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James N. Goenner, Ph.D.
July 1, 2019
Rethinking Regulation
Modeling Accountability
- Oprah Winfrey
“Education is the road to freedom.”
Autonomy Accountability
Regulatory Framework
Charter
School
State &
Federal
Law
Authorizer
& Charter
Contract
Board
Policies &
Procedures
“Our regulatory system must protect
public health, welfare, safety, and our
environment while promoting economic
growth, innovation, competiveness,
and job creation.”
President Obama
Executive Order 13563
January 2011
“It must…
1. Be based on the best available science.
2. Allow for public participation and an open exchange of ideas.
3. Promote predictability and reduce uncertainty.
4. Identify and use the best, most innovative, and least
burdensome tools for achieving regulatory ends.
5. Take into account benefits and costs, both quantitative and
qualitative.”
President Obama
Executive Order 13563
January 2011
“It must…
6. Ensure that regulations are accessible, consistent,
written in plain language, and easy to understand.
7. Measure, and seek to improve, the actual results of
regulatory requirements.”
President Obama
Executive Order 13563
January 2011
Autonomy Accountability
Rethinking
Regulation
by Michael Q. McShane
“Refocusing regulatory efforts to prevent
harm, rather than forcing all schools to
conform to a top-down vision of quality,
would be a huge step in the right
direction.”
Michael Q. McShane
Rethinking Regulation
“For every new regulation issued, at least
two prior regulations must be identified for
elimination, and the cost of planned
regulations be prudently managed and
controlled…”
President Trump
Executive Order 13771
January 2017
“Overregulation can…supplant the
decision-making power and authority of
individuals…that might know more
about what is best for children than
distant regulators and bureaucrats.”
Michael Q. McShane
Rethinking Regulation
Ten Principles for Better Regulation
By Jerry Ellig (Mercatus Center George Mason University)
1
2
3
Since regulations impose constraints that govern
people’s behavior, a sensible regulation should solve a
real, widespread problem that could reasonably be
addressed by altering constraints. It should not just
respond to anectdotes of bad behavior by bad actors.
A regulation should be accompanied by proof that it is
likely to make life better for citizens in a significant and
tangible way.
Regulators should define how they will know the
problem is “solved” and no additional regulation is
necessary.
Regulation should be technologically neutral.
Regulators should consider alternatives to regulation
and alternative forms of regulation.
Regulation should respect consumers’ freedom of
choice.
The regulatory alternatives selected should provide
the “biggest bang for the buck.”
7
4
5
6
Ten Principles for Better Regulation
By Jerry Ellig (Mercatus Center George Mason University)
Regulation should be competitively neutral.
Regulation should acknowledge uncertainty.
Regulation should be based on the best available
evidence, not merely on assumptions, good
intentions, or wishes.
8
9
10
Ten Principles for Better Regulation
By Jerry Ellig (Mercatus Center George Mason University)
Autonomy Accountability
Governing for
greatness is a
mindset…a
positive attitude
and outlook that
keeps boards
and management
focused on what
truly matters.
WHAT TRULY MATTERS
Ensuring all students
are prepared for success in
college, work and life.
© National Charter Schools Institute
“I doubt if
any part
could travel
in such
weather.”
- Robert Falcon Scott
Journal Entry, December 5, 1911
“It has been an
unpleasant
day…storm, drift,
and frostbite, but
we have
advanced closer
to our goal.”
- Roal Amundsen
Journal Entry, December 5, 1911
Some People Observe That …
“ Trustees are often little
more than high-powered, well-
intentioned people engaged
in low-level activities.”
“ -Chait, Holland and Taylor
© National Charter Schools Institute

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Rethinking Regulation - Modeling Accountability

  • 1. James N. Goenner, Ph.D. July 1, 2019 Rethinking Regulation Modeling Accountability
  • 2.
  • 3. - Oprah Winfrey “Education is the road to freedom.”
  • 4.
  • 5.
  • 7. Regulatory Framework Charter School State & Federal Law Authorizer & Charter Contract Board Policies & Procedures
  • 8.
  • 9. “Our regulatory system must protect public health, welfare, safety, and our environment while promoting economic growth, innovation, competiveness, and job creation.” President Obama Executive Order 13563 January 2011
  • 10. “It must… 1. Be based on the best available science. 2. Allow for public participation and an open exchange of ideas. 3. Promote predictability and reduce uncertainty. 4. Identify and use the best, most innovative, and least burdensome tools for achieving regulatory ends. 5. Take into account benefits and costs, both quantitative and qualitative.” President Obama Executive Order 13563 January 2011
  • 11. “It must… 6. Ensure that regulations are accessible, consistent, written in plain language, and easy to understand. 7. Measure, and seek to improve, the actual results of regulatory requirements.” President Obama Executive Order 13563 January 2011
  • 14. “Refocusing regulatory efforts to prevent harm, rather than forcing all schools to conform to a top-down vision of quality, would be a huge step in the right direction.” Michael Q. McShane Rethinking Regulation
  • 15. “For every new regulation issued, at least two prior regulations must be identified for elimination, and the cost of planned regulations be prudently managed and controlled…” President Trump Executive Order 13771 January 2017
  • 16. “Overregulation can…supplant the decision-making power and authority of individuals…that might know more about what is best for children than distant regulators and bureaucrats.” Michael Q. McShane Rethinking Regulation
  • 17.
  • 18.
  • 19.
  • 20. Ten Principles for Better Regulation By Jerry Ellig (Mercatus Center George Mason University) 1 2 3 Since regulations impose constraints that govern people’s behavior, a sensible regulation should solve a real, widespread problem that could reasonably be addressed by altering constraints. It should not just respond to anectdotes of bad behavior by bad actors. A regulation should be accompanied by proof that it is likely to make life better for citizens in a significant and tangible way. Regulators should define how they will know the problem is “solved” and no additional regulation is necessary.
  • 21. Regulation should be technologically neutral. Regulators should consider alternatives to regulation and alternative forms of regulation. Regulation should respect consumers’ freedom of choice. The regulatory alternatives selected should provide the “biggest bang for the buck.” 7 4 5 6 Ten Principles for Better Regulation By Jerry Ellig (Mercatus Center George Mason University)
  • 22. Regulation should be competitively neutral. Regulation should acknowledge uncertainty. Regulation should be based on the best available evidence, not merely on assumptions, good intentions, or wishes. 8 9 10 Ten Principles for Better Regulation By Jerry Ellig (Mercatus Center George Mason University)
  • 23.
  • 25. Governing for greatness is a mindset…a positive attitude and outlook that keeps boards and management focused on what truly matters.
  • 26. WHAT TRULY MATTERS Ensuring all students are prepared for success in college, work and life. © National Charter Schools Institute
  • 27.
  • 28. “I doubt if any part could travel in such weather.” - Robert Falcon Scott Journal Entry, December 5, 1911
  • 29. “It has been an unpleasant day…storm, drift, and frostbite, but we have advanced closer to our goal.” - Roal Amundsen Journal Entry, December 5, 1911
  • 30. Some People Observe That … “ Trustees are often little more than high-powered, well- intentioned people engaged in low-level activities.” “ -Chait, Holland and Taylor
  • 31. © National Charter Schools Institute