Special Report - Texas Lege
TEA Power Grab (Parts 1 & 2)
SPECIAL LEGE REPORT - PART 2
Who is driving and empowering Shirley Neeley's
historic land grab in Texas public schools?
By Peyton Wolcott - May 12, 2006 - 1:08 p.m.

Using any of the definitions in the sidebar below right (see "A Socialism Primer"), it's
hard to view the events of the past few weeks in Austin as anything but signs of
Socialist creep, and with
Senator Florence Shapiro's (R-Plano) name on the bill
bringing it to pass, I'd be hard pressed to place the blame anywhere but with her and
the guy who set it all in motion--
Governor Rick Perry, with TEA commissioners
Shirley Neeley
and Robert Scott and Higher Ed commish Raymund Paredes
playing key behind-the-scenes roles.  
Lt. Gov. David Dewhurst appears to have
hopped on an already moving bandwagon.
Florence Shapiro
(PHOTO/Houston
Chronicle)
Who is Florence Shapiro and why is she doing this?
A former schoolteacher who started her own advertising shop specializing in PR
and events, Shapiro served on Plano's city council before becoming mayor.  
Plano ISD is the district you'll recall whose
supe Doug Otto has been much in
the national news for his district's refusal to let kids bring candy canes to school
at Christmas.  Plano ISD is also the district that back in August, 1998 hosted a
"Parent's Math Night, meant to discuss the Connected Math Program in Plano
ISD," a "public meeting....also publicized in the local paper, the Plano
Star-Courier" that turns out to have been not for the purpose of discussion at all
but instead an edu-event where parents were supposed to attend and listen to
the district sell them on a new fuzzy math program.  Some parents objected, filed
a lawsuit, and won.
 (More in pink box about 9-10 scrolls down.)  Oh, Otto is also
an ERDI consultant.

And somewhere in here it should be noted that although it is still listed as of
today as
Mrs. Shapiro's occupation, Shapiro & Company no longer exists as
of sometime this past month,
according to her Plano senate office just before
noon today.
Plano ISD supe Doug Otto with
wife and fellow PISD employee
Bobbi at PISD event for teachers
We should also note that Shapiro is notable for having secured a presidential pardon for fellow Plano-ite David
McCall,
a white-collar criminal notorious for his role in the S&L debacle estimated to have cost, according to Lou
DuBose in LA Weekly,
"$300 billion to $500 billion in taxpayer-funded bonds to be retired in the future."   
A few years ago Perry offered Shapiro, who is chair of the Senate Education Committee, two fat carrots:  the
Southern Regional Education Board, and the Education Commission on the States.

Yum.

What on Earth is the Southern Regional Education Board
and are our tax dollars funding it?
Organized as a 501(c)3, the Southern Regional Education Board's website tells us that it "is proud to be the
nation’s first interstate compact for education, founded in 1948. With 16 member states, SREB works to achieve
"
12 Challenge to Lead Goals for Education in the region."  What does this mean, "Challenge to Lead"?  Is this
any kind of language the average person not employed in the PR or education fields actually speaks?  And why
is some far-off group in Georgia setting "Goals for Education" which will impact my local schools?  
I had to do some Googling to confirm what you probably already guessed, that SREB is a
501(c)3; it's not information that a search of the PDF'd annual report pulls up.  This next is
going to bring a great deal of reassurance to your heart about the overarching effectiveness
of this enterprise:  SREB's chair is none other than
Louisiana Governor Kathleen "Call Me
MIA during Katrina" Blanco.

Following the money and connecting the dots, we note that SREB gratefully acknowledges
support from a mixture of foundations and governments, one of whom is the
Lumina
Foundation for Education.
 Lumina, light.  Sounds promising, noble even.

Step inside the sausage factory, girls and boys.  Don't be misled by the pork you smell.  
Kathleen Blanco
Lumina Foundation for Education
The LFE is "a private, independent foundation" which "strives to help people achieve their potential by expanding
access and success in education beyond high school."  

The key words here are "Help people" and "beyond high school," especially the last three.  Herein may be some
of the roots to Texas public education's sudden expansion into the P-16 business.

Lumina funded a study entitled "State Policies to Achieve the Dream in Five States:  An Audit of State Policies to
Aid Student Access to and Success in Community Colleges in the First Five Achieving the Dream States" by
Kevin J. Dougherty, Monica Reid and H. Kenny Nienhusser of the Community College Research Center at
Teachers College, Columbia University
this past February.  According to the frontispiece, "The research for this
report was funded by the Lumina Foundation for Education as part of the
'Achieving the Dream:  Community
Colleges County' initiative."
I don't know about you, but nowadays when I hear about Columbia University's
Teachers College
I immediately think of Arlene "I may say it's all about the kids
but I'm walkin' outta here with my $375,000 buyout" Ackerman
who is about to
land there with aforesaid buyout from
San Francisco USD.  That they would not
only take Ackerman in but embrace her tells me a lot about Columbia University's
Teachers College.

On page six of this report we learn that Texas is one of Lumina's five target states.
 The other four are
New Mexico, Florida, North Carolina and Virginia.  Wondering
how Lumina set Texas within its sites, wondering why North Carolina was
chosen rather than its neighbor
South Carolina, which you would think would be
the likelier candidate and dare we say easier target.  Wondering who decided the
five targets and who's paying for this exercise.  
Arlene Ackerman
Performance lobotomies
Scanning through the rest of the report we breeze through terms and words like "access policies" and "outreach"
and "success policies."  We note that "remedial education (also called developmental education) is crucial
because so many...students come into college with inadequate academic skills," and wonder out loud yet again
why Texas parents and taxpayers have put up with our poorly worded
Texas Essential Knowledge and Skills for
so long now.  Fuzzy non-specific curriculum parameters produce fuzzy education.  On page 64 of this 258-page
report are the summary tables for state policies for performance lobotomies.  No, I misread, should be

performance "accountability,"
although lobotomies seems where some of this garbage seems headed--why
not just take the 90% of the student population Education, Inc. deems unfit for a real education and treat them to
lobotomies so they can sit through their P-16 deadly-dull education years until it's time to strap them to the
assembly line and they spend the next twenty years paying off their student loans?  
Lumina in Texas
Among those interviewed in Texas by Lumina are "officials of the Texas Higher
Education Coordinating Board, state legislators and staff, gubernatorial
advisors."  And Lumina looked at "materials by Texas state agencies and by
external organizations such as the Education Commission of the States and
the Southern Regional Education Board," both of which we again note
Governor Perry's appointee senator Florence Shapiro serves on.  The
fulcrum narrows; Lumina tells us helpfully that the "Texas Higher Education
Coordinating Board is the sole state body that coordinates community
colleges and universities.  
The Governor appoints the 15 at-large members
(the number is eventually to go to 9) of the coordinating board with the advice
and consent of the state senate,"
where state senator Shapiro chairs the
state senate education committee.  
Are you leaving bread crumbs behind
yet?  Lumina notes with a visible scowl, "The state system is highly
decentralized, with great resistance to a high degree of state direction."  
Governor Rick Perry (left)
with Shirley Neeley and
Robert Scott
Resistance, indeed!  Well, this is about to be fixed, by the new TEA P-16 alignment.  "The first goal of the
Closing the Gaps initiative is to greatly increase the number of students in higher education by 2015."  "The
strategies by which Goal 1 is to be achieved, as they relate to community colleges, include the following:  linking
the high school and college curricula so that the standard curriculum in high schools will be a college
preparatory program, the successful completion of which would be an admissions requirement to a Texas
public college." In other words, K-16 or P-16 vertical alignment.
How will this be paid for?
The Lumina report confides that "local community college officials and the Texas Association
of Community Colleges
complain that state funding for the Closing the Gaps initiative has
never been sufficient."  Oh, pulleeez.  Let us just state the obvious here.  When have you ever
once in your life heard a public education executive admit he or she has enough money?  "As a
community college president noted, 'We've got a higher ed coordinating board at the state level,
giving us a charter to bring more people in.  But they don't control the dollars.  And because
they don't
control the dollars, the Legislature does, it's tough for me to say that there is strong
support in encouraging minority students or lower income students into higher education."
But wait!  There's more!
Did you pop in on the Texas Higher Education Coordinating Board's Commissioner's Summit
last November at the
Renaissance Hotel in Austin?  (Yes, you read that correctly.  Despite our
numerous suggestions, our education executives continue to feel entitled to stay at the finest
hotels rather than the more budget-conscious choices available.  But it's not their money!  Why
should they economize if they don't have to?)  The purpose of this summit was "Ensuring
Academic Excellence: Developing Strategies of Success Campus by Campus."  Texas
taxpayers will be happy to know that they fund stays where the "Fresh new guest room décor
[is] regionally-inspired by the Texas Hill Country" with "Heated indoor and outdoor pools,
whirlpool and sauna, full spa and golf nearby" for our overtaxed edu-executives.  The stated
goal for this
soiree was "Bringing together Texas educational leaders to discuss the state of
developmental education, and identifying actions Texas must take to ensure academic
success for all college students."
Pool & dessert at
the Renaissance
The summit's welcome was provided by  Robert Shepard, Board
Chair/Texas Higher Education Coordinating Board and--none other than
Senator Florence Shapiro and
Raymund A. Paredes, Commissioner of
Higher Education-Texas Higher Education Coordinating Board.  

Among the topics to be discussed were, "Creating a Curriculum and
Culture of Inclusion," "We Have The Way, Do We Have The Will?,"
"Developmental Education, More Important Than Ever"
and "25 Steps to
Effective Developmental Education"
and of course Shirley Neeley's
"Overview of Educational Challenges and the State's Efforts to Improve
College-Readiness."
THECB chair Robert Shepard (left)
and vice chair Neal Adams
The dotted line & the fine print
Was the mainl purpose of the summit the signing memo of understanding signed
by Nealey, Paredes and
Sue McMillin, the president & CEO of the Texas
Guaranteed Student Loan Corporation?  
Was this one of the foundation stones of
this new P-16 alignment?
Another shadowy edu-layer
Texas Guaranteed Student Loan Corporation's assets at year end were $327
million; TGSLC, or, as they refer to themselves, TG, occupies a roughly 200,000
square foot building worth  $24 million which they own 100%, according to
Williamson County tax rolls.  Their property taxes for this building, located at 301
Sundance Parkway, Round Rock, Texas 78681go to Round Rock ISD.  

According to their literature, "TG is a public, nonprofit corporation that administers
the
Federal Family Education Loan Program (FFELP)" whose "vision is to be the
premier source of information, financing, and assistance to help all families and
students realize their educational and career dreams."  Ah, visions and dreams.

By the looks of their events calendar, TG's dance card appears full.  
(See violet box
below)
Sample guest room at
Renaissance, site of
Commissioner's Summit
Memo of
understanding
This Memorandum of
Understanding (MOU) sets forth
the mutual understanding and
agreement between and among
Texas Education Agency
(TEA), Texas Higher Education
Coordinating Board (THECB), and
Texas Guaranteed Student Loan
Corporation (TG) (the “Parties”) to
jointly support the state of Texas
in increasing student enrollments
and completion in postsecondary
education.  The Parties
understand that it is vital for the
State of Texas, its residents,
and the state economy, that all
Texas students, whether enrolled
in public or private schools,
become college-ready, and have
access to a quality postsecondary
education. The Parties further
understand that collaboration
among the state entities, schools,
postsecondary institutions, and
local and regional organizations
will maximize our collective
efforts to ensure that more Texans
earn a postsecondary education.
Therefore, the Parties agree to
work together to develop and
carry out comprehensive plans
that address two critical statewide
objectives:
(1) Participation – increase
student enrollments in
postsecondary education;
and
TG's 'senior management team'
a mixed bag of credentials
TGSLC's vice president in charge of "Customer Focus" is
Kim Alexander who holds a bachelor's degree in criminal
law from Illinois State University.   Wondered at first whether
this was a statement about TGSLC's clientele or if this skill
helps with collections--but no, someone else is apparently in
charge of collections as
Phillip Cervin's title is vice president
of collections.  
Sue McMillin
Sue McMillin, TG's president and chief executive officer, holds a bachelor’s
degree in theater arts from
St. Edward's University, an institution of higher
learning known for its theater  program.   From her posted bio we know that
"McMillin is committed to ensuring that TG continues to provide the unsurpassed
service, reliable solutions, and innovative support that have made TG the
guarantor of choice for a growing number of schools and lenders nationwide."

Inquiring minds really do want to know
Here I'm stumped.  Why is a federally funded (the Federal Family Education Loan
Program
) not-for-profit established by the Texas legislature, with "Texas" their first
name, out in the hustings in places like
Savannah, Georgia and  Huron, Ohio?  
Las Cruces, New Mexico
at least makes sense because it's the next state over.   
But  
Boyne Mountain, Michigan?

Looking for answers to these questions, I called TG this morning and asked for
McMillin, who from her photograph appears friendly and approachable and no
doubt blessed with good people skills given her theater arts background, but was
instead directed by the operator to
Kristen Boyer, TG's senior media specialist
who according to her voice mail is "out today."   Boyer's message referred callers
to
Keith Dodson who turned out to be TG's creative director whom I would not
expect to be able to answer these questions, who in turn referred me to
Andres
Cordero,
their communications specialist who did not want to commit to a general
dollar amount for TG's income this year or last from the feds, even to the nearest
ten mil.  And could not say why a federally funded 501(c)3 with "Texas" as its first
name is all over the country business-wise.  And no persons of sufficient pay
grade were available to do so, either.   In fact, none of TG's 560 employees,
in situ
or remote, were available.
Back to the ranch.  Is the Neeley/Scott/Perry/Dewhurst/
Shapiro land grab legal?
After all, Perry called the session to fix public school funding and here we are not
even a month later in new and unchartered territory.  

On April 17, Perry called the legislature back to Austin for five purposes, to
consider legislation that provides "for school district property tax relief," "for
modification of the franchise tax," "for modification of the motor vehicle sales and
use tax," "for modification of the tax on tobacco products," and "for an
appropriation to the Texas Education Agency."  This last is the so-called
"buy-back" wherein the aforementioned new business, used car and tobacco
taxes will pick up the slack when our property taxes are reduced.  There is no
where of course anywhere in this any mention of reduced funding to Texas public
schools.  Heaven forbid any of our public schools should go through any of the
same kind of down-sizing that the folks who pick up the tab for public education
have experienced in the corporate workplace.  

Also missing from this is any mention of the proposed K-16 alignment scheme
that appears to have entered via the back door.  
A scant eight days after the call, Dewhurst issued a statement which includes the
following:  "I am pleased the House passed bills that provide a vehicle for the
Senate to pass meaningful legislation to improve education and lower local school
property taxes....Senator Florence Shapiro will carry HB 1 in the Senate, and we are
talking with the House about the Senate adding language to that bill that will
improve our schools such as teacher pay raises, incentives and increased
accountability and performance.  It is imperative that the Senate work thoroughly
and carefully to craft a school finance reform bill that will ensure we improve our
schools."   
Still, is this constitutional?

It is, according to
Charles W. "Rocky" Rhodes,
c
onstitutional and state constitution law specialist
and associate professor of law at
Houston's South
Texas College of Law,
who cites the "Enrolled Bill
Doctrine" (see grey box below).  As I understand the
concept, this doctrine would allow Governor Perry to call
a special session on the topic of, say, regulating the
activities of little green men and for the legislature to
subsequently approve the sale of used cars by the light
of the silvery moon.  But of course this is not what's
happening in Austin; something this dramatic would
wake us up.  Most of us hear "improve education" and
"improve our schools" and fall back asleep.  There is a
possibility that some conservative representatives may
object to the language of article 5 as not being germane.
Charles Rhodes'
faculty page
at South Texas
College of Law
in Houston
Something is happening in Austin that appears to have all the stoppability  of a train
wreck because we have allowed the money-changers of Education, Inc. to run
unfettered and unchecked for too long in the temple of education.  Where's that Guy
with the whip when we need him?
A smorgasbrod
potential revisions, once every
two years, within six months after
the completion of the regular
session of the Texas legislative
session, beginning with the 80th
Texas Legislature.  This
Agreement is subject to all Texas
and Federal laws. The Agreement
is also subject, to the extent
applicable, to the Higher
Education Act (HEA) of
1965, as amended, 20 U.S.C.
Section 1070, et seq., including
but not limited
to Section 422(g)(2) of HEA, 20
U.S.C. Section 1072(g)(2).
The MOU is hereby agreed to and
signed on November 15, 2005, by:
_____________________
Dr. Shirley J. Neeley
Dr. Raymund Paredes
Sue McMillin

http://www.tgslc.org/pdf/mou_stude
nts.pdf
November 2005
summit speaker noted
Dr. Patricia Gándara, Professor,
Associate Director, University of
California Linguistic Minority
Research Institute, Co-Director, Policy
Analysis in California Education
University of California-Davis "Latino
Academic Success"
Patricia Gándara is a professor of
education at the University of
California-Davis. In addition to being
associate director for the University of
California Linguistic Minority Research
Institute,

WHO'S ENFORCING THE
ILLEGAL STUDENTS'
AFFIDAVITS?
"A 2001 law (HB 1403) made Texas one
of the earliest states to allow
undocumented residents to qualify for
instate tuition.  Community colleges can
charge instate tuition to these students if
they graduated from a Texas high
school, have lived in the state for at least
three years, and have
signed an
affidavit that they will apply for
permanent residence as soon as they
are eligible."
 So my question is, who's
job is it to ensure that undocumented
residents follow through on their promise
to apply for permanent residence as soon
as they are eligible?  Might this be the
same guy whose job it was to follow
Mohammed Atta  around the country
when he overstayed his visa?  
Just asking.
she is also a co-director
for Policy Analysis in
California Education, a
University of
California/Stanford
University policy research
consortium. Gándara's
research interests include

equity
and access in
education
and the
education of linguistic and
minority groups.  She has
written books and
Patricia
Gandara
TGSLC's
full dance card

May 10 - 12 - ATLE Annual Conference - San Antonio, TX

May 16 - Mapping Your Future™ Chat Event - Evening Chat — Financial aid
and managing student loans and consumer debt

May 17 - 19 - GASFAA Spring Conference -
Savannah, GA

May 18 - TG Lender and School Advisory Committee Meeting - Round Rock,
TX

May 18 - Positive+Balance™ Spring 2006 Workshop - Kansas City, MO

May 23 - Positive+Balance™ Spring 2006 Workshop - Denver, CO

May 23 - TG Public Benefit Program Information Forum - Lansing, MI

May 25 - Positive+Balance™ Spring 2006 Workshop - Tallahassee, FL

May 25 - TG Public Benefit Program Information Forum - Edinburg, TX

May 30 - TG Public Benefit Program Information Forum - Round Rock, TX

May 31 - June 2 - OASFAA Spring Conference - Huron, OH

June 7 - 9 - FASFAA Spring Conference - Fort Myers, FL

June 9 - Positive+Balance™ Spring 2006 Workshop - Montgomery, AL

June 15 - Positive+Balance™ Spring 2006 Workshop - Hampton, VA

June 21 - 23 - MASFAA Annual Conference - Jackson, MS

June 23 - Positive+Balance™ Spring 2006 Workshop - Las Cruces, NM

June 28 - Positive+Balance™ Spring 2006 Workshop - Dallas, TX

June 25 - 28 - MSFAA Summer Training - Boyne Mountain, MI

June 27 - Enrollment Services Efficiency Committee (ESEC) Meeting -
Round Rock, TX

June 30 - Council for the Management of Educational Finance Quarterly
Meeting -
Austin, TX

June 30 - Positive+Balance™ Spring 2006 Workshop - San Antonio, TX

July 5 - 8 - NASFAA Annual Conference - Seattle, WA

July 14 - TG Regional Training - Houston, TX

July 18 - TG Regional Training - Corpus Christi, TX

August 15 - Mapping Your Future™ Chat Event - Evening Chat — Managing
your student loans, including repayment options, consolidation, and
cancellation

October 11 - 13 - TASFAA Annual Conference -
San Antonio, TX

November 8 - 10 - SWASFAA Annual Conference - Tulsa, OK

December 1 - 3 - CASFAA Annual Conference - Ontario, CA
articles on such subjects as peer-group
influence
and the college-bound
behavior of low-income Latino and other
ethnic minority students; immigrant
students,
bilingual education policy and
public schools; high academic
achievement of low-income Mexican
Americans; and mathematics instruction
in
multicultural classrooms.  Gándara is
currently conducting a study of
classroom teachers and their
perceptions of the challenges they face
in teaching English learners. She
received her Ph.D. in Educational
Psychology from UCLA.  Gándara has
directed education research for the
California State Assembly, and served
as Commissioner for Postsecondary
Education for California.
The Southern Regional
Education Board 'gratefully
acknowledges support from':

ACT, Inc.
Alfred P. Sloan Foundation
BellSouth Education Foundation
Carnegie Foundation of New York
Charles Stewart Mott Foundation
Council of State Governments
Johns Hopkins University
Joseph B. Whitehead Foundation
Lamar Plunkett Family
League for Innovation
Lumina Foundation for Education
National Institutes of Health
National Science Foundation
North Carolina Department of Public
Instruction
Project Lead The Way
SouthEastern Regional Vision for
Education
The College Board
The Goldman Sachs Foundation
The Philadelphia Foundation —
Wright-Hayre Fund
The Wachovia Foundation
U.S. Department of Education
Wallace Foundation                            
If you have any questions regarding
how the DOE is spending your tax
dollars:

Southern Regional Education Board
592 10th St. N.W.
Atlanta, GA 30318-5776
(404) 875-9211
MOU press release
EDUCATION LEADERS FORMALIZE
PARTNERSHIP TO BENEFIT TEXAS
STUDENTS
November, 2005
Round Rock - November 15, 2005 -
The leaders of the Texas Higher
Education Coordinating Board
(THECB), Texas Education Agency
(TEA), and TG executed a
memorandum of understanding (MOU)
today that will help Texas students
receive information and support to
continue education beyond high
school. In signing this trilateral MOU,
the organizations agree to work
together to reach out to students and
families about the opportunities and
benefits of a college education. On
Tuesday, Nov. 15, as a part of the
THECB's summit, "Ensuring Academic
Excellence: Developing Strategies of
Success Campus by Campus," the
leaders met to sign the agreement. Dr.
Raymund Paredes, higher education
commissioner, represented THECB;
Dr. Shirley J. Neeley, education
commissioner, represented TEA; and
Sue McMillin, president and CEO,
represented TG.
Today, 1.2 million Texans are enrolled
in postsecondary institutions across
the state. Texas' Closing the Gaps
higher education plan, adopted by the
THECB in October 2000, calls for
enrolling 1.63 million students in
college by 2015. To reach that goal, the
state will have to increase its efforts in
early outreach and college awareness,
academic preparation and planning,
and support services designed to help
students navigate their college
enrollment process.
"If current and future needs are not
addressed," said Paredes, "it will lead
to a drop in Texans' educational levels,
a consequent annual loss of billions of
dollars in household income, and a
narrowing of opportunity for millions of
people. Hispanics will account for most
of the state's new workers in the future,
and it's especially alarming that we
have not been able to enroll the
number of Hispanics needed to close
the gaps. Our staff, TEA, TG, public
school officials, business and
community leaders, elected officials,
and others must expand and
strengthen collaborations to meet this
challenge."
"These numbers illustrate the need to
improve educational opportunities
throughout the state, but particularly in
communities where our students may
be the first in their family to pursue
higher education," said Neeley. "All of
our agencies are committed to
achieving this goal, and we will work
well together throughout the state."
"We look forward to working
collaboratively with TEA and THECB to
help Texans realize their educational
dreams," said McMillin. "We know that
by working in partnership we increase
our likelihood of success. Texas
students and families, whom we all
serve, will benefit greatly from this
renewed partnership," declared
McMillin.
Electronic copies of the agreements
signed by TG, THECB, and TEA are
available from the TG Newsroom at
www.tgslc.org.
PLANO PARENTS' ANTI-FUZZY MATH LAWSUIT
Chiu, Brown, Jenkins, Kirke et ux and Johnson v. Plano Independent School District,
et al.
21. On August 25, 1998, Alfred Kirke attended a public meeting held at the Haggard
Middle School. Mr. Kirke intended to discuss with fellow parents the many aspects,
pros and cons, to the new Connected Math Program in the Plano ISD. Mr. Kirke
received notice of this public meeting for parents through a flyer sent home via his
daughter by Plano ISD, a true and correct copy of which is attached as Exhibit "A"
and incorporated herein for all purposes.
22. This meeting was held in the school and was open to the public. According to
Plano ISD, this was a Parent's Math Night, meant to discuss the Connected Math
Program in Plano ISD. This public meeting was open to the public. It was also
publicized in the local paper, the Plano Star-Courier.
23. In preparation for this public meeting, Mr. Kirke duplicated copies of a
Department of Defense report detailing its experience with the Connected Math
Program, and a report on the 1995 Palo Alto School Board election where Connected
Math was a controversial issue, a true and correct copy of which are attached hereto
as Exhibit "B" and incorporated herein for all purposes. Mr. Kirke also prepared and
brought a petition that parents could sign expressing their desire that Plano ISD not
implement the Connected Math Program until it had allowed parental input in the
curriculum selection at the middle school level, a true and correct copy of which is
attached hereto as Exhibit "C" and incorporated herein for all purposes.
24. The morning of the meeting on August 25, Mr. Kirke, as a courtesy, met and
informed the Haggard Middle School Principal, Ms. Roxanne Burleson, an employee
of Plano ISD, that he was going to pass out these flyers and circulate a petition at
this public meeting. Ms. Burleson made no objection.
25. The night of the meeting, Mr. Kirke arrived early and again informed Ms.
Burleson and Dr. Jim Wohlgehagen of his intent and desire to present an opposing
view of the Connected Math Program and provide handouts to parents that may be
interested. Again, neither Ms. Burleson nor Dr. Wohlgehagen objected, so Mr. Kirke
proceeded to do so.
26. Some time after Mr. Kirke placed his handouts and petition on the information
table, alongside Plano ISD's own handouts addressing the benefits of the Connected
Math Program, Dr. Wohlgehagen and Ms. Burleson both approached and asked him
to remove his materials to another table so as to avoid the appearance that his
materials were associated with the official presentation of Plano ISD. At the time,
Mr. Kirke believed that this was a reasonable request and did so.
27. At the same time, Ms. Burleson informed Mr. Kirke that he would have an
opportunity, after Plano ISD's presentation to the parents, to present his point of
view on the curriculum issue, but when that time came, he was not allowed to do so.
28. As the parents arrived at this public meeting, Mr. Kirke greeted the parents and
mentioned to them that he had prepared handouts and a petition concerning the
implementation of the Connected Math Program in the Plano ISD. Many of the
parents picked up copies of his literature and a number of them signed the petition.
Mr. Kirke was at all times polite, orderly and non-disruptive, never attempting to
force his handouts or petition on anyone.
29. As the room in which this public meeting for parents began to fill, Dr.
Wohlgehagen and Ms. Burleson once again approached Mr. Kirke and asked him to
pick up his materials and actually leave the premises. Mr. Kirke pointedly asked Dr.
Wohlgehagen that if he were to refuse, would Dr. Wohlgehagen make him leave the
premises. In response, Dr. Wohlgehagen said that he would not, and left Mr. Kirke.
30. Shortly thereafter, Dr. James Davis approached Mr. Kirke and informed him that
the Plano ISD would not allow him to circulate a petition on school property and
that he was to immediately collect his petition clipboard and put it away.
Reluctantly, and in apprehension of what Plano ISD or some of its employees would
do to him or his children if he did not comply, including forcefully removing him
from the premises or retaliating against him through his children, Mr. Kirke abided
by the request of Dr. Davis and put away the petition.
31. Minutes later, Dr. Davis once again returned to Mr. Kirke, informing him that
Plano ISD would not allow him to pass out literature on school property and
directed him that he should also gather up his handouts and put them away as well.
Again, Mr. Kirke, fearing what the Plano ISD would do to him if he refused, picked
up his literature off of the very table that he had been previously directed by Dr.
Wohlgehagen and Ms. Burleson to place literature earlier in the evening. Dr. Davis
further told Mr. Kirke that the District would not allow him to pass out material
because otherwise they must permit abortion rights activists and other groups of
that sort to also pass out material.
32. The day following the August 25 public meeting at Haggard Middle School,
Assistant Superintendent Dr. Davis prepared and distributed to all central cluster
principals a memo instructing these principals to not allow parents, such as Mr.
Kirke and other Parents involved in this litigation, from communicating in written
form with any other parents or school personnel on their respective campuses. The
motivating factor in initiating and preparing this memo was to stop parents that are
opposed to Connected Math and its implementation within the District from
providing information that is predominantly against the program to fellow parents.
Specifically, the memo stated:
"I want to alert all of you of our district legal position regarding people coming on to
your campus with petitions and material associated with the Connected Math
Program. You are not to allow anyone to come on to your campus, inside or out, to
circulate a petition or pass out material related to the Connected Math Program. The
recent flap over the Connected Math Program has prompted some people to conduct
personal campaigns supporting one side or the other. I think they will seek support
wherever they can find it, including schools not using the program. Don't get caught
napping on this one."
A true and correct copy of Dr. Davis' memo, is attached hereto as Exhibit "D", and
incorporated herein for all purposes.
33. This "legal position" of Plano ISD was, upon information and belief, based upon
Plano ISD Policy GKA (Local), a true and correct copy of which, as it existed on
August 26, 1998, is attached as Exhibit "E", and incorporated herein for all purposes.
34. The substance and effect of Defendant Davis' August 26 memo was approved
by, endorsed, and once again made district policy by the Plano ISD Board of
Trustees on April 26, 1999 when it adopted the revised Policy GKA (Local), a true
and correct copy of which is attached hereto as Exhibit "F", and incorporated herein
for all purposes. It was further approved and adopted by Defendants when
Superintendent Otto heard the Parents' Complaint at a Level II hearing and by letter
of February 2, 1999, denied all relief and ratified the acts of Davis and other
Defendants. The acts of Davis and all Defendants as described herein were again
ratified and approved by Defendants Plano ISD and Plano ISD Board of Trustees on
March 2, 1999 when they heard the Parents' Level III Complaint, which complained
of this Davis Memo, and denied same.
35. The motivating factor and purpose for the adoption of the amended Policy GKA
(Local) was the desire and intent to further solidify and strengthen the desire and
intent of the Defendants to quench the free speech and expression of Parents and
squelch any opposing speech or expression that may be contrary to the position,
plans, or desires of Defendants.
36. After this incident at Haggard Middle School, Mr. Kirke attended another public
meeting for parents and the general public, at Wilson Middle School on September 1,
1998. Mr. Kirke attended this meeting because his son, T.K., attended that school.
Again, just as at Haggard Middle School on August 25, this meeting was specifically
designed and created by the Plano ISD for parents to learn additional information
about the Connected Math Program.
37. Before the Wilson meeting began, Mr. Kirke was approached by Dr. Davis and
Ms. Beverly Sellers, Principal of Wilson Middle School, and was told that he would
not be allowed to pass out any literature at that public meeting. Once again, fearing
reprisal by Plano ISD and/or its employees against either himself or his children, or
that he would be asked to leave the premises, Mr. Kirke agreed to not distribute or
even make available his literature at the meeting.
38. The materials of Mr. Kirke were not disruptive, inflammatory, inciting to civil
disobedience or unrest or imminent lawless or disruptive action, obscene or
inappropriate, libelous or hateful. Rather, the materials sought to be given to fellow
parents by Mr. Kirke were merely informative, discussing the merits of the
Connected Math Program in Plano ISD, and concerned an item of critical and serious
importance to parents--the education of their child.
http://www.pisd.org/cmp/cmpsuit.html
The one bright spot I've observed
since this third special session
convened almost a month ago was
representative Bill Keffer's
comment to one of many of a long
string of teachers union officials
testifying before the
House Public
Education Committee
on
Tuesday  that the employment
status of teachers is a hybrid.  "On
one day you want the state to get
involved and give you more money
and another day you don't want the
state meddling in your business
because you're part of a union" as
regards the state holding teachers
and schools accountable.  Keffer's
admonition aside, Texas teachers
are to receive an across-the-board
$2,000 pay raise regardless of
their teaching skills.
LITTLE KNOWN SBOE FACTS
1.  Yes, there is a State Board of
Education.  If you live in Texas, you
have an elected representative on
the SBOE; find your representative
here
http://www.tea.state.tx.us/sboe/SBO
EmapC.pdf
2.  Yes, the governor appoints the
SBOE chair.  No, the SBOE
doesn't get to elect its own chair.

LITTLE-KNOWN SBOE
RUMOR
1.  The governor requires his
appointee chair to sign a resignation
letter before assuming the
chairmanship.  (Think about this.)  
I contacted the governor's office
earlier this week and have not
received a yes/no confirmation.
THE ENROLLED BILL DOCTRINE prevents the courts
from examining legislative compliance with certain
procedural aspects of the constitution as long as a bill
has been properly enrolled and signed by the speaker of
the house and the lieutenant governor, and not vetoed
by the governor.  "The courts won't look behind that
bill to the legislative records to try to invalidate it,"
says Rhodes.  "They can only invalidate for reasons that
appear on the face of the bill.  As the result, the issue
of whether a piece of legislation falls within the
governor's proclamation in calling the special session is
not enforceable by the judiciary and becomes a matter
for the legislature."  Rhodes adds that this doctrine has
most recently been tested in 1971, in Maldonado v.
State, where the governor called a special session and
the legislature went beyond and challenged in the Texas
Court of Criminal Appeals held that this was not a
matter, saying, "We will not look behind the engrossed
bill to see if the governor issues a proclamation
including the subject matter of the enacted
legislation." .  
Special Lege Report -
Part Two
SADDLE UP AND MOVE 'EM OUT:  HOW TOP
POLITICIANS ARE CONSPIRING WITH TOP EDUCRATS
TO RUSTLE TEXAS PARENTS & TAXPAYERS--AGAIN
By Peyton Wolcott - May 8, 2006 - High Noon

Sad part is, even though it's going on AT THIS VERY MOMENT, this big-time
cattle rustle is one that next to nobody's noticed. Major Texas papers are
concentrating on the jazzier elements of this past week's special Lege session
such as Friday's food fight on the floor of the Senate when six Senators walked
out, and ignoring what's really important, the power grab by
Texas
edu-missioner Shirley Neeley
and associate edu-missioner Robert Scott to
seize what little power the elected
State Board of Education still has.
Texas edu-missioner Shirley
Neeley with assoc. commish
Robert Scott    
(PHOTO/AP)
Why? "Come, let us reason together," LBJ used to say.  More power for governor
Rick Perry's
Texas Education Agency appointees Neeley and Scott means more
power for Perry. Follow the money.

K-12 good?  K-16 must be better
Perry has called the Lege into special session, for the third time now, to settle the
school finance issue--which would have been a full corral by itself. Except that both
Perry's and
Lt. Gov. David Dewhurst's ambitions have by now reared their collective
heads and Republican
Senator Florence Shapiro from Plano has added language
that shifts education decision-making power from our elected SBOE representatives
to the Governor's appointees over at TEA. The rationale appears to be that if K-12
reform worked for
Bush, K-16 must be better for Perry and/or Dewhurst.
"The
commissioner
shall's"
But as anyone who's ever baked a cake will tell you, adding more basic ingredients
is not necessarily a good thing, flour and salt and butter being good examples.

Lone Star Report managing editor Will Lutz writes that Shapiro's motivation is her
concern "that our high school curriculum is not aligned with what is expected of
students in higher education. 'We're losing people. There's a huge disconnect
between our high school curriculum and our college curriculum, vis a vis the fact
that we've got kids going to remedial courses [in college.]'  So she asked the
commissioner of education and the commissioner of higher education to draft
language to align the higher education standards with those in K-12 education. The
elected
State Board of Education would lose discretion over the curriculum, the
Texas Essential Knowledge and Skills, if the committee substitute to HB 1 unveiled
in the
Senate Finance Committee May 1 were to become law.' "
Why grab land when
you can grab power--
and then buy lots of
ranches?  Here's one
small section of a very
large bill where mention
of the SBOE is AWOL.

* ARTICLE 2. FISCAL
ACCOUNTABILITY
- SECTION
2.01. Chapter 1, Education
Code, is amended by adding
Section 1.005 to read as
follows: Sec. 1.005. (b) The
commissioner of
education
. . . .may
establish . . . three centers for
education research . . . . as
part of: . . the Texas Education
Agency; (d) A center may be
operated under a
memorandum of
understanding between the
commissioner of
education
. . . . The
memorandum of
understanding must require
the
commissioner of
education
. . . to provide
direct, joint supervision of the
center (f) The
commissioner of
education
. . . (1) under the
memorandum of
understanding . . . may require
a center to conduct certain
research projects considered
of particular importance to the
state, as determined by the
commissioners (g) In
conducting research under
this section, a center: . . . (1)
may use data on student
performance, including data
that is confidential under the
Family Educational Rights and
Privacy Act of 1974 (20 U.S.C.
Section 1232g) (2) shall
comply with rules adopted by
the . . .
commissioner of
education
. . . to protect the
confidentiality of student
information, (h) The
commissioner of
education
. . . may: (1)
accept gifts and grants to be
used in operating one or more
centers; and (2) by rule
impose . . . fees for the use of
a center's research,
resources, or facilities. (j) The
commissioner of
education
. . . shall adopt
rules as necessary to
implement this section. (k) In
implementing this section, the
commissioner of
education
may use funds
appropriated to the agency
and available for that purpose,
including Foundation School
Program funds. SECTION
2.02. Subchapter A, Chapter 7,
Education Code, is amended
by adding Sections 7.008 and
7.009 to read as follows: Sec.
7.008. PUBLIC ACCESS TO
PEIMS DATA. (a) The
commissioner . . . shall
develop a request for proposal
for a qualified third-party
contractor to develop and
implement procedures to
make available, through the
agency Internet website, all
financial and academic
performance data submitted
through the Public Education
Information Management
System (PEIMS) for school
districts and campuses. (b)
The
commissioner shall
appoint an advisory panel to
assist the
commissioner
in developing requirements for
a system that is easily
accessible by the general
public and contains
information of primary
relevance to the public.
________________________
PLEASE NOTE:  This section
above also allows for-pay
outside contractors access to
our kids' confidential PEIMS
information.  Remember
Xpediant, LLC?  Remember C
Innovation's ZANGLE?  
Remember the photos of the
unguarded tech department?

http://www.capitol.state.tx.us/tlo/79
3/billtext/HB00001E.HTM
So it's easy to see why Shirley Neeley would be able to call
her end of the deal "a homework assignment" from
Shapiro's committee,
Senate Finance.  But is it really that
simple, Shirl?

Not our first time in this not-OK corral
Let's go back to 1993 when then-state senator Bill Ratliff
created our so-called
Robin Hood state edu-funding which
introduced socialism to state public school finance--why
does no one call it that?--which has made nary a soul,
including the poor districts designed to be the lucky
recipients of others' hard work, happy, as those districts have
since sued for still more money. In the bargain, Robin Hood
"destroyed about $81 billion of property wealth in Texas,"
Harvard's Caroline Hoxby and Ilyana Kuziemko reported in
2004, noting that "good intentions about redistribution are
not enough in school finance."

When that creek didn't overflow, Ratliff seized higher ground
in
1995 with SB 1 which at the local level stripped elected
school boards of their authority, giving it to their hired
superintendents, and at the state level similarly stripped the
SBOE of its authority and gave its power to the
governor-appointed Texas education commissioner.
Gov. Rick Perry
atop unnamed horse;
former Lt. Gov. Bill
Ratliff on foot.
(PHOTO BELOW-Andi
Hadisutpto/Daily Texas)
The Ratliff gang
Since leaving office, Ratliff has proven himself to be not only a staunch ally and
good friend of the Texas education establishment but also what some might call its
wealthy beneficiary as he now works as a paid political lobbyist for among other
organizations the
Texas Association of School Boards from which he expects to
make as much as $99,999.00 this year, according to
Texas Ethics Commission
records.
In fact, the Texas edu-establishment has
proven generous to the entire Ratliff family.  
Bill's nephew Shannon Ratliff II is a
registered lobbyist on behalf of two
businesses that traffic in public school funds:
Bracewell & Giuliani, a law firm which seems
to be specializing in anti-parent lawyering on
behalf of Texas school districts, and
Cisco
Systems
which Texas ISD's don't seem to be
able to function without, for which he expects
to be paid $25,000 to $49.999.99 for this year
alone. Not to be left out,
Bill's son Thomas
Ratliff
was listed by state rep. Todd Baxter
last year as one of two sources for
HB 2264,
Baxter's proposed anti-sunshine legislation
directed at the efforts of parents and
taxpayers to view their schools' open records;
shortly after HB 2264 failed last year Baxter
left office--to become another Texas lobbyist.
 
(See below left, goldenrod box, for more
regarding honors bestowed by Eanes ISD's
grateful board and administration on Mr.
and Mrs. Thomas Ratliff.)
(From left) Eanes ISD professional
lobbyist Brad Shields (standing);
then-rep. Todd Baxter, 3rd from
right, conferring with EISD supe
Nola Wellman (named by Baxter as
source of HB 2264) & then-EISD
board president Clint Sayers.
TEKS no Rex the Wonder Workhorse
Some would argue that the Texas Essential Knowledge and Skills (TEKS) are
poorly written to begin with in that they are too broad and vague. I stumbled across
this section of the
Texas Education Code by accident several years ago while
looking up something else and was appalled. Drawing only upon my experience as
a mom, the lack of specifics was surprising. Where I expected to find "Read
Shakespeare's Twelfth Night in 9th grade" and "Learn basic algebra in 8th,"
something along those lines, instead there were generalities, thereby generating
another education specialty profession, that of the TEKS consultant who comes to
schools and waves a magic wand over the curriculum--thus removing the burden of
responsibility for figuring out what they mean from the supe's back.
As veteran teacher Donna Garner says, "Locals have already lost
control of their public schools; every entity in the schools is now
dancing to the 'TAKS dance' [the TEKS test] including school board
members, administrators, teachers, and students. Teachers have
been given an impossible mandate which was crafted by the TEA.
The education standards are too numerous, too broadly worded,
and too unrealistic for teachers to follow and for students to learn.
The reason Texas has such a huge percentage of high-school
graduates who have to take remedial education in college is
because the TEA has not given our students and our schools quality
leadership in Pre-K--12. "
Donna Garner
(PHOTO/Doug
Fitzjarrell)
When all else fails blame it on PBS
Maybe here in my home state we watched too much
"Texas Ranch House 1867" on PBS last week and
grew a bit overly enthusiastic about it all with the
result that we've been moved to allow the spirit of
our rough and ready forbearers and the Wild West
to motivate our actions. Unfortunately, the Wild West
image that comes to mind of our sitting Lege and
education bureaucracy is not the noble and heroic
scale of 1867 or even John Wayne but the Wild
West of modern cinema--the food fight scene from
Animal House (at left).
John Belushi in food fight scene,
Animal House
SB 1 chockablock with 'the Commissioner shall's
At right is just a small portion of this massive bill, just to give you an idea what's at
stake. Over and over you read, "the Commissioner shall" this and "the
commissioner shall" that--where we should be reading "the SBOE this" and "the
SBOE that."
Perry/Dewhurst/Neeley/Scott's land grab
So now our lawmakers have made the decision to wrest even more power from
parents and taxpayers through their elected representatives, the SBOE, and give it to
TEA, the same folks who created the problem in the first place.

Aye-yi-yi.

Just as other state legislatures before this one, the current Texas Lege doesn't
appear to much want a State Board of Education independent of ties to Texas pols,
Texas bidness or the Texas education establishment.

Coming soon to a state edu-bureaucracy near you
For those of you reading this in other states sitting there comfortably at your laptops
or computer terminals thinking yourself safe because you're not in Texas, saddle up,
partners. You'd better think, think, think again. We pioneered K-12 accountability and
confidential student data collection and you now have both.  
Notwithstanding when 15 little letters mean so much
The Lege has duly noted calls and emails from conservatives around the state who had been alerted to the
edu-missioner's power grab.
Dave Nelson, an aide to Senator Jane Nelson who was one of Friday's walkouts
said, "Senator Nelson is aware of some language in HB 1 that is of concern to her because it would diminish the
role of the State Board of Education and she supports an amendment to remove that language."

Senator Florence Shapiro added some
"clarification" language in the Senate Finance Committee meant to
appease conservatives and it goes like this:
"Notwithstanding any other provision of this section, the State
Board of Education retains the board's authority over the required curriculum adopted under Section 28.002."
Further, according to Shapiro's office "there is NO intention to strip ANY power
away from the SBOE."  Neely likewise asserts, "At no time was there any attempt
to make a 'power grab'....I have worked very hard to build trust and establish a
good working relationship with the SBOE. I would never do anything to jeopardize
the progress we've made." Smile back and grab your wallets, folks, in the
presence of real artistry. So long as the word "notwithstanding" is still in there,
Neeley's and therefore Perry's and therefore the Lege's powers are vastly
expanded and the SBOE will be left with nothing much to do--and parents and
taxpayers with still less direct input into our children's education.

How is this so? Buttonhole your state representative next time you see him/her,
ask them what "vertical alignment" really means. The pols don't know much
about public education and they seek guidance from the very source most of us
would rather they not--our local superintendents.

As one small example, my own state rep,
Harvey Hilderbran, a nice fellow from
Kerrville, regularly schedules meetings with area supes (see photo at right) to
solicit their feedback on education issues, but when asked a few years ago was
unable to offer a single example of having done the same for parents and
taxpayers.
State rep. Harvey Hilderbran
(left) conferring with supe
in 2004 at one of his specially
calledl supes-only meetings
The road to hell
These attempts to fluff over what the language actually says reminds many veterans of Bill
Ratliff in 1995, with similar results on the horizon.

And just as the road to hell is paved with good intentions, to quote
former Roslyn supe Frank
Tassone,
"The devil is in the details."

SBOE member Terri Leo points out that "I do not agree that this 'clarification' language Sen.
Shapiro added really changed anything. It is just window dressing that reiterates another
section of the code....[and] does nothing to correct the amendment. The language in the bill still
has the Commissioners
[Texas Higher Ed edu-missioner Raymund Paredes, also in on the
scheme] approving and the SBOE implementing whatever the commissioners approve. The
SBOE plays no role in development or approval of the vertical alignment of the high school
curriculum."

Armed with this I went back to Neeley mid-afternoon on Friday and she responded that "An
amendment from Senator Shapiro clarifying that the State Board of Education has authority over
curriculum has just passed in the Senate Finance Committee–CSHB1."  Robert Scott
confirmed that, "An amendment was just added in committee clarifying that the SBOE retains
complete control over curriculum."

But Neeley and Scott are wrong and Leo's right. Unless Neeley and Scott have access to a
different version of CSHB1 than I have, the word "notwithstanding" in this amendment still gives
the power to the commissioner. I don't see any way around it. Those pesky poly-syllabic
qualifiers.
Frank Tassone's
mug shot, above;
Texas higher ed
commissioner
Raymund Paredes
Governor Perry attempting to pretend it's not his fault
Perry's press aide Kathy Walt said Friday, "Gov. Perry’s sole focus in this special legislative session has been to
address the Supreme Court’s mandate. His plan has been to provide providing meaningful discretion to local
school districts through substantial property tax cuts and to reform the business franchise tax so that there is a
lasting and stable source of funding for public schools."

Meanwhile, back at the ranch, what they say and what they mean are poles apart. I'm having a hard time putting
"meaningful discretion to local school districts" together in the same sentence with what's really happening to
benefit Governor Perry's appointee Shirley Neeley. Looks like a horse, walks like a horse, smells like a horse.  This
exercise is still an old-time power grab.  

One wag (me) sums up this past week as, "How the SBOE Got Dissed, TEA & the Lege Got Wild, and Dewhurst
Tried to Get a Life."   I'm shopping the rights to PBS.  

What TEA'S proposed K-16 alignment
means in real life--
And has anyone ever actually read the TEKS?
Texas TEKS' are not
designed to teach
children but to
involve them in a
group-think learning
process
also know as liberal
indoctrination

Look at the gibberish
foisted on Texas children
and teachers by TEA!  
There's not a specific
author or work anywhere!

TEKS - 9TH GRADE ENGLISH   
§110.42. English I
(a) Introduction.
(1) Students enrolled in English I
continue to increase and refine their
communication skills. High school
students are expected to plan, draft,
and complete written compositions
on a regular basis. Students edit
their papers for clarity, engaging
language, and the correct use of the
(continued below)
ON THE GROUND:  
A CLOSER LOOK AT WHAT
TEA'S PROPOSED K-16
ALIGNMENT MEANS IN REAL LIFE
By Peyton Wolcott
May 8, 2006 - 2:30 p.m.

TEA's proposed K-16 alignment calls for input by
college professors.

Let that sink in for a moment.
UT activist/prof
Robert Jensen
The University of Texas is just a few blocks down the street from TEA Corporate
Plaza.
  

Come, walk  me as we follow this to the next logical step.

Do you want someone like
UT prof Bob Jensen who spoke out on behalf of Al
Quaeda
after 9/11 writing your child's or grandchild's curriculum?

Jensen has written that
"Ward Churchill has a right to speak about 9/11.  And
Ward Churchill is right about 9/11" and that "Malcolm X was correct."   

Jensen further says, "It would be particularly cowardly if I tried to distance myself
from Churchill and his ideas, given that I have made similar arguments in print
and in public speaking over the past decade, especially since 9/11.  I was the
target of a much less intense vilification campaign on my own university campus
immediately after 9/11, which blew over fairly quickly and never reached the level
of the attack on Churchill. I am fortunate to remain employed at my university and
engaged in the larger intellectual and political world."  
(SOURCE--CounterPunch)  

UT's Jensen:  
Images of U.S. soldiers dead & maimed are  'positive
elements'
Regarding Michael Moore's movie, Jensen comments, "Fahrenheit 9/11 also
does a good job of showing war's effects on U.S. soldiers; we see soldiers dead
and maimed, and we see how contemporary warfare deforms many of them
psychologically as well.  The film pays attention to the victims of U.S. wars,
showing Iraqis both before the U.S. invasion, and after, in a way that humanizes
them rather than uses them as props.  The problem is that these positive
elements don't add up to a good film."
 (SOURCE--Citizine)  Jensen calls the war
in Iraq "fundamentally illegal and immoral."
 (Ibid.)  

Goodbye, Mr. Jensen
We'll depart  Jensen with his own words:  "When wealth dictates power,
capitalism and democracy are relatively incompatible.”   The source for this
gem?   The 2004 American Society of Newspaper Editors' "High School
Journalism Institute" at The University of Texas.  
What will radical UT
prof Bob Jensen want
our schoolchildren to
learn about Bin Laden?
Texas TEKS' (continued)
conventions and mechanics of written English and produce final, error-free drafts. In English I, students practice all
forms of writing. An emphasis is placed on organizing logical arguments with clearly expressed related definitions,
theses, and evidence. Students write to persuade and to report and describe. English I students read extensively in
multiple genres from world literature such as reading selected stories, dramas, novels, and poetry originally written in
English or translated to English from oriental, classical Greek, European, African, South American, and North American
cultures. Students learn literary forms and terms associated with selections being read. Students interpret the possible
influences of the historical context on a literary work.
(2) For students enrolled in English I whose first language is not English, the students' native language serves as a
foundation for English language acquisition.
(3) The essential knowledge and skills as well as the student expectations for English I are described in subsection (b)
of this section.
(4) To meet Public Education Goal 1 of the Texas Education Code, §4.002, which states, "The students in the public
education system will demonstrate exemplary performance in the reading and writing of the English language,"
students will accomplish the essential knowledge and skills as well as the student expectations in English I as
described in subsection (b) of this section.
(5) To meet Texas Education Code, §28.002(h), which states, ". . . each school district shall foster the continuation of the
tradition of teaching United States and Texas history and the free enterprise system in regular subject matter and in
reading courses and in the adoption of textbooks," students will be provided oral and written narratives as well as other
informational texts that can help them to become thoughtful, active citizens who appreciate the basic democratic values
of our state and nation.
(b) Knowledge and skills.
(1) Writing/purposes. The student writes in a variety of forms, including business, personal, literary, and persuasive
texts, for various audiences and purposes. The student is expected to:
(A) write in a variety of forms using effective word choice, structure, and sentence forms with emphasis on organizing
logical arguments with clearly related definitions, theses, and evidence; write persuasively; write to report and describe;
and write poems, plays, and stories;
(B) write in a voice and style appropriate to audience and purpose; and
(C) organize ideas in writing to ensure coherence, logical progression, and support for ideas.
(2) Writing/writing processes. The student uses recursive writing processes when appropriate. The student is expected
to:
(A) use prewriting strategies to generate ideas, develop voice, and plan;
(B) develop drafts, alone and collaboratively, by organizing and reorganizing content and by refining style to suit
occasion, audience, and purpose;
(C) proofread writing for appropriateness of organization, content, style, and conventions;
(D) refine selected pieces frequently to publish for general and specific audiences; and
(E) use technology for aspects of creating, revising, editing, and publishing.
(3) Writing/grammar/usage/conventions/spelling. The student relies increasingly on the conventions and mechanics of
written English, including the rules of grammar and usage, to write clearly and effectively. The student is expected to:
(A) produce legible work that shows accurate spelling and correct use of the conventions of punctuation and
capitalization such as italics and ellipses;
(B) demonstrate control over grammatical elements such as subject-verb agreement, pronoun-antecedent agreement,
verb forms, and parallelism;
(C) compose increasingly more involved sentences that contain gerunds, participles, and infinitives in their various
functions; and
(D) produce error-free writing in the final draft.
(4) Writing/inquiry/research. The student uses writing as a tool for learning. The student is expected to:
(A) use writing to formulate questions, refine topics, and clarify ideas;
(B) use writing to discover, organize, and support what is known and what needs to be learned about a topic;
(C) compile information from primary and secondary sources in systematic ways using available technology;
(D) represent information in a variety of ways such as graphics, conceptual maps, and learning logs;
(E) use writing as a study tool to clarify and remember information;
(F) compile written ideas and representations into reports, summaries, or other formats and draw conclusions; and
(G) analyze strategies that writers in different fields use to compose.
(5) Writing/evaluation. The student evaluates his/her own writing and the writings of others. The student is expected to:
(A) evaluate writing for both mechanics and content; and
(B) respond productively to peer review of his/her own work.
(6) Reading/word identification/vocabulary development. The student uses a variety of strategies to read unfamiliar
words and to build vocabulary. The student is expected to:
(A) expand vocabulary through wide reading, listening, and discussing;
(B) rely on context to determine meanings of words and phrases such as figurative language, idioms, multiple meaning
words, and technical vocabulary;
(C) apply meanings of prefixes, roots, and suffixes in order to comprehend;
(D) research word origins, including Anglo-Saxon, Latin, and Greek words;
(E) use reference material such as glossary, dictionary, thesaurus, and available technology to determine precise
meanings and usage; and
(F) identify the relation of word meanings in analogies, homonyms, synonyms/antonyms, and connotation/denotation.
(7) Reading/comprehension. The student comprehends selections using a variety of strategies. The student is
expected to:
(A) establish a purpose for reading such as to discover, interpret, and enjoy;
(B) draw upon his/her own background to provide connection to texts;
(C) monitor reading strategies and modify them when understanding breaks down such as rereading, using resources,
and questioning;
(D) construct images such as graphic organizers based on text descriptions and text structures;
(E) analyze text structures such as compare and contrast, cause and effect, and chronological ordering;
(F) identify main ideas and their supporting details;
(G) summarize texts;
(H) draw inferences such as conclusions, generalizations, and predictions and support them from text;
(I) use study strategies such as skimming and scanning, note taking, outlining, and using study-guide questions to
better understand texts; and
(J) read silently with comprehension for a sustained period of time.
(8) Reading/variety of texts. The student reads extensively and intensively for different purposes in varied sources,
including world literature. The student is expected to:
(A) read to be entertained, to appreciate a writer's craft, to be informed, to take action, and to discover models to use in
his/her own writing;
(B) read in such varied sources as diaries, journals, textbooks, maps, newspapers, letters, speeches, memoranda,
electronic texts, and other media;
(C) read world literature, including classic and contemporary works; and
(D) interpret the possible influences of the historical context on a literary work.
(9) Reading/culture. The student reads widely, including world literature, to increase knowledge of his/her own culture,
the culture of others, and the common elements across cultures. The student is expected to:
(A) recognize distinctive and shared characteristics of cultures through reading; and
(B) compare text events with his/her own and other readers' experiences.
(10) Reading/literary response. The student expresses and supports responses to various types of texts. The student is
expected to:
(A) respond to informational and aesthetic elements in texts such as discussions, journals, oral interpretations, and
dramatizations;
(B) use elements of text to defend his/her own responses and interpretations; and
(C) compare reviews of literature, film, and performance with his/her own responses.
(11) Reading/literary concepts. The student analyzes literary elements for their contributions to meaning in literary texts.
The student is expected to:
(A) recognize the theme (general observation about life or human nature) within a text;
(B) analyze the relevance of setting and time frame to text's meaning;
(C) analyze characters and identify time and point of view;
(D) identify basic conflicts;
(E) analyze the development of plot in narrative text;
(F) recognize and interpret important symbols;
(G) recognize and interpret poetic elements like metaphor, simile, personification, and the effect of sound on meaning;
and
(H) understand literary forms and terms such as author, drama, biography, autobiography, myth, tall tale, dialogue,
tragedy and comedy, structure in poetry, epic, ballad, protagonist, antagonist, paradox, analogy, dialect, and comic relief
as appropriate to the selections being read.
(12) Reading/analysis/evaluation. The student reads critically to evaluate texts. The student is expected to:
(A) analyze characteristics of text, including its structure, word choices, and intended audience;
(B) evaluate the credibility of information sources and determine the writer's motives;
(C) analyze text to evaluate the logical argument and to determine the mode of reasoning used such as induction and
deduction; and
(D) analyze texts such as editorials, documentaries, and advertisements for bias and use of common persuasive
techniques.
(13) Reading/inquiry/research. The student reads in order to research self-selected and assigned topics. The student is
expected to:
(A) generate relevant, interesting, and researchable questions;
(B) locate appropriate print and non-print information using texts and technical resources, periodicals and book indices,
including databases and the Internet;
(C) organize and convert information into different forms such as charts, graphs, and drawings;
(D) adapt researched material for presentation to different audiences and for different purposes, and cite sources
completely; and
(E) draw conclusions from information gathered.
(14) Listening/speaking/critical listening. The student listens attentively for a variety of purposes. The student is
expected to:
(A) focus attention on the speaker's message;
(B) use knowledge of language and develop vocabulary to interpret accurately the speaker's message;
(C) monitor speaker's message for clarity and understanding such as asking relevant questions to clarify
understanding; and
(D) formulate and provide effective verbal and nonverbal feedback.
(15) Listening/speaking/evaluation. The student listens to analyze, appreciate, and evaluate oral performances and
presentations. The student is expected to:
(A) listen and respond appropriately to presentations and performances of peers or published works such as original
essays or narratives, interpretations of poetry, or individual or group performances of scripts;
(B) identify and analyze the effect of artistic elements within literary texts such as character development, rhyme,
imagery, and language;
(C) evaluate informative and persuasive presentations of peers, public figures, and media presentations;
(D) evaluate artistic performances of peers, public presenters, and media presentations; and
(E) use audience feedback to evaluate his/her own effectiveness and set goals for future presentations.
(16) Listening/speaking/purposes. The student speaks clearly and effectively for a variety of purposes and audiences.
The student is expected to:
(A) use the conventions of oral language effectively;
(B) use informal, standard, and technical language effectively to meet the needs of purpose, audience, occasion, and
task;
(C) prepare, organize, and present a variety of informative messages effectively;
(D) use effective verbal and nonverbal strategies in presenting oral messages;
(E) ask clear questions for a variety of purposes and respond appropriately to the questions of others; and
(F) make relevant contributions in conversations and discussions.
(17) Listening/speaking/presentations. The student prepares, organizes, and presents informative and persuasive oral
messages. The student is expected to:
(A) present and advance a clear thesis and support the major thesis with logical points or arguments;
(B) choose valid evidence, proofs, or examples to support claims;
(C) use appropriate and effective appeals to support points or claims; and
(D) use effective verbal and nonverbal strategies such as pitch and tone of voice, posture, and eye contact.
(18) Listening/speaking/literary interpretation. The student prepares, organizes, and presents literary interpretations.
The student is expected to:
(A) make valid interpretations of literary texts such as telling stories, interpreting poems, stories, or essays; and
(B) analyze purpose, audience, and occasion to choose effective verbal and nonverbal strategies such as pitch and tone
of voice, posture, and eye contact.
(19) Viewing/representing/interpretation. The student understands and interprets visual representations. The student is
expected to:
(A) describe how meanings are communicated through elements of design, including shape, line, color, and texture;
(B) analyze relationships, ideas, and cultures as represented in various media; and
(C) distinguish the purposes of various media forms such as informative texts, entertaining texts, and advertisements.
(20) Viewing/representing/analysis. The student analyzes and critiques the significance of visual representations. The
student is expected to:
(A) investigate the source of a media presentation or production such as who made it and why it was made;
(B) deconstruct media to get the main idea of the message's content;
(C) evaluate and critique the persuasive techniques of media messages such as glittering generalities, logical
fallacies, and symbols;
(D) recognize how visual and sound techniques or design convey messages in media such as special effects, editing,
camera angles, reaction shots, sequencing, and music;
(E) recognize genres such as nightly news, newsmagazines, and documentaries and identify the unique properties of
each; and
(F) compare, contrast, and critique various media coverage of the same event such as in newspapers, television, and
on the Internet.
(21) Viewing/representing/production. The student produces visual representations that communicate with others. The
student is expected to:
(A) examine the effect of media on constructing his/her own perception of reality;
(B) use a variety of forms and technologies such as videos, photographs, and web pages to communicate specific
messages;
(C) use a range of techniques to plan and create a media text and reflect critically on the work produced;
(D) create media products to include a billboard, cereal box, short editorial, and a three- minute documentary or print ad
to engage specific audiences; and
(E) create, present, test, and revise a project and analyze a response, using data-gathering techniques such as
questionnaires, group discussions, and feedback forms.
Source: The provisions of this §110.42 adopted to be effective September 1, 1998, 22 TexReg 7549.

How we take back our children's education:
one person, one question, one school at a time.



P  E  Y  T  O  N     W  O  L  C  O  T  T



Commentary

Edu-Conferences
____

BOOK EXCERPTS:

Education, Inc.

How To File a Public
Records Request

How To Organize

Lax Oversight

Success Stories,
Kindred Spirits
____

COMMENTARY
ARCHIVES
___

SPECIAL REPORT -
TEXAS LEGE:  TEA
POWER GRAB
____
QUOTES
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Helping
parents &
taxpayers
implode
Education,
Inc.
ATTENTION EDUCATORS AND ADMINISTRATORS:
Every attempt possible has been made to verify all sources and information.   In the event you feel an error has been made, please contact us immediately.  Thank you.
Copyright 1999-2006 Peyton Wolcott
POP QUIZ:

How easy is it to
make contact with
your supe?

Is his/her email
address on your
district's website?
If not, why not?

After all, you're
paying for his/her
email.

David v.
Goliath:

How
America's
Moms & Dads
are taking on

Education,
Inc.

PEYTON WOLCOTT
F o c u s i n g    o n    a c c o u n t a b i l i t y    f i r s t :   
T h i s    i s   h o w   w e    t a k e   b a c k   o u r   c h i l d r e n s '    e d u c a t i o n   
O n e    P e r s o n ,   O n e    Q u e s t i o n ,   O n e    S c h o o l    a t    a    T i m e .
  Copyright 1999-2006 Peyton Wolcott

TEA HEAD
SAYS BOARDS
SHOULD LAY
OFF LEADERS

By: BETTY WATERS,
Staff Writer
September 13, 2004
Tyler Morning Telegraph

Governance violations
in school districts by
micromanaging
school board
members
are a
runaway train that
needs to be braked,
Texas Commissioner
of Education Dr.
Shirley J. Neeley

asserted in Kilgore
Monday as area
superintendents
applauded her stand.

Governance violations
by
school board
members
out of control
are the biggest
frustration and one of
the biggest challenges
she has dealt with since
becoming
commissioner, said Dr.
Neeley, who was
appointed last January
by the governor.

MORE ON BILL
RATLIFF'S ROBIN
HOOD LEGACY

The Robin Hood of
legend stole from
tyrannical government
functionaries, returning
the loot to the victimized
poor.

In Texas, he was hired
by an elected judge and
legitimized by the
legislature to victimize
taxpayers in the name of
the children, while
enriching the
bureaucracy.

Despite noble intentions,
and precious few
benefits, Robin Hood
has been an unwitting
tool for the advocates of
increased spending
without any
accompanying
accountability for
classroom
improvement."

-- Michael Quinn Sullivan
Texas Public Policy
Foundation


QUOTE OF THE WEEK

"Here's how I see it," says
Will Lutz, managing editor
of the Lone Star Report and
one of Texas' savviest
political writers.  "The
Legislature has a very clear
choice about who's going to
be writing our curriculum:  a
bunch of liberals at TEA, a
bunch of liberal college
professors, or our
conservative State Board of
Education.  And if our
elected officials want
conservatives to support
them this November, they
should stand on principle
rather than turning our
curriculum over to liberal
government bureaucrats."

May 8, 2006
footnote:

This will come as no
surprise:  The entire
legislative process this
past week has not been
transparent for those of
us footing the bill for it.  

All week long attempts to
get a straight answer
have been met with
variations on "Too busy"
and "in committee."  

But what can we expect
from a legislature which
still refuses to record its
votes by name?
HB 2264
State Affairs
hearing
May 2005


Texas mom Dianna
Pharr states the
obvious--and
Education, Inc.
misses the point

Among the speakers at
a public forum Friday,
May 5, 2006 at the Texas
Education Agency to
discuss the 65% solution
regarding spending in the
classroom was
Eanes ISD mom Dianna
Pharr, who began her
comments by noting, "I
may be the only one in
attendance who is not
being paid to be here," to
which the moderator,
TEA associate
commissioner Adam
Jones, responded by
asking for a show of
hands by everyone
present of their own free
accord and not because
they were paid to testify
as a condition of
employment.  

Dianna said,
"As you can imagine
the hands shot up."  

She then pointed
out the obvious, that
everyone else there
including Jones was on
salary from one form or
another of public
education-related
businesses.

Jones' response was to
restart the timer for her
five minutes to not
include the show of
hands.

Pharr later commented,
"None of those
businesses would be in
business without our
education tax dollars."

Eanes ISD
bestows
"EANESpiration"
honors on
Thomas Ratliff
and wife Stacy

Here are Eanes'
announcements:
The winners of the
Spring 2006
EANESpiration Award
have been announced.
The awards are
presented twice a year to
EISD employees or
volunteers in recognition
of an exceptional act or
special effort that clearly
exceeded his or her job
responsibilities.  In sum,
the cause for nomination
should be potentially
inspirational to others.  A
reception will be held in
the Board Room at
Central Administration
on Thursday, April 13,
at 4:00 p.m. to honor
the winners.
School winners are:
Barton Creek Elementary:
Thomas Ratliff (parent).  
______

The fall EANESpiration
reception was held
Wednesday, Nov. 9,
[2005] to honor 29
members of the Eanes
family who have
completed an exceptional
act or special effort that
clearly exceeded his or
her job responsibilities. In
sum, nominees’ actions
should be potentially
inspirational to others.
Nominations are
submitted to individual
schools, which
forward their campus
winners for
district recognition.
Certificates were
presented by
Superintendent Nola
Wellman
and recipients
and guests enjoyed cake
following introduction of
the winners.  Dr. Wellman
also thanked all
Eanes employees and
parents who stepped
forward to lend a hand
when the district opened
evacuation shelters
during Hurricane Rita.
Congratulations
to the district
EANESpiration winners
for fall of 2005.
Barton Creek:
...Stacy Ratliff
What's happening, in brief
Thanks to Shapiro's lead, spending on public education in Texas will increase by 4% despite massive
evidence showing that throwing more money at public education does not improve it.  Shapiro is also leading
the drive to re-engineer Texas public education from the K-12 our politicians and education bureaucrats have
made such a fine mess of into a still-bigger P-16 pile of money and social engineering.

Along the way, Shapiro's plan has neatly discarded what
State Board of Education member Terri Leo of
Spring calls "parents' last firewall" by taking the little power the elected SBOE has left and giving it to Neeley
and Paredes, the commissioners of education whom we will again point out are appointed by Gov. Perry.  As
Leo points out, while "the SBOE at least now has veto power over the end result, the bill language still has 'the
commissioners evaluating, reviewing, recommending, developing, aligning, establishing, coordinating and
approving the curriculum.' In other words, the two unelected commissioners control the whole process."

“Creeping
socialism,”
an expression used in
modern times to describe
America's so-called drift
towards a socialistic
society, was coined by
author
F.A. Hayek in his
book
The Road to
Serfdom.
Published in
1944, Hayek's book
warned of the dangers of
state control over the
means of production,
which he perceived to be
occurring, especially in
regards to the
Tennessee
Valley Authority (TVA)
,
during the New Deal and
the Fair Deal
administrations of
presidents
Franklin
Roosevelt
and Harry
Truman,
respectively.   
Hayek believed that
excessive governmental
controls on society did not
deliver on their promises
and that their ideology
actually delivered dismal
economic results. But
more importantly, he
averred, it produces a
psychological change in
the character of the people
in that man's desire to
better himself is what
drives him to succeed and
also improves the way of
life for those around him.
According to Hayek,
socialism strips man of his
desire to succeed.  
(SOURCE--U-S-History.com)
(2) Student Success – increase
completion of postsecondary
certificates and degrees.
This MOU is designed to help the
state of Texas achieve goals one
and two of the Texas Higher
Education Master Plan: Closing
the Gaps by 2015.  To achieve
these objectives, the Parties agree
to:
(1) Develop and implement a
Postsecondary Education
Communication Plan
(“Communication Plan”).
The comprehensive
Communication Plan will include,
but not be limited
to, the following strategies:
a) Connecting the Parties with a
diverse audience (such as students
in elementary and secondary
schools, parents, educators, civic
and
faith-based organizations, business
leaders, media, and policy
makers).
b) Creating consistent and
effective messages stressing the
importance of academic
preparation, admission
requirements, financial aid,
making informed choices,
mentoring and planning.
c) Utilizing all available media to
communicate these messages.
The Postsecondary Education
Communication Plan will be
completed by February 1, 2006.
(2) Develop and implement a
Statewide Coordinating Plan
(“Coordinating Plan”).
The comprehensive Coordinating
Plan will provide a roadmap for
how the parties will work together
in co-developing and co-
implementing efforts under this
MOU and create a written
mechanism for involving
interested stakeholders. The
Coordinating Plan will involve, but
not be limited to, the following
resources:
a) THECB: Texas Higher
Education Master Plan: Closing
the Gaps by 2015, its concomitant
College For Texans Initiative, and
associated College for All Texans
Foundation;
b) TEA: Educators Quality and P-
16 Coordination Initiative; and
c) TG: Texas Financial Aid
Information Center and
Educational Alliances and
Partnerships Team.
The Statewide Coordination Plan
will be completed by February 1,
2006.
Effective Dates
The MOU will become effective
upon the signatures of the
Commissioner of Education (TEA),
Commissioner of Higher
Education (THECB), and
President and CEO (TG), and will
remain in effect until it is so
terminated by either party with 30
days written notice. The MOU,
and its associated Communication
Plan and Statewide Coordination
Plan, must be reviewed for
Influences of socialism on
American society today
The effects of socialism
in America can still be felt
today. According to the
Future of Freedom
Foundation,
any
government-owned, -
funded, or -subsidized
operation is considered to
be a socialist program.
For example, publicly
owned airports, sports
arenas or government-
funded universities would
be considered socialist
operations by that
definition.  
 The Social
Security Act of 1935,
one of Franklin
Roosevelt's New Deal
creations, is seen by
many as a socialist
program because it is a
government-organized
and -regulated system.
Social Security was
designed to provide
retirement benefits to
citizens through
mandatory donations to
the program during one's
employment years.  
During the
Clinton
administration, a plan
was proposed to bring
down the high costs of
health insurance by
creating national health
insurance. Critics of the
national health insurance
concept labeled it
“socialized medicine” and
argued that the individual,
not the federal
government, had the
wisdom and capability to
manage his or her own
affairs. They argued that
deregulation of the health
care industry and opening
it up to the free market
would bring the cost of
health care down and
increase the availability of
care to the American
public, which national
health insurance would
not do.
 (Ibid.)
It’s time to admit that
pubic education operates
like a planned economy, a
bureaucratic system in
which everybody’s role
is spelled out in advance
and there are few
incentives for innovation
and productivity. It’s no
surprise that our school
system doesn’t improve;
It more resembles the
communist economy than
our own market economy.

Albert Shanker,
president, American
Federation of Teachers
Historian Theodore
White's
description of
socialism: "The belief and
the hope that by proper
use of government
power, men can be
rescued from their
helplessness in the wild
cycling cruelty of
depression and boom."

A
Socialism
Primer
Another way that the
government uses
propaganda is by having
public schools. Many
people think that because
the public schools in the
U.S. have done such a
bad job of teaching
academic subjects, these
schools have been a
failure. But if you believe
that the real purpose of
the public schools is to
teach people to believe in
the ideas of collectivism,
and to discourage
individual thought, then
the public schools have
actually been highly
successful.
(SOURCE--Review by
grundle2600 at
Amazon.com/The Road to
Serfdom by F. A. Hayek)
What’s Wrong with
Public Schools?
by Sheldon Richman,
March 25, 2005
The following is an
excerpt from Chapter 2
of Separating School &
State: How to Liberate
America’s Families
(1994) by Sheldon
Richman.

To have reasonable
expectations about the
public schools, we must
be clear about what they
are and how they
operate. It is necessary to
look at how they are
funded and controlled and
what implications those
aspects of the system
have for the service being
provided. It must be
stressed that one cannot
take the schools as given,
inquire how they are
performing, and then sift
through countless studies
to come to a conclusion.
The public school system
must be investigated from
the inside out. Only then
can the performance
studies be evaluated
intelligently.
Public schools are
government schools. That
obvious statement has
important implications.
Government is the
institution that has a
monopoly on the legal
use of force in a society.
Most significantly,
government obtains its
revenues by force —
taxation. As government
schools, the public
schools are financed
entirely out of taxation.
Most school revenues
come from the local taxes
on real estate. Owners of
real estate are assessed on
the basis of the value of
their land and buildings.
The growing federal and
state financing of public
education comes from
income taxes. Public
education’s dependence
on taxation is emphasized
here because it is the key
characteristic of the
system. It explains much
else about the public
schools. And it will
enable us to contrast
public schooling with its
alternative, free market
education (which includes
many possibilities,
including home schooling).
What does the presence
of taxation indicate about
the schools? It indicates
that those who run the
schools have an access to
revenue that no one
outside government has.
The proprietor of a shoe
store cannot send you a
bill, whether or not you
buy shoes there, and
demand payment under
penalty of law. He
cannot raise prices and
compel payment from
you whether you are
happy about the price
increase or not. All he can
do is try to attract you to
the store and hope that
you like the shoes and
will freely agree to
exchange money for them.
Those who operate the
public schools are not
nearly as helpless as the
shoe-store proprietor.
The compulsory funding
of schools creates a
distinctive attitude in
school administrators and
teachers that is not found
in owners of shoe stores
and other private
enterprises. The people
who come into the shoe
store are potential
customers, free to walk
out without buying. In
contrast, the citizens of a
school district are
taxpayers, who have no
choice but to pay their
tax bills. Sure, they can
move to another
jurisdiction. But they
face the same compulsion
there.
Unsurprisingly, the
school authorities treat
the taxpayers differently
from the way that a shoe-
store owner treats his
customers. An elected
school board official, of
course, has his eye on the
next election and for that
reason must at least
appear to be doing things
that the voter-taxpayers
approve of. Some
political theorists
presume that the
pressure for reelection is
similar to the pressures
that businessmen face in
the marketplace. The
similarities, however, do
not go far below the
surface. Electing a school
board official has little in
common with picking a
shoe store. When
shopping for shoes, the
customer makes a
straightforward decision
for himself. He pickets
the store and buys.
Selecting a school board
is very different. No one
citizen can decide who
serves on the board. If a
citizen approves of a
particular candidate, he
must persuade over 50
percent of his fellow
citizens to vote for the
same person. His one
vote means very little.
The margin of victory in
most elections is far
larger than one vote. The
chances of any one
person casting the
deciding vote are smaller
than the risk of being
killed in an auto accident
on the way to the polls.
Besides that, the average
voter has no strong
incentive to exert the
effort to acquire the
knowledge needed to cast
an informed vote. That
incentive is lacking
because people other
than himself would get
the bulk of any benefits
for his effort whether or
not they exert any effort
at all. That is known as
the free-rider problem. It
plagues all aspects of
democracy.
Another problem with
administering schools
democratically is that the
costs of casting a vote are
perceived as small by
voters. A given voter will
pay only a small portion
of the expense that his
vote might bring about. If
he thinks about the
monetary cost of his vote
at all, he is likely to think
only of his small share,
not the overall cost. In
the marketplace, by
contrast, people tend to
face the full money costs
of their choices. Thus, in
the democratic arena
there are distortions with
respect to individual
action that are not found
in the marketplace.
Democratic organization
of schools presents other
problems not found in
market organization.
What if a citizen shares
some but not all of the
positions taken by a
school board candidate?
The electoral system
treats his vote for the
candidates as
unconditional. He has no
way to make clear that
his endorsement is
conditional or partial. He
is stuck with a package
deal that may look good
only in comparison to the
other candidates. Again,
that problem is solvable
in the marketplace. A
person can choose to buy
only what he likes from a
given store and to go
elsewhere for other items.
In a private education
market, parents, if need
be, could even send their
children to one school to
study French and to
another to study math.
The market is the most
flexible arrangement for
satisfying consumers that
can be imagined. It is
precisely that flexibility
that is missing in
bureaucracy, whether
controlled democratically
or not.
Even if a voter finds a
school board candidate he
likes, there is, of course,
no guarantee that once
elected the candidate will
do what he promised
during the election. What
then? Can the people
who voted for him sue
for misrepresentation? Of
course not. They are
stuck with their
candidate. Sure, they can
try to vote him out in the
next election. But by then
the damage may have
been done. And those
who are upset with the
board member will need
to persuade many other
people to vote the
member out, as well.
That cumbersome
requirement has no
analogue in the market.
The nonmarket
organization of education
has a serious but
unappreciated
implication for the
financing of schools:
people do not know what
they pay. As Myron
Lieberman writes, “None
of us knows the costs of
public education, from
our own pockets or the
government’s. These
costs are extremely
diffuse and intermingled
with others beyond
identification. Even with
the help of a
supercomputer, it is
impossible to ascertain
what any individual is
paying for education.”
Generally, it is easy to
tell what we pay for the
various goods and
services we buy. But
when every level of
government, taxing us in a
variety of ways, puts
money into the schools,
how can anyone know
precisely what he has
been forced to contribute?
That lack of knowledge
has further consequences.
Most people will not
undergo the arduous
effort to find out how
much they pay. Many
people will shrug and
think, “What’s the point?
I won’t be able to do
anything about it
anyway?” That
understandable ignorance
and weakening of
responsibility suit the
authorities just fine.
They would prefer not to
have the taxpayers
looking over their
shoulders, closely
watching their decisions.
It gives them substantial
rein to spend money and
to experiment with any
fad in education theory
that catches their fancy.
The system’s inherent
lack of accountability
insulates the
administrators from those
who foot the bill and
suffer the educational
results. It also enables
them to form close
alliances with education
professionals, who are
seen as the experts who
understand the “science”
of education and child
development, although
there are excellent reasons
for believing that those
are bogus disciplines.
That mystification of
financing creates fertile
ground for bureaucratic
irresponsibility. As noted
in the Appendix, the
financing of public
schools has skyrocketed
in recent years. It is
unlikely that the
taxpayers have even been
aware of that fact. The
system has been arranged
to keep taxpayers in the
dark. No, they are not
prohibited from acquiring
the information. But such
acquisition is made so
difficult that most
people, busy as they are
raising their families and
making a living, will not
have the time to navigate
the backwaters of the
bureaucracy. The division
of labor, normally a
blessing, is perverted so
as to discourage people
from exercising self-
responsibility.
A related problem is that
tax financing precludes
market prices for
educational services.
Market prices do not
only let buyers know
what they are paying.
They are the fruit of a
complex communications
process that encapsulates
information about the
relative scarcity of
resources and conveys it
to all participants in the
marketplace. That
information is crucial to
intelligent planning by
buyers and producers of
services. It is at the very
heart of market
competition, which
Nobel-laureate F.A.
Hayek properly called a
“discovery procedure.”
We live in a world of
uncertainty, an open-
ended world in which
perfect knowledge is
denied to us. Discovery
of new things and
methods is always
possible. But discovery
is fueled by incentives.
As economist Israel M.
Kirzner points out, in the
marketplace, the lure of
profit creates incentives
for entrepreneurs to find
unsatisfied needs and to
devise ways of satisfying
them. Those incentives
do not exist in
government schools.
In the market,
entrepreneurs are
accountable to
consumers; they face the
constant threat of
financial loss. The alleged
accountability of
officeholders to voters is
a mirage. It bears not real
resemblance to the
accountability of the
marketplace. If the shoe-
store operator
misrepresents his
product, there is recourse
in the civil courts.
Offended customers can
take their business
elsewhere without notice.
They do not have to
persuade over 50 percent
of the other consumers to
join in the boycott. That
power held by the
individual consumer in
the marketplace—
sometimes called
consumer sovereignty—
is lacking in the
democratic administration
of services such as
education.
The inherent insulation of
school boards (and other
democratic bodies) from
real accountability
aggravates a phenomenon
known as the Iron Law of
Oligarchy. The law says
that in almost any group
endeavor, a small elite
will emerge as the most
active in determining the
activities of the group.
Even in a neighborhood
bridge club, two or three
people will show the
most interest in running
the group — finding a
place to play,
determining the game
night, and so forth. The
Iron Law asserts itself
because people tend to
have busy lives, and few
will find the activity of
such importance that
they wish to invest an
extraordinary amount of
time. Of course, in a
bridge club the Iron Law
is benign. But that is not
true with things such as
school boards. Even if
people might like to
spend lots of times
studying every aspect of
the school system,
attending board meetings,
and the like, most simply
cannot do it. Besides, as
mentioned above, the
return on the effort will
seem too small. Those
who can invest such time
usually have a special
interest in doing so—
members of the teachers’
union, for example. In the
end, school policy will be
inordinately influenced
by a small group of
activists, not by the mass
of taxpayers or parents….
Sheldon Richman is
senior fellow at The
Future of Freedom
Foundation, author of
Separating School &
State: How to Liberate
America’s Families, and
editor of The Freeman
magazine. This is an
excerpt from Chapter 2
of that book.
Another Day of
Reckoning by Brian L.
Carpenter, Mackinac
Center, April 15, 2005.
"It was on April 18, 1991
that [then] President
George H.W. Bush
released a pamphlet
entitled 'America 2000:
An Education Strategy.'
Ultimately, the strategy
became known simply as
'Goals 2000' -- a set of six
nationalized education
goals to be achieved by
the start of the 21st
century. Yet 2000 came
and went, and despite an
investment of millions of
taxpayer dollars, the
strategy ended like most
directives from the feds:
It didn't come anywhere
close to achieving its
goals. ... Mountains of
data demonstrate that
none of these goals were
achieved. Nevertheless,
as recounted above, the
federal government
subsequently created a
significantly metastasized
version of the law: No
Child Left Behind -- the
most ponderous federal
government intervention
in education in American
history. ... Nobel
Laureate and famed
economist F.A. Hayek
referred to the mistaken
notion that a national
economy could be
effectively centrally
planned as 'the fatal
conceit.' Laws like Goals
2000 and NCLB are the
educational equivalent of
the fatal conceit because
they are enacted on the
premise that federal and
state bureaucrats can
effectively administer the
massive government
school system."  
(SOURCE-IllinoisLoop.or
g)


My definition
of
too much
government:  

Meddling
by pols and their
appointees
in other people's
private lives
funded by
other people's
money.

--Peyton