Montgomery County Joint House and Senate Priorities Hearing
November 15, 2021
Janis Zink Sartucci on behalf of
Parents’ Coalition of Montgomery County, MD
parentscoalitionmc@outlook.com
Montgomery County Public School classroom November 2021
Good evening. Thank you for the opportunity to speak. My name is Janis Zink Sartucci and I am a member of the Parents’ Coalition of Montgomery County, MD.
Formed in 2002, the Parents' Coalition of Montgomery County, Maryland seeks to achieve the goals of coherent, content-rich curriculum standards; high expectations combined with timely remediation and acceleration; a wider range of educational options for parents and children; greater transparency and accountability; and meaningful community input.
Should Major Educational Technology Purchases Be A Surprise?
What happens when a public school system with an annual operating budget of $2.7 Billion dollars is allowed to spend education funding without a public process? The image above shows what happens. The image shows what Montgomery County Public School (MCPS) classrooms look like this fall, as sent to us by MCPS teachers.
MCPS has about 8,100 classrooms. This fall, those classrooms are receiving a new flat panel screen that is being installed in front of the existing Promethean Boards. The Promethean Boards were installed in front of the existing chalkboards and projector screens.
The new flat panel screens now render the existing Promethean Boards unusable. The projector screen is unusable, the chalkboard is unusable, and now the Promethean Board is unusable. Students now look up at the front of their classrooms and see unusable education resources piling up.
How did the flat panel screens arrive? Teachers, the public and even the Board of Education don’t know. BOXLIGHT Interactive Flat Panels are not mentioned anywhere in Montgomery County Board of Education minutes or agendas.
Montgomery County Board of Education search “BOXLIGHT”.
Yet, BOXLIGHT has been announcing their “selection” by MCPS since 2019. BOXLIGHT announced a deal and “pilot” with MCPS back in 2019, yet no mention of this deal or the “pilot” of this product has appeared in Board of Education minutes. (See Appendix A)
Currently, Maryland law allows public school administrators to spend tens of millions of dollars without Requests for Proposals, bids, public notice or even votes of our Boards of Education.
About $45 million dollars of functional, paid for education resources are now unusable because of the lack of a public process. Classroom floor space is also now diminished as each new piece of equipment is being installed in front of the previous equipment.
This lack of a public process means that this fall MCPS teachers have had to re-tool their lesson plans overnight. One day they were teaching on Promethean Boards, the next day they had to learn how to use the BOXLIGHT screen. Is changing how a teacher presents curriculum to students overnight, mid-year an educational best practice?
Consider how it would be if I took each of your laptops right now, rendered them unusable and handed you a new laptop. Would you be able to continue this session immediately? That is what is being expected of MCPS teachers this fall.
Montgomery County Inspector General Confirmed Competitive Bids not Required under Maryland Law, Administrators Can Give Their Word They Picked Product, and Used Pricing of Other Agencies.
Back in 2008, I uncovered the purchase of about $20 million dollars of Promethean Boards made without Board of Education discussion or vote, without Requests for Proposals (RFPs) or competitive bids. My investigation was validated by a November 30, 2013, Report from the Montgomery County Inspector General, OIG Report Number: 14-002. (Appendix B)
The Montgomery County Inspector General confirmed that Maryland law permits MCPS administrators to spend tens of millions of dollars without competitive bids, Requests for Proposals or even a public vote of the Board of Education. All those administrators have to do is say they have selected one product and looked at the pricing others obtained. No actual documentation is required beyond their word.
The Promethean Boards were purchased one or two at a time with invoices, thus avoiding the triggering of §5-112(b). (Appendix C) From the 2013 Inspector General’s Report we know that Maryland law does not require documentation for the selection of a sole source supplier deemed the “technology standard.” Maryland law also does not require documentation of the use of other agencies’ deals.
MCPS administrators have found a legal way to keep the Board of Education from knowing about major purchases, or even from voting on these major purchases. The result is now seen in the front of every MCPS classroom. Unusable educational technology is piling up. When the Board of Education is excluded from education purchases, so are teachers, parents and the public.
We know in Maryland these types of surreptitious, no bid education purchases are perfectly legal, but are they the best and highest use of precious education dollars? Might it be time for the legislature to address these expenditures?
What do children that sit in these classrooms think when they look up and see the front of their classrooms piling up with unused technology and resources?
Minority Businesses left out of surreptitious procurements.
When the Maryland legislature passed Md. Code, Art. § 5-1129(d), the Minority businesses utilization program in Montgomery County, they limited that section to the competitive bid process. MCPS can easily skirt that law by buying without competitive bids and when they do that there is no requirement for consideration of minority businesses.
Minority business utilization program in Montgomery County
(d)(1) In this subsection, the term “minority business enterprise” has the meaning stated in § 14-301 of the State Finance and Procurement Article.
(2) In Montgomery County, by resolution and by implementing regulations, the Montgomery County Board of Education shall establish a minority business utilization program to facilitate the participation of responsible certified minority business enterprises in contracts awarded by the Montgomery County Board of Education in accordance with competitive bidding procedures.
Unusable educational technology is piling up.
It’s time for the Maryland legislature to close these loopholes and tighten up the public school procurement process. If the legislature doesn’t act soon, there may not be enough room for students in the classrooms amid all of the unusable tech junk.
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Appendix A
MIMIO BOXLIGHT announced deal with MCPS back in 2019, yet no mention of this deal or the “pilot” of this product in Board of Education minutes.
Boxlight Reports Second Quarter 2019 Results
...Key Business Highlights for Q2 2019
Selected for and commenced new implementations in San Diego Unified School District, CA, Montgomery County School District, MD, Guilford County School District, NC, Chesapeake School District, VA, Provo Schools, UT, West Orange Cove Independent School District, TX, Anacortes Schools, WA, Aurora School District, CO, Stonehenge Schools, UK and Owosso Schools, MI…
Boxlight Reports Third Quarter 2019 Results
...Key Business Highlights for Q3 2019
...Continued roll-out implementations with Beaufort County School District, SC; Montgomery County Public Schools, MD; Clayton County Public Schools, GA; San Diego Unified School District, CA; Huntington Beach City School District, CA; Anacortes School District, WA; Aurora Public Schools, CO; and Tangipahoa Parish School System, LA…
https://www.businesswire.com/news/home/20191112005870/en/Boxlight-Reports-Third-Quarter-2019-Results
...We also had Montgomery County that ordered a significant number after an extensive pilot. This is a second round of a purchase that they've done with us...
BOXLIGHT Investor Presentation May 2020
Reference Contract Wins • June 2019 - Montgomery County School District, Maryland, 14th largest school district in U.S. with over 160,000 students
https://s27.q4cdn.com/567304918/files/doc_presentations/2020/05/1/Investor-Presentation-May-2020.pdf
BOXLIGHT Investor Presentation February 2021
June 2019 | Montgomery County School District | 160,000 students | 14th largest district in U.S
https://s27.q4cdn.com/567304918/files/doc_presentations/2021/Boxlight-Feb-2021.pdf
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549
SCHEDULE 14A
June 2021
...To date, our solutions have been sold into over 1.2 million classrooms globally including New York City Public Schools, Broward County Public Schools, San Diego Unified School District, Montgomery County Public Schools, Atlanta Public Schools, Academies Enterprise Trust in England and the Ministry of Education in Jalisco, Mexico, among others….
https://d18rn0p25nwr6d.cloudfront.net/CIK-0001624512/118569da-4e94-4342-b969-1893ef0e9b4e.html
Appendix B
Montgomery County Inspector General
Montgomery County Public Schools’ Acquisition of Promethean Interactive Classroom Technology OIG Report Number: 14-002 November 30, 2013
What We Recommended We conducted this review while the Promethean procurement process was ongoing and we were prepared to alert MCPS of any potential problems or concerns. Based on our review, no recommendations were made. However, we did notify MCPS that lack of documentation supporting a standard may be subject to challenges by stakeholders and competing vendors, and could even present appearances of improper financial relationships
Appendix C
Effective: June 1, 2018
MD Code, Education, § 5-112
§ 5-112. Contracts for school buildings, improvements, or supplies
Currentness
Application of section
(a) This section does not apply to:
(1) Contracts for the purchase of books and other materials of instruction as defined in the State Department of Education Financial Reporting Manual;
(2) Emergency repairs; and
(3) Except as provided in subsection (e) of this section, a county board's participation in contracts for goods or commodities that are awarded by other public agencies or by intergovernmental purchasing organizations if the lead agency for the contract follows public bidding procedures.
Bids required if costs of school building, improvement, supplies, or equipment more than $25,000
(b)(1) Except as provided in paragraph (2) of this subsection, if the cost of any school building, improvement, supplies, or equipment is more than $25,000, the county board, at least 2 weeks before bids are to be filed, shall advertise for bids in a medium accessible to the general public, which includes:
(i) A newspaper of general circulation in the region;
(ii) The Maryland Contract Weekly or comparable State publication; or
(iii) An electronic posting on a bid board and physical posting on the local school system bid board.
(2) If the amount specified in paragraph (1) of this subsection differs from the amount in § 13-109(a) of the State Finance and Procurement Article, the amount in § 13-109(a) of the State Finance and Procurement Article shall apply under paragraph (1) of this subsection.
(3)(i) The county board shall draft specifications that provide a clear and accurate description of the functional characteristics or the nature of an item to be procured, without modifying the county board's requirements.
(ii) The specifications may:
1. Include a statement of any of the county board's requirements; and
2. Provide for the submission of samples, inspection, or testing of the item before procurement.
(4)(i) Except as provided in subparagraph (ii) of this paragraph, specifications that use one or more manufacturer's product to describe the standard of quality, performance, or other characteristics needed to meet the county board's requirements, must allow for the submission of equivalent products.
(ii) Subparagraph (i) of this paragraph does not apply if the county board determines in the written specification that:
1. A particular manufacturer's product is required to maintain compatibility of service or equipment;
2. A particular manufacturer's product is required to meet the health needs of students;
3. Replacement parts or maintenance are a paramount consideration; or
4. A product is purchased for resale.
Contracts for school building, improvements, or supplies awarded to lowest bidder
(c)(1) A contract for the school building, improvements, supplies, or other equipment shall be awarded to the responsible bidder who provides the best value and conforms to specifications with consideration given to:
(i) The quantities involved;
(ii) The time required for delivery;
(iii) The purpose for which required;
(iv) The competency and responsibility of the bidder;
(v) The ability of the bidder to perform satisfactory service;
(vi) The plan for utilization of minority contractors; and
(vii) The price offered by the bidder.
(2) The county board may reject any and all bids and readvertise for other bids.
Minority business utilization program in Montgomery County
(d)(1) In this subsection, the term “minority business enterprise” has the meaning stated in § 14-301 of the State Finance and Procurement Article.
(2) In Montgomery County, by resolution and by implementing regulations, the Montgomery County Board of Education shall establish a minority business utilization program to facilitate the participation of responsible certified minority business enterprises in contracts awarded by the Montgomery County Board of Education in accordance with competitive bidding procedures.
...
Bulk purchasing, bundling, and intergovernmental purchasing
(h)(1) A county board is encouraged, consistent with competitive bidding, to use bulk purchasing, bundling, and intergovernmental purchasing.
(2) A county board may bundle, for approval and procurement purposes:
(i) Similar systemic renovation projects at different schools; and
(ii) Interrelated systemic projects at a single school.
Contracts void if made in violation of section
(i) A contract entered into or purchase made in violation of this section is void.
Credits
Added as Education § 5-110 by Acts 1978, c. 22, § 2, eff. July 1, 1978. Amended by Acts 1980, c. 720; Acts 1984, c. 114; Acts 1987, c. 502, 682; Acts 1988, c. 6, § 1; Acts 1989, c. 5, § 1; Acts 1993, c. 5, § 1; Acts 1993, c. 391; Acts 1994, c. 4, § 1, eff. Feb. 28, 1994; Acts 1994, c. 88, § 2, eff. April 12, 1994; Acts 1994, c. 661, § 2, eff. Oct. 1, 1994. Renumbered as Education § 5-112 by Acts 1996, c. 10, § 16, eff. April 9, 1996. Amended by Acts 1996, c. 46, § 1, eff. Oct. 1, 1996; Acts 1997, c. 105, § 1, eff. June 1, 1997; Acts 2000, c. 208, § 1, eff. July 1, 2000; Acts 2001, c. 545, § 1, eff. Oct. 1, 2001; Acts 2002, c. 170, § 1, eff. Oct. 1, 2002; Acts 2002, c. 171, § 1, eff. Oct. 1, 2002; Acts 2006, c. 95, § 1, eff. July 1, 2006; Acts 2009, c. 454, § 1, eff. Oct. 1, 2009; Acts 2012, c. 566, § 1, eff. July 1, 2012; Acts 2012, c. 567, § 1, eff. July 1, 2012; Acts 2018, c. 14, § 1, eff. June 1, 2018.
Formerly Art. 77, § 123.
MD Code, Education, § 5-112, MD EDUC § 5-112
Current with all legislation from the 2021 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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