Ruling Updates Grand Theft Education
Waste & fraud...
Lloyd Billingsley] 11/18/05
the Third District Court of Appeals here issued a little noticed
and poorly reported ruling that updated a chronicle of waste
and corruption in California's Department of Education (CDE).
The CDE, which administers more than 40 percent of California's
budget, maintains some curious practices on the issue of accountability.
employees uncover massive waste of taxpayer money and blatant
fraud, the CDE does not reward the courageous whistleblowers.
It prefers to fire, demote and harass them, and then destroys
the evidence by wiping out files on their computers and shredding
K. Lloyd Billingsley
[Courtesty of Pacific Research Institute]
Lloyd Billingsley is Editorial Director for the Pacific
Research Institute and has been widely published
on topics including on popular culture, defense policy,
education reform, and many other current policy issues.
[go to Billingsley index]
Those are among the many details in the Third Circuit's 76-page
report, which should be mandatory reading for legislators. The
court's ruling upholds the liability of Delaine Eastin, California's
former Superintendent of Public Instruction, and CDE administrator
Joan Polster. Unfortunately, it reduced compensatory damages
for whistleblower James Lindberg. He was one of the officials
in charge of certifying that various community-based organizations
(CBOs) were qualified to receive federal funds slated for English-language
Many CBOs that received funds were not qualified. As auditors
discovered, some were for-profit enterprises, and others turned
out to be empty fields or houses. Many used false documents,
and even the FBI became involved in tracking down the fraud.
As the court document notes, CDE officials such as Deputy Superintendent
Gabe Cortina made sure one corrupt CBO got millions of dollars.
The total tab comes to more than $20 million. Where it all went
remains unclear, but it did not go for English-language instruction
for needy immigrants. They are the losers, along with all California
Hermandad Mexicana Nacional, formerly headed
by Bert Corona, got more money than any other CBO. Mr. Corona,
a longtime left-wing
militant who threatened state auditors, took many of the secrets
of the CDE money’s whereabouts to his grave in 2000.
Prosecutions in the case have been mainly directed against the
smaller players. Bigger players got away with it, and key officials
at the CDE got away with the cover-up.
Joan Polster, the CDE administrator who directed employees to
shred incriminating documents and harassed whistleblowers, is
now an Associate Superintendent in the Sacramento City Unified
School District. Former state superintendent Delaine Eastin,
on whose watch this occurred, is now Distinguished Visiting Professor
of Educational Leadership at Mills College, where she also teaches
in the public policy department. Gabe Cortina is comfortably
The CDE has spent more energy and money defending itself in
cases brought by persecuted whistleblowers than it has in taking
action against those who enabled massive misappropriation of
funds and a coverup. This is not an agency with a strong commitment
to accountability. The governor and legislators should read the
court report carefully, ask some hard questions and demand answers.
How much taxpayer money is the CDE spending to defend these
cases? Why were those who sabotaged computers allowed to keep
their jobs when whistleblowers lost theirs? What measures has
the CDE taken to prevent further acts of waste and fraud?
California's K-12 system exists to educate children, not to
serve as a vast system of patronage for corrupt officials. Parents,
students and taxpayers have a right to expect honesty and accountability.
The Third District Court of Appeals ruling is not the end of
this story. In January, the case of CDE whistleblower Robert
Cervantes comes to trial in federal court in Fresno. CRO
2005 Pacific Research Institute