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The Universal Notebook: LePage, Bowen let down public schools
The LePage administration’s education agenda, it should come as no surprise to anyone, comes straight out of the ultra-conservative American Legislative Exchange Council playbook, by way of the ultra-conservative Maine Heritage Policy Center, by way of the ultra-conservative Commissioner of Education Stephen Bowen, who is former director of MHPC’s Center for Education Excellence.
The most dramatic proposal of the LePage education agenda, which in an act of Orwellian double-speak is called "An Act to Remove Inequity in the Funding of Certain Schools," would remove the prohibition against supporting religious schools with public tax dollars.
The constitutional principle of the separation of church and state would seem to preclude funding private religious schools with public tax dollars, but parents in Maine towns without high schools who tuitioned their students into public and private schools were able to use tax money to send their kids to religious schools from 1903 to 1983. So there is precedent for sending tax dollars to religious schools in Maine.
But that doesn’t make it a good idea.
People who chose to send their children to private schools will often argue that it is not fair for them to have to pay taxes to support public schools from which they derive no benefit. That’s a specious argument. First, everyone in a civil society benefits from a system of public education. Second, it’s an argument that could be used by anyone who does not have children in school.
The reason to oppose "An Act to Remove Inequity in the Funding of Certain Schools," however, is more political than economic.
While most Americans believe in the separation of church and state, the ultra-conservatives who are pressing fro public aid to religious schools (and other aspects of the LePage-Bowen educational agenda, such as open school choice) believe in the separation of school and state. It is their ultimate aim to turn education into a business run by churches and corporations. All you really need to know about the new breed of conservative activists is that they are pro-corporation and anti-government.
If Mainers approve public funding of religious schools (and open enrollment in the school of your choice), they will lose local control of education. And the last thing we need right now is a plan that will siphon off funding for public schools.
Fortunately, the proposal to fund religious schools with our tax dollars isn’t going anywhere. There’s simply no good reason to do it and plenty of reasons not to.
What I do see coming after the religious funding act fails, however, is a back-door attempt to do the same thing with tax credits. Eight states already have some form of tuition tax credits.
Last year, the U.S. Supreme Court decided in Arizona Christian School Tuition Organization v. Winn that Arizona taxpayers who objected to their state offering tax credits to people who donate to school tuition organizations, which in turn provide scholarships to students who want to attend private or religious schools, have no legal standing and refused to hear the case.
Chief Justice John Roberts and Justices Anthony Kennedy, Antonin Scalia, Clarence Thomas, and Samuel Alito – the same five conservative activists who decided in Citizens United that corporations are people entitled to spend unlimited amounts of money on negative ads in an attempt to buy American elections – based their decision on the argument that there is a difference between a tax appropriation and a tax credit.
“This novel distinction in standing law between appropriations and tax expenditures has as little basis in principle as it has in our precedent,” Justice Elena Kagan wrote in a dissent. “Cash grants and targeted tax breaks are means of accomplishing the same government objective – to provide financial support to select individuals or organizations. Taxpayers who oppose state aid of religion have equal reason to protest whether that aid flows from the one form of subsidy or the other. Either way, the government has financed the religious activity.”
I wish I could believe that LePage and Bowen are making a good-faith effort to improve public education in Maine, but I can’t. These are people who have no faith in public education.
Citizens United, Arizona Christian School Tuition Organization and now "An Act to Remove Inequity in the Funding of Certain Schools" are part and parcel of the same conservative plan to turn America over to private corporations. All the flag waving and freedom talk is just noise and distraction. Don’t let them take your tax dollars out of our public schools and spend it on their inferior religious schools.
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Citizen United stands for the proposition that Republican-appointed activist judges are intent on turning America over to their corporate masters. All you have to know about the two party system is that Republicans represent the interests of business and Democrats represent the interests of people. Corporations are not people. We had 100 years of legal precedent to that effect until Citizen United swept it all away. As a result, democracy is now a commodity. What this couintry needs is campaign finance laws that restrict individual contributions and outlaw soft money and PAC money altogether. Conservatives are selling our freedom, our justice, and our country to the highest bidder. Anyone who loves this country should be outraged at what the Roberts court is doing.
A couple of points:
1) Family income and student performance often (not always, but often) go hand in hand. Students from 2 parent well off homes will, on a whole, perform better than those from lower income homes. Therefore, if a family can afford to send their child to a private school/academy, the child is likely to already possess the tools to succeed. That is precisely why private schools and public schools from more affluent communities often rank higher in standardized testing than those from lower income communities. Subsidizing (via school choice) and sending a group of 'poor kids from the hood' to, say, Waynefleet, doesn't guarantee success. A good home life is a better place to start.
2) The idea of public funding for religious schools will crash and burn the moment taxpayer funds are funneled into an Islamic school. If the governor's proposal passes, it would happen eventually. And then we can all watch the boys MHPC have a hissy fit.
I agree that Edgar is a bit over the top with that last statement. Kind of negates all the power and veracity of what preceeded.
(Meant to be in response to the Florida guy)
EAB say's: "Don’t let them take your tax dollars out of our public schools and spend it on their inferior religious schools."
I can understand why a person like yourself would be opposed to giving operational money to parochial schools. I don't agree with you, (do I ever?), but I think I can understand why you think that.
What I don't understand is why you think parochial schools are inferior to public schools? You give no evidence why they are inferior.
Do students that graduate from Cheverus High School score lower on their SATs than the students down the road at Deering High School because Cheverus is an inferior school? If they do then I dare you state that.
Are there more high school dropouts from John Bapst than there are at Bangor High School? If thats true then I bet the staff at John Bapst would love to hear you say that.
I'd really like to know why you think private religious schools are inferior to your almighty public schools.
Yes, I overstated the case. Cheverus and John Bapst are high-performing prep schools. Of course, John Bapst Memorial High School has been a non-religious, private, coeducational, college-preparatory secondary school since 1980. What I had in mind were fundamentalist Christian schools where theology seems to outweigh the truth.
You really have no clue about this, do you Mr. Beem? I dare you to compare the public schools in New York City with their parochial school counterparts. I also invite you to examine the academic achievement of those taught in religious home-school environments with public schools, and how colleges increasingly view such students. From the cloistered world of Southern Maine, of course, it's easy to make grand, unsupported statements like yours. Your supposition follows, inexorably, from a belief that being taught religious beliefs makes you incapable of learning science, mathematics, or reading, something belied by almost all of history.
Hey, you're the one who thought John Bapst was still a religious school. Yes, there are some very fine Catholic preparatory schools, but that's no good reason to take tax dollars away from public schools and give them to parochial schools. In most situations, what private schools offer are smaller class sizes and the ability to be selective about students. Next you're going to want people who homeschool their children to be paid for doing so. And then you're going to want taxpayers who don;t have children in school not to have to pay the percentage of propertuy taxes that go to edcuation. And then you're...etc, etc. I may be clueless, but I'm on to the conservative corporate agenda.


Of course, the separation of church and state only goes one way for vicious partisans like Mr. Beem and Mr. Limbaugh. Walls, of course, have two sides. The side Beem doesn't appear concerned about is the one where, under long-established Supreme Court precedent, the Government cannot -- except in the most serious cases -- compel religious organizations to fund directly activities which they believe are immoral. And so, just like the government cannot advance a particular religious agenda with public money -- which leads me to oppose vouchers for parochial schools -- it cannot compel a person or group to give up their religious beliefs through funding things like contraception and abortion. Easy. But, angry and one-sided partisans like Beem can't see both sides. It's too inconvenient, and too inconsistent with their alternatively haughty and boorish arrogance.
In addition, I must oppose, based on constitutional principles, publicly funded vouchers for parochial schools despite the fact that significant numbers of Americans will suffer lousy educations as a result -- perhaps dooming them to lives of low pay, suffering, and bad decision-making. Poor families around the country whose children are being crippled by bad public schools are being denied the opportunity to find their own, better way to get their children the education they need so desperately. But, that's the nature of the Constitution. Unlike Mr. Beem, I understand that it can be rough medicine when it doesn't cut your way, as in not providing an funding for contraception for a 30-year old activist studying law at a Catholic university that charges $65,000 a year for tuition. She'll have to dig down into her pockets, maybe give up the iPhone data plan and rely on free WIFI, to afford birth control, and I know that's tragic. He can take some comfort in the fact that, if common sense and the rule of law prevail, $3000 a year (saved across the board) might lower premiums for other folks, or be used to provide much needed services for the poor.
Now, perhaps I've jumped the gun in assuming how Mr. Beem would come out on the issue du jour. I doubt it.
N.B. I'm not sure why Mr. Beem continues to parade his ignorance about the Citizens United case. CU stands for the simple proposition that the right of free speech does not vanish when people join together to speak collectively. It protects corporations, to be sure, including the not-for-profits that own media outlets of all kinds of issue advocacy groups, but also unions, trade associations, PTAs, and every other collective of individuals recognized by law. You'd think Mr. Beem would understand why, in today's age of costly mass communication, we shouldn't be silencing collective speech. Would he prefer to leave it to rich individuals? (And, like the Establishment Clause, here again is the two-sided nature of the First Amendment. If you believe that some collectives should be able to speak collectively -- and, remember, this case has nothing to do with campaign contributions, just direct speech -- then you can't, as a matter of basic First Amendment law, discriminate between one collective or another without a very real risk of falling afoul of the constitution. But, perhaps this is a good challenge for Mr. Beem: On what basis would you prevent for-profit corporations from speaking collectively, but give a pass to not-for-profits? What basis would not fall afoul of the First Amendment? Remember, Mr. Beem, you can't use the "for profit" nature of the entity -- that's long been held to be unconstitutional -- nor the fact that their speech may be commercially motivated.)
N.B.B. It's clear that Mr. Beem also doesn't understand the concept of "corporate personhood," which has only a marginal relevance to the CU holding. Such personhood was adopted to protect ordinary citizens like Mr. Beem in three major respects. First, it allows corporations to be sued. Second, it requires corporations to be adequately financed, so that suits against them, if successful, will result in monetary recovery. Third, it allows individuals, like Mr. Beem (directly or through 401(k) or other investment devices) to own shares in a business without being personally liable if the corporation goes bankrupt or engages in activity that results in a judgement it cannot pay. This last protection, it should be noted, does not inure to the people who run the corporation if they were involved in the conduct that led to the judgment.