Miller Follows Script, Still SBE Meeting Tense

Despite being scripted, on Monday, Arizona State Board of Education Chair Greg Miller struggled to lead the public’s meetings with the requisite civil tone and demeanor expected of someone in that position. Miller, a large and imposing man, snapped at Superintendent Diane Douglas when she requested that several Consent Agenda items be publicly discussed.

Read Miller’s script here

Miller’s carefully crafted script did not allow for variations in what is supposed to be an open and honest discussion of the public’s business in public. When Douglas requested a public discussion of the failure of State Board of Education and staff to take the appropriate steps in a timely matter related to the decertification of teachers accused of criminal sexual behavior, Miller snapped sarcastically, “You’re kidding right?” “No sir, I am not kidding at all,” responded Douglas, who appeared to be surprised that a seasoned Board member would not expect items to be pulled from a Consent Agenda for discussion.

Douglas had merely asked for a public discussion of the failure of State Board of Education and staff to take the appropriate steps in a timely matter related to the decertification of teachers accused of criminal sexual behavior. Douglas advised her fellow Board members that while they could vote on each decertification as a block, the Board needed to recognize its failures and the dangers related to them. “I want to remind the Board that Vanessa, an Oregon teacher had sex with a student. It was brought forward on January 30, 2015. We’re not taking action until 2016. Robert Estep – again inappropriate relations – again we learned of it in 2014, and it was not addressed until well into 2016. The next one; Marilyn Johnson, her fingerprints were suspended upon arrest dating to mid-2012 and we are in 2016. Harry Schueren – again sexual contact with students. Again it goes back to 2013, but is not coming forward until 2016. This is a danger to our students, and it is time that the Investigation Unit wastes no more time. It takes nothing more than the Board telling the Investigation Unit; ADE (Arizona Department of Education) employees to return to their rightful work position and begin working with our Certification Department.” Douglas concluded, “It’s time to stop endangering the students of Arizona.”

On January 30, 2015, the Investigative Unit of the State Board of Education received a report from the National Association of State Directors of Teacher Education and Certification (NASDTEC) that Ms. Cardoso’s teaching certificate was revoked Oregon due to a sexual relationship with a student.

On February 12, 2016, the Investigative Unit notified Ms. Cardoso of the intent of the Arizona State Board of Education (“Board”) to file a complaint seeking disciplinary action against her teaching certificate. Ms. Cardoso chose to voluntarily surrender her teaching certificate.
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On April 3, 2014, the Investigative Unit of the State Board of Education received a complaint from the New Mexico State Board of Education alleging unprofessional conduct by Mr. Estep by maintaining inappropriate relationships with female students to include interaction via social media.

On February 12, 2016, the Investigative Unit notified Mr. Estep of the intent of the Arizona State Board of Education (“Board”) to file a complaint seeking disciplinary action against his teaching certificate. Mr. Estep chose to voluntarily surrender his teaching certificate.
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On July 11, 2012, the Investigative Unit of the State Board of Education received notification from the Arizona Department of Public Safety that Ms. Johnson’s Fingerprint Clearance Card had been suspended due to an arrest in the City of Phoenix on or about July 10, 2012, for Fraudulent Schemes and Artifices, Trafficking Stolen Property and Possession of a Forged Instrument.

On February 10, 2016, the Investigative Unit notified Ms. Johnson of the intent of the Arizona State Board of Education (“Board”) to file a complaint seeking disciplinary action against her teaching certificate. Ms. Johnson chose to voluntarily surrender her teaching certificate.
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On January 30, 2013, the Investigative Unit of the State Board of Education received a complaint from the Kingman Unified School District alleging, Mr. Schueren IV had engaged in inappropriate physical and sexual conduct with students.

On December 9, 2015, the Investigative Unit notified Mr. Schueren IV of the intent of the Arizona State Board of Education (“Board”) to file a complaint seeking disciplinary action against his teaching certificate. Mr. Schueren IV chose to voluntarily surrender his teaching certificate.

While Douglas and fellow Board members Jared Taylor and Chuck Schmidt appeared to be concerned, Board members allied with Miller – Reginald Ballantyne III, Tim Carter, Amy Hamilton, and James Rottweiler appeared unfazed. Member Roger Jacks appeared to be asleep much of the afternoon portion of the meeting.

Miller did react to questions by Douglas about the questionable hiring of Sean Noble’s Axiom Public Affairs firm for $5000 a month to lobby Arizona legislators. “About SB1416,”said Douglas referring to the bill some on the Board are pushing which would strip the Office of Superintendent of Public Instruction of many of its duties, “I asked some questions about it last month and we were told there was really no knowledge of it. Yet, quite frankly Ms. Schmidt testified on behalf of this Board with no authority from this Board to do so. I would like to make this Board aware of a few other issues and the public should be aware that we contracted with Axiom, and my understanding is that we are paying $5000 a month. It was unclear – I guess we are paying them $5000 a month all year – not just through the legislative session, and the only piece of legislation that this Board has actually taken action on is the bill related to the accountability system. Yet Dr. Schmidt is over there lobbying for SB1416. I question the use of resources – we are paying $5000 a month – why is our executive director is over there lobbying, or conversely, if our executive director is lobbying on behalf of this Board, why we need Axiom; at great cost to our taxpayers?”

Arizona Secretary of State Lobbyist System AZ STATE BOARD OF EDUCATION
LOBBYIST ID REF TYPE LOBBYIST NAME STARTED
3610856 DPL SCHMIDT, KAROL 11/30/2015
3605526 LFC AXIOM PUBLIC AFFAIRS 11/30/2015
3610526 APL MILLER, GREGORY 1/12/2015

“I found it deeply disturbing, with all due respect, that you – President Miller – are a registered lobbyist for this Board when you are not authorized to do that. Quite frankly this Board did not vote until December 22 to adopt Axiom as our lobbyists, and that contract was not supposed to take effect until January, and yet the start date with us on the Secretary of State’s website is November 30, 2015. So, I have great concerns about how they became our lobbyists, and some of the steps that took place. Quite frankly, I wanted my fellow Board members to know about this.”

“I think when we officially move something through the Legislature, then Dr. Schmidt or any hired representative can certainly speak on behalf of our position on that, but certainly outside of that, they should be speaking for themselves,” stated Taylor in agreement with Douglas. He said that he understood that it is often necessary for SBE staff to share expertise with legislators on educational issues, staff must make it “clear what we and what we have not taken a position on should be part of that.”

Karol Schmidt, the SBE’s executive director, raised eyebrows earlier this year, when she appeared before the Senate Education Committee and made representations that she was appearing on behalf of the Board in opposition to by testifying on SB1455; parental “opt out” legislation. She had not been authorized through Board action to do so, and the information she presented was considered inflammatory.

According to sources, members of the public are considering filing a complaint with the Arizona Attorney General’s Office requesting an investigation into the Axiom RFP process.

In other Board actions, the Academic Standards Development Committee received approval to continue their work, as requested by Governor Doug Ducey, to remove the vestiges of Common Core. Both Ducey and Douglas were swept into office for their opposition to the federal standards.

In a September 2015 article in the Capitol Times, Daniel Scarpinato, a spokesman for Governor Ducey, addressed a bill that had passed which expanded the governor’s “ability to fire board and commission appointees who don’t toe the company line. The bill applies to the State Board of Dental Examiners, State Board of Education, Arizona Medical Board among others and according to the Capitol Times article.

Given Miller’s inability to conduct the public’s business in a civil manner even with a script, many education activists question why he remains on the Board. However, the governor has failed to fill a current vacancy on the Board and replace both Jacks and Hamilton, whose terms have expired.