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
Here’s the problem:
.
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.
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.