{"id":64167,"date":"2015-07-06T05:33:12","date_gmt":"2015-07-06T11:33:12","guid":{"rendered":"http:\/\/www.nmpolitics.net\/index\/?p=64167"},"modified":"2015-07-09T07:16:22","modified_gmt":"2015-07-09T13:16:22","slug":"public-education-department-fined-for-violating-open-records-law","status":"publish","type":"post","link":"https:\/\/nmpolitics.net\/index\/2015\/07\/public-education-department-fined-for-violating-open-records-law\/","title":{"rendered":"Public Education Department fined for violating open records law"},"content":{"rendered":"<p>The state&#8217;s Public Education Department says it doesn&#8217;t have\u00a0documents to back up a claim it repeatedly used to discredit an old teacher evaluation system when\u00a0it implemented a new system in 2013.<\/p>\n<div id=\"attachment_61553\"  class=\"wp-caption module image alignleft\" style=\"max-width: 336px;\"><a href=\"https:\/\/www.flickr.com\/photos\/frwl\/843785861\/in\/photolist-2hyC96-o54F28-7Pt4T7-99mhjU-9xCxmP-dVpDih-7tNELo-PG5hC-mwxVnn-8Jkhjr-5vmkcz-5jqZCW-6nHc74-aevc3c-2TX13W-oPRCi1-7Hs3gK-dzWhEF-7tJHQa-aevLra-edNTjA-aexHAL-53F2Yv-8oTq2a-7JWogQ-Ma595-7tNFDW-5SLGt9-8DBHrC-aeuT2F-aeuP6a-7Pt4xE-7SCp99-7HihGq-7JSsVk-7FRp4T-aevcan-aey1D3-dPRWYy-aexC5J-rASB8s-2zJLxq-8jtyqb-ak6ZFi-9hxwV3-7SCpn1-cZRf21-aev3sn-mwxC2c-aexAby\" target=\"_blank\"><img loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-61553\" src=\"http:\/\/www.nmpolitics.net\/index\/wp-content\/uploads\/2015\/06\/Desks-336x168.jpg\" alt=\"The state's Public Education  Department says it no longer has a study it used to justify creating a new teacher evaluation system in 2013.\" width=\"336\" height=\"168\" srcset=\"https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/06\/Desks-336x168.jpg 336w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/06\/Desks-768x385.jpg 768w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/06\/Desks-771x386.jpg 771w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/06\/Desks-1170x586.jpg 1170w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/06\/Desks.jpg 1280w\" sizes=\"auto, (max-width: 336px) 100vw, 336px\" \/><\/a><p class=\"wp-media-credit\">f_a_r_e_w_e_l_l \/ Creative Commons<\/p><p class=\"wp-caption-text\">The state&#8217;s Public Education Department says it no longer has a study it used to justify creating a new teacher evaluation system in 2013. (<a href=\"https:\/\/creativecommons.org\/licenses\/by-sa\/2.0\/\" target=\"_blank\">photo cc info<\/a>)<\/p><\/div>\n<p>And the department violated the state&#8217;s <a href=\"http:\/\/www.nmag.gov\/uploads\/files\/Publications\/ComplianceGuides\/Inspection%20of%20Public%20Records%20Compliance%20Guide%202015.pdf\" target=\"_blank\">Inspection of Public Records Act<\/a>\u00a0(IPRA) in the way it responded to\u00a0a union&#8217;s request for the documents, a judge ruled last week.<\/p>\n<p>The department (PED) and Gov. Susana Martinez have repeatedly criticized the\u00a0old system they characterize as\u00a0wrongly rating\u00a099 percent of teachers effective.<\/p>\n<p>\u201cYou can\u2019t have 99 percent (deemed) effective teachers and \u2014 when I first took office \u2014 63 percent graduation rates,&#8221; New Mexico Watchdog quoted Martinez <a href=\"http:\/\/watchdog.org\/19749\/nm-susana-martinez-im-so-pro-teacher-its-not-even-funny\/\" target=\"_blank\">as saying in 2013<\/a>. &#8220;You can see that the math doesn\u2019t match up.\u201d<\/p>\n<p>That was a primary justification for implementing one of the administration&#8217;s most controversial and significant reform measures &#8212; an evaluation system that\u00a0relies heavily on student test scores\u00a0to rate teachers.<\/p>\n<p>The National Education Association, which opposes the new evaluation system, wanted to know where the 99 percent figure came from. It filed a formal request for that information in May 2014. When PED responded <a href=\"http:\/\/www.nmpolitics.net\/index\/wp-content\/uploads\/2015\/07\/PEDtoNEA.pdf\" target=\"_blank\">months later<\/a>, it said the information came from a study &#8220;in the early part of 2010&#8221; that examined professional development dossiers submitted by teachers between 2005 and 2010 who were seeking a better ranking and a pay increase.<\/p>\n<aside class=\"module align-left half type-aside\">\n<h3>Related<\/h3>\n<p>Commentary: <a href=\"http:\/\/www.nmpolitics.net\/index\/2015\/07\/public-education-department-chose-to-deceive\/\" target=\"_blank\">Public Education Department chose to deceive<\/a><\/p>\n<\/aside>\n<p>&#8220;The study indicated that of the nearly 6,800 submissions, less than 15 did not meet competencies as verified by local superintendents,&#8221; PED&#8217;s response stated.<\/p>\n<p>But the department didn&#8217;t provide a copy of the study. So the NEA <a href=\"http:\/\/www.nmpolitics.net\/index\/wp-content\/uploads\/2015\/07\/NEAComplaint.pdf\" target=\"_blank\">filed a lawsuit<\/a>.<\/p>\n<p>Last week in Santa Fe, District Judge Sarah Singleton ordered PED to pay the NEA&#8217;s legal costs and a $485 fine for taking months to respond to the records request,\u00a0the <a href=\"http:\/\/www.abqjournal.com\/607423\/news\/ped-fined-485-for-records-law-violation.html\" target=\"_blank\">Albuquerque Journal<\/a> reported. According to the newspaper, &#8220;Singleton said the PED made a reasonable attempt to track down the requested records but did not respond in a timely and thorough manner.&#8221;<\/p>\n<p class=\"\">\u201cThis to me is the kind of breach of the (open records) statute that is not egregious,\u201d the Journal quoted Singleton as saying.<\/p>\n<h3>PED &#8216;no longer has a copy of the study&#8217;<\/h3>\n<p>Under the state&#8217;s public records law, an agency has 15 days to provide requested\u00a0documents in most cases. When an agency deems a request &#8220;overly burdensome&#8221; it has more time.<!--more--><\/p>\n<p>In this instance, PED deemed the NEA&#8217;s request overly burdensome, then took months to respond and ultimately didn&#8217;t provide the documents. Susan Boe, the executive director of the New Mexico Foundation for Open Government (FOG), said\u00a0the NEA&#8217;s request was not overly burdensome.<\/p>\n<p>&#8220;When public officials cite statistics in official speeches or comments, they should be prepared to quickly produce the facts that back up their statements,&#8221; Boe said.<\/p>\n<p>FOG filed its own request earlier this year for the records the NEA sought. It received <a href=\"http:\/\/www.nmpolitics.net\/index\/wp-content\/uploads\/2015\/07\/PEDtoFOG.pdf\" target=\"_blank\">a more detailed response <\/a>stating that the 99-percent claim &#8220;came from a study done by the University of New Mexico that examined the total number of Professional Development Dossiers submitted between 2005 and 2010.&#8221; The employee who &#8220;worked with UNM on the study&#8221; no longer works for PED, and PED &#8220;no longer has a copy of the study,&#8221; PED&#8217;s\u00a0letter states.<\/p>\n<p>&#8220;It may be possible to get the information from UNM,&#8221; the letter states.<\/p>\n<p>When an agency doesn&#8217;t have the requested records\u00a0but knows what department\u00a0does, it&#8217;s required by law to\u00a0<a href=\"http:\/\/www.nmpolitics.net\/index\/2010\/05\/dems-still-awaiting-records-from-martinez%E2%80%99s-tenure\/\" target=\"_blank\">forward the records request<\/a>.\u00a0The PED letter to the sunshine group makes no mention of forwarding FOG&#8217;s request to anyone at UNM.<\/p>\n<h3>Standing by its rhetoric<\/h3>\n<p>Even though it can&#8217;t produce the study,\u00a0the education department\u00a0is standing by its rhetoric.\u00a0Spokesman Robert McEntyre was quoted by the Journal as saying, after last week&#8217;s ruling,\u00a0\u201cthe fact remains that under the old, broken system, 99 percent of teachers were rated effective even though only half of our kids were proficient in reading and math.&#8221;<\/p>\n<p>The NEA&#8217;s director of government and media relations, Charles Goodmacher, took the opposite stance, saying there&#8217;s no factual basis for the claim that the prior evaluation system didn&#8217;t work. Goodmacher is also on FOG&#8217;s board of directors.<\/p>\n<p>The 99-percent figure comes from an analysis of only about a third of all teachers in New Mexico &#8212; those 6,800 who\u00a0submitted\u00a0dossiers to move up a level.\u00a0Michelle Skigen, a Deming teacher,\u00a0suggested that as a reason almost all succeeded.<\/p>\n<p>&#8220;In any given year, most teachers aren&#8217;t doing a dossier, and certainly those who are struggling in their jobs aren&#8217;t doing one,&#8221; Skigen said during <a href=\"https:\/\/www.facebook.com\/haussamen\/posts\/10100842289452471\" target=\"_blank\">a Facebook conversation<\/a>.<\/p>\n<p>Del Hansen, a retired educator in Las Cruces, pointed out on Facebook\u00a0that PED has &#8220;ferociously&#8221; defended the 99 percent statistic even as educators, parents and lawmakers questioned it.<\/p>\n<p>&#8220;If the 99 percent figure is indeed true, one would think and hope the PED could and would produce the proof,&#8221; he said. &#8220;If they cannot or will not make public the data for the 99 percent figure, it calls into the question the very data they report as the basis for teacher evaluations.&#8221;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The state&#8217;s Public Education Department says it doesn&#8217;t have documents to back up a claim it repeatedly used to discredit an old teacher evaluation system when it implemented a new system in 2013.<\/p>\n","protected":false},"author":1,"featured_media":61553,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[234,125,107,706],"class_list":["post-64167","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news-and-analysis","tag-children","tag-education","tag-roundhouse","tag-transparency"],"_links":{"self":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/64167","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/comments?post=64167"}],"version-history":[{"count":0,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/64167\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media\/61553"}],"wp:attachment":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media?parent=64167"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/categories?post=64167"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/tags?post=64167"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}