By ALEX GIMARC
There are many solutions to the disastrous performance of Alaska public education. Most of them involve moving control of the money spent per student as close to the student as possible. On the other hand, the political left and their cheerleaders generally try to move control of that money as far from the student as possible, insulating the public schools from oversight and accountability.
Maybe we are fighting the wrong fight.
One of the strengths of President Trump is the ability to shake the box on an intractable problem, allowing solutions after the dust settles. His suggestion to move all the brainwashed Gazans out of Gaza into neighboring Jordan or Egypt is one such example.
How do we shake the box with public education here in Alaska? One solution would be vouchers, paid directly into the hands of parents.
The problem with this is that the Alaska Constitution does not allow that. Specific language from Article 7, Section 1 follows with the relevant sentence highlighted:
The legislature shall by general law establish and maintain a system of public schools open to all children of the State, and may provide for other public educational institutions. Schools and institutions so established shall be free from sectarian control.
No money shall be paid from public funds for the direct benefit of any religious or other private educational institution.
That seems pretty straightforward. A constitutional amendment would work. Such an amendment is impossible under the current state of affairs in the legislature where Republican majorities end up losing a few members who caucus with democrats, handing control of one or both houses to democrats. Expecting democrats to pass something the Alaska Education unions (NEA Alaska) opposes is a fool’s errand.
Given that, what other options do we have?
As it turns out, the Supreme Court of the United States (SCOTUS) in its Jun 30, 2020 Espinoza v Montana Department of Revenue opinion solved that problem for us.
In Espinoza, Montana set up a program that granted tax credits to those that donate to organizations that award scholarships for private school tuitions. The Montana Department of Revenue published a rule prohibiting families from using the scholarships for private religious schools, essentially the same provision in the Montana state constitution that Alaska has.
In their Espinoza opinion, SCOTUS found that:
The application of the no-aid provision discriminated against religious schools and the families whose children attend or hope to attend them in violation of the Free Exercise Clause of the Federal Constitution.
In other words, this provision in the Montana constitution was unconstitutional religious discrimination. So too is the similar provision in the Alaska constitution.
Haven been given this tool, how to use it?
This is where it gets tricky and will take some political fortitude. The legislature needs to pass legislation in support of vouchers for the public schools. The governor may be able to do the same thing administratively.
Expect that legislation, once signed to immediately be litigated. The Alaska courts will likely do their level best to kill it by finding it unconstitutional. When they do, take it into federal court. Cite the provision in the Alaska Constitution as unconstitutional religious discrimination and see what the judge says. Appeals are likely. Sooner or later, the federal courts or the SCOTUS itself will have to agree that SCOTUS actually meant what they said in Espinoza, and Alaska will have vouchers, moving control of public education money closer to the students than ever before.
The only drawback to this would be election of a Democrat governor who will reprise Gov. Tony Knowles in Katie John, dropping the case with prejudice.
Too convoluted? Perhaps. But it is another approach using a new tool, breaking the current impasse. The public discussion, as what we have been having for years, hasn’t been working, despite the great work by many on Our Side of the argument.
Alex Gimarc lives in Anchorage since retiring from the military in 1997. His interests include science and technology, environment, energy, economics, military affairs, fishing and disabilities policies. His weekly column “Interesting Items” is a summary of news stories with substantive Alaska-themed topics. He was a small business owner and Information Technology professional.
Won’t look so terribly bad once the State education is broke. Of course, by that moment in time, ALL available funds will have been spent on continuing the record of being 49th or 50th at the bottom of student achievement in the Nation.
Be patient Skippy,the chickens will soon be home!
Cheers-Al Johnson-Ketchikan
Or some brave soul with funding available can sue the state like Espinoza did.
Here’s the problem:
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Today’s brainwashed, indoctrinated, undisciplined children from the public schools are being taught and led by their brainwashed, indoctrinated, undisciplined teachers, principles, administrators, and school board members from yesterday’s public schools. The cycle will only be broken by a
strong president and leader.
Donald J. Trump.
And he means business.
Our public education system is failing due to the amount of behavior issues teachers are having to deal with daily.
I work in the public education system and it’s astonishing the amount of time, resources and money that is being spent to manage disruptive students. The upsetting part of this is parents blame teachers for low performance when in reality it’s students poor behavior that’s taking away from the learning and progress of other students.
The behavior problems with students today can be laid at the doorstep of parents, who they themselves, are a product of the very same public education system that their children are currently being indoctrinated into. It would be funny if it wasn’t so tragic!
Great piece. Many of us would be happy to increase K-12 funding if parents have control, but against another cent if it keeps the unions in control.
Nice work, Alex.
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If the state’s constitution is unconstitutional on this subject, if timely recourse is the goal, maybe best recourse is a civil-rights appeal to the DOJ, specifically: Leo Terrell, Senior Counsel to AAG for Civil Rights, Civil Rights Division, U.S. Department of Justice, 950 Pennsylvania Avenue, N.W., Office of the Assistant Attorney General, Main, Washington, D.C. 20530 (courtesy copies to Senator Sullivan and Representative Begich).
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Challenge at state level is finding the muscle of a Trump Organization to shake the box, so why not appeal to the feds, why not offer Alaska as the reason certain state education systems should be maintained under federal supervision, at least until responsible adults assume control at state level.
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We don’t have those adults right now. What we have is a box pretty well cinched down by a legislature outnumbered 7 to 1 by registered special interests, a corrupted grand-jury system, a FUBAR’d election system, and an entire education industry determined to keep things just the way they are.
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Challenge is how to pry their sticky fingers off the box so we can get close enough to shake the damned thing.
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Maybe President Trump’s pick for Secretary of Education would help, if asked nicely?
The governor with advice from the AG should do it by Executive Order‼️?
…and let the fight begin????‼️
Very smart and with a road map! The key point is legislative fortitude! Stop throwing $ at a failing system!
Good point! Out of the box solutions are necessary. The Alaska Constitution, as is, accompanied by illogical interpretations, hog-ties any reasonable action. A constitutional amendment is a solid option to explore. Should Alaska maintain a perceived “right” to an education? Perhaps not. If not, what role, if any, should the state play in educating future generations? One thing is certain. What we have to work with now isn’t working.
Alex, you’ve been listening to Jodi Taylor too much. Your writing is generally very good and I completely agree that funding should be in the hands of parents. Jodi (and Treg) desperately want someone else to step before the firing squad on this one. If only Treg would just be a man and take this on front and center instead of abusing charter schools (Family Partnership, which they helped ruin) hoping someone else will take on this multi-million dollar litigation. This is a hopeless cause until elected officials stick with their party affiliation rather than being Democrat traitors. Don’t ever vote any of those traitors into office again! Maybe then they could pass some sensible legislation or appropriately amend the state constitution?
Never crossed paths with Jodi. Perhaps I should. Thanks for the pointer. Cheers –
The behavior problems with students today can be laid at the doorstep of parents, who they themselves, are a product of the very same public education system that their children are currently being indoctrinated into. It would be funny if it wasn’t so tragic!
“No money shall be paid from public funds for the direct benefit of any religious or other private educational institution.”
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Easy way around that.
Get the public schools competing against each other. Quick check on line tells me that Northern Lights abc K-8 school ranks higher than Clark Middle School. Give the parents the vouchers, let them choose which school they want to send their children to. First come, first enrolled.
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The school’s administration, wanting to increase their budget, will hire on the best teachers, they will have the most successful classes, etc… It will become a competition for school dollars.
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And, the vouchers cannot be used at private or religious schools. Keep it in line with the Constitution.
The author does absolutely nothing to further his legitimate argument for the implementation of school vouchers by comparing them to a proposed ethnic cleansing in Gaza.
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