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Mercedes Schneider

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Mercedes Schneider is an English teacher at Slidell High School in St. Tammany Parish on the North Shore of Lake Pontchartrain. In recent years, she has emerged as a prolific and vitriolic anti-education reform blogger. Her favorite targets for abuse are the Recovery School District and Common Core. As a result, Mercedes has become a favorite of Diane Ravitch, who often brings attention to Mercedes’ work on her blog.

Click on the link below to read a post I wrote in response to one of Mercedes’ pieces in Huffington Post on Louisiana’s School Performance Scores that was riddled with errors.

Deconstructing Mercedes

The one thing that is clear to anyone who’s attempted to read Mercedes Schneider’s blog is that she’s angry: angry at John Merrow, angry about Common Core, angry about evolution, and angry at Teach For America, along with a whole host of other things. However, she reserves her greatest fury for t…

Pete became involved in education reform as a 2002 Teach For America corps member in New Orleans Public Schools and has worked in various capacities at Teach For America, KIPP, TNTP, and the Recovery School District. As a consultant, he developed teacher evaluation systems and served as a strategic advisor to school district leaders in Cleveland, Nashville, Chattanooga, and Jefferson Parish, Louisiana. He now writes about education policy and politics and lives in New Orleans.

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OPSB

Red Flags Everywhere A review of documents from Smothers Academy raises serious questions about its management practices

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A review of documents from a Jefferson Parish charter operator that applied to run a historic high school in New Orleans has revealed that the organization could be violating state ethics laws and has been flagged for serious deficiencies in its management and accounting practices.

Last month, Orleans Parish School Board (OPSB) officials unveiled a plan to phase out operations at McDonogh #35 Senior High School, the first high school established for African-American students in New Orleans, and reopen the school under a bizarre non-charter private management scheme.

McDonogh #35 got a brand new school facility as part of the district’s rebuilding plan in 2015.

At the same time, the district issued two requests for proposals: one for an organization that would manage the school during the phase-out period, and another for an organization that would restart the school beginning with 9th grade and adding subsequent grades over four years.

Smothers Academy, Inc., the non-profit behind Smothers Academy Preparatory School, an all-boys charter school in Old Jefferson, was the only organization to submit an application to serve as the long-term operator of McDonogh #35.

Smothers Academy was granted a Type 2 charter by the Board of Elementary and Secondary Education (BESE) in 2016, after being denied charters by the Jefferson Parish School Board in 2015 and OPSB in 2013. Damon Smothers, CEO and founder of Smothers Academy, also previously applied to open a charter school in Bakersfield, CA in 2009, but later withdrew that application.

Smothers Academy is one of the few charter schools in Louisiana that uses corporal punishment to discipline students.1 According to a student handbook posted on their website, Smothers Academy administrators use a wooden paddle to met out corporal punishment to students, although parents can opt-out of paddling in writing.

The founding team of Smothers Academy, including Damon Smothers (2nd from left) and Kemic Smothers (at left).

According to its annual school report card from the Louisiana Department of Education, Smothers Academy struggled in its first year. Overall, the school received a “F” grade with less than 10% of students scoring “Mastery” or above or the state standardized tests.

In spite of these challenges, the charter organization believes it is prepared to serve as the long-term operator of McDonogh #35. Their proposal to OPSB outlines a plan to reinstate selective admissions requirements at the school, which the school board dropped following Hurricane Katrina. It also emphasizes the ties that three of the proposed founders – Damon Smothers, Kemic Smothers, and Averil Sanders, Jr. –  have to the school as alumni of McDonogh #35.

Red Flag: Nepotism

However their proposal to OPSB also reveals that Smothers Academy is likely in violation of state ethics laws prohibiting nepotism.

According to the leadership team resumes included with their proposal, as well as information posted on Smothers Academy’s website, CEO Damon Smothers has hired his brother, Kemic Smothers, to serve as the organization’s legal counsel and director of procurement.

Screenshot of Kemic Smothers’ resume listing him as the organization’s attorney and director of procurement.

Louisiana law explicitly prohibits the chief executive or administrative officer of a government agency – which includes charter schools – from hiring an immediate family member to serve in any capacity in that agency. How Smothers Academy has been able to operate for so long with this arrangement is unclear, but it raises serious questions about the trustworthiness of the organization.

Red Flags: A Troubling Audit

Smothers Academy’s proposal to OPSB also claims that they have successfully managed the financial reporting requirements of their current charter in Jefferson Parish, proving that they “are financially viable, [and] have the educational acumen and financial integrity to be the long-term entity to operate McDonogh 35 Senior High School.”

Yet a review of their most recent audited financial statements, covering the 2016-2017 fiscal year, actually surfaced several worrisome findings that undermine their self-declared financial integrity.

The audit, which was conducted by Luther Speight & Company, a local accounting firm, uncovered material weaknesses and significant deficiencies in the organization’s internal controls that presented a “reasonable possibility” that their financial statements were incorrect.

In the most serious of these findings, Smothers Academy was unable to account for $33,480 that was missing from their bank account.

Auditors also discovered that Smothers Academy administrators had spent $9,376 on the organization’s credit card for what appeared to be personal expenses, including alcoholic beverages, which is prohibited by Louisiana law. In addition, school administrators never provided the accountants with credit card statements to validate those purchases.

Moreover, it is questionable whether the school complied with the state’s open meetings laws. Administrators did not provide minutes from the charter’s board meetings and auditors could not find evidence of those meetings on the school’s website. The school subsequently dug up minutes for some, but not all of the board meetings they claimed to have held.

Finally, auditors uncovered a series of problems with Smothers Academy’s payroll and personnel management. In some cases, the amounts paid to employees differed from what they should have been paid. The files of many employees also lacked required documentation. According to the audit, “vital records, such as employment contracts, documentation in change in pay, sick and vacation leave documentation, signed experience verification forms, and background check information were missing from multiple personnel files.”

Time to rethink the plan for McDonogh #35

Taken together, these problems should almost certainly disqualify Smothers Academy from taking over the management of McDonogh #35 over the long term. Furthermore, given the fact that they were only organization to apply to run McDonogh #35, perhaps it is time for OPSB officials to rethink their plan.

From the beginning, the district’s plan to hand over McDonogh #35 to non-charter private management struck many observers as odd to say the least. Some suggested that it was an attempt to reinstate selective admissions criteria at the school. Others claimed that it would give the school more “flexibility” than it would otherwise have under the strict accountability requirements established for charters.

Whatever the motivation, no one was fooled into believing that the plan was anything other than a sneaky way to circumvent the rules and performance expectations that we’ve established for schools in this city.

We’re about to officially reunify the school system for the first time since Hurricane Katrina, a step that has not only demanded planning and coordination, but required that the education community put its trust in those who will lead the unified district going forward. The fact that OPSB officials would pursue such a backhanded scheme for McDonogh #35 has only diminished that sense of trust.

If OPSB’s leaders want to repair their standing among local school leaders and advocates, they should take this opportunity to jettison their plan for McDonogh #35 and commit to either running the school directly under new leadership, or finding a qualified operator to run the school as a charter. Anything else would be a betrayal of the principles guiding the reunification and the students and families that the school system serves.


  1. Actually, I’m unaware of any Louisiana charter schools that use corporal punishment other than Smothers Academy. 
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Charters

Dear Board Members… An Open Letter To The Arkansas State Board Of Education

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On January 15th, I sent a letter to the members of the Arkansas State Board of Education to bring their attention to the troubling revelations about Einstein Charter Schools that have emerged over the past several months.

Last fall, the State Board of Education approved a proposal from Einstein to open a new charter school in Little Rock after Einstein officials assured board members that they would provide transportation to students. This was the same promise they made to the Orleans Parish School Board last year as part of their charter renewal agreement. As we now know, they cannot be be taken at their word.

For some reason, I never received a response from anyone on the board. Therefore, I’ve decided to publish my original letter, which I’ve reproduced in full below.


Dear Board Members,

In September, the Arkansas State Board of Education approved a proposal from Einstein Charter Schools of New Orleans to open a new K-3 school in Little Rock School District. Today, I am writing to urge you to reconsider that decision in light of a series of troubling revelations about Einstein that have emerged here in New Orleans in the intervening months.

On September 19th, just five days after SBOE approved Einstein’s charter application, the Orleans Parish School Board issued an official notice of non-compliance [see notice here] to Einstein’s CEO and board president for failing to provide bus transportation to students as required by the terms of their charter. District officials became aware of this breach-of-contract after a parent reported that Einstein had refused to provide yellow bus service for her two children (5 and 10 years old) and instead offered them public transit tokens. News reports subsequently revealed that Einstein had been refusing to provide bus transportation to dozens of students.

Six weeks later, on November 7th, Einstein was issued another notice of non-compliance [see notice here] by the Orleans Parish School Board for enrolling 26 students outside of OneApp, the city-wide enrollment system that assigns students to New Orleans’ public schools. In fact, the notice indicates that district officials previously investigated enrollment violations at Einstein in 2016 and had told administrators that the charter network needed to implement internal systems and procedures to ensure they were in compliance with the OneApp process.

These are serious violations that undermine the systems we have established to ensure that all children – regardless of race, socio-economic background, or disability status – have fair and equal access to our public schools. Since Hurricane Katrina, all of the city’s open enrollment schools – both charter and traditional – have been required to provide free bus transportation to children in pre-K through sixth grade, no matter where they live in the city. Moreover, the Orleans Parish School Board renewed Einstein’s charter last year on the condition that school provide transportation to its students.

In 2012, district officials launched OneApp to simplify the enrollment process by allowing parents to fill out only one application in which they rank schools in order of preference. These preferences are then fed into an algorithm developed by a Nobel Prize-winning economist, which in turn, assigns students to schools. OneApp ensures that schools cannot engage in so-called “creaming” or turn away students with disabilities. All schools are required to participate in OneApp and all are prohibited from enrolling students outside of the system.

Nevertheless, Einstein’s leaders have responded to the school board’s warnings with outright defiance. As a result, the district is now seeking a court order to force Einstein to comply with the busing requirement. According to The Lens, a local non-profit news outlet, Einstein CEO Shawn Toranto responded to the OneApp non-compliance notice with a letter stating they had “simply accepted children whose parents had chosen one of its schools — a hallmark of the charter movement.” She has also taken to the pages of the New Orleans Advocate in an unconvincing attempt to deflect criticism of the school, as if the rules should not apply to them.

Finally, I want to make something very clear: I am outspoken supporter of charter schools. As a former charter school board member and teacher, I have seen the impact that high-quality charters can have on the lives of children. At the same time, I also firmly believe that charter schools are only successful when they adhere to clear operational and academic standards. Given their blatant disregard for the terms of their charter contracts in New Orleans (and the possibility that they could lose their charter if they continue to defy the district), I would once again urge you to reconsider Einstein’s expansion to Little Rock.

If you would like to read more about Einstein’s charter violations:

Otherwise, thank you for your time and please feel free to reach out to me with any questions you may have.

Sincerely,

Peter C. Cook
New Orleans, LA

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Peter C. Cook
Peter C. Cook @petercook
New Orleans, Louisiana peterccook.com
Education Reformer • New Orleanian • Progressive • Democrat • Proud TFA alum • Check out my new side project: @retortonline
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