Shameful

Add this to the information released late on Friday in order to have it cold by the time folks are paying attention Monday morning.

Metro schools' teachers union rejected a $400,000 donation that would have bolstered teachers' pay based on the performance of their students.

This is all about protecting their membership numbers and their power and certainly NOT about rewarding excellent teachers for excellent work. This is about preventing 'dissension' in the ranks according to the union reps at the negotiating table back in August.

School board officials said questions to union representatives about the number of members and how information about the program was disseminated to union members went unanswered Friday.

And I'm willing to bet that they'll remain unanswered. This union is NOT about to stand in the light of day and be accountable for their actions. This was a close vote of 51.3% to 48.7%. Can we demand a recount?

Calls to union representatives Eric Huth and Jamye Merritt were not returned before press time.

No suprise there. Mr. Huth is often awol.

So let's review. The union complains that teachers aren't paid enough. A private donor comes forward and offers to pay them more--based on performance. This is clearly a pilot program that is laying the groundwork that may eventually allow everyone to participate. The general union membership rejects the offer because, based on previous statements, they don't want the rest of the members to be left out. Making union members happy is the mission--not ensuring that excellent teachers get excellent wages.

This all certainly flys in the face of the teacher union's published mission statement:

Our mission is to promote excellence in the Metro School system, seek community support for public education, secure economic and professional security for educators, maintain a strong united teaching organization, advance human and civil rights in education, and empower teachers!

• How does this rejection of incentive pay promote excellence in our schools?
• How does rejecting $400,000 of 'community support' encourage additional community support?
  
• How does rejecting this pay increase secure economic security for these staff members?
• How does it advance human and civil rights for these staff members?

I'm betting they've shot themselves in the foot and it will certainly not even help maintain a 'strong united teaching organization'. Maybe they feel empowered--but I think they paid too high a price for what will quickly become a bad investment.

Here's part of the MENA official statement.

Dr. Jamye Merritt, president of MNEA, said, “There were several things in the Memorandum that I and other leaders were not thrilled with; however, we felt it was solid enough to be put to our members for their decision. And they have spoken.”

MNEA Vice President and Negotiations Chair Erick Huth, a teacher at Middle College High School at Nashville State Community College, commented, “Even though the MOU included several of the criteria that TEA (Tennessee Education Association) recommends for alternative pay plans, teachers were apparently skeptical about this particular plan.”

Delores Jones, a teacher at Tusculum Elementary School said, “I voted no for three reasons: 1) the bonuses themselves were too small, especially the ones for the teachers; 2) I’m against paying teachers based just on test scores, and 3) I’m concerned about how this plan would handle the impact of English Language Learners on the test scores.”

Both MNEA and the school board’s team agreed that the bonuses finally included were too small. The board attempted to convince the donor of the $400,000 available for this plan to increase the amount; however, he declined.

Merritt added, “I’m sure that we’ll continue to talk about diversified pay plans. But this particular plan was not acceptable to our members.”

Bonuses were "too small" isn't something better than nothing? It's a pilot program folks. Did anyone expect that we'd get it 100% the first time out? I didn't. I expected that based on this trial we would know for sure what needed to be tweaked. I'm sure we'll continue to talk about diversified plans--but remember talk doesn't spend at Kroger or pay the mortgage.

And note the arrogance of asking the donor to kick in more money. How does abusing our donors in this way encourage others to step up?

It's going to take an exodus of members (and not that many more I'm told) to decertify this union before we will actually get a professional organization that is more concerned about ensuring quality members over quanity. I encourage teachers to check out a legitimate alternative Professional Educators of Tennessee.

Comcast Cares

Saturday before breakfast Comcast employees were already hard at work at Isaac Litton Middle School. When I arrived just before 7:30 they were nearly done masking the halls in preparation for painting. There was some speechifying by local politicians (Jim Cooper, Howard "Harold" Gentry and Gracie Porter) as breakfast was being finished. By 8:30 breakfast and politicking were done and everyone was back in the halls painting. It was quickly obvious that good planning had taken place and this team knocked out this job in just a couple of hours to include cleaning up.

It's amazing what something as simple as a fresh coat of paint can, and will do, to lift your spirits. These children and the Litton staff are an improving school in the Metro Nashville Public Schools system. I'm so thankful that Comcast choose to further encourage their efforts by investing in this facility, my neighborhood and more importantly the world these children spend so much of their lives in.

Back in the days when we had neighborhood schools it was easier to rally volunteer effort and pull together to get things done. Now days, however, if we have children they're likely in several schools--some clear across town and many of us have jobs that are not close to any of them. If we don't have children in the system we are sometimes seen as traitors and not very welcome. But they're still public schools. We're still going to live in the world these children will impact. My suggestion is that we pro-actively impact them and their educational world first. We can't all command the volunteer effort that Comcast can but we can weed, or chaperone, or donate a book or two. We can adopt a teacher, a class, a club, watch the school board meetings and make our voices heard. We cannot leave these children and the schools to the professionals and then just complain when it's not done the way it needs to be. We can hold those professionals accountable. These are still public schools and they desperately need public interaction. As the Comcast folks clearly demonstrated Saturday--many hands make light work. See if there is anything your hands can do.

Blogger Beta

I've upgraded to Blogger Beta. I'm liking it a lot more. I'm fairly competent with html but I've never been a fan and so I'm glad this is a more WYSIWYG interface. I like being able to drag and drop the elements to rearrange things. Especially nice was the new way to add links. No more searching through the CSS and html to find just the right line to edit. And finally I've got tags.

Now if I could just figure out how to add a third column I'd be a pretty happy camper.

UPDATE: Help is easier also. They've created a blog for known issues which had the exact fix for a known issue I was having at moving the page elements and saving that configuration. Nice.

She's gone!

Education Reporter Claudette Riley who has cranked out some really excellent pieces on the education of the children in our area has left the Tennessean for a smaller Gannet paper in SW Missouri. I hadn't seen her byline in some time--not since the extensive coverage of the TCAP/AYP flap and the school board elections. I assumed she was on a well deserved vacation but who gets a 2 month vacation? So I called her number at the Tennessean this morning and heard her voice tell me that I had reached 'the former desk of Claudette Riley'. Those calls are now being forwarded to Pamela Coyle. This explains why every one and their brother has been covering the education beat at the Tennessean lately.

I consider the loss of a good education reporter at least on par with the loss of an excellent principal or school board member. Their experience, sources and understanding of the system is of huge help in holding the system accountable and letting the community know exactly what's going on in the system--which ultimately results in a better experience for the children.

On the cusp of retaining or firing our superintendent of schools, with a majority of newbies on the BOE and with the budget process just around the corner this is not a good time for Nashville to be without an education reporter that is up to speed and able to crank out the information our community needs to keep abreast of what is going on. Ms Riley was usually the only reporter at the school board meetings. I never saw any other reporter in the committee meetings. She certainly worked hard and knew her stuff. While the Tennessean figures out who will replace her we'll have to keep an extra sharp eye on the system ourselves.

Grading Garcia

Director of Schools Pedro Garcia's contract is up for review. The City Paper tells us this morning that, as was announced in previous board sessions, the board will utilize a facilitator from the Tennessee School Boards Association.

There are two good reasons to call in a facilitator:

1. The board was unable to conclude last year's evaluation on Pedro Garcia there being too much disagreement about his performance. It was still a sore point months later when I spent a summer on the board.

2. We have a majority of new board members that were not around when the evaluation documents (EE's and Ends) were being presented, vetted and voted on. They're going to need some help just wading through all of that. I sincerely doubt that the facilitator cares one way or the other whether Garcia's contract is renewed.

All year long the school board evaluates a portion of Garcia's job performance. They hear his evidence about how well he's done and they submit paper votes and comments which are compiled. At the end of the year it should be a simple matter of adding up the scores and seeing what the result is.

Mere citizens don't have access to those documents without specifically requesting them. They're not part of the usual minutes that are published by the board (example). Here's a copy of a set I've uploaded to KayBrooks.com page 11 is a blank monitoring report. That evening the board heard from Garcia and his staff regarding how well he had done meeting the board's goals for that issue. Page 14 and following are reports with the scores and comments of the BOE members regarding other issues. You can see that their votes are indicated by their initials and their comments are also identified by their initials.

I have mentioned that I don't believe that there is a full vetting of this information. The Friday before the board meets the board usually gets a page with paragraphs saying Garcia has met the goal. That Tuesday night they hear verbal arguments buttressing that argument. The board is expected to return their votes rather quickly which doesn't really provide any time for the community and parents in particular, to rebut Garcia's comments. If you look at the bottom of page 12 of the pdf (actual document page 11) you'll see that while this monitoring report was presented to the board on September 26 the BOE was expected to return it to the board secretary by October 2 just six days later. That doesn't leave time for public rebuttal before the board and that's a big concern to me. The only formal public comments about the performance of this employee are from his point of view. Yes, board members include comments on their evaluation forms and they ought to have had some dialogue with their constituents regarding the issue--but again, most of this is not really out there in the public where it can be legitimately rebutted and countered. It's no surprise then, that he gets very good marks as a rule.

I may be the only person who ever failed him on anything. It was on facilities and it was because I'd visited schools in the 5th District, I had a bottle of nasty water from Isaac Litton Middle School with me and knew that, at least in my district, he had failed to provide a safe and clean place for the children.

NOW is the time to let your board members know how you feel about Garcia's performance. NOW is the time to let them know how you want them to vote. Here's the MNPS page with contact information for the BOE.

In loco parentis loco

This is not a good beginning for our new school board, or its new chairman.

School board member (and chairman of the Board for the Council of Great City Schools) George Thompson, an attorney, took a case that involved a woman whose son brought a gun and drugs to school.

Incredibly, the new school board chairman has to ask--

“My question to Metro legal was ‘Is there a conflict of interest in this matter?’” said Marsha Warden, chairwoman of the Metro School Board. City Paper

Of course there is and I'm astonished that both George Thompson and Marsha Warden even needed to ask. The minute this woman said 'school' as in "my son brought my gun and drugs to school" Thompson should have said: "I'm sorry ma'am but I'm on the school board. I can't take this case." Further, he's just resigning now when the incident happened back on May 11? When was he hired by this woman?

The other half of this story-- perhaps the rest of this iceberg-- is why it took so long for the school system to let the parents know what's going on in the schools.

Instead, many of the nearly 50 parents who attended the special meeting wanted to know why they first found out about the May 11 incident more than four months after it happened, and were not notified by the Metro school system.
(snip)
“This is about trust, and right now that trust has been broken,” said Scott Dickson, the parent of a now-first grade student at Shayne Elementary, City Paper

Parents who don't trust don't support the system, leave the system and, perhaps, leave the county. And they talk to their neighbors and relatives--who then don't trust. Catch a clue, MNPS. I've talked about this over and over, people assume that many of our schools aren't safe and it doesn't help when they cover these things up for 5 months.

In a conversation at a meeting held by CM Pam Murray regarding Maplewood High School I, as a school board member, said we've got to let folks know just what the truth is so that we can either kill the rumors and assumptions about the safety of schools or work on correcting the problem. At the time Ralph Thompson, head of discipline for Metro Nashville Public Schools, said they were still working on the information but he'd get it to me. Well, it took quite a while and we still didn't get a school by school breakdown (more at my previous post.) They are still hiding information about the safety of our schools--of our children.

At the very least the parents with children in that classroom should have immediately been told that their child's classmate had brought a gun and drugs to school so that parents could do what good parents do--help their children understand the situation, fight fear and train them about proper gun and drug handling (for them don't touch, call and adult). But no, 'in loco parentis" kicks into high gear and the system decides that they should handle it and it's none of our business. Never mind that they're our children, it's our school system and it's our tax money paying for it all.

Wrong way to pick public art

We learn this morning that the Metro Arts Commission still doesn't have the slightest concern for public opinion as they decide behind closed doors what we'll have to view as we come and go from our newly refurbished courthouse and what our visitors will see and judge us by as they come and go in our city.

The executive director of the Metro Arts Commission said Wednesday the board will not accept comments from citizens before commissioners select today the two pieces of public art to be placed in the new $35 million public square and for which Metro will pay $350,000. City Paper

I'm with Councilman at Large David Briley:

But Briley said he does not understand why the commission would not make the semifinalists’ proposals public before selecting the winners.

Yes, I'm still peeved that our betters decided that naked oddly-skinned dancers would be shoved down our throats instead of being considerate of the entire community and insist on a little bit of leotard on Musica. This came across as being more concerned about proving we weren't a hick hillbilly town than being willing to make a small accommodation so that it could be art that was embraced by the entire city.

That's our land these pieces are on. It's our entire city's good name on the line. Nashville citizens ought to have the opportunity to vet the pieces. Goodness knows that visitors may come and ooh and aaah and take pictures but we've got to live with the darn things. Personally, I'd pull their permission to have public space if they won't provide real public input.

UPDATE: It looks like someone was listening to reason. This after they announced their decision about what will be at the courthouse square.

On another note, commission members said Thursday that going forward, they will make the public arts selection process a more public one. The commission this week had refused public preview of the eight semifinalist proposals before its official selection.

This will no longer be the case, commissioners Will Cheek and Jeff Ockerman said, maintaining the public will be invited to future final meetings of the commission’s Public Art Committee, which makes recommendations to the full commission before it selects public art. City Paper

Big Dig vs. PSC Metals

Recycling Today gives us a much better view of the 'scrap yard' that is PSC Metals (formerly Steiner-Liff) in the backyard of LP Field. Back in August when the grand unveiling of the Big Dig was made I suggested that we didn't really appreciate this facility. Maybe this article will help.

The scrap yard succeeds because it serves as a key recycling post for the 100-mile radius centered on Nashville. Much of the yard's raw materials are brought in by individuals: pickup trucks laden with farm equipment, cars loaded with appliances, peddlers carrying cans.

From this, the scrap yard turns out about 25,000 tons of steel and about 1,000 tons of other metals a month. Three-quarters of the steel leaves the yard by barge. Everything else is shipped out by truck or train.

(snip)

A similar disruption occurred five years ago when PSC relocated its barge loading facility, its truck scales and railroad scales to make way for the Korean War Veterans Memorial Bridge, the span that now links Gateway Boulevard with Shelby Avenue in east Nashville. That project hints at how complex moving the entire facility would be.

The Tennessee Department of Transportation invoked the power of eminent domain, but it still had to pay $5.3 million for four acres of land, a small corner of PSC's operations. Extrapolating from that, city officials estimate it would take about $100 million to acquire the more than 90 acres of land under PSC and its neighbors. The estimate does not include the cost of cleaning up the land.

Oddly, this article is credited to The Tennessean. But I don't recall seeing it printed locally and I can't find it in their archives.


Hat tip: Timothy via the East Nashville e-list.

Why they're leaving

This article has a few clues about why black families are leaving the public school system. Those who have ears to hear...

"We felt like it wasn't the right environment, especially for an African American boy," said Tanya Marshall, 36. "The teachers were young and nervous. Black males were not being challenged and ending up in special ed."
(snip)

A desire for more rigorous academics and greater emphasis on black history also has led black families into homeschooling, educators say.
(snip)

Many say they left public schools because their children weren't expected to learn at an equal pace or being coached on getting into college, the schools were unsafe, or the curriculum lacked black history.

"Over the last couple of years, especially in places like D.C. and Cincinnati, there have been a growing number of black homeschooled students," said Michael Apple, a professor at the University of Wisconsin who studies the issue. "You will find more in areas where the black middle class can afford to do it."
(snip)

"Some educators and families think that because blacks fought so hard to get equal access, we shouldn't abandon it," said Jennifer James, a North Carolina mother who in 2003 started the National African-American Homeschoolers Alliance, a 3,000-member, nonreligious group that provides information for homeschoolers. "But times have changed. It was a great step, but we have to think about our kids."

Starting Monday in high gear

Jessalynn Bailey from Jackson, Tennessee vents first thing this morning and gives the educrats an earful. This part tends to be true in my experience:

Dr. Nancy Zambito, the outsider who was hired to do an inside job as our [Jackson, Tennessee] superintendent of public schools, is set to start a countywide "listening tour" to determine what folks around here want in public education. (snip)

When politicians or power players launch a listening tour, watch out. They are usually not interested in fixing what ails us, but more concerned with ascertaining what stumps they'll have to plow around to execute what they've already determined is best for us. (Think annexation). I've said it before and will continue to repeat this truth - as long as the anti-American, diabolical National Education Association has any influence on local public schools, the schools will continue to hopelessly disintegrate.

And she's really just getting started. It would be easy, and foolish, to dismiss her voice as being part of the radical fringe. What BOE members must understand is that while she's out front with her views, there are many, many citizens who are tired, frustrated and leaning her way and leaving the system and withholding their support. BOE members, school administrators and politicians must quit considering only the voices of those who are IN the public school system and be willing to learn from the parents who've left what must be fixed in order to have a truly successful PUBLIC school system. Otherwise, what has been created is a private system supported by public funds.

Hat tip: Ben

MNPS BOE Agenda Packet for September 26, 2006

As long as the Metropolitan Public Schools School Board doesn't keep its agenda page updated and as long as I continue receiving the agenda packets I'll put them in .pdf format and post them here.

The whole purpose of my taking the time to create this .pdf is so that parents, taxpayers and voters will have an opportunity to review this information BEFORE the BOE meeting on Tuesday at 5:00 p.m. I strongly believe we must be able to let board members know what questions and concerns their constituents have regarding the items on the agenda. It defeats the purpose of our republican form of government to keep all of this a virtual secret.

I would encourage you to read through the minutes and the monitoring sheet comments by BOE members. They contain some enlightening information.

Here's the link to the MNPS Agenda Packet for September 26,2006. This current packet is 38 pages (rather small in my experience). If you have trouble reading any of the charts please feel free to e-mail me and I'll try and help. You can also call the BOE secretary (254-8444) or your school board representative--after all they're getting paid to provide this information.

Contact information for board members is on the right hand margin of this page.

"Pawns" is right

Bob Krumm's comments on the ridiculous reach for children by Metropolitan Nashville Public Schools Superintendent Pedro Garcia are must read. He points out this is far from over.

Luckily for the 17 children threatened with upheaval, the State Board of Education reported that the reclassification of the zoned schools has “no retroactive effect” on the children already enrolled at KIPP.

That report breaks the impasse . . . for now. Left unreported is whether or not those 17 children will be allowed to return to KIPP next year. Given MNPS’ already expressed desire to remove children from their current school mid-year, I’m not hopeful that they will not also try to fight reenrollment next summer.

Read the rest at his blog and then check around and see if you can help in his campaign for the 21st District seat (West Nashville) for the Tennessee Senate. If we're ever to do a better job at educating these children we need men like Bob in the state legislature who not only understand the issues but are willing to correct the problem.

The first obstacle is structural. Tennessee law creates a system too risky for many charter schools to even consider establishment here. Because children are often permitted to attend a charter school only if their zoned school is deemed failing, the year-to-year continuance of a charter school is always in doubt. Current law, therefore, discourages charter schools from investing in our children’s future because there is no assurance that there will be any children in their future

Quote of the day

Maybe the new Tennessee Education Association president Earl Winman would like a chance to reword this.

He tells educators across the state that schools are reaching out, but too often, "there is a lack of respect for teachers."

"But it takes shared responsibility. We don't blame the police for crime or firefighters for arson," Wiman said. "So why blame teachers for low achievement?" Commercial-Appeal

Every state should do this

The Kansas State Board of Education is taking a serious look at its participation in NCLB (No Child Left Behind). They're not alone. Some 15 other states have done or are doing the same.

The education board has been sharply divided between moderates and conservatives on numerous issues, but it has agreed within the next couple of months to take a look at what the impact would be if the state disengaged from NCLB and refused the federal funding associated with it. The board also will explore trying to get Congress to change the law. Lawrence Journal World

From Reason Online:

Often, state governments do not care because they have an incentive to maximize their budgets, not their effectiveness. For example, a federal law may provide 10 percent more funding in return for following regulations that will require the entire 10 percent to be spent on staff dedicated to filling out compliance form

It's foolish not to regularly evaluate whether the money and control are worth participating no matter what the program. I'm a big fan of accountability when you're working with other people's children and money but that accountability doesn't have to come from the feds. As a transplanted northerner to Tennessee I love Utah's stand in their NCLB debate that education is a states rights issue

NCLB has certainly been frustrating for the education professionals, the families and the public. Those of us outside the system are tired of NCLB being THE excuse for every failing. If it's so bad, then, why are we still participating?

Suffer not the little children

KIPP Academy has been one of two red-headed step children in the Metropolitan Nashville Public Schools system. Despite the fact that these children are part of the public school system and are testing very well the administration seems to regularly snub them and give them the remainders. The lastest snub these children are suffering is that two months after they've begun their school year Superintendent Pedro Garcia is insisting that the children be pulled from the educational system that's working for them and be returned to their zoned schools now that those schools are no longer failing.

Liz Garrigan of the Nashville Scene reports that Pedro Garcia is failing to communicate with the school and is failing to follow the directions of the State Department of Education.

At its core, this conflict, which also applies to a group of students at Smithson-Craighead charter school that the system wants removed, illustrates a frustrating reality: that the Metro school administration, and at least a few members of the school board, resent charter schools and only grudgingly approved them in Nashville. There’s a kind of antagonism, rooted in a sort of territorial instinct, that pervades the relationship between public school educators and reform educators.

She's exactly right. Don't even begin to repeat the "Whatever it takes" motto of MNPS. Don't even repeat the new mantra of "Relevance, Rigor and Relationship'. Both are wasted breath in light of this development. This clearly demonstrates that the goal is not educating the children but protecting the system, the union jobs, and the power base.

Shame on Pedro Garcia and every school board member that doesn't hold his feet to the fire and his job on the line and require him to immediately let those children stay in their charter schools which are doing the job of educating them.

UPDATE: Liz Garrigan reports Pedro Garcia has backed off.

And, this afternoon, Garcia tells the Scene that the state board is echoing such a posture to Metro lawyers. As a result, the schools director says, he will call off the demand. He called Dowell earlier this afternoon to communicate that.

“Based on that interpretation, we’ll follow that,” Garcia says. “We were following our attorney’s interpretation.”

MNPS ACT standings

There's a chart at ACT.org that helps put these ACT scores in some context. I've taken that chart and included the names of the Metropolitan Nashville Public School high schools for a clearer look at where we stand nationally.

Table 2 (with MNPS high schools added)

College Admission Policy	Typical ACT Composite Scores	2005 MNPS Schools by 3 year average in descending order
Highly selective (majority of accepted freshmen in top 10% of high school graduating class)	27–31
Selective (majority of accepted freshmen in top 25% of high school graduating class)	22–27	Hume Fog Magnet MLK Magnet
Traditional (majority of accepted freshmen in top 50% of high school graduating class)	20–23	Hillwood Hillsboro
Liberal (some freshmen from lower half of high school graduating class)	18-21	East Literature Magnet John Overton Nashville Arts Magnet McGavock
Open (all high school graduates accepted, to limit of capacity)	17-20	Antioch Hunters Lane Glencliff Whites Creek Pearl Cohn Magnet Stratford Maplewood

Hat tip to Bernie for posting the chart to NashvillePTO Talk.

Tennessee for example

Today's educational must read is provided by William J. Bennett and Rod Paige. These are two men who know a thing or two about the subject of educating Americans.

They write:

We need to find better and more efficient ways to produce an educated population and close the achievement gaps in our education system. Americans do ultimately get themselves educated -- at work, after school, online, in adulthood -- but a lot of time and money are wasted in the process.
(snip)

The education "establishment" has wrongly insisted that more money (or more teachers, more computers, more everything) would yield better schools and smarter kids; that financial inputs would lead to cognitive outputs. This is not so.
(snip)

A new Fordham Foundation report shows that most states have deployed mediocre standards, and there's increasing evidence that some are playing games with their tests and accountability systems.

Take Tennessee, for example. It reports to its residents that a whopping 87 percent of its fourth-graders are "proficient" in reading. Yet the National Assessment of Educational Progress reports that the number is more like 27 percent.
(snip)

The remedy? As both of us have long argued, Washington should set sound national academic standards and administer a high-quality national test. Publicize everybody's results, right down to the school level. Then Washington should butt out.

I know that no measuring stick is perfect and that you've got to find the right one for the job. I also believe you shouldn't be allowed to recalibrate it at will when you realize that you're unable to measure up. It's at times like this when it seems reasonable to have a higher authority be the keepers of the ruler. Frankly, I would prefer a Tennessee legislature and local school boards that have backbone enough to tell the professional educators that what they're doing isn't good enough and we're going to try some real freedom and competition instead. If they do a good job they can keep their jobs. Otherwise, they better make way for merit pay, bonuses, firings, charters and online schools of all sorts and some real sunshine into what's been going on.

Officially English III

CM Eric Crafton amended his bill on Tuesday evening. Here's the newest version with the original following. Changes are highlighted in red.

SUBSTITUTE ORDINANCE NO. BL2006-1185

An Ordinance amending Chapter 1.04 of the Metropolitan Code of Laws declaring English to be the official language of the Metropolitan Government, and to require that all government communications, publications and telephone answering systems be in English with certain exceptions.

WHEREAS, Tennessee Code Annotated § 4-1-404 establishes English as the official language of the State of Tennessee, and requires all communications and publications produced by governmental entities to be in English; and

WHEREAS, the Council now desires to designate English as the official language of the Metropolitan Government for purposes of government publications and communications.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. Chapter 1.04 of the Metropolitan Code of Laws is hereby amended by adding the following new section 1.04.070:

"1.04.070. English the official language of the metropolitan government.

A. English is hereby established as the official language of the metropolitan government.
B. Except when required by federal law or when necessary to protect or promote public health, safety or welfare, all communications, publications, and telephone answering systems of metropolitan government boards, commissions, departments and agencies shall be in English."

Section 2. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Eric Crafton

and the original:

ORDINANCE NO. BL2006-1185

An Ordinance amending Chapter 1.04 of the Metropolitan Code of Laws declaring English to be the official language of the Metropolitan Government, and to require that all government communications, publications and telephone answering systems be in English only.

WHEREAS, Tennessee Code Annotated § 4-1-104 [should be 4-1-404] establishes English as the official language of the State of Tennessee, and requires all communications and publications produced by governmental entities to be in English; and

WHEREAS, the Council now desires to designate English as the official language of the Metropolitan Government for purposes of government publications and communications.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. Chapter 1.04 of the Metropolitan Code of Laws is hereby amended by adding the following new section 1.04.070:

"1.04.070. English the official language of the metropolitan government.

A. English is hereby established as the official language of the metropolitan government.
B. [Substitute bill adds wording here] All communications, publications, and telephone answering systems of metropolitan government boards, commissions, departments and agencies shall be in English only."

Section 2. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Eric Crafton, Michael Craddock

I watched this portion of the Metro Council meeting via streaming video online. CM Jameson's questions carry little weight with me. His first point seemed to be that unless you're part of a certain group you have no right to participate in the process. He used this same premise during my school board appointment and race and it's one that still shouldn't be entertained. CM Crafton was elected by citizens in his district not just immigrant citizens. He has no obligation to have or produce an immigrant before this bill has legitimate foundation.

I do think the additional wording of "or when necessary to protect or promote public health, safety or welfare," doesn't really jibe with "with certain exceptions". Not much 'certain' in that added line. I think this wording is going to be very broadly interpreted. I would have stopped at "except when required by state or federal law" or perhaps added that if a Metro agency makes information available in another language it's as convenience and should not be considered 'official'. Would that satisfy CM Cole's concerns about the 1st (freedom of speech) and 14th (due process) Amendments? Because we tend to mentally glaze over mentions of those amendments I'll include snips as refreshers.

Amendment I.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

I'm assuming that Section I of that 14th Amendment is CM Cole's concern:

Amendment 14, Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

I also think that something A.C. Kleinheider wrote is a very good point and one that should be considered as we hear the protestations from those who object to this bill.

Indeed. Always remember these voices you hear, these activists, these advocates, these community leaders are often grifters and exploiters. Their very position in society is inextricably linked with the oppression and alienation of their people. It is in their interest to keep their people unassimilated and streaming into our society in record numbers in order to increase their power base.

Always remember this when you hear the arguments made against this bill.

I wouldn't go so far as to call these people grifters but we do need to remember that many (not all) of these people make their living 'advocating' for these people. I've seen, lived with and had to work around several advocacy groups that exist to 'help'. Usually they're much more of a hindrance to freedom and real progress. Their efforts usually enable a dependency that ensures the group's continued existence and power. They may have started out with the best of intentions but it's an unusual organization that doesn't eventually make mission one protecting its own existence. And always remember that loudness doesn't necessarily equal legitimate authority. That comes from voters. Councilmen would be well advised to listen to voters.

We've definitely got some time to discuss the matter as it doesn't come up for public hearing until the 2nd meeting in October. Let's hope the conversation rises above 'mean and divisive' cause if that's all they've got--name calling is not nearly enough.

Officially English II

The Tennessean tells us the council is split on how to vote for Eric Crafton's bill on making English the official Metro Nashville language for business.

According to the Tennessean poll it's readership isn't split at all. Here's what it looked liked this morning at 6:59 a.m. , Tuesday 9/19/06 the morning of the first scheduled vote.

Should Metro make English its official language? 89.2% Yes 10.8% No Total Votes: 4947

And, as I mentioned yesterday, Crafton understands that in order to properly serve the greater good of Nashville some of our employees will still be translating and he clarifies:

Crafton said he would exempt from the English-only requirement "anything that would be considered a safety issue or a health issue" within the government, while "routine business" such as applying for a building permit or applying for water service should be done in English only.

I'll clarify. It is not xenophobia that causes me to encourage this legislation. It's knowing that the greatest freedom and safety for this immigrant population will only come when they are conversant in English. To continue to enable their dependence upon translation is an unnecessary burden on their host communities and will result in their being unable to advocate for themselves--and that's the real danger they (we) need to examine closely.

Yes, it's a hard thing to come to a new place and have to learn a new language, granted. But, as I understand it, life where many of these folks came from is no picnic either. But they've made it this far. They can learn English and throw the door open for real opportunity and success here.

Officially English

There's a lot of rhetoric about Metro Nashville Councilman Eric Crafton's bill making English the official language of Metro Government. A lot of rhetoric and not once have I seen anyone print a copy of the legislation so we know exactly what we're talking about. One of my first rules is to go to the source not some warmed over biased treatment. Well here is the bill. Tuesday evening it will have its first of three required readings. Note that the TCA quoted should be 4-1-404 not 104:

ORDINANCE NO. BL2006-1185

An Ordinance amending Chapter 1.04 of the Metropolitan Code of Laws declaring English to be the official language of the Metropolitan Government, and to require that all government communications, publications and telephone answering systems be in English only.

WHEREAS, Tennessee Code Annotated § 4-1-104 [should be 4-1-404] establishes English as the official language of the State of Tennessee, and requires all communications and publications produced by governmental entities to be in English; and

WHEREAS, the Council now desires to designate English as the official language of the Metropolitan Government for purposes of government publications and communications.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. Chapter 1.04 of the Metropolitan Code of Laws is hereby amended by adding the following new section 1.04.070:

"1.04.070. English the official language of the metropolitan government.

A. English is hereby established as the official language of the metropolitan government.
B. All communications, publications, and telephone answering systems of metropolitan government boards, commissions, departments and agencies shall be in English only."

Section 2. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Eric Crafton, Michael Craddock

and here's the actual Tennessee Code, enacted in 1984, which is the precedent for this Metro bill:

4-1-404 English - Offical and legal language.

English is hereby established as the official and legal language of Tennessee. All communications and publications, including ballots, produced by governmental entities in Tennessee shall be in English, and instruction in the public schools and colleges of Tennessee shall be conducted in English unless the nature of the course would require otherwise.

Further the United States Citizenship and Immigration Services "Guide to Naturalization" states on page 26 (page 30 of this pdf):

According to the law, applicants must demonstrate "an understanding of the English language, including an ability to read, write and speak...simple words and phrases...in ordinary usage in the English language"

I understand that there is tension between our society's heart to extend hospitality and essential services in emergency situations and the practicals of how much and at what cost? The more we try and accommodate various languages the more expensive our government gets and the less new immigrants will assimilate. And certainly any lawyer can tell you that a poor translation can have legal consequences over and above any mishandling of the task. We can go back to the Treaty of Tripoli for an example of a bad translation that is still being thrown at us 209 years later.

I believe that what may actually be at the heart of CM Crafton's attempt to bring Metro Nashville in line with the state code is encouraging foreign born residents to learn English for their own greater well being. CM Crafton cites his own wife's experience. My experience comes from helping two Ukrainian immigrants. Surely many of us remember the foreign born mother in an outlying county who was charged with being unable to properly care for her children because she lacked good English skills. If what we lack is English language classess--we're a caring enough community to provide those. That would enable these new residents so much more freedom than the soft but still crippling shackles of letting them remain ignorant of how to really interact in this society. If they remain dependent upon translators they will be taken advantage of and that's an injustice that we should not encourage.

One of the very foundational things that unites any country is language. The ability of language to unify a people goes all the way back to the Tower of Babel. No one is suggesting that anyone give up their heritage. No one is suggesting that emergency workers can only speak to their charges in English. I believe what is being said is we've got to set boundaries for the greater good. The State of Tennessee already has this boundary. Metro should follow suit.