Education is a voting issue in local 2008 races!

I generally agree with the idea that our state is generally well-run fiscally. I am very happy that we have a Rainy Day Fund earning interest and that $100 million in education money was set aside last session. I was fully supportive of the special session and saving the money through ongoing cuts when the forecasts are for state revenues to only get worse.

That said, how would voting for non-incumbents in local races lessen that emphasis on fiscal responsibility? In my opinion—not much at all. The moderate Republicans and many of the Democrats in this state would be hardcore Republicans in other states, while many local Republican legislators like Howard Stephenson and Craig Frank would be marginalized Libertarians. And most of the challengers can only be more trustworthy, more courteous, and more representative than Stephenson, Frank, Curtis, Hughes, Bramble, Buttars, etc.

Thus I feel free to search for candidates who more closely represent my views. It is possible to find legislators who better represent moderate viewpoints and avoid silly partisan power games. It is possible to find legislators who are both supportive of the ideals of public education AND fiscally responsible. Don’t buy into the false dichotomy being preached by many local incumbents: vote for me or Utah’s government will fall to Godless, spend-happy socialists.

Many legislators speak out of both sides of their mouth, constantly explaining how they are handcuffed because the state invests a high percentage of its revenue in education, but then dismissively trying to label voters who prioritize education as “single-issue voters.” Education spending accounts for over half of the money spent by the state government, so why shouldn’t it be at least half of voters’ criteria when selecting candidates? If new legislators would continue the good policies of our current legislature, but support public schools rather then attack them or manipulate their funding through suspect bills, I view it as a moral duty to vote for them.

These are some education issues that I believe are important both in their specific implementation and their longterm ramifications:

1. The voucher debacle willingly undertaken against the wishes of the people.

2. The omnibus education bill passed last session, SB 2, which abused all notions of good government ( besides being unconstitutional according to the Utah State Constitution) by stockpiling popular bills, and then rolling them together with pet projects of the influential Howard Stephenson on the 2nd to last day of the legislative session and passing the whole lot with little debate on the last day.

3. The constant chipping away of the citizens’ right to bypass or overrule those elected to represent them through initiatives and referendums like the one that overturned the voucher law. One of those unconstitutional laws passed this year, SB 53, which took away the right of the people to contest political bodies’ decisions on land use and was just overturned by the state supreme court, could also cost tens of thousands of dollars beyond what the state already wasted defending it if the complainants get their money reimbursed. I fear they have a great case.

4. Legislators lying about voucher opponents and costs (The USU Study), current school expenditures, and their views on public education.

5. Legislators not reading relevant materials to bills they’re discussing or actually visiting schools with programs they are discussing, but instead making decisions about education in Utah based on kook, conspiracist websites for information.

Get informed! Vote!


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Good news on the people's right to use the initative and referendum process--emergency order for the Sevier power plant referendum--SB 53 under review

Good news yesterday. The Utah Supreme Court issued an emergency order putting the referendum in Sevier County back on the ballot. The referendum could overturn the zoning decision by the county commission allowing a coal-fired power plant to be built where many residents feel it will affect their homes.

Referendum supporters had initially gathered enough signatures to put the referendum on the ballot. However, the county first quibbled about which acronym of zoning law was on the petition, and then the developers succeeded in convincing a lower judge to remove the referendum based on SB 53, despite the fact that SB 53 took effect after the referendum drive had been successfully completed. (The link in the first paragraph contains articles detailing all of this.) The interested Sevier citizens then appealed the decision to the state supreme court. The Utah Supreme Court issued the decision of emergency extraordinary relief the same day as the first oral arguments in the case.

The court battle will continue and address the bigger issue of whether SB 53 is constitutional. (Please read it--the text is only 6 lines long.) This is huge folks. Can the legislature ban certain types of laws from the processes of public redress? I want to plug my post last month on referendum restrictions passed by the legislature in the session this year. It's so long that I think people were discouraged from reading it. (It also references the Bernick/legislature blow-up over whether he made up a story about referendum laws. You can skim over the initial paragraphs if you want because I just use that dispute to highlight what the legislature is claiming vs. what they really did.) Please take 10 minutes and read through it. You can follow the numerous links to original information or not, but educate yourself on what the legislature is doing to our right to affect their decisions.

I'm going to post links to some articles and the text of the KSL and Tribune articles. I'm underlining a passage in each article detailing how the State Attorney General's office has already issued an opinion that SB 53 is unconstitutional, and that SB 53 would set precedent allowing the legislature to disallow other types of laws from the referendum process...education laws for example?

http://www.deseretnews.com/article/1,5143,700265108,00.html

http://www.ksl.com/?nid=148&sid=4469842

Court rules residents should be allowed to vote on power plant
October 8th, 2008 @ 5:40pm
By John Hollenhorst

This afternoon, the State Supreme Court issued an emergency order allowing Sevier County citizens to vote on an issue that's got a lot of them riled up. It's a case with a narrow focus but broad implications. The Supreme Court's emergency order allows citizens to vote on a controversial power plant.

A lower court previously took the initiative off the ballot. It's an issue with statewide significance: Should "The People" have the right to vote on key issues?

The court has shot down an effort by power plant attorneys to block an Election Day voter initiative. Those attorneys were using a legal argument the Legislature could have used to prohibit voter initiatives on any topic.
Before a coal-burning plant is built in Sevier County, many residents want the right to say "Yea" or "Nay" on Election Day. But power plant attorneys persuaded a judge to remove the initiative from the ballot. The Legislature last session passed a bill forbidding voter initiatives on zoning issues. Fred Finlinson, counsel for Sevier Power, said, "Zoning law is supposed to be uniform and equal."

But Jeffery Owens, a lawyer for Sevier citizens told the Supreme Court, the new law flies in the face of the state constitution, which guarantees citizens the power of the ballot through initiative and referendum. He said, "Certain decisions made by voters are the wrong decision. But they should still, in this democratic society, should still be able to make that determination."

He added, "It's basically a check on the power of the Legislature. And that's especially important in a state like Utah that's heavily Republican."

"I think they're trying to create an even playing field across the entire state, as they do across the nation, and say that votes are not part of the zoning process," Finlinson said.

But another lawyer for the power plant admitted, if the court were to uphold the new law, it could set precedent for the Legislature to ban the initiative and referendum process on other issues from tax cuts to school vouchers. Owens said, "Yes, I think it will have an impact far beyond Sevier County."

We asked Finlinson, "Are you fearful that if it's put to a vote, you'll lose?" He replied, "No, I think we would win."

Owens said, "This is an important enough issue for the citizens of Sevier County that it is worth turning the election upside down."

Now, Sevier County officials will be scrambling to get the initiative back on the ballot. They had already started mailing out ballots without it.

So far, we don't know the Supreme Court's reasoning. They've issued the emergency order, but they'll issue their actual ruling sometime later.

E-mail: hollenhorst@ksl.com

http://www.sltrib.com/ci_10674635

Power plant up to voters
Utah high court says Sevier County initiative should be on ballot, may
rule on constitutional issue later
By Cathy McKitrick
The Salt Lake Tribune
Article Last Updated: 10/09/2008 12:53:16 AM MDT

Within hours of hearing oral arguments, Utah's Supreme Court ruled
Wednesday to place a Sevier County citizens initiative back on
November's ballot.
That order overturned a mid-September 6th District Court decision
to yank it off.
Proposition 1 will allow voters to weigh in on a proposed
coal-fired power plant to be built near Sigurd. Plans for the 299-acre
facility have been progressing through the county's planning process
for more than two years and the concept has driven an emotional wedge
between opponents and supporters.
According to its terse order, the high court's full opinion will
come later, "in due course." The complete ruling is expected to
address whether SB53, passed by the 2008 Legislature to put some
restrictions on local initiatives, is constitutional.
"It's quite remarkable," attorney Jeff Owens said of the court's
decision to grant his clients' petition for extraordinary relief. For
Owens, 30, it was his first time arguing a case before the state
Supreme Court.
Power plant opponents applauded the news as a victory for democracy.
"We're elated," Jim Kennon with Sevier Citizens for Clean Air and
Water said in a statement. "It's a good thing we now have the right to
vote on something like a power plant that will have a long-term impact
on our quiet, peaceful community."
The brisk court order stunned attorneys representing the Sevier Power Co.
"I'm not only puzzled, I'm surprised," said Fred Finlinson, a
Saratoga Springs land-use attorney. "We're looking at our options for
a rehearing."
At the heart of this case is Sen. Brent Goodfellow's SB53, which
sailed through the Legislature with broad support and took effect May
5.
The new law prohibits the use of local initiatives to enact or
change land-use ordinances. It also prohibits initiative efforts
related to a city or county's implementation of land-use laws.
In April, the Attorney General's Office said that courts would
likely strike down SB53 because it restricts a fundamental right
guaranteed by the Utah Constitution.
On May 2, a group dubbed the Right To Vote committee submitted
more than enough signatures to Sevier County, but Sevier Power's
attorneys argued that SB53 nullifies that effort because county
officials failed to validate the signatures until June 20.
Owens argued that SB53 is overly broad and unconstitutional.
Cass Butler, an attorney representing Sevier Power, argued that
Article 6 of the state Constitution has limits.
What's more, Butler added, Sevier County has already mailed out
175 absentee ballots without Proposition 1.
"Perhaps they mailed those ballots out at their own risk," Justice
Michael Wilkins responded during Wednesday's hearing.
Proposition 1 would amend the county's conditional use ordinance
to require a public vote before permits are approved for any
coal-fired power plant.
Finlinson, pointing to the county's approval of a planned unit
development overlay zone in June 2006 - enacted specifically for this
facility - said initiative proponents are two years too late and seek
to amend the wrong section of the law.
"It's a heavy burden to make [the county] change all the ballots
for this election," he added.
cmckitrick@sltrib.com

False FUD Factusations

First, random related musing…I attended the BYU-TCU game tonight. As I enjoyed the game and the atmosphere, I thought about Utah County’s very close split between Referendum 1 supporters and those against the voucher bill, and all of those heated advocates sitting here screaming together at some horned frogs rather than at each other. I wonder if I’ve conversed with any of these people online or seen a sign in their yard as I drove by?

Two voucher supporters, Rep. Steven Urquhart, and Jesse, have written thoughtful commentary on the rejection of Referendum 1, even though I still disagree with many of their base presumptions and hope to influence some of those ideas in the course of discussion. But notice the 11th comment posted below Jesse’s post by Dave Hansen (Who, as best I can find, seems to be the President of The Buckeye Institute, another out-of-state, rightwing think tank trying to use Utah as a national lever for its own agenda and publishing silly propaganda like this. Especially enjoy the comparisons between public school supporters and repressive white leaders in the Old South straight from Patrick Byrne’s election night playbook.) totally attacking Jesse for what Hansen perceives as erroneous departures from the voucher orthodoxy. If Jesse deviates in any degree with PCE’s talking points, then he must be inexperienced, not committed enough like Dave the donor, and must not have read the bill. All this to a vocal voucher supporter who voted for the bill, but was discussing strategy to address opponent concerns after Referendum 1 was voted down 62.2 % to 37.8% in one of the most conservative states in the union. So if this is how some on the voucher side treat their supporters, how must they be justifying their loss to the intellectually inferior public school advocates?

FUD. Fear, uncertainty, and doubt. This was the only strategy used by voucher opponents (and the Satan worshippers at the UEA) because the benefits of vouchers are inherently truthful. Any “Against” vote was from a lazy teacher interested in preserving his/her union power or someone too stupid to mistrust all of this “out-of-state” influence.

This self-justifying attitude is coming from prominent sources and anonymous comments on the message boards, all of it insulting and arrogant.

The public faces:

Patrick Byrne’s IQ Test http://www.sltrib.com/ci_7392263

Doug Holmes http://www.foxnews.com/story/0,2933,308936,00.html

Doug Holmes, chairman of Parents for Choice in Education, said opponents used fear to kill vouchers. Prize-winning teachers surrounded by kids appeared in TV ads warning that the program was flawed and a threat to public schools.
"Serious people who evaluated the policy -- the governor, the Legislature, the business community, etc. -- all support this," Holmes said.

(As opposed to all those flippant, jolly PTA moms…)

Rep. John Dougall http://www.dynamicrange.org/2007/11/were-you-inform.html#comments

Larry Miller?! http://www.senatesite.com/Documents/2007/LarryHMiller1.pdf
(Rep. Dougall wouldn’t agree about his reading the bill being “radical.” The Sidetrack points out some memory differences on the timing of his conversion and ensuing donation.)

I learned a new term, one that I hadn’t heard before. It was that the F.U.D. method was being used, by design, in the NEA sponsored opposition ads. The F.U.D. method is “Fear, Uncertainty, and Doubt.”

Richard Eyre and Senator John Valentine http://www.kcpw.org/article/4780

But pro-voucher spokesman Richard Eyre thinks voters were more confused than they were opposed to vouchers. And Senate President John Valentine still believes Utahns would support vouchers with the right information.

More from Senator Valentine: http://senatesite.com/blog/ (Nov. 6th entry)

No one likes to be served humble pie but, whatever the outcome, I believe it's healthy for government to be reminded that voters are citizens, not subjects. They are the final decision makers on this bill and bear the final responsibility for what occurs as a consequence of their vote.

I initially though this quote showed at least some recognition of the validity of public opinion, but when I shared it with friends, they immediately retorted with, “The fact he had to be “reminded” that we aren’t subjects explains this voucher bill perfectly.” And I hope those consequences don’t include politicization of the school board.

The Peanut Gallery:

From this Deseret News Article:

Concerned | 9:20 p.m. Nov. 6, 2007
GWB Did you actually read the legislation? It's apparent you didn't. Vouchers did not give anything to the rich. It actually helped far more middle and poor class kids. Not to mention the significant increase spent on public schools. I encourage all to read the actual printed law even though it's too late. You will find the Anti-Voucher side LIED!!! And these people teach our kids. It just goes to show that even those who claim they're above the mess will go right into the muck if they feel threatened in anyway.

If the majority is unwilling to sufficiently research their vote where will we end up and what will need to be done when the mess is over our heads?

From this Tribune Article:

Tumbleweed Tom: 11/7/2007 9:35:00 PM

Anything But: You think conservatives aren't united by anything but
greed? We've shown you and will continue to show you how united we are against liberalism, socialism, anti-religionism, porn, crime, gun control, abortion, the UEA and the NEA (because they bash conservatism and embrace and try to indoctrinate about libralism). We don't oppose teachers, only teachers who try to endoctrinate our kids w/ the liberal crap. In that sense most politicians who are endorsed by the UEA or NEA will find that the endorsement is a ball and chain. The best thing the teachers of this state could do is completely cut themselves off from both unions and hire lobbyists who can convince legislators that teachers do not want to attack the core values prevalent here. The defeat of vouchers doesn't mean our values have changed, only that confusion or uncertainty of vouchers prevailed. Our legislatures, most of whom on all other issues, share the core values of the majority here, may indeed blame the UEA for the failure of vouchers. That probably means the two unions will be considered DIRT more now than ever before. Teachers, if you want to make headway w/ the Legislature, get rid of the UEA and NEA and use the money to hire effective lobbyists (who have never had any affiliation w/ either UNION).

From the initial KSL report of the referendum’s defeat:

I agree 100%
by tifflynn @ 11:52 pm - Tue. Nov. 6th, 2007

I really think people just trusted what they heard the most of. When
one side is spending literally 3x as much as the other, as was the
case here, the first is bound to win. Few people were able to look
into this program with an open mind. It was obvious to me (as I spoke with several teachers and PTA members) that someone was persuading most everyone in the public education system to think one way and one way only. I don't think too many teachers or citizens were able to look at the issue head on and read the facts to decide what was best on their own. It's too bad because we should be fighting for better education all around. Competition would have been very good for the public schools, smaller class sizes would have happened, increased funds would have helped. But I believe it just comes down to someone or some group wanting control for themselves. Fear of losing that control is what drove the anti-voucher campaign and somehow a lot of people bought into it all too easily. It's just too bad.

What a bunch of bologna! That is exactly the opposite of my observations and what has been recorded by those willing to share their reasoning. Those thoughtful enough to read the bill were more likely to change their minds from a vote "for" to a vote "against":
Here, here, and here.

Bear in mind, these are people who support vouchers in principle, but found too many flaws in this bill. I never found a similarly reasoned admission from an anti-voucher advocate switching to be pro-voucher.

As far as being informed, I asked my state senator if she had read the USU study used to claim over $1 billion in savings. She hadn’t. I seriously doubt that Speaker Curtis and Senator Valentine have as well. (See as well this “honest and sincere” questioning of the public’s ability to do anything right.) As I researched exactly how the bill funding language worked and read PCE’s own studies, I blogged about it and posted my findings on some other blogs that were pro-voucher. In the heated atmosphere of online debates, these four blog comments, based on the financial details of HB 148, had not been responded to as of early Friday, Nov. 9, 2007. I believe it is because my comments are indisputable on at least these two points of funding:

Utah Politics: http://www.utahpolitics.org/archives/2007/11/educate_dont_brainwash.shtml

A marketing/PR guy with lots of ideas who works for the Utah Jazz on game nights--which I mention because it is cool:
http://www.russpage.net/utah-vouchers-oreo-cookie-ad-exposed/#comments

A nice guy recommended by Rep. Urquhart:
http://magicvalleymormon.blogspot.com/2007/10/vouchers.html

Rep. Dougall (I was most nervous about posting to this blog as his replies tend to be caustic, but I definitely read the bill and concluded it was flawed. I've been ignored so far.)
http://www.dynamicrange.org/2007/11/were-you-inform.html#comments
I’ll quote this one because I think it’s the most succinct:

I personally believe that voucher supporters were more guilty of light reading than voucher opponents. The claims of $1.4 billion in savings were accepted and promulgated without question by PCE and repeated in the last letter to the public from Sen. Valentine and Rep. Curtis. I'm doubting they read even the executive summary of the USU study they cite, let alone the in-depth statistical twisting necessary to save $2675 more on the marginal cost of each student leaving school than total cost put in per student including capital costs.

Lines 309-315 of HB 148 reveal the shell game. When the general fund disperses a $2250 voucher to a school, the district ALSO has to give $2250 back to the Uniform School Fund...where it just sits until rolling back into the funds for the next year. That money is counted in the total student funding which makes the funding statistic look better, even though the local school and district both lost money. And after the five years of mitigation, the district loses the entire MSP.

I feel the true financial impacts of the bill have been nailed down fairly well now, besides a few factoids dependent on legislative intent that we may never know…such as whether the MSP withdrawn per student would be a statewide average, a district average (these two would differ by thousands of dollars in some cases), or the actual MSP of that student which would in most cases be only the WPU of $2417, resulting in mitigation refunds of only a couple hundred dollars. I’ve got further things to say about the UEA and my ideas for school improvement in the coming weeks.


Go to any article written in the last few months about vouchers in the Deseret News, Salt Lake Tribune, or ksl.com. Click on the comments and see for yourself. The only FUD is that being spread by the voucher supporters to counter anti-voucher fact. They use “the status quo” as a buzzword about our “failing,” “broken” school system. They refuse to acknowledge the permanent, historical underfunding of our schools by claiming the state has been “throwing” money into the failing system with no results. The UEA or NEA is the strawman bogeyman that opposes all improvement, and therefore, voucher opposition is about “power and control."

Even voucher supporters mentioned above acknowledge the huge cost and inequality of HB 148 as written. Hundreds of thousands of smart, conscientious Utah voters rejected vouchers because of sincere philosophical objections to an instrument designed to destroy public schools. Regarding tax contributions as individual payments to be distributed back to the individual taxpayer inevitably leads to privatization and exclusion of those unable to pay. We don’t receive individual allotments of roads, police protection, fire service, etc. because the system would break down and exclude large portions of society. Society as a whole, including the wealthy taxpayers ultimately funding these public goods, benefits from an educated, protected populace. It cannot be about “I got mine.” That is not fear; it is principle.

Vote! TRUE cookie commercial...Quick reviews

Vote! 1. It makes you, the state, and the country better. 2. The pro-voucher supporters are tightly organized and getting out the vote--a surprise would make us all sick. 3. CRUSH vouchers. Send a message. The higher the margin of victory, the less likely that the legislature can turn around and try it again, despite the campaign contributions. You don't have to think public schools are perfect to vote vouchers down.

The TRUE Utah Voucher Cookie Ad


A quick, but revealing overview of the confusing voucher funding:

New visitors--why the voucher "savings" are untrue AND Nuts and Bolts of Voucher Funding part 5


A longer, more detailed analysis of what really happens when a student takes a voucher:

The Nuts and Bolts of Voucher Funding -- Parts 1 1/2, 2, 3, 4, and a response to BYU professor, Clayne L. Pope

The pro-voucher side is NOT giving up. This is from their email yesterday. I shouldn't be, but I am continually staggered by their hypocrisy about out-of-state funding.

Turnout will push Referendum 1 to victory

Some polls done by the media show that the school voucher law is behind in statewide opinion surveys. While we always knew this Referendum would be an uphill battle against a wealthy entrenched special interest union with millions in out-of-state cash, we remain confident.

This election will be decided by turnout. Normally, odd-year elections have very low turnout. Conventional wisdom has been that Referendum 1 would lead to higher turnout, but early numbers show that voters have been less than expected.

We have the votes to win, if those voters will show up and cast their ballots. The most important thing you can do is to get to the polls on Tuesday, and take other Referendum 1 supporters with you. We can win this election if you show up and vote!