General Assembly Post-Game Wrap-Up/Pre-Game Show: Tues., June 18, 2013

Filed in Delaware by on June 18, 2013

Conspiracy Theory of the Week: DSEA Sells Out Public Schools, Secures Raises for Teachers.

If you were wondering why DSEA agreed to support charter schools’ grubby grab of public cash earmarked for public schools, we may now have the answer. Included in the Governor’s budget is “$8.5 million for ‘step increases’  for  school employees, gradual pay raises teachers get as they gain experience and education”, according to Monday’s News-Journal article by Matthew Albright. Considering that the first $2 mill of the charter schools cash grab is also in the same budget bill, we can see how Markell bought off public education officials. Another $2.6 million is for ‘state testing computers’, yet more money down the rabbit hole of standardized testing. Need I remind anyone that we’ve got $8.5 mill for teachers’ increases, $0.00 for state employee increases. While I’m fine with raises for teachers, Strongly supportive in fact, I’m not fine with the Deal with the Devil that enabled them. Ladies and gentlemen, your Democratic governor. And the purported protectors of public education.

BTW, time for, IMHO, an important digression. Is it possible, just possible, that Jack Markell is campaigning…for CIA Chief? I’m (sorta) serious about this. The man who ran on the issue of government transparency has made secrecy the defining touchstone of his second term. First, the Port machinations. Then, the Charter Schools debacle, where his administration literally dared doubters to file a FOIA lawsuit. And, just this Sunday, an incredible piece by Jeff Montgomery in the News-Journal, which effectively lays out a strong case that Gov. Markell deliberately suppressed environmental data casting serious doubt on the environmental safety of the Delaware City oil refinery. Deliberately suppressed. Anybody getting angry yet?

End, for now, of my digression. You can bet that Al and I will talk about this today on the Al Mascitti Show, 10 am to 12 noon, WDEL 1150-Newsradio. You can also click here to listen live.

And now for….waitaminnit! Markell did what? Propose an $8 million bailout for the racinos? Aren’t they, what’s the word I’m looking for, monopolies? State-sanctioned monopolies? Owned by multimillionaires? And they still can’t cut it? The only question now is, which legislators will jump the shark along with Markell? His record as the steward of Delaware’s economy is looking a little challenged. Ruined, really. Not good for one’s presidential plans. Oh, well, there’s always a Grotto’s Pizza opening to tout. Maybe Markell should alter his approach of bailouts to billionaires, not even crumbs to working stiffs. But he won’t.

Here is the session report for last Thursday. My environmental friends are enthused about the passage of HB 179(Scott), which purports to “reduce average customer energy bills and (to) create local jobs by driving investments in energy efficiency that displace more expensive energy supply purchases.” 

Nothing else really caught my interest, but YMMV.

Some interesting bills on today’s House Agenda:

SB 97(Henry) “adds the term “gender identity” to the already-existing list of prohibited practices of discrimination and hate crimes. As such, this Act would forbid discrimination against a person on the basis of gender identity in housing, employment, public works contracting, public accommodations, and insurance, and it would provide for increased punishment of a person who intentionally selects the victim of a crime because of the victim’s gender identity.” SB 97 received the bare minimum 11 votes required to pass the Senate. I think it will likely have a more comfortable margin in the House.

HB 73(Mitchell) “will help deter the illegal possession of firearms by dangerous criminals by increasing the penalties imposed upon persons convicted of violating the crime of Possession of a Firearm by a Person Prohibited. Adults convicted of illegally possessing a firearm after having been previously adjudicated delinquent as a juvenile for acts constituting a violent felony will receive a one year minimum mandatory prison sentence, and persons prohibited from legally possessing a deadly weapon who are convicted of illegally possessing a firearm within 10 years of a prior conviction or adjudication of delinquency for a violent felony, or for illegally possessing a deadly weapon, will receive a three year minimum mandatory prison sentence.” To me, one-size-fits-all minimum mandatories is almost always misguided. Leave the sentencing to judges.

HB 95(Heffernan) “provides the Department of Natural Resources and Environmental Control with the authority to impose environmental liens on real property in an effort to recover taxpayers’ money expended by the State in order to investigate and clean up contaminated properties in circumstances where the property owners who caused the contamination have failed to do so.” About bleeping time. Real good bill, hope it gets through both houses by June 30.

SB 73(Hall-Long)authorizes a licensed pharmacist, pharmacist intern or pharmacy student under the supervision of a pharmacist to dispense hypodermic syringes or needles without a prescription to individuals who are at least 18 years of age. The Bill also adds an exemption for individuals licensed by the Delaware Board of Nursing and who are providing hypodermic syringes or needles in the course of patient or discharge teaching or in the course of routine patient care to indigent clients.” There were 2 no votes and 2 ‘not votings’ in the Senate. Appears to have bipartisan support.

A long Senate Agenda today. However, much of it, for better or worse, will be pro forma. The annual corporation law package will fly through, as will the annual package of Sunset Committee bills. Leaving a couple of interesting bills to consider.

SB 116(Cloutier) is a really good bill, and it’s sponsored by a Republican. This is notable because, in the Senate, it’s rare for an R to sponsor a truly substantive bill. Here’s what the bill is trying to do:

No person who suffers an alcohol or drug overdose or other life threatening condition should die because of fear of criminal charges. It is within Delaware’s best interests to encourage reporting dangerous situations where they occur as not only does it save lives, but it also allows those persons saved to seek the treatment and assistance needed to regain a healthy lifestyle and be productive citizens and neighbors. This Act shall be known as the Kristen L. Jackson & John M. Perkins, Jr. Law. On January 31, 2012 Kristen L. Jackson passed away at the age of 23 years old. On May 5, 2011, John M. Perkins, Jr. passed away at the age of 30 years old. If the Good Samaritan 911 Law had been in effect the outcome may have been different. We hope in passing this law that it will save other parents from the pain their parents have endured.

The bill has broad bipartisan sponsorship. I think it will pass handily, if not unanimously.

SB 117(McBride) enables Delaware to join the Interstate Wildlife Violator Compact, a nationwide law enforcement network aimed at preventing lawbreakers who have lost their hunting, fishing, and/or trapping privileges in one state due to egregious crimes, such as poaching against wildlife or fisheries resources, from carrying out those activities in other states. Delaware would become the 40th state to join this compact.

SB 98(Henry) adds criminal background check requirements, and prohibits licensure for those convicted of sexual offenses, for many health professional and occupational licensees and applicants.

BTW, HB 165 is scheduled for Senate consideration this Thursday. You have been alerted. Thanks again to Sen. Blevins for providing fair notice for notable bills scheduled for consideration. Yet one more significant improvement over the reign of Tiny Tony.

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  1. HB 165 is taking on some legendary statistics:

    1). Weeks before even being introduced, HB 165 had a section – the Charter School Performance Fund – that was referenced as a JFC mark up allocation.

    2). HB 165 was scheduled for Senate floor consideration a day after its Senate Committee hearing would even have met and possibly released it.

    And much thanks for the perspective noted about the teacher step increases. Only a seasoned insider like you, El Som, has so far picked up on the fact that this is a DSEA bribe piece that is being denied the rest of the state employees.

  2. Truth Teller says:

    This guy is a big jerk I am glad that I did not vote for him this past election now he also wants to bail out the casinos with tax payer monies and to think he was just talking about raising taxes

  3. Mike Matthews says:

    As a very active and engaged DSEA member and someone who is strongly against 165, I can say this is the first time I heard this theory about selling our support in order to get the required-by-law step and salary increases in the budget. They’re supposed to be in the budget anyhow, so I’m not sure how this is some “deal.” I’m just not seeing this and I’ve pretty much been on the inside track of all discussions of this bill from the outset. Not sure there’s any meat to this one.

  4. You may be right, Mike, but here are my questions. Markell either had to have something over their heads, or they sold out for some other reason. What was it?

    While you are correct that the money is supposed to be in the budget anyway, barring statutory action, the fact that Markell immediately yanked the chain of the school superintendents when someone dared question this deal tells me that he was willing to either withhold something or go to war with people in order to get his charter schools money grab through. Plus, even though the money is supposed to be in the budget anyway, you will note that public education officials fell all over themselves to praise the Governor’s commitment to education. Guess ‘commitment to education’ means not cutting anything that the State is already required to fund.

    What’s your take?

  5. Mike O. says:

    Mike, DSEA motives for rolling over on HB 165 are baffling and inscrutable. I am mindful though that DSEA represents itself and only itself, and despite expectationsto the contrary, has no obligation to the public. I am not even sure they represent teachers anymore, or anybody other than their leadership group. So it’s really none of my business. But until DSEA provides some explanation, all speculation is fair game. These are people who practically spend more time with our children than we do. So we wonder.

    And it’s not just DSEA; look what happened to the superintendents:
    http://seventhtype.wordpress.com/2013/06/16/the-art-of-persuasion/

  6. cassandra m says:

    This (from the NJ) is *exactly* what we should not be doing:

    Secretary of Finance Tom Cook said the $8 million in casino funds will go to offset expected increases in their vendor costs. He said the money was not a “tax cut” but was intended to stem rising costs that are threatening the casino business in Delaware.

    Delaware taxpayer funds being used to “offset expected increases in their vendor costs”. This isn’t what State money should be doing. These businesses should be in the business of managing their own increased costs — which means getting more competitive and getting leaner. If State employees are still not getting a raise, if schools are laying off staff — we should NOT be giving money to private businesses to offset their increased costs.

  7. AQC says:

    I know some small businesses that could use a bailout!

  8. And what is the meaning of the comment about “rewriting the law” ‘in Albright’s mangling of the story about the $31 million
    (Steve Newton http://delawarelibertarian.blogspot.com/2013/06/lets-just-buy-news-journal-big-fuzzy.html
    and John Young have torn it up superbly):

    ” The largest portion of that growth comes from $8.8 million to fully fund schools based on the increased enrollment and $8.5 million for “step increases” for school employees, gradual pay raises teachers get as they gain experience and education.

    The state is required to fully fund both programs, so Markell and the Legislature would have to rewrite the law to make changes”

    …….does that mean that only funding the step increases for teachers requires an accompanying revision in the law?

  9. Mike O. says:

    “Another $2.6 million is for ‘state testing computers’, yet more money down the rabbit hole of standardized testing. ”

    Interestingly, the new upcoming test (SBAC) has LOWER hardware requirements than the current test.

  10. heragain says:

    I happened to be present when a school board member challenged a legislator of his support of the charter funding bill. The legislator said, “The DSEA supported it.” and there it was.

    I, also, am very curious why. Those folks have a lot of clout.

  11. Mike O. says:

    HB 165 is an existential threat to DSEA member’s jobs. How can DSEA endorse the bill without a vote by the rank and file? There should be an internal revolt brewing right now (don’t tell me if there is).

    In recent memory DSEA leadership has been a vehicle for the private ambition of its leaders. This has been fueled by the ability of the Governor to “win” DSEA endorsement through a backroom handshake. DSEA bylaws have apparently given the Governor that ability.

    Is that pattern developing again? Some idealistic DSEA member needs to find a way to force a membership vote on legislative endorsements.

  12. kavips says:

    Just a caution over getting too excited over the $8.5 million.. Both the $8.8 million (for fully funded schools) and the $8.5 million (for step increases for public school employees) are mandatory funded programs. They are required to be funded by existing law. Which means to not fund them, the law has to be changed to allow it…

    So for the DSEA to sell out for a mandatory funding line in the budget, doesn’t quite fly. though in this world of where our General Assembly acts more like a politburo, I guess anything IS possible. What makes more sense is that their legal counsel is on Markell’s team. That would be DSEA’s recent attorney and now Exec. Director, Jeff Taschner, who is a adoring Markell groupie as is his wife, Renee who is a now the Markell appointee to the DE Vo Tech Board and newly slated NCC DEM Party officer. When your own attorney advises you grave legal consequences will occur if you take action, one tends to listen.

    Actually what is more amazing, is the News Journal trumpeting Markell, giving him credit for mandatory increases into the budget based on increases in the number of pupils attending, and the educational enhancement of its teachers as his own doing. Its as much bluster as if Al Gore took full credit for the existence of Hurricane Sandy…

  13. Mike O. says:

    Taschner, Jenner, as well as a few supers were on the FOIA-flouting charter working group. The supers for Red Clay and Christina were conspicuously absent. The group also include several legislators, who you would think have a duty for communicating with the public, but instead continue to participate in the conspiracy of silence (which “may” be illegal).

    What we have here is a whole kennel full of dogs who didn’t bark.

  14. Steve Newton says:

    If you go back and look at Markell’s budget highlights you will also find that, aside from the step raises for teachers (which are, I believe, contractually mandated), there are also step raises for Del Tech employees. Another $8 million or so …

  15. kavips says:

    First, every governor has an executive mandate. We elect them based on who we think they are, and we trust them to run things for 4 years. Only a few of us (relative to the general population) try to steer the direction in small ways or set up roadblocks so permanent damage is not done.

    That said, if his objective is to open our school districts to Wall Street Investment, so giant huge charter organizations with 100’s of schools can now move in, siphon up property tax dollars, pipe them back to New York to be used anywhere they may reap margins well over 10%, then he has the legal right to do so by any effective means he can…

    If that is his objective, putting our property tax dollars into hedge funds, he can legally form working groups, staff them with those sympathetic to his aims, and buy off those who might raise rightful objections with cheap promises; he certainly has the right to do so, and most of it is completely legal…

    Obviously, doing something that most people find apprehensive such as killing puppies, has to be done in secret. You can’t let the public in on something you want to do that they flat out don’t. So you phrase your puppy killing as improving the environment for the next generation of dogs, as increasing the puppy food supply for the future, and use every euphemism one possibly can.

    The bottom line, is that HB 165 opens the door for our property tax dollars which so far have luckily remained here inside Delaware, to now get sucked out as with a giant vacuum cleaner up to Wall Street and across the undeveloped world….

    If I were Markell, and I wanted to do exactly that, I would have handled this exactly the same way he did… One can’t fault him for that….

  16. Geezer says:

    Nothing like evidence-free speculation. Oh, wait, that’s all you indulge in. Carry on.

  17. john kowalko says:

    It’s a sad day for the people of Delaware when the only statewide newspaper chooses to show a bias and favoritism to one side of a discussion. It is, however, infinitely more egregious when that same media source chooses to publish a rather duplicitous and disingenuous account that seems to be offered only to misrepresentative actual facts and mislead opinions. I am referring specifically to the News Journal’s Sunday article headlined “Markell’s plan provides “MORE” education funds”.
    This goes beyond the pale of honest and objective journalism and seems to be a biased force-feeding of unsubstantiated information by DOE and OMB. I presented the exact opposite of this skewed perspective during the debate on HB 165 both in committee and on the House floor. Those facts show that of $67+ million in cuts to education (including but not limited to: $9.4M–Reading Resource Teachers, $3M—Math Specialists, $1.35M technology Block Grant, $8.2M—School-Based Discipline Program, $4.59M—Academic Excellence Allotment, $1.1M Teacher Cadre and Mentoring—and many other necessary “EDUCATION” programs) only $27.4M is being backfilled by the “Educational Sustainment Fund-AKA –proposed budget. This leaves a conservatively estimated shortfall of over $40M in public education funding not an increase of $30M. I will attempt once again to bring an honest clarity to the facts at hand.
    Leading off with the statement that the Governor’s proposed budget includes “no new education cuts” intentionally fails to admit or even address the reality that there are over $40 million in unrestored education cuts that were previously imposed upon public schools, districts and children.

    I will attempt to dissect this misrepresentation of reality foisted upon the public as simply I can.
    Of the self-proclaimed $31M in “more” education funds subtract $17.3M for the funding increase mandated by law to hire enough teachers to meet the increase in enrollment (8.8M) and “step increases” also mandated by law ($8.5M). Balance of $13.7M alleged increase
    $2.65M funded for state mandated testing cannot be construed as “increased” funding. Increase balance now computes to $11.05M.
    $2.25M listed to support a technology block grant (see previous tech. block grant cut of $1.354M). Balance now dwindles to $9.7M.
    $3.3M to fund additional health resources personnel in schools should be listed in Social services but I will not deduct from balance that now stands.
    $2M to pay for full-day kindergarten in the Indian River District is a state mandated obligation and is not “more” funding leaving the balance at $7.7M.
    $1.5M to continue an “enhanced pay plan” for para-professionals is a particular offensive misrepresentation of a state obligation still unfulfilled. Paras have been paid below the Federal Poverty level, requiring many of them to need food-stamp assistance and other social safety-net monies. # years ago I presented the reality to the JFC that they would need a $2500 per year raise to reach those minimal poverty levels and it was agreed to step it up at approx. $850 per year until they reached that level. That was the best deal that could be worked then due to the recessionary effect on the state budget so part of a loaf is better than none. To $1.5M is the next step in that leveling and should not be considered anything other than a moral obligation with economic benefits to all Delawareans. Remember those “paras” are often the only teacher resource available to stabilize the school environment for severely challenged “special-needs” students. Balance of additional education funding now stands at $6.2M.
    $421,000 for Early Childhood Assistance Program should come from the “STARS” or early childhood grant contest winnings and $300,000 branded as bolstering ‘gifted/talented” programs is merely another state sponsored contest for limited funds that are insufficient and not available to all children. Balance now stands at $5.5M.
    $2M dedicated to a fund (upon passage of HB165) that is restricted only to Charters and access denied to traditional schools cannot be counted as “additional/more” educational funding. Balance stands at $3.5M.
    $350,000 additional minor cap improvements for charters that can be used to fund improvements and appreciate values on privately (not taxpayer) owned buildings and properties. Balance is now at $3.15M.
    Finally consider this little gem of deception. $3.2M to backfill state agencies “including education” that are taking hits from sequestration cuts. THIS IS TO BE SHARED AND WHATEVER SHARE GOES TO PUBLIC EDUCATION CANNOT AND SHOULD NOT BE CONSIDERED ANYTHING OTHER THEN WHAT IT IS, A BACKFILL TO PREVIOUS COMMITMENTS, TO PUBLIC SCHOOL CHILDREN, THAT HAVE ALREADY BEEN MADE.
    Final balance of added state revenue to Public Education calculates to minus—$.015M.
    Please post and share everywhere you wish since obviously the News Journal will not be interested in the unbiased facts being presented.
    John Kowalko

  18. AQC says:

    Hey John, with a little less bluster and grandiosity your diatribe might be readable! How many drinks fed into that nonsense?

  19. SussexWatcher says:

    John: You may have a great point buried in there somewhere, but I’ll be damned if I can find it.

    TL;DR

  20. kavips says:

    Point is. the News Journal announcement that Markell is increasing educational funding by $31 million is wrong. It should read decreasing it to a minus $.015 million less. Since that pushes the levels of incredulity, he left in all the data so the figures could be verified.

  21. Citizen says:

    The NJ’s prior Ed. reporter, Nichole Dobo, was much better, but she was taken off the Ed. beat ~9 months ago (maybe around the time that Gov’s charter task force began meeting, in fact). Does anyone know with certainty whether she was moved b/c of her journalistic professionalism & unwillingness to author such biased pieces? This has been my strong suspicion.

  22. mediawatch says:

    The NJ switch was the sort of musical chairs that happens all the time in the news business.

    Eric Ruth, one of the business reporters, took a PR job with state tourism office. To fill his slot, they moved Wade Malcolm, the higher ed reporter, to the business desk (banking and real estate), and gave Nichole the higher ed beat (plus religion, I heard, though I can’t recall a single religion piece she has written). They filled the K-12 education beat with Albright. All I can find on him is that he previously worked in Houma, Louisiana.

    No reason to believe Nichole was moved because she was doing too good a job. Reporters do burn out covering the same stuff for more than a couple years (been there, done that, so I know) but it’s unfortunate that they replaced a knowledgable reporter with a newcomer on such a critical beat. It becomes a net loss for both the paper and its dwindling number of readers.

  23. SussexWatcher says:

    Dobo got a beat change only very recently, not 9 months ago. Her husband moved from the higher ed beat to the business staff, and she moved to higher ed. The new guy just doesn’t know squat and is, I believe, nor far removed from high school himself.

    Personally, I never found her reporting to be all that knowledgeable. Lots of parachute journalism.

  24. Another Mike says:

    Looks like Jack will get his $8 million to the casinos if The News Journal is to be believed. Venables says it’s “better than nothing,” indicating that he supports even more than what the governor has suggested. Sounds like he would be supportive of reducing taxes for the millionaire owners.

    This has bipartisan support. There are comments from Lavelle and Bonini, who seem to love the free market until the casinos come with their hands out.

    Meanwhile, non-union state employees are working their fifth straight year without a raise. They haven’t even returned to the level they were at when Markell asked state workers to take a pay cut.

  25. John Young says:

    The last thing I would do is speak for Nichole, but my strong sense is that after three years, Nichole and the NJ were ready for a fresh beat. Her toes are still in the EDU waters with the higher ED beat and she does cross over gently on the Delaware Ed Blog.

    As for Mr. Albright, and this may surprise some here, I find him unfailingly pleasant. I thought Nichole answered a phone fast until I met this guy and despite his predilection for all things Bayou…ROLL TIDE, btw… he has never intentionally misrepresented a fact. In fact, I would suggest that 99% of what was wrong with his “Markell asks for more money” story was, once again, the gross EDITORIAL BIAS of the News Journal’s PATENTLY INCOMPETENT headline writers. When you read the article, it does disclaim mandatory increases in enrollment count. My only criticism of the article itself is the allowance of a ridiculous quote from Mr. Blowman, Depty. Sec. Ed., saying that Markell’s “ask” showed great commitment without asking how he could possible assert that given the facts of how the 31.0MM was actually put together.

    Unfortunately, Mr. Albright, as Ms. Dobo before him, don’t get to write headlines. Honestly, if that job was a paid position, I guarantee I would sell more copy with the headlines I would put on the News Journal education pieces.

  26. Mike O. says:

    Plus, this is Albright’s first Delaware budget season. It’s not easy to grasp until you have watched it go by a few times. What they say ain’t necessarily so.

  27. Mike O. says:

    Mike M. liveblogging Education Committee from Senate; not sure if it is still going on,

  28. pandora says:

    Mike M. tweets: “#hb165 signed out of committee. Floor vote tomorrow.”