{"id":32,"date":"2011-04-07T07:59:44","date_gmt":"2011-04-07T12:59:44","guid":{"rendered":"http:\/\/bakeramitchell.com\/?p=32"},"modified":"2011-04-07T07:59:44","modified_gmt":"2011-04-07T12:59:44","slug":"170-elected-reps-bow-to-11-appointees","status":"publish","type":"post","link":"https:\/\/bakeramitchelljr.com\/index.php\/2011\/04\/07\/170-elected-reps-bow-to-11-appointees\/","title":{"rendered":"170 Elected Reps Bow to 11 Appointees"},"content":{"rendered":"

Some legislators wanted to enact a law that\u00a0would make\u00a0charter schools independent of the State Board of Education (SBE).\u00a0 After all, that was the reason for charter schools in the first place…North Carolina’s K-12 education system under the SBE has been a dismal failure despite heroic efforts by many teachers and administrators.<\/p>\n

According to government data, NC ranks 46th in graduation rate, 3rd in expulsions, the instruction techniques taught in the state’s ed schools are failing our miniority and low-income students, and our teacher preparation is graded a “D” by the National Council of Teacher Quality.\u00a0 All overseen by the SBE.<\/p>\n

But when the legislators wanted to allow charters to operate without answering to the SBE and its failed policies, the SBE threatened a lawsuit on constitutional grounds.\u00a0 They want to maintain their strangle hold on charters, and their suit was to be based on Article 9 Section 5 which states:<\/p>\n

Sec. 5.\u00a0 Powers and duties of Board.
\n<\/strong>The State Board of Education shall supervise and administer the free public school system and the educational funds provided for its support, except the funds mentioned in Section 7 of this Article, and shall make all needed rules and regulations in relation thereto, subject to laws enacted by the General Assembly.<\/strong><\/em><\/p>\n

The mighty North Carolina House and Senate – 170 elected<\/em> representives – demured without even a whimper to the 11 appointed<\/em> members of the State Board of Education (SBE). The 170\u00a0have skipped out on their duty to the people under\u00a0the mumbled threat\u00a0of a legal\u00a0challenge to their proposed law by the 11 appointees who say that Section 5 requires them to\u00a0“supervise and administer”\u00a0everything, regardless of the law.<\/p>\n

The\u00a0General Assembly of 170 elected representatives is conceding its power without an argument to the 11 appointees.\u00a0The GA says that\u00a0the ending phrase of Sec. 5 after the comma may <\/strong><\/em>be construed by a judge to apply only to the last part of the predicate and not to the\u00a0subject and sentence as a whole.\u00a0 And, my goodness, we wouldn’t want any disagreements in Raleigh, would we! Can’t we all just get along?<\/p>\n

One wonders\u00a0why the GA bothered to pass the 350 pages of GS 115C if its 170 elected members concede that it is powerless to stop the jugganaut of 11 appointees at the mere hint of a concocted constitutional challenge,\u00a0 Why does the SBE willingly\u00a0supervise and administer\u00a0subject to\u00a0these laws enacted by the GA but threaten suit in the case of another proposed enactment.<\/p>\n

http:\/\/www.ncleg.net\/gascripts\/statutes\/StatutesTOC.pl?Chapter=0115C<\/a><\/p>\n

Our education system impacts 1,500,000 children and spends over half our state’s revenue – $11 billion or so.\u00a0 As mentioned, it ranks 46th in the nation in high-school graduation rates and 3rd in expulsions and suspensions.\u00a0 Over half our minority males never graduate from high school and 25,000 children drop out of school every year.<\/p>\n

Who utmately controls this currently non-functioning behemoth? The SBE or the GA? The answer to this question\u00a0is important, and we should not be skipping out on a final resolution to the issue through fear of what a judge might rule.<\/p>\n

But a layman’s analysis could be interesting…<\/p>\n

YT is not a judge. YT\u00a0was not even an English major.\u00a0 He are a injunear and messes with compooters; but he did have some of the meanest high-school English teachers on the planet 55 years ago. References to several (more recent) textbooks\u00a0reveal the following.<\/p>\n

Participles modifying the subject <\/span>may be placed at the beginning (P, S V) of a sentence, between the subject and verb (S, P, V) of a sentence, or at the end of a sentence (S V, P).\u00a0It is\u00a0always set off by one or two commas.<\/em><\/span> <\/em><\/span><\/span><\/div>\n
[The intent of amending the constitution in 1971 by adding this participle phrase was to place the SBE under the GA. The phrase could have been placed in any of the three positions without changing the intent. ]<\/span><\/span><\/div>\n
Non-restrictive phrases are also set off with commas, but the rule is that non-restrictive phrases can be removed entirely without changing the meaning. Because all words in a constituion must be construed to have meaning, it doesn\u2019t follow that\u00a0the phrase\u00a0was intended to be non-restrictive and thus could be removed. If the intent was to only modify the last verb phrase, then the comma would have been omitted<\/em><\/span> making it a restrictive phrase modifying only the last verb phrase.<\/span> <\/span><\/span><\/span><\/span><\/div>\n

Examples:<\/span><\/span><\/p>\n

1a. John shoveled the walk and made a snowman accompanied by his son. [restrictive phrase modifying last verb \u2013 no comma ] Means that\u00a0son\u00a0only helped with the snowman.
\n2a. John shoveled the walk and made a snowman, accompanied by his son. [ S V, P. ] Means that son did both.
\n2b. John, accompanied by his son, shoveled the walk and made a snowman. [S, P, V. ]
\nMeans that son did both.
\n2c. Accompanied by his son, John shoveled the walk and made a snowman. [P, S V. ] Means that son did both.<\/span><\/p>\n

1a. The directors must oversee the company and devise policies subject to current market conditions. [restrictive phrase modifying last verb \u2013 no comma] Means that only the devised policies must be subject to the market conditions.
\n2a. The directors must oversee the company and devise policies, subject to current market conditions. [ S V, P. ]\u00a0 Means that directors must observe the market in both overseeing and in policy making.
\n2b. The directors, subject to current market conditions, must oversee the company and devise policies. [S, P, V. ] ditto
\n2c. Subject to current market conditions, the directors must oversee the company and devise policies. [P, S V. ] ditto<\/span><\/p>\n

Decide for yourself.\u00a0 And maybe a judge would disagree, but we at least should have the opportunity to find out if the SBE is subject to the GA.<\/em><\/p>\n

And here’s another example for all you donkeys…<\/p>\n