Run state Legislature exactly like a classroom

Don’t worry, I’m not going to talk about fingerprinting anymore. However, I would like to offer readers observations on the legislative process, as gained through four years of trying to change one law. Because I’m neither legislator nor lobbyist, perhaps I can say things they would hesitate to advocate. But first let me affirm my respect for our senators and representatives; they face a nearly impossible job: the evaluation of upwards of two thousand bills each session. No sane person should undertake such a task. But it’s a democracy, and anyone may submit a bill.

As a former schoolteacher, I see things in terms of the classroom. Please imagine, therefore, that these suggestions are meant for a Legislature run like a classroom. Because both try to gather good information and use it to solve problems, I believe the analogy is germane.

. Include all stakeholders substantially, not just nominally. Maine’s school personnel had never heard of the fingerprinting requirement until it was a done deal. Only foolish teachers fail to plan lessons so as to ensure that all students are engaged at the outset.

. Define the problem. The lack of pertinent data has haunted the fingerprinting debate ever since it began in 1995. And legislators still confuse fingerprinting with background checks, abuse by perpetrators with criminal records with abuse by those without, and crimes against children with the rest of the Criminal Code. Those who teach creative problem-solving appreciate that a clear definition – exactly what is the problem? – is crucial to an effective solution.

. Pace the process. The Legislature lurches between leisurely and frantic days. A recent public hearing on fingerprinting saw Representatives continuously leaving for floor votes; for a while only two Senators were present from a 13-member committee. Who attends a committee work session is equally in doubt. And having different legislators chair consecutive work sessions on the same bill is counter-productive. Actually classrooms don’t fare much better. Students are all the time departing to meet special needs. But I’ll bet the Legislature – which is far more homogeneous than the typical class – could do better.

. Do your homework. Sitting in the House gallery during debate, I could see our group’s blue folder with the pertinent state and national data on abuse on only a single desk below. “Take out your books and open to page 14,” says the teacher; “I assume you’ve all read the assignment.” Actually, one legislator-when I reminded him that the pertinent data was in the folder he had received-told me “Oh, I don’t look at all that stuff; I like to make up my mind independently.” Well, there are teachers who don’t read the cumulative folders of their incoming students each year, too, claiming they don’t want to be prejudiced by the information. But imagine if doctors operated this way.

. Debate, don’t tell stories. Repeatedly legislators spoke to their colleagues through personal stories and emotional appeals. Perhaps this is why the latter kept leaving the chamber, resulting in quorum calls. In class, teachers encourage students to discuss topics substantively, not simply to give their personal anecdote-“my husband is a teacher and he was willing to be fingerprinted…” ? or repeat what others have already said.

. Clarify what each vote means. A freshman Representative told me recently that, right after a vote on a convolutedly worded amendment to an amendment, he asked his veteran seatmate, “What did I just vote on?” The veteran replied, “I was just going to ask you that.” A look at roll calls shows that some legislators contradict their votes of only a moment before, perhaps due to such confusion. Voting is like taking a test: just as students may succeed or fail due to the quality of the test construction, the Legislature’s joint rules should not be executed in such strict fashion that legislators do not understand the questions.

. Be there when it counts. I was astonished to find up to 25 absentees (of 151 representatives) during critical votes. Sometimes it appeared the absentees could have decided the issue. While there are excusable absences, both in class and in the Legislature, there are no make-ups in the latter. It might be helpful to know the voting absentee rates of all legislators.

. Communicate better between the two chambers. Twice I watched as the House and Senate, despite an assumed common goal on the part of a bill’s supporters, set off in two different directions, ending up out of concurrence. Admittedly floor leaders for bills are often harried by circumstance, but two classrooms going on a joint field trip have to coordinate their itinerary and bus requests or disappoint a lot of students.

In parting, let me just say it’s all been quite an education; I wouldn’t have missed it even if my job depended on it. But I really miss the kids.

Bernie Huebner of Waterville is a former teacher and a spokesman for Maine Educators Against Fingerprinting.