KEEP THIS HANDY FOR 2012: SBOE CHAOS -- BY DONNA GARNER -- 5.27.11
“Keep This Handy for 2012 -- SBOE Chaos”
by Donna Garner
5.27.11
I am sending this out so that we can chronicle exactly what has transpired over the non-confirmation of Gail Lowe as the chair of the Texas State Board of Education (SBOE). When the elections of 2012 come, we grassroots voters do not want to forget the “characters” behind this dreadful series of events.
First of all, Gov. Perry did the right thing on Feb. 1, 2011 when he appointed Gail Lowe as the SBOE chair through Feb. 1, 2013. She has been serving as the chair of the SBOE during the time between legislative sessions. However, according to the Texas Constitution, Gov. Perry’s appointments are subject to Senate confirmation.
Two years ago during the last legislative session, the Senate Democrats ousted Don McLeroy from the SBOE chairship. Like Lowe, McLeroy was also a strong conservative appointed by Gov. Perry.
During this legislative session because of the Nov. 2, 2010 elections, the power of the Democrats has been weakened because of the addition of more Republicans; and there should have been no problem getting Gail Lowe’s confirmation through the Senate.
Unfortunately, the left-leaning Senate Republicans (e.g., Sen. Deuell) joined together with the Democrats to form a blockade over which Gail Lowe, a conservative leader, could not climb.
In spite of the liberal news media, most discerning Texans understand that the Texas State Board of Education members, led by the conservatives, have put our public schools on the road to education reform by adopting the best curriculum standards in the entire country.
Even though there are still those wild-eyed leftist organizations who are continuing their usual hue and cry about “discrimination, the race card, etc.,” the rest of us Texans know that the new standards will teach our school children the basic and higher-level thinking skills that will produce genuine English proficiency, a strong science background, and an educated, fact-based love of country.
The only traction that the liberal media and their leftist groups have been able to rev up against Gail Lowe and the SBOE conservatives came BEFORE the standards were posted for public viewing. Once the whole world was able to view the standards, the cries from the opposition have grown hollow.
HERE ARE THE TEXAS CURRICULUM STANDARDS (TEKS)
Texas English/ Language Arts / Reading (ELAR):
English / Language Arts / Reading – K - Grade 5
http://ritter.tea.state.tx.us/rules/tac/chapter110/index.html
English / Language Arts / Reading -- Grades 6 - 8
http://ritter.tea.state.tx.us/rules/tac/chapter110/ch110b.html#110.17
English / Language Arts / Reading -- Grades 9 - 12
http://ritter.tea.state.tx.us/rules/tac/chapter110/ch110c.html#110.30
===============================
Science Curriculum Standards (TEKS): http://ritter.tea.state.tx.us/rules/tac/chapter112/index.html
==============================
Social Studies Curriculum Standards (TEKS):
http://ritter.tea.state.tx.us/rules/tac/chapter113/index.html
(Note: To read the new Social Studies TEKS, be sure to read those that are labeled “Beginning with school year 2011-2012.”)
GAIL LOWE’S LEADERSHIP
Gail Lowe as chair of the SBOE has led the Board ably. Her even-handed, fair, and capable leadership have brought plaudits from SBOE members on both sides of the aisle. Our Texas Senators, including Sen. Deuell, should have used their positions to make sure that the ongoing progress in our public schools is maintained and stabilized. Instead, the disruption on the Board will be felt clear across our state; and the Senate Democrats and Sen. Deuell must share the blame when we go to the polls in 2012.
I have posted these e-mails in reverse order with the most recent first.
The first article is my response back to Sen. Deuell whose chief of staff wrote to me after reading my posts sent out earlier in the day yesterday.
==========================
5.26.11 -- 9:54 P. M.
5.26.11 -- Response from Donna Garner to e-mail (posted at bottom of this page) from Don Forse, Chief of Staff for Texas Senator Bob Deuell
Sen. Deuell should have let the vote on the confirmation of Texas State Board of Education Chair Gail Lowe go to the Senate floor. We know there were some powerful Senators who were lined up to support Gail Lowe for the SBOE chair. The tea partiers and conservative Republicans around the state would have been there in full support of Lowe, and we would have lobbied hard for her.
How could Sen. Deuell predict how the other Senators might have reacted if they knew their jobs would be on the line in 2012? At least if the issue had come to a vote on the Senate floor, we would have had an up-or-down vote which we could have used in the 2012 elections.
I am not fooled by Sen. Deuell’s comments (posted further on down this page). We have heard the same type of rhetoric all this legislative session. “The conservative House redistricting map would never pass the VRA; the conservative SBOE map would never pass the VRA; the conservative Senate map would never pass the VRA. Therefore, those maps do not deserve to be brought out on the floor.” Various conservative bills have repeatedly been kept from having an up-or-down vote. It is always the same party line: Never allow an alternative to be debated, and never allow anything or anybody out of committee that the left-leaning leadership does not want.
Nobody can predict the future, and Sen. Deuell should not have tried to do so either. He should have done the right thing, allowed Gail Lowe to sink or swim on the floor of the Senate, and let the recorded votes fall where they may.
I believe it is a pretty convenient excuse on Sen. Deuell’s part to say that he was trying to protect Gail from the “lengthy and painful confirmation process” because this makes him look like the good guy. I do not buy that. If he were truly supportive of Gail Lowe, he should have tried to orchestrate a strong presentation of her nomination on the floor of the Senate and should have done everything possible beforehand to conduct a strong floor fight. If it had been Sen. Deuell’s “pet bill,” I guarantee you he would have figured out a way to mount a strong floor fight. All good Senators know how to do that when they are truly passionate about a bill.
Donna Garner
Wgarner1@hot.rr.com
======================
The following statement is attributable to State Sen. Bob Deuell (R-Greenville).
"As Chairman of the Senate Committee on Nominations, I have consistently and vocally supported the confirmation of Gail Lowe to remain as Chair of the State Board of Education. Unfortunately, not all Senators are in agreement with me on this matter.
From the very beginning of this legislative session, the Senate Democrats have been united in their opposition to the nomination. Under our state Constitution, their votes are more than enough to prevent her confirmation. Throughout the session, I have personally spoken with each Democratic Senator in hopes of securing enough votes for confirmation. Despite my substantial efforts to change this outcome, all have remained steadfast in their opposition. Though all 19 Republican Senators support her, Gail Lowe simply does not have the votes to be confirmed.
Despite this fact, many have continued to call for an up or down vote on her confirmation. I have great respect for Ms. Lowe and have admired her work on the State Board. I see no reason to subject her to a lengthy and painful confirmation process that has absolutely no hope of success."
Senator Bob Deuell
For more information please contact:
Don T. Forse, Jr.
Chief of Staff
State Sen. Bob Deuell
(512) 463-0102
don.forse@senate.state.tx.us
==============================
5.26.11 -- 1:41 P. M. -- Posted by Donna Garner --
http://libertylinked.com/posts/7404/playbook-response-from-tex/View.aspx
When I called this morning, Sen. Deuell’s office told me that no more Senate Nominations Committee meetings would be held. (What is to keep Sen. Deuell from calling a short committee meeting before Monday at midnight?) I told the staffer that we are going to hold Sen. Deuell responsible for not getting SBOE Chair Gail Lowe’s name to the Senate floor.
Gail Lowe had a horrible experience earlier in this legislative session when she was asked to represent the SBOE before a legislative committee. Even though her subject had nothing to do with the curriculum standards issue (e.g., Social Studies standards), there were those on the committee who made that their focus.
I believe Sen. Deuell simply played off that horrible experience and made Gail feel she and the SBOE would be raked across the coals if her nomination went to the full Senate. In reality that would not have happened because there were already some powerful Senators who had lined up to support Lowe’s nomination.
I went down to Austin on April 6 to talk to Sen. Deuell. (For a long time, I have sent almost every Texas Legislator my e-mails and articles.) I asked Sen. Deuell to get Gail’s name out of his Senate Nominations Committee and to the floor of the Senate. I told Sen. Deuell personally that we grassroots citizens would mount so much public pressure for her nomination that Senators would be hesitant to vote against her for fear of being ousted in 2012. Sen. Deuell chose to keep Lowe’s name bottled up in committee.
What we need to do now is to keep applying that public pressure on Sen. Deuell and the other Senate Nominations Committee members. (Side note: One Senator told a constituent today that she supports Gail Lowe and is still working to get her confirmed.)
Please call all of the Senate Nominations Committee members and express your outrage. If they don’t hear from us grassroots citizens, the left-leaning Republicans and Democrats will think they have gotten away with their plan.
I believe it would also be important to contact our own Senators even if they are not on the Senate Nominations Committee. All Senators need to know how strongly we grassroots citizens feel about keeping Gail Lowe as our SBOE chair so that our Board can keep moving toward true education reform of our Texas public schools. These Senators talk to one another, and they are sure to share with Sen. Deuell what they are hearing from their constituents.
We also need to call Lt. Gov. Dewhurst’s office (512 463-0001) and tell him that since he appointed Sen. Deuell as chair of the Senate Nominations Committee, we are holding Dewhurst accountable also. After all, Dewhurst is the one who controls the Senate agenda.
Then we need to call the Governor’s office and tell him that we absolutely want Gail Lowe to continue as the SBOE chair but that if her name does not get to his desk, we expect him to appoint a conservative and definitely not Bob Craig.
======================
SENATE NOMINATIONS COMMITTEE
(*with Young Conservatives of Texas ratings)
Deuell, Chair -- 41% -- (512) 463-0102
Hegar, Vice-Chair -- 67% -- (512) 463-0118
Fraser -- 82% -- (512) 463-0124
Nelson -- 78% -- (512) 463-0112
Nichols -- 63% -- (512) 463-0103
Rodriguez -- new this session -- (512) 463-0129
Watson -- 7% -- (512) 463-0114
=================
Contact information for Gov. Rick Perry -- http://governor.state.tx.us/contact/assistance.aspx
=========================
From: Donna Garner - 5.26.11 -- 10:30 A. M.
ACTION STEP: I am not asking but begging this time! The Chair of the Texas State Board of Education hangs in the balance. Phone calls must be made today!
http://libertylinked.com/posts/7399/not-asking-begging-this-time/View.aspx
You have not heard me beg very many times; I have pleaded and asked but not begged. This time I am begging. Everyone must get on the phone and call the Texas Senate Nominations Committee members.
The reason the Texas State Board of Education has been able to move forward with the adoption of new-and-improved curriculum standards (English / Language Arts / Reading, Science, Social Studies, and now Math) has been made possible by the person in charge -- the chair of the SBOE. That is Gail Lowe.
Gail Lowe has not yet been brought before the Senate Nominations Committee for confirmation. If this does not occur before midnight on Monday, May 30, her term will expire.
Unless Gov. Perry is immediately ready with a new appointee (which would not require Senate confirmation during this session), then Bob Craig would automatically become the new chair since he is presently vice-chair of the SBOE.
Bob Craig is one of the biggest left-leaning Republicans on the SBOE. He and Thomas Ratliff share a common agenda, and the SBOE would be doomed. All progress toward authentic academic reform would stop under Bob Craig.
Bob Craig’s agenda is tied to the “education blob,” the progressivists, the constructivists, the whole-language lovers, the leftists, Texas Freedom Network, and those who are satisfied with the miserable status quo in our public schools.
Gail Lowe is respected by both sides of the SBOE aisle. She is fair, treats everyone with respect, is a great communicator, is organized, is logical-minded, knows her Roberts’ Rules of Order, does not fall apart or get flustered in the most emotion-packed meetings, follows through with her responsibilities, and gives wise but knowledgeable statements to the news media.
Gail Lowe and the conservative leaders on the SBOE know Texas schools can do better, and they have adopted new standards with new curriculum and new tests to follow. These are in the process of being implemented right now, and the future of Texas’ public school children has never looked brighter!
The SBOE’s steady push to put our public school children on the road to education reform would cease if Bob Craig becomes the chair.
Bob Craig is everything that would destroy the good work of the conservative leaders on the SBOE. He is an attorney from Lubbock, and the conservatives in that area know he talks out of both sides of his mouth.
It was Bob Craig and Thomas Ratliff who decided to rewrite the Texas Constitution by raiding the Permanent School Fund. (Please see SBOE Ken Mercer’s article posted further on down the page.)
Bob Craig and Thomas Ratliff have spent a great deal of time in Austin this legislative session, and they have been frequently seen glad-handing with legislators. It is no coincidence that the SBOE redistricting map drawn up and passed by the legislature gives obvious favoritism to Craig and Ratliff!
We who care about the future of our public school children cannot sit idly by and allow the clock to run out on Gail Lowe.
I am begging you to call each one of the Senate Nominations Committee members today. E-mails probably won’t work because of the shortness of time left for action in the legislature. Tell each one of them that you absolutely will remember in 2012 what they decide to do on this confirmation of Gail Lowe.
I went to see Sen. Deuell over a month ago and asked him to confirm Gail Lowe. He mumbled something about “not yet having the votes to confirm her.” I told him then how critically important Lowe is to have as the chair of the SBOE and that if SBOE members on both sides of the aisle respect her and want her as the chair that the least he, his committee, and the Senate could do was to honor those who work most closely with her.
It also would be a good idea to call Lt. Gov. David Dewhurst’s office (512 463-0001) because he is the one who nominated Sen. Deuell for this chair.
The Senate Nominations Committee confirms multiple-hundreds of confirmations each session. Most people’s confirmations do not even require any discussion. The idea that Gail Lowe’s confirmation has been kept sitting on the shelf all this legislative session speaks worlds about the left-leaning agenda that has pervaded this legislative session.
The truth is that the Senate Nominations Committee should be commending Gail Lowe for her excellent leadership of the SBOE -- not making her sit there holding her breath and watching the clock all session.
SENATE NOMINATIONS COMMITTEE
(*with Young Conservatives of Texas ratings)
Deuell, Chair -- 41% -- (512) 463-0102
Hegar, Vice-Chair -- 67% -- (512) 463-0118
Fraser -- 82% -- (512) 463-0124
Nelson -- 78% -- (512) 463-0112
Nichols -- 63% -- (512) 463-0103
Rodriguez -- new this session -- (512) 463-0129
Watson -- 7% -- (512) 463-0114
Donna Garner
Wgarner1@hot.rr.com
======================================
Mercer Opposes $2 Billion Raid of Children's Fund!
I strongly disagree with two of my colleagues on the State Board of Education - Bob Craig (R - Lubbock) and freshman Thomas Ratliff (R - Mt. Pleasant) - who led an effort to change the Texas Constitution and take $2 billion away from the principal (e.g., corpus, assets) of the Permanent School Fund (PSF).
Ratliff -- believed to be the only elected state official who is also a registered, full-time professional education-related lobbyist to the Texas Legislature -- testified before the April 19 Senate Finance Committee on the proposal. He stated that "we" (meaning the SBOE members) had discussed this item.
As a matter of public record, that proposal to raid the PSF of $2 billion was never posted as an official agenda item for the April 13 - 15, 2011, SBOE meeting; there was no public comment; and it was never publicly discussed or debated by the full membership of the SBOE. The proposal lobbied to the Senate Finance Committee was an initiative discussed and signed behind closed doors.
I believe the closed-door meeting of SBOE members to discuss the $2 billion raid of the PSF may be a direct violation of the Texas Open Meetings Act.
The PSF is commonly known as the "children's textbook fund." The state's early-day founders created the endowment to help fund public education; and since 1919, the PSF has been used to ensure that Texas schoolchildren receive free textbooks.
However, because of the economic downturn after the Civil War, the original fund was raided and depleted by the 1865 Legislature.
Land Commissioner Jerry Patterson reminded the Senate Finance Committee at its April 19, 2011, meeting that in 1876 Texas changed its Constitution to forever protect the children's textbook fund from any future raids. That is why the legal term today is the "Permanent" School Fund.
When I took my oath of office as a State Board of Education member, I promised to uphold the Constitution, which demands that the SBOE protect and preserve the PSF for future generations, and use any proceeds to provide free textbooks for our 4.8 million public schoolchildren.
The Texas Constitution provides a key tenet of American exceptionalism: the separation of powers. Permanent funds are managed by the executive branch, separate from those who appropriate funds, i.e., the Legislature. This Constitutional separation should prevent any attempt to raid an endowment fund meant to be permanent.
I firmly agree with Sen. Kevin Eltife (R -Tyler) who correctly painted the PSF proposal as both a "raid "of the children's fund and "bad public policy"!
In the Senate Finance discussion, Sen. Florence Shapiro (R - Plano) and Sen. Dan Patrick (R - Houston) both correctly noted that such a "one-time" $2 billion proposal would move authority for PSF spending decisions away from the executive branch (the SBOE) to the legislative branch. That is a bad precedent to set.
Sen. Ed Lucio (D - Brownsville) also expressed a concern that the proposal, if passed, could impact the rating of guaranteed school bonds that are backed by the value of the fund.
Thomas Ratliff, with just three months of SBOE service, concluded his testimony to the Senate by stating, "We could not sit back and not do anything." I take exception to Ratliff's comment.
In 2010, under the leadership of SBOE Chair Gail Lowe (R - Lampasas) and then-PSF Committee Chair David Bradley (R - Beaumont), critical discussions were held with Lt. Governor David Dewhurst and Land Commissioner Patterson to help ensure the SBOE could pay out the most PSF funding possible while still being prudent in managing the endowment for the long term.
The results were a payout from earnings, as allowed by the Constitution, of $1.2 billion for the current budget and another commitment of $1.8 billion for education for the upcoming biennium. The careful management by the members of the SBOE had resulted in protecting the principal (e.g., corpus, assets) of the fund. This was a major accomplishment by the SBOE.
Next, conservatives on the SBOE joined with Gov. Rick Perry and the Texas Republican Congressional delegation to call for a repeal of the federal budget amendment authored by Rep. Lloyd Doggett (D - Austin) that withheld $830 million from Texas schools.
Texas now has that $3.0 billion from the PSF payout from earnings plus the $830 million that the Doggett amendment held back from our Texas schools. This adds up to $3.8 billion in new education funding. Thomas Ratliff's public comment to the Senate Finance Committee in which he accused the past SBOE members of sitting back and doing nothing was truly out of line.
The proposal led by Craig and Ratliff to raid $2 billion from the principal of the Permanent School Fund to meet a budget deficit is both bad public policy and bad precedent. The unprecedented promotion of the idea of robbing $2 billion from the PSF without the issue being posted on the SBOE agenda, without public comment or debate, and without any advice from legal or investment counsel, may be a direct violation of the Open Meetings Act and an unauthorized, if not outright illegal, action.
Ken Mercer (R - Bexar) is a current Member of the State Board of Education and a former State Representative. Mercer now represents 1.85 million constituents in twelve counties including Blanco, Burnet, Caldwell, Comal, Gillespie, Guadalupe, Hays, Kendall, Llano and parts of Bell, Bexar and Travis.
________________________________________________________________
Donna Garner
Wgarner1@hot.rr.com
From: Don Forse [mailto:Don.Forse@senate.state.tx.us]
Sent: Thursday, May 26, 2011 9:07 PM
To: WGARNER1@hot.rr.com
Subject: Statement from Sen. Deuell
