Mississippi Today
For third-straight year, ballot initiative likely dead in Senate
The state Senate will likely allow all proposals to restore voters' right to circumvent the Legislature and place measures on a ballot to die during the lawmaking process without taking a final vote.
Senate Accountability, Efficiency and Transparency Chairman David Parker, R-Olive Branch, recently allowed two Senate measures to restore the initiative process to die on key legislative deadlines, which only left him and the Republican-controlled Senate with a House plan to consider.
Parker technically has until April 2 to advance a House proposal to restore the initiative process out of the committee he leads, but he said he has no plans to take that measure up in committee or on the Senate floor.
“It's not on life support anymore,” Parker said. “It's dead. It doesn't have the votes anymore in the Senate.”
The 52-member Senate by a narrow 26-21 vote Thursday approved a statutory plan that required 67% of voters to approve a potential ballot initiative that appeared on a statewide ballot. The measure was held on a procedural motion, which Parker allowed to stand by Monday's deadline.
The DeSoto County Republican said the cold reception to his proposal was enough evidence that the GOP-controlled chamber did not have the required two-thirds votes needed to pass the House's proposal that amended the state Constitution.
“Sometimes we have to look at the whole picture and decide when the fight can be engaged with, or if it's time to move on to a different battle,” Parker said.
Similar measures have died in the Legislature after the state Supreme Court in 2021 shot down the ballot initiative process that Mississippi voters had for three decades.
The House passed a measure in January that required organizers to gather 166,000 signatures from across the state to place an issue on the ballot. It also prevented issues related to abortion from going on the ballot for consideration.
Rep. Fred Shanks, R-Brandon, was the lead House negotiator on restoring the ballot initiative, and he told Mississippi Today on Monday that Parker's decision was “a little disheartening to hear.”
“This is the third year the House has tried to push the ballot initiative,” Shanks said. “We discussed it with Speaker (Jason) White back in November and made it our very first big agenda item in January.”
During the 30 years that the state had an initiative, only seven proposals made it to a statewide ballot: two initiatives for term limits, eminent domain, voter ID, a personhood amendment, medical marijuana and a measure forcing lawmakers to fund public education fully.
Of those seven, only eminent domain, voter ID and medical marijuana were approved by voters. The rest were rejected.
Parker said he's open to examining the issue in future sessions, but conceded that he doesn't think the vote to restore it will get to the needed two-thirds threshold unless about a dozen senators change their position on the issue.
“In the end, I don't think this is ever going to be a unanimous vote,” Parker said.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
2024 Mississippi legislative session not good for private school voucher supporters
Despite a recent Mississippi Supreme Court ruling allowing $10 million in public money to be spent on private schools, 2024 has not been a good year for those supporting school vouchers.
School-choice supporters were hopeful during the 2024 legislative session, with new House Speaker Jason White at times indicating support for vouchers.
But the Legislature, which recently completed its session, did not pass any new voucher bills. In fact, it placed tighter restrictions on some of the limited laws the state has in place allowing public money to be spent on private schools.
Notably, the Legislature passed a bill that provides significantly more oversight of a program that provides a limited number of scholarships or vouchers for special-needs children to attend private schools.
Going forward, thanks to the new law, to receive the vouchers a parent must certify that their child will be attending a private school that offers the special needs educational services that will help the child. And the school must report information on the academic progress of the child receiving the funds.
Also, efforts to expand another state program that provides tax credits for the benefit of private schools was defeated. Legislation that would have expanded the tax credits offered by the Children's Promise Act from $8 million a year to $24 million to benefit private schools was defeated. Private schools are supposed to educate low income students and students with special needs to receive the benefit of the tax credits. The legislation expanding the Children's Promise Act was defeated after it was reported that no state agency knew how many students who fit into the categories of poverty and other specific needs were being educated in the schools receiving funds through the tax credits.
Interestingly, the Legislature did not expand the Children's Promise Act but also did not place more oversight on the private schools receiving the tax credit funds.
The bright spot for those supporting vouchers was the early May state Supreme Court ruling. But, in reality, the Supreme Court ruling was not as good for supporters of vouchers as it might appear on the surface.
The Supreme Court did not say in the ruling whether school vouchers are constitutional. Instead, the state's highest court ruled that the group that brought the lawsuit – Parents for Public Schools – did not have standing to pursue the legal action.
The Supreme Court justices did not give any indication that they were ready to say they were going to ignore the Mississippi Constitution's plain language that prohibits public funds from being provided “to any school that at the time of receiving such appropriation is not conducted as a free school.”
In addition to finding Parents for Public Schools did not have standing to bring the lawsuit, the court said another key reason for its ruling was the fact that the funds the private schools were receiving were federal, not state funds. The public funds at the center of the lawsuit were federal COVID-19 relief dollars.
Right or wrong, The court appeared to make a distinction between federal money and state general funds. And in reality, the circumstances are unique in that seldom does the state receive federal money with so few strings attached that it can be awarded to private schools.
The majority opinion written by Northern District Supreme Justice Robert Chamberlin and joined by six justices states, “These specific federal funds were never earmarked by either the federal government or the state for educational purposes, have not been commingled with state education funds, are not for educational purposes and therefore cannot be said to have harmed PPS (Parents for Public Schools) by taking finite government educational funding away from public schools.”
And Southern District Supreme Court Justice Dawn Beam, who joined the majority opinion, wrote separately “ to reiterate that we are not ruling on state funds but American Rescue Plan Act (ARPA) funds … The ARPA funds were given to the state to be used in four possible ways, three of which were directly related to the COVID -19 health emergency and one of which was to make necessary investments in water, sewer or broadband infrastructure.”
Granted, many public school advocates lamented the decision, pointing out that federal funds are indeed public or taxpayer money and those federal funds could have been used to help struggling public schools.
Two justices – James Kitchens and Leslie King, both of the Central District, agreed with that argument.
But, importantly, a decidedly conservative-leaning Mississippi Supreme Court stopped far short – at least for the time being – of circumventing state constitutional language that plainly states that public funds are not to go to private schools.
And a decidedly conservative Mississippi Legislature chose not to expand voucher programs during the 2024 session.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1925
MAY 19, 1925
Malcolm X was born Malcolm Little in Omaha, Nebraska. When he was 14, a teacher asked him what he wanted to be when he grew up and he answered that he wanted to be a lawyer. The teacher chided him, urging him to be realistic. “Why don't you plan on carpentry?”
In prison, he became a follower of Nation of Islam leader Elijah Muhammad. In his speeches, Malcolm X warned Black Americans against self-loathing: “Who taught you to hate the texture of your hair? Who taught you to hate the color of your skin? Who taught you to hate the shape of your nose and the shape of your lips? Who taught you to hate yourself from the top of your head to the soles of your feet? Who taught you to hate your own kind?”
Prior to a 1964 pilgrimage to Mecca, he split with Elijah Muhammad. As a result of that trip, Malcolm X began to accept followers of all races. In 1965, he was assassinated. Denzel Washington was nominated for an Oscar for his portrayal of the civil rights leader in Spike Lee's 1992 award-winning film.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Did you miss our previous article…
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Mississippi Today
On this day in 1896
MAY 18, 1896
The U.S. Supreme Court ruled 7-1 in Plessy v. Ferguson that racial segregation on railroads or similar public places was constitutional, forging the “separate but equal” doctrine that remained in place until 1954.
In his dissent that would foreshadow the ruling six decades later in Brown v. Board of Education, Justice John Marshall Harlan wrote that “separate but equal” rail cars were aimed at discriminating against Black Americans.
“In the view of the Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens,” he wrote. “Our Constitution in color-blind and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful. The law … takes no account of his surroundings or of his color when his civil rights as guaranteed by the supreme law of the land are involved.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Did you miss our previous article…
https://www.biloxinewsevents.com/?p=359301
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