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My School District Will Teach Gay Marriage And Jack O’connell Knows It!

 My school district will teach gay marriage and Jack O’Connell knows it!

If Proposition 8 fails, my school district will teach gay marriage and Superintendent of Public Instruction Jack O'Connell knows it!

Of course, school board members like me, some teachers, and some parents will resist this type of instruction. But like the Borg in the Star Trek Series, the law, education code, judges and pro-gay marriage groups will eventually force their "tolerant" view of gay marriage on all children in public schools.

This is how it will work in California public schools:

Education Code section 51933 makes it clear that schools that teach "comprehensive sex education" have to teach, "respect for marriage and committed relationships". This is something no school district can get around.

It is the choice of school districts whether or not they teach sex education. This is why the Anti- Proposition 8 campaign and Jack O'Connell say there is no requirement to teach about marriage.

What Jack O'Connell knows but doesn't say is that 96 must teach respect for marriage.

The only way out is to end sex education programs in all these school districts. That is something that just won't happen. Look at the outcry that takes place when boards try to emphasize more abstinence. The same groups against Proposition 8 strongly support sex education in our schools. As does O'Connell. They along with the education establishment that created sex education will fight anyone that tries to abolish it.

As you can see, Jack O'Connell saying that Proposition 8 doesn't affect children in schools is like saying the Governor's proposed sales tax hike won't affect people, because there is no mandate that they buy products covered by the sales tax.

But it isn't just sex education that's affected. Look at last year's California Association of Teachers of English Conference. One workshop was entitled "Reading and Writing Beyond the Closet: LGBTQ Inclusion in the English Classroom". (For those new to the acronyms it is Lesbian, Gay, Bi-Sexual, Trans-gendered, and Questioning). The 2009 conference has a whole strand on the topic.

Teen fiction, elementary school reading books, and history are all fair game. Over ten years ago, the leaders of the West Covina teachers union sued me because I tried to stop a workshop for middle school teachers called "Out of The Closet, Into The Classroom".

Passage of SB 777, which expanded discrimination law to include ANYTHING that might discriminate on the basis of gender, sexual orientation, or a classification in hate crime statutes, also impacts every aspect of educational activities.

This was before the debate about Proposition 8.

In their decision on the marriage case, the State Supreme Court found that by its very nature, limiting marriage to that between a man and a woman is discrimination based on sexual orientation.

How is a teacher, parent, or school board member going to overcome the Supreme Court, State law, and the educational establishment?

That brings us to opt-out provisions in California law. The very fact that Anti-Proposition 8 folks cite the opt-out provision should be a wake-up call that gay marriage will be taught and they know it. Otherwise, why bring up opt-out provisions?

The opt-out provision is very narrow in California and is limited to "sexually explicit content" that describes the functions of reproductive organs. That's it. Some have pointed out that two children from the infamous first grade class field trip to a same-sex marriage didn't go. They didn't go because it was an off-campus trip and permission is needed to leave campus. Had the marriage been done on the school campus, parents would not need to be notified nor allowed to opt-out.

You don't have to believe me. Believe the National Center for Lesbian Rights (NCLR). NCLR has given $300,000 to the No on Prop 8 campaign and its Executive Director is on the No on 8 Steering Committee. Their legal analysis, LGBT Legal Issues for School Attorneys, says:

"State law explicitly provides that 'instruction or materials that discuss gender, sexual orientation, or family life and do not discuss human reproductive organs and their functions' is not subject to the parental notice and opt-out laws. California Education Code § 51932(b)." (Pg.31)

There is no opt-out for gay marriage and the legal and educational establishment is dedicated to using existing law to force it on public schools.

When you see the advertisements with Jack O'Connell saying that Proposition 8 is not going to lead to gay marriage being taught in schools, he is either a fool or trying to fool you and that is shameful

 

Taxing Online Education

It is not yet law, but the New York State Department of Taxation and Finance issued an opinion earlier this year distance education courses are subject to state sales tax. Some states already impose a sales tax on educational software. The New York opinion discounted the value of the faculty interaction aspect of the educational service provided by a certain distance education provider by the name of SkillSoft. Even though students can only access the learning resources provided by SkillSoft online this opinion in New York states, “constitutes a transfer of possession of the software because the customer gains constructive possession of the software and gains the right to use, or control or direct the use of the software.” So just by having access to educational software, even though such access is part of an educational service that includes mentoring/teaching by an educator, the State of New York believes students should pay sales tax for this distance learning experience.

Of course these are challenging economic times and state governments are looking for ways to find new sources of revenues, but adding sales tax to online education makes little sense. A tax consultant who is familiar with this case believes there was insufficient human interaction in this online course to justify the purchase of this course as being a non-taxable educational expense. One has to wonder exactly how much interaction between students and teacher is sufficient to deem online education an educational experience or the constructive possession of software.

When asked for a comment, Michael Lambert of the Distance Education and Learning Council (DETC) indicated his belief that this opinion of the New York State Department of Taxation and Finance will not survive legal challenge. Still, this is a quite disturbing development. We need to be finding more cost/effective ways to deliver education, not looking for new ways to make it more expensive.

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