Monday, May 20, 2013

Manifesto d'Jour: CyberCrimes, Law, Aspergers and Ethics

Manifesto d'Jour 

April 25, 2013, 10:05:37 AM EDT
Subject: Re: Jude & Jaded

Morning manifesto
April 26, 2013
CyberCrimes, Law, Aspergers, Ethics

DRAFT on me iPhone 10:05am


I do believe that if we can prove CyberBullying  is a crime and that is the only reason I subject myself to the vile messages and images that make me physically ill and nightmares 5 years after it happened. 

If child commits suicide, people get outraged. If aspie gets upset or develops new symptoms or is afraid to seek treatment than it is because we "misread signals" or "have higher rate of depression, anxiety and suicide?" 

I call bullshit. It makes all the more reprehensible. It is criminal negligence if people do not report this kind of behavior. Especially when it is done by people who have a legal "duty to report"

Furthermore, if this causes damage to their ability to use public domain is both illegal under the Federal Communication laws, ADA and 18 USC 1027. 

I lost everything. 

The last 72 hours I regressed into a 22 year old who was willing to risk going blind in one eye than listen to all the morons who tried to bully me into a dangerous situation that is still volatile because it kept me from focusing on what needs to be done and my inability to stop pacing in circles until I wear myself out and fall asleep for few hours. 

I realize and act like a total freak and can hear people whisper or make me feel uncomfortable stimming of repeating phrases to myself to calm prevent winding up in the hospital because I can't handle the noise or bc I don't have comfortable clothes to wear, but I had to go with my gut and realize that if I don't speak up and try to make people understand how much has been lost in that time, they. Win. 

And after so many years, people see posts from five years ago and use it as justification to harass me now. 

I walk a fine line every second of every day. 

Yes, I would rather people see all of the wonderful articles I have written, but instead they see all of the fake d0x and embarrassing letters from my mother doing what Leah is doing to you. 

I know this is long winded and hope you are following the logic, but, as a 40 year old woman with multiple degrees form the Ivy League and a pretty decent résumé my mother claimed me as a dependent on her taxes when I was living on my own for 16 years. She claimed adult dependent child and refused to amend so I could get my benefits reinstated. 

Six months ago she nearly killed me in her 60,000 car and WATCHED as her new (6 foot plus militant new husband) stood over my bed and broke my only lifeline because he did not like my music or the sound of my voice. 

My mother stood in corner and watched and after he leaves tells me, "I'll slap you in the fucking head if I lose my home because of you." 

Then she leaves and I call two NTs in nearby and ask if I can crash for a few days at a hotel to stay safe. 

"'MY SON HAS AUTISM. I CAN'T AFFORD TO blah blah blah" 

In the next breath he posts my name on his website AurismAid.org so he could exploit my work and appear legitimate resource for ASD when they did nothing to help me find resources or job since that would keep me from the brilliant work I did for charity event that never even took place. 

Then, I actually donated $25 to their pseudo charity (anonymous donation but I have receipt) only to find out they are exploiting others with ASD and have no 501c3, business license or accreditation to train people on anything other than how to be a shady, creepy parent who solicits donations on FaceBook for his son who is unable to speak or use toilet at 15 years old. 

I was outraged. I could not believe they were taking advantage of this horrible situation to gain knout and more Leah's to keep tell me that I am the bully when I expose the scam and refuse to approve a PR stunt to gain what he *thinks" is creds and respect for being a hero dad on GMA. 

Well, I don't think that makes a hero or a man if he needs to prey on the weak and the sails using MY words with Obama's face in a PSA. 

I was good enough to;

do the work (for free) 

Get them tons of web traffic to trend on google

Looked good on paper with letters after my name 

had access to people with deep pockets and good PR

Gave them the appearance of "hiring" people with ASD so they could appeal to anti AutismSpeaks crowd

BUT, I wasn't deemed good enough to step in when Obama and Jenny McCarthy declined to make a statement to public about Autism ?? 

When i saw the statement that I made without permission, citation, or credit, I hit the fucking roof. I quit immediately. 

Then I get flood of DMs offering everything money if I went along with the charade promising followers on twitter? 

HELLO? Wake the fuck up. I don't give fuck if you have 10,000 or 200,000 followers who are willing to post bullshit and lies all over the web. 

In fact, the idea that these people are SO pathetic that they need to exert their "influence" using these tactics is so much MORE pathetic, opportunistic, offensive and sad. 

It is totally defeats the purpose because they use that influence to silence anyone who is either brave or stupid enough to stand refuse to comply. 

This is Nazi science 101. 

(Hope You are following thus far because my arms really hurt)

So, I start tweeting (thinking outlod) the way I do when I need to hear click of keyboard and heat my own voice say the words out loud as I pace until they come out sounding just right. 

Gonna have to take break because I have been writing these words and concepts for years and will eventually put the pieces all together if I ever get a computer I can figure out how to use)

I waited, and waited and waited for years to see if anyone would ever see the pain and the logic of this ridiculous role I have taken on and uncover the message I am trying to put out there for future generations when they attempt to make sense out such a "virtual" reality that will either kill me or save me if I can get off this rock (or at times make it through the day without wishing I will find something to make this life worth living again. 

Many people have told me that the world would be better off if I had nerve been born or I would just kill myself since they feel I am less than human and don't deserve to eat or have Internet or medical care since I am  apparently THAT much of a financial burden on society. 

Guess what. Yes, I want to die. Yes I am impulsive, compulsive, and self righteous BUT my logic is flawless given the right tools and opportunity to make my petty existence tolerable on the off chance that future generations or alien life forms will realize that I am different and "crazy" but one hell of a friend when the shit hits the fan. 

I gotta go. I haven't slept more than 4-6 hours since my mother showed up and tried to take me to the ER so she could show off her parenting skills and have one more reason to gain sympathy and jeers from her friends or hit pay dirt and   convince doctors or herself that I am causing her problems and try to stick me in a facility like Credemore so she can collect the insurance she took out on me the day before I moved in. 

Better off dead? Maybe. 

Willing to pull the trigger? Not on your fucking life. I would not give then the satisfaction. 

And for every person who does not stand with me or will use this as more "proof" that I don't deserve to breathe or use the Internet to distract, numb, or inspire others by refusing to just disappear doesn't appreciate what I giving back to anyone who wants to know why I do what I do. 

Over. And over. And over again. Until somebody listens. Or I find another way to entertain myself!!

Yes. I have video. And it ain't pretty after walking home from the hospital in 80 weather wearing black pants and the only sweater that fits. 

 Maybe I'll get online and order myself a pink Tank top off JadedExposure



 
You would think the bastard would give me one for free. But oh no. Can't have the real Elyssa on the air. It would ruin the show if they actually aired my response and statement when I answered the phone and dun. They did not even use block on caller ID.

Those bitches need to die. 


That is the DailyDDoSe April 26, 2013


Just me,

@ELyssaD™

http://elyssadurant.com
http://powersthatbeat.com

^ed 

On Apr 25, 2013, at 7:35 AM, AK wrote:

Yes, it should all be addressed legally. Leah, Heather, Ariane, Ib and others should have criminal records too. Leah should not be allowed to be a teacher running classrooms of kids. But the authorities will never get involved in blog wars and online bullying unless it turns to violent crime. I'd like to make some kind of Internet self-policing system, but I don't know how it would work. I've been so stressed from thinking about all of this that it is hard to concentrate on anything anymore. It is affecting my ability to survive, and they will never be brought to justice.


On 04/24/2013 11:24 PM, Elyssa  wrote:


Just me,

@ELyssaD™

http://elyssadurant.com
http://powersthatbeat.com

^ed 

Begin forwarded message:

From: [omjtted]
Date: April 25, 2013, 1:14:47 AM EDT
To: Elyssa 
Subject: Re: Jude & Jaded

Dear ^ed,

 Yeah, I've seen jaded's crap before. So sorry but this is a form of cyberbullying that should be addressed via legal channels. Ugh! 

Ad hominem attacks are common amongst the idiot set. Hope all is well in your mental universe. These people are nowhere. ;) Be of good cheer?
Luv ya...

Your friends,

V & Krewe

PS: Sorry about the belated response. Haven't been to email for many a day.


On 4/22/13, Elyssa  wrote:
JadedSecurity » Who is Elyssa Durant??
http://jadedsecurity.net/2011/06/20/who-is-elyssa-durant/
Just me,
@ELyssaD™
http://elyssadurant.com
http://powersthatbeat.com
^ed

-- 
“…a statute which either forbids or requires the doing of an act in
terms so vague that men of common intelligence must necessarily guess
at its meaning and differ as to its application violates the first
essential of due process of law.” United States Supreme Court,
Connally v. General Const. Co,. 269 U.S. 385 (1926)

Sunday, May 19, 2013

Educational Law and Policy: Applying Public Funds to Private Schools


 
Evaluating the Paradigm
Elyssa Durant, Ed.M.
Columbia University
 © 2012




Abstract: Examining the Constitutional Merit of Publicly Funded Religious Education in the United States of America. 







Guiding Questions


How can school vouchers reach a balance between serving the public interest and preserving. individual freedoms and rights?

What additional arguments can be presented for against the use of school vouchers for parochial schools? 

How is the issue of school vouchers for sectarian institutions different or similar from issues surrounding prayer in school?

What are the common issues relevant to both Charter schools and voucher programs?













Elyssa Durant, Ed.M.
Columbia University
 © 2012


I have serious concerns regarding the long term outcomes of school choice and voucher programs, exacerbate the inequality between the rich and the poor. 

I believe that healthcare and education are both social goods and have serious concerns about letting the free-market run amok during such a critical point in history.  I do not feel it is wise to allow for-profit market forces to dictate the any public good when natural rights are at stake.  The shortcomings of the Medicaid managed care programs, Medicare supplemental insurance policies, and demonstration projects such as the privatization of prisons provide sufficient evidence of the dangers of profit driven corporations in American culture. 

Corporate scandals with food and other suppliers contracted by the Board of Education in New York City provides an excellent example of how easy it is to manipulate funds away from the target recipients. 

One such example would be private managed healthcare companies offering gifts to boost enrollment by enticing desperate Medicaid recipients to join their plans.  

I find this marketing strategy offensive when we are dealing with a social good albeit healthcare or education.  Vulnerable populations are frequently exploited through corporate contracts, and there is little reason to believe that for-profit conglomerates would treat public schools or economically disadvantaged students and families otherwise.

Arguments on both sides of the school voucher issue are very similar to those presented for and against Charter Schools and free-market school choice.  Smrekar (1998) presents four key issues that have been at the center of the school choice debate:  (1) economic; (2) political; (3) social justice; and; (4) pedagogical. 

The economic argument in favor of school choice points out that our current public education system resembles a monopoly.  Proponents argue that the introduction of choice into the educational marketplace will promote competition and force schools with poor performance records to improve or close (Friedman, 1968).  

The political argument is centered on the democratic ideal that the freedom to choose where your child attends school is a fundamental right.  The political argument also triggers strong feelings about the role of education in a democratic society.  There are those who feel that the public school is intended, at least in part, to create a common set of core values that is best served by the public sector. At the core of the political school choice argument is a debate regarding the benefits of providing a common set of experiences in a democracy versus promoting individual choice and liberty (Smrekar, 1998).  This issue, while not dead, was challenged in 1925 when the Supreme Court ruled in Pierce v. Society of Sisters (268 U.S. 510 (1925)) in favor of parents who sent their children to private school.  This argument continues today and is at the center of both school choice and curriculum debates.  

 The social justice argument is a bit more complicated and there is little agreement on any front. Proponents argue that school choice empowers the poor to participate in the education of their children by giving them the same options available to wealthier families in the United States.  According to a 1997 poll in USA Today, 47% of parents would send their children to private schools if they had the financial resources (Doyle, 1997). 

Information is an essential component to any school choice program.  In order to ensure social equity in school choice programs we need to be sure that the poor are fully informed of their choices and are not taken advantage of in the open market.  It is believed that the act of choosing has positive effects on the school environment and promotes parental involvement in their children’s education (Doyle, 1997).  Additional components of the social justice argument have focused on the nuts and bolts of choice programs, and point out how there are several different ways that choice programs may (wittingly or unwittingly) promote social inequity (Cookson, 1995).  Such arguments focus on transportation problems, admissions policies, the availability of information, and how we define “choice” and implement policies regulating recruitment, enrollment and performance of participating schools, (Cookson, 1995; 1997).  

The pedagogical argument points out that school choice programs are better suited for the individual needs inherent to a pluralistic society.  Although some feel there is value in providing core curriculum and a common set of basic skills, there is a current trend towards specialty schools that focus on the arts and sciences, technology, vocational training, etc.  Educators look towards successful magnet schools as examples of the pedagogical success that demonstrated the importance of school choice and parental involvement as indicators of educational outcomes.  Some educators fear that the introduction of school choice and voucher plans would prompt the best students to leave public schools and that this would have a negative effect on the overall climate of public classrooms.
There are several different types of voucher programs, but the one which raises the most questions are voucher programs that give qualified individuals the choice to attend parochial schools.  Traditional arguments against this type of school voucher program have focused on the Constitutionality of using state funds for sectarian institutions.

Historically, the church had a key role in the education of children in America.  During the National Period (1780-1830), churches were used to educate children, and the King James Bible was used as a reader in these classrooms (Smrekar, 1998).  Derek Neal (1997) points out that much of the current sentiment against Catholic schools is not a reflection of their excellent performance record, but rather an indication of the anti-Catholic sentiment which swept the country during the late part of the 19th Century (Neal, 1997).  Neal argues that until that point, there was no contest to religious education as long as it was Protestant.   

Catholic schools have traditionally served the children of the working class.  They were a major socializing force earlier in the century and continue to succeed with children who might otherwise fall through the cracks in public schools.  Despite tapering enrollment, Catholic schools remain a viable force in the private sector providing a reasonably priced private education to American children.  Neal conducted a study that looked at the graduation rates of minority children attending Catholic schools compared with children attending public schools in the inner cities.  Controlling for demographic variables, (parent’s education, parent’s occupation, family structure, and reading materials at home) closer analysis revealed graduation rates for urban minorities are 26% higher in Catholic schools compared with public schools in the same communities.  Although Neal found similar benefits for whites and in suburban communities, this effect was most profound for urban minorities.

Other studies have focused on identifying the qualities that make Catholic schools successful.  A number of factors have been identified by Bryk and Lee, including active parental participation and the benefits of school choice in creating an inclusive community which fosters a common set of values and ideals (Bryk & Lee, 1995).  Interestingly, the very same variables found to enhance the performance of Catholic school students are remarkably similar to the reported benefits of magnet schools and choice programs.  Despite the excellent performance records of Catholic schools, there are currently no voucher programs that allow parochial schools to participate in state funded voucher programs.  

The reason for this is quite simple, but not necessarily correct or in the best interest of our children.  The Establishment Clause of the First Amendment of the United States Constitution prohibits the use of public funds in religious institutions.  However, it can also be argued that it is unconstitutional to exclude parochial schools from voucher systems because it violates the student’s free expression of religion.  In addition, voucher programs require a conscious decision on the part of the student and the parent.  The state does not enforce a blanket endorsement of any one religion.  I use Catholic schools as an example because they represent the majority of parochial schools in urban America.
 
Voucher programs typically undergo strict scrutiny for all four reasons mentioned above, but this issue is especially true of any choice or voucher program that channels funds into Parochial schools.  For this reason, Catholic schools and other schools with religious affiliations have been excluded from voucher plans up until this point.  It is not politically viable to institute a choice or voucher program at any level (at the district, state or national level) since similar plans have historically presented long-standing, hard-fought, legal challenges to the Establishment Clause of the First Amendment of the United States Constitution.  

Since the Supreme Court has not ruled on this issue, most challenges up until this point have taken place in state courts_.  These state decisions have been split, and while there are a few voucher programs operating in Wisconsin and Ohio, neither permits sectarian schools to participate in their programs.  Milwaukee designed a voucher system that included parochial schools in 1995 but later revised their proposal after the Wisconsin Supreme Court issued a temporary injunction against expansion into religious schools (Kremerer & King, 1995).

School choice programs that involve vouchers have not been tested in the Supreme Court, but there is a long history of court cases that challenge the flow of money from the public sector into private, sectarian institutions.  The recent pattern of Supreme Court rulings has lead some legal scholars (Kemerer & King, 1995) to conclude that school vouchers would pass constitutional muster under the following circumstances:

Provides payments in the form of scholarships to parents of school age children
Allows parents to choose among a variety of public and private sectarian and nonsectarian schools for their children
Gives no preference to sectarian private institutions


Voucher programs up until this point have encountered substantial resistance from the legal community and a number of civil rights and political organizations.  This becomes more pronounced when the voucher model includes sectarian institutions in the model plan and state court rulings have been inconsistent in decisions surrounding the constitutionality of voucher programs. 

The definitive case regarding school voucher programs is Lemon v. Kurtzman (403 U.S. 602 (1971)).  The Court’s ruling in Lemon was based on three components that came to be known as the “Lemon Test”.   The Lemon Test applies the following to any Constitutional challenge of the Establishment Clause:

The government action must have a secular purpose
The primary effect must neither advance, nor inhibit religion
It must not result in excessive governmental entanglement with religion


Since voucher programs do not generally provide support directly to the institution, individual freedom and choice remain intact.  Individual families are empowered by educational vouchers since they choose the school and religion appropriate for them.  Qualified schools are not determined by religious affiliation and all schools are required to adhere to state and federal regulations which increases accountability.  Similar issues came before the courts in Pierce v. Society of Sisters (268 U.S. 510 (1925)) as well, however Lemon v. Kurtzman (403 U.S. 602 (1971)) is considered to be both the landmark and test case currently before the courts.

The reason for this is quite simple, but not necessarily correct or in the best interest of our children.  The Establishment Clause of the First Amendment of the United States Constitution prohibits the use of public funds in religious institutions.  However, it could also be argued that it is unconstitutional to exclude parochial schools from voucher systems because it violates the free expression of religion.  In addition, voucher programs require a conscious decision on the part of the student and the parent.  The state does not enforce a blanket endorsement of any one religion.  I use Catholic schools as an example because they represent the majority of parochial schools in urban America.
 
Teacher’s unions are resistant to bring in a new system that has the potential to upset their job status and security. It will likely be a number of years before we truly understand the effects of magnet schools and can evaluate the implementation of school choice programs that are already in place.  Because we are dealing with such an essential human, social good, it is my recommendation that we do not implement a large scale voucher program until issues of access and equity are resolved on other public fronts.  We must ensure real choices for the students and families who are not information savvy and may be limited in their ability to recognize the real value of their options. We must find a way to ensure the equitable distribution of resources so that education truly does will empower the poor. 


Is the time right to apply the Lemon Test to school vouchers?   You decide.







References


Cookson, P.W., Jr. (1994).  School choice: The struggle for the soul of American education.  New Haven: Yale University Press.

Cookson, P.W., Jr. (1995).   ERIC Digests: School Choice.

Doyle, D.P.  (1997). Vouchers for religious schools.  Public Interest, 127, 88-95.

Haynes, C.C. (1993).  Beyond the culture wars.  Educational Leadership, 51(4), 30-34.

Houston, P.D. (1993).  School vouchers: The latest California joke.  Phi Delta Kappan, 75(4), 61-64.
  
Kremerer, F.R. & King, K.L.  (1995).  Are school vouchers Constitutional?   Phi Delta Kappan, 77(1), 307-311.

Kremerer, F.R. (1995).  The Constitutionality of school vouchers.  West’s Education Law Reporter, 101 Ed. Law Rep. 17.

Kremerer, F.R. (1997).  State Constitutions and school vouchers.  West’s Education Law Reporter, 120 Ed. Law Rep. 1.

Neal, D.  (1997).  Measuring Catholic school performance. Public Interest, 127, 81-87.


 
Evaluating the Paradigm
Elyssa Durant, Ed.M.
Columbia University
 © 2012




Abstract: Examining the Constitutional Merit of Publicly Funded Religious Education in the United States of America. 







Guiding Questions


How can school vouchers reach a balance between serving the public interest and preserving. individual freedoms and rights?

What additional arguments can be presented for against the use of school vouchers for parochial schools? 

How is the issue of school vouchers for sectarian institutions different or similar from issues surrounding prayer in school?

What are the common issues relevant to both Charter schools and voucher programs?













Elyssa Durant, Ed.M.
Columbia University
 © 2012


I have serious concerns regarding the long term outcomes of school choice and voucher programs, exacerbate the inequality between the rich and the poor. 

I believe that healthcare and education are both social goods and have serious concerns about letting the free-market run amok during such a critical point in history.  I do not feel it is wise to allow for-profit market forces to dictate the any public good when natural rights are at stake.  The shortcomings of the Medicaid managed care programs, Medicare supplemental insurance policies, and demonstration projects such as the privatization of prisons provide sufficient evidence of the dangers of profit driven corporations in American culture. 

Corporate scandals with food and other suppliers contracted by the Board of Education in New York City provides an excellent example of how easy it is to manipulate funds away from the target recipients. 

One such example would be private managed healthcare companies offering gifts to boost enrollment by enticing desperate Medicaid recipients to join their plans.  

I find this marketing strategy offensive when we are dealing with a social good albeit healthcare or education.  Vulnerable populations are frequently exploited through corporate contracts, and there is little reason to believe that for-profit conglomerates would treat public schools or economically disadvantaged students and families otherwise.

Arguments on both sides of the school voucher issue are very similar to those presented for and against Charter Schools and free-market school choice.  Smrekar (1998) presents four key issues that have been at the center of the school choice debate:  (1) economic; (2) political; (3) social justice; and; (4) pedagogical. 

The economic argument in favor of school choice points out that our current public education system resembles a monopoly.  Proponents argue that the introduction of choice into the educational marketplace will promote competition and force schools with poor performance records to improve or close (Friedman, 1968).  

The political argument is centered on the democratic ideal that the freedom to choose where your child attends school is a fundamental right.  The political argument also triggers strong feelings about the role of education in a democratic society.  There are those who feel that the public school is intended, at least in part, to create a common set of core values that is best served by the public sector. At the core of the political school choice argument is a debate regarding the benefits of providing a common set of experiences in a democracy versus promoting individual choice and liberty (Smrekar, 1998).  This issue, while not dead, was challenged in 1925 when the Supreme Court ruled in Pierce v. Society of Sisters (268 U.S. 510 (1925)) in favor of parents who sent their children to private school.  This argument continues today and is at the center of both school choice and curriculum debates.  

 The social justice argument is a bit more complicated and there is little agreement on any front. Proponents argue that school choice empowers the poor to participate in the education of their children by giving them the same options available to wealthier families in the United States.  According to a 1997 poll in USA Today, 47% of parents would send their children to private schools if they had the financial resources (Doyle, 1997). 

Information is an essential component to any school choice program.  In order to ensure social equity in school choice programs we need to be sure that the poor are fully informed of their choices and are not taken advantage of in the open market.  It is believed that the act of choosing has positive effects on the school environment and promotes parental involvement in their children’s education (Doyle, 1997).  Additional components of the social justice argument have focused on the nuts and bolts of choice programs, and point out how there are several different ways that choice programs may (wittingly or unwittingly) promote social inequity (Cookson, 1995).  Such arguments focus on transportation problems, admissions policies, the availability of information, and how we define “choice” and implement policies regulating recruitment, enrollment and performance of participating schools, (Cookson, 1995; 1997).  

The pedagogical argument points out that school choice programs are better suited for the individual needs inherent to a pluralistic society.  Although some feel there is value in providing core curriculum and a common set of basic skills, there is a current trend towards specialty schools that focus on the arts and sciences, technology, vocational training, etc.  Educators look towards successful magnet schools as examples of the pedagogical success that demonstrated the importance of school choice and parental involvement as indicators of educational outcomes.  Some educators fear that the introduction of school choice and voucher plans would prompt the best students to leave public schools and that this would have a negative effect on the overall climate of public classrooms.
There are several different types of voucher programs, but the one which raises the most questions are voucher programs that give qualified individuals the choice to attend parochial schools.  Traditional arguments against this type of school voucher program have focused on the Constitutionality of using state funds for sectarian institutions.

Historically, the church had a key role in the education of children in America.  During the National Period (1780-1830), churches were used to educate children, and the King James Bible was used as a reader in these classrooms (Smrekar, 1998).  Derek Neal (1997) points out that much of the current sentiment against Catholic schools is not a reflection of their excellent performance record, but rather an indication of the anti-Catholic sentiment which swept the country during the late part of the 19th Century (Neal, 1997).  Neal argues that until that point, there was no contest to religious education as long as it was Protestant.   

Catholic schools have traditionally served the children of the working class.  They were a major socializing force earlier in the century and continue to succeed with children who might otherwise fall through the cracks in public schools.  Despite tapering enrollment, Catholic schools remain a viable force in the private sector providing a reasonably priced private education to American children.  Neal conducted a study that looked at the graduation rates of minority children attending Catholic schools compared with children attending public schools in the inner cities.  Controlling for demographic variables, (parent’s education, parent’s occupation, family structure, and reading materials at home) closer analysis revealed graduation rates for urban minorities are 26% higher in Catholic schools compared with public schools in the same communities.  Although Neal found similar benefits for whites and in suburban communities, this effect was most profound for urban minorities.

Other studies have focused on identifying the qualities that make Catholic schools successful.  A number of factors have been identified by Bryk and Lee, including active parental participation and the benefits of school choice in creating an inclusive community which fosters a common set of values and ideals (Bryk & Lee, 1995).  Interestingly, the very same variables found to enhance the performance of Catholic school students are remarkably similar to the reported benefits of magnet schools and choice programs.  Despite the excellent performance records of Catholic schools, there are currently no voucher programs that allow parochial schools to participate in state funded voucher programs.  

The reason for this is quite simple, but not necessarily correct or in the best interest of our children.  The Establishment Clause of the First Amendment of the United States Constitution prohibits the use of public funds in religious institutions.  However, it can also be argued that it is unconstitutional to exclude parochial schools from voucher systems because it violates the student’s free expression of religion.  In addition, voucher programs require a conscious decision on the part of the student and the parent.  The state does not enforce a blanket endorsement of any one religion.  I use Catholic schools as an example because they represent the majority of parochial schools in urban America.
 
Voucher programs typically undergo strict scrutiny for all four reasons mentioned above, but this issue is especially true of any choice or voucher program that channels funds into Parochial schools.  For this reason, Catholic schools and other schools with religious affiliations have been excluded from voucher plans up until this point.  It is not politically viable to institute a choice or voucher program at any level (at the district, state or national level) since similar plans have historically presented long-standing, hard-fought, legal challenges to the Establishment Clause of the First Amendment of the United States Constitution.  

Since the Supreme Court has not ruled on this issue, most challenges up until this point have taken place in state courts_.  These state decisions have been split, and while there are a few voucher programs operating in Wisconsin and Ohio, neither permits sectarian schools to participate in their programs.  Milwaukee designed a voucher system that included parochial schools in 1995 but later revised their proposal after the Wisconsin Supreme Court issued a temporary injunction against expansion into religious schools (Kremerer & King, 1995).

School choice programs that involve vouchers have not been tested in the Supreme Court, but there is a long history of court cases that challenge the flow of money from the public sector into private, sectarian institutions.  The recent pattern of Supreme Court rulings has lead some legal scholars (Kemerer & King, 1995) to conclude that school vouchers would pass constitutional muster under the following circumstances:

Provides payments in the form of scholarships to parents of school age children
Allows parents to choose among a variety of public and private sectarian and nonsectarian schools for their children
Gives no preference to sectarian private institutions


Voucher programs up until this point have encountered substantial resistance from the legal community and a number of civil rights and political organizations.  This becomes more pronounced when the voucher model includes sectarian institutions in the model plan and state court rulings have been inconsistent in decisions surrounding the constitutionality of voucher programs. 

The definitive case regarding school voucher programs is Lemon v. Kurtzman (403 U.S. 602 (1971)).  The Court’s ruling in Lemon was based on three components that came to be known as the “Lemon Test”.   The Lemon Test applies the following to any Constitutional challenge of the Establishment Clause:

The government action must have a secular purpose
The primary effect must neither advance, nor inhibit religion
It must not result in excessive governmental entanglement with religion


Since voucher programs do not generally provide support directly to the institution, individual freedom and choice remain intact.  Individual families are empowered by educational vouchers since they choose the school and religion appropriate for them.  Qualified schools are not determined by religious affiliation and all schools are required to adhere to state and federal regulations which increases accountability.  Similar issues came before the courts in Pierce v. Society of Sisters (268 U.S. 510 (1925)) as well, however Lemon v. Kurtzman (403 U.S. 602 (1971)) is considered to be both the landmark and test case currently before the courts.

The reason for this is quite simple, but not necessarily correct or in the best interest of our children.  The Establishment Clause of the First Amendment of the United States Constitution prohibits the use of public funds in religious institutions.  However, it could also be argued that it is unconstitutional to exclude parochial schools from voucher systems because it violates the free expression of religion.  In addition, voucher programs require a conscious decision on the part of the student and the parent.  The state does not enforce a blanket endorsement of any one religion.  I use Catholic schools as an example because they represent the majority of parochial schools in urban America.
 
Teacher’s unions are resistant to bring in a new system that has the potential to upset their job status and security. It will likely be a number of years before we truly understand the effects of magnet schools and can evaluate the implementation of school choice programs that are already in place.  Because we are dealing with such an essential human, social good, it is my recommendation that we do not implement a large scale voucher program until issues of access and equity are resolved on other public fronts.  We must ensure real choices for the students and families who are not information savvy and may be limited in their ability to recognize the real value of their options. We must find a way to ensure the equitable distribution of resources so that education truly does will empower the poor. 


Is the time right to apply the Lemon Test to school vouchers?   You decide.







References


Cookson, P.W., Jr. (1994).  School choice: The struggle for the soul of American education.  New Haven: Yale University Press.

Cookson, P.W., Jr. (1995).   ERIC Digests: School Choice.

Doyle, D.P.  (1997). Vouchers for religious schools.  Public Interest, 127, 88-95.

Haynes, C.C. (1993).  Beyond the culture wars.  Educational Leadership, 51(4), 30-34.

Houston, P.D. (1993).  School vouchers: The latest California joke.  Phi Delta Kappan, 75(4), 61-64.
  
Kremerer, F.R. & King, K.L.  (1995).  Are school vouchers Constitutional?   Phi Delta Kappan, 77(1), 307-311.

Kremerer, F.R. (1995).  The Constitutionality of school vouchers.  West’s Education Law Reporter, 101 Ed. Law Rep. 17.

Kremerer, F.R. (1997).  State Constitutions and school vouchers.  West’s Education Law Reporter, 120 Ed. Law Rep. 1.

Neal, D.  (1997).  Measuring Catholic school performance. Public Interest, 127, 81-87.






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Saturday, May 4, 2013

UNWRITTEN: Un-entitled © 2007

Un-entitled by CG © 2007-2013
(former client of mine... patient journal)

Here I lay in my hospital bed,
My mind is lost, my heart is dead.

Please don’t feel my life is pain.
My shirt is marked with a big red stain.

I kept it real by the marks on me,
I have more emotions than there are fish in the sea.

Turned all around at break neck speed,
Just a little serenity is all I need.

When it comes to crazy, I do it great,
But when I find my mind it will be too late.

I can’t really tell you exactly how I feel,
Until I find out the wounds will never heal.





“The paradox of education is precisely this— that as one begins to become educated, one begins to examine the society in which  he [or she] is being educated.” - Baldwin