Supreme Court Sets Precedent - Teachers Can Bully Students

 

These days we are more sensitive to the bullying that students dole upon one another in school. Apparently, the teachers can bully students with verbal assaults as long as the student is a Christian.

Nearly every day in class, James Corbett, who had taught at the school for the past 20 years, would ridicule and harass Chad Farnan about his Christian and creationist views.  One of the statements made by Corbett in the classroom in front of Farnan’s fellow students was,“When you put on your Jesus glasses, you can’t see the truth.”

After repeated verbal abuse in front of his classmates, Farnan filed suit against the teacher in December 2007.  He accused the teacher of promoting hostility to Christians in the classroom and in promoting ‘irreligion over religion’ which is a violation of the First Amendment.

The case was appealed to the Ninth Circuit Court of Appeals, which is the most liberal court in the entire US.  In keeping with their liberal history, the Ninth Circuit Court overturned the District Court’s ruling declaring that the teacher had a qualified immunity since there was no precedent of any case where a teacher had been held liable for anti-religious statements and those statements been ruled to be unconstitutional.

Based on his belief that there was no justifiable reason for his attacks on his student, the judge ruled in favor of the student but the victory was short-lived as the Ninth Circuit Court of Appeals predictably ruled to the left of center and overturned the district judge.
 
The case then appealed to the US Supreme Court in hopes that they would make a precedent setting ruling to defend the religious rights of students in public schools.  In March this year, the US Supreme Court announced that they will not hear the case, thus making the Ninth Circuit Court of Appeals’ ruling will stand as the final decision.
 
A precedent in this case has been set, but not the one hoped for.  The precedent that was set allows teachers to verbally abuse, ridicule and harass the religious beliefs of any student and they can do so in the classroom in front of other students.

Total Collections Grow in May as Gross Production Continues

Even though natural gas and crude oil prices are lower than expected, Oklahoma’s total revenue collections continue to rise, driven primarily by income and sales, State Treasurer Ken Miller said today as he released the monthly gross receipts report for May.

“With incomes climbing and sales tax collections on the rise, Oklahomans continue to show confidence in the economy in spite of renewed global uncertainty and a pullback in U.S. job growth,” Miller said.

May collections are up by 5.8 percent from May of last year, Miller said. That compares to average growth over the past 12 months of 9.2 percent. 

Watching natural gas and oil prices

In May, collections from gross production taxes on oil and natural gas were less than the same month of the prior year for a sixth consecutive month, and for the seventh time in eight months. Reflecting the continued downward slide in gross production collections, the 12-month running total for that revenue source turned negative this month.

The percentage of total gross production taxes generated by natural gas production has steadily fallen since last year. In October, 51 percent of gross production collections came from gas extraction. By April, the amount had dropped to 32 percent. The proportion of the tax produced by natural gas for May is not yet available.

Gross production collections in May reflect prices and production from March, when the spot price for natural gas at the Henry Hub in Louisiana, considered a benchmark for gas prices, averaged $2.06 per thousand cubic feet. April prices dropped to an average of $2.01, but May prices rose to an average of $2.51.

In the past month, the price of crude oil has also trended downward. From late February until the end of April, the spot price of West Texas Intermediate Crude Oil at Cushing stayed above $100 per barrel. In May, crude prices dropped throughout the month, closing May 31 at $86.53/bbl, levels not seen since last October.

Rig counts last week were set at 192 total, 22 higher than at the same time last year. However, active natural gas rigs have dropped from 122 last year to 53 this year. Active oil rigs have climbed from 48 last year to 139 this year.

“In the coming months, we will be keeping a close watch on natural gas and crude oil prices and any potential spillover effect on the Oklahoma economy,” Miller said.

Overall growth seen

Income tax collections have risen by double-digits from the same month of the previous year in nine of the past 12 months, while sale tax collections have averaged eight percent growth during the same time.

Since hitting the trough on revenue collections from the recession in February 2010, 12-month collections have increased by $1.63 billion and are now only $289 million below the peak in December 2008.

Miller pointed to the latest reports on state and local unemployment as bright spots.

“At 5.0 percent, the April unemployment rate for Oklahoma is more than three percentage points lower than the national rate. Oklahoma City’s rate of 4.0 percent is the lowest of the nation’s 49 largest cities and speaks to the strength of the rebounding economy,” he said. “Reports show 38,500 more Oklahomans have jobs now than a year ago.”

May collections

The revenue report for May sets gross collections at $858.9 million, up $46.7 million or 5.8 percent from May 2011.

Gross income tax collections, a combination of personal and corporate income taxes, generated $268.5 million, an increase of $35.2 million or 15.1 percent from the previous May.

Personal income tax collections for the month are $258.2 million, up $35.9 million or 16.1 percent from the prior year. Corporate collections are $10.3 million, down by $600,000 or 5.8 percent.

Sales tax collections, including remittances on behalf of cities and counties, total $335.5 million in May. That is $21.6 million or 6.9 percent above May 2011.

Gross production taxes on oil and natural gas generated $63.1 million in May, a decrease of $32.5 million or 34 percent from last May. Compared to April reports, gross production collections are up by $1.1 million or 1.8 percent.

Motor vehicle taxes produced $62.3 million, up by $6.5 million or 11.6 percent from the prior year.

Other collections, consisting of about 60 different sources including taxes on fuel, tobacco, horse race gambling and alcoholic beverages, produced $129.5 million during the month. That is $16 million or 14.1 percent more than last May.

Twelve-month collections

Between June 2011 and May 2012, gross revenue totals $10.99 billion. That is $923.1 million or 9.2 percent higher than collections from the previous 12-month period.

Gross income taxes generated $3.85 billion for the period, reflecting an increase of $420.5 million or 12.3 percent from the prior 12 months.

Personal income tax collections total $3.32 billion, up by $311.6 million or 10.3 percent from the June 2010 to May 2011 period. Corporate collections are $530.6 million for the period, an increase of $109 million or 25.9 percent over the previous period.

Sales taxes for the period generated $4 billion, an increase of $303.9 million or 8.2 percent from the prior 12-months.

Oil and gas gross production tax collections brought in $940 million during the 12 months, down by $15.5 million or 1.6 percent from the previous period.

Motor vehicle collections total $688.8 million for the period. This is an increase of $58.6 million or 9.3 percent from the trailing 12 months.

Other sources generated $1.51 billion, up $155.6 million or 11.5 percent from the previous 12 months.

Loophole in the Oklahoma Religious Freedom Act

The Oklahoma Religious Freedom Act states in part:

§51-253.  Burden upon free exercise of religion.

A.  Except as provided in subsection B of this section, no governmental entity shall substantially burden a person’s free exercise of religion even if the burden results from a rule of general applicability.

B.  No governmental entity shall substantially burden a person’s free exercise of religion unless it demonstrates that application of the burden to the person is:

1.  Essential to further a compelling governmental interest; and

2.  The least restrictive means of furthering that compelling governmental interest.

The law says that “Substantially burden” means to inhibit or curtail religiously motivated practice. It defines “Exercise of religion” as the exercise of religion under Article 1, Section 2, of the Constitution of the State of Oklahoma, the Oklahoma Religious Freedom Act (referring to itself), and the First Amendment to the Constitution of the United States.

It seems that this law says that the Oklahoma State Government cannot inhibit your free exercise of religion unless it is in the best interest of the government to do so.

The law defines “Exercise of religion” as the exercise of religion under Article 1, Section 2.

Section 1 Article 2 of the Oklahoma Constitution reads:

Religious liberty - Polygamous or plural marriages.

Perfect toleration of religious sentiment shall be secured, and no inhabitant of the State shall ever be molested in person or property on account of his or her mode of religious worship; and no religious test shall be required for the exercise of civil or political rights.  Polygamous or plural marriages are forever prohibited.

This article of the state constitution does not make any reference to the fact that the government cannot stop you or impede you from free exercise of religion, only that you cannot be harmed or mistreated because of how you worship. 

We will notice that §52-253 says that “Except as provided in subsection B of this section, no governmental entity shall substantially burden a person’s free exercise of religion”.  Section B then declares that the exception is when in the best interest of government and the least restrictive means of furthering government interest. 

The bill also mentions the US Constitution in defining “Exercise of religion”.  Of course we know that the First Amendment states Congress shall make no law prohibiting the free exercise of religion. However, regulations can be established that are not congressional laws exactly, not a part of US Code or Oklahoma Statutes, which may impede the exercise of religion. 

In order to close these loopholes the law could be amended so that Section B of §51-253 is repealed and Section A would simply read “No governmental entity shall substantially burden a person’s free exercise of religion even if the burden results from a rule of general applicability.” This covers both laws established and regulations passed in the affirmation of an individual’s inherent right to worship as and who they desire.

No Tobacco on State Land

Remember in February that Governor Fallin signed executive order 2012-01 which says that "The use of any tobacco product shall be prohibited on any and all properties owned, leased or contracted for use by the State of Oklahoma, including but not limited to all buildings, land and vehicles owned, leased or contracted for use by agencies or instruments of the State of Oklahoma." It was set to be implemented within 6 months of the order- by August 6^th.

This applies to contractors working on state property even in their person vehicles. This also includes the prohibition of any tobacco product meaning smokeless tobacco is also not allowed.

State owned colleges and universities should be in compliance with the executive order by August 6, 2012.

What are the state owned properties?

State officials don't yet know precisely how many buildings the state owns, but the current best estimate is about 4,500, said Carol McFarland, acting director of the Office of State Finance.

McFarland said officials in her agency are working diligently with state risk management officials to develop a complete inventory of buildings owned and leased by the state, as well as properties owned by the state that don't have structures on them.

They hope to have the task completed by fall, she said.

Gary Jones, state auditor and inspector, released a performance audit of the state Department of Central Services on Friday that criticized the shortsightedness of legislative leadership for failure to fund routine maintenance of state buildings. That failure has resulted in crumbling buildings that will cost millions to repair, the audit said.

The audit also noted that a division of the Department of Central Services has been unsuccessful in several efforts to develop a comprehensive inventory of state-owned buildings and land, despite several efforts to do so since 1991.

“The audit was right on,” said state Rep. Jason Murphey, R-Guthrie, who is one of several state lawmakers pushing for better management of state assets.

Failure to Comply

Ultimately each agency to determine the mechanism used to implement and enforce the tobacco ban on state property. While there are no penalties outlined in the Governor’s order for an individual’s non-compliance with the ban, there are other means by which an agency can approach violators and encourage their compliance. These include educational ‘palm cards’, or ‘business cards’ which can be handed out to educate individuals on the purpose and intent of the ban. Similar tools are in development by OSDH, and should be available soon.  If the non-compliant individual is a state employee, the agency can commence with employee disciplinary proceedings as outlined in agency policy and procedures. 

2012 Social Security and Medicare Trustees Report

Recent Gallup polls indicate that 33% of American nonretirees now anticipate that Social Security will be a major retirement funding source. In 2007, prior to the recession and financial crisis, just 27% did so.

Current retirees are to say they rely on it as a major source of income today (57%). This gap in nonretiree expectations versus retiree reality has been a consistent trend over the past decade.

The average nonretired American now expects to retire at age 67, up from age 63 a decade ago and age 60 in the mid-1990s.

The same poll finds a new low of 38% of nonretirees saying they will have enough money to live comfortably in retirement, down slightly from 42% last year. When Gallup first asked the question in 2002, 59% thought they would have enough. The report on social security confirms those concerns.

The 2012 forecasts from the trustees of the Social Security and Medicare programs predict gloomier financial prospects for Social Security compared to last year’s projections, while the outlook for Medicare has remained mostly unchanged from 2011. The two programs constitute nearly 36% of federal spending in 2011, and both have serious long-term financial challenges because of demographic shifts: “Through the mid-2030s, population aging caused by the large baby-boom generation entering retirement and lower-birth-rate generations entering employment will be the largest single factor causing costs to grow more rapidly than GDP.”

The 2012 overview report states that in 2011, 44.8 million people received Social Security benefits, 10.6 million received disability insurance benefits and 48.7 million were covered under Medicare.

The report’s findings include:

•The projected year of asset exhaustion for Social Security has been moved forward by three years, to 2033. The Old-Age and Survivors Insurance (OASI) trust fund will be exhausted by 2035, while the Disability Insurance (DI) trust fund will run out of assets by 2016. Income for the Social Security trust fund will remain higher than costs until 2021, beyond which assets owned by the trust fund will cover deficits, though only until 2033.

•The long-term deficit in the Social Security program has worsened since the 2011 report. The deficit is expected to be 2.67% of taxable payroll — the highest recorded since the last major Social Security financing reforms three decades ago. Much of the financial deterioration is caused by updated economic assumptions, weak economic performance and higher-than-expected inflation in 2011.

•Short-term financial adequacy measures (testing whether the trust fund has adequate assets to cover a year’s worth of costs) show that the OASI trust fund will remain financially adequate for the period 2012-2021. The short-term forecasts for the DI trust fund show assets falling short starting in 2013 and being exhausted by 2016, two years earlier than previously estimated.

•Because taxes are a major source of program funding, the deficit of Social Security costs relative to tax income was $148 billion in 2011 and was projected to be $165 billion in 2012. The size of the deficit is primarily due to the temporary reduction in payroll taxes. The deficit of Social Security costs relative to non-interest income was $45 billion in 2011; it is expected to decline further to $53 billion in 2012.

•The annual cost of Social Security benefits as a share of taxable earnings is projected to grow from 11.3% in 2007 to 17.4% in 2035; as a share of GDP, program costs are projected to rise from 4.2% in 2007 to 6.4% in 2035.

•The projected date of asset exhaustion for the Medicare Hospitalization Insurance (HI) trust fund remains 2024. Medicare’s costs as a share of GDP are projected to rise from 3.7% in 2011 to 5.7% in 2035. A deficit of $38 billion in non-interest income is projected for 2012, and HI costs are projected to grow to 5.82% of taxable payroll in 2050. Supplementary Medical Insurance (SMI) costs are estimated to increase from 2% of GDP in 2011 to 3.4% in 2035. Estimates of Medicare costs assume implementation of a 31% reduction in physician rates, something considered highly unlikely.

The report notes that once assets have been depleted, tax revenues alone will be insufficient to meet scheduled benefits. Congress will then be faced with the choice of either raising taxes or decreasing benefits: “Taking action sooner rather than later will leave more options and more time available to phase in changes so that the public has adequate time to prepare.”

Report Shows Business Leaders Express Confidence in Oklahoma’s Business Climate

Governor Mary Fallin and the Oklahoma Department of Commerce today announced findings from the FallinForBusiness.com business climate survey.

During December and January, nearly 5,400 business leaders from all 77 counties responded to the governor’s request for input. Their companies represent more than 250,000 jobs and more than 20 percent of Oklahoma’s total workforce.

The large number of survey responses brings a high degree of confidence in the survey results.  The margin of error for questions in the report ranges from 0.9 percent to 1.6 percent, which is a 95 percent confidence interval. Percentages of respondents are similar to state breakdowns for industry, number of employees and geographic dispersion.

“I want to thank all of the business owners and executives who took the time to respond to this survey,” Fallin said. “We asked in-depth questions about their opinions on a wide range of business development factors. We heard from businesses of all sizes, from all areas of the state. Their perspectives are vital to planning our economic future, and we appreciate their investment in our state.”

Secretary of Commerce and Tourism Dave Lopez said Commerce continues to explore the survey’s findings, talking to business and economic development leaders on in-depth issues dealing with business climate strengths and opportunities for improvement, workforce, business expansion and infrastructure, government services, and top challenges facing executives. This additional information will be released in a series of articles over the coming months. The first, Workforce Challenges and Opportunities, will be released on May 15.

Survey feedback will help state leaders identify and better understand the issues existing Oklahoma businesses think are most important to creating jobs and strengthening the state’s business climate.

Oklahoma’s existing businesses are confident.

“Survey findings show Oklahoma is far ahead of national projections in the essential area of business optimism,” Lopez said.

Oklahoma’s business optimism outperforms national rates by almost 20 percent. Seventy-eight percent (78 percent) of Oklahoma business leaders responding said they were optimistic about the future for business in Oklahoma and confident their business will grow in Oklahoma.

Oklahoma is also strong for Entrepreneurs, with 65 percent of Oklahoma business leaders who believe Oklahoma provides a good climate for entrepreneurs.

By contrast, national surveys indicate only 60 percent of U.S. business leaders are optimistic about the growth of their business in the next six months.

“Existing businesses create more than 85 percent of the jobs in our state,” Lopez continued. “For these companies to report a confidence level that significantly exceeds national averages tells us we have a strong foundation for more future growth.”

Oklahoma leaders cite strengths and opportunities for improvement.

The survey asked business owners and executives for feedback on the areas where Oklahoma excels. Respondents scored the state high for: quality of the higher education system (two- and four-year colleges and universities), access to supplies required to conduct business, CareerTech system’s workforce prep programs, affordable housing options for employees and recreational opportunities.

Oklahoma leaders also provided valuable feedback on opportunities for improvement. Survey respondents cited workers’ compensation costs as the number one area needing improvement, followed by access to sufficient public funding sources, business incentives, business assistance programs and business tax structure.

The following information outlines findings in other areas.

Oklahoma businesses are hiring. With Oklahoma’s low unemployment rates, it’s no surprise that 37 percent of state businesses report plans to hire in 2012, compared to 28 percent of national business leaders who expect to hire in the first six months of 2012.i When the time frame is spread out to three years, 69 percent of Oklahoma businesses expect to increase the size of their workforce.

Oklahoma businesses are growing. With 51 percent of state businesses expanding or upgrading existing locations in the next three years, 28 percent adding locations and more than 60 percent adding new products or services, Oklahoma companies are on a steady upward trend. This growth curve far surpasses the projected U.S. commercial expansion rate of only 3.3 percent.

Oklahoma leaders are positive on infrastructure. While CNBC ranks Oklahoma 35th for infrastructure and transportation, Oklahoma businesses are overwhelmingly favorable, with 84 percent reporting sufficient access to resources and infrastructure.

Oklahoma business leaders are less than positive about government services. More than half of company owners and executives do not believe future state legislation will have a positive impact on their businesses and that state employees treat businesses as valued customers. Only half believe the regulatory environment is business friendly.

Oklahoma executives list their top challenges. Survey respondents reported customer loyalty and retention as their top business challenge, followed by increasing sales and growth, managing corporate reputation, managing in an unpredictable economic climate and adapting to change.

The full survey report is posted at FallinForBusiness.com.

OK Attorney General: education workers have no authority

By Tim Talley

The Associated Press

OKLAHOMA CITY — Two of state school Superintendent Janet Barresi’s top administrators who were paid by a private foundation for four months after Barresi took office were not state employees and had no authority at the agency, Attorney General Scott Pruitt’s office said in a legal opinion made public Friday.

The nine-page opinion, requested by Senate Democratic Leader Andrew Rice of Oklahoma City, says state law does not allow an employee or officer to be directly compensated by a private entity or person and that such workers are usurpers who have no authority to carry out official duties.

“The Oklahoma Constitution and Oklahoma statutes unambiguously require that officers and employees be compensated only as allowed by law,” the opinion states. “As a result, the funds used to pay an employee must come from the state treasury.”

The opinion involves two Department of Education administrators, chief of staff Jennifer Carter and communications director Damon Gardenhire, who were paid with private funds after they went to work at the agency when the Republican school superintendent took office on Jan. 10.

Rice, who sought the opinion in February, said it supports the beliefs of Senate Democrats that the two senior administrators were not state employees and had no legal authority to perform any function at the agency.

“Illegitimate actions were being taken by people who are not state officers,” Rice said. “I don’t think it reflects well on the Department of Education.”

Rice said he does not know what consequences the department faces as a result of the opinion and what, if any, actions authorized by Carter and Gardenhire might be affected.

Diane Clay, a spokeswoman for Pruitt’s office, said Friday it is not the attorney general’s role to speculate about the impact of any of his office’s legal opinions. But a statement by Gardenhire said the ruling will have no impact on the Department of Education.

Carter and Gardenhire were initially paid by the 3R Initiative, Inc., Fund, affiliated with the Communities Foundation of Oklahoma, until their hiring could be approved by the Board of Education.

However, the board rejected their employment and that of a third Barresi appointee, finance director Jill Geiger, at a contentious meeting in late January where some board members questioned their qualifications.

Genetically modified corn makes up for 86% of the US supply

It may very well shock you to know just how prevalent GMOs are within the food supply. It’s truly amazing that modified products continue to go unlabeled despite being linked to organ damage — among a barrage of other conditions — in a prominent review of 19 studies.

In fact, nearly 93-95% of US soybeans are genetically modified in order to resist powerful weed-killers that were found to be killing the actual soybeans as well as the weeds. Following current trends, genetically modified food products will make up the majority of the future food supply if a change is not made. For now, that change has been shot down by the FDA — the very organization tasked to defend public health. Just recently, the agency deleted around 1 million signatures from the GMO labeling campaign ‘Just Label It.’

Statistics show how GMO crops and ingredients have skyrocketed in even the past few years. Here are statistics as of 2009-2010:

·         Genetically modified soybeans currently make up for 93-95% of the US soybean supply.

·         Genetically modified corn currently makes up for 86% of the US corn supply.

·         Genetically modified cotton currently makes up for 93% of the US cotton supply.

·         Genetically modified canola currently makes up for 93% of the soybean supply.

·         Genetically modified Hawaiian papaya currently makes up for 93% of the Hawaiian papaya supply.

When viewing these statistics, it is easy to see how many consumers are being tricked into consuming genetically modified foods. Amazingly, in a poll conducted by ABC, more than 93% of Americans feel that products containing GMOs should be labeled – meanwhile, these individuals are actually unknowingly consuming GMOs on a daily basis. What it comes down to is that as long as the threat is not visible, many consumers will simply purchase commercial products without thinking about the consequences. This is exactly why Monsanto and others have been squelching attempts to label products that contain GMOs.

A bipartisan group of 55 members of Congress urged the U.S. Food and Drug Administration to require the labeling of genetically engineered (GE) foods.

The 45 House members and 10 senators joined in supporting a legal petition filed last year by the nonpartisan Center for Food Safety (CFS) on behalf of the “Just Label It” campaign that foods with genetically modified (GM) ingredients be labeled accordingly.

Such a requirement would “protect consumer rights and prevent consumer deception” in the marketplace, said the letter led by Senate Environment and Public Works Committee Chairwoman Barbara Boxer (D-Calif.) and Rep. Peter DeFazio (D-Ore.).

“FDA’s regulatory regime for food labeling is inadequate and uses 19th century concepts to regulate 21st century food technologies,” reads the bicameral letter sent Tuesday to FDA Commissioner Margaret Hamburg

A 1992 policy statement the FDA allowed GE foods to be marketed without labeling provided they were not “materially” different from other foods in such a way that could be recognized by taste, smell or other senses.

“The outdated standard has no legal basis in the statute and was adopted by FDA despite a lack of scientific studies or data to support the assumption that GE foods are not materially different from conventional foods,” CFS said in a statement.

A copy of the letter from members of Congress is available at http://www.centerforfoodsafety.org/wp-content/uploads/2012/03/Final-Signed-GE-Labeling-Letter.pdf.