Education, News

After a five-day hearing, a decision in Istation case is still weeks away

State Superintendent Mark Johnson

It’ll be more than five weeks before a decision is made on the fate of the controversial contract award to Istation to assess reading levels of the state’s K-3 students.

After a five-day hearing about the award, Jonathan Shaw, the general counsel for the Department of Information Technology (DIT) who presided over the hearing, granted the court reporter two weeks to transcribe recordings and attorneys three weeks to respond with proposed decisions.

On Friday, Tymica Dunn, procurement manager for the N.C. Department of Public Instruction, spent several hours answering questions about the state procurement process, particularly about how the criteria for the reading assessment tool changed after a Request for Proposal (RFP) was cancelled and DPI entered directly into negotiation with Istation and Amplify.

A day earlier, Amplify CEO and co-founder Larry Berger testified that he believed the evaluation criteria for the state’s reading assessment tool was changed to disadvantage his firm.

Berger contended that during the RFP process an evaluation committee ranked Amplify above Istation and two other competitors for the lucrative state contract worth millions to the winning bidder.

Amplify CEO Larry Berger

But he said the evaluation criteria from the RFP to the negotiation phase was changed to make criteria less favorable to Amplify more important.

Cost, for example, was ranked highest in the negotiation phase but carried a lower ranking during the RFP process.

State Superintendent Mark Johnson eventually awarded Istation the contract, worth $8.3 million, Amplify’s bid was much higher, around $12 million. (Both firms eventually lowered prices during the negotiation phase but Istation’s remained low-bidder).

Amplify filed a protest after Johnson awarded Istation the contract. That led to this week’s hearing to determine whether DPI acted properly in the contract award.

Dunn was relatively new in her job as procurement manager when the reading assessment RFP fell into her lap.

DPI Procurement Manager Tymica Dunn

So, when the RFP reached the brink of cancellation after an evaluation committee formed to weigh proposals couldn’t reach consensus, Dunn asked officials with the state Department of Information Technology (DIT) for advice.

She said Pattie Bowers, director of procurement for DIT, told her and a colleague that the criteria could change in the negotiation phase because it would become a new procurement.

Mitch Armbruster, lead attorney for Amplify, said changing the criteria, and then not notifying his client about it, was unfair. Berger testified that he was never told about the changes.

One interesting development during hearing involved a discussion earlier in the week about the way DPI and State Superintendent Mark Johnson learned about an evaluation committee member’s breach of confidentiality, which played a part in the cancellation of one reading assessment RFP.

It’s been alleged that someone illegally monitored a former employee’s email that was still attached to her cell phone. The former employee received email messages discussing the procurement process from a member of the evaluation committee selected to evaluate reading diagnostic tools.

A printed copy of the exchange was slipped to DPI staffers who turned it over to Johnson.

DPI spokesman Graham Wilson confirmed in an email message that DPI is investigating the claim.

“We do not know where the text message came from,” Wilson said. “We are conducting an investigation to try to find out.” Read more

Commentary, News

Conservative NC lawmakers boost controversial King Day gun rally

Concerns continue to grow about a gun rights rally that has been planned for Richmond, Virginia on the upcoming January 20 King holiday.

Click here to read a Virginia Mercury story about how a state court judge recently upheld a temporary ban on bringing firearms onto the site of the rally and here to read about how the FBI has arrested three suspected members of a white supremacist group who planned on attending.

The state’s governor has declared a state of emergency in anticipation of the event, which has been endorsed by some of the same actors that participated in the infamous 2017 Unite the Right white supremacist rally in Charlottesville.

Meanwhile, despite these many troubling aspects to the event and its obvious overtones of racism and violence, it appears numerous North Carolina lawmakers have signed on to a letter in support of the rally’s goal of promoting so-called “Second Amendment sanctuary” cities and counties.

The following Facebook post by North Carolina State Rep. Steve Jarvis of Davidson County indicates that at least three North Carolina lawmakers will attend the rally and deliver a letter signed by 50 House members (see page one above — Raleigh’s News & Observer has the full letter here), including House Speaker Tim Moore. The

Today as your State House Representative I signed a letter in Support of the 2nd Amendment counties and cities in the Commonwealth of Virginia.
This letter states that the North Carolina House Republican Caucus supports the counties and cities that have self-declared themselves as “2nd Amendment Sanctuaries”.
The signers of the letter include Speaker Tim Moore and Majority Leader John Bell Freshman Majority Leader Steve Jarvis as well as 47 other members. Representative Kidwell will attend a rally on January 20th where he and several other members of the North Carolina House of Representatives including Rep Michael Speciale (Craven) and Rep Bobby Hanig (Currituck) will present the letter to the members of the Virginia legislature. “It is our hope that we can impress upon the Virginia legislature the importance of protecting the rights of the people they represent”. Said Rep. Kidwell. As stated in the letter, North Carolina and Virginia have stood together beginning with the revolution, and it is the hope of the signers of this letter of support that we will continue to stand with the citizens as their rights are being attacked in much the same way they were under colonial rule.
All in all, this is pretty scary stuff. It’s one thing to hold strong views on gun rights, but it’s quite another to play footsy with avowed white supremacists and some of the other characters involved in this event. The North Carolina lawmakers should take a step back and rethink their implicit endorsement of the event.
Commentary, Courts & the Law, News

The week’s top stories on Policy Watch

Commentary:
1. Make no mistake. The budget failed because Republicans failed to compromise.

There is a temptation—and believe me, I understand it—to celebrate the fleeting nature of this week’s special session of the North Carolina state legislature as some sort of coup.

Resist that temptation, even if the sight of an ostensibly frustrated Phil Berger is a new one to these tired eyes.

Berger and his compatriots in the Republican caucus enjoyed near unchecked power in the last decade. A post-Obama surge of conservatives played a modest part in that, although the gerrymandering did its part too. [Read more…]

2. Pipelines, roads and railways: This is why you should care about Trump’s rollback of NEPA, a key environmental law

By the time the new Interstate 885 opens in Durham later this year, some of the people who conceived of the original project will have been long dead.

In the works for 60 years, the East End Connector, as Durhamites call it, funnels traffic over four miles from NC 147 to US 70 and onto I-85, to reduce congestion on surface streets.

But environmental laws did not slow-walk the project. In fact, when the highway was first conceived in the early 1960s, there was no EPA. There was no Clean Water Act, no Clean Air Act. There was no NEPA — National Environmental Policy Act. All those laws were passed in the 1970s. [Read more…]

3. NC’s new “Raise the Age” law appears to be off to a promising start

New facilities and policies offer hope to 16 and 17 year-olds once consigned to the adult corrections system

Tall trees and a rocky, woodsy landscape envelop the C.A. Dillon juvenile detention campus in Butner. Save for the tall metal fence that rings the confinement building, the area could be mistaken for a summer camp or private school grounds.

The feeling that greets the visitor of wanting to go for a group hike or play flag football with old pals quickly diminishes inside, however, as the smell of fresh paint permeates the building and barred windows and concrete walls remind you that this isn’t a fun trip away from home. But it won’t be like that forever – after all, this isn’t jail.[Read more…]

4. State lawmaker’s failure to disclose business ties highlights broader ethics enforcement problem

State Rep. Holly Grange (R-New Hanover) failed to disclose a business owned and operated by her husband on state Statement of Economic Interest (SEI) forms for several years, according to documents reviewed by Policy Watch.

In North Carolina, public officials are required to disclose connections to all non-publicly owned companies by which they or their immediate family members are employed or in which they have an interest.

Grange’s husband, David Grange, registered his “consulting” business Osprey at Compass Pointe LLC with the state Secretary of State’s office in July 2015. Yet the business did not appear on Grange’s SEI form in 2016, when she was first appointed to a state House seat to replace incumbent Rick Catlin. She ran unopposed for the seat in that year’s election. Rep. Grange also did not list the business on her SEI forms in 2017 or 2018. In February 2018, the business was administratively dissolved by the Secretary of State’s office for failure to file an annual report. [Read more…] Read more

Higher Ed, News

UNC Board of Governors silent on Silent Sam, calls on legislators to pass state budget

In its first full, in-person meeting since its controversial Silent Sam settlement, the UNC Board of Governors made no comment on the issue or the lawsuits and legal actions stemming from it.

Citing pending litigation, board Chairman Randy Ramsey and Interim UNC System President Bill Roper declined all questions on the matter.

Instead, at its Friday meeting, the board took aim at another contentious political issue: the state budget stalemate.

The UNC Board of Governors unanimously passed a resolution urging state lawmakers to pass the currently proposed state budget – the subject of a months’ long stalemate between Gov. Roy Cooper and Republican legislators who have been unable to overturn his budget veto.

The legislature adjourned this week without resolving the budget stalemate, with Senate President Pro Tem Phil Berger saying it’s possible no new state budget will be passed this fiscal year or next.

The board’s resolution lists the ways in which the current budget would be beneficial to the system and the potential harms of continuing without a new budget.

The resolution goes on to say that the proposed budget would provide an approximate four percent raise to faculty and staff over the next two year while the absence of a new budget “hurts UNC System institutions, faculty, students, and the communities we serve, and threatens the ability of the University to serve the citizens of the State and contribute to the economic vitality of North Carolina.”

The board’s resolution “strongly encourages all elected leaders who support and value the world class higher educational systems inNorth Carolina to move swiftly to enact House Bill 966 and approve with the provisions originally included inSenate Bill 354. Further, we call on all boards of trustees to create and approve a concurring resolution as soon as practical.”

Board member Marty Kotis pushed for the resolution — something he said had been discussed during the budget fight but seemed essential with the legislature adjourning without a solution.

Forget Rs and Ds,” Kotis said. “This is about the university system right here. This really isn’t a political issue.”

The resolution does urge lawmakers to pass the budget promoted and passed by Republican lawmakers rather than to compromise and find a solution that would allow the state to expand Medicaid, as Gov. Roy Cooper and Democrats in the General Assembly would prefer. But Kotis said that’s because the proposed budget is very advantageous to the university system and it’s not clear what a different budget would mean for the system.

“This one happens to favor the university system very well,” Kotis said. “But it’s a budget – it’s about spending money and there’s only finite resources. If you don’t pass this and someone else wants something else, things can shift. If it changes and there are other priorities, I’d hate to see that.”

Kotis said he hopes a Democratic Senator will break with with the party and vote with Republicans to overturn the governor’s veto.

I am hopeful there will be one Senator out there that puts the budget over politics and supports the university,” Kotis siad. “Maybe that’s because I’m more of a Maverick and I break ranks every day. But this is important for the university and impacts so many areas throughout the state. There are so many wonderful things for so many areas and so much that will be hurt if we don’t pass it. So I would hope there would be one person.”

Courts & the Law, Defending Democracy, News

A “Raise the Age” breakdown by districts across the state

North Carolina officially implemented Raise the Age legislation Dec. 1, 2019 — the change in law means that most 16- and 17-year-olds no longer have to go through the adult criminal justice system and anyone under the age of 18 no longer goes to adult jail.

The Department of Public Safety’s Juvenile Justice division has been hard at work making sure law enforcement, court staff and stakeholders are updated about how the change is coming along. Part of its implementation process involves keeping close track of the numbers — how many Raise the Age complaints are made, how many juveniles are detained, and at some point, trying to figure out the rate of recidivism.

The first set of numbers associated with the new law was released earlier this month at the Juvenile Jurisdiction Advisory Committee meeting as part of an initial interim report to lawmakers about Raise the Age.

As reported by NC Policy Watch yesterday, so far, the projections the committee made have generally been close to, or a little under, what was expected. It’s a trend Deputy Secretary William Lassiter hopes holds.

The committee projected 1,683 Raise the Age complaints in the month of December – the first month of implementation – but preliminary data shows there were only 407. It was anticipated there would be 60 juveniles detained that first month, and reports show there were 78.

The numbers can and probably will change, after all, investigations are still ongoing. The committee will complete another interim report in May, though, to give lawmakers and the public a more accurate picture of how implementation is taking off.

Check out the table below for a preliminary district breakdown of Raise the Age complaints in December.

Raise the Age complaints by district

The age of juvenile jurisdiction was officially raised as of Dec. 1 to include 16- and 17-year-olds. The following table reflects preliminary data from the month of December in 2019 and shows how many Raise the Age complaints were made to each district in the state. A Raise the Age complaint is defined as complaints received on juveniles ages 16 and 17. The data was provided by the Department of Public Safety's Juvenile Justice division and is current as of Jan. 8, 2020.
District numberNumber of Raise the Age complaints
District 01<5
District 026
District 0312
District 0410
District 05<5
District 06<5
District 0710
District 08<5
District 09<5
District 1024
District 1112
District 12<5
District 13<5
District 149
District 1510
District 166
District 175
District 189
District 1916
District 206
District 215
District 229
District 235
District 24<5
District 25<5
District 2616
District 2716
District 2811
District 2911
District 30<5