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"Your Liberty is Our Interest"

October 11, 2004

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The Wisdom of Choice

By: Mr. Jim Waters

In the story that made King Solomon famous for his wisdom across all faiths, two mothers came to him with a dispute concerning a child. One of the women had lost her child and now was claiming that the other woman’s son was hers.

To find out who was truthful, Solomon announced he would cut the baby in half. The honest mother relented and offered to give the baby to the other woman rather than allowing the child to be killed. In the end, the woman who had been honest got her baby back because she was willing to give him up rather than cling to her claims.

A modern version of this story is being acted out in Kentucky. Our education leadership claims that children are its top priority, yet a new policy proposal suggests otherwise.

The Kentucky Board of Education (KBE) is presently calling for legislators to substantially revise a provision of Kentucky law. When considering appeals by parents whose request to transfer their children to another school district is denied at the local level, KRS 157.350 requires the KBE to “give preference to the best interest of the individual child.”

This proposal emerges after a contentious KBE vote. The decision sustained Education Commissioner Gene Wilhoit’s opposition to the wishes of parents who live in the Breathitt County School District but want to transfer their children to the adjacent Jackson Independent School District. Wilhoit’s denial prohibits state funding to follow those students to Jackson Independent.

The commissioner got involved after Breathitt officials refused to re-sign a longstanding student transfer agreement with the Jackson district. However, like the woman in Solomon’s story who was willing to give up her son so he could live, the Jackson district agreed to educate 78 children even though it will not receive $380,000 in state funding that would have followed had Breathitt re-signed the transfer agreement.

In addition to denying Jackson’s appeal, the board now is considering changing the standard by which future appeals are decided. For the sake of Kentucky’s parents and students, the KBE should drop its support for altering a law that explicitly reinforces the right of parents to appeal local denials of legitimate transfer requests.

In 1992, the General Assembly approved KRS 157.350 requiring the commissioner or KBE board to “give preference to the best interest of the individual child” when deciding appeals by parents caught in transfer controversies.

Some education officials say the law is not clear. “Whose best interest are we talking about here?” asked KBE board member Helen Mountjoy in an article published by the Kentucky School Boards Association.

But former Rep. Roger Noe, a Harlan Democrat who chaired the House Education Committee from 1985 to 1992, said legislators clearly intended for the law to apply to the child who is directly involved in an appeal.

“If a district – whether county or independent – is not performing to parents’ expectations, the parents should be allowed to transfer their children to a better district,” said Noe, who wrote the original legislation.

That policymakers felt compelled to include the language – “the best interest of the individual child” – reveals their original intent. When a school fails to educate a child, the needs of other children, teachers and administrators should be secondary.

Nevertheless, some education officials claim that such policy harms children whose parents don’t request a transfer. This doesn’t make sense.

If a sick patient leaves one hospital for another, this action signals something is wrong. Only to the extent the problem that caused the transfer is not resolved does a departure harm remaining patients. For a hospital to deny such a transfer masks the problem and endangers the remaining patients. Why should a school transfer be any different?

Noe said that when parents can choose to transfer their children to a better-performing district, it’s an effective policy for both students who transfer and those who don’t.

“Giving parents that option applies a certain amount of appropriate pressure to schools to either improve or risk losing even more students,” he said.

That’s the kind of wisdom needed to reach the next level of effective education reform in Kentucky.

Of course, those entrenched in protecting the status quo don’t see it that way. Mountjoy suggests that parents are not capable of exercising sound judgment when requesting to transfer their children to better schools.

“Is it enough for parents to come in and swear up and down that this is the best placement for their kids?” Mountjoy asked. “Certainly” should be the answer of every education leader and parent who cares about our children’s future.

That Mountjoy would even raise this question offers more evidence that it’s parents – not education do-gooders – who should decide the future of Kentucky’s children.

Jim Waters is Director of Policy and Communications for the Bluegrass Institute (www.bipps.org),
Kentucky’s only free-market think tank.
 

 

 

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