There's an old political adage that goes, if neither side is happy with a decision, then that must mean that the right thing was done.
But does that really apply to the just-concluded special session of the Kentucky General Assembly, called to address various topics related to the Wuhan Chinese virus after a court ruling that the governor couldn't go at alone by issuing executive orders?
Liberals are very unhappy that the legislature voided an administrative regulation issued by the Kentucky Department of Education that required public school students and staff to wear masks, leaving that decision up to local school boards. Gov. Andy Beshear has weighed in, expressing his anger that he can't issue a statewide mask mandate like he wanted to have permission to do. Meanwhile, conservatives are upset that the legislation passed by the House and Senate over the governor's objections and overridden vetoes didn't go far enough to protect individual rights and freedoms from government overreach.
About the only people who left satisfied when the legislature concluded its special session late Thursday night were the leaders, especially in the Senate, who finally had a chance to weigh in and make policy after being shut out since last March, and having their efforts to have a say challenged in court by a power-hungry governor unwilling to listen to those with different ideologies and elected from smaller districts across the state and thus better in tune with the wishes of the populace.
One of the purposes of the special session was to provide more flexibility to public school systems to offer home-based instruction when absences pile up due to virus cases and overly restrictive exposure quarantine protocols to the point where districts cancel classes rather than have the absenteeism rates affect their average daily attendance funding.
That ability was given, but the left-leaning education lobby -- the new commissioner hired by Beshear's hand-picked board, the Kentucky Education Association, "120 Wrong," and the predictable others -- are not happy with the voiding of the statewide mask mandate. Those decisions are now in the hands of local leaders, where they should have been all along. The statewide mandate was handed down by a board of unelected appointees to carry out an executive order the governor no longer has the legal authority to order. A one size fits all approach is not the best way to go. Conditions on the ground are much different in small rural counties and school districts than they are in Fayette, Jefferson, and Warren counties.
Before the General Assembly had finished its business Thursday night, at least one school board -- Lincoln County in central Kentucky -- voted to impose a mask mandate to run through the end of this academic year. Taxpayers, parents, and voters in Lincoln County will get the chance to weigh in on whether or not they agree with that decision next year when school board members are elected. And that's as it should be. As it was, there was no recourse for the state board of education's edict, especially since the education commissioner had basically dismissed complaints from parents as bothersome noise.
Meanwhile, on the other side of the aisle, conservatives are seething over a number of the decisions. Legislative leadership had already stated it had no intent of taking up legislation prefiled for the upcoming 2022 regular General Assembly session, such as prohibiting vaccination mandates as a condition of employment, or making businesses that require employees to take the shot liable for workers compensation claims for vaccine injury. But leaders and members of the Republican supermajority made life difficult for the conservative legislators who wanted to make changes to the bills that were filed. Senate leadership blocked a number of amendments from being attached to bills, and a majority of House Republicans abstained from voting on a procedural matter that would have allowed amendments to come to the floor for a vote by the whole chamber, effectively killing them. ("If you choose not to decide, you still have made a choice," Neil Peart wrote and Geddy Lee sang in Rush's classic 1980 anthem "Freewill.") It led to a lot of bad blood, with conservative activists vowing to recruit primary opponents for the RINOs, and legislators accusing members of the public of spreading misinformation.
Yes, some good things were accomplished during the special session. School districts got their added non-traditional instruction (NTI) days and were given flexibility to implement them for individual schools or even classrooms instead of on a district-wide basis. Responsibility for mask requirements was given to local districts, where school board members are also community members and are in touch with the desires of the populace, and where situations may differ from county to county. And, notably, Beshear's one-person reign by decree was curtailed by a body of more than 130 people comprised of individuals from all across the state. An out-of-control government executive was finally required to work with others instead of going it alone. In fact, Beshear and legislative leaders had already reached consensus on much of what was considered in the short special session, the agenda of which was controlled solely by the governor.
But far too many see the just-concluded session as a wasted opportunity. They wanted the legislature to stand stronger for individual liberties. They were looking for the legislators to listen to the voices of the people and abide by their constituents' will, not do their own thing and substitute their own desires for the wishes of the electorate.
Liberals and conservatives don't agree on very much. But now, it seems, both sides are in alignment in the belief that they're disappointed with how the special General Assembly session transpired. Which side has the biggest and most legitimate complaint remains to be seen.
