2018-04-14
Weekly summary -
At the end of session,
lots of important bills are discussed and moved through the house.
There are some clear “stand out” bills about which you should
know.
LD 912 - "An Act To Clarify
the Scope of Practice of Certain Licensed Professionals Regarding
Conversion Therapy"
This was a bill that
created a great deal of contention on the floor of the house. After
some great rancor, the bill was finally passed. The concept that a
psychologist can alter the gender identity or sexual orientation of an
individual is a misnomer in and by itself, but the idea that anyone can
compel a person to undergo such therapy is inhumane.
I hope
that the bill passes in the Senate, and that this practice becomes illegal
in the state of Maine.
LD1904 - "An Act To
Prohibit the Practice of Female Genital Mutilation of a
Minor"
While the bill to discuss conversion
therapy was rancorous on the floor of the house, this bill to prohibit
female genital mutilation was offensive, and for a variety of
reasons.
First of all, this bill is an example of what I call a
“Chicken Little Bill." There have been no recorded cases a female
genital mutilation in the state of Maine whatsoever. The sky is not
falling. Members of the community who are affected by this practice have
not reported any cases and have indicated that the discussion only causes
negative attention. They do not want extra attention to be called to this
reprehensible practice which in fact does not exist. Again the sky is not
falling.
Second, the bill is an example of what I call “A back
handed compliment." A back handed complement is one for which no response
is ever acceptable. An example of a backend complement might be “I'm so
glad to hear you have stopped beating your partner." There is no
appropriate answer. How does one respond to such compliment - by
admitting that he or she has stopped or by confessing that the practice
existed in the first place? We do not have examples a female genital
mutilation whatsoever and so how can we be glad that it ends?
Third
this bill represents what I would call a "political trap bill.” By
not voting for this bill, it seems as if I am supporting the practice of
female genital mutilation. Nothing could be further than the truth. The
reprehensible practice of female genital mutilation is already covered by
both federal and state law and so is not necessary to be covered in a
second law. We do not have laws that specifically prohibit hitting our
neighbors with a shovel as we clear the driveway in the winter. Such an
offense would fall under the regular laws of assault and battery. In this
case, politically motivated individuals have created traps for other
politicians. I know this to be true, because I was told by a member
of the other party that my reelection campaign would have been affected by
my vote on this bill. That threat really didn’t work for two reasons -
one, I am not running again, and two - I won’t be
threatened.
Fourth, this bill created an entire class of crimes
around association. Individuals who have been accused of participating in
this crime or in transportation to commit this crime could have been found
guilty and jailed or removed or deported without the benefits of due
process. This is what I call the “Dreyfus Effect.” Nowhere in
our legal system do we assume guilt before the benefits of a trial. That
principle is fundamental to our democracy. This bill is racially motivated
to remove unwanted immigrants based on unreliable accusations. At its core
are racist assumptions.
Looking forward to summer along the Maine coast.
_____________
And in the Education and Cultural Affairs
Committee, we finally engaged in a work session on three bills related to
Proficiency Based Diplomas.
L.D.1898 An Act To Amend
Maine's High SchoolDiploma Standards and Ensure Maine Students Meet State
Standards uponGraduation
L.D.1900
An Act To Repeal
Proficiency-basedDiplomas
L.D.1666
An Act To Ensure the SuccessfulImplementation of Proficiency-based
Diplomas by Extending theTimeline for Phasing in Their
Implementation
I could write about each of
these bills separately; however, it's much easier to treat them as a
single bill. The single issue has to do with the continuation of
proficiency based diplomas here in the state of Maine.
As a person
who worked on the original documents which helped to create the
foundations for proficiency-based diplomas, this issue is important to me.
Somehow we must move beyond the factory based assumptions about education
which assume that every child is identical and is a widget in the
mechanical process of education. Nothing could be further than the truth
because we know that every child is unique and every child learns in
different ways.
At the same time education in the state of Maine
has suffered from fractured leadership and incoherent design. More
importantly education the state of Maine has suffered from an unclear
vision and philosophy of what it means to be educated for the
21st-century. Some say, “The Emperor Has No Clothes,” and I might say,
“The Emperor is Wandering in the Field.”
The set of
relationships established by current practices regarding education create
an unhealthy inter-dependency regarding both leadership and vision. All
too often it feels as if the legislature passes laws which are then
mandated by the Department of Education and then implemented by local
authorities and superintendents. Yet in the state of Maine we have a
strong tradition of local control. We advocate for local control
which is often in contention with state authority. Real leadership
and real vision belong to local superintendents and local school boards
who are the degree granting authority for all high school diplomas. The
state does not granted diploma, the local district grants a diploma. Make
them responsible.
For those reasons, I voted to allow local
districts to make the decision regarding their own implementation of
proficiency based diplomas. I am hopeful that this position puts
responsibility where it clearly belongs - on the local
administration. This means local leadership can not use the excuse
“It’s the law.” but instead must engage in establishing stakeholder
groups, good communication practices, and effective leadership initiatives
to make proficiency based diplomas real for all the residents of a
district.
NOTE: The Legislative Session is coming to an end. After the required "Veto Day," and an update here, I will remove this blog as I will not be running in the next election. I will maintain my Facebook page until the election.