I am a fan of Dick Innes. He’s an excellent researcher and former colleague of mine at the Bluegrass Institute. He’s now broken through the technical barriers to bring his message of education accountability in Kentucky to the YouTube crowd. If you care about education in Kentucky, please share these videos with as many educated and concerned folks that you can.
Archive for the 'kentucky' Category
I would like to live in a world where carpenters make their money by building things, filmmakers make money by producing movies and kitchens make money by preparing food. Unfortunately this is not the case.
Kern’s Kitchen owns the copyright to “Derby Pie,” meaning they and only they control the rights to produce that specific pie, and only they can refer to their creation as such. If you manage to create a strikingly similar (read: exact) pie in your home or restaurant, you might well be infringing on their legal rights.
Chef Rick Paul found this out this week. Kern’s Kitchen sent a private investigator into his Frankfort restaurant to catch Paul in the nefarious and outrageous act of selling food to customers. The nerve.
Kern’s has promptly gotten the courts involved, a practice they are not at all shy about employing. Having pacified Iraq, stopped global terrorism, bolstered the economy, achieved energy independence and made our public schools the envy of the world, the government now has plenty of resources for pie-gate.
Over the years, Cox said Kern’s has probably filed 25 lawsuits, “and we have prevailed on every single one. We tend to get larger settlements when it’s a second offense.”
At first, “we put people on notice and ask them to sign a letter agreeing not to infringe,” Cox said. “When they sign the letter, we keep a record. The next time, we sue them.”
Kern’s biggest cash award in a court case “has probably been $25,000 or $30,000,” Cox said.
Thus says the Frankfort State-Journal. Kern’s Kitchen isn’t the only one pouring money into litigation as opposed to gastronomy. If you hold a raffle for a big screen TV to watch the NFL’s well known championship game, you better not refer to it as the Super-you-know-what. That name’s copyrighted. The NFL can and will ask you to stop. The same applies to the large college basketball tournament commonly held in the third month of the year.
So if anyone needs me, I will be in my kitchen trying out pie recipes and thinking of popular-sounding names for them. I’m thinking of some kind of lemon custard thing with a light egg foam on top, but nothing is solid yet. I could make a fortune charging other people for the right to sell it…
In the meantime, I will let Chef Paul have the last word, since he usually does anyway:
“I think they probably would be better served going after some of these people on the Internet that are advertising Derby Pie as their own recipe, every day.”
Brian Richmond slugs lawmakers for negotiating the Kentucky state budget in secret (again).
Nick Gillespie points to a study by the Public Policy Institute of California finds that “foreign-born men make up about 35 percent of the state’s adult male population, but they are roughly 17 percent of the state’s overall prison inmates.”
Lou Dobbs, please call your office.
I believe they’re doing it again. The General Assembly is violating the state constitution before our very own eyes and they’re doing it by passing an unconstitutional budget. Not surprisingly, 84 members of Kentucky’s House voted for it. Here’s the key phrase, which actually describes the budget:
AN ACT relating to appropriations and revenue measures
You might be surprised to learn that the state constitution actually prohibits the comingling of appropriation measures and revenue measures. Here’s a key phrase that every lawmaker swears to support when he or she is sworn in:
All bills for raising revenue shall originate in the House of Representatives, but the Senate may propose amendments thereto: Provided, No new matter shall be introduced, under color of amendment, which does not relate to raising revenue.
Emphasis mine. In layman’s terms, it means that bills to raise revenue can’t do anything else. They have to raise revenue only. That means, in translation, that a bill that spends state money may not also raise money, since a bill to raise money can’t also spend money. But the state constitution goes further:
No law enacted by the General Assembly shall relate to more than one subject, and that shall be expressed in the title, and no law shall be revised, amended, or the provisions thereof extended or conferred by reference to its title only, but so much thereof as is revised, amended, extended or conferred, shall be reenacted and published at length.
What does that mean? It actually, in part, restates the restriction I quoted earlier. Bills may not relate to more than one subject. Revenue is a subject. Appropriation is a subject. They may not comingle.
And yet, the state constitution makes this idea even more clear, but I won’t quote the whole section:
… The Governor shall have the power to disapprove any part or parts of appropriation bills embracing distinct items, and the part or parts disapproved shall not become a law unless reconsidered and passed, as in case of a bill.
Emphasis mine. Kentucky’s governor, like many governors, has the right to veto distinct portions of appropriation bills. This bill, as stated by the general assembly, relates to raising revenue. So it’s either unconstitutional or the title of the bill is wrong.
You’d think Harry Moberly would have been more careful in crafting this budget.
I wrote on this subject for the Bluegrass Institute a few years ago.
From Business First:
Kentucky had 476 foreclosure filings in February — a 24.2 percent decrease from a year earlier and a 16.8 percent fall from January, according to the latest report from RealtyTrac Inc.
Kentucky’s foreclosure rate for last month was one filing for every 3,919 households, ranking it 45th in the nation for foreclosures.
Nevada led the nation in the rate of foreclosures in February, with one filing for every 165 households. It was followed by California, Florida, Arizona and Colorado.
The national foreclosure rate last month was one filing for every 557 households, a 60 percent increase from February 2007, but a 4 percent decline from January.
RealtyTrac CEO James J. Saccacio noted a small decrease was seen last February, too.
“The 4 percent monthly decrease this February was similar to the 6 percent monthly decrease we saw in February 2007,” he said in a news release. “However, the year-over-year increase of 60 percent this February was significantly higher than the 19 percent year-over-year increase in February 2007, indicating we have still not reached the peak of foreclosure activity in this cycle.”
Here’s a question. Is the lack of foreclosures in Kentucky a good indicator of Kentucky’s economic outlook? Is the stability in Kentucky’s housing market an indicator of strength or stagnation?
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Stephenie Steitzer has the scoop.
The new Senate Bill 1, to replace the state’s troubled CATS public school accountability tests is smoking out a lot of terribly uninformed criticism. It’s coming from legislators, education leaders and some in the print media. As the critics of this bill sound off, it is becoming clear that this bill’s opponents are locked in some sort of time warp. These people remain remarkably uninformed about advances in the art and science of testing that have been made since KERA’s passage in 1990. The prisoners of the warp are somehow missing the many obvious indications that the CATS assessment is a very troubled and unreliable indicator of Kentucky’s education performance.
Sadly, so long as such antiquated ideas are allowed to dominate the education system here, Kentucky will continue to fall behind the leading edge of education and testing in this country. As long as the denial of CATS’ faults continues, Kentucky’s children will continue to receive far less that they need to succeed in the modern world.
So, let’s examine some of the more out of touch comments that have surfaced.
One of the earliest SB 1 attacks came from the always sharp-tongued, but remarkably uninformed, editorialist at the Courier-Journal.
This “prisoner of the warp” must have been asleep for ages. How can changing a testing program that is supposed to be the driving force for positive change cause damage when, after nearly 18 years of reform, nearly half of the freshmen entering Kentucky’s colleges right after high school require remedial course work?
How can it be harmful to dump a test that provides grossly inflated scores – scores that have been steadily becoming more inflated ever since the CATS started in 1999?
The Courier’s education Rip Van Winkle is also clueless about what is really happening to writing instruction in Kentucky and the way SB 1 plans to handle the problem. Far from the accusations in the Courier attack editorial, writing portfolios are not going away under SB 1. Instead, the program is going to be revamped so portfolios can be used the way they were actually created to operate – as a powerful tool for teachers. Portfolios won’t be in the CATS accountability formula under SB 1, but accountability for them continues as their use is going to be closely monitored. SB 1 requires the Kentucky Department of Education to audit 20 percent of all the schools each year to insure that this writing program is running as required. Do you really think schools would ignore any program that is going to get such frequent inspection?
Another person raising questions about SB 1 is the head of the Prichard Committee for Academic Excellence. The
February 19th Courier-Journal reports that in reaction to SB 1, Prichard’s president now cautions against making changes to the CATS. Per this Prichard leader, any changes could take away or weaken school accountability, putting overall support of education at risk.
As you read this Courier-Journal article, you get the distinct impression that there has been a 180 degree turn from everything Prichard said in a formal report in 2005. That report actually calls for many of the things included in Senate Bill 1.
For example, in 2005 Prichard called for replacing the high school CATS tests with something better, listing this as a “Top Priority” (Page 16). That’s right – Prichard indicated replacing at least a part of the CATS test program was a high priority.
Prichard also indicated in their 2005 report that the CATS tests need better alignment with what kids really need throughout all levels of education, including college (Page 14). Senate Bill 1 explicitly requires exactly that alignment. Now, Prichard doesn’t want that? Go figure.
By the way, this isn’t the first time Prichard switched signals on education issues. In the same 2005 report Prichard also suggests that students need early diagnostic assessments that are better aligned to what kids need later in school, and these tests need to start no later than middle school (Page 14). We actually got tests like that less than a year after the Prichard report came out when legislation led to the use of the EXPLORE and PLAN assessments for eighth and tenth graders. Those tests give teachers and parents feedback and diagnostics on each individual student, just like Prichard said they wanted.
However, Sexton and his crowd didn’t support that 2006 legislation, either. Fortunately, we still got those outstanding EXPLORE and PLAN assessments, which are aligned to what kids need in postsecondary education and on the job site. But, it was no thanks to Prichard.
All of this nonsense certainly is upsetting some of our key legislators who understand what is happening, and why change is needed. For example, you can hear comments from Senator Dan Kelly and other common sense observations from other Kentucky senators by listening to the KET archive of the Senate floor session on February 21st.
If you listen to this recording, start the download and set an alarm clock for 58 minutes to alert you when Kelly’s comments begin. The first hour of the session is devoted to lots of recognition and honors that might not interest you. The meat of Kelly’s comments should start shortly after your alarm goes off. As an alternative, drag the time slider on your media player not quite to the middle of the scale to find the start of Senator Kelly’s and the others’ comments. They are worth the time and trouble to hear.
And, keep tuned in to this blog for more about the nonsense about not changing the CATS. We want Kentucky to have the full story so that the best possible decisions for children can be finally made.