Friday, October 22, 2004

CHARTER SCHOOL HYPOCRITES

There is a good article here about where the opposition to charter schools is coming from in Washington State. "In this state, charter-school opponents are largely Democrats, labor organizations and members of what's called Washington's "education family" — the teachers union and the professional organizations for school boards and school administrators"

The article also makes it clear that charter schools are seen by their advocates as being about encouraging innovation and providing alternatives to the existing system. Yet the political Left are highly suspicious of the whole thing and seize on such irrelevancies as one of the supporters being from the Walton (Wal-Mart) family as being a black mark against such schools. So the Leftist establishment are supporting the status quo and opposing innovation and alternative ways of doing things. Given how often Leftists have claimed to stand for the exact opposite of all that, you might think they would be ashamed of themselves. But inconsistency has never bothered Leftists. Their principles are always whatever is convenient at the time. Power is all that really matters to them and since they already have a stranglehold on education, they are going to defend that in any way they can.




60'S FREEDOMS LOST

Control has returned in the universities even though academic standards have not

"The rights of schools over their pupils were codified before the U.S. Constitution was written. In 1765 the legal scholar Sir William Blackstone wrote that, when sending kids to school, Dad "may also delegate part of his parental authority, during his life to the tutor or schoolmaster of the child; who is then in loco parentis, and has such a portion of the power of the parents committed to his charge."....

Not until 1960 did this system begin to break down. That year, six students at the all-black Alabama State College participated in anti-segregation lunch counter sit-ins. The school's president sent them letters expelling them for "conduct prejudicial to the school." According to Stetson Law School professor Robert Bickel, the students' case cut to the root of in loco parentis: "The university actually asserted the right to arbitrarily give some students [due] process and deny it to others." When the students sued, federal courts sided with Alabama State. But in the 1961 decision Dixon v. Alabama State Board of Education, the U.S. Court of Appeals for the 5th Circuit rejected the school's claim of omnipotence. Suddenly, college enrollment was a contract between the student and the school. Since kids didn't lose their constitutional rights in their backyard, they couldn't lose them on campus. State universities slackened their grip, and private universities such as Columbia followed suit......

How then, did the contemporary nanny university arise? Administrators who got their degrees in the 1960s had a certain idea of how students should be governed, and they found three tools for regaining control. The first involved intoxicants, including the escalating war on drugs and the mid-'80s change in the drinking age from 18 to 21. The second was an attempt to stave off liability for student mental health problems by intervening with students who were seen at risk of breakdowns. The third and most well known was a rigid enforcement of political correctness that set standards for just how rowdy students could get....

As the protective mind-set returned, it jibed with administrators' desires to make their campuses placid in every possible way. Alcohol and drug policies had emerged in a national context, justified by laws beyond the university's control, while mental health policies were driven largely by the threat of lawsuits. But administrators didn't need anyone to force their hands to insert speech standards and "hate crime" prohibitions into campus life. In 1987 the University of Michigan responded to a handful of anonymous racist fliers with new campus regulations aimed at suppressing offensive speech. The speech code, the first to end up in court, prohibited "any behavior, verbal or physical, that stigmatizes or victimizes an individual on the basis of race, ethnicity, religion, sex, sexual orientation, creed, national origin, ancestry, age, marital status, handicap, or Vietnam-era veteran status." A university pamphlet, soon withdrawn, explained that such "harassment" would include hanging a Confederate flag on your dorm room door or being part of a student group that "sponsors entertainment that includes a comedian who slurs Hispanics."

Ironically, a one-time member of Berkeley's Free Speech Movement seized on this approach when she became an administrator. Annette Kolodny, a dean of the University of Arizona's College of Humanities, used her 1998 book Failing the Future to explain why colleges needed to regulate what students said. In concert with other administrators, Kolodny had stiffened penalties for offensive speech and created workshops in which new students could have their values certified or corrected. Her bogeyman was "antifeminist intellectual harassment," and her polices were designed to bring contrary speech out into the open, so it could be "readily recognized and effectively contained."

By the start of the 1990s, Kolodny's view of campus speech was the norm. Harvard law professor Randall Kennedy told The New York Times in 1991 that speech codes made sense, and that their opponents were just warring against 1960s values. Journalists had gotten some taste of universities' strange speech standards through The Dartmouth Review, a conservative newspaper whose editors were punished for articles that would have been protected anywhere else in New Hampshire. But they didn't comprehend how strict the standards were until codes at Stanford, the University of Wisconsin, and George Mason University were challenged in court and overturned. Based on these cases, schools learned how to design speech restrictions that were more likely to pass legal muster.

The speech codes, increasingly unpopular but largely still in effect, contain more than a whiff of the omnipotence administrators enjoyed under in loco parentis. Students are not treated as the adults that Dixon made them out to be. Instead they're young minds that need shaping. In most cases the bodies formed to govern speech -- student judicial boards, special committees -- are uniquely able to adjudicate without explaining their standards for punishment.

Universities' speech restrictions, unlike their recreational policies, do more to attract lawsuits than to repel them. NCHERM offers a seminar on how administrators can thwart the Foundation for Individual Rights in Education and the American Civil Liberties Union. But there hasn't been any measurable trend toward saving face by scrapping these rules. They're seen as too important to ditch -- and that's illustrative of the way universities view their students.

Four decades after in loco parentis started to stagger, college students would be hard pressed to name their new personal liberties. Yes, they no longer fear "double secret probation." And when administrators crack down, they will almost always at least provide a reason. But today's students may be punished just as hard as their predecessors -- often harder. They've discovered that social engineers have a hard time turning down the opportunity to control things.

The expanding control over college students has had repercussions in the rest of America. Campuses are proving grounds for make-nice public programs. They've provided laboratories to test speech codes and small, designated "free speech zones" for protests. (Such zones marginalize and effectively silence dissent, which is one reason they've been adopted by the major political parties for their national conventions.) The stiffening of campus law also illustrates the trend toward greater control of adults' personal behavior.

More here:

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For greatest efficiency, lowest cost and maximum choice, ALL schools should be privately owned and run -- with government-paid vouchers for the poor and minimal regulation.

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