The Missouri legislature has hit the ground running, as it always
does this time of year, and is moving forward rapidly on a number of
proposed bills. Yesterday Senate Bill 706, which attempts to provide
framework for fixing the problem associated with the unaccredited school
districts transferring students to the adjoining accredited districts,
got its first public hearing. The cyber world was abuzz with issues
about it and several groups provided input through the public hearing
process. It should have been a time to admire the legislative process,
where elected officials perform their duty to address issues that
cannot be addressed solely by private citizens, and private citizens can
provide input to their elected officials on the specific work they are
doing. But in the world of politics, it seems, it is very difficult to
separate ego from process.
The
way the process is supposed to work is that citizens can approach their
legislator with issues that need some sort of legislative action. Those
citizens, who may be businesses, individuals, associations, unions or
lobbying groups can supply suggested legislative language or, they can
leave it up to the legislator to write the draft legislative language.
Once the draft bill has been assigned to committee and received initial
committee review, it is typically opened up to public comment through
the hearing process. Here, the same citizens who asked for
consideration in the first place, can comment on whether the proposed
language meets their needs. It is also where others affected by the
proposed legislation can provide insight as to; where they find the
language confusing or, how it might affect them and, show possible
unintended consequences of the bill.
This is a critical
step in the passage of quality legislation. The language must be clear
and consistent. It should consider how the rules laid out in the bill
will be applied in the future. And consideration must be given to
unintended consequences. When Missouri statute 167.131 of the Outstanding Schools Act was
written in 1993, allowing students in unaccredited districts to
transfer to adjoining accredited districts, all the ramifications of
that bill were not fully considered, and we are left, two decades later,
to try to figure out exactly how to accomplish those transfers. We
cannot say, "Well, the great Senator X Intended for those kids to
go to schools with already open slots" because the intent of the
authors is not noted nor binding several years later. The only thing we
can rely on is the specific language of SB380.
Too
often ego gets thrown into this step of the process. Some legislators
don't like others critiquing their work and take such comments as
personal attacks. Lobbyists take it personally when a legislator says
they cannot accommodate their request because it would not apply the
rules uniformly. The worst is when lobbyists and legislators have so
strong a personal relationship that they cannot see that, what they have
both agreed to in discussion, is not actually included in the
language. Because they both understand what they were trying to
say, it is hard for them to see what is actually on the page. The focus
is rapidly thrown off the process of perfecting the bill (a term the
legislature uses) and Jefferson City devolves into a sea of ad hominim
attacks and useless argument whose only goal is to preserve ego.
We
need to keep the focus on the process and the final goal: clear honest
legislation. This should apply to everyone in the process, whether
patriot or office holder, average citizen or paid lobbyist.
One
more thought - If we are going to require high quality teachers in our
schools, should we not require high quality legislators in our congress?
If we are going to use the objective measurement of student test scores
to define a quality teacher, couldn't we use objective measure of
quality legislation as a yard stick for our legislators?
Conservatives champion it. Liberals loathe it. But both sides have distorted the cause, and students are paying the price.

Bill Cosby and Dick Morris presumably disagree about most things, so it's instructive to note that both have officially endorsed "School Choice Week," which began yesterday with a series of rallies and events around the country celebrating the idea of parents being able to decide where their children go to school. Indeed, school choice seems like such an obviously good idea that the most interesting thing about School Choice Week is why it exists at all.





