Noble idea but it violates the Constitution

In my letter to the Board of Education dated May 11, 2006, I explained my position on the “enforcement of state laws and policies that affect private schools and the use of the Commissioner’s office.” I stated that it was a noble idea but the Commissioner should not and cannot be mandated to monitor the private schools beyond the existing requirements under federal laws that are associated with the distribution and accountability of federal funds. PSS can make recommendations for state policies or laws to affect private schools but that is as far as it goes. PSS is an autonomous agency that has no authority outside the PSS organization, based on the CNMI Constitution. For the CoE of PSS to enforce laws and policies over private schools requires a new law.

There are already laws and existing state board policies that affect the private schools but no one is doing the monitoring and enforcement, which fuels the need for a compliance and enforcement mechanism over private schools. However, only a representative of the Governor’s Office can carry out the enforcement of state laws and policies under the present constitutional law. I tried to convince the previous governor to create the Secretary of Education post and I have tried to convince the present governor to create the post, given the lack of enforcement in the private schools. Going back to the Pedro Tenorio administration, all three governors for the past 10 years have urged the various educational institutions to collaborate and work together but, without a legal mechanism (Secretary of Education) to bring these institutions together, they may never be on the same page. Furthermore, a Secretary of Education would be advantageous to the government, NMC, PSS and the private schools. Every state has a person and staff to work in the capacity of a Secretary of Education or another title to facilitate state objectives and to ensure compliance with state laws and policies.

Education has already been assessed and viewed by economists and bankers to be a potential industry for the CNMI. My question is, what are we waiting for to create this new industry? The CNMI has come of age and grown to the point that it needs a Secretary of Education. The educational projects that went bad and the ones that didn’t develop would have different stories with a Secretary of Education. It is my request that the board support a law to create a Secretary of Education post to address the need for private school compliance and to create a stronger, more cohesive statewide school system that will collaboration with NMC in its goal to some day become a four-year college and eventually a university. So goes education, so goes the CNMI. It is that simple.

My other concerns:

– Who at PSS or from the board will conduct the monitoring of all private schools and at what expense to PSS or the private schools? The COE post is a full time job, so how can it be justified to add private schools to his/her functions?

– How will any violations of state board policies or CNMI laws be “enforced” and at what cost to whom?

– How and who will give the authority to monitor and enforce policies and laws on private schools?

– Will the community and all the private schools agree with the COE or any PSS staff intruding into private school affairs for compliance and enforcement?

My personal belief is we are opening a can of additional problems for PSS to deal with. The board and PSS have enough on their plates with all the issues facing PSS and we don’t need to add the monitoring and enforcement of private schools to the PSS when its the job of the Executive Office to enforce all state laws and policies in the private sector. I hope the stakeholders in the Public School System will agree.
[B] Ambrose M. Bennett[/B] [I]Kagman, Saipan[/I]