 3/29/2019   End date: 12/31/2020
Compensation not to exceed: $1,100,000
Location: Motivation High School

Description:  The approved Capital Improvement Plan for FY2019 includes funding for a major renovation project at Motivation High School. Upon completion of the renovations, new furniture and equipment will be procured to support delivery of the high school educational program. Furniture will be procured, delivered, assembled and placed in the applicable spaces prior to student and staff occupancy.

Anchor Goal(s) Supported: Other   Operations to provide 100% of students with a learning environment that is safe, healthy & welcoming
Related resolution(s)/approval(s): May 17, 2018; A-19
Funding Source(s): FY19 Capital Budget
Office Originating Request: Operations – Capital Programs

APPS Analysis:  In June 2017 the SRC approved Resolution A-26 that co-located  Motivation High School and KIPP West Philadelphia Preparatory Charter School in the former Turner Middle School building. They continue to share the building, and both schools use common spaces including the cafeteria, gymnasium, and library. KIPP serves grade 5 to 8. This is the first co-location of a charter school with a district school in Philadelphia. Co-location is a common occurrence in New York City, and it has resulted in numerous problems for the public school students and families. The  District assures us that KIPP’s rent will be adjusted once the renovations are completed.

More Philanthropy–or Everyone Paying Their Fare Share of Taxes?

Action Item 21:  Acceptance of Grant from The Fund for the School District of Philadelphia – Great Learning Grant for School Playgrounds (Operations – Capital Programs – Other)

The Administration recommends that the Board of Education authorize The School District of Philadelphia, through the Superintendent or his designee, to accept a Grant as follows:

From: The Fund for the School District of Philadelphia
Purpose: To construct outdoor play spaces at three District schools as part of a program to reinforce the District’s literacy goals.
Grant Start Date:  3/29/2019 Grant End Date:  12/31/2024
Amount up to: $2,500,000

Upon receipt of this Grant, the Administration recommends that the Board of Education authorize The School District of Philadelphia, through the Superintendent or his designee, to execute and perform a Memorandum of Understanding as follows:

With: Philadelphia Mural Arts Advocates
Purpose: To conduct design visioning sessions with schools communities, including selection and hiring of part time community design leaders.
Start date: 3/29/2019   End date: 12/31/2024
Value of Services not to exceed: $104,500.00
Location:  School District Schools to be determined
Renewal Options:  No

Description: The William Penn Foundation has given a grant to The Fund for the School District of Philadelphia for the purpose of developing three schoolyards at District schools into playful learning landscapes that will support early literacy. This project builds on the District’s action goal to have all students proficient in reading by age eight and will create educationally and socially vibrant outdoor spaces that reinforce the foundational learning skills of literacy through play. This project will involve working with Mural Arts, retaining professional design and construction services, creating teacher and staff professional development sessions, and pre- and post-implementation research to be conducted by the District’s Office of Research and Evaluation. Schools will be selected in partnership with the Office of Early Childhood Education according to the following criteria: 1. Receipt of Early Literacy classroom modernization through the capital budget; 2. The existing conditions of the schoolyard to support the installation of play equipment and greening; 3. Proximity to existing parks and green space to ensure equity; and 4. Visibility of schoolyard to surrounding streets and neighbors.

Action Item 23:  Acceptance of Grant from The Fund for the School District of Philadelphia – Watershed (Operations – Capital Programs – Other)

The Administration recommends that the Board of Education authorize The School District of Philadelphia, through the Superintendent or his designee, to accept a Grant as follows:

From: The Fund for the School District of Philadelphia
Purpose: To support the implementation and maintenance of green stormwater infrastructure on schoolyards.
Grant Start Date: 3/29/2019   Grant End Date: 12/31/2022
Amount up to: $1,000,000
Location:  School District Schools to be determined
Renewal Options: No

Description:  The William Penn Foundation has given a grant to The Fund for the School District of Philadelphia to help support the implementation and maintenance of green stormwater infrastructure (GSI) on District  schoolyards. The grant will provide funding incentives for implementing GSI practices and help build the District’s internal capacity for education, maintenance, and ongoing stewardship. The funding will be awarded in three areas: 1. Partial funding for a GSI Maintenance Program Coordinator position (3 year appointment); 2. Incentive funding for increased stormwater management volume; and 3. Stewardship supply funds to promote school and community involvement and education in GSI practices.

APPS Analysis: The Philanthropic and Charitable Industrial Complex rises from the ashes of the failure of wealthy individuals and corporations to pay their fair share of taxes. Doing well (for oneself) while doing good (for others) is the prevailing theme. Instead of paying tax dollars that would pay for the common good, with the involvement of the people affected,  the rich and corporations have figured out a way to lower, if not erase, their tax obligations, and then create themselves as people contributing to those “less fortunate”, thereby receiving another tax break for being this angel helping the “ less fortunate”.

The Fund for The School District of Philadelphia, established in 2003, has now poured millions into some District schools. Their 19-member Board includes bankers, lawyers, financial advisers as well as government officials who make decisions–in private– about funding priorities in public schools.  In essence, the Board has relegated decisions to the Fund that are supposed to be made by the Board with full notice of the public. What if foundations and philanthropists all decided to use their accumulated power to pressure legislators and the Governor to enact an equitable funding formula so that their philanthropic work could supplement rather than directly fund schools of their choosing? A major collaborator and supporter is The William Penn Foundation created  from the Haas family wealth. That is, Rohm and Haas, a company that was later sold to the Dow Chemical Company for $15 billion. The Haas Family has several other foundations (Stoneleigh and Wyncote) also engaged in supporting social and environmental projects.

Presently the William Penn Foundation underwrites many District Early Childhood Initiatives as well as the playground projects described in these Action Items.  What would happen if all these corporate taxes were actually paid? Would we be able to have a school district like those in Finland where every school is excellent because tax dollars support them equally?  Our public schools are funded by real estate taxes. If you live in a wealthy area where property values are high, that local school district will be well funded. But if you live in Philadelphia, the poorest big city in the country, then the tax base is much lower.  We are not denigrating the work that foundations such as William Penn do. We say that a more equitable funding source, as well as the rich and corporations paying their taxes, is necessary to ensure that every student attends a great school.  The Fund for the School District declares on its website that “we help set funding priorities”.  The Fund is a privately managed non-profit. It is not the role of a handful of people from one stratum of society to make those decisions. Giving corporations and foundations a larger voice in decisions on education cedes control of the democratic process to those with the highest net worth.

Action Item 39:  Ratification of Contract with 12PLUS – Kensington Health Sciences Academy (Schools – Other)

The Administration recommends that the Board of Education ratify the execution and performance of a contract by The School District of Philadelphia, through the Superintendent or his designee, subject to funding, as follows:

With:  12PLUS
Purpose: To obtain Post-secondary, Academic, and Mentoring Support Services.
Start Date:  October 1, 2018  End Date: June 30, 2019
Compensation not to exceed: $60,000.00
Location:  Kensington Health Sciences Academy
Renewal Options:  None

Description: Challenges for low-income, urban students in transitioning into higher education are well documented. While there has been positive growth in post-secondary aspirations, areas of college readiness, enrollment, and completion continue to remain challenging. This is true for students in KHSA. KHSA seeks to further the objective of building a college-going culture that increases academic achievement and empowers all students to pursue post-secondary education after 12th grade. KHSA has identified an approach with lasting impact, through providing consistent, individualized post-secondary, academic, and mentoring support services to the entire student body to teach and equip students with the information, guidance, and non-cognitive and behavioral skills necessary to graduate from high school ready to transition into their respective post-secondary paths with sufficient financial aid and preparation. 12PLUS was selected to provide KHSA additional resources and capacity to provide these services to the degree they are needed. 12PLUS has a six year proven success record with students at KHSA, and its services align directly to the District’s goals of ensuring all students graduate from high school college and career-ready.  The programs and services 12PLUS plans to implement are expected to result in: (1) increase in student academic achievement and engagement, (2) development of key academic and behavioral skills for success in all subject areas including goal setting, note taking, self-advocacy, time management, and organizational skills, (3) successful transition into high school for incoming 9th graders, (4) successful transition for graduating 12th graders into their respective post-secondary pathways, (5) improvement in overall school culture and climate, and (6) increase in parental involvement and community support. This ratification is requested due to a mistake by KHSA in not understanding the correct procedure for engaging and compensating a contractor, which procedures the school will adhere to in the future.

APPS Analysis: If every District school had an adequate number of counselors, a non-profit like 12Plus would supplement what was available with District staff. Every high school student in the District would have access to supports for helping students make the transition into post-secondary programs.  School counselors are trained professionals with the skills to support students as they progress through high school. 12Plus may provide wonderful supports for the few schools they work with, but shouldn’t these services be readily available for every high school student?