Tuesday, October 15, 2019

OSSAA Competitive Equity Plan

   The OSSAA's plan to revise Rule 14 to promote competitive equity in the OSSAA falls woefully short of accomplishing its goal. An 'OSSAA appointed' committee was charged with studying the competitive equity issue about eight months ago. They were further charged with coming up with a plan which will promote competitive equity for all member schools.
   Before we take a look at the OSSAA's recommendations for "tweaking" Rule 14 to level the playing field for all schools, let's look at the Oklahoma high school football rankings this year as a way of determining the effectiveness of Rule 14 for promoting competitive equity. Only about 6% (20 of 337) of the total member schools which participate in football are 'private', which leaves 94% 'public'. There are six classifications in which both public and private schools participate: 5A, 3A, 2A, A, B, and C. No private schools participate in classes 6A and 4A football. The high school football class rankings according to the Daily Oklahoman after seven weeks into the season include:
Class 5A - Bishop McGuinness #1
Class 3A - Heritage Hall #1, Lincoln Christian #2
Class 2A - Metro Christian #1
Class A   - Rejoice Christian #2
Class B   - Regent Prep #2
Class C   - Southwest Covenant #1
   Only time will tell as to how many private school state champions will be crowned in December, but there is a good chance that a private school state champion will be crowned in all classes in which they participate. The fact that private schools make up only about 6% of the total participants indicates that Rule 14 has been a total bust for promoting competitive equity in the OSSAA.
   Further evidence that Rule 14 (implemented in 2012) has not been effective for leveling the playing field in football, is collected when we examine the final rankings for high school football in 2011 (one year prior to implemention of Rule 14 for competitive equity):
Class 5A - Bishop Kelly - top 8 (beaten in the 2011 state quarter-finals)
Class 4A - Bishop McGuinness - top 4 (beaten in the state semi-finals)
Class 3A - Cascia Hall #2
Class 2A - Lincoln Christian - top 8 (beaten in the state quarter-finals)
Class A   - No private schools
Class B   - No private schools
Class C   - No private schools
   As noted in state news a few weeks ago - the OSSAA has not been very good at gathering 'athlete concussion' data and analyzing that data in solving this student health crisis. The OSSAA has publicly stated that it's waiting for Texas UIL to study the problem before addressing it. It comes as no great shock that the OSSAA would 'drag its feet' in addressing the public/private competitive equity issue, if it has done the same thing for much more serious problems.
   The OSSAA committee assigned to study the competitive equity issue and form a solution to the problem, listed one research article - "National Review of Interscholastic Competitive Balance Solutions Related to the Public-Private Debate" Volume 1, Issue 1, 2015 of the JOURNAL OF AMATEUR SPORT. The research document noted several methods by which state athletic associations have attempted to level the playing field for both public and private schools, including enrollment "multipliers" and "advancement" rules similar to Oklahoma. The research indicated, however, that most, if not all these enrollment based rules have failed to promote competitive equity. The document goes on to relate that "separate playoffs" for public and private schools is the "... only competitive balance solution to eliminate the public vs. private issue by isolating private schools to separate playoffs" (page 41). One must bear in mind that the OSSAA touted this research when devising its own competitive equity solution.
   So, just what is the OSSAA's new competitive equity plan for leveling the playing field for all members? We've not seen it in print just yet, but a report by the competitive equity committee entails that it involves bumping the top four finishers in class 5A volleyball and tennis, to class 6A. To many OSSAA member schools, this plan looks like some sort of convoluted joke.
   There are five private school volleyball teams in class 5A and twenty-seven public school teams. All five finished in the top eight, which means that two teams will move up to class 6A. (Three of the five were already playing up a class, so may not advance to class 6A.) The two lowest ADM class 6A volleyball teams will then 'bump down' to 5A, to replace the two 5A teams which advanced to 6A.
    In related news, the NCAA has announced that it will create another division for college sports. In addition to Division I, II, and III for athletic competition levels based on scholarships and ability to recruit - there will now be Division IV, for those colleges which have a lot of 'out-of-state' players. It has been suggested that those schools such as the University of Oklahoma, which have a lot of 'move-ins', have an unfair advantage over those schools which do not (like Texas and USC). According to the NCAA, a large number of 'move-in' athletes does not promote competitive equity. Of course, this is fake news, and asinine for the NCAA to ever consider.
   It was suggested to the OSSAA membership by an OSSAA official, however, that 'move-ins' create a tilted playing field in competition between member schools. In other words, competitive equity cannot be achieved without considering the number of 'move-in' players a team has. The official even provided my school as an example. I believe the official knows this is a ridiculous factor to consider when promoting competitive equity, but simply used it as a distraction from the real factors (providing student financial assistance and restricted enrollment). The same OSSAA official claimed we have published misleading, inaccurate, or emotionally charged information in the data above.
Update - October 31, 2019: We attended the OSSAA regional meeting at Westmoore high school. The OSSAA's plan for tweaking Rule 14 (Competitive Equity) involves advancing the top four finishers in 5A volleyball and tennis to class 6A, just as we expected. The class 6A traditional public schools in attendance were unhappy with the OSSAA suggestion. They believe that this new Rule 14 will lead to a "super-class" of volleyball and tennis teams in the OSSAA. The OSSAA's response was that there is already a super-class in class 5A, indicating that we'll now have two super-classes for volleyball. The OSSAA indicated it will probably send the new competitive equity plan out to vote of the membership, but there are many class 6A schools which will vote 'No', and countless other schools which will vote 'No', because the new Rule 14 tweaker does nothing to address the real problem - competitive equity in the OSSAA. In fact, the OSSAA's analysis of the data indicates that the competitive equity problem has been solved for all other sports. The competitive equity problem for member schools has not been solved for any sports!
Update - November 13, 2019: For the 2019 football playoffs, fifteen of the twenty private schools made the playoffs, or 75%. Only about 52% of the public schools are playoff bound.

Monday, October 14, 2019

Life Perspectives - George and Alpha

   I often espouse my opinions and lament about public school issues in this column, but sometimes relate personal views and perspectives of events which have affected us all at one time or another. Every now and then something happens to each of us which causes a realignment of what is really important in life. It seems that those life-changing events happen at a faster rate when we get older. Twenty-five years ago, my twelve year old nephew, Austin Beckham, tragically died from an accidental gunshot. I still haven't fully recovered. The child's father (my brother) hasn't either, but he was the strongest I've ever seen in dealing with this tragedy.
   I suppose some people have such an inner strength and faith, that they actually become stronger when faced with adversity. Such is the case of my brother... and Glenn Floyd, who lost two young daughters in a house fire in the 1970's. I asked both my brother and Glenn how they recovered from such a personal tragedy, and their answers were the same - Faith in God and work. People also must have another reason to continue on, and its usually for others. In other words, when something tragically happens to a loved one, most people actually become stronger and more faithful for their loved ones still around them. It is when this reason for living disappears, that many couples leave us at the same time.
   George Ingram, my brother-in-law, was diagnosed with pancreatic cancer about three months ago. A pancreatic cancer diagnosis is most often a death sentence in the majority of cases, but George fought valiantly with the help of his wife Alpha. Unfortunately, George succumbed to the disease at the end of September. The battle was gut-wrenching for George as well as Alpha, and it took its toll on her. George was 63 at the time of his passing, and Alpha was 58 (still young by my standards).
   On Wednesday, October 2, 2019, a neighbor found Alpha unresponsive in her home. She was transported to the hospital and placed in intensive care. My wife Sherrie (Alpha's sister) went to the hospital to support Alpha. Sherrie stayed with her for several days. The next week, on Tuesday evening, as Sherrie was taking a break to eat, Alpha called her from the hospital and said she was dying. Sherrie rushed back to the hospital to see Alpha and try to comfort her. That night, Alpha "coded" and became comatose. The doctors and nurses did everything they could over the next several hours to save her, but at around 10 AM on October 9 - they decided that they could only make her comfortable during her last few hours. Sherrie asked them to stop extraordinary life-support at around 12:50 PM. Alpha left us at 1 PM on October 9, and is now with her husband George - where she always wanted to be.

Monday, September 16, 2019

Epic Conflicts of Interest

   As noted in the news, Epic Virtual and Blended Charter Schools continue to be investigated by the FBI, OSBI, and State Auditor and Inspector, for embezzlement of state funds, racketeering, and related crimes. The investigations may be hampered by potential "conflicts of interest", however, as acquired information has been slow in coming, as those who could be implicated have a lot of money to lose.
   Those which may have a lot to lose if Epic owners are eventually held accountable for Epic transgressions could be:
   1) Brad Clark, the current legal counsel for the Oklahoma State Department of Education (OSDE). Clark was the attorney for Ben Harris and David Chaney, aka Butch Cassidy and the Sundance Kid, in a lawsuit against the University of Central Oklahoma for withdrawing its contract to be the sponsor of Epic in 2010. At that time he was employed by the Bill Hickman Law Firm which represented Butch and Sundance in 2010. Brad Clark's wife, Tiffany, is currently Epic's Contract Compliance Clerk. Clark contributed $700 to Joy Hofmeister's re-election campaign in 2018. Does Clark have a conflict of interest and a lot to lose if Epic players are indicted? Remember, Brad Clark was the OSDE employee who handed over Oklahoma teachers' personal information to Epic only a few months ago.
   In a July 12, 2019, Tulsa World article Brad Clark is quoted as saying that, by law, blended learning charter schools (such as Epic's Blended Learning Center) "are subject to the same attendance requirements as traditional charter schools". On August 13, 2019, in a correspondence to a State Senator, Clark contradicted his earlier statement by saying "It appears that Epic-Rose State (BLC) has adopted an attendance policy that parallels that which has been adopted by Epic One on One Virtual as required pursuant to 70 OS 3-145.8." However, the Contract for Epic Blended Charter-Rose State College 2017-2022 requires compliance to 70 OS 3-136.
70 OS 3-136 (11) requires compliance to 70 OS 1-109: 180 Instructional Days or 1080 hours.
70 OS 1-109 requires compliance to 70 OS 1-111: 6 Hour school day.
   In a September 20, 2019, Tulsa World article Epic Charter Schools sends state senator 'cease and desist demand' letter, "An attorney for Epic Charter Schools issued a 'cease and desist demand' letter to a state senator who has been raising questions about the legality of the school's student attendance practices..." An excerpt from the letter reads - "You are hereby put on notice to cease and desist all defamation of Epic, Its staff and false accusations related to the school." Epic attorney Bill Hickman wrote the letter. Brad Clark, the OSDE legal counsel, was employed by Bill Hickman before being employed by the OSDE. Could this be the conflict of interest involved when Clark readily handed over teacher personal information to Shelly Hickman, assistant superintendent at Epic and the wife of Bill Hickman, a few months ago?
   When public schools require legal guidance to answer questions or provide a course of legal action, they usually employ a law firm or attorney. Since most schools retain legal expertise to address legal issues, and since public schools are run by elected school boards - boards retain the soul authority to direct legal action. Epic Public Schools has two School Boards to direct such legal action - Epic One on One Virtual Charter School Board and Epic Blended Charter School Board. The (Bill) Hickman Law Group may be on legal retainer with either or both of Epic's Boards to address legal issues as indicated in the 'cease and desist demand letter', but nowhere can it be found in either Board's minutes that the Hickman Law Group was directed to address the Epic legal issue outlined in the letter. If the Hickman Law Group is acting without the authorization to act, and spending taxpayer dollars without Board authorization, does this constitute fraudulent correspondence? If the Hickman Law Group has used the US Postal Service to deliver such unauthorized legal correspondence or action against a State Senator - does the correspondence or threatened legal action constitute federal mail fraud? Many school law experts believe the answer to both questions is yes.
   Another question which may only be answered by the Attorney General's office or a district attorney is: The Hickman Law Group, retained by Epic Public Schools, has evidently acted without appropriate board approval. Does this act constitute a violation of the Open Meetings Act, 25 O.S. Sections 301-314? Since the Hickman Law Group may be retained by private entities (Ben Harris and David Chaney), it may not constitute a violation of the Open Meetings Act. Once again, though, The Hickman Law Group claims to be retained by Epic Public Schools, not Harris or Chaney, so should be directed by the Epic School Board(s). It also appears that no authority has been provided to the superintendent of Epic to direct such legal activity.
   2) Joy Hofmeister, State Superintendent of Schools. Fact #1 - Since 2014, Joy Hofmeister received almost $50,000 from Ben Harris, David Chaney and their spouses, and Epic lobbyists, in campaign funds to favor Epic in all education decisions. Fact #2 - According to a Tulsa World article on July 25, 2019, Swink school district facing forced consolidation says Epic leader offered a rescue: 'I'm in pretty good with Joy'. A Swink school board member is quoted "I got a call from Ben Harris (of Epic) about two weeks ago. He had heard that we were in trouble, and he was offering the possibility to annex into Panola, the little district they already control. I told him, I'm a one man board. Everyone else has resigned, and I can't make any decisions. The (state) Department of Education is going to destroy us. He (Ben) said, 'If you're interested in this, I'm in pretty good with Joy (Hofmeister). I can get this done."
   We have questions for Joy Hofmeister or Brad Clark (OSDE legal counsel): The Statewide Virtual Charter (school) Board has recently approved 22 additional learning and testing sites for Epic, which includes Blanchard and Durant. Are these Epic Public School buildings exempt from property taxation? Does Epic Public Schools pay its rent using Oklahoma tax dollars?
Update October 9, 2019 - Prior to the election of Joy Hofmeister as State School Superintendent in 2014, Janet Barresi (prior State Superintendent) directly told Ben Harris and David Chaney (Epic co-owners) that they could not open new Epic Learning Centers (such as currently opening in Blanchard and Durant) using tax payer dollars. Our question is: Has Joy Hofmeister told them the same thing?, or was Ben Harris accurate when he said "I'm in pretty good with Joy"? An Oklahoma State Department of Education insider told us that it's all related to campaign donations - campaign donations to legislators who may have passed favorable legislation for allowing Epic to open the public schools. What the insider didn't say was "it's all related to campaign donations to Oklahoma Legislators and the State Superintendent". We're left to wonder if it is?.. or isn't?
Update October 22, 2019 - In an interview with 'News 9 Investigates' on Thursday, October 17, Joy Hofmeister is quoted as saying "To see those (tax) dollars being used, not to recruit new teachers with advertising dollars, but aggressively recruiting students to build a business, that is the piece that I think is difficult to square -- that's what I have a problem with." Evidently, Ben Harris is not so "in pretty good with Joy" as he thought he was on July 25. The $50,000 in campaign donations that Ben and company provided Joy is looking like a big waste of money. It won't be long before Ben pens a letter to the Daily Oklahoman decrying how Joy Hofmeister is misleading state tax payers. David Chaney, Epic co-owner, did the same thing to Mary Fallin in 2012, when she opposed Epic racketeering at that time.

Tuesday, September 3, 2019

More Epic Unanswered Questions

   By now most people know the OSBI, FBI, Oklahoma County District Attorney's office, and maybe the Securities Commission has several questions for Epic Virtual Charter Schools. Questions concerning racketeering, embezzlement of state funds, falsification of records, ghost students, etc., are all questions that Epic will eventually answer. We have several education related questions that have been previously posed, however, and are still awaiting answers.
1) Article 10, Section 15 of the Oklahoma Constitution states "... the credit of the State shall not be given, pledged, or loaned to any individual... nor shall the State.. make donation by gift...". In addition State Law 70-16-121 states "... all textbooks (and computers) shall be owned by such (school) districts...". How does Epic explain gifting more than 6,000 laptop computers and more than $3,000,000 to individuals?
2) Epic has reported class sizes of 25 to 30 students per teacher. Five (5) Epic high school teachers are reported as having over 2,000 students each. Epic, please explain?
3) State Law prohibits a school of Epic proportions to exceed 5% in administrative costs. The August 2017 auditor's report, however, reflected that Epic accrued 13.28% in administrative costs. How did Epic avoid a penalty for exceeding the limit for administrative costs?

While certainly not as important as the questions the OSBI and FBI has for Epic, our questions concerning education also remain unanswered.

Sunday, August 18, 2019

First Day of School 2019-2020

   Most Oklahoma Public Schools began the 2019-2020 school year the week of August 13. Blanchard Public Schools began the first day for students on Thursday, August 16, and I still get excited anticipating that beginning. Whether it's seeing parents deliver their children to school, kids disembarking from buses, or seeing the jr. hi kids practicing football or participating in other activities that began before 8 AM - I still look forward to the first day.
   I still look forward to the first day of school, even though this is my 52nd first day - 12 first days as a student in Lindsay and 40 first days as a teacher, coach, or administrator. My most memorable first day of school was in 1965 as a second grader in Lindsay. The day began with my mother, Mary, putting my younger sister Dana and me on the bus at around 7:30 AM. Our driver's name was Mr. Simkoff. School started at 9 AM, but the route took about an hour and a half to run because we lived 7 miles from town and it always took the long way. Mom told us she would meet us at the front doors of the school to escort us to our classroom upon arrival. We had no idea where our classrooms were as we had not visited earlier. It would be a new experience for Dana, since she had never even seen the building.
   After a more than one hour bone jarring ride east along Rush Creek and north to school - we arrived. How exciting! Even more exciting was the fact that mom was nowhere in sight as we unloaded. We looked left and right, but mom WAS NOT THERE. I panicked, but Dana remained quite calm as I took her hand and said "I know where to go". (It was my same hand that Dana took a baseball bat to a couple years earlier for taking her toy.) We walked directly south down the elementary hallway to the principal's office (about half a mile), as I thought that someone there may be able to direct us. Somewhere along the way, mom caught up to us and took us to our respective classes. My teacher's name was Mrs. Walker and she made me feel right at home. While I'm still not sure why mom was late, my first day of my second grade year started off with a bang.
   I've had many more memorable first days since that traumatic experience in second grade, but that one seems to be burned in my memory. The positive part is that it was good for me..

Wednesday, August 14, 2019

OSSAA Indignation

   The OSSAA Board gathered on August 14, 2019 for its regular meeting. Among the items discussed was the public/private competitive equity committee recommendations for re-considering the effectiveness of Rule 14 - in providing more equitable competition classifications. And guess what? It's almost perfect.. No major changes needed..
   As a matter of fact, Rule 14 was judged effective for "leveling the playing field" in all sports, except for tennis and volleyball - I think.. because no one was provided a copy of the research data and analysis. I requested a copy of the report, but was told I'd have to wait until it's posted on the website. We will not be able to test for validity and reliability of the committee's analysis nor check for errors until the report is provided, but we can comment on some other research conducted to answer the same question. The documents may be studied here and here, and represent a valid and reliable analysis for two sports - football and baseball. It was conducted in consultation with some of the same researchers from the University of Oklahoma and elsewhere, who invalidated the school A-F grading scheme a few years back. The recommended methodology (correlation analysis) was utilized in running a quantitative study in judging the effectiveness of Rule 14 for providing competitive equity between schools which provide financial assistance to students and/or restrict enrollment and those which do not. There exists both private schools and public schools in both comparative groups. I sincerely hope that the OSSAA will consider valid and reliable research as well as the analysis provided by the Committee. When the OSSAA deems it appropriate to provide that research and analysis, we will forward that document to researchers at OU and OSU for closer study.
   Back to the OSSAA meeting on August 14: At the conclusion of the committee's report, I stood to provide a copy of our own analysis of the effectiveness of Rule 14 for providing competitive equity for all schools. This analysis directly contradicted the committee's analysis for most sports. I was told that no public comment would be allowed concerning the committee report, but I was only providing our analysis to the executive director. I was then told to provide the report to the "minutes clerk", Amy Cassell, instead of the board or the executive director. I complied with the order.
   Interestingly, the OSSAA bills itself as a private, non-profit organization. Examples of private non-profits would be the Walton Family Foundation, Gates Foundation, and others, which are really "profitable" non-profits. Since the OSSAA is a private organization, it has the ability to disallow public comments concerning agenda items, so the fact that it doesn't allow public input or even membership input on issues concerning it's public schools - is certainly justified. What is truly puzzling, however, is that most if not all of the superintendent directors on its board allow public comments at their own school board meetings. Even the State Board of Education usually has two "hearing of the public" items at its board meetings.
   The OSSAA said it would be forwarding the committee report and recommendations to the regional meetings in October - for garnering support. Bear in mind that all we know right now about the report and recommendations is what flashed across the screen during the report. The regional meetings are scheduled at Woodward... Oct. 14, Elk City... Oct.15, Cache... Oct.16, Ponca City... Oct. 21, Adair... Oct. 22, Jenks... Oct. 23, Henryetta... Oct. 24, Ardmore... Oct. 28, Kiowa... Oct. 29, Antlers... Oct.30, Westmore... Oct. 31.
Update August 22, 2019: The research and related documents which indicate that only "country club" sports should be re-classified, has now been posted on the OSSAA website. The committee determined that Rule 14 has been effective for leveling the playing field in all other sports. We will be forwarding the committee's research and subsequent analysis to OU and/or OSU education researchers for review. 



Sunday, August 4, 2019

Epic Pyramid Exposed

   We first recognized the "Epic pyramid duck" in a column on July 7, 2018, and may be read here. Illegal pyramid schemes offer no products for sale, but rely on recruiting more and more investors to keep the pyramid going. The investors are Oklahoma tax payers, and the recruiters are teachers and enrolled students who are paid "bonuses" for recruiting more students. Each student enrolled is worth about $5,000 to Epic Virtual and Blended Charter Schools. If Epic enrolls about 22,000 students, it receives about $110 million in state aid, or profits. The pyramid scheme is simple, but ingenious - the base of the pyramid are the recruiters, teachers and students who receive bonuses for each new student recruited. Enrolled students receive $200 for each "referral" and teachers receive $400 for each student referral. When a new student enrolls in Epic, one question on the enrollment form is "Who referred you to Epic?". The new student simply names the teacher or student who referred him or her. A student gets $200 added to his or her "education fund", which is nothing more than a checking account, and a teacher gets a $400 bonus for each student.
   The next level up on the pyramid would be the mid-level administrators, which include team leaders and principals. Advancing upward one more level include the upper level administrators, superintendent, assistant superintendents, lobbyists, and attorneys. Finally, at the peak of the pyramid sits the owners, Ben Harris and David Chaney. Also included, outside the pyramid, but very important to its structure are the enablers, elected officials - State Reps, Senators, State Superintendent of Schools, Governor, etc., who receive a "cut" for enabling legislation or willful blindness. A column describing "willful blindness" can be read here.
   This last week, in addition to visiting with parents of Epic students, I discussed the "Epic Pyramid Duck" with a former Epic teacher. The teacher told me that he or she was just fired from Epic even before the first year of employment was complete. The teacher had received another job in a traditional public school, so felt free to speak. Teacher told me that he (or she) was on the "do not re-hire" list because of unspecified reasons. It's a fact that first year teachers are not afforded the same "due process" rights as veteran teachers, so no reason for being fired must be given. The belief is that he or she was fired because a large amount of bonus money was owed (80 students at $400 per student = $32,000), and Epic would not be forced pay it if the teacher was fired before the end of the year. The 80 students the teacher was responsible for recruiting and teaching, were simply reassigned to other teachers (who would not receive the bonus). The teacher should have received approximately $38,000 regular salary + $32,000 bonus = $70,000. The "bonus money" was simply bumped up the pyramid, probably to Harris and Chaney, after the teacher was fired. The teacher (bottom level of the pyramid) probably would have earned more than several mid-level administrators (next level up), and the pyramid tends to fall apart when that happens, hence the firing.
   A typical $5,000 student is distributed on the pyramid with the teacher (first level) receiving about $800, the student (first level) receiving about $900 - $1,000, second level administrators receive about $1,000, third pyramid level administrators - $1,700, and the two peak owners receive about $500 per student, or $11 million total!
   By firing the aforementioned teacher, the Epic owners payed themselves about $32,000 more... Think about that - if it looks like a duck, walks like a duck, and quacks like a duck, then it's a duck, or pyramid scheme in this case. Follow the money...