Big Jolly Politics

politics in Harris County and Texas

Pearl Harbor Day 80 Years Later

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Eighty years ago the Imperial Japanese Navy initiated war by attacking Pearl Harbor. We need to stop and remember the horror of the date that will live in infamy and the struggle that followed.  Take time to pause the manufactured chaos and division and remember what binds us together as a nation is at risk by those who foment the divisions among us, largely for personal profit or power.
We also need to remember how we came together as a nation to face our enemy.
Today we stop and remember Pearl Harbor.  Tomorrow, we forget and carry on like normal.  Therein lies the danger.  Society isn’t too far removed from the mindset the Japanese had in 1941.  Media is, with a few exceptions, a propaganda outlet and no longer interested in seeking out the truth and serving the public good or bound by at least some semblance of journalistic integrity.  We are at a point where Dan Rather retiring sixteen years ago seems like an act of journalistic virtue.  Are we really at a point where Dan Rather’s thinly veiled propaganda and behavior is an example of virtue?  Sadly, yes.  That’s a sign of how far media ethics have eroded to the point of nonexistence.
Just as dangerously, elements of society believe they have the right to engage in violence as a form of protest.  This isn’t the Civil Rights era peaceful protest.  This is a fundamental belief that they have been systemically wronged and are justified to use violent protest as recourse.  Just as dangerous are those who explicitly or implicitly support the violence and call to defund the police.  We are now in a society where violence is allowed and defended, and as a result we see cascading consequences.
All but the extreme ends of both sides of the political spectrum have some common ground from which we can start to tackle the problems impacting society. We have areas of true and unreconcilable differences, but by working together on the areas where we agree we build the bonds of goodwill and inch by inch return society to a point where we can disagree without being disagreeable.  We need to remember Pearl Harbor, but we also need to remember who we are as a nation and return to sensibilities that do not tolerate threat to individual freedom.

Why I Didn’t Endorse Kendall Baker

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On November 3 I was out of the election for Houston ISD. It was my intention to simply sit out the runoff. Other than a statement thanking my supporters and answering questions sent to my I didn’t say anything until Kendall’s campaign started altering images to look like he had community support when it was just stock photos. We deserve better than that. After Kendall saw fit to attack/disparage me on the Freedom Matters Action Group video this weekend I’m going to take the time to explain why I didn’t endorse him.

When I first filed for election I had planned on endorsing Kendall if I didn’t make the runoff. As a matter of due diligence I did extensive opposition research on both my opponents. The research revealed very disturbing information on Kendall. During the campaign I sat on the information for a couple of different reasons. First, as is my wont I tried to run a positive campaign with a big-tent philosophy. The party is strong when we welcome all like minded individuals, and weakened by RINO allegations. Second, I didn’t want to release this information because it could have hurt Bridget and Caroline in their campaigns. I also didn’t communicate with Cindy since she is HCRP Chair and appointed Kendall as sergeant-at-arms. I wanted to make sure to do no harm.

I’m aware that some of the opposition research has been released in the runoff. Not by my hand, but I see it following the race. Rather than address it in the manner it was released, here’s an organized review of what I found. Once you see what’s out there hopefully it is clear why I didn’t endorse him.

From the outset let me be clear: I’m not seeking to do harm with this post. If I was intending on causing Kendall or HCRP harm I would have emailed this information to Cindy and given her 10 days to act before going public with this information. I didn’t do so because it’s not my nature to do harm, and I didn’t want to hurt Bridget or Caroline in their races given the high likelihood this could be used as a blunt force attack against all Republican candidates. However, since he didn’t respect my decision to stay out of the runoff and brought me up in the video this weekend I’m going to set the record straight:

I didn’t endorse him because of the weight of the disturbing evidence I found in my opposition research.

Suit Against the City

I’m not going to rehash the allegations of sexual harassment that caused his indefinite suspension from the City. Rather, his claim that he sued the City and won is what’s important to address. He has produced a finding from an unemployment claim that went his way to support his allegation he sued the City and won. However, he did sue the City of Houston regarding the incident in the Southern District of Texas District Court. Don’t take my word for it. Look up the information yourself the cause of action is Civil Action No. 4:16-CV-03100.

In his suit against the City he did not prevail with the Court finding he provided insufficient evidence to substantiate his claim. However, that’s not what’s concerning about his suit against the City. The Court noted, “Baker makes one statement that “females and white workers have their claims of sexual harassment taken serious [sic]”.

HISD is already beset with racial tensions. This type of mentality is not something that will help reduce the racial tensions in the district. Just at troubling, this defeat in the courts shows that he is willing to misrepresent the occurrences surrounding his actions against the City following his termination. If he wanted to say I contested the firing and the unemployment commission found for me, great. That’s what happened. Rather, he is saying he sued the City and won, when his case was dismissed on the City’s Motion to Dismiss. He knows this, but misrepresents what happened. Both the racial elements of his suit and the willingness to misrepresent what happened raised significant concern.

However, that was a long time ago. Everyone deserves a chance to show what happened was a one off, or that the alleged behavior is remote and they have changed their ways. Looking at current happenings raises different areas of concern.

2D Consulting Fraud Judgment

Looking at his 30 day campaign finance report raised suspicions. Specifically he had an inordinate amount of debt incurred to his campaign consulting company. This raised suspicion, so I plugged their name into the Harris County District Court as defendant. It came up with a hit for the company in a fraud case. Again, don’t just take my word for it. Look it up, the case number is: 202026601.

The Court has listed the case type as fraud. After a bench trial the Court found in place of the plaintiffs against all parties including 2D Development LLC. Since 2D Development is a business I went to the Secretary of State and looked up who the directors are, and it shows that James Dunn, his campaign treasurer is a director of 2D Development. So now we have a fraud judgment against the campaign consulting company, and the campaign treasurer who is the de facto campaign manager, as director of the entity with a fraud judgment.

Now, we have both the misrepresentation regarding what happened after his termination by the city as well as using a consulting company with a fraud judgment. That’s now both remote and recent activities showing some level of dishonesty. The altering stock photograph suddenly doesn’t seem nearly as surprising. With both remote and recent questionable judgment it creates more concern. However, that wasn’t enough to keep me from endorsing. The circumstances surrounding his divorce are especially disturbing and why I didn’t endorse him.

Withholding his 19 Month old Daughter and Writ of Attachment Application

People get divorced. It happens. I don’t hold that against anyone, and it should not be fair game for judging a person’s character. However, looking at the court records for the divorce revealed very disturbing information. Again, don’t just take my word for it. Look up the information yourself; the cause number is: 201731542. The divorce has numerous documents. What concerns me is the Counter Petitioner’s Supporting Affidavit. The Court Reporter’s Exhibit List shows pictures as an exhibit, so I went back and looked for an associated file, and found cause number 201731542A. Here’s where things get disturbing. In this case, there is a handwritten affidavit that is slightly different from the typed affidavit in the main divorce action.

This hand written affidavit makes very specific allegations of things that can only be described as temper control issues and constitute domestic abuse. Go read it yourself. The document called Exhibit A is pictures submitted in support of the affidavit. Unfortunately, they suffer from the technological limitations of the court system and are of poor quality. However, even with the poor quality making some of the pictures incomprehensible the ones that can be seen do show photographic evidence of some of what’s alleged in the affidavit. The specific allegations regarding damage to the dwelling are supported by the pictures.  I could be more descriptive, but everyone should go and see the pictures for themselves and make their own judgment.

Now, and I want to be clear here, I do not believe the allegations in the typed affidavit that are not present in the written affidavit. The new allegations in the typed allegations are the type that could be proved by photographic evidence (or medical records) and no such evidence is presented. As such, I do not believe the allegations in the typed affidavit that are missing in the written affidavit. They may be true. However, I am only willing to believe allegations supported by evidence.

It’s unfortunate that what the affidavit calls exhibit B is not found. The allegedly recorded call would be very interesting to hear to see if the allegation of verbal abuse is supported. However, I’m prone to believe that some questionable behavior existed since a call was recorded and submitted as evidence to the court. With Exhibit A supporting some of the allegations in the hand written affidavit it seem reasonable that the evidence submitted in Exhibit B lends some more support to the allegations. To me this is credible evidence of domestic abuse.

Endorse or Not Endorse

With both remote and recent evidence of misrepresenting the truth and what is, to me, credible allegations of domestic abuse based on photographic support it was an easy decision not to endorse. As mentioned earlier, I intentionally did not release this information during the campaign. With him holding an appointed position in Harris County Republican Party this is something that could have blown up and hurt every Republican candidate on the ballot.

Again, I wasn’t going to say anything and continue to sit on this information until the election was over. However, after he decided to bring me up in the Freedom Matters Action Group I’m setting the record straight. I’m not a RINO, and not refusing to endorse because of differing views or an attempt to harm him.

As noted at the beginning of this post if I was out to do harm, I would have emailed all of this to Cindy early in the campaign and given her 10 days to act before publicizing the information. My intention never is to do harm, and that’s why I refuse to write hit pieces here even though I’ve been asked to do so. However, I am going to defend my good name. While I don’t like disclosing this information I also believe in setting the record straight, especially in light that I’ve been sitting on this information and not involved in the runoff.

What’s Next?

I neither know nor want to know what’s been going on in the background. I see some of the opposition research has made its way into the public, and so am addressing those points. I have more information and documentation in support of the information, but since it hasn’t made its way into the public I’m not going to expose the information. Again, my intention is to set the record straight on why I didn’t endorse and answer the cry of RINO rather than do harm. I wish he had respected my decision to stay out of the race and not interject me back into the discussion. No one benefits when politics gets ugly.

Now that this information is out everyone who has endorsed Kendall has a decision to make. Will they continue to endorse him, or will they retract their endorsement.

Rittenhouse Verdict – We Were Never Going to Have Healing

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In the Kyle Rittenhouse case three outcomes were possible, two of which served justice, and one of which did not.  The jury could have either returned a guilty verdict on at least one count, not guilty on all counts, or at least one guilty verdict followed by the judge granting the defense’s motion for a mistrial.  The first two outcomes serve justice, while the third would not have.  Kyle Rittenhouse has been found not guilty on all charges by a jury of his peers.  Already people are denying justice occurred.

Both a guilty and a not guilty verdict could have been supported by the evidence.  Beyond the fact pattern difficulty with the prosecution’s case they had self inflicted wounds, such as opening the door to allowing mental illness evidence that otherwise would have been excluded by the judge’s ruling.  This leads us to the a fundamental question. What is justice?

Justice is getting one’s due. Both the victims and the defendant deserve justice in a criminal proceeding.  The victims are the individuals who were shot no more, no less.  The only issue decided in a criminal proceeding is whether a crime occurred.  Had the judge declared a mistrial after a guilty verdict justice would not have occurred.  Having a trial and bringing the issue to the jury gives justice from a criminal law perspective.  That occurred, and the verdict isn’t unreasonable given the facts and the prosecution’s self inflicted wounds.  The victims in this case received justice.

Jacob Blake has absolutely nothing to do with the Kyle Rittenhouse trial.  Rittenhouse was on trial for his actions; not anything to do with what happened to Jacob Blake.  To try and use this trial as a proxy for racial tensions is entirely inappropriate.  The overall environment in which the shootings at issue in this trial occurred is irrelevant to the issue the jury had to decide.  Defendants are not guilty until their guilt is proven beyond a reasonable doubt.  Just as importantly, all defendants are on trial for their actions.  To bring in Jacob Blake and use this trial as a proxy for race relations is to deny Kyle Rittenhouse justice.

The cries that justice did not occur are rooted in the cry for social justice.  Arguing social justice demands a conviction in a tangential matter is a threat to the criminal justice system and should be universally condemned in the strongest terms possible.    We cannot let our fundamental principles of criminal jurisprudence fall to the cry for social justice.

We never were going to have healing with this trial. The intentional marrying of this issue to an overall social justice cry ensured civil disquiet would become worse regardless of the verdict.  However, this isn’t just a national issue.  Here in Harris County we have an analogous disquiet brewing regarding defendants out on felony bail.  While we rightly condemn the number of individuals out on felony bond and the subsequent crimes they commit we must remember they, too, need to be held accountable solely for their specific actions and not fall to a cry for social justice against repeat offenders.  The use of social justice as a consideration in a criminal trial leaves us all worse off.

Log Cabin Republican Holiday Soiree – Chadwick Moore Guest Speaker

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This is a press release by the Log Cabin Republicans.

The Log Cabin Republicans of Houston are pleased to host an evening with dynamic conservative activist, Chadwick Moore, at their holiday gathering December 8, 2021. Chadwick is the editor-in-chief of OUTspoken, a Spectator columnist and contributing editor, has appeared on Fox News, NPR and other news outlets, and is a popular speaker nationally. As a former Socialist he provides a fresh vision of modern conservativism in America. Tickets for this event are available at www.LogCabinHouston.org/calendar.

Log Cabin Republicans is the nation’s original and largest organization representing gay conservatives and allies who support fairness, freedom, and equality for all Americans. Log Cabin Republicans has state and local chapters nationwide, full-time staff in Washington, DC, a federal political action committee, and state political action committees.  Log Cabin Republicans of Houston strives to be an advocate for legal and political equality for all Houstonians, regardless of sexual orientation or status, under the framework of the Republican principles of limited government, individual liberty, and personal responsibility.

55,848 defendants are out on felony bond from Harris County courts

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Back in March I wrote about the number of people Harris County courts had let out on felony bond. The district attorney’s office was kind enough to update those figures under another Public Information Act request.  This post looks at how the bond situation has changed in the past eight months.

By way of reminder, here is what the Texas Penal Code states the factors to consider are in determining bond:

Art. 17.15. RULES FOR FIXING AMOUNT OF BAIL.  The amount of bail to be required in any case is to be regulated by the court, judge, magistrate or officer taking the bail;  they are to be governed in the exercise of this discretion by the Constitution and by the following rules:

  1. The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with.
  2. The power to require bail is not to be so used as to make it an instrument of oppression.
  3. The nature of the offense and the circumstances under which it was committed are to be considered.
  4. The ability to make bail is to be regarded, and proof may be taken upon this point.
  5. The future safety of a victim of the alleged offense and the community shall be considered.

So how have things changed?

To begin with, we now have 55,848 felony defendants out on bond (as of November 4, 2021) compared to 53,830 back in March, an increase of 3%.  No discernible pattern could be detected regarding the type of crime that was being given bond.  However, looking at the number of defendants out on bond by court revealed some striking data.

Looking at offenses shows not much has changed in the past eight months.  It’s noteworthy the number of defendants out for murder/capitol murder is increasing by just under 2 per week (66 defendants in 35 weeks.)  The number of defendants out on felony bond for prostitution has risen significantly, and likely is an artifact of the change in the state law and initiative by Councilman Pollard and Commissioner Ramsey dealing with the Bissonnet track.  I office in the middle of the track, and it does seem like “business” along the track has ticked down.

Consolidated list of crimes: March/November  +/- difference

Animal Cruelty 189/186 -3
Arson 84/79 -5
Assault 15290/14387 -903
Auto Theft 861/744 -117
Burglary 1938/1778 -160
Capital Murder 76/87 +11
Child Abandon/Endanger 276/282 +6
Child Pornography 63/74 +11
Controlled Substance (excluding marijuana) 7204/6566 -638
Criminal Mischief 1505/1666 +161
Deadly Conduct 131/186 +55
DWI 15186/15512 +326
DWLI/DWLS 263/108 -155
Environmental 137/146 +9
Ex parte 4/2 -2
Failure to ID 504/548 +44
Firearm 3776/4415 +639
Fraud 1594/1458 -136
Gambling 102/55 -47
Human Trafficking 187/172 -15
Interfering/Obstruction/Resisting/Evading 4034/3644 -392
Kidnapping 92/102 +10
Liquor 49/59 +10
Manslaughter 122/142 +20
Marijuana 316/389 +82
Money Laundering 94/90 -4
Motor Vehicle – Intox Assault 89/93 +4
Motor Vehicle – Non-DUI 1762/2408 +646
Murder 256/311 +55
Organized Crime 330/314 -16
Other 1605/1663 +58
Prostitution 413/611 +198
Retaliation 405/420 +15
Robbery 1570/1544 -26
Sexual Assault 1451/1635 +184
Solicit/Conspiracy 3/7 +4
Stalking/Harrassment/Threat-FV 1860/2018 +158
Theft 3842/3776 -66
Trespass 745/910 +165
Violation of Protective Order 642/844 +202
Weapon 907/936 +29

Looking at the number of defendants out on bond by court shows significant outliers both up and down.  Note: I’m not displaying data for the 482 since it was not available back in March.  The following courts had statistically significant increases in the number of defendants out on bond:

Court at Law: 3, 10, 13, 16 – with the 16th having a whopping 22% increase.

District Court: 179, 232, 337, 338.

The following courts had a statistically significant decrease in defendants out on bond:

Court at Law: 7

District Court: 174, 178, 184, 209 with the 178 and 184 both seeing a greater than 20% decrease in the number of defendants out on bond.

Court at Law

001         2662/2841           +179      +6%

002         2605/2659           +54        +2%

003         1558/1771           +213      +13%

004         2583/2559           -24          -1%

005         2012/2196           +184      +9%

006         2507/2545           +38         +1%

007         2162/1867           -295       -14%

008         2697/2666           -31          -1%

009         2258/2316           +58         +2%

010         2216/2620           +404      +18%

011         2643/2735           +92         +3%

012         2368/2723           +355      +3%

013         2575/2851           +276      +10%

014         1733/1870           +137      +7%

015         2281/2326           +45         +2%

016         2384/2908           +524      +22%

District Court

174         1928/1605           -323       -17%

176         1352/1259           -93          -7%

177         973/909                -64          -7%

178         1388/1069           -319       -23%

179         1775/2078           +303      +17%

180         1997/2115           +118      +5%

182         1566/1487           -79          -6%

183         1298/1212           -86          -7%

184         1424/1018           -406       -29%

185         2064/2125           +61         +2%

208         1847/1681           -166       -9%

209         1521/1333           -188       -13%

228         1750/1672           -78          -5%

230         1930/1764           -166       -9%

232         2028/2232           +204      +10%

248         1919/1899           -20          -3%

262         2130/2037           -93          -5%

263         1634/1594           -40          -3%

337         1150/1321           171         +14%

338         2039/2255           216         +10%

339         2194/2058           -136       -7%

351         2163/2136           -27          -2%

It is troubling that the fifth prong in the factors to be considered when assigning bail, “The future safety of a victim of the alleged offense and the community shall be considered.” appears to not be given much weight by the courts.  We have just shy of 2 defendants per week who are alleged to have committed murder make bond.  Violations of protective orders and other family violence offenses are also being released at an alarming rate of a tick over 10 per week (combined 360 in 35 weeks.)

We are almost in the primary season, and it’s time we take a hard look at the criminal judges up for election and our candidates who want to replace them.  I will update these figures again when it’s close to the primary election.

Why I’m Running for HISD Board of Trustees Position VI

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Some here already know I am running for HISD Board of Trustees Position VI.  This post explains why I am running, and how the race is one with a realistic path to victory.  Houston ISD is currently a failing district.  A short list of the most pressing problems the district has is:

The district is under threat of Texas Education Agency takeover from both a sustained history of failure as well as a consequence for the walking quorum with the whole interim superintendent fiasco.

Taxes are at the maximum allowable level.

The district has run a budget deficit for the past five years.

The special education program is in conservatorship status.

60% of the students read below minimum competency level.

This isn’t an exhaustive list.  That would be more than anyone can digest in a single setting.

This is an especially long post.  A significant amount of the information here, in a less fleshed out form can be found on my campaign web page https://degeyterforhisd.com .

Stopping Critical Race Theory and 1619 Project is a Threshold Question

You probably noticed that Critical Race theory and the associated 1619 project were not listed as problems in the district.  That’s because anyone who claims to be a republican should be opposed to these two issues.   I am firmly opposed to CRT and 1619 project in public schools.  However, the state legislature passed House Bill 3979 prohibiting teaching these issues in schools.  Let me be clear – stopping critical race theory is a threshold question, not a ranking question.  If someone doesn’t oppose critical race theory they shouldn’t be labeling themselves a conservative.  This race is about what else does a candidate bring to the table.

Opposing Common Core

I’m the only candidate in the race that opposes common core. The IVoterGuide questionnaire lists the distinct difference between me and my opponents. (HISD district VI is about 80% down the page.)  Common core is the source of the new math that students are being taught.  This is number theory rather than arithmetic.  However, common core isn’t just a problem with math.  In the English and Language Arts section one of the areas to be taught is “global citizenship.” (See the link below.)  Common core is just as much a threat to indoctrinate our children as critical race theory.  I’m the only one in this race that’s opposed to common core.

https://education.vermont.gov/student-learning/content-areas/language-arts

Bringing Solutions to the Table

However, to be an effective board member a candidate cannot simply oppose bad ideas.  A good candidate also brings solutions to the table.  A good candidate has to be able to explain how they are going to be able to solve problems and leave everyone better off.  This is where I am distinctly different than my opponents.  I not only want to cut taxes, but have common since, actionable plans on how to actually cut taxes.  I’m the only candidate with a plan to bring extra money into the district without involving taxes. I’m the only candidate with a plan to get the special needs program out of conservatorship status.

Budget Deficit & Tax Cuts

The M&O tax rate is at the highest allowable rate allowed by law.  Not only does this raise red flags in the presence of sustained budget deficits, but this is bad public policy.  What happens if there’s a significant shock to the local area that means the district needs a transient increase in revenue to account for the situation?  We just experienced Hurricane Nicholas, and we got lucky.  What if it was Alicia?

The risk isn’t so much the physical damage, but the change to attendance.  When Rita and to a more pronounced measure Ike caused devastation back home many people simply didn’t return.  They were able to find similar work where they evacuated and simply stayed.  This caused a drop in attendance and in turn a drop in the revenue from the state.

The district budget is $2.2 billion, so the budget deficit, while problematic, isn’t a significant amount of the budget in terms of a percent of the budget.  The problem is even easier to address than it seems at first glance since the deficit is reported as a combination of the M&O and I&S deficit.  If we address each area separately the budget deficit can be addressed and tax cuts realized without inflicting pain on the district.

I&S Deficit

Voters approved a HISD bond back in 2012. Municipal bond rates have significantly dropped between 2012 and now (https://www.munibondadvisor.com/market.htm) which affords an opportunity for HISD to refinance the bonds to achieve cost savings. Additionally, refinancing the bonds via a new bond issuance gives the district to address the criticisms the outside audit identified with the last bond issuance.

The district has run a budget deficit for six budget years now, counting this budget cycle. The debt service has been in deficit for all six years. In the three most current budgets the debt service figures are as follows:

Year                Interest            Deficit

2019-20           139.2 MM       52.7 MM

2020-21           127.1 MM       48.1 MM

2021-22           122.7 MM       26.3 MM

The average municipal bond interest rate in 2012 was a tick under 3.75% and was 2.26% on September 30th. For simplicity’s sake let’s use 3.75 and 2.25 which is a 40% reduction in bond interest rate. Using this 40% reduction would have realized the following savings and deficit on the three most current budgets as follows:

Year                Interest            Deficit

2019-20           83.5 MM         3.0 MM surplus

2020-21           76.2 MM         2.8 MM surplus

2021-22           73.6 MM         22.8 MM surplus

This simple action changes the I&S portion of the budget from deficit to surplus, without extending the life of the bonds.  I’m simply talking about refinancing the bonds at the new lower current rates.

This is more important than it seems at first glance.  In her interview with Off the Kuff trustee Deigaard indicated a belief that it was time to start considering new bonds.  Trustee Guidry went one step farther and indicated support for a new bond.  With two votes already present for a new bond we are well on the way to having another bond issue being formulated.  Refinancing the current bonds gives options to explore without issuing a new bond.

M&O Deficit

The M&O deficit can also be addressed without causing pain to the district.  While the 2021-2022 budget was in horrible deficit to the tune of 105 million, the two budgets prior were 20 million and 19 million M&O deficit.  This can be addressed by starting with a zero based budget – every department must justify a budget rather than starting from last year’s budget.  Additionally, addressing the special education issues will increase district funding (more on this later.)  The combination of zero based budgets as well as increasing income to the district from appropriately addressing the special education services will bring the M&O into surplus status.  Once surplus has been achieved tax cuts need to follow.

Special Education Conservatorship

The special education program is in conservatorship status.  This is especially important in this race because the incumbent is on the special education committee and cites that as one of the reasons why she should be reelected.  The program is not in good shape, and the sad part is the problems are correctable with a little bit of planning and forethought.

The Texas Education Code Chapter 48.102 grants multipliers to funding for educating the special education population.  The district is already in conservatorship status for not appropriately identifying students who are in need of special education services.  Appropriately identifying and assisting the students brings extra income into the district while addressing the conservatorship issues.  It helps both the district and the student.

The special education population also presents a second way to both better serve the students as well as improve the district’s finances.  The district is required to provide services to the special education population through their IEP.  The district needs to switch to a Medicaid fee for service model in order to charge Medicaid for services they give to the special education population.  The School Health and Related Services program allows school districts to charge Medicaid for services given to special education students via their IEP.  The district has approximately 200,000 students and a 7% special education population.  That’s around 15,000 students.  That’s a significant amount of money being left on the table.

Not every student is receiving Medicaid.  However, some of these students are simply from a lack of utilizing the programs available, namely the Medicaid Buy In for Children program.  Texas has favorable laws for disabled children.  If the family income is all earned income a disabled child is Medicaid eligible if the family income is up to 300% of the poverty line.  This is an area my nonprofit deals with.  It’s something that is very simple to process and I already have contacts in HHSC to deal with a potential influx of applications.  This also can be done a minimal to no cost for the district since HHSC has programs to pay for the screening for Medicaid eligibility.  This is simply a matter of political will to take advantage of the programs that will help both the students as well as the district.

Outside of the financial benefit to the district from appropriately identifying and serving the special needs community taking common sense steps to address special education needs helps get the district out of conservatorship status.  Covid has caused student decline, and the district needs to be proactive with makeup services.  This is where getting students back on campus and the fee for service model comes into play.  Having the students on campus makes makeup services administered in a more efficient manner.  The makeup services also creates extra income in the fee for service model which funds the makeup services.  This is a simple, common sense action that can be taken to bring HISD to the fore in planning and administering makeup services.

The second area of concern is the identification of eligible students.  Again, the tools are already in place to assess if students need assistance.  As a simple screening threshold measure look for areas of poor performance on standardized testing that is administered.  Not global poor functioning, though, but look for students who have an area of deficiency in one area relative to the other areas tested.  This is a screening measure that piggybacks on preexisting requirements.  Identifying students who have relative areas of weakness on standardized testing is a minimal cost method of identifying students who need help and addresses some of the concerns that landed the district in conservatorship status.

Gifted and Talented

Special education isn’t just the special needs population.  The gifted and talented students also receive a multiplier.  HISD needs to make sure that these students stay in the HISD system.  This last session the state legislature changed the law to allow community colleges to offer four year programs.  This creates an opportunity for HISD and Houston Community College to collaborate to help the gifted and talented students.  HCC already has an established dual credit program where students take college level courses while attending high school.  HISD needs to actively reach out and partner with HCC to expand the program offerings.  The students are already present and the instruction cost is already incurred by HISD.  Expanding the dual credit offering will bring some cost sharing by HCC helping the instruction costs.  HCC benefits by having more students in the HCC system so they are more likely to continue on as a HCC student after they finish with HISD.  This not only helps the gifted and talented students but will help to reduce class sizes allowing for more student-teacher interaction in the classes that are not dual credit helping raise the educational performance of all students.

Create a Culture Change

HISD has a sustained history of academic underperformance.  Over 50 campuses are D or F rates, and that is unacceptably high.  A culture change is necessary to correct course.  Creating a culture change involves two distinct areas – stop pitting groups against each other, and create campus pride. Taking these two steps sets the district on a path of achievement rather than the path of division we currently experience.

Stop Pitting Groups Against Each Other

The current board has two mechanisms where groups of students are pitted against each other.  One is the fighting that occurs with the black-brown divide, and the other is the stated   goal of close the achievement gap.

Both of these are vehicles that pit students against each other.  The black-brown divide is addressed by simply using objective data to distribute resources.  Need knows on color, gender, creed or ideology.  HISD needs to stop using race as a factor in decision making. The district already compiles significant reports regarding academic performance.  Based on these reports we know that 60% of the students are not reading at STAR mastery levels, and we know which campuses these students are located.  We need to use this objective data to guide resource distribution.

When I was an adjunct professor at Lamar University the disparity in public school education students had received was readily apparent.  It’s important all students have equality in opportunity, but equality in outcome is never going to be achieved.  Students have different potential, and that leads to different outcomes.  We want all students in the district to achieve academic success so we need to change the goal from close the achievement gap to maximize student potential.  The achievement gap not only pits students against each other, but it also reinforces the academic struggles to the groups who need more help.  Changing the culture to maximize student potential looks at the individual student as the vehicle for improvement.  The student is no longer compared against their peers; now they are compared to themselves.  This changes the focus from other to personal responsibility.  Continuous improvement adds up over time, and this affirming prism for improvement raises all boats.

Create Campus Pride

Stopping the pitting of groups against each other is only the first step.  Once we have stopped pitting groups against each other we need to control the values that are instilled in place of the current values.  Clarity of though, integrity in action, personal responsibility, and pride in accomplishment are all worthy goals that the district can focus on in order to instill a new culture on the campuses.  One way to do this is to have intra campus and intra district competition to develop student skills and confidence.

My plan envisions creating a competition structure in the district that is similar to the UIL academic competition that already occurs.  By creating an intradistrict structure paralleling the UIL competition the cost to implement are minimal.  The competition sponsors are already in place.  This opens up participation to a wider segment of the student body.  Plus, this directly improves academic performance at the campuses.  If a student is learning math they have learned math.  It doesn’t matter if it’s in the classroom or as a function of the calculator or number theory team.  The student develops skills and sees improvement and that builds student confidence.  Plus, this is something that the district could seek partnerships in the community to provide for scholarships for the district wide competition winners for scholarships to Houston Community College incentivizing student participation and helping HCC without increasing costs to the district.

Path to Victory

The race is one that a conservative candidate can win.  The incumbent won election last time with a tick over 3,000 votes.  In 2017, when she won, a tick under 3,000 voters with strong or moderate republican voting history voted in the election.  A sustained voter turnout effort is important to creating a runoff, or possibly winning the election outright.

Outside of the favorable underlying voting history I am a challenger that is well positioned to take advantage of the weakness in the current incumbent.  She is on the special education committee, and that’s one area that is not performing well, but an area that’s my breadbasket.  I literally practice this area of law and understand the ins and outs of how to achieve success in this area.  Add to that my personal experience with Kenshin and his health issues and being involved in the system and I have a depth of experience, both personal and professional, to be able to guide for change from day one.

The incumbent is also on the audit committee, and I have common sense, actionable, plans on how to solve the budget crisis and cut taxes at the same time.  Nothing I have presented here is difficult to achieve.  It’s simply a matter of seeing opportunities for efficiency and acting on the opportunities.  The proposals here are so simple and straight forward it begs the question why hasn’t the board already taken these steps?

The answer is simple, they have been too busy with walking quorums and politically motivated goals to take a step back and remember they are trustees who are supposed to be taking steps that leads to student improvement.  The board fighting and politics have brought the district to the mess the children are currently suffering, and it takes an outsider who knows how to solve the specific problems to bring change to the district.

More Information and Endorsements

This common sense approach has earned me the endorsement of Commissioner Tom Ramsey, Constable Ted Heap, Harris County Department of Education Trustee Eric Dick, and local business owners.  A list of the endorsements can be found on my web page.

Web page: https://degeyterforhisd.com

Email: [email protected]