Wichita teachers union president on video

The president of United Teachers of Wichita has been caught on video expressing thoughts that can’t be comforting to Wichita parents with children in the state’s largest school district. Project Veritas reports on the candid thoughts of Steve Wentz in the story Teachers Union President Admits To Abusing Children.

Based on past Wichita School District investigations, Wentz likely faces a lengthy stretch of paid administrative leave while the district decides what to do. Not long ago the district paid its school safety services supervisor for 15 months while he was charged with aggravated criminal sodomy, aggravated indecent liberties with a child, and indecent liberties with a child.

Steve Wentz Project Veritas example

Kansas Supreme Court: Making law, part 3

Do the justices on the Kansas Supreme Court make new law? Yes, and here is another example.

A paper by Kansas University School of Law Professor Stephen J. Ware explains the problem with the undemocratic method of judicial selection process used in Kansas.1

The question is whether judges are simply arbitrators of the law, or do they actually participate in the lawmaking process? In his paper, Ware presents eleven examples of judges on the two highest Kansas courts engaging in lawmaking. Here, Ware explains one case:2

May a convicted criminal defendant pursue a legal malpractice action against this criminal-defense attorney without first obtaining any post-conviction relief? No, he may not, the Kansas Supreme Court held in Canaan v. Bartee, adopting what is known as the “exoneration rule.” In so holding, the Kansas Supreme Court acknowledged that it was making law. The Canaan court said that “Whether a plaintiff must be exonerated in postconviction proceedings before bringing a legal malpractice action against his criminal defense attorney is an issue of first impression in Kansas.” The court discussed earlier Kansas cases and concluded that they did not resolve the issue: “Thus, we are left to decide whether we will apply the exoneration rule in legal malpractice actions in Kansas.”

The Canaan court reviewed decisions from courts around the country and noted that most adopted the exoneration rule but some did not. The court also summarized what it candidly called “Policy Reasons Behind the Exoneration Rule.” The Canaan court’s punchline was: “After consideration of these authorities, the varying policy justifications, and the shortcomings of the various approaches, we find the majority view persuasive. We hold that before Canaan may sue his attorneys for legal malpractice he must obtain postconviction relief.”

Who considered “varying policy justifications” in deciding what Kansas law should be? Was it the Kansas Legislature? No, it was the judges on the Kansas Supreme Court did. As in all the examples discussed above, when it comes to the exoneration rule Kansas law is what it is because high court judges chose for that to be law based on what they considered “persuasive.” (emphasis added)

For more on this topic, see As lawmakers, Kansas judges should be selected democratically: While many believe that judges should not “legislate from the bench,” the reality is that lawmaking is a judicial function. In a democracy, lawmakers should be elected under the principle of “one person, one vote.” But Kansas, which uses the Missouri Plan for judicial selection to its highest court, violates this principle.


Notes

  1. Ware, Stephen J. Originalism, Balanced Legal Realism and Judicial Selection: A Case Study. Available at papers.ssrn.com/sol3/papers.cfm?abstract_id=2129265.
  2. Id. at 31.

From Pachyderm: Judicial candidates

Voice for Liberty radio logo square 02 155x116From the Wichita Pachyderm Club this week: Republican primary candidates participated in an 18th Judicial District Candidates’ Forum. This is an audio presentation recorded on June 24, 2016. Candidates included:

Division 3: Gregory D. Keith, Carl Maughan

Division 14: Linda Kirby, Patrick Walters

Division 21: Jeff Dewey, Robert A. Holubec, Quentin Pittman

Division 24: Shawn Elliott, Timothy H. Henderson, Tyler J. Roush

(For these offices, the divisions do not represent a geographical area. Everyone in Sedgwick County is able to vote for all judicial divisions.)

WichitaLiberty.TV: James Rosebush, author of ‘True Reagan’

James S. Rosebush worked in the White House as assistant to President Ronald Reagan. He’s written a book about Reagan titled True Reagan: What Made Ronald Reagan Great and Why It Matters. During his visit to Wichita, he stopped by the WichitaLiberty.TV studios. View our discussion below, or click here to view at YouTube. Episode 123, broadcast June 26, 2016.

Shownotes

  • The book True Reagan: What Made Ronald Reagan Great and Why It Matters by James Rosebush at Amazon
  • James Rosebush at LinkedIn
  • James Rosebush at Business Insider

Kansas Supreme Court: Making law, part 2

Do the justices on the Kansas Supreme Court make new law? Yes, and here is an example.

A paper by Kansas University School of Law Professor Stephen J. Ware explains the problem with the undemocratic method of judicial selection process used in Kansas.1

The question is whether judges are simply arbitrators of the law, or do they actually participate in the lawmaking process? In his paper, Ware presents eleven examples of judges on the two highest Kansas courts engaging in lawmaking. Here, Ware explains one example:2

Does the state have a legal duty to control the conduct of parolees to prevent harm to other persons or property? When the Kansas Supreme Court confronted this question in Schmidt v. HTG, Inc., it noted a split of authority in other states. For example, a Washington court held that, yes, “a parole officer takes charge of the parolees he or she supervises despite the lack of a custodial or continuous relationship” and this had the effect of imposing liability on the state. However, the Kansas Supreme Court “reject[ed]” this rule and said “The better-reasoned and more logical approach is that taken in [a Virginia case] which held that state parole officers did not take charge” of a parolee in the relevant sense.

So Kansas law on this topic … was made, not by the legislative or executive branches, but by the judges on the Kansas Supreme Court. In Schmidt, … the lawmaking judges did not pretend that they were compelled by the legislature or anyone else to choose one possible legal rule over another possible legal rule. Instead, the judges decided which view was “better-reasoned” and then made that view the law. (emphasis added)

For more on this topic, see As lawmakers, Kansas judges should be selected democratically: While many believe that judges should not “legislate from the bench,” the reality is that lawmaking is a judicial function. In a democracy, lawmakers should be elected under the principle of “one person, one vote.” But Kansas, which uses the Missouri Plan for judicial selection to its highest court, violates this principle.


Notes

  1. Ware, Stephen J. Originalism, Balanced Legal Realism and Judicial Selection: A Case Study. Available at papers.ssrn.com/sol3/papers.cfm?abstract_id=2129265.
  2. Id. at 31.

WichitaLiberty.TV: Cost of Kansas schools, government schools, and understanding Kansas school outcomes

In this episode of WichitaLiberty.TV: Is it true that some Kansas schoolchildren have no hope of attending a private school? What’s wrong with government schools? Then a talk on “Rethinking Education Tomorrow Starts with Understanding Outcomes Today.” View below, or click here to view at YouTube. Episode 122, broadcast June 19, 2016.

The talk by Dave Trabert is located at youtu.be/4h_bM6QPKeI. If it does not play, please click here.

Shownotes

GDP by state and industry

An interactive visualization of gross domestic product by state and industry.

The Bureau of Economic Analysis, an agency of the United States Department of Commerce, has released Gross Domestic Product figures for the year 2015. I’ve gathered this data and present in it an interactive visualization using Tableau Public. This data is grouped by states and regions, and also by major categories of industry.

Source of data is Bureau of Economic Analysis, Regional Economic Accounts. Values are in current dollars.

Of note: The list of industries is not exclusive. That is, some categories such as “All industry total” and “Private industries” contain other categories. Use caution when selecting multiple categories.

Click here to access the visualization.

GDP by State and Industry example 2016-06

Kansas Supreme Court: Selecting Judges

While many believe that judges should not “legislate from the bench,” that is, make law themselves, the reality is that lawmaking is a judicial function.

A paper by Kansas University School of Law Professor Stephen J. Ware explains the problem with the undemocratic method of judicial selection process used in Kansas.1

At issue is whether judges are simply arbitrators of the law, or do they actually participate in the lawmaking process. Ware presents eleven examples of judges on the two highest Kansas courts engaging in lawmaking. In one, a workers’ compensation case, the employee would lose his appeal if the “clear” precedent was followed. Justice Carol A. Beier wrote the opinion. Ware explains:

But this is not, in fact, what Justice Beier and her colleagues on the Kansas Supreme Court did. Rather they did what Kansas Judges Greene and Russell say never happens. Justice Beier and her colleagues engaged in lawmaking. They changed the legal rule from one contrary to their ideologies to one consistent with their ideologies.

Justice Beier’s opinion doing this started by criticizing the old rule, while acknowledging that it was, in fact, the rule prior to her opinion by which the Supreme Court made new law. Here again is the above quote from Coleman, but now with the formerly omitted words restored and italicized: “The rule is clear, if a bit decrepit and unpopular: An injury from horseplay does not arise out of employment and is not compensable unless the employer was aware of the activity or it had become a habit at the workplace.”

Who decided that this rule is “decrepit and unpopular” and so should be changed? Was it the Kansas Legislature? No, it was the Kansas Supreme Court. It was judges, not legislators, who decided that this legal rule was bad policy. It was judges, not legislators, who changed the law to bring it in line with what the lawmaking judges thought was good policy.

Beier wrote in her opinion: “We are clearly convinced here that our old rule should be abandoned. Although appropriate for the time in which it arose, we are persuaded by the overwhelming weight of contrary authority in our sister states and current legal commentary.”

The result: New Kansas law, made by people selected through an undemocratic process.2

In conclusion, Ware writes:

Non-lawyers who believe in the principle that lawmakers should be selected democratically need to know that judicial selection is lawmaker selection to be troubled by the Missouri Plan’s violation of this principle. Non-lawyers who do not know that judges inevitably make law may believe that the role of a judge consists only of its professional/technical side and, therefore, believe that judges should be selected entirely on their professional competence and ethics and that assessments of these factors are best left to lawyers. In short, a lawyer who omits lawmaking from a published statement about the judicial role is furthering a misimpression that helps empower lawyers at the expense of non-lawyers, in violation of basic democratic equality, the principle of one-person, one-vote.

(In the Kansas version of the Missouri Plan, a nominating commission dominated by lawyers selects three candidates to fill an opening on the Kansas Supreme Court. The governor then selects one of the three. This process gives members of the state’s bar tremendous power in selecting judges.)

By the way: For those who criticize the support for judicial selection reform as partisan politics — since Kansas has a conservative governor — remember this: When Professor Ware first sounded the need for judicial selection reform, our governor was the liberal Kathleen Sebelius. There was also a liberal senate at that time, one which would undoubtedly have approved any nominee Sebelius might have sent for confirmation.

Originalism, Balanced Legal Realism and Judicial Selection: A Case Study
By Stephen J. Ware

Abstract: The “balanced realist” view that judging inevitably involves lawmaking is widely accepted, even among originalists, such as Justice Scalia, Randy Barnett and Steven Calabresi. Yet many lawyers are still reluctant to acknowledge publicly the inevitability of judicial lawmaking. This reluctance is especially common in debates over the Missouri Plan, a method of judicial selection that divides the power to appoint judges between the governor and the bar.

The Missouri Plan is one of three widely-used methods of selecting state court judges. The other two are: (1) direct election of judges by the citizenry, and (2) appointment of judges by democratically elected officials, typically the governor and legislature, with little or no role for the bar. Each of these two methods of judicial selection respects a democratic society’s basic equality among citizens — the principle of one-person, one-vote. In contrast, the Missouri Plan violates this principle by making a lawyer’s vote worth more than another citizen’s vote.

This Article provides a case study of the clash between the inevitability of judicial lawmaking and the reluctance of lawyers to acknowledge this inevitability while defending their disproportionate power under the Missouri Plan. The Article documents efforts by lawyers in one state, Kansas, to defend their version of the Missouri Plan by attempting to conceal from the public the fact that Kansas judges, like judges in the other 49 states, inevitably make law. The case study then shows examples of Kansas judges making law. The Article concludes that honesty requires lawyers participating in the debate over judicial selection in the United States to forthrightly acknowledge that judges make law. Lawyers who seek to defend the power advantage the Missouri Plan gives them over other citizens can honestly acknowledge that this is a power advantage in the selection of lawmakers and then explain why they believe a departure from the principle of one-person, one-vote is justified in the selection of these particular lawmakers.

The complete paper may be downloaded at no charge here.


Notes

  1. Ware, Stephen J. Originalism, Balanced Legal Realism and Judicial Selection: A Case Study. Available at papers.ssrn.com/sol3/papers.cfm?abstract_id=2129265.
  2. Ware, Stephen J. Selection to the Kansas Supreme Court. Federalist Society for Law and Public Policy Studies. Available at www.fed-soc.org/publications/detail/selection-to-the-kansas-supreme-court.

From Wichita Pachyderm: Kansas House candidates

Voice for Liberty radio logo square 02 155x116From the Wichita Pachyderm Club this week: Republican candidates for the Kansas House of Representatives participated in a candidate forum. This is an audio presentation recorded on June 17, 2016.

Participating candidates:

In Kansas House District 87: Jeremy Alessi and Roger Elliott (district map)

In Kansas House District 91: Greg Lakin and J.C. Moore (district map)

In Kansas House District 94: Scott Anderson and Leo Delperdang (district map)

The unprecedented campaign against free speech

The political left’s campaign to silence opponents and reorder society in accordance with their personal beliefs is in many ways the single greatest threat to America’s experiment in self-governance, writes Mark Holden.

The unprecedented campaign against free speech

By Mark Holden. Originally published in The Hill.

The liberal Supreme Court Justice Oliver Wendell Holmes once warned of the biggest danger facing free speech: “If you have no doubt of your premises or your power, and want a certain result with all your heart, you naturally express your wishes in law, and sweep away all opposition.”

Yet many lawmakers today are mistaking his wise warning as an invitation to restrict the First Amendment. At nearly every level of government, freedom of speech is under unprecedented attack. Many on the political left now seek to silence their opponents and reorder society in accordance with their personal beliefs. This is in many ways the single greatest threat to America’s experiment in self-governance.

This coordinated campaign has been underway for years. Its creation can be traced to the Supreme Court’s 2010 decision in Citizens United v. Federal Election Commission, when the court refused to accept the Obama administration’s argument that it could ban books, mailers, advertisements or anything else that contained a political message during an election campaign. This simple ruling ensured that Americans retained the fundamental right to use free speech to praise or criticize a candidate running for office.

However, that is the very core of free speech itself. If Americans — individually or acting together through nonprofits, businesses or labor unions — cannot voice their views on public policy and elected officials, then the democratic process as we know it is dead. The result is a system that makes those already in power even more powerful; incumbents need not fear having those pesky voters learn about their statements, views and voting records.

In fact, liberal politicians and activists swiftly made opposition to Citizens United a defining part of their platform from the moment the Supreme Court issued its decision. By 2014, no fewer than 54 U.S. Senators — all Democrats or Democratic allies such as current presidential candidate Sen. Bernie Sanders (Vt.) — supported a constitutional amendment essentially rewriting the First Amendment so that the federal government could regulate and criminalize free speech. Congressional Democrats are once again preparing to make a push to roll back the court’s decision and stifle free speech.

Not to be outdone, leading Democratic presidential candidate Hillary Clinton has declared that she would only appoint judges who promise to overturn Citizens United and permit the censorship of political speech.

At the same time, lawmakers and their allies have found other ways to stifle their opponents’ speech. Americans learned in 2013 that the IRS had systematically singled out conservative nonprofits in the build-up to the 2012 election. The agency harassed many applicants and kneecapped others by refusing to grant them tax-exempt status, restricting their members and supporters from exercising their rights to free speech and free association.

Sadly, this abuse of power still occurs. The federal courts recently learned that multiple nonprofits still haven’t received IRS approval.

Even more attacks on free speech are happening at the state level. For example, New York and California are both demanding that some nonprofits hand over lists of donors to the state. Although the government invariably promises to not release this legally confidential information, California has “accidentally” posted at least 1,400 supporter lists online.

This fact, and ongoing harassment by California Attorney General Kamala Harris, led a federal judge to permanently stop her from obtaining the donor list of one organization, the Americans for Prosperity Foundation. (Full disclosure: I am a director of the related Americans for Prosperity.) However, the IRS has done something similar, conveniently disclosing confidential taxpayer information for several of the Obama administration’s political opponents.

And then there are the demands that government investigate organizations that hold unpopular or controversial views. Over a dozen state attorneys general (all of them Democrats), recently announced that they will go after companies such as Exxon Mobil that disagree with their views on climate change. The prosecutors’ goal is to intimidate these groups to change their position or else face criminal prosecution.

Federal lawmakers are in on the action, too. The Department of Justice has asked the FBI to begin similar investigations of major energy companies. Sen. Sheldon Whitehouse (D-R.I.) has even called for organizations that disagree with him to be prosecuted under the federal law banning racketeering — a law originally meant to target mobsters and drug kingpins.

This coordinated campaign is antithetical to the First Amendment’s guarantee of free speech. In our system of self-government, when someone finds other people’s ideas and opinions disagreeable or even reprehensible, the solution is more speech, not less. Yet instead of persuading others to see their point of view, many in today’s society would rather use government’s power to bully their opponents into silence instead.

Thankfully, Senate Majority Leader Mitch McConnell (R-Ky.) and House Speaker Paul Ryan (R-Wis.) have tried to combat this assault on free speech. They have championed a number of reforms to protect the First Amendment and prevent elected officials and the administrative state from stifling Americans’ right to free speech.

Their leadership should be praised, but much more needs to be done. This fundamental right won’t truly be protected until Americans of all political persuasions heed Justice Holmes’s wise words.

Holden is senior vice president and general counsel of Koch Industries, Inc. and a director of Americans for Prosperity. (The chairman of the Americans for Prosperity Foundation, David Koch, is also executive vice president and director of Koch Industries.)

A Kansas school superintendent writes about school finance

A Kansas school superintendent explains school financing, but leaves out a large portion of the funds that flow to his district.

Steve Splichal, the superintendent of the Eudora Public School District, writes a blog in which he explained Kansas school financing. In one post he wrote this:

The general fund is largely made up from state funding called Base State Aid Per Pupil, or BSAPP. In 2008, the BSAPP reached it’s highest level of $4,400. As a result of funding cuts made during the Great Recession, the BSAPP was reduced dramatically. The Governor’s allotment (a cut of $42 in the BSAPP) lowered the BSAPP to $3,810. This is just about the same amount school district’s received in 2000. To put this in perspective, if the BSAPP had just maintained the rate of inflation, we would have a BSAPP of about $6,059.1

For the school year ending in 2014, which is the last before a change in the way state funding was accounted for, Eudora schools received $7,651 per student from the state.2 This is at a time the Eudora superintendent says base state aid is $3,810.

Kansas school spending per student, ratio of state aid per pupil to base state aid per pupil, 2014
Kansas school spending per student, ratio of state aid per pupil to base state aid per pupil, 2014
The superintendent’s article doesn’t mention this. Leaving out funding arising from weightings is a common mistake, or in some cases, a deliberate deception. The Kansas school finance formula used through the fiscal 2015 school year started with base state aid and added weightings to determine the aid a school district would receive. These weightings are substantial. In 2014, because of weightings, total state funding was 1.85 times base state aid.3

To his credit, the Eudora superintendent has a page explaining that the Kansas school finance formula — before the block grants — had weightings.4 But while lamenting the low level of base state aid, he never explained that his district received an additional 100.8 percent of base aid because of these weightings. Now the formula is gone, but the weightings are baked into the block grants that districts receive.

Let’s be charitable of the superintendent’s motives and attribute this to a forgetful and innocent oversight rather than deception. But I’m not going to forgive the superintendent for his errors in English usage.


Notes

  1. Splichal, Steve. *General Fund and BSAPP.* Eudora Rocks! A blog by Superintendent of Schools Steve Splichal. January 19, 2015. Available at eudorarocks.org/general-fund-and-bsapp/.
  2. Kansas State Department of Education. School finance data warehouse. Available at www.ksde.org/Portals/0/School%20Finance/data_warehouse/total_expenditures/d0491exp.pdf.
  3. Weeks, Bob. Kansas school weightings and effects on state aid. Voice for Liberty. Available at wichitaliberty.org/wichita-kansas-schools/kansas-school-weightings-and-effects-on-state-aid/.
  4. Splichal, Steve. Kansas School Finance Formula. Eudora Rocks! A blog by Superintendent of Schools Steve Splichal. January 19, 2015. Available at eudorarocks.org/kansas-school-finance-formula/.

‘Game on’ makes excuses for Kansas public schools

Even if NAEP “proficient” is a lofty goal, it illustrates the shortcomings of Kansas public schools, especially for minority students.

“Game on for Kansas Schools,” a Facebook page, seeks to draw attention away from the performance of students in Kansas schools. In a post, it make the case that the standard of “proficient” on the National Assessment of Educational Progress is an unreasonably high expectation.1

Game on for Kansas Schools Facebook 2016-06-13

We can easily understand why GOFKS needs to make excuses. As can be seen in the nearby chart of NAEP scores for Kansas and national public schools for fourth grade reading, the Kansas public school establishment doesn’t have much to be proud of.

Kansas students compared to national. Click for larger.
Kansas students compared to national. Click for larger.
More troubling than the absolute level of achievement is the gap in achievement between white students and minority students. For Kansas white students, 42 percent are proficient in reading at grade 4. For Kansas black students, only 15 percent are proficient, and 20 percent of Kansas Hispanic students. Similar gaps appear in reading at grade 8, and in math at grades 4 and 8.

So even if “proficient” is an unrealistically high standard of performance, it still illustrates a gap.

But if you’re not convinced that Kansas public schools are harmful to minority students, use performance at the “basic” level. Here, for fourth grade reading, 74 percent of Kansas white students are at basic or better level. For black students, 44 percent.2 Other subjects and grade levels have similar gaps.

I’m sure GOFKS will say that we need to spend more on schools in order to overcome these problems. But what amount of money, poured into the present system, is likely to make any significant difference?


Notes

  1. Game on for Kansas Schools. Facebook post, July 13, 2016. Available at www.facebook.com/gameonforksschools/posts/1012639852155750.
  2. U.S. Department of Education, Institute of Education Sciences, National Center for Education Statistics, National Assessment of Educational Progress (NAEP). This table available at http://nces.ed.gov/nationsreportcard/subject/publications/stt2015/pdf/2016008KS4.pdf.

A plea to a legislator regarding Kansas schools

On Facebook, a citizen makes an appeal to her cousin, who is a member of the Kansas Legislature.

What should we do regarding the school funding “crisis” in Kansas? One citizen made an appeal to her cousin — a member of the Kansas Legislature — through Facebook. I’ll omit names to respect the privacy of both parties.

The writer stated, “The children of our state are on the line here. We need our public schools.” Well, children need education, but it doesn’t have to be delivered through public schools.

She also wrote, “This isn’t about politics anymore, it’s about our kids. Kids who have NO chance at attending private schools.” Examining this statement — that there are kids who have no chance at attending a private school — is illuminating. Let’s look at some figures.

For the school year ending in 2015, Kansas State Department of Education reports that Kansas schools spent a total of $13,124 per student. Of that, $8,567 was state aid, $1,101 was federal aid, and $3,469 was from local revenue.1

Now, what does a private school cost? Considering schools not affiliated with a church — although some of these provide a classical Christian education — there are some that cost less than total spending, and even less than just the Kansas state aid per pupil.2

So the writer might be surprised to learn that the taxpayers of the State of Kansas are already paying more than some private school prices. If the state would be willing to let parents spend these funds at schools of their choice, then any Kansas child would be able to afford a private school education. This could be accomplished through tax credit scholarships, vouchers, or education savings accounts. Kansas does, in fact, have a tax credit scholarship program, but it is limited — crippled, I would say — and the Kansas public school establishment fights against it.

Kansas students compared to national. Click for larger.
Kansas students compared to national. Click for larger.
The writer pleaded this: “Needy kids who have the RIGHT to a free and good public education.” I would refer the writer to my article Kansas NAEP scores for 2015 and ask her to take note of the performance of black and Hispanic students in Kansas. For example, 42 percent of Kansas white students are proficient in reading at grade 4. For black students, it’s 15 percent. Are these black students receiving a “good” public education? Of course not. And is there any amount of additional spending that will correct this? If the money is spent through the existing school system the answer is: No, probably not. At least considering any additional sums that are within the realm of political possibility.

There are school reforms available in other states that have found to be very helpful to black and Hispanic students. The Kansas public school establishment fights to keep these reforms out of Kansas.

In making her plea for additional school spending, the writer pleads to her legislator cousin, “I know you have a wonderful, giving heart.” But when legislators vote to spend funds for any purpose, they aren’t giving from their heart. They’re simply using the power of government to transfer money from one person to another. There’s nothing wonderful about that.


Notes

  1. Kansas State Department of Education. Total Expenditures by District, Entire State. Available at www.ksde.org/Portals/0/School%20Finance/data_warehouse/total_expenditures/d0Stateexp.pdf.
  2. For example, see Classical School of Wichita at around $6,000 per year, Cair Paravel Latin School in Topeka at around $7,000 to $8,000 per year, and the Independent School in Wichita from $10,000 to $10,600 per year.

They really are government schools

What’s wrong with the term “government schools?”

A recent op-ed in the Wichita Eagle read: “Some have begun to call public schools ‘government schools,’ a calculated pejorative scorning both education and anything related to government.”1

This is not the only time people have objected to the term “government schools.” Public schools bristle at use of the term. In a 2008 email from Wichita School Interim Superintendent Martin Libhart to Wichita school employees, he took issue with those who, using his words, “openly refer to public education as ‘government schools.'”2 “Openly refer,” he writes, as though it should be kept a secret.

It’s surprising that liberals and progressives object to the term “government schools.” They like government, don’t they? They want more taxation and government spending, don’t they?

When we think about public schools, we find they have all the characteristics of government programs.

Public schools are owned by government.

Their funding comes almost totally from governmental sources, which is to say taxes. (Isn’t it strange that few will donate to public schools?) If you can’t use the services of public schools and don’t want to pay for them — even if you are also paying for other schools that meet your needs — the full weight of the government will come crashing down on you.

Through laws passed by government, public schools are guaranteed a stream of customers.

Public schools are regulated — heavily — by government.

The members of their “board of directors” (the local school board) are chosen through a governmental process — elections.

Public schools are welcoming to labor unions at the time the private sector is becoming less unionized. In fact, labor unions are becoming a hallmark of government, and government only.3

Accountability of public schools, like other forms of government, is weak.

In sum, public schools have all the negative attributes of government institutions and few or none of the positive characteristics that make markets the source of continuous improvement and innovation. So I guess it isn’t surprising that public school advocates like Merritt object to being lumped in with government in general. But public schools share all the characteristics of government, and government is the worst way to supply services except in a few special instances.

What’s also troubling is how Merritt equates using the term “government schools” with scorn for education. Turning over education to government — with its litany of troubles as listed above — is scornful for children.

Merritt and others want to have the benefits of governmental institutions without accepting the reality of what government means. That’s a shame for Kansas schoolchildren.


Notes

  1. Merritt, Davis. Can traditional conservatism save Kansas schools? Wichita Eagle, May 17, 2016. Available at www.kansas.com/opinion/opn-columns-blogs/article77969617.html.
  2. Weeks, Bob. Wichita School Superintendent Martin Libhart: What’s Wrong With “Government Schools?” Available at wichitaliberty.org/wichita-kansas-schools/wichita-school-superintendent-martin-libhart-whats-wrong-with-government-schools/.
  3. Bureau of Labor Statistics. Union Members Summary. January 28, 2016. Available at www.bls.gov/news.release/union2.nr0.htm.

From Pachyderm: Sedgwick County Commission candidates

Voice for Liberty radio logo square 02 155x116From the Wichita Pachyderm Club this week: A forum featuring Republican primary election candidates for Board of Sedgwick County Commissioners. This is an audio recording made on June 10, 2016.

In District 2 the candidate is Michael O’Donnell. In District 3 the candidates are Karl Peterjohn and David Dennis.

WichitaLiberty.TV: Confusion about corruption in Wichita, regulation in Wichita, and the lowly pencil

In this episode of WichitaLiberty.TV: Citizen activists were concerned about unleashing a corrupting influence in Wichita City Hall, but they didn’t know it’s already there. Then, the regulatory landscape in Wichita. Finally, what can a pencil teach us about how the world works? View below, or click here to view at YouTube. Episode 121, broadcast June 12, 2016.

Shownotes

Regulation in Wichita, a ‘labyrinth of city processes’

Wichita offers special regulatory treatment for special circumstances, widening the gulf between the haves and have-nots.

The Wichita Eagle reports that part of what the City of Wichita is offering to Cargill as an inducement to stay in Wichita is regulatory relief.1 In particular:

The city has offered smaller incentives to Cargill as well, including an ombudsman.

[Wichita assistant city manager and director of development Scot] Rigby called the ombudsman something of a project manager.

“They’ll just call one person,” Rigby said of Cargill’s dealings with the city. “It’s a way to eliminate … a business trying to figure out, how do I get through the labyrinth of city processes?”

Rigby said the city has done this with other companies, such as Spirit AeroSystems and JR Custom Metal Products, and would do it for any company with an expansion or project that needs streamlining.

He said the city also is committed to work with the state and the Greater Wichita Partnership to create a talent recruitment position that could help Cargill and other companies recruit employees at all levels.

The city has said it would offer a 15-day turnaround instead of the customary 30 days for plan review and permits, along with a 50 percent reduction in plan review, utility and building permit fees.

Let me repeat the highlights:

labyrinth of city processes

streamlining

15-day turnaround instead of the customary 30 days

50 percent reduction in … fees

All of this is an explicit admission that City of Wichita regulations are burdensome. If not, why would the city devote time and expense to helping Cargill obtain relief from these regulations?

Further: Why do we have these regulations? If the purpose of the regulations is to protect people from harm, how can we relax or streamline them for the benefit of a few companies? Wouldn’t that expose people to the harm the regulations purportedly prevent?

What’s even worse is this: Cargill is a large company with — presumably — fleets of bureaucrats and lawyers trained to deal with burdensome government regulation. These costs can be spread across a large company. Meaning that Cargill can afford to overcome burdensome regulations.

What about the small companies that don’t have fleets of bureaucrats and lawyers? That can’t spread the costs of burdensome regulation across a large volume of business? What will the city do for these companies? This is especially important because the spirit of entrepreneurship the city wants to cultivate is most commonly found in small, young, companies. The type without fleets of bureaucrats and lawyers.

Well, the city says it would do for any company what it is doing for Cargill.

Except: How are companies supposed to know to ask for regulatory relief, streamlining, and a discount on fees?

And is it equitable to offer special companies special regulatory relief when it is not readily available for all?

Business Perceptions of the Economic Impact of State and Local Government Regulation coverLast year Kansas Policy Institute, in collaboration with the Hugo Wall School of Public Affairs at Wichita State University produced a report titled “Business Perceptions of the Economic Impact of State and Local Government Regulations.”2 On the city’s offer of special treatment to one company, KPI Vice President and Policy Director James Franko commented:

This bears out one of the key findings from a paper we did with WSU’s Hugo Wall School: Companies want transparency and simplicity in the local regulatory environment. Businesses are not as concerned about the regulation themselves as they are in navigating what the city admits is a “labyrinth” of regulations and processes.

The regulatory process should be simplified for all businesses, not just a few. Hopefully there is a realization that an “ombudsman,” or better yet a transparent, straightforward regulatory regime, should be available to anyone wanting to start or grow a business in Wichita.

Instead of the city offering regulatory relief on an as-needed, as-requested basis, why not simplify and streamline regulation for everyone? That seems to make a lot of sense. But if you were a city politician or bureaucrat, this isn’t in your best interest. If regulations are burdensome, and you — as a bureaucrat or officeholder — can offer relief, then you have power. You become important. You have the ability to grant favors and make people feel special.

But if regulations were streamlined and reformed for everyone as the city will do for Cargill, then bureaucrats and politicians would not be so powerful and important. But the people would be more free and prosperous. Think about that trade off.

An interview with James Franko of Kansas Policy Institute on the topic of regulation is on WichitaLiberty.TV here.


Notes

  1. Rengers, Carrie. City offers Cargill tax abatement, parking garage financing. Wichita Eagle, June 6, 2016. Available at www.kansas.com/news/business/article82076122.html.
  2. Kansas Policy Institute. Business Perceptions of the Economic Impact of State and Local Government Regulations. Available at kansaspolicy.org/businesses-welcome-transparent-accessible-accountable-state-local-regulations/.

Sedgwick County Zoo

Since funding for and management of the Sedgwick County Zoo is in the news, here are some articles showing how generous the county has been with funding.

Sedgwick County Zoo funding

The Sedgwick County Commission has been generous with zoo funding, spending far more than agreed upon and granting a moratorium on loan payments and interest.

Sedgwick County Zoo funding from the county, planned and actual. Click for larger.
Sedgwick County Zoo funding from the county, planned and actual. Click for larger.
In September 2013 the Sedgwick County Commission agreed on a new funding plan with the Sedgwick County Zoo for years 2014 through 2018. For 2016 the recommended budget calls for keeping funding the same as the 2015 level instead of a 6.9 percent increase as indicated by the 2013 plan.

That’s the plan. What actually happened is quite different.

In September 2014 the commission voted to give the zoo $5.3 million to help pay for a new elephant exhibit. This contribution was not in any funding agreement, and the money was paid in January 2015. This extra funding is almost as large as the planned funding for 2015, which was about $5.6 million.

July 28, 2015. Click here for the full article.

For Sedgwick County Zoo, a moratorium on its commitment

As the Sedgwick County Zoo and its supporters criticize commissioners for failing to honor commitments, the Zoo is enjoying a deferral of loan payments and a break from accumulating interest charges.

What happened? The county loaned the zoo money to build a restaurant. But the zoo was not able to make the payments as agreed. So the county deferred the payments. I’ll be surprised if the zoo makes any payments after the deferral period ends.

July 28, 2015. Click here for the full article.

Cost of restoring quality of life spending cuts in Sedgwick County: 43 deaths

An analysis of public health spending in Sedgwick County illuminates the consequences of public spending decisions. In particular, those calling for more spending on zoos and arts must consider the lives that could be saved by diverting this spending to public health, according to analysis from Kansas Health Institute.

August 11, 2015. Click here for the full article.

KPERS payments and Kansas schools

What is the situation with KPERS contributions made on behalf of Kansas teachers?

A member of the Kansas State Board of Education has written an article that has received widespread attention. But the member, Jim Porter, is wrong on several accounts.

In his article,1 Porter wrote this:

Deception #2 – Until recently the state contribution to the Kansas Public Employees Retirement System (KPERS) was sent directly to KPERS. Now the funds are transferred to the public school account and then transferred to KPERS on the same day. Again, this was lauded as an increase to public school funding even though it was the same amount of money with just an additional transfer from the State of Kansas to the school to KEPRS.

This expresses a standard argument of Kansas public school spending advocates, which is that because of a change in the way teacher retirement funds (KPERS contributions) are handled, it looks like the state is spending more on schools, when in fact it is not.

In response, Kansas Policy Institute noted this:2

Jim Porter’s Deception #2 – According to Dale Dennis, KPERS funding was last sent directly to KPERS in 2004; it has since been sent directly to school districts included in reported school funding totals. Again, Mr. Porter doesn’t define “recently” but most people would take it to mean within the time frame he references (the Brownback administration) and that clearly is not the case.

Here, Dale Dennis3 contradicts Porter.

Wichita Public Schools, State Revenue by Source, KPERS ContributionsEven through Dennis is the state’s top education finance official, we don’t have to rely only on him to illustrate Porter’s error. Information from the Wichita public school district4 shows the same. Here I’ve plotted the funding sent by the state of Kansas to USD 259 for KPERS contributions. As Dennis indicated, in 2005 the Wichita school districts started receiving money from the state for KPERS. Prior to that year it received none.

Trabert’s article explains other ways in which Porter is wrong. I have to wonder what is the underlying reason for Porter writing things like this. Is he being told incorrect information or is he simply lying?


Notes

  1. Jim Porter for Kansas State Board of Education – District 9 Facebook post. Available at www.facebook.com/JimPorterKSBOE9/posts/1001536676582800.
  2. Trabert, Dave. State school board member should practice what he preaches. Available at kansaspolicy.org/state-school-board-member-practice-preaches/.
  3. Dale Dennis is Deputy Commissioner at Kansas State Department of Education and head of Fiscal and Administrative Services.
  4. USD 259 Comprehensive Annual Financial Report for 2015, State Revenue by Source, Governmental Funds, and USD 259 Comprehensive Annual Financial Report for 2007, State Revenue by Source, Governmental Funds.

WichitaLiberty.TV: Charter schools in Kansas, and a victory for speech and association

In this episode of WichitaLiberty.TV: Kansas has essentially no charter schools. Here’s why we need them. AFP Foundation scores a victory for free speech and association. View below, or click here to view at YouTube. Episode 120, broadcast June 5, 2016.

Shownotes

Individual liberty, limited government, economic freedom, and free markets in Wichita and Kansas