Whistleblower Complaint

May 26, 2020

Mr. Lewis Ferebee, Chancellor

Ms. Melissa Kim, Deputy Chancellor

Dr. Jeffrey Holmes, Chief, Elementary Schools

Maryann Stinson, Cluster II, Instructional Superintendent

1200 First St. NE, 10 Floor

Washington DC 20002

Greetings Ladies and Gentlemen:

I am reporting an “urgent concern” and request a thorough investigation, in

accordance with the procedures outlined under the District law covering

whistleblowing (DC Official Code § 1-615.51 et seq.) (2001 Ed.; 2006 Repl.)

In the course of my official duties, I have personally witnessed and received first-

hand information from teachers, administrators, school staff, guardians, to include,

community leaders, community members, stakeholders and activist concerning the

“overt evidence of disparate treatment” of Black children in Wards 7 and 8 schools

as the direct result from DCPS implementation of the mandated contractual

program: Relay Graduate School of Education(RGSE).

In addition, I am reporting evidence of procurement fraud: the misappropriated and

wrongdoing of the District of Columbia government contract with Relay, and DC

Public Schools purchase order discrepancies issued to Relay Graduate School of

Education

I have been employed by the District of Columbia Public Schools (DCPS) since

October 2002, and I am currently in the position of Director, Strategy and Logistics

in charge of school operations at Lawrence E. Boone Elementary School. During my

tenure with DCPS I have been a loyal and dedicated employee and always have

acted in the best interest of DCPS children.

I have become aware of fraud, waste, abuse, and mismanagement of the execution

of a public contract, purchase orders and specific danger to the health and wellness

of DCPS children concerning the Relay Graduate School of Education. I am

compelled to bring this to your attention, as required by under the District law

covering whistleblowing (DC Official Code § 1-615.51 et seq.) (2001 Ed.; 2006 Repl.)

The provisions in this law apply to employees of all District government

agencies, including but not limited to employees of subordinate agencies,

independent agencies, and the DC Public Schools, Board of Trustees of the

University of the District of Columbia and District of Columbia Housing

Authority.

Whistleblowers perform an important service to the public when they report

evidence of waste, fraud, abuse, and other misconduct. Each year,

whistleblowers save U.S. taxpayers billions of dollars, make the country safer,

and improve government efficiency and effectiveness.

As a DCPS employee, DC Official Code requires me to bring to the attention, of

DCPS management, actions I consider fraudulent, wasteful, abusive, and

mismanagement. Therefore, I bring the following to your attention, as required by

the DC Official Code:

The right to disclose corruption, dishonesty, incompetence, or administrative

failures, without fear of retaliation. The disclosure may include unlawfully

suppressed information concerning illegal or unethical conduct that threatens

or is likely to threaten public health or safety; or information that involves the

unlawful appropriation or use of public funds; or information that tends to

impeach the testimony of employees of the District government before

committees of the Council, or responses of employees to inquiries from

members of the Council concerning the implementation of programs, including

information that involves the use of public funds.

It is crucial that every child in DCPS is treated equally according to the vision,

mission and the DCPS Student Fair Access to School Act: I will present overt

evidence of desperate treatment that DCPS students, specifically in schools with

predominately Black children in Ward 7 and Ward 8, are being subjected to corporal

punishment through the Relay Graduate School of Education: a DCPS funded and

supported program with a school-to-prison structure and known racist and

militaristic practices. Dr. Jeffrey Holmes, DCPS Chief of Elementary School, when

asked to present data that Relay works stated, “there’s no data” to support any

positive outcomes that Relay has been successful in the District. The following is on

DCPS website:

Vision: Every student feels loved, challenged, and prepared to positively

influence society and thrive in life.

Mission: Ensure that every school guarantees students reach their full

potential through rigorous and joyful learning experiences provided in a

nurturing environment.

At DCPS, we are committed to educating the whole child by providing rigorous,

joyful, and inclusive academic and social emotional learning experiences to

ensure all students are college and career ready. A key component of this is

work is creating safe, supportive, and inclusive learning environments for both

students and staff. We believe that the focus on educating the whole child will

help to ensure an environment where all can grow and learn in order to become

our best selves.

Therefore, in the course of performing my duties for DCPS, I have reason to believe

that all the above-mentioned employees of DCPS are in violation of the DC Official

Code. The following is a summary of the reason I believe are violations of the DC

Official Code, and which I feel compelled by the term of the Code to bring it to your

attention:

I. Disparate Treatment: Relays school-to-prison structure, racist and militaristic

treatment upon Black children attending schools in Wards 7 and Ward 8, but not

practiced in DCPS schools and Wards with predominately White children is

unequivocal evidence of disparate treatment. Findings of conscious and intentional

discrimination against Black children being subjected to Relay: a program

exclusively targeting schools with a majority population of Black children,

geographical impoverished areas, and in highly segregated neighborhoods amongst

the District of Columbia Public Schools.

Prior to SY19/20 enforcement of Relay, DCPS preferred program was Responsive

Classroom, a welcomed and successful program, not mandated, but highly practiced

throughout multiple Wards. Today, Responsive Classroom is still practiced in many

DCPS schools due to RC’s choice-options and is favored upon schools with

predominately White students -- but not utilized in Ward 7 and Ward 8.

Also, prior to Relay, DCPS schools in Ward 7 and Ward 8 were grouped with schools

throughout the District—mixing schools from different wards into a cluster.

Previously, Boone Elementary (formerly Orr ES) was in Cluster 5 consisting of a

mixture of schools throughout all eight Wards.

At the beginning of SY19/20, DCPS removed Wards 7 and 8 from the mixed Ward

clusters into grouping of only Ward 7 and 8 schools into Clusters and each governed

by a Cluster Instructional Superintendent. Currently, Boone ES is in Cluster II

along with nine additional schools from Ward 7 and Ward 8 only. The Cluster II,

Instructional Superintendent is Mary Anne Stinson (a Relay coach featured in

Relay advertisement and books). It is undetermined if Mary Anne Stinson receives

compensation from Relay. Ms. Stinson reports to Jeffrey Holmes, Chief Elementary

School. Mr. Holmes is the supervisor of all elementary school instructional

superintendents.

All Ward 7and Ward 8 schools consist of impoverished areas with a majority Black

student population. Ward 7 and Ward 8 schools were mandated by their DCPS

Instructional Superintendents to participate in the Relay program: a widely known

school-to-prison structured program with racist and militaristic practices.

The implementation of Relay shows the disastrous impact, of funneling public

dollars into private for-profit and non-profit operations, that have questionable, if

not abysmal, track records for educating children well—particularly poor children of

color.

On Friday, May 15, 2020, Dr. Jeffrey Holmes, Chief Elementary School, stated,

“there’s no data” when asked by Boone teachers if DCPS had data to show if Relay

had successful outcomes within DCPS. It’s public knowledge that several states and

cities have denied Relay access to their children.

Responsive Classroom is a student-centered, social and emotional learning

approach to teaching and discipline. It is comprised of a set of research, and

evidence-based practices designed to create safe, joyful, and engaging

classrooms and school communities for both students and teachers.

Relay is another component of the destroy-public-education infrastructure that

mirrors Professor Noliwe Rooks’ definition of segrenomics; “the business of

profiting specifically from high levels of racial and economic segregation.”

unmaking of public education and the disastrous impact of funneling public

dollars to private for-profit and nonprofit operations.

The Boone principals and several teachers were required to attend Relay

training during the summer break before SY 19/20. During these training

sessions Boone leadership was appalled and teachers were disgusted by what

they experienced during their professional development introduction to Relay.

It is said, “Relay teachers work exclusively with ‘other people’s children’ and

provide the kind of education that Relay staff would never accept for their own

children. Professor Zeichner remarked, “Their mumbo jumbo and smoke and

mirrors game did not work however, in either CA or PA where the states ruled

that Relay’s programs did not meet their state standards for teacher education

programs.”

II. Procurement Fraud: The District’s Contracts and Procurement Transparency

Portal reveals DCPS, OSSE and EOM have produced nearly $900,000.00 in

purchase orders paid directly to Relay Graduate School of Education. I have found

through discovery that there are major discrepancies in the accounting process and

validity of the purchase orders that appear in the Transparency Portal.

On Tuesday, May 15, 2020, I did a search in the Procurement Transparency Portal

under “Payments,” and entered the name Relay into the “Vendor/Suppier” section of

the Transparency Portal. Those two steps produced two options to select under the

name Relay:

Relay Graduate School of EDUCA, and Relay Graduate School of EDU. The former

list four pages of “Payments”with an estimated total of $380,466.53; and the latter

listing six pages with an estimated total of $806,530.10. I did discover the all former

EDUCA transactions were included with the latter EDU transactions. I find this

highly odd and misleading.

When I conducted a “Purchaser Orders” search, within the Contracts and

Procurement Transparency Portal, and entering the name Relay into the

Vendor/Supplier section presents one option: Relay Graduate School of Edu.

The results of the “Purchase Orders,” search produced two pages. I found that

several purchase orders are missing from the six page “Payment” document listed

under the Relay Graduate School of EDU. Also, several transactions on the

“Payment” document were not stated on the “Purchase Order” document.

Again, I find this highly odd and misleading.

In essence, as a DCPS employee, DC resident, and taxpayer, I’m highly suspicious

of my findings and observation. I have an equitable right to seek an immediate

investigation into the Disparate Treatment of Black children in Ward 7 and Ward 8,

begin subjected to Relay: a widely-known school-to-prison pipeline structure with

racist and militaristic practice, while schools with predominately White students

are not subjected to Relay practices.

When asked by teachers if Relay had proven data of success, Mr. Holmes, Chief,

Elementary School stated, “there’s no data.” With nearly $1million dollars spent on

a program with “no data” to measure outcomes is of great concern to me and

residents of Ward 8, and guardians with children in DCPS. Procurement Fraud of

DC government misappropriated funds is extremely alarming and must be

investigated.

Is the DCPS Cluster II, Instructional Superintendent compensated for enforcing

Relay? She appears in Relay’s literature and books, a graduate from Relay’s

Leverage Leadership Institute, and a Relay Coach This is alarming due to

producing a major conflict of interest and must be investigated.

Finally, I believe the non-reappointment of Dr. Carolyn Jackson-King, Principal,

Lawrence E. Boone, and other DCPS principals East of the River, under the

supervision of DCPS Cluster II Instructional Superintendent, were highly

motivated due to their questioning the disparate treatment of Black children East

of the River in the District of Columbia.

I am requesting a full and thorough investigation into all allegations.

Respectfully,

Marlon Ray, M.Ed.

Director, Strategy and Logistics

Lawrence E. Boone Elementary School

2200 Minnesota Ave. SE

Washington, DC 20020