Saturday, September 8, 2012

September 8, 2012 Newsletter - SCHOOLS/EDUCATION

SCHOOLS/EDUCATION
September 8, 2012

Legislators and friends,

Let’s all take a deep breath, maybe a Tums, Rolaids or whatever you take when your stomach gets upset. This might be a little extreme right now but the medicine is going to have to be taken. This issue isn’t that hard, it simply is the act of taking the numbers and the facts and realizing that NEA, KNEA has controlled this topic entirely too long and we have to get the truth out to our constituents without making this a mind-boggling process. I’m going to take a shot at that here and now and give you more ideas on how to reshape the education system in Kansas to get back to a point where it educates children and is cost effective.
Let’s understand where the argument stands first. “Taxpayer”, you have to pay us more every year and you have to fund all of our “wants” or the administration is going to cut teachers from your student or students and this is going to result in a poor education or educational experience for your child. We are going to use your tax dollars to fund lobbyist on our behalf, and we are going to pay lawyers to sue the taxpayers for even more money. This point may be a little too simple but I had to inject a little sarcasm to go along with it.
This group, this entity, is not going to hold your kids for ransom, or use extortion techniques against the people “ANY MORE”! We are way past being sympathetic here, so reason and facts are going to have to rule the day. An example of how KNEA functions as a special interest group is its public titled “Behind Every Great Student is a Great Public School Teacher.” But what about the great Kansas students who go to private or church schools, or who are homeschooled? The answer is that KNEA cares nothing about these students, as they are taught by teachers who aren’t union members.

So luckily for me – math is a strong suit (back when they taught it). So as we dive into this issue with the numbers and I have tried to simplify them, we need to understand where this money is going (from what we can ascertain) and where it continues to go (from what we can ascertain).

The School System

Public education is maligning everything we stand for as citizens and our fundamental rights as citizens. It has no accountability, no independent oversight and continues to ask for money and request for more expenditure while student graduation and testing scores continue to drop. If I said we have a “LIBERAL” system that is the understatement of the century. We continue to throw money at a system that simply has NO structure or accountability to the taxpayers or to the State. It is important to the citizens of Kansas that this branch can be taken back to a time when its primary job was that of "teaching and educating students" because the reality is they aren’t managing doing that very well.
More than 1.2 million students drop out of school every year in the U.S. American children rank 31st in math among 65 industrialized countries. Sixty-eight percent of eighth graders can't read at grade level, and most may never catch up.

Economic success begins in the classroom—which does not bode well for the future of the U.S. economy. American high school students rank 25th in math and 21st in science, compared with high school equivalent students in 30 industrialized countries. The Broad Foundation estimates $192 billion in lost income and taxes due to high school dropouts each year.
Many American critics believe that the major problem with public education today is a lack of focus on results. Students aren’t expected to meet high standards, the argument goes on and on, and the process of education takes precedence over analyzing education results in policy-making circles.
This is a valid argument (as far as it goes). Indeed, it can be taken one important step further. We not only fail to hold individual students accountable for poor performance, we have also failed to hold the entire government-controlled school system accountable for its performance since at least World War II. Public education is itself a failure. Why shouldn’t individual students follow its example?

The history of reform efforts in American public education is replete with half-hearted measures, with almost comical misdiagnoses of education problems, with blame-shifting, and with humbug. Everyone is an expert (most have, of course, suffered through the very system they want to reform). At any one time during the course of school reform, an illusion of debate often obscures a surprising consensus on the new “magic bullet” of the decade—be it school centralization or progressive education or preschool education or computerizing the classroom—that will solve America’s education problems. These magic bullets are always missing the target. But instead of changing their weapon, policy-makers simply put another round in the chamber, foolishly believing that the newest fad will succeed despite the failures of its predecessors.
Some critics believe that public education reforms fail because they are compromised or sabotaged by the education lobbies—teacher associations, administrators, and their legislators.  There is certainly some truth to that explanation, as we shall see. Most reform ideas are either irrelevant or destructive of education. They would fail whether organized political interests opposed them or not.

Many conservatives believe that American public education is in poor shape today because of cultural and social trends, most beginning in the 1960s, which destroyed classroom discipline, the moral basis for education, and a national consensus on what students should learn. Again, there is some truth in this proposition, but ultimately it fails to explain why American students do not possess the communication and computational skills they need today to succeed in college or in the working world.

Many free-market thinkers believe that applying market competition to the public schools will solve many of America’s educational problems. I’m sympathetic to this argument, but I believe it would inhibit school success. When government policy continues to impose rigid personnel rules, bureaucracy, regulations, and a mandate to use education to engineer social or political outcomes, a school cannot successfully impart the needed skills, knowledge, and perspective to its students—whether these students choose to be there or not.
The rhetoric of school reform needs to ignore the role of individual decisions (by teachers, by students, by parents, by business owners) in determining educational outcomes. You can lead a horse to water, the old adage goes, but you can’t make him drink. It’s a folksy way of imparting an important individualist truth. Providing students opportunities at school does not guarantee success if students watch television rather than do their homework—and parents let them. By assuming that any set of reform ideas can magically create a well-educated citizenry, we oversell the role of policy-making. Education requires initiative, a trait notoriously difficult to create or impose.

Cost

Here are the facts according to official government data for the period 2001 to 2011:

—Inflation was 24.2% (Bureau of Labor Statistics, Midwest Urban Cities)
—FTE enrollment increased 1.8% (KSDE)
—Taxpayer support of public education increased 55.8%; state aid +37.6%, federal +155.4% and local +67%. (KSDE)
—2012 is expected to be a record-setting year for taxpayer support of public education, at $5.672 billion (KSDE)
Clearly these statistics reflect a substantial increase in spending for education from 2001 to 2011.
Here are a few more facts that, like those listed above, are not generally known to the public and are routinely denied by education officials.
—$402 million more in state and local aid was not spent between 2005 and 2011 but was used to increase operating cash reserves (KSDE)
—Instruction spending per-pupil increased 84% between 1999 and 2011 (KSDE) while inflation was up only 32% (BLS)
—Taxpayer support of public education in Kansas increased from $3.1 billion in 1998 to $5.6 billion in 2011 (KSDE) yet student proficiency levels is well below 50% (US Dept. of Ed.)

This year's estimated total per-student cost is $12,225, which is about 26 percent above what schools had to spend in 2005, according to the Kansas State Department of Education. Now Linda Jones, chief financial officer at the Wichita school district 259 is going to take issue with these numbers because “it includes money restricted to building maintenance and construction, which isn't available to schools to educate students”, well the last time I checked as a business owner and after managing million dollar companies – all cost associated with the company were calculated even if it wasn’t “related to the task” but it’s still part of the company cost! Her problem with this analogy is that she wants to independently choose the cost she wants to show. Maybe the utilities should be dismissed? The links below are the data to back this up.
http://www.kansas.com/2010/04/25/1285662/how-much-does-it-cost-to-educate.html
http://www.kansasopengov.org/SchoolDistricts/SpendingPerPupil/tabid/1271/Default.aspx


A simple formula to put this in perspective for all voters: 20 students = $244,500 for 1 classroom. Now before I even go any farther please review the information above, the school systems have this student/pupil rate down around 13-15 students per teacher in Kansas, which is ridiculous. Back to the numbers, if $244,500 is spent per room - less the teachers wage, we have around $200K to ask – where $#%* is that going since it’s not in the classroom?? Now we have struck a nerve! 

Taxpayers do not know how their tax money is being spent (sports, utilities, etc.). This is especially true in education, which represents a huge investment by the taxpayers of Kansas. How much is being spent at the school district level is a matter of public record. However, what is not known is how much is being spent precisely at each school, and individual schools have substantial budgets. How much ends up in the classroom? How much goes to fund lobbying for more money by the school administration, to fund activities and to programs that are more properly described as something other than education? Like suing the taxpayer for more money when they can’t be responsible for what they already have.
There has to be a full accounting of the money!!

The Kansas teachers union and its stable of education candidates have also been successful in shielding teachers from meaningful evaluation and accountability for on-the-job performance. We need criteria for implementing an evaluation system that includes student achievement as a significant factor in the evaluation. The legislature needs to take this role to identify the most effective means of tying student achievement to teacher and leader evaluations and building that into the existing Kansas Educator Evaluation Protocol (KEEP).

Nationally there are now 32 school voucher programs in 16 states and Washington, DC, serving at least 210,000 students. Despite their limited reach vouchers are quite controversial. Parents with vouchers use them to enter private education, and so the detractors argue that they drain finances from public schools and “privatize” education. Another concern is that vouchers can be used at religious schools and therefore could erode the balance between church and state. However, as vouchers often pay less than the cost of educating a single pupil in public schools, they offer a way for a state to make savings in education spending, while increasing choice for parents.

Number of High Schools in Kansas:
http://high-schools.com/kansas.html
Schools and the # of kids:
http://kansas.educationbug.org/public-schools/
Schools and Districts:
http://teaching.about.com/od/ProfilesInEducation/a/Kansas-Education.htm
Top retiree’s in Kansas payouts:
http://www.kansasopengov.org/Retiree/RetiredDatabase/tabid/1569Default.aspx
Administrative Realignment

Telling parents the inconvenient truth is not attacking schools, teachers or anyone else. It is giving them the facts they need to make fully informed decisions about what needs to be done to improve public education. Let’s put as many ideas forward and implement them in a resourceful and meaningful manner to produce the education system we all want for our kids.

No one wants to consolidate school systems, but why have 316 school districts with 316 Superintendents, 316 Administrative offices, etc. Clearly many Counties could allow for (1) Superintendent with Representation from each school district to sit on the board. Wichita is the largest school District in the State with 49,600 students with (1) Superintendent (Administrative Realignment). This can and should be expanded on with other areas, as the school system has made it their job to make full time positions out of every position (Athletic Directors, Food Directors, Transportation Directors, etc.). We have 105 counties and the smaller counties outside of Johnson and Sedgwick could easily make this happen, as well as Johnson and Sedgwick could also consolidate suburban school administrations. We don’t need to pay $100k plus for a school district Superintendent with 2,500 students or even for those up to the aforementioned 50,000 students!

Suggestions:

Move toward removing the State BOE. I realize this too is a constitutional matter to change but this entity is simply inept. The school districts have the representation of legislators the same as the public.
The school districts have not been redrawn or moved in over 50 years, this single item has led to school districts running into different city limits and making wasteful use of tax payer dollars to bus students that would no longer even be bused to closer schools.

Hire an Independent company to evaluate each school district in the State and review its efficiency and cost per student. By learning the “true” cost associated with education and its expenditures we will never “really” know how to fix the problem. Schools are administration heavy, with an emphasis on classroom size rather than quality of education. These reports should be used by the legislature and Governor to ascertain better solutions to a growing problem of “out of control spending” and better review how certain school districts are not cost effective.

Serious consideration needs to be applied to a “voucher system” for the citizens of this state. Kansan’s deserve more choices and their kids deserve an education worthy of competition.
Any type of formula that allows other formulas to add to the states cost. School Districts continue to have bonds and expect the state to cover the bonds without a single legislator vote or the cost or impact to our budget. Lobbyist groups continually insist on tax increases and demand more funding without any accountability for public education – PERIOD!

Focus needs to be on “Special programs”, Special schools, and the needs for busing. Schools are not being responsible for this cost and providing them as a “want” not a need. Any advanced courses or college classes in high school should clearly have more students due to the very nature of the course in preparing them accordingly. Wichita’s USD 259 has “open borders” to their magnet Middle Schools (this transportation cost is over the top), rather than have a Magnet Middle school in each sector of Wichita (using Kellogg and I135) to divide the city, the district could easily place a single Magnet Middle School – centered in each of the 4 quadrants and anyone wanting to attend another Magnet school outside of their quadrant would pay for transportation or drive them to school – saving the district MILLIONS of dollars a year. This is but one thing that doesn’t cut teachers, or impact classrooms.

School years can be shortened to eliminate enormous amounts of cost in August and May due to the Heat. The use of “inservice days” and longer holidays is obscene.
Collective Bargaining for Public Employees needs to end.
Privatizing KPRS.
Bond and Interest formulas have to be reformed so that our legislators have to review before any of these are acted on let alone enacted.

End the Kansas Board of Regents ability to continue to increase tuition rates yearly and at ridiculous rates.
The US educational system is failing, because of over-regulation, unions, uninspired teachers, antiquated reward systems, etc. American students do not possess the communication and computational skills they need today to succeed in college or in the working world. I cannot explain the K-12 system failures in full here. There are those that believe that it’s because the schools need still more money. This is a view promulgated mainly by self-serving educators. Fact is, study after study has found that increasing school spending has done nothing to improve student achievement.

Next week I will put together the Strengthen Marriage issues! If for some reason you need to find out more on certain subjects please don’t hesitate to call or email me or visit our blog at http://kansasjudicialsystem-casemanagers.blogspot.com/

Chris Brown
Email 
316-644-8075

Saturday, September 1, 2012

News Letter 9-1-2012: Legislators and Friends, Kansas Judicial Reform (Senate and House)

September 1, 2012 
Legislators and friends, 

The 2013 session is just around the corner and there is plenty to discuss and even more to concern yourself with at this important time in our State’s history. If we are to make significant, positive changes to our communities and State, it will take strong leadership to change the current path so that we learn from our mistakes. Many of the mistakes we are making, we are making in procedural processes and in uninformed choices. We must end this to create a sustainable future for generations to come. 

Many of you have come out to serve on a few particular issues. Some may feel compelled to run or to serve our State, or our communities but the biggest reason has to be to move this State forward in a direction that is going to help our children succeed, allow the tax payers of this state to not be over burdened with tax bills that make them a slave to the government, and we want our business environment to thrive. 

But, there are two significant and polarizing issues that must be dealt with in Kansas to place it in the right direction. Many of you know that the tax reform legislation and budget issues are a priority but the two issues left to deal with (must be) addressed. School financing and Judicial reform, these two issue are independent but have also become joined as you have witnessed over the past few years and are becoming more “hand in hand”. It is my attempt to lay out the facts and provide you solutions as well as ideas on how to move forward on these issues. 

The issue I’m going to address this week is Judicial Reform. Judicial Reform is much easier now that the Senate and State legislatures has been reshaped. Without Tim Owens, John Vratil and Steve Morris blocking legislation, this moving target can now be hit! I’m using a map to illustrate the US Congressional districts and the significance of the bias in our courts today. 

Congressional District Number of registered Attorneys per district: 
clip_image001
1st 1,041  Tim Huelskamp, 1st congressional district  
2nd 2,207  Lynn Jenkins, 2nd congressional district  
3rd 4,238   Kevin Yoder, 3rd congressional district  
4th 1,791   Mike Pompeo, 4th congressional district 
Total 9,277 

To put this in perspective - 16 of the 20 judges come from Topeka, Kansas City and Olathe. 
There is not 1 attorney in District #1 on the bench which means "The Big First," the district that encompasses 69 counties in western and central Kansas (more than half of the state), making it the 11th largest congressional district in the nation doesn't have a single representational member on the state courts. In district #4 which encompasses 11 counties including the largest city - Wichita, and Sedgwick County is the 2nd largest county in the State only has 2 in that region. 

So the question then becomes how are the voters to be aware of the Judges in Topeka, when the majority of the state has no one there? There are plenty of cases coming from all areas of the state to be heard before the State court. It doesn’t take a constitutional amendment to create districts for both the Supreme Court and the Appellate Courts. This would be more viable to allow the selection process to come from those regions when vacancies came up. This also breaks up the Monopoly of Topeka and Washburn playing such a huge role in our courts selections. It certainly would give the voters in those regions of the state a chance to see and know what cases their judges were ruling on and how they ruled on that legislation or law. We need to balance the talent pool throughout the state.  

Changing the selection process of our State Judges? Senate Judiciary Chair Tim Owens said, he purposefully did not give the original bill a hearing because he feels strongly it’s an awful idea. The chairman also said, "I think this is the first time I did not hear a bill because I thought it was so bad. This is a terrible, terrible bill that’s hated by the courts; it’s an attempt to take over control of the courts."
http://www.kansasreporter.org/72446.aspx It doesn't matter whether the courts hate it or not, the legislature is the branch of government where all laws must originate, and this means “ALL” legislation or laws come through you, and you are to check and balance the other branches, even though your predecessors did not hold up to their end of that deal. We own this state – not 9,277 lawyers. This process is tainted and not in Kansas’s best interest! 

The lawyers should not have such extraordinary control over the selection of judges who will then rule on cases brought by the lawyers who gave them their jobs? No other state in the union allows the bar this kind of power over the selection of State Supreme Court justices. We hear a lot of talk today about the need for an "independent" judiciary. We need a State legislature bold enough to do what is needed and quit allowing the “special interest” of the Bar to stop this change. Put the Judicial back into their primary function INTERPRETING LAW! We need a state and legislative judiciary that is independent of the attorneys and their special interests, especially trial lawyers. 

Number of Kansas Bar member 9,277, Kansas population - 2,871,238, .0032% of the population in Kansas! 2012 Primaries – 3 attorneys left in the Senate Republican caucus. I challenge each and every “Conservative” to not allow a continuation of this process in the Senate. We have had Tim Owens and John Vratil and many other lawyers chairing the Senate Judiciary for entirely too long. There is no shortage of lawyers to confer with or advise for anyone sitting in that Judiciary Chair. 

Rep. Lance Kinzer has drafted HB 2101 last year, and Susan Waggle drafted SCR 1606 in 2006. These bills need to be debated and every possible dispute dealt with. These are starting points and I believe Rep. Kinzer (an attorney) has clearly proven him-self worthy, and unbiased to the challenge. Besides the selection process of our judges, the Supreme Court has become inept and over reaching in its capacity to function. Some of the mistakes have been made through Congress trying to give away its power. 

A quick review of our Constitution and its language. http://www.kslib.info/government-information/kansas-information/kansas-constitution.html 

Article Two: Legislative
1: Legislative power. The legislative power of this state shall be vested in a House of Representatives and senate.

Kansas Bill of Rights
1. Equal rights. All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.
2. Political power; privileges. All political power is inherent in the people, and all free governments are founded on their authority, and are instituted for their equal protection and benefit. No special privileges or immunities shall ever be granted by the legislature, which may not be altered, revoked or repealed by the same body; and this power shall be exercised by no other tribunal or agency.
 As it stands the legislature has turned over some of its duties to the Judiciary already. The Judiciary is writing Child Support guidelines and those guidelines are not being brought back to the legislature to vote on, amend or have a debate or public vetting of this process. Mind you these are only to be guidelines but I think the fact that every lawyer that argues in the State and every Judge that places parents in jail are using this formula and statute illegally.http://www.kslegislature.org/li/b2011_12/statute/020_000_0000_chapter/020_001_0000_article/020_001_0065_section/020_001_0065_k/ .

The courts are also using their ability to use “guidelines” as means of writing law. This power is reserved only for the legislature. The courts have now been given legislative ‘immunity” and the courts have issued Rule 608 stating this “immunity”. Remember the #2 Kansas Bill of Rights? So this leaves the citizens of this state with no way of redress with the courts! This is painfully clear to the judges who are now serving this state. This has to be repealed and the judges must be listed to be recalled as well as is all state elected officials in every capacity, judges are no different. http://www.kscourts.org/rules/Rule-Info.asp?r1=Rules+Relating+to+Judicial+Conduct&r2=339 

Judicial Guidelines is a process that should be used to help prevent abuses by the lower courts, by clearing up any misinterpretation the lower courts may be using incorrectly. This process should help unclog the system and protect the citizens from activist judges. Yet the Kansas Supreme Court does not use the Judicial Guideline process in this manner. 

Case and Point 
https://docs.google.com/folder/d/0B8YFpjnLmmzzbTBFSUNUczFfRVE/edit?docId=0B8YFpjnLmmzzeTZFVUdVczBiOGM 

  1. https://docs.google.com/file/d/0B8YFpjnLmmzzbmJROEsxc3MxZE0/edit
  2. https://docs.google.com/file/d/0B8YFpjnLmmzzTlV3LTVXWTZOdTA/edit
  3. https://docs.google.com/file/d/0B8YFpjnLmmzzdmVwckE2anN4T1k/edit

All (3) cases the Judges abused their powers. (2) of the cases are “Case Management” cases and both are dealing with Due Process violations (THE SIMPLEST FORM OF OUR RIGHTS) and multiple over reaches of the “Case Manager’s” as well as other simple issues that most people take for granted yet the Judges failed in their delivery of the laws. The courts have stayed mute and rather than send out an Administrative Order or Guideline to clear these issues up for the lower courts and protect the citizens it would rather the system continue to create these problems. This is why Governor Bush vetoed this kind of legislation. However in a rather odd way on August 28, 2012 the courts issued an Administrative order all but repeating the changes in the new statutes for Case Management during the 2012 session http://www.kscourts.org/kansas-courts/supreme-court/administrative-orders/Admin-order-266.pdf .

Why not issue one for every law change in the State? Hard to justify or reason with this when you know there was a total disregard from the lower courts to fairly and justly provide their services on the above cases. There is no leadership in the Judicial Branch, at least nothing to the extent of correcting or preventing future mistakes of the courts. If the courts cannot issue these “Guidelines” or administrative orders in an appropriate manner worthy of discussion, then the legislature must make changes to the services and bring it in a professional manner that helps the process. 

Other issues that have to be addressed is coming up with a totally NEUTRAL Judicial Review Process, having Congress set up hearings for the Judge’s that simply ignore the laws and place citizens in harm’s way. Accountability in the branches is a must. 
The simplest way to review the legislation you are going to be asked to vote on is ask one question – Does it affect or interject the state or other agencies into our daily life? If it does you better think twice about whether we even need this law or process, and lastly don’t take the Judiciary’s statements at face value, make them produce real facts and clear evidence of any arguments to their positions. Studies by lawyers and Judges don’t qualify as a study when the user is silenced. 

Last week someone stated to you to be “bold”, and I would add to that “to be a Kansan, a parent, and a citizen that wants REAL solutions and changes to help move this State forward”. Hopefully this information will help you in creating a debate forum against your opponent. And maybe this will lead you to investigate the matter more. Either way, we must shed a light on a very dark area of our society and information is the key to that success. 

Next week I will put together the School issues which I have already started, and this should be quite a doozy! If for some reason you need to find out more on certain subjects please don’t hesitate to call or email me or visit our blog at http://kansasjudicialsystem-casemanagers.blogspot.com/ 

Chris Brown 
Email
316-644-8075