Wednesday, September 30, 2020

Agriculture Bills: Why are farmers protesting?


Picture courtesy: oneindia.com 

It was some 12 years back, I read a shocking report in New York Times detailing how a small dairy farmer, distressed over falling milk prices, first shot each of his 51 cows and then shot himself. Severe agrarian distress in American agriculture, a citadel for open markets in agriculture, was something unheard of. Reports now say that farm suicide rate in rural America is 45 per cent higher than the urban areas. US farmers now are saddled with a bankruptcy of $ 425 billion.

In India, as per the Shanta Kumar committee report, only six per cent farmers in the country are able to sell at the guaranteed MSP and the remaining 94 per cent farmers are dependent on the markets.. Studies have shown that only an average of 36 per cent of farmers produce was sold in the mandis and the remaining was sold outside to private trade. The question that crops up is that if the markets were so efficient, Indian agriculture shouldn’t have been in the grip of a severe agrarian crisis. In other words, like in America, markets failed to prop up farm incomes in India.  

Aimed at transforming agriculture, and increasing farmer’s income in the process, the contentious farm legislations that have been passed by parliament are expected to bring in private investments in agriculture. But the continuing farm protests in Punjab and Haryana, and now across the country, reflects the apprehension and skepticism farmers carry arguing that liberalising Indian agriculture will actually create private monopolies, and drive out the small farmers. With capital investments flowing in without any regulations and in the absence of any rights-based safety net enshrined for farmers, they fear that in reality the new laws are aimed at providing a complete freedom for the companies.

At the heart of the debate is the raging battle for retaining the Minimum Support Price (MSP). Although the government has time and again assured farmers that MSP and the regulated Agriculture Produce Market Committee (APMC) mandis will stay, it has allowed purchase by private traders outside the premises without paying any market fee. To explain, it means that in Punjab, which has a vast network of APMC mandis linked with village link roads, trading inside the mandis will invite six per cent tax for traders (including rural development fee) but outside the mandis anyone having a PAN card can buy from farmers directly without paying any tax. Farmers fear such a system will make APMC mandis redundant over the years, which in turn also means that MSP too will go away. The fear is not completely unfounded. Over the years, several committees have talked of MSP being a barrier in price discovery and the need to dismantle APMC markets.

The slogan of ‘one country one market’ therefore in reality turns out to be ‘one country two markets’ – one inside the regulated mandis, and another outside its premises. The claim that such a system will allow farmers to get a higher price outside the mandis and if they don’t, they can always come back and sell it at MSP within the mandis is something that farmers have been contesting. Since the government announces MSP for 23 crops, it procures only wheat and paddy and some quantities of cotton, soyabean, pulses, mustard etc. Experience so far has been that the market prices of the 23 commodities for which MSP are announced are often much lower and in the absence of an assured procurement there is no choice for the farmer. Take the case of maize; the ruling market price is between Rs 800 to Rs 1,000 per quintal whereas the MSP is Rs 1,850 per quintal. Farmers have been selling maize at a distress price.

An earlier experiment in bringing in open markets in agriculture in Bihar too has failed to attract private investments, and in the process failed to provide farmers with higher prices. In 2006, there was excitement all around when Bihar repealed the APMC Act. Economists were upbeat saying Bihar will turn out to be the harbinger of a new market-driven revolution in agriculture, but it has been 14 years and nothing like that happened. We are still waiting for the miracle to happen. A 2019 study of the National Council of Applied Economic Research (NCAER) on ‘the experience of Bihar after the abolition of APMC Act in 2006’, had warned: “It is easier to dismantle institutions than build them. The consequences could be very serious for the farm sector and the farming community.” 

Over the years, a number of discrepancies have emerged in the functioning of the APMC mandis. There is cartelisation and at some places even mafias have sprung up. There is definitely a need to therefore reform these regulated markets, remove the political influence and bringing in professionalism in its operations. Considering there are close to 7,000 APMC mandisin the country, the challenge is to set up a total of 42,000 mandis, ensuring that a mandi is made available within five km radius. In any case, even if private mandisare to be set up, there is a need for regulations.

After all, let us not forget that the legendary Sir Chhotu Ram, known to be the man behind Punjab’s mandi system, enacted the Punjab Agricultural Produce Markets Act, 1939, making it mandatory for traders to be registered in the regulated mandis. As Revenue Minister of the erstwhile Punjab province during the days of the British Raj, his basic concern was to free farmers from exploitation in the hands of unscrupulous traders and middlemen. Eighty years later, the policy effort seems to de-regulate trade leaving it open to free markets. While it is alright to blame small traders and middlemen operating in the mandis for the flaws that have crept in, how one can be sure that the big players with larger financial clout will not be in for a bigger ill-treatment, abuse and misuse of the market freedom?

The real freedom for farmers will therefore happen when farmers know, for sure, that wherever they sell, within the mandi or outside the mandi, in Amritsar or in Bangaluru, they will at least get MSP. The need therefore is to bring in a 4thOrdinance which makes MSP (for all 23 crops for which prices are announced) a legal right for farmers, ensuring that no trading happens below it. At the same time, make MSP the price below which no contract farming can take place. Since agribusiness companies and the policy makers are claiming that farmers are being misled and they in reality will get higher prices, making MSP a legal right will help build confidence and trust among the farming community. #



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Tuesday, September 29, 2020

Medical Marijuana Administration And School Discipline

 By Michelle Ball, California Education Attorney for Students since 1995


In 2020, students were granted the right to have medical marijuana administered to them in school by their parent or guardian IF formally authorized by their school district.  The circumstances surrounding this potential opportunity can be confusing and if the law is not followed properly, could lead to discipline.


Per Education Code §49414.1 (aka JoJo's Law), it is up to each school board

if they will implement a policy to allow a parent to administer medical marijuana/cannabis at their schools.  If there is no policy in place allowing this, there is no right to administer medical marijuana at school.

If there is a board policy, per §49414.1: 


(c) The policy shall include, at a minimum, all of the following elements:

(1) The parent or guardian shall not administer the medicinal cannabis in a manner that disrupts the educational environment or exposes other pupils.

(2) After the parent or guardian administers the medicinal cannabis, the parent or guardian shall remove any remaining medicinal cannabis from the schoolsite.

(3) The parent or guardian shall sign in at the schoolsite before administering the medicinal cannabis.

(4) Before administering the medicinal cannabis, the parent or guardian shall provide to an employee of the school a valid written medical recommendation for medicinal cannabis for the pupil to be kept on file at the school.


If your child receives medical marijuana and you would like to administer it to them during their school day, check your district's board of education page to see if there may be a board policy in place.  If there is, it is critical that it is read and understood as far as what exactly IS allowed.  


If a parent does not follow the rules of their district exactly, the student could be disciplined.  For example, if a parent just can't get to school that day, and rather than forego giving the medication, they hand the medical marijuana to the student to stick in their backpack.  This is not allowed and discipline could result.


There remain laws on school discipline allowing suspension or expulsion for possession or being under the influence of marijuana, and this legal conflict has not been addressed.  As such, parents may want to formally confirm that if their child is "under the influence" due to allowed medical marijuana, they will not be punished as this "influence" is medically authorized and allowed by board policy. 


Parents may also want to explore a 504 Plan or Individualized Education Program (IEP) to see if the medication use or administration options (and other supports) may be addressed in one of these plans. 


There is still a lot of confusion surrounding medical marijuana at school, and students get punished for matters relating to cannabis very frequently.  Be sure your child won't.


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

Website, Blog, Twitter, YoutubeFacebook

 

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. This blog may not reflect the current state of the law.

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Thursday, September 24, 2020

Media literacy seminar launches into sea of necessity
As American winds down the road toward the election, it's become abundantly clear, if it wasn't already, that social and traditional media are being weaponized by political operatives and malevolent foreign actors against the American people.

How can we fight back? I think one of the best ways is through media literacy. 

Media literacy is the thrust behind a project I'm spearheading this fall. Sponsored by a Citizen Diplomacy Action Fund Rapid Response award from the U.S. Department of State, the project is titled, “Media Literacy for Students: Lessons from Covid-19.”

It kicked off yesterday with a Zoom conference for Center Middle and Center High School students from Kansas City, and college students from Johnson County Community College (Overland Park, KS) and Park University (Parkville, MO).

Co-presenters Lewis Diuguid (journalist/multicultural education trainer), Allan Leonard (Fact Check Northern Ireland), and I presented the attendees with an introduction to mis, dis, and mal-information and an overview of mis/disinformation in media reports about Covid-19 and the recent civil rights protests. We armed the students with information about how to sniff out fake news (e.g. consider the source, the target audience, double-check info, examine the writer’s motivations, etc.); how to conduct their own fact checking; and how to implement their own basic content analysis study to detect media biases. The students did an excellent job coming up with coding lists designed to discern differences, for example, in reports about hydroxycholroquine (a Covid “cure” promoted by Donald Trump) on Fox News vs. CNN.

The project will continue this fall as students produce a media-literacy themed magazine and podcast. Stay tuned for details.






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Wednesday, September 16, 2020

How People Are Impacted by Violent Media

How People Are Impacted by Violent Media
I was honored to speak at the +Peace “Peacebuilding Action Week” on Monday, 14 Sept. The +Peace team assigned me an interesting topic: How People are Impacted by Violent News.” 

I begin with a quick overview of the ubiquitiousness of violence in news media, which has been well documented by numerous researchers. I put my own spin on the topic, and added a new source of violence (and its accompanying fear) in the media: campaign commercials, and especially those from the Trump campaign. I showed one commercial featuring an older women menaced by a burglar intended to deliver an “unsafe in Biden’s America” message. 

The meat of my presentation, following a break-out discussion asking participants to analyze media images, was on peace journalism, and how it can offer an antidote to the traditional violent narratives that I discussed earlier in my presentation. Specifically as it relates to violence, I offered nine suggestions for applying PJ to reducing violence and sensationalism: 

• Provide context; report trends
• Make crime coverage less episodic 
• Don’t sensationalize 
• Bloody images necessary? 
• Don’t glorify the crime 
• Use neutral language, not: slaughter, bloody, massacre, martyr 
• Call out fear-mongering politicians
• No notoriety for shooters/manifestos 
• Report about solutions 

+Peace’s Peacebuilding Action Week continues Wednesday-Friday this week. “Peace in our homes and communities” is the theme today, followed by “Peace in our Cities Thursday,” and “Peace in our World” Friday. You can register and find out more at https://pluspeace.org/peacebuilding-action-week-2020

 This was my first and, I hope, not my last engagement with +Peace, which “is activating a global movement of people that are invested in building a culture of peace - grounded in our peacebuilding realities & the hope of our collective futures,” according to its website.


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Friday, September 11, 2020

Events spotlight media-social justice, safely covering protests
While the world may have almost come to a stop, peace journalism hasn’t, as evidenced by the two events I spoke at this week. 

The first, on Wednesday, was a Zoom presentation to kick off the annual Greater Kansas City Peacebuilding Conference. I discussed “Media Narratives: Impeding Social Justice.” I led off with a discussion about the divergent partisan narratives of the Black Lives Matter protests (see chart), and went on to explain how this coverage has impeded social justice by inaccurately tarring protesters with a “violent” label and “stigmatizing protesters as deviant and depicting protests as violent.”  Also, such coverage is episodic, and doesn’t generate “substantive information about the event’s background or the grievances or agendas of the movement behind the protest.” (See-- https://journals.sagepub.com/doi/pdf/10.1177/1940161219853517 .) 

Several of the audience questions dealt with how to better inform oneself. This led me, inevitably, into endorsing media literacy. I urged the audience to break out of their ideological news bubbles, and to seek out news that contradicts their worldview. In a nutshell, liberals should watch Hannity and read the Wall St. Journal, and conservatives should read the Washington Post and watch Rachel Maddow. 

The next event in the Greater Kansas City Peacebuilding Conference is a discussion by journalist/activist Lewis Diuguid titled, “Disinformation, Civil Rights Protests, and Social Justice” at 1pm CST on September 21, the international day of peace. To register or read more about the conference, see https://www.jccc.edu/conferences/peacebuilding/

KC BLM protests, by Carlos Moreno-KCUR
My second event on Thursday, sponsored by the International Relations Council, was a Zoom forum on the safety of journalists. I began by giving a brief overview of challenges to reporters posed by both Covid 19 and covering the Black Lives Matter protests. Then, I was joined by KCUR multimedia journalists Carlos Moreno, who detailed his experiences covering the BLM protests in Kansas City.  I talked about threats to press freedom around the world related to Covid, then presented about the arrests and harassment journalists have faced covering the BLM protests. Moreno shared his photos of the protests taken in Kansas City, along with his general impression about his safety. He said that both protesters and police treated him well, and that with the exception of one small incident, he never felt threatened.

We also discussed the Committee to Protect Journalists tips on safely covering protests that include wearing protective gear and utilizing situational awareness. 

 

 


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Wednesday, September 9, 2020

Who is a Resident of a School District?

 By Michelle Ball, California Education Attorney for Students since 1995 

What district a student is a resident of is usually a simple matter isn't it?  Where does one live and what does the online map say?  Regardless, sometimes this can become a tricky and very important issue for kids.  

Where a student resides legally comes up when a family moves, when a student wants to attend a school where their parent works, their parents are in the military, or are taken out of the state, while the child remains behind in California.  Residency status can become critical, and can involve investigations by school districts and termination of attendance if a student is not found a "resident" of the school district where they attend.

The bottom line is to attend a school district one must be a resident of that school district as defined by state law and district policy.  Simply, a resident is a student 

living with their parents within the boundaries of a school district.  A resident is also, per California Education Code Section 48204, defined as:

-  A student who is attending on an interdistrict attendance agreement (transfer) which has been approved (California Education Code section 46600)

- An emancipated minor living within the district

- A student living in a caregivers home in the district (e.g.caregiver affidavit)

- A student in a state hospital in the district

- A student whose parent or legal guardian works at least 10 hours in that district, who has been approved for transfer.  So long as the parent remains employed, this student should be able to attend through twelfth grade without reapplication (California Education Code section 48204(b)(8)).

-  A foster care, family home, or children's institution resident living in the district boundaries.

- A foster care student who remains in their school (but may not live in that area) within the district

Students may also continue to attend a school, although the codes do not address whether they are "residents," in the following circumstances:

- A student whose parent is active military and who is being transferred into the district. (California Education Code section 48204.3)

- A student whose parent has departed the state involuntarily, regardless of where the pupil lived in California prior to the departure (California Education Code section 48204.4)

- A student belonging to a military family who attends and was a resident previously (California Education Code section 48204.6).  The time they are allowed to stay will depend on the grade in which they were/are enrolled.

-  A student who is migratory and attends that district (California Education Code section 48204.7). The time they are allowed to stay will depend on the grade in which they were/are enrolled.

This determination of a student's status as a "resident," is critical for many families, to ensure their kids don't have to switch schools unnecessarily or that a student can enter a particular district or remain at their school of attendance.

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

Website, Blog, Twitter, YoutubeFacebook

 

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. This blog may not reflect the current state of the law.  


[This communication may be considered a communication/solicitation for services]

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Saturday, September 5, 2020

Post Covid-19, future belongs to reviving agriculture


In the midst of an economic slump, reflected through the tumbling of GDP figures for the first quarter of the financial year, agriculture has emerged as the only bright spot. Riding on the back of a bountiful rabi crop harvest, agriculture has in reality turned out to be the real saviour. With kharif sowings exceeding by over 8 per cent, and the monsoon rain behaviour being normal so far, India is expected to be heading towards another record harvest. 

In these depressing times, agriculture alone provides a ray of hope. At a time when the gross value added (GVA) – value of goods and services produced minus the cost of inputs and raw materials that has gone into its production -- declined across the spectrum, agriculture and allied activities grew by 3.4 per cent.   

With most industrial houses pulling down shutter at least for the first two months of the lockdown, economic activity got severely curtailed. The GDP growth therefore tanked by a steep minus (-) 23.9 per cent – the lowest among the 20 big world economies – the sharpest decline since India began computing quarterly GDP numbers in 1996. Add to it the staggering job losses; the economic hit for the average citizen has been too traumatic. Private consumption being limited to essential buying only, salary cuts and leave without pay added to their woes. As if this is not enough, 18.9 million salaried people and another 6.8 million daily wage workers lost their jobs since April, as per the estimates of the Centre for Monitoring of Indian Economy (CMIE). 

This is in addition to the estimated 30 million migrant workers (if intra-state migration is considered, the numbers swells to 80 million) who trudged back home, some walking hundreds of kilometres, carrying their children on their shoulder or in tow, in what is seen as the biggest reverse migration since the days of the Independence. Besides the large numbers, the painful long march in a way brought out the failure of economic policies that had rendered farming uneconomical over the decades. With the cost of production rising, and the output prices remaining stagnant or declining, the terms of trade in agriculture had remained negative. Therefore, instead of making all provisions to bring the migrant workers back to the cities, the effort should now be directed to reverse the economic model that continues to push people out of rural areas. Considering that 70 per cent of the rural households are engaged in agriculture, the time has come to bring the focus back on revitalising agriculture. Turn it into a powerhouse of economic growth.

While the pandemic has certainly exposed the fault lines, it will require a set of new ideas and a strong political will to reshape the new economic agenda that will spur economic growth, create employment and at the same time protect nature and environment. Following the same old prescription of economic growth – sacrificing agriculture for the sake of industry – has outlived its utility, as evident from the extent of reverse migration. Agriculture being the biggest employer, the post-Covid-19 challenge instead should be to strengthen rural livelihoods, bring more income in the hands of the farming community, which alone has the potential to realise the dream of Sabka Saath Sabka Vikas. As Qu Dongyu, the Director General of Food and Agricultural Organistion of the United Nations (FAO) said: “Past progress was sustained by the benign trickle-down effects of strong economies. This is not the case anymore. The facts have changed, and so must our minds.” 

It certainly was not an Act of God that pushed agriculture into the throes of a continuing agrarian distress. Agriculture has in reality been a victim of a biased economic thinking perpetuated by the World Bank/IMF aimed at drastically reducing the dependence on farming. Over the decades, farm incomes have therefore been deliberately kept low so as to bring in macroeconomic stability required to boost growth. With inflation target kept at 4 per cent, plus and minus 2 per cent, and since food items carry a relatively higher weight in the computation of consumer price index (CPI), farmers ultimately end up paying the price of keeping food inflation low.

Take the case of paddy procurement price for the ensuing kharif harvest season. While the MSP has been increased by 2.9 per cent, the Commission for Agricultural Costs and Prices (CACP) has acknowledged that the composite input prices for paddy cultivation have increased by 5.1 per cent. 

In any case, fixing the procurement prices keeping in consideration the fallout it will have on inflation is one of the objectives of the CACP’s farm price policy. Even during the lockdown, when agriculture performed well, retail inflation for farm workers being higher than the gain in farm incomes, farmers in reality suffered income losses. This is borne by a joint survey conducted by Gaon Connectionand Centre for the Study of Developing Societies (CSDS) which showed that a majority of the farmers did not receive the right price (equivalent to MSP) for their produce. Several other studies over the years have shown how the farm prices have remained static or frozen.   

That is why I have always maintained that when farmers undertake cultivation they do not realise they are actually cultivating losses. 

It is agriculture that is actually crying for bold reforms. Agreed, in its present form, agriculture cannot emerge as the engine of growth. But let’s not forget, a healthy agriculture requires a prosperous farming community, which is only possible if the emphasis shifts to ensuring a significantly higher and an assured monthly income to farmers. This has to be accompanied by a sharp increase in public sector investments in agriculture, health and education. Is this possible? Of course, it is possible provided the mainline economic thinking changes with the changing times.  

 Agriculture served as the lifeline during the pandemic. The challenge now is to ensure that agriculture no longer remains the laggard but becomes an equal partner in growth. That’s the new normal that India should shift its policy direction to. 

Agriculture comes up trumps. The Tribune. Sept 4, 2020 https://www.tribuneindia.com/news/comment/agriculture-comes-up-trumps-136054?fbclid=IwAR1xb7L964sY8zfYWJovpP0YEofPCnUgSSAv1xv8jdfoBbIZtPzrga-kQe0 



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