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MEA loses lawsuit against public schools

Union to appeal

Tue., March 7, 2006

A lawsuit filed by the state’s largest teachers union against more than 30 public school academies was dismissed by an Ingham County Circuit Court judge. If successful, the Michigan Education Association’s suit could have displaced more than 10,000 students who attend public school academies authorized by Bay Mills Community College.

"The MEA has long opposed charter schools, and made no bones about the fact that they wanted to close down all BMCC-authorized schools," Bay Mills Community College President Michael Parish said after the ruling. "Perhaps this time the MEA will finally comprehend what thousands of Michigan families have known all along – that charter schools provide valuable educational alternatives, and that educational choice is here to stay."

Judge Joyce Draganchuk dismissed one count of the lawsuit and said the union lacked standing to bring three other counts. The suit named the state superintendent of public instruction, the state Board of Education, the state treasurer and the Department of Treasury as defendants. Bay Mills Community College has been criticized by some since 2001, when the college, located on the Bay Mills Indian Reservation in the Upper Peninsula’s Brimley, began authorizing charter schools in Bay City and Pontiac. Community colleges are allowed to authorize schools only within their immediate vicinity. Like most charter schools, those authorized by Bay Mills are not unionized.

Complaints arose that Bay Mills’ actions were circumventing the state’s 150-school cap on university-authorized charters and whether or not, as a community college, Bay Mills was limited to the boundaries of its geographic district for the purposes of authorizing charter schools. Then-Attorney General Jennifer Granholm, in an opinion requested by state legislators, ruled that as a federal tribally controlled community college, Bay Mills was limited to its geographic boundaries. The boundaries in question, however, are found in Article XI of the "Charter of the Bay Mills Community College," which states "the district of the Bay Mills Community College shall consist of the whole state of Michigan."

The MEA’s suit said Bay Mills should be limited to authorizing charter schools only within its tribal boundaries, and that the college had illegally delegated the oversight of its schools to a private company. Assistant Attorney General Robert Dietzel told the court that the MEA failed to show Bay Mills charter schools had caused the union any harm. Dietzel said if the Bay Mills schools closed tomorrow, that did not mean all 10,000 plus students, and hence the per-pupil state aid money for them, would revert back to conventional public schools.

"There are lots of different options these students could take," he told Draganchuk. "They could go to a private school, they could go to another charter school, or they could be home schooled."

Although the judge granted summary disposition to Bay Mills on three of the counts, she did say the MEA had standing on one count, that being that the board of governors at the community college is not a public body because it is not elected. That, the MEA argued, means the charter schools authorized by BMCC are not public and should not receive public dollars. Representing the state, Dietzel pointed out that the legislature, in passing the charter school law, made sure to include provisions that recognize tribal community colleges. The public schools authorized by Bay Mills also remain subject to the state Board of Education, a publicly elected body, and they therefore qualify for state funding.

The MEA has filed a notice to appeal the case.

Parental choice advocates statewide expressed satisfaction with the judge’s ruling, calling it a major victory for schools, students and families.

"This ruling not only supports Bay Mills and 10,600 students in its 32 schools, it upholds the fundamental freedom of all families and communities to have high-quality public school options," Dan Quisenberry, president of the Michigan Association of Public School Academies, said after the court’s ruling. "The MEA has wasted thousands of dollars, including direct taxpayer dollars, to harass charter schools with a frivolous case it knew it would never win."

Richard Landau, an attorney representing a group that includes Bay Mills, called the suit "naked, political self interest." Landau also said "the MEA’s position is that this public money is their money, it’s money their members are somehow entitled to."

Draganchuk’s ruling marks the second major court defeat the school employee union has suffered this year. Last August, the Michigan Court of Appeals rejected the MEA’s attempt to unionize teachers at Brother Rice High School, an all-boys Catholic school in metro Detroit. After teachers expressed an interest in union representation, the MEA brought an action before the Michigan Employment Relations Commission, which scheduled a vote at the school for August 2004. The school’s board of directors appealed and the vote was postponed. The appeals court eventually decided MERC has no jurisdiction over lay teachers in parochial schools, a decision the MEA chose not to appeal.

Michigan Education Daily
"Detroit Public Schools will end up with 100 fewer school buildings than it had in 2006 if a new closure plan is carried out." >>
"Most of the country's public schools would have more freedom under a proposed rewrite of the No Child Left Behind law." >>
"Reading scores improved in all grades, and math scores in most grades, while science and social studies scores dipped slightly on the Michigan Educational Assessment Program tests taken in fall of 2009." >>
"Some parents who attended a South Redford School District forum recently called on teachers to make wage or benefit concessions as a way to protect school programs." >>
"An ambitious proposal to overhaul Detroit Public Schools ran into opposition Thursday over the issue of dissolving the school board and allowing Mayor Dave Bing to take charge." >>
"At least 14 public school districts in the Muskegon area offer some type of alternative education, either on their own or through a consortium, but the programs are under both budget and academic pressure." >>
"Michigan voters may see a ballot initiative in August asking them to approve a sales tax on services, with the understanding that their approval would also mean education spending reform, the chairman of the House Education Committee said Wednesday." >>
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

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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>.


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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/


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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.
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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?
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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 >>