2008-12-27 Roundup

The goal is to actually educate the child:

“Want to save the state money at a time when school budgets are being slashed? Offer more vouchers... .” But wait! Don’t private schools take only the “best” kids from privileged backgrounds ? Not under Florida’s program they don’t. Chattanooga Times-Free Press

Eye-catching quote via Joanne Jacobs:

We’re not prosperous because we’ve invested in higher education, [George] Leef writes.

"The truth is closer to the reverse of that. Only a very affluent country could afford to have a higher-education system that costs so much and produces so little."

Anderson County/Oak Ridge parents: Did you know your child took this survey last spring?

Members of the Anderson County Board of Education heard the results of the county school system's Youth Risk Behavior Survey last week. The Oak Ridger also obtained a copy of the survey results from Oak Ridge school officials on Friday. (snip)

The Centers for Disease Control developed the Youth Risk Behavior Surveillance System to monitor health-risk behaviors that contribute to the leading causes of death, disability and social problems among young people and adults in the United States. State officials with Tennessee Coordinated School Health administered the voluntary survey to middle-school students for the first time this spring. via The Oak Ridger

Now it's Anderson County's turn to pick a Superintendent of Schools. Stonecipher has announced he's retiring.

Bedford County gets an academic magnet elementary school next fall.

Nashville gets two more charter schools. Actually, one is an expansion of an existing one. Nashville is still very far behind on allowing this public school option for children. Memphis has 9 for a student population of about 110,000 (one for every 12,000+) and Nashville currently has 3 for about 75,000 students (1 for every 25,000). That ratio will fall to 15,000 next year. Here's the Tennessee Charter Schools Association website. UPDATE from TCSA: There are currently 16 charter schools in Tennessee with 10 more approved for the next school year.

Nashville Mayor Karl Dean and I have something in common. We've both been described as ranklers by the Tennessean. He last week and me in 2006. Ranklers get things done. Maybe you don't like WHAT they get done...but they get things done.

Good news for free speech and voters:

On December 18, the 10th circuit struck down Oklahoma’s ban on out-of-state circulators for initiatives. (snip) There are now four circuits that have invalidated bans on out-of-state circulators (the 6th, 7th, 9th and 10th), and only one circuit, the 8th, that has upheld them. via Ballot Access News

I met Paul Jacob several months back. The thought of these folks being so harassed by the OK Attorney General was scary. For daring to gather signatures on a petition the Oklahoma 3 found themselves at risk of 10 years in jail and $25,000 fines. Here are a few links for background info. Free the OK3, Tennessee's Blue Collar Muse and the Wall Street Journal. Astonishingly, despite his outrageous behavior and defeat in the Circuit court OK AG Drew Edmondson still plans on running for OK Governor. Apparently, he's drinking whatever IL Gov. Blogojovich is drinking.

This crisis will have to go to the end of the line. Quoted in a Tennessean article about the 'need' to improve our roads and its funding system is this comment about persuading taxpayers to part with their finite cash for the road crisis:

"We're not doing a good job of that. We need to be telling it to Lions Clubs, Rotary Clubs, chambers of commerce that there is a transportation crisis coming in Tennessee." State Rep. Bill Harmon (D-Dunlap)

Harmon is identified as "chairman of the state's Transportation Funding Options Study Committee". Well, I'm betting that chairmanship and the 'crisis' will both change in January with a Republican controlled House and Senate.

More legislation from Rep. G. A. Hardaway (D-Memphis) :

*HJR0004 by *Hardaway.

General Assembly, Studies - Establishes a special joint legislative study committee to study issues relating to unsolved civil rights crimes. -

*HJR0005 by *Hardaway.

General Assembly, Studies - Creates special committee to study the impact of slavery and segregation on African Americans in Tennessee. -

*HB0044 by *Hardaway.

Lottery, Scholarships and Programs - As introduced, creates the ASPIRE work study program to provide additional postsecondary financial assistance from net lottery proceeds to students receiving both the Tennessee HOPE scholarship and the ASPIRE award. - Amends TCA Title 49, Chapter 4, Part 9.

Other legislation filed this week:

*SB0004 by *McNally.

Public Health - As introduced, requires the commissioner of health to require children under the age of 24 months enrolled or enrolling in a child care facility to receive the pneumococcal conjugate vaccine. - Amends TCA Title 49, Chapter 6, Part 50; Title 56, Chapter 7 and Title 71, Chapter 3, Part 5.

*SB0006 by *Tate.

Parks, Natural Areas Preservation - As introduced, prohibits the state, counties, and municipalities from requiring the naming of parks and recreational facilities in dedication only to individuals who are deceased at the time of such naming. - Amends TCA Title 11.

Let's just sell the naming rights to the highest bidder and solve the Bredesen/Goetz/Naifeh budget crisis at the same time. I argued against naming a MNPS building after a living person back in 2006. Until folks are dead we can not be assured that they won't make a wrong turn at some point which will require having to go back and un-name something after an embarrassing incident. If the idea is to honor a life well lived, lets let them finish their life and give their kids a chance to write that tell-all biography first.

*SB0009 by *Black.

Nurses, Nursing - As introduced, certifies medication technicians who can administer certain medications in nursing homes under the supervision of licensed nurses. - Amends TCA Title 63, Chapter 7, Part 1.

And Sen. Henry files his second bill---another resolution to honor someone. Henry's bill and this CMA press release are very similar.

SJR0003 by *Henry.

Memorials, Retirement - Ed Benson -

Not waiting until January

State legislators are already beginning to file legislation for the upcoming 106th General Assembly. Big thumbs up on HJR0003 (no income tax) and HB0009/SB0003 (picture ID for voters). Looks like Rep. G. A. Hardaway (D-Memphis) is still on his parental rights soapbox. You may remember he was the one who managed to offend nearly every woman in the state by suggesting all babies be tested for paternity. I like lower taxes on food...but Hardaway is sponsoring it?

I certainly hope that this group of legislators realizes that the number of bills has gotten completely out of hand---4,280 last session. Filing a bill doesn't make you a good legislator. Remember quality trumps quantity. You'll have enough to do just balancing the budget mess Gov. Bredesen and Speaker Naifeh gave us.

*HB0001 by *Cobb J, *McCormick, *Dean. (SB0001 by *Watson.)

Highways, Roads and Bridges - As introduced, enlarges optional projects as pilot programs permissible under Tennessee Tollway Act to include: (1) presently permissible single highway project and single major bridge project, (2) two highway projects or (3) two major bridge projects. - Amends TCA Section 54-3-113.

*HB0002 by *Hardaway.

Child Custody and Support - As introduced, enacts the "Equal and Fair Parenting Act" to create a rebuttable presumption that equally shared parenting time is the custody arrangement in the best interest of a child. - Amends TCA Title 36, Chapter 6, Part 1.

HB0003 by *Cobb J. (SB0002 by *Yager.)

Rhea County - Subject to local approval, repeals the ban on partisan elections for county executive and county legislative body of Rhea County. - repeal Chapter 322 of the Private Acts of 1978.

*HB0004 by *Bass, *Turner M.

Handgun Permits - As introduced, provides that person exempt from classroom and firing range training requirement by reason of prior military experience is also exempt from payment of $115 application and processing fee. - Amends TCA Title 39, Chapter 17, Part 13.

*HB0005 by *Hardaway.

Child Custody and Support - As introduced, requires that a court in making a decree or order for child support set a presumptive date for the termination of the current child support obligation. - Amends TCA Section 36-5-101.

*HB0006 by *Hardaway.

Lottery, Scholarships and Programs - As introduced, creates the Tennessee Education Lottery financial assistance grant for certain students who are financially needy. - Amends TCA Title 49, Chapter 4, Part 9.

*HB0007 by *Hardaway.

Taxes, Sales - As introduced, reduces sales and use tax on food and food ingredients from 5.5 percent to 4.5 percent. - Amends amend TCA Title 67, Chapter 6.

*HB0008 by *Hardaway.

Banks and Financial Institutions - As introduced, limits fee that high-cost home loan lenders may charge for third or subsequent pay-off statement provided to borrow in 12-month period to $10.00. - Amends TCA Title 45 and Title 62, Chapter 13.

*HB0009 by *Weaver. (SB0003 by *Beavers.)

Election Laws - As introduced, requires a voter to present qualified photographic identification before voting; voters without proper identification shall be allowed to cast provisional ballots. - Amends TCA Title 2, Chapter 7.

Joint Resolutions:

*HJR0003 by *Kelsey, *McDaniel, *Casada, *Lynn, *Maggart, *Matheny, *Johnson P, *Shipley, *Halford, *Rich, *Swafford, *McCormick, *Niceley, *Harrison, *Brooks K, *Cobb J, *McManus, *Bell, *Hill, *Lundberg, *Haynes, *Lollar, *Evans, *Dennis, *Brooks H, *Hensley, *Weaver, *Sargent, *Ford , *Dean, *Williams, *Coley, *Watson, *Floyd, *Montgomery, *Carr, *Eldridge, *Johnson C, *Harwell, *Faulkner.

Constitutional Amendments - Proposes an amendment to clarify the constitutional language that currently prohibits the levying of a tax on any class of income, other than income derived from stocks and bonds, and to prohibit any tax levied on or measured by employer payrolls. -

Testing Rep. Hardaway

Rep. G. A. Hardaway (D-Memphis), he of the HB2795 to test all non-public schoolers with public school tests, and even more outrageously wants to test all newborns for paternity, promised to have this testing bill reheard on 3/19 and also communicate about the changes he said he would make to the bill. Well, it's scheduled for hearing next Wednesday as promised but he's not telling anyone what, if any, changes have been made. He's not returning phone calls or giving one inch in the few personal contacts that have been made.

The following was emailed late today to Rep. G. A. Hardaway (D-Memphis) and each member of the House Special Initiatives sub-committee. Here's a link that will address an email to them that you can send to voice your concerns.

From: Kay Brooks
Sent: Thursday, March 13, 2008 5:04 PM
To: rep.ga.hardaway@legislature.state.tn.us; rep.leslie.winningham@legislature.state.tn.us; rep.john.windle@legislature.state.tn.us; rep.tommie.brown@legislature.state.tn.us; rep.jim.coley@legislature.state.tn.us; rep.ron.lollar@legislature.state.tn.us; rep.joe.towns@legislature.state.tn.us
Subject: Failure to communicate regarding HB2795 Testing for all
Importance: High

Rep. Hardaway and fellow legislators,

I’m writing to bring your attention to your failure, Rep. Hardaway, to communicate to citizens regarding HB2795. On February 27, 2008 this bill was heard before the House Special Initiatives sub-committee. At that time more than 100 citizens filled the conference room and halls to protest this burdensome and unnecessary testing legislation. At the end of the discussion about this testing bill Education Chair Les Winningham requested that you, Rep. Hardaway, ensure that you get the language you want in the bill, show that to the Chairman John Mark Windle and the rest of the committee members as well as giving it to various homeschool representatives so we could all have it in advance as well. You, Rep. Hardaway, assured Chairman Winningham that you would be communicating and that these citizens would be kept up to date on the language and communications you have with others regarding this bill. If your memory fails here’s the video: http://www.youtube.com/watch?v=MxKELkvKiXM

You have failed to keep your word, Rep. Hardaway. I gave you my card that day telling you I would be happy to help you communicate with the Tennessee homeschooling community via the TnHomeEd.com network. I have called your office several times since then and none of my messages have been returned. When I talk with other homeschoolers it’s clear that my experience has been the norm. Your lack of cooperation in this matter is very disappointing and quite unprofessional. Many of us gave you the benefit of the doubt, took you at your word and now find that your word is not trustworthy.

As of 5:00 p.m. today the bill is scheduled to be heard next Wednesday, 3/19/08 and the state’s website shows NO amendments to this bill. Your fellow committee members made it very clear that they did not want a repeat of the deluge of phone calls, emails, faxes and mail that occurred a month ago. We agree that there is important legislative business that should not be derailed by something as unnecessary and fruitless as HB2795 and strongly urge you to withdraw the bill immediately and make that widely known.

Most sincerely,

Kay Brooks

Kay@TnHomeEd.com
http://tnhomeed.com/

TnHomeEd is a network and comprehensive independent clearinghouse of homeschooling information specifically for Tennessee parents and other interested parties.

The mission of TnHomeEd is to provide homeschooling and education information to all parents regardless of why or how they school, who they are, what they believe or their membership status.

Pushing Back

Rep. G. A. Hardaway (D-Memphis) makes this week's issue of Education Week. The article titled "Home-schoolers Pushing Back Against New State Scrutiny". The article highlights what a busy month it's been for homeschool advocates and how strong their opposition to interference has been. In Nebraska 1,000 of some 6,000 homeschoolers descended upon the state capitol when a legislator, who is married to the teacher's association lobbyist, btw, tried to require testing for them. In Mississippi the statehouse was 'flooded' with calls and the bill there died in committee. In Tennessee hundreds attended a public hearing. Just last week a juvenile case that was hidden from public view yielded a public opinion that a private school provision used by some 160,000 students' parents to school their children at home was illegal. That's going to redefine 'flood of calls to the statehouse' to be sure.

Here's the portion of the Ed Week article about Hardaway's wrong headed effort to require all students take the state tests.

In Tennessee, Rep. G.A. Hardaway has been pushing for a new law to require all school children to pass the same state exams as public school students to receive a high school diploma. In response, the home school community in Tennessee waged a telephone and e-mail campaign to lobby against the measure before its first public hearing on Feb. 27.

Mr. Hardaway, a Democrat from Memphis, said he didn't intend to target home school students, but wanted to draw the attention of state education officials to what he called "an uneven playing field" for public school students.

Under Tennessee's current graduation requirements, students must pass a series of three standardized exams, known as Gateway tests, to earn a diploma. Mr. Hardaway said that requirement is not fair when it's only applied to public school students, especially when graduates of nonpublic schools are eligible for state-lottery-funded college scholarships.

"In order for it to be a fair race, everyone needs to start from the same starting line," he said.

The state board of education, however, has already approved a new policy that will soon eliminate the Gateway tests in favor of a series of end-of-course exams, which will account for 25 percent of a student's overall course grade.

In the meantime, Mr. Hardaway, who is reworking his original legislation, said he would seek to require that Tennessee education officials more closely study the best practices used by home-schoolers and other nonpublic educators that may work to help raise student achievement in public schools.

"We all need to work together and learn from each other," Mr. Hardaway said.

Hardaway is unwilling to acknowledge that there is plenty of research out there about private and homeschoolers that he could glean from to rework the public education system. It's already available. It is not necessary to force families to submit to state scrutiny in order to obtain that information. It won't require legislation and it'll be a lot cheaper than $4 million a year just to test the students and then untold millions to examine, more to create new programs based on the suggested changes and even more to implement. Likely, the end will be what works in small intimate family settings just doesn't work as well in factory school setting.

Hardaway just needs to withdraw his bill, HB2795, and save taxpayers and legislators a lot of grief and dollars. We've got way more than 6,000 homeschoolers in this state. Add private schoolers and the legislative halls won't hold them all.

Hardaway punts

Yesterday's House Education Committee's Special Initiatives sub-committee was very well attended by parents, children and others interested in stopping HB2795 mandating state tests for all students sponsored by freshman legislator Rep. G. A. Hardaway (D-Memphis). I'd estimate at least 100 people were crowded into the room with many waiting in the cloakroom and hall. They came, despite the snow, from across the state, literally from Sevierville to Memphis, such was their concern about unnecessary interference in the education of children. People in suits and blue collars some with children in tow. They were determined to make their voices heard. It was very clear from statements made by legislators in the hearing that they had each received thousands and thousands and thousands of calls and emails about the issue--and they didn't want a repeat of that.

Not surprising to those of us familiar with the legislature the Education Committee meeting went very long. Then it was decided that Rep. Tommie Brown's (D-Chattanooga) Higher Ed committee would be slipped in before the Special Initiatives Committee. Despite that the crowd remained fairly quiet and patient until the meeting started and hour after the advertised time.

The bill was introduced and there was a moment or two while we waited for a motion in order to even hear discussion on the bill. Unfortunately, Rep. Tommie Brown (D-Chattanooga) provided it and later when he finally arrived Rep. Joe Towns (D-Memphis) provided the necessary second.

Amazingly, Hardaway spoke at great length about his bill but people were still unclear as to why non-public schoolers were involved. Hardaway seemed to be saying that he was concerned about the unfairness in public school testing and was using this as a tool to highlight that and push improvements. He acknowledged that the State Board of Education was reworking testing and that while Gateway's had been very high stakes they now accounted for only 25% of the graduation requirement. Observers wondered: If this is a public school problem, why are all these non-public schoolers being impacted? Interesting comments considering Hardway's relationship with a Memphis Charter school, Memphis Academy for Health Sciences.

Brown asserted that she was a supporter of homeschooling and the legislature granting us the right to do so. She also stated that she was working toward making the public schools so good that we wouldn't want to homeschool anymore. These comments only pointed out how differently many of us view our 'right to homeschool' and our reasons for doing so. We appreciate the support, but this isn't the way to show it.

Committee Chair Rep. John Mark Windle (D-Livingston) was very helpful to attendees making sure they knew how much longer they'd have to wait, assuring them HB2795 would be heard today and allowing several to speak to the committee. But, frankly, since the intent of the legislation was so fuzzy, it was very hard to rebutt. A homeschooling dad who testified came closest to expressing our collective point of view when he essentially said: We're not broke. We don't need fixing.

Rep. Les Winningham (D-Huntsville) was obviously displeased with the way this bill had been handled and confessed he wasn't sure what Hardaway's intent was. Winningham wasn't alone. Winningham, who is not just another committee member but a long time chair of the House Education Committee strongly suggested, several times, that Hardaway put the bill 'off notice' (off the calendar entirely), figure out what he wanted to do, consult with his fellow sub-committee members and homeschoolers and give everyone a week's heads up before putting it on the calendar.

But Towns, who was late to the discussion, spoke up and suggested that Hardaway just roll (postpone) the bill three weeks instead and so he did. In the meantime, after Winningham's comments, it's expected that Hardaway will come back with something much more concrete, that can actually be discussed. 45 minutes of talk, hundreds of man hours, travel time and untold other resources expended for this. It was very frustrating.

The fiscal note for this legislation says HB2795 it will cost $2 million plus to test non-public students next year and some $4 million and up in succeeding years. The assumption is there will be 20,000 non-public students taking these tests. I know no one did much research on that 20K number. As if thousands of outraged parents, frustrated legislators and staff who were unnecessarily inconvenienced, the lack of a clear goal and proof that pulling in non-public schoolers into public school testing was necessary 'for the public good' it'll be tough to sell expending $4 million that could be much better used elsewhere.

Tennessean coverage, such as it is.

Testing for all: public, private, home schooled

Rep. G. A. Hardaway (D-Memphis) has introduced HB2795 which will require all students whether public, private or home schooled to submit to state testing. The old saying is "He who creates the test creates the curriculum". One of the very reasons parents choose to leave the public schools is the curriculum. I expect he'll be hearing from them until he decides to pull the bill.

District Address

1243 Worthington Street
Memphis, TN 38114

Nashville Address

109 War Memorial Bldg.

Nashville, TN 37243-0192

Phone: (615) 741-5625

Fax: (615) 741-1005

Staff Contact: Tina Hunt

Internet E-Mail Address

Rep. G. A. Hardaway

Rep. Mike Turner (D-Nashville) tried something similar back in 2004 without success. I trust Rep. Hardaway will also realize that this isn't a better path, especially since the State BOE has just recommended dumping Gateway exams altogether and creating more end of course tests. Testing for the professionals is a moving target. Mandating them for all students is a huge infringement on their freedoms. Further, once having passed these tests, I don't see the state offering to provide a diploma for those students in return. This is just a bad idea all around and this bill needs to be pulled before its hearing in the House Education Special Initiatives Committee next Wednesday, February 27, 11:45 a.m., Room 16 of Legislative Plaza.

You can read details for this legislation at http://tnhomeed.com/HB2795-SB3412.html