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that grade "A" public education has to go for everybody-regardless of shape, size, color, creed, or anything else.

I certainly hope he gets your clearance.
Sincerely yours,

W. T. OKIE.

DENVER, COLO., November 2, 1970.

DEAR SENATOR PELL: The Senate Labor and Welfare Committee is holding hearings on Sidney P. Marland. I urge you as a member of the Labor and Welfare Committee to oppose Marland's nomination for U.S. Commissioner of Education.

Marland has opposed real collective bargaining for teachers and early this year urged an antistrike bill for teachers in the Congress. In addition, he has advocated the voucher system and performance contracting which substitutes the private business sector for the public in the term public education.

I strongly urge you again to oppose Marland's nomination.
Yours very truly,

JUNE M. WELLS.
OCTOBER 30, 1970.

DEAR SENATOR PELL: I urge you as a member of the Labor and Welfare Committee to oppose the nomination of Sidney Marland as U.S. Commissioner of Education.

As a teacher, I view Marland as an outspoken enemy of teachers' rights to organize and teachers' unions in particular. Early this year Dr. Marland urged Congress to enact antistrike legislation for teachers.

Yours truly,

PATRICIA GRATTON.

DENVER, COLO., November 3, 1970.

Senator CLAIBORNE PELL,
Senate Office Building,

Washington, D.C.

DEAR SENATOR PELL: As a former teacher I am concerned about President Nixon's appointment of Sidney J. Marland as U.S. Commissioner of Education. Marland has been a long-time opponent of real collective bargaining for teachers. He recently urged Congress to pass a teacher antistrike bill. Overall, Marland has supported those very things which educators have criticized as not advancing the cause of public education.

As a member of the Labor and Welfare Committee, I strongly urge you to oppose Marland's nomination.

Yours very truly,

RICHARD J. RAPP.

WHITNEY SCHOOL,

Chicago, Ill.

SENATE LABOR AND PUBLIC WELFARE COMMITTEE,
Washington, D.C.

DEAR SENATOR CLAIBORNE PELL: In the interest of quality education and in the interest of the rights of teachers as publicly employed professionals, we, the undersigned teachers and citizens do respectfully protest against the proposed appointment of Sidney Marland to the position of U.S. Commissioner of Education.

We urge you to consider the following factors in opposition to Mr. Marland's confirmation:

(1) His stand against collective bargaining and against teachers' right to strike places teachers in a position of second-class citizens who are not afforded the same labor rights as industrial workers.

(2) His close relationship to commercial activity in education might cause Mr. Marland to conduct the financial expenditures of his office in a biased manner. Enola A. Pirog, John A. Pirog, Eva L. Pereira, Nancy Lipo, Robert Mindy, Joseph Shagg, June R. Kakacek, Marlene Woytonik, Aurelia Hysnik, Wanda Garny, Donald Siegel, Howard Fine, Sarah Winke, Anita Topic, Patricia Ann Harazin, Harriet L. Sevzcizk, Marie C. Faznto.

SENATE LABOR AND PUBLIC WELFARE COMMITTEE,
Washington, D.C.

WHITNEY SCHOOL,

Chicago, Ill.

DEAR SENATOR CLAIBORNE PELL: In the interest of quality education and in the interest of the rights of teachers as publicly employed professionals, we, the undersigned teachers and citizens do respectfully protest against the proposed appointment of Sidney Marland to the position of U.S. Commissioner of Education.

We urge you to consider the following factors in opposition to Mr. Marland's confirmation:

(1) His stand against collective brgaaining and against teachers' right to strike places teachers in a position of second-class citizens who are not afforded the same labor rights as industrial workers.

(2) His close relationship to commercial activity in education might cause Mr. Marland to conduct the financial expenditures of his office in a biased manner. Dorothy G. Celezic, Eileen Meyer, William R. Lamar, Lorraine O'Malley, Marcia Berke, Theresa Sttoukal, Nancy Williams, Donna J. Pelley, Carol J. Korten, Margaret C. Slimmer, Nancy Hassman, Virginia LaManlia, Harriet Seviak, Frank Kosek.

Hon. CLAIBORNE PELL,

EDUCATION COMMISSIONER OF THE STATES,
Denver, Colo., November 13, 1970.

Committee on Labor and Public Welfare,

New Senate Office Building, Washington, D.C.

DEAR SENATOR PELL: President Nixon's nomination of Dr. Sidney P. Marland for United States Commissioner of Education comes at a critical time in the history of our nation as it relates to the complex problems and demands upon a burgeoning education system. Quite obviously there is a crisis of confidence in education abroad in the land today. Restoring the faith of the American people in education, while at the same time working to bring about orderly changes within the system, commensurate with the needs and aspirations of our citizens, both young and old, is a prime function of the Commissioner. We feel that Dr. Marland is admirably suited for this role, and that if sustained in the United States Senate our system of education will have an effective and articulate spokesman at the national level.

We are aware of opposition to Dr. Marland's confirmation, of course, but find very little basis in fact for it. We would point out that Dr. Marland has not only survived but has served exceedingly well in many capacities in a highly controversial field for an extended period of years. He has always gravitated to increasingly important roles of leadership in that field with a marked degree of

success.

As you know, Dr. Marland has served with distinction as superintendent of schools, in Pittsburgh, Pennsylvania, and Darien, Connecticut, and as Director of the Institute for Educational Development. He was Vice Chairman of the Whitehouse Conference on Education in 1965 and is a member of the Advisory Council to the Office of Economic Opportunity for the education of disadvantaged children.

We have no time to lose in expanding proven programs, attacking the inadequacies of the schools and in making school systems accountable to the general public. We look forward to working with Dr. Marland in our efforts to improve the quality and quantity of education at the state level. We hope that you will give favorable consideration to Dr. Marland's nomination for the office of United States Commissioner of Education when it is presented.

Respectfully,

WENDELL H. PIERCE,

Executive Director.

Hon. CLAIBORNE PELL,
U.S. Senate,
Washintgon, D.C.

WORCESTER STATE COLLEGE FACULTY FEDERATION,
Worcester, Mass., November 23, 1970.

DEAR SENATOR PELL: The Worcester State College Faculty Federation strongly opposes the nomination of Sidney Marland for Commissioner of Education. Our stand is based on Marland's anti-teacher, anti-union attitude and the conflict-ofinterest question arising from his presidency of the Institute for Educational Development.

An AP release of November 20, 1970 quotes Marland before the Senate Labor and Public Welfare Committee: "I am not opposed to collective bargaining for teachers." This claim is fairly puzzling when one considers Marland's long record of consistently anti-union statements and actions. During his service as Pittsburgh's school superintendent Marland opposed both the American Federation of Teachers and the National Education Association, stating "I do not intend to be a party to the swift decline of teachers' freedom into collectivism.” He resigned the post after the AFT won a Pittsburgh collective bargaining election.

In connection with Marland's opposition to teacher strikes, the AP release says Marland "doubted his views were important because he said collective bargaining in education has not so far involved the federal government." We feel that Marland's soft-pedalling of this issue leaves an inaccurate impression of his intentions. Only last spring Marland urged enactment of federal anti-strike legislation for teachers.

We believe that schools can best be improved by attracting better teachers with better pay and working conditions. Marland agrees that such improvements may be "long overdue and justified" while complaining that "public funds have been diverted to teacher benefits as against other school needs."

Finally, there may be cause for concern in Marland's connections with industries interested in selling products and services to school systems. An article in the AFL-CIO News of September 26, 1970 mentions that "One study conducted by Marland's 'non-profit research and development firm' reported with enthusiasm the arrangement by which a 'management expert' was loaned to the New Haven school system for full-time service while remaining on the payroll of the Olin-Mathieson Chemical Corporation."

We feel that Marland's appointment to this post is unsuitable on all counts. We urge you not to confirm this nomination.

Sincerely,

Senator CLAIBORNE PELL,

GEOFFREY GARRETT, President.

THE EAST END EDUCATION COMMITTEE,
Pittsburgh, Pa., November 27, 1970.

Senate Labor Committee, Senate Office Building,
Washington, D.C.

DEAR SENATOR PELL: The East End Education Committee would like to comment on the testimony of Dr. Sidney P. Marland, Jr., before your committee on November 19; we ask that you draw our remarks to the attention of the full committee before it makes its decision about the approval of Dr. Marland for the position of Commissioner of Education.

The Pittsburgh Press reported that Marland told of significant educational innovations during his service as Superintendent of Schools in Pittsburgh, including planning for educational parks and team teaching.

During Marland's tenure in office, a referendum was held to increase indebtedness to allow the Board of Public Education to proceed with plans for educational parks. After the referendum was passed, the plans were scaled down; the educational parks concept was replaced by a proposal for five "Great High Schools" housing five to six thousand students each. One of the several reasons for planning high schools of this size was to satisfy the State Human Relations Commission that Pittsburgh had a plan for integration. No attempt that we know of was made to plan integration of the elementary grades. As time passed and urban unrest became manifest, it became increasingly clear that to house thousands of adolescents of mixed races in one complex without having provided previous integration was irresponsible and foolhardy. Moreover, Marland's re

ports of promises of State and Federal aid for the buildings (a major factor in the planning) proved to be speculation. No plans that we know of were made to prepare teachers in the modern methods of instruction reportedly planned for these buildings. Finally, this summer, a new Board of Education has junked the Great High School plan as expensive and unrealistic, even though some sixteen million dollars have been expended in land acquisition and architects' fees. As for the educational parks plan, it was, in our opinion, a hoax.

The significant educational innovations mentioned by Marland to your committee were scattered among a few schools; for the other schools, it was business as usual. No attempt that we can see was made during Marland's tenure to integrate these innovations into the rest of the system. The team teaching effort almost died when the Ford grant expired. Only Federal funding keeps it alive now. It appears to us that Marland established innovations only to attract Federal money to relieve the General Fund budget, rather than to assure quality education for all Pittsburgh children.

The East End Education Committee came into existence in Spring, 1969, after Marland left. Its members are citizens of the East End of the city, primarily professional parents of young children in non-poverty schools. We are one organization of several which became active at the end of Marland's tenure when it became apparent that the Pittsburgh school system, in a mess when he arrived, were becoming remote, top heavy with administrators, and out of touch with the communities and the pupils. We feel that because we are experiencing the effects of Marland's work on our schools, we are well qualified to recommend that your committee not approve his appointment as United States Commissioner of Education.

Sincerely,

To: Robert Harris, staff director.
Senator YARBOROUGH,

CAROLEE LABBAUF,

Chairman, East End Education Committee.

Committee on Labor and Public Welfare,
Senate Office Building, Washington, D.C.

Results of legislators' polls this month throughout the country concluded by the National Education Ombudsmen's Association this week in Puerto Rico, now indicate that legislators receiving briefing are overwhelmingly in favor of establishing State education ombudsmen's offices to bring in changes faster without conflict and waste. State legislators would like Federal assistance to bring in needed State and local education ombudsmen resolutions and legislation. They hope that the United States Office of Education Commissioner will assist in the legislation and in the training in educational ombudsmanship that is needed for the Nation's schools.

Please put this communication into the public records for the hearings. For info: Write Box 311, Unionville, Conn. 06085-or call 203-677-7507, collect.

ROSALYN SWITZEN, National Education Ombudsmen's Association.

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An Act Establishing an Office of State Education Ombudsman

Section 1

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As used in this act (a) administrative agency means any
department, division, bureau, board, commission, authority
office or other unit of the state or any political subdivision
of the state*, having jurisdiction, authority, regulatory
or review powers over any matter dealing with or affecting
directly or indirectly, public education in the state;
(b) administrative act means, any action, commission,
decision, recommendation, practice or procedure of any
administrative agency.

There is established within the department of finance and ) an office of State Education Ombudsman which

control

shall be responsible for the following:

(1.) In investigation of any administrative act concerning public education, on complaint from any person or on his own motion, which may be contrary to law or regulation, unreasonable, unfair, oppressive, inconsistent with the general scope of the adminsitrative agency's function or authority; based on a possible mistake of fact or on improper or irrelevant grounds; performed in an inefficient, dilatory, rude or insolent manner or based on inadequate preparation, investigation or knowledge of the subject matter involved;

(2.) continuing research in all areas affecting public
education in the state, including but not limited to, methods
of teaching, innovative instruction programs, dissemination of
educational materials, school building facilities and their
use by the community; mass media for educational innovation;
(3.) establishment of a training program for educational on-
budsmen to function locally in the secondary schools and
state institutions of higher learning, which programs

shall also be available to non-public school personnel,
members of the community at large, and elected

local boards of education.

officials of

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