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1) School Employees Are Fair Weather
Federalists. I gave a speech back in June 2003 in
which I commented that the No Child Left Behind Act (NCLB) was having a
strange effect on liberal organizations such as the National Education
Association. I suggested – only partly kidding – that I expected to see a
newspaper headline reading, "NEA Reads Constitution, Discovers Tenth
Amendment." I haven't seen that headline yet, but last week's education
ruckus came pretty close.
The spark to the flame was a report that
criticized NCLB from the National Conference of State Legislatures, a
bipartisan group of state lawmakers. The substance of the criticism didn't
matter to NEA and its affiliates. NEA issued a press release praising the
report and noting that "some of the loudest voices calling for change are
coming from Republican legislators in states such as Idaho, Utah, and
Virginia." The Massachusetts Teachers Association also issued its applause,
stating the report "shows that lawmakers across the country are in strong
agreement with classroom teachers."
EIA can only assume that NEA was so
thrilled with the conclusion that it failed to read the report, or concluded
that you wouldn't read the report. But some of you might be asking why GOP
lawmakers in Idaho, Utah and Virginia are opposing the hallmark domestic
legislation of the Bush Administration. The answer is not their wholesale
support of the NEA agenda. Quite the contrary.
Susan Traiman of the Business Roundtable
read the report, and her evaluation is what any reasonable reading would
lead you to conclude. "Most of what they call for would be a reversal that
would turn back the clock on what NCLB is trying to accomplish, all in the
name of federalism," she told the New York Times.
The report's section on "The
Constitution and No Child Left Behind" could have been written by a moderate
libertarian. It expresses dismay that "judicial interpretations of the
Constitution in the latter half of the 20th century have significantly
eroded state authority and frequently left states to the exigencies of
federal politics," and claims the spending clause "has allowed the federal
government to bypass the issues of constitutionality," before concluding
that "The Task Force does not believe that NCLB is constitutional under the
10th Amendment, because there is no reference to public education in the
U.S. Constitution."
Holy enumerated powers! Sign me up for
this crusade! And give me 24 hours to call the boys at the Cato Institute,
and we'll have a list of a few thousand other federal laws and regulations
that defy the Tenth Amendment and have no basis in the U.S. Constitution.
The death of NCLB will be a very small price to pay if federalism is revived
and the NEA and its liberal friends become strict constructionists. Chief
Justice Scalia, for one, would be very pleased.
Alas, these fair weather federalists
were pretty quiet when Bill and Hillary Clinton were trying to nationalize
health care, so we can only assume they believe the Tenth Amendment only
applies to Republican administrations. And the Bush Republicans apparently
believe in small government only when they're not working there.
Those of us who believe in federalism
are used to the political theater staged by the two major parties. We're
just not used to having our script stolen.
2) State Poll Shows Californians
Favor Teacher Performance Pay. The history of
statewide ballot initiatives in California provides many lessons for
campaign operatives and interest groups. One is that your initiative
generally has to begin with a great deal of public support, because the "no"
side can usually whittle the numbers down significantly. The latest Field
Poll received national attention, mainly because it showed Gov. Arnold
Schwarzenegger's approval rating falling, particularly among Democrats and
independents. But the poll also had numbers on specific elements of Arnold's
plan.
The governor's spending cap received
only 51 percent support.
His redistricting plan received only 48
percent support.
His public employee pension overhaul
received only 51 percent support.
His plan (now abandoned) to consolidate
state agencies received only 53 percent support.
Only one element received substantial
support. Asked whether they support the proposal to "tie increases in the
salaries of public school teachers to their classroom performance rather
than to their years of service," 60 percent of respondents said they were in
favor. Only 36 percent were opposed.
If past trends hold true, the California
Teachers Association and its allies will be able to defeat the spending cap
and pension overhaul with a minimum of effort. But they will have to focus a
lot of attention on performance pay. This is problematic for a couple of
reasons.
First, school administrators and school
boards are wholeheartedly with CTA on the spending and pension issues, but
it's hard to imagine them investing a lot of political capital trying to
preserve the single salary schedule they've been railing against for years.
CTA will stand alone fighting performance pay. Second, the CTA talking
points on the governor's performance pay proposal largely consists of
changing the subject. CTA advocates are advised that the plan is a
"smokescreen designed to divert public attention away from the real issues."
The real issues being whatever CTA says they are. The talking points advise
talking about funding "cuts," saying that the performance pay plan "makes no
sense" and is "ludicrous," and standing on the statement that "all teachers
merit good pay" while claiming that "California teachers are among the
lowest paid in the country."
Now Californians have notoriously short
attention spans, but even CTA's sophisticated PR machine is going to have
trouble with a campaign that claims spending hikes are cuts, that teachers
shouldn't be paid for how well they do their jobs, and that the $58,237 that
the average California teacher makes places him or her among the lowest paid
in the country.
3) Charters Could Form Sports
All-Star Team. The big news out of Detroit last
week was that National Basketball Association Hall of Famer Dave Bing will
run the charter school project of philanthropist Bob Thompson. Thompson's
previous attempt to spend $200 million building 15 charter schools in
Detroit ran afoul of city and union politics. Bing is beloved in the city,
not just for his nine seasons with the Pistons, but because he built a
multi-million steel business after his basketball career ended and is a
pillar of the community.
"We have to give parents an education
choice, or they are going to keep leaving this city," Bing told the
Detroit News.
Bing is not the first NBA star attracted
to the charter school movement. Former Phoenix Suns star Kevin Johnson and
his St. Hope Corporation now runs Johnson's alma mater, Sacramento High
School, as a charter. Johnson hopes to open a string of charter schools
under the St. Hope banner.
Basketball is not the only sport
represented. Tennis star Andre Agassi founded the Andre Agassi College
Preparatory Academy, a charter school in Las Vegas.
4) AFT Launches Pre-School
Organizing Effort. The American Federation of
Teachers announced the launching of its campaign to organize the early
childhood education workforce. Through its web site –
http://www.firstclassteachers.org – the union offers preschool teachers
access to the AFT member benefits program for $50 a year. The project is
clearly an effort to bring a new workforce into the union movement. The NEA
has not been as active in this regard, though there are indications that a
new campaign by the Connecticut Education Association for more preschool
programs is at least partly a pilot effort to organize preschool employees.
5) Chicago Teachers Union Blames
Former President for Budget Deficit. The Chicago
Teachers Union is facing a $2.4 million budget deficit that the union is
publicly laying at the feet of former CTU President Deborah Lynch and her
administration.
New CTU President Marilyn Stewart
defeated Lynch in an election that Lynch sought to have overturned for
irregularities, but the results were upheld after an AFT investigation. The
AFT committee also strongly criticized Lynch's administration for their
post-election actions.
According to CTU's monthly organ,
overspending occurred in legal services, personnel, and conducting elections
– both for union office and for ratification of the teacher contract.
"We are having legal counsel review
documents closely to be assured that nothing illegal occurred in relation to
this excessive spending," said Stewart. "At this point it appears that it
was simply mismanagement rather than anything of a criminal nature."
CTU was having difficulty paying its
state and national per capita dues to its affiliates, prompting an AFT
audit. According to CTU, that audit found a $1.2 million increase in
salaries and benefits was the line-item mostly responsible for what the
union called "the largest deficit in CTU's history."
It remains to be seen how much of the
deficit was caused by the financial mismanagement of the Lynch
administration, how much is a calculated smear by Stewart as internal
political payback, or whether – as EIA suspects – it is a combination of the
two.
6) PAC Reverse Check-Off Coming to
New Mexico. Next month, the Delegate Council of
NEA New Mexico will vote on whether to institute a "voluntary" political
action committee contribution of $6 that will be collected by means of a
reverse check-off – that is, the money will be automatically removed from
each member's paycheck. Members will have to request a refund in writing
annually in order to get their money back.
A number of NEA state affiliates use
this method, which turns the meaning of voluntary on its head. The absence
of active opposition does not imply consent. Ask any mugging victim.
7) When Guavas Are Outlawed, Only
Outlaws Will Have Guavas. Entire industries have
sprung up describing the practices and abuses of zero tolerance policies in
the nation's public schools. Students have been disciplined for handling
dangerous weapons and drugs, such as rubber bands, nail clippers and Midol.
But the San Diego Unified School District took the zero tolerance policy
into negative numbers last week.
According to a report in the San
Diego Union-Tribune, the district vetoed a plan by an environmental
group to plant fruit trees on school campuses. Why? "Fruit trees create more
of a mess, and fruit does tend to be used as a projectile with students,"
said district maintenance and operations supervisor Mark Everts. "This is
precautionary." The district did allow the group to plant shade trees and
"other nonthreatening, non-fruit-bearing trees."
Speaking as someone who often carries a
concealed mango for self-defense, it seems clear that California is in
desperate need of a fifteen day waiting period to purchase fruit. Sure,
berries are innocent enough, but who has a legitimate need for a
"large-caliber" fruit, such as the infamous semi-automatic watermelon? And
don't forget Napoleon once dispersed a Paris mob with a "whiff of
grapeshot." We don't want roving gangs of juvenile delinquents armed with
bananas, do we? Join the movement! If this isn't a ticket to Congress for
some aspiring California politician, I don't know what is.
8) Quote of the Week #1.
"When the students don't learn, the school must change." –
Microsoft co-founder Bill Gates, addressing the National Governors
Association. (February 27 Los Angeles Times)
Quote of the Week #2.
"We're in an age when states are tripping over each other to
beef up standards for students. But how can we expect students to attain
high standards when we set the bar so low for teachers?" – Sam Wineburg,
professor in Stanford University's School of Education, discussing the lack
of college history course requirements necessary to become a history teacher
in California. (February 24 Los Angeles Times)
Quote of the
Week #3.
"Changing America's schools is not a technical challenge.
It's a political challenge." – Vanderbilt University public policy professor
James Guthrie, explaining why large school districts are rarely broken up.
(February 28 Charlotte Observer) |
