Tuesday, March 1, 2011

Proposed Public School District Accountability Act of 2011

I'm not convinced that elected public school boards are the best way to deliver world-class public education. But as long as that is our system, school boards, just like any other elected governmental body, should be fully accountable to the people.

Currently, the laws, rules and regulations are stacked against democratic, good government representation. However, that can be changed by the legislature, and many of us are engaged in doing just that before the end of the current legislative session.

What follows, in layman's terms, is a proposed:

Public School District Accountability Act of 2011

1. To engage the maximum number of registered voters in the governance of their public schools and to be more fiscally responsible in the execution of elections, school elections shall be moved from September to the November general election.

Justification: For too long special interests (school boards, administrators and teachers unions) have perpetuated a system which ensures minimal voter turnout in order to disenfranchise and disengage the public from the governance of their public schools. As a result, in the 2010 Little Rock School District election, only 1.6% of registered voters cast ballots, compared to 49% in the general election just two months later. My own unopposed Zone 4 (West Little Rock) member was elected with just 57 votes. For more, see my post at www.GaryNewton.org: 'Move School Elections to General Election.'

2. With the election moved to November, citizens shall be empowered to recall elected board members, no matter the cause, by gathering registered voter petition signatures equal to or greater than the percentage of voters in the last election comparable to recall requirements of other elected officials.

Justification: Currently board members may only be recalled for conviction of a felony or not attending meetings. This is likely a byproduct of low voter turnout school elections, where the petition signature requirements would be so low (as a percentage of those who voted in the last election), triggering of recall would be too easy, and our school elections could be in constant turmoil. In our zone, for example, 35% of voters in the last election would only be 20. For more, see my post at www.GaryNewton.org: 'No Recall.' 

3. By issue election, the people, not the school board, shall determine how they are to be represented. Since districts with 10% or more minority population must be represented by zones to comply with the Voting Rights Act, the people may determine whether zones will be five or seven, and if the latter, if it will be five zones and two at-large or seven zones. This determination should be made by a vote of the people in the first school election following the posting of results of the 2010 census. Thereafter, changing zone representation may be made by an initiated act of the people.

Justification: Current law only allows incumbent school boards to determine how the district will be represented. In the case of Little Rock, that determination was made by the board, not the people, in the mid-1990s. By all indications, Little Rock is locked into seven zones unless the board decides otherwise. With the 2010 census, the Arkansas State Board of Education and Arkansas School Board Association have issued a memorandum to school boards, superintendents, and co-op directors stating that they must redraw zones (by 6/2012) and determine by resolution (90 days before 9/2011 school elections) if they will be five or seven zones, and if seven, all zones or five zones and two at-large. They then should elect all new board members in the 9/2012 school elections in order to comply with state and federal law. I believe that, after each census, the people should determine how they are to be represented. For more, see my post at www.GaryNewton.org: 'Arkansas School Board Association Calls for All New Board Elections in 2012.’

4. All school districts shall follow the recommendations of the Arkansas Department of Education and Arkansas School Board Association, prepared in cooperation with the Governor's Office, Attorney General's Office, Secretary of State's Office and the Arkansas Association of Educational Administrators (AAEA), in regard to redrawing school board zones following the census and holding new elections for all board members.

Justification: Despite the current directive from the aforementioned groups, a representative of the Little Rock School Board has said that Little Rock will not hold new elections. For more, see my post at www.GaryNewton.org: 'Arkansas School Board Association Calls for All New Board Elections in 2012.’

5. All state and local laws and regulations pertaining to local school board election, representation and responsibilities shall be clearly posted on the websites of the respective local school districts and the Arkansas Department of Education.

Justification: Sunshine goes a long way in eliminating absurdity and engaging the electorate. I'm a motivated citizen and father, with at least average intelligence, and I've had a very difficult time getting answers to my most basic questions regarding my school district governance. For more, see my posts at www.GaryNewton.org.

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