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Exam Code: ISEE Practice exam 2022 by Killexams.com team
ISEE Independent School Entrance Examination

The Independent School Entrance exam (ISEE) is an admission test developed by the Educational Records Bureau (ERB) for its member schools as part of their admission process. The ISEE was created by Measurement Incorporated, Durham, NC, and ERB, with assistance from faculty of ERB member schools.

The current edition has been updated to include educational assessment best practices and to align with national standards in English and mathematics as articulated in standards adopted by the National Council of Teachers of English (NCTE) and the National Council of Teachers of Mathematics (NCTM). Nearly two-thirds of the questions on the ISEE were developed by ERB-member faculty and administrators from a cross section of independent schools across the United States under the direction of test development specialists at Measurement Incorporated.

The ISEE is the admission test of choice for many independent schools throughout the country and abroad. Test sites are available in numerous cities during the admission testing season. The ISEE consists of five sections at three levels designed to measure the verbal and quantitative reasoning and achievement of students in grades 4–11 seeking admission to grades 5–12 in independent schools. Students seeking admission to grades 5 or 6 take the Lower Level; students seeking admission to grades 7 or 8 take the Middle Level; and students seeking admission to grades 9–12 take the Upper Level.

It is important to note that the ISEE may not be taken for practice; it may be taken only for the purpose of providing scores to participating schools as part of the admission process. An applicant may take the ISEE only once per admission season or six month window.

The five sections that make up the ISEE are (in order of testing): Verbal Reasoning, Quantitative Reasoning, practicing Comprehension, Mathematics Achievement, and an Essay which is written by the student in his or her own handwriting in response to a given writing prompt. Each section is designed to tap into a unique aspect of a students preparation for academic work.
The first four sections are composed of multiple-choice questions. The fifth section, the essay, is not scored but requires the student to respond in his or her own handwriting to a preselected writing prompt.
The first two sections, Verbal Reasoning and Quantitative Reasoning, measure the applicants reasoning ability.
The Upper Level Verbal Reasoning section consists of two types of items: vocabulary and sentence completion. Each vocabulary item consists of an abstract, grade-level appropriate word followed by four possible answer choices. Each sentence completion item consists of a sentence with one missing word or pair of words followed by four potential answer choices. A student must select the word or pair of words that most appropriately completes the context of the sentence.
At the Upper Level, the Quantitative Reasoning section consists of word problems and quantitative comparisons. The word problems differ somewhat from traditional mathematics achievement items in that some of them require either no calculation or simple calculation.
Mathematics Achievement items conform to national mathematics standards and ask the student to identify the problem and find a solution to a problem. The items require one or more steps in calculating the answer.

Independent School Entrance Examination
Certification-Board Independent teaching
Killexams : Certification-Board Independent teaching - BingNews https://killexams.com/pass4sure/exam-detail/ISEE Search results Killexams : Certification-Board Independent teaching - BingNews https://killexams.com/pass4sure/exam-detail/ISEE https://killexams.com/exam_list/Certification-Board Killexams : Williamsburg Board of Education approves district facilities plan

Nov. 30—WILLIAMSBURG — November's regular meeting for the Williamsburg Independent Board of Education was a relatively brief and routine affair, highlighted by members' approval of updates to the district facilities plan.

New to the plan are proposals for athletic improvements including artificial turf, concessions stand and locker rooms. Superintendent Tim Melton explained that inclusion in the plan clears the way for any district needs to be presented to the Kentucky Department of Education for approval but does not necessarily mean that any given project will move forward.

"I've had to explain that to people in town," board chair Kim Williams commented.

Based on recommendations from the district's local planning committee, the plan now goes to KDE for final approval.

In other business, board members:

—recognized elementary counselor Maggie White with an award for "going the extra mile" with her students.

—recognized Beta Club officers, DECA officers, and FFA officers.

—were advised that Williamsburg Independent School was one of 32 recognized across the commonwealth as family friendly. Supt. Tim Melton reported that work on the certification began with the pandemic, continuing through the latest statewide celebration of Family Engagement Week.

—approved the district's audited financial report for the school year ending June 30, 2022.

Wed, 30 Nov 2022 02:35:00 -0600 en-US text/html https://news.yahoo.com/williamsburg-board-education-approves-district-163500867.html
Killexams : Goose Creek CISD knew of teacher's criminal investigation before hiring her, letter shows © Houston Chronicle

Goose Creek Consolidated Independent School District officials knew a teacher was under investigation in another district, but hired her after she produced documentation reportedly absolving her of an accusation of neglectful supervision, a letter to parents states.

Melody Michel LaPointe, 47, was one of three people indicted by a Liberty County grand jury in connection to an investigation at Liberty Independent School District. LaPointe; Tarah Michelle Tinney, 33; and August Costlow, 27, were accused of keeping a student in isolation and withholding food before the child ate his own feces and drank his own urine, court documents state.

More from Matt deGrood: Pearland employees violated state water policies, told contractors to dump bleach into Clear Creek

LaPointe left Liberty during the investigation and took a job at Hopper Primary School in Goose Creek Consolidated Independent School District near Houston.

She told district administrators about the investigation, saying it would end shortly, according to the letter.

“To keep you informed of what we know, the teacher, who was offered a position in the Spring of 2022 to begin in August 2022, made the district aware there was an investigation for an incident in Liberty County that she expected to be concluded shortly,” district spokesperson Kristyn Hunt Cathey wrote to parents. “Additionally, the teacher provided documentation from the Texas Department of Family Protective Services that an allegation of neglectful supervision had been ruled out.”

LaPointe, when reached for comment Friday morning, referred the Houston Chronicle to her attorney, David Glenn Williams. Calls to his number were not immediately returned.

Representatives for the state agency declined to comment about the letter, or investigation into LaPointe, explaining the criminal investigation was separate from anything it did.

"DFPS' job in school investigations is to gather information, conduct interviews and turn over the results to the school district and TEA to assist in their decisions about any further action they'd like to take," said spokesperson Marissa Gonzales.

The district received a good recommendation from her previous employers and no criminal history came up in a background check, Hunt Cathey said.

FATAL SHOOTING: Gunman in Spring Branch Thanksgiving shooting targeted ex-girlfriend, new boyfriend, records show

LaPointe remained on administrative leave with Goose Creek, pending the result of this criminal investigation, Hunt Cathey said.

The district has received no complaints or concerns about the educator during her time in Goose Creek, Hunt Cathey said.

LaPointe, Tinney and Costlow have been accused of holding a child in an isolation room in 2021.

Attorneys representing Liberty ISD provided a written statement in response to questions about the allegations surrounding the former employees.

“Providing a safe and caring educational environment for our children is Liberty ISD’s first priority,” it said.

Administrators referred the investigation to Child Protective Services and law enforcement as soon as the district received complaints, according to the statement. The employees were removed from the classroom and the district conducted an investigation.

The district shared the results of that investigation with law enforcement and the State Board for Educator Certification, and all three employees left the district, according to the statement.

Fri, 02 Dec 2022 09:24:00 -0600 en-US text/html https://www.msn.com/en-us/news/us/goose-creek-cisd-knew-of-teachers-criminal-investigation-before-hiring-her-letter-shows/ar-AA14PlZq
Killexams : Amid scandal, UK researcher joined Bourbon County Schools. Complaints are coming again. No result found, try new keyword!Eric Smart was a high profile researcher at UK who resigned amid scientific misconduct and sexual harassment investigations, but got a job as a science teacher with the Bourbon County Schools. Fri, 02 Dec 2022 01:01:00 -0600 text/html https://www.kentucky.com/opinion/linda-blackford/article269032112.html Killexams : New York State outlines priorities for 2023-2024 academic year: Here are 6 key areas of support

STATEN ISLAND, N.Y. — The state has announced its top education priorities for the 2023-2024 academic year, focusing on supporting lifelong opportunities and creating equity in education for all students, according to the New York State Education Department (NYSED).

The state Board of Regents outlined its budget and legislative priorities on Monday, which include proposals like universal pre-K, universal access to Career and Technical Education (CTE), expanding opportunities for services and programs, supporting districts with rapid enrollment growth, and expanding access to school meals.

To carry out priorities, the Board advanced a comprehensive $3.4 billion State Aid request to build capacity at the state and local level.

“Our state’s future hinges on access to high-quality education for every child beginning at pre-K, leading our students through successful learning pathways to careers, college, and lifelong learning opportunities,” said Chancellor Lester W. Young Jr. “These results will only become a reality through targeted investments and a fundamental commitment to equity in state funding for our school districts most in need.”

The 2023-24 Regents and Department budget and legislative initiatives prioritize three key areas of critical need aligned with three guiding principles: fostering lifelong learning, academic success and improved outcomes; advancing equity, excellence and access; rebuilding the department’s capacity to best serve the public.

To address these areas, funding requests fall into six key places of support for students, educators, schools, professionals and residents:

  • Streamlining SED-Administered Early Childhood Programs;
  • Improving High School Opportunity and Career Success Programs;
  • Expanding Funding Equity, Excellence, and Access;
  • Fostering Student Health and Well-being;
  • Enhancing Teacher/Leader Preparation and Development; and
  • Bolstering Data and Systems Modernization.

The Regents State Aid Proposal advocates for investments to Boost educational opportunities for all students and calls for $3.4 billion in additional state aid for the 2023-24 school year and additional commitments thereafter.

The Board of Regents is committed to supporting all school districts through three key proposal components:

  • Fully funding foundation aid and other state aids as provided under current law.
  • Providing universal access to Career and Technical Education for all students wanting such programs.
  • Providing multiple options to encourage districts to engage in greater regional collaboration to provide expanded educational programs and services to students.

“Supporting our schools is paramount to everything we do at the Department,” said State Education Commissioner Betty A. Rosa. “When we began working with the Board to develop the State Aid and Legislative priorities, we consulted with the field to figure out the most pressing needs and our strategic goals. With the input of our stakeholders, the State Aid and Legislative priorities have been carefully crafted to ensure all schools have the resources necessary to provide every student with the opportunities and support needed to succeed. We look forward to working with the executive and legislature to secure sufficient funding for all the important programs outlined in our State Aid and Legislative priorities.”

Here is a closer look at the 2023-24 Regents Budget and Legislative Initiatives.

Fostering Lifelong Learning, Academic Success and Improved Outcomes

Streamlining Early Childhood Programs - $21.1 million: This initiative would redesign NYSED’s prekindergarten funding with the goals of providing universal access for all four-year-old students by 2030, and for all three-year-old students by 2035. It would also reduce barriers to dual enrollment of preschool students with disabilities in inclusive PreK classrooms.

High School Opportunity and Career Success

Expand Student Access to Career and Technical Education (CTE) - $1.4 million: This would provide access to high-quality career and technical education (CTE) to advance student learning and expand New York State’s economy. For 2023-24, the state would allocate $1.4 million for 14 staff to manage the increased volume of CTE program approvals.

College and Career Pathways - $10.5 million: NYSED would support programs for high school students to obtain transcripted college credit and/or pursue a career pathway.

Regionalization - $631,000: The state would provide a menu of regionalization options for school districts to support available statewide educational programming.

Opportunity Programs - $11.1 million: This initiative includes programs such as: Higher Education Opportunity Program (HEOP), Science and Technology Entry Program (STEP), Collegiate Science and Technology Entry Program (CSTEP), and Liberty Partnerships Program (LPP).

NYSED will support programs that Boost outcomes and opportunities for students from historically underrepresented and economically disadvantaged populations. For 2023-24, $11.1 million (a 10% increase over 2022-23) will be allocated to enhance supports and services to the students assisted by these programs.

New York State Summer School of the Arts (NYSSSA) - $2 million: Combine the success of the arts scholarship and NYSSSA programs.

My Brother’s Keeper - $18 million: Continuation of current funding levels to support the My Brother’s Keeper program.

NYS Standards Implementation/Graduation Measures Work - $569,796: Standards revision and implementation in health, computer science and the arts, aligned with the work of the Blue Ribbon Commission on graduation measures.

Advancing Equity, Excellence and Access

Advancing Culturally Responsive Sustaining Education (CRSE) - $961,460: Align NYS Learning Standards and practices to the Culturally Responsive and Sustaining Education Framework.

Civics Education, Diversity, and Religious Tolerance - $1 million: Reprogram available funding to develop educational resources in lieu of developing a curriculum.

NYS English as a Second Language Achievement Test (NYSESLAT) - $5 million: Meet federal and state requirements to annually assess English Language Learners (ELLs).

Computer-based Testing (CBT) Implementation - $21 million: Support the transition to 100% computer-based testing (CBT) implementation for grades 3-8 English Language Arts, mathematics and science assessment.

Continuing exam Translations - $500,000: Provide ELL students with the opportunity to test in their native language.

Translating Department Issued Guidance and Documents - $1.6 million: Communicate crucial information about available education programs and services to parents and students who do not speak English as their primary language.

Enhancing Supports and Services for Postsecondary Success of Students with Disabilities - $15 million: Provide enhanced supports and services to students with disabilities pursuing postsecondary study.

Capital Needs of the Indigenous and State Operated Schools - $250,000: Meet immediate health and safety needs and establish capital planning process for the five state-owned school buildings that is comparable to that required in state law for other public school buildings.

Foundation Aid Study - $1 million: Ensure state aid funding is allocated where it is most needed.

Tuition Rate-Setting Reform - $2.5 million: Address inherent flaws in the tuition ratesetting methodology for approved providers of school-age and preschool special education services that threaten the viability of service provision.

Student Health and Well-Being

Expanding Access to School Meals - Funding not specified: Support the Governor in making Universal Free Lunch, Breakfast and Snack a priority.

Learning About and Growing Healthy Foods in Schools - $2 million: Integrate food, nutrition and agriculture education into the regular, standardsbased classroom curriculum.

Implementation of Erin’s Law - $700,115: Maintain, review and update education materials, information and resources to implement Erin’s Law (Education Law 803-b).

Rebuilding NYSED’s Capacity to Serve the Public

Align Appropriations with Administering Agency - Funding not available: For 2023-24, move appropriations for programs administered by other state agencies from NYSED’s budget to the respective administering agency’s budget.

Relieving School District Mandates - $375 million: Eliminate redundant reporting requirements and fund valid school district prior year state aid claims and penalty forgiveness.

State Aid for Public Library Construction Program - $45 million: Address the statewide need of $1.52 billion for public library construction and renovation, and address library structural needs for adequate broadband infrastructure.

Build Sufficient Department Staff Capacity - $12.9 million: Ensure sufficient staffing capacity for the Department to provide exceptional customer service. Over the past 20 years, NYSED’s Office of Information Technology Services (ITS) has lost over 40% of its staff.

Cultural Education Revenue Account and Local Government Records Management Improvement Fund – Fee Increase - Amend the current fee structure to fully support and fund current operating needs of the Office of Cultural Education by stabilizing the Cultural Education Revenue Account and Local Government Records Management Improvement Fund by increasing the current county-collected surcharge by a total of $10.00. In the absence of a fee increase, $17 million in additional annual general funds in 2023-24 would be necessary.

Increase Direct Storage Fees for State Records Center - $1.4 million annually: Align fees with actual costs.

Office of Teaching Initiatives – TEACH System Modernization - $1.75 million: Streamline teacher certification processes.

Data and Systems Modernization

Information Technology – Critical Procurements - $1.96 million: Prevent disastrous IT outages and ensure sufficient data center support.

State Education Department Reference File (SEDREF) Modernization - $1.5 million: Ensure the viability of the system that is the single authoritative source of core identifying information on institutions from which NYSED determines compliance with policy, law and regulations

Office of School Personnel Review and Accountability (OSPRA) – Upgrade Test Fraud Reporting Portal and Case Tracker - $500,000: Replace outdated and unsupported fraud reporting technology to Boost capabilities, create efficiencies, mitigate risk, and prevent data corruption and loss.

State Office for Religious and Independent Schools (SORIS) – Non-Public School Payment System Modernization - $2 million: Ensure the viability of the system used to support the Smart Schools Bond Act and five programs for religious and independent schools.

Office of the Professions – Modernization Initiative - $5.16 million: Continue development of a new electronic licensing and document management system for the Office of the Professions.

ADDITIONAL EDUCATION NEWS

New York Regents exam results: Here’s how Staten Island did compared to rest of the state

When is winter break for NYC students? Here are key dates from public and Catholic school calendars.

Staten Island high school JROTC participates in honorary walk | In Class column

NYC new early Gifted and Talented kindergarten application timeline: What you need to know for December

NYC announces path forward to transform special education in public schools

Study highlights best college towns, cities in U.S. See were NYC ranks.

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Mon, 12 Dec 2022 04:17:00 -0600 en text/html https://www.silive.com/education/2022/12/new-york-state-outlines-priorities-for-2023-2024-academic-year-here-are-6-key-areas-of-support.html
Killexams : Low-Wage Workers Such as Beauticians Face Unnecessary Licensing Burdens

Master chef Thomas Keller started as a dishwasher and worked his way up. Culinary superstar Tom Colicchio taught himself to cook in high school. And Food Network host Ree Drummond studied gerontology.

None of these food experts attended culinary school. None passed state exams. And none paid for occupational licensing. They just put on their aprons and started cooking.

Unfortunately, a similar career path would be illegal in the beauty industry. Idaho hair braider Tedy Okech risked criminal prosecution and civil fines of up to $1,000 per violation when she immigrated from Uganda and started serving clients in her new community.

Okech had the right skills, just not the right permission slip from the government.

She learned African-style hair braiding in her youth from family and friends, so she had no need for formal education to study her craft. Idaho beauty schools don’t teach braiding anyway. Yet the state demanded attendance.

“I shouldn’t need the government’s permission to use a safe skill I learned when I was little to provide for my family,” Okech says.

If she had wanted to work in a commercial kitchen, she could have started earning a paycheck immediately. But to work in her chosen occupation, she needed to complete 3,200 hours as a cosmetology apprentice or 1,600 hours as a cosmetology student. Tuition and fees often top $16,000 — not counting lost wages for time spent in the classroom.

Rather than accept the arbitrary rules, Okech sued Idaho in March 2022 with representation from our public interest law firm, the Institute for Justice. State lawmakers responded by repealing the licensing requirement for braiders. Yet barriers remain for millions of workers in dozens of industries nationwide.

Interior designers need six years of education and experience before they can earn income in Louisiana and Nevada. Day care providers need an associate’s degree in Washington, D.C. And specialty contractors like carpenters, cement finishers and drywall installers often need more than one year of experience to satisfy licensing requirements — no matter how much skill they have.

License to Work,” an Institute for Justice report published on November 29, 2022, examines 102 lower-income occupations and finds beauty professionals commonly face especially high barriers. Most of these beauty workers are women, and many are immigrants.

Some aspiring beauty professionals choose alternate careers to avoid the expense. Others hide in the shadows, looking over their shoulders when they work.

Raven Dybedahl, a freelance makeup artist, risks prosecution every time she provides on-site services at weddings and other special events in Fargo, North Dakota. “I feel like I’m on the black market to do a job that I love,” Dybedahl told state lawmakers in 2021.

After Mississippi ended licensing requirements for hair braiders in 2005, more than 6,700 workers — mostly African American women — joined the formal economy. Louisiana, which still criminalizes unlicensed braiding, has fewer than 20 registrants in the same occupation.

The Louisiana Board of Cosmetology defends the licensing requirement as a safety and sanitation precaution, but the more likely reason for the mandate is economic protectionism. Salon owners benefit from rules that limit competition, and beauty schools benefit from forced enrollment. The Pelican Institute for Public Policy, which opposes government favoritism in Louisiana, blames the state’s resistance to reform on the “usual entrenched status quo.”

Thousands of braiders likely remain underground as a result of licensing, which leaves them vulnerable. They cannot even report mistreatment without exposing themselves to prosecution.

Food handlers face none of these risks. When the government requires any training at all for back-of-house staff, it’s usually just a 30-minute online course costing less than $10. Little else is needed to ensure public health and safety — the only legitimate reason for regulators to interfere with a person’s right to earn an honest living.

The lack of mandatory schooling for chefs should not alarm anyone. Unlicensed does not mean unregulated.

Governments have less intrusive ways to protect consumers. Regulators can — and often do — conduct site inspections, enforce deceptive trade practice acts, require bonding or insurance, and offer certification options for professionals who want to set themselves apart. Customer reviews create additional accountability. So does the threat of litigation.

Chefs who want to hone their skills can still enroll in culinary school. But mandatory education is not necessary.

The same model could work at beauty salons. Health inspectors already make visits and check for code violations. Employers already enforce hiring standards. And clients already use Yelp and similar sites to report experiences. The industry is regulated in multiple ways.

Many beauty professionals would continue to pay for formal education — with or without mandates — because they take their occupations seriously. Managers attend business school, writers attend journalism school and designers attend art school for the same reason. They want to be good at what they do.

Licensing advocates don’t trust this motivation. They predict disaster without forced schooling. Yet they undercut their argument every time they dine out. Eating is more closely associated with risk than visiting a salon or barbershop. The Centers for Disease Control and Prevention estimate that 48 million people in the United States get sick every year from foodborne illness. Meanwhile, an independent government report from Hawaii finds that “barbering and beauty culture pose a minimal risk to the public’s health, safety, or welfare.”

Despite the data, regulators acknowledge that licensing chefs is unnecessary. The rules are the same whether diners choose fast food or a five-star resort.

Policy makers should remember this reality when designing regulatory regimes for other industries. Multiple studies, cited in the new Institute for Justice report, show that licensing hurts workers financially, reduces employment and entrepreneurial opportunities, and raises consumer costs.

Culinary school is not always necessary, and neither is beauty school. By scaling back or eliminating licensing requirements, states can bring honest workers out of the shadows.

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Sun, 11 Dec 2022 01:00:00 -0600 en-US text/html https://truthout.org/articles/low-wage-workers-such-as-beauticians-face-unnecessary-licensing-burdens/
Killexams : A Conservative Theory Too Extreme Even for This Supreme Court

Comment

This Supreme Court hasn’t exactly been shy about issuing extremely conservative rulings. Even so, one pending case stands out for its combination of dangerous and unhinged. That case is Moore v. Harper, and involves the so-called independent state legislature theory. The bad news is that Wednesday’s oral argument underscored how outrageous the argument for it is. The good (or at least, less-bad) news is that it seems most of the justices want to reject it.

The independent state legislature theory is the product of an opportunistic, hyper-literal interpretation of the US Constitution. According to Article I, section 4 of the US Constitution, “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.” The theory asserts that this means a state legislature can violate its state’s constitution in congressional elections, and that the state’s supreme court may not stand in the way because the legislature must have the final word.

In a second, I’ll tell you why this is unhinged. But first, let me tell you why it’s dangerous. If the state legislature can violate its own state constitution in federal congressional elections, logically it could do the same in a presidential election. Under their bad-faith arguments, a state legislature could overthrow the people’s vote for president — and the state’s supreme court would have no ability to block it. Hence, a rogue state legislature could determine the outcome of a presidential election. Presumably, they are also counting on the US Supreme Court to stand by and let it happen.

Justice Elena Kagan put it simply, if a little too politely. The theory, she said,

might allow the legislatures to insert themselves … in the certification of elections and the way election results are calculated. So — and in all these ways, I think what might strike a person is that this is a proposal that gets rid of the normal checks and balances on the way big governmental decisions are made in this country. And you might think that it gets rid of all those checks and balances at exactly the time when they are needed most.

Now for the unhinged part. Leave aside that no one so much as mentioned this independent state legislature notion at the nation’s founding. Leave aside that the language of the US Constitution just carried forward the language of the Articles of Confederation. The basic issue is that, to the founders and to us, state legislatures only exist as creatures of the state constitutions that bring them into existence.

According to the American theory of government, the people are sovereign. The people create a constitution. That constitution creates the legislature. It follows that the state constitution controls everything the legislature may do. And since state supreme courts interpret state constitutions, they get to say whether state legislatures have violated them. 

Here’s Justice Ketanji Brown Jackson on the subject, crystal clear: The US Constitution is “not giving just anybody in the state that right” to choose the time, place and manner of elections. “They’re giving [it to] somebody called the legislature and, in order for us to have a thing called the legislature, we have to look at the state constitution to determine … what that entity’s powers are, how they can be exercised.”

Even the lawyer for the independent state legislature theory admitted at oral argument that the words “state legislature” would have to include the governor, who can veto whatever the state legislature does. Why? Because the veto power is written into the state constitution — the very document the theory’s proponents claim is irrelevant.

Chief Justice John Roberts pressed this point early on. In response, the lawyer claimed there was a difference between “procedural” limitations, like the veto, and what he called “substantive” constitutional rules, like a state constitutional rule against partisan gerrymandering.

Justice Amy Coney Barrett pounced on this proposed distinction. “As a former civil procedure teacher,” she said, “I can tell you [that] is a hard line to draw and a hard line to teach students.” This was a nice way of saying the lawyer’s distinction was junk.

Add Roberts and Barrett to the liberals, and you’ve got five votes — enough to block this unhinged theory from becoming dangerous law. As a bonus, Justice Brett Kavanaugh also seemed inclined to reject the most extreme part of the argument, which he noted went beyond former Chief Justice William Rehnquist’s opinion in Bush v. Gore. When something is worse than Bush v. Gore, it’s really bad.

It’s alarming that this insane theory has made it this far, but we can all breathe a tiny bit easier knowing the odds are against it. That counts as good news — or at least, less-bad news.

More From Bloomberg Opinion:

• Supreme Court Pits Free Speech Against LGBTQ Rights: Noah Feldman

• Supreme Court Should Separate Sleazy Lobbying From the Criminal Kind: Stephen L. Carter

• The Supreme Court’s Other Conservative Revolution: Noah Feldman

This column does not necessarily reflect the opinion of the editorial board or Bloomberg LP and its owners.

Noah Feldman is a Bloomberg Opinion columnist. A professor of law at Harvard University, he is author, most recently, of “The Broken Constitution: Lincoln, Slavery and the Refounding of America.”

More stories like this are available on bloomberg.com/opinion

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Wed, 07 Dec 2022 21:33:00 -0600 en text/html https://www.washingtonpost.com/business/a-conservative-theory-too-extreme-even-for-this-supreme-court/2022/12/08/275a135c-76f4-11ed-a199-927b334b939f_story.html
Killexams : The Year Ahead: Education in 2023

Universities incorporating Indigenous education, inflated post-secondary grades and student protests are in store

This story is part of our annual “Year Ahead” collection. Read the rest of our predictions for 2023 here.

Schools have become battlegrounds: in 2023, more parents will pull out of the public system, universities will face mass protests and grade schools will experience security threats. The upsides? Greater safety measures and new options in distance learning. Here’s a look at the year ahead in the world of education: 

1. Student safety will be a top priority

Student life after the massacre in Uvalde, Texas, has become even more fraught with potential threats. Several schools in Vancouver, Saskatoon and the Greater Toronto Area went into lockdown last year due to incidents near or on school property, and administrators are now spending portions of their budgets on video surveillance, self-locking doors and other security measures. Some Canadian students have even reported fake emergencies—including a 14-year-old Hamilton girl last May—and such false alarms are only expected to continue. The going concern at school boards, and among parents, is that kids won’t take safety measures seriously when a real threat presents itself. 

2. International students will flock to our schools

Last year, Canada toppled the U.K. to become the third-most desirable study destination for international students (just behind the U.S. and Australia). That’s good news for colleges and universities: these students pay a premium. The government has also embraced more international pupils as a solution to a rapidly aging workforce, offering incentives like a temporary suspension of limits to off-campus work time. Paul Davidson, president of Universities Canada, wants schools to set targets for students specializing in health care, trades and the sciences to meet the needs of Canada’s evolving labour market.

3. The skilled-trades gap will widen to a chasm

By 2028, an unprecedented 700,000 skilled Canadian tradespeople are planning to retire. As a result, it will be harder and more expensive to build housing and critical infrastructure—right when we need it most. Ontario Premier Doug Ford has hinted that in 2023, he’ll introduce legislation that would shorten the existing year-long certification period to 30 days for out-of-province tradespeople (across 35 professions). The Trudeau government, which says 75,000 new apprentices need to be hired annually to meet demand over the next half-decade, has launched a campaign to promote the most sought-after positions by region, with the hope that more young people choose a career in the skilled trades. 

4. Post-secondary grades will keep inflating

Universities often stake their reputations on GPAs and graduation rates, and students—bolstered by grade inflation in high schools—have come to expect better results, genuine or not. Since the early 2010s, class averages have been rising at McGill, Western, the University of Toronto and the University of Waterloo. COVID only added more complexity to the mix, with professors—mindful of struggles with distance learning—skewing more lenient in their grading. University administrators are creating task forces to study the impact ballooning grades have on academic integrity, but it’s a tough trend to reverse. In 2023, companies doing on-campus recruiting will be wondering whether transcripts reflect reality.

5. More parents will abandon the public school system

The remote-learning fiasco gave many parents fresh insight into how decades of budget cuts have undermined public schools. Even though Toronto’s population is exploding, the Toronto District School Board projects a loss of more than 4,000 students in 2023. Meanwhile, enrolment at Canada’s independent schools rose 21 per cent from 2006 to 2020. Among the reasons parents are choosing bespoke learning: more trust in the curricula, and the promise of individualized attention that students need to succeed. In Ontario, a quarter of all schools are now independent (a total of 1,576), and in 2023, that number will only grow. 

6. Higher learning will become more accessible 

Online and distance learning for post-​secondary credit exploded during the pandemic. In 2020, more than 660,000 Canadians chose to learn via MOOCs, or massive open online courses. (The University of Alberta and the University of Toronto, in particular, attracted tens of thousands of new registrants.) COVID also forced many instructors to spice up their teaching methods; Zoom can really flatten an instructor’s delivery. And while MOOCs are typically free, they’re lucrative for education-tech companies and course designers—a market projected to be worth US$152 billion by 2032.

7. More schools will integrate art and science

Since the early 1990s, academia has placed a heavy focus on the disciplines of STEM—that’s science, technology, engineering and math. But many educators argue that an arts-free curriculum short-circuits critical thinking. Enter STEAM, an emerging learning philosophy that mixes the sciences and the arts using challenges like maze building (which requires problem solving) and video-game creation (coding plus storytelling). University admissions officers are advocating for STEAM education from K to 12 as a way to ensure more well-rounded learners. In Ontario, some school boards are even hiring consultants to run workshops on optics, acoustics and automation. 

8. Schools will struggle to manage student protesters

In 2021, protesters beheaded a statue of Ryerson University’s namesake and founder, an architect of residential schools. The revolt caused the school to rebrand in 2022 as Toronto Metropolitan University, and sparked similar reckonings at Queen’s, McGill, Dalhousie and the University of New Brunswick. Campuses are used to political heat but, thanks to social media, today’s students are better organized and tapped into an international push for social justice. They’re demanding instructors resign over missteps and calling for more diverse faculty and curricula. In response, administrators are doing what they do best: studying the matter. Concordia University, for example, formed an anti-Black racism task force with eight sub-committees, which released recommendations late last year.

9. AI will match students with study-abroad programs

More students are relying on education tech to navigate the post-secondary landscape, and there are few better examples of its potential than ApplyBoard. The eight-year-old tech company, based in Kitchener, Ontario, was launched by UWaterloo mechanical and mechatronics engineering grad Martin Basiri—along with his younger twin brothers Massi and Meti—to make studying abroad easier than ever. The AI-powered platform matches students with international study programs and recruiters at 1,600 institutions, providing guidance in a slick, intuitive package. Martin was inspired to start the company after battling red tape during a move from Iran to Ontario to study. So far, more than 400,000 students have used the tech, and the company is now valued at $4 billion.

10. Universities will incorporate Indigenous knowledge into their programs

This September, the University of Victoria will launch the world’s first-ever MBA program devoted to Indigenous reconciliation, in which students will study business administration in Indigenous not-for-profit organizations. It’s one of many recent attempts to fill the Indigenous knowledge gap in Canadian academia, inspired by recommendations outlined by the Truth and Reconciliation Commission. In addition to the MBA, UVic will offer a master’s degree in Indigenous nursing. Other new academic efforts include a new specialized Indigenous law certificate from the University of Ottawa, a mandatory Indigenous-knowledge course for undergrads at the University of Prince Edward Island and—starting this year—a dental therapy program at the University of Saskatchewan that will address the field’s labour shortage and train students for work in Northern communities.

This story is part of our annual “Year Ahead” collection. Read the rest of our predictions for 2023 here.


This article appears in print in the January 2023 issue of Maclean’s magazine. Buy the issue for $9.99 or better yet, subscribe to the monthly print magazine for just $39.99.

Tue, 06 Dec 2022 00:24:00 -0600 en-US text/html https://www.macleans.ca/year-ahead/year-ahead-education-international-students-public-school-university/
Killexams : FHLBank San Francisco Board of Directors Among Top 20 Finalists for 2022 NACD Diversity, Equity & Inclusion Awards

Federal Home Loan Bank Of San Francisco

2022 Awards Recognize Exemplary Board Practices Related to Diversity, Equity & Inclusion

SAN FRANCISCO, Dec. 05, 2022 (GLOBE NEWSWIRE) -- FHLBank San Francisco announced today that its board is one of 20 boards that have been named as finalists for the 2022 NACD Diversity, Equity & Inclusion Awards. The awards recognize boards that have improved their governance and created long-term value for stakeholders by implementing forward-thinking diversity, equity, and inclusion (DE&I) practices.

“It is a great honor for our majority-diverse board to be recognized for a second year in a row by the NACD,” said Simone Lagomarsino, chair of FHLBank San Francisco’s board of directors and chief executive officer of Bank member Luther Burbank Savings. “Because of the Bank’s cooperative structure, the composition of our board is a result of the value that our more than 300 member financial institutions – who nominate and elect our diverse mix of both member and independent directors – place on supporting and continuing to invest in the efforts of Bank leadership to make diversity, equity, inclusion, and belonging such an essential and enriching part of the Bank’s culture.”

“FHLBank San Francisco has worked to achieve great strides in creating an equitable boardroom,” said NACD President and CEO Peter Gleason. “NACD is proud to honor FHLBank San Francisco for advancing DE&I in their boardroom and throughout their organization.”

FHLBank San Francisco is a cooperative wholesale Bank with $108.5 billion in assets that finds strategic advantage in enabling and promoting DE&I throughout the organization. All directors are members of the board’s DE&I Committee, which has oversight on performance targets for the three pillars of the Banks’s DE&I strategy: workforce diversity, equity, and inclusion; supplier and capital markets diversity; and business activities diversity.

The Bank's Chief Diversity Officer reports directly to both the CEO and the Board’s Diversity, Equity & Inclusion Committee and regularly reports on the Bank's progress toward achieving defined objectives. In addition, all members of the Bank’s extended leadership team which includes all senior vice presidents, completed Cornell University’s eCornell Diversity & Inclusion Certificate to enrich and demonstrate their commitment to being effective champions for DE&I at FHLBank San Francisco. In 2021, FHLBank San Francisco’s board was proud to be one of three winners of the annual NACD DE&I Award™.

2022 winners will be announced at the NACD DE&I Awards Gala at Gotham Hall in New York City on Wednesday, December 7, 2022.

Visit the NACD DE&I Awards site to learn more about the gala. For more information on NACD’s commitment to advancing DE&I at the board level, and for further insights, trends, and perspectives on this issue, please visit the NACD Center for Inclusive Governance™ and the NACD Diversity, Equity & Inclusion Resource Center.

About Federal Home Loan Bank of San Francisco

The Federal Home Loan Bank of San Francisco is a member-driven cooperative helping local lenders in Arizona, California, and Nevada strengthen communities, create opportunity, and change lives for the better. The tools and resources we provide to our member financial institutions — commercial banks, credit unions, industrial loan companies, savings institutions, insurance companies and community development financial institutions — promote homeownership, expand access to quality housing, and boost economic development. Together with our members and other partners, we are making the communities we serve more vibrant, equitable, and resilient.

About NACD
The National Association of Corporate Directors (NACD) is the premier membership organization for board directors who want to expand their knowledge, grow their network, and maximize their potential.

As the unmatched authority in corporate governance, NACD sets the standards of excellence through its research and community-driven director education, programming, and publications. Directors trust NACD to arm them with the relevant insights to make high-quality decisions on the most pressing and strategic issues facing their businesses today.

NACD also prepares leaders to meet tomorrow’s biggest challenges. The NACD Directorship Certification® is the leading director credential in the United States. It sets a new standard for director education, positions directors to meet boardroom challenges, and includes an ongoing education requirement that prepares directors for what is next.

With an ever-expanding community of more than 23,000 members and a nationwide chapter network, our impact is both local and global. NACD members are driven by a common purpose: to be trusted catalysts of economic opportunity and positive change—in business and in the communities we serve. To learn more about NACD, visit www.nacdonline.org.

Media Contacts

Mary Long
Senior Director, Marketing Communications
FHLBank San Francisco
415.616.2556

Shannon Bernauer
(571) 367-3688

CONTACT: longm@fhlbsf.com sbernauer@nacdonline.org
Mon, 05 Dec 2022 04:00:00 -0600 en-NZ text/html https://nz.finance.yahoo.com/news/fhlbank-san-francisco-board-directors-180000204.html
Killexams : The Court Case That Could Legalize the Next Coup

On Wednesday, the Supreme Court heard the most consequential case of this term, Moore v. Harper. If the justices reach the wrong decision, the case could fundamentally shift who has the power to decide controversies arising from popular elections—and make it easier for Republicans to launch their next coup attempt.

The case centers on the gerrymandered congressional map approved by North Carolina’s Republican-controlled state legislature last year. That map was so favorable to Republicans that the North Carolina Supreme Court found it violated the state’s Constitution. Republicans (who obviously wanted to keep the unconstitutional map and the electoral edge it conferred) appealed to the US Supreme Court to let them reinstate the map using an asinine argument known as the “independent state legislature theory.”

According to this theory, state legislatures are the only arbiters of election rules in their states. Never mind the state Constitution (which is approved by the state legislatures) or the state courts (which interpret the Constitution the state legislature agreed to) or the governor (who can override the state legislature by veto) or the board of elections or other commissions (vested with power given to them by the state legislature), and never mind the voters themselves (who elect the state legislature and, in some states, adopt statutes or constitutional amendments through popular referendum): The independent state legislature theorists would have you believe that the only check on state legislatures’ election-setting powers is the federal Constitution.

The ostensible textual basis for this theory comes from Article I, Section 4 of the Constitution—more commonly known as the Elections Clause—which states: “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.” North Carolina’s independent state legislature theorists have somehow decided that this line gives all the power over elections to the state legislature, and the state legislature alone, despite the fact that not one court in the 230-plus-year history of this country has ever interpreted the clause that way.

It’s just not a credible argument on the law. It’s unsupported by history, and it flies in the face of the practical realities of running a democracy. The theory is ludicrous, and, frankly, I’m sick of pretending these archconservative legal arguments are anything other than intellectual poop thrown at the judiciary by an ill-tempered monkey who lacks the skills to make a more scholarly argument. A teacher once told me, “There are no stupid questions.” She was wrong.

But the theory isn’t just off-base; it’s also dangerous. Republicans are arguing that they can upend over 200 years of election law and precedent based on a newly invented interpretation of one word—“legislature.” If they get away with it, any law, right, or constitutional principle can change or be taken away whenever Republicans feel like vesting political authority in a comma.

The immediate dangers of this case are just as dangerous as the long-term implications. Remember how I said that independent state legislature zealots claim that the only power that can rein in state legislatures that go too far is the federal Constitution? Well, in reality, the federal government can’t be counted on anymore to fix what state legislatures break. That’s because in 2019, in Rucho v. Common Cause, the conservative-controlled Supreme Court ruled that political gerrymanders are “nonjusticiable” by federal courts—meaning, effectively, that only state courts can apply constitutional principles to partisan mapmaking. The combination of the North Carolina Republicans’ independent state legislature theory and the conservative court’s theory about “nonjusticiability” creates a constitutional dead zone where no court, state or federal, can check the power of a state legislature to gerrymander its way to permanent partisan control of that legislature and the state’s congressional delegation.

And wait, it gets worse, because the federal Constitution also gives broad power to the individual states to define the “time, place, and manner” of all sorts of electoral matters. Under the North Carolina theory, a number of electoral processes traditionally carried out by nominally nonpartisan state boards of elections could come under the sole purview of partisan state legislatures, without even the option of judicial or constitutional review. And then there’s the elephant in the room: certification of each state’s slate of electors in a presidential election. If North Carolina prevails, certification could also become a matter at the sole discretion of state legislatures, without any opportunity for judicial review.

If all this sounds like Republicans are trying to zip-tie the Constitution until it declares Donald Trump the president, it should. What North Carolina Republicans are trying to do is no less than legalize the next coup. Obviously, showing up on January 6 with guns and blunt-force weapons didn’t work the last time these kinds of Republicans tried to overturn the results of an election. Next time, they’ll show up with fake electors made “real” by a partisan legislative process that can’t be contested through normal constitutional means.

In 2020, courts rejected Trump’s legal arguments to overturn the results of an election that had already happened, but the Supreme Court was willing to entertain this case, which can make the coup easier to pull off legally the next time around. Neal Katyal, who argued the case on behalf of the voters that North Carolina’s Republicans are trying to disenfranchise, got to the heart of the matter when he pointed out that the North Carolina position would essentially invalidate state constitutional voter protections in all 50 states.

It should go without saying that this addled inversion of normal constitutional order found support from at least some of the conservatives on the Supreme Court. Clarence Thomas, whose wife, Ginni, was in 2020 busy shopping the independent state legislature theory alongside the rest of her plans to overthrow the government, sounded totally onboard for the chaos. So too did Justices Samuel Alito and Neil Gorsuch.

Gorsuch’s defense was especially odious. He argued that the theory is what prevented the state of Virginia from adding a “three-fifths clause” (to count slaves as three-fifths of a person for the purpose of congressional apportionment) to the Virginia Constitution. He made it sound like the Virginia state legislature (a group of enslavers who profited off of human bondage) was the bulwark against that particular form of white supremacy. Left unsaid by Gorsuch, of course, was the fact that Virginia had no need to put a three-fifths clause into its state Constitution because it was already a part of the federal one written by Gorsuch’s beloved founding fathers, many of whom were Virginians.

When Katyal told him he was wrong, Gorsuch tried to make it sound like the lawyer was defending the three-fifths clause (he was not). It was an argument so risible I honestly think Gorsuch made it in open court just to tempt Ketanji Brown Jackson to rise up out of her seat and hit him with a shoe. (She didn’t take the bait. I would be in jail.)

But the astute reader will notice that I’ve only mentioned three of the five justices needed to make North Carolina’s nightmare America’s reality. Going into oral arguments, I assumed alleged attempted rapist Brett Kavanaugh would be a fourth vote. That’s because Kavanaugh has worked to make this theory a thing, and that started all the way back when he was a lawyer for George W. Bush during the 2000 election. In Bush v. Gore, Chief Justice William Rehnquist argued for the independent state legislature theory as a reason why the court-ordered Florida recount should be stopped in deference to the wishes of the Republican-controlled Florida state legislature.

Rehnquist’s opinion was not the grounds on which the Supreme Court eventually stopped the recount. Again, the independent state legislature theory is a fringe thing that’s never been recognized by an American court. But Kavanaugh is on the record supporting it. There’s even a clip of him talking about it with CNN’s Wolf Blitzer in 2000.

So it was surprising when, during oral arguments in Moore v. Harper, Kavanaugh seemed eager to distinguish Bush v. Gore from the case North Carolina was making. Kavanaugh argued that Rehnquist was right, and that the independent state legislature theory could be applied to statutes, meaning that the legislature is the final arbiter of the laws they themselves pass. But he suggested that state courts might hold the final say over the interpretation of the state Constitution, including whether redistricting maps violated it. It’s a bit of a thin slice of the legal pie: It doesn’t make a lot of sense to say that state courts can interpret constitutional law but not statutory law. But at least Kavanaugh wasn’t coming out as an unhinged chaos merchant like Gorsuch was. A ruling that the North Carolina Supreme Court had the right to review the North Carolina maps, but made an error in the application of their power, would still be a bad decision, but not a democracy-changing one.

The real swing vote in this case was always going to be Amy Coney Barrett. The three liberals are against the independent state legislature theory, and so is Chief Justice John Roberts. (Even though this case is fundamentally Roberts’s fault—it was his decision in Rucho that set the stage for the constitutional dead zone North Carolina now seeks to exploit—Roberts wants to deliver more power to courts, not take power away from judges.) But unlike all the other conservatives, Barrett has no priors on this issue. She hasn’t said anything about it before, and, as far as we know, isn’t married to anybody who supports the violent overthrow of the American government. I don’t even think Jesus has a solid position on the independent state legislature theory.

Barrett’s questions suggested that she simply wasn’t buying what North Carolina was selling. Now, you have to be careful with practicing the tea leaves when it comes to Barrett, because, based on what I’ve seen from her brief Supreme Court career, she’s a person who asks smart, thoughtful, probative questions that make it seem like she’s really wrestling with the issue, only to side with the most extreme and brain-dead conservative theory of the case when the votes come in. Still, for what it’s worth, her questions got at the intellectual inconsistency of North Carolina’s argument, and she sounded unimpressed by the answers their lawyers gave in response.

We’ll have to wait until June (most likely) to know how the court will rule on this case. But if the case fails, it will simply be because the nihilist wing of the Supreme Court tried to go a step too far. Remember, conservatives on the court don’t need to adopt this cockamamie theory to ensure smooth sailing for Republican candidates in upcoming elections. The conservatives have already allowed for state-level partisan gerrymandering without any federal interference. They’ve already empowered voter suppression schemes by neutering the Voting Rights Act. And they already hold a Supreme Court veto over any liberal policies that do slip through the few cracks they’ve left for democratic self-government.

Conservatives don’t need the independent state legislature theory to secure additional victories for the Republican agenda. That’s my best hope for why it will be rejected. Conservatives have rigged elections well enough that they don’t have to repudiate them.

Thu, 08 Dec 2022 04:20:00 -0600 Elie Mystal en-US text/html https://www.thenation.com/article/politics/indepdendent-state-legislature-moore-harper/
Killexams : Civilian oversight of police is popular, but does it work?

(Editor’s note: This article is part of “In Pursuit,” an investigation into police reform and accountability in America, produced by the Carnegie-Knight News21 program. For more stories, visit inpursuit.news21.com.)

By Sarah Emily Baum & Henry Bredemeier | News21

PHOENIX — In the wake of protests sparked by the murder of George Floyd in 2020, a record number of cities have created or revamped civilian review boards to provide accountability for police misconduct.

During 2020 and 2021, 25 major U.S. cities launched civilian oversight agencies — more than were created in the five preceding years combined, according to a University of Chicago study.

The study found that more cities are adopting “multitiered, multifunctional oversight systems,” and many have expanded the power and authority of these bodies. According to the study, 71 of the top 100 most populous U.S. cities have some form of a civilian oversight board.

“Every community has its own history with law enforcement when looking at oversight structure, and there has to be work with all the stakeholders so it’s done with, instead of to, the community,” said Cameron McEllhiney, training and education director for the nonprofit National Association for Civilian Oversight of Law Enforcement.

The hyperlocal nature of civilian oversight can make it thrive, she said, but it also means evaluating the success of any such agency can be a challenge.

“Measuring efficacy is the million-dollar question,” McEllhiney said.

Designed to increase civilian influence over police functions and operations, these oversight groups vary in power, influence and resources, experts say. A handful can subpoena witnesses, others can only make recommendations for disciplinary measures, which police administrators can choose not to follow. Some take a broad look at policy, while others have investigatory powers.

Supporters say the best oversight boards can deliver accountability and increase the public’s understanding of police. But law enforcement officials often are wary.

“There is resistance by police officers or law enforcement because of their concerns that review boards don’t have much understanding of what they’re up against, the quick decisions they need to make with limited time and a real feel for the day-to-day encounters on the street,” said Tim Dimoff, a security consultant near Akron, Ohio, who has worked with such boards.

Others contend that too many oversight boards lack real power and deliver nothing more than a placebo of public reassurance.

In Raleigh, North Carolina, Black Lives Matter activists blasted civilian-oversight efforts as “facades for accountability” because state law prohibited subpoena powers and did not deliver the oversight boards say in the discipline of officers. Utah lawmakers banned civilian oversight bodies from having authority over police department decisions. Newark, New Jersey, sought to establish a civilian review board but was stymied by a police union lawsuit, in which the state court ruling limited the board’s powers.

“If the only reason or even the primary reason to get involved in civilian oversight was the outcome of cases, I would not be doing this work,” said Roger Smith, director of Phoenix’s Office of Accountability and Transparency, which is charged with monitoring police misconduct. “It’s way too depressing on that front. But the great benefit of it is that it empowers the community to get involved in the process of shaping their policing in the future.”

Review boards in Vermont, New York and Phoenix provide a look at different models for civilian oversight boards and the controversies that accompany them.

Bennington, Vermont — The Neighbors

Like most American law enforcement agencies, the police force in Bennington, Vermont, has fewer than 50 sworn officers. Most review boards are established in large cities. (Wikimedia Commons)

Why it was established: Police “practices have sown deep mistrust” between Bennington’s residents its police force, according to a 2022 report by the International Association of Chiefs of Police that led the town to launch the Community Policing Advisory Review Board in March.

Community activists had called for a review board for years, accusing the department of biased actions, such as an arrest based on racial profiling, alleged police harassment of an interracial couple and failing to protect a Black elected official who the target of death and was racist harassment.

Board type: Bennigton has an advisory board, meaning it reviews broad policy changes to Boost the department, such as by reviewing training procedures and use-of-force protocols. Of the 100 biggest U.S. cities with civilian review boards, 14 percent have a board that follows this model.

What sets Bennington apart: Bennington, home to just over 15,000 mostly white residents, is known for its lush forests and rich history — it was the first European settlement in the state, and the Bennington Battle Monument commemorates its crucial role in the Revolutionary War.

Bennington’s police force of 40 is similar to most American law enforcement agencies, which employ fewer than 50 sworn officers. Most review boards are established in large cities.

Small town politics breeds unique issues for police accountability. For instance, review board members are likely to know the people they might investigate.

“You have one degree of separation from anybody,” said Mia Schultz, president of the Rutledge Area NAACP. “Word gets around, you know, and there’s retaliation.”

Jeannie Jenkins, a member of the Bennington Select Board (similar to a city council) who also chairs the six-member review board, said this kind of proximity can “cut both ways.”

“The opportunity for conflict of interest is increased in small communities,” she said. “But we also don’t have some of the barriers that might exist in a larger community, where you’re seeing the police chief as this powerful figure — as opposed to Paul (Doucette), you know, the guy that you also see downtown at the street festival.”

In addition, she said, Bennginton police have been “very willing” to implement the Selectboard’s reforms after the IACP report.

Some activists, including Schultz and the Vermont ACLU, have denounced the town’s efforts as subpar because of the board’s lack of authority and diversity — only one member is considered a person of color and none are openly disabled or LGBTQ+. About 95 percent of the town is white, according to census data.

​​Jenkins and the Select Board also are working with their state legislator to change Vermont laws to allow the board more powers, such as investigating allegations, securing subpoena power and enacting discipline.

New York City — The Granddaddy

New York’s Civilian Complaint Review Board is an independent agency empowered to recommend action on allegations of abuse of authority and other misconduct by New York City’s 36,000 sworn officers. (Nina Howard/News21)

Why it was established: The city’s first iteration of a civilian oversight body came in 1953 and was staffed entirely by deputy police commissioners. The current “all-civilian” Civilian Complaint Review Board was created four decades later. Its powers were expanded after police beat and sexually assaulted Louima Abner outside a nightclub in 1997, sparking national outrage and resulting in the conviction of the officers responsible.

Board type: The Civilian Complaint Review Board is an investigations board. It has the power to subpoena officers and other witnesses, but its recommendations are not binding.

What sets it apart: New York’s Civilian Complaint Review Board oversees the largest police department in the United States, with 36,000 sworn officers. One of the oldest and largest review boards in the nation, it has a $20 million annual budget, 15 members to hear complaints and 42 staff members who facilitate investigations into more than 4,200 allegations of misconduct every year. Yet only a small number of these cases result in disciplinary action for the officers involved.

What works and what doesn’t: The board’s staffing and resources strengthen its ability to investigate misconduct. It’s also one of the most transparent and active oversight bodies in the country, according to the National Association for Civilian Oversight of Police. It routinely posts its findings, meeting minutes and detailed reports on its website.

However, its recommendations often are ignored. According to a report by the New York Civil Liberties Union looking at complaints made to the review board since 2000, police administrators overrode 74 percent of disciplinary rulings by imposing a lesser punishment than was recommended. No discipline was imposed in 67% of substantiated complaints, and just 1% of all cases saw “serious discipline,” such as forfeiting vacation days, suspension, probation or termination.

The Police Benevolent Association of the City of New York, among the most powerful unions in the country, has battled civilian oversight for years, but it recently failed in an attempt to fight the repeal of a law that kept officer disciplinary records from becoming public.

Yojaira Alvarez, the review board’s senior adviser and director of intergovernmental affairs, said the repeal demonstrates that, in spite of union pressure, public support of board members’ work remains strong.

“It goes to show that there is this hunger, this possibility for the public to really stand behind police oversight,” she said.

Phoenix — City v. State

The Phoenix City Council in 2020 approved the new Office of Accountability and Transparency. Its responsibilities included investigating misconduct by police officers, but a subsequent state law has complicated the office’s mission. (Tirzah Christopher/News21)

Why it was established: The Office of Accountability and Transparency was approved in February 2020 after years of scandal and accusations leveled against Phoenix police — but a series of budgetary disputes, administrative delays and a lawsuit by the city against the state delayed it going into operation.

Board type: Phoenix’s oversight body is tasked with monitoring investigations into police incidents.

Moves and counter moves: After the Phoenix City Council voted to create a civilian-dominated review board, Arizona’s Republican-led legislature countered by passing laws to restrict the board’s power and the ratio of civilian board members to members from law enforcement.

The controversy: Roger Smith, director of the Office of Accountability and Transparency, said its initial structure, in which civilians dominated the membership, set the office apart.

“The continuing injury to the community that comes after the incident is an investigation that people don’t think is being done properly,” said Smith, who previously oversaw a review board in Cleveland. “It’s the investigations where the unreliable information comes from.”

But the powers of the board were changed before it even got up and running. A 2021 Arizona law would require that law enforcement officials compose a large proportion of oversight boards that investigate alleged police misconduct. Phoenix is suing the state, saying it’s a blatant move to stop the city’s board from operating with civilian oversight.

Joe Clure is head of the Arizona Police Association, a coalition that supports pro-police legislation and policy. Clure said the board’s proposed makeup under the law is on par with oversight boards for other professional organizations, and he sees no reason for police to be an exception.

“If you look at any other professional occupation that has a certification board — whether it’s doctors, lawyers, teachers, cosmetology, you name it — every single one of them is made up of roughly three-quarters practitioners, a quarter community members,” Clure said. “That just makes sense.”

Sun, 04 Dec 2022 16:01:00 -0600 News21 en-US text/html https://nondoc.com/2022/12/05/civilian-oversight-of-police-is-popular-but-does-it-work/
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