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To Amend Or Not To Amend - Toward Just An "Adequate Education?"

A major issue will be debated this Wednesday at the New Hampshire State House.  A proposed amendment to the State Constitution, "CACR 34," will be up for vote in the House.  The Senate has already voted for a variation of the Amendment, and is expected to agree with whatever the House approves. 

WHAT the Amendment really does, or doesn't, and whether it really means much, or not, is the bigger debate.  If the Legislature approves CACR 34, it goes to the voters in November, where 2/3rds approval -- two out of every three voters -- is needed for it to become part of our Constitution.  IF approved, THEN WHAT?

All good questions.

Here is the Amendment, exactly as it will be voted on this Wednesday:

“Are you in favor of amending the second part of the constitution by inserting after article 83 a new article to read as follows:

      [Art.] 83-a [Public Education.]  The legislature shall provide every child the opportunity for a public school education in fulfillment of the legislature’s duty with respect to public education provided for in Part II, Article 83.  The legislature shall have the responsibility to define the content of an adequate education to prepare the student to become a productive and contributing citizen and to determine the total statewide cost of providing that education to all public school students.  The legislature shall have the authority and responsibility to raise the funds that total the statewide cost of this education and to distribute these funds in a manner that alleviates local disparities in educational opportunity and fiscal capacity, provided that every school district shall receive a meaningful share of these funds.” 

That's it.  That is exactly what will be printed on our November ballots. 

What does this Amendment do?  (1), It requires the Legislature to "define the content" of an "adequate education;"  (2), It requires the Legislature to "determine" the cost for providing that adequate level of education;  (3), It gives the Legislature the "authority" and "responsibility" to raise funds for that adequate education; (4), It allows the State to distribute funds to "alleviate local disparities" based on local ability to pay (allowing targeting of State funding aid); and (5), It requires that every school district must get a "meaningful share" of funding. 

What "new" questions does this Amendment raise?  Since there are a number of new qualifying words that will be added to the Constitution, several brand new questions can be raised, opening up the possibility of yet another round of confusing and complicated lawsuits and court declarations:

1.  What is "adequate" education?

2.  Just what does it mean to give the Legislature the "responsibility" to raise funds? 

3.  In order to "alleviate local disparities," does that allow or even require the State to again create a statewide property tax, and perhaps "donor communities?"

4.  In "defining the content" of an "adequate education," are local school boards relinquishing authority over curriculum?

5.  What amount for each school district constitutes a "meaningful share?"

6.  Who determines a community's "fiscal capacity?"

7.  And exactly what does it mean to "...prepare the student to become a productive and contributing citizen...?"  And who decides what "productive" and "contributing" means, and how much THAT costs, and which curriculum creates that productivity and contribution?

If this Constitutional Amendment were put onto the State Constitution, I don't think it makes a bit of difference.  We can already "target" aid, that's not the question.  We don't need to have any "donor communities" now with the Constitution as it currently reads -- the Legislature has just gone that route in the past because it's been convenient at times to approve a statewide property tax with donor communities.

Approval of  this Constitutional Amendment doesn't mean the State won't provide more money for education, nor does not having this Amendment mean the State will provide less -- that's still a Legislative decision, and will be ongoing citizen and Legislative debate well into the future.

If this Constitutional Amendment is approved, that doesn't mean we'll never have an income tax or other tax reform.  And if this Constitutional Amendment is defeated, that doesn't mean we will have an income tax or other tax reform.  One is not dependent on the other.

I will vote for CACR 34 in the Legislature this Wednesday.  I think it is useful for the cause of better education of our kids to have this dialogue among the voters in the Fall. 

Perhaps it's doubtful CACR 34 will pass in the House this Wednesday.   But if it does, with the language offered in this Amendment and the additional questions it raises -- I've only touched the surface here -- I cannot imagine that 2/3rds of our citizens will vote in favor.  I believe we should pass this question onto the voters, and then I will join the many citizens who will oppose its final approval in November. 

We need to have the discussion on this Amendment in November so that if it is defeated by the voters, and I believe it will be, the next Legislature beginning in January will be able to find solutions and answers that don't include the continued debate about whether to amend or not.  That will have been answered by the voters. 

So in this case, I will vote FOR it before I vote AGAINST it.  I'll vote this Wednesday to put this Constitutional Amendment to the voters for their decision, and then I'll vote against it in November when I cast my own ballot. 

Why?

Why?  Because our next generation of young people deserves better and more, and it is our obligation to provide it.  We have to make sure they are prepared to compete with students from all the other states in this country and all the other nations of this planet during the balance of the 21st Century and beyond.

Our kids will have a global economy to compete in, plus problems to solve ranging from environmental concerns, global warming, terrorism, controlling nuclear weapons, creating new and cleaner energy sources, the next round of medical emergencies, viruses we can only imagine in our nightmares, opportunities and possibilities of which we can only dream, and being creative in finding world peace. 

THOSE challenges cannot be met with our next generations only having an "adequate" education.  They need excellence, and it's up to us to provide them with it. 

What are your thoughts?

Posted on Monday, May 12, 2008 at 09:04PM by Registered CommenterRep. Jim Splaine | Comments9 Comments

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Reader Comments (9)

I'm in favor of both the NH government and Federal government following both Constitutions and getting the he** out of education altogether.

They have no business there and no business making us pay for these UN-agenda leftist indoctrination centers.
May 13, 2008 | Unregistered CommenterAnonymoose
Jim you missed a part in your observation that will turn MANY voters off. "public school" Anyone who supports school choice and/or vouchers will see that amendment as shutting the door in their face and thus not support it. The polls I've seen range from 40% supporting vouchers to as much as 70% which any way you slice it makes up more then the 1/3 it would take to sink this if it makes it to a vote.

But since even you make the argument that you cannot see 2/3 supporting this why push something you know people don't want?
May 13, 2008 | Registered CommenterRichard Barnes
Don't. Don't waste out time with a vote on something that can't even be explained in clear English.

This doesn't have anything to do with Education, it's just keeping open the door open for more funding gyrations.

What is an "adequate education"? It's completely different for each of us.

Compete with a global economy? Our greatest asset in America was always that we knew someone who knew something and we could get ahold of them because our travel and communication wasn't limited. It's never been because everyone of us is an Einstein. It's always been our ability to forge connections at a moments notice.

Leave the kids behind, they wind up becoming experts on whatever it is that fascinated them. The kid smelling the daisies, probably knows more about daisies than anyone.

Education! Damn, if you wait for someone to teach a class, you're already learning obsolete technology. You have to dig in and teach yourself.

Aigggh!

Please Jim, just have confidence in your own instincts.
May 13, 2008 | Unregistered CommenterH
In the spirit of having a dialogue let me ask you if you've also voted for the other school amendments that would have given us more local control, for the same reason you say you voted for this one?
May 14, 2008 | Unregistered CommenterRowland
Oh, here we go:

http://nh.blcss.com/legbill.php?l=375931&t=EDU

You didn't seem to want to encourage any dialogue on CACR21 and CACR23.

I begin to think you're not being entirely honest with us about your motivations. At any rate you have some explaining to do here.
May 14, 2008 | Unregistered CommenterRowland
CACR29 too!

Explain, please.
May 14, 2008 | Unregistered CommenterRowland
Hello?
May 16, 2008 | Unregistered CommenterRowland
Local control of education is a reality here as well as everywhere -- that's what school boards are for. CACR 29 wasn't needed to restate the obvious, and didn't have much support in the Legislature.

If you're upset with statewide standards that all local schools must meet, why? Why wouldn't we want all of New Hampshire's kids to have absolutely the most excellent education they can have? It is THEY who will grow up in a century where the threats and challenges that you and I might experience only in our nightmares will be real.

And wouldn't we want those young people who are in school right now to be able to make full use of the opportunities that they may have during the next 75 years, after you and I are long gone?

Statewide standards set common goals in all of our schools, and that's important for our kids to be competitive elsewhere. Don't we want them to be?

State funding provides relief for property taxpayers and help for those communities that don't have a good property tax base, so that their kids can have a good education too. Shouldn't we all want that?

And why shouldn't we all be for a fairer method of taxation based on ability to pay so that we can provide "excellence" in education, rather than "adequacy?
May 18, 2008 | Registered CommenterRep. Jim Splaine
The Status Quo already provides the "opportunity" for children to receive an education so what is the point of creating constitutional language that cannot guarantee that any individual child will become educated?

Since education is a commodity, the public would be best served in returning complete control to parents who can then decide where they will have their children educated, by whom, and at what price. Let the marketplace work.

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