Wednesday, August 26, 2020

Food Fight!!!

State Auditor Shad White and Education Superintendent Dr. Carey Wright are having a bit of a go at it right now.  The fireworks began when Mr. White questioned the use of CARES Act funds for technology expenses such as computers in a letter sent to Speaker of the House Phillip Gunn and Leftenent Governor Delbert Hosemann last week:


I have concerns that the Mississippi  Department of Education (MDE) has ignored state law and made it more difficult for schools to purchase technology  using the Coronavirus  Relief Funds (CARES Act) appropriated  by the Legislature.

In Senate Bill 3044, which  is now law, MDE was given the responsibility of administering a program to provide funds to school districts for computers and other technology. The funding for the program  came from COVID-19 stimulus dollars. The goal was to help schools expand distance learning capabilities.

In the law, MDE is to set up an Express Product List (EPL). That EPL is a list of approved technology vendors. Ideally, MDE would hold an open competition  where computer companies compete to offer the lowest prices for the best technology  in order to be placed on the list. School districts could then choose to buy technology from the companies on that list, and MDE would  reimburse the districts for the cost of the technology.

The Legislature expressly authorized school districts to purchase technology outside the EPL, too, though. Buying off MDE's  approved  vendor list was simply an option. Section 7(c) of the law states that school districts can buy from companies that are not on the EPL as long as the purchases meet certain criteria. The law states that a "school shall ...   purchase products from  vendors listed on the EPL, if using funds under this grant program, unless the school can demonstrate ...  " that it has met a list of criteria (emphasis added).

The Office of the State Auditor has learned that MDE has decided that no school-regardless of whether they meet the criteria-may  purchase technology outside MDE's preferred  list and be reimbursed. MDE has stated  that, "after the MDE enters into the contracts [with companies on the EPL], districts should not purchase items on the EPL from other vendors." In MDE's guidance to districts, MDE stated schools "shall ...   purchase products from  vendors listed on the Express Product List."

MDE's position contradicts state law. The law clearly gives districts the flexibility to buy outside of MDE's  list. Robbing districts of this flexibility  will slow down their ability to buy computers for students who may need to learn at home. Multiple districts have contacted  my office about this issue. Two districts have informed  us that buying from MDE's  favored vendors will cost tens of thousands of dollars more than they would otherwise have to spend.

Dr. Wright took none too kindly to the public criticism:

The Mississippi Department of Education (MDE) disputes State Auditor Shad White’s claims that the agency is ignoring state law in its implementation of the Equity in Distance Learning Act (SB 3044) and is making it difficult for districts to purchase technology for students.


“Mr. White’s August 24, 2020 letter to state leaders and lawmakers is inaccurate and devoid of all context about the intent of this law,” said Dr. Carey Wright, state superintendent of education. “The MDE is implementing SB 3044 with fidelity and has been working diligently on behalf of districts to ensure every student in Mississippi is equipped with the technology to learn at school or at home. At no point did Mr. White contact me about his concerns.”


The Equity in Distance Learning Act provides $150 million to school districts to pay for computer devices for students and teachers, software to deliver instruction, enhanced internet connectivity and professional development for digital teaching and learning.



The law directs the MDE to develop a system for districts to purchase technology within a statewide bulk plan to ensure the best price, quality and on-time delivery. Devices purchased through the Equity in Distance Learning Act will have all software, security and support features built in and configured for immediate use.



As the law dictates, the bulk purchase system maximizes the buying power of Mississippi as a state and ensures all public-school students will receive computer devices before the deadlines set by the law.



The MDE has been working with districts since June to determine their digital technology needs. In accordance with the law, the MDE developed a statewide digital learning plan based on the needs districts documented in June. Districts were given the opportunity to modify their needs by July 31 before finalizing the list of devices they intended to order. After that, the MDE selected vendors and negotiated bulk pricing on behalf of districts.



“Though the law allowed the MDE to secure the devices through an emergency procurement, we went above and beyond the law by seeking bids from multiple vendors through a competitive process,” Wright said.



Four vendors submitted bids. An outside group of technology experts evaluated the bids and selected CDW-Government to supply districts with devices through an Express Products List (EPL). Apple was also included on the EPL as an emergency procurement. CDW-Government and Apple are the only companies that met all MDE requirements for the program.



Products can only be secured from vendors not on the EPL if the school can demonstrate to the MDE that the products include the software, security and support features of products on the EPL, meet or exceed the technological specification and functionality required by the MDE, and can be purchased at a price that is less than any of the prices listed on the EPL for a comparable product. The law requires computer devices to be delivered within the deadline for school districts to be reimbursed for their cost.



“The intent of the legislation is for MDE to use the buying power of the state so individual school districts are not competing against each other to find a vendor who can guarantee delivery of computers by within the deadline set by the law,” said Dr. Jason Dean, chairman of the Mississippi State Board of Education. “School districts around the country are having their computer deliveries delayed because millions of people around the world are all trying to buy computers at the same time.”



According to the Associated Press, the world’s three biggest computer companies, Lenovo, HP and Dell, have told school districts around the country they have a shortage of nearly 5 million laptops, in some cases exacerbated by U.S. sanctions on Chinese suppliers.



“The MDE’s digital learning plan was designed to ensure equity by guaranteeing that every student in Mississippi would be provided with a digital device that was configured and supported to help them be successful,” Wright said. “If districts are forced to compete against each other, there will be winners and losers.”
Mr. White didn't take that pitch but instead took a swing:

“Yesterday my team and I wrote a letter that pointed out that the Mississippi Department of Education (MDE) was ignoring the law on COVID-19 stimulus money for technology.

Again, as the letter stated, MDE told schools that schools ‘shall . . . purchase products from vendors listed on the Express Product List.’ This contradicts the law. And I didn’t make those words up. Those are MDE’s words. We have multiple documents showing this, along with emails from MDE confirming that this was their position, along with accounts from several local superintendents who were told this. Facts are stubborn things.

Today MDE wrote a press release finally acknowledging that schools do not have to buy from MDE’s preferred vendors. I’m glad they changed their position, even if it did take them being called on the carpet. I hope this will give school districts at least some flexibility to buy outside of MDE’s favored vendor list.”
  Kingfish note: Given Dr. Wright's penchant for no-bid contracts and awarding sweetheart deals to her friends, JJ is more inclined to believe the State Auditor on this one. 


36 comments:

Anonymous said...

I live it when the right turns on themselves. A little white on wright crime.

Anonymous said...

I don't know if Shadrick E. Neuman is correctly interpreting the legislation or not; but, I do know that he is a grand-standing asshole.

Anonymous said...

Attn. 12:11 Let me guess! You are a product of the Mississippi public education system.

Anonymous said...

This ordeal is NOT all the MDE needs to be challenged on. Stay tuned!

Anonymous said...

Grand-standing asshole or not, it's a breath of fresh air to see Shad or any other elected official in this state try to root out some of the corruption in government, especially the MDE. @12:15, you must be part of the good ole boy gubmint system. Shad is no dummy, and dollars to doughnuts, he's done his homework on the legislation. I hope he can find a way to run that carpetbagger Dr. Wright clean out of this state!

Paul Mitchell said...

Why would Miss-Ed try to force local districts to purchase vastly higher priced MacApple products to run Google Classroom? Wouldn't you tend to purchase electronics with the very OS that is open-sourced and developed by the people that developed and host GOOGLE classroom?

Or in the very least, instead of mandating a sole-source vendor with a proprietary OS and very limited apps, it seems like you would open the bid process to the overwhelming majority of the communications market, which would include Windows or Android equipment.

Just curious.

Burke said...

Carey Wright is not used to being spotlighted by someone as smart and competent as Shad White. She had best cut her losses and fix the problem pronto.

I keep thinking that the State Auditor is too good to be true, but he keeps proving me wrong. What a relief.

Anonymous said...

12:11....why in the world would you think MED and its well-paid commissioner is part of the right??

Anonymous said...

"At no point did Mr. White contact me about his concerns"....tells me all I need to know. Shad is playing politics on behalf of some other state official who is scared to cross Wright (which is pretty much every other state official except Tate).

Anonymous said...

" Carey Wright is not used to being spotlighted "

The more this woman crows . . . the more spotlights will be focused on her.

BTW, is her's an elected or appointed position?

Anonymous said...

To be honest, MDE is in a "damned if you do, damned if you don't" situation here. Anyone who has followed Sen Polk's crusade to create a massive government purchasing bureaucracy would know that they would be beat up by him for not doing this. Just gives Shad another chance to cherry pick grandstanding.

Anonymous said...

Wright is bad news and when a special vendor is required look for payoffs to someone.

Anonymous said...

Is this the same woman who contracted millions with her prior work-associates and business partners in Maryland, or wherever? This woman needs to be eradicated. Call Havard Pest Control, tomorrow!

Anonymous said...

A lot of agencies and institutions didn’t get CARES act. Where is that list

Anonymous said...

KF, your siding with Auditor because of MDE's propensity to use no bid contracts evidently completely ignores that this particular issue is based on a competitive bid by MDE compared to local school districts (read - superintendents) wanting to buy without competitive bids.

I disagree with you - as strange as it is, I side with Wright this time over White. Appears to be a case of Shad letting his britches get just a tad bit too big, picking a fight where there shouldn't be one.

Any evidence of these complaining supers showing they can purchase better for less - as is required by the legislation Shad is hiding behind? None that he has offered. What's the beef here other than some local fiefdoms - ah, correct that, districts - wanting to do business with their personal favored vendors.

Think Shad is doing what IG's and Auditors too often want to do - play hindsight and also pretend that they should be the ones running an agency.

Anonymous said...

The woman is untouchable, and, sooner or later we will find out why.

Anonymous said...

@5:57 PM
If Shad is wrong on this one, why did MDE issue info yesterday stating the change?
Explain that one if you can.

Also the auditors are doing their jobs as the state leadership directed them to do. This is NOT just Shad, he just happens to be the spokesperson for a fine team of personnel.

Anonymous said...

Sic 'em Shad!

Anonymous said...

State contract the biggest sham that exists in Mississippi. If you want to build a $200,000 metal storage shed, and you go bid it out to firms on the "qualified list" of state contractors, it will cost you $800,000. The whole process is fixed to keep out the little guy and the big guys don't get competitive unless the deal has 8 zeros. Same goes for technology.

Anonymous said...

" The woman is untouchable "

If you're correct . . . this should be the funniest scandal since Governor Cliff Finch was shot in the ass with rock salt.

(By his wife).

If my memory serves me correctly, I think she caught him in a heart-shaped bathtub at a cheap Batesville motel . . . with an even cheaper girl from somewhere up there.

I still liked Guv Finch.

No other Mississippi Governor could drive a tractor while balancing a lunch box in his lap.

Anonymous said...

Don't keep us in suspense, 6:30. Go ahead and tell us why.

Anonymous said...

736, no you are conflating two different Batesville governor's stories. Cliff was shot in the mansi9n, and not in the ass.

Was claimed to be an aymttack of appendicitis when admitted to UMMC ER.

the other Panolian issue was in the county law library

Anonymous said...

6:55 my comment about auditors and IG's was not directed at Shad individually but at the entire government auditing bureaucracy - which can and does a needed job. But at times they can grossly outrun their coverage. This appears to be one of those cases.

As to the letter Shad says she sent, I couldnt read its contents. Since you evidently know what MDE said that so confirms DSA and condemns MDE,please give us the specifics

Anonymous said...

Statewide there are many teachers who have resigned over this issue. If they didn't have the hardware/software to work from home to match the Mac platforms, they were expected to purchase it.....it was the final straw, so they bolted. It would be interesting to see how many teachers have quit since the Covid farce began. The teacher shortage was already a problem.

Anonymous said...

12:15--It's clear you don't know Shad, and rather than him being an asshole, you are talking out of yours. Shad is actually a pretty humble guy; he just happens to be doing what his job calls for. His situation is similar to that of "Give 'Em Hell" Harry Truman who said, "I don't give them hell; I just tell the truth and it feels like hell to them."

Anonymous said...

Shad has overplayed his hand on this one. Should've at least gave them a call first.

Anonymous said...

To Shadrach the Spotlight Hound: focus on TANF scandal and your mentor's role in it. This MDE stuff is minor league. Play in the bigs, dude.

Anonymous said...

@1:05 am
your comment was directed at Shad, you can twist that if you desire.
Auditing is a required process.
It works and shakes sh** up if needed.
You know this also.
I don't care what MDE said to whom.
I care that that the funding is used correctly , per the law. If it pisses off someone when they are called out. Don't care.
MDE changed their position. There you go.

Anonymous said...

8:12am. Maybe you should go with decaffeinated for a while. If you read the dueling press releases and use 4th grade reading comprehension you would see that he shot off his mouth without asking the ed folks what the deal was first. They said he was wrong and showed how. There YOU go.

Anonymous said...

@8:12
You don't get to tell me what to do or when to do it.
Guess what? HE or any investigator did not have to ask Dr. Wright or anyone affiliated w/ the MDE board anything. It's on the paper trail, documents and actions which were allowed.
That's what auditors look at.
This isn't over w/ MDE.
Watch.....

Anonymous said...

932 , he obviously did not HAVE to tell them anything, or as was suggested TALK to them first , but that is what any good auditor would do in any similar situation.

His job is to ferret out corruption but it is also to improve accountability and operations of state government.

In this case he did not indicate any corruption and he clearly wasn't interested in the improvement charge of his office.

And for the record, I know Shad well and respect him and his abilities. But that doesnt mean I should find him always right and infallible.

Anonymous said...

@11:10
That's great~~
As life and relationships go, we don't always agree with others.
This MDE matter isn't over yet.

Anonymous said...

Where is that letter Shad that you claim proves your point? MDE said in their first response to your grandstanding that districts could purchase from other vendors -if 1,2,and 3. Did their response to your response say differently? Are you suggesting that these individual fiefdoms can buy from another vendor if it is not a lower cost or if it does not contain the specific safeguards and compatibility requirements?

Just what is it that MDE has done wrong here? (And I ask this of you as well KF, since this was not a no-bid contract as you threw in as an aside in your commentary, ignoring that this list was created from a competitive bid)

Damn it is hard for me to defend MDE. And also to xall out Shad. But this looks to me to be much more grandstanding by a politician during a time that all the other politicians are garnering all the headlines.

And - im not upset that some district superintendents are complaining that their hands are tied regarding this sudden influx of new money. Sorry, but i think they are the ones that should be being questioned.

Anonymous said...

Why is Delbert often referred to as "Leftenant?" I understand its a joke but I don't get the joke.

Anonymous said...

"Leftenant" is the British mispronunciation (deliberate) of "Lieutenant."

I Know Nuthiiinnnngg said...

Actually, Dilbert fits the role of Sergeant, better. As in Sergeant Schultz. Will someone tell 2:40 I've correctly spelled sergeant?


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