The Missouri Supreme Court will not hear the Sierra Club's appeal of a 2006 Greene County Circuit Court decision paving the way for construction of a pulverized coal-fired boiler by Springfield City Utilities.
The Greene County Court was the Sierra Club's second effort to stop construction after failing with the Missouri Air Conservation Commission. After the circuit court decision went against the organization, it appealed to the Southern District Court of Appeals, where it was again rejected. The background of the case can be found at that link.
Tuesday, August 21, 2007
Audit uncovers DESE's lack of initiative
About 10 years ago, shortly after a law was passed in the state of Missouri requiring criminal background checks for all those who hold teaching certificates in the state of Missouri, I called the Department of Elementary and Secondary Education to do what I thought would be the story of a former teacher whose license was pulled after he was convicted of armed robbery.
DESE had issued a press release bragging about completing its work on checking out the review of all of those who were on the certificated teachers' list. My call was transferred to a woman in the division that was handling the checks, but not to the person who was in charge. I asked about this former teacher, who had been in the Lamar R-1 School District, and explained about his armed robbery conviction.
"Could you repeat the name?" she asked, and I did. After a long pause, she said, "I'm going to have to call you back."
The phone rang about 10 minutes later, and it was not the same woman, but her boss, and he began grilling me about the former teacher. I provided him with the information, then I asked, "Didn't you say you had checked all of the teachers in the system?"
He hemmed and hawed around for a few minutes, and never fully answered the question. The former teacher's license was revoked, but I immediately lost faith in DESE's effort to make sure that Missouri's children were not being exposed to people who had committed various crimes, in some instances even crimes against children.
Apparently, things have grown worse in the past 10 years, according to an audit released Monday by State Auditor Susan Montee. The following information was on the "yellow sheet," the cover sheet that summarizes the audit:
Inadequate State Laws for Background Checks and Inadequate Certification Database Controls Leave Public School Students at Risk
State law for educator background checks is not sufficient to ensure the safety of the state's public school students. The Department of Elementary and Secondary Education (DESE) is responsible for ensuring background checks are conducted on applicants for educator certificates and for reviewing background check results. However, imprecise language in state law and the omission of other critical laws and policies have allowed some educator certificates to be issued to individuals who have a criminal background or have a history of committing other offenses. DESE and Information Technology Services Division (ITSD) management also need to take the necessary measures to develop documentation, implement controls and edits, and enhance the functionality of the teacher and substitute certification databases to fully ensure the integrity and reliability of educator certification data. We focused audit efforts on determining whether (1) educator background checks required by law are sufficient to identify individuals who have a criminal history or have other issues involving moral turpitude, (2) DESE officials have complied with applicable background check laws, and (3) DESE and ITSD officials have established adequate controls to ensure the integrity and reliability of educator certification data and information.
Background checks for educators are inadequate
State laws regarding background checks for Missouri's educators are not adequate to ensure students are in a safe environment. State law requires applicants for most school district positions to have both a criminal history background check and a Family Care Safety Registry (FCSR) background check performed prior to having contact with a student. However, due to the imprecise language in the law, DESE officials have not been requiring and school districts may not be performing FCSR background checks prior to employing educators and other school district personnel who have contact with students. (See page 11)
Educator backgrounds may place students at risk
State law does not require FCSR background checks for educators before they can obtain a certificate to teach. In addition, while state law intended the Child Abuse/Neglect Central Registry to be checked as part of the FCSR background checks, state law does not specifically require Central Registry background checks for educators. During our review, we found instances of certified educators who had a criminal background and/or a history of committing other offenses, such as child abuse or neglect. We found records in the FCSR and Central Registry for certified educators who had been actively teaching in the 2006-2007 school year as well as records for certified educators who had not been actively teaching. DESE officials had been aware of some of these cases, determined the educator was not a risk to students and cleared the background. However, DESE officials had not been aware of all of the cases we found because FCSR checks and periodic background checks have not been required. (See page 12)
Periodic background checks are not required
State law does not require any periodic reviews of educator backgrounds to determine whether new crimes or other offenses have been committed. Periodic background checks help to ensure an individual who previously had a cleared background has not committed some type of offense since the initial review. (See page 15)
Social security numbers are not validated
The teacher and substitute certification databases contain records having invalid social security numbers (SSN). As part of the educator certification process, DESE requests each applicant's SSN. However, SSNs are not validated against an appropriate form of identification nor are there any policies or procedures requiring validation. The Missouri Adaptive Enterprise Architecture states the SSN is a critical component in many state agency applications and is used in facilitating the transfer of information and matching data between different sources. Invalid SSNs compromise data integrity and do not allow DESE officials to ensure the integrity of background checks requiring SSN as the identifying key. (See page 17)
Clearance list needs to be documented
The State Board of Education allows DESE officials to clear certain types of adverse backgrounds without obtaining approval from the board. However, the State Board of Education has not adopted a policy to delegate the clearing of adverse backgrounds and a comprehensive list identifying the offenses DESE officials can clear has not been documented. Documenting the specific offenses that can be cleared provides assurance to the department and the public that cases are handled consistently and individuals with adverse backgrounds, including felonies or crimes involving moral turpitude, have not been certified. (See page 18)
Inappropriate substitute certificates have been issued
The substitute certification database processed and automatically issued certain certificates to applicants prior to the required clearance of criminal background checks during the 2006-2007 school year. A DESE official believed this issue could have been the result of a programming change made during the school year that was subsequently fixed within a short period of time. (See page 22)
A documented data dictionary is needed
A data dictionary has not been developed or documented for the teacher or substitute certification database applications. A data dictionary should enable the sharing of data elements among applications, promote a common understanding of data among users, and prevent incompatible data elements from being created. (See page 22)
Certification databases require improvement
DESE uses several databases and web applications to process and maintain criminal background check results, applications for educator certificates, certification history and applicant professional requirements; and to provide information to school districts on the status of applicant certificates. Many of these educator certification databases and applications are older systems, lacking in necessary controls such as audit trails, key edit checks, and functionality generally available with new technology. As a result, improvements are needed to ensure the accuracy, completeness, and reliability of educator certification data. (See page 23)
A link the complete audit can be found here.
With this audit, we have now seen three different state departments or agencies that have claimed they did not have the money or the time to do proper background checks. I have already written about the failures of the Department of Revenue and the Department of Social Services. These are feeble excuses for not doing a job that the taxpayers expect and deserve from those whom they are paying to protect them.
DESE had issued a press release bragging about completing its work on checking out the review of all of those who were on the certificated teachers' list. My call was transferred to a woman in the division that was handling the checks, but not to the person who was in charge. I asked about this former teacher, who had been in the Lamar R-1 School District, and explained about his armed robbery conviction.
"Could you repeat the name?" she asked, and I did. After a long pause, she said, "I'm going to have to call you back."
The phone rang about 10 minutes later, and it was not the same woman, but her boss, and he began grilling me about the former teacher. I provided him with the information, then I asked, "Didn't you say you had checked all of the teachers in the system?"
He hemmed and hawed around for a few minutes, and never fully answered the question. The former teacher's license was revoked, but I immediately lost faith in DESE's effort to make sure that Missouri's children were not being exposed to people who had committed various crimes, in some instances even crimes against children.
Apparently, things have grown worse in the past 10 years, according to an audit released Monday by State Auditor Susan Montee. The following information was on the "yellow sheet," the cover sheet that summarizes the audit:
Inadequate State Laws for Background Checks and Inadequate Certification Database Controls Leave Public School Students at Risk
State law for educator background checks is not sufficient to ensure the safety of the state's public school students. The Department of Elementary and Secondary Education (DESE) is responsible for ensuring background checks are conducted on applicants for educator certificates and for reviewing background check results. However, imprecise language in state law and the omission of other critical laws and policies have allowed some educator certificates to be issued to individuals who have a criminal background or have a history of committing other offenses. DESE and Information Technology Services Division (ITSD) management also need to take the necessary measures to develop documentation, implement controls and edits, and enhance the functionality of the teacher and substitute certification databases to fully ensure the integrity and reliability of educator certification data. We focused audit efforts on determining whether (1) educator background checks required by law are sufficient to identify individuals who have a criminal history or have other issues involving moral turpitude, (2) DESE officials have complied with applicable background check laws, and (3) DESE and ITSD officials have established adequate controls to ensure the integrity and reliability of educator certification data and information.
Background checks for educators are inadequate
State laws regarding background checks for Missouri's educators are not adequate to ensure students are in a safe environment. State law requires applicants for most school district positions to have both a criminal history background check and a Family Care Safety Registry (FCSR) background check performed prior to having contact with a student. However, due to the imprecise language in the law, DESE officials have not been requiring and school districts may not be performing FCSR background checks prior to employing educators and other school district personnel who have contact with students. (See page 11)
Educator backgrounds may place students at risk
State law does not require FCSR background checks for educators before they can obtain a certificate to teach. In addition, while state law intended the Child Abuse/Neglect Central Registry to be checked as part of the FCSR background checks, state law does not specifically require Central Registry background checks for educators. During our review, we found instances of certified educators who had a criminal background and/or a history of committing other offenses, such as child abuse or neglect. We found records in the FCSR and Central Registry for certified educators who had been actively teaching in the 2006-2007 school year as well as records for certified educators who had not been actively teaching. DESE officials had been aware of some of these cases, determined the educator was not a risk to students and cleared the background. However, DESE officials had not been aware of all of the cases we found because FCSR checks and periodic background checks have not been required. (See page 12)
Periodic background checks are not required
State law does not require any periodic reviews of educator backgrounds to determine whether new crimes or other offenses have been committed. Periodic background checks help to ensure an individual who previously had a cleared background has not committed some type of offense since the initial review. (See page 15)
Social security numbers are not validated
The teacher and substitute certification databases contain records having invalid social security numbers (SSN). As part of the educator certification process, DESE requests each applicant's SSN. However, SSNs are not validated against an appropriate form of identification nor are there any policies or procedures requiring validation. The Missouri Adaptive Enterprise Architecture states the SSN is a critical component in many state agency applications and is used in facilitating the transfer of information and matching data between different sources. Invalid SSNs compromise data integrity and do not allow DESE officials to ensure the integrity of background checks requiring SSN as the identifying key. (See page 17)
Clearance list needs to be documented
The State Board of Education allows DESE officials to clear certain types of adverse backgrounds without obtaining approval from the board. However, the State Board of Education has not adopted a policy to delegate the clearing of adverse backgrounds and a comprehensive list identifying the offenses DESE officials can clear has not been documented. Documenting the specific offenses that can be cleared provides assurance to the department and the public that cases are handled consistently and individuals with adverse backgrounds, including felonies or crimes involving moral turpitude, have not been certified. (See page 18)
Inappropriate substitute certificates have been issued
The substitute certification database processed and automatically issued certain certificates to applicants prior to the required clearance of criminal background checks during the 2006-2007 school year. A DESE official believed this issue could have been the result of a programming change made during the school year that was subsequently fixed within a short period of time. (See page 22)
A documented data dictionary is needed
A data dictionary has not been developed or documented for the teacher or substitute certification database applications. A data dictionary should enable the sharing of data elements among applications, promote a common understanding of data among users, and prevent incompatible data elements from being created. (See page 22)
Certification databases require improvement
DESE uses several databases and web applications to process and maintain criminal background check results, applications for educator certificates, certification history and applicant professional requirements; and to provide information to school districts on the status of applicant certificates. Many of these educator certification databases and applications are older systems, lacking in necessary controls such as audit trails, key edit checks, and functionality generally available with new technology. As a result, improvements are needed to ensure the accuracy, completeness, and reliability of educator certification data. (See page 23)
A link the complete audit can be found here.
With this audit, we have now seen three different state departments or agencies that have claimed they did not have the money or the time to do proper background checks. I have already written about the failures of the Department of Revenue and the Department of Social Services. These are feeble excuses for not doing a job that the taxpayers expect and deserve from those whom they are paying to protect them.
Monett officials blast No Child Left Behind
By pure coincidence, I just read Monett Times Managing Editor Murray Bishoff's article on Monett reaction to its failure to meet No Child Left Behind requirements just after I completed my weekly Newton County News column, which dealt with the utter absurdity of the law.
The Monett district, like Joplin, Neosho, Carthage, Webb City, Carl Junction, Springfield, and most of the larger school districts in the area, failed to meet No Child Left Behind's AYP (Adequate Yearly Progress) requirements, simply because "disabled students" failed to improve their scores, though every other subgroup improved its scores, including the district's sizable Hispanic population, many of whom have learned English as a second language, and students who are eligible for free or reduced price lunches.
In Joplin, it turns out, we failed to make it in that same area, in every other area we made the mark, but now, Joplin, Monett, and the other school districts have to send out letters telling all parents that their children are in schools that did not meet federal guidelines. If this is not a sign that many of those who devised this law are trying to tear down the fabric of public schools, I don't know what is.
Every school district will eventually have to send out these letters since these students have handicaps that make it nearly impossible for them to learn at the same rate as other students, though they can learn and many do succeed.
It is expected that next year, as the No Child Left Behind barriers are once again moved upward that nearly every school in the state of Missouri will be classified as failing.
As the headline to the Monett Times story, so accurately puts it: No Child Left Behind is ridiculous.
The Monett district, like Joplin, Neosho, Carthage, Webb City, Carl Junction, Springfield, and most of the larger school districts in the area, failed to meet No Child Left Behind's AYP (Adequate Yearly Progress) requirements, simply because "disabled students" failed to improve their scores, though every other subgroup improved its scores, including the district's sizable Hispanic population, many of whom have learned English as a second language, and students who are eligible for free or reduced price lunches.
In Joplin, it turns out, we failed to make it in that same area, in every other area we made the mark, but now, Joplin, Monett, and the other school districts have to send out letters telling all parents that their children are in schools that did not meet federal guidelines. If this is not a sign that many of those who devised this law are trying to tear down the fabric of public schools, I don't know what is.
Every school district will eventually have to send out these letters since these students have handicaps that make it nearly impossible for them to learn at the same rate as other students, though they can learn and many do succeed.
It is expected that next year, as the No Child Left Behind barriers are once again moved upward that nearly every school in the state of Missouri will be classified as failing.
As the headline to the Monett Times story, so accurately puts it: No Child Left Behind is ridiculous.
Prosecutor: Cooper is "criminal caught redhanded"
In a letter to the editor in today's Cape Girardeau Southeast Missourian, Cape Girardeau County Prosecuting Attorney Morley Swingle offered some comments on the recent guilty plea of former Rep. Nathan Cooper, R-Cape Girardeau:
Meanwhile, I would point out that it can be funny to watch politicians criticizing each other once political blood starts flowing, because today's shrill voice calling for vigorous criminal prosecution so often becomes tomorrow's criminal defendant.
No intelligent person reading the Southeast Missourian could have any question but that Nathan Cooper is a criminal caught red-handed by the feds and will be severely punished.
Blunt may withdraw pro-voucher appointment
One of the dangers for Governor Matt Blunt of calling a special session is that the Senate will have a chance to vote on his recess appointments, including his latest pro-voucher candidate for the State Board of Education, former Rep. Derio Gambaro, D-St. Louis.
PubDef speculates the governor might withdraw the appointment, then reappoint him again after the session concludes, which would mean Gambaro would get to serve approximately eight months without official appointment.
This information about Gambaro and his connection to pro-voucher billionaire Rex Sinquefield (also a major contributor to the governor) was featured in the June 11 Turner Report:
It appears Sen. Jeff Smith, D-St. Louis, the senator for Gambaro's home district, opposes Gambaro's nomination, so it should be interesting to see what the governor does in the next couple of days.
PubDef speculates the governor might withdraw the appointment, then reappoint him again after the session concludes, which would mean Gambaro would get to serve approximately eight months without official appointment.
This information about Gambaro and his connection to pro-voucher billionaire Rex Sinquefield (also a major contributor to the governor) was featured in the June 11 Turner Report:
In 2006, Sinquefield virtually bankrolled Gambaro's unsuccessful candidacy for the state senate seat eventually won by Gambaro's Democratic primary opponent Jeff Smith.
Smith, the senator who blocked Ms. Whitmore-Smith's appointment, may do the same to Gambaro, but the former state representative will be able to serve until the Senate is in session next January.
Though a contribution limit of $675 was in effect at that time, Sinquefield contributed $20,700 into Gambaro's account during its final quarter, by placing $6,500 donations into three committee accounts, which then turned the money over to Gambaro. No pretense was made otherwise, since those were the only contributions those commttees received during that time period. Sinquefield and his wife each chipped in with $600 directly to Gambaro to account for the other $1,200.
It appears Sen. Jeff Smith, D-St. Louis, the senator for Gambaro's home district, opposes Gambaro's nomination, so it should be interesting to see what the governor does in the next couple of days.
Monday, August 20, 2007
Another Koster picture bites the dust
Apparently, a reader informs me, the infamous photo of Chris Koster and Vice President Cheney is not the only one that Sen. Chris Koster has removed from his website now that he is a Democrat.
It appears that former Speaker of the House Dennis Hastert and Sixth District Congressman Sam Graves are also persona non grata, but again thanks to the miracle of Google, the image of Koster, Hastert, and Graves is with us forever.
Devastating blow to Romney campaign: He has Nodler's support
St. Louis Post-Dispatch DC Download reports Sen. Gary Nodler, R-Joplin, has jumped on the Mitt Romney bandwagon:
Ex-Massachusetts Gov. Mitt Romney, who looks to be be gaining from his Iowa Straw Poll victory earlier this month, has snared two more endorsements from Republicans in the Missouri General Assembly: Sen. Gary Nodler and Rep. Bryan Pratt.
Romney said in a news release today that Nodler, of southwest Missouri, and Pratt, of Blue Springs,"will help my vision of a stronger military, stronger economy and stronger families …"
Turner Report reaches 5,000 posts
This post marks number 5,000 for The Turner Report.
Thanks to those of you who have stuck with this blog since its beginnings in late 2003 and the many more who have come along since the blog changed to a news/commentary format midway through 2004.
The corrections on the proofs for The Turner Report, my first non-fiction book, which includes some of the stories you have followed on this blog (with new information and hopefully, insight) were e-mailed back to IUniverse Friday so the book should be available in about three to four weeks. I will provide more information about the book over the next several days.
Again, thanks for your support. I will try to give you something to stay with the blog through the next 5,000 posts.
Thanks to those of you who have stuck with this blog since its beginnings in late 2003 and the many more who have come along since the blog changed to a news/commentary format midway through 2004.
The corrections on the proofs for The Turner Report, my first non-fiction book, which includes some of the stories you have followed on this blog (with new information and hopefully, insight) were e-mailed back to IUniverse Friday so the book should be available in about three to four weeks. I will provide more information about the book over the next several days.
Again, thanks for your support. I will try to give you something to stay with the blog through the next 5,000 posts.
Services held for soldier killed in Iraq
Services were held Saturday for a soldier who was killed in Iraq earlier this month. Donald Young, 19, Helena, Mont., the son of Donna Smith, Joplin, was laid to rest in Montana. (Earlier AP reports indicated Cheryl Young was his mother, the latest say she was his wife. A Springfield News-Leader article indicates both Young's mother and sister live in Missouri.) Young was killed when his vehicle hit an explosive device:
His older sister, Catherine, remembered teaching him how to swim when he was 8 and she was 10.
"He was a skinny little kid, all dressed in black, standing on the diving board he looked a little scared standing there," she said. "Then this guy came and pushed him off and he screamed so loud, his arms were flapping as he fell into the water, and he sank really fast."
But Young never gave up, his sister recalled, and it was a trait he carried with him throughout his short life.
"It got him in trouble a lot, but it made him the great man he was,” she said. “He always wanted to make a difference."
The family was presented with four medals for Young, including the Bronze Star and the Purple Heart.
Sunday, August 19, 2007
Ambassador: Church shootings "difficult to comprehend"
Micronesia's ambassador to the United States had the same reaction to the shootings of three church leaders as did most of those in the Neosho area:
"That this horrible thing happened in a church is difficult to comprehend," said James Naich, Micronesia’s acting ambassador who came from Washington, D. C., to show his government's support for the estimated 600 Micronesians who live in southern Missouri.
Naich was among more than 1,000 who attended funeral ceremonies Saturday for the three men, who were shot to death during church services last Sunday at the First Congregational Church of Neosho.
The Northwest Arkansas Times opened its coverage of the funeral this way:
"That this horrible thing happened in a church is difficult to comprehend," said James Naich, Micronesia’s acting ambassador who came from Washington, D. C., to show his government's support for the estimated 600 Micronesians who live in southern Missouri.
Naich was among more than 1,000 who attended funeral ceremonies Saturday for the three men, who were shot to death during church services last Sunday at the First Congregational Church of Neosho.
The Northwest Arkansas Times opened its coverage of the funeral this way:
After the eulogies, after the a cappella hymns in their native tongue, and after hundreds filed out of the funeral home, came the wails.
And the screams. And the streams of tears for the three men who were gunned down in their church sanctuary last week.
Standing over the open caskets of Kernal S. Rehobson, Intenson Rehobson and Kuhpes "Jesse" Ikosia, the people who were closest to them heaved and wept, still in disbelief of the horror a gunman unleashed on their tight-knit Micronesian community.
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