https://www.politico.com/news/2023/12/29/oklahoma-public-christian-schools-00132534
Thursday, December 28, 2023
Where do most nurses in Texas work?
Most work for a governmental agency.
- A Look at Nursing in Texas.
- Nursing in Texas.
- Texas Center for Nursing Workforce Studies.
- Nursing - An Occupation in Demand.
- Career Planning.
- State Hospitals.
- Texas Hospital Association.
- Texas' Largest Hospital Districts.
From the New York Times: The Times Sues OpenAI and Microsoft Over A.I. Use of Copyrighted Work
Given how AI is designed, this seems inevitable.
Might be useful to trace the evolution of copyright policy alongside the development of media technology.
- As an aside one of Congress' enumerated powers is to pass laws on the subject of copyrights.
- Click here for the article.
The New York Times sued OpenAI and Microsoft for copyright infringement on Wednesday, opening a new front in the increasingly intense legal battle over the unauthorized use of published work to train artificial intelligence technologies.
The suit does not include an exact monetary demand. But it says the defendants should be held responsible for “billions of dollars in statutory and actual damages” related to the “unlawful copying and use of The Times’s uniquely valuable works.” It also calls for the companies to destroy any chatbot models and training data that use copyrighted material from The Times.
- Click here for the lawsuit.
I. NATURE OF THE ACTION
1. Independent journalism is vital to our democracy. It is also increasingly rare and valuable. For more than 170 years, The Times has given the world deeply reported, expert, independent journalism. Times journalists go where the story is, often at great risk and cost, to inform the public about important and pressing issues. They bear witness to conflict and disasters, provide accountability for the use of power, and illuminate truths that would otherwise go unseen. Their essential work is made possible through the efforts of a large and expensive organization that provides legal, security, and operational support, as well as editors who ensure their journalism meets the highest standards of accuracy and fairness. This work has always been important. But within a damaged information ecosystem that is awash in unreliable content, The Times’s journalism provides a service that has grown even more valuable to the public by supplying trustworthy information, news analysis, and commentary.
2. Defendants’ unlawful use of The Times’s work to create artificial intelligence products that compete with it threatens The Times’s ability to provide that service. Defendants’ generative artificial intelligence (“GenAI”) tools rely on large-language models (“LLMs”) that were built by copying and using millions of The Times’s copyrighted news articles, in-depth investigations, opinion pieces, reviews, how-to guides, and more. While Defendants engaged in widescale copying from many sources, they gave Times content particular emphasis when building their LLMs—revealing a preference that recognizes the value of those works. Through Microsoft’s Bing Chat (recently rebranded as “Copilot”) and OpenAI’s ChatGPT, Defendants seek to free-ride on The Times’s massive investment in its journalism by using it to build substitutive products without permission or payment.
3. The Constitution and the Copyright Act recognize the critical importance of giving creators exclusive rights over their works. Since our nation’s founding, strong copyright protection has empowered those who gather and report news to secure the fruits of their labor and investment. Copyright law protects The Times’s expressive, original journalism, including, but not limited to, its millions of articles that have registered copyrights.
4. Defendants have refused to recognize this protection. Powered by LLMs containing copies of Times content, Defendants’ GenAI tools can generate output that recites Times content verbatim, closely summarizes it, and mimics its expressive style, as demonstrated by scores of examples. See Exhibit J. These tools also wrongly attribute false information to The Times.
From he Washington Post: Home-schoolers dismantled state oversight. Now they fear pushback.
More on one of the reserved powers of the states.
If you take state money, the state will want to regulate how you spend it.
- Click here for the article.
Few causes have enjoyed more success. In the 1980s, it was illegal in most of the United States for parents who weren’t trained educators to teach their children at home.
“These families value their freedom to direct and provide educational opportunities for their children,” she said. Ohio home-schooling leaders worried that if they accepted government funding they would also be forced to accept government regulation of the kind that the home-schooling movement had spent decades dismantling.
The situation in Ohio illustrates the extraordinary moment at which America’s home-schooling movement finds itself after nearly a half-century of activism.
Few causes have enjoyed more success. In the 1980s, it was illegal in most of the United States for parents who weren’t trained educators to teach their children at home.
Today home schooling is not only legal for parents without teaching credentials; many states don’t require them to have graduated from high school. In much of the country, oversight of home educators is scant, or nonexistent.
After an Ohio couple was exposed running a Nazi home-schooling network earlier this year, state officials promised to investigate but eventually declared themselves powerless to do anything. And five months later, state lawmakers eliminated a decades-old requirement that home-school parents submit assessments of their children’s academic progress to school districts.
Only three states impose mandatory testing on most home-schooled children. A majority of states don’t require any form of academic assessment — and even in those that do, the results are often ignored. Over the summer, Vermont Education Agency officials persuaded legislators to end a requirement that home-schoolers send instructional plans and assessment results to the state, saying it lacked the staff to review them.
The number of families in this largely unmonitored educational landscape has soared, growing at a rate far faster than the population of public or private schools. A Washington Post analysis estimated there could be as many as 2.7 million home-schooled children in the United States, up from about 1.5 million before the pandemic.
But there are signs that the mainstream may be a less comfortable place than the margins for the activists who shaped America’s hands-off approach to home education.
Surprised and, at times, alarmed by the explosion of interest in home schooling, legislators and education officials in some states are talking about reviving oversight measures that home-schooling advocates have worked to erase. In South Dakota, public school officials are making the case for better tracking of a home-school population that nearly doubled over six years.
Greater oversight is likewise on the agenda in Michigan, one of 11 states where home schooling is essentially unregulated — and where parents do not even have to report that they are withdrawing a child from school, let alone demonstrate any academic progress. State legislators there are poised to take up a regulatory bill in 2024 following a Post story about the torture and murder of a home-schooled 11-year-old from Michigan and the emergence of new abuse cases.
But home-school advocates are also facing pressure from an unlikely source: the school-choice movement, which pushes for families’ access to tax dollars for private education. Although both movements believe public schools are failing America’s children, school-choice advocates are more open to accountability measures, such as standardized tests, in exchange for public funding.
Monday, December 25, 2023
From Wallet Hub: Most & Least Federally Dependent States
Which states contribute more, and which states draw more, from the national government.
- Click here for the article.
Texas ranks #29
From the Kinder Institute: 10 in 2023: Top stories from the Urban Edge
The Kinder Institute is affiliated with Rice University.
This is their analysis of what they see as the top issues facing the Houston area.
- Click here for it.
1 - With conservation districts, Houston could have a new path to preserve neighborhoods
3 - Harris County has more FEMA-designated ‘disaster resilience zones’ than anywhere else
4 - Despite more people in the office, the workplace shift is shaking up all of Houston’s other ‘downtowns’
5 - Rising flood insurance costs may be another blow to Houston’s affordability
6 - Renting in Harris County is increasingly unaffordable and fraught with other challenges
7 - Public school enrollment is facing a ‘demographic bubble.’ Urban districts are already seeing its effects
8 - With economic concerns rising, Houstonians want more done to address the gap between rich and poor
9 - Fort Bend County found to be among the nation’s most prosperous for immigrants
10 - Highways, flooding and sprawl: How Houston could have a bigger say in the region's future
Anderson v. Griswold - The Colorado case which removes rump from the Colorado Republican primary ballot
Wikipedia: Anderson v. Griswold.
. . . a 2023 Colorado Supreme Court case in which the court rejected the presidential eligibility of Donald Trump, the former president of the United States and a candidate in the 2024 presidential election, on the basis of his involvement in the January 6 Capitol attack. The court held that Trump's actions before and during the attack constituted engaging in insurrection; the Fourteenth Amendment disqualifies presidential candidates who have engaged in insurrection against the United States. The Colorado Supreme Court's ruling in Anderson v. Griswold is the first time that a presidential candidate has been disqualified from office in a state on the basis of the Fourteenth Amendment. It is stayed until January 4, 2024, or until a ruling is made by the Supreme Court of the United States.
- Click here for the decision.
Property ownership requirements for Texas bond elections 1932 - 1999
I ran across this while doing some research on constitutional amendments. For a brief period of time, Texas required that only people who owned property could vote for bond elections:
- 1932 - 42nd R.S. HJR 26
- Click here for more.
For the amendment providing that only qualified electors owning taxable property in the State, county, district, political sub-division, city town or village where the election is held and which has been duly rendered for taxation shall be qualified to vote at elections held for the purpose of issuing bonds or otherwise lending credit or expending money or assuming debt therein.
The language was removed in 1999 due to its being declared obsolete. I'm not sure yet what made them obsolete.
- HJR 62, 76th R.S.
- Click here for the current language in Texas Election Code:
Sec. 3a. QUALIFICATIONS OF VOTERS IN LOCAL ELECTIONS REGARDING PUBLIC DEBTS OR EXPENDITURES.
When an election is held by any county, or any number of counties, or any political sub-division of the State, or any political sub-division of a county, or any defined district now or hereafter to be described and defined within the State and which may or may not include towns, villages or municipal corporations, or any city, town or village, for the purpose of issuing bonds or otherwise lending credit, or expending money or assuming any debt, only qualified voters of the State, county, political sub-division, district, city, town or village where such election is held shall be qualified to vote.
(Added Nov. 8, 1932; amended Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 3a: See Appendix, Note 1.)
From the the Houston Chronicle: Did Houston's Mayor Turner fulfil all his promises during his 8-year reign?
Its an open question how much a a mayor can and cannot accomplish. But campaigns are run on promises and people tend to hold them accountable. Strong mayors systems are intended to allow mayors to accomplish more, but still . . .
- Click here for the article.
Over the past eight years, Turner has taken action to make his mark on the city and improve conditions for city residents. Outlined in his legacy book, Turner has launched initiatives like vastly investing in improving the city's parks and greenspace, successfully decreasing the amount of unhoused Houstonians living on the streets or in shelters, and creating the largest urban solar farm in the country.
- Houston still doesn't have an amusement park
- Houston firefighter's contract is still pending
- IAH Terminal B Expansion may be possible in 2024
Related:
- Strong Mayors.
- - New Houston City Council powers are shifting the dynamic of the city's 'strong mayor' system.
- - In Houston, some want to see the mayor lose control — at least some of it.
- - The Houston mayor is a ‘strong mayor’ who will soon face a new limitation.
What I want to be when I grow up - part 2
Thanks for another student who has shared plans with others.
Below you'll see links to sate laws and rules relate to this goal.
When I grow up and finish my schooling, I'm aiming to become a psychologist/ therapist. Under the Texas state law for psychiatrists we have to go through a strenuous amount of schooling. Becoming a psychologist is basically becoming a doctor of the minds and helping individuals out. In the state of Texas it is required to not have committed a felony and to ensure you yourself are also of sound mind. Section 205.256 an executive council can require a yearly exam done to ensure all rules and laws are being followed under the Texas state regulated laws for this career field. One day i hope to help children and adults walk through the pain they hold so tight in an attempt to make their lives more manageable. Since this career is considered a doctor there are hundreds of different rules set state by state to regulate prescriptions written, etc.
- Texas Occupations Code.
- Texas Occupations Code - Chapter 501. Psychologists.
- Texas State Board of Examiners of Psychologists.
- Sunset Review: Texas State Board of Examiners of Psychologists.
- Texas Behavioral Health Executive Council.
- Texas Trade Association.
- Applying for a License.
Below you'll see links to sate laws and rules relate to this goal.
When I grow up and finish my schooling, I'm aiming to become a psychologist/ therapist. Under the Texas state law for psychiatrists we have to go through a strenuous amount of schooling. Becoming a psychologist is basically becoming a doctor of the minds and helping individuals out. In the state of Texas it is required to not have committed a felony and to ensure you yourself are also of sound mind. Section 205.256 an executive council can require a yearly exam done to ensure all rules and laws are being followed under the Texas state regulated laws for this career field. One day i hope to help children and adults walk through the pain they hold so tight in an attempt to make their lives more manageable. Since this career is considered a doctor there are hundreds of different rules set state by state to regulate prescriptions written, etc.
- Texas Occupations Code.
- Texas Occupations Code - Chapter 501. Psychologists.
- Texas State Board of Examiners of Psychologists.
- Sunset Review: Texas State Board of Examiners of Psychologists.
- Texas Behavioral Health Executive Council.
- Texas Trade Association.
- Applying for a License.
Saturday, December 23, 2023
Pardons and Clemencies
From the NYT: Biden Commutes Drug Sentences for 11 and Expands Marijuana Pardons.
President Biden said he would commute the sentences of 11 people who had been jailed for nonviolent drug offenses and pardon convictions for marijuana use and possession on federal lands as part of a broader effort by his administration to address racial disparities in drug sentencing.
Each of the clemency recipients would have been eligible for shorter sentencing under current laws, Mr. Biden said in a statement on Friday. Their original sentences — characterized by the president as “disproportionately long” — ranged from decades to life in prison for attempting to distribute drugs, including cocaine and methamphetamine, according to a list published by the White House.
Mr. Biden also said that he had pardoned more offenses involving possession of marijuana under federal law and D.C. law, which builds on his decision last year to pardon thousands of people who had been convicted of marijuana possession under federal law. The new pardons would apply to people found guilty of using or attempting to possess marijuana on federal lands, in addition to simple possession, according to a presidential proclamation issued on Friday.
Such offenses are outnumbered by those at the state level, which Mr. Biden does not have the authority to pardon.
From the White House:
- Statement from President Joe Biden on Clemency Actions.
- A Proclamation on Granting Pardon for the Offense of Simple Possession of Marijuana, Attempted Simple Possession of Marijuana, or Use of Marijuana.
President Biden said he would commute the sentences of 11 people who had been jailed for nonviolent drug offenses and pardon convictions for marijuana use and possession on federal lands as part of a broader effort by his administration to address racial disparities in drug sentencing.
Each of the clemency recipients would have been eligible for shorter sentencing under current laws, Mr. Biden said in a statement on Friday. Their original sentences — characterized by the president as “disproportionately long” — ranged from decades to life in prison for attempting to distribute drugs, including cocaine and methamphetamine, according to a list published by the White House.
Mr. Biden also said that he had pardoned more offenses involving possession of marijuana under federal law and D.C. law, which builds on his decision last year to pardon thousands of people who had been convicted of marijuana possession under federal law. The new pardons would apply to people found guilty of using or attempting to possess marijuana on federal lands, in addition to simple possession, according to a presidential proclamation issued on Friday.
Such offenses are outnumbered by those at the state level, which Mr. Biden does not have the authority to pardon.
From the White House:
- Statement from President Joe Biden on Clemency Actions.
- A Proclamation on Granting Pardon for the Offense of Simple Possession of Marijuana, Attempted Simple Possession of Marijuana, or Use of Marijuana.
- Clemency Recipient List.
From the Department of Justice: Pardons Granted by President Joseph Biden (2021-Present).
Friday, December 22, 2023
Thursday, December 21, 2023
John Chapman - aka Johnny Appleseed - was not only a real person, he is a great example of how the United States pushed westward
This You Tube is worth a watch.
The national and state governments promote development of commerce and he expansion of markets. From what I can tell, that's what Chapman did. Create orchards and nurseries across what was then the wild west.
The Texas Department of Agriculture, along with the USDA, do the same.
He also spread his religious beliefs: The New Church (Swedenborgian).
For info on prior populations: Pennsylvania Indian Tribes.
As is a quick look through how Wikipedia entry.
- Click here for it.
The popular image is of Johnny Appleseed spreading apple seeds randomly everywhere he went. In fact, he planted nurseries rather than orchards, built fences around them to protect them from livestock and wildlife, left the nurseries in the care of a neighbor who sold trees on shares, and returned every year or two to tend the nursery. He planted his first nursery on the bank of Brokenstraw Creek, south of Warren, Pennsylvania. Next, he seems to have moved to Venango County, along the shore of French Creek, but many of these nurseries were in the Mohican River area of north-central Ohio. This area included the towns of Mansfield, Lisbon, Lucas, Perrysville and Loudonville.
In 1817, a bulletin of the Church of New Jerusalem printed in Manchester, England, was the first to publish a written report about Chapman. It described a missionary who traveled around the West to sow apple seeds and pass out books of the New Church.
. . . Johnny Appleseed left an estate of over 1,200 acres (490 ha) of valuable nurseries to his sister. He also owned four plots in Allen County, Indiana, including a nursery in Milan Township with 15,000 trees, and two plots in Mount Vernon, Ohio. He bought the southwest quarter (160 acres; 65 ha) of section 26, Mohican Township, Ashland County, Ohio, but did not record the deed and lost the property.
The financial panic of 1837 took a toll on his estate. Trees brought only two or three cents each, as opposed to the "fippenny bit" (about six and a quarter cents) that he usually got. Some of his land was sold to pay taxes following his death, and litigation used up much of the rest.
For info on the nursery industry:
- The Nursey Industry in the United States.
- A brief early history of the horticulture industry.
- The Prince Family: Pioneers of American Horticulture.
The national and state governments promote development of commerce and he expansion of markets. From what I can tell, that's what Chapman did. Create orchards and nurseries across what was then the wild west.
The Texas Department of Agriculture, along with the USDA, do the same.
He also spread his religious beliefs: The New Church (Swedenborgian).
For info on prior populations: Pennsylvania Indian Tribes.
As is a quick look through how Wikipedia entry.
- Click here for it.
The popular image is of Johnny Appleseed spreading apple seeds randomly everywhere he went. In fact, he planted nurseries rather than orchards, built fences around them to protect them from livestock and wildlife, left the nurseries in the care of a neighbor who sold trees on shares, and returned every year or two to tend the nursery. He planted his first nursery on the bank of Brokenstraw Creek, south of Warren, Pennsylvania. Next, he seems to have moved to Venango County, along the shore of French Creek, but many of these nurseries were in the Mohican River area of north-central Ohio. This area included the towns of Mansfield, Lisbon, Lucas, Perrysville and Loudonville.
In 1817, a bulletin of the Church of New Jerusalem printed in Manchester, England, was the first to publish a written report about Chapman. It described a missionary who traveled around the West to sow apple seeds and pass out books of the New Church.
. . . Johnny Appleseed left an estate of over 1,200 acres (490 ha) of valuable nurseries to his sister. He also owned four plots in Allen County, Indiana, including a nursery in Milan Township with 15,000 trees, and two plots in Mount Vernon, Ohio. He bought the southwest quarter (160 acres; 65 ha) of section 26, Mohican Township, Ashland County, Ohio, but did not record the deed and lost the property.
The financial panic of 1837 took a toll on his estate. Trees brought only two or three cents each, as opposed to the "fippenny bit" (about six and a quarter cents) that he usually got. Some of his land was sold to pay taxes following his death, and litigation used up much of the rest.
For info on the nursery industry:
- The Nursey Industry in the United States.
- A brief early history of the horticulture industry.
- The Prince Family: Pioneers of American Horticulture.
From the Texas Tribune: Gov. Greg Abbott signs bill making illegal immigration a state crime
There are three
From the Texas Legislature Online - SB3 88(4): Relating to an appropriation to provide funding for the construction, operation, and maintenance of border barrier infrastructure and border security operations, including funding for additional overtime expenses and costs due to certain increased law enforcement presence.
From the Texas Legislature Online - SB4 88(4): Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions and certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses.
From the Texas Legislature Online - SB4 88(3): Relating to the punishment for certain criminal conduct involving the smuggling of persons or the operation of a stash house; increasing criminal penalties.
The second bill has raised constitutional questions regarding federalism. Has Texas intruded upon an area of public policy that the U.S. Constitution has delegated to the national government?
- Click here for the article.
Under the new law, migrants who decline to return immediately to Mexico would serve their sentence, then be transported by police to a port of entry — and they could face a felony charge for refusing to return to Mexico at that point.
The new law faces a potential roadblock if the Mexican government refuses to accept certain migrants when they’re deported. Professors and a former Mexican immigration official have said Mexico is under no obligation to accept non-Mexican immigrants deported by Texas.
When asked what Texas would do if Mexico does not accept migrants deported by the state, Abbott said at the news conference: “We’re going to send them right back to Mexico.”
The new law prohibits police from arresting migrants in public or private schools; churches and other places of worship; health care facilities; and facilities that provide forensic medical examinations to sexual assault survivors. The bill doesn’t prohibit arrests on college or university campuses.
In response, various groups have filed suit challenging the constitutionality of SB4 88(4).
- Groups sue over new Texas law that lets police arrest migrants who enter the US illegally.
- Civil rights groups file federal lawsuit against new Texas immigration law SB 4.
- Civil Rights Organizations Sue to Block Texas from Enacting Extremist Immigration Law.
Wednesday, December 20, 2023
What I want to be when I grow up - GOVT 2306 IMF3
From one of our colleagues
Please send me something similar . . . please?
When I grow up, I would like to work as a nurse, specifically, as a NICU nurse, and work with tiny babies. A lot of federal and state laws apply to this job, and I must say it is highly regulated. As a state law, the Texas Board of Nursing (BON) is in charge of verifying and guaranteeing that people holding a license have the knowledge and requirements to practice safely and not cause harm. The Nursing Practice Act (NPA) is another state legislature that regulates the practice of nursing. It specifies the things a nurse can or cannot do and their scope of practice. It is interesting! Also, I think it gives a little bit of peace of mind in the community to know that laws and rules exist to protect the welfare of the people.
__________
Here's a question for all you libertarians out there. Why do event need to regulate nursing?
- What are U.S. Nursing Regulatory Bodies?
More than 100 years ago, state and territorial governments established NRBs to protect the public's health and welfare by overseeing and ensuring the safe practice of nursing. NRBs achieve this mission by outlining the standards for safe nursing care and issuing licenses to practice nursing. Once a license is issued, the NRB's job continues by monitoring licensees' compliance to jurisdictional laws and taking action against the licenses of those nurses who have exhibited unsafe nursing practice.
Are health regulatory agencies means of addressing market failure? Ensuring that consumers of health care know that practioners are qualified?
- Regulation of health care markets.
- What is the Role of Regulatory Bodies in Healthcare?
Please send me something similar . . . please?
When I grow up, I would like to work as a nurse, specifically, as a NICU nurse, and work with tiny babies. A lot of federal and state laws apply to this job, and I must say it is highly regulated. As a state law, the Texas Board of Nursing (BON) is in charge of verifying and guaranteeing that people holding a license have the knowledge and requirements to practice safely and not cause harm. The Nursing Practice Act (NPA) is another state legislature that regulates the practice of nursing. It specifies the things a nurse can or cannot do and their scope of practice. It is interesting! Also, I think it gives a little bit of peace of mind in the community to know that laws and rules exist to protect the welfare of the people.
__________
Here's related government info:
- Texas Board of Nursing.
- Sunset Review Board: Texas Board of Nursing.
- Laws & Rules - Nursing Practice Act.
- Texas Fiscal Size-Up: Regulatory Agencies. Go to page 471.
- Texas Occupations Code: Chapter 301. Nursing.
- Texas Occupations Code: Chapter 53. Consequences of Criminal Conviction.
- Texas Government Code: Sec. 411.125. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS BOARD OF NURSING.
Here's related government info:
- Texas Board of Nursing.
- Sunset Review Board: Texas Board of Nursing.
- Laws & Rules - Nursing Practice Act.
- Texas Fiscal Size-Up: Regulatory Agencies. Go to page 471.
- Texas Occupations Code: Chapter 301. Nursing.
- Texas Occupations Code: Chapter 53. Consequences of Criminal Conviction.
- Texas Government Code: Sec. 411.125. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS BOARD OF NURSING.
__________
Here's a question for all you libertarians out there. Why do event need to regulate nursing?
- What are U.S. Nursing Regulatory Bodies?
More than 100 years ago, state and territorial governments established NRBs to protect the public's health and welfare by overseeing and ensuring the safe practice of nursing. NRBs achieve this mission by outlining the standards for safe nursing care and issuing licenses to practice nursing. Once a license is issued, the NRB's job continues by monitoring licensees' compliance to jurisdictional laws and taking action against the licenses of those nurses who have exhibited unsafe nursing practice.
Are health regulatory agencies means of addressing market failure? Ensuring that consumers of health care know that practioners are qualified?
- Regulation of health care markets.
- What is the Role of Regulatory Bodies in Healthcare?
Tuesday, December 19, 2023
From the Washington Post: So you want to be an NIL agent? There’s very little stopping you.
Here's an example of the development of regulations.
A new market has developed based on the transfer portal and NIL (name, image, and license) rights. Agents have popped up since there are no rules regarding who can and cannot represent student athletes. That might change as calls have emerged to create rules and regulations.
One might assume that the agents know more about these licenses and the overall market than college athletes. If so, regulations would address market failure, in this case uneven information.
It might be interesting to see if Texas is considering putting regulations in place
- Click here for the article.
When the NCAA started allowing athletes to profit off their names, images and likenesses on July 1, 2021, tens of thousands of college students became potential clients for sports agents or “sports agents” overnight. It didn’t matter that no one knew how the market would work. What mattered was that a market existed at all.
While schools and collectives can try to screen who represents their athletes, most states don’t require NIL agents to disclose their relationships or contracts with clients. Unlike in major professional leagues, there’s also no players association to standardize the requirements to be an agent, nor is there a collective bargaining agreement because college athletes are not considered employees (yet). The NCAA does have a certification process for agents looking to represent athletes ahead of the NBA draft. As for NIL specifically, the NCAA has pitched a voluntary registration system for agents, allowing athletes to view them in a centralized place and rate their experience for others to see. This is a small sliver of a larger proposal for student-athlete NIL protection that will be voted on in January.
“The qualifications for being an NIL agent are the same as being a quote-unquote NFL draft expert,” said Neil Stratton, founder of Inside the League, which offers services to NFL scouts, agents and players preparing for the draft. “You declare yourself one.”
That’s not to say every NIL agent is a rogue actor. Far from it, actually. Major agencies such as CAA, WME and Excel, among others, now have NIL wings. Many people with backgrounds in marketing or branding have registered through the proper channels and educated themselves on the space. Or take Jack Adler, a recent Syracuse graduate who started as an NIL agent while in school, then grew his company, Out2Win Sports, into a legitimate sports marketing firm with a long list of clients.
But that still leads to another question: What might more regulation even look like?
Monday, December 18, 2023
From the Texas Tribune: Texas community colleges see biggest enrollment recovery since the pandemic
Things may be looking good for community colleges. Higher enrollment means higher tuition and more money from the state.
- Click here for the story.
Texas community colleges saw a big post-pandemic recovery this year, preliminary fall enrollment data shows.
The uptick comes after community colleges saw enrollment fall by about 80,000 students between 2019 and 2021, causing community college enrollment to fall below the state’s four-year universities for the first time since the 1990s. The drop came as a surprise to many community colleges expecting student enrollment to increase during the pandemic, as it typically does during economic recessions when students look for more affordable schooling options.
For more:
- All Eyes on Texas: Community Colleges Focus on Preparing the Workforce of Tomorrow.
From Texas Monthly: New Hopes for a Train From Dallas to Houston
Folks have been debating high speed rail in the state for decades.
- Click here for the article.
Now, it seems, the Texas Department of Transportation wants to bring it back. On Friday, the Federal Railroad Administration awarded $2.5 million to fund five studies of up to $500,000 each to explore passenger rail service in Texas, including a TxDOT project to restore a Dallas-Houston route on the same Union Pacific tracks that once carried the Texas Eagle, as well as an Amtrak partnership to resurrect a controversial high-speed rail project that stalled out in 2022.
The money comes from the Federal Railroad Administration’s new Corridor Identification and Development Program, which was enabled by the Infrastructure Investment and Jobs Act in 2021. The inaugural round, announced Friday, funded 69 studies, an attempt to build a pipeline of intercity rail projects in almost every state. It’s unlikely all of them will get built. “Half a million to study something is a pittance. That’s hardly a down payment,” said David Peter Alan, a writer for Railway Age and longtime transit advocate.
TxDOT applied for three passenger rail studies that would connect the so-called Texas Triangle, encompassing Austin, Dallas–Fort Worth, Houston, and San Antonio. Two of the three corridors were funded, one to restore service between Dallas and Houston and another to expand service between Houston and San Antonio along an existing Amtrak line.
This area contains two thirds of the state’s population and accounts for nearly 90 percent of the state’s growth over the past decade. A TxDOT spokesperson declined an interview with Texas Monthly. In its grant application, the agency acknowledged that Texas highways are among the most congested in the nation and that adding passenger rail would alleviate road congestion, improve safety, and reduce emissions. The state leads the nation in traffic deaths and carbon emissions on its roads.
Although the funding represents a commitment only to study the corridors, the fact that TxDOT applied is significant, said Peter LeCody, the president of Texas Rail Advocates, a nonprofit dedicated to developing rail service across the state. “Passenger rail really has not been in TxDOT’s vocabulary at all,” he said. The agency’s rail division was established in 2009 and received only $21 million in TxDOT’s $37 billion 2024–2025 budget. “We’re pleased to see that TxDOT is making these steps in the right direction.”
But there is no state money designated by the legislature for passenger rail, LeCody said. To secure federal funding for construction, TxDOT would have to commit to paying for 20 percent of any rail project, even as state law requires roughly 97 percent of the agency’s funding be spent on roads. TxDOT cited the Texas Mobility Fund—which has a balance of $460 million—and “state general revenue” as funding sources for the Dallas-Houston and San Antonio–Houston rail projects. “We have asked TxDOT in the past, in their legislative appropriation request, to put in funding for passenger rail projects. They’ve shied away from that,” LeCody said.
Sunday, December 17, 2023
From the Texas Tribune: Nearly 1.7 million Texans lose Medicaid as state nears end of “unwinding”
Medicaid is the largest source of federal funds for the state. It was established as part of the Great Society and provides federal matching grants for states to implements medical assistance for the poor.
Some states support these programs, some don't. Texas included.
Background.
- The Great Society.
- Social Security Amendments of 1965.
- Medicaid.
- Cooperative federalism.
- Texas Fiscal Size-Up - Health and Human Services pg 157+
__________
- Click here for the article.
Nearly 1.7 million Texans have lost their health insurance — the largest number of people any state has removed — in the months since Texas began peeling people from Medicaid as part of the post-pandemic “unwinding.” Around 65% of these removals occurred because of procedural reasons, according to the state.
As a result, more than 5 million Texans had continuous access to health care throughout the pandemic through Medicaid, the joint federal-and-state-funded insurance program for low-income individuals. In Texas, the program’s eligibility criteria is so restrictive, it mainly covers poor children, their mothers while pregnant and post partum, and disabled and senior adults.
But the effects of speedrunning this process have reverberated: Still-eligible Texans were kicked off both in error and for procedural reasons, adding to backlogs of hundreds of thousands of Medicaid applications and pushing wait times back several months. Backlogs for SNAP food benefits applications, which the same state agency also manages, also skyrocketed because of the burden.
“The state handled this with an incredible amount of incompetence and indifference to poor people,” U.S. Rep. Lloyd Doggett, D-Austin, told The Texas Tribune. “It's really appalling.”
Doggett has repeatedly demanded for changes in the process, most recently sending a letter to the U.S. Centers for Medicare and Medicaid Services calling their scrutiny of the state “woefully inadequate.”
He said he also contacted the agency overseeing the nation’s Supplemental Nutrition Assistance Program program, the U.S. Department of Agriculture, about improving the state’s food benefit access during this time. He suggested pausing upcoming SNAP renewals so Texas staffers could focus on working through backlogs first.
Neither federal agency had responded to him as of Thursday morning, he said.
As of Dec. 8, there were 207,465 SNAP applications and 288,939 Medicaid applications waiting to be processed, according to HHSC spokesperson Tiffany Young.
“Nobody who watched this is surprised about the backlog. We had delays before the unwinding, and then we put a gigantic amount of work on the system that wasn't spaced in any sort of even, realistic way, that was totally front-loaded,” said Stacey Pogue, a senior policy analyst at Every Texan.
“The way the state's choosing to do this is one gigantic, long backlog. That's a choice, and it hurts people in need,” she added. “But they had other choices to take workload off the system without asking people to wait and wait and wait and wait.”
The wait time for Texans who now apply for both SNAP and Medicaid has decreased to a little over a month, as they have to wait for their Medicaid application to go through first, Doggett said. Young said a special team processes combined applications at the same time. This is a reduction from a five-month waiting period in place at the beginning of December, Young said.
As of October 2023, some previously submitted applications in the queue had been sitting there for as long as four months, HHSC spokesperson Jennifer Ruffcorn said.
“HHSC is moving 250 eligibility staff from other priority projects to focus on processing applications that request SNAP and another benefit,” Ruffcorn said in a statement. “Additionally, within the next five months, HHSC will be sending 600 of our newer staff to Medicaid training. This will also increase our capacity to process more SNAP and Medicaid combined applications.”
For those without food, even a month is a long time. Food banks had already felt a strain before the holidays approached.
“It's just a difficult time, it’s sort of a perfect storm,” said Celia Cole, CEO of the nonprofit Feeding Texas, earlier this fall. “Food banks are seeing higher demand. They're struggling to get food in and out the door, and it's costing more to do that.”
And for those without health insurance coverage, options remain limited, often to either stomach thousands of dollars in medical debt or turning to federally qualified health centers, which are required to provide medical care regardless of insurance.
“It’s tragic to think that children are missing their check ups or medications because their Medicaid application is collecting dust in a state office,” said Diana Forester, Director of Health Policy at Texans Care for Children, in a Thursday news release.
Some of the solutions the state has offered have been bleak. In a cheerfully-toned email from HHSC to its staffers obtained by Doggett’s office, leaders suggested employees participate in a "6 Days of Merry Service Challenge" where they would work overtime every day through either extending hours or coming in on a Saturday.
The email included a prize raffle for employees who worked more than 15 hours of overtime that week.
“There's other pathways besides asking an overworked staff to work more,” Pogue said of the email. “Of all the solutions to pick, that's just the last one on the list.”
Texas also has made limited use of an automated eligibility checking system, which uses previously submitted data like pay stubs as well as federally provided data about people’s work. Only 6% of Medicaid renewals came through the automated system, according to state numbers.
Throughout the process, advocates like Pogue made unheeded calls for a pause so HHSC staffers could catch up on backlogs before sending more eligible people to the back of the line.
Now that the state has gotten through most of its “cohorts” of trying to renew people — one million people’s coverage has renewed — advocates say the state has an opportunity to fix the system.
“Texas lawmakers can look forward to like, ‘What kind of system do we want? How hard should it be to get through the Medicaid renewal process? How do we staff our system to process paperwork?’ ” Pogue said. “It's no longer about how we're going to do unwinding. It's: ‘How are we going to run the Medicaid program?’ ”
Items from the article:
- health insurance
- Texas’ Health and Human Services Commission
- U.S. Rep. Lloyd Doggett, D-Austin
- U.S. Centers for Medicare and Medicaid Services
- Supplemental Nutrition Assistance Program
- U.S. Department of Agriculture
- Every Texan.
- Medicaid
- Feeding Texas
- Texans Care for Children
ACC Fiscal Analysis and Budget
Let's try to make sense of this.
It will help with our understanding of public finance as well as federalism.
I'll add more soon.
- Click here for the article.
Saturday, December 16, 2023
From the Houston Chronicle: What to know about Harris County's guaranteed income program
For our look at local governments and policies related to poverty. One of the innovations of the Great Society was to create policies that would allow the national government to directly assist local government in caring for the needs of poor people.
Some states - like Texas - have never liked such assistance and have pushed back against them.
- Click here for the article.
Harris County will start its guaranteed basic income program in 2024, while many counties and cities around the country experiment with similar concepts to provide financial relief for low-income families.
The $20.5 million Uplift Harris program is funded by the federal American Rescue Plan Act. It is unclear if the pilot program will continue once the one-time funding source runs out.
The application window will open in January. Here are a few things to know.
The pilot program will offer monthly payments of $500 to 1,928 low-income households in Harris County for 18 months. Members of the program are not allowed to use the payments for illegal activities, according to the program's website.
Members will receive their first payment before the end of April 2024 through a bank transfer or a reloadable debit card if selected. Most participants will get their first payment in March. The payments are tax-exempt.
Participants in the program will be chosen through a randomized lottery given their household meets the eligibility criteria. One applicant per household will be given the funds.
Members of the program must have household incomes below 200% of the federal poverty level. Individuals making less than $29,160 are eligible for the program, with the income level rising based on the number of members in the household. Families of three can make up to $49,720 and still be eligible.
Enrolled members must be at least 18 years old and live in one of 10 high-poverty ZIP codes: 77026, 77028, 77033, 77050, 77051, 77060,77081, 77091, 77093 and 77547.
Participants of Accessing Coordinated Care and Empowering Self Sufficiency Harris County are also eligible.
From KUT News: Texas power plants have no responsibility to provide electricity in emergencies, judges rule
Here is an example of the judiciary's power to interpret the law when a case is brought to it by people impacted by that law. It also raises questions about the consequences of partisan judicial elections.
For background:
- 2021 Texas power crisis.
- Texas Courts of Appeals.
- Texas First Court of Appeals.
- Legal Liability.
- Legal Immunity.
- Lawsuits.
- Wholesale Power Generators.
- Electricity Retailing.
- Deregulation of the Texas electricity market.
________
- Click here for the story.
Almost three years since the deadly Texas blackout of 2021, a panel of judges from the First Court of Appeals in Houston has ruled that big power companies cannot be held liable for failure to provide electricity during the crisis. The reason is Texas’ deregulated energy market.
In February of 2021, a massive cold front descended on Texas, bringing days of ice and snow. The weather increased energy demand and reduced supply by freezing up power generators and the state’s natural gas supply chain. This led to a blackout that left millions of Texans without energy for nearly a week.
The state has said almost 250 people died because of the winter storm and blackout, but some analysts call that a serious undercount.
Within days of the storm, Texans affected by the failure of the energy system began filing lawsuits. Some of those suits were brought against power generators whose plants had stopped working in the storm or had run out of fuel to generate electricity.
After years of legal process, a three-judge panel convened to decide on the merits of those lawsuits.
This week, Chief Justice Terry Adams issued the unanimous opinion of that panel that “Texas does not currently recognize a legal duty owed by wholesale power generators to retail customers to provide continuous electricity to the electric grid, and ultimately to the retail customers.”
The opinion states that big power generators “are now statutorily precluded by the legislature from having any direct relationship with retail customers of electricity.”
For GOVT 2306 IMF3: A little help for written assignment #1
I mentioned that I wanted you to look at Section 130 of the Texas Education Code. As you've certainly seen, its pretty lengthy. While you are free to focus on any part of it, this might be most helpful.
In order to make sense of it, you may want to learn about appropriations. What follows is a list of things public junior colleges - aka community colleges - must do in order to qualify for state revenue.
- Click here for info.
Sec. 130.003. STATE APPROPRIATION FOR PUBLIC JUNIOR COLLEGES.
(a) There shall be appropriated biennially from money in the state treasury not otherwise appropriated an amount sufficient to supplement local funds for the proper support, maintenance, operation, and improvement of those public junior colleges of Texas that meet the standards prescribed by this chapter. The sum shall be allocated in accordance with Chapter 130A.
(b) To be eligible for and to receive money appropriated under Subsection (a), a public junior college must certify to the coordinating board, in the manner prescribed by coordinating board rule, that the college:
(1) offers a minimum of 24 semester hours of vocational and/or terminal courses;
(2) collects, from each full-time and part-time student enrolled, tuition and other fees in the amounts required by law or in the amounts set by the governing board of the junior college district as authorized by this title;
(3) grants, when properly applied for, the scholarships and tuition exemptions provided for in this code;
(4) for a public junior college established on or after September 1, 1986, levies and collects ad valorem taxes as provided by law for the operation and maintenance of the college; and
(5) has complied with all laws and coordinating board rules for the establishment and operation of a public junior college.
(c) All funds allocated under the provisions of this code, with the exception of those necessary for paying the costs of audits as provided, shall be used exclusively for the purpose of paying salaries of the instructional and administrative forces of the several institutions and the purchase of supplies and materials for instructional purposes.
(d) Repealed by Acts 2023, 88th Leg., R.S., Ch. 378 (H.B. 8), Sec. 52, eff. September 1, 2023.
(e) The primary purpose of each public junior college shall be to provide:
(1) technical programs up to two years in length leading to associate degrees or certificates;
(2) vocational programs leading directly to employment in semi-skilled and skilled occupations;
(3) courses in the core curriculum or a field of study curriculum, as those terms are defined by Section 61.821;
(4) continuing adult education programs for occupational or cultural upgrading;
(5) compensatory education programs designed to fulfill the commitment of an admissions policy allowing the enrollment of disadvantaged students;
(6) a continuing program of counseling and guidance designed to assist students in achieving their individual educational goals;
(7) work force development programs designed to meet local and statewide needs;
(8) adult literacy and other basic skills programs for adults; and
(9) such other purposes as may be prescribed by the coordinating board or local governing boards in the best interest of post-secondary education in this state.
In order to make sense of it, you may want to learn about appropriations. What follows is a list of things public junior colleges - aka community colleges - must do in order to qualify for state revenue.
- Click here for info.
Sec. 130.003. STATE APPROPRIATION FOR PUBLIC JUNIOR COLLEGES.
(a) There shall be appropriated biennially from money in the state treasury not otherwise appropriated an amount sufficient to supplement local funds for the proper support, maintenance, operation, and improvement of those public junior colleges of Texas that meet the standards prescribed by this chapter. The sum shall be allocated in accordance with Chapter 130A.
(b) To be eligible for and to receive money appropriated under Subsection (a), a public junior college must certify to the coordinating board, in the manner prescribed by coordinating board rule, that the college:
(1) offers a minimum of 24 semester hours of vocational and/or terminal courses;
(2) collects, from each full-time and part-time student enrolled, tuition and other fees in the amounts required by law or in the amounts set by the governing board of the junior college district as authorized by this title;
(3) grants, when properly applied for, the scholarships and tuition exemptions provided for in this code;
(4) for a public junior college established on or after September 1, 1986, levies and collects ad valorem taxes as provided by law for the operation and maintenance of the college; and
(5) has complied with all laws and coordinating board rules for the establishment and operation of a public junior college.
(c) All funds allocated under the provisions of this code, with the exception of those necessary for paying the costs of audits as provided, shall be used exclusively for the purpose of paying salaries of the instructional and administrative forces of the several institutions and the purchase of supplies and materials for instructional purposes.
(d) Repealed by Acts 2023, 88th Leg., R.S., Ch. 378 (H.B. 8), Sec. 52, eff. September 1, 2023.
(e) The primary purpose of each public junior college shall be to provide:
(1) technical programs up to two years in length leading to associate degrees or certificates;
(2) vocational programs leading directly to employment in semi-skilled and skilled occupations;
(3) courses in the core curriculum or a field of study curriculum, as those terms are defined by Section 61.821;
(4) continuing adult education programs for occupational or cultural upgrading;
(5) compensatory education programs designed to fulfill the commitment of an admissions policy allowing the enrollment of disadvantaged students;
(6) a continuing program of counseling and guidance designed to assist students in achieving their individual educational goals;
(7) work force development programs designed to meet local and statewide needs;
(8) adult literacy and other basic skills programs for adults; and
(9) such other purposes as may be prescribed by the coordinating board or local governing boards in the best interest of post-secondary education in this state.
ACC is having an election!
Wanna run?
Are you qualified?
Do you have fire in the belly?
- Click here for the notice.
Friday, December 15, 2023
What Laws Apply to Community Colleges?
Two Sources:
- TASB: What Laws Apply to Community Colleges?
- TASB: Federal and State Resources.
From ACC: Student Rights and Responsibilities: Student Expression and Use of College Facilities
You might find this informative. What are the extent of your rights to free speech and expression on ACC's campus?
This is contained in ACC's Board Policy Manual and contains links to material we cover in our discussion of civil liberties. It also demonstrates how ACC's policies are impacted by U.S. Supreme Court decisions, as well as state and federal law.
- Click here for it.
Here's a look at the material relevant to determining what type of forum ACC provides. This is important for determining what kinds of speech protections apply, and what types don't. You should consider this whenever you are in a public space. These rules don't apply to private spaces, but that's a different issue.
First Amendment
A governmental entity, including a college district, shall take no action respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the board for a redress of grievances. U.S. Const. Amend. I, XIVForum Analysis
Traditional Public Forum
A "traditional public forum" includes locations, such as sidewalks and parks, where members of the public have historically been permitted to gather and speak on any topic. Cornelius v. NAACP Legal Def. & Educ. Fund, Inc., 473 U.S. 788 (1985). An institution's property is not a traditional public forum, with the exception of sidewalks, streets, and parks that are indistinguishable from surrounding city property. Widmar v. Vincent, 454 U.S. 263 (1981); Brister v. Faulkner, 214 F.3d 675 (2000)
If an institution's property is deemed a traditional public forum, the entity may exclude particular content if that entity can assert a compelling governmental interest that is narrowly tailored to address that interest, a standard referred to as the "strict scrutiny" standard. The institution can also enforce viewpoint-neutral time, place, and manner restrictions to meet a compelling governmental interest if a sufficient number of alternative communication channels are available. Perry Educ. Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37 (1983)
Designated Public Forum
A "designated public forum" is a forum that a college or university intentionally opens to the general public to discuss matters of public concern. Cornelius v. NAACP Legal Def. and Educ. Fund, Inc., 473 U.S. 788 (1985). Once designated, an institution may enforce reasonable time, place, and manner restrictions. Widmar v. Vincent, 454 U.S. 263 (1981). Any content limitations are subject to the strict scrutiny standard described above. Chiu v. Plano Indep. School Dist., 260 F.3d 330 (5th Cir. 2001)
Limited Public Forum
A "limited public forum" is a forum that an institution opens to a particular group of speakers or for discussion regarding a particular topic. Christian Legal Society v. Martinez, 130 S.Ct. 2971 (2010); Rosenberger v. Rector & Visitors of Univ. of Va., 515 U.S. 819 (1995). Within a limited public forum, limits on expression must be viewpoint-neutral and reasonable in light of the purpose of the forum. The government may impose reasonable time, place, and manner restrictions, as long as these restrictions do not relate to the content of the expression. Cornelius v. NAACP Legal Def. and Educ. Fund, Inc., 473 U.S. 788 (1985)
To distinguish between a designated public forum and a limited public forum, courts consider two factors: (1) the intent of the institution regarding the forum, and (2) the forum's nature and compatibility with particular speech. Justice for All v. Faulkner, 410 F.3d 760 (5th Cir. 2005); Chiu v. Plano Indep. School Dist., 260 F.3d 330 (5th Cir. 2001)
Nonpublic Forum
If an institution has not opened a public forum, it remains a "nonpublic forum." Although limits on expression must be reasonable and viewpoint neutral even within a nonpublic forum, an institution will have greater discretion to control the content of speech within such a forum. Cornelius v. NAACP Legal Def. and Educ. Fund, Inc., 473 U.S. 788 (1985)
Time, Place, and Manner Restrictions
The mere dissemination of ideas on the campus of an institution of higher education may not be restricted on the basis of conventions of decency, regardless of how offensive those ideas are to good taste. However, an institution has the authority to enforce reasonable regulations as to the time, place, and manner of speech and its dissemination. Papish v. Bd. of Curators, 410 U.S. 667 (1973); Healy v. James, 408 U.S. 169 (1972)
Candidate filing period for 2024 primaries ends.
December 11 was the last day for candidates to file for the March Democratic and Republican Primaries.
Here are related stories:
- Texas SOS: Offices up for Election.
- Ballotpedia: Presidential election in Texas, 2024.
- Community Impact: Here are the 33 candidates running for statewide offices in 2024.
Thursday, December 14, 2023
For GOVT 2306 IMF3: A few links to state and federal laws mentioned in ACC's syllabus
Current Students:
- Student Accessibility Services:
- - Americans with Disabilities Act of 1990.
- - ADA Amendments Act of 2008.
- - Section 504 of the Rehabilitation Act of 1973.
- Financial Aid Services:
- - Free Application for Federal Student Aid.
- - Reauthorization of the Higher Education Act of 1965, Title IV.
- - Pell Grant.
- - Supplemental Educational Opportunity Grant (SEOG).
- - Texas Public Education Grant (TPEG)
- - Texas Educational Opportunity Grant (TEOG)
- - Federal Direct Subsidized Loan.
- - Federal Direct Unsubsidized Loan.
- - Federal Parent Loan (PLUS).
- - Federal Work Study/Texas Work Study.
- - G.I. Bill
- - Texas Workforce Commission
- - Foster Care to College.
- Dual Enrollment.
- - Core Curriculum.
- - SB 1107: Bacterial Meningitis Vaccination.
- - Family Educational Rights and Privacy Act (FERPA)
- Human Resources.
- - Teacher Retirement System of Texas (TRS)
- - Optional Retirement Program (ORP)
- - ERS Tobacco Policy and Certification
- - ACC Board Policy Manual
- - ACC Administrative Procedures Manual
- Student Accessibility Services:
- - Americans with Disabilities Act of 1990.
- - ADA Amendments Act of 2008.
- - Section 504 of the Rehabilitation Act of 1973.
- Financial Aid Services:
- - Free Application for Federal Student Aid.
- - Reauthorization of the Higher Education Act of 1965, Title IV.
- - Pell Grant.
- - Supplemental Educational Opportunity Grant (SEOG).
- - Texas Public Education Grant (TPEG)
- - Texas Educational Opportunity Grant (TEOG)
- - Federal Direct Subsidized Loan.
- - Federal Direct Unsubsidized Loan.
- - Federal Parent Loan (PLUS).
- - Federal Work Study/Texas Work Study.
- - G.I. Bill
- - Texas Workforce Commission
- - Foster Care to College.
- Dual Enrollment.
- - Core Curriculum.
- - SB 1107: Bacterial Meningitis Vaccination.
- - Family Educational Rights and Privacy Act (FERPA)
- Human Resources.
- - Teacher Retirement System of Texas (TRS)
- - Optional Retirement Program (ORP)
- - ERS Tobacco Policy and Certification
- - ACC Board Policy Manual
- - ACC Administrative Procedures Manual
A few posts related to the formation of communist colleges in Texas
- Community Colleges in America: A Historical Perspective.
- TSHA: Junior-College Movement.
- TSHA: Alvin Community College.
- Wikipedia: Alvin Community College.
- Texas Association of Community Colleges: History.
- History of Texarkana College.
Random posts regarding turnout.
Compare this info with what you see in your textbooks.
- Voter Turnout Tops 14 Percent in Constitutional Amendment Election.
- Texas Voters Turn Out for Public Schools in 2023 Elections.
- Nearly 18% of registered Texas voters cast 2022 primary ballots.
- Voter turnout and registration in Texas.
- Primary Voters Set Records for Turnout, Not Turning Out.
- The primary problem with Texas elections.
From The Texas Tribune: These rural Texans opted out of a degree. The community college down the street wants them back.
You might find this interesting, and possibly relate to it.
College education - including community college - isn't for everyone. Sometimes however a local economy doesn't provide reasonable opportunities without a degree of some sort. This includes stories to that effect.
It also points out how community colleges themselves are key parts in a local economy. ACC, along with Walmart, are the major employers in Alvin. Lots of state and federal funds are brought into the local economy through this institution.
- Click here for it.
Wednesday, December 13, 2023
From the Houston Chronicle: Easing into reelection
The 2024 general election is still almost ten months from now, but we already have some winners.
Those are the candidates for the U.S. Congress and the Texas Legislature who will run unopposed in their party primary, and will not have a major party opponent in the general election. This means they won simply by filing the necessary paperwork.
One might argue that this is bad for democracy, but it can also allow a incumbents - who seem supported by their constituents - to focus on their jobs as representatives rather than get distracted with the politics surrounding elections.
Take your pick.
- Click here for the story.
Without a single vote cast, U.S. Rep. Joaquin Castro is all but assured of another two-year term in Congress.
Castro’s 20th Congressional District is heavily Democratic, but he’s only had a primary opponent once in his career and won that race with 92 percent of the vote. When he has been challenged by Republicans or minor party candidates, he’s never won less than 64 percent of the vote in cruising to victory.
But Castro said with or without challengers, he's not quite mailing it in. He said he plans to campaign to make sure people know what he's been working on and make sure he's listening to what voters have to say.
He’s not alone. Houston Democrat Al Green for the ninth time in ten elections has no primary challenger in the heavily Democratic 9th Congressional District. And while he has drawn token opposition in past general elections, he’s always won at least 72 percent of the vote in each race.
Other members of Congress with no Republican or Democratic opponents for 2024: U.S. Reps Nathan Moran, R-Tyler; August Pfluger, R-San Angelo; and Ronny Jackson, R-Amarillo.
I'll assemble a full list of unopposed candidates soon.
Tuesday, December 12, 2023
Sunday, December 10, 2023
The 1000 word essay for GOVT 2306 IMF3
This is going to be an odd assignment, more like a scavenger hunt. It will line up with the written assignments you have as well.
I'm hoping that this will interest you.
Alvin Community College, as you may or may not know, is a single purpose government. These are also known as special districts. The same holds true for independent school districts, municipal utility districts, drainage districts, hospital districts, and many more. We have been created by the state of Texas to implement state laws regarding higher education. They have given us the power to collect property taxes and issue bonds.
A reasonable amount of ACC's revenue comes from the state of Texas and the national government. These are for defined purposes. We can't just spend them on anything we want. We are accountable for the expenditures, and must report what we do with it.
But there are strings attached, and I want you to investigate them.
As you have probably noted, much of what you see on the ACC website refers to HB this and SB that. In addition you've likely seen mention of national legislation regarding hiring practices, student speech rights and responsibilities, and campus, safety. The national government mandates that we not only provide reasonable accommodations to students who need it, but make sure students know this. That's why you will see such language on your syllabus. Look for it.
If we don't do so, we risk losing federal funds.
So here is what I want you to do:
I want you to pour through the ACC website and find at least ten mentions of where state or national law is mentioned and what the purpose of the law is. Why was it passed? How is ACC implementing it? What controversies exist - if any - about the mandates?
That's all I want to say about this now. We can discuss online over the course of this brief semester. I'm sure you have question, let me know what they are. I'll give you a few hints about where to go, but you should start by digging through the website.
I'm hoping that this will interest you.
Alvin Community College, as you may or may not know, is a single purpose government. These are also known as special districts. The same holds true for independent school districts, municipal utility districts, drainage districts, hospital districts, and many more. We have been created by the state of Texas to implement state laws regarding higher education. They have given us the power to collect property taxes and issue bonds.
A reasonable amount of ACC's revenue comes from the state of Texas and the national government. These are for defined purposes. We can't just spend them on anything we want. We are accountable for the expenditures, and must report what we do with it.
But there are strings attached, and I want you to investigate them.
As you have probably noted, much of what you see on the ACC website refers to HB this and SB that. In addition you've likely seen mention of national legislation regarding hiring practices, student speech rights and responsibilities, and campus, safety. The national government mandates that we not only provide reasonable accommodations to students who need it, but make sure students know this. That's why you will see such language on your syllabus. Look for it.
If we don't do so, we risk losing federal funds.
So here is what I want you to do:
I want you to pour through the ACC website and find at least ten mentions of where state or national law is mentioned and what the purpose of the law is. Why was it passed? How is ACC implementing it? What controversies exist - if any - about the mandates?
That's all I want to say about this now. We can discuss online over the course of this brief semester. I'm sure you have question, let me know what they are. I'll give you a few hints about where to go, but you should start by digging through the website.
Thursday, December 7, 2023
Wednesday, December 6, 2023
Areas of confusion from GOVT 2305 - MHS1
From Written Assignment #12
I narrowed these topics down, since some have been addressed elsewhere.
Reserved Powers
- The term comes from the 10th Amendment. It refers to the powers that the states continue to have under the new U.S. Constitution. It does not list these powers (not a good idea). Instead, it says that as long as the U.S. Constitution does not prohibit the states from doing something, they can do it.
- 10th Amendment.
- Reserved Powers.
- Prohibited Powers.
Political Cultures
- The concept refers to what people expect a government to do, or not to do. Daniel Elazar argues that there are three distinct types – he calls these the moralistic, individualistic, and traditionalistic. While each is present in all areas of the country, each area tends to be dominated by one or two. The individualistic and traditionalistic dominate Texas. He argues that much of the conflict we see within the United States can be understood as conflict between people who ascribe to one of these types. I think he has a point.
- Political Culture.
- State Political Culture.
Government Shutdown
- This has been in the news recently. It is only happening because some political forces refuse to pass the appropriations bill that will fund the national government for fiscal year 2024 – which began this past October 1. Money cannot be drawn from the U.S. Treasury unless an appropriation has been made – by Congress – for it. This is in the Constitution. Members of Congress have agreed to pass short term laws allowing the appropriations passed last year to continue, but these have to be renewed. Refusing to pass the current appropriations bill is a political maneuver designed to force a compromise on another issue. Example: I’m not going to grandma’s for Christmas unless I can bring my boy or girlfriend.
- Government shutdowns in the United States.
lack of transparency with the public
- Much of what governments do is done in secret. Not everything. Trials must be open to the public so they can be overseen. Other things, depending on what, are not only kept secret from the public, but from other government agencies. Think about covert activities run by the CIA. The same is true of individual activity – like how people run campaigns, decisions to run for reelection. Laws have been passed mandating public disclosure of information of citizens file for it. One of the specific functions of the press is to investigate government activities and publicize them. Sometimes however, this can get them in serious trouble. I’m not sure what else to say about this except that it happens, and is one of the things an educated and literate public is supposed to watch out for.
- Open Government.
- Secrecy.
the process of the electoral college choosing the president despite voters choosing . . .
- Each branch of the national government was originally given its own unique connection with the general public. The House was directly elected. The Senate was selected by the state legislatures. Judges were appointed by the president but subject to approval by the Senate. The president is selected by electors, who are themselves elected by the general public, because it is a different process. The assumption is that people selected by each of these methods are less likely to group together. The use of presidential electors is meant to help maintain the separated powers. The specific process is up to each state – that is laid out in the U.S. Constitution. All they have to do is send a batch of votes for the president to the Senate on the appropriate day after each presidential election so they can be counted officially. Texas chooses its presidential electors by allowing each party to nominate potential presidential electors. The state will accept the slate of electors nominated by the party whose presidential candidate gets the most votes.
- United States Electoral College.
- Electoral College members from Texas, 2020.
What exactly the speaker of the (U.S.) house does
- There is no specific job description for the United States Speaker of the House. The House of Representatives can pass its own rules, and these state that the speaker is the presiding officer when the entire House meets – this means the speaker has no control over the meeting committees and sub-committees. As time has passed and parties in Congress have developed and gained in strength, the speaker has emerged as the majority party’s leader and uses the powers of the presiding officer to ensure that the party’s agenda is passed into law.
- The Speaker of the House’s Constitutional Role.
How easy is it to run for president?
- Not very, at least is you want to win. If so, you should have an organization in each of the 50 states. They have to be funded and effectively organized, which means that a candidate has to tap into the pre-existing political networks across the nation. Effective information has to be gathered – generally through polling (something that is generally not shared) and media strategies have to be developed and implemented. And one has to make and maintain the proper friendships and political connections. This is just a superficial list. It ain’t easy, and it ain’t for everyone. Plus: You have to enjoy living in the spotlight.
- How To Become President Of The United States Poster.
I'm very confused on the way a court is run.
- This depends on whether we’re talking about a trial or an appellate court. I’ll stick to a trial court. Keep in mind that a court is a setting where two sides to a legal dispute can make their case before a jury. In a criminal case, the prosecutor (who works for the executive branch) brings a charge against a defendant (who has a constitutional right to be represented by an attorney). This process is overseen by a judge who must ensure that the trial in conducted in a manner that does not violate a defendant’s due process rights – specifically those contained in the 6th Amendment to the U.S. Constitution. There’s much more to say, but this should give you a short digestible description.
- DOJ: STEPS IN THE FEDERAL CRIMINAL PROCESS - Trial.
I narrowed these topics down, since some have been addressed elsewhere.
Reserved Powers
- The term comes from the 10th Amendment. It refers to the powers that the states continue to have under the new U.S. Constitution. It does not list these powers (not a good idea). Instead, it says that as long as the U.S. Constitution does not prohibit the states from doing something, they can do it.
- 10th Amendment.
- Reserved Powers.
- Prohibited Powers.
Political Cultures
- The concept refers to what people expect a government to do, or not to do. Daniel Elazar argues that there are three distinct types – he calls these the moralistic, individualistic, and traditionalistic. While each is present in all areas of the country, each area tends to be dominated by one or two. The individualistic and traditionalistic dominate Texas. He argues that much of the conflict we see within the United States can be understood as conflict between people who ascribe to one of these types. I think he has a point.
- Political Culture.
- State Political Culture.
Government Shutdown
- This has been in the news recently. It is only happening because some political forces refuse to pass the appropriations bill that will fund the national government for fiscal year 2024 – which began this past October 1. Money cannot be drawn from the U.S. Treasury unless an appropriation has been made – by Congress – for it. This is in the Constitution. Members of Congress have agreed to pass short term laws allowing the appropriations passed last year to continue, but these have to be renewed. Refusing to pass the current appropriations bill is a political maneuver designed to force a compromise on another issue. Example: I’m not going to grandma’s for Christmas unless I can bring my boy or girlfriend.
- Government shutdowns in the United States.
lack of transparency with the public
- Much of what governments do is done in secret. Not everything. Trials must be open to the public so they can be overseen. Other things, depending on what, are not only kept secret from the public, but from other government agencies. Think about covert activities run by the CIA. The same is true of individual activity – like how people run campaigns, decisions to run for reelection. Laws have been passed mandating public disclosure of information of citizens file for it. One of the specific functions of the press is to investigate government activities and publicize them. Sometimes however, this can get them in serious trouble. I’m not sure what else to say about this except that it happens, and is one of the things an educated and literate public is supposed to watch out for.
- Open Government.
- Secrecy.
the process of the electoral college choosing the president despite voters choosing . . .
- Each branch of the national government was originally given its own unique connection with the general public. The House was directly elected. The Senate was selected by the state legislatures. Judges were appointed by the president but subject to approval by the Senate. The president is selected by electors, who are themselves elected by the general public, because it is a different process. The assumption is that people selected by each of these methods are less likely to group together. The use of presidential electors is meant to help maintain the separated powers. The specific process is up to each state – that is laid out in the U.S. Constitution. All they have to do is send a batch of votes for the president to the Senate on the appropriate day after each presidential election so they can be counted officially. Texas chooses its presidential electors by allowing each party to nominate potential presidential electors. The state will accept the slate of electors nominated by the party whose presidential candidate gets the most votes.
- United States Electoral College.
- Electoral College members from Texas, 2020.
What exactly the speaker of the (U.S.) house does
- There is no specific job description for the United States Speaker of the House. The House of Representatives can pass its own rules, and these state that the speaker is the presiding officer when the entire House meets – this means the speaker has no control over the meeting committees and sub-committees. As time has passed and parties in Congress have developed and gained in strength, the speaker has emerged as the majority party’s leader and uses the powers of the presiding officer to ensure that the party’s agenda is passed into law.
- The Speaker of the House’s Constitutional Role.
How easy is it to run for president?
- Not very, at least is you want to win. If so, you should have an organization in each of the 50 states. They have to be funded and effectively organized, which means that a candidate has to tap into the pre-existing political networks across the nation. Effective information has to be gathered – generally through polling (something that is generally not shared) and media strategies have to be developed and implemented. And one has to make and maintain the proper friendships and political connections. This is just a superficial list. It ain’t easy, and it ain’t for everyone. Plus: You have to enjoy living in the spotlight.
- How To Become President Of The United States Poster.
I'm very confused on the way a court is run.
- This depends on whether we’re talking about a trial or an appellate court. I’ll stick to a trial court. Keep in mind that a court is a setting where two sides to a legal dispute can make their case before a jury. In a criminal case, the prosecutor (who works for the executive branch) brings a charge against a defendant (who has a constitutional right to be represented by an attorney). This process is overseen by a judge who must ensure that the trial in conducted in a manner that does not violate a defendant’s due process rights – specifically those contained in the 6th Amendment to the U.S. Constitution. There’s much more to say, but this should give you a short digestible description.
- DOJ: STEPS IN THE FEDERAL CRIMINAL PROCESS - Trial.
Tuesday, December 5, 2023
Monday, December 4, 2023
Review Questions: The Bureaucracy
I received many questions about the bureaucracy.
Here is a breakdown, and its only from one class:
- state agencies
- day-to-day function
- the jobs the bureaucracy performs
- heads of the departments are not elected by the populous.
- local and state bureaucracy
- power of bureaucracy confusing.
- complicated and hierarchical structures
- how it makes decisions.
- bureaucrats' discretionary power
- Texas bureaucracy
The most important thing to remember is that the bureaucracy actually enforces the laws. I am part of the bureaucracy - a street level bureaucrat. My job is to implement state laws regarding the government requirement created by the state of Texas, specifically the Texas Higher Education Coordinating Board under the authority granted it by the Texas Legislature, which itself acted under the authority granted it by the Texas Constitution.
Most people who work for a government, work for a bureaucracy of some type. Cops, first responders, teachers, city inspectors, border patrol, air traffic controllers, the military, and medical personnel among many others. The total number on the three levels of government is above 20 million. Well above. You may well find yourself one day to be a member of a bureaucracy implementing the law.
If you do - think of me. :)
Yes, the members of the bureaucracy are not elected. Some people argue that this is a bad thing, I don't agree. Are you anxious to show up for an election for the people who are going to work for a water purification plant, or would you rather delegate that to a mayor who you can then hold collectively responsible for the performance of city workers? You're free to decide on your own, but I'm all for delegation.
What jobs do they do? Whatever jobs are created by the government they work for.
- The US bureaucracy implements federal laws
- The Texas bureaucracy implements state laws
- Local bureaucracies are tricky. Many enforce state laws as well - most do actually. These laws are often adjusted to local circumstances. Municipal bureaucracies - cities - also enforce laws passed by the city government.
How do people get these jobs? They apply through the civil service process. The purpose is to depoliticize the bureaucracy so it can't be used for political purposes.
The power of the bureaucracy can certainly be confusing. They have discretionary authority in how they interpret the law, but not without limits. Discretion can be used to determine whether it is appropriate to provide exceptions in certain cases - like when a students forgets to take test 4. But this can also lead to favoritism. The inconsistent application of the law can also undermine the effectiveness of the law as well. Since the bureaucracy implements laws passed by the legislature, legislators can get upset when laws are not implemented as intended. Bureaucrats can consequently end up as punching bags.
While hierarchical arrangements can be confusing, to some degree it should make things easier because the hierarchical structure should define job descriptions and the chain of command. That's the intent anyway.
I hope this brief sketch addresses lingering questions. Email me if you need clarification, but remember that your textbook is probably your most reliable resource right now.
Review Questions: Constitutions and the Plural Executive
These are two questions from Question #12. I'm providing some basic, brief answers. Email me questions if you need more. And be sure to consult your textbook.
What is a Constitution?
- A constitution is the basic law for a sovereign nation. It varies depending upon the type of government it creates.
- It outlines the basis of governing authority. The US and Texas Constitutions are based on the authority of the people. That's what the phrase "ordained and established by the people" means.
- It outlines the structure of government. The US and Texas Constitutions separate the powers of government (the power to pass, execute, and adjudicate the law) by vesting them in three separate institutions. The separation is reinforced by a system of checks and balances which allows each institution to push back against the other two.
- It clarifies what types of powers the government has, as well as the limits of its powers.
- It clarifies the relationship it has with other levels of government.
- It determines who can participate in government, and what basic rights people have.
What is the plural executive system?
- The Texas Constitution creates a governing system with design features limits on what it can accomplish. This is a practical way to restrict the power of government. That is the purpose of the plural executive. Instead of having one official atop the executive branch, power is split between a half dozen. Each is elected separately, and has no power over the others. The only exception to this rule is the Texas Secretary of State. Look up Section 4 of the Texas Constitution for legal detail. Contrast this with the office of the president on the national level. That is a unitary office with the power to appoint all the other executive officers. This allows for
- The powers of the other two branches in Texas are also designed to be weak - or at least weaker than their national counterparts.
- The Texas Legislature only meets 140 days a year in special session. This gives it little time to develop and pass legislation. It can only be called back into special session if the governor wants to, then it is restricted to what the governor wants then to focus on. The United States Congress can meet continually for their two years sessions. The president has no power over their schedule.
- The Texas Judiciary is composed of judges voted in partisan elections for 4 or 6 year terms. This allows the general population - notably people who vote in primary elections - to control the behavior of judges. Federal courts are composed of judges who are nominated by the president, confirmed by the Senate, and then serve for life. This grants them autonomy - which translates into power.
What is a Constitution?
- A constitution is the basic law for a sovereign nation. It varies depending upon the type of government it creates.
- It outlines the basis of governing authority. The US and Texas Constitutions are based on the authority of the people. That's what the phrase "ordained and established by the people" means.
- It outlines the structure of government. The US and Texas Constitutions separate the powers of government (the power to pass, execute, and adjudicate the law) by vesting them in three separate institutions. The separation is reinforced by a system of checks and balances which allows each institution to push back against the other two.
- It clarifies what types of powers the government has, as well as the limits of its powers.
- It clarifies the relationship it has with other levels of government.
- It determines who can participate in government, and what basic rights people have.
What is the plural executive system?
- The Texas Constitution creates a governing system with design features limits on what it can accomplish. This is a practical way to restrict the power of government. That is the purpose of the plural executive. Instead of having one official atop the executive branch, power is split between a half dozen. Each is elected separately, and has no power over the others. The only exception to this rule is the Texas Secretary of State. Look up Section 4 of the Texas Constitution for legal detail. Contrast this with the office of the president on the national level. That is a unitary office with the power to appoint all the other executive officers. This allows for
- The powers of the other two branches in Texas are also designed to be weak - or at least weaker than their national counterparts.
- The Texas Legislature only meets 140 days a year in special session. This gives it little time to develop and pass legislation. It can only be called back into special session if the governor wants to, then it is restricted to what the governor wants then to focus on. The United States Congress can meet continually for their two years sessions. The president has no power over their schedule.
- The Texas Judiciary is composed of judges voted in partisan elections for 4 or 6 year terms. This allows the general population - notably people who vote in primary elections - to control the behavior of judges. Federal courts are composed of judges who are nominated by the president, confirmed by the Senate, and then serve for life. This grants them autonomy - which translates into power.
Saturday, December 2, 2023
Friday, December 1, 2023
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