A Circuit Court judge in Virginia declared unconstitutional a law that created a state takeover board for low-performing schools. Wonder if this was ALEC legislation?
According to a release from the National School,Boards Association:
“A Circuit Court judge has struck down a state school takeover board that would have stripped local school boards of their authority over low-performing schools, ruling in favor of the Virginia School Boards Association (VSBA) and the City of Norfolk school board.
“Norfolk Public Schools and VSBA sued the state last fall, arguing that the state’s Opportunity Educational Institution (OEI) and its governing board, established by then-Governor Bob McDonnell and the Virginia General Assembly to take over schools deemed to be chronically low performing, violated the state’s constitution.
“This ruling is an important affirmation of the Virginia Constitution’s intent that localities hold the responsibility for their public schools,” said VSBA Executive Director Gina G. Patterson. “With that being said, there is still much work to be done to ensure that all of our schools are successful.”
“The OEI and the OEI Board were created by the state legislature in its 2013 session to take over the supervision of schools that were denied accreditation and to require documentation and information about schools that had been accredited with warning for three years. The legislation also granted the OEI Board the authority to vote to take over the supervision of any school accredited with warning for three years. The legislation creating the OEI and the OEI Board purported to make the OEI “a statewide school division” and the OEI Board “a policy board in the executive branch of state government.”
“The school board of a school taken over would have been required to transfer to OEI not only the local funds required by the state-mandated Standards of Quality, but also any local funds appropriated to the school division of residence in excess of the state-mandated amount.
“The VSBA and the Norfolk School Board argued that the law violated Article VIII, Section 7 of the Constitution of Virginia, which provides that “the supervision of schools in each school division shall be vested in a school board.”
“The OEI board was a policy board under the executive branch of government and an education institution falling under Title 23 of the Code of Virginia, which relates to institutions of higher education. Further, the lawsuit argued that the legislation establishing the OEI board violates Article VIII, Section 5, of the Constitution of Virginia, which provides that the State Board of Education shall create school divisions. The General Assembly, not the Virginia Board of Education, created the OEI board as a statewide school division.
“Norfolk School Board Chairman Kirk Houston said, “We are pleased with the ruling. We value our strong partnership with Virginia elected and appointed leaders, however, state takeover of schools was not going to be a magic formula for addressing challenges with student achievement, particularly in high-poverty schools. In Norfolk, our community is focused on creating school environments that maximize all children’s academic potential, with consideration for all of their unique needs.”
“Since the lawsuit was filed, more than 100 school boards and municipal governing boards, including Norfolk’s City Council, passed resolutions supporting it.”
awesome. more of this
Doing it now. Will send asap
On Jun 13, 2014, at 9:01 AM, “Diane Ravitch’s blog” wrote:
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This is very, very interesting because it basically rules unconstitutional a common response to a requirement of NCLB, which is still in effect (though states are operating under waivers from it). NCLB required that schools failing to meet AYP for a period of 3 years submit to restructuring by the district. Many states have met this requirement via laws instituting state control after this period.
one bad day on the west coast, one good day on the east coast
Wow. Seems surreal…
We lose one battle in California (at least for now until the repeal works its course through the courts) and win one in Virginia proving that this is a war being fought against corporate funded fake education reformers and these battles are being fought across America in every city and state.
This is a war where millions of people—-parents, teachers and students—-are battling against big money: Bill Gates, Eli Broad, the Walton family, hedge fund billionaires, the Koch brothers and a few others.
99% versus the 1%
When in doubt, expect the courts to rule in favor of big business.
YUP, jb2. True. Sad.
Here’s some good news!
Sent from my iPhone
>
Meanwhile Broad quickie-lube superintendents aren’t qualified, certified, or experienced and they get anointed/appointed by fellow Broadies in order to create laws to circumvent local control so they CAN takeover, close, hire TFA.
How/when do we get rid of all the fake “educators” who bulldoze their way into our taxpaying pockets?
I think OEI stands for “Opportunistic Educational Investment,” a joint project funded by state, ALEC, hedge fund managers, and wealthy private donors to takeover public education.
All politics are local. What is more local than than your local school board? It is where your neighbor runs for office and puts out his lawn signs-It is where you can stand up and give voice to your views-it is a place of basic democracy practiced right before you with results you can see, ideas you can fight for, changes that need to be discussed, developed, added or dropped. It is ‘homegrown democracy.’