Jurisdiction Jurisprudence

Because our elected leaders are unwilling to amend the Constitution to guarantee every child in America the right to an excellent education,
: That is developmentally appropriate, founded in the Arts, and experiential,
: That will seek to discover, develop, and direct the gifts and talents of every child towards becoming a knowledgeable and actively engaged citizen,
: That can be adjusted by Local Education Agencies to support the nurturing of the individual gifts and talents of the population they serve,
: That must be supported by Federal, State and Local taxes,
: That will be assessed by the individual school community, districts, state and federal education departments.

they have no legal right to interfere with State education policy.

States have sold their education agencies to the highest bidder and the federal government has agreed to fund the takeover.

As citizens, agreeing to any federal legislation that concerns education is accepting the federal government’s role in education when it has none.

When the citizens of the United States unite and demand that our children be Constitutionally guaranteed the right to an excellent education, every child in America will have the opportunity to be educationally successful and to become a productive member of our society.

When we demand the language of education be changed so that it concentrates on our children’s gifts and talents, we will see a shift from the standardized indentured servitude of disability to the freedom to express our individual capabilities.

Once we effect change at the Federal level, the same must be done at the State and Local level.

The New York State Constitution, Article XI on Education is unspecific and holds no measure of accountability for its LEA’s other than that determined by The University of the State of New York.

Our elected leaders must understand what we, as a country, want for our children. We must be specific about what we will accept and what we will not. We must be united as a country, one nation, under God, indivisible, with liberty and justice for all.

Our children deserve our united voice.

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The United Citizens of America

Before we can be the United States of America we must first become united as a citizenry to return to the concept of a government of the people, by the people, for the people.
Lincoln, like many others, including Martin Luther King, recognized that we cannot be divided and united at the same time. Brother fighting against brother, neighbor against neighbor, state against state.

The concept of a united nation, where everyone is welcome to live free according to their beliefs, was borne out of poverty. It was understood that the only way to overcome the disparities between the rich and the poor was for the poor to unite and demand equality. The result of mass human unification has always been evolutionary, raising mankind to a higher level of humane thinking.

The Common Core Curriculum and current educational theory concentrate on STEM education. Science, technology, engineering, and math are all concrete sciences that move along a linear path without exception. History and individual belief systems are taught in a cursory manner and concentrated on only at certain grade levels.

Without knowing ourselves through honest history, the story of success and failure from both sides of any conflict, we don’t recognize the mistakes that were made in the past, fail to learn from them, and as history has pointed out, repeat them.

History tells us that slavery is a very lucrative business. Profits can be made from the success and failure of a controlled society. Maintaining divisiveness among the masses by concentrating on the physical properties that separate us creates profits for the “hedgehogs” that influence government legislation and spending.

By providing all children in America with an excellent, child centered, developmentally appropriate, experiential, education that is founded in the Arts, delivered by dedicated educators who know and understand how to discover, develop, and direct the gifts and talents of ALL children, in neighborhood schools that are safe and inviting to the community they serve, the citizens of America will unite to form a more perfect union.

Our children deserve a more humane society.

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Language Like Actions Speaks Louder Than Words

Leader: A person who has commanding authority or influence.

Politician: Someone who is active in government usually as an elected official. *From Merriam-Webster on-line dictionary

Leaders are not necessarily politicians and politicians are not necessarily leaders.

When the people elect someone who is active in government we expect them to be leaders because they appear to have influence and command authority when in actuality they are commanded by the influence of corporate authority over federal and state policies and procedures. We must begin to take an active interest in on whose behalf the active individuals in government are acting.

It is incumbent upon the people to know and understand the issues that are brought before our legislature so that we can inform our leaders about how we feel about those issues. When we are silent we consent to whatever legislation invested parties push through.

The Federal and State governments can do nothing without informing and gaining the consent of the people. It used to be a very difficult and timely process to access government information. We live in a time of social media when information can be attained and opinions can be obtained almost instantaneously.

We must begin to take an active interest in the language used to define and structure our system of education.

Our current system defines our children as “disabled” and concentrates on testing them until they find out what is “wrong” with them and then spending countless instructional hours trying to “fix” the “problem”.

It is only when we change our elected leaders to those who believe that ALL children are gifted and talented that we can change the language of Federal and State legislation to concentrate on providing ALL children with a developmentally appropriate, experiential, arts based, education.

It is incumbent upon the people to elect leaders who will speak with their voice to insure that all of our children receive an education that concentrates on discovering, developing, and directing their “gifts and talents” towards becoming knowledgeable and actively engaged citizens of these United States.

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Who’s In The Lead

Leonie Haimson, Executive Director of Class Size Matters, info@classsizmatters.org, lets us know that there is still a great deal of work to be done in an effort to change the system of education so that it concentrates on what is best for the children being educated not those who profit from the inequities in education.

In order to change our current system of education, we must know who our elected leaders are and what departments they influence.

The 114th Congress took office January 6.

Senator Lamar Alexander (TN) is the new chair of the Senate Health, Education, Labor, and Pensions (HELP) Committee
Senator Patty Murray (WA) is the new senior Democrat (“ranking member”)
Senator Thad Cochran (MS) will chair the Senate Appropriations Committee
Senator Barbara Mikulski (MD) will serve as the senior Democrat Representative
John Kline (MN) will remain chairman of the House Education and the Workforce Committee
Representative Bobby Scott (VA) is serving as the new senior Democrat on the Committee
Representative Hal Rogers (KY) will continue to chair the House Appropriations Committee
Representative Nita Lowey (NY) will remain as the senior Democrat

At the State level:

Rich Funke, District 55, and Joe Robach, District 56, are our Senate Representatives with Senator John Flanagan (New York State), Chairman of the Senate Education Committee, committee assignments for the 2015-2016 have not been released.

Louis Slaughter is our House Representative.

Peter Lawrence leads District 134, Mark Johns, District 135, Joe Morelle, District 136, David Gantt, District 137, and Harry Bronson, District 138 are our Assembly Leaders.

To change the minds of our leaders, they must know what we think, believe, and feel strongly about.

There are many education advocates like Ms. Haimson who have worked tirelessly to effect change in our current system of education, with a great many successes.

We must work together, join forces, and change the direction of education so that it concentrates on what is best for children.

Contacting our leaders, especially those at the Federal and State level that work specifically on issues regarding education, is vital.

We must raise our public voice to support our children and their right to an excellent education.

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Regent Knowledge

Regents are responsible for the general supervision of all educational activities within the State, presiding over The University and the New York State Education Department. The Regents. . .chairs are appointed by the Chancellor.

The Board comprises 17 members elected by the State Legislature for 5 year terms: 1 from each of the State’s 13 judicial districts and 4 members who serve at large.

ARTICLE V – OFFICERS AND CIVIL DEPARTMENTS
… The head of the department of education shall be The Regents of the University of the State of New York, who shall appoint and at pleasure remove a commissioner of education to be the chief administrative officer of the department …

ARTICLE XI – EDUCATION
§ 1. [Common schools] The legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated.

§ 2. [Regents of the University] The corporation created in the year one thousand seven hundred eighty-four, (1784). . .

§ 201. [Corporate name and objects] The said corporation shall have power to take, hold and administer real and personal property and the income thereof in trust for any educational, scientific, historical or other purpose within the jurisdiction of the regents of The University of the State of New York.

§ 207. [Legislative power] Subject and in conformity to the constitution and laws of the state, the regents shall exercise legislative functions concerning the educational system of the state, determine its educational policies, and, except, as to the judicial functions of the commissioner of education, establish rules for carrying into effect the laws and policies of the state, relating to education, and the functions, powers, duties and trusts conferred or charged upon the university and the education department.

Established more than one hundred forty years ago the Board of Regents no longer serves the purpose of its intent.

Parents, teachers, and concerned education activists must look seriously at this institution that governs our current system of education.

Our children deserve to have individuals that believe in the gifts and talents of all children directing the course of their educational future.

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What Is And What Should Be

Russell Dennis states in THE ROLE OF THE FEDERAL GOVERNMENT IN PUBLIC EDUCATION IN THE UNITED STATES,

“The Tenth Amendment to the United States Constitution states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Since education is not mentioned in the Constitution, it is one of those powers reserved to the states. Of course, the United States Supreme Court can declare that something not mentioned in the Constitution is so closely related to something that is mentioned in the Constitution that the unmentioned power is a fundamental interest, which rises to constitutional protection. So far, the Supreme Court has not declared that education is a fundamental interest. Thus, states have plenary, or absolute, power in the area of education.”

The New York State Constitution on education reads, “Section 1. The legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated. Approved by vote of the people November 8, 1938

This is why the Federal role in education to the extent that it mandates testing is illegal.

Mandates must be supported by funding. The tax dollars that support that funding support corporate profits.

To Constitutionally guarantee the right of every child in America to a free and public, developmentally appropriate, arts based, experiential education that seeks to discover, develop, and direct the gifts and talents of all children towards becoming knowledgeable, concerned, and involved citizens of these United States is the only way to create change within the system of education.

Federal entitlements under the current system of education wastes billions of tax dollars while creating huge hedge fund opportunities for corporate profit and non-profit organizations.

Changing the language of education allows the government to set a Constitutionally guaranteed base from which States can be held accountable. States then have a similar foundation to which they can hold their LEA’s accountable through funding streams.

Every child in America deserves an excellent education.

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Actions Speak Louder Than Words

District leaders tell parents they want their sincere involvement in their child’s educational life when their actions say, “Put your child safely on the school bus and safely take your child off the bus.”

District leaders know and understand the conditions of poverty. Lack of or insufficient transportation is a condition of poverty.

How can district leaders expect parents to be more sincerely involved when the average household has two children and those two children are bused out of their neighborhood to attend two different schools?.

Because of the “extended day” initiative, schools now provide students with breakfast, lunch, and dinner. From bus entry to bus exit, some children spend more than ten hours a day getting to school and home.

Do district leaders expect parents to use those hours travelling by City transit bus to either or both schools for appointments and events? Are parents paid bus fair to do so? Are they allowed travel expenses on their taxes?

Then, there is the matter of day care and more importantly, the dangers of “latch key” care, for the children of working parents when holidays and vacations interfere with work schedules.

Should district leaders truly be concerned with increasing sincere parental involvement, they would return to the neighborhood schools concept to ease the transportation burdens of impoverished parents.

Adopting a “year round” school schedule would eliminate the cost of daycare and the dangers of “latch key” care and would easily meet the application requirements necessary for Federal, State, and private funding.

The problems inherent in our current system of education are different depending upon where you live. However, there are problems throughout the entire system at every socio-economic level.

All children deserve a better system of education run by leaders who know and understand the stresses of their community and do their best to address them in a fiscally and socially responsible manner.

When we provide an excellent education that concentrates on the gifts and talents of all children we will evolve into a society that knowledgeably and actively engages in their government.

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