Parents United for the DC Public Schools
DC Education Rights Charter Amendment
March 29, 2006

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Parents United for the D.C. Public Schools 11 Dupont Circle, N.W. Room 433, Washington. D.C. 20036 (202) 518=3667; Fax (202) 319-1010

MEDIA ADVISORY

On Thursday, March 30 at 12:00 noon, Parents United for the DC Public Schools will hold a press conference to announce public support for the DC Education Rights Charter Amendment.

The event will take place at 11 Dupont Circle, NW, (above Books a Million; enter the building on the New Hampshire Avenue side) in the 4th Floor Conference Room.

The DC Education Rights Charter Amendment states:

"The fundamental right to free educational opportunities is a basic value of our society and serves as a foundation of our democratic system of government. Accordingly, the District of Columbia is hereby obligated to provide a system of free high quality public schools to every child."

To date, the DC Education Rights Charter Amendment effort has earned the support of several members of the DC City Council who are prepared to co-introduce it as a piece of legislation on April 4th at the Council's next legislative session. The charter amendment has been endorsed by the Board of Education in a resolution dated January 18, 2006, and also has the support of DC Public School Superintendent, Dr. Clifford Janey. Over 50 prominent District leaders and residents have also endorsed it. The press conference will serve to announce the citizen's campaign to amend the DC Home Rule Charter and will describe the importance of establishing this basic right for District of Columbia residents.

Only the District of Columbia and two other states have enacted no constitutional provisions requiring their legislatures to establish a system of free high quality public schools. An effort to enact the Education Rights Home Rule Charter Amendment will help mobilize and organize parents. Community members who unite behind a right to high-quality schools - and help define this right - will work to ensure that high-quality schools are established and maintained. Ultimately, the Amendment will be placed on the ballot for referendum in the District's next general election.

Please join us to learn more about the genesis of this initiative and the process going forward, as well as to hear from endorsers of the Amendment. Speakers will include:

• Iris Toyer, chair of Parents United for the DC Public Schools
• Rod Boggs, executive director of the Washington Lawyers Committee for Civil Rights
• Wade Henderson, executive director of the Leadership Conference on Civil Rights
• Jamin Raskin, professor, American University Washington College of Law
• Ron Flagg, Esq., partner, Sidley Austin, LLP

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RESOLUTION

R06-32

THE MEMBERS OF THE D.C. BOARD OF EDUCATION PRESENT THE FOLLOWING RESOLUTION ON

REQUESTING THE MAYOR AND COUNCIL OF THE DISTRICT OF COLUMBIA TO PASS "THE DISTRICT OF COLUMBIA EDUCATION RIGHTS HOME RULE CHARTER AMENDMENT ACT OF 2006"

WHEREAS, the fundamental right to educational opportunities is a basic value of our society and serves as a foundation of our democratic system of government;

WHEREAS, the citizens of the District of Columbia have consistently ranked education as the highest priority governmental service;

WHEREAS, forty-eight states have constitutional provisions that establish a system of free public schools and affirm the fundamental principle of the importance of education in a free society and requiring that it be provided; and

WHEREAS, the District of Columbia Home Rule Charter contains no such provision;

BE IT THEREFORE RESOLVED that the Board of Education requests that the Council of the District of Columbia and the Mayor amend the Home Rule Charter by adopting "The D.C. Education Rights Charter Amendment Act of 2006," which provides:

"The fundamental right to free educational opportunities is a basic value of our society and serves as a foundation of our democratic system of government. Accordingly, the District of Columbia is hereby obligated to provide a system of free high-quality public schools to every child."

January 18, 2006
Peggy Cooper Cafritz

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Partial List of Endorsers

(NOTE: Organizations are listed for identification purposes only.)

• Allen, Darlene, president, D.C. Congress of PTAs (with formal board endorsement).
• Allen, Hugh, legislative chair, D.C. Congress of PTAs.
• Berkey, Margot, executive director, Parents United for the D.C. Public Schools.
• Boggs, Roderic, Esq., executive director, Washington Lawyers' Committee for Civil Rights and Urban Affairs.
• Bonham, Ben, former member, D.C. Board of Education.
• Borbely, Marc, director, FixOurSchools.net.
• Borris, Frank S. II, facilities chair, Shepherd Elementary School PTA.
• Bouker, Jon S., Esq., Arent Fox; professor, American University Washington College of Law.
• Broderick, Katherine S., Esq., Dean, UDC David A. Clarke School of Law.
• Cahn, Edgar S., Esq., professor, UDC David A. Clarke School of Law; co-founder, National Legal Services, Antioch School of Law, Time Dollar Youth Court.
• Capozzi, John, former U.S. (Shadow) Representative.
• Coburn, Barry, Esq., partner, Coburn & Schertler.
• Colella, Carrie A., president, School Home Association of Duke Ellington School of the Arts.
• Edelman, Marian Wright, Esq., founder and CEO, Children's Defense Fund.
• Edelman, Peter, Esq., professor, Georgetown University Law Center.
• Flagg, Ronald S., Esq., partner, Sidley Austin Brown & Wood.
• Gibeau, Joyce, chair, Hart Middle School Local School Restructuring Team.
• Gibson, James 0., Esq., Senior Fellow at the Center for the Study of Social Policy.
• Goings, Terry, vice president, PTSO, Coolidge Senior High School.
• Hardy, Celestine, president, Jefferson Junior High School PTA.
• Henderson, Wade J., Esq., executive director, Leadership Conference on Civil Rights.
• Hudson, Barry, president, Shepherd Elementary School PTA.
• Jones, James W., Esq., partner, Hilderbrandt International.
• Kimsey, Michael, co-founder and president, Kimsey Foundation.
• Kotz, Nick, civil rights historian and journalist; winner, Pulitzer Prize.
• Landberg, Erika, senior associate for community engagement, DC VOICE; former member, D.C. Board of Education.
• Lawrence, Charles R. III, Esq., professor, Georgetown University Law Center; former member, D.C. Board of Education.
• Levy, Mary, Esq., director, Public Education Reform Project.
• Linehan, Patrick, Esq., Sidley Austin Brown & Wood.
• Lyle, Rosalind, president, Spingarn Senior High School PTA.
• McKenzie, Floretta, founder and chairwoman, The McKenzie Group; former superintendent, D.C. Public Schools.
• Mikuta, Julie, vice president of alumni affairs, Teach for America; former member, D.C. Board of Education.
• Molina, Victor, president, Bell Multicultural Senior High School PTA.
• Moreno, Ignacia, partner, Spriggs & Hollingsworth; past president, Hispanic Bar Association of D.C.
• Newell, Roger, convener, D.C.P.S. Full Funding Campaign.
• Parker, George, president, Washington Teachers Union.
• Phillips, Sally, co-president, Stoddert Elementary School PTA.
• Raskin, Jamin, Esq., professor, American University Washington College of Law.
• Saibou, Omar, president, Capitol Hill Cluster School PTA.
• Samorajczyk, Stanley, Esq., partner, Akin, Gump, Strauss, Hauer & Feld.
• Saunders, Nathan, chair, education committee, NAACP Washington, DC Branch; general vice president, Washington Teachers Union.
• Schamess, Lisa, co-president, Hearst Elementary School PTA.
• Seleznow, Steven, partner, Venture Philanthropy Partners; former acting superintendent, D.C. Public Schools.
• Silberman, Jay, president, Alliance Management Group; former member, D.C. Board of Education.
• Snowdon, Richard W., III, Esq., partner, Trainum, Snowdon & Deane.
• Sylvia, Kerry, 2005 International Teacher of the Year, World Affairs Council of Washington, DC; social studies teacher, Cardozo Senior High School.
• Toyer, Iris, Esq., co-chair of Parents United for the D.C. Public Schools; director of the Public Education Legal Services Project.
• Tulman, Joseph, Esq., professor and director, Juvenile and Special Education Law Clinic, UDC David A. Clarke School of Law.
• Turner, Leslie, Esq., partner, Akin, Gump, Strauss, Hauer & Feld.
• Vance, Paul, Ed.D., professor, Trinity University School of Education; former superintendent, D.C. Public Schools.
• Wade, Juanita B., executive director, D.C. Education Compact.
• Wermiel, Stephen, Esq., professor, American University Washington College of Law.
• Whiting, Cherita, president, McKinley Tech Senior High School PTA; co-chair, Ward 4 Education Council; Commissioner, ANC 4B08.
• Wilcox, Ann, Esq., former member, D.C. Board of Education.
• Wilkins, Roger, Esq., professor, George Mason University; former member, D.C. Board of Education.
• Wilson, Benjamin F., Esq., partner, Beveridge & Diamond.
• Woodhead, Sarah, AIA, former Chief of Facilities, D.C.P.S.; Director of Design & Construction, Arlington Public Schools.
• Zavala, Gerald, executive director, Linking Communities for Educational Success

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Talking Points: The DC Education Rights Amendment

The Education Rights Amendment will require the District to provide a high-quality school to every child. The proposed language: "The fundamental right to educational opportunities is a basic value of our society and serves as a foundation of our democratic system of government. Accordingly, the District of Columbia is hereby obligated to provide a system of high-quality public schools to every child."

The Education Rights Amendment will help mobilize and organize parents. A movement to enact this amendment will help focus the efforts of citizens, community groups and the government around one of society 's most fundamental obligations: preparing children for their future. It will spark discussions about society's obligations toward its children and help build broad-based parent and community support for the District's public schools. Community members who unite behind a right to high-quality schools - and help define this right - will work to ensure that high-quality schools are established and maintained.

Only two states provide no constitutional right to education. The District and only two states (Alabama and Iowa) have enacted no constitutional provisions requiring their legislatures to establish a system of free public schools. Nineteen states require various levels of quality of their public schools. Maryland's constitution, for example, requires that its legislature establish "a thorough and efficient" system of public schools. Virginia's constitution directs its legislature to maintain "an educational program of high quality. " No state has enacted a provision providing a right to education and, at the same time, precluding children from enforcing that right.

District citizens want high-quality public schools. In 1982, D. C. voters approved a Constitution of the State of New Columbia that would have provided for a "high-quality, statewide system of free public primary and secondary schools. " In 1987, voters overwhelmingly passed an initiative that recognized "the critical importance of high quality public education for all students in the District of Columbia " and declared `funding of the public schools [to be] of the highest priority of the District of Columbia. "

The Charter Amendment process calls for approval by the City Council and by voters, and passive approval by Congress. First, a charter amendment is passed by the City Council as a regular piece of legislation. Next, it's presented to voters on ballots, for ratification during a regular or special election. Finally, Congress has 35 days during which it can formally reject the amendment. If Congress doesn't reject the amendment, it becomes law.

The school board and City Council could solicit input from citizens so the District can define "high-quality schools. "A possible starting point: A high-quality school is one that offers every student the knowledge and skills necessary to be engaged and empowered voters, jurors, and participants in our public and democratic political processes; and to compete and succeed in a global economy. A high-quality school provides every student access to high-quality teachers and school administrators; student services and student services personnel; academic standards and methods of instruction; programming and course offerings; textbooks, instructional materials and supplies; library and laboratory resources; buildings and other physical facilities; learning environment (safe and orderly); computer technology; school health services; athletics and extra-curricular activities; and supplemental (after-school and summer) programs and services.

The Education Rights Amendment is not designed to expose the District to litigation over the quality of DC Public Schools. The amendment is designed to emphasize the critical importance of education in our city, and in so doing help to facilitate the building of a broad-based city-wide coalition supporting public school reform and needed funding. As part of the year-long process leading to a vote on the amendment in the general election of 2006, there will be an opportunity to keep the issue of quality public schools in center of our political dialogue. The campaign mounted to support the amendment will hopefully form the basis for an ongoing effort to assure long term educational reform. Passage of the amendment by the Council and ratification by the electorate should strengthen the hands of the Superintendent and Board of Education in their efforts to secure sufficient resources to provide the "high quality" education required by the amendment.

A review of cases arising out of existing state constitutional provisions obligating states to provide public education -- including the 19 states specifying levels of quality for their schools - reveals the following. Nearly all of the cases arising under existing state constitutional provisions address the issue whether a state's educational financing laws were consistent with that state's constitution. The vast majority of these cases (many of them brought by local school districts) addressed alleged disparities (e.g., among urban, suburban and rural school districts) arising under state educational financing laws - an issue the District does not face. In the few cases in which courts have found financing laws to be in conflict with the state's constitution, the courts have simply directed the state legislature to remedy the problem.

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Patterson, Colleagues Propose "Right to Education" Amendment

Washington D.C. - March 30, 2006 - Councilmember Kathy Patterson and Council colleagues will introduce legislation April 4 to guarantee a right to education in the District of Columbia. The D.C. Education Rights Charter Amendment Act of 2006 would amend the District's Home Rule Charter to guarantee access to a "system of free high quality public schools" for every child in the District.

Nearly every state in the country includes some provision in their state constitution guaranteeing a right to public education. The Board of Education approved a resolution supporting the proposed amendment in January of this year. If passed by the Council, the amendment would be placed on the ballot this fall as a referendum. Parents United for the D.C. Public Schools, a non-profit school advocacy group, will lead a citizen campaign to garner support for the amendment.

"I'm excited to be introducing this important legislation with my colleagues on the Council," stated Patterson, Chairperson of the Council's Committee on Education, Libraries, and Recreation. "Free public education is fundamental to democratic societies. This amendment will galvanize attention and support across the city for education - for me, it's a civil rights issue and something we should all come together for, to ensure that we deliver high quality public education to our children."