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MICHIGAN EDUCATION DIGEST
March 23, 2004


Contents of this issue:
  • MEA loses lawsuit against think tank

  • State House passes intermediate district reform bill

  • Failing schools to receive federal funds

  • COMMENTARY: "No Child Left Behind" not an unfunded mandate

  • Fennville district to outsource substitute teachers

  • Urban districts see rise in test scores

  • Some districts favor city buses over school buses and save


MEA LOSES LAWSUIT AGAINST THINK TANK
LANSING, Mich. — The Michigan Court of Appeals last Friday threw out a lawsuit brought by the Michigan Education Association (MEA) against the Mackinac Center for Public Policy, a research institute that quoted the union's president in a fundraising letter.

A three-judge panel unanimously concluded that the Mackinac Center's letter fell "squarely within the protection of the First Amendment," that there was no evidence the letter attempted to mislead its readers into believing the MEA president endorsed the Center's overall mission. The court said a lower court erred by not throwing out the suit.

In Sept. 2001, MEA President Luigi Battaglieri convened a news conference and told reporters, ". . . quite frankly, I admire what they [the Mackinac Center] have done over the last couple of years entering into the field as they have and being pretty much the sole provider of research to the community, to the public, to our members, to legislators . . . ."

The Mackinac Center drew from that quote in a letter to its supporters and potential supporters, pointing out that even an individual who usually disagrees with the Center recognized its effectiveness.

MEA spokeswoman Margaret Trimer-Hartley said Friday that an appeal is unlikely, but union officials maintain the Center improperly used Battaglieri's name for commercial purposes. In legal proceedings, however, Battaglieri acknowledged that his union had used without permission the names of famous golfers "Woods," "Nicklaus," and "Palmer" to promote a union golf tournament fundraiser.

"This is a great victory for free speech," said Joseph Lehman, Mackinac Center executive vice president. "We hope the union will stop wasting teachers' dues on frivolous lawsuits that don't even make it to trial."

"Ironically," Lehman said, "the quote the MEA tried to suppress received vastly greater attention after the union's lawsuit brought nationwide publicity."

The Washington, D.C.-based Institute for Justice provided legal representation to the Mackinac Center for free. The Mackinac Center is the publisher of Michigan Education Digest.

SOURCES:
Opinion issued by State of Michigan Court of Appeals, March 18, 2004, a PDF file.
http://courtofappeals.mijud.net/documents/OPINIONS/FINAL/COA/ 20040318_C245862_57_245862.OPN.PDF

Mackinac Center for Public Policy, "Victory for Free Speech: Michigan Appeals Court Sides With Think Tank, Rejects Teachers' Union's Lawsuit," March 19, 2004
http://www.mackinac.org/6464

Detroit Free Press, "Court rejects suit about endorsing a rival," Mar. 22, 2004
http://www.freep.com/news/mich/mack22_20040322.htm

Detroit News, "MEA loses lawsuit," Mar. 19, 2004
http://www.detnews.com/2004/schools/0403/19/schools-97472.htm

Booth Newspapers, "Court upholds think tanks' right to quote teacher union head in fundraising letter," Mar. 20,2004
http://www.mlive.com/news/statewide/index.ssf?/base/news-4/ 1079734201239910.xml

Midland Daily News, "Mackinac Center wins, teacher union loses," Mar. 20, 2004 (free registration required)
http://www.ourmidland.com/site/ news.cfm?newsid=11151009&BRD=2289&PAG=461&dept_id=472542&rfi=6


STATE HOUSE PASSES INTERMEDIATE DISTRICT REFORM BILL
LANSING, Mich. — The state House last week overwhelmingly passed a bill that would allow residents to recall intermediate school district (ISD) board members for failing to meet expectations. The bill, introduced by Rep. Ruth Johnson, R-Holly, steps towards a remedy for several instances of financial mismanagement and abuse in intermediate districts, most notably the Oakland Intermediate School District.

In its original form, the bill would have required all ISD board members to be selected by general election rather than by local school board officials. However, opposition to that clause forced sponsors to alter the wording of the bill to allow ISDs to keep their current choice between general election and appointment. Rep. Ken Bradstreet, R-Gaylord, supported the original wording requiring election of all ISD officials and criticized those supporting the current system. "I don't think it's a case of overreacting," he told the Detroit News. "Never before have I seen a group so intent on preserving the status quo."

SOURCES:
Detroit News, "House OKs school reform bill," Mar. 19, 2004
http://www.detnews.com/2004/schools/0403/19/d07d-96779.htm

Mackinac Center for Public Policy, "Eliminate Intermediate School Districts," August 2003
http://www.mackinac.org/5678

Michigan Education Report, "What Are Intermediate School Districts?" Winter 2000
http://www.educationreport.org/2709

Michigan Education Report, "Group files complaints against districts," Spring 2000
http://www.educationreport.org/2882


FAILING SCHOOLS TO RECEIVE FEDERAL FUNDS
LANSING, Mich. — Millions of dollars in federal funds guaranteed to failing schools under the "No Child Left Behind" Act will be dispersed by the Michigan Department of Education to help overhaul the schools' plans for educating students.

Each of the 109 failing schools will receive $45,000 from the federal Department of Education to work on a restructuring plan that could range from staff reorganization to takeover by the state or by a private company. If test scores do not improve by next year, schools must implement the plan.

State Superintendent Tom Watkins said he might request additional time from the federal government for restructuring before requiring schools to undergo severe changes.

SOURCES:
Detroit News, "Federal money helps 109 failing Michigan schools," Mar. 19, 2004
http://www.detnews.com/2004/schools/0403/19/d01-96960.htm

Michigan Education Report, "President signs 'No Child Left Behind Act'," Winter 2002
http://www.mackinac.org/4082

Michigan Education Report, "No Child Left Behind law demands 'adequate yearly progress' and offers school choice options for parents," Fall 2002
http://www.mackinac.org/4846


COMMENTARY: "NO CHILD LEFT BEHIND" NOT AN UNFUNDED MANDATE
WASHINGTON, D.C. — A commentary printed last week in Education Week argues that the "No Child Left Behind" (NCLB) reform act is not an unfunded mandate as described by critics, but is actually just a reorganization of current levels of state and federal funding.

Authors Paul E. Peterson and Martin R. West, both of Harvard University, wrote that extra funding to implement NCLB reforms is unnecessary, as the reforms mandated by the law are relatively inexpensive. "The costs of setting standards, testing students, and releasing results to the general public are trivial, compared to the cost of public schooling more generally."

The authors point to a study by Harvard University economist Caroline Hoxby examining the cost of school accountability systems in 25 states. The study found that such systems cost anywhere from $2 to $34 per student, while the average total spent per pupil is nearly $10,000. "In short," wrote Peterson and West, "the true costs of the No Child Left Behind Act are no more than 0.2 percent of the total cost of public schooling. ... Far from being an unfunded mandate, the No Child Left Behind Act may be providing designer clothes at a bargain-basement price."

SOURCES:
Education Week, "The Contentious 'No Child' Law II: Money Has Not Been Left Behind," Mar. 17, 2004 (free registration required)
http://www.edweek.org/ew/ewstory.cfm?slug=27peterson.h23

Michigan Education Report, "President signs 'No Child Left Behind Act'," Winter 2002
http://www.mackinac.org/4082


FENNVILLE DISTRICT TO OUTSOURCE SUBSTITUTE TEACHERS
FENNVILLE, Mich. — In a move to cut costs, the Fennville School District is planning to privatize as many positions as possible, beginning with substitute teachers.

Beginning next school year, the district will contract with Kalamazoo-based Workforce Strategies, Inc. to provide substitute teachers and other necessary staff to replace the current in-house system. District officials say the switch will save the district modest amounts at first, but will reduce the amount spent hiring substitutes drastically in the future.

By contracting out the hiring of substitutes, the district will save on contacting and training substitutes, on retirement pay, background checks and health care. "We don't have an exact dollar figure on what we will save yet," district Financial Director Delores McMullin told the Holland Sentinel. "But it will definitely be worth doing."

SOURCES:
Holland Sentinel, "District to begin outsourcing subs," Mar. 22, 2004
http://hollandsentinel.com/stories/032204/loc_032204011.shtml

Michigan Privatization Report, "Substituting the Private for the Public," February 2000
http://www.mackinac.org/2727


URBAN DISTRICTS SEE RISE IN TEST SCORES
WASHINGTON, D.C. — A report released last weekend says several large, urban school districts made noticeable improvements in test scores over the past year, identifying several reform tactics that work to increase student performance in those settings.

The report by the Council of Great City Schools, which represents 60 large districts, says a sample group of students scored several percentage points higher in math and reading. The number of urban fourth-graders scoring at proficient levels on reading tests rose 4.9 percent in 2003 to 47.8 percent, while on math tests the number of proficient students rose 6.8 percent to 51 percent. Eighth-graders showed similar but smaller gains.

Some experts are reluctant, but willing to give credit to the "No Child Left Behind" Act of 2002. "It would be difficult to give sole credit to No Child Left Behind, but it deserves some credit," Michael Casserly of the Council told USA Today. But Michael Pons, spokesman for the National Education Association, was quick to deny such credit. He said the improvement "does not reflect an overnight change or something that's been done since a federal law was passed."

SOURCES:
USA Today, "Test scores in large urban school districts make big strides," Mar. 21, 2004
http://www.usatoday.com/news/education/2004-03-21-scores-usat_x.htm

Mackinac Center for Public Policy, "School Defies Its Demographics," Nov. 1, 2000
http://www.mackinac.org/pubs/mer/3131


SOME DISTRICTS FAVOR CITY BUSES OVER SCHOOL BUSES AND SAVE
DENVER, Colo. — The Denver Public Schools approved a plan last week to replace busing for older students with a contract with city buses rather than the traditional yellow school buses, saving money and offering more choices to students in schools. According to an analysis by the Denver school board, the move could save the district up to $750,000 annually. With the new system, schools will be able to offer classes through 4:15 p.m., offering more class choices to students and allowing some to begin their school day as late as 9 a.m.

The district joins other large districts in its decision, including San Diego, San Francisco and Dayton, Ohio. "The main thing this will do is provide us with a lot more flexibility," Denver superintendent Jerry Wartgow told the Rocky Mountain News.

SOURCES:
Rocky Mountain News, "School buses may be phased out," Mar. 18, 2004
http://www.rockymountainnews.com/drmn/education/article/ 0,1299,DRMN_957_2738764,00.html

Mackinac Center for Public Policy, "Contract Out School Services Before Laying Off Teachers," Nov. 20, 2003
http://www.mackinac.org/5948

Mackinac Center for Public Policy, "Habit 2: Take Advantage of Cost Savings Through Outsourcing Non-Instructional Services," Dec. 3, 2002
http://www.mackinac.org/4896


MICHIGAN EDUCATION DIGEST is a service of Michigan Education Report ( http://www.educationreport.org), a quarterly newspaper with a circulation of 130,000 published by the Mackinac Center for Public Policy ( http://www.mackinac.org), a private, nonprofit, nonpartisan research and educational institute.

Contact Managing Editor Neil Block at
med@educationreport.org.

To subscribe or unsubscribe, go to:
http://www.educationreport.org/pubs/mer/listserver.aspx.

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User Comments
Is it true that young ones today are losing interest on these subjects? Obviously, the White House is promoting programs that will help students on coping up with math and science subjects. But, The federal government thinks that the quality of math and science education can repair credit with the scientific community and improve US education with a few <a rev="vote for" title="U.S. Government Spends $250 Million on Science and Math" href="http://personalmoneystore.com/Payday-Loans/ ">payday loans</a> of sorts. In reality, it will take far longer to accomplish than they might think – US educators can't even get students to accept that "irregardless" isn't a word, and the difference between their, they're, and there – our students can't even learn their own language! It's a noble aim, to be sure, but throwing money at it may not work in the long run. >>
I am a teacher in the same county who is presently trying to quit the union. Like Caldwell, I strongly disagree with the MEA.

This article was timely.

Rob Olson
Pittsford Area Schools

>>
I agree this is a change worth making. I describe some of the uneven effects of the idea on my blog at http://rickolson.blogspot.com/2009/08/statewide-health-insurance-plan-for.html which you may also wish to read.

The devil will be in the details, so this is one we will need to monitor closely.

Rick Olson from Saline, former school Business Manager >>

Nowadays, saving money is very crucial and properly investing the money can keep you and your family away from the effect of the financial crisis. The sad news is that a lot of the options for short term funding have been drying up. Short term funding is a necessary thing to have around, and going through traditional channels such as banks isn't an option for a lot of people anymore – basically it's only open to Ken Lewis. Installment loans are an option, but some people, including senior citizens, have been thinking about raiding their retirement fund. Getting into your pension retirement plan or 401(k) funds is the last thing you want to do if you don't qualify for any withdrawals yet. The penalties are substantial, and you'll end up needing installments loans to pay them if you use retirement funds for <a rev="vote for" title="Installment Loans Reliable Option As 401(k)s are Dwindling" href="http://personalmoneystore.com/moneyblog/2009/05/17/installment-loans-reliable-option-401ks-dwindling/">short term funding</a>.


>>
I AGREE >>
Godfrey-Lee on the west side of the state has been running all-day, every-day kindergarten for several years. >>
We have a problem in Detroit Public School, their system had cash flow problem for years now. And honestly it getting worst in terms in progression with more children leaving to charter their schools almost every year. The state decided to give the Detroit school districts cash advance of $70 million so they would meet the schools expenses, as well as payment for teachers. Robert Bobb, the newly appointed emergency financial manager, requested the funds early in order for him to get the house in order before he had to start panicking. President Obama has been giving out large sums of money for troubled school districts, perhaps that’s where a generous portion of the aid came from. Getting Detroit Public Schools in working order is a worthy cause.

LINK TO READ FOR MORE INFO:
http://personalmoneystore.com/moneyblog/2009/03/10/state-advance-detroit-public-schools-70m/


>>
I am all for school choice and think its great that charters are finally moving forward. However, I'm wondering if the research accounts for a playing field that is not level. I can't take my school buildings and move them anywhere I want, nor can I simply slap up a pole building and make it a school. If anything, public schools need less state regulation and oversight so we can play by the same minimal rules charters do. If you want public schools to compete to improve, remove the barriers to doing so. I will gladly except less funding per pupil if the playing field is level.
>>
The purpose is to encourage non excercising children to excercise but my daughter's highschool gave her an improper body fat percentage and made my healthy daughter who trains 20 hours a week in tap jazz and ballet believe she was overweaghit instead of a person with muscles.
I believe the public schools do not have the right to make the diagnoses with these kids because they are using one measurement and recording it from their arms that they have a certain percetnage of body fat with one arm caliper test.
Does any one have feed back?
>>
Specifically, 81 percent of students in religiously affiliated schools and 82 percent of students in other private schools have parents who report being "very satisfied" with their schools, compared to 55 percent of students in assigned public schools and 63 percent of students in chosen public schools.

High levels of satisfaction among private school parents also extend to opinions about their children's teachers, academic standards of the school, order and discipline at the school, the amount of homework assigned, and interactions with school personnel.

http://fitt.in >>