MCPS General Counsel Leaves Too. Superintendent Jack R. Smith's New Regime Begins

As Superintendent Jack R. Smith's contract is renewed today for another 4 years, we learn that another top MCPS administrator is gone.

From the Baltimore City Board of School Commissioners February 11, 2020 meeting minutes.

Update: Maine School will Not be Receiving 200+ Tons of Crumb Rubber from WJHS Football Field. Where will it go?

The Parents' Coalition has learned from Sarah Craighead Dedmon the Editor of the Machias Valley News Observer that the school in Maine that was listed as the destination for the 200+ tons of crumb rubber infill removed from the WJHS artificial turf football field will not be receiving the crumb rubber.

MCPS will need to update their plan for the removal of the 200+ tons of crumb rubber removed from the WJHS artificial turf.

Where will it go?

Images from the 200+ tons of crumb rubber removed
from the WJHS artificial turf field. Each bag is 1 ton. 

Fields of Waste: Artificial Turf, Touted as Recycling Fix for Millions of Scrap Tires, Becomes Mounting Disposal Mess. Article Features Investigation by Lyda Astrove of Parents' Coalition

...The turf piles grow

An EPA spokeswoman said in an email the agency “encourages the environmentally appropriate beneficial use of secondary materials, including scrap tires.” She said the agency has not studied disposal of turf fields, and has no information about where the waste ends up. That’s up to state and local governments, she said.

The problem is mounting.

The Synthetic Turf Council, the industry’s main trade group, estimates there are between 12,000 and 13,000 synthetic turf fields in the U.S., with some 1,200 to 1,500 new installations a year. The industry’s pitch is that synthetic turf saves on water and eliminates the need for pesticides, fertilizers or constant mowing. And unlike real grass, the manufactured variety is billed as a year-round surface.

But today, hundreds of fields that were installed in the mid-2000s are at or beyond their estimated eight- to 10-year life spans. Most of these early fields were made with tire crumb, also known as crumb rubber, a product that has come under intense scrutiny in recent years over fears that tiny tire fragments containing heavy metals and chemicals might be dangerous.

Now these fields are coming out – en masse. In one 2017 report, the Synthetic Turf Council projected that by the end of the decade at least 750 fields will be replaced annually. With the average field containing approximately 40,000 pounds of plastic carpet and 400,000 pounds of infill, according to the report, this means as much as 330 million pounds of waste could require disposal every year.

A parallel turf dilemma is unfolding in soccer-loving Europe. Footage from a recent Dutch documentary, by the news program Zembla, revealed a so-called “turf mountain” in the Netherlands formed by discarded playing fields, graphically illustrating the enormity of the waste problem overseas.

But one expert who was featured in the documentary said in an email to FairWarning that he believed the disposal issue is graver on this side of the ocean.

“It is definitely a MUCH bigger problem in America than in Europe,” said Dennis Andersen, owner of Re-Match, a recycling plant in Denmark that specializes in synthetic turf. “You are not regulated at all with used turf and have massive amounts laying around.”

Disposal issue under wraps

Among American turf sellers and promoters, disposal is a touchy topic.

A truck loaded with used turf from a Montgomery County, Maryland, high school headed last year for its new home on a paintball park 50 miles away (Photo by Lyda Astrove).

Seven large artificial turf companies who market their product in this country declined to be interviewed by FairWarning about disposal, or the recycling programs they say they maintain. FieldTurf, based in Montreal and one of the largest synthetic turf vendors in the U.S., did not answer specific questions but issued a statement, attributed to the Synthetic Turf Council and affirming its members’ commitment to sustainability.

“Our members have found many applications for end of life turf that are commonly found in the marketplace, and they are at the forefront of technology that is expanding end of life turf applications,” the statement said. Turf council president Dan Bond did not return FairWarning’s phone calls or answer questions submitted in writing.

Even among environmentalists, disposal of artificial turf has gotten scant attention, but for a vocal group of parents and activists, including many with roots in the Washington, D.C., area. They are alarmed by some studies calling out the potential health risks of crumb rubber and the exposure of young people to cancer-causing chemicals, lead and other dangerous toxins...

https://www.fairwarning.org/2019/12/fields-of-waste-artificial-turf-mess/

ABC7: Mason added the girl on Snapchat in June and gained her trust over summer break, police allege. In September, the 42yo teacher told the girl he was "interested in her," police add. #MagruderHighSchool

MORE: Mason added the girl on Snapchat in June and gained her trust over summer break, police allege.

In September, the 42yo teacher told the girl he was "interested in her," police add.

In October, Mason "confessed to a family member." That prompted the criminal investigation. pic.twitter.com/WpWfJbMC7c

— Kevin Lewis (@ABC7Kevin) November 21, 2019

School bus camera contract under review in Montgomery Co.

Montgomery County, Maryland, schools plan to renegotiate a contract to put stop arm cameras on its school bus fleet, and the county’s inspector general wants more documentation.

Megan Davey Limarzi, who was appointed inspector general in September, noted the current contract is “slightly unusual.”..

...Glass said he was confused by some of the terms of the contract, and cited redactions in the original agreement...

 https://wtop.com/montgomery-county/2019/11/school-bus-camera-contract-under-review-in-montgomery-county/?fbclid=IwAR0vu6_dfe7MDlhQRg9o0GzqJ9IoUooKFEh_YMgR46R6rDxhEVENKx3KfRc

11/18 TODAY at 2PM Watch as Council Covers Up No Bid Contract That Violates Maryland Law. $18M+ Goes to Vendor, $0 to County. No IG Oversight. No AUDIT.

TODAY at 2PM Watch as Council Covers Up No Bid Contract That Violates Maryland Law. $18M+ Goes to Vendor, $0 to County. No IG Oversight. No AUDIT. https://t.co/QIsahemLzI https://t.co/ffGbcyATLs

— Parents' Coalition (@PCMC1) November 18, 2019

All Committee meetings are televised live, except those indicated below that are on County Cable Montgomery,
streaming live at http://www.montgomerycountymd.gov/council/ondemand/index.html
Videos are archived and available on-demand 24 hours after the meeting concludes.

MCPS Spends Operating Budget $$$ to Fly Administrator to Dallas to meet with ONE Vendor. Contract then Awarded to that vendor without RFP or Competitive Bids. Competitors out of luck. Teachers, buy your own supplies, Directors need Double Scoops at Baskin Robbins. @mcps @mocoboe @MoCoCouncilMD

Double scoop receipt, but no dinner receipt?

MCPS Expense report showing that MCPS spent $495.72 in 2015 sending the Director of Transportation, Todd Watkins to Dallas, Texas in to meet with one vendor. 

The vendor was then awarded a contract without a RFP and without any other vendor being able to bid on this $18 million+ procurement.

Is it standard practice for public school system administrators in Maryland to spend Operating Budget funds to fly to the location of vendors?  Do all vendors get this kind of attention?  

How many MCPS contracts are awarded to vendors without an RFP being issued and without competitors having any chance of bidding?  There are competitors in the exterior bus camera market, but MCPS and Montgomery County Police did not allow any of those competitors to bid on this $18 million++ procurement.  This one vendor was awarded this contract after MCPS sent an administrator to Dallas, Texas.  

Remember there is  no oversight over MCPS or the Board of Education.  The Montgomery County Inspector General will never evaluate this procurement.  The IG released a report in July that evaluated the Police departments participation in this procurement, but the report did not evaluate the actual contract or any of the contract award details because those details were done by Montgomery County Public Schools Interim Superintendent Larry Bowers.

By having MCPS contract with the exterior bus camera vendor, which was in violation of the Maryland law authorizing these cameras, the entire contract process escapes oversight or review because MCPS is not subject to the Montgomery County Inspector General's oversight and there is no required oversight at the State level.

Below is the Expense report for MCPS Director of Transportation Todd Watkins to travel to Dallas, Texas to meet with Force Multiplier Solutions contact. (Force Multiplier CEO and contacts are  now in federal prison for bribery and other crimes related to this company.) 

Did the (no bid) vendor take the MCPS Director out to dinner while he was in Dallas?  There doesn't seem to be a receipt for dinner on the first day of the trip to Dallas. 

2015 MCPS Todd Watkins Trav... by Parents' Coalition of Montg... on Scribd

2016 Montgomery County Boar... by Parents' Coalition of Montg... on Scribd

MCPS receives update on Boundary Review Analysis

ROCKVILLE –Montgomery County Public Schools (MCPS) staff amended its timeline for the boundary review analysis, days before it was scheduled to recommend a consultant to the Board of Education.

Staff wrote in the request for proposal that it would recommend a selection to the board on Aug. 1. However, Chief Operating Officer Andy Zuckerman and Executive Director of Operations Essie McGuire announced during the board of education’s July 29 business meeting that they will instead recommend a consultant or group of consultants during the next scheduled board of education meeting, on Aug. 29, four weeks after the original date. MCPS had received two proposals and is considering both.

McGuire said that the date change will not disrupt the schedule of the boundary review analysis because staff had allowed extra time for that...

https://mont.thesentinel.com/2019/08/08/mcps-receives-update-on-boundary-review-analysis/?fbclid=IwAR1qvRXlQb6ToGp_i3PxzvmSJPC-9yhxWx1E9en-P2Mr42Rj_1hEdd1ifx0

report found that the school bus cameras have not reduced violations, nor have they reduced accidents involving school children

...The report explained that the county has generated none of the revenue it had anticipated from the school bus camera program, while the vendor has pocketed $10 million. The report concluded that the contract failed to follow the normal public bidding process and instead created an arrangement that favored the camera vendor.

"The business case for this program was built around the desired use of a predetermined vendor rather than an objective analysis to design an effective and economical method to achieve an identified outcome," the report found.

To bypass the public bidding process, Montgomery County latched onto the contract between Force Multiplier and the school board in East Baton Rouge Parish, Louisiana. While the Louisiana deal had East Baton Rouge splitting profits with Force Multiplier, the Montgomery County "bridge" contract stated Force Multiplier would keep the first $18 million in revenue generated. After that, the company would keep the first $1 million generated annually before splitting any profits.

"Although we have not undertaken a forensic accounting review of the MCPS program, it appears to be structured much like the Dallas County School District program which ultimately led to the bankruptcy of the school district," Blansitt wrote. "Much like the situation in Dallas County, Montgomery County appears to potentially bear the financial burden of vendor failure."

As for safety, the report found that the school bus cameras have not reduced violations, nor have they reduced accidents involving school children. As national statistics show, such accidents are exceedingly rare and none were recorded in the four years before the cameras were activated...

https://www.thenewspaper.com/news/67/6768.asp

In 2015, county school and police officials traveled to Texas to meet with FMS to "get a first-hand look at their product and operation," according to the report.

County Watchdog Concerned About School Bus Camera Agreement

Montgomery County's inspector general has concerns about a deal that puts surveillance cameras in more than 1,000 county school buses.

ROCKVILLE, MD — A new report by Montgomery County's inspector general is raising concerns about a deal between the public school system and the vendor in charge of installing surveillance cameras in school buses. Questions were raised over whether Montgomery County Public Schools carefully considered a contract with the vendor — whose CEO went to jail for fraud and bribery — and whether the county will receive money from fines drivers caught by the cameras will pay.

In June 2016, Montgomery County Public Schools entered a contract with Force Multiplier Solutions (FMS) to get cameras — including exterior stop-arm cameras — installed in all school buses. Through this system, drivers who fail to wait for signalized stopped school buses will be captured in enforcement photos and issued a fine.

In his report, Montgomery County Inspector General Edward L. Blansitt III said he has no problem with the school system trying to keep children safe, but rather takes issue with the agreement officials have with FMS...

https://patch.com/maryland/rockville/county-watchdog-concerned-school-bus-camera-agreement

"the company began paying Sorrells' credit card bills and other debts in order to avoid direct cash payments, according to Sorrells' plea agreement. "

Former Dallas County Schools Chief Gets Seven Years for Role in Bribery Scheme

...The money didn't materialize — in part because of judges throwing out many of the tickets issued based on evidence from the cameras — and the district was stuck with the bill. Amid the fallout from the failed camera program and a series of managerial missteps, Dallas County voters approved dissolving DCS in November.

According to federal court documents, Sorrells began receiving payments from a company selling the district cameras in 2010. (Force Multiplier Solutions isn't mentioned in Sorrells' indictment by name, but it's the only company that sold stop-arm cameras to DCS, according to KXAS-TV.)

After DCS agreed to buy between 100 and 150 cameras from Force Multiplier Solutions in 2010, the company began to make payments to Sorrells through a series of shell companies set up by the superintendent.

Eventually, the company began paying Sorrells' credit card bills and other debts in order to avoid direct cash payments, according to Sorrells' plea agreement. Slater Swartwood Sr., the former owner of Force Multiplier Solutions, pleaded guilty in 2017 to federal money laundering charges related to the bribes paid to Sorrells.

"This defendant pocketed a whopping $3.5 million in bribes, simultaneously crippling the agency he was tapped to lead and undermining the public’s trust in city officials. The citizens of Dallas deserve better — and they should rest assured that we are committed to rooting out public corruption wherever we find it," U.S. Attorney Erin Nealy Cox said in a statement...

https://www.dallasobserver.com/news/dallas-school-bus-czar-gets-seven-years-in-corruption-probe-11728453

Montgomery County Public Schools contract with BusPatrol America questioned

Montgomery County’s inspector general is questioning the school system’s bus-camera contract with a company that was involved in a bribery scandal in Texas, noting that all of the revenue from bus-camera tickets goes to the company...

...Like the speed camera program, the bus cameras issue $250 tickets to the owners of those cars — and the company keeps 100% of the revenue until its estimated investment of $18 million is paid off.

BusPatrol America in 2017 bought the contract that Montgomery County Public Schools negotiated with Force Multiplier Solutions...

...The contract, which varied from the Louisiana model, was pitched to the Montgomery County Council as a “no-cost” program, aside from the costs of hiring staff to review camera footage to determine a violation.

“There is a cost because the revenue that comes in from the tickets, that they aren’t getting, is the cost to the county,” Mr. Blansitt said. “So far, as I know, it is $15 million.”

The inspector general said that if MCPS had purchased the cameras or gone through a competitive bidding process, it might have gotten a better deal.

“BusPatrol currently maintains both ownership of the cameras and the associated obligations...

...“Anytime there is a potential savings or potential mismanagement of county funds, that is concerning,” said council member Will Jawando, at-large Democrat. “While it doesn’t look to me that did anything wrong or improper, but it does look like we could get a better deal.”

Mr. Jawando said the council will “dig into the circumstances” of the contract in September...

https://www.washingtontimes.com/news/2019/aug/8/montgomery-county-public-schools-contract-with-bus/

WUSA9: Montgomery School bus camera system ‘profitable’ for vendor but not the school system, report says

A report from the county inspector general raised questions about the company behind the school bus camera system that's credited with protecting kids.

...The contract terms, originally with a company called Force Multiplier Solutions, which has now been succeeded by BusPatrol America "...appear to be ambiguously, and generously, tilted toward profitability for the vendor to the disadvantage of residents of Montgomery County," according to a report by the Montgomery County Inspector General's office.

"Montgomery County nor MCPS has not received any ticket revenue yet, and it is unknown when they will," the report says...

...The Inspector General criticized police and school officials for eagerly doing business with Force Multiplier Solutions after the company's CEO was convicted in a fraud and bribery scandal that sent two Texas public officials to prison and bankrupted the school bus agency in Dallas.

The successor company, BusPatrol America, “other than changing the name, except for the CEO, many of the same managers, employees, equipment and contracts are still in place,” the IG's report said...

https://www.wusa9.com/article/news/local/maryland/montgomery-school-bus-camera-system-profitable-for-vendor-but-not-the-school-system-report-says/65-1d388261-67c0-4275-a919-20e0e5551585

The Texas Monitor: Maryland officials skeptical about bus camera program with ties to Dallas debacle

A school bus camera program with ties to the same plan that landed two Dallas area officials in prison has run into trouble with regulators in Maryland.

In Texas, former bus agency superintendent Rick Sorrells was sentenced this week to seven years in federal prison for taking bribes from officials for a company called Force Multiplier Solutions, in return for agreeing to use the company’s cameras in the agency’s school buses. The cameras’ purpose is to record drivers who fail to stop for buses loading or unloading, as required by law in all states.

Force Multiplier sold its technology to Bus Patrol, a Montreal-based company that took over a similar contract for use of its cameras in school buses in Montgomery County, Maryland, just north of Washington, D.C.

Now a state inspector general in Maryland is questioning the connections between Sorrells and school officials in that county. Bus Patrol is the target of that report...

...They had no idea that Sorrells and several others would be arrested on federal charges. But even when the indictments began in late 2017, with the cameras in place in Montgomery County, the Maryland parties continued to carry out the deal without questioning it.

“We … question whether an appropriate business case was presented supporting County involvement … and if a proper reassessment was made once serious issues involving the selected vendor came to be known,” the state report says...

...Motorists in Texas have complained since the indictments of receiving tickets that may or may not be valid. In one case, a collections notice was sent to a West Lake Hills woman on forged stationary, alleging she was on the hook for a driving infraction...

https://texasmonitor.org/maryland-officials-skeptical-about-bus-camera-program-with-ties-to-dallas-debacle/

Board of Ed Releases Only One Page of Three Page February Artificial Turf Report. Report Shows Whitman Got Taller Plastic Grass and ZEOFILL is Abrasive Infill.

Handwritten notations and highlighting have been added. 

The above page from a February Report on artificial turf infill was posted to the Board of Education's Agenda for the June 24, 2019, meeting (video of parent reporting on continuing injuries to athletes from Richard Montgomery HS artificial turf).

Also posted with this page of the Labosport Report was information from MCPS showing which field was referenced by each column of the chart.  We have made notations on the above Report showing which MCPS field the data refers to and what type of infill was used at each field.

Pages 1 and 2 of the Labosport Report were not made public.  

The Labosport Report shows that the Whitman High School artificial turf plastic grass is taller than the plastic grass installed at Richard Montgomery HS and Einstein HS.  The Report also shows that the Richard Montgomery HS infill is highly abrasive.  In addition, in the columns evaluating the ZEOFILL infill we see higher numbers for abrasiveness.

This Report shows that there is increased abrasiveness when ZEOFILL is used in the infill.

Why has the Board of Education been withholding this report from the public since February?  Students continued to use these fields even when the Board of Education KNEW there was a hazardous situation causing injury to students.

When will the Richard Montgomery High School artificial turf infill be REMOVED and REPLACED with a less abrasive infill?
 

A football locker room, a broomstick and a sex assault case roil a school #DamascusHS #Rape @mcps @mocoboe

Officials at Damascus High School in suburban Maryland waited more than 12 hours to tell police about credible allegations that several junior-varsity football players pinned a teammate in a locker room, pulled his pants down and sexually assaulted him with a broomstick, interviews and documents show.

The school officials held off despite discussing among themselves in a group text message on Oct. 31 — seen by The Washington Post — the names of a victim and three possible assailants.

Instead of calling police, they launched their own inquiry and on Nov. 1, plucked students one-by-one from class as they questioned suspects, learned the names of three more victims and then took statements from those boys.

None of the victims was sent for medical care. All went back to classes without their parents being called...

...The delay in alerting police also runs counter to years of efforts to change school culture so that any suspicion of sexual abuse at school is quickly reported to authorities, following a spate of school cases, said Jennifer Alvaro, a longtime advocate on issues of sexual abuse prevention who has pushed for better policies in Montgomery.

A similar urgency is crucial amid allegations of sexual assault by students, which should be handled by trained professionals, she said, and schools should never launch their own investigations.

“They say they’re training people to immediately report,” she added. “But clearly that’s not happening.”..

https://www.washingtonpost.com/local/crime/a-football-locker-room-a-broomstick-and-a-sex-assault-case-roil-a-school/2019/03/29/01500f30-2fc8-11e9-8ad3-9a5b113ecd3c_story.html?utm_term=.57f1219d9413

Listen to @Media_Doug's full interview with @jennifermalvaro, a child sex abuse expert, on #MontgomeryTalkPodcast.

"I think that Montgomery County Public Schools have created an atmosphere, where they are reactive instead of proactive to larger issues in society, and to current issues in the schools," said Alvaro. "I think when you have [an] intense culture of achievement and success in sports or academics, [when it comes to these issues], it's not a matter of 'if' they're going to happen, it's 'when.'"  ~ child sex abuse expert Jennifer Alvaro

Board of Ed now Using Sand as Infill on Plastic Fields. FYI: "Crystalline silica is widely used in industry and has long been recognized as a major occupational hazard, causing disability and deaths among workers in several industries."

EPA’s view on crystalline silica. The EPA’s longstanding view of crystalline silica is contained in a document entitled, Health Effects of Inhaled Crystalline and Amorphous Silica, EPA/600/R-95/115, 1996. It is available at here or at the EPA’s website at http://oaspub.epa.gov/eims/eimsapi.dispdetail?deid=12999. The study’s abstract states, “Recently, public concern regarding nonoccupational or ambient silica exposure, mainly to crystalline silica, has emerged making it important to evaluate background and ambient concentrations. Ambient emissions of silica rarely are estimated or measured in air pollution studies of particulate matter. Crystalline silica is widely used in industry and has long been recognized as a major occupational hazard, causing disability and deaths among workers in several industries. This is a health risk assessment covering the causes and studies of crystalline silica exposure.” For further information on this subject, contact the EPA ( www.epa.gov ) at  ncea.webmaster@epamail.epa.gov .

http://www.synturf.org/silica.html

RM High School Field Infill is 96% SAND (not the zeolite MCPS claimed would be infill)

The field test report for the new Richard Montgomery High School {RMHS) artificial turf football/soccer field shows the infill used on the field is 96% SAND and only 4% Zeofill.

When the RMHS artificial turf football/soccer field was being replaced, MCPS administrators claimed the infill was going to be zeolite.  The specifications for the project claimed the infill was going to be zeolite/sand.  However, the final infill that is actually on the field is 96% Sand and only 4% Zeofill, more of a sand/zeolite infill as SAND is the predominate infill on the surface of the plastic.

This new information as to the content of the RMHS infill may explain why RMHS athletes were getting injured on the new artificial turf surface.

Richard Montgomery HS ASTM ... by on Scribd

Breaking: "Dangerous" Artificial Turf Issue Closes Richard Montgomery High School Field

The Parents' Coalition has learned that the brand new Richard Montgomery High School artificial turf field was closed in November due to "dangerous-turf" issues.  

The Richard Montgomery High School (RMHS) replacement artificial turf field opened on August 24, 2018, and by the end of November the field was closed for "dangerous-turf" issues.  For those following the many issues surrounding the replacement of this plastic field the "dangerous-turf" issues come as no surprise.

To date, we have documented the following issues surrounding the replacement of the RMHS artificial turf field:

• In 2014, we saw that the RMHS artificial turf field was already failing.

• In 2016, the RMHS artificial turf field had failed. Yet, the Board of Education continued to keep the field open and put students on the field for athletic events. 

• MCPS did not have the RMHS plastic grass field replaced under warranty.  Instead, they allowed the defective field to be used and did not require the vendor to replace the field under warranty.  

• MCPS did not have any funding to replace the RMHS plastic grass football field.  Money was taken from the Operating Budget (teacher salaries and classroom supplies) to replace a plastic football field.  Initially, the Superintendent's office said money for new artificial turf fields was going to be used for the RMHS replacement field, but later said the money was coming from the Operating Budget.   The original MCPS-FieldTurf-County Council scheme hatched in 2011 was that the rental fees from the artificial turf fields would pay for the replacement of the fields.  Rental fees from these fields have not come anywhere close to paying for the replacement costs. 

• The Superintendent's office did not reveal the supplier of the infill for the RMHS replacement field.  Where the zeolite is mined and how it is tested is important with regard to the quality and safety of the rock, but that information was not revealed.

• The used RMHS artificial turf plastic field and the 120 tons of crumb rubber were not recycled as MCPS had promised.  Instead, the football field of plastic and 120 tons of crumb rubber were dumped in Baltimore County and in a Virginia landfill.   The Superintendent's office called the discussion of the plastic grass and 120 tons of crumb rubber pollution a "distraction from core mission." 

• The infill for the replacement RMHS plastic grass field was to be crushed volcanic rock known as zeolite.  Zeolite is commonly used as kitty litter because it is a pourous rock that absorbs moisture and odors.  Zeolite has not been evaluated for its safety as an athletic surface for children or adults.  The new RMHS plastic grass surface with the zeolite infill generated immediate complaints from athletes who said their skin was being repeatedly cut and gashed from the RMHS plastic grass surface. 

• Despite the numerous red flags and warnings concerning the Board of Education's decision to require zeolite as the infill in all MCPS plastic grass fields, the MCPS Superintendent's office continued to claim that the RMHS plastic grass would be "state of the art" and would "ensure student health and safety."

If the RMHS artificial turf replacement field is state of the art and would not harm students, why was the field closed in November, three months after installation?