Kay Smith's Record at HCDE

Kay Smith, a former Harris County Department of Education (HCDE) Trustee, is now running in the Republican Primary for the Texas Legislature - HD 130.

I am a citizen watchdog over HCDE so I have been receiving numerous requests for a summary of her HCDE voting record.

I don’t live in HD130 and I have never met her opponent. I don’t have a dog in this fight. But I am a conservative who believes the voters in HD130 deserve the facts so they can decide which candidate best represents their values.

Note: For those who are not familiar with HCDE, you need to understand that Harris County School Trustees are the ONLY school board in the State of Texas elected by political party. They are a leftover entity from a past era in Texas education when counties ran the public schools. Every other county in Texas (except Dallas) closed their county board of education when all students moved into our current Independent School District (ISD) system. HCDE collects about $21 million in property taxes every year, over and above what is collected in ISD taxes. There has been a growing effort by conservatives in the past few years to close HCDE.

The top five points I think conservative voters in HD130 need to know about Kay Smith’s record at HCDE:

#1. Smith’s Votes Changed from Conservative to Liberal

For the first two years on the HCDE Board, the majority of Smith’s votes were conservative. Many times she was the LONE conservative vote. She often argued eloquently in support of the conservative viewpoint in board discussions.

But in 2015 - she began to vote with the liberals on many key issues such as:

Obama’s expansion of Federal Pre-K – Children from Birth to 3 years old 

In 2013, Smith stood alone on the HCDE board AGAINST Obama’s pre-K expansion to include children from birth to 3 when liberals tried to fund the program under the name “Early to Rise.”

And Smith stood alone AGAINST it again in 2014 when liberals tried to fund it under the name “Preschool Preparedness Initiative Program.”

But Smith completely reversed her conservative
stand in 2015 and voted with the liberals FOR Obama’s “birth to 3” pre-k expansion under the name “Early Head Start.”

And even worse, because two new conservatives had joined her on the board in 2015…had she voted “NO” that day, the vote would have been tied 3-3, and the agenda item would NOT have passed.

Watch the discussion and vote below.

During the discussion, Smith seemed swayed by fellow board member Erica Lee Carter (daughter of Congresswoman Sheila Jackson Lee) who told Smith that Gov. Abbott supported the Federal Head Start expansion to include children from birth. After that, Smith went so far as to say, “...I think it is wonderful. Anything we can do for our children..." 

But Gov. Abbott’s pre-k plan is not from birth, it is for 4 year olds. It is not a Federal program, it is State based. And he is critical of Head Start. A quote from Gov. Abbott’s Texas Pre-k Plan reads:

“Recommendation: Given the established deficiencies in the Head Start program, develop a strategic plan to encourage parents of eligible four-year-old children to enroll their children in state-based prekindergarten programs, rather than Head Start.”

And, the federal grant application Smith approved was to serve 100 children for a 1 YEAR period at a price of $27,687.05 PER CHILD - an amount the conservative Smith would have sternly challenged 2 years earlier.

Taxpayer funded lobbyists “political consultants”

During her first two years at HCDE, Smith voted AGAINST HCDE hiring lobbyists and/or political consultants to fight against the Legislature working to close HCDE. 

But in 2015, Smith argued against HCDE's need to renew Pat Strong's contract, before surrendering her conservative stand and voting with the liberals FOR renewing Pat Strong’s contract ...for up to 5 years ... at a cost to Harris County taxpayers of $80,000+ per year.

View the full board discussion which convinced Smith to surrender below:

Who is Pat Strong? A super liberal lobbyist “political consultant” who works for Democrat campaigns such as County Attorney Vince Ryan and Mayor Sylvester Turner. An example of her work at HCDE in 2014:

A conference call between the Wendy Davis Campaign and HCDE administrators, board members and “consultants.”

Manipulation of Government Contracting

In 2013, Smith questioned the HCDE administration over its manipulation of government contracting in order to run the statewide Central Operations of the Texas Virtual School Network (TxVSN.) She was the LONE vote AGAINST continuing the contract. 

 Watch the 2013 board discussion and vote here.

But, by 2015, Smith surrendered her conservative stand and voted with the liberals FOR a two year extension of the same contract, as the two new conservative board members voted AGAINST.

21st Century Community Learning Centers

21st Century Community Learning Centers is a federal grant program issued through the states, designed to substitute school for family and church as the center of children’s lives.

In 2013, Smith was the LONE conservative vote AGAINST funds for HCDE’s 21st Century Learning Centers division called CASE.

But by 2014, Smith caved and voted with the liberals FOR funding CASE - HCDE’s 21st Century Learning Centers division.




Head Start

In 2013, Smith was the LONE conservative vote AGAINST HCDE continuing as a service provider for the Federal Head Start program.

By 2015, Smith was voting with the liberals FOR HCDE to expand their Federal Head Start program.





Note: These are just a few examples of Smith's HCDE voting record. You can read the entire HCDE board meeting minutes here. 

#2. Smith Stayed Silent

During her first two years at HCDE, Smith often spoke out on issues of concern to conservatives. But there were also many times when she remained silent. For example:

Family Planning Services provided through schools

Smith remained silent when HCDE’s Administration informed the Board that medical services, including “family planning,” would be provided through their ten Head Start schools.

Funneling grant funds to liberal organizations

Smith remained silent when HCDE’s Administration informed the Board of the funds HCDE was providing to organizations which actively push the liberal agenda such as...

Texans Together Education Fund, better known to conservatives as, ACORN.







And a Syrian Refugee service provider with ties to CAIR.








Choice of Attorney

Smith has remained silent about HCDE’s selection of their board attorney, Sarah Weber Langlois, whose claim to fame in her bio is her comment published in the Loyola Law Review in 2005 entitled:

DISMANTLING THE DICTATED MORAL CODE:

MODIFYING LOUISIANA'S IN VITRO FERTILIZATION
STATUTES TO PROTECT PATIENTS' PROCREATIVE LIBERTY

Christmas and Easter not named on HCDE work/holiday calendar

In 2015, Smith did NOT stand with the two new conservatives to support naming holidays, such as Christmas and Easter, on the HCDE work/holiday calendar. 

Instead she refrained from debate and ABSTAINED from the vote.

Watch the video of the discussion and vote here

Below is the HCDE work calendar WITHOUT holidays named and the Humble ISD calendar WITH school holidays named.

Humble ISD Calendar	HCDE Calendar

#3. Smith a NO SHOW

Smith promised many of us in her campaign for HCDE in 2012 that she would work with the Legislature to shut HCDE down. But while she was a Trustee, the Texas Legislative held three hearings on HCDE. 

Smith was a NO SHOW at ALL THREE.

1. HB 945 -  Hearing held 4/16/2013
2. Interim Study - Hearing held 10/16/2014
3. SB 1216 - Hearing held 4/28/2015

#4. Accepted favors from HCDE’s Administration at taxpayers’ expense. 

In the summer of 2014, Smith started a 501(c)(3) called Hero and Friend.   
(Note: SOS filing under Smith Street Corp)

The Board of Advisors includes:

HCDE Board President, Angie Chesnut
and the wife of HCDE Board Member
Marvin Morris

On 9/9/14, Hero and Friend filed a Conflict of Interest Questionnaire in order to do business with HCDE.

Hero and Friend hosted a program at HCDE’s Conference Center paid for by the taxpayers

On 1/16/15 Hero and Friend hosted a program at the HCDE Conference Center.

HCDE could not produce any records showing any written agreement or payments made by Smith for use of the space.



But HCDE did produce records showing how the taxpayers funded the event:

Security officer paid for 5 hours;
billed to the taxpayers as:

  “after-hours HCDE Board Meeting”

Two Custodians, each earning 8.15 overtime hours, paid by the taxpayers; both listing the overtime purpose as:

                           “Kay Smith” 

View all documents here

6.15 overtime hours for Maintenance paid for by the taxpayers; “for Kay S” scratched out as the overtime purpose.

View all documents here.

Technology helpdesk analyst overtime paid for by the taxpayers; no purpose given.

View all documents here.

Taxpayers paid Smith’s Grant Writing Registration Fees

Records show HCDE’s Superintendent used his HCDE credit card to pay Kay Smith’s registration fee for a seminar held by the Center for Grants Development on 4/22/15. The topic was how to create a grants acquisition program.

Records show her registration was billed to the taxpayers under the budget codes for “Superintendents Office – Workshop registration and fees.”

Had Smith paid as a private citizen the cost would have been $45.00. The Superintendent paid the reduced rate of $25 for Smith’s registration because Smith was listed as an “HCDE Employee.”  View all documents here


I requested documents showing Smith
had reimbursed HCDE,
but HCDE did not have any such documents.




#5. Resignation

Smith was elected to a 6 year term on HCDE’s board in 2012 and took office 1/2013.

She resigned 11/30/15, 3 years before her term expired.

In her statement to the Board, she states the reason for her resignation is the amount of time her run for the Legislature is taking. Quote:

“…because there are certain people who have worked very hard to see that I don’t get elected…those detractors, on a daily basis, seem to make some sort of effort through either half-truths, innuendos, or out-and-out-lies…I have been combating all of these…”

View her entire statement below:

Questions for the voters of HD 130 :

1. If Smith abandoned her conservative position to vote with the liberals on key issues at HCDE, will she do the same in the Legislature?
2. If Smith stayed silent on issues at HCDE, will she stay silent in Austin?
3. If Smith did not show up for ANY of the three Legislative hearings on HCDE, will she show up to fight for your important issues?
4. If Smith accepted favors from HCDE administrators at taxpayers’ expense, will she accept favors from lobbyists?
5. If Smith doesn’t have time to attend one meeting per month at HCDE now because she is campaigning for the Legislature, will she have time to fulfill her duties as a State Rep and campaign for re-election? 
6. If Smith is so upset by “detractors” in a campaign for the Legislature, will she be able to handle the CONSTANT bombardment of statewide critics of her every vote and her every statement as a Legislator?

Colleen Vera
colleen@TexasTrashTalk.com

State Audit shows HCDE needs a Sunset Review

In 2013, Rep. Riddle asked the State Auditor’s Office to audit HCDE. The results were released in September of 2015.

The audit confirms the findings by Susan Carroll of the Houston Chronicle showing HCDE’s administration has paid hundreds of thousands of dollars in extra employee stipends for years. But the employee stipends identified in the audit were even greater than Carroll found - $871,610 from 2012-2014 . Of the stipends tested by the auditors, 40% were paid without Board knowledge or approval.

The audit identified multiple issues with HCDE’s contract to run the Central Operations of the Texas Virtual School Network.

And a quote from the audit confirms what conservatives have been saying for years:

“The majority of property tax revenue was allocated for internal expenses related to the Department’s operations and technology support services.”

In other words: HCDE collects a property tax to support itself…not Harris County students.

But…look a little deeper… and you will see what this audit really confirmed …

That Sen Bettencourt and

Sen Garcia were right when

they sponsored SB1216 last session.

A review of HCDE’s programs
and functions by the Sunset
Commission is clearly needed.


To understand why, I’ll borrow a famous line from Paul Harvey’s old radio show…

"…and now for the rest of the story…”

This audit reviewed state funds HCDE received from 2012-2014 to operate three grant programs to make sure the funds were properly used for those programs.

1. Early Childhood Intervention (ECI) – which provides services for local families with children, birth to three years, who have disabilities and/or developmental delays.

2. Texas LEARNS – Statewide adult education administered by HCDE for the Texas Education Agency (TEA)

3. Central Operations of the Texas Virtual School Network (TXVSN) – Online courses for Texas students across the state.

First: Audit reported funds for ECI were properly used

But, what did the audit NOT report about ECI that a Sunset Review would?

HCDE was so incompetent in the ECI program, that in December 2014, the State transferred HCDE’s ECI clients to new ECI providers: MHMRA and Easter Seals.

Records show HCDE was first flagged by the State for ECI noncompliance issues in Feb of 2013 and given multiple opportunities to fix their problems. 

For example, in their first review, the State found that 49% of individualized plans for HCDE’s ECI clients “did not include measurable outcomes expected to be achieved for the child and family.”

After giving HCDE time to fix the problem, a follow up review by the State showed

HCDE’s noncompliance at 47% - only a 2 percentage point improvement.


(Read the series of letters from DARS to HCDE outlining the issues: here)

So, a financial audit found no problems with state ECI funds in 2012-2014. But, a Sunset Review would have identified HCDE’s inability to provide adequate ECI services in 2012-2014 which led to HCDE no longer serving as an ECI contractor in 2015.

A Sunset Review would also evaluate the appropriateness of HCDE charging Harris County taxpayers $132,911 in 2015 to clean up the mess HCDE had made with ECI.

Second: Audit reports funds for Texas LEARNS properly used

But what did the audit NOT report that a 2013 Sunset Review of the Texas Education Agency (TEA) did?

The 2013 Sunset Commission Report on TEA recommended changes to adult education to make it more productive.

“Transfer responsibility for adult education from TEA to the Texas Workforce Commission. This recommendation would ensure more effective oversight and more targeted use of Texas’ adult education funds by requiring TWC to administer the program... TWC should bring the grant administration function in-house as soon as practical after Harris County Department of Education’s contract expires in August 2013.”

So, a financial audit found no problems with HCDE’s use of state Texas LEARNS funds in 2012-2014. But, a Sunset Review did recommend that HCDE no longer contract as the statewide administrator of the program. And the Legislature followed the Commission’s advice. In 2015, HCDE no longer administers Texas LEARNS for TEA.

(Read the Full 2013 Sunset Commission Report on TEA (pages 21-27):here

Third: Audit found need for improvement in managing funds for TxVSN

The audit did find problems in 2012-2014 with the program that HCDE still administers across the State today - The Texas Virtual School Network (TxVSN.) Examples from the audit:

1. HCDE could NOT provide documentation for $360,906 charged to TxVSN for IT staff salary expenses 
2. HCDE could NOT provide documentation for $491,531 charged to TxVSN for maintenance and support by HCDE staff for a server, storage, and an operating system. 
3. HCDE could NOT provide documentation for $86,315 for building improvements to house TxVSN 
4. HCDE overcharged the TxVSN contract $24,576 in 2013 for space allocated to TxVSN operations 
5. HCDE charged $2,184 for non-travel-related food to TxVSN even though it is not an allowable expense item 
6. HCDE Allocated $90,000 in 2013 specifically to expand an emergency alert system; however, that expansion was not performed. HCDE fully expended that $90,000 for purposes other than the purpose for which that funding was budgeted.

In short: The audit found issues with 25% of the funds HCDE received to run the Central Operations of the TxVSN in 2012 alone.


But, what did the audit NOT report that a Sunset Review would?

Just as the Sunset Commission did with Texas LEARNS, it would evaluate TxVSN to see if the current subcontracting scheme established by TEA follows the intent of the Legislature as well as provides the best use of funds and manpower to serve the students of Texas.

Unlike the State Auditor’s office, the Sunset Commission is open and transparent. The Commission not only asks for public input, it holds public hearings so all issues can be openly discussed.


Why would that matter? Here is an example:

The audit reported that HCDE:

• “did not allocate property tax revenue to…the Texas Virtual School Network.”
• charged $2,184 for non-travel-related food to TxVSN even though it is not an allowable expense item

But, with the public’s help, the Sunset Commission would look deeper and find that HCDE DID (AND STILL DOES) USE LOCAL PROPERTY TAX FUNDS TO SUPPORT TxVSN and to purchase food for TxVSN meetings.

Records show HCDE used tax funds allocated for “General Administration - Chief Information Officer” for Jim Schul (CIO) to travel across the State representing TxVSN... 

and to purchase food for TxVSN.

Jim Schul’s salary and his entire department budget is paid with Harris County property tax funds. 


Yet, HCDE is using him to work for TxVSN. 







His HCDE job description even includes: “Provide Leadership and Direction for the Texas Virtual School Network.”






So, a financial audit found HCDE did not "allocate” property tax revenue to the TxVSN, but with public input, a Sunset Review would outline exactly how HCDE “redistributes” property tax funds to support not only TxVSN, but other non-Harris-County-specific programs such as Choice Partners Cooperative and Head Start as well.

HCDE "redistributes" tax funds to these programs by giving "free" services for "research and evaluation" as well as "communications and public information"... 











...through two other HCDE departments funded with over
$1 MILLION in local property taxes in 2015 alone. 

But more importantly for the taxpayers of Harris County, the Sunset Commission would evaluate HCDE’s total operation to determine if it operates the way the Legislature intended County School Trustees to function, as well as if the tax they collect is being used the way the Legislature intended – for the “maintenance of Harris County Public Free Schools.” 

The Sunset Commission would take into account Attorney General Opinions issued over the years, such as:

• #JC-0055 which states: HCDE’s tax funds “are distributed by the county department of education according to the provisions of section 18.14 of the Education Code”- which means directly to the ISDs of the Harris County.

• #V-759 which states: “The county superintendent's duties are confined by statute to various matters pertaining to the public free school system in his county. " 

“The Rest of the Story”

HCDE is so afraid of a Sunset Review that they used county education funds to hire lobbyists, political consultants, law firms, PR specialists, and a host of other “consultants” to fight against SB1216.




In fact, HCDE is so afraid of the public knowing what their Board attorney did to earn $21,304.35 fighting against SB1216, HCDE went to the Texas Attorney General to block release of their attorney billing records related to SB1216.



What is HCDE fighting so hard to hide from the Sunset Commission?

A Sunset Review looks at the entire entity, its original purpose, performance, and duplication of services provided by other entities, etc. - all to evaluate the continued need for the entity.

What was HCDE’s Original Purpose?

HCDE was established in 1889 to operate all the public schools in Harris County. But they haven’t had that responsibility in over 50 years…so… they surely don’t want that discussed by the Sunset Commission.

What about HCDE’s Performance?

Two of the three programs reviewed by the state audit no longer exist at HCDE because of performance issues. .. so…they surely don’t want that discussed by the Sunset Commission.

What about HCDE’s Duplication of Services?

Some say HCDE uses local tax dollars to duplicate what our state tax dollars are supposed to provide through our regional Education Service Centers (ESC). 

 Even the third grant program just audited at HCDE, Central Operations of the Texas Virtual School Network, is outlined in Texas Education Code Sec. 30A.052 this way:

“The commissioner shall(2) contract with

 a regional education service center 

for the service center to operate the network.”

The Commissioner Rule 70.1001(5) defines TxVSN Central Operations as:

"The regional education service center

that carries out the day-to-day operations

of the TxVSN..."

Part of the Job Description of HCDE’s Chief Information Officer is to “provide leadership and direction for TxVSN.” 

The current job posting for the position of:

 “Director of the TxVSN”

 is not on an ESC site…

...it is on HCDE’s website.

Looks like HCDE does duplicate the statewide work of the ESCs, but is supported with local property taxes…so…they surely don’t want that discussed by the Sunset Commission.

Makes sense to me now why HCDE fought so hard against SB1216. They are simply terrified of an objective review of their operations and performance before the Texas Legislature – the people who can close their doors once and for all.

Colleen Vera

colleen@TexasTrashTalk.com