CAPITOL OFFICE DISTRICT OFFICE Room E1.808 100 N. OCHOA ST., SUITEA PO. BOX 12068 EL PAso, TEXAS 79901 AUSTIN, TEXAS 7871 1 (915) 351-3500 (512) 463-0129 (915) 351-3579 FAX (512) 463-7100 FAX Jos? RODRTGUEZ STATE SENATOR SENATE DISTRICT 29 EL PAso, CULBERSON, HUDSPETH, PRESIDIO 8: JEFF DAVIS September 6, 2013 Mr. Michael Williams Commissioner of Education Texas Education Agency 1701 N. Congress Avenue Austin, Texas 78701 Dear Commissioner Williams: Thank you for taking the time to speak with me about the State Auditor's Office report on how the Texas Education Agency (TEA) handled its 2010 investigation of allegations of district-wide cheating at the El Paso Independent School District (EPISD) (Report No. 13-047). As you know, in 2010, TEA twice dismissed the serious claims brought forth by my predecessor, Senator Eliot Shapleigh. These claims were ultimately found to be true. It is clearly in the state's interest to determine how or why TEA could not find evidence of the districtwide cheating scheme, which was confirmed by the former superintendent in his guilty plea as well as independent investigations by the US. Department of Education and Weaver and Tidwell, LLP. Without a doubt, TEA's inability to do so resulted in this cheating scheme spreading to other school districts in El Paso County and possibly other parts of the state. The SAO report has four parts: the failure to conduct a thorough and effective investigation, lack of effective investigative processes, inadequate intake processes, and recommendations for addressing the latter two issues. While I appreciate the efforts that you are making to address the latter two issues, it is imperative to also take action regarding the first issue. In El Paso, we are going through the arduous process of accountability. This includes actions that you have taken, with my support, to temporarily replace the EPISD Board of Trustees with a Board of Managers, as well as self-reporting by other school districts in the county. Now, we are looking to TEA to hold itself accountable -- not only for improving its investigative and intake processes going forward, but to also take appropriate actions regarding TEA employees who failed to protect our students. Chapter 1 ("The Agency Did not Conduct a Thorough and Effective Investigation of Cheating Allegations at includes general mentions of staff at the TEA's Data Development, COMMITTEES JURISPRUDENCE, VICE CHAIR 7? CRIMINAL JUSTICE GOVERNMENT ORGANIZATION VETERAN AFFAIRS 8! MILITARY INSTALLATIONS Commissioner Michael Williams September 6, 2013 Page 2 Analysis and Research Division; staff at the Agency's Student Assessment Division; staff at the Program Monitoring and Interventions Division; staff at the Office of Inspector General and Special Investigations. In addition, the report specifically mentions the former TEA Commissioner, the Deputy Commissioner of School District Leadership and Educator Quality, and TEA's primary investigator on the case. The audit makes no recommendations regarding disciplinary or other actions for these individuals. However, in my view, the TEA employees who were responsible for conducting a thorough investigation, but did not, should be held accountable and sanctioned appropriately. Put simply, many of these individuals shirked their responsibility to the students. If the individuals employed in the various TEA divisions and departments, such as the Office of Inspector General, are not tasked with ensuring the integrity of our schools, then who is? As the SAO report indicates, TEA's desk review was not an "investigation" in any sense of the word. TEA investigators failed to ask for any additional information beyond what was submitted to TEA by EPISD's administrators the very people accused of wrongdoing. In addition, TEA failed to: 0 Interview parents, teachers, and administrators at 0 Review and compare hard-copy documentation available in a student's cumulative folder to electronic records to identify evidence of transcript manipulation; 0 Perform a comparison of dropout data from year to year and school to school to reveal data discrepancies; Identify students who did not take the 10th grade student assessments; and 0 Coordinate with EPISD's Internal Audit Department to detennine the progress and outcome of its audit on student transcript irregularities. I think we can all agree that these steps or actions, at a minimum, should have been taken by TEA employees conducting this investigation. Moving forward, please let me know what specific steps you will take to determine the level of culpability of these employees in failing to conduct a legitimate investigation and whether any of the still-remaining employees will be sanctioned. Finally, the report makes recommendations regarding intake of complaints. As you know, I filed several bills related to school district transparency and accountability. One of those bills, Senate Bill 121, which would have given more protections to school district employees who make a "good faith" complaint of wrongdoing, did not pass in time during the session. Given that the SAO report identifies fear of retaliation of employees as a primary reason that many employees did not report to TEA or chose to make anonymous complaints, I hope to have your support in passing legislation to strengthen whistleblower protections for school district employees during the 2015 Regular Session. This legislation is even more critical in light of recent news reports of potential cheating in other parts of the state. Commissioner Michael Williams September 6, 2013 Page 3 In a broader sense, this situation in El Paso illustrates how the extreme pressure of high-stakes standardized testing can play a role in warping the purpose of education. While the Venal behavior of those at EPISD who harmed our children for their own pecuniary benefit and career advancement cannot be excused, we must be vigilant that we protect our educational system from the consequences of "teaching to the test" and other negative byproducts of high-stakes, standardized testing. We should consider to what extent accountability measures driven by the results of standardized tests contribute to cheating and manipulating students. I look forward to your response. Should you have any questions or need additional information, please do not hesitate to contact me. Thank you again for the important work you do for Texas. Sincerely, s? Rodriguez