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The state doesn’t ask potential vendors to submit a business or education plan up front. Anyone who wants to be an authorized Hope “service provider,” including a microschool, must sign a contract agreeing to get criminal background checks on staff working with students and to notify districts when they enroll. To receive funds, vendors need only submit a W-9, a tax form for an independent contractor, and document the Hope funds they receive from parents.
That's typical. In most voucher states, all you have to do to be a voucher "vendor" is just say so. And it's not just that voucher laws lack any sort of oversight or accountability mechanisms--most of the recent voucher laws or law expansions very specifically forbid oversight or accountability.
This has happened even as voucher fans have retired the talking point that vouchers allow students to get a better education. Fact is, most voucher laws are carefully designed in such a way that we have no idea what quality education students are getting.
Why are we here? It's simple.
Voucher programs are not about giving students access to quality education. Vouchers are about giving churches and businesses access to taxpayer dollars.
The less oversight and accountability, the more access to those taxpayer dollars. If that costs some students a few years of their education, oh well. They are not the priority.
Back in its MAGA Moms for Liberty period, the Central Bucks School Board implemented so many discriminatory policies that both the ACLU and the U.S. Department of Education came after the district for creating a hostile environment for LGBTQ students. So they hired the law firm Duane Morris to do an internal investigation. Turns out that the result was not just junk, by hugely over-priced junk.
The Duane Morris firm was an odd choice to begin with, as the firm includes Bill McSwain, a former failed GOP gubernatorial candidate whose candidacy included such great moments as calling the West Chester Area School Districts' Gender-Sexuality Alliance Club an example of "leftist political indoctrination." So maybe not the guy to take a hard look at the district's LGBTQ environment unless your fear is that it's not hostile enough.
When the report was issued, the ACLU immediately noted
The district got what they paid for – a one-sided investigation that was never intended to take seriously the allegations of a hostile environment for LGBTQ students at Central Bucks
It was not great. But now it turns out that it was also hugely overpriced.
Folks noted at the time that the $1 million bill from Duane Morris was pretty steep. But it has since mushroomed to $1.75, and many folks are crying foul--especially because the previous board majority knew.
Reporting for the Bucks County Courier Times, Jo Ciavaglia unearthed some emails from an attorney whose firm had previously worked for the district to former Superintendent Adam Lucabaugh and former board president Dana Hunter. Those emails warned that the bills were seriously inflated and that the district should seek both detailed documentation and reduced charges. That email was sent in June of 2023.
The attorney noted that while McSwain promised that associates and legal assistants would handle most of the work, keeping costs low, that's not what happened-- a whole team was brought in, and billed hours like crazy. Maddie Hanna of the Philadelphia Inquirer (whose work is always top notch), dug through some of those emails, for specifics like $10,000 billed for a memorandum after the interview of a middle school principal.
Turns out Duane Morris also helped the district draft some policy barring teacher "advocacy" in classrooms. The policy is a page and a half; it apparently took five lawyers to draft it.
This came under the same board that tried to give Lucabaugh a massive severance reward when the election showed shifting winds.
Central Bucks is a wealthy district, but that's not an excuse to throw taxpayer money around left and right (well, mostly right). That this particular fleecing was performed in the service of protecting an atmosphere hostile to LGBTQ students is doubly odious. If ever there were board members who deserved to be ousted, it was that crew. Let's hope the current board doesn't find any more messes to clean up after.
“He has a vastly superior understanding of the legal, financial, administrative, and educational philosophy aspects of the job,” Rutledge wrote, adding that Durst is popular among Bonner County voters and “has the broad support of the nearly 13,000 residents of our district.”
“Why on earth would you hire a mechanic to bake your wedding cake?” Scott-Yount said. “It’s terrifying.”
There was just one problem. Okay, one other problem.
The proposed contract was bonkers.
It made him hard to fire-- the trustees would need a super-majority to vote him out. The draft contract also required the district to provide his legal counsel, requiring the district to protect Durst and his wife from “any and all demands, claims, suits, actions, and legal proceedings brought against the Superintendent for all non-criminal incidents arising while the Superintendent is acting within the scope of his employment.” The proposed contract also included a vehicle, a housing allowance, and district-provided meal services. Plus an ability to work remotely (like, say, from Seattle).The unifying thread is overwhelming personal ambition. The causes change, but what’s been constant is Durst’s belief that he should be given the power to implement his ideas, whatever they are that week.
There has been a second constant as well: failure.
But he wasn't done yet
Even as the voters were goggling at Durst's hiring, they were also trying to recall the wingnuttiest of the board members. Despite any number of nasty tricks, the recall succeeded at the beginning of September. But those seats wouldn't be filled until November, and in the meantime, Durst and the board tried some last minute antics, like moving to dissolve the school board at a board meeting scheduled at the last minute for a Friday evening of a three day weekend. It took a court ordered injunction to stop that nonsense.
The recall created another problem. With only 3/5 of the board left, any one member could grind things to a halt by simply not showing, and for the first meeting after the state shot down Durst's aspirations, the remaining conservative member did just that. No meeting held, no action taken, and Durst meekly slinking away--ha! No, just kidding.
But, Durst told KREM 2 he still is the superintendent.
"They don’t make the law," Durst said. "They aren’t the law. How many people could say that? That they don’t have to follow the laws of Idaho.”
Finally, late in September, Durst threw in the towel. Well, not "in" exactly, More like pitched it angrily at his detractors. Declaring he wanted an "amicable and fair" parting, Durst claimed in his Twitter-posted retirement letter:
Throughout my short tenure, I remained cognizant of the fact that not everyone in the community welcomed my hiring, and there were those who hoped to see me fail and did everything in their power to try to make that so, even if meant hurting very students they claimed to support. I was undeterred by the naysayers and their negativity only strengthened my resolve to do what needed to be done to put this district on a path toward success.
That brings us up to date
What Durst has been doing since, who knows. His LinkedIn page still lists him as superintendent of West Bonner. But whatever he's been doing, it apparently leaves time for nursing a grudge.
Last Wednesday, he filed a tort claim (kind of a save the date for an impending lawsuit) claiming $1.25 million in damages. As unearthed and reported by Idaho Education News, Durst is claiming that the Idaho Board of Education's refusal to grant him an emergency certification "resulted in his loss of employment."
He is after compensatory damages on top of “punitive damages due to professional, emotional and reputational harm,” which is a hell of a ballsy move. "Hey, your refusal to grant me professional certification for a profession for which I am in no way qualified has damaged my reputation as a member of that profession." I wonder if I can sue someone for hurting my professional reputation as a brain surgeon because they point out that I am in no way qualified to be a brain surgeon.
Important feature of this story--one of the people he'll be suing is state superintendent Debbie Critchfield, the person who beat his butt back when he ran for that office.
Is Durst going to break his long string of failures with this lawsuit? I'm betting it's not likely. Is that going to lead to him quietly sitting down and finding something more useful to do? I am betting that is also not likely.