When I heard the Alabama Board of Education had decided to basically take over The Birmingham Board of Education because some folks don't like the way it has been acting (or not acting), my first thought was DOJ.
That would be The Department of Justice. The BOE isn't just some panel appointed by the Governor or a group of teachers hired by a principal. It is an ELECTED board, responsible to the Birmingham residents who elected them. Short of violations of the law, how can the state step in and take over?
The Birmingham News reports today that Ed Richardson has been named as the head of a posse that will fly in to investigate. I have a ton of respect for Dr. Ed, after dozens of For The Record shows with him as the guest, but what about the rights of the voters who elected the BOE in Alabama's largest city? Shouldn't it be the voters who decide if the board is doing a good job?
And by the way, I haven't lived in Birmingham for a dozen years, and I have no idea how bad the board has been. But if the State can swoop in and take over that body, is the local town council next? Or a County Commission? And where is the Alabama Association of School Boards in all this? It took me a while to find a mention of the takeover on their website, but here it is.
If the State can take over local elected boards, can the Federal Government take over the State Legislature if Congress decides it has become dysfunctional?
Tim, the state school board has long had the authority and responsibility to take over operations of a local school system when the local board fails to perform its duties, regardless of whether the local board is elected or appointed. In the past such takeovers have been done for specific, measurable academic or financial failures. The Birmingham situation is broader and harder to measure, although there are some specific financial failings and some close to failing academic situations that will be looked at by the investigative team. But the principle is the same, the board has failed to meet its legal responsibilities. That failure is more than a simple political struggle between board factions. It is incompentency that may involve malfeasance or misfeasance. The state board had an obligation to act as it did.
ReplyDeleteHi Karl,
ReplyDeleteMy only concern is the elected nature of the board. If the board has FAILED, then it is the voters who should reject them for re-election. If they have broken the law, then they should be arrested and put on trial.
Thanks for commenting..(Karl is the former Editorial Page Editor of the old Birmingham Post-Herald. I would hate to have this back and forth live because I know I would lose. (-: