SJR 1, SJR 9, HJR 15...Three different ways to give GOP leadership more control over education, but is the end game really partisan school boards?

Using the permanent, significant process of amending the state constitution to achieve temporary, political ends would normally be something conservative Republicans would oppose, but if involves giving them more control, especially over public education which they have made abundantly clear this session that they hate, their standards become more flexible.

Utah Republicans have proposed three different conflicting constitutional amendments this year. If they pass both the Utah Senate and the Utah House by a 2/3 majority vote, they will go on the ballot in 2012 for the public to vote on the changes. I don't believe Governor Herbert can veto proposals for constitutional amendments, but I am not 100% sure about that.

SJR 1 Joint Resolution on State Board of Education Authority, Senator Chris Buttars
This proposed constitutional amendment would give the state legislature control over curriculum in answer to supposed socialist teachings and law breaking by schools. Click on the link and then listen to the audio recording of the Jan. 26 committee hearing to hear the claims. This has already passed a vote in the Senate Education Committee.

SJR 9 Joint Resolution - Governance of Public and Higher Education, Senator Stuart Reid
This proposed constitutional amendment would give the governor "CEO" power over both K-12 and Higher Ed. for the entire state, including the ability to dissolve the State Board of Education or eliminate the position of state superintendent. Governor Herbert knew nothing about this proposed amendment until after the session started. The sponsor, Stuart Reid, does not know what effect this change would have on the large system of educational governance in both systems. He and Senator Stephenson speculated in committee that they could pass the amendment and then figure out a bunch of laws they will need to change afterward. Once again, this proposal has already passed a Senate Education Committee vote and the audio of the justification can be found at the above web page for the bill.

Governor Herbert opposes both of these proposals, saying the current system of governance by the State School Board "is actually working pretty well" and that the legislature would just become "a super school board of 104 personalities." (Two more stories on the proposed amendments and committee debate: The Trib and Channel 4.)

HJR 15 Joint Resolution Amending State Board of Education Provisions, Representative Chris Herrod
This proposed constitutional amendment would eliminate public elections of the State School Board. School board members and the state superintendent would instead be appointed by the governor "with the advice and consent of the Senate." This amendment was sent to the House Rules Committee Friday afternoon and has not yet been discussed. It will likely be sent to the House Education Committee next week. Keep an eye on the "Bill status/Votes" link on the bill's web page or subscribe to receive updates at the bottom of the page. You can listen to the committee debate live or after the fact.

If the legislature had an excellent plan, an optimal alternative to the current structure and authority of the State School Board that they thought was important enough to change the constitution rather than just tweak a law, there would have been one proposed amendment with a compelling reason for its existence. Instead, three conflicting amendments have been thrown against the wall to see what sticks.

What is the common thread between the proposed amendments? These three amendments propose three different ways to put politicians directly in charge of education. I think the desire to gain control over the check and balance of an independently elected State School Board is plain. The board strenuously opposed private school vouchers in 2007 and has often opposed other pet GOP leadership proposals since. Sen. Hillyard asked the cogent question to Sen. Reid whether he would be proposing the amendment if the governor were a Democrat. Reid replied "Absolutely," but do you believe that?

I have commented before that the public trusts educators much, much more than politicians. This may not be true of the Eagle Forum echo chamber that sees public education as a socialist plot to "bring down America," but they don't represent close to the majority of public opinion, even in Utah.

So I'm not completely surprised legislators would attempt any of these power shifts, but I don't see any of them as likely to pass a public vote. Why the glut of huge changes now? I don't know how coordinated these amendment proposals may have been, but there is at least a plan to take advantage of the fear they are generating. On Red Meat Radio today, State Superintendent Shumway was interviewed again and asked about the proposals, including the possibility of the State Board or Superintendent being eliminated. At the end of the discussion, Senator Stephenson pushed Shumway to state whether he would prefer the State School Board being eliminated or elected in a partisan election with Republican and Democrat candidates voted on in political conventions. Shumway was badgered into saying he thought both were bad ideas, but he would prefer a partisan election to complete elimination of the State School Board.

Was this the dry run for the line of reasoning that will be used in committee? Partisan school board elections will be the "good cop" after the "bad cop" threats of complete overhauls of the education system via constitutional amendment?

Running state and/or local school board elections through party conventions will basically accomplish the same goals of the three amendments. Vouchers failed statewide, even among Republicans, but state and county Republican delegates as a group share many more of the antagonistic views toward public education held by Sens. Stephenson, Buttars, Dayton, etc. The highly conservative candidates vetted in the Republican conventions would automatically win 90%+ of their general races simply by virtue of the R before their name. Within two election cycles, the State Board of Education would be taken over by candidates who do not represent the common views of Utah citizens. The legislature could run extreme ideas such as vouchers, converting traditional public schools to charter schools, and drastic budget cuts, and be able to tell people "the State School Board supports our proposal."

I've already shared my opinion about partisan school board elections and some excellent links to arguments for and against. (Further clear discussion at Utah Moms Care.) If the threat of a partisan school board election bill amendment doesn't happen as detailed in the post, Senator Stephenson has a bill of his own in waiting titled "Partisan School Board Elections."

Utahns overwhelmingly oppose partisan state and local school board elections by 66% and 72% counts. The legislative leadership has demonstrated they don't care about that, vouchers being only the most obvious example of knowingly pushing their ideology over the will of their constituents, and they know they won't suffer any repercussions at the ballot box after emerging largely unscathed from their voucher defeat.

I am worried. Really worried. The legislature has spent the first week of the session on an all out offensive against public education and they have more in mind than just insults. Follow these important education bills and contact your legislators. Encourage other constituents to contact them with a voice of reason about public ed. as well. Public education is vulnerable and strained to the breaking point already. Don't let it be turned into a political football based on rigid ideology rather than concern for kids.

.

Willful ignorance and fear about public education PART 2: Senator Buttars' constitutional amendment to give the legislature control over curriculum

 

Senator Chris Buttars literally believes that public education in Utah has been subverted to promote socialism/communism/anything not in agreement with the political views of Oak Norton. His solution is to make a subtle change in the state constitution. Buttars' SJR 1, proposed amendment to the Utah State Constitution. More after the quotes from the news report on his part at the Eagle Forum convention in Salt Lake City.

http://www.fox13now.com/news/kstu-buttars-vs-school-boards,0,2924086.story?track=rss

"We're in big trouble in our public education system. I didn't realize how much until a month ago when I was asked to chair public education appropriations," said Buttars. "We met and when we got done we were all so terrified we couldn't believe it. This was right under our nose."

Buttars' positition as the chair of the Public Education Committee means he has the power to make this plan a reality.

"Socialists have found that the best way to change a country is not by a revolution," said parent and Eagle Forum panelist Susie Schnell. "Teach children the concepts at a very young age so by the time they're ready to vote they'll vote for the right candidates. Hence, Democratic Socialism."

Panelist Oak Norton refers to Kleon Skousen's 1961 book The Naked Communist.

"In that book he lists 45 goals of the Communists," said Norton. "One of them is to get control of the schools. Soften the curriculum. Put the party line in textbooks."

These party lines, Norton says, are things like global warming, gay rights, and teaching students to question absolutes.

"By accepting that, there's no God because he deals in absolutes," said Buttars. "This is an entire program to bring America down and I want to tell you right now it's well entrenched in Utah."

Schnell and Norton have been on a crusade for over a year, claiming that the Alpine School District in Utah County and BYU are secretly promoting socialism. The viewpoint and the evidence it is based on is stupid. There is no other way to put it.

I think Norton can make legitimate complaints about whether the school board listens like any government body, but the political and religious backing for the socialism charges is stupid and offensive.

Politically, they told the school board that Cleon Skousen's The 5,000 Year Leap and The Making of America would be acceptable curriculum materials. Skousen was not a true historian and his books are political views poorly supported by history rather than history. (I have read both of those books--well parts of the huge Making of America-- and actually agree with many of Skousen's larger points, but he is not a credible person to me on many levels and I disagree with his pseudo-scholarly method of trying to assign credibility to his views. Using his other book as evidence of the "Communist plot" is not compelling evidence.) I would be the angry parent at the school board meeting if a public school were basing curriculum off of Skousen. It is ironic that the people claiming the schools are pushing political viewpoints are the ones actually attempting to get the schools to teach their political views.

Religiously, teaching students that academically they have must have evidence to back up their claims or to fully evaluate both sides of an issue is not teaching them there is no God. Stuff like this only perpetuates a stereotype of Utah County voters not being critical thinkers. Teaching students the current scientific view of evolution is only beneficial to them, even though that socialist BYU Department of Science supports that teaching. Cleon Skousen has also published more false Mormon doctrine that I am aware of than the BYU School of Education. That doesn't mean supporters of his political views also subscribe to his doctrinal mishaps any more than agreeing with John Goodlad that good public education is crucial to our democracy and Republic means BYU and Alpine District endorse every other view Goodlad has ever held.

I've held off from publishing my strong views on the issue, but now they've convinced the head of the Senate Public Education Appropriations committee of their foolishness. Now all of the schools of the state stand accused of secret socialism. It reminds me of when Senator Dayton claimed the International Baccalaureate program was an "anti-American" U.N. plot based on information from the Eagle Forum and Cherilyn Bacon Eagar (Not a coincidence that Eagar is quoted in the 2nd Alpine District link above claiming the whole curriculum is "leftist"). Both of these non-issues are falsehoods based on political ideology and fear rather than fact.

The Utah State Constitution was written so that the State Board of Education has "general control and supervision" of public education, including curriculum, and NOT the political legislature. Based on anecdotal stories from Norton, Schnell, and I'm sure others, Buttars wants to give all that power to the state legislature, which hates big government intrusion except when they are the ones hypocritically intruding. It's SJR 1, a proposal to add only four words to the state constitution. The best way to get a quick explanation is to watch the two minute video at the top of the post.

Another proposal, not numbered and made public yet so I can link it, is the repeated suggestion to make the State School Board a partisan election with the goal of getting candidates elected only after being vetted by the state Republican convention.

Do I perfectly trust any elected official or body, including the state or local school board? No. Do I trust school boards elected in non-partisan, local elections 1000% over the often willfully misinformed and politically vindictive state legislature? Emphatic yes.

Go online and read the state core curriculum, helpfully divided by subject and grade level. Notice the lack of coded socialism. Then contact your state legislator and speak out against both of these proposals. Contact your local school board about an issue you care about and attend a meeting. Enjoy local, non-partisan government and make any earnest proposal to improve it. Do some research and please don't run to the state legislature to override any local decision you disagree with.

.

Governor Huntsman openly stated that he views most of the omnibus bill as "statutory"...which is clearly prohibited by the Utah State Constitution

From the Utah State Constitution, Article VI, Section 22:

Except general appropriation bills and bills for the codification and general revision of laws, no bill shall be passed containing more than one subject, which shall be clearly expressed in its title.

"Appropriation" and "codification" bills can have more than one subject. If a bill addresses more than one subject of statutory change or addition, it is not legal according to the Constitution of the State of Utah. The fact that our National Congress passes pork-laden omnibus bills all the time because our national constitution doesn't explicitly prohibit them is completely irrelevant. In fact, doesn't relying on that argument admit that SB2 is in fact an illegal statutory omnibus bill as defined by the Utah Constitution?

The legislative leadership's argument that the bill address only one subject, education, is laughable on face. (See my last post) And claiming that the title "Minimum School Program Budget Amendments" clearly states the subject is...is...pick an adjective here ...impossible ...absurd ...dishonest ...desperate ......wrong.

You can't come up with a title that clearly states the subject of SB2 precisely because the 12 logrolled bills aren't the same subject. Having something to do with with education is not an acceptable standard to meet an objective constitutional test. That would allow the legislature to use titles like "12 Things That Have To Do With Education" (which would at least be more honest than SB2's current title) or "A Bunch of Immigration Stuff." I'm trying to think of a common sense test we could run with a legislator to help them see beyond the blinders. Maybe we could walk the street in any city of Utah and question people on the street. We'd give them a quick overview of what "Minimum School Program" is, hand them a list of the 12 different programs/budgets/policies established by SB2, and ask them if they thought the title, Minimum School Program Budget Amendments, clearly stated each one. I bet 100% would find the assertion ridiculous.

That the process was non-transparent and dirty is unarguable, and I believe the fact that the bill's subjects and title on-face violate the simple language of the state constitution is obvious too. I don't know what the court will rule, but all should remember the legislature's attitude towards transparency, open debate, and education, regardless of whether they successfully split legal hairs or not.

Anyway, here is the text from the March 22nd Salt Lake Tribune article discussing those who were disappointed Governor Huntsman did not line-item veto portions of SB2. I have underlined Huntsman's rationale for signing the omnibus bill into law and another admission from Senator Stephenson that omnibus bills are usually financially wasteful.

http://www.sltrib.com/news/ci_8658959
Critics fail to derail omnibus school bill
SB2 was a fusion of 12 bills, some that didn't pass on their own
By Lisa Schencker
The Salt Lake Tribune
Article Last Updated: 03/22/2008 12:58:37 AM MDT

Gov. Jon Huntsman Jr. signed a $2.5 billion education bill in its entirety Thursday despite protestations from the Utah Board of Education.
Huntsman signed a second substitute of SB2, which includes $1,700 raises for educators and a 2.5 percent increase in per-pupil spending. It also, however, includes the contents of 12 education bills that were rolled into SB2 late in the session, though several of the bills had already failed in the House.
The school board recently asked the governor to consider using line-item veto power to erase parts of SB2, especially the parts that failed in the House. Board members argued that because the bill appropriates money, Huntsman should have the power to veto parts of it.
They sent the governor a letter recently saying they were "appalled" by the process of passing the omnibus bill. The letter also suggested the process might have been unconstitutional.
Huntsman, however, signed the bill without any line-item vetoes Thursday. The governor's spokeswoman, Lisa Roskelley, said vetoing parts of the bill was not an option.
"Line-item veto only applies to appropriations items, and most of [SB2] was actually statutory," Roskelley said.
Kim Burningham, the state school board member who led the charge to send Huntsman the letter, called Huntsman's signing of the bill without any line-item vetoes "disappointing."
He said it's not fair to roll so many bills, including some that were already defeated, into one. He said that forced legislators to vote for the whole bill even if they didn't like parts of it.
The omnibus bill included the contents of several bills that failed on the House floor, including one to fund an at-home software pilot program for preschool-age children and another that asks school districts to help pay for charter school students. A third bill included in the omnibus, to pay math and science teachers more, didn't pass out of a House committee.
"We ought to be debating each item on its own merit," Burningham said. "That, to me, is the bottom line."
Sen. Howard Stephenson, R-Draper, who sponsored the bill, said it was the best way to pass many major education reforms in a coordinated way as the end of the session approached. Stephenson said, however, that he generally doesn't like the idea of passing omnibus bills, and there were several parts of it he didn't like, even though he was the sponsor.
"Overall, I felt the package was good legislation," Stephenson said. "But I would want to avoid omnibus bills in the future. I think they disallow the scalpel approach to precision budgeting."