NJ News & Views

[Editor's Note: At 9:49 p.m. on July 25, at 8:48 p.m. on July 26, at 8:20 p.m. on July 27, at 9:50 a.m. on July 31, at 12:22 p.m. on August 1 and at 4:57 p.m. on August 18, 2011, this story was edited for style, content and accuracy, and to include the findings of a state audit of the Lakewood Perkins Secondary grant program.]

On June 1, 2011, time ran out for local school officials in New Jersey.

On that date, an administrator for the Lakewood Board of Education failed to comply with deadlines established by state law under the Open Public Records Act (OPRA).

A reporter filed an OPRA request on May 20 after the district superintendent of schools did not respond to media questions pertaining to items scheduled for action on the board's May 12 meeting agenda.

Under OPRA, government officials have up to seven (7) business days to respond to a request for documents. However, government officials must provide contracts, bills or invoices upon request.

That did not happen on May 20, when a reporter for NJ News & Views visited district offices, filled out an OPRA request form and submitted it personally to an administrative secretary designated by the board to respond to OPRA requests received by the superintendent.

The reporter informed the New Jersey Government Records Council (GRC) in a June 2 complaint that seven items were requested on May 20. The seven items included contracts, bills and invoices. An administrative secretary presented some bills and invoices for inspection, but said she could not find all requested documents that day.

The secretary said she would present the requested documents for inspection on Monday, May 23, since the reporter's request had been filed on a Friday afternoon.

According to the complaint's attached e-mail correspondence with Lakewood Superintendent of Schools Lydia Silva, the designated records custodian on Lakewood's revised OPRA request form, the reporter charged that the secretary did not present the requested documents for inspection on Monday or the rest of the following week either.

"After I did not hear from her yesterday, I called district offices today, May 24," the reporter told Silva. "(Matthew Varley,) the interim BA (business administrator) told me she left work early on Monday after feeling ill, and that she would not be back at work until next week. He said he was not a designated records custodian and could not help me."

Varley has since resigned the part-time position.

The reporter informed Silva that after leaving a telephone voicemail message for board attorney Michael Inzelbuch about the matter, he did not provide a legal reason in writing for either denying access to the documents or requesting additional time to provide them before seven business days had elapsed.

"As the designated records custodian, please present the requested contracts, bills and invoices at once or else explain in writing why you are not in violation of state law," the reporter told Silva.

Silva, as well as Inzelbuch, ignored state law and the reporter.

That was also the response of both officials last year, when the board reportedly failed to file a state-required document due at the end of the 2009-10 school year, according to the records custodian for the New Jersey Department of Education (DOE).

The document is a written assurance to comply with a 2007 plan the district filed with the state as a blueprint for ensuring equal opportunity under United States and New Jersey law.

On May 7, 2003 the State Board of Education adopted N.J.A.C. 6A:7, "Managing for Equality and Equity in Education," which outlines responsibilities for achieving and maintaining compliance with all state and federal laws governing equity in educational programs in New Jersey public and charter schools, according to an April 20, 2007 state form for completion of a three-year Comprehensive Equity Plan (CEP).

The first CEP covered the school years 2004-2007.

The CEP enables all districts and New Jersey charter schools to comply with all applicable Federal laws, codes and regulations, including, but not limited to the following:

- Titles VI and VII of the Civil Rights Act of 1964
- Title IX of the Education Amendments of 1972
- Section 504 of the Rehabilitation Act of 1973
- The Americans with Disabilities Act of 1990
- Individuals with Disabilities Education Act (I.D.E.A.) of 1997
- Equal Pay Act of 1973

The CEP also requires all districts and New Jersey charter schools to comply with the following State laws:

- Article I, Paragraph 5 of the New Jersey State Constitution
- N.J.S.A.18A:36-20, Equality in Educational Programs
- N.J.S.A.10:5 New Jersey Law Against Discrimination
- New Jersey Administrative Code (N.J.A.C.) 6A:7
- N.J.S.A. 18A:35-1, History of the United States and New Jersey
- N.J.S.A. 18A:36-20, Prohibition of Discrimination

Districts and charter schools were required to submit one copy of a CEP to the county Office of Education and one copy to the state Office of Specialized Populations in Trenton.

In 2010, a new governor in Trenton established a new education policy that changed those requirements.

Under the administration of Governor Chris Christie, New Jersey districts and charter schools were no longer required to file a 3-year CEP. Instead, Christie's administration required districts and charter schools to file an annual Statement of Assurance.

In a March 22, 2010 letter, Rochelle Hendricks, Assistant Commissioner, Division of District and School Improvement with the DOE, informed district administrators of the change.

"This is to advise you that at this time the Department of Education will not require the submission of a new 3-year Comprehensive Equity Plan for 2010-2013," Hendricks wrote administrators. "Rather, we are requiring that you submit a completed Statement of Assurance for each of the next two years (2010-2011 and 2011-2012) and that you continue the implementation of the CEP submitted by your district for 2007-10."

Hendricks asked school administrators to complete and submit the attached questionnaire regarding affirmative action policies and procedures in each district and to submit the completed forms to Anne Schettino Casale at the Office of Equity and School Choice, Division of District and School Improvement in Trenton.

Last month, a reporter for NJ News & Views filed an online OPRA request with the DOE after finding a Lakewood board meeting agenda that reported the 2007-10 district CEP as an item for action, but no meeting agenda that reported a 2010 Statement of Assurance for action by the board.

On June 30, a DOE records custodian e-mailed the reporter a copy of the Lakewood 2007-10 CEP, but not a 2010 Statement of Assurance.

In response to the reporter's request to inspect the district's Statement of Assurance, the DOE issued a denial of access response.

"Not Made, Maintained, Filed or Received by Division --- It is our understanding that the school district did not file the statement."

In a response for comment, a DOE spokesperson contradicted the DOE records custodian.

"Apparently you filed your OPRA request and it was satisfied on June 30," the spokesperson told the reporter in a July 12 e-mail. "Lakewood filed its paperwork after the OPRA was closed."

Lakewood Affirmative Action Officer Ruth Molner asserted the district's commitment to informing students and employees of their rights during a July 21 telephone interview.

"Our plan is to make sure kids are aware of our affirmative action policies and that we are non-biased in our hiring for the district," Molner told a reporter.

That goal may not be enough to ensure that all Americans have the opportunity to participate in a competitive global marketplace.

Federal, state, county and local officials must do more than pay lip service to equal opportunity; they must enact public policy that ensures all students and district personnel an equal opportunity to succeed.

With fewer Americans employed and paying tax dollars, elected representatives and their administrators must budget public dollars for that specific purpose.

On July 21, Lakewood Perkins (Grant) Administrator Joanne Schleicher discussed a corrective action plan she said the district was required to submit to the state by July 29.

The Carl D. Perkins Vocational and Technical Education Act of 1998 is funded through a Federal Entitlement grant.

Board member Tracey Tift asked Schleicher if that was the grant application that was filed late two years ago.

Schleicher said no.

She said the missed deadline two years ago was not the result of paperwork that was filed late.

"The bills were paid late," Schleicher said.

In a July 26, 2011 e-mail, a spokesperson for the DOE responded for comment.

"The NJDOE is required by the USDE (United States Department of Education) to have a monitoring plan in place to monitor districts/colleges that receive Perkins funds," the spokesperson said. "Based on a risk analysis, Lakewood was selected to be monitored this past year.  The monitoring is done by OCTE (Office of Career and Technical Education) staff and they review some programmatic data and fiscal record from the current year."

In the July 15, 2011 letter Silva received from Marie Barry, Director of the state OCTE, Barry informed Silva of findings by her office following an on-site May 17, 2011 audit of the district's Perkins Secondary grant program.

"The enclosure to this letter describes our findings," Barry told Silva. "Because there were findings, your institution must submit a corrective action plan by July 29, 2011 that states specifically how you will address the findings identified as a result of the on-site review."

An attachment sent with the letter Silva received identified the first finding as a personal services - salaries issue.

"A majority of Employee Payroll Vouchers were not dated or signed under 'Claimant's Certification and Declaration' by claimant or supervisor/administrator, nor dated or signed under 'Approved By' by Superintendent or Assistant Superintendent or Business Administrator," the attachment stated.

During the Lakewood board's July 21 meeting, members of the board initially voted no to approval of agenda items certifying No Over Expenditures by Silva as superintendent and Certification of No Over Expenditures by the board.

The board also voted no to the agenda item to accept the preliminary Treasurer's and Secretary's Reports for the month ending June 30, 2011.

By approving the agenda item, the board would also be certifying that the Treasurer of School Moneys and the Board Secretary's reports are in balance for the cash receipts and disbursements for the month ending June 30, 2011.

On July 1, The Lakewood Scoop reported that interim Lakewood Business Administrator/Board Secretary Matthew Varley had submitted his resignation, effective July 13.

The online news report was posted one day after the June 30 semi-annual deadline for county review of the Treasurer of School Moneys and Board Secretary's reports that Varley must first sign.

According to the board's July 21 discussion, Varley may have declined that responsibility before submitting his resignation.

On July 21, so did Silva and the board.

Following the no vote, board members, Silva and Inzelbuch resolved the impasse by formally approving the hire of interim Business Administrator Arlene Biesiada, sitting in the meeting room audience, to succeed former interim Business Administrator Matthew Varley.

Biesiada's appointment was an item scheduled for board action on the July 21 meeting agenda. She will earn $600 per day as interim Business Administrator and $75 per hour to attend meetings during her employ - effective July 21, instead of July 22, 2011, and according to the board meeting agenda, terminating on August 22, 2011 - in one month.

After Biesiada took her seat on the board's dais, she scanned several papers and then pronounced the reports in balance. Board members then voted to approve the agenda items certifying district finances were in balance.

Last year, a State Auditor submitted the findings of a 2-year forensic audit of district finances to the New Jersey Attorney General's Office.

In addition to payroll discrepancies disclosed by a state audit of the Lakewood Perkins Secondary grant program, the OCTE also found discrepancies under General Supplies in the preparation of Purchase Orders after a service was rendered.

The state provided three examples of purchase order discrepancies:

Purchase Order #1103903 to Allan Defina reported a service date on 3/16/11, but the purchase order was dated 3/17/11.

Purchase Order #1104468 was dated 4/30/11, but did not include a service date.

Purchase Order #1103168 was dated 1/18/11, but the actual trip took placed on 12/12/10.

Under General Supplies, the state audit found no verification that the Apple warranty was one year.

Under Field Trips and Student Travel, the state audit found that trips taken in November 2010 and March 2011 were reported as an expense, even though the district had not yet paid their cost.

Under Instructional Equipment, the state found that Smart Boards were not properly tagged prior to the visit.

The state audit did not find any documented evidence of any advisory committee meetings.

As required by N.J.A.C. 6A:19-6.5, the district must have a current Safety and Health Plan, but did not at the time of the monitoring visit.

Two years ago, district Business Administrator Robert Finger confirmed in an e-mail response to NJ News & Views that a section of the middle school roof had collapsed following reports of mold and water damage to the building.

A consultant to the district assessed all Lakewood public school roofs in need of repair or replacement.

Last winter, the board was scheduled to make repairs to the middle school roof, but for years previous boards have publicly discussed the need to replace it as a safety hazard.

After the April 2011 school election, NJ News & Views asked board member Yechezkel (Chesky) Seitler how much the board had budgeted for repair of the middle school roof. Seitler told a reporter the board had voted to halve the amount originally budgeted for repair of the school roof from $4 million to $2 million.

The reporter asked Seitler if that would be enough to make needed repairs.

Seitler replied, "It will have to be."

On July 21, a reporter for NJ News & Views asked board member Carl Fink, who is also a member of the Lakewood Planning Board, how much funding the board had budgeted for repair of the Lakewood Middle School roof.

According to Fink, the board no longer has any district funds budgeted to repair the school roof.

He told NJ News & Views that the board hoped to receive a state grant of slightly less than $1 million for the repair.

The reporter asked Fink if that would be enough.

Fink said no.

The reporter asked Fink in an e-mail follow-up question what improvements the board had financed to public school buildings and grounds during the summer.

Fink did not respond to a request for comment.

Neither did Silva.

According to the U.S. Department of Education Web site, state grants assist State and local schools to offer programs that develop academic, vocational and technical skills of students enrolled in high schools, community colleges, and regional technical centers.

Perkins grant funds can be used for a broad range of programs, services and activities designed to improve career-technical education programs and ensure access to students who are members of populations with special needs.

Fewer students may be receiving the benefit of earmarked funds that are instead being spent on underfunded school budget line items.

Late last year, Silva recommended that the board eliminate district funding budgeted for a "gun club" for students, even though New Jersey law prohibits minors from owning or using firearms without adult supervision.

The exception to the law are rifles used by students enrolled in the high school's award-winning army Junior Reserve Officers Training Corps (JROTC) program.

According to the Lakewood JROTC Web site, Lakewood's Piner Battalion has received the Honor Unit with Distinction Award for placing in the top five percent of JROTC programs nationwide.

Despite drill exercises and rifle competitions that require expertise in the use and handling of firearms, the Lakewood JROTC prepares students for a peaceful future.

"(Our) mission (is) to motivate young people to become better citizens," the Lakewood JROTC Web site states.

That mission may become more difficult for dedicated district personnel to accomplish without adequate board funding.

Earlier this year, the Lakewood board voted to eliminate shop classes in Lakewood High School after voting to eliminate the classes in Lakewood Middle School.

In a feature story published in the January 9, 2003 edition of The Tri-Town News, the district's official newspaper, a reporter interviewed Lakewood High School teacher William Bradshaw and his advanced class of wood shop students.

According to some students interviewed in the story, classes in wood shop can lead to careers.

"I want to build houses," student Fernando Rodriguez, 18, told the reporter when asked what he would like to do in the future with his wood shop skills.

The shop classes also helped build teamwork, according to the newspaper's report.

Student Matthew Lucas, 18, said he enjoyed working with other students in his wood shop class that constructed the non-toxic toys Bradshaw designed and Assistant Principal Joseph Paradise distributed annually to needy Lakewood families and children of high school students.

The toy airplane that high school shop students made in 2003 was as much a career inspiration for children that received it as it was for students that made it, according to The Tri-Town News.

"Children ages 2-6 can sit (on seats mounted on the wooden airplanes) and pretend they are the pilot or perhaps an astronaut in the making," the paper reported.

Students that worked on the annual holiday gifts were required to have taken beginner and intermediate shop classes, which were also offered in Lakewood Middle School.

"This might be a career for me," Lucas told the reporter in 2003.

Not anymore.

"We're phasing in new programs that may lead to certification," Silva told NJ News & Views at last week's board meeting. "Students need certification courses that could lead to a job."

On July 21, an item for action by the Lakewood board was removed from the meeting agenda. The agenda item called for elimination of television production and fashion design classes in the high school.

That option is not off the table, Silva told NJ News & Views.

"We're (still) looking at it," she said.

The elimination of the courses may not only limit students' job prospects, but those of their instructors.

At their July 21 meeting, board members were scheduled to take action on five personnel addenda that included giving Television Production instructor Elisa Kozinn-Hanlon the additional duties of social studies instructor, for which she told NJ News & Views she was certified.

Both Kozinn-Hanlon and Malwina Mogielski, the high school's fashion design instructor, maintained that their courses did prepare students for employment after graduation.

Mogielski said her classes had an enrollment of 55 students.

"We've only had the course for two years and nine students were accepted to fashion school (after graduation)," Mogielski told a reporter.

Over two decades ago, another Lakewood student found career inspiration in the fashion industry.

The former Marc Milecofsky began his fashion career selling T-shirts out of his parents' Lakewood garage in the mid-1980s. After graduating from Lakewood High School in 1990, Milecofsky attended Rutgers State University as a Pharmacist major. However, at age 20, he decided to abandon an academic education to pursue a career in urban fashion design as Mark Ecko.

Ecko's interest in fashion has grown into a multi-billion dollar enterprise that includes Eckô Unlimited, the "Cut & Sew" Collection, G-Unit; Zoo York, and Avirex Sportswear.

Ecko also publishes a magazine and owns an interactive entertainment company.

On December 8, 2005, Ecko reportedly signed a deal with MTV for a film adaptation of his video game "Getting Up: Contents Under Pressure," which explores the world of the graffiti artist.

Two decades after finding career inspiration in his home town, Ecko returned to visit his alma mater.

On February 23, 2008, Ecko inspired a new generation at a fashion show held at Lakewood High School.

In a February 27, 2008 posting on "Davey's Days" at www.drugfreedave.blogspot.com, another Lakewood High School alumnus discussed his reaction to meeting Ecko at the event.

"Marc grew up in Lakewood, and we both went to Lakewood High School and had the same Art Teacher," Davey told visitors to his blogspot. "Thanks so much Mrs. Landesberg for this opportunity : )"

Landesberg not only inspired Milecofsky to succeed, she may also have inspired Davey.

"This makes me proud to be from Lakewood," he wrote. "(It has) also has given me a kick in the butt to start drawing more and more, and to reach and strive, and strive more and reach further. It was really good for me, it really hit home."