Bring on the due diligence

Idea ManLast month the Charleston Daily Mail and others were very critical of the West Virginia Board of Education’s new rule on innovation zones.  The theme of the comments was that the legislation and rule were so burdensome that no one would bother to innovate.  What are the burdensome requirements?

  • The proposer much show that the innovative idea has community (e.g., parents, students, county of board of education) support.  Is any innovation zone going to succeed without such support?  No.
  • The proposer must have the support of 80 percent of school employees.  Is any innovation zone going to succeed without such support?  No.
  • The proposer must demonstrate “quality of innovation design.”  Is that a bad thing?  No.  Do you want your child attending a school where the innovation has not been well thought out or is inconsistent with educational best practices research?  I hope not.
  • The proposer actually must undergo an interview and a school visit before we hand over the keys to our children’s futures.  A radical requirement?  I don’t think so.

Do firms that provide business start-ups with venture capital adopt the laissez faire approach advocated by the Daily Mail for schools?  Of course not.  They expect business plans that include everything from hiring plans to marketing plans to budgets.  And they don’t give away their money without someone (generally quite a few people) meeting with the applicant.  Why should our schools be any different?  If anything, the stakes are higher.

It’s one thing to be critical of the bureaucracy within existing school systems.  It’s another thing altogether to be critical of the “due diligence” that the State Department of Education seeks to perform to ensure that our children are entrusted to people with solid plans to educate them innovatively.

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A criminal matter?

I hope the U.S. Attorney’s Office has more evidence than I suspect it has to justify calling the Marshall University provost and a professor before a federal grand jury in the Emily Perdue grading matter.

As best I can determine, the only scenario that would produce an indictable federal crime is this: Someone made it easy for Emily Perdue to earn grades for her independent study because her father is the State Treasurer AND he or someone close to him somehow exerted influence inappropriately (not just as a concerned parent) to obtain a favorable outcome on behalf of Miss Perdue.  I can’t imagine the second half of the equation being satisfied in the absence of some clear quid pro quo, which no one has suggested publicly to date.  Furthermore, the quid pro quos available to a State Treasurer, unlike a Governor, Senator, or Congressman, truly are very limited.

While certainly worthy of internal examination by Marshall University’s provost and faculty senate, the Perdue matter hardly seems worthy of CRIMINAL investigation. To an outsider, these subpoenas appear to be political.

 

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Making (up?) the grade

Report CardWest Virginia higher education faculty sure are prickly when it comes to allegations of making up grades for students who happen to be the daughters of powerful public officials.  The latest allegation is that West Virginia State Treasurer John Perdue’s daughter Emily had two incomplete grades changed to A’s by a dean at Marshall University without Miss Perdue’s professor’s knowledge and approval.

In yesterday’s newspaper, Miss Perdue and her father talked to a reporter about the story.  For those of you who were saturated and satiated with coverage of the WVU-Bresch degree scandal, stop reading the newspaper for a few more days.

Interestingly, there appear to be some significant similarities and differences between this story and the Bresch story.

Significant similarities:

  • The daughter of a powerful politician;
  • A fairly quick investigation/decision by the provost (vulnerable to second-guessing as a “rush to judgment”);
  • A decision that favored the daughter; and
  • FERPA (privacy law) violations by an individual or individuals seeking to expose the “truth.”

Significant differences:

  • We are talking about grades in two classes, not a full-blown degree.
  • Miss Perdue actually can produce work that she completed.  She also claims to have met with the dean on multiple occasions recently, which should be easily verifiable.
  • Miss Perdue has a reasonably good GPA and appears to be a fairly conscientious student.
  • This professor may have an axe to grind with the dean.
  • To date, there’s no evidence whatsoever that the State Treasurer or friends of the State Treasurer did anything to influence the outcome.
  • To date, there’s no evidence of presidential involvement (beyond, I would hope, his being apprised of the results of the provost’s investigation) or connections to Miss Perdue or her father.
  • This issue appears to have been treated as the truly academic matter it is.

Predictions:

  • You’ll be learning about several things you probably should not, given federal student privacy laws, as this story unfolds.  This is a serious downside to being a politican’s daughter; you are a public figure whether or not you want to be.
  • This story will not have the “legs” that the Bresch story had because of the “axe-grinding” issue and the evidence that work actually was completed.
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Yesterday I explained how I would select West Virginia judges.  How about West Virginia justices?

The last thing I would want would be for the governor (not this governor, but rather governors generally) to have exclusive power to appoint justices.  With only five justices on our highest court and the court’s stranglehold on appellate decisionmaking, West Virginia’s State Supreme Court could easily become dominated by a single governor’s appointments, and the governor could then end up controlling not one, but two, branches of state government.  So much for the fundamental constitutional principle of separation of powers.

By the same token, I’m not keen on the election option either.  The biggest problem: because the U.S. Supreme Court (wrongly in my opinion) equates obscene independent expenditure on elections with core First Amendment free speech rights, judicial seats – like all political seats for that matter – are vulnerable to being bought and paid for by rich lawyers and people like Don Blankenship who have a lot of money.  A secondary problem: I want my justices performing judicial business, not running around the state giving political speeches and eating pinto beans at gatherings of party faithful.

If I had my choice, the lower level judges selected to serve by lottery (described in my previous post) would select one of their own from time to time to continue judicial service as a state supreme court justice for a six year, non-renewable term.

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As a former Golden Horseshoe winner, I had an opportunity to tour the newly-renovated West Virginia State Museum last Friday.  I stayed almost two hours and could have stayed quite a bit longer.  Random thoughts from that visit:

  • It was really nice to see Golden Horseshoe winners my mother’s age who received the award during World War II when no ceremony was held in Charleston finally dubbed as knights.
  • Kay Goodwin was right.  The original design work needed to be redone.  The design of Matthew Martin Design Works is light years better than the original design.
  • I am sure the West Virginia State Museum compares favorably with other state museums across the country.  In hindsight, I am glad the State of West Virginia spent so much money on this project.  Every state needs a showplace.
  • I am happy the designers gave short shrift to West Virginia’s rocks.  I’m sure rocks are exciting to some people, but not to me.  At the same time, I would have liked to have seen more about West Virginia’s first non-European or European settlers.
  • I liked the museum’s effort to clarify where the history we learned in school might not have been as accurate as we were taught.  Morgan Morgan might not have been West Virginia’s first European settler!  Who knew?
  • After seeing the displays on Monongah and the Hawk’s Nest Tunnel, I appreciate even more the importance West Virginia and America place on worker health and safety today.
  • I have never understood the connection drawn between the U.S.S. West Virginia, which the Japanese sank at Pearl Harbor and the U.S. later raised, to West Virginia history.  I’m pretty sure it never sailed up the Ohio, Kanawha or Potomac Rivers even once.
  • I liked what Senator Byrd had to say about being a West Virginian (never mind that he’s hasn’t lived here for decades), but it would have been nice to have heard more from common folks.
  • What’s with those fleas?
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