Friday, January 31, 2020

How To Exempt Your Child From Statewide School Testing


By Michelle Ball, California Education Attorney for Students since 1995

As we all know, our kids are required to take state mandated educational tests, such as the CAASPP (California Assessment of Student Performance and Progress), to evaluate where they are in relation to grade level standards.  Most parents have their kids participate.  However, parents may exempt their child from these tests, and have the right to, if they take a few simple steps.

First, why would a parent EVER want to exempt their child from state tests?  There are many reasons:

a)  They feel their child's self-esteem goes down after they see their scores or after the testing sessions, due to confusion.
b)  They don't want their kid to have to endure lengthy and grueling testing.
c)  They don't see the value in the testing.
d)  They just don't want them to take any more government sponsored evaluations.
e)  Other reasons.

So, what do they do about it?

Parents are supposed to be notified annually their child will particiapte in state testing (see 5 CCR-California Code of Regulations §852), and should also be notified of their right to opt out of these tests.  Often this notification will be in the school handbook or in other general school communication.


Notwithstanding any other provision of law, a parent’s or guardian’s written request to school officials to excuse his or her child from any or all parts of the assessments administered pursuant to this chapter shall be granted.

Per the state regulation, 5 CCR§ 852(c):

A parent or guardian may annually submit to the school a written request to excuse his or her child from any or all parts of any test provided pursuant to Education Code section 60640 [CAASPP] for the school year. If a parent or guardian submits an exemption request after testing has begun, any test(s) completed before the request is submitted will be scored and the results reported to the parent or guardian and included in the pupil's records. An LEA [local education agency] and its employees may discuss the CAASPP assessment system with parents and may inform parents of the availability of exemptions under Education Code section 60615. 

These laws give parents the right to pull their children from participation in the CAASPP assessment system.  

To achieve the withdrawal, the school or district can be contacted to see if they have an excusal form, or the parents can simply write a letter citing that they are excusing their kids from the testing.  Citing the above laws in the letter also couldn't hurt. 

Parents need to follow up to ensure this is actually implemented, as I have seen some teachers not get the message prior to testing and an excused child could be subjected to testing improperly.

Students should be given alternate supervision and work during the time of the testing, but should not be punished nor retaliated against due to refusing to be tested.  

Parents may be pressured to withdraw their excusal, but can stick to the excusal regardless and give their kids a break from hours of tests.

Best,

Michelle Ball
Education Law Attorney 

LAW OFFICE OF MICHELLE BALL 
717 K Street, Suite 228 
Sacramento, CA 95814 
Phone: 916-444-9064 
Email:help@edlaw4students.com 
Fax: 916-444-1209
[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

READ MORE - How To Exempt Your Child From Statewide School Testing
Are media exaggerating coronavirus threat?
A few years ago during an Ebola outbreak, the media were rightly accused of stirring up unnecessary fear, even hysteria. As news is disseminated about the coronavirus, are media once again unnecessarily exaggerating an international viral outbreak?

First, a bit of history. Media Matters and others blamed the media for creating undue anxiety during the 2014 Ebola outbreak.  “A (2014)  Rutgers-Eagleton poll of New Jersey residents found that 69 percent were at least somewhat concerned about the deadly disease spreading in the U.S…Poll director David Redlawsk cast an eye of blame on the news media. “The tone of the coverage seems to be increasing fear while not improving understanding,” Redlawsk told a reporter. “You just have to turn on the TV to see the hysteria of the ‘talking heads’  media. It's really wall to wall. The crawls at the bottom of the screen are really about fear. And in all the fear and all the talking, there's not a lot of information."

The examples of overblown coverage included CNN, which invited onto the network a fiction writer who wrote an Ebola thriller in the 1980’s to hype unsubstantiated fears about the transmission of the virus…On  Fox News, Elisabeth Hasselbeck demanded that we put the country on lockdown, banning all travel in and out. Fox host Steve Doocy suggested the CDC was lying about Ebola because they’re “part of the (Obama) administration.” Fox also promoted a conspiracy theorist who claimed the CDC was lying when they cautioned people not to panic.”

How does this compare to current coverage of the coronavirus?

A small study by the Center for Global Peace Journalism using the news database Nexis Uni shows that media coverage has largely been hysteria-free. Between Jan. 20 and Jan. 28, the study maxed out at 10,000+ hits for stories containing the term “coronavirus.” Of these, only 375 stories contained the terms “coronavirus” and “pandemic”; 637 “coronavirus” and “crisis”, 501 “coronavirus” and “panic”, 569 “coronavirus” and “precautions,” and 44 “coronavirus” and “wildfire.” Thus, only a small percentage of stories contained any potentially inflammatory language. Even when those terms did appear, an informal perusal found that many were used neutrally (“not a pandemic”, “a crisis only in China”, etc.)

Contributing to this measured, responsible reporting was an editorial in the Kansas City Star on Jan. 29 whose title says it all: “Potential coronavirus case in Lawrence is a reason for caution—but not panic.” It quoted a Kansas City public health official who said he’s more worried about panic over the virus than the virus itself.

The danger of needlessly inducing panic would thus far seem to come from online misinformation. According to Poynter,  “An army of at least 48 fact-checking organizations from 30 countries has been working since (Jan. 24)  to debunk false information about the 2019 novel coronavirus. So far misinformation regarding the launch of a miraculous vaccine has been the largest trend, followed closely by a huge amount of fake data about the source of the fatal illness. Conspiracy theories come in third…For example, in the United States, Lead Stories, Fact-Check.org and PolitiFact debunked dozens of erroneous. social media posts…”

Debunking misinformation, coupled with responsible reporting by traditional media outlets, is essential during the virus’ outbreak, especially given that 74% of Americans are either very or somewhat concerned about the virus spreading into the U.S. (Morning Consult Poll, Jan. 27). These opinions run counter to those of the CDC which says the risk of the virus spreading to the U.S. is low.

Media and their fact-checking cousins need to keep debunking misinformation about the coronavirus while they continue to provide perspective while not provoking panic.

READ MORE -

Wednesday, January 29, 2020

Indian agriculture has been in distress for over two decades. Why couldn't economists see it earlier?



Pic courtesy: The Hindu

It was in 2013, when just prior to the inauguration of the annual World Economic Forum (WEF) jamboree at Davos in Switzerland, Oxfam too released its annual global inequality report. Estimating that the richest 100 families in the world had added $ 240 billion to their wealth in a year, the report said the amount of wealth concentrating in the hands of top 100 was good enough to wipe out global poverty four times over. If only that report had been heard and action taken to reduce global poverty, the widening inequality could have been contained.  

A few days back, Oxfam released its latest ‘Time to Care’ report ahead of the 50th Annual Meeting of the WEF. While it once again clearly brought out how the concentration of wealth in the hands of world’s 2,153 billionaires had accentuated over the years, almost equalling the wealth in the hands of 4.6 billion people or 60 per cent of the global population, it also pointed to the worsening inequality in India. India’s richest 1 per cent holds more than four times the wealth that exists in the hands of 95.3-crore Indians forming 70 per cent of the country’s population. In addition, the combined wealth of India’s richest 63 families was higher than the Rs 24,42,200-crore outlay of the Union Budget for the financial year 2018-19.   

Coming at a time when all eyes are on Budget 2020, it will be interesting to see whether the Finance Minister Nirmala Sitharaman will make an attempt to correct this historical distortion in economic approach. With growth hitting an 11-year low and that too on the back of an economic slowdown, and with big business drumming up fears of fiscal slippage if she resorts to increased government spending so as to spur rural demand, I doubt if the credit rating agencies and the economists working with brokering agencies will allow for any policy space to be utilised for bridging the widening inequality. Already, enough noise is being created in the mainline media warning against any fiscal exuberance, suggesting big-bang measures which harbours on more of the same and therefore keep fiscal deficit within the target proposed.  

At a time when fall in consumption and investment are being considered as the reasons behind the economic slowdown, any meaningful attempt to enhance rural spending will come from providing more income in the hands of the rural poor, which will also go a long way in addressing growing inequality. Regardless of what credit rating agencies have been suggesting, the Finance Minister will have to defy the contours of the predominant economic thinking that has pushed the economy on a downhill slide. An economy which caters to serving the consumption needs of 10 per cent of the population must now look beyond, and as the Prime Minister often says to translate into Sabka Saath Sabka Vikas.   

In other words, Budget 2020 provides a perfect opportunity to set the economic imbalance right.

In economic terms, everything boils down to creating demand. More the demand more is the economic growth. And it is primarily for this reason the 7th Pay Commission was hailed by India Inc as a booster dose for the economy. After all, more income into the hands of employees would mean more demand, and thereby more consumption. Similarly, any further relief in personal income tax is expected to leave more surplus money into the hands of urban middle-class thereby giving consumers more to spend. But again, this fits into an economic thinking that restricts all measures to cater to consumption needs of 10 per cent of the population. On the other hand, I have always argued that unless growth is inclusive the economic benefits will not reach the masses. Considering that bulk of the rural poor comprises farmers and farm workers, the focus has therefore to shift to agriculture.

Of the 95.3-crore Indians that the Oxfam report talked about, at least 60-crore are engaged directly or indirectly with farming.  The first and foremost step is to start viewing agriculture as part of the formal economy. Agriculture should not only be seen as a sector whose only contribution is to ensure that food inflation does not cross the four per cent (plus or minus two per cent) limit as laid down under the Reserve Bank of India (RBI) macro-economic policy, but should be seen as a sector that can create economic buoyancy. More so, at a time when the bottom 60 per cent population holds only 4.8 per cent of the national wealth. This is because agriculture unfortunately has been kept deliberately impoverished so as to keep economic reforms thriving as a result of which agrarian distress remains largely pronounced. According to the Economic Survey 2016, a report that I have often quoted, the average farm income in 17 States of India stands at a paltry Rs 20,000 a year. In other words, farming families in roughly half the country, survive on less than Rs 1,700 a month. At such low incomes, the share of agriculture in country’s GDP is bound to remain low.

The IMF says that declining rural demand has pulled down India’s growth, which in turn has pulled down global GDP. This became known to IMF (and for that matter to mainline economists) only when India’s GDP figures slipped down to less than 5 per cent. But even for the past two decades, farm incomes had either remained stagnant or were in the negative, which means rural spending were already low. This fact was never acknowledged. An OECD-ICRIER study for the period 2000 to 2016-17 shows that Indian farmers had lost Rs 45-lakh crore on account of being denied the rightful price. This was followed by a period when according to Niti Aayog, annual growth in real farm incomes had remained at ‘near zero’. However, not even an iota of concern was exhibited by the World Bank/IMF, the credit rating agencies or India’s mainline economists at the extra-ordinary crisis that prevailed in rural India. As long as GDP hovered at 6 per cent and above, economists failed to see the slump in rural demand.

The launch of PM-Kisan scheme in last year’s budget, providing a direct income support of Rs 6,000 per year per farm family (owning land), for which a budgetary provision of Rs 75,000-crore was made, is a ‘tectonic’ shift in economic thinking. As someone who had relentlessly been seeking an income transfer to the farming community, to partly offset the economic loss farmers have been undergoing year after year, I think PM-Kisan is the right vehicle coming at the right time to increase rural incomes. There is no other policy instrument that can reach all farmers. To make a meaningful impact, my suggestion to the Finance Minister would be to provide an economic stimulus package of Rs 1.50 lakh crore over and above the Rs 75,000-crore that is already allocated under the PM-Kisan scheme. This would provide an amount of Rs 18,000 ever year or Rs 1,500 per month (against Rs 500 at present) which is enough to meet some farm expenses like cost of seed, manure and bio-pesticides. This may not sound to be of much significance for those living in the cities but imagine the implications it has for the rural poor whose income is hovering around Rs 20,000 per year. In any case, the additional allocation under PM-Kisan scheme will flow back into the markets by way of enhanced consumer demand. An effort should also be made to ensure 100 per cent implementation of this scheme. At present, against a total of 14.5–crore farmers, only about 7.6-crore farmers have been covered till Nov 30. Also, the Finance Minister should expand this scheme to benefit tenant farmers.

When farm incomes are low, it has negative fallout on farm workers. According to a study by the Centre for Monitoring Economy (CMIE), in the past one year, 2018-19, almost 1.1 crore people lost their jobs. “Estimated 91-lakh jobs were lost in rural India, while the loss in urban India was 18-lakh jobs. Rural India accounts for two-thirds of India’s population but it accounted for 84 per cent of the job losses,” the report said. Several other studies have shown farm wages declining to its lowest in past five years, and massive job losses being faced by both farm and non-farm workforce. Even the MNREGA scheme, for which a budgetary provision of Rs 61,084-crore was made under revised estimates for 2019 fiscal, numerous reports of payments not being made in time have appeared. To bring the economy back on track, my second suggestion would be to enhance MNREGA budgetary allocation by another Rs 10,000-crore, taking it to Rs 70,000-crore for fiscal 2020.

While the Rs 25,000-crore corpus for last-mile funding for stalled housing projects may help the construction industry, another stimulus of Rs 25,000-crore is needed to prop up the Zero Budget Natural Farming (ZBNF) initiative that the Finance Minister had mentioned in last year’s budget but refrained from making any budgetary provisions. Drawing from the successful reach of the ZBNF programme in Andhra Pradesh, where approximately 5.85-lakh farmers have been shifted from chemical farming systems, it is time to replicate organic cultivation in erstwhile Green Revolution areas, which are faced with severe crisis in groundwater depletion as well as environmental contamination. In addition, an allocation of Rs 500-crore be also made to set up Farmer Markets in major urban centres. This should be to encourage the supply of chemical free farm produce to the health conscious urban population.  

And finally, I expect the Finance Minister to launch an Ease of Doing Farming initiative on the lines of ease of doing business. After all, if 7,000 steps for ease of doing business can be laid out for the industrial sector, agriculture too needs it desperately. At every step, linked to production and marketing, a farmers faces obstacles that are primarily because of lack of governance. This will go a long way in making agriculture an economically viable and environmentally sound enterprise. A vibrant agriculture will create so much of demand that the wheels of development will never be faced with a slowdown. Try it, to experience it. #

Source: 'Ease of Doing Agriculture' is the way forward. National Herald. Jan 31, 2020
https://www.nationalheraldindia.com/opinion/ease-of-doing-agriculture-is-the-way-forward?fbclid=IwAR2j0nI_Zg5XA1MMD6z77toBjeFfYZpy-eHubUqcXKtQ6VpVYkdeegq3oG8  

READ MORE - Indian agriculture has been in distress for over two decades. Why couldn't economists see it earlier?

Tuesday, January 28, 2020

In House School Suspensions- What Rights Do Parents And Students Have?

By Michelle Ball, California Education Attorney for Students since 1995

There is a lot of focus in schools on the "big" discipline: out of school suspension (typically just called "suspension") and expulsion, and how to confront and handle these, but what about an In House School Suspension (IHSS aka IHS:In House Suspension or ISS:In School Suspension)?  What protections apply to a student put on an In House School Suspension?  

First, what is an IHSS?  An IHSS (referred to in the state statutes as "supervised suspension"- see California Education Code §48911.1) is where a student commits a suspendable act, but is allowed to physically remain on the school campus during the suspension time.  The student cannot attend their regular classes during the IHSS and it can extend from one period up to 5 days.

Parents often overlook IHSS as "nothing to worry about" as the child gets to stay at school and it does not impact anyone's schedules.  But, these "little" suspensions later need to be mentioned as a form of suspension on various college applications, depending on the college one may attend.  

Parents have rights, even with IHSS's.  Here are some rights that most parents don't even know they have:

1)  Right to telephone or in person notification st the time the the IHSS starts, California Education Code §48911.1(d)

2)  Right to written notice of the IHSS if it will go longer than one period (although the code does not say when), California Education Code §48911.1(d)

3)  Right to have an IHSS imposed only when "other means of correction" fail to bring about proper conduct.  However, IHSS would not be allowed if the student presents an "imminent danger or threat to the campus, pupils, or staff," or if an expulsion is being pursued, California Education Code §§48900.5; 48911.1(a).

4)  Right to a pre-suspension "hearing" where the student is presented with the evidence, and has the ability to defend themselves, California Education Code §48911(b).

5)  Right to be notified of the "other means of correction" attempted during the suspension "hearing," California Education Code §§48900.5, 48911(b).

6) Right to ask teachers for work, and the teachers to provide work.  If there is no work from the teachers- other work will be assigned, California Education Code §48911.1 (c)(4).

7)  Right during the IHSS to have access to "appropriate counseling services," California Education Code §48911(c)(2).

8) If the IHSS was assigned by a teacher, the parents should be contacted by the teacher to set up a conference about the suspension, California Education Code §48910(a).

9)  Right to appeal the IHSS if for a first time offense, and other means of correction were not applied (within certain parameters- not all are appealable on the first time), California Education Code §48900.5.

IHSS are not nothing.  They are lower gradients than regular suspensions, and far better than expulsions, however, they are still a black mark on a student's record and time that a student will be out of their regular classes, which may be significant if they have finals coming up or miss difficult subjects.  Parents should be aware of these and what they mean before they are thrust on their kids so they can act properly when they get that dreaded call at 1:00 on a Friday afternoon.

Best,

Michelle Ball
Education Law Attorney 

LAW OFFICE OF MICHELLE BALL 
717 K Street, Suite 228 
Sacramento, CA 95814 
Phone: 916-444-9064 
Email:help@edlaw4students.com 
Fax: 916-444-1209
[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

READ MORE - In House School Suspensions- What Rights Do Parents And Students Have?

Friday, January 24, 2020

Invisible Emergency




Three weeks after the kharif harvesting season began farmers were unable to get the right price for their produce. Out of the 14 kharifseason crops that were being marketed, a newspaper reported (Oct 26, 2019) that the mandi prices of at least nine of these crops had been ruling much below the minimum support price (MSP) that was announced by the government. Market prices for moong, urad, tur, niger, bajra, jowar, ragi, cotton, soybean and sunflower were about 8 to 37 per cent below the MSP. In addition, market prices of cotton too were short by an average of Rs 500 a quintal (from the MSP) while farmers had a better price realisation only in case of paddy and maize wherein a more assured procurement system operates.   

Well, isn’t that reason to celebrate? If food prices remain low, the household budget remains intact. The nation rejoices when food inflation remains in check. Never bothering to know what happens to millions of farmers who produce that cheaper food.

Let’s look a little further. The price drop in kharif 2019 was no exception. For the past two years, farmers had reportedly sold pulses, oilseeds and coarse cereals at prices that were 20 to 30 per cent lower than the MSP. Across the country, irate farmers had protested at many a places demanding purchase of the crop harvest they had brought to the mandis. Even in case of wheat and rice, the two crops that are largely procured, farmers were unable to get the procurement price except at places where a robust procurement system exists. Primarily for this reason, truck-loads of paddy and wheat are illegally transported all the way from Bihar and Uttar Pradesh to Punjab and Haryana where a vast and efficient procurement network exists. But with the World Trade Organisation (WTO) breathing down its neck, and with autonomous liberalisation in progress, India is under tremendous pressure to dismantle the food procurement and distribution network.

Suddenly, for no apparent provocation, in the midst of the paddy procurement season, the Karnal district administration in Haryana imposed a ceiling on paddy purchase beyond its quota of 13.5 lakh tonnes for the season. While no explanation    available, the government it seems is all set to withdraw from its stated commitment to buy every grain of wheat and paddy that is brought to the mandi. In Punjab too, the Chief Minister has reportedly told a meeting of arhtiyas that he would not be able to make a commitment that the procurement operations next year operates as smoothly as it used to all these years, pointing to a cut in public stock holding limits in future. Perhaps this is the beginning of an end of public procurement, a system that was so assiduously built over the years pulling the country literally out of the ‘ship-to-mouth’ trap, when food aid from across the continents would go directly to feed the hungry population.   

With granaries overflowing now, cutting down on procurement seems to be the policy approach to reduce unmanageable food surplus. But what will happen to millions of farmers, who toil hard to produce bumper harvests, only to find no buyers for their produce? Will the nation evolve a system of adequately compensating the farmers while keeping prices low?

Farmer throwing tomato, potato and onions on the streets is a recurring phenomenon. Add to it the denial of rightful price for most agricultural commodities, and that too year after year, the reasons for the continuing agrarian distress becomes all too apparent. In fact, I have always maintained that when a farmer undertakes crop cultivation what he does not realise that he is actually cultivating losses. This is appropriately illustrated in an analysis in the Down to Earth magazine (Feb 16-28, 2019) that clearly showed that against a production cost of Rs 32,644 per hectare for wheat, a farmer is able to get only Rs 7,639 leaving a huge shortfall of Rs 25,005 per hectare. In the case of paddy, the loss is Rs 36,410 per hectare; for maize, the gap is Rs 33,688 and for arhar the loss works out at Rs 26,480 per hectare.

Take another case. In response to an RTI application, the Department of Agriculture, Haryana, had replied saying that against the estimated cost of production of wheat at Rs 2074 per quintal for the 2018-19 marketing season, the procurement price was Rs 1,840 per quintal, which means a loss of Rs 234 per quintal. Similarly, for cotton the procurement price was Rs 5,450 per quintal against an average cost of production of Rs 6,280 per quintal, showing a loss of Rs 830 per quintal. With procurement prices deliberately kept low, agriculture becomes a loss making enterprise, and sooner or later farmers are left with little choice but to quit or continue to slog under distress all through life. For the Commission for Agricultural Costs and Prices (CACP) – which works out the MSP for 23 crops – the mandate is not only to provide an assured price to farmers but to maintain a balance with international prices thereby ensuring that the procurement price it fixes does not fuel inflation. The higher the food inflation, the higher will be the pressure on industries to provide higher wages to workers. The higher the wages for industrial workers, the more is the possibility of economic reforms going awry.

Farmers alone therefore are left to bear the burden of keeping food inflation low. They are silently bearing the cost of subsidising the consumers.

The cost of keeping food inflation low has been unprecedented. A brute illustration of the staggering cost farmers had to pay to keep food prices under check comes out very clearly from an OECD-ICRIER study, which computes that between 2000-01 and 2016-17 – a period of 17 years --  farmers suffered a cumulative loss of Rs 45-lakh crore on being denied the rightful price for their produce. It estimated the loss per year for farmers at Rs 2.65-lakh crore based on a negative Producer Support Estimate (PSE) Index of (-) 14.4 per cent. PSE tells us what percentage of farm revenue came from policy support. In case of India, farmers suffered because of trade restrictions, low prices and huge gaps in marketing policies, including shortfall in assured procurement. But an interesting point here is that the loss to farmers actually works out to be the gain for consumers. Perhaps that’s the reason why the shocking estimates of massive losses suffered by farmers didn’t draw any outrage from the middle class.

While the government gets a pat on the back for keeping food inflation under control, it is difficult to even visualise the trauma and suffering a farming family has to undergo after being denied the rightful price for their produce; the hardship families have to suffer when farmers dump tomato or potato or garlic onto the streets out of sheer frustration arising from a price crash in the markets. The denial of rightful income increases their dependence on farm credit as a result of which household indebtedness has multiplied over the years. The increasing debt burden is the primary reason for the spate of farm suicides the country is witnessing, and which (the data) the government has been withholding after 2016. According to the National Crime Record Bureau (NCRB) as many as 3,18, 528 farmers had committed suicide between 1995 and 2015, a stark reminder of the severity of the crisis.

When prices slump, the small farmers are first to bear the consequences, often fatal, but forcing them to abandon agriculture and migrate to the cities looking for menial jobs. On the other hand, increasing migration from rural to urban areas is seen as a sign of economic growth. In fact, the policy emphasis has remained on moving people out of agriculture into the cities which are in need of dehari mazdoor (cheap labour). The continuous slide in real farm incomes therefore has only helped create conditions that forces farmers to abandon agriculture and migrate. According to Niti Aayog, the growth in real farm incomes in the 5 year period between 2011-12 and 2015-16 has been less than half a percent every year, 0.44 per cent to be exact. In such a dismal scenario, what do we expect farmers to do except to quit farming and migrate?  

As rural distress deepened, several studies have brought out the grim realities that continue to hit farm and non-farm workforce in rural India. When farming is in deep economic crisis, it will definitely cast a shadow on the workforce it is generally dependent on. With Gross Value Addition (GVA) in agriculture dropping to its lowest in 14 years, a  report by Centre for Monitoring Economy (CMIE) showed that in the past one year, 2018-19, almost 1.1 crore people lost their jobs. “An estimated 91-lakh job were lost in rural India, while the loss in urban India was 18 lakh jobs. Rural India accounts for two-thirds of India’s population but it accounted for 84 per cent of the job losses,” the report said. Earlier, a leaked Periodic Labour Force Survey 2017-18 report of the National Sample Survey Office (NSSO) had shown that 3.4 crore casual labourers in rural areas, of which 3-crore were farm workers, had lost job between 2011-12 and 2017-18. This represented a 40 per cent drop in casual farm workforce.

The demise of agriculture therefore is clearly embedded in the economic design. Keeping food prices low has been the bane of agriculture. Besides low prices, the continuing bias against agriculture is evident from the low public sector investments. As per the Reserve Bank of India, public sector investment in agriculture hovered around 0.3 to 0.4 per cent of the GDP between 2011-12 and 2016-17. Such low public sector investment pulled private sector investments down in the process, reaching a low (in combined investments) of 2.2 per cent of the GDP in 2016-17. With low investments and low output prices it is futile to accept a miracle to happen in agriculture. It is therefore quite obvious that the decimation of agriculture over the years is the outcome of an unwritten policy of keeping agriculture deliberately impoverished. It suffers not as much from low productivity (as is often believed) as from deliberately kept low farm incomes.

The immediate challenge is to bring more money into the hands of the farming community, which will create more demand, and in the process reignite the country’s economy. Moreover, if agriculture becomes economically viable and environmentally sustainable, it can take away much of the pressure the country faces in creating additional employment. Agriculture being the largest employer, it alone has the ability to reboot the economy. Especially at a time when the bottom 60 per cent population holds only 4.8 per cent of the national wealth, and a significant proportion of this comprise farmers and farm workers, a refurbished agriculture needs to look beyond the outdated textbook prescription of reducing the population in agriculture, and instead focus on revitalising agriculture. This is the surest way to Sabka Saath, Sabka Vikas.

Since a beginning has already been made with the launch of a scheme to provide direct income support to farmers, a tectonic shift in economic thinking moving from ‘price policy’ to ‘income policy’, one measure could be to double the allocation under PM-Kisan programme. At present, an amount of Rs 6,000 per month is being provided to landowning farmers, in three equal installments. Effectively this comes to a paltry support of Rs 500 per month, and needs to be raised to make a real difference. I am hoping that sooner than later, the direct income support will be enhanced to Rs 5,000 a month. This will supplement income support measures that have been launched in several states, beginning with the innovative Ryathu  Bandhu scheme in Telengana.

This has to be followed up by setting up a more elaborate mechanism to ensure a minimum monthly assured income of Rs 18,000 per month per farming family. The idea is not to issue a cheque every month but to evolve a mechanism to provide farmers with an assured monthly income based on crop productivity and geographical location of the farm. Among several other steps to bring in structural reforms that agriculture is crying for, agriculture needs to come up with an index for ease of doing farming. If 7,000 steps, big and small, can be created for the industry under the ease of doing business norms, I see no reason why agriculture should not receive the same benefit in governance and implementation issues.    

At a time when the average farmer in the United States receives a direct income support of $ 60,586 (Rs 42 lakh); $ 10,149 in Japan; and $6 ,762 in European Union; what the Indian farmer gets is too meagre. A farmer needs to be adequately compensated for the loss he/she incurs in providing cheap food. Let’s be clear, a farmer cannot be penalised anymore for growing food. The nation must stand with the farmers in this crisis and find a suitable template to provide them with a real income (and an annual increment) that is at par with other sections of the society. #

Source: State of Environment 2020. 
READ MORE - Invisible Emergency

Sunday, January 19, 2020

Peacebuilders inspired, concerned at Rotary World Peace event

(Ontario, California)--Like most attendees at the Rotary World Peace Conference last weekend in Ontario, CA, I came away with mixed feelings. On the one hand, I depart deeply concerned about conflicts that plague our world. On the other hand, I head home encouraged and inspired by the amazing work being done by Rotarians and others in the cause of world peace.

My presentation on the basics of peace journalism typifies this binary. I started my presentation with

a discussion about low public approval ratings of the media, and the ills that plague the profession. Then my talk took a hopeful turn as I described peace journalism and its ability to create an atmosphere conducive to peace without compromising the principles of good journalism. A large, engaged audience showered me with perceptive questions both during and indeed after the presentation. One attendee wanted to know if anyone is practicing peace journalism. I mentioned the Guardian, Nicolas Kristof, and many radio journalists in Cameroon and Uganda as positive examples.

It was interesting to see many of the themes I touched upon in my talk echoed by other speakers at the conference. This includes the need to reject “us vs. them” constructs, and to give a “voice to the voiceless” in everything we do.

The other speakers were truly amazing.

Azim Khamisa’s son was killed by gang members 25 years ago. Instead of retribution, he launched the Tarik Khamisa Foundation, dedicated to breaking the cycle of youth violence. “There is nothing quite as painful as a broken heart,” Azim Khamisa told the approximately 1,000 attendees. “But a broken heart  is an open heart” that can be taught to embrace empathy and compassion.

Dr. Ira Helfand spoke movingly about the potential horrors of nuclear war, and of the need to eliminate all nuclear weapons. He urged the attendees to get involved in a group called Rotarians for a Nuclear Ban. Helfand’s organization, the International Campaign to Abolish Nuclear Weapons, won the 2017 Nobel Peace Prize.

Dr. Fazim Alvi broke the attendee’s hearts with horrifying, tragic stories about the Rohingya genocide in Myanmar. She has traveled on medical missions to refugee camps in Bangladesh that house Rohingya refugees. Alvi is haunted  by the unsanitary, dangerous conditions there, and by the faces of children she met in the camps, including one she calls simply “girl crying” because she never got her name. “I can still feel her pain. Her eyes tell me stories of injustice…Her face is driving me to do this advocacy work,” Alvi said. She urged the audience to pressure the Myanmar government to end the genocide.

The conference featured dozens of examples of Rotarians working for peace. Rotarian Hardeep Girin from Australia discussed his initiative, “World Made Good,” that produces free videos for NGO’s that tell stories to benefit both the NGO and its clientele.  An effervescent Barbara Muller discussed her initiative called peaceposcast.org, and urged her audience to launch their own peace podcasts. She also encouraged her audiences to get involved in the Rotary E-Club for Peace—www.rotaryeclubofworldpeace.org. The E-Club seeks to bring together experts and peacebuilders to discuss problems and solutions facing the world, and encourages its members to create peace at home and in schools; become peace advocates at work and in the world; and create understanding and collaboration among religions, among other things.

A large exhibition hall featured dozens of Rotarians and others eagerly passing out brochures about their outstanding projects, including a Russia-U.S. Friendship initiative; a variety of clean water projects; the Open World exchange program, the Rotary Malaria Symposium; Project Peanut Butter to battle malnutrition; Kherut, an anti-trafficking NGO; the Rotarian Action Group for Family Safety; Creating Friendships for Peace; Hands of Peace, an initiative uniting Israeli and Palestinian youth; the Free Wheelchair Mission, and the Rotarian Action Group for Peace (https://www.rotarianactiongroupforpeace.org/).


While the conference underscored the great deal of work ahead for peacebuilders, it was a valuable reminder that those working for a peaceful world are not alone.  

READ MORE -

Four priorities for Finance Minister in Budget 2020



Pic courtesy: Business Today

There are three very significant findings that should shape the lists of economic measures that the Finance Minister Nirmala Sitharaman is expected to spell out while presenting the budget on Feb 1. Especially at a time when the challenge is to pull the country out from an economic slowdown, a few corrective steps in the right direction can surely pave the way for churning back the stalled wheels of growth.

A few months’ back media had talked about people thinking twice before buying a pack of biscuits costing Rs 5. This was followed by a consumer expenditure survey report of the National Sample Survey Office (NSSO) – which was later shelved by the government – concluding that the purchasing power of the rural poor is on a decline, computing that the poor in the villages are able to spend only Rs 19 a day to buy food. And more recently, the Niti Aayog itself has acknowledged in a report on Social Development Goals (SDG) Index 2019 released a few weeks back saying that poverty, hunger and inequality has grown in 22 to 25 States and Union Territories.

Taking these three reports together, and weaving a set of measures that brings more money into the hands of the poor, is what will drive the economy. This is what mainline economists call as generating more demand. Most economists agree that the problem is on the demand side, which means unless the poor is able to purchase a Rs 5 packet of biscuits without thinking twice, and unless the rural farm and non-farm wages show an upward trend, which in turn depends largely on revival of agriculture. With farm incomes dipping to the lowest in 15 years, and farm wages on the decline for the past five years, rural spending continues to be low thereby pulling down rural demand.

In other words, since agriculture engages nearly 50 per cent of the population, and has the potential to re-energise the dampening rural economy, Finance Minister’s focus should be on providing more income into the hands of farmers. In any case, let’s not forget that growth in real income of farmers has been almost ‘near zero’ in the past seven to eight years. Therefore, tax concessions to the corporate and the middle class can wait, but the poor can’t. In addition, to enhancing the budgetary provisions under MNREGA, the four priorities that Nirmala Sitharaman must focus on are:  

To begin with, providing an enhanced direct income support, through the PM-Kisan Samman Nidhi scheme, should be the first priority. Adding to the financial allocation of Rs 75,000-crore already made in the previous budget, another provision of Rs 1.50-lakh crore needs to be made under this scheme enabling farmers to receive Rs 18,000 per year as guaranteed income, which comes to Rs 1,500 per month. This amount may not be anything significant for the urban middle class but imagine the difference it will make to farm livelihoods in half the country where the annual farm incomes are a maximum of Rs 20,000 per year. This scheme is already applicable to all land owning farmers, and further it needs to be expanded to include tenant farmers. My first recommendation to the Finance Minister therefore is to provide an economic stimulus package for agriculture, which surely will go a long way in boosting rural spending.

My second suggestion is to set up a fund, call it price support fund or farm livelihood fund, under which a cess is imposed on all value added products which are based on agricultural commodities. For instance, Punjab produces 120-lakh tonnes of rice. If a cess of Re 1 per kg is imposed, Punjab alone will generate a price support fund of Rs 1,200-crore from rice. Take another example of Kerala, which produces 40-lakh tonnes of rice, which means Rs 400-crore can flow into the fund. Similarly, for wheat, a cess of Re 1 for every kg of atta sold, will bring in a huge revenue. Add to it major farm products like sugar, dals, milk and milk products, spices, edible oils, cotton textiles etc, a huge fund can be generated every year. Not only major agricultural commodities, value added products and processed foods too need to have a cess imposed, the cess value varying from a product to product depending on its profit margin.

All these years, farmers have been subsidising the consumers. An OECD-ICRIER study shows that between 2000 and 2016, farmers had incurred a loss of Rs 45-lakh crore on account of being denied their rightful income. The report also says that the loss farmers suffered helped consumers get a retail price advantage of 25 per cent. I think the time has come when consumers need to pay back farmers, and contributing through a price support fund is the most appropriate way.

In last year’s budget, Finance Minister had talked about Zero Budget Natural Farming (ZBNF) but had refrained from making any financial allocations. This was followed by the Prime Minister Narendra Modi asking farmers to move away from chemical fertilisers. Speaking on the Independence Day he had appealed to farmers to shun chemical farming. This is a very significant suggestion coming at a time when intensive agriculture is being blamed for at least a quarter of the greenhouse gas emissions (GHGs). Numerous studies globally have shown how chemical agriculture has led to serious environmental destruction, mining of underground water, and contaminated the entire food chain.

Although the name suggests Zero Budget, it does not mean that the promotion and expansion of natural farming does not require any budgetary allocation. My third suggestion to the Finance Minister is to provide at least Rs 25,000-crores for replicating Andhra Pradesh’ experiment with natural farming in a phased manner. This has to be followed up with the creation of a separate marketing network for organic produce.

And finally, lack of adequate marketing infrastructure is coming in the way of farmer’s getting the right price for their produce. Against the requirement of 42,000 Agricultural Produce Marketing Committee (APMC) regulated mandis there exists at present some 7,000 mandis. Although the government had two years back announced upgrading 22,000 village haats, the progress is very slow. Besides speeding it up, adequate allocations need to be made to widen and improve the network of available mandis, and village link roads. #
READ MORE - Four priorities for Finance Minister in Budget 2020

Friday, January 17, 2020

Understanding food price inflation




It was in Nov/Dec 2018 that prices of onions had crashed. Prices had come down to such a low level that at many places farmers were forced to throw onions on the streets. Reports of onion farmers getting a price of less than Rs 2 a kilo adorned the local newspapers. Some weary farmers had even acknowledged receiving a price as low as 30 to 50 paise per kg.

While farmers suffered, consumers were visibly happy. And so were the mainline economists, after all food price inflation had come down to an 18 month low. Consumer food price index had come down to minus (-) 2.65 per cent, pulling down the consumer price index to 2.11 per cent.

Strangely there was no hysterical media drawing the nation’s attention to farmer’s plight. Nor did I see any mainline economist, including those with the credit rating agencies and private sector banks raise concern over the declining farm incomes. This was also at a time when Niti Aayog had acknowledged that real farm income growth was ‘near zero’ continuously for two years. In another study, Niti Aayog had found that in five years to 2015-16, real farm incomes had grown by less than half a per cent every year, 0.44 per cent to be exact. Even this had failed to evoke a policy response from the Monetary Policy Committee of RBI which remains obsessed with keeping inflation low. In the process what happens to the livelihoods of millions of farmers and farm workers is not its concern.

A year later in Dec 2019, when consumer price index climbed to 7.35 per cent, essentially with retail food prices soaring to 14.12 per cent, driven mainly by price rise in onions and to a lesser extent in tomato, pulses, meat and milk, the media as expected went hysterical. The same media which conspicuously kept quiet last year when farmers were severely hit with low prices, is now questioning how the poor will be able to afford vegetables at such high prices. Economists, including those with brokering agencies, are debating whether higher food inflation at a time when the economy is expected to expand only by 5 per cent will lead to stagflation. With inflation going beyond the monetary policy band of 6 per cent (4 per cent, plus and minus 2 percent) and fiscal deficit getting out of control, some economists are even calling for a review of the monetary policy questioning whether it is capable of tackling inflation.

How the monetary policy can control rise in prices caused by supply-side constraints remains a puzzle. Agriculture Minister Narendra Singh Tomar told Lok Sabha that a shortfall in onion production by over 15.8 lakh tonnes has led to the spike in onion prices. This was primarily because of unseasonal rains, which lashed parts of southern and central India after the period when monsoon rains normally withdraw, in the month of September. Nearly 64-lakh hectares area was affected by incessant rains, which extended to early November, causing damage to the standing crops. Much of the rain damage was in Maharashtra and Karnataka which produce nearly 50 per cent of the onion output. While Maharashtra received 1.5 times the average rainfall, untimely rains hit 45 per cent of the area under onion production in Karnataka.

Higher food prices, especially that of onion had also raised the wholesale price index (WPI) to a 7-month high of 2.59 per cent in Dec. But whether the benefit of a higher wholesale price went to farmers was perhaps best reflected by a video of a crying farmer from Ahmednagar in Maharashtra, which went viral on social media, who was able to sell onions for only Rs 8 per kg. At a time when onion prices were ruling at a high of Rs 100 per kg, this farmer said he had employed extra labour to pull out the crop during heavy rains and what he got in return was peanuts. This is generally the story of farmers everywhere.

The benefit of high prices that consumers have to pay rarely percolates down to the farmers. In case of onions, traders purchase the crop when prices are low, store them in godowns, and release it into market when prices are favourable. It is known that a strong cartel of middlemen operates in case of onion trade, a nexus that successive governments have failed to break. Nevertheless, several studies have shown how a battery of middlemen and traders walk away with bulk of the food price rise gains. Market prices of pulses last year for instance had on an average prevailed at 10 to 25 per cent lower than the MSP announced. Tomato, onion and potato are the three major vegetable crops that have been hit time and again by volatility of markets. It is primarily because of low price realisation by farmers that the demand of increasing and extending Minimum Support Price (MSP) to all crops remains steadfast. Even if the MSP does not cover the cost of production that farmers incur at least it provides them an assured price.

If only there was an improvement in supply chain management, which can ensure a higher proportion of the consumer price flowing to the farmers, there is certainly a scope for boosting rural incomes. However, what we are seeing is that when food prices increase, the consumer pays a much higher price without an accompanying increase in farmers’ income. Unless middlemen’s share in the food chain gets minimised or eliminated, there is little hope for farm incomes to increase. #

Understanding food price inflation. Network18.com. Jan 17, 2020


READ MORE - Understanding food price inflation

School Recess Restrictions for Discipline- Are These Okay?

By Michelle Ball, California Education Attorney for Students since 1995

Once in awhile, a parent is surprised when their child tells them they were held in during recess by the teacher, and did not get a break that day.  Unfortunately, this may be partially okay for a teacher to do, depending.  Such restrictions cannot be overused and in fact there are arguments against them entirely.  Our trouble is there are conflicting laws on this issue which create confusion.

I met with a family involved in a discipline dispute with a school district.  During our discussion, it came up that the boy who had gotten into trouble had not had any recesses for a long period of time due to continuing behavior issues.  Although this was not the main focus of our discussion, what the family reported to me was disturbing simply as this was the "new" schedule of this boy, one with NO RECESS.  Additionally, the withholding of his recesses did NOT solve his behavior issues.  This was completely inappropriate and open to challenge.  

Per California Education Code section 44807.5:


"The governing board of a school district may adopt reasonable rules and regulations to authorize a teacher to restrict for disciplinary purposes the time a pupil under his or her supervision is allowed for recess." [emphasis added]

This is the entirety of the statute.  Getting NO recess ever is not reasonable or appropriate.

To add confusion to the matter is Section 352 of the California Code of Regulations, Title 5, which states:


"A pupil shall not be required to remain in school during the intermission at noon, or during any recess."

This regulation seems clear, but conflicts with the authority given in section 44807.5 to restrict recess.  Both laws seem to work against each other.  It is confusing to say the least.  Parents just need to do the best with what they have.

Many districts have policies on recess and recess restrictions, so parents need to start there.  What do their policies say?  If they say "no recess or lunch restrictions" the argument should be over. 

No kid should be kept in from every recess nor should they be kept in an entire period of lunch.  Doing so can be challenged by bringing up the above regulation disallowing this.  If the District brings up  §44807.5 the argument would then exist that holding children in all recess or all lunch is unreasonable and does not comply with §44807.5.  Youths need to get out of the classroom to have a break, run around, and just interact socially with other kids. 

Additionally, if such restrictions are occurring, the school may effectively be put on notice that they need to take action to address the issues.  A Student Study Team (SST) meeting, behavior assessment, or other actions could be in order.

School is not only about academics, but is also about socialization, exercise, life, and fun.  It should not be such that it becomes a prison where a student never gets let out of the cage. That would hardly be beneficial for anyone


Best,

Michelle Ball
Education Law Attorney 

LAW OFFICE OF MICHELLE BALL 
717 K Street, Suite 228 
Sacramento, CA 95814 
Phone: 916-444-9064 
Email:help@edlaw4students.com 
Fax: 916-444-1209
[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]


Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

Published 4/5/11, updated 1/17/20 
READ MORE - School Recess Restrictions for Discipline- Are These Okay?