Congress Passes HEA Reauthorization!

Guest Post from: Heather Valentine
Council for Opportunity in Education

On July 31, 2008, both chambers of Congress passed the Higher Education Opportunity Act by overwhelming majorities. Specifically, the bill passed by a vote of 380-49 in the House and a vote of 83-8 in the Senate. As the legislation heads to President Bush's desk for signature, the recently released statement of Education Secretary Margaret Spellings gives COE strong hope that he will, in fact, sign the bill into law.

This legislation reauthorized the Higher Education Act of 1965 for the first time in 10 years and included numerous provisions that enhance TRIO programs. Specifically, this legislation:

• extends all TRIO grants from four to five years;
• increases the minimum TRIO grant to $200,000;
• allows branch campuses to apply for TRIO grants;
• creates an appeals process for unsuccessful TRIO grant applicants;
• kills the Upward Bound Absolute Priority, including the double-recruitment evaluation
• and ensures that any future evaluation of TRIO programs protects the integrity of students and institutions by disallowing over-recruitment and denial of services for the purposes of an evaluation and requiring the consideration of institutional review boards and the burdens placed on TRIO program participants and grantees;

It also allows TRIO grantees to target student populations with particular needs, including:

• students with limited English proficiency
• disabled students
• homeless and foster youth
• "disconnected youth" (i.e., teen parents and students who have been involved in the criminal justice system)

It also expands eligibility for Veterans Upward Bound to include:

• older veterans who served before January 31, 1955
• federal reservists who served for more than 30 days
• federal reservists called to action on or after September 11, 2001

In addition to changes that benefit TRIO, the legislation also:

• creates a simplified, 2-page Free Application for Federal Student Aid (FAFSA) application form;
• allows students to receive Pell Grants year-round;
• expands eligibility for the Academic Competitiveness and National SMART grant programs; and
• creates greater educational access for servicemen and women and their families through deferred and interest-free loans.

These are only some of the enhancements created by this bill that will benefit American students in pursuit of higher education. Please be sure to thank your Member of Congress for their support for this important piece of legislation. For your convenience, we have drafted a sample thank you letter here.

Thank you all for your tremendous efforts in achieving this great victory for all TRIO students!

Tech Tags: Higher+Education Higher+Education+Opportunity+Act TRIO Upward+Bound

US House of Representatives passes legislation apologizing for slavery and Jim Crow "Separate but Equal" eras

On Tuesday, July 29 2008 the United States House of Representatives passed, by a unanimous vote, H. Res. 194, a resolution which formally apologized for the enslavement and racial segregation of African Americans. This resolution was significant for several reasons, including the fact that it addressed not only slavery but the "separate but equal" Jim Crow era as well.

This legislation is an important first step in recognizing a very important aspect of American's history and recommitting ourselves to bringing about an end to the disparities and injustices that continue to plague our Nation as a result of the dehumanization of an entire race. In passing this resolution, the House of Representatives has sent a message to all of the American people and others that the most powerful nation in the world is willing to look honestly at some of the most shameful parts of its history, accept responsibility, and apologize for its actions.

The NAACP Washington Bureau has been in negotiations with Senator Tom Harkin (Iowa) to author a companion resolution in the Senate; we are hoping it will be introduced in the near future. The NAACP also strongly supports H.R. 40, legislation introduced by Congressman John Conyers (MI) to take the next step toward healing our Nation by addressing and seeking remedy for the lingering effects if this deplorable institution.

The full text of the resolution follows:

Apologizing for the enslavement and racial segregation of African-Americans.

Whereas millions of Africans and their descendants were enslaved in the United States and the 13 American colonies from 1619 through 1865;

Whereas slavery in America resembled no other form of involuntary servitude known in history, as Africans were captured and sold at auction like inanimate objects or animals;

Whereas Africans forced into slavery were brutalized, humiliated, dehumanized, and subjected to the indignity of being stripped of their names and heritage;

Whereas enslaved families were torn apart after having been sold separately from one another;

Whereas the system of slavery and the visceral racism against persons of African descent upon which it depended became entrenched in the Nation's social fabric;

Whereas slavery was not officially abolished until the passage of the 13th Amendment to the United States Constitution in 1865 after the end of the Civil War, which was fought over the slavery issue;

Whereas after emancipation from 246 years of slavery, African-Americans soon saw the fleeting political, social, and economic gains they made during Reconstruction eviscerated by virulent racism, lynchings, disenfranchisement, Black Codes, and racial segregation laws that imposed a rigid system of officially sanctioned racial segregation in virtually all areas of life;

Whereas the system of de jure racial segregation known as `Jim Crow,' which arose in certain parts of the Nation following the Civil War to create separate and unequal societies for whites and African-Americans, was a direct result of the racism against persons of African descent engendered by slavery;

Whereas the system of Jim Crow laws officially existed into the 1960's--a century after the official end of slavery in America--until Congress took action to end it, but the vestiges of Jim Crow continue to this day;

Whereas African-Americans continue to suffer from the consequences of slavery and Jim Crow--long after both systems were formally abolished--through enormous damage and loss, both tangible and intangible, including the loss of human dignity and liberty, the frustration of careers and professional lives, and the long-term loss of income and opportunity;

Whereas the story of the enslavement and de jure segregation of African-Americans and the dehumanizing atrocities committed against them should not be purged from or minimized in the telling of American history;

Whereas on July 8, 2003, during a trip to Goree Island, Senegal, a former slave port, President George W. Bush acknowledged slavery's continuing legacy in American life and the need to confront that legacy when he stated that slavery `was . . . one of the greatest crimes of history . . . The racial bigotry fed by slavery did not end with slavery or with segregation. And many of the issues that still trouble America have roots in the bitter experience of other times. But however long the journey, our destiny is set: liberty and justice for all.';

Whereas President Bill Clinton also acknowledged the deep-seated problems caused by the continuing legacy of racism against African-Americans that began with slavery when he initiated a national dialogue about race;

Whereas a genuine apology is an important and necessary first step in the process of racial reconciliation;

Whereas an apology for centuries of brutal dehumanization and injustices cannot erase the past, but confession of the wrongs committed can speed racial healing and reconciliation and help Americans confront the ghosts of their past;

Whereas the legislature of the Commonwealth of Virginia has recently taken the lead in adopting a resolution officially expressing appropriate remorse for slavery and other State legislatures are considering similar resolutions; and

Whereas it is important for this country, which legally recognized slavery through its Constitution and its laws, to make a formal apology for slavery and for its successor, Jim Crow, so that it can move forward and seek reconciliation, justice, and harmony for all of its citizens:

Now, therefore, be it Resolved, That the House of Representatives--

(1) acknowledges the fundamental injustice, cruelty, brutality, and inhumanity of slavery and Jim Crow;

(2) apologizes to African-Americans on behalf of the people of the United States, for the wrongs committed against them and their ancestors who suffered under slavery and Jim Crow; and

(3) expresses its commitment to rectify the lingering consequences of the misdeeds committed against African-Americans under slavery and Jim Crow and to stop the occurrence of human rights violations in the future."
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What do YOU think? 'Long Overdue'?... Nice but insufficient?... Unnecessary?... Irrelevant?... Click the "Comments" button below and share your thoughts?

Tech Tags: Slavery+apology, House+of+Representatives NAACP HR40

Crucial NAACP-supported House Foreclosure Relief Bill passes the House; Senate to act by Saturday July 26th

ISSUE UPDATE
DATE: July 25, 2008
TO: Concerned Parties
FROM: Hilary O. Shelton, Director, Washington Bureau

OMNIBUS BILL WOULD PROVIDE $300 BILLION TO HELP AVOID FORECLOSURES, ESTABLISH A TRUST FUND TO PROVIDE LOW-INCOME HOUSING, PROVIDE $4 BILLION TO STATES & LOCALITIES TO DEAL WITH FORECLOSED PROPERTIES

THE ISSUE: On Wednesday, July 23, 2008 the U.S. House of Representatives passed, by a margin of 272 yeas to 152 nays, an omnibus housing bill that is intended to address a myriad of housing needs throughout the Nation for years to come. Specifically the bill, H.R. 3221, the "Housing and Economic Recovery Act of 2008" takes a number of crucial steps in the right direction to address a housing and financial crisis that is of profound concern to the NAACP communities nationwide.

Key aspects of H.R. 3221 include:

• Nearly $4 billion in Community Development Block Grants for communities to purchase and rehabilitate foreclosed properties in hard-hit areas, and return affordable housing to those who need it most, while reducing urban blight, safety hazards, and drains on limited local resources in the process;
• The creation of an Affordable Housing Trust Fund to provide affordable rental housing for people who need it the most;
• A new nationwide licensing and registration system for loan originators that will greatly improve the oversight of a brokerage system that, in many cases, has been a major contributor to the scourge of predatory lending tactics; and
• Expanded authority for the Federal Housing Administration to help borrowers refinance into more affordable loans.
  

As is the case with any omnibus legislation on such a complex issue, many difficult compromises and decisions were made in the name of moving forward. On the whole, however, the NAACP believes that the bill will do far more good than harm. Our primary concern with H.R. 3221 is in what it does not include: reforms that level the playing field between borrowers and lenders. Sadly, this legislation does not address the fact that lenders currently hold all of the cards when dealing with struggling homeowners. Specifically, the NAACP currently supports legislation (H.R. 5670) to require that mortgage servicers work with borrowers to try to avoid foreclosure, as well as a bill (H.R. 6076) to impose a cooling out period to allow homeowners time to try to modify their mortgages and stay in their homes and legislation (H.R. 3609) allowing the courts to try to mediate a modification. Such mandatory foreclosure prevention policies remain absolutely vital to resolving our nation's foreclosure crisis.

So now we must congratulate our elected representatives on the legislation about to become law, but also urge them to go further and to pass legislation to level the playing field between borrowers and lenders...
Thank you all for your attention to this urgent matter!!!

Click HERE to find contact information for YOUR Representatives

Tech Tags: Housing Mortgage+crisis H.R.3221 H.R.5670 H.R.6076 H.R.3609

From the Convention: The complete list of all Resolutions considered at the 2008 NAACP Convention

Here is the complete list of all resolutions considered at the 2008 NAACP Annual Convention.

Note: Some resolutions were abbreiveated or excerpted for brevity

The Resolution process begins with a local unit (or branch) who drafts a proposed policy or resolution. That resolution must be approved by the general membership of that unit. The proposed resolution is then brought before the State Conference for ratification. Once ratified by the State Conference at it's quarterly meeting, the proposed resolution is then forwarded to the National Resolution committee where it is reviewed and prepared for the annual resolution session.


Within the resolution session, all registered voting delegates to the convention are able to stand up and speak to each proposed policy or initiative. After debate, each is brought to a vote and if successful, it becomes binding NAACP policy.


1. NAACP Centennial Commemoration by Local, State, and National Governmental Authorities Resolved: That all units of the NAACP shall petition their local, state, and national elected and appointed officials to issue proclamations dated February 12, 2009, honoring the NAACP and its work, and commemorating the NAACP's 100th anniversary.

2. Strengthening the African American Family
Resolved: That the NAACP in coalition with the faith community and other grassroots organizations lead a public campaign highlighting the need for promoting individual and collective community responsibilities along with public policies to assist African American families that alleviate the impact of criminal activity, inadequate health care and insufficient educational support on the African American community. And that the NAACP advocate through its units and promote activities that will strengthen and fortify the African American family structure.

3. Supporting continued sovereignty and Federal recognition of the Shinnecock Tribal Nation and the Unkechaug Tribal Nation
Resolved: That the NAACP will continue to support and advocate for all legitimate claims for Native American federal recognition in general, including the Shinnecock and Unkechang Nations and the protections for Native American burial grounds.

4. Honoring John Roberts "JR" Clifford
Resolved: That civil Rights Pioneer John Roberts "JR" Clifford will be honored along with others as the NAACP moves towards it centennial celebration

5. Promoting non-discriminatory adoption and usage of broadband Internet & information technologies
Resolved: That the NAACP shall object to any corporate or governmental policies that increase costs, impede deployment, discourage adoption and usage, limit consumer access, reduce local commentary, or State oversight or that of public utilities commissions, public hearings, or other forums for citizen input and reduce affordability of broadband technologies AND that the NAACP will call upon its members to educate themselves and others on the importance of adoption and usage of broadband technologies.

6. Release of William Mayo
Resolved: That Local and State units as well as the National office, will advocate for Federal Legislation that would provide for an automatic retrial when testimony offer at a jury trial that leads to a conviction is later recanted AND that NAACP units will assist the Cincinnati Branch as requested in calling for the release of Johnathan Mayo and Troy Davis from their wrongful incarcerations.

7. Jury Panels
Resolved: That units of the NAACP will recommend and advocate to State and Local officials to reevaluate and restructure Jury selection procedures to increase non-white representation in jury pools.

8. Abolition of Life Sentences for Juvenile defendants
Resolved: That NAACP Units should call upon their respective legislatures to abolish life sentences for juvenile defendants

9. NAACP Opposes the transfer of Youth to the Adult Criminal Justice System
Resolved: That the NAACP will work to end the excessive practice of youth being tried in the adult criminal justice system and to insure that young people are appropriately adjudicated in ways that enhance community rehabilitation, safety and stability, AND that the NAACP shall strongly oppose any policies, statutes, or laws that increase the number of youth transferred into the adult criminal justice system or the number of youth held in adult prisons or jails.

10. Hangman's Nooses as a Hate Crime
Resolved: That the NAACP shall adopt a position of zero tolerance in opposing the conduct of anyone who uses the hangman's noose to intimidate, threaten, or assault....

11. Privatizing and Outsourcing Manufacturing jobs in prisons is contributing to low wages.
Resolved: that NAACP units will advocate before Local, State, and Federal policy making bodies to adopt regulations that will require prisons and private contractors to pay a living wage, and that the money earned by prisoners shall be divided equally between an amount paid to the prisoners during their incarceration, a victims assistance fund, child support payments, and a trust fund to be made available to the prisoner upon release AND that units will advocate for legislation requiring Companies that utilize and benefit from prison labor to offer the same or commensurate health care and other benefits to inmates and their family members that said companies offer to their other employees.

12. Educational Improvements
Resolved: That the NAACP will reaffirm its efforts to advocate for the increased collection of and transparency in accountability data so that the public and the school systems become more aware of the race, origin, and class dimensions related to the allocation of various qualities of educational services AND that the NAACP should enter into litigation against any governmental agencies that refuse to provide proper educational opportunities.

13. Support of remedial Education for youth who are over the age of 18 and not in High School
Resolved: That NAACP units shall actively advocate for the continued funding of programs designed to ensure that remedial educational opportunities are available for persons over 18, who are lacking basic literacy and math skills.

14. Oppose Wal-mart and Other Retailers Unfair Labor Practices
Resolved: That the NAACP will challenge Wal-Mart and other retailers to overcome any of their practices that are inconsistent with the highest standards of Labor and Civil Rights, to ensure equal opportunity and equal pay for Women, people of color and other minorities, and work with local communities to effectively address Wal-Mart's and other retailers negative impact on issues like the environment and local businesses, and establish a "Buy American" program that annually increases the percentage of "Made in America" goods purchased by Wal-Mart and Other retailers to help protect American Jobs.

15. Workplace Bullying
Resolved: That NAACP Units at all levels will seek legislation at all appropriate levels to deem workplace bullying illegal.

16. An Act to Re-Affirm Resolutions previously adopted on Environmental Racism and to further oppose the planning and location of Level 4 Bio-Safety Laboratories and Hazardous facilities designated for densely populated areas.
Resolved: That the NAACP Re-Affirms all previous policies on Environmental racism (1993, 1996, 2000, & 2001) and that NAACP State and Local units should work with community organizations and citizens to prevent level 4 bio-safety laboratories and hazardous facilities from being placed within densely populated areas and shall advocate for legislation to prohibit the same.

17. Health Disparities
Resolved: That the NAACP will identify at least one county in each region where health disparities are most disproportionate among African Americans, poor people, and senior citizens and develop an advocacy, educational, and legal strategy to improved selected element of the system that are responsible for the disparity AND NAACP units at all levels will advocate to federal, state, and local governmental agencies and partner with different organizations or health care systems to establish and maintain programs that will bring information to teens, adults, ad families for the prevention of sexually transmitted diseases.

18. The Impact of Autism
Resolved: The NAACP will lobby for increased Governmental spending for research on the causes and cure of Autism.

19. The NAACP supports efforts to further disaggregate Heathcare data by Race and Ethnicity
Resolved: That the NAACP supports efforts to ensure the accurate collection and reporting of data by heath care providers, programs, and plans about patients and the care they receive; broken down by race and ethnicity.

20. Support for Public Housing Residents
Resolved: That the National Office of the NAACP will encourage and support a Federal Policy that provides for "one for one" replacement of public housing units that are razed or demolished AND that NAACP units at all levels should monitor and pursue actions to ensure that the residents of Public Housing are afforded the full social, political, educational, and economic opportunities available for all residents throughout the nation.

21. Bylaws change - Advisors for Youth & College Chapters (Article V, Sections 10b, 12a, 12e, and 13)
Resolved: That all Faculty advisors, High School Chapter advisors, Youth Council advisors, and Junior Youth Council advisors shall serve as Ex-Officio members of their respective chapter or councils without voting rights.

22. Bylaws change - Disposition of records; Youth Units (Article VI, Section 3e, f, & g)
Resolved: Language added to the section which reads - All minutes and other official records are the property of the Youth Unit and shall be promptly transferred to the newly elected and qualified officers within 30 days after the election. Non-compliance with terms herein shall be considered conduct that is inimical to the best interests of the NAACP, meriting disciplinary action pursuant to Article X.

23. Bylaws change - Executive Committee in the Bylaws for Units (Article VIII, Section 1b)
Resolved: Language changed within the section - All references to Youth Councils replaced with references to Youth Units

24. Bylaws change - Youth Works committee (Article VIII, Section 51k)
Resolved: Language changed within the section - All references to Youth Councils replaced with references to Youth Units

25. Representation of behavior Not in the best interest of the association
Resolved: That the NAACP shall codify guidelines to become an appendage of the constitution and bylaws to highlight the penalties for infractions of the code of the NAACP

26. Peace Resolution
Resolved: that the NAACP actively engage , using its NGO status in the pursuit for peace and stability in Darfur AND that the NAACP request that the President of the United States advocate for peace and an end to the Human Rights abuses in China, Darfur, and Burma

27. Minority Business Participation in Government Contracts
Resolved: that the NAACP call upon Congress, the SBA, the Office of Federal Procurement Policy and all Federal Local ad State Agencies to: 1) promote the use of MBE's in Federal, State, and Local contract and sub-contracts; 2) provide more oversight and monitoring of contracts for compliance in using MBE and small disadvantaged businesses; 3) call for the enforcement of existing laws and penalties on agencies and prime contractors that fail to comply; and 4) that the federal government be precluded from suspending these requirements based upon exigent circumstances

28. Calling for the NAACP to begin mobilization efforts for Census 2010
Resolved: That each State/State Area conference designate a Census 2010 committee to assist units in their jurisdiction to ensure that information and resources are properly deployed AND that the NAACP will advocate to the US Congress and the US Department of Commerce Bureau of the Census that for the purposes of the 2010 census, that all prisoners be enumerated as residents of the census tract wherein they were domiciled at the time of their arrest and/or conviction

29. Supporting Legislation to create a Department of Peace and Non-Violence
Resolved: That the NAACP expresses its support for the enactment of H.R.808, to create a United States Department of Peace and Non-Violence.

30. NAACP calls for passage of New Federal Legislation to Regulate International Vulture Funds and prevent further Exploitation of poor and underdeveloped nations
-Point of Information- a Vulture fund is a financial organization that profits by buying up poor country debt in default on the secondary market for pennies on the dollar, then attempting to charge up to ten times the purchase price by suing the impoverished country in US or European courts.
Resolved: That the NAACP strongly supports forthcoming legislation and grassroots efforts to limit vulture fund profits and decrease the incentive to purchase/litigate on sovereign debt and increase transparency through mandatory filing in US/UK for purchases of foreign debt AND the NAACP strongly supports forthcoming legislation and grassroots efforts that will establish an international bankruptcy framework, binding on all creditors, which would force vultures to comply with debt cancellation and/or debt restructuring efforts.

31. NAACP Support for Present and Future Green jobs appropriations and policies
Resolved: That the NAACP shall advocate for the present and continued funding for the Green Jobs act and for the inclusion of African Americans and other people of color's rightful place in the emerging new green energy sectors and sustainable economies.

32. NAACP Supports applying the decision by the US Sentencing Commission to reduce Mandatory sentences for people convicted of Crack Cocaine possesion retroactively
Resolved: That the NAACP strongly supports making the May 2007 amendment by the US Sentencing Commission retroactive to those currenttly incarcerated for Crack Cocaine convictions AND that the NAACP reiterates its strong support for one-to-one sentencing ranges for crack and powder cocaine sentences.

33. NAACP supports Reauthorization of the Juvenile Justce Delinquency and Prevention Act
Resolved: That the NAACP supports the updating of the JJDPA to decrease over-reliance on detention, detention of statuts offenders, promote effective community-based alternatives to detention and incarceration, and reduce racial disparities in the justive system.

34. NAACP supports a new look at the Federal Budget in FY 2009
Resolved: That the NAACP supports a shift in the current federal budget away from defense and military spending and will continue to fight for increased federal support and funding for public education, affordable housing, health care access and quality initiative, crime preventioin, job training and creation, small business promotion, the protection of our basic civil rights and liberties, energy assistance, the protection of workers rights, and continued assistance for those devastated by Hurricanes Katrina and Rita.

35. NAACP calls for federal action to End the Home Foreclosure Crisis
Resolved: That the NAACP strongly supports strong anti-predatory lending legislation that establishes higher standards for loan originators and provides stronger penalties and remedies for lenders who break the law, as well as ensuring that any final federal product is the minimumm and that states be allowed to continue to be more aggressive in eliminating predatory lending.

36. Support of Veterans Unity with the Community
Resolved: That the NAACP identify resources, services, and programs in the community that will help assist and educate veterens with Health care, dental care, education, mental health and PTSD, enterprenueship, employment, housing and homeownership, issues unique to female veterens, homeless veterans, formerly incarcerated veterens, and information and access to VA benefits.

37. Quality Military Healthcare
Resolved: That the NAACP calls upon Congress to enact legislation to restructure the healthcare delivery system for active duty military personnel, veterens, and their families, to gurantee access to existing VA facilities and private sector healthcare providers for both physical and mental healthcare needs, including necessary medications.

38. NAACP supports Proposed Popular Vote initiative
Resolved: That the NAACP supports National "Popular Vote" legislation AND that the NAACP supports a Constitutional amendment abolishing the Electoral College.

39. Emergency Resolution - NAACP continues to suport laws to prevent Gun violence and increase gun safety
-Point of Information- Emergency Resolutions may be brought to the floor as written or approved by the President or Chair without having gone through the normal resolution process
Resolved: That the NAACP continues to support safe, sane, and sensible gunn safety legislative initiatives which would make it harder for people with questionable motives and or diminished mental capacity to obtain firearms, either through legal or illegal means AND the NAACP supports an renewal of the assualt weapons ban with a provision that makes it permenant.

40. Emergency Resolution - The NAACP continues to oppose the Dealth Penalty and supports the creation of a commission to investigate the current disparities plaguing the Federal Death Penatly Sentencing Process
Resolved: That the NAACP supports teh communiting of Mr. Troy Anthony Davis' death sentence in light of the new and compelling information regarding the crime of which he is accused AND the NAACP reiterates its continuing opposition to the death penalty at the State and Federal level AND the NAACP strongly supports legislation to be introduced by Senator Russ Feingold (WI) The National Commission on Capitol Punishment Act of 2008

41. The NAACP supports efforts to stop and reverse the dramatic increase in fuel prices; and supports long term, aggressive energy policy
Resolved: That the NAACP strongly supports comprehensive public, private, domestic, and multi-national strategies to address the immediate problems being faced by Americans, and disproportionately low-income, racial and ethnic minorities, and small business owners, most notably comercial truckers as a result of higher fuel costs.

42. NAACP Condemns the Islamaphobic, mean spirited, tasteless, and racially offensive July 21st 2008 New Yorker Magazine Cover
Resolved: That the NAACP decries the July 21st 2008 New Yorker magazine cover as tasteless, mean spirited, Islamaphobic, and racially offensive AND calls on every American who is similarly offended to contact the New Yorker magazine either by email at themail@newyorker.com or by post at The Mail, the New Yorker, 4 Times Square, New York NY 10036.

Tech Tags: NAACP, Youth, Environmental, Popular+Vote, Green+Technologies, Bylaws, Veteran, Health+Disparities, Healthcare, Family, Vulture+Funds, Education, Public+Housing, Labor, Walmart, Civil+Rights

Election 08: Showing up is half the Battle

Last Thursday, I was invited to speak to the Sedgwick County Pachyderm Club. The Pachyderm club is a Republican group which meets to discuss policies and issues affecting the people of Kansas. And while I personally am not a Republican, I was pleased to accept their invitation and I took the opportunity to speak for an hour about the issues and concerns facing our community and constituency.

This was the second time I had addressed the group, having been invited to do so about a year and a half ago. One of the points that I made during my talk was that I was certain that we would not agree on everything, however, as activists, and personally as someone who is loyal to the interests of the community and not to a Political Party, I would hope that we could work together on those issues wherein we were able to find common ground. And that message seemed to have resonance with the group. And while I have no illusions that a couple speeches here and there could somehow transform the relationship between the African American community and the Republican Party, I commend the Pachyderm club for their willingness to engage in meaningful dialogue and their willingness to look for common ground.

In light of that, I thought I'd share a few thoughts I have about this coming election cycle with particular emphasis on Kansas races. There is no time of year when the phrase "Under-served" is more befitting our community than during an election cycle. Because during election cycles, we are visited by candidates and would be politicians, who share platitudes and platforms that they developed to speak to the needs of others. We hear stump speeches, which may poll well, but are often devoid of any real consideration or understanding of the issues affecting our lives. And as we prepare to elect a new slate of City Council Members, County Commissioners, School Board members, State Legislators, and Congressional Representatives, I'd like to offer you a few points to consider...

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For those candidates who seek our support, we want to hear your thoughts and plans about *TIFF districts, STAR bonds, economic development initiatives, and your plans to create a climate where small businesses can develop and be successful within our communities. We want to hear your thoughts and plans about *education financing, charter schools, the educational achievement gap, suspension and expulsion rates, and what can be done to address our drop-out crisis. We want to hear your thoughts and plans about *health disparities, rising food prices, senior care, and the rates of "excess death" in our community as a result of preventable disease. We want to hear your thoughts and plans about *racial profiling, excessive force, and the unacceptable incarceration rates for African American teens also referred to as DMC (Disproportionate Minority Contact) We want to hear your thoughts and plans about *predatory lending, Yield Spread premiums on home loans, and the proliferation of payday lending and title lending establishments in our community. We want to hear your thoughts on *the lack of inpatient drug treatment facilities in our community and how that affects the jail population... We want to hear your thoughts on *SRS and the unacceptable numbers of children who are removed from their homes in Sedgwick county and never reunited with family... We want to hear your thoughts on *cultural arts funding and how too many worthwhile organizations within our community are still funding themselves with Fish Frys and donations, while annual fund disbursements are made in support of uptown and downtown projects... We want to hear your thoughts about *rising gas prices and efforts you could initiate to offer some relief... We want to hear your thoughts about *the multitude of municipal taxing agencies in Kansas and Sedgwick county which have led to the spiraling property tax rates and the escalating costs of home ownership... And we want to hear your thoughts on *diversifying our local economy so we are not so heavily dependent on aerospace manufacturing...

Now let me tell you, I am an Political Independent. And I don't say that "tongue-in-cheek"; I am independent in the truest sense of the word because I will support anyone who is willing to support the positions and aspirations of my community. Conversely, I will work to withhold support from any candidate who is unwilling or unable to speak to these same issues Regardless of Relationship or Party. And as the Kansas State Political Action Chairman of the NAACP, I intend to hold us accountable to that same degree of political independence.

Now what does this mean to you...

It means that any candidate or would be candidate who seeks the support of this community must speak to the issues of this community. Any candidate that hopes to coast by on the strength of party allegiances is making a gross miscalculation. Throughout the State, the Kansas Branches of the NAACP will host candidate forums, listening sessions, and town hall meetings. We will provide the microphones; you must provide your positions... We encourage all parties and candidates to come and be a part of this great dialogue and to offer your insight and solutions to the problems we face throughout the State. Election day is just around the corner; now is the time for us all to get acquainted. So to all of the candidates and would-be candidates for office, please take another look at your schedule... because we're looking forward to hearing from you...

Tech Tags: Election+08, Kansas, Current+Affairs, Politics, NAACP

Representative Russell Pearce Proposes Ban on Student Groups Based on Race at Arizona Campuses

Russell Pearce, a Republican member of the Arizona House of Representatives, has introduced legislation that would bar students at state-operated universities from forming groups or associations based in whole or in part on racial classifications.

Under the proposal, groups such as the Black Law Students Association, the Black and African Coalition, the Black Business Student Association, the National Society of Black Engineers, the NAACP, or other groups based on race, would not be permitted on the campuses of the University of Arizona or Arizona State University.

The bill authorizes the state to withhold public funding from colleges and universities that do not comply with the provision.

What is Most bizarre is that the provision was not introduced as a stand-alone bill but rather was amended onto a routine Homeland Security bill. That his amendment was not germane to the original bill was apparently not enough to stop the Arizona House Appropriations Committee from passing it on Wednesday. It still awaits a vote by the state’s full House and Senate.

The Complete text of Representative Pearce's proposed amendment to SB 1108 can be found by clicking [HERE].
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I guess I shouldn't be surprised though. This is the same Legislator that introduced HCR 2041 - the companion bill to Ward Connerly's attempt to eliminate Affirmative Action. Only Representative Pearce takes Ward Connerly's stance a step further by introducing this 'gem'. Representative Pearce's bill contains a provision that:

Requires that an injured party’s race, sex, color, ethnicity, or national origin are not to be considered when seeking remedy for violations of anti-discrimination law.

Now tell me, if you can't consider the race of an injured party in a discrimination case, then how can you ever prove racial discrimination? The Answer? You CANT... Pearce's bill would "end" racial discrimination in Arizona by making it illegal to investigate the claims... This would be funny if it weren't so sad...
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Rep. Russell Pearce (R) Distr 18
House of Representatives
1700 W. Washington
Room 114
Phoenix, AZ 85007
Phone Number: (602) 926-5760
Fax Number: (602) 417-3118
Email Address: mailto:rpearce@azleg.gov


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... somebody ought to give Representative Pearce a call...
Arizona NAACP'ers, let me know if there's anything we can do to help...

Tech Tags: Arizona+Legislature, Russell+Pearce, Affirmative+Action,

The Senate stalls the Ledbetter Fair Pay Act with a procedural maneuver!

It was supposed to be a victory of both symbol and substance. Today, on Equal Pay Day, the Senate would take up HR2831/S1843 - the Lilly Ledbetter Fair Pay Act. This bill, which has already passed the House, would re-align the language and intent of the Civil Rights Act of 1964 with regard to ending discrimination in payments and salaries.

Under current law, Equal Pay protections are only enforceable if an individual files a complaint of discrimination within 180 days of the original discriminatory decision or act. Meaning, if you were to start a new job today, and I as your employer decided to pay you a lower salary because of your age, gender, race, or some other irrelevant factor, you would have to file a complaint within 180 days of your hiring or the statute of limitations would expire and you would lose your legal standing. Notwithstanding the fact that at the time of your hiring, you would have absolutely no way of knowing the relationship between your salary and the salaries of your co-workers.

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That is precisely what happened to Lilly Ledbetter. The bill bearing her name (HR2831) was written in response to a lawsuit she filed against the Goodyear Tire Company and the subsequent ruling of the Supreme Court. Lilly Ledbetter had worked for Goodyear Tire and Rubber for 15 years. After discovering that for many years her pay had been 15 percent less than what the lowest-paid male employee in her position had been making, she filed suit. The Court rejected her lawsuit, noting that Equal Employment Opportunity Commission procedures require claims to be filed within 180 days of when the original act of discrimination took place. HR2831 would change the law that was the basis for the Court’s ruling. The bill would make sure that companies can be sued for wage discrimination whenever they issue a paycheck. The bill clarifies for the courts that every paycheck issued at a discriminatory rate shall be considered an individual act of discrimination. Therefore, the 180 day limitation would be recalculated from the date of any check issued at a discriminatory wage.

But when the bill came before the Senate, it was anything but simple.

The Senate version of the bill (S1843) introduced by Senator Ted Kennedy, clearly had the support of a majority of the Senate. However, when the motion was made to consider the bill, the legislators who opposed the bill utilized a procedural maneuver to require a Supermajority or 60+ vote. this was done through the employment of filibuster and cloture.

The filibuster is a Senate practice whereby a single Senator, or his minority party, can block full Senate consideration of a bill or nomination by extending debate on the proposal indefinitely. The resulting "filibuster" can ordinarily be stopped only by a "cloture" (or closure) vote, which requires 60 of the 100 Senators (a supermajority) to vote to end debate, and bring the bill or nomination to a final vote.

The Senators who opposed the bill knew that it had the support of the majority of the Senate, but they also know that they had enough votes to block a Cloture vote. So the motion to consider was made, the filibuster began, followed by a motion for Cloture which subsequently failed. What all of that means is that the bill has now been relegated once more to the proverbial 'back burner'. The Bill didn't actually "fail", rather, the filibuster/cloture maneuvers are 'sleight of hand tricks' whereby Legislators can deliberately block bills, resolutions, & legislation without it showing up on their voting record. In Cleveland where I grew up, we would call that a 'Hustle'. Since they never actually voted yay or nay (because they didn't allow the vote to take place) they are able to secure the interests of big business, yet still offer a 'truthy' assurance that they care about the issues of fairness and equality.

While I was greatly disturbed by the actions of this Senate, I do applaud the efforts of Senator Ted Kennedy and the other 43 co-sponsors of the bill, and I hope that you will continue to push for its eventual passage.

Below, I've posted the published votes on the Cloture motion:

Position YEAs ---56
Akaka (D-HI)
Baucus (D-MT)
Bayh (D-IN)
Biden (D-DE)
Bingaman (D-NM)
Boxer (D-CA)
Brown (D-OH)
Byrd (D-WV)
Cantwell (D-WA)
Cardin (D-MD)
Carper (D-DE)
Casey (D-PA)
Clinton (D-NY)
Coleman (R-MN)
Collins (R-ME)
Conrad (D-ND)
Dodd (D-CT)
Dorgan (D-ND)
Durbin (D-IL)
Feingold (D-WI)
Feinstein (D-CA)
Harkin (D-IA)
Inouye (D-HI)
Johnson (D-SD)
Kennedy (D-MA)
Kerry (D-MA)
Klobuchar (D-MN)
Kohl (D-WI)
Landrieu (D-LA)
Lautenberg (D-NJ)
Leahy (D-VT)
Levin (D-MI)
Lieberman (ID-CT)
Lincoln (D-AR)
McCaskill (D-MO)
Menendez (D-NJ)
Mikulski (D-MD)
Murray (D-WA)
Nelson (D-FL)
Nelson (D-NE)
Obama (D-IL)
Pryor (D-AR)
Reed (D-RI)
Rockefeller (D-WV)
Salazar (D-CO)
Sanders (I-VT)
Schumer (D-NY)
Smith (R-OR)
Snowe (R-ME)
Specter (R-PA)
Stabenow (D-MI)
Sununu (R-NH)
Tester (D-MT)
Webb (D-VA)
Whitehouse (D-RI)
Wyden (D-OR)

Position NAYs ---42
Alexander (R-TN)
Allard (R-CO)
Barrasso (R-WY)
Bennett (R-UT)
Bond (R-MO)
Brownback (R-KS)
Bunning (R-KY)
Burr (R-NC)
Chambliss (R-GA)
Coburn (R-OK)
Cochran (R-MS)
Corker (R-TN)
Cornyn (R-TX)
Craig (R-ID)
Crapo (R-ID)
DeMint (R-SC)
Dole (R-NC)
Domenici (R-NM)
Ensign (R-NV)
Enzi (R-WY)
Graham (R-SC)
Grassley (R-IA)
Gregg (R-NH)
Hatch (R-UT)
Hutchison (R-TX)
Inhofe (R-OK)
Isakson (R-GA)
Kyl (R-AZ)
Lugar (R-IN)
Martinez (R-FL)
McConnell (R-KY)
Murkowski (R-AK)
Reid (D-NV)
Roberts (R-KS)
Sessions (R-AL)
Shelby (R-AL)
Stevens (R-AK)
Thune (R-SD)
Vitter (R-LA)
Voinovich (R-OH)
Warner (R-VA)
Wicker (R-MS)

Not Voting - 2
Hagel (R-NE)
McCain (R-AZ)

Tech Tags: S1843 HR2831 Senator+Kennedy Lilly+Ledbetter Equal+Pay Fair+Wage Senate+Votes Civil+Rights NAACP Wichita+NAACP

"Dear Kansas": a letter on Children's rights, child abuse, and the system...

Guest Posted by Donna Roberts, ACRA-
A Child's Rights Association [<--link]

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I am sure most parents think the way I did two and a half years ago, "trusting of the child protection system". At one time I believed the system protected children from dangerous people and now I know that sometimes the abusers are the "system itself" and not the parents.

I am Donna Roberts, founder of ACRA-A Child's Rights Association. ACRA was formed after I lobbied for Jessica's Law in 2005, Jessica's Law is a law that helps protect children from sexual offenders who commit heinous crimes against innocent children.When I was lobbying for this law I started receiving phone calls from parents or grandparents concerned about the protection of their child/grandchild and I was amazed at how the system had failed these families so I decided my work was not done and continued on, so here I am today two and a half years later being a voice for all children and protective parents who have been failed by a system that was designed to help them.

I am not a parent who has been scorned by the system nor am I a disgruntled parent, I am a citizen who truly cares about Kansas families and the injustice done to them through the failures of law enforcement, family and juvenile courts, cps, district attorney's, family attorney's, therapists and the list goes on.

Attending a political forum hosted by a few of our state representatives and senators on March 29th in Derby [Kansas] was troubling to me, I had addressed an issue with them about the removal of children from their homes and how Kansas law allows law enforcement to take a child into custody on probable cause. When I addressed this issue, not one of the legislators responded on the issue, instead they danced around it side stepped it and totally ignored it. I was very troubled by one state representative in paticular who insulted parents and placed all the blame on the parents, this one state representative who represents our state should not be in Topeka making decisions that will affect our children's future and the future of families.

Kansas state statutes have loopholes that allow law enforcement free reign of our children. We have a monster lurking within our state and it is the Kansas Statute that allows law enforcement to place your child into custody on "probable cause" without any court orders, no legal document. Law enforcement can go to your child's school and remove your child from your custody and place them in the custody of the police department and hold them up to 72 hrs without a hearing, they can use force to remove your child from your home. Imagine being a child and your at school and you are called to the office and the next thing you know you are in a police car with a detective and social worker and you are being taken to strangers and you have no idea why. We must have laws that truly protect children but we also need laws that have some teeth that will not allow a law enforcement officer to remove your child from your care because they can.

We must bring awareness to these issues so children are better protected from abuse and abuse by the system. When a child is removed from a protective parent then the system has abused and has caused secondary abuse. When a child discloses that they are being abused at a parents house during visitiation then all visitation should be stopped, the abuse investigated and the abuser held accountable. Instead we have system that law enforcement uses their power to remove a child from the protective parents home and place the child with strangers (not grandparents or any other family members) and then the child is in a out of home placement for over a year just so the judge within the courts can give the abuser sole custody. Then the protective parent is given supervised visits once a week and is treated like the criminal. We have just taught every child who discloses abuse NOT TO TELL, they will be punished by a system that was designed to protect them. What are we doing to our children? It is time that the citizens of Kansas stand together and say enough is enough and protect our children and help keep families strong.

Lowenstein, S. R. (1991). Child sexual abuse in custody and visitation litigation:
Representation for the benefit of victims. UMKC Law Review, 60, 227-82.Sharon Lowenstein examined 96 custody and visitation disputes involving allegations of child sexual abuse from 33 states. Visitation was the principal issues in 36 cases. The father was alleged to have sexually molested their child in each of these 36 cases. Yet in two-thirds (24) of these cases fathers were granted unsupervised visitation.Custody was the principle issue in 56 cases. In 27 of the 56 cases (48%) mothers lost custody. In 17 of these cases (63%) the mother lost custody to a father alleged to be a perpetrator. In two cases (3.6%) fathers lost custody. No father lost custody to a mother whose household included an alleged perpetrator (either the mother, a stepfather, the mother's boyfriend, or one of mother's relatives).

Faller, K. C., & DeVoe, E. (1995). Allegations of sexual abuse in divorce, Journal of Child Sexual Abuse, 4(4), 1-25.
The authors examined 214 allegations of sexual abuse in divorce cases that were evaluated by a multidisciplinary team at a university-based clinic. 72.6% were determined likely, 20% unlikely, and 7.4% uncertain. The temporal relationship between allegations and divorce were analyzed and results revealed that in cases where CSA was judged to be likely or uncertain, in 18% of these cases divorce followed discovery of sexual abuse, in 32% cases discovery of sexual abuse followed divorce, in 34% of cases sexual abuse followed divorce, and 16% of allegations were found to be unrelated to divorce. Of the 20% of cases that were judged to be false or possibly false cases, only approximately a quarter (n = 10) were determined to have been consciously made. The remainder were classified as misinterpretations.

Faller and DeVoe found that 40 concerned parents experienced negative sanctions associated with raising the issue of sexual abuse. These sanctions included being jailed, losing custody to the alleged offender, a relative, or foster case, limitation or loss of visitation, admonitions not to report alleged abuse again to the court, Protective Services or the police, and prohibitions against taking the child to a physician or therapist because of concerns about sexual abuse in the future. None of the parents experiencing these sanctions were ones who were judged to have made calculated false allegations. In fact, sanctioned cases tended to score higher on a composite scale of likelihood of sexual abuse, and were more likely to have medical evidence than cases without sanctions.

Donna Roberts, ACRA-A Child's Rights Association, Derby Kansas

~~~~~~

Donna, you have been a very strong voice for the rights of Children and protective parents here in Kansas. We appreciate your calls for legislative reform, and we look forward to working with you in the coming legislative sessions to make these needed changes...

~Kevin

Tech Tags: NAACP, Childrens+ Rights, Legislative+reform, Current+Events, Current+Affairs

The Kansas Racial Profiling Bill (SB610) stalls in the Senate!!

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SB610 on Racial Profiling has stalled in the Senate Fed and State Affairs Committee. We're hearing rumblings from the Capitol Building that Chairman Brungardt is not planning to allow the Fed & State committee to work the bill.

Ordinarily, we would be all over this, but in this instance we applaud Senator Brungardt's apparent decision to "hit the brakes". Holding this bill past the April 2nd deadline would allow all sides to return to the table and craft a true compromise bill in time for the next legislative session.

Senate Bill 610 was engendered by the Wichita community as an effort to strengthen the existing State statutes prohibiting Racial Profiling. Senator Donald Betts, who introduced the bill, worked with community groups (NAACP, Citizens for Equal Enforcement, Wichita Racial Profiling Advisory Board), Law Enforcement, and the State Racial Profiling Task Force to try and ensure that all of our 'shareholders' had some say in it's language. Unfortunately, SB610 in it's final draft became more of a 'composite' bill than a 'compromise' bill.

SB610 contains needed changes we strongly support, and onerous changes we vigorously oppose. Law Enforcement was equally even-handed in their praise and disdain for SB610, but they ultimately decided to support the bill with a list of recommended changes. The other community groups involved with advocating for changes, namely the Citizens for Equal Enforcement and the City of Wichita's Racial Profiling Advisory Board, reflected the same dichotomy of praise and disdain, but they too decided to support the bill, albeit with a completely different and in some cases, contrary list of recommended changes. The State of Kansas Racial Profiling Task Force, on which I s