School-tax vote Saturday comes even as some don’t know who controls schools


On Saturday, New Orleans voters will decide whether to invest millions of dollars into maintaining public school facilities through a property tax — but at key moments important players don’t seem to know exactly who’s in charge of the buildings.

And the item on the ballot doesn’t make clear that two different agencies, the Orleans Parish School Board and the state-run Recovery School District, will divvy up the money in proportion to students they oversee. And the law would force the two districts to set up parallel offices to oversee the repair money, which would make it twice as hard to track who’s spending what money and where.

One of the signs that was in question hung near the busy intersection of South Carrollton Avenue and St. Charles Avenue, in front of what most recently was a campus of Audubon elementary

Marta Jewson / The Lens

One of the signs that was in question hung near the busy intersection of South Carrollton Avenue and St. Charles Avenue, in front of what most recently was a campus of Audubon elementary

The confusion of people even fairly familiar with the unique situation of New Orleans public schools further illustrates the complex system of dozens of independently run charter schools and the handful of traditional schools — and who has control of them.

This is important because whoever controls the buildings is responsible for ongoing maintenance and the condition of the facilities where students are educated. Few would dispute that students stand a better chance at a quality education when not learning under leaking roofs, moldy ceilings, peeling paint and in classrooms with unreliable heat and air conditioning. The city has a bad reputation for educating students in such decrepit facilities, but it’s often unclear who should be held accountable for making improvements and held liable when something goes wrong.

A court battle over a campaign for the ballot initiative illustrates the problem: A lawsuit filed in November alleges public money and property were improperly used when posting political signs on campuses about the tax. Though the signs were paid for by a private group, the plaintiffs questioned whether public employees installed them, whether schools possibly bought them and whether the signs implied a ‘yes’ vote. More importantly, they questioned whether the very visible school buildings were being used as ad hoc billboard space.

Before the Thanksgiving holiday, banners reading “Our Students Our Schools Vote Dec. 6.” and depicting a group of children giving the thumbs-up sign went up on playground fences and schoolyards throughout the city.

Justice and Beyond, a community group that opposes the school maintenance tax because it says the tax will siphon money away from the locally elected school board, sued the School Board alleging misuse of public funds. Schools and public bodies can run educational campaigns on issues, such as the property tax. But they cannot urge people to vote a certain way on a particular proposition — and the signs appeared to do just that.

Eleven days before the election, Civil District Court Judge Tiffany Chase issued a temporary restraining order prohibiting School Board employees from hanging any additional signs. But the judge was confused about just who was in charge of the buildings, and the murky issue of who to blame when something goes wrong with a New Orleans school building quickly became the matter at hand.

“Who has control over all that?” Chase asked as she tried to establish who was responsible for the signs.

The signs encouraging people to vote in the school election were hanging on both charter and traditional school buildings, and attorney Willie Zanders initially sued the Orleans Parish School Board, which owns almost every building in the city housing a public school, charter or traditional. But just because the School Board owns them, does not mean they control them.

The matter was delayed because the temporary restraining order only applied to the School Board employees, sending the plaintiff’s attorney scrambling to quickly sue dozens of independent charter boards, even though he wasn’t convinced it was necessary.

The order did not apply to Recovery School District charter school employees, and some RSD run charter schools sported the signs as well. Both districts have a dog in the hunt — if the tax passes, both will receive facility funding.

But even though the tax would provide maintenance funds to all schools, some unlikely opponents of the proposition have surfaced, including school board members, because they don’t want to the RSD to receive that funding.

This story was produced in partnership with The Hechinger Report, to focus on coverage of New Orleans public schools.

This story was produced in partnership with The Hechinger Report, to focus on coverage of New Orleans public schools.

The RSD, once thought to be a temporary entity, will be further solidified by the tax’s approval because it will provide new multi-million dollar yearly revenue stream. Proponents see that as a good thing because each entity will have control and a closer sense of responsibility over the money needed to repair its schools. But opponents who would like to see a reunified school system some day under the local board – and the phasing out of the RSD – see this as deeper bureaucratic entrenchment.

When the Recovery School District takes over a failing school, responsibility and maintenance of that school’s campus goes with it. In the fall of 2005, the RSD took control of more than 100 schools deemed failing. With the start of this school year, the RSD became the first district in the country in which every school is a charter; there are 57 charters now under its general oversight in the city.

After Hurricane Katrina, the federal government provided $1.8 billion to rebuild New Orleans schools, but even that wasn’t enough to cover all the costs for a long-neglected system, let alone set any money aside for continuing maintenance and inevitable replacement costs or major problems. The ballot proposition would provide nearly $15 million a year to be set aside for that purpose, for 10 years.

If approved, the proposition on Saturday’s ballot would extend an existing property tax for bond debt and rededicate the money to school maintenance as the debt is gradually paid down over the next few years.

For now, the fight over the signs seems to have been partly resolved after a Monday meeting between the lawyers in the case. School Board attorney Bill Aaron said the district would remove the banners from its six traditionally run public schools. But Aaron did not speak for charter schools authorized by the School Board or for Recovery School District charters.

Zanders, the lawyer for the plaintiff, Justice and Beyond, still maintains that the School Board should hold its charters accountable for breaking the law. Although the case does not specifically address election law, political signage is prohibited within 600 feet of a polling place, which many schools are.

“I saw 14 charter schools violating state law and I still to this day maintain that the Orleans Parish School Board should be held accountable for those charter schools [that it authorized] that were violating the election law,” he said.

Zanders put out a news release Thursday saying that a subsequent Thursday court hearing was unnecessary because he was assured the signs had been taken down.

Zanders has been involved in civil-rights and election-related lawsuits over his decades of practice, but he said this one stood out.

“In all of my years in New Orleans…I had never seen signs on public schools that were promoting a yes vote, clearly promoting a yes vote,” he said.

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  • NolaNola70115

    Let’s not conflate issues. The millage vote is not a referendum on the RSD. It’s about whether or not we as a city care enough about our children to fund the maintenance of their school buildings. If we want future generations of children to benefit from the $2 billion in school construction and renovation funded by FEMA, we must vote yes. The alternate is returning our schools to the state of disrepair and unsafe conditions that existed before Katrina.

  • nickelndime

    The election signs are “selling” children – our children – not building maintenance. Just this week, the LAPCS sent out emails with Kathleen Padian, the Deputy Superintendent of Charter Schools of the OPSB, with a photo of children from an OPSB-authorized charter school (Plessy) endorsing the vote. Judge Tiffany Chase should have taken a more informed position and ordered ALL of the signs removed – immediately. Caroline Roemer Shirley’s LAPCS should NOT have been removed from the suit. It was her 501(c)(3) nonprofit LAPCS that paid for the signage. I guess they are patting Lee C. Reid on the back – again! Yes, corruption and political patronage is alive and well in New Orleans, and it doesn’t look like it or the RSD is going away any time soon. OPSB employees can remain on the District payroll and work, not only behind the scenes, but also in front of the camera, as Kathleen Padian has done. The RSD wants to ensure a revenue stream through 2025. The signs should not have been posted on public school campuses. The OPSB cannot/will not impose sanctions on its charter schools, as it continues to employ central office administrators who support the RSD and who are undermining (a house divided…) the return of schools to local control (OPSB). These individuals cannot be fired because the vote always comes up 4 to 3, and firing a superintendent requires a super majority of 5. It is quite obvious that four of these school board members want to keep Padian employed and they are quite happy with the manner im which the State-RSD retains control of school canpuses, including John Mac. 12/05/2014 11:14 AM