AUGUSTA, Maine — The Maine Department of Education disbanded a federally mandated panel Friday that was charged with advising the state on issues involving youths with disabilities, prompting concerns among former members that the move was retaliation for the panel’s questioning of department initiatives.
Maine Education Commissioner Stephen Bowen said Monday his decision is part of an effort to satisfy federal requirements.
The primary role of the Maine Advisory Council on the Education of Children with Disabilities is to monitor and make recommendations on the state’s compliance with the federal Individuals with Disabilities Education Act. The state is required to report its progress on provisions of the federal law annually and must solicit feedback from a panel of advisers.
The 30-member advisory council was in the process of developing its report for this year when it was disbanded Friday by Bowen.
In an April 3 letter from the advisory council’s board to Bowen, the council stated that it had formed a subcommittee to address membership concerns voiced by the Department of Education, which previously had stated it intended to make changes to the council’s membership.
“MACECD members have been notified that there will be changes in membership to be announced in June,” reads the letter. “The first recommendation is that since MACECD is not currently in compliance with IDEA requiring representation (public and private service providers, a representative from the Office of the Coordination of Education of Homeless Children, and a representative of the state child welfare agency responsible for foster care), the highest priority should be filling those gaps, not replacing existing members … Current members do not know if they will be reappointed by you or the governor.”
In an April 19 response, Bowen wrote that he was disappointed with the council’s letter and minutes he reviewed of its March 16 meeting concerning a long-term strategic plan for education that the Department of Education released in January.
“I had asked the council for further feedback because pursuant to our meeting in December, it was my hope that a strong, collaborative relationship could be developed between the department and the council, one in which we as a state agency could benefit from the perspective and expertise that members of the council possess,” wrote Bowen. “Unfortunately, I found the minutes of the March 16 meeting at which my request was discussed to be disappointing. One committee appeared to spend most of its time discussing why much of what I asked about was not part of the council’s responsibilities or not relevant, while two other committees seemed satisfied to simply ask for further clarification and expertise to propose ways by which workable approaches on these issues could be developed. … Those developments suggest to me that it is time to move forward to revising the current structure and membership of MACECD, so that a new, more productive relationship between the council and the department can be established.”
Bowen wrote that he would work with Gov. Paul LePage to contact individuals who may be interested in serving on the council, including some former members, with the intention of meetings resuming as scheduled in September.
Historically, the advisory council has met during the school year and taken the summers off.
Before it was disbanded Friday, the council had meetings scheduled in May and June during which it planned to complete its Individuals with Disabilities Education Act recommendations. Under the act, the state is required to have an advisory council on special education issues in order to qualify for federal funding.
“No funding is being put in jeopardy,” said Matthew Stone, a spokesman for the Maine Department of Education. “The current membership has never been appointed in accordance with the process as defined in the federal special education regulations. What we’re focused on now is making sure that we have a council in place that serves its duties under the federal regulations.”
Stone said that federal rules require states to have two advisory panels for special education services — one for children birth to age 2 and another for ages 3 to 20. The Maine Advisory Council on the Education of Children with Disabilities has been fulfilling both roles for several years, said Stone, who added that LePage and Bowen intend to create two separate groups.
Diane Smith Howard, who until recently was a staff attorney for the Disability Rights Center in Augusta, was a member of the council for several years. She said while she recognizes the department’s desire to follow federal guidelines, she believes that there were other reasons why Bowen chose to dissolve the group — including its review of Bowen’s strategic plan, which Howard said has little in it about special education.
“In my review of the strategic plan, I could use more information about the department’s plans in terms of how children with disabilities will be treated,” said Howard.
Tina Kenney, a Portland-area mother who has a child with disabilities, was a member of the council from October 2010 until Friday. She said the council merely was asking for “open collaboration” with the department concerning the strategic plan in an effort to improve the state’s special education programs.
“It doesn’t make any sense,” said Kenney of the council being disbanded. “We were questioning and asking specifics about [Bowen’s] strategic plan. Maybe he took offense to that or feels he shouldn’t be questioned. I don’t know where things are headed, but it’s kind of scary for kids who need a lot of support.”
Howard Wright of Southport, who has worked in child development services for decades and was a 13-year veteran of the advisory council, said the group didn’t want to be a “rubber stamper” for the department’s initiatives, including the strategic plan.
“The commissioner might perceive us as being not as helpful to him as he would like us to be,” said Wright. “Maybe the council and commissioner didn’t see eye to eye on what issues were important to each, but we wanted to be helpful. [Having the council disbanded] was a real blow to some really dedicated people. I just look back through the years and I think the council, state and the Department of Education have been very blessed with a lot of people who make up this former council.”
Other former members who would not allow themselves to be identified went further. One told the Bangor Daily News that he saw Bowen’s action as “a retaliatory act … payback and cleaning house.”
Stone rejected that notion.
“A new commissioner came in about a year ago and it became clear to him in the course of doing business that the members of this council were not appointed correctly,” said Stone. “This is part of an effort to bring this council into compliance.”
Wright said some of the council’s members won’t go quietly and that some of the final meeting on Friday was used to write letters of protest to the federal Office of Special Education, the Legislature’s Education and Cultural Affairs Committee, the State Board of Education and the Maine Department of Education.
Kim Moody, executive director of the Disability Rights Center, said new governors and their administrations have every right to make their own appointments and that it happens frequently, but that in this case she feared a loss of continuity and expertise.
“That was quite a letter the commissioner wrote to the entire group,” she said. “Some of it was saying, ‘I don’t think you were doing your job.’ I think they thought they were doing a lot of good work.”
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“Retaliation?” Oh come on Maine Advisory Council. Do you honestly believe that the LePage administration or the Maine Heritage folks (Bowen’s first love) would ever lower themselves to PETTY RETALIATION? In the words of the great Gilda Radner (SNL) as Emily Litella, “Oh wait…..never mind.”
It is indeed questionable, Why would he do that? Unless he was told to?
By his boss, who happens to answer the phone in the governor’s office. You know, the one that REALLY lives in the Blaine House. Ole Paul goes the short commute to Waterville each night……party at the Blaine House tonite!!
LePage is pathetic, his Tea Party has failed, miserably…….now it’s time to reconcile.
The memo had the telltale “anonymous” Governor’s seal stamped on it. Oops.
The LePage Administration: His Way or the Highway!
Next Gubernatorial election it will be the ‘highway’ for LePlage……..there is NO WAY he will be elected again……
How else should it be? He is the one in office. You act like you know what the rest of us Mainers want. Many of us agree with his tough stances he has taken, so his way, just might be Our way!
He is one of many elected officials, and not a dictator. His job is to listen to the people, not pontificate from his ivory tower. His responsibility towards these children is to provide a program that helps them as much as possible, not to play the “my way or the highway” game with this panel. A small minority of voters, composed mostly of loudmouth whiners like him, are the only ones who agree with his tactics. The rest of us are dedicated to making him a lame duck this November, and showing him the door in 2014. Goodbye, Paulie.
You are right in that it is his job to listen to the people. But that includes ALL the people. Not just the noisy activists representing small numbers of actual people.
Like OWS?
“Noisy activists”? Were James Madison and Thomas Jefferson “noisy activists”? How about Albert Einstein and Martin Luther King? Was Jesus a “noisy activist”?
No, He wasn’t.
How so? Didn’t they fight for justice and speak out against injustice? What is the difference? BTW, the Occupy movement is made up of a large an incredibly diverse collection of people as is the majority of Mainers opposed to Tea Party shenanigans ala LePage policies. It is not a monolithic group who all think the same, have exactly the same ideology and bathing habits as right wingers try and pin them with. That is n out and out lie that simply makes Howie Carr listeners feel better about themselves. Peace,
j
Problems cannot be solved at the same level of awareness
that created them – Albert Einstein
________________________________
From: Disqus
To: natural_one87@yahoo.com
Sent: Wednesday, May 2, 2012 12:33 AM
Subject: [bdn] Re: Maine education commissioner disbands federally mandated panel
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dirigodad wrote, in response to proudmoonbat:
No, He wasn’t.
Link to comment
How about anonymous letter writers who complain about art work?
Loud mouth whiners? The whining I here is the people that hate the peoples choice of governor.
Bravo, They just don’t get it do they. Leadership changes and the administration is setting up advisory councils and boards the way it wants. This is a reasonable thing and it is the way government works. I agree with you and in fact a lot of Mainers agree also.
Right, why would we ever have a diverse opinion on anything.The best way to get the results one wants is to make sure all those one appoints believe exactly as you do.It’s certainly the best way to get the results exactly as you want them to be.Different opinions and ideas are dangerous , you know.
As we have seen by the Lib’s/Progressives attacks on any who dare disagree with them.
I may not agree with you, but I will defend to my death your right to agree with me.
===
That’s a pretty broad ,accusatory statement.
This is about doing away with a committee that looked out for disabled children. It seems to me that all the attacks on the weakess segment of the population. Whatever happened to compassion. Wait showing compassion is showing a weakness.
No it’s about disbanding a committee who was not organized in an acceptable manner. Sometimes the reset button must be pushed, this was a Ctrl. Alt Del. Once we reboot it will be working like a charm, and be in compliance with the Fed’s.
It is about policy. It has nothing to do with “libs” or “progressives”. It has to do with the principles this country was founded on. “Liberty and Justice for all” is not a leftist slogan. It is as American as anything from the mouth of Reagan or Gingrich. Quit your divisive partisan sniping and accept the fact that the Americans with Disabilities Act is the law as is special education. These aren’t left or right issues. They are right and wrong ones. Americans stand up for what is right. We have a social contract in this country and system of government. It is an American legacy not a liberal or progressive one. Think about it.
This is the way Bowen throws a tantrum…just more reserved than the Gov.
Certainly if there needed to be 2-3 additional sectors represented on the Board, that could have been accomplished without trashing the entire membership. The volunteers on these advisory boards represent scores of years of experience (some under Governors who were Ds, Rs & Is), and are drawn from different parts of Maine. But in this Administration, if the new-on-the-block Commissioner doesn’t like the questions they are asking as part of that role, he dismisses them.
This is in part why I – and increasingly others – are former members of the GoP.
I act like I know what the rest of you Mainers want? I gave my opinion regarding LePage’s leadership style. Confucius, don’t take it personally. LePage shouldn’t take it personally, but we know from experience, he will. I’m sure there are many Mainers who agree with you. I’m sure LePage is trying to do what he believes is the right thing for the State of Maine, but he treats anyone who disagrees with him as the enemy. He does not foster new ideas. He does not understand compromise. He has his own agenda, and feels so strongly that he is right, that when people disagree with him, he states they are out to get him. A healthy dialogue is good for the State, but this is not a healthy dialogue.
Well said.
Compromise is what has got us into this mess in the first place. And compromise with the left amounts to doing it their way or else.
Well i dunno but from what i here and read yuns are tha ones in the minority. can’t wait till november!
“Most of us”? That would mean a majority. The Governor did not win by a majority.
Our = 39% at best (wait, it’s actually worst).
It is about time!!’
You are exactly right. It’s time for LePage and Bowen to ride off into the sunset on their sorry, tired horses, never to be heard from again!
If you couldn’t tell from the educational initiatives that were proposed to the legislature recently, Bowen is as willing to throw special education students and the handicapped under the bus as Paulie is to throw the old and the disabled there. These Tea Party hacks have got to go before they put this state back into the nineteenth century.
You mean the 16th dont you ?
That would be the Renaissance and these two are no renaissance men. The Tea Party’s agenda is more reminiscent of the divisiveness this country went through in the mid nineteenth century.
I can already smell the basis for the next lawsuit to be filed against Maine’s most incompetent administration.
Bravo! I thought the same thing. The GOP does seem hell bent on reversing any gains the middle and lower class made in the past 100 years. If rich people didn’t act as though the rest of us existed to serve them, there wouldn’t have been the need for unions and other laws protecting our rights.
Come on; nobody, including the parents in many cases, cared about the “special needs” student during much of the 20th century, never mind the 19th century.
Many of those “special needs” students would not survive to school age, most those that did survive would have relegated to “institutions”, hidden from sight or abandoned to their own devices and ended up in jail or hanged. Those that escaped these ends became the village character.
So we should go back to that?
In no way would I advocate such a thing. I was pointing out that no one is interested in returning to either the 19th century or the 6th century, I suppose excepting some in the middle East, but that is another issue.
I disagree that some people would not want to go back to the 19th century. The 19th century was very good for a small number of people, very rich people.
I believe there are some very rich people in this country that would not be upset if things went back to the way of the 19th century. They would be able to roll back worker’s safety, workers rights and workers pay (there are some conservatives that want to remove minimum wage laws, overtime laws, etc), civil rights and environmental protections, etc.
federal rules require states to have two advisory panels for special education services — one for children birth to age 2 and another for ages 3 to 20. The Maine Advisory Council on the Education of Children with Disabilities has been fulfilling both roles for several years, said Stone, who added that LePage and Bowen intend to create two separate groups. well children dont go to school from birth to 2… do they??? why do we need two advisory panals… just saying
…
In fact, a lot of thought and planning went into
providing for both requirements in a legal, appropriate
manner. Most states do have two groups, but Maine had one large group. This method worked for Maine, a big state with a relatively small population. It saved time and money and met the federal requirements.
And we were all duly appointed; the two newest members got letters from Commissioner Bowen himself. People need to know that.
Because by throwing out the people who had the gall to take the side of Maine citizens over LePage’s reign of terror, they can now put Heritage Foundation weenies, who will gleefully endorse anything LePage wants, in all of the new panel’s seats.
He’s putting students first like his boss. Which students though?
He gets all the advice he needs from the governor, ALEC and the Koch brothers.
Yes they can make good sounding plans till you carefully read them. Then you find out what the plan really means. We need to put all kids first . It has nothing to do with money . It is call social responcebility .
He might not need their advice. His egg was hatched in that nest.
…and the Freemasons. Don’t forget them.
LePage considers any one that disagrees with him as the enemy.
The Advisory Council made the mistake of questioning his policies. Of course, he did it under the guise of following federal guidelines. If you believe that, I have a bridge to sell you.
But he’s viloating federal guidelines, invitging lawsuits.
So much for Children first. Guess that means when Bowen crys like a child he gets his way first.
Whaaaaa, Whaaaaaa, poor governor lepage, poor Stevie Bowen.
Sorry to say it, but this typical Bowen style. He doesn’t like being questioned. LePage needs to get rid of him.
Unfortunately, this is exactly LePage’s style.
I haven’t had that experience in my dealings with the Governor, but I have with Bowen. So I have to disagree with you on that point.
Just when I thought Bowden was coming up with some great Ideas for education . Maybe Lepage can teach these kids geometry by making furniture ? We all know Lepage has all the answers.
Another fine example of “People Before Politics”. How much longer before the “brown shirts” show up to patrol the halls of the State House?
I fear they’re already there. Vote ’em out this fall.
Considering our fine Presidents relationship with the N.B.P ‘s ,and the Justice Dept. blind eye to their actions, Your use of “brown shirts” Talking Point is amusing.
What does the National Braille Press have to do with anything?
Even they could see the silkiness of the Lib’s using the term Brown Shirt’s .
Cue the next lawsuit against the Administration in 3,2,1…
Well, perhaps they should all be combined into articles of impeachment, under the heading of a general failure to faithfully execute the responsibilities of the office of the Governor.
If the choir isn’t preparing to sing the tune you wanted to hear, get a new choir?
This little gambit isn’t going to fly.
“This is part of an effort to bring this council into compliance” said Stone. What a joke to compliment the joke of the LePage administration.
Neither Stephen Bowen nor any other gubernatorial administration official does anything without LePage’s approval. The best leaders surround themselves with advisors who will present varying perspectives for consideration. Dictators and megalomaniacs crave lackeys and sycophants. Hmm…which of these describes Paul Lepage?
Like Obama and his Chicago administration. Right?
This is about Bowman not Obama.
First the Commissioner’s name is Bowen.
Second I was commenting on the brilliant post which said, “The best leaders surround themselves with advisors who will present varying perspectives for consideration. Dictators and megalomaniacs crave lackeys and sycophants”. And the fact that it sounds like the present Federal administration. As we all know the body politic “rots from the head down”.
Oy. Why don’t you drag Jimmy Carter into the conversation too while you are at it? Talk about deflection. Stick to the subject, man. Obama is not part of this conversation. Call up Howie Carr if you need to vent your Obama hatred.
You need to follow the thread.
Reformedbipartisan wrote :”The best leaders surround themselves with advisors who will present varying perspectives for consideration. Dictators and megalomaniacs crave lackeys and sycophants.” in his tirade against Boen and LePage and I pointed out that the current Federal administration is as guilty or even more guilty of this charge and you clowns don’t feel that the Federal administration’s guilt is important. please try to be consistant.
Exactly. “The best leaders surround themselves with advisors who will present
varying perspectives for consideration. Dictators and megalomaniacs
crave lackeys and sycophants.”
How does this not apply to the LePage Administration? Can we stick to that? Why get into the Federal Government. The article and comments are squarely addressing State politics, not national. ” you clowns”? What’s up with that, yo? No need of that garbage. Your mention of consistency is a simple and obvious case of projection, a very common, but lame and ineffective right wing tactic to deflect valid and provable criticism of extremist right wing teawankery .
I wonder how much it is going to cost the taxpayers to fix what LePage has broken when he leaves for Florida at the end of his only term…SMH
Sounds like the advisory council wasn’t rubber-stamping policies being pushed by Bowen, and that Bowen has a dictator complex like LePage.
Why have an advisory council at all. We don’t have to pay the MHPC, we just have to follow their plans for every aspect of our servitude to them. They have our best interests at heart. The check is in the mail, I’ll love you in the morning, etc.
How many pockets were being lined by this so called large committee? Just asking!
Since it is an advisory committee, with no budget and no authority to require anything from anyone, I’ll go out on a limb and say NONE.
I can personally state that many on the MACECD board are volunteers ie. they don’t get paid. As for them not being properly appointed, I know at least one was appointed by Gov. Angus King. That individual is a private, but concerned citizen, with no business or DOE or other political ties to any associations who might benefit from the committees recommendations.
As for the minutes of ‘…the March 16 meeting at which my request was discussed to be disappointing’ one needs to hear both sides of that tale. Commissioner Bowen never met with this board and he sent a flunky to question them who knew very little at all about what the purpose of the board really was. You might say the board members were setup.
For those who have selflessly served on MAPEC & MACECD, thank you. And thanks to all at King St. who helped keep the wheels running and on track these many years.
Retiree: You seem to accuse lots of folks of being on the take. When you disagree with some one on this blog you accuse them of being on welfare. It strikes me that it is probably the case you are dishonest so you therefore think all others are on the take too. You apparently don’t have much to offer in terms of discussion. You have just insinuated that a 30 member citizens’ board is corrupt. I would say you are the one who is not trustworthy. Just saying!
I see this is strictly a democratic paper, only anti-gov. remarks are published.Must be because Pingrees honey bought the paper companies here in Maine. You may not accept my comments in this paper but facebook will and alot more people read that.
He bought the largest stake in Maine Today Media(Morning Sentinel, Kennebec Journal, Press Herald, Sunday Telegram, Coastal Journal)which has no affiliation with the BDN. This paper posts the comments of pretty much anyone. Unless you are using profanity to insult someone, there is no reason you cannot express your opinion to this story. After all, I was able to reply to this comment of yours. I have seen articles, in this paper, where the only comments were praises for the Guv. Funny thing is, when all the comments are from conservatives, you don’t hear democrats crying about how biased or how much of a slant this paper has.
I see that you jumped to a conclusion without anything close to enough information to form an educated opinion.
That’s a pretty sticky comment “honey”!
You can’t be serious.
The sheeple are out strong on this one.
Oh, I get it… you combined the word “people” with the word “sheep,” thus implying that people with whom you disagree must be mindless followers incapable of independent thought. Har har har… good one! You sure are a clever chap!
LOL
It is a somewhat tired term but accurate nonetheless.
This ALEC and MHPC driven agenda is ruining the State of Maine. This administration does NOT have the best interests of the people in mind. It’s only interest is furthering their extremist agenda, destroying the unions, destroying public education, destroying our healthcare, destroying our society. They continue their war on the people and must be stopped before they succeed in creating a third world country.
I think it is better than the liberalism that preceded it.
Better for the few perhaps, but not for the majority. Fascism is never good for the people.
Referring to the LePage administration as fascist is simply stupid.
The ALEC and MHPC agenda across the country is clearly fascist in nature. The ideology of the LaPlage cabal is also.
How is it fascist?
The emphasis on deregulation, small powerless government, increased corporate influence of elected officials to the point of corrupting the process in favor of the corporations, the emphasis on privitization of public institutions and services, etc. The list goes on. FDR once stated that when private power overcomes public power, it’s called fascism. Benito Mussolini said ” Fascism should appropiately be called Corporatism as it is the merger of state and corporate power.” If you cannot see that the emphasis of ALEC, MHPC and the LaPlague cabal is pro corporate and anti people thus fascist in nature, you are blind.
Nice grab bag of assertions were any of it true.
Can you disprove them?
Of course, but would it be worth the effort. The Mussolini quip was interesting but entirely out of context. It reminds me of Obama’s suggestion that Romney would not have taken out OBL if given the opportunity.
In other words, “no”. You cannot disprove them. Nice.
Exactly. Very astute comments.
try a dash of sanity with your cereal this am – you have your political parties mixed up.
Stephen Bowen is a joke and when he is done screwing up Maine, he will be back in Virginia faster than you can say ALEC.
Yet another case of “get with our program or get out of the way.”
Didn’t the kings do this to parliaments back before 1800 or so?
No surprise with this man’s actions….question and your gone. Fits the LePage administration actions to date. Unfortunately Bowen is the one unfit for duty. In November, in the voting both, the Republican Party will pay dearly.
It’s interesting to note that as soon as Bowen ‘canned’ everybody that he goes out and says he’s ‘looking for people to serve’. Why ? He had a group in place. That he ‘canned’ everybody, and then immediately went ‘looking’ tells me that he not only has people waiting (Gee, can we all say MHPC and ALEC cheerleader’s’!) but that since this panel was Federally mandated, he’s also trying to avoid the Fed’s from coming in and taking a good long look at what he, and whoever is directing him, are doing, namely packing these type panel’s with political brownnoser’s instead of the much needed community input that the Panel was created to provide. This act is more an outright public admission that both Bowen and LePage are incapable of managing their responsibilities and are going to eliminate anyone that has an opinon or arguement that is not in lock-setp with their own, i.e., My way or the highway. Gee, doesn’t this sound familiar ?
If the Fed’s ever decide to come knocking on Bowen’s door 1 morning and start looking at the files and letter’s that cover this, well, Bowen would be well advised to get his attorney, not the AG (He knows better than to obstruct a Federal investigation) on speed dial. Once the Fed’s find that private political issue’s and interest’s were the reason that Bowen ‘canned’ everyone, not for ineffectiveness, then he’s gonna be looking down the VERY short barrel of a Federal Grand Jury’s questioning his motive’s. And as Bowen goes so does the rest of the crowd. And given the number of Special Need’s kid’s in this State that needed to have their need’s addressed by this Panel, it makes one wonder just why Bowen is trying to re-invent the wheel ? The Fed’s, and you can bet the woodlot that the Parent’s will be also, are going to be looking and asking the same question’s also. The only real difference is that the parent’s vote. This whole thing goes ‘kablooey’ and the fallout is going to be impossible to escape from. And every time a parent look’s at their Special Need’s child, they are going to be reminded of just who is responsible for their need’s going unmet. If LePage thought he had problems before now, he ain’t seen nothing yet.
The panel was supposd to mak a report and make some recommendations about this past year. The paperwork will not be used or thrown out. The panel members were discarded too.
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Speaking as a high school student with a hearing disability, this is utterly frustrating.
Thank you for sharing your frustration. Issues like this are viewed in an entirely abstract political context by far too many people (on both sides of the political spectrum, but in this case it’s clearly the LePage admin and supporters). We all need to be reminded periodically that real people have to deal with the consequences.
Again, thank you.
It might be nearing the end of the Maine school year, but there are clearly more topics this committee could/should have discussed. I don’t feel the Commissioner realizes how even a short dismissal of the panel might affect students in Maine. We might be losing some important brainstorming sessions or a chance to implement something new.
I know I’ve always had support throughout my school career, from third grade up until my senior year (this year). I’d hate to see another student with disabilities lose support or the chance to further their education. Even if the committee does re-form, it’s the ‘break’ from the work that disturbs me.
How is this affecting you personally?
It’s not necessarily a personal problem for me educationally speaking, and I doubt it really will be, since I’m graduating in a few short weeks. But it’s certainly an issue that hits home for me and will for others if the loss of this panel means a break in the “effort to improve the state’s special education programs.” The loss of generated ideas or solutions, and the lack of communication between the commissioner and the advisory panels is very disappointing.
Julia,
I commend your efforts at overcoming your disabilities and thank you for your reply. My inquiry really goes to the heart of where these responsibilities lay. Is this a task that falls within the scope and power of the Federal government? I do not think so. The very same ideas and discussions you mention are well suited for local school board resolution. These are the things that local boards, parents and students should be discussing and resolving. Ultimately this issue is about local control or State vs. Federal.
Thank you very much.
I still believe there should be a state council with federal ties mandating this issue. I don’t feel that local boards have the power or knowledge to help students with disabilities advance themselves. Of course, parents of the students and students with disabilities should have input on these boards. I don’t know how much input they have currently.
I would not have any serious issues with a voluntary cooperative effort with the Federal government in this matter. However, local education is not the prerogative of the Federal government.
You yourself argued that federal law *is* applicable when protecting the civil rights of individuals. Whether you believe they should be or not, individuals with disabilities are a protected class. IDEA protects their Constitutional rights, so a mandated oversight committee absolutely falls under the doctrine of federal supremacy.
All citizens are a protected class with regard to Constitutional rights. What rights have been abridged in Maine with regard to education for disabled citizens that would cause Federal government intervention? That intervention on behalf of an aggrieved citizenry would be the only justification for their involvement.
My understanding of this panel is not to address discriminatory grievances.
The problem with your argument is the premise it is based on. And that is the concept of “protected class”. In effect you are distorting the entire concept of equal justice by making some people more equal than others.
Think George Orwell and Animal Farm.
Even if we were to take what you are saying as truth about the way things should work in the U.S (a premise with which I completely disagree, but don’t even need to reject), it doesn’t much matter when applying the laws as they stand.
The problem is that you’re confusing the “is” with the “ought.” You can argue all you want about the way things ought to be, but that alone does not change the way things are. Individuals with disabilities ARE a protected class in the realm of federal civil rights law (and also, just for the record, according to Maine constitutional rulings too). Accordingly, acts of Congress–such s IDEA–automatically supersede state policy.
If you disagree that this is the way things ought to be, work to change things. But you can’t argue that the Governor of Maine has the right to ignore federal law on this issue.
I understand completely the difference between “is” and “ought”.
What I also understand is that the two of us have completely different ideas about what “ought” to be public policy and law.
You believe society “ought” to have protected classes. I believe the very concept of protected classes is unconstitutional and in the long run will fragment society in destructive ways. At this time in history your belief “is” the law of the land.
I do not even have a problem with the ADA as it was originally conceived and explained. It was supposed to ensure equal access and opportunity, both concepts completely compatible with the constitution and a civil, moral society. But in the intervening years the original concept has been corrupted. What was supposed to ensure equal opportunity has been used by activists to demand policies to ensure equal outcome. New laws, (and law suits), rules and regulations are constantly being added to try and force this concept of equal outcome.
The problem is that ensuring equal outcome in life is impossible. No matter how many laws, rules, and regulations are passed it will never happen. But to even attempt this as public policy requires making some people “more equal than others”.
So, I imagine that they are looking for some “Real Americans” to make up a new committee. Are you a Teabilly who thumps your Bible, and waves a flag while railing against the socialist takeover of America? If so, please apply today !
Yes, apple pie loving patriots. I’m all for them.
Are you implying that liberals aren’t patriotic and don’t love apple pie? Must one agree with the radical right to be patriotic? Hmmmm….
It has been my experience that most Progressives are unpatriotic. The OWS aka Stinky Movement comes to mind quickly.
Patriots care deeply about their country. Sometimes so deeply that they fight to change what is unjust. When a “progressive” puts his hand over his heart or visits the Grand Canyon or celebrates the Fourth of July, he is no less patriotic then bozos like Ted Nugent, Glenn Beck or Hank Williams Jr. Possibly more so, in their own way. Anyone who actually believes to the contrary is blinded by partisanship and putting ideology over country. I find that to be most unpatriotic, indeed. OWS will be millions strong this summer and your insults do nothing to diminish their strength, numbers or impact. You’ll see. Fasten your seat belt. It is going to be one long, hot summer.
There is nothing wrong with challenging an opinion, or being challenged.
The board raised questions, and for that they were canned. That’s not a
healthy exchange of ideas. That is fascism.
Fascism – a governmental system led by a dictator having complete power, forcibly suppressing opposition and criticism, regimenting all industry, commerce, etc., and emphasizing an aggressive nationalism.
Well Done – now what other commissions, advisory boards and panels can be gotten rid of? Don’t go away mad Mr. Government Man, just go away!
Agreed
You realize how ignorant that statement sounds. It’s the conservatives always squawking about having students with disabilities in the regular classroom, and how doing so is costing too much money and taking attention off the “regular” students. Liberals have historically fought for disabled adults & children, for the poor, etc., NOT the conservatives.
You can’t be serious.
Yup,unfortunately they believe this mess, sad really.
You believe that it’s the conservatives who fight for the disabled adults and children in this country?
Yes, I do. As opposed to the libs who have created a culture of entitlement and dependance on Government which has resulted in a very large segment of our society who need to be taken care of,unable to care for themselves. It’s a Feed a man to fish v.s Teach a Man to fish, sort of thing, except the Lib/Progressives have gone further and regulated fishing to the point where all this man can do is eat his Gov. fish allotment and hope for the best.
So you flagged my comment and had it taken off because I pointed out it was the Liberals who don’t care about children with disabilities, yet you are blaming conservatives.
Is there a way to tell who flags a comment or are you lashing out at TrueNative because he disagreed with you?
I didn’t flag anyone’s posts.
Do you realize how ignorant your comment sounds? The ADA was promoted and signed into law by George H.W. Bush in 1990. It was amended with support from George H. Bush in 2008. The latter President has long been active in personally supporting a variety of disabled veteran activities and causes.
The sky is falling!! The Sky is falling!!!!
Those of you suggesting that people on the committee were “lining their pockets” or that they had some hidden political agenda need to quit the scare-tactics and alarmist rhetoric.
The article (and federal education policy, if you could be bothered to look into it) clearly states that the committee’s purpose and sole authority is to assure that the state is adhering to IDEA requirements; requirements which the committee had found that the Maine Dept. of Ed. wasn’t fully meeting. But they hadn’t even called out Bowen on not meeting IDEA regs, only that the committee itself didn’t have the proper representation in its current membership (and–surprise, surprise–the missing members were intended to represent poor kids, children in special education, and children from homes that receive public assistance).
There was absolutely no reason for LePage to have disbanded the current committee, and the claim that he was doing so to meet US Department of Education regs is absurd beyond belief, as a new committee must now be formed starting from scratch. This will delay oversight of the state’s education plans for 6+ months, a fact that almost assuredly is *not* a coincidence.
Why do we have “Federal education policy” imposed upon any State?
Because of Article VI, Clause 2 of the United States Constitution.
That is a ridiculous reply. The text of clause 2 is:
This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.
Now, what section of the US Constitution gives the Federal government primacy over education in the various states and communities that would give the above any weight? Please do not reply with “commerce clause”.
It’s not absurd at all, and it is backed by (literally) two hundred years of Supreme Court case law. It s known as the “Supremacy Clause” and it has repeatedly been cited–and affirmed–as establishing federal law as “supreme” and overriding of state laws. It is the foundation upon which we have a federal government in the first place.
If you want to argue that the Supremacy Clause doesn’t apply to application and enforcement of IDEA, then you’d better be ready to argue that Brown v. Board of Education of Topeka (for example) was an unconstitutional ruling. And if you make that argument, you must then assume that the federal government has no right to enforce the Civil Rights Act in the states.
If you don’t think the Supremacy Clause ought to be in the Constitution, then by all means feel free to apply the Privileges and Immunities Clause of the Fourteenth Amendment. The only reason why it has been used less frequently in arguing federal supremacy is because there is already so much precedent in the application of the Supremacy Clause that it has been unnecessary. But look at the rulings in almost *any* challenge to the laws of Congress and you will see that the SC Justices cite Privileges and Immunities on their own, without it even having been argued by the state.
Finally, it’s clear that you mistook my reply as flippant or harshly sardonic. Believe it or not, that was the exact opposite of my intent. My natural inclination was to begin my post with a sarcastic dig because I read your comment as being pretty absurd (given the history of the issue). But I intentionally limited my reply to a direct answer to your question. If you took it the wrong way, then I apologize for coming across as a jerk.
The Brown case addressed individual rights that fit into the scope of the Supremacy clause. Dictating the educational prerogatives of the general education requirements of students living in Dover-Foxcroft, Maine does not fall within the auspices of the Supremacy clause.
First, how and why wouldn’t the Supremacy Clause apply to Ed. laws that apply to the education of kids in Dover-Foxcroft, Maine? How is an act of Congress concerning “general educational requirement[s]” any different than any other federal law?
Next, as IDEA was enacted to assure educational opportunities for protected class citizens (disabled students in special education), it is lost directly analogous to the Brown case and ruling. So I’m not really sure why you don’t think the Supremacy Clause would apply here.
You can’t selectively apply the parts of the Constitution you like, and ignore the case law you don’t. This is the same thing Intell my progressive friends about the Second Amendment. I they don’t like it, they need to ratify and amendment to alter it. Likewise, if you think Madison was wrong about federal supremacy and that state’s rights ought to supersede federal law, you need to change at least two foundational clauses (and in the process effectively dismantle the Union). Good luck with that.
Managing and administering education is not a specific Constitutional responsibility of the Federal government and as such is constitutionally reserved to the States and individuals.
You are arguing that there is no such thing as implied preemption. Again, you can disagree and argue–as a very strict constructionist–that the federal government *should not* be able to regulate anything not explicitly defined in the Consttution, but two centuries of judicial review has affirmed Congress’ implied powers.
Even Antonin Scalia recognizes the precedence of implied powers under the Supremacy Clause. Yes, he repeatedly dissents in opinions in an attempt to establish a new doctrine of strict express preemption, but as of yet the majority rulings have continued to support implied powers.
“Diane Smith Howard, who until recently was a staff attorney for the Disability Rights Center in Augusta, was a member of the council for several years. She said while she recognizes the department’s desire to follow federal guidelines, she believes that there were other reasons why Bowen chose to dissolve the group — including its review of Bowen’s strategic plan, which Howard said has little in it about special education.”
So the professional litigator acknowledges the fact that the federal guidelines are not being followed currently. Yet she “believes” that somehow Commissioner Bowen has formulated a strategic plan that in all other areas would violate federal guidelines. Talk about cognitive dissonance.
And the hysteria notwithstanding in this Comments section, administrations get to choose like-minded people to advance their policies. I guess we’re supposed to believe that Democrat governors filled up their appointments with mostly Republicans.
DemocratIC* (There, fixed that for ya’.)
The oldest trick in the book: divide and conquer. Brought to you from Augusta by Bully Jr..
This panel is federally mandated, has been in existence for more than 15 years and was never in compliance with the mandate.
The State of Maine should have been sued by the Federal Government a decade ago.
Now the Commissioner of Education and the Governor are trying to bring this panel into compliance with the law, and people are worried about fixing this problem.
Are the Commissioner and Governor “cleaning house”? Maybe. Does the panel need to be cleaned out? Probably.
The panel has produced a document that the Commissioner has found to be not useful and asked for clarification. In response to the request and one committee of the panel only seemed to debate whether the Commissioner had asked for material that either was not their job or was irrelevant. Two other panels just tried to deflect the request.
If these people worked for me (oh wait they do!) I would fire them on the spot. The Commissioner and Governor were absolutely right.
As to losing continuity, some of the members will be reappointed and the point of keeping minutes is to help provide continuity. If this is not the case, why keep minutes at all.
Personally I think that the crying about this is just a case of political PC BS.
Why should the Federal government sue anybody over something that is outside their (Federal) constitutional scope of control?
Do you contend that the Federal Government has no “scope of control” over education issues?
If you are willing to aceccpt that I will agree, but If the Federal government does have purview, then State could be sued.
Can’t have both ways.
Personally I don’t think that the Federal government has any authority over education.
I argue that the Federal government has no Constitutional authority to force any state or community to adhere to Federal dictates regarding the management and administration of educational issues unless the lack of such results in the violation of individual constitutional rights. In that case, the Federal government has the obligation to intervene.
Like all liberals, you say one thing and in the next breath repudiate what you just said.
The Federal government either does or does not have purview over education. make a choice and stick to it.
First, I am likely considerably more conservative and radical than yourself. Secondly, the Federal government has a Constitutional obligation to secure the constitutional rights of individuals when they are being breached by a State. Another interlocutor presented the appropriate passage, Article VI, Clause 2 (the Supremacy clause) that gives the Federal government authority to supercede state laws when they impinge on Constitutional rights and obligations. However, there is nothing that grants the right and privilege of managing and regulating education to the Federal government. If you cannot make and understand that distinction, then you have little more to bring to the discussion.
Since there is no provision in The US Constitution for the Federal Government to be involved in education. The Federal Government has no interest in education. So far I agree with you.
Then you seem to say that the Federal Government has an interest in protecting Constitutional rights. At his point we need to decide what is a Constitutional right. Is education a Constitutional right? Is welfare a Constitutional right, is keeping abd carrying firearms a Constitutional right, Is marriage a Constitutional right.
If education is a right then the Federal government has the DUTY to educate all students.
As for being more conservative than I am , it truly depends on your definition of conservative and liberal. WE may even agree.
As the grandmother of a 12 year that needs a lot of help, I sure hope you don’t mess to much with the Special Ed programs. He is trying really hard to keep up as it is. I fear that if the special ed programs are lost, he will fall by the way side.
Time for the Feds to sue LePage and his gang of Thugs. LePage doesn’t want Federal money, fine, time for the Feds to save it or send it to a state that can use it to help its children. Time to sue Christie of NJ too. For the Federal Transportation money Christie stole. The money was suppose to be for a tunnel not Christie’s pet projects and payoffs. These Tea Party Governors are out of control.
Thw conservatives are against federal money until they want something. I tell them all the time,”We aren’t taking federal money, are we?”
The members of the panel weren’t thinking the way we told them to think…So we’ll get rid of the panel so we can recreate it stacked by a bunch of Heritage goons. Just about par for this “administration”.
Off with their heads!!!!
Queen of Hearts anyone?
This administration does not care what the Federal Government requires. We all see they (lePage and his followers) do whatever they want to do. It is time for them to go!
Isn’t that pretty much what the current Federal administration does as well? It is time for them to go.
This is a good move regardless of the merits of the board or it’s objectives. The Federal government has no business requiring any State to do any such thing
How hard is it for the board to write a report of the past year??? an write an opinion on how next years should be like.. Why would they through politics into it?? All they had to do is do their job, I guess they didn’t and they have been expelled
It is not “education” that is a right. It is equal protection and access under the law that has been deemed to be Constitutionally protected. If the state takes upon itself to educate it’s population or provide such, then it has a Constitutional obligation to provide equal access to all of it’s citizens who meet the qualifications established. This is where the Supremacy clause comes into play. The Federal government may establish laws that fall under it’s constitutional obligations and enforce those protections and rights against the various states. That was the impetus of Brown v. Board of Ed as another poster mentioned.
What is not the domain of the Federal government is management and administration of local schools. That is not an activity specifically spelled out in the Constitution and is therefore reserved to the states and individuals.
As for conservative v. liberal, my screen name is a play on words and is not an indication of liberal sympathies. A quick browsing of my posts would buttress that point rather sufficiently.
Jinkies scooby! From what I have read here, Commissioner Bowen needs to look no further. It sounds as though many people posting on this link know a heck of a lot about education, special education and federal mandates. Click on the link attached to cast your hat into the ring. I’m sure Mr. Bowen would be impressed enough with your striking intelligence to appoint many of you to the advisory board.
commish.doe@maine.gov
What a guy. Don’t rubber stamp his debatable policies and get canned. What a guy! And we’re supposed to trust him to head this important department?
LePage and this guy Bowen, a TeaParty hack straight out of the corporate right wing Maine Heritage Policy Center, the Maine arm of Grover Norquist’s National Heritage Foundation, are a disgrace to this state. They are arrogant radicals and simply disasters. What can we do? The first and best thing is to CRUSH the Maine Republican TeaParty at the voting booth this November, re-take the legislature, and place a very serious check on their power. Then two years later we toss LeBUFFOON the heck out of the Blaine House in a very big way.