From the Allentown Morning call. Forging coalitions between teachers and the community that's been left out of the education process...what an interesting idea.
"There's a lot to be said for an organization working independent of the school board."
"Quality education is an issue that affects everybody."
Sounds like change that would benefit everyone.
New coalition flexes muscle in Bethlehem
BASD: Minorities, teachers union join on education issues.
By Steve Esack | Of The Morning Call November 23, 2008
Separately, advocates for teachers and Bethlehem's growing minority community have felt left out of the city's education debate.
Together, under the banner of the newly formed Bethlehem Coalition for Quality Education, they're making themselves heard.
If successful, the coalition, which made school board members take notice at a recent meeting, could turn into the biggest union-backed political movement Bethlehem has seen since the steelworkers union became a power in City Council elections.
''The teaching job today is a very political job,'' said Craig Zieger, teachers union president for 12 years. ''I've probably become the most political president and I am moving the union in that direction. We will be running candidates [for school board].''
The coalition formed in September, comprising the Bethlehem Education Association, Pennsylvania State Education Association, Council of Spanish Speaking Organizations of the Lehigh Valley and the Bethlehem branch of the NAACP. It went public Monday by opposing an administrative proposal to make passing the 11th-grade PSSA tests -- or some other exam -- a graduation requirement. The board tabled the proposal.
Superintendent Joseph Lewis did not respond during the meeting to coalition members' comments. He did not return calls later in the week.
School Board Vice President Judith Dexter said Thursday the coalition swayed her during the meeting with their arguments, among them that a PSSA graduation requirement could increase the drop-out rate and cost the cash-strapped district more than $600,000 for tutoring.
''It was the first time I heard of them,'' Dexter said, ''and I was influenced by the people who took the podium.''
As the Bethlehem Area School Area District grappled with low state test scores, a federal voter discrimination lawsuit, periodic infighting and financial deficits, teachers and minorities have felt relegated to the sidelines. The coalition has given them a stronger voice.
Esther Lee, longtime leader of the Bethlehem branch of the National Association for the Advancement of Colored People, said she often thought her concerns, especially those about low test scores among minority students, were not being addressed by the board and administration. The union gives her more support, she said.
''The NAACP has on many occasions voiced concern over the PSSA,'' Lee said Tuesday. ''The strength of having Craig Zieger, president of the Bethlehem Education Association, stand up and say 'I can't support this' gave us credence.''
Charlene Koch, the longest-serving school board member, said she does not recall the union ever taking such a political stance and welcomed the input.
''There's a lot to be said for an organization working independent of the school board,'' Koch said.
Political awakening
The 187,000-member Pennsylvania State Education Association has always been part of the political process, said spokesman Wythe Keever. Two years ago, PSEA launched a new initiative of community organizing in Reading and now in Bethlehem.
''We are trying to reach out to minority constituents in those communities,'' Keever said.
The Bethlehem district has had a diversity task force for several years, but Zieger said he was never asked to join. After he found out about PSEA's work in Reading, he sought the union's help in Bethlehem. He said his union needs to be more engaged to bridge communication gaps among races to improve education.
''Teachers can't sit back anymore,'' Zieger said. ''We know what's good for kids.''
Lorenzo Canizares, a former New York City teacher turned community organizer for the PSEA, is leading the effort in both cities. By coming together in an informal setting, he said, more people may get the courage to run for school board.
''We are not here to point fingers at anybody because we have to work together,'' Canizares said. ''Quality education is an issue that affects everybody.''
Sis-Obed Torres, president of the Council of Spanish Speaking Organizations, agreed. He said low test scores among minorities is a national issue that cannot be solved unless people work together.
''I'm not sure how this group is going to play out,'' Torres said. ''But we are citizens of this country, we are residents of this city and we have to be engaged.''
Racial issues
Race, politics and education have been sticky issues in Bethlehem. The student population is about 53 percent white, 33 percent Hispanic, 10 percent black, 3 percent Asian, and a mix of other races. The school board is all white.
In the last 15 years, no minority candidate has won a school board election or been appointed to a vacancy. In August, the school board settled a 2006 federal voters rights lawsuit that alleged the district's at-large voting system discriminated against Hispanics.
The settlement created six at-large seats and three geographic seats, one of which will encompass the predominantly Hispanic areas of south Bethlehem and Fountain Hill.
That seat is up for election in May, as are seats currently held by Dexter, a Democrat; Craig T. Haytmanek, a Republican; Irene Follweiler, a Republican; and Charlene Koch, a Democrat.
Haytmanek, who lives in Fountain Hill, said he is undecided if he will seek re-election. He said should he choose to run, he will abide by the coalition's request to run as an at-large candidate to give a Hispanic a better chance of winning the geographic seat.
Zieger said the coalition members will try to meet at least monthly to talk about educational issues and will bring their concerns to the school board.
''We have vast diversity in this community and there is a large group of individuals -- whether they be Latino, African-American or economically disadvantaged -- who feel disenfranchised by the system,'' he said. ''It's a very intimidating system. They need a voice and the coalition will be that voice.''
Sunday, November 23, 2008
Pennsylvania Right to Know Law
From the Altoona Mirror: The new Pennsylvania Open Records Law.
New law puts burden on government to seal records
By Walt Frank, wfrank@altoonamirror.com
» View the new law
The new year will bring a new way of open government in Pennsylvania.
A new Right to Know law will make it easier for the public to request and obtain public records, and places the onus on government agencies to justify why records shouldn't be released. It is a significant legal change from the state's current law, which leaves residents with the burden to justify their requests. In some cases, this burden has allowed government agencies such as school districts and municipalities to ignore public requests until an attorney is hired.
"The new law is based on the presumption of access. The old law did not. Previously, the person making the request had the burden to prove the item was a public record," said Teri Henning, general counsel for the Pennsylvania Newspaper Association. "Under the new law, all records are presumed to be public unless they are privileged, confidential by law or fall under an exemption under the Right to Know law."
The new legislation also creates the Office of Open Records to assist government officials and the public in complying with the changes.
Terry Mutchler, appointed by Gov. Ed Rendell as the office's first executive director, called this "one of the most significant changes in Pennsylvania law in the last 50 years as related to government access."
The law will force agencies to disclose all records beyond a list of exceptions, rather than the old law's narrow list of public records available.
Revising the Right to Know law became a cornerstone of the Legislature's reform agenda.
For the first time since the Right to Know Law was passed in 1957, it will include the General Assembly and will give citizens the ability to appeal open records disputes to an administrative agency, the Office of Open Records, without the need to file a court action.
The law guarantees access to public records in the possession of government contractors performing "governmental functions" on behalf of an agency, establishes an online, searchable database for state contract information and requires state affiliated universities to make certain financial information public.
The law also shortens agency response time - not to exceed five days under normal circumstances - and increases the civil penalties - up to $1,500 - that can be awarded against an agency acting in bad faith.
For example, community colleges, the Pennsylvania Interscholastic Athletic Association, the Pennsylvania Higher Education Assistance Agency and its related entities are now among the covered agencies.
A key element of the new law is the creation of the Office of Open Records, housed in the Department of Community and Economic Development.
The office will hear most open records appeals, hold hearings, issue orders and advisory opinions and provide training.
"My first role is to get the office up and running to do all the law requires. My other goal is to insure there is proper enforcement of the law," Mutchler said. "My role is to insure this office gets created to be a resource to citizens and government officials so everyone is ready to play ball here once it is set up. My role will be to enforce the Right to Know law, monitor and handle the appeals."
Although local municipalities and school districts say they receive few, if any, requests for public records, Mutchler said those numbers are likely to increase under the new law which now allows requests to be submitted by e-mail.
"Come January, I expect they will see a significant increase around the state as people test the law. Municipalities and school districts should anticipate the number of requests in the beginning from people who claim to be watchdogs will increase. After a while, it will go back to the normal routine," Mutchler said. "In the beginning, we may see more media requests than before. Once they take it out for a test drive, it will go back to the citizens requesting information about their government."
Henning isn't sure what to expect.
"People who are interested will continue to seek reports. It is possible there could be an increase in the number of requests made," Henning said.
Local officials aren't expecting a significant increase in requests but may receive more than usual after the new provisions take effect.
"I wouldn't expect an onslaught. There may be a few more out of curiosity. I may get a few more requests because it is newly implemented, but I don't expect an onslaught," said Brian Toth, superintendent of the Bellwood-Antis School District. "Now, if we get one a year, it's stretching it."
"There may be some more initially. I don't really expect it to be massive. At least in this region, it won't be inundating us," said Mary Beth Whited, Penn Cambria's superintendent.
Jeff Westover, business manager and board secretary for the Glendale School District, doesn't expect to see an increase in the number of requests.
"It may peak some interest for a little bit, but people know they can come in and get what they want. It is not a big deal in our district," Westover said.
"I think that anyone who has an interest in a specific item, that individual will certainly seek out that information,'' said Joe Macharola, Cambria Heights superintendent. "Do I anticipate a wealth of requests? No. Do I anticipate preparedness for those requests? Yes.''
Logan Township Manager Bonnie Lewis and Bruce Nicolls, interim superintendent of the Clearfield Area School District, aren't sure what to expect.
"From time to time, we have had requests. We always try to respond in a timely fashion. We have not had a great many. Sometimes they come in waves,'' Lewis said. "I have no gut feeling on what impact it may have on us, but we will be prepared.''
"I don't know if we will get more requests. I don't think we will,'' Nicolls said. "These requests are more need-driven than availability-driven. If someone really needs these, they will jump through the hoops if they need them. They won't just request them because they are more easily available. Most of us don't have the time to be that curious.''
Most of the 30 municipalities and school districts contacted don't expect to see much of a change in the number of requests, if any.
"I haven't received any requests for public records here and in Woodward Township for the past 10 years. Every once in a while, someone will request a meeting agenda,'' said Kim Caldwell, secretary for Beccaria and Woodward townships in Clearfield County. "I don't think that will change.''
"I am in my second term as a supervisor, and I have never had anybody ask for a public record,'' said Brian Weaver, chairman of the Liberty Township supervisors in Bedford County. "We occasionally get a question about our ordinances or building requirements, but as far as open records or anyone wanting to see our ledgers, no one has requested that.''
Everyone is gearing up for implementation of the new law. They say they have followed the law in the past and will continue to do so.
"To me, it is public information. It is the law and we will do what we need to do. People think school districts hide things. We have so many laws, rules and mandates it is hard to hide things. I want to be as transparent as possible,'' said Royce Boyd, superintendent of the Everett Area School District. "Certain people want certain information. If they want it, they will find a way to get it.''
"Anyone can come in and look. If they want a copy of the minutes, we have never withheld anything from anyone. Some [municipalities] give people a hard time; we have nothing to hide,'' said Vicki Harshbarger, secretary/treasurer of the Smithfield Township supervisors in Huntingdon County.
"Anyone who comes in or calls us can get anything they want, I don't think the new law will do anything. I guess there have been some places where it has been difficult to get what you sought, but I am not aware of anywhere around here,'' said Dan Penatzer, Ebensburg borough manager. "We complied with the law before and will comply with it now. What you want you will get - we don't have a lot of information people want.''
A goal of the law is to make it easy for people to get what they want and need, and Cambria Heights has been doing that, Macharola said.
"We have our minutes online. I also put on an executive summary. We do it as a courtesy, as a professional accounting of the business that is conducted here at Cambria Heights. I believe that's very helpful to our residents and for anyone who wants to know how we conduct our business. We want our information to be accessible to anyone.'' Macharola said. We won't conduct our business in any other way but to be in compliance with the law.''
Jim Foster, Juniata Valley School District superintendent, said requests for public records can be a nuisance.
"I would rather [people] come in and look through the books in person. It takes time out of our normal day. If they need it, that's fine. We will give them everything they need. We comply, what is public is public,'' Foster said.
If all goes as planned, the new law will be a benefit to Pennsylvanians.
"If the law works the way it is supposed to work, government at all levels will be stronger and better,'' Mutchler said.
Mutchler said between now and Jan. 1, she will be busy.
"We will be conducting training for the media, citizens and public officials. When they walk away, they will know what they need to do to be in compliance with the law. Citizens will know their rights,'' Mutchler said. "Our goal is to get everybody on the same page.''
New law puts burden on government to seal records
By Walt Frank, wfrank@altoonamirror.com
» View the new law
The new year will bring a new way of open government in Pennsylvania.
A new Right to Know law will make it easier for the public to request and obtain public records, and places the onus on government agencies to justify why records shouldn't be released. It is a significant legal change from the state's current law, which leaves residents with the burden to justify their requests. In some cases, this burden has allowed government agencies such as school districts and municipalities to ignore public requests until an attorney is hired.
"The new law is based on the presumption of access. The old law did not. Previously, the person making the request had the burden to prove the item was a public record," said Teri Henning, general counsel for the Pennsylvania Newspaper Association. "Under the new law, all records are presumed to be public unless they are privileged, confidential by law or fall under an exemption under the Right to Know law."
The new legislation also creates the Office of Open Records to assist government officials and the public in complying with the changes.
Terry Mutchler, appointed by Gov. Ed Rendell as the office's first executive director, called this "one of the most significant changes in Pennsylvania law in the last 50 years as related to government access."
The law will force agencies to disclose all records beyond a list of exceptions, rather than the old law's narrow list of public records available.
Revising the Right to Know law became a cornerstone of the Legislature's reform agenda.
For the first time since the Right to Know Law was passed in 1957, it will include the General Assembly and will give citizens the ability to appeal open records disputes to an administrative agency, the Office of Open Records, without the need to file a court action.
The law guarantees access to public records in the possession of government contractors performing "governmental functions" on behalf of an agency, establishes an online, searchable database for state contract information and requires state affiliated universities to make certain financial information public.
The law also shortens agency response time - not to exceed five days under normal circumstances - and increases the civil penalties - up to $1,500 - that can be awarded against an agency acting in bad faith.
For example, community colleges, the Pennsylvania Interscholastic Athletic Association, the Pennsylvania Higher Education Assistance Agency and its related entities are now among the covered agencies.
A key element of the new law is the creation of the Office of Open Records, housed in the Department of Community and Economic Development.
The office will hear most open records appeals, hold hearings, issue orders and advisory opinions and provide training.
"My first role is to get the office up and running to do all the law requires. My other goal is to insure there is proper enforcement of the law," Mutchler said. "My role is to insure this office gets created to be a resource to citizens and government officials so everyone is ready to play ball here once it is set up. My role will be to enforce the Right to Know law, monitor and handle the appeals."
Although local municipalities and school districts say they receive few, if any, requests for public records, Mutchler said those numbers are likely to increase under the new law which now allows requests to be submitted by e-mail.
"Come January, I expect they will see a significant increase around the state as people test the law. Municipalities and school districts should anticipate the number of requests in the beginning from people who claim to be watchdogs will increase. After a while, it will go back to the normal routine," Mutchler said. "In the beginning, we may see more media requests than before. Once they take it out for a test drive, it will go back to the citizens requesting information about their government."
Henning isn't sure what to expect.
"People who are interested will continue to seek reports. It is possible there could be an increase in the number of requests made," Henning said.
Local officials aren't expecting a significant increase in requests but may receive more than usual after the new provisions take effect.
"I wouldn't expect an onslaught. There may be a few more out of curiosity. I may get a few more requests because it is newly implemented, but I don't expect an onslaught," said Brian Toth, superintendent of the Bellwood-Antis School District. "Now, if we get one a year, it's stretching it."
"There may be some more initially. I don't really expect it to be massive. At least in this region, it won't be inundating us," said Mary Beth Whited, Penn Cambria's superintendent.
Jeff Westover, business manager and board secretary for the Glendale School District, doesn't expect to see an increase in the number of requests.
"It may peak some interest for a little bit, but people know they can come in and get what they want. It is not a big deal in our district," Westover said.
"I think that anyone who has an interest in a specific item, that individual will certainly seek out that information,'' said Joe Macharola, Cambria Heights superintendent. "Do I anticipate a wealth of requests? No. Do I anticipate preparedness for those requests? Yes.''
Logan Township Manager Bonnie Lewis and Bruce Nicolls, interim superintendent of the Clearfield Area School District, aren't sure what to expect.
"From time to time, we have had requests. We always try to respond in a timely fashion. We have not had a great many. Sometimes they come in waves,'' Lewis said. "I have no gut feeling on what impact it may have on us, but we will be prepared.''
"I don't know if we will get more requests. I don't think we will,'' Nicolls said. "These requests are more need-driven than availability-driven. If someone really needs these, they will jump through the hoops if they need them. They won't just request them because they are more easily available. Most of us don't have the time to be that curious.''
Most of the 30 municipalities and school districts contacted don't expect to see much of a change in the number of requests, if any.
"I haven't received any requests for public records here and in Woodward Township for the past 10 years. Every once in a while, someone will request a meeting agenda,'' said Kim Caldwell, secretary for Beccaria and Woodward townships in Clearfield County. "I don't think that will change.''
"I am in my second term as a supervisor, and I have never had anybody ask for a public record,'' said Brian Weaver, chairman of the Liberty Township supervisors in Bedford County. "We occasionally get a question about our ordinances or building requirements, but as far as open records or anyone wanting to see our ledgers, no one has requested that.''
Everyone is gearing up for implementation of the new law. They say they have followed the law in the past and will continue to do so.
"To me, it is public information. It is the law and we will do what we need to do. People think school districts hide things. We have so many laws, rules and mandates it is hard to hide things. I want to be as transparent as possible,'' said Royce Boyd, superintendent of the Everett Area School District. "Certain people want certain information. If they want it, they will find a way to get it.''
"Anyone can come in and look. If they want a copy of the minutes, we have never withheld anything from anyone. Some [municipalities] give people a hard time; we have nothing to hide,'' said Vicki Harshbarger, secretary/treasurer of the Smithfield Township supervisors in Huntingdon County.
"Anyone who comes in or calls us can get anything they want, I don't think the new law will do anything. I guess there have been some places where it has been difficult to get what you sought, but I am not aware of anywhere around here,'' said Dan Penatzer, Ebensburg borough manager. "We complied with the law before and will comply with it now. What you want you will get - we don't have a lot of information people want.''
A goal of the law is to make it easy for people to get what they want and need, and Cambria Heights has been doing that, Macharola said.
"We have our minutes online. I also put on an executive summary. We do it as a courtesy, as a professional accounting of the business that is conducted here at Cambria Heights. I believe that's very helpful to our residents and for anyone who wants to know how we conduct our business. We want our information to be accessible to anyone.'' Macharola said. We won't conduct our business in any other way but to be in compliance with the law.''
Jim Foster, Juniata Valley School District superintendent, said requests for public records can be a nuisance.
"I would rather [people] come in and look through the books in person. It takes time out of our normal day. If they need it, that's fine. We will give them everything they need. We comply, what is public is public,'' Foster said.
If all goes as planned, the new law will be a benefit to Pennsylvanians.
"If the law works the way it is supposed to work, government at all levels will be stronger and better,'' Mutchler said.
Mutchler said between now and Jan. 1, she will be busy.
"We will be conducting training for the media, citizens and public officials. When they walk away, they will know what they need to do to be in compliance with the law. Citizens will know their rights,'' Mutchler said. "Our goal is to get everybody on the same page.''
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