The best
protection of the Texas Public Information Act is
enforcement of the Texas Public Information Act.
-
Dianna Pharr
Remember the December 2007 board
meeting? Did Eanes ISD
"settle and resolve the pending
litigation" with Mr. Harper?
Or is the complaint against his
license still pending?
I move that the board authorize and direct the superintendent to settle and resolve the pending litigation with Mr. B. Dan Harper, Docket Number 022-LH-1107, by accepting his letter of resignation and in return by withdrawing the proposal to terminate his contract and withdrawing the pending complaint at TEA and SBEC. I further move that the board authorize the superintendent to negotiate and enter into final settlement documents as necessary.
Please check back for updates on
this issue.
November 1, 2007 -
Eanes ISD should have thrown a big party, publicly thanked Mr. Harper for his 22 years of outstanding service to our district, and congratulated him on his decision to help students in another district who will certainly benefit from his gifts.
Now, Eanes ISD Superintendent and Board should dish up a piece of humble pie, take a huge bite, withdraw the complaint against Dan Harper, and issue a public apology to all those enraged and embarrassed by the district's actions.
December 14, 2007 -
SUNSHINE IS A POWERFUL DISINFECTANT. This issue illuminates the district's practice of retaliation and intimidation, and the power of access to public information. Our community, our parents, students, and teachers stood up against Eanes ISD and demanded the withdrawal of a complaint that should never have been submitted in the first place.
Eanes trustees end fight - December 18, 2007 Austin American Statesman Eanes school district officials have put to rest a controversial decision to seek state sanctions against a former Westlake High School physics teacher. Trustees voted 6-1 Friday to accept a letter of resignation from Dan Harper, who abruptly left before classes started this school year, after more than 20 years with the district, to teach in Austin. The board's decision effectively resolves a complaint with the State Board for Educator Certification and a proposal to terminate Harper's contract. Trustee Robert Durkee cast the dissenting vote. Officials cited several factors in dropping the complaint, including "unnecessary distraction" for faculty and staff and related costs and legal fees. Harper now works as an Advanced Placement teacher at Akins High School and trains Advanced Placement science teachers at some low-performing schools. He said he's relieved that he can focus solely on his students.
Is there a smiling glance between Nola Wellman and Robert Durkee when he casts a dissenting vote against the motion? A discussion confirming his "no" vote is audible as well.
Nola Wellman, Eanes ISD superintendent -
December 14, 2007 Board Meeting
(12/14/07 Photos courtesy of Susan Bushart)
HARPER UPDATE: This morning, December 14, 2007, the Eanes ISD board, after meeting in closed session, returned to open session and approved (except for Robert Durkee) the following motion.
I move that the board authorize and direct the superintendent to settle and resolve the pending litigation with Mr. B. Dan Harper, Docket Number 022-LH-1107, by accepting his letter of resignation and in return by withdrawing the proposal to terminate his contract and withdrawing the pending complaint at TEA and SBEC. I further move that the board authorize the superintendent to negotiate and enter into final settlement documents as necessary.
All board members voted in favor of the motion except Robert Durkee. While this is a big step in the right direction, the language highlighted above appears to make the acceptance of Mr. Harper's resignation and the withdrawal of the complaint against his license contingent on a "settlement document."
QUESTIONS FOR CONSIDERATION:
What is the purpose of the settlement agreement and who will it benefit?
Is it possible Eanes ISD leadership wants Mr. Harper to sign a "Hold Harmless" agreement?
How many more tax dollars will Eanes ISD pay the private attorneys to "advise the district?" Check back for updates.
Stay involved. Post your comments on theStatesman blog. Attend the Eanes ISD school board meeting on Friday, December 14 at 7:30 a.m. Sign the petition at www.freeharper.org or add your name to the circulating petition at WHS. Check this site for updates. Your participation matters.
Community Questions:
How much damage to teacher morale has been done by Eanes ISD leadership? (Check back for audio regarding teacher retention/resignation.)
Is the resolution to the district's complaint really about Mr. Harper's resignation letter ... dotting i's and crossing t's?
Speaking of details, is the SBEC complaint accurate?
How can we stop the retaliation and intimidation of teachers, parents and students by Eanes ISD?
STAND FOR DAN and against retaliation and intimidation of teachers, parents and students by Eanes ISD
"The only thing I can conclude is that, with a couple of exceptions, the board and administration's primary concern in this matter is the exercise and display of their own power. Power over teachers, power over the community. It remains to be seen if that mindset will survive the next elections." - www.freeharper.org commentary
UPDATE Please visit www.freeharper.org to listen to the public forum section of the November 29, 2007 Eanes ISD board meeting where many citizens spoke out to support Dan Harper.
"I think going
full-bore after the
certification was the
goal, and that's exactly what we
heard from our attorney the
consequence could be."
— Board Member Clint Sayers
NOVEMBER 5, 2007 EANES ISD BOARD MEETING
-
Today I attended the
7:30 a.m. Eanes ISD
board meeting. Following
closed session deliberations,
Clint Sayers made a motion to
withdraw the pending SBEC
complaint against Mr. Harper.
Ellen Balthazar seconded the
motion. However, Jim
Strickland, Paul Stone, Gail
King, Mike Monnig and Robert
Durkee voted against
withdrawing the complaint
against Mr. Harper.
Then Ellen
Balthazar made a motion to write
a letter to SBEC asking that Mr.
Harper's license not be revoked
as a sanction. Clint
Sayers remarked that this was a
silly idea. Jim Strickland
confirmed that the board was
well aware that license
revocation was a possible
outcome. Ellen Balthazar's
motion to write a letter to SBEC
passed with all board members
voting yes except PAUL STONE
who voted against writing the
letter to SBEC.
Eanes ISD had
full control over whether or not
to file the complaint against
Mr. Harper's teaching
certification. The board
submitted the complaint with
full knowledge that one possible
outcome could be revocation of
Mr. Harper's teaching license.
Now that the complaint is
submitted, Eanes has no standing
to determine the sanction.
The clear remedy for this
travesty is immediate and full
withdrawal of the complaint.
Two members, Clint Sayers and
Ellen Balthazar, tried to do the
RIGHT THING. In my
opinion, the superintendent (who
recommended the SBEC complaint
in the first place) and the
remaining board members do not
represent the Eanes ISD
community.
1:13:09 The Board discusses and votes on a resolution recommended by Nola Wellman to accept a statement that Dan Harper did not show up for assigned classes and abandoned his job.
October 24, Audio2
35:50 Dan Harper speaks to the board in open forum and points out Westlake principle Linda Rawling’s role in the matter among other juicy details. 39:30 Scott Pass, who once worked at Westlake speaks in favor of Dan Harper and notes that, in light of the Districts’ behavior, his (Pass) interest in returning to Westlake some day is now in question. 1:56:59 onward is Nola Wellman telling the Board that Dan Harper didn’t show up to his assigned job, explaining the punitive process and recommending the action. The vote follows with commentary by the Trustees. Most Trustees fully support the action while trying to pretend it’s a difficult decision. Sayers is the only trustee with backbone who says ”this really isn’t necessary… I vote no.” This segment is the one where you can fully understand the punitive motive of the Boards action.
When you listen to these audio segments and read the corresponding action sheets, it becomes clear that the Board was following the recommendations of Wellman, perhaps blindly, definitely with their own interests in mind.
Eanes School Board should have questioned Wellman’s motives and tried to find a way to facilitate Harpers move to AISD, in the interest of bettering education for ALL Central Texas. They had a golden opportunity. Imagine the headline “Rich District Lets Star Teacher Out of His Contract to Work With Underperforming Schools”. Unfortunately, the board chose a different path. What a shame, Eanes. You blew it. You deserve the negative PR you have invited.
Eanes ISD----------
Forwarded message
----------
From: Marty Parker
Date: Nov 1, 2007 5:59
PM
Subject: Withdraw
Complaint Against Dan
Harper
To:
supt@eanes.k12.tx.us,
trustees@eanes.k12.tx.us
Dear Superintendent Nola
Wellman and Eanes ISD
Trustees,
As a former Eanes
resident and taxpayer, I
am shocked at your
ethics complaint against
Dan Harper. With the
exception of Mr. Sayers,
the rest of you should
be ashamed of
yourselves. (I knew one
of you at my former
church and am just
amazed that you could
engage in this punitive
behavior.) This in no
way was about
"protecting the
district". Protecting
the district from what?
Hordes of Eanes teachers
going to low-income
schools at the last
minute?
No matter what you may
say, no matter what you
would like the public to
think, this is about
retaliation and
intimidation, pure and
simple. I'm sure you
knew that filing the
complaint could very
likely result in
suspension of Dan
Harper's teaching
certificate for up to 2
years. (Board members,
if any of you did not
realize that, you need
to have a frank
discussion with
Superintendent Wellman
about withholding
relevant information
from you.) And since
when is not coming to
work 3 weeks AFTER
resigning in writing
considered abandonment?
The very idea of your
even insinuating that
Mr. Harper abandoned his
students!.
Do you expect us to
believe Eanes never
hired a teacher from
another district after
the 45-day deadline?
After all, ethics
doesn't apply only on
the part of the
teachers. Did Eanes "do
the right thing" when it
hired Alan Veach away
from Akins HS? Or when
Scott Pass was hired
away from Taylor ISD 3
days before school
started. This last
minute shuffling and
reshuffling goes on all
the time. Really, just
what would have been the
harm in letting Mr.
Harper go to Akins with
your blessing and your
extreme gratitude for
his 22 years of
service? Rather than
filing a complaint, you
should have been
planning a going-away
party for him. I'm sure
many former students
and parents and teachers
would have joined you in
wishing him all the
best.
My daughter, a former
Eanes student, is now a
math teacher at Akins.
Those disadvantaged
children need someone of
Dan Harper's caliber
much more than the Eanes
children do. Although
you cannot retroactively
eliminate the stress and
worry you frivolously
have caused Dan Harper,
you do have the
opportunity to do the
morally right thing now,
albeit belatedly, and
withdraw the ethics
complaint.
Thank you for your
consideration,
Martha A. Parker
Austin, TX
November 2, 2007
To: Nola Wellman, Eanes ISD Superintendent
Eanes ISD Board of Trustees
Many friends and community members have contacted me this week by email and phone expressing their anger and shock at the district’s actions against Dan Harper. While I share their outrage, I am not surprised.
How ironic that you recently attempted to herald Eanes ISD as a model to the E3 Alliance and its noble effort to close the education gap in Central Texas.
How ironic that the Eanes ISD 2007-2008 District Goals were recently released including this one: Community Engagement.
I join many others in requesting the immediate and complete withdrawal of the complaint submitted by Eanes ISD against Dan Harper.
Dianna Pharr
From State Board of Educator Certification Frequently Asked Questions
4. It's 15 days before school starts, and I have been offered a position with another school district. Is there any way that I can resign under my current contract without risking my certification?
Yes. According to the Texas Education Code, an educator employed under a contract may resign with the consent of the school district's board of trustees or the board's designee at any time.
THE COMMUNITY IS ASKING ...
1. Why did the Eanes ISD leadership need to officially "terminate" Dan Harper? To ensure that Eanes ISD could pursue sanctions?
Clint Sayers, the ONLY board member to oppose the October 24 board action to "terminate" Mr. Harper, explained (during the board meeting discussion) that the "termination" was "unnecessary". Apparently, the recent board motions were necessary only as a step to allow the district to submit a formal complaint against Mr. Harper's teaching certification. Nola Wellman described the board actions related to Mr. Harper as a "multi-step process." Apparently, in order to submit a complaint against Mr. Harper, the district first had to find that he did not have "good cause" to resign -see (1) below. Perhaps the district had to formally "terminate" Mr. Harper or formally "separate" him from "employment" - see (2) below. Both prongs of the regulations below had to be satisfied so that Eanes ISD could submit a complaint to SBEC.
According to Texas Administrative Code, Rule §249.14
(f) The TEA staff shall not pursue sanctions against an educator who is alleged to have abandoned his or her contract in violation of the Texas Education Code (TEC), §§21.105(c), 21.160(c), or 21.210(c), unless the board of trustees of the employing school district:
(1) renders a finding that good cause did not exist under the TEC, §§21.105(c)(2), 21.160(c)(2), or 21.210(c)(2); and
(2) submits a written complaint to the TEA staff within 30 calendar days after the educator separates from employment.
NOTE: Further, it appears that school district are "required" to submit a complaint against an educator only when criminal activity is involved such as "sexual or physical abuse of a student" or "indecent exposure" or "theft" or "deadly conduct" for example. Click here to review applicable laws.Submitting an SBEC complaint, unless criminal in nature, is a discretionary action.
2. Was Eanes ISD "required" to submit this complaint? (See Nola Wellman's use of the word "requirement" in her response letter posted on this site. )
According to Texas Administrative Code, Rule §249.55
The parties are encouraged to pursue and these rules do not preclude informal disposition of any of the matters brought pursuant to this subchapter. The parties are responsible for arranging and paying the cost of any mediation or other type of alternative dispute resolution.
3. Can Eanes ISD withdraw the complaint? (It appears that not only can Eanes withdraw the complaint, there was no "requirement" to submit it in the first place.)
According to Texas Administrative Code, Rule §249.49, Section (d) (1)
(d) The superintendent or president of the board of trustees notified under subsection (c) of this section shall have 45 calendar days after receiving written notice of the complaint in which to resolve the complainant's allegations before the TEA staff acts on the complaint. The TEA staff shall suspend its review of a complaint under this subchapter until the earlier of:
According to Texas Administrative Code, Rule §249.53
If a complaint is filed solely to harass, to intimidate, to unduly burden, or to otherwise oppress an educator, it may be a Frivolous Complaint with penalties under state law.
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Now, Eanes ISD Superintendent and Board should dish up a piece of humble pie, take a huge bite, withdraw the complaint against Dan Harper, and issue a public apology to all those enraged and embarrassed by the district's actions.
STAND FOR DAN and against retaliation and intimidation of teachers, parents and students by Eanes ISD
SUNSHINE IS A POWERFUL DISINFECTANT. This issue illuminates the district's practice of retaliation and intimidation, and the power of access to public information. Our community, our parents, students, and teachers stood up against Eanes ISD and demanded the withdrawal of a complaint that should never have been submitted in the first place.
AUDIO FROM AAS BLOG ENTRY
October 31, 2007 12:11 PM | Link to this
The Eanes School Board has audio of their meetings posted. Listen for yourself. I located the time frames. http://eanesisd.tx.schoolwebpages.com/education/components/scrapbook/default.php?sectiondetailid=1529
Sept 26th, Audio2
1:13:09 The Board discusses and votes on a resolution recommended by Nola Wellman to accept a statement that Dan Harper did not show up for assigned classes and abandoned his job.
October 24, Audio2
35:50 Dan Harper speaks to the board in open forum and points out Westlake principle Linda Rawling’s role in the matter among other juicy details. 39:30 Scott Pass, who once worked at Westlake speaks in favor of Dan Harper and notes that, in light of the Districts’ behavior, his (Pass) interest in returning to Westlake some day is now in question. 1:56:59 onward is Nola Wellman telling the Board that Dan Harper didn’t show up to his assigned job, explaining the punitive process and recommending the action. The vote follows with commentary by the Trustees. Most Trustees fully support the action while trying to pretend it’s a difficult decision. Sayers is the only trustee with backbone who says ”this really isn’t necessary… I vote no.” This segment is the one where you can fully understand the punitive motive of the Boards action.
When you listen to these audio segments and read the corresponding action sheets, it becomes clear that the Board was following the recommendations of Wellman, perhaps blindly, definitely with their own interests in mind.
Eanes School Board should have questioned Wellman’s motives and tried to find a way to facilitate Harpers move to AISD, in the interest of bettering education for ALL Central Texas. They had a golden opportunity. Imagine the headline “Rich District Lets Star Teacher Out of His Contract to Work With Underperforming Schools”. Unfortunately, the board chose a different path. What a shame, Eanes. You blew it. You deserve the negative PR you have invited.