Apology to Dallas ISD voters for removing your right to vote

Today thousands of qualified Dallas ISD voters, taxpayers and stakeholders will not be able to vote for a Dallas ISD Trustee.

This was through no fault of their own but the sole result of the self-serving agenda of current Trustees.

America is a great nation because every citizen, young and old, poor and rich, powerful and powerless, have an equal right to vote for the representatives of their choice.

It is the most precious right - a right that brave young men and women have been called upon to protect in distant places in the name of freedom.  

It is a right many have fought for, been beaten on bridges for, and died for with no reward but the honor of service and sacrifice.

While this deed cannot be undone, one Trustee can offer a sincere apology, and I do so in the name of the nameless people who gave this most precious right to us all.

Dallas ISD Board also violated its own legal policy by changing trustee terms

The Dallas ISD Board's own legal policy was violated by extending trustee terms after December 31, 2007.

Read Dallas ISD Board policy BBB (Legal).  Find it online here:

BBB (Legal)-Click Here

In plain English, Dallas ISD Board legal policy states: 

     TERMS - ..."Not later than December 31, 2007, the Board may adopt a resolution changing the length of the terms of its trustees.  (Education Code 11.059) (issued 10-4-07)

Read it for yourself if you are buying the current spin that it is just a difference of opinion among lawyers who differ.   The Texas Attorney General is not just another attorney.

No, it is also stated in plain English.  It is Board legal policy.  And it was violated.

Because of the Board's clear violation of its own legal policy as well as the Texas Education Code, thousands of voters have been deprived of their right to vote tomorrow, Saturday, May 9, 2009.

It is shameful, and it is wrong.

Board elections are the only right choice

Two options have been placed on the table for the current Board created election mess, but there is only one right way to proceed.

The right of voters to hold Trustees accountable must be honored.

The approval of a November election should be the easy part.  

Damage already done to voting rights of citizens cannot be undone, but the right to vote must be restored.

There is no other right choice for an elected Trustee to make.

Special Election to fill a vacancy in office

As indicated below, the Texas Education Code § 11.060 (c) provides that Dallas ISD "may call a special election to fill a vacancy."

Section 11.060 (d) - Texas Education Code sets a deadline of "not later than 180 days" to hold an election to fill a vacancy where more that one year remains on the term.

The Texas Election Code Section 201.052 below states that "a special election to fill a vacancy shall be held on the first authorized uniform election date."

The next authorized uniform election date in Dallas will be the first Tuesday in November after the first Monday.

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Texas Education Code Section 11.060. VACANCIES.

(a) If a vacancy occurs on the board of trustees of an independent school district, the remaining trustees may fill the vacancy by appointment until the next trustee election.

 (b) If the board is appointed by the governing body of a municipality, a trustee appointed by the governing body to fill a vacancy shall serve for the unexpired term.

 (c) Instead of filling a vacancy by appointment under Subsection (a) or (b), the board or municipal governing body may order a special election to fill the vacancy. A special election is conducted in the same manner as the district's general election except as provided by the Election Code.

 (d) If more than one year remains in the term of the position vacated, the vacancy shall be filled under this section not later than the 180th day after the date the vacancy occurs.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.

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Texas Election Code - Title 12. Elections To Fill Vacancy In Office

CHAPTER 201. Determination Of And Election To Fill Vacancy

Sec. 201.052. DATE OF ELECTION. (a) Except as otherwise provided by this code, a special election to fill a vacancy shall be held on the first authorized uniform election date occurring on or after the 30th day after the date the election is ordered.

(b) If a law outside this code authorizes the holding of the election on a date earlier than the 30th day after the date of the order, the election shall be held on the first authorized uniform election date occurring on or after the earliest date that the election could be held under that law

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

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Texas Election Code - Title 4. Time and Place of Elections
Chapter 41.  Election Dates and Hours for Voting - Subchapter A.  Election Dates

Sec. 41.001. UNIFORM ELECTION DATES.

(a) Except as otherwise provided by this subchapter, each general or special election in this state shall be held on one of the following dates:

(1) the second Saturday in May; or
(2) the first Tuesday after the first Monday in November.

Added by Acts 1997, 75th Leg., ch. 1070, Sec. 49, eff. Sept. 1, 1997.

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Sec. 41.0053. ELECTIONS ON SPRING UNIFORM DATE IN CERTAIN POLITICAL SUBDIVISIONS.

(a) This section applies only to:

(1) a city with a population of more than 450,000 in which all members of the city's governing body are elected at large;

(2) an independent school district or public junior college district with a service area that is primarily the same as that of a city described by Subdivision (1); and

(3) a metropolitan transit authority with a principal city described by Subdivision (1).

(b) A general or special election of officers of a political subdivision covered by this section shall be held on the spring uniform election date.


Added by Acts 1997, 75th Leg., ch. 1219, Sec. 6, eff. June 20, 1997.

Mike Moses: 'We Are Humbled, Honored and Ready to Keep Our Commitments'

Dallas ISD News Release - June 2003

DISD Superintendent Says Court Clearance of District Big Step For Moving Forward

Dallas Independent School District Superintendent Mike  Moses Thursday said that the district is "honored, humbled and ready to keep our commitments," in response to Federal Judge Barefoot Sanders ruling that the district has been lifted from the 33-year old desegregation order.

"We have always said that we give honor to the desegregation order," Moses said.  "Judge Sanders has releaseed the district from this case and we are humbled, honored and ready to keep our commitments adopted by the Board of Trustees in November of 2002. We are deeply appreciative of the comments the judge made about the District operations and its board.  We share the judge's belief that there is still much to be done in our district to make it a premier district.  We take the ruling today seriously and are dedicated to ensuring that conditions would not arise again that would require such court supervision."

In November of 2002, the district's Board of Trustees adopted a list of commitments that would be followed if the court were to release supervision from the desegregation order.  The Superintendent said the district will continue to meet the terms of those commitments.

"We want those in the communty who are uneasy with this ruling today to know that we are dedicated to ensuring that all children in the Dallas Independent School District receive the best education possible and that the district is commited to ensuring that all parties are treated fairly and equitably," Moses said.  "This is a new day for the district but we will continue to work to provide the best education possible for all students.  We know it is important to all citizens of this city to see the DISD operating in a manner that builds confidence and working relationships with those in our community."

Dallas ISD seeks court approval for special election at called board meeting Tuesday

It is a serious matter to take away the voting rights of citizens.

Showing no intention of immediately complying with the decision of the Attorney General, Dallas ISD has now posted the following item on the Agenda for a special called board meeting set for Tuesday, May 5 at 3:30 P.M.:

"5.  Consideration of motion to instruct board counsel to seek court approval for special election and to secure Department of Justice approval on election issued for the District."

Agendas are prepared by the Board President and Superintendent.

This means Dallas ISD intends to go to Court and the intention has already been determined by the Board President and Superintendent and others before the Board has even met to discuss the matter.

This is simply an effort to undermine the Opinion of the Attorney General (GA-0712) stating that Dallas ISD has violated  Section 11.059 (e) of the Texas Education Code.

The same Board and lawyers refused to get official written approval of the Texas Education Agency (TEA) and the Secretary of State Elections Division before taking away the voting rights of thousands of Dallas taxpayers and citizens.

Now that the Attorney General has ruled against the Board action, it is being proposed to spend more money on lawyers seeking "court approval" to restore the voting rights the same Board took away from thousands of citizens who would have been electing their Trustees on next Saturday, May 9th.

Seeking "court approval" is not required in order to call a "special election," but it serves the purpose of providing a new reason to fight the decision of the Attorney General in court.

The Department of Justice always has to clear election matters but that has nothing to do with going to court.

What is really intended is to find a court that will approve the term extension from three to four years that was found by the Attorney General to be a clear violation of the  "plain meaning" of Section 11.059 (e) -Texas Education Code requiring any changes to be made "Not later than December 31, 2007."

Instead of setting the special election, the Board is being asked to go to court.

It appears to be another self-serving agenda of political deceit, defiance and delay. 

See Agenda Here

Texas Attorney General says "No" to Dallas ISD trustee term extentions

This afternoon I was told of Attorney General Greg Abbott's opinion when contacted by Tawnell Hobbs of the Dallas Morning News and Dallas ISD Blog.

The opinion was not unexpected.  The Texas Education Code is clear.  

Attorney General Opinion No. GA-O712 now states:

"By its plain terms, subsection (e) permitted a board of trustees to adopt a resolution to change the length of the terms of its trustees, but only if the change was made no later than December 31, 2007."

All attempts to call this to the attention of the Board were rejected by Board members and Dallas ISD outside and in-house legal staff.  We were told that  only Dallas ISD has a special status because of certain special laws.  

When I asked if legal staff had spoken with attorneys for the highest election office in the state - the Secretary of State's legal staff - the answer was, "No."  Neither the Board nor the legal staff would agree to contact the Secretary of State's legal staff.  Both refused to do so.

We were told Dallas ISD lawyers  had contacted TEA and TEA staff agreed that Dallas ISD could change Trustee terms.  

Yet, when presented with the information relating to the change of trustee terms,  it was TEA Commissioner Robert Scott who did the right thing and requested the opinion of the Attorney General.

This was an agenda- - a ruthless political agenda, carried out by a wrongheaded board.  I believe the vote to extend Trustee terms was 7 Yes and 2 No.  I believe the vote to cancel elections was 8 Yes and 1 No.

Notice how certain Trustees will continue speaking the language of resistance and refusal to follow the law.  Dallas ISD has often refused to follow the law or policy when it matterd most.

Democracy won today.  Taxpayers won today.  Parents won today.  The people of Dallas won today.

There is only one honorable thing for the Board to do.  Admit the mistake and correct it immediately.

The Board should call a Special Board Meeting for the sole purpose of restoring elections in the three districts that were to be held on May 9, 2009.  

The earliest date will probably be November 2009 - unless a court orders an earlier date.  

Watch carefully!  

Great damage has been done to democracy in Dallas.  Voting rights have been sacrificed on the altar of political power.

Let's see if the Dallas ISD Board will finally do the right thing and restore the elections without further debate or delay.

More Here-Unfair Park

More Here-Unfair Park

More Here-Unfair Park

And More-DMN

And More-DISD Blog

And More-DISD Smackdown

Why rush to violate state law to protect Trustees from 2009 elections? Click Here - 11-20-2008

Daniel Webster Elemenary School to be closed beginning tomorrow due to confirmed case of swine flu

The Dallas County Health and Human Services Department has notified Dallas ISD that a student from Daniel Webster Elementary School has a confirmed case of the swine flu.

On Monday April 27, a letter from the Dallas County Department of Health and Human Services was sent to all Principals to be sent home with all students.   The same letter was posted on the Dallas ISD web site. 

http://www.dallasisd.org/SwineFlu.pdf

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April 30, 2009

The Dallas County Health and Human Services Department has notified Dallas ISD that a student from Daniel Webster Elementary School has a confirmed case of the swine flu.

In order to limit the opportunity for this virus to continue to spread, Daniel Webster Elementary School will be closed beginning tomorrow, May 1, until at least Monday, May 11, for the protection of our students and staff. Parents are welcome to pick up their children today if they would like. The school will remain open for the remainder of the day and buses will continue to run on schedule.

Dallas ISD officials continue to work closely with Dallas County Health officials to monitor any illnesses that are reported in our schools. If any students or staff have any flu-like symptoms (fever, achiness, coughing, diarrhea, or sore throat), please see a physician immediately for a flu test and report any positive findings to a school nurse.

Dallas Independent School District Education Improvement Commission

On Thursday, April 29, 2009, State Rep. Yvonne Davis, D-Dallas, added a required Dallas Independent School District Education Improvement Commission study to House Bill 3 overhauling school testing and accountability. Her amendment passed without opposition. 

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CS HB 3, A bill to be entitled An Act relating to public school accountability, curriculum, and promotion requirements.

Amendment No. 70 - State Representative Yvonne Davis of Dallas

Representative Y. Davis offered the following amendment to CSHB3:

Amend CSHB 3 (house committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS accordingly:

SECTION____.                                                                                                                                             

(a) The State Board of Education shall establish the Dallas Independent School District Education Improvement Commission to examine the following issues:

(1)  the potential efficiencies realized in the administrative operations of a small or medium size school district compared to a large size school district;

(2)  the potential improvements in the systematic management of a small or medium size school district compared to large size school district;

(3)  the financial stability of operating a small or medium size school district in Dallas County, including bond structure, tax revenue, and state assistance;

(4)  the ability of the Dallas County School District to provide for the overall transportation or other general needs of multiple school districts located in Dallas County;

(5)  any increase in parent accessibility to school district administration in a small or medium size district;

(6)  the effects of a small or medium size district on enhancing feeder pattern continuity; and

(7)  the effect of a projected student s’ enrollment on the ability of the current school district to meet the educational needs of the student.

(b)  The commission is composed of:

(1)  one person appointed by the board of trustees of the Dallas Independent School District;
(2)  one person appointed by the Greater Dallas Chamber of Commerce;
(3)  one person appointed by the Dallas Black Chamber of Commerce;
(4)  one person appointed by the Greater Dallas Asian Chamber of Commerce;
(5)  one person appointed by the Greater Dallas Hispanic Chamber of Commerce;
(6)  one person appointed by the mayor of the City of Dallas;
(7)  one person appointed by the mayor of the City of Seagoville;
(8)  one person who lives in the district of a state representative whose territory includes territory located in Dallas Independent School District, appointed by the governor;
(9)  one person who lives in the district of a state senator whose territory includes territory located in the Dallas Independent School District, appointed by the governor;
(10)  one representative from the Dallas Council of the Parent-Teacher Association.
(11)  one person appointed by Dallas County Commissioners Court; 2092 81st LEGISLATURE — REGULAR SESSION
(12)  one representative appointed by the Dallas County Tax Appraisal District;
(13)  a dean or representative from the college of education - University of North Texas-Dallas;
(14)  a dean or representative of the college of education - Southern Methodist University;
(15)  a dean or representative of the college of education - Paul Quinn College;
(16)  a dean or representative of the college of education - Dallas Baptist University;
(17)  one person appointed by the Region 10 Education Service Center;
(18   one person appointed by the Dallas Achieve Commission;
(19)  the State Board of Education member that represents District 13;
(20)  one member appointed by the Texas Education Agency; and
(21)  the comptroller.

(c)  The State Board of Education member serves as the chair of the commission.
(d)  The Texas Education Agency shall provide all necessary administrative and research support.
(e)  The commission may seek research support from the Council of Greater Cities School and the North Texas Central Council of Governments or any other  entity.

(f)  Not later than September 1, 2010, the commission shall submit a preliminary report regarding the commission s’ findings to the governor, lieutenant governor, speaker of the house of representatives, the presiding officer of each legislative standing committee with primary jurisdiction over primary and secondary education, Dallas Independent School District, Dallas County, the City of Seagoville, and the City of Dallas. Not later than December 31, 2010, a final report must be submitted to the entities listed above.

Amendment No. 70 was adopted on Wednesday, April 29, 2009.

Who will stand by Dallas ISD teachers

...facing a future of fear and uncertainty in the current culture of pain?

Maybe I missed it, but I don't recall the Board's approving the use of the Classroom Effectiveness Index (CEI) as a sole basis for terminating or not renewing teacher contracts.

Seems I recall the Board was told just the opposite - that CEIs would not be used in this extreme manner.

More on CEIs here

And More

If the Board did not give such approval, by what authority is the administration acting?

The issue needs to be revisited and clarified.

Stand By Me - Click Here

Jungle of delight at Jimmie Tyler Brashear Elementary School

Spiders, frogs and birds in hallways ...

True, dozens!  I was asked to come see for myself.  Parents and grandparents witnessed it too.

Not to worry though, the little crawling, jumping, flying creatures giggled way too much to be scary.  They were accompanied by lions, leopards, elephants and other forest (and farm) friends who also grinned and waved, over and over again. 

These "little dramatist/animals" are in Pre-K A, B, C, and D classes.  Students danced, sang, wiggled and twisted their way through a program celebrating The Week of the Young Child.

Parents also heard a presentation on early literacy strategies, by Pamela Rogers, librarian at Hampton-Illinois Library.  School and public librarians make great program partners.

Kudos to the Pre-K teachers and staff, JTB 2008 Teacher of the Year Ms. Green and her class, and Principal Dr. Hayes-Whigham for a lively and entertaining morning at Jimmy Tyler Brashear Elementary.

On Friday, we experienced a great educational  jungle of delight, and all creatures (big and small) were happy in it.   

Jimmy Tyler Brashear was listed No. 2 on the 2007-08 Elementary School Effectiveness Indices (SEIs) of Dallas ISD.

Kent Fischer's Legacy at Dallas ISD Blog

The Dallas Morning News is losing a good education reporter.  I believe today is his last day. Kent Fischer has done much to shed light on Dallas educational issues.  He wrote numerous informative articles that will forever be a part of the archives of Dallas ISD history.

Without Kent Fischer, perhaps there would not have been a Dallas ISD Blog--probably the legacy that will continue after his departure.   He was a primary mover in establishing that online community, and hopefully it will go on for many years into the future.  There are not many places where the free flow of opinion is possible.

As Dale Kaiser previously reported, Kent Fischer and Tawnell Hobbs have been awarded the 2009 Texas State Teachers Association School Bell Award for the Dallas ISD education blog.

Kent Fischer - a good education reporter, moving on with his life but leaving  a legacy of service and a place where people of different opinions will continue to discuss important local educational issues.

Politics of Deceit

"Political language is designed to make lies sound truthful and murder respectful, and to give an appearance of solity to pure wind." George Orwell (1984)

Political language is "intended not to inform, but to confuse, deceive, or as Orwell said, "make nothing appear like something."

Nominations being accepted for heroes for children award

The State Board of Education is accepting nominations for the 2009 Heroes for Children Award.

This annual award recognizes public school volunteers who have been strong advocates for Texas school children.  One person from each of the board’s 15 districts will be selected and the winners will be honored during the board’s September meeting.

The nomination form is available on the Texas Education Agency’s Web site at

www.tea.state.tx.us/index4.aspx?id=4140.

Completed applications must be received by 5 p.m. on Friday, May 29.

I teach in Dallas ISD

... My name is ... and I teach in Dallas ISD and have taught here for 7 years. I want to communicate with you how concerned I am about the use of CEI's and how they are used to evaluate teacher performance.

First of all, I love teaching! I always felt that teachers that teach in Dallas ISD are special because we have special students sometimes who have problems at home that preoccupy their time and make it hard for them to learn. We have to be conscious of that when teaching them and in interacting with their parents. I have felt for a long time that I want to be one of these teachers. Someone has to teach them, they are our future leaders!

Since we have been awarded recognition from the Brookings institute it would seem that we are on our way to doing that. My school has also been recognized or exemplary all of the years I have been there. I have taught third grade for 3 of these years and 1st and second for the other years. My TAKS passing rate at the time I taught 3rd was in the 90,s each time. Now all of the sudden I, along with some of my colleages are ineffective according to the CEI rating.

How can we be so bad that you do not want us in this school district any further? The PDAAS teacher evaluations do not reflect this, nor have we been approached by our administrator about problems in the classroom.

On the contrary, we are asked to tutor other students who are struggling and complimented on our teaching style. Our colleagues request our assistance with struggling learners and TPRI results show improvement. How is our school always recognized or exemplary? Yes, we did help this to happen! 

The CEI rating is comparing our students to like students in the district, not how they have grown from one year to the next. How can we be rated on one item and not take anything else into account before letting teachers go?  

I can handle the change in pay dates, the increased insurance premiums if I have to,but please, please do not use CEI's to determine my contract and also, keep learning center programs!

Thank-you for taking the time to read this and please reconsider this issue.

Dallas ISD Teacher

HB 3552 Slated for House Public Education Committee Hearing today

House Public Education Committee Chair Rob Eissler asked for a suspension of the rules to post HB 3552 for discussion in the Education Committee today.  He received the 4/5 vote required for the suspension.

HB 3552 ws filed by State Representative Yvonne Davis of Dallas.  It calls for the abolition of existing school districts in certain counties and the creation of new school districts.  HB 3552 would split Dallas ISD.

Learning Center desegregation plan waivers have been recognized by TEA every year since 2003

Dallas ISD now intends to violate the agreement it made with a federal court and its own policy (AE Local) that includes the Declaration of Commitments and Covenants upon release from court supervision.

Dallas ISD Learning Center desegregation waivers have been approved by TEA every year since the District was released from court supervision on June 5, 2003 and the Declaration of Commitments and Covenants adopted by the Board.  

Only now is misinformation being given about the history of this issue.

Section 1113 (a)(7) of the federal No Child Left behind Act of January 8, 2002 states:

"WAIVER FOR DESEGREGATION PLANS -- The Secretary may approve a local educational agency's written request for a waiver of the requirements of subsections (a) and (c), and permit such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school desegregation plan or a plan that continues to be implemented in accordance with a State-ordered or court-ordered desegregation plan, if ..." 

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To: Dina Hernandez  
School/Dept: Division of Formula Funding  
Phone: (512) 475-8525 ___________________  
Fax: (512) 463-7915  


From: Christina Campos  
Department: Budget Services  
Phone: (972) 925-3661  
Fax: (972) 925-3365  
Date: February, 1 2009  

Pages: 3  
(Including cover page)


Comments: The attached submittal letter reflects method used to determine comparability. Also attached is the signed the Comparability Assurance Document.

The completed Title I, Part A Comparability Computation Form is being e-mailed today.  

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February 2, 2009

Dina Hernandez,
Division of Formula Funding
Texas Education Agency
1701 North Congress
Austin, Texas 78701

Dear Ms. Hernandez:

Title I, Part A Comparability Computation Forms are being transmitted via e-mail. 

Data reflecting the number of enrollments and non-federal instructional full-time equivalent positions (FTE’s) were extracted from the preliminary PEIMS October 2008 snapshot data and is included in this report. Some of the non-federal instructional staff were included as central staff even though they are allocated to the campuses on an as needed basis and were not included in the PEIMS data. These employees have been prorated to the campuses, based on student enrollments, for the purpose of determining comparability. Campuses with pre-kindergarten enrollments were analyzed to determine whether instruction was provided on a full-day or half-day basis so that similar campuses could be compared.

The Magnet, Learning Centers, Vanguards, Montessori’s, Academies, Alternative, Vanguard/Academies, and Internal Charter schools have been excluded from the comparability calculations. The court desegregation orders of 1971, 1989, and 1993 mandated that additional resources be provided to these campuses in order to equalize the educational needs of students’ districtwide. In November 2002 the district’s Board of Trustees adopted a list of commitments that would be followed if the district were released from court-ordered supervision. In June 2003 the district was released from the federal desegregation court order with the Court partly basing its decision on the adoption by the board of the Commitments and Covenants. Data has been provided on these campuses for information purposes only (see 2007-2008 Campuses Excluded From Comparability.xls). A copy of the Declaration of Commitments and Covenants Upon Release from Court Supervision is enclosed.

If you have any questions concerning this issue, please contact me at (972) 925-3802.

Sincerely,

Steven Korby
Executive Director of Financial Services
Budget Services

Attachments

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December 1, 2005

Mr. Thomas E. Manley, CPA
Division of Formula Funding
Texas Education Agency
1701 North Congress

Austin, Texas 78701

Dear Mr. Manley:

Title I, Part A Comparability Computation Forms are being transmitted via e-mail. Dallas ISD is submitting a total of 24 forms for the grade spans listed in the attached.

Data reflecting the number of enrollments and non-federal instructional full-time equivalent positions (FTE’s) were extracted from the preliminary PEIMS October 2005 snapshot data and is included in this report. Some of the non-federal instructional staff were included as central staff even though they are allocated to the campuses on an as needed basis and were not included in the PEIMS data. These employees have been prorated to the campuses, based on student enrollments, for the purpose of determining comparability. Campuses with pre-kindergarten enrollments were analyzed to determine whether instruction was provided on a full-day or half-day basis so that similar campuses could be compared.

The Magnet, Learning Centers, Vanguards, Montessori’s, Academies, Alternative, Vanguard/Academies, and Internal Charter schools have been excluded from the comparability calculations. The court desegregation orders of 1971, 1989, and 1993 mandated that additional resources be provided to these campuses in order to equalize the educational needs of students’ districtwide. In November 2002 the district’s Board of Trustees adopted a list of commitments that would be followed if the district were released from court-ordered supervision. In June 2003 the district was released from the federal desegregation court order with the Court partly basing its decision on the adoption by the board of the Commitments and Covenants. Data has been provided on these campuses for information purposes only (see 2005-2006 Campuses Excluded From Comparability.xls). A copy of the Declaration of Commitments and Covenants Upon Release from Court Supervision is enclosed.

If you have any questions concerning this issue, please contact me at (972) 925-3655.

Sincerely,

John F. McGee
Division Manager
Budget Development and Control Services

Attachment

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There is an additional exclusion in the federal No Child Left behind Act of January 8, 2002 - Section 1120A(d) - Fiscal Requirements:

(d) Exclusion of funds - For the purposes of complying with subsections (b) and (c), a State educational agency or local educational agency may exclude supplemental State or local funds expended in any school attendance area or school for programs that meet the intent and purposes of this part.

Learning centers meet both the Section 1120A(d) exclusion and the Section 1113 (a)(7) waiver for desegregation plans.

Judge Harold Barefoot Sanders on the Learning Centers

Judge Harold Barefoot Sanders was a good and decent man and outstanding federal judge. 

His last thoughts on the Learning Centers are contained in the Court Order where he states that Dallas ISD promised the Court to continue and even replicate Learning Center programs in other schools.

Memorandum Opinion and Order (June 5, 2003)

"The Learning Centers are a valuable tool in the District's efforts to increase minority achievement, and their programs appear to be particularly effective.  Dr Moses testified that the Learning Centers "are outstanding programs" that are "certainly worthy of replication." The Covenants also refer to the replication of successful Learning Center programs at other schools throughout the District."

"The Court commends the District, both on its compliance with the Court's Orders in this area and on its commitment to maintain and replicate the Learning Center programs.  The Court relies on this commitment."

"The Court relies on the DISD's continued commitment to desegregation programs as evidenced by the Board-adopted Covenants.  The Court would regard any material deviation from those Covenants as a breach of faith."

Judge Harold Barefoot Sanders passed away on September 21, 2008.  

Learning Center deceit fails to mention federal waiver for desegregation plans

This is a racially targeted agenda.  

For some time it has been the agenda of this superintendent - and others before him - to undermine learning centers, established to address racial disparities found to exist by a federal court during the decades long desegregation lawsuit.  For years certain board members, Hispanic and white, have agitated to destroy the learning centers.

Learning centers, unlike the current agenda at Dallas ISD, were developed in response to evidence presented in a court of law.  They were not political - they were a targeted effort to overcome institutional racism in Dallas ISD.  They were created because the district was deemed unfair, unethical, immoral and discriminatory.  The need for the learning centers remains.

It is their origin, as special desegregation tools developed especially for African American students, that is deeply hated.

Last Thursday the latest deception was practiced.  The Board was told and news reports repeated that learning centers must be destroyed because of federal comparability requirements.  I requested all information received by the district from the Texas Education Agency (TEA).  

One page was received -- it outlined an internal discussion at TEA.  Nothing was provided showing a direct communication from TEA to Dallas ISD or from Dallas ISD to TEA. 

Since we had been informed that "Trustees" requested this review of the learning centers - not TEA, I asked last Thursday for the names of the Trustees who requested a review of the learning centers.  The reply was, "I do not recall."  Only Trustee Jack Lowe volunteered that he was one of the Trustees.  What was the secret?  Trustees asked for this review.  Who are they?

This is the new face of racial politics that reigns in Dallas ISD.  It is just as ugly as the old one which was easier to recognize.  Attack all programs that were originally designed for African American students and call it "reform."

It is simply the latest effort to remove resources that were intended to address the historic educational discrimination against black students.

Yet, neither the school administration nor press reports have once mentioned that there is also a specific federal waiver provision for desegregation plans.

Section 1113 (a)(7) of the federal No Child Left behind Act of January 8, 2002 states:

"WAIVER FOR DESEGREGATION PLANS -- The Secretary may approve a local educational agency's written request for a waiver of the requirements of subsections (a) and (c), and permit such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school desegregation plan or a plan that continues to be implemented in   accordance with a State-ordered or court-ordered desegregation  plan, if ..." 

Just as it was done when the Board and administration refused to obtain clearance from the TEA and Secretary of State's Office before rushing to change Dalllas ISD terms of office from three to four years, the effort is being made to practice a similar deception here.  

Learning centers and certain other parts of the desegregation plan can only be changed by a super majority of the Board (7 votes).  The 7 vote requirement was put in place for exactly the reason we see now - to make it more difficult to change the agreement made with the federal court in order to be released from over three decades of court supervision.  

The present callous board will attempt to disregard its own very clear agreement with the federal court and preserved as District policy in the Declaration of Commitments and Covenants (AE-Local) - if it can get away with it.

But this will also require at least one African American Trustee to betray the Declaration of Commitments and Covenants.

"This is about people fighting for the polluted pie--for a piece of it. But I'll be very disappointed if the African-American community starts losing resources."                         --Former Trustee Yvonne Ewell.

Declaration of Commitments and Covenants - Upon Release From Court Supervision

LIFE IS...

by Mother Theresa

Life is an opportunity, benefit from it.

Life is beauty, admire it.

Life is a dream, realize it.

Life is a challenge, meet it.

Life is a duty, complete it.

Life is a game, play it.

Life is a promise, fulfill it.

Life is sorrow, overcome it.

Life is a song, sing it.

Life is a struggle, accept it.

Life is a tragedy, confront it.

Life is an adventure, dare it.

Life is luck, make it.

Life is too precious, do not destroy it.

Life is life, fight for it.