By Ben Velderman
EAGnews.org
WEST HEMPSTEAD, N.Y. - Do individuals forfeit their First Amendment right to free speech when they become school board members?
The president of the West Hempstead Union Free (New York) school board seems to think so, but the district's official policy on free speech won't be known until board members re-examine their code of ethics in October.
This philosophical debate was sparked by a postcard board member Cynthia DiMiceli sent to the community last spring - at her own expense - explaining why she had voted against the district's $55.2 million proposed budget for the 2012-13 school year.
The postcard had no discernible effect on the budget's fate, which breezed through the board and was later ratified by the voters, but it so angered board President Walter Ejnes that he denounced DiMiceli as an "insecure megalomaniac" who generates "unnecessary controversy."
A tiny handful of community activists are calling on DiMiceli to resign her post. They claim her actions violated the board's code of ethics, which require members to "abide by all board decisions once they are made and assist in carrying them out effectively," according to the West Hempstead Herald.
DiMiceli says the Education Establishment is "bullying" her because she dared use her rights as a private citizen to question the direction of the school district.
"Just because I'm a board member, it doesn't mean I don't have a right to speak my piece," she tells EAGnews.org, adding that her comments represent her views only.
Despite the overheated rhetoric from her critics, DiMiceli is faithfully executing the official duties of her office by working with her fellow board members to lead the district and implement its policies.
This controversy is really about DiMiceli's decision to ignore the establishment's sacred teaching that all board members must march in lockstep, so as to present a "unified front" to the community.
The "united front" is believed to be an essential ingredient to a healthy school district. In reality, it's a ploy used by defenders of the status quo to supress criticism and alternative points of view. DiMiceli is standing up to those tired ideas, and is catching plenty of flak for doing so.
'We must change this way of thinking'
DiMiceli decided to run for the school board in 2010, over concerns about the deterioration of the district's facilities and the overall quality of education being provided to students. She has two children in the district, and witnessed the decline first-hand.
"Everybody can complain, but that's not my style," she says. "I wanted to find solutions to fix the problems."
And the problems are significant.
West Hempstead is located in New York's Nassau County, which has the highest median property taxes in the nation, according to CBS 880. DiMiceli says her personal property taxes have doubled over the last 15 years.
Despite all the spending, the district's test scores have mostly stagnated and student enrollment has declined. Taxpayers are paying more and more, but results aren't improving.
"That's not logical to me," she says.
So when school administrators presented the West Hempstead school board with a $55.2 million budget proposal this spring, DiMiceli grew concerned the district wasn't addressing the structural deficit that's expected to begin in 2014.
After the board passed the budget 5-2, DiMiceli shared her concerns in a postcard-letter to West Hempstead residents, explaining why she voted 'no.'
Economic conditions -- decreasing tax revenue, increasing health insurance and retirement costs for employees -- are creating "tremendous challenges for future budgets," DiMiceli wrote.
"Therefore, if we do not spend wisely and make provisions for the future now, our standard of education will drop even further along with the value of our homes."
She also noted that opposing a school budget is a sure-fire way of getting labeled as anti-public education.
"In my opinion, we must change this way of thinking," DiMiceli wrote. "I feel that in order to improve the quality of education in West Hempstead, we must have the courage to face and admit our deficiencies and work together to find new ways to raise district wide academic achievement."
The letter - which is clearly identified as representing only DiMiceli's views - did not urge taxpayers to vote a certain way on the May 15 budget vote. It only raised questions that she believes the community must begin addressing, sooner or later.
'Good board members learn to compromise'
DiMiceli's letter drew a stinging rebuke from the board president.
In a letter to the West Hempstead Herald, Ejnes wrote that "good board members learn to compromise, and if a decision does not go your way, it is unheard of to go out publicly and undermine the board's final decision."
At Ejnes' urging, the board will revisit its code of ethics in October to determine the course of action if a member violates the policies.
The school board's attorney has already reviewed the legality of DiMiceli's actions, but the board has refused to make his findings public.
"If my critics feel that they are right, they should ask the Board of Education why aren't they releasing the legal opinion of their own attorney?" DiMiCeli wrote in a recent letter to a local news site. "I will leave that up to you to assume the response."
Despite the controversy her letter has generated, DiMiceli plans to keep pushing the board to share as much information as possible with the public.
"Certain things can't be discussed publicly, such as contract negotiations or information about a certain student. But everything else should be public."
Information leads to more transparency and more accoutability, key components to ensuring that a school district is being run properly.
"This is a $55 million a year business," DiMiceli says. "I do what I think is the right thing to do."
Contact Ben Velderman at ben@eagnews.org, or at (231) 733-4202.
National School Choice Week set to kick off Saturday with a giant rally in New Orleans
By Ben Velderman
EAG Communications
NEW ORLEANS - New Orleans has always been known for its ability to throw a good party.

And these days the Big Easy is also developing a reputation as a showcase for the nation's K-12 education reform movement.
So it's seems only natural that thousands of parents, students and concerned citizens from across the country are gathering in New Orleans for Saturday's kickoff to the second annual "National School Choice Week," which runs January 22-28.
National School Choice Week (NSCW) is an umbrella group comprised of more than 300 organizations and tens of thousands of school choice supporters who join together every year "to shine a spotlight on the need for effective education options for all children," according to the group's website.
Those options include everything from "great public schools, to public charter schools, magnet schools, virtual schools, private schools, homeschooling and more," according to the site. 

Officials involved with NSCW work throughout the year to encourage lawmakers at various levels of government to maximize the number of educational options for children, therefore maximizing their opportunities for success.
The old idea of keeping students trapped in geographic school districts is no longer acceptable. More and more people are starting to understand that the "one-size-fits-all"  approach to education is outdated and ineffective.

"For too long, too many kids have been forced to attend very bad schools, or schools that aren't a good fit for them, just because those happened to be the only schools in their neighborhoods," said Kyle Olson, chief executive officer of Education Action Group and National School Choice Week. 

"What could possibly be wrong with allowing parents to determine the best school for their children, regardless of where it's located? The scope of a child's educational opportunities should not be dictated by their zip code."
New Orleans offers proof that choice works
Andrew Campanella, vice president of public affairs for NSCW, said the Big Easy is the perfect location for the NSCW launch because of its impressive record of increased achievement among students.
After Hurricane Katrina ripped the city apart in 2005, lawmakers decided that education reform was a necessary component to successfully rebuilding New Orleans. 

Chronically failing school districts have been taken over by the state. Families with students in those failed districts have been granted access to a variety of schooling options. As a result, the vast majority of New Orleans students now attend charter schools, which has led to a dramatic rise in student test scores and graduation rates. 

"New Orleans has been at the forefront  of education reform in our country," Campanella said. "It's seen tremendous growth in student achievement because of the choices that have been given to parents - everything from scholarships to virtual schools, charter schools and improved public schools."
New Orleans' public education system has undergone such a renaissance that last year, U.S. Secretary of Education Arne Duncan praised the city for having the most improved school district in the nation.
"I continue to be in awe of the sense of urgency, the sense of commitment, the entire community getting behind the schools,"  Duncan said, according to NOLA.com.
Thousands expected at kickoff celebration
Thousands of school choice supporters - who represent the full spectrum of ethnic groups, income levels and political persuasions - will participate in the kickoff event, which is being held at the Lakefront Arena, located on the campus of the University of New Orleans

What binds the different groups together is the shared belief that all families deserve the right to choose the best schooling option for their children, Campanella said.
The NSCW event is meant to rally supporters for the upcoming week, as well as to celebrate the school choice victories that occurred last year, of which there were quite a few.
In 2011, Maine became the 41st state to allow the creation of charter schools. Other states, such as Michigan and Florida, lifted caps on the number of charter schools allowed in their states.
Last week, a judge upheld Indiana's new voucher law that allows low- and middle-income families to use state funding to attend the public or private school of their choice. The Indiana voucher program is the most comprehensive of its kind in the nation.
The new year seems equally promising. Lawmakers in Alabama and Washington state are considering bills that would allow the creation of charter schools, and Louisiana Gov. Bobby Jindal is pushing for a voucher law that rivals Indiana's in scope.
After Saturday's rally, supporters will hold individual events in all 50 states and Washington D.C.
"There will be more than 320 events during the week," Campanella said. "We've tripled the number of participants that we had last year."
While National School Choice Week has a number of high-profile supporters - legendary comedian/actor Bill Cosby being the most recent recruit - the movement's success will be determined by the number of families and everyday citizens who get involved. 

To participate in one of the upcoming events around the nation, or learn more about the movement, log on to www.schoolchoiceweek.com.
"We're getting more supporters every day," Campanella said.
GRANT, Mich.  - Ever wonder what it costs to quit a labor union?
For one Michigan educator, the annual costs of "non-membership" in the local, state and national teacher unions total $544.28.
But Andrew Buikema, 10-year teacher with Grant Public Schools, is willing to pay the price, just for the privilege of being seen as a true professional, instead of a union worker.
Michigan is not a "right to work" state, which means Buikema's job is still affected by the district's contract with the local teachers union, the Grant Education Association. The GEA is affiliated with the Michigan Education Association and the National Education Association.
Buikema has been trying to leave the union since last spring, when he realized that GEA leaders were uninterested in helping the district control costs, even in the face of a multi-million dollar deficit.
By refusing to make wage and benefit concessions, the union contributed to conditions that led to 27 teachers - including Buikema - receiving layoff notices. The district was also forced into making cuts to student academic and extracurricular programs.
Buikema's job was saved at the last minute, but he was disgusted by the union's selfishness.
The union's intransigence convinced Buikema that "the union doesn't care about kids."
"They keep asking for more and more, even though the school district can't afford it," he told EAG. "They're concerned about taking care of the adults and have no consideration for the kids. I don't want to be part of an organization that says one thing and does another," he said.
Buikema said he was "raked over the coals" by his local union leaders when he suggested the GEA could help alleviate the district's financial woes - and possibly help save some teaching jobs - by switching from union-owned and operated MESSA health insurance to a less expensive carrier.
Buikema estimated that the district could save between $530,000 and $980,000 annually.
Not only did local union leaders not like Buikema's idea, but they verbally attacked him for even suggesting it. "The amount of flak I got, particularly from veteran teachers, was ridiculous to the point of being unprofessional," he said.
Buikema was also put off by the NEA's new $10 levy on members to help re-elect President Obama."It's the principle involved," Buikema said at the time. "They're taking money to support a candidate that members may or may not support. That's a very big deal."
Unions bury dissenters in pile of legal documents

Last summer, Buikema decided to cancel his union membership altogether. The MEA and NEA finally responded to his resignation request last month by sending approximately 150 pages of documents. The upshot of all those documents is this: Buikema can technically quit both unions, but he must still pay them $544.28 in "service fees," which equals 67.7 percent of a normal union membership.
"Dear Non-Member," the MEA letter begins, "You are employed in a bargaining unit represented by an affiliate of the Michigan Education Association. ... Your collective bargaining agreement contains a provision which requires you to join the association or to pay a service fee."
Another document explains that those service fees are based on "annual expenditures ... incurred for the purpose of performing the duties of an exclusive representation of the employees."
The unions claim the service fee only pays for activities that don't involve an "ideological cause or political activity unrelated to collective bargaining, contract administration, grievance adjustment and lawfully chargeable employee representation." A 64-page document breaks down all of the separate charges that go into the $544.28 fee, and explains how each is allowed under current law.
Yesterday, Buikema sent his own letter to the MEA:
"I am enclosing a check for $25 to the MEA, because that's what I can afford to do right now. You will receive the remaining balance as I am able to pay. ...
" ... Forcing teachers to join your organization and pay dues is criminal. What happened to free will and the right to choose? I am trying to get out of the union because you don't stand for kids.
" ... You send this massive packet of ... legal documents that I cannot decipher because I am not a lawyer ... to do what exactly? Scare me? Intimidate me? What you are proving is that you will go to great lengths to get people's money. ..."
As a non-member, Buikema has the legal right to contest any of the "service fee" charges, but it entails a long and complicated legal process. And the MEA and NEA are well-represented by lawyers and accountants, as the stack of documents makes clear. The implication is obvious: It is futile for an individual teacher to protest the hundreds of dollars in fees. "They're just going to make you pay anyway," Buikema concludes.
Buikema says some of his colleagues have expressed interest in also breaking away from the union, but are taking a wait-and-see approach. "Most teachers like to be safe and stay in their comfort zone," Buikema said. "I don't care about that."
Buikema has remained an outspoken union critic, and wants to be seen as a true professional whose worth is solely determined by his performance in the classroom, and not by his ranking on the seniority chart.
That won't truly happen until Michigan becomes a right to work state, and union membership is no longer compulsory. Until then, Buikema chooses to be a "non-member" and will pay $544.28 for the privilege.

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WASHINGTON D.C. -- There's no question that 2011 has been good for charter schools.

And if lawmakers in Michigan, New Jersey, Wisconsin and Pennsylvania can get pro-charter school legislation across the finish line in the next few weeks, 2011 could be a banner year for the taxpayer-funded public schools that are generally operated by independent organizations.

The reason for the banner year? President Barack Obama's "Race to the Top" education reform initiative and the Tea Party-fueled 2010 midterm elections that resulted in pro-charter school legislative majorities in a number of states.

That's according to Todd Ziebarth, the vice president of state advocacy and support for the National Alliance for Public Charter Schools.

In an interview with Education Action Group, Ziebarth said that a number of cash-strapped states implemented policies favorable to charter schools, in hopes of winning "Race to the Top" education reform dollars.

Those commitments to charter schools were acted upon when a record number of reform-minded, Tea Party-friendly candidates were voted into state offices nearly a year ago. Since then, 16 states have passed nearly 30 laws to either expand or preserve the role of charter schools.

"This year, we made pretty good progress in a number of states," Ziebarth said. "Hopefully, there will be more good news in the weeks and months ahead."

Ziebarth believes the year's biggest charter school victory occurred in Maine, which became the 41st state to allow the creation of charter schools.

North Carolina families won big when lawmakers repealed the cap that limited the number of charter schools allowed in the state.

Illinois passed a law that allows a state-appointed commission to authorize charter schools, instead of leaving that decision to self-interested school districts.

Expanding access to charter schools was part of Indiana's historic education overhaul.

But not all the charter school victories were glamorous and headline-grabbing, as Ziebarth points out.

For instance, Indiana, Wisconsin and Ohio all passed laws allowing charter schools to use a school district's surplus buildings, a move that allows charters to spend their resources on students instead of rent.

Teachers unions in several cities, including Boston and Toledo, have recently fought efforts to allow charters to use vacant public school buildings. Those were obvious attempts to stymie the competition.

"Shrinking state budgets makes funding charter schools a challenge," Ziebarth said. "Having access to public buildings really helps. And it makes sense because taxpayers have already paid for these buildings, many of which have been designated for educational purposes."

In New Mexico, charter advocates played good defense and staved off an attempt to impose a moratorium on charters.

Looking ahead, Ziebarth is "optimistic that we can finally break through in Alabama next year." He also expects charter schools will be allowed to expand in Missouri, and may be allowed to form in Montana - though that will have to wait until the state legislature reconvenes in 2013.

Ziebarth acknowledged that charters have "made pretty good progress in a number of states," but have suffered a few disappointments, too.

Several politically conservative states such as Texas, Idaho, Alabama and Mississippifailed to pass charter school measures in 2011. While Republicans run the show in those states, and typically favor school choice and charter schools, Ziebarth thinks there is a misperception among some that charters only benefit urban areas, and not rural and suburban communities.

Teacher unions also present a problem for charter schools. Ziebarth said the unions employ a three-pronged approach to stopping the spread of charter schools: legislation, litigation and organization.

If charter laws survive the legislative and legal hurdles, unions will often try to organize the charter school teachers. If the union succeeds in forcing charter schools to collectively bargain with employees, the schools lose their flexibility and innovation, and become virtually indistinguishable from their traditional public school counterparts.

Without a doubt, teacher unions will try to roll back the gains charter school supporters have made over the past year, Ziebarth said.

"Teacher unions are still fighting hard in statehouses across the country," he said.

The unions will continue to fight their charter school competitors, likely because charters have become so popular with families all across the country. Educationnews.org reports that "six school districts now have more than 30 percent of their public school students enrolled in public charter schools: New Orleans, Washington D.C., Detroit, Kansas City (Missouri), Flint, MI and Gary, IN."

The site also reports that the Los Angeles district has 79,385 students enrolled in charter schools, the highest  number in the nation.

Ziebarth believes the best way to inoculate charter schools from the volatility of politics is to make the movement as bipartisan as possible.

"But that's easier said than done," he said.

- Ben Velderman can be contacted at ben@edactiongroup.org, or by phone at (231) 733-4202.

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