Education Policy Institute

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Tel: (202) 244-7535, Fax: (202) 244-7584
Education Exchange
Volume 2, Issue 9 -- September 1998

Focusing on Education Reforms at Your School, in Your State Legislature, and in Congress

In This Issue

NEA/AFT State Affiliate Mergers Proceed As Expected

School Choice Test Case Headed for Supreme Court

North Carolina Charter School Files State Lawsuit Challenging Racial Quota Requirement

National PTA Faces Criticism on Commercialization

Samaritan Project Plans Rally for School Choice

EPI's Education Quick Facts

NEA/AFT State Affiliate Mergers Proceed As Expected

On September 28, the group advising the two teacher unions on developing merger guidelines for state affiliates will meet for the second time. Two members who have a special interest in pushing the development of the guidelines are Eric Feaver, president of the Montana Education Association and Judy Schaubach, co-president of the newly merged state affiliates of the NEA and AFT in Minnesota.

Education Minnesota now claims 65,000 members, led by co-presidents Judy Schaubach and Sandra Peterson, former state presidents of the NEA and AFT Minnesota affiliates, respectively. Education Minnesota now utilizes combined office space, personnel, field staff, legal staff, crises funds, lobbying experts, and other services previously provided by each union. Both Minnesota unions approved their state merger documents in March 1997 and await formal approval from the NEA and AFT.

Eric Feaver believes the Minnesota merger may be a bit premature because NEA delegates withheld approval of the proposed national merger last summer. Delegates at both the NEA and AFT conventions, however, authorized NEA/AFT leaders to proceed with unity talks, if appropriate.

In addition, under pressure from Minnesota, Montana, and other state delegations, the NEA/AFT leadership was directed to develop guidelines to deal with NEA and AFT state affiliate mergers. Regardless of action on a national teacher union merger, under guidelines accepted in 1994, local NEA and AFT affiliates are already permitted to merge; 13 local NEA/AFT affiliates have merged in Minnesota, two have merged in Montana, and several others have merged in California and Florida.

The Montana NEA and AFT affiliates have adopted a constitution for the merged MEA/MFT which is expected to go into effect June 15, 2000. President Feaver is hopeful that by May 1999, the NEA and AFT will have completed the guidelines for state affiliate mergers, keeping the Montana merger on schedule. Neither Feaver nor Schaubach feel that these or other state mergers will affect the NEA and AFT merger negotiations at the national level.

A major concern about merger at the national level, affiliation with the AFL-CIO, was readily accepted by members of these state NEA and AFT affiliates. Schaubach said that affiliation at the local level with the AFL-CIO has never been an issue in Minnesota; however, she added that having the Minnesota head of the AFL-CIO address their state convention was very helpful in dispelling myths about the organization. She likens paying dues to the AFL-CIO to paying dues to other coalitions which the state teacher union affiliates join.

According to Feaver, the Montana affiliate of the NEA already "looks more like an AFT affiliate than the NEA," because anyone who is not an administrator may join. Consequently, the union already represents teachers, classified staff, nurses, and prison guards. Nevertheless, the MEA/MFT constitution will allow its locals to opt out of the AFL-CIO "no later than six months after the effective date of the constitution," with reinstatement any time.

The AFL-CIO is the 13 million member umbrella federation of 72 autonomous national unions. If a national teacher union merger is successful, the combined membership will be the largest in the AFL-CIO. The International Brotherhood of Teamsters, with 1.4 million members, will drop to second largest. Many NEA members oppose AFL-CIO affiliation because they consider the NEA to be a "professional organization" rather than the union it became in the late 1960s. The AFT has been affiliated with the AFL-CIO since its founding in 1916.

The most controversial item among Montana teachers is "Who shall our members be?" Many teachers believe that representing a diverse membership of public employees, school support staff, higher education faculty, nurses, and others will weaken the focus of their lobbying efforts. This issue will not be resolved until the spring of 2000 when a joint convention of the merged MEA/MFT will vote on this and other issues.

The NEA and AFT have a unified dues structure which requires members to support local, state, and national offices. The NEA claims 2.3 million members, the AFT 985,000 members; annual dues range from $400 to $700.

School Choice Test Case Headed for Supreme Court

In a 4-2 ruling on June 10, 1998, the Wisconsin Supreme Court upheld the expanded Milwaukee Parental Choice Program, which now includes about 6,000 students in 86 private schools. The following points were made in the court's 68-page decision:

  • The First Amendment issue was carefully considered. The opinion tracks recent U.S. Supreme Court decisions holding that a program allowing the use of public funds in religious institutions is permissible if (1) the program is neutral between religious and secular options and (2) parents or children direct the funds. The Court recognized that private and religious schools are available within a broader array of educational choices.
  • The Court ruled under the Wisconsin Constitution that the program does not operate primarily for the "benefit" of religious schools, but rather that children are the beneficiaries.
  • The Court dismissed all other claims, including the NAACP's claim that the program unconstitutionally segregates Milwaukee schools.
  • The Court ruled that children who were eligible in 1995 but who subsequently enrolled in private schools with Partners Advancing Values in Education (PAVE) scholarships retain their eligibility.
  • The one paragraph dissent only addressed the Wisconsin Constitution provision on religious establishment which was decided by a 4-0 vote.

As expected, the Wisconsin ruling was appealed to the U.S. Supreme Court. Among the groups fighting to reverse this decision supporting school choice are Americans United for Separation of Church and State, the American Civil Liberties Union, People for the American Way, the NAACP, the National Education Association, and the American Federation of Teachers.

Clint Bolick, the Institute for Justice's litigation director, said, "We welcome an appeal. Giving parents a choice does not violate the Constitution."

Four other state supreme courts--Ohio, Vermont, Arizona and Maine--face similar questions. The Institute for Justice is litigating in all of these cases, as it did in Wisconsin.

North Carolina Charter School Files State Lawsuit Challenging Racial Quota Requirement

Despite its academic success, North Carolina's first charter school, Healthy Start Academy in Durham, faces the threat of its charter being revoked due to the racial quotas clause in the state's charter school legislation passed in 1996. Currently, more than 97 percent of the school's students are black.

In a lawsuit filed by the North Carolina Foundation for Individual Rights in Wake County Superior Court against state officials, plaintiffs Healthy Start Education, Inc., and John and Lynette Cradle, claim "both state and federal equal protection and vagueness challenges to N.C.G.S. § 115C-238.29F(g)(5)."

According to the court filing, the relevant part of the state statute reads, "Within one year after the charter school begins operation, the population of the school shall reasonably reflect the racial and ethnic composition of the general population residing within the local school administrative unit in which the school is located..."

The State Board of Education, in an attempt to clarify the meaning of "reasonably reflect...the general population" adopted the following policy in July 1998: "All charter schools shall have open admission procedures and policies. Charter schools shall provide racial/ethnic balance in their student enrollments. A charter school must have a student population that reflects the racial/ethnic composition of the school system in which it is located..."

Attendance at Healthy Start Academy is voluntary, and similar in racial makeup to other nearby public schools. The public schools, including magnet schools, are not, however, threatened with violation of racial diversity laws, since the wording in question was added only to the state's charter school act.

The lawsuit claims "Healthy Start has discovered ways of developing the hidden potential of Durham's impoverished, generally fatherless, inner-city black youths in ways no other public school has yet discovered." In fact, the kindergarten level students rose from the 42nd percentile on the Iowa Test of Basic Skills to the 99th percentile. The first and second grades also showed double-digit gains in test scores.

Thirteen of the 34 charter schools founded one year ago in North Carolina are currently in jeopardy of losing their charters due to non-compliance of this racial quota provision of the state's charter school law.

North Carolina Foundation President Vernon Robinson states, "The desire for parents and students to learn should take precedence over the experts and their quest for diversity."

The case is slated to be brought up in Superior Court on October 19, 1998.

National PTA Faces Criticism on Commercialization

The National PTA is facing a chorus of criticism after agreeing to let Office Depot use its name and logo in back-to-school television and in-store advertisements. The agreement, approved earlier this summer by PTA president Lois Jean White of Nashville, has resulted in a program called Supporting School Values that was created by the office-supply chain.

Television and print advertisements include the slogan "Proud to Sponsor the National PTA" and include the PTA's telephone numbers and web site address. The deal included laptop computers for every state PTA office as well as the national office. Office Depot discount coupon books were mailed to millions of PTA members.

In addition, its stores in 44 states featured a back-to-school sweepstakes, sponsored a teacher appreciation breakfast, teacher tote bags, and Office Depot shopping sprees for teachers.

Critics include PTA officials. "I took offense at the commercial," in which the Dilbert character in it said, "Don't be a dork when you go back to school," said a Texas PTA officer who spoke on the condition of anonymity. Manya Unger, National PTA president from 1987 to 1989 told the Associated Press, "There's a very fine line to maintain your purity and virginity. Once you overstep it, I think you open yourself and your organization up, to continue the analogy, to prostitution."

According to Shirley Igo, the PTA's vice president for legislation, the consensus of the leadership and legal counsel were that they were not in violation of PTA policy which prohibits endorsements. However, as anyone who has attended a National PTA convention in the last few years knows, the National PTA has been smudging that "fine line to maintain purity" for some time.

In 1996, evidence of Microsoft as the "lead technology sponsor" dominated the convention floor as well as the exhibit area. Last June, PTA convention sponsors included questions about antihistamine products and web site services in the official PTA evaluation form.

Patty Yoxall, a staff spokesman at the PTA's headquarters in Chicago said that after the first two weeks of television advertisements, she had received only "three phone calls" of protest. Yoxall also said, "We are pleased by the initial response to the program."

So was a manager at one of the Office Depot stores in Washington, D.C., who said that he was tremendously satisfied with the program, and that the increase in its school supply business exceeded his expectations.

Others, including Merede Graham, associate director of the Center for Commercial Free Public Education, says the PTA appears to be endorsing the company's products. Graham added, "I think the bigger issue, though, is what does that mean when the Parent-Teacher Association of America starts to crawl in bed with corporations in terms of the broader issue of commercialism in schools?" According to PTA literature, it means "Corporate sponsorships can help fund our future. We need to do this to not only succeed, but to survive."

As more parents turn to local, autonomous parent groups, membership in the PTA is declining. And, for a membership organization that receives 80 percent of its current revenues from that shrinking base, we now know that PTA leaders have apparently done this to survive.

Samaritan Project Plans Rally for School Choice

At a National Press Club event on October 8, the Chesapeake, Virginia based Samaritan Project will announce plans to organize parents across America who are unhappy with the public school system and believe that the teacher unions stand in the way of real education reform and school choice. Following the press conference, the organization will lead a Let Our Children Go! rally in front of the National Education Association headquarters in Washington, D.C.

Bishop Earl W. Jackson, president of the Samaritan Project, sees the struggle for school choice as a civil rights issue. He stated, "The enemy of quality education is not someone wearing a white sheet waiting to spring from the shadows, but a much more subtle and pervasive evil. It is teacher unions standing in the way of educating our children."

Noting that the teacher unions collect hundreds of millions of dollars each year in dues, Bishop Jackson remarked that the NEA and AFT "use that money to oppose every legal and grassroots effort to reform education and bring about choice."

Speaking as a black minister, Bishop Jackson asks a rhetorical question, "Why would organizations such as the NAACP oppose something so obviously beneficial to black children?" He answers, "Follow the money trail."

EPI's Education Quick Facts

  • According to the National Center for Education Statistics, total K-12 enrollment in public and private schools this year will reach a record-breaking 52.7 million students. Private schools are expected to enroll 5.9 million students, 11.2 percent of the nation's total. (Source: CAPE Update, Sept. 9, 1998)
  • Although overall youth drinking levels are decreasing, adolescents who do drink are beginning earlier. The current average age of drinking initiation is 15.9 years, compared to 17.4 years in 1987. (Source: The Youth Connection, Sept./Oct. 1998)
  • Home school advocates are having a growing impact in American politics. Overall, there are now 40 home school parents who are also state legislators in 23 different state houses. (Source: Home School Court Report, July/Aug. 1998)
  • The information management systems market is approximately $1.9 billion in size according to Carole Cotton, president of CCA Consulting. She breaks the market into six segments: administrative and financial systems are $520.3 million; non-comprehensive courseware - $485.8 million; software that increases productivity - $362.9 million; library management systems - $237.6 million; instructional management systems - $185.3 million; and comprehensive administrative and instructional management systems - $114.9 million. (Source: The Education Industry Report, Sept. 1998)
  • In a study on the influence of teacher qualifications on student achievement published in the Harvard Journal on Legislation, Ronald Ferguson found that individual teachers' expertise -- as measured by scores on licensing examinations, master's degrees and experience -- accounted for over 40 percent of student achievement in reading and math in grades 1 through 11. (Source: Nevada Journal, Sept. 1998)

See File

Copyright 1998
Education Policy Institute, PMB 294, 4401-A Connecticut Ave., NW, Washington, DC 20008-2322 202/244-7535, Fax 202/244-7584 http://www.educationpolicy.org