Our nation was founded with the belief that when people engaged in a safe, free, and open exchange of ideas, all men and women could prosper.
John,
Our nation was founded with the belief that when people engage in a safe, free, and open exchange of ideas, all men and women could prosper. That is the very nature of the Republic. In times like these, as America continues through a heated election, it is time to remember these important words from the philosopher John Locke on our need to look for truth and keep our minds open.
“For where is the man that has incontestable evidence of the truth of all that he holds, or of the falsehood of all he condemns; or can say that he has examined to the bottom all his own, or other men's opinions? The necessity of believing without knowledge, nay often upon very slight grounds, in this fleeting state of action and blindness we are in, should make us more busy and careful to inform ourselves than constrain others.”
What happened…also, what are “healthful living standards?"
On June 6, the North Carolina State Board of Education (SBE)approvednew academic content standards for K–12 Healthful Living.
These standards are what the state government thinks students should know, and the skills they should have after finishing each grade or completing each Health or Physical Education class.
Okay….so these are the health class and PE standards…what does it mean?
The final standards contained some good content and revisions, but other changes (or lack thereof) raised questions as to the standards’ ultimate value.
The version that will likely guide teachers’ instruction is vague.
Having vague standards not only is bad for kids, but it also leaves the door open for school boards to adopt instructional materials that sideline parents, ignore legislative intent (you know the law), and incorporate instruction in gender identity.
So what happens now?
There are several actions policymakers can take if they are concerned about the quality of academic content standards approved by the SBE
The General Assembly could step in and delay implementation of the standards, if it believes they fail to meetstatutory requirements.
School boards must also accept the new content standards, but they have the authority to choose the curriculum they use to implement them.
This means that if parents and local communities have concerns about the vagaries in the standards, they can demand their school board use curricula that have a stronger standard.
The North Carolina court system uses a doctrine of “administrative deference."
This means that “The agency’s decision is presumed to be made in good faith and in accordance to governing law”.
Okay…that seems reasonable so what's the problem?
Simply put, judicial deference to administrative agencies undermines North Carolinians’ right to a fair trial.
Because, as James Madison warned us, if the court defers to one party in a dispute, it is basically allowing that party to be a judge in its own case…i.e. the deck is stacked in one side’s favor.
Alright…I can see the issue so, now what?
Fortunately, the North Carolina Supreme Court agreed to hear a case that challenges administrative deference.
And, to make sure that this point is made (and made well), the John Locke Foundation recently filed a brief urging the court to end or restrict administrative deference, and restore the right to a fair trial.
