Fiscal Capacity Monster Lives

I knew it would happen, and it has: legislation has been filed (HB3180) to require the BEP to be funded according to the prototype system-level fiscal capacity model developed by TACIR. The bill is scheduled to be heard in the K-12 subcommittee on Tuesday, according to TLN Notes, a legislative update service by the Tennessee School Boards Association.

The sponsor is Gerald McCormick of Chattanooga — one of the four big cities that would benefit tremendously, at the expense of much smaller school systems across the state. Fortunately, there is no Senate companion at this time, which means it can’t pass the General Assembly. Last year a similar measure was sponsored by another Chattanooga Republican, Sen. David Fowler.

I think the bill filing deadline has passed, but am not certain whether a “caption bill” already filed in the Senate might be amended to make it a suitable companion to this one. Nonetheless, I will be watching the webcast of the committee meeting to see what happens.

Immigration, Education, and NCLB

The NASBE (National Association of State Boards of Education) blog yesterday reported on an Illinois school district’s loss of $3.5M in state funding due to the district’s lawsuit over having to enroll students of questionable immigration status.

In short, the Supreme Court has ruled that public schools must serve students without regard to whether they are documented or undocumented aliens. However, the district’s dilemma fell into a gray area: although the students in question were in this country legally, it was not clear whether or not they were residents of that school district. One student was on a tourist visa, and the district argued that they were not bound to enroll tourists (see the Chicago Tribune for details) who would presumably be there only for a short time.

While one could argue that visitors and undocumented immigrants contribute to the tax base that funds public schools, one has to wonder if the rationale behind the district’s fight might have been based in something else: since No Child Left Behind requires the inclusion of specific sub-groups — minorities, low-income, special education and students who speak English as a second language (if at all) — in mandated testing that carries significant penalties for failure, any district would have reason to not enroll more students in those sub-groups than they have to.

One of the challenges faced by schools in the NCLB mandates is the problem of students who move between districts, and the length of time that the school has to impact the student’s learning before the tests. It’s not just an immigrant issue; it also applies to a child who moves between school systems where the curriculum standards are different. For example, if a child moves in the middle of 5th grade from a district that emphasizes life science in 5th grade, to a district that covers physical science in 5th grade and life science in 6th, the student would be tested on physical science while his or her emphasis had been on life science for most of the year. Thus, a lower score would be expected. If the student does not read or speak the language in which the test is given, the results are even worse.

The principles of NCLB are noble and good, but do understand the objections frequently heard from the education community. The very reason for breaking out sub-group results is that we know those students are more difficult to educate, but that their lower scores are generally masked when reported as part of the total school population.

We often see correlation between students who fall into the NCLB sub-groups and those who move frequently between school districts, doubling the challenge: more difficult to educate, and less time to show results.

In the long run, there’s no question that we as a nation will benefit from our immigrant children — legal or illegal — being educated and able to contribute positively to society. Schools however, have to also conern themselves with the short term reality of NCLB requirements, expenses, and penalties. It’s a dilemma that is coming soon to a school near you.

World

The WSJ has an interesting page one article on the experience of doing business in Dubai; although two notable westerners were recruited to help set up the Dubai International Financial Center.

In the latest phase of its development, Dubai sought to lure global financial firms to its soil. And if they wanted international legal and regulatory standards, Dubai was determined it would provide them — at least inside one section of downtown. After some wrangling with the U.A.E.’s central authorities, Dubai won permission to exempt its financial center from nearly all of the federation’s commercial laws.

The U.A.E.’s central bank, under international pressure to improve its oversight, set some limits. It retained jurisdiction over investigations of possible terrorism financing and money laundering. But it let Dubai set up an entirely separate, Western-based commercial system for its financial district that would do business in dollars, and in English.

This included independent regulators and judges imported from the West. Dubai scored its first coup in 2002 when it lured Ian Hay Davison, a former chief executive of Lloyds of London, and Phillip Thorpe, a former senior British financial regulator, to set up and oversee the regulatory side of the proposed financial center.

Of course, an incident now deemed a “cultural misunderstanding” led to the firing of the two executives… which leads me to question their commitment to western-style regulations and oversight, including that of terrorists.

It’s also worth reading a view on the Dubai ports deal from an entirely different perspective: an editorial from the Dubai-based Gulf News. Unfortunately, for any American politician, either position is assailable.

* * *

Domestically, Michelle Malkin has the entire transcript (and link to audio recorded by a student) of the unhinged teacher caught on tape in Denver.