Tuesday, February 17, 2015

The rational explanation as to fault for the ISTEP debacle - 2015 Indiana House Bill 1609

When it comes to politics the first way to alienate people is to apply logic. This is because being unreasonable in opinion or belief is a nearly ubiquitous demotic trait -- by their own admission. The academics do not fare much better. While we rationals are few we are not elitists and always welcome converts. So, please read on.

The promethean errors to this matter existed long before the current rift between the Indiana Governor, Mike Pence, and the Superintendent of Public Instruction, Glenda Ritz. I will begin my analysis through an examination of the legal framework.

The Indiana Constitution at Article 8 Section 8 provides for a State Superintendent of Public Instruction, whose method of selection, tenure, duties and compensation shall be prescribed by law. The Indiana General Assembly is charged with crafting the necessary laws. Our legislature has also prescribed by law the duties of the Indiana State Board of Education.

IC 20-19-2-14 Duties of state board
Sec. 14. The state board shall do the following:
(1) Establish the educational goals of the state, developing standards and objectives for local school corporations.
(2) Assess the attainment of the established goals.
(3) Assure compliance with established standards and objectives.
(4) Coordinate with the commission for higher education (IC 21-18-1) and the department of workforce development (IC 22-4.1-2) to develop entrepreneurship education programs for elementary and secondary education, higher education, and individuals in the workforce.
(5) Make recommendations to the governor and general assembly concerning the educational needs of the state, including financial needs.
(6) Provide for reviews to ensure the validity and reliability of the ISTEP program.

The United States Constitution provides for the duties of the Congress at Article 1 Section 8.[en1] Providing for the education of children under a federal scheme is not one of the proscribed duties. Powers not granted to the federal government through the constitution are specifically reserved to the individual states.

By law [IC 20-19-1-1] Ritz is the chair of the State Board of Education. The recently passed House Bill HB1609 would change this system and allow the board to elect its own chair, leaving only Oklahoma retaining this system. Some opponents have contended that this bill is in reaction to Ritz, who has a legal obligation to promulgate the legislative dictates and commands of the state board. The basis for seeking her removal is that she has impeded that process in favour of her own agenda. But this illation fails when viewed in context of past events. When I spoke with legislators prior to the election of Ritz the idea of the state board electing its chair was broached. This latest rift is a non sequitur to the intent of the legislation.

Integral to this conflict is the federal Common Core standards, provisions of the so-called No Child Left Behind Act[en2], and education funding. The progenitor is the federal conditions imposed upon Hoosiers for reimbursement of their earnings confiscated by the federal government. This creates the crux of the conflict which is how policy makers in Indiana will comply with the provisions of Common Core and the NCLBA to ensure that the state continues to receive federal funding for education. With that we are getting closer to establishing fault.

The current US Department of Education was established by President Jimmy Carter. Previous, less imposing, education related agencies or bureaus existed as early as 1867. The authority for the Department of Education was granted, in contradiction to the US Constitution, by members of Congress -- Republican and Democrat. These congressional representatives were granted their positions and relative purported powers through the actions of the electorate at the time. Although having taken an oath which requires each member to eschew the Department of Education and its impositions on our state legislature each subsequent Congress comprised nearly entirely of Republicans and Democrats has failed in this regard.

The current conflict, which has been framed as a Republican-Democrat struggle for control, is the result of infighting between the two factions of a regime intent upon depriving the populace of liberty. So if you want to point fingers at who caused this current political debacle go find the nearest Republican or Democrat. You may want to start with a mirror then move up your lineage.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

[1] The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; —And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
[2] I refer to this as the No Child Allowed to Excel Act because after an exhaustive reading of the approximately 800 pages of the Act it is clear that the intent is to move students toward an outcome based norm which seeks to eliminate deviants. Those who fall on each end of the bell curve. Thus, a prodigy is to reigned and regressed to the norm -- not allowed to accel.

Make a suggestion for me to write about.

Parents who would like to achieve the best outcome for their children in a contested child custody case should visit my website and contact my scheduler to make an appointment to meet with me. Attorneys may request a free consultation to learn how I can maximize their advocacy for their clients.

Connect with me for the latest Indiana child custody related policy considerations, findings, court rulings and discussions.

View Stuart Showalter's profile on LinkedIn

Subscribe to my child custody updates

* indicates required
©2008, 2015 Stuart Showalter, LLC. Permission is granted to all non-commercial entities to reproduce this article in it's entirety with credit given.


No comments: