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The perils of over-legislating

Posted by Alan Gottlieb Feb 13th, 2009.

Much has been made of the strange case of Marie Morrow, who has been suspended and faces expulsion from Cherry Creek shools for having some mock rifles in her car. The usual suspects are beating up on the usual suspects. The school district is being pilloried for overreacting to an honest mistake by a good kid.

But think about if or a moment. The legislature put a “zero-tolerance” law on the books post-Columbine that arguably gives school districts little or no discretion in such circumstances. So perhaps the problem lies with the legislature, not the district. I often think about the passage in Jerry Wartgow’s book where eager legislators come to him, as DPS superintendent, and ask him what bills they might carry for him. His response: the best thing you can do for DPS is pass no new education legislation this session.

In the current reality, such a common-sense suggestion is unthinkable. Legislators have to run for reelection every two or four years. To make a case to the electorate, they need to show that they have sponsored or carried legislation. Education is a popular target for both the left and right.

And so, my friends, we end up with a lot of foolishness, some of it driven by political ambition, regardless of whether it moves education in the right direction.

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