Louisiana Man's Death Penalty Sentence is Overturned

By Joey Lehrman | Email the Author | Follow on Twitter

The execution chamber at the Angola prison facility.

In a landmark announcement from U.S. District Judge Dee D. Drell of Alexandria, the conviction and subsequent death penalty ruling from a 1993 nightclub murder has been overturned. According to the ruling:

'We find the state trial court allowed an avowedly biased juror ... to be seated on petitioner's jury,' Drell wrote in his ruling, issued last Thursday. 'The juror ... was never otherwise rehabilitated, nor did he ever indicate he would weigh the evidence and/or decide the case fairly and impartially,' Drell wrote. 'Accordingly, we find petitioner's unreliable conviction cannot be the basis for criminal punishment, much less a sentence of death. ... he has met his burden to have that conviction vacated and for a new trial,' the ruling states.

The convicted man, Willard Allen, and his attorney, James Calhoun, expressed relief and support in the aftermath of the ruling. According to Calhoun, "[The ruling] addressed the points in a very solid way, and we appreciate the hard work that went into the result," said New Orleans attorney, Andrew Lee, who was appointed in 1999 to assist Mr. Allen with his post-conviction relief. 

This comes as welcomed news for the Lousiana anti-death penalty community. Aside from Texas, Florida, and Oklahoma, Louisiana ranks near the top of the list for most executions by state.

Moving forward, the case will be returned to the state court with explicit instructions to conduct a bail hearing within 45 days. Additionally, the state now has 270 days to decide whether they will retry the case. If nothing proceeds from here, Judge Drell states that the state must, "unconditionally discharge petitioner from custody."

What is your opinion of capital punishment in the United States? Do you support or oppose it? Are there any circumstances under which capital punishment is defensible?

Stay tuned to www.nola.com and www.joeylehrman.net for additional updates on the case.

Joey Lehrman is a retired teacher with over 40 years of experience in the New Orleans public school system. Since retiring, he has transitioned to sharing his experience and perspective and all things New Orleans through a variety of blogs, news-sites, and social networks.

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Louisiana Politicians Respond to the State of the Union

By Joey Lehrman | Email the Author | Follow on Twitter

In their traditional response to the president's State of the Union address, lawmakers from around the State of Louisiana posted their responses immediately after the speech ended. And, as can be expected, it was a mixed set of reviews, ranging from sharp criticisms from lawmakers on the right to celebratory rhetoric from the president`s supporters on the left. 

From Congressman Charles W. Boustany, Jr., M.D., R-South Louisiana:

I welcomed tonight's opportunity to hear the President's comments on how his sixth year in office would be any different than the previous five. Unfortunately, I was left disappointed as the President discussed how he would continue to circumvent Congress in order to push his liberal agenda. As a member of the People's House, I find this completely unacceptable. I am determined to protect the will of the people I represent in South Louisiana. Power grabs by this Administration will not be tolerated.

And in a unique showing of unity amongst Louisiana's bi-partisan delegation, Senator Mary Landrieu, D-LA, echoed similar sentiments:

Tonight, the President spoke about hard work, greater opportunity and growing and expanding the middle class. One of the quickest ways we can create jobs is by increasing our domestic energy production and taking smart steps toward energy independence. The Keystone Pipeline, and projects like this, will significantly improve the infrastructure that is necessary to support this increased production. Nearly three years ago, I urged this Administration to act swiftly to begin construction of this pipeline. I'm disappointed, as are many of my colleagues, that the Administration still has not acted despite the overwhelming economic and environmental evidence that favors immediate construction.

And to all my readers, did you catch the #sotu? What was your reaction?

Joey Lehrman is a retired teacher with over 40 years of experience in the New Orleans public school system. Since retiring, he has transitioned to sharing his experience and perspective and all things New Orleans through a variety of blogs, news-sites, and social networks.

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Louisiana Teacher Tenure Law Ruled Unconstitutional...Again

By Joey Lehrman | Email the Author | Follow on Twitter

In a ruling confirming an earlier decision, Judge R. Michael Caldwell of the 19th Judicial District Court in Baton Rouge once again struck down the law known as "Act 1", stating that it violated Louisiana "single object" clause, a part of state's constitution that bars legislating on several issues through one law. The decision is seen as a victory for the state's teachers unions and as another defeat for Governor Jindal and his attempt to overhaul many parts of Louisiana's education system.

Act 1, which was passed by the Legislature during the 2012 Regular Session, deals with many aspects of the education system, including:

• school control
• teacher tenure
• pay for performance and evaluation
• superintendent and school board duties
• layoffs
• contracts
• teacher salaries
• teacher hiring/firing
• teacher tenure

This is the second time that Judge Caldwell has struck down the law. The first ruling came in March 2013, and the State Supreme Court asked Judge Caldwell to review his ruling at the same time that the Court struck down the funding mechanism for Governor Jindal's controversial expansion of the school vouchers program (also known as Act 2).

Click here to follow Lauren McGaughy's coverage of the ruling on NOLA.com | The Times Picayune 

Today, Judge Caldwell clarified his March ruling and stuck with the original decision:  "I am still of the opinion that the Act violates the 'single object' requirement and is thus unconstitutional in its entirety."

Governor Jindal's office quickly responded to the ruling and defeat with the following statement:

'We believe (the law) is Constitutional and we are going to appeal to the Supreme Court,' said Jindal. 'These reforms are constitutional and will help improve Louisiana schools for children and families across the state. The law rewards effective teachers for their hard work and ensures that we have a great teacher in the classroom so that our children have the opportunity succeed.'

In an extension of his explanation, Judge Caldwell claimed that there wasn't enough of a unifying theme between the various parts of the law, and it thus violates the Single Object rule:

The new case law, Caldwell said, ensures the single object rule doesn't restrict the breadth of a bill 'as long as the parts of the bill are naturally related.' While he agreed the many parts of Act 1 did have 'some meager semblances of a uniting theme' -- which he identified as issues relating to "teacher effectiveness" -- Caldwell said he could not find that theme apparent in all of its parts or its title.

While this seems to be a victory for the Louisiana Federation of Teachers, which has been opposed to much of the governor's educational legislation, LFT President Steve Monaghan remained humble in his public statements on Wednesday, suggesting that LFT and teachers throughout the state are eager to work with lawmakers to revamp the legislation into something that is both legal and work for schools, teachers, and students around the state.

Stay tuned to www.joeylehrman.net and www.nola.com for further developments relating to the Act 1 ruling, including a press conference scheduled for this afternoon by State Superintendent of Education, John White. 

The 19th Judicial District Court in Baton Rouge

Joey Lehrman is a retired teacher with over 40 years of experience in the New Orleans public school system. Since retiring, he has transitioned to sharing his experience and perspective and all things New Orleans through a variety of blogs, news-sites, and social networks.

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Linking Student Performance to Teacher Reviews

By Joey Lehrman | Email the Author | Follow on Twitter

Gov. Bobby Jindal's attempt to reform and transform Louisiana's public schools encountered an obstacle this week when his proposal to connect student performance to how teachers are evaluated was sidelined for two years. The provision, which was initially approved by the legislature in 2010, will be revisited during the 2015-16 school year, after Jindal leaves office at the conclusion of his second term as governor.

The apparent driving force behind the delay in implementation is the adoption of the Common Core State Standards, which will take place during the 2014-15 school year. Many educators are anticipating a rough transition as teachers and students learn about and implement the more rigorous standards. The moratorium on linking teacher reviews to student performance seems to be reflective of a popular sentiment that schools will need time to adjust to the new Common Core standards.

Asked for comment, the governor issued a prepared statement that said the moratorium will give the state time amid rising academic expectations to gather data and make future reviews linked to student achievement work. 'It is also fair to teachers who are being evaluated during the transition,' the statement says... State Superintendent of Education John White, the author of the plan and Jindal’s chief public schools lieutenant, said the moratorium is needed to give teachers and students time to adjust to Common Core standards in math, reading and writing.

Source: The Advocate's "Jindal teacher reviews frozen"

The now delayed provision has been one of the most controversial among the reforms pushed by the governor. Education has been one of the focal points of the Jindal Administration, citing Louisiana "long-suffering student achievement in public schools" as on one of the most important issues for the future of Louisiana. 

Under the proposed review system, half of a teacher's evaluation would be based on the growth in their student achievement. The remaining half would be based on the traditional system of classroom observations by principals and others. This new rating system has already been implemented by some schools throughout the state, with approximately 1 in 3 Louisiana educators receiving the top rating. What's most intriguing is that 4% of the teachers were rated as 'ineffective,' which means they could be put on a path towards dismissal if they continue to receive similar ratings in subsequent years.

Critics of linking teacher evaluations to the growth of student achievement have praised the pause and said teachers should not be linked to yearly gains on student test scores.
'It was not ready for prime time,' said Steve Monaghan, president of the Louisiana Federation of Teachers, which opposes the Jindal-backed job reviews.

While most of Jindal's education reforms remain in effect, the teacher evaluation system remains both controversial and potentially the most important feature of the new systems. As a former teacher with decades of experience in the public school system, I witnessed far too many instructors that weren't striving to be the best teacher they could be on a day-to-day basis. Apathy and complacency are far too common in classrooms around the state.

Gov. Bobby Jindal has made education reforms the cornerstone of his tenure as governor of Louisiana.

So although linking teacher evaluations to student performance has its limitations (due to the limitations of standardized tests, for example), I think it is necessary to dialogue about what makes a good teacher, and then implement the systems necessary to hold our teachers accountable.

What do you think?
Joey Lehrman is a retired teacher with over 40 years of experience in the New Orleans public school system. Since retiring, he has transitioned to sharing his experience and perspective and all things New Orleans through a variety of blogs, news-sites, and social networks.

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Considering Higher Education Funding with Joey Lehrman

By Joey Lehrman | Email the Author | Follow on Twitter

According to a recent report from the American Association of Colleges and Universities, Louisiana is 1 of 7 states to reduce public spending on higher education. Joining Louisiana on this list is West Virginia, Wyoming, North Carolina, Kansas, Missouri, and Wisconsin.

Since Congress initiated the sequester in 2011, most states were forced to make budget cuts across the board, including dedicated funding for higher education. That trend, according to a recent post on NOLA.com | The Times Picayune, that trend is starting to reverse with most states increasing higher education funding in an attempt to offset recent cuts. New Hampshire, an outlier in the study, is leading the nation with a 28 percent increase in higher ed funding in 2013. The national average for 2013 was an increase in 2.9 percent.

Learning Opportunity: More on the Congressional sequester

'Two years removed from the largest decline in state higher education funding in nearly a half century, state lawmakers have used increases in state revenues to begin reinvesting in public higher education,' stated AASCU's October 'State Outlook' newsletter.

2013 will continue a six-year trend of cuts to Louisiana's higher education system, with nearly $700 million cut from those allocations. And the most obvious impact of these cuts are the tuition increases at nearly every institution throughout the state, furthering the divide between those that can access a post-secondary education and those that cannot. However, lawmakers and administrators are hopeful that this trend in Louisiana is about to turn.

The state Board of Regents, the umbrella group overseeing the state's four public systems of higher learning, has requested an $87 million boost next year and State Rep. Steve Carter, R-Baton Rouge, who heads the House Committee on Education, is optimistic the tide has turned, and Louisiana higher education will be able to return to pre-recession funding levels soon.

However, not everyone is convinced that the study is worth noting. When contacted for comment, Gov. Bobby Jindal's spokesman critiqued the study for being too narrow, noting that the state has spent more than "33 other states per capita on higher education."

"When looking at total means of finance, spending for higher education has gone down by 4.6 percent, but at the same time, student outcomes are on the rise," Plotkin said via email. He cited increase in graduation rates at the state's two and four year institutions and noted LSU in particular marked an record high grad rate of 66.7 percent in 2012.

Joey Lehrman is a retired teacher with over 40 years of experience in the New Orleans public school system. Since retiring, he has transitioned to sharing his experience and perspective and all things New Orleans through a variety of blogs, news-sites, and social networks.

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Is David Vitter Running for Governor of Louisiana?

By Joey Lehrman | Email the Author | Follow on Twitter

As the 2015 gubernatorial election in Louisiana draws near, there is widespread speculation that U.S. Senator David Vitter is considering entering the race. And according to Vitter spokesman Luke Bolard, pundits won't have to speculate much longer. This from a recent post on nola.com:

The two-term senator and his wife Wendy will send out an email Wednesday informing supporters of his possible run. Current Gov. Bobby Jindal's second and final term ends in 2015.

Although Bobby Jindal is still undecided about his prospective run for the White House in 2016 (at least publicly), many candidates are already positioning themselves to seek his current job when he reaches his term limit in 2015. State Rep. John Bel Edwards, Lt. Gov Jay Dardenne, and State Treasurer John Kennedy are just a few of the currently elected officials that are considering a push to be Louisiana's next Governor. Only Edwards and Dardenne have officially entered the race.

Senator David Vitter

And for those of you following local New Orleans politics, in a somewhat surprising move, the popular Councilwoman Kristin Gisleson Palmer recently announced that she will not seek reelection in District C, clearing the way for Nadine Ramsey, a former judge, who is the only other announced candidate for the seat. The three-day qualifying period will be held December 11-13th, so stay tuned for a final list of candidates.

Joey Lehrman is a retired teacher with over 40 years of experience in the New Orleans public school system. Since retiring, he has transitioned to sharing his experience and perspective and all things New Orleans through a variety of blogs, news-sites, and social networks.

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More Violent Crime in New Orleans with Joey Lehrman

More Violent Crime in New Orleans with Joey Lehrman

A 24-year-old man was found stabbed to death inside a burning house in the Fairgrounds neighborhood. So although our politicians and business leaders continue to profess that New Orleans is stronger than ever, we still have a very deep and dark issue that continues to go addressed.

You can read the Times-Picayune coverage of the story here.

Joey Lehrman

I'd like to hear from my readers on this question: What can individuals do to help stem the violent crime problem in New Orleans? It's potentially an easier question to answer for politicians (rebuild the education system, expand recreational opportunities for our youth, increase economic opportunities for adults). But what can a parent or an individual community member do in their daily life to help resolve this devastating issue?

Thanks for reading!
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Vouchers and Public Education

Vouchers in Louisiana - By Joey Lehrman

In a debate focused on a local parish but with implications for the entire state, residents, teachers, students, teachers, and parents and pressed to discuss the pros and cons of a voucher system, which uses public funds to pay private school tuition for students.  As part of the School Choice system the state has been transitioning to for the past few years, proponents suggest it provides unprecedented educational opportunities for students that would otherwise be destined to a poor education at struggling schools.  Administrators in the public system, content, however, that the system only drains more resources from an already deprived system and isn't a scalable solution for all students in the state.

http://www.nola.com/education/index.ssf/2012/10/voucher_law_being_questioned_i.html

The most recent debate has found its way to Tangipaha Parish, where a federal judge will soon enter the dialogue.  At the very least, we must be informed!  Read on and please share your comments!

Sincerely,

Joey Lehrman,
New Orleans, LA
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