Showing posts with label bus stop. Show all posts
Showing posts with label bus stop. Show all posts

Sunday, February 19, 2012

"Insuracare" comes to Middletown: A Commentary on Bureaucracy and Public Education

One of my favorite movies of all times is Pixar's The Incredibles. I love everything about this movie, from its clever character creation (naming the superhero Mom Elastigirl) to its witty commentary on real life (the villain comments on his plan to sell his inventions so that everyone can be a superhero: "When everyone's super, no one will be.").

One of the most painful scenes in the movie, however, is the exchange between Bob Parr (Mr. Incredible) and his boss at Insuracare: Bob gets called to the office because his boss is unhappy...
Boss: "Your customers make me unhappy."
Bob: "What? You've gotten complaints?"
Boss: "Complaints I can handle. What I can't handle is your customer's inexplicable knowledge of Insuracare's inner workings. They're experts. Experts, Bob! Exploiting every loophole, dodging every obstacle. They're penetrating the bureaucracy!"
Bob: "Did I do something illegal?"
Boss: (begrudgingly) "Noooo..."
Bob: "Are you saying we shouldn't help our customers?"
Boss: "The law requires that I answer no."
Bob: "We're supposed to help people."
Boss: "We're supposed to help OUR people, starting with our shareholders, Bob. Who's helping them out?"
You see, Bob has been secretly helping his customers navigate the corrupt company system, and he's forced to decide between his superhero principles of justice and his job. He sticks with his principles and loses the job (and this isn't the first time it has happened to him).

This scene is painful for me because I know it catches the evils of bureaucracy perfectly, just as it ignores the good that can come from an organized effort to make a difference. As Abraham Lincoln is thought to have said in 1854:
"The legitimate object of government, is to do for a community of people, whatever they need to have done, but can not do, at all, or can not, so well do, for themselves -- in their separate, and individual capacities."
We need government involvement in the education process, unless of course we're all suddenly going to homeschool our children or privatize public education. I don't think my children would survive homeschooling, so I'm going to stick with the "go someplace else for school" model. It's an intriguing thought to consider privatizing public education, but I have no idea how that would work, and I'm not sure it would solve the evils of public education either. So...we need some government, and with it comes a bureaucracy. This does mean, though, that the individuals in government have to be working for the common good, not their own agenda or some other purpose at odds with the reason for any government at all.

Let's consider the following example of how bureaucracy in Public Education occurs in Middletown:

In October, the EYE reported on a dispute between parents and the BOE Transportation Committee over the bus stop at the intersection of Prout Hill Rd and Crystal Lake Rd (read the original post here). Last week, the EYE learned that one of the cases had been appealed to the State Board of Education, and an impartial hearing board remanded the case back to the Middletown BOE Transportation Committee because "The Appellant did not receive reasonable notice of the hearing before the Transportation Sub Committee." (Read the full decision here.)

The heart of the case is that the appellant received notice the day before the hearing was scheduled: while said notice was postmarked November 10th for a November 15th, 8:30am meeting, the appellant didn't get the notice until the 14th. When he called to ask for more time, he was informed that the hearing would go forward because the District's attorney was already on the way and couldn't reschedule. In fact, the appellant wasn't able to be at the meeting at all, and he was, in the words of the hearing board, "denied the opportunity to present a full case, cross exam witnesses or exam documentary evidence." Based on this, the hearing board concluded that:

The Transportation Sub Committee acted in an illegal, arbitrary, capricious or unreasonable manner. C.C.S. 10-186 contemplates a procedure for appeal, which includes a meaningful hearing before the local board of education....The hearing before the Transportation Subcommittee of the Middletown Board of Education was substantive but one-sided. To be meaningful the other party must be heard from and allowed the opportunity to present evidence, call witnesses, cross examine witnesses - in other words to be seen and heard. A notice of one day and denial of a chance for a continuance short-circuited the meaningful hearing before the local board. Email cannot substitute for the physical presence of the parent. The Impartial Hearing Officer finds no fault with the substantive presentation of the Transportation Subcommittee. The Transportation Committee followed the policies of the Board of Education. The procedural issues denying the Appellant an opportunity to participate, however, prevail.

There it is...Insuracare has come to Middletown. Here's where it gets interesting. I emailed BOE Chairman Dr. Nocera to ask how a hearing could proceed if the person the hearing was for couldn't make it. I also couldn't figure out who was on the Transportation Committee because that committee isn't listed on the BOE website. Dr. Nocera forwarded my email to the members of the Transportation Committee (Bill Grady, chair, and Ryan Kennedy) as well as Facilities Director Ken Jackson, Business Manager Nancy Haynes, and Superintendent Michael Frechette for a response.

I first heard from Nancy Haynes, who said the new hearing is set for February 24th. She also commented, "Because this matter involves student records, we are unable to speak about any other details, and the hearings are conducted in Executive Sessions because of student confidentiality laws." When I asked what part of an educational record could possibly be revealed in a bus stop hearing, Haynes replied, "We can't predict in advance what a parent is going to say....sometimes the reason for change request is because of another student, and so we have to protect that student's confidentiality."

I also asked a BOE member who sets hearing dates and times, and I learned that the central office does the scheduling. In particular, Nancy Haynes is responsible for scheduling hearings. When I asked Haynes how the scheduling takes place, she replied, "After a request is received to hold a hearing, we review the state statute on time frames with the Committee Chair and BOE counsel and then post the meeting on behalf of the Committee." Haynes also commented that the State Statute requires that a hearing be held within 10 days of the request (not 10 days of notice for the hearing itself). This answer didn't make much sense to me (October 28 request for a November 15 hearing) until I looked at C.G.S. 10-186 (b) (1) to see that it actually indicates the board, subcommittee, or local impartial hearing board shall give the person a hearing within ten days after receipt of the written request. (This means the hearing just has to be scheduled within 10 days of the request.)

The parent in this case emailed Haynes on October 28, 2011, and notification of a hearing was dated November 10th. Technically, this would have been one day late except for the October Blizzard and lack of electricity and the week off school and so on. The other relevant factor in when the hearing was scheduled was the fact that an election had just taken place and the outgoing BOE members' terms expired on November 15th at noon. Ryan Kennedy, one of the Transportation Committee members, told me that the hearing had been scheduled for the morning of the 15th because "the past committee was very familiar with the issue, " and an entire new committee could have been named.

So what's the point? Well, in the movie, Bob Parr's clients paid for their insurance, but the company did whatever it could to not pay out any claims. Here, in Middletown, parents pay more than 1/2 the town's budget to the Board of Education, but there are multiple cases of parents frustrated at the bureaucracy they must navigate. Not only are you ignored (remember that this case first came to light because no one would schedule a Transportation Hearing), but then it also appears that the process is manipulated against you. I asked Nancy Haynes point blank how this case could go so wrong, and she replied, "I really don't know."

Please don't misunderstand. I know there are plenty of times when the front office gets it right. Middletown has seen an amazing change in CMT scores and overall student performance in the last few years. In fact, the parent involved in this case also blogged about why Middletown should care about the "scream rooms" incident, and he had this to say to the EYE about why he did it:

Regarding the contents of my blogpost: There has been no shortage of events in the recent years to tarnish the image of our schools, which directly effects the entire community in a negative manner as I stated in the blog. The public perception of our school system is poor, which is a shame. There are hundreds of teachers, lower level administrators (principals, vice principals, curriculum directors and department heads) and other employees that work hard every day to provide a safe environment for our children to learn in, and do a fantastic job of providing a top notch public education for our children. Unfortunately, the public image of the system is seen by the public from the top down, not the bottom up. It is my hope that the Middletown BOE as a whole will come to this same conclusion, and make the necessary positive changes in leadership required to correct the negative image so we can all move on from these past issues together, as a community, and change the perception of our schools and the city as a whole to what it should be: A great place to live and work.

I couldn't agree more. However, it takes something like 10 positive experiences to undo a negative one, and it's only been negative out of that part of town for some time. Furthermore, I don't think we have a common definition for the word "transparency" in this town. You don't walk up to a window and ask it what's on the other side: you just look through it. The window doesn't do anything different to be transparent, and it doesn't have to tell you specifically what's behind it. You can just see by virtue of how the window is.

No student confidentiality is compromised by a frank discussion of policy and procedure. Transparency is an attitude and an understanding of who your client is and how best to communicate with him or her. It's not enough to argue that "we're making the best decisions for the kids that we can," when, in practice, it's impossible for parents (the very people who know Middletown children the best) to know or to understand how and when decisions are made. For example: about 3 years ago, when the district cancelled a huge number of bus stops to save on fuel costs, the only indication parents got that something had changed was the bus number on the little card from DATTCO that arrived in the mail the week before school started. A huge uproar followed, and it could have been avoided in part if a letter had gone home much earlier in the summer explaining the changes and why they were happening. Since times and stop locations were now much different than before, parents had to make adjustments in work schedules and other care coordination, and who realistically could do this the week before school starts?

I'm not the only Elastigirl in town, and I do wish that the negative attention would go someplace else. Us "super parents" have to be able to trust the process that manages education in our town, but the last couple of years have been really scary. Furthermore, for any change to occur, it has to be organized and efficient to be effective and lasting, and it needs competent leadership and specific goals. So take a moment and consider one or two very specific and concrete things the BOE or the Central Office could do to communicate better or be more transparent. I don't mean for you to say "communicate better" or "be transparent." I mean something like "List the Transportation Committee on the BOE website and provide a link for requesting a transportation hearing."

Post a reply to this article, or email BOE Chairman Dr. Nocera (genenocera@gmail.com) with your specific suggestions. It follows that if parents expect transparency, government should be able to expect specific feedback on how that transparency is working.

On a happier note, I've heard great things about Farm Hill's interim principal, and I'm hoping to share those details in the next week. Rumor has it the mood has completely changed, and that would be some welcome, happy news that this town desperately needs!

Wednesday, October 19, 2011

From the Pencil: No Meritocracy in Bureaucracy

Parents Baffled At Handling of Transportation Complaint

At last Tuesday night's Board of Education meeting, two parents and a grandparent asked the Board to consider their request for a change in bus stop location during both public sessions. This request led to a very distressing exchange between concerned BOE members and the Superintendent and his Business Manager.

Background:

The stop in question is at the intersection of Prout Hill Road and Crystal Lake Road. According to the joint complaint, the road is very narrow at that intersection and there are no sidewalks for the 6-8 children to stand on. Additionally, the homeowner at that intersection has requested that children not stand on her property while waiting for the bus (see here for that request to the BOE and Mayor) because she doesn't want to be responsible for any accident that might happen. The proposed parent solution is to move the stop to the intersection of Crystal Lake Rd. and Trailside Crossing: the street is wider and there are sidewalks for the kids to stand on.

The group request to the Superintendent's office, dated September 7th and signed by 9 different families, followed an August 31st certified letter from Board of Education Write-in Candidate Mark Loomis (grandparent to 5 children using the bus stop, 4 of which live with him). On September 9th, Business Manager Nancy Haynes wrote back to Loomis, thanking him for notifying the BOE of the concerns and telling him she would "review the bus stop against the Board of Education's transportation policy."

On Monday, September 21st, Sgt. Scott Aresco, the Traffic Unit Supervisor for the Middletown Police department, sent an email of his findings to Police Chief Patrick McMahon. The email reads as follows:
Chief,
The Traffic Unit has reviewed the bus stop at Prout Hill Road and Crystal Lake Road, and has the following concerns and recommendations.
  • The current bus stop has no sidewalks where the children can wait for the school bus.
  • Currently, the children stand in the front lawn of 182 Prout Hill Road; however, the resident has requested that the children not stand on her property waiting for the school bus. This is the only location at that corner where children can stand without being in the roadway. This becomes an issue especially in the winter with the snow/etc.
Our recommendation is that the bus stop be moved to the corner of Trailside Crossing and Crystal Lake Road. Children waiting for the bus will be off the roadway, as there are sidewalks on Trailside Crossing. Additionally, there is enough room in the cul-de-sac of Trailside Crossing for a bus to turn around.
Should you have any question and or concerns please feel free to contact me.
Sgt. Scott Aresco
On October 5th, Mark Loomis sent a second certified letter to the Superintendent, with the return receipt showing the letter was picked up on October 7th. This letter referenced the first request, cited Nancy Haynes' promise to look into the matter, and included the text of Sgt. Aresco's findings. Loomis received no reply to his letter. On Tuesday, October 11 (the same day as the BOE meeting), Mr. Loomis called the Board of Ed to see where his request was. He was told by Nancy Haynes that she was waiting for a road report that was being prepared by the safety department at DATTCO, and that she would contact him when the report was done.

According to his comments via email to this EYE reporter, Mr. Loomis couldn't understand what would take over a month for DATTCO to report on, so he called DATTCO to find out for himself:
I called them to ask; 1) when was the report requested, and 2) when could the Board expect to receive the report. At Dattco, I spoke to Ms. BillieJo Richardi of the Safety Dept. She told me that any request for a report such as described by Ms. Haynes would have to cross her desk, and that her department was not in receipt of any such request. She sounded a bit dismayed that she was just now hearing that there was a concern, and promised me that she would get back to me tomorrow, (Wednesday), it being almost the close of business on Tuesday.

Back to the BOE Meeting:

Mr. Loomis, Mr. Byrd and Mr. Latina all told the board various parts of this story during the first public session story, and all asked why there was no resolution to their case. BOE Chairman Ted Raczka responded that it wasn't a Q&A time and that the Board couldn't respond to direct questions. However, once the public session ended, BOE member Sheila Daniels asked where this case was and why it wasn't getting resolved. Here's where it got interesting...

Both the Superintendent and the Business Manager replied that they had received no written request for a transportation hearing to address this particular bus stop issue: "I haven't talked to anyone about this," said Michael Frechette. "No one has asked me for a hearing, " commented Nancy Haynes a moment later. BOE member Sheila Daniels then asked if any of the parents were even told that they needed to do such a thing, and there was no real answer to her question. BOE Member Corinne Gill added, "Protocol is that they're informed they have the right to submit a request for a hearing." BOE Member Ryan Kennedy commented that there was a transportation committee meeting the very next morning (Wednesday, October 13), but that he hadn't heard about this case. After several minutes of discussion about who didn't talk to whom, Chairman Ted Raczka said, "If an email request cc'ing the Chairman was sent, a hearing would be scheduled as soon as practical."

During the second public session, Parent Craig Byrd returned to the podium to tell the board that he had never, in all his interaction with the Superintendent's Office, been told he could submit a written request for a hearing.

After the meeting concluded, this EYE reporter asked Transportation Director Mike Milardo for additional information on this bus stop issue. Milardo commented that he had spoken to Mrs. Byrd and that she didn't like his initial decision about not changing the bus stop. Apparently, the proposed alternate stop (Trailside Crossing/Crystal Lake Rd) has not been approved for a bus turn (but it has been approved for fire truck access), so Milardo denied the change on that basis. Mrs. Byrd was not happy with that decision, so she was able to appeal to Milardo's supervisor, Business Manager Nancy Haynes, and Milardo then was no longer in the decision-making process.

Immediately following the interview with Mike Milardo, this reporter was able to interview Business Manager Nancy Haynes about her interactions with the multiple families involved in this bus stop dispute. Haynes said that since Mark Loomis was not a parent of children at the bus stop, he had no standing in the case, and so his efforts to get the bus stop changed were pointless. She also claimed that "someone" had talked to DATTCO that day about the safety report that was necessary before a decision could be made. When asked if Mrs. Byrd was ever told that she had to request a hearing specifically, Haynes replied, "She's an employee of this district and she should know what the procedure is." (Author's note - Mrs. Byrd works at Woodrow Wilson Middle School.)

One Week Later:

One week has passed since the "Bus Stop Saga" was brought to the attention of the Board of Education. This EYE Reporter had to fly to AZ over the weekend, and was unable to finish the story before now. On a whim this morning, I emailed Mark Loomis (the Grandparent without standing and BOE write-in candidate) to ask for an update before I published, and the only change in the storyline was a visit by the Superintendent, who had to wait for another car to turn off Crystal Lake Rd. before he could make his own turn in. Based on that experience, according to what Mark Loomis emailed back, the Superintendent said it's not safe for a bus to turn onto Crystal Lake Rd. (remember that kids stand at this intersection currently, and the proposed change is to have the bus turn on Crystal Lake to pick up at Trailside Crossing). Loomis then commented,
Now I ask you, what sense does that make? It's too unsafe for a bus to make the turn, so we'll solve that by having kids wait in the road there? Is this some kind of joke? Dr. Frechette has zero expertise that qualifies him to make this call. The board should show some respect for the judgement of the traffic supervisor -Sgt. Aresco.
Loomis did not say that a hearing has been scheduled, and I'm in possession of the email sent last Tuesday night, October 11th, to the BOE Chairman and others that requested a transportation hearing.

Author's Opinion:

When I initially started following this story a week ago, it sort of sounded like someone just didn't follow through someplace and this complaint got left behind. However, the more questions I ask, the more I don't like what I get in response. It either is or isn't policy to tell a parent what their options are if they want to challenge an administrative decision. It shouldn't matter who the parent it, and it certainly shouldn't matter if the primary caregiver happens to be a grandparent. I would also think that the arrival of more than one certified letter on a subject would finally trigger SOMEONE in the Superintendent's Office to ask if a hearing had been scheduled or if the parties involved even knew that was an option. Furthermore, Nancy Haynes asked for 116.75 hours of overtime for the business office for September (due to the payroll supervisor position not being filled), and that's an additional 20+ hours per week of extra work for someone or someones. That (supposedly) means people are there working, so it's kind of hard to understand how something could get dropped this bad for this long.

So, besides a conclusion of incompetence, which I'll hold off on for now, the only other possible choice has some connection to the fact that Mark Loomis is a candidate for the BOE. Surely this isn't the case, and surely this isn't what happens in Middletown...