Conference presentation on criminal defendant Ref Rodriguez

Legal scholar Robert D. Skeels gave a twenty minute talk on criminal defendant Refugio “Ref” Rodriguez of the California Charter Schools Association at a conference on school privatization on October 1, 2017.

Conference presentation on criminal defendant Ref Rodriguez

Criminal defendant Ref Rodriguez, an introduction

Corporate charter school mogul Refugio “Ref” Rodriguez has been in the news lately. First, for his being elected President of the Los Angeles Unified School District (LAUSD) Board of Education. Second, he is facing criminal charges of three felony counts, including conspiracy and perjury, and 25 misdemeanor counts of assumed name contribution.

Who is this rising star of the California Charter Schools Association? How did he end up on LAUSD’s board despite having never attended, nor worked at a public school? Why are these charges no surprise to Los Angeles public education activists? All of the questions and more answered in a talk by Robert D. Skeels at 2:30 PM during Defend Public Education NOW’s Opposing Charter Schools Conference. This talk, and topic, is one of many at the event.

Conference: Opposing Charter Schools
Saturday, September 30, 2017 from 11 AM — 4 PM
Southern California Library
6120 S Vermont Ave
Los Angeles, CA 90044

Robert D. Skeels is a Juris Doctor candidate specializing in education policy and the law. His work appears in a range of publications including Jacobin, Truthout, and CounterPunch. He is one of the contributors for schoolsmatter.info

Criminal defendant Ref Rodriguez, an introduction

Trailer for KILLING ED

Trailer for KILLING ED from Visual Truth Projects on Vimeo.

Profiteer Caprice Young, the secretive Gülen Cult, and California Charter Schools Association's worst nightmare is here.

Trailer for KILLING ED

Gülen cult’s corporate charter chain’s Magnolia Science Academy

http://charterschoolfacts.tumblr.com/post/139009172833/gülen-cults-corporate-charter-chains-magnolia

Gülen cult’s corporate charter chain’s Magnolia Science Academy

Schools Matter: Open letter to Dan Woods regarding the Gülen Network's Magnolia Charter Schools

First published on Schools Matter on February 2, 2016

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"The Walton family, founder of Wal-mart, the worldwide retail giant, has donated millions of dollars to schools considered to be associated with the Gülen community." — Charter School Scandals

From: *****@ucla.edu
Subject: Open letter to Dan Woods regarding the Gülen Network's Magnolia Charter Schools
Date: February 02, 2016 14:22:46 PST
To: d.woods@mpglaw.com

Mr. Woods:

Just read your heavy-handed letter [1] to Arthur M. Pakowitz, Esq.

As a courtesy I wanted to address some of your concerns, which are clearly based in your ignorance regarding both privately managed charter schools, and the shadowy Gülen cult that your client is associated with.

Regarding your insistence that the Magnolia corporate charter school chain's financial information is transparent. This simply isn't the case, and it wasn't until the public school district called for an audit that one was conducted. Said audits revealed millions of "missing, misused funds" [2]. These were public dollars, squandered under the private management of your client.

You then make the absurd assertion that "Magnolia's eleven charter schools are public schools…" In case you actually believe that misrepresentation, let me disabuse you.

Generally charter schools are not public schools. Both existing case law and public policy have long established this. The Washington State Supreme Court (2015) held that charter schools are not "common schools" because they're governed by appointed rather than elected boards. The 9th Circuit US Court of Appeals (2010) ruled that charter schools are not "public actors." The California Court of Appeals (2007) ruled that charter schools are not "public agents." The National Labor Relations Board (NLRB) joined many other government agencies in unequivocally determining that charters are, in NLRB's words, "private entities."

By definition if a charter school is run by a for-profit company, or a (501c3) non-profit corporation (e.g. Magnolia Educational and Research Foundation), then it is not a public school. The United States Census Bureau frames this issue best: "A few "public charter schools" are run by public universities and municipalities. However, most charter schools are run by private nonprofit organizations and are therefore classified as private." [3]

Because these lucrative charter schools are not public, and are not subject to even a modicum of public oversight, they are able to get away with violating the constitutional rights of their students. The decision in Scott B. v. Board of Trustees of Orange County High School of the Arts saw Rosa K. Hirji, Esq. write: "The structures that allow charter schools to exist are marked by the absence of protections that are traditionally guaranteed by public education, protections that only become apparent and necessary when families and students begin to face a denial of what they were initially promised to be their right." [4]

Lastly, there is ample documentation tying the Magnolia corporate charter school chain to the Gülenist Movement, namely through their intertwinement with the Los Angeles based Pacifica Institute—a Gülen organization which denies the 1915-1918 Armenian genocide. [5] Moreover, Fethullah Gülen's ties to the Magnolia charter schools was reported to Turkish readers as early as 2010. [6]

Far be it for me to do your research for you, but as a courtesy I offer the following footnote [7] as starting point for your own additional discovery.

I understand that the model rules of professional conduct call upon you to vigorously represent your client's interests, but one would expect an attorney of your standing to at least base your arguments in a modicum of reality. I suppose in a way I owe you and your firm a debt of gratitude inasmuch as you provide examples of the type of attorney I don't want to be—seemingly ones that hold billable hours more important than the public interest.

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[1] https://twitter.com/GooseNetworkUSA/status/694588816066121728
[2] http://www.scpr.org/blogs/education/2014/07/21/17031/audit-finds-missing-misused-funds-at-la-charter-ne/
[3] US Census Bureau. (2011). Public Education Finances: 2009 (GO9-ASPEF). Washington, DC: US Government Printing O ce. Print. vi
[4] https://apps.americanbar.org/litigation/committees/childrights/content/articles/winter2014-0114-charter-schools-upholding-student-rights.html
[5] http://articles.latimes.com/2011/sep/30/local/la-me-0930-ottoman-band-20110930
[6] http://gundem.milliyet.com.tr/walmart-tan-gulen-okullarina-bagis/guncel/gundemdetay/27.08.2010/1281603/default.htm
[7] Compendium of Magnolia/Pacifica/Gülen resources:

• Gulen charter schools 101 + webinar video http://charterschoolscandals.blogspot.com/p/gulen-school-characteristics.html
• Gulen charter school lists http://charterschoolscandals.blogspot.com/p/list-of-us-gulen-schools.html
• The Gulen Movement & its schools in the news http://charterschoolscandals.blogspot.com/p/the-gulen-movement-and-its-schools-in.html
• Gulen Charter School Enrollment in 2013-2014 http://charterschoolscandals.blogspot.com/p/blog-page.html
• Mónica García champions the Gülenist Charter Movement in LAUSD http://www.schoolsmatter.info/2012/08/monica-garcia-champions-gulenist.html
• Financially malfeasant charters run by shadowy religious cult escape LAUSD scrutiny http://www.schoolsmatter.info/2015/03/financially-malfeasant-charters-run-by.html
• Turns out Caprice Young has been working for Gülen's charter network all along http://www.schoolsmatter.info/2015/02/turns-out-caprice-young-has-been.html
• What are Ref Rodriguez's ties to the Gülen cult, and why is the Armenian community supporting Bennett Kayser? http://www.schoolsmatter.info/2015/04/what-are-ref-rodriguezs-ties-to-gulen.html

Advocating Public Education and Social Justice

Robert D. Skeels
Juris Doctor Candidate
UCLA '14, PCL '18
*****@alumni.ucla.edu

"Problem posing education does not and cannot serve the interests of the oppressor" — Paulo Freire

Schools Matter: Open letter to Dan Woods regarding the Gülen Network's Magnolia Charter Schools

Admitting no wrongdoing, Ref Rodriguez and Jacqueline Elliot resigned from all PUC Corporate Charter Boards

Admitting no wrongdoing, Ref Rodriguez and Jacqueline Elliot resigned from all PUC Corporate Charter Boards #LAUSD pic.twitter.com/xGZ5PQpmxz

— RDSkeels4Schoolboard (@RDSkeels4LAUSD) July 7, 2015

Admitting no wrongdoing, Ref Rodriguez and Jacqueline Elliot resigned from all PUC Corporate Charter Boards... by Robert D. Skeels

Admitting no wrongdoing, Ref Rodriguez and Jacqueline Elliot resigned from all PUC Corporate Charter Boards

Didn't dullard Duncan say Katrina was the best thing to happen to New Orleans?

“…let me be really honest. I think the best thing that happened to the education system in New Orleans was Hurricane Katrina.” — Arne Duncan

The absolute worst education President, and Secretary of Education in U.S. history.

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For Immediate Release: May 13, 2015
Contact: Madison Donzis, madison@fitzgibbonmedia.com, 210.488.6220

New Report Exposes Holes in Louisiana’s Charter School Program and Millions in Taxpayer Dollars Wasted on a Broken System

Coalition for Community School New Orleans and the Center for Popular Democracy (CPD) Highlight Consequences of Louisiana’s Failed Academic and Financial Oversight of Charter Schools

**See the report here: http://bit.ly/1Fc50qR** 

A new report released this week finds that the drastic growth of overinvestment in charter schools and underinvestment in oversight has left Louisiana’s students, parents, teachers and taxpayers at risk of academic failures and financial fraud. The report, “System Failure: Louisiana’s Broken Charter School Law” cites billions of taxpayer dollars plunged into charter schools since Hurricane Katrina hit, including over $831 million in the 2014-15 school year alone. 

Since 2005, charter school enrollment in the state has grown 1,188 percent. The Louisiana Department of Education’s Recovery School District, originally created to facilitate state takeover of struggling schools, is now the first charter-only school district in the country. 

The report identifies five fundamental flaws with the financial and academic oversight of Louisiana’s charter schools: 

1.    Oversight depends too heavily on self-reporting by charter schools or the reports of whistleblowers. Louisiana’s oversight agencies rely almost entirely on audits paid for by the charters themselves and whistleblowers. While important to uncover fraud, neither method systematically detects or effectively prevents fraud. 

2.    The general auditing techniques used in charter school reports do not uncover fraud on their own. The audits commissioned by the charter schools use general auditing techniques designed to expose inaccuracies or inefficiencies. Without audits specifically designed to detect and uncover fraud, however, state and local agencies will rarely detect deliberate fraud without a whistleblower.

3.    Inadequate staffing prevents the thorough detection and elimination fraud. Louisiana inadequately staffs its charter-school oversight agencies. In order to carry out high-quality audits of any type, auditors need enough time. With too few qualified people on staff—and too little training for existing staff—agencies are unable to uncover clues that might lead to fuller investigations and the discovery of fraud.

4.    Underinvestment in systems that help struggling schools succeed. Lawmakers and regulators have invested in systems that set high standards and then close schools that fail to meet them, rather than helping them improve to meet the standards. This investment in a severe accountability system does not support schools achieve academic success.

5.    Heavy reliance on data that is vulnerable to manipulation. The state’s academic oversight system relies largely on sets of data that can be manipulated by regulators, authorizers, or the charters themselves. Without reliable data, schools, parents and the public have no way to accurately gauge academic quality at their schools.

Since 2005, approximately $700 million in public tax dollars has been spent on charter schools that currently have not achieved a C or better on the state’s grading system. As the state has insufficiently resourced financial oversight, it has failed to create a structure that provides struggling schools and their students with a pathway to academic success. Coupled with an unwillingness to help failing schools succeed, the rapid growth of charters has failed Louisiana children, families and taxpayers. 

The report calls for a set of core reforms to end the hemorrhaging of public funds to fraudulent charter schools and also calls on state and federal lawmakers to put systems in place to prevent fraud, waste, abuse and mismanagement. To address the serious deficiencies in Louisiana school districts, the Center for Popular Democracy and CCS suggest mandating new measures designed to detect and prevent fraud, increasing financial transparency and accountability, redesigning the data collection process, and redesigning the system to support struggling schools.

### 

The Center for Popular Democracy is a nonprofit organization that promotes equity, opportunity, and a dynamic democracy in partnership with innovative base- building organizations, organizing networks and alliances, and progressive unions across the country.

Coalition for Community Schools New Orleans (CCS) is a New Orleans alliance of parent, youth and community organizations and labor groups fighting for educational justice and equity in access to school resources and opportunities.

New Report Exposes Holes in Louisiana’s Charter School Program and Millions in Taxpayer Dollars Wasted on a... by Robert D. Skeels

Didn't dullard Duncan say Katrina was the best thing to happen to New Orleans?

Schools Matter: What are Ref Rodriguez's ties to the Gülen cult, and why is the Armenian community supporting Bennett Kayser?

First published on Schools Matter on April 23, 2015

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“Review of the financial statements and accounting records noted: non-disclosure of related party transactions; failure to maintain required fund reserves; failure to appropriately apply accrual basis of accounting; lack of monitoring of cash receipts and deposits process; lack of documentation for disbursements; lack of control over journal entries, and lack of adequate training for the accounting staff.” — Los Angeles Unified School District, Office of the Inspector General

Refugio "Ref" Rodriguez is arguably as secretive as the Gülen religious cult. Secrecy isn't the only thing the two charter giants have in common. While there's no direct evidence of collaboration, there is plenty of circumstantial evidence connecting these charter conspirators.

Rodriguez's charter empire and Gülenist movement are both funded by Walmart fortune heirs. The LA School Report blog's Vanessa Romo wrote about Rodriguez's corporate charter network on January 20, 2015:

"All got their seed money from the biggest players in education reform — either the Walton Family Foundation or the Bill and Melinda Gates Foundation. He [Ref Rodriguez] says all but a handful of PUC schools out-perform the surrounding public schools." [emphasis mine]

The same Walton Family Foundation funds the largest chain of privately managed charter schools in the United States, namely the Gülenist Movement:

"The Walton family, founder of Wal-mart, the worldwide retail giant, has donated millions of dollars to schools considered to be associated with the Gülen community." [emphasis mine]

The common thread is Walmart fortune heiress, Carrie Walton Penner. She is currently the California Charter Schools Association's (CCSA) Board Vice-Chair (term ending 6/30/2017). Her close friend Rodriguez was a CCSA Board member from 2005 to 2009. Her mutual funding of both Rodriguez's lucrative PUC corporate charter network, and the Gülen charter school network (including Magnolia charters) is undisputed.

Another strong piece of evidence is that Magnolia branches of the Gülen charter school network bloomed under Rodriguez's CCSA board tenure. No less than five Magnolia schools were opened during the Rodriguez era:

1. 2007 Magnolia Science Academy – 2 Valley (MSA-2)
2. 2008 Magnolia Science Academy – 3 Carson (MSA-3)
3. 2008 Magnolia Science Academy – 4 Venice (MSA-4)
4. 2008 Magnolia Science Academy – 5 (MSA-5)
5. 2009 Magnolia Science Academy – 6 Palms (MSA-6)

The proliferation of Gülen charter schools under Rodriguez's CCSA board term might explain why he has remained silent as to the serious charges of malfeasance against those schools. Rodriguez, who claims he wants to see "bad charters shut down," would do well to read Scott M. Folsom's sage words on the acts committed:

"Parental Choice does not give the right to parents to choose to send their kids to a bad school -- whether the school is bad because it does a crummy job of teaching students or managing the public's funds."

The fact that Rodriguez has been endorsed by long-time Gülenist supporters Monica Garcia and Caprice Young doesn't bode well for him offering any defenses. The latter is now a Gülen employee.

The unequivocal support of Los Angeles' Armenian community of Rodriguez's opponent, the Honorable Bennett Kayser, may be the most damning piece of evidence. Magnolia is tightly aligned with the Gülenist Pacifica Institute. In 2011 Armenian groups protested the organization's ties to Turkish groups denying the 1915-1918 Armenian genocide. That Ref Rodriguez and Monica Garcia are closely aligned to genocide deniers should concern voters to no end. Following is a press release announcing an Asbarez.com article discussing Kayser's broad support by Armenians.

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Vote. Give. Do. | Asbarez.com

Garen Yegparin, a journalist of Asbaraz Armeian news, wrote an excellent piece on the importance of voting, donating, and volunteering for your local candidates over the next few weeks.

Yegparin specifically writes about Bennett's race and what is at stake this Tuesday, May 19th: 

"But perhaps the most subtly important LA election is for the school board’s District 5 seat. Bennett Kayser, the incumbent running for reelection placed second, and faces a very strong challenger in the runoff. Kayser’s opponent is supported with serious money from the charter school movement (specifically, the California Charter Schools Association Advocates and its various tentacles), the same people from whom the Turkish Gulen movement has benefitted as it successfully encroaches on LAUSD schools."

"Consider that when all the spending in this race is added up (by the candidates themselves and independent expenditure committees for and against the candidates) Kayser’s opponent comes out 43% ahead in dollar terms! This is very unusual. It is more commonly the incumbent that has the money edge. It speaks to how much Kayser is being targeted." 

"We should be assisting him as much as possible. Unfortunately, his district covers areas which are not home to very many Armenians, which speaks to the principled nature of his stance. So that leaves volunteering (making phone calls or walking neighborhoods) and campaign donations, both of which can be done through the Kayser’s website, www.bennett2015.com."
 

Bennett Kayser is endorsed by the Armenian National Committee of America Western Region and the Armenian Council of America.  Kayser will also carry a resolution at the next LAUSD Board Meeting recognizing the 100th anniversary of the Armenian Genocide.

**Click here to read the rest of the article on Asbarez.com**

**Click here to donate to Bennett's campaign**

**Click here to volunteer for Bennett's campaign**  

Paid for by Re-Elect Bennett Kayser for School Board 2015 - General – 419 North Larchmont Blvd., #37, Los Angeles, CA 90004 – ID #1375891 – More information available at Ethics.lacity.org – Bennett2015.com – (323) 535-9930

Schools Matter: What are Ref Rodriguez's ties to the Gülen cult, and why is the Armenian community supporting Bennett Kayser?

Schools Matter: Financially malfeasant charters run by shadowy religious cult escape LAUSD scrutiny

First published on Schools Matter on March 17, 2015

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"The Walton family, founder of Wal-mart, the worldwide retail giant, has donated millions of dollars to schools considered to be associated with the Gülen community." — Charter School Scandals

The largest chain of privately managed charter schools in the United States is that of those affiliated with the cultish Gülenist Movement. Proving that no scandal is too large for the combined financial and political power of the revenue hungry charter school industry, the Los Angeles based Magnolia branches of the Gülen Network have essentially committed the crime, but will not do the time. The Los Angeles Times outlines the scale of Magnolia's crimes:

"An audit performed last year for the district’s Office of the Inspector General found that Magnolia was $1.66 million in the red, owed $2.8 million to the schools it oversees and met the federal definition of insolvency. The Palms academy also was insolvent, the audit found."

One cringes thinking of all the Los Angeles Unified School District (LAUSD) public school libraries that could have been reopened with those millions "missing" from the privately managed Magnolia Gülen Charters.

Last time millions of dollars went "missing" from a huge Los Angeles charter chain was during the massive Inner City Education Fund (ICEF) scandal. Their former "CEO" Mike Piscal is still at large somewhere in the country. Steve Poizner's partner in the crime of establishing the California Charter Schools Association (CCSA), Caprice Young, was brought in as the spin-spokesperson for that staggering squandering of taxpayer money. Once more Young is brought in to provide cover for mind-boggling charter school impropriety, this time at Magnolia. Turns out Caprice Young has been working for Gülen's charter network all along documents the connections between Young and her new employer.

The intrepid Scott M. Folsom gathered all the news on this issue, and added his salient thoughts on the matter. I do differ with Folsom on one point—this has everything to with "Fethullah Gülen involvement", and anyone aware of the cult's well documented undue influence over LAUSD board members like Monica Garcia, knows how much power these malfeasants have.

The allegations against Magnolia are of Misuse of Public Funds. Plain and simple.

No amount of “great schoolage” and kids on waiting lists forgive this. Ultimately this is a matter of law enforcement - and the LAUSD Board – as public trustees and empowered with enforcing the charter law and protecting the public purse – have blinked/waffled/whatever.

I hate to be “zero intolerant” – but there are no waivers or mulligans for malfeasance.

The Man Behind the Curtain has nothing to do with the case: This has nothing to do with with the Fethullah Gülen involvement with Magnolia; to bring that up is a bit of misdirection.

Parental Choice does not give the right to parents to choose to send their kids to a bad school -- whether the school is bad because it does a crummy job of teaching students or managing the public’s funds. I consider Caprice Young a friend – but she has been brought in to save the day and impose order amidst fiscal chaos while framing and spinning and charming the story of the chaos as something less than egregious.

The biblical metaphor of pouring oil upon the waters comes to mind – but ask the folks on the Gulf Coast – or in Alaska: Oily waters are not necessarily a desirable outcome!

The Board in its role as charter authorizer and overseer moved to suspend the three charters. It may have dodged a public vote earlier – but it had authorized the superintendent to act in its behalf. That’s what superintendents and Boards of Ed do.

Then the Board of Ed went into closed session and changed their mind and/or had their minds changed.

The process of granting, suspending and reviewing charters is supposed to occur in Mr. Justice Brandeis’ “Disinfecting Sunshine”. Instead it happened behind closed doors in the guise of settling a lawsuit.

Schools Matter: Financially malfeasant charters run by shadowy religious cult escape LAUSD scrutiny