thursday, October 29, 1981 lincoln, nebraska vol. 107 no. 47 Copyright Daily Nebraskan 1981 H earing on non-public schools focuses the debate By D. L. Horton The Nebraska Legislature's Education committee hearing on non-public schools packed the hearing room. Testimony also was broadcast by closed circuit television to a hearing room across the hall. The subject of the hearing was the high ly controversial issue of state regulation of non-public schools. From the beginning of the hearing, Sen. Gerald Koch stressed "We are not here to deal with emotions," and added that he would clear the room of anyone not able to control his feelings. Koch had to repeat his threat once during the testimony when some members of the audience burst into applause during testimony supporting total freedom for private schools. State's responsibility Opening testimony from Dale Siefkes, legislative analyst for the education com mittee, stressed the three-pronged respons ibility of the state: compulsary attendance, curriculum outline and certification of teachers. However, testimony gradually brought out the much publicized question of teacher certification by the state. R. McLaran Sawyer, a history of educat ion professor in the UNL Teacher's Co lege, said that Protestant clergy have tra ditionally supported free public education. He set the stage tor further testimony by saying that it is within the power of the state to enforce the same standards for public and private schools. "Should children who attend non-public schools be denied the protection of the state?" Sawyer asked. The remark was met with moans from the back of the hear ing room. DeCamp's bill Sen. John DeCamp sponsored a bill last session to excuse non-public schools from the state regulation requiring teachers to be certified. During his testimony DeCamp said that the goals of both public and non-public systems is to provide an education for the state's children in a safe environment. He said that Christian schools have showed their good faith by complying with state regulations for health and safety, provid ing records of attendance to the state and submitting curriculum for state ap proval. He told the senators that the present system may be wrong and "maybe there are equivalencies" the state can use to assure the suitability of teachers. He sug gested that teachers be tested instead of accredited by the state. He said children could be given standardized tests to see if they learn from these teachers. Jerry Falwell "If you don't look at it (alternatives to certification) it starts bringing in the Jerry Falwells, whether you think they're great or lunatics," DeCamp said. Ron Joekel, associate dean of UNL Teachers College and a certification offic ial, explained current criteria for certify ing Nebraska teachers. The prospective teacher must have a good general educat ion, complete training in his academic specialty and complete courses in profes sional education. He said he opposed testing children to determine if the teacher is adequate. He compared the procedure to giving a medical doctor his license after he is in practice. He said a teacher's purpose is to develop critical thinkers, not teach students to regurgitate information on exams. Bible commands The Rev. Carl Godwin, founder and pastor of the Bible Baptist Church which operates a non-approved school, said that the Bible gives the church a command to teach children without state approval. He said the state has no authority to reg ulate Christian schools even if they can meet the requirements. The church cannot give this authority to the state because Christ is the head of the school, he said. However, he said that the government has a right to verify the quality of educat ion. Sen. Tom Vickers said this alternative would force the state to rely solely on students' test results in determining educat ional quality. Godwin said the reverse situation now exists, as private schools rely only on teacher certification to ensure learning. Drop certification Sen. James Goll asked Godwin if he would recommend dropping teacher certi fication for public schools. "Certify your own people," Godwin said. "The override of the First Amend ment makes it inapplicable to our school." Godwin said the people of his church disagree with the public school philosophy of education. He quoted two Lincoln Public School textbooks that teach evo lution and the advancement of women. The Rev. Everett Sileven, head of the Faith Christian School in Louisville, asked that the Legislature keep the question of education between parents and the state. He suggested that parents be responsible for yearly testing of students to avoid state requirements that would abridge the religious freedom of Christian schools. Overriding right Martha Fricke of the National School Board Association and Herb Schimek, lobbyist for the Nebraska State Education Association, testified in support of current requirements. Fricke said children have an overriding right to an education that will prepare them for life in the 21st century, and this will "require a global not parochial under standing of the world." Dr. Stan Carlson of the Nebraska De partment of Education said religious and public schools are equally considered t under current requirements. "We believe the religious rights of those operating schools (state approved) are protected," Carlson said. Representatives of Seventh-Day Advent ist, Catholics, and Missouri Synod Luth erans said their schools are endangered by excessive state regulation. 'f jJ u ft m Photo by Kent Morgan Olsen Teresa Tushton, of Axtell, her mother and her father listen to Louisville Rev. Everett Sileven at a hearing on private school education at the capitol Wednesday. r T ... v ' I . .? '-ltA St. ..'-- f 2 i ' 1 1 Clark denounces death penalty Photo by Mark Billingsley Ramsey Clark By Charles Flowerday 'Thou shalt not kill" is the one commandment human ity must understand if it wants to survive, said Ramsey Clark, former U.S. attorney general. Speaking to about 30 people on the death penalty Wednesday, Clark said the common root which connects capital punishment, murder, genocide and war is the belief that you can solve problems by killing people. "You can," Clark said. "But what kinds of problems can you cause?" In a talk sponsored by University Program Council and the Union Homecoming Council, Clark listed five reasons for his opposition to the death penalty. 'The real reason to oppose it is we don't want to be killers," Clark said. "Do we really believe in the dignity of human life? Once we assume one person is evil enough to kill, we have to accord the same assumption to them (the evil people). And to the last day we go on killing." Other reasons he cited were: The death penalty corrupts the judicial system. "Do we believe in the possibility of a pristine form of justice when society doesn't have a passion for justice?" Clark asked. The means used to execute a criminal are intrinsic ally cruel. Clark said this argument was incomplete because painless -methods such as gas chambers and in jections, are used. The judicial system consistently makes mistakes and executes the innocent. Clark said he agreed with the French general Lafayette, who said he would always op pose capital punishment until he could believe in the in fallibility of human judgement. The death penalty is invariably discriminatory. This rationale should be adequate in and of itself, Clark said. "Fear and hatred are not ever even-handed," he said. More than 4,000 people have been executed in the United States since 1931 and all have been poor, he said. "Discrimination in executions in our past is undeni able," Clark said. Of all the executions for rape since that time, 89 percent of those sentenced todeath were black, Clark said. 'Try to imagine any possible explanation other than racial hatred?" he said. "Can we now apply the death penalty fairly?" The two reasons usually given in favor of capital pun ishment are retribution and deterrence, Clark said. Retri bution is a difficult concept, he said. There is no agree ment on its meaning, he explained. Clark said one explan ation for the retribution argument was to channel public emotion and hatred into the criminal justice system to prevent lynchings. "The system should kill to prevent people from doing it themselves," Clark said interpreting this rationale. "Is this the only thing our imaginagtions can offer in our hor ror at what this person (the condemened) has done?" he asked. Regarding the deterrance argument, Clark quoted Supreme Court Justice Stewart Potter's assessment of its usefulness: 'The evidence is equivocal." "What does it mean when society accepts deterrance as a reason for killing?" Clark asked. It proves historian Joseph De Maistres's point that all social stablity rests on the executioner's block, he said. Continued on Page 3 msM thursday Law Technicians: Nebraska Supreme Court Justice Norm an Krivosha says too much emphasis is placed on the clinical aspects of being a lawyer Page 8 Still a Child at Heart: An interview with professional mime and comic dancer Matthew Child Page 10 Fantastic Gymnasts: Mike Bowers is another in a long line of top-ranked gymnasts to come out of the South Omaha Sokol Club Page 12