[Vision2020] NSA/Zoning Again

[Art Deco]

Ted, All,

 

Donovan argues that IC 33-114 asserts that as far as the State of Idaho is concerned the words "approval" and "accreditation" are synonymous:

 

33-114.  CERTIFICATION -- COURSES OF STUDY -- ACCREDITATION.  

 

Supervision and control of the certification of professional education personnel is vested in the state board. The board shall approve the program of education of such personnel in all higher institutions in the state, both public and private, and shall accredit as teacher training institutions those in which such programs have been approved.  [Emphasis added.]

 

IC 33-114 clearly refers only to the certification of professional education personnel, i.e., teachers, counselors. school administrators, and others who are required to be certified by Idaho statute or rule to be employed by Idaho public schools and those institutions which seek to grant such educational certification.  Note:  Only.

 

IC 33-114 does not define "approval" and "accreditation" for educational institutions in general but only for those institutions that certify professional educators.

 

 

I can find no other place in the Idaho statutes that defines "approval" and "accreditation" as synonymous.  Unless otherwise defined by code, words ["approval"] are to be given their ordinary meaning in context [IC 73-113].

 

 

Below again are the relevant parts of Rose's original post emphasized.  Notice that it is the State Board of Education which says that NSA is approved to offer courses in Idaho; the Moscow ordinance says that such approval must come from the State Board of Education.

 

 



Paragraph 1

City of Moscow  - Title 4 - Zoning Code

Sec. 11-9. Definitions. . . .
47. Institution, Educational. A college or university supported by public or private funds, tuitions, contributions or endowments, giving advanced academic instructions as [1] {approved by the State Board of Education}    or      [2] by a recognized accrediting agency, excluding preschool, elementary and junior or senior high schools, and trade and commercial schools; including fraternity and sorority houses. (emphasis added)

Paragraph 2

Authorization by the State of Idaho
Updated 13 October 2004

Prior to the 2003-2004 academic year, the College registered with the State Board of Education as a non-accredited postsecondary institution, as required by law. The Idaho State Board of Education's Chief Academic Officer then issued the College a "Certificate of Approval" which stated, "This is to certify that New St. Andrews College is {approved by the Idaho State Board of Education} to offer courses in Idaho." The "Certificate of Approval" was issued for each calendar year, effective July 1 through June 30.

http://www.nsa.edu/mission/authorization.html

This issue is really a no-brainer, and one of the undisputed facts of the case - 

Rose Huskey



Donovan says:

 

However, I do believe that this is just a witch hunt. But more importantly if this goes through it says to parents that you cannot get together with other parents, rent or purchase a building, and educate your children with your values because Moscow has no zoning code for that.

 

I know of no one who disputes the right of NSA, the Aryan Nations, or any other religious/political/crackpot organization to exist and to attempt to promulgate their views.  From my own point of view in this regard, I only ask that they or any other organization - commercial, educational, political, public service, environmental, etc. - obey the same laws that are enacted to apply to everyone.

 

The cult is legally entitled to locate and to attempt to promulgate their views in the City of Moscow.  No one wishes to deny them these fundamental rights.  If, Donovan, you can produce reliable evidence to the contrary, do so.  The ongoing dispute is not about their right to organize and to speak but the abhorrence and probable social/political impacts of their discriminatory, anti-democratic, superstitious, ignorance based views.  In that respect, everyone has a right to organize and speak (but not knowingly and intentionally break the law in doing so).

 

Among other things, the Moscow Comprehensive Plan and Zoning Ordinances are designed to maintain and to enhance the downtown business district.  This an admirable goal, in my opinion, and one which is incompatible with locating higher educational institutions, primary/secondary schools, and a large number of other uses in the central business core for reasons which have appeared in this forum many times.

 

I have previously suggested a number of advantageous location alternatives for the cult and their numerous activities - locations which would be advantageous to all.  Since that time, other opportunities have arisen.  That the cult continues to flout the law is their decision and directly reflects on their arrogance and integrity.

 

I would guess that the present downtown businesspersons do not wish to get stuck being assessed with an additional BID tax only to have the city council take zoning actions that are antithetical to their continued commercial wellbeing especially when it is an agent of the cult who is pushing the BID.

 

W.
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