Sound obvious? Possibly, for someone with no axe to grind other than the desire to see kids graduate from school with the basic knowledge and informational skills needed to function in higher education and in the job market.

California Voucher Initiative - early draft

My comments, explanations within the following text are [bracketed]. [Don't pay too much attention to paragraph numbers, they'll be fixed later. Any reference in the form x or X means that a number will be substituted presently, in the form xx means a number between 10-99, xxx between 100-999. . .]

1.00 This initiative shall be known as the "California Voucher Initiative". Its purpose is to improve education for California students in the K-12 grade/age range. It is the sense of the people of California that public education may improved by allowing parents the freedom to choose schools for this children. Heretofore, this was not realistically possible for most parents due to inability to afford payment of school tuition in addition to the taxes they pay directly and indirectly to support education. This initiative is intended to:

1.02 All funds raised by the California State Governments, county governments, school districts and other local jurisdictions and entities for the purpose of current operation of general education at the K-12 level shall be directed to the "Voucher Fund" administered by the CSIVA. These funds shall be divided among individual students in the K-12 age/grade levels and paid in the form of vouchers drawn on the Voucher Fund as directed by the parent, guardian, or in the case of an Emancipated Minor, by that minor to the school in which each student is currently enrolled. While "Targeted Funding Programs" will not be affected by this, relevant jurisdictions are encouraged to terminate these programs and transfer their funding to the Voucher Fund where it is legally possible to do so. Entities of the State of California that administer these programs are directed to transfer these programs to the Voucher Fund. [Targeted Funding Programs are programs from Federal and State jurisdictions for specific groups within the educational system, i.e., the blind whose funding can only be used for the named groups for the specified program and associated bureacracy.]

1.03 All funds raised by the State of California or local school districts for capital expenditures which are not being spent for projects in progress (i.e., construction in progress) and funds raised by the California State Lottery for educational purposes shall be turned over to the Supplemental Capital Fund (SCF) administered by CSIVA. The SCF shall be made available to Voucher Schools in the form of long-term low interest loans (any amount) and grants not to exceed $100,000. Additional funding may be appropriated by the Legislature or raised via the sale of bonds with voter approval. [this section really needs reworking] First priority for funding shall be given to accomodation of students with "Special Needs" as defined under the Admission section of this measure.

Personnel Records - Archiving: CSIVA will archive all personnel records from the school districts which will be terminated by action of this initiative. CSIVA will archive personnel files for each employee of a Voucher Schools upon the termination of that employee. Voucher Schools shall transmit to CSIVA these records in electronic form in a secure manner in a format approved by CSIVA to the publically announced CSIVA Internet address. Voucher Schools are required to transmit to CSIVA listings of their current employees, and transmit personnel records including "confidential" records on request of CSIVA representatives with proper authority, these requests to be made in electronic form. A register of persons temporarily or permanently forbidden employment in Voucher Schools along with the reasons for suspension or revocation of privileges shall be available online at the CSIVA Web site. The personnel record on any educational employee archived by CSIVA shall be made available as an online document to a Voucher School on a secure (https or successor) server upon verification of employment application by that specific employee.

Secure: For the purposes of this measure, "secure" is defined as transmitted over public communications networks using an encryption methods permitted by CSIVA. The encryption method shall be one in common use that is commonly available to the general public via the Internet free of charge. This method shall not be the algorithm commonly known as 56 bit DES (Digital Encryption Standard) or methods of equal or lesser security. This secure communications means must allow for digital signature of plain-text documents [In other words, PGP or 128 bit secured Netscape, S/MIME meets this criteria IF it becomes an Internet standard and freeware to communicate this way becomes available.] Electronic document is defined as a file available in a commonly available format which can be read by commonly available graphics Web browser (e.g. Netscape, Opera, Internet Explorer) or by commonly available plug-in. (Adobe Acrobat)

Publication: For the purposes of this measure, information regarding a Voucher School required to be published by CSIVA will be published in the following means:

2. Admission:

2.1 Admission of students to be on the same basis as public schools, i.e., all students within age-grade range of school who apply within a defined attendance area, students outside it on a first come, first served basis if space is available, if school is virtual, attendance area is anywhere in state. The exception to this is for Specialized Schools as defined elsewhere in this measure, for which any form of screening reasonably relevant to the purpose for which the school specializes in may be used as long as this screening is not used to discriminate against students on the basis of race and other criteria specifically forbidden by this measure.

Children of persons involved with the founding or operation of the school may be given priority for admission. Schools below XX students are exempt from having to admit handicapped students with special access requirements. [use ADA as basis] Specialized Schools specializing in study that is contra-indicated by the Special Needs of a student are not required to admit a student with these Special Needs. Examples include a school specializing in an accelerated curriculum isn't required to admit the mentally retarded, a dance school isn't required to admit the wheelchair bound, etc. Specialized schools may not discriminate against students on the basis of race and other criteria specifically forbidden by this measure. Schools may not specialize in order to evade the non-discriminatory requirements of this measure. Supplemental funding will be made available for handicapped students as provided in the Supplemental Funding section of this measure.

The attendance area and grade-age range of these schools shall be published as specified in the Publication paragraph of this measure.

2.2 Specialized Schools: Schools may designate themselves as "Specialized Schools. To qualify for this category, they must demonstrate special capabilities, e.g., expert instructors and/or specialized physical plant and/or specialized technology and/or . . . in the area they wish to specialize in. These schools may draw students from anywhere in California. These schools may screen applicants using testing or any other means, but must select applicants at random from a pool created of students found acceptible via these tests except as provided elsewhere in this measure. Testing or other screening criteria used must be rationally related to the announced speciality of the school. General education or equivalent purposes is not an acceptable purpose for a "specialized school". The speciality of each of these schools and their qualifications in the claimed specialities shall be published as specified in the Publication paragraph of this measure. Schools may not specialize in order to evade the non-discriminatory requirements of this measure.

2.21 Religion is an acceptable purpose for a specialized school, but voucher funds may not be used for religious instruction, religious instruction must be optional and funded by "enrichment funds" supplied by parents or others, student applying may not be screened by religion. [May not be constitutional as written... fix later if possible... it's obvious that the people who wrote the previous CA voucher initiative thought they had a way past this! I'm now not sure that not allowing religious screening for a religious school is a good idea, but I suspect that allowing it would be illegal.]

2.3 Discrimination in admissions against defined groups (e.g. race / religion / gender / sexual preference / handicapped) may not be practiced by voucher schools except in the context of not admitting students incapable of profiting from the instruction provided in a Specialized School. Under no circumstances may race be used as a screening criteria for any voucher school.

2.4 Students in voucher schools may not be taught hatred directed against minority groups specified in this measure or their individual members. These minority groups include but are not limited to either sex, gender preference, race, religion.

School funding

Non-voucher schools: No school is required to participate in the Voucher Program. The provisions of this measure do not apply to schools choosing not to participate except as specifically provided herein regarding public schools.

Voucher funds must cover entire cost of books plus tuition and for the entire academic program. In the case of a "virtual school", students may be required to own a personal computer which meets or exceeds performance and operating system required by a school as prerequisite for admission. This shall be limited to requiring computers required to run software reasonably related to by the school educational program and commonly available at retail vendors accessible to any member of the public. [In other words, an "elite" school can't require that only students who have a specific brand of computer only available to the students they actually want to see can attend, or that students have computers that run multiple Xeon or other high-end processors unless the school is actually teaching courses relating reasonably to their announced educational using software that *only* can be run this way and for which there is no other reasonable alternative, i.e. a word processor that only runs on high-end computers used as a prerequisite for acceptance is against the rules.] Parental monetary contributions towards regular curricular program prohibited, except as otherwise provided in this measure. Discrimination against students whose parents do not make non-regular contributions (e.g. capital expenditures, contributions towards "enrichment programs", etc.) prohibited. User fees may be charged to defray the cost of enrichment activities. Enrichment activities may not be a required part of the curriculum and may not be charged for programs required by students to complete the course of study at a voucher school. Certain exceptions to this are permitted within the intent of the initiative. One example is that of a school given on a cruise ship, in which purchase of a ticket is obviously required in order to benefit from the educational program. CSIVA is permitted to make case-by-case exceptions to this law, but must publish a full report on why this exception was justified on the portion of the CSIVA Web site allocated to that school. [The reasons for this are twofold, the first is to prevent this from becoming a subsidy for "elite" schools whose primary purpose is to reinforce social class distinction, the second is to allow a basis for comparison of different schools, to foster innovation instead of using the "throw money at the problem" approach to improving the learning process. ]

Supplemental Charges to Parents:
The school may charge individual parents for extra services to students as follows:

If Supplemental Charges are collected by a Voucher School, money raised must be segregated from academic operating funds and spent only for the purposes stated. CSIVA must be informed of the purpose and amount of these charges in a timely manner, and this information will be published on the portion of the Web site allocated to that school. Students may not be required to use these extra services as a condition for acceptance, continuing study, or graduation at a Voucher School except as otherwise provided in this measure. If schools wish to provide these programs without extra charges to parents, separate accounting is not required.

Supplemental Payments by CSIVA:
CSIVA will develop categories for supplemental reimbursement for voucher schools who have students with "Special Needs" based on the average amount spent per students by California schools on students with each defined "Special Need". These include but are not limited to students who suffer handicaps as defined by the Americans with Disabilities Act. In the case of students whose Special Need(s) are sufficiently unique not to fit into a defined category or categories, CSIVA shall make decisions on a case-by-case basis on what extra compensation is reasonable.

Public Schools: Schools defined in the State Education Code () as "public schools" have the option of either becoming private non-voucher schools or becoming voucher schools. Public schools shall have no access to public funds other than via the voucher program or through "Targeted Program Funding", "Targeted Program Funding" may not be used for school operation. This provision to take effect not more than 2 semesters or their equivalent from the effective date of this Constitutional Amendment.

School Liquidation

Public School Liquidation

Public School District School Boards: All publically elected school boards will be terminated within 9 months of the effective date of this measure. They will turn over all district assets, including property, bank accounts, records, etc. to CSIVA. These assets will be controlled by a District Liquidator for each School District, which will be appointed by CSIVA. This District Liquidator may be an individual or a government or non-governmental entity, including private businesses.

The District Liquidator will be a caretaker of School District properties, will receive property tax monies in the name of the School District for transfer to the CSIVA voucher fund, will collect rents on School District properties as defined below, pay all remaining obligations of School District and will administer the termination procedures for former employees of the School District as prescribed elsewhere in this initiative. Obligations connected with employee termination shall have first call on District assets held by the District Liquidator.

Property held by the District Liquidator shall not be sold for two calendar years from the effective date of this initiative unless the income from sale is required to pay the remaining obligations of the District. After this time, property not used by a Voucher School may be sold and the proceeds to be turned over the the CSIVA Supplemental Capital Fund. [this is a fallback position in case this program fails catastropically and public schools have to be revived]

School properties held by District Liquidator shall be rented whenever possible to Voucher Schools as defined in this measure.

These facilities, if rented for voucher school use, will be rented at a price per square foot not to exceed the square foot price paid for office space in the lowest 1/3 of the local office market plus 2% to cover maintenance of grounds and common spaces. Spaces rented for non-educational use shall be rented at the market rate. CSIVA may modify specifics in this paragraph via administrative regulation to carry out the intent of this measure.

District Employee Retirement and Severance

[hopefully, a mandated decent severance package / retirement package closeout will defuse much of the opposition to this among public school teachers, especially those who'd either rather be doing something else for a living or those who think they'd like to run their own schools... several teachers who've just received a lump-sum retirement plan payout would be in a very good position to start a Voucher School. Also, it'll make retirement attractive to the teachers most likely to be obsolete.]

Long-Service Teachers (20 years or over) within 5 years of early retirement age shall have their employer contributions to their retirement plans funded immediately upon their termination as School District employees, or may elect to take a lump sum settlement of their pension accounts including the employer contributions which ordinarily would have been made between their leaving their former school and retirement. This also includes contributions toward medical coverage during that time period, which they may elect to use to continue their former employer-provided medical coverage as otherwise provided by law.

Other teachers will receive a lump-sum payment closing out their pension plan accounts.

Severance Pay shall be paid to employees on termination at the rate of a minimum of 2 weeks plus 1 week for every year of service up to 24 years, the maximum payment under this paragraph shall be 26 times the employee's highest regular weekly rate of pay for a minimum 4 week period from that school employer within a 2 year period of termination. [This precludes a school in liquidation suddenly deciding to save on a severance payout by cutting a teacher's pay just before school closure. This also precludes a teacher making massive profit based on doing a high-pay consultant position for the school or district to solve a special problem of some sort.]

Any employee receiving more than $5,000 as a total of both pension plan payout plus severance pay may recieve up to 2 hours advice from a Certified Financial Planner of his/her or District's choice at School or School District expense.

Voucher School Liquidation

In the event that CSIVA requires a voucher-funded school to be liquidated, new vouchers for the next semester will be issued to parents of students at that school, bank accounts relating to the operation of the school will be frozen, and a CSIVA representative will be appointed to oversee the liquidation of the school assets and payment of that school's obligations, herein called the "School Liquidator". School obligations shall be met in the following order of priority:

Monitoring the schools and students

Standardized aptitude and knowledge tests will be given to all students at voucher schools every semester. The results will be furnished to the State Board of Education and published as specified under the Publication paragraph of this measure. If more than __% of students at a grade level or more than __% of the student body as a whole fall below acceptable standards as defined by test results, the school is on academic probation. CSIVA may notify a school of this status, but is not required to do so. If a school fails to improve by the next test period, CSIVA will hold an administrative law hearing presided over by a CSIVA representative in which representatives of that school will be ordered to show cause why CSIVA should continue funding that school through vouchers. If no adequate cause can be shown, that school will be liquidated as provided in the section titled "Voucher School Liquidation".

Auditing: Voucher schools are required to make financial records available to CSIVA inspection on demand. They are also required to make attendance records available and to allow physical verification that students claimed as being enrolled are actually physically present. These reports and records must be in a CSIVA approved format. They will be published as specified in the Publication paragraph of this measure. [financial records-Excel or Excel-compatible file type, for instance]

Attendance: Voucher Schools will furnish to each student computer readable ID documents in a CSIVA-approved format with photographs. Schools with more than (xxxx) students enrolled must make availble secure on-line access to relevant attendance records to CSIVA, law enforcement, and parents. Schools with fewer students must have a voice phone number with a competent person who can provide relevant attendance information to a properly identified CSIVA / law enforcement / parent available when the school is in session.

School Operating Dates: In order to make verification of attendance easier, Voucher Schools shall operate during some or all of the following periods:

[The reason for a 5 quarter year is to allow for the operation of year-round schools.] [The purpose here is twofold. Since it's quite possible that any city could have dozens or hundreds of different schools with different schedules, there will be some difficultly in seeing if a school-age student wandering the streets is supposed to be in school or not. Also, CSIVA needs to be able to verify that students attending a school actually go there, as do parents. Proper ID (including digital) is required to protect student privacy, e.g. from pedophiles.]

Summary numbers on attendance (e.g. average percentage of students enrolled actually in attendance) will be derived by CSIVA from numbers reported by each school. They will be published as specified in the Publication paragraph of this measure.

Budget information is to be provided in a standardized format authorized by CSIVA by each voucher school, both in an itemized format and a summary format broken out by, for example:

This information will be published as specified in the Publication paragraph of this measure.

Curriculum Standards - Skill and knowledge sets

By 2005, a high school graduate must be adequately proficient in using: [at MS Works level of complexity]
....1)Word Processor
....2)Spreadsheet
....3)Database
....4)E-mail
....5)ftp
....6)Web Search
....7)Personal Computer Security
.......a)e-mail access (who can read it)
.......b)encryption (how to use it, where to get it)
.......c)viruses (what they are, when to use scanners, where to get
.........scanners, how to tell good from bad)
.......d)what to do about obscene, offensive, or advertising-related incoming mail

By 2010, a student must have this level of proficiency to enter high school. The current revision of these specifications shall be published as specified in the Publication paragraph of this measure, The results of CSIVA-approved standardized tests covering the prescribed grade level mateArial will be published as specified in the Publication paragraph of this measure.

Mandated Textbooks: CSIVA shall not mandate specific textbooks or provide them to Voucher Schools. CSIVA shall create and maintain a "Recommended Textbook" list as a service to Voucher Schools, the information in the collection of texts shall be adequate to allow the passage of subject tests mandated by CSIVA at the different grade levels of schools.

Teacher qualifications:

Standard and CBEST test based emergency credentials or their equivalents until something better is devised. CSIVA is directed to study better methods for qualifying teachers and to implement these methods by 3 calendar years after this initiative becomes law.

It is widely known that the supply of certificated teachers in certain subject disciplines (e.g. computer science) is virtually nonexistent. Upon a finding by CSIVA that this type of shortage exists in a field, instructors may be hired to teach without standard teaching credentials upon demonstration of skills within the subject discipline under the supervision of a certificated teacher.

Discipline:

CSIVA will take no action as a result of discipline complaints unless

Each Voucher School agrees in exchange for receiving CSIVA funding to hold harmless CSIVA for any statements published by CSIVA about said Voucher School, particularly on the Internet or in space purchased in general-circulation newspapers. CSIVA's sole responsibility shall be to correct any verifiable errors in fact at the next opportunity, e.g. on a Web pages allocated to that school within 5 working days, and in the next regular publication of printed information mentioning a school as provided elsewhere in this measure.

[The idea here is to keep the legal liability burden on schools, especially small one believable but to provide a workable relief mechanism, i.e. if CSIVA says that a school disciplinary program is unjust, unfair, and indicates the school is run by a bunch of nuts... parents probably won't be sending their kids there. This is also intended to give CSIVA investigators the freedom to say what they think]

Transfer of Students: Parents may transfer their students at any time given 4 weeks notice, the unused portion of student voucher funds will be returned to the Voucher Fund for payment to the school the student will transfer to and where the student has been accepted. Voucher schools are directed to accept transfer students fitting the school admission criteria (see Admission section of initiative) on a space-available basis and will accept the portion of voucher funds unused by the previous school as payment for this student's educational services. In the event of an emergency, notice can be waived by the school student was originally enrolled in. Waivers of notice shall not be unnecessarily withheld and shall not be used as a punitive measure.

Observation:

Virtual Schools: A Virtual School is defined as a school that delivers the majority of its education to students online, via the Internet, the public telephone network, or other interactive electronic means of delivering digital data to computer(s) used by the student. These schools are exempt from any attendance requirements requiring that students be present. CSIVA may write administrative regulations covering attendance and other requirements appropriate to the circumstances (e.g. hours of online connection to the school per week, etc.) of a Virtual School. CSIVA may require in-person examinations to determine the learning progress of students, monitored by CSIVA staff investigating a Virtual School for reasons allowable within this measure. CSIVA may not require this action more than once per academic year at any Virtual School. However, students using this form of education must not fail more than two consecutive grade-level examinations prescribed by CSIVA or CSIVA is not compelled to provide voucher funds for this student at any facility the failing student does not attend in person. CSIVA personnel must be allowed access to all learning materials provided by a Virtual School online or provided to its students by other means.

Truth in Advertising

Voucher Schools deliberately and knowingly making false statements to CSIVA for publication or to qualify themselves for Voucher School funding may be disqualified for receiving Voucher Funds and/or may be forced to repay any Voucher Funds. This is notwithstanding any penalties resulting from civil or criminal actions such as fraud or fraud-by-wire that may be imposed on these entities or responsible officers of these entities.

Penalties for non-compliance

Voucher Schools found out of compliance with this measure or relevant portions of the State Education Code not superceded by this measure or by other laws or public policies or administrative regulations devised by CSIVA may receive any of the following penalties:

Voucher Schools agree that any disputes with CSIVA not involving violation of law not resolvable by CSIVA administrative processes are to be resolved via arbitration with one member of the arbitration panel selected by CSIVA, one member selected by the Voucher School, and one member selected by the other two members, or via other forms of dispute resolution agreed upon by CSIVA and the Voucher School. Voucher Schools are required to waive the right to civil suit against CSIVA in the context of this measure. [While the American Arbitration Association is as good as anything else, personally, I don't care if the disputants resolve their differences via trial by combat as long as they are resolved swiftly]

Student Unable to Graduate from High School

Subject Deficiency: In the event that a high school student who regularly attends a Voucher School is unable to pass the tests required for graduation in 2 or fewer subject areas after 4 years of full-time high school classes in the absence of a handicap as defined by the ADA, CSIVA will pay for up to 1 year of a curriculum intended to make up student's subject deficiencies.

General Deficiency: If a high school student after 4 years of full-time attendance in school is deficient in more subject areas than allowed in the "Subject Deficiency" paragraph, CSIVA will examine the student. If CSIVA determines that the school is responsible for not properly educating the student, the voucher school will pay the cost of educating the student properly at the educational institution prescribed by CSIVA as the best place to correct the student's deficiencies. If the school is not held responsible, CSIVA will pay the cost of educating the student at the institution chosen by CSIVA. Neiter CSIVA nor the Voucher School will be liable for paying for more than 2 extra years of education under the provisions of this section.

Drop-out: If a high school student 16 years of age or above chooses to leave a voucher school and does not promptly enroll in another one, the portion of his/her voucher fund that remains from that allocated for paying for her/his high school education (defined in this context as 4 years total) shall be available to him/her when he/she wants to resume his/her education. If a student at any grade level fails to attend the last school he/she was registered in as necessary as defined by the school he/she was last enrolled in, the student will be considered to have dropped out, the school is required to notify CSIVA that the student is no longer attending, and these funds shall be made available to the school that enrolls that student when this student resumes her/his education. Note that regular attendance can be defined as completing a home study program under the supervision of a certificated instructor in the event of some situation outside student or parental control. (e.g. prolonged illness or injury) Students under 16 who leave school may be reported to local authorities responsible for administering the truancy laws. (e.g. law enforcement) The use of these funds shall be limited to remedial courses required to bring this student's education to high-school level proficiency as defined elsewhere in this measure.

Graduation by examination: A student may take high school graduation examinations as prescribed by the State of California, e.g. the High School Equivalency Test or GED at any age or grade level. If the student passes, the student shall be awarded a high school diploma by the last school she/he attended, or by CSIVA. All public agencies, including but not limited to college-level educational institutions operated by the State of California, including but not limited to public agencies acting as employers, all employers doing business with the State of California, and all organizations receiving funding of whatever nature from the State of California are required to accept this diploma as they would a diploma awarded for students in residence at any other accredited 4 year high school. The money unexpended that is allocated from the voucher fund for her education through high school shall be paid out as follows:

Students below the high-school grade-level may elect to take graduation examinations for grades as prescribed by the State of California in advance, e.g. a student enrolled in the 4th grade may take the 4th grade or higher graduation examination, and receive graduation credit for any grade for which the student passes the examination. This credit must be accepted by any voucher school. If the student passes, the money unexpended that is allocated from the voucher fund for her education for each grade that he/she passed by examination is distributed provided elsewhere in this section.

Student funds held in trust for a student by CSIVA shall be kept in an educational account for the student at CSIVA, to be expended for any purpose reasonably related to education while a student is a minor unexpended funds to be paid directly and without restriction to the student at the age of majority. Within the context of student fund allocation, unless a student has met high school graduation requirements, including by examination, a student shall be treated as a minor even if that student is an Emancipated Minor.

Homeschooling: [haven't figured out what to do with this yet... other than requiring regular examinations of educational progress as provided elsewhere in this measure.]

Voucher School Qualifications

Application Package:

Entities which wish to apply to CSIVA for authority to become a voucher school School Operator must submit the following information to CSIVA via electronic means with digital signature:

The reports on the above instructional plans, disciplinary procedures, financial reports, . . . in CSIVA approved formats must be transmitted to CSIVA at their publically announced Internet address. [Anyone thinking that this is intended to provide a barrier to entry to the educational market to the computer / network-illiterate is absolutely correct.] An individual or organization(s) who receives permission from CSIVA to operate a voucher school within the meaning of this initiative will be called a "School Operator" for the purpose of this document.

If the school makes significant changes to any of the information involved in the application, updates must be submitted to CSIVA in a timely manner, not to exceed 10 working days (days in which the school is in session) of when the changes are made.

Proprietary Information Content: If the school develops significant in-house curricular content, it will submit copies in electronic form to CSIVA to the published Internet address or to other Internet addresses as requested by CSIVA. If this content is considered proprietary, it may be submitted under non-disclosure agreement, otherwise it may be published on the portion of the CSIVA Web site allocated to the school. If the content is of a type that electronic (digital) form isn't cost-effective to submit, the content may be submitted as video in the format most commonly used by the public at the time of submission or in other formats announced as acceptible to CSIVA.

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