Tiger GPS: Government and Public Service Blog

AMENDING THE AMERICAN MINDSET by Dewitt Ford

Without a doubt, my favorite (and most dramatic) piece of legislation is Colorado Amendment 64 of 2012, commonly known as the recreational marijuana bill. This amendment to Colorado’s state constitution has been the catalyst to countless conversations, debates, and arguments. The potential consequences of placing what was once considered a highly addictive gateway drug in the hands of the public is nothing to be taken lightly.

Proponents of Amendment 64 stated that the purpose of this bill was threefold: to maximize the efficiency and allocation of law enforcement resources, to produce revenue for public purposes, and to enhance the freedoms of the people of Colorado. Understandably, there were many who opposed this bill and these adversaries made compelling cases for its removal from the ballot. The case against marijuana was very strong, and while some of the fears were rooted in justified concerns, the proposed bill alleviated many of the concerns directly. In its essence, Amendment 64 viewed marijuana as no different than alcohol and believed the two substances should be regulated the same. Identification and age verification would be required prior to purchasing marijuana, just like alcohol.

However, regardless of initial fears and apprehension, there are studies that show that the legalization of marijuana has led to a decrease in adolescent marijuana use in both Colorado and Washington (see, for example, American Journal of Nursing, issue 10 in 2017). According to the Colorado Department of Education (CDE), approximately $90.3 million in revenue for CDE was generated by marijuana sales in FY 2017-2018. These funds went toward funding school construction, dropout prevention programs, anti-bullying programs, and hiring of resident health professionals.

The fears of handicapping law enforcement and subsequently causing danger to society with an influx of “high” drivers was also addressed in the bill. Very clearly, at the end of the legislation, there is a passage that states that nothing in the bill prevents law enforcement from arresting marijuana impaired drivers. Additionally, new devices are being developed that can measure THC on a subject’s breath and can determine if the subject has smoked or ingested marijuana in the last few hours.

Amendment 64 took a huge leap in combatting not only a failing war on drugs, but the failing war on freedom. Too many civilians have been incarcerated over possessing small amounts of marijuana and it’s time we as a people admit one simple truth: marijuana isn’t this ominous, dangerous drug. In my personal and professional opinion as a patrol officer for the Clemson University Police Department, it causes much less damage than alcohol abuse, but hey… what do I know?

MISMANAGED AND MINIMALLY INADEQUATE: PUBLIC EDUCATION IN SOUTH CAROLINA by William Everroad

Public administrators in the State Board of Education and district school boards face an uphill battle. Funding usually comes from federal, state, and local sources. Federal funding in South Carolina averages about 11% with state (46%) and local (44%) funding splitting the rest, according to the appropriations bill ratified by the SC General Assembly in June 2018 (hereinafter, H4950). The consumers, students, and parents rarely have an inside look at how funds are allocated and spent until funds are grossly misused at the school level. Additionally, education funding, which is only 19% of the state’s 2018 budget (H4950), is one of the single largest line item expenses next to the Department of Health and Human Services at 31%. However, education spending is in the same discussion as funding for the Department of Transportation at 10% and the next highest line item, the Department of Corrections at 2%. If the state is already funding education more than most other items in the budget, the issue must be with efficient use of funds.

School level financial transparency is believed to lead to more accountability in this area, as covered by The Atlantic in January 2015. The idea is to promote openness in the management of funds through reporting how, why, and where funds are allocated with indicators of performance to establish returns. Many states are mandating school level transparency and ensuring compliance via online portals where the information is uploaded for public consumption.

The way funding is typically allocated is on a cost per student basis. In theory, a school would get more funding allocated if it has more students. In South Carolina, the cost per student is currently set at $2,425 with a proposed increase to $2,510. However, according to a recent study conducted by Clemson University’s own Holley Ulbrich and Ellen Salesman in 2017, the projected base cost per student is $2,984. That leaves $474 per student to be funded by other sources. In the same study, the researchers recommended updating the formula that the state uses to calculate base cost. Even if consumers know this information, it still does not highlight where the problem is and why exactly there seems to be “poor” schools and “rich” schools. One of the problems was settled in Abbeville County School District v. The State of South Carolina in 2014 (hereinafter ACSD V SC). It was decided in that case that the method of allocating funds without regard to district wealth caused some schools to be even more underfunded because wealthy districts with the same number of students would receive more funding from local taxes than schools in lower economic districts. It became so pervasive that the underfunded schools could not even provide the state constitution’s definition of “minimally adequate education.”

What are the standards of learning that are being used to measure a “good return” and what is a “minimally adequate education”? In ACSD V SC, the court defined it as “the provision of adequate and safe facilities in which students have the opportunity to acquire: The ability to read, write, and speak the English language, and knowledge of mathematics and physical science; A fundamental knowledge of economic, social, and political systems, and of history and governmental processes; and Academic and vocational skills.” One real measure of reading ability is the literacy rate among 4th graders. Studies show that if students do not have adequate reading skills by the 4th grade, they will continue falling behind as they are not able to keep pace with classroom instruction. Learning to read and then reading to learn, yet in 2016, two thirds of all 4th graders in South Carolina were unable read at grade level, which was 39th place in the nation in literacy, according to the executive director of Reading Partners, a Charleston-based ngo. The South Carolina Read to Succeed Act was implemented in 2014 to address the falling literacy rate in the state. However, it was seen as a mismanaged band aid that cost $214 million and in 2017 the National Assessment of Educational Progress revealed 4th graders in South Carolina ranking 47th in the nation in reading. The bulk of the funds was used to hire reading coaches who trained teachers how to teach reading from the 3rd to 4th grades. The unsuccessful program may have highlighted a key problem that was not addressed by the Read to Succeed Act. By targeting the outcome and trying to improve literacy, legislators ignored the inputs.

The teachers are a funded input, and the investment was not paying off. This could be that, from inception, inputs were not considered with a mind to investment efficiency. Legislators believed that, at $2,425 per student, they were paying for inputs that would end with students acquiring a “minimally adequate education” and when that didn’t happen, they looked toward fixing the output instead of the inputs. In fact, when Gov. Nikki Haley signed the Read to Succeed Act, she said, “If a child cannot read by third grade, they are four times less likely to graduate on time. That changes now because we are now going to say that no child will move forward past the third grade if they can’t read.” All the while, the public sentiment was that South Carolina was doing a bad job in educating students. However, South Carolina teachers are among the worst paid in the nation and maybe some of the worst teachers. One part of transparency reform would be to conduct a skills gap analysis to identify disparities in staff expertise when it comes to teaching, as suggested in the SAF School Management Blog. It could be argued that in South Carolina, a skills gap analysis is not necessary since it is known that in the worst performing districts; almost 30% of teachers failed to achieve full certification in accordance with the State Constitution (ACSD V SC).

“LEARNED THE HARD WAY” by Mark Mellott

Congratulations to my colleague and friend, Dr. Marc Bonica (@mbonica), for a great presentation of “Learned the Hard Way: A Model of Executive Leadership Competencies” at the American College of Healthcare Executives (ACHE) National Congress, held in Chicago in March 2019. Marc was able to present at the conference and the paper is forthcoming.  Link to the presentation and citation for the paper appear below.

Dr. Bonica is an Assistant Professor at the University of New Hampshire. We previously served on faculty at Baylor University together. As a fellow ‘master practitioner,’ I love the opportunity to keep one foot in academia and be associated with the Clemson MPA. Go Tigers!

Bonica, M., Mayhugh, C., and Mellott, M., (Forthcoming). Learned the Hard Way: A Model of Executive Leadership Competencies.The Health Care Managerhttps://www.youtube.com/watch?v=B1EUDRPV4R8&feature=youtu.be

A NEW YEAR’S RESOLUTION by Lori Dickes

Dear MPA Friends,

As we celebrate the legacy of Dr. Martin Luther King Jr. this month and all of those who fought for civil rights before him and continue to fight against inequities today, I hope you will reflect on opportunities to choose inclusiveness in your professional and personal life.

I read a book recently which underscored the important difference between diversity and inclusion. Just because we have more people of color, race, ethnicity, religion, sex, gender, or origin in the room does not mean that these individuals or groups are “included” in a meaningful way.  My takeaway is that inclusiveness requires intentionally listening, hearing and using the diverse voices and ideas that human experiences bring. I trust we all can find ways to be more inclusive in our lives.   Lori

LEGISLATION DOESN’T CHANGE HEARTS by Tracy Cooper-Harris

The Supreme Court of the United States (SCOTUS) became a policy maker for same sex marriage (SSM) in 2015.  In a split 5-4 decision in Obergefell v Hodges, SCOTUS ruled that the remaining sections of the Defense of Marriage Act (DOMA), which gave states the choice to honor or perform SSMs, were unconstitutional. Obergefell followed Windsor v USA, which granted federal recognition of marriage for couples regardless of their sex.

Before 1996, a marriage performed in one state was honored throughout the other US states, thanks to the US Constitution.  After DOMA became law, it restricted same sex couples from marriage by not recognizing those relationships at the federal and state level. The view of same sex couples as deviant and appalling by lawmakers ensured denial of benefits and protections only available through marriage.  DOMA was thought to be a good compromise by providing states the autonomy to define marriage as they wished while keeping the traditional definition of marriage for federal benefits. It also provided a means to preemptively limit policy diffusion of SSM from Hawaii to the rest of the country.

The SCOTUS decisions followed another policy change regarding the gay and lesbian community called Don’t Ask, Don’t Tell (DADT).  In 2010, the repeal of DADT, which barred gays and lesbians from openly serving in the military, came after careful review of its effects on military readiness, values, morale, and feedback from those impacted by the policy.  A major key in policy change on these issues involved revising the narrative of how gays and lesbians were viewed by lawmakers and the general population.  Showing the similarities between this community and the rest of the US population in raising families, community service, and other aspects of daily life was thought to enable this group and their families to benefits and protections against discrimination.  This narrative played a role in my personal involvement of sharing my story in both policy changes for the gay and lesbian community as a disabled Army veteran with over nine years of honorable service.

In 2012, my wife & I filed a federal lawsuit with the help of the Southern Poverty Law Center (SPLC) against the Department of Veterans Affairs (VA) for denial of benefits normally granted to veterans for their spouses.  The VA denied our claim, even though our marriage was recognized by our resident state of California.  Our federal lawsuit charged the VA discriminated against us by denying these benefits while granting them to spouses in heterosexual marriages. Cooper-Harris v USA resulted in a historic ruling in 2013 that declared sections of Title 38 of the US Code unconstitutional.  This statute prevented the VA from granting marital benefits to same sex spouses of veterans.  The US Federal Court’s decision in our case was the first to declare that veterans benefits must be provided to a married veteran regardless of the spouse’s sex.

As time goes on, I believe that anti-discrimination and protection policies for the gay, lesbian and transgender community will follow the same path as policy issues on discrimination based on race and sex. Legislation and court decisions to eliminate discrimination doesn’t necessarily change hearts and minds of those who view race or sex negatively. I believe that our roles as master administrators provide us with the opportunity to ensure that equity for our communities.

REMEMBERING MARTIN LUTHER KING JR. by Robert J. Pape, Jr.

I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character.” 

So were the immortal words of Rev. Dr. Martin Luther King Jr. as he envisioned the dream of our nation. Dr. King’s words stirred passion and fear but also thought and vision. As we remember the life and legacy of Dr. King on January 21, let us be encouraged by the positive strides our nation has made to end discrimination of all types among our citizens. These positive accomplishments bring our nation closer to the dream Dr. King spoke of. However, let us honestly realize that each of us still has much to do so that collectively, one day our nation will achieve the dream.

Each of us must strive to see the good in others and respect the contributions, of whatever nature or degree, each person can make to better our society. We need to respect the opinion of others and honestly and openly debate our personal differences, without demeaning the debate by invoking discrimination. We need not be afraid of someone because they are different. These objectives could not be stated without realizing the difficulty each of us face in trying to accomplish them in our personal lives. Dr. King never said achieving the dream would be easy.

At the base of human existence is the desire and need to help others and band together at time of tragedy. We have witnessed kindness and strength many times recently and throughout our history as we, as a nation, have endured tragedy through the products of Mother Nature’s fury, or the violence of forces wanting to destroy our Nation, or the lone individual who commits a senseless violent act against the innocent. Each time we act with empathy and dignity, we move closer to achieving the dream. We are all capable of acting this way despite the absence of a tragic event. We can build on these actions and strive to accomplish more on an individual basis for our own good and the good of our nation. For as Dr. King also said, “We may have come over on different ships, but we are all in the same boat now.”

AS SCIENCE PROGRESSES, DOES THE LEGISLATION? by Sarah Martin

Advances in environmental science over the twentieth century are what have pushed our environmental policies forward. Measurement methods and an increased understanding of matter, particles, and substances led to federal regulations of air quality; these regulations are still politically-debated as scientists continue to discover causes of air pollution from our daily activities. The Clean Air Act regulates specific pollutants through the National Ambient Air Quality Standards, and has established regulations on vehicle emissions. Similarly, for water pollution; the discovery of new harmful chemicals and additional sources of runoff into rivers and bodies of water have increased the regulations put in place to protect those natural resources. The Clean Water Act deals with the control of acid rain, acid mine drainage, mercury, and “priority pollutants,” especially in our drinking water.

In 2019, let us remember that transforming and revising established policy is key to keeping up with problems which science and research uncover in our nation. The initial chlorination of drinking water was done in 1908, some 6 years after the first studies of our water quality. A study of water pollution in 1925 led to the Clean Water Act. In 1969, the National Environmental Policy Act began to require our legislators to evaluate the environmental impact of every law passed, leading to numerous new laws and regulations showing more care for the planet.

As our knowledge and understanding of environmental issues has evolved over the last century, so has our environmental management policy. Such is the case with almost all issues that have research or scientific study behind them; as science progresses, so should the legislation.

MAKING THE GRADE by Perryn Freeman

In the last weeks of 2018, the South Carolina Department of Education released report cards for the public schools as required by state and federal law. These grades are meant to reflect how the school is performing and areas of improvement. These report cards in theory are a tool to see how schools are doing with meeting grade level expectations. It provides a direction on areas that need improvement and a mechanism to provide definable progress.

With limited knowledge about how these grades are calculated, the usefulness or validity of the grading system is unclear. It does impact the perception of the school and parents’ desire to enroll their children in that school. It also leaves me to wonder what tools are available to grade how the local, state, and federal governments are doing in their efforts to support the schools. The schools that are being graded do not all have access to same funding, services available, or government support. Therefore in my opinion, the responsibility and grade do not wholly lie with the school.

How can schools be equally judged if the level of support from governing bodies is not equivalent? The standard has been set to provide feedback on the effectiveness of schools but they are just a part of the whole picture. There is little public information on what governments are doing to support education or the policies they set. It seems to me that a report card completed by the schools, districts, and states would be a good place to start. Not only would it provide important feedback information to governments on where support was needed, whether the changes are financial or changes in policy. It would also provide voters with information on how their officials are doing in supporting the schools, giving context to school’s grade and information to the constituents.

Now that these school grades are posted, I am left to wonder, are the government agencies making the grade for our schools?

WHERE HAVE YOU GONE, JOE DIMAGGIO? by Robert J. Pape, Jr.

The question first presented by Simon and Garfunkel came to mind recently as I was reflecting on the issues facing our community, state and nation and the inability of our elected officials to work together toward a common goal. It seems politics today has gotten personal and perhaps spiteful. It has prevented, for the most part, our elected officials from doing an effective job for us all.

Decades ago, representatives from both parties would have differences of opinion which they would eloquently state in public; but in the end, they showed leadership and worked together to find solutions to the problems presented. Today, at all levels of government, there is more rhetoric, posturing and accusing among our elected officials, which has only resulted in no resolution, or even the hope of any resolution, on the most pressing issues facing us in the last 50 years. Where have the leaders gone?

True, the political climate today is much different than decades ago. The cost of running for office and staying in office once elected is enormous. There is just too much money involved in the election process. I hope that there are leaders out there who will make the finding of solutions to our current issues a priority, regardless of political implications or re-election impact. A true leader does not have to worry about being re-elected.

Until such time we can only ask, “where have you gone Joe DiMaggio?”

STRAW FLEXIBILITY by Chris Neeley

There is a movement afoot in the United States to ban the use of plastic drinking straws by consumers of liquid products. This is understandable considering the large volume of straws that end up in landfills, along our road sides and highways and even in our waters. In fact, it is estimated that more than 500 million straws are used by Americans every day; that adds up to about 2,000 tons of plastic waste a year in our oceans alone. Now that’s a lot of waste! Something should be done to curb America’s appetite for slurping their favorite beverage through a straw. But what about the negative effect a plastic straw ban would have on people who can’t live without one?

It could be deadly. For instance, people with disabilities need the plastic straw. And they are making their voices heard in cities and towns across America who are considering plastic straw bans. For many people with disabilities like my son Marsh with Down Syndrome, a plastic straw is the difference between him staying hydrated or dying. It’s that simple. You see, for many people like Marsh they can’t drink directly from a cup. Due to the risk of aspiration, he must have his beverages thickened and taken in through a plastic straw. You might ask, what about a metal straw? Well, metal doesn’t regulate heat and he could burn his throat. What about paper straws? Paper straws don’t hold up under liquids and tend to fall apart into pieces that could choke and kill him. What about reusable plastic straws? That’s an option, but not everyone can carry around a reusable straw for their everyday liquid intake. The bottom line is we shouldn’t ban straws. Life is hard enough for people with disabilities only for us to take away such a simple solution for their hydration needs.

But we do need a long-term solution that will reasonably reduce the amount of plastic straw waste in our environment and the effect it has on global warming. I believe we have some reasonable solutions that would allow society to reduce the plastic straw foot print, but still allow people with disabilities to have access to this life saving tool for hydration. One solution would be for everyone without disabilities to ban their personal use of plastic straws. This would instantly reduce the production and waste associated with plastic straws. Or we could add a penny straw tax for every straw purchased and have the money collected go back to programs and services for people with disabilities. A plastic straw tax could deter many consumers from using one and could collect $1,825,000,000/annually for the disabled. Either way, we all need to remain flexible and not be so rigid when it comes to banning plastic straws.