Education: Everyone’s “bag”

Education is always a hot topic in the Legislature and this year is no exception.  Issues such as how to keep our students safe, how to best educate them with the funding provided, what and what not to teach them, class size…..the list is overwhelming.  The education of our children is and should be high on the list of  priorities.  Here is a look at what’s shaking in Utah’s Education Legislation:

HB72 Utah School Seismic Hazard Inventory addresses the big safety issue – earthquake-proofing school buildings because it’s just a matter of time before the “Big One” hits.  To that end, experts say a “to-do” list is imperative.

An informal survey four years ago found that 58 percent of about 800 school buildings were constructed before the modern seismic standards started being used in the mid-1970’s. With about 560,000 students in public and charter school buildings, assessing earthquake-worthiness and tackling a statewide to-do list is urgent, earthquake experts say.

“It’s critical,” said Roger Evans, chairman of the Utah Seismic Safety Commission, “because you can see what happened in Haiti and Chile can happen on the Wasatch Front someday when we have the Big One. It’s a real issue for all our school kids.”

The possibility that an earthquake could kill Utah schoolchildren has always been on the radar for commission members, but it became grimly real when members studied video of schools crumbling in the Sichuan Province earthquake of 2008.

(Salt Lake Tribune)

The bill did not pass the House last week because some lawmakers are hesitant to spend the extra money, even though it has been pointed out that funds were used recently to upgrade the State Capitol Building to seismic standards.

Salt Lake Tribune Columnist Paul Rolley highlights the provision in HB355 Legal Guardianship Amendments which addresses a school’s rights to challenge a guardianship of students:

During a year when public schools face tens of millions of dollars in shortfalls, the Utah House of Representatives passed a bill that helps ensure out-of-state youth hockey players get a free education here at an estimated cost to Utah taxpayers of $500,000 to $1 million.

HB355, which would make it more difficult for a school district to challenge a legal guardianship in court, was sponsored by Rep. Stephen Sandstrom, R-Orem, whose son is a member of the Chadders Hockey Club, a main backer of the bill.

With the benign title of “Guardianship Amendments,” it moved stealthily through the House and now is in the Senate.

Read the rest of his post here.

Utah Moms Care, a blog dedicated to civil discourse on issues that affect Utah families, has a post on the Education Budget here, where they have this to say about HB166 Reductions to Education Mandates:

HB 166 Reduction to Education Mandates by Rep. Dougall is a mixed bag. The bill gives local school boards and charter schools more options to consider by making some education mandates optional for the next two years. For example, school districts will be exempt from administering the 10th grade basic skills competency test for the next 2 years. This is also the bill that pushes the busing boundaries out to 3 miles for a secondary school. That does not mean that if you live within the 3 mile radius that all bus service will be stopped, it only dictates that state money cannot be spent on routes within a 3 mile range – school districts will have to cover the cost of areas closer to the school.

The Utah Association of Public Charter Schools has posted a list of bills its members are supporting:

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The Answer to Solving Problems? Criminalize Everything!

HB462 Criminal Homicide and Abortion Revisions, the replacement bill for HB12 Criminal Homicide and Abortion Amendments, passed both the House and the Senate yesterday on The Hill.  The bill is headed to the Governor’s desk for signing on Monday.

The news has hit the New York Times and Ms. Magazine (which references Utah Legislature Watch).

The bill’s original language was amended to take out the word “reckless”

…. in reference to behavior but retains “intentional” acts by the woman that cause an abortion as grounds for a charge of aggravated murder.

The measure doesn’t change the state’s legal abortion statutes but establishes Utah as the only state to set parameters on when a woman can be held criminally responsible for causing the end of a pregnancy at her own hand or means outside a doctor’s care.

(Deseret News)

The bill’s sponsor, Rep. Carl Wimmer, R-Herriman, expressed that interpretations of the bill’s language were “fabrications”.

Rep. Carl Wimmer, R-Herriman, said his original bill was designed to go after mothers who recklessly use illegal drugs and lose their fetus and insisted that claims it could extend more broadly were “an absolute farce and a lie.”

“The rumors,” he said, “that this bill allowed women to be charged for slipping on ice or driving down the road without her seat belt and getting in an accident: total fabrication.”

(Salt Lake Tribune)

Wimmer drafted the bill in response to an incident involving a 17 year old pregnant woman who paid a man to beat her until she miscarried (the fetus survived and has been adopted)

Democrats in the legislature are still wary about the bill:

Democrats commended Wimmer for revising his bill, but many remain unconvinced the legislation is needed at all. Democratic Representative Brian King said empowering the state to “poke around in the bedrooms and doctor’s offices” of Utahns runs counter to the Legislature’s conservative nature.

 

“You know, sometimes I think the disconnect between our words, and what we claim are our stated beliefs and what we do are so great that we ought to treat some of our members for whiplash. It’s that, there’s that big a gap,” said King.

(KCPW)

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Utah Citizens Organize “Clean Air” Rally

There will be a “Rally for Clean Air”  on the Steps on the South Side of the Utah State Capitol, Wednesday, March 10, 2010 from 3-4pm.  The rally will be an effort to get legislators to reconsider their positions on HJR 12 Climate Change Resolution and HJR 21 Joint Resolution on Energy Policy.  Organizer Drew Thompson sent out this announcement today:

The Legislature has had its say, now it’s our turn. Despite our phone calls, letters, emails, and testimonies HJR 12 passed resoundingly in both the House and Senate, and HJR 21 is well on its way to the same fate.

This complete disregard of both science and the economic and environmental future of our state demands our protest. Utilize your right to assemble and join all those who still reject scientific half-truths and scare tactics in favor of reason and justice.

We will be rallying on the steps of the Utah State Capitol on Wednesday, March 10 at 3:00 pm. Former SLC Mayor Rocky Anderson, BYU Geologist Barry Bickmore, Senate Minority Leader Pat Jones, and U of U Sociology Professor Andrew Jorgenson will be speaking at the event.

Bring picket signs, bring your friends, and ride your bike.

Check out the event “Clean Air Rally” at http://www.facebook.com/event.php?eid=376479900791.

View previous posts on these two Resolutions here.

(cross-posted to Utah Legislature Watch)

Rep. Christine Johnson, open Lesbian lawmaker, announces exodus from state

This is a sad day for Utah politics.

Rep. Christine Johnson, D-Salt Lake, has announced her intentions to leave the state of Utah.  The announcement appeared in today’s Daily Herald.

“To me, Utah doesn’t feel like home,” said Johnson, D-Salt Lake City, on Thursday.

Her announcement came as a surprise to many, but Johnson, an open lesbian carrying a surrogate baby for two gay men, said the state is well-equipped to keep up the fight for gay rights.

Johnson took heat from many in the gay community at the beginning of the legislative session for a deal she hammered out with Sen. Howard Stephenson, R-Draper, to have both sides put discrimination-related bills away for a year to see how an anti-discrimination ordinance works in Salt Lake City.

Johnson told the Salt Lake Tribune of her disenchantment with the Utah Legislature:

"For the past four years, I have stood with my colleagues each morning of the session, placed my hand over my heart and pledged ‘liberty and justice for all,’ " she said in a statement, "and yet repeatedly witnessed blatant disregard of those so in need of equal protections in the name of ‘family values.’ "

This is the 2nd resignation in 3 months from a Utah politician representing the LGBT community.  Former Utah Senator Scott McCoy, D-Salt Lake District 2, Utah’s first openly gay senator, announced his resignation from politics on December 9, 2009.

Rep. Johnson honored Utah’s LGBT veterans at this press conference a few months ago where she announced a resolution on repealing the  “Don’t Ask Don’t Tell” policy for LGBT citizens who wish to join the military.
 

The Hill, the LGBT community, and all citizens in Utah will miss Rep. Johnson’s fortitude, bravery, compassion and voice.

Read posts on Utah Legislature Watch involving Rep. Johnson here.

(cross-posted to Utah Legislature Watch)

ACLU of Utah on SB 277: More Violations of 4th Amendment Rights

SB 277 DNA Modifications proposes to collect DNA samples of individuals arrested for violent felonies.

The key concept here that is not being considered, it appears, is the difference between being arrested and convicted.  It looks like “innocent until proven guilty” has no bearing on this at all.

Fox News carried a piece on the bill here.

The ACLU of Utah opposes the expansion of DNA databanks to include those merely charged with certain types of crimes:

There is a vast difference between using DNA as a tool in investigations – both to catch the guilty and exonerate the wrongly accused – and
permanently storing the most intimate biological information of persons who have not been convicted of any crime.

The taking and permanent retention of DNA from innocent people is an intolerable violation of the Fourth Amendment.

Read the rest of the ACLU of Utah’s statement here.

(cross-posted to Utah Legislature Watch)

HB 150: A Violation of Privacy

The Senate Education Committee early this morning will hear testimony on HB150 Administrative Supoena, a bill which will make it o.k. to get personal information from your ISP and cell phone records without a warrant in certain instances.

Misty Fowler  offers a bit of history and persepctive about the bill over on her Saintless blog:

last year a bill passed into law that gave prosecutors power to get your contact information from your ISP and/or cell phone companies without a judge when they suspect a child sex crime. According to the Salt Lake Tribune, in the time since going into effect,” more than 200 such subpoenas have been issued, or slightly more than one a day.”This year, the Utah Legislature is considering a bill (HB 150) that would extend that to include suspected felonies, as well as cyber-stalking and cyber-harassment (misdemeanors).

This bill has passed through committee, and will be voted on in the House. Rep. Brian King was the lone vote against HB 150 in committee. He asked Pete Ashdown to help him in pointing out the problems with this bill. Of course, number one was that it’s unconstitutional. The one I wouldn’t have thought of though was that it is anti-business:

"It is anti-business. Burdensome regulation against Internet Service Providers, making them a wholesale detective arm of law-enforcement is punitive against small ISPs and favors large ISPs with more resources. There are no nationwide ISPs headquartered in Utah and this law will help drive the already struggling small Utah-based ISPs under. Yahoo has already published their price list for violating your personal privacy. Smaller ISPs are more likely to protect your privacy as long as the law stands with them, they don’t have the money to fight a court battle in your favor."

HB 150…. was defeated in the House yesterday[February 25], but Pete Ashdown writes that Rep. Daw wants to bring it back from the dead as a slimmed down version covering kidnapping and cyberstalking.

This is NOT okay! There is a reason we have a legal system that uses warrants. Yes, kidnapping and cyberstalking are bad things. But, a warrant isn’t some kind of undue hardship. It’s a process we have in place for a reason.

So, take a look again at Pete Ashdown’s flier against HB 150, and then call/write your Representatives and ask them to vote no.

(cross-posted to Utah Legislature Watch)

SB44: Health care for “legal” immigrant children garners approval

Utah Senators gave their nod of approval yesterday for  SB44 Health Amendements for Legal Immigrant Children.  The bill would lift a 5 year waiting period for immigrant families to obtain health care for their children.

What is puzzling is the sentiment by adults towards children and tax paying workers.

Today’s Deseret News:

“These kids are kids, and they’re playing by the rules as best they can,” he[Sen. Chris Buttars R-West Jordan] reasoned. “So while I’m totally against illegals, these kids aren’t illegals.”

As if any children had control over their lives.

But while those kids might follow the rules, Sen. Allen Christensen, R-North Ogden, who opposed the bill, said the five-year wait is there for a reason: Legal immigrants are expected to take care of themselves for that time.

“They need to play by the rules, the rules are set up, and you’re asking us to change the rules,” Christensen said.

Well, yes, because no human should be without health care and children in particular have no choice over their circumstances.  Legal or not, when someone needs health care they should be able to get it. Further, immigrants who have legal status pay taxes into our system and therefore should, without question, have access to, among other things, the health care system.

Sen. Luz Robles, D-Salt Lake City, bill sponsor says that this not about immigration:

SB44 isn’t about immigration, Robles said, but health care policy, and it opens access to preventative care that is more cost-efficient than letting problems grow until they end up in emergency rooms.

This is very sensible.  While it wouldn’t take effect until 2012, this bill is a giant step in the right direction for opening the health care access door for all.

(cross-posted to Utah Legislature Watch)

Election Integrity to be Strengthened with SB53

Voters are likely to see improvements in the current system of challenging voter eligibility with SB53 Voter challenge Revisions, now awaiting the Governor’s signature.

The ACLU of Utah has posted the status of the bill on its website :

SB 53 “Voter Challenge Revisions,” is a culmination of several years of work by Utah County Clerks, the ACLU of Utah and other voting rights advocates. This effort began after the 2007 election when the current election laws were misused resulting in a large number of Ogden voters being wrongfully accused of being ineligible to vote. The bill passed the Utah Legislature unanimously, and is before Governor Herbert for signature. The ACLU of Utah sent the Governor a letter encouraging him to sign SB 53.

In its letter to Governor Herbert on this bill, the ACLU of Utah highlights the flaws in the current system:

Under existing Utah law, an individual can challenge a voter’s eligibility without the voter knowing about that challenge – until the hopeful voter arrives at their polling place on Election Day.  The voter then has to complete a provisional ballot rather than cast a regular ballot, as unchallenged voters are able to do; provisional ballots are much more likely to be thrown out based on technicalities.

The integrity of Utah’s Elections will be strengthened with this bill and, as the ALCU highlights in its letter to the Governor, Election Day can be focused on the actual election and not on voter issues as has been seen under current law.

See previous post on Electoral Reform, including information about the Ogden voter challenges, here.


(cross-posted to Utah Legislature Watch)

Nursing Mothers Bill Shot Down by Mostly Male House Committee

The Workplace Accommodation of Breast Feeding Bill, HB252, which would have afforded nursing mothers accommodations in the workplace, was shot down by members of the Utah House Committee after hearing testimony in support of the bill.  The action  is being called a “blatant slap in the face of Utah’s working mothers” by bill sponsor Rep. Christine Johnson.

Lawmakers tried to use the rhetoric that private business should not have to be subject to the law, as the Deseret News reported:

Despite supportive testimony from Intermountain Health Care, the University of Utah and Employers Council of Utah, the predominately male House committee expressed concern that HB252 created a mandate on private businesses.

“It’s not appropriate for the state to command us in all things,” said Rep. Mike Morley, R-Spanish Fork. He said the bill was simply “dictating common sense.”

Johnson  stated this about the actions of Utah’s prdominantly male lawmakers.

“This says a lot about the hypocrisy of this Legislature,” she said after the Friday night meeting. “We say we support families and women. The least we can do is support the desire of women to do the best for their families.”

The Salt Lake Democrat, an expectant mother herself, said lawmakers should be “embarrassed.”

Johnson said her proposal did not tell employers what to do, but rather what they should do, and that the negative vote highlighted pro-business bias in the Legislature.

“This body consistently shows favoritism toward businesses and gross inconsideration for anyone other than the majority,” she said.

It appears that the influence of private business owners dictates which populations are to be discriminated against in this year’s session (workers needing health care, gays and lesbians, and now nursing mothers….).  If the mindset, then, is that not all legislation should mandate things that would affect private businesses, where is  the line drawn?  Should this then apply to laws on the hiring practices of illegal immigrants?

(cross-posted to Utah Legislature Watch)

Immigration Reform – Repairing a Broken System

There are a number of immigration bills that have been signed into law in the past and new bills this year addressing immigration issues in Utah.

Mark Alvarez, Utah  Attorney, had a piece published in the Salt Lake Tribune in which he says,

In 2000, George W. Bush said, “Immigration is not a problem to be solved; it is the sign of a successful nation.” Candidate Bush said he wanted to make policy friendlier to immigrants. That effort froze on Sept. 11, 2001.

In 2008, Barack Obama said that America had nothing to fear from today’s immigrants: “Because we are all Americans. Todos somos Americanos. And in this country, we rise and fall together.”

Congressional debate will begin soon. Three main questions are: 1. Who should be able to come here? 2. How should border and internal enforcement be designed? 3. What should be done with undocumented immigrants?

Alvarez continues on by addressing 6 “points of contention”:

1. Family-based versus employment-based immigration.

2. Temporary workers versus permanent workers.

3. Skilled workers versus unskilled workers.

4. Genuine employment verification versus the status quo.

5. “Path to citizenship” versus “amnesty.”

6. Illegal immigration versus legal immigration.

Read his points in their entirety here.

A Facebook group called Utahns for Immigration Reform has been created to advocate for a fair and just system of immigration for all people without violating anyone’s civil rights, regardless of immigration status.  The group calls for citizens to become engaged in the process of advocating for the repair of the current broken system and creating an equitable system for all people.   From the group’s page:

We can influence American immigration laws by being engaged in the process.

No person is illegal. Being undocumented is a violation of civil law, not criminal law. Federal immigration reform needs to happen now because the immigration system is terribly broken. We agree that all people should immigrate legally but in a broken system unfortunately that is not the reality.

The page continues on by describing how current legislation is damaging:

SB 81 is a now Utah law. The new law encourages racial profiling. Most law enforcement agencies in Utah understand that the law is an afront to civil rights and have refused to enforce it.

Immigration reform will make SB 81 unnecessary.

Cory Redstone, creator of Utahns for Immigration Reform issued this notice yesterday about SB251 Verification of Employment Eligibility and   HB 428 Non Resident Tuition Amendments

SB 251 is another employment verification bill. This bill mandates the use of E-verify for every employer, not just those contracting with the state as SB 81 did. Because E-verify has a %5 rate of inaccurate information this is just wasteful. Additionally the rate of failure could be used to discriminate against minority workers and cause undue delays in employment if a record is mistakenly flagged. There will be discrimination against businesses who are minority owned. They will face more scrutiny and undue harassment because of this law.

Make no mistake E-verify use is eventually going to be mandated on a federal level eventually but all of the kinks need to be worked out. We also need to see Comprehensive Immigration Reform so nobody works without documentation. Please call OR email your legislator and tell them to vote no on SB 251. Just one phone call from you can make a huge difference.

There is also a bill to take in-state tuition away from undocumented college students HB 428.

Here is the link to find your state Senator to call or email:
http://www.utahsenate.org/map.html

There is an analysis of HB428 at the Enriching Utah Coalition blog. (Read this coalitions mission and values here.)

Bills on immigration can be viewed here, but not all bills addressing immigration issues are in this category and in fact the bills referred and linked to in the above paragraphs are not listed on this page.  For example another bill that addresses health care for immigrant children up for consideration this year: SB44 Health Amendments for Legal Immigrant Children

One thing is evident:  The people must be engaged and getting their voices heard on these issues to address the unjust system currently in place.

(cross-posted to Utah Legislature Watch)