Archives for the month of: December, 2017

I reviewed Daniel Koretz’s book, “The Testing Charade” in the current issue of The New Republic.

The review is behind a paywall, but you can get a free 30-day pass or a one-year digital subscription for $10 for the year. When it comes out from the paywall in a couple of weeks, I will post it in full.

The review starts like this:

“In 1979, the psychologist Donald Campbell proposed an axiom. “The more any quantitative social indicator is used for social decision-making,” he wrote, “the more subject it will be to corruption pressures and the more apt it will be to distort and corrupt the social processes it is intended to monitor.” He also wrote: “Achievement tests may well be valuable indicators of general school achievement under conditions of normal teaching aimed at general competence. But when test scores become the goal of the teaching process, they both lose their value as indicators of educational status and distort the educational process in undesirable ways.”

“Put simply, when the measure becomes the goal, and when people are punished or rewarded for meeting or not meeting the goal, the measure is corrupted. As Richard Rothstein has shown in his superb monograph, “Holding Accountability to Account,” tying high stakes to measurable goals affects behavior in negative ways in every field, not just education. Judge heart surgeons by the mortality rate of their patients, and they will turn away risky patients. The classic (and probably apocryphal) illustrations of Campbell’s law come from the Soviet Union. When workers were told that they must produce as many nails as possible, they produced vast quantities of tiny and useless nails. When told they would be evaluated by the weight of the nails, they produced enormous and useless nails. The lesson of Campbell’s law: Do not attach high stakes to evaluations, or both the measure and the outcome will become fraudulent.

“For the last 16 years, American education has been trapped, stifled, strangled by standardized testing. Or, to be more precise, by federal and state legislators’ obsession with standardized testing. The pressure to raise test scores has produced predictable corruption: Test scores were inflated by test preparation focused on what was likely to be on the test. Some administrators gamed the system by excluding low-scoring students from the tested population; some teachers and administrators cheated; some schools dropped other subjects so that more time could be devoted to the tested subjects.

“In his new book, Daniel Koretz, an eminent testing expert at Harvard University, has skillfully dissected the multiple negative consequences of the education reforms of the 2000s, most of them unintended. His title, The Testing Charade: Pretending to Make Schools Better, sums up his conclusion that the reform movement failed badly because of its devotion to high-stakes testing as the infallible measure of educational quality.

“Koretz says the results of the testing inflated scores and were not valid. But reformers did not withdraw their support for testing even when the harm it inflicted on children and public schools became evident. Some were ignorant of the evidence of failure; others believed tests provided valuable information, despite the corruption of the data by high stakes. Since federal law required states to label schools with low scores as failing, and since those schools were often turned into charter schools, a whole industry benefited from this system—even though the same measures labeled many charters as failing, too. The Every Student Succeeds Act (ESSA), passed in 2015, still requires that every child be tested every year—a practice unknown in any high-performing nation.

“Legislators’ and policymakers’ obsession with testing has been locked into place since January 8, 2002, when President George W. Bush signed into law his signature domestic legislation, the No Child Left Behind Act. Before NCLB, every state had its own tests and its own accountability measures, but none was as harsh, punitive, and unrealistic as NCLB. None required every school to reach 100 percent proficiency or face mass firings or closure or both.”

Tom Ultican lays out in gruesome detail the billionaires’ plan to destroy public education.

The documentation is solid. The billionaires are jointly funding every anti-public school organization they can find, and they create them when they don’t exist.

Gruesome, yes. But it is a fact that their spending has not accomplished much, other than to ruin the lives of children, teachers, families, and communities. Nowhere has it produced better education. They sow chaos and disruption, then move on to the next big idea.

He begins like this:

“Three researchers from Indiana coined the terminology Destroy Public Education (DPE). They refuse to call it reform which is a positive sounding term that obfuscates the damage being done. America’s public education system is an unmitigated success story, yet, DPE forces say we need to change its governance and monetize it.

“We are discussing the education system that put a man on the moon, developed the greatest economy the world has ever seen and wiped out small pox. It is the system that embraces all comers and resists all forms of discrimination. In the 1980’s, it was laying the foundation for the digital revolution when it came under spurious attack.

“Not only are great resources being squandered on DPE efforts but the teaching profession is being diminished. Organizations like Relay Graduate School and the New Teachers Project are put forward as having more expertise in teacher education than our great public universities. That would be amusing if wealthy elites were not paying to have these posers taken seriously.”

You will enjoy reading this interview with parent activist Kemala Karmen. She grew up in Louisiana in a family of activists, experienced racial discrimination, and now lives in New York City, where she is active in the Opt Out movement and works with film maker Michael Elliott.

How do we start a revolution and change education for the better for every student?

Start by learning from Kemala.

From the Economic Policy Institute, the one think tank in D.C. not indebted to Big Money:

“Republicans in Washington think they’re on the verge of passing their tax scam. But the vote in the Senate is expected to be very close. If we can sway just three Republicans to stand with Democrats and oppose the tax plan, we can defeat this bill just like we defeated Trumpcare.

“A few of the truly disgusting aspects of the Trump tax scam are what it does for Donald Trump and his family, and multinational corporations that ship jobs overseas. If passed, the tax plan would:

“Weaken the estate tax, which only impacts the richest 0.2% of Americans―including Trump’s family;

“Lower tax rates on so-called “pass-throughs,” including hedge funds, private equity firms, and real estate LLCs―like Trump’s;

“And, reward corporations that have, for years, been dodging taxes―allowing them to repatriate offshore profits at lower rates, encouraging multinational corporations to continue shipping jobs and profits overseas.

“This bill will not create jobs or higher wages for working people as Republicans claim. It is nothing more than a massive handout to the wealthy and corporations on the backs of working families.

“Call your Senators right now and tell them to reject Donald Trump and Republican leaders’ tax plan that provides a huge Christmas giveaway to Donald Trump and his family, but a lump of coal for the rest of us.

“Here’s a suggested call script:

Call: 888-516-5820

“My name is _______. I live in TOWN, STATE and I’m a constituent of the Senator’s.

“I want Senator [NAME] to OPPOSE the Senate tax plan that delivers huge tax cuts to America’s wealthiest families and corporations. Instead of tax breaks for hedge funds and private equity firms―that just increase income and wealth inequality―we need a tax plan that invests in critical programs for working families.

“We will not stand by as Republicans in Congress attempt to pass a tax plan that provides trillions in tax breaks for the wealthiest Americans―paid for by cutting critical services for working families, including $25 billion in cuts to Medicare in 2018 alone.

“Call your senators today and urge them to reject a tax plan that does nothing to boost the wages of working people.”

Thank you,

Josh Bivens
Director of Research, EPI Policy Center

Have you called Senators Collins, Rubio, McCain, Flake, Murkowski, Sasse, Corker, Lee, Paul, and Johnson — plus any others you can think of — about the tax scam? Just dial 202-224-3121. And then, if one or both your senators is Republican, go a step further. Google over to their website and find the phone number for their local office — and call that one, too. Not sure what to say? Heck: just read them the highlights of this column by economic blogger Andrew Tobias at andrewtobias.com:

“It would be fine to have a well-thought-through corporate tax reform that were revenue-neutral . . . and that did not encourage companies to move jobs overseas as the current Republican plan, being rushed into law, likely will.

“And it would be economically dumb but at least morally defensible to give the working poor and middle class a tax cut. They are struggling to get by! They’ve been cut out of the tremendous gains in wealth the country has made these past 30-odd years. It’s almost all gone to the top few percent, especially to the tippy top. (As you know, the net worth of just three individuals now exceeds the combined net worth of the entire bottom half of the country.)

“But what possible reason can there be to lower the top individual tax bracket from 39.6% to 37%? How would that help the working poor or middle class? How would it help fund revitalization of our crumbling infrastructure? How would it help reduce the deficit that Republicans care so deeply about when they’re not in power — but then explode when they are?

“What possible reason can there be to cut the estate tax (which they like to call the “death” tax but is effectively an inheritance tax on lucky multi-millionheirs and billionheirs)? How would that help the working poor or middle class or fund revitalization of our crumbling infrastructure or reduce the deficit?

“What possible reason can there be to cut the top tax rate on highly-earning professionals and business folk from 39.6% to 30% or so, as they “pass through” their income from LLC’s and S-corps? It’s no fun being taxed 39.6% on that portion of your income above $450,000 when you’re making $600,000 or $1 million or $3 million a year — but do we really need to go deeper into debt to cut those taxes? Shouldn’t we revitalize our infrastructure instead?

“Why has the “carried interest” loophole for hedge-funders survived yet again? It’s just an illogical giveaway to people, some of them immensely wealthy, who simply don’t need it.

“Why throw out “the individual mandate,” which is projected to raise the cost of health insurance for millions of Americans — and cause 13 million to lose coverage altogether? Republicans consider it a great way to save money, because when people lose their Affordable Care Act insurance, the government won’t have to provide the subsidies that make it affordable.

“With inequality threatening our economy and our society like never before (well, maybe like 1929), why would we do this to ourselves? Could it be because the Koch brothers and the Mercers and the Devos family and Wilbur Ross and Carl Icahn and the Trump family really want to?

“Call every Republican senator you can think of, especially these, and ask their staff these questions. Or if you call in the middle of the night, leave those questions on their voice mail. The Senate switchboard is 202-224-3121. Collins, Murkowski, Flake, Sasse, Corker, Rubio, Paul, Johnson, McCain . . . And then, if one or both your senators is Republican, go a step further. Google over to their website and find the phone number for their local office — and call that one, too.

“Seriously: we’re not going to get another shot at this.”

Did you ever imagine that someone would run for President to make money?

Eugene Robinson of the Washington Post describes a few of the ways that the Trump family is cashing in.

https://www.washingtonpost.com/opinions/welcome-to-the-trump-family-swamp/2017/12/18/01ad0adc-e42e-11e7-ab50-621fe0588340_story.html

He writes:

“The presidency was never meant to be a profit center for a nepotistic, money-grubbing family. But that was before the Trumps moved in.
This scandal is lying in plain sight, overlooked because of the constant stream of missteps, outrages and distractions that come and go at an exhausting pace.

“While everyone watches his Twitter feed, President Trump is using the White House like a marketing agency for his family brand. This is not normal or acceptable — and it surely isn’t what laid-off factory workers and coal miners had in mind when they jumped on the “populist” Trump train.


“Last week, Ivanka Trump opened a retail store inside Trump Tower, her father’s New York skyscraper, to sell her eponymous foreign-made handbags and other items. We can now finally dispense with the notion that she is an “unpaid” adviser to the president.


“It’s not a very big store — more of a glorified kiosk, really — but the conflict of interest is obvious. She and her husband, Jared Kushner, are in positions where they can influence U.S. policy toward the countries where her products are made, such as China, Indonesia, Vietnam, India and Bangladesh. The store is located where it can siphon money from Trump-supporting tourists who make pilgrimages to Trump Tower while visiting the sights of Manhattan.


“This is just the latest example of how the Trump family is seeking to monetize the presidency. We haven’t seen anything like it since 1977, when Jimmy Carter’s brother started hawking Billy Beer. (President Carter, at least, had the decency to be embarrassed.)




“As is the case with other family members, including the president, Ivanka Trump has refused to divest herself of her business interests. Instead, the Trumps and Kushner have put them into trusts — but in a way that provides not even a fig leaf of probity.

“
That’s because the businesses — including the Trump Organization, the president’s umbrella enterprise — are still operating and are being run by family members whose aims are pecuniary, not patriotic. Do you believe for a moment that Trump pays no attention to how his sons, Donald Jr. and Eric, are handling his company? Or that Ivanka Trump and Kushner are unaware of what his siblings are doing with the troubled Kushner family real estate empire and Ivanka’s fashion line? I don’t.

“
Consider this sequence of events: Trump is elected president in November 2016. The membership initiation fee at his Palm Beach club, Mar-a-Lago, doubles to $200,000 in January 2017. Following his inauguration, Trump spends 34 days thus far — fully one-tenth of his presidency — at Mar-a-Lago, mixing freely with members in a setting hidden from the prying eyes of the news media.


“If you had a corporate or private cause to plead with the president of the United States, and you had ample resources, might you consider a $200,000 Mar-a-Lago membership a promising investment? I think you might.


“The Trump International Hotel in Washington, just down Pennsylvania Avenue from the White House, has become what The Post called “a kind of political clubhouse” for Trump associates and organizations, such as political action committees, that support the Trump agenda.

“Last month, for example, the Trump 2020 campaign held a “VIP reception” there that cost $30,000, according to The Post, and featured deviled eggs and lobster BLTs.


Plenty of other nearby hotels could have hosted such an event — the W, the Willard, the J.W. Marriott. The campaign just happened to choose one whose profits accrue to the president’s bottom line.


“Likewise, for some reason, the Trump International has become a popular place for foreign delegations to stay while visiting Washington. Many legal scholars believe this line of business violates the emoluments clause of the Constitution prohibiting federal officials from receiving gifts or profits from foreign governments. At least three lawsuits have been filed seeking clarification from the courts.”

We are witnessing the death of Shame.

Here is the Washington Post summary of how the tax bill will affect education. Apparently, the Republican majority wants to defund K-12 public schools. Let them hear from you.

https://www.washingtonpost.com/news/education/wp/2017/12/15/heres-what-the-gops-proposal-to-overhaul-the-tax-code-means-for-schools-students-and-parents/

Remember next November!

Please buy and read Deborah Meier’s new book, THESE SCHOOLS BELONG TO YOU AND ME, written with Emily Gasoi.

Debbie has accomplished many things in her life. You can read about her on Wikipedia. I often say that debating her for five years at Education Week was one of the reasons I changed my views about education. Not the only reason, but an important one.

Merry Christmas, Happy Chanukah, happy 2018 to the great Deborah Meier!

One of the very contentious decisions before the U.S. Supreme Court is the appeal of a baker in Colorado, who refused to make a wedding cake for a same-sex couple. The couple sued, and said that the baker had violated Colorado law, which said it was wrong for a business or place of public accommodation to refuse service on grounds of sexual orientation (or race or gender or other of the usual reasons for discrimination). The baker contended that his cakes were artistic expressions, and he did not wish to sell one to this couple, based on his religious freedom rights.

Here are some interesting commentaries on this case, which was recently argued, and on which the Court will rule later.

This one by John Gehring appeared in the Catholic magazine Commonweal and represents the views of religious groups, who disagree with the baker.

Now that marriage equality has won in the courts and in the culture (even a majority of Republicans under the age of forty support same-sex marriage), conservative Christian activists are using new tactics to chip away at LGBT rights. By making a First Amendment appeal, lawyers for Phillips recognize that such an approach could have more salience and be more persuasive than a strict religious-liberty argument. David Cole of the American Civil Liberties Union, a co-counsel in the case, deconstructed the free-expression argument in the New York Review of Books this month. “Likening its cakes to the art of Jackson Pollock and Piet Mondrian, Masterpiece Cakeshop claims that they deserve protection as free speech no less than Pollock’s canvases,” Cole writes. “But whether the cakes are artistic is beside the point. As an individual artist, Pollock would not have been subject to a public accommodations law and could have chosen his customers. But if he had opened a commercial art studio to the public, he, too, would have been barred from refusing to sell a painting because a customer was black, female, disabled, or gay.” Cathleen Kaveny, a Boston College professor and Commonweal columnist, thinks there are compelling First Amendment arguments in the case, but worries about an overly broad interpretation of the Court’s eventual ruling. “Every bakery is not a Masterpiece Cakeshop,” she said. “Not everyone is asking for a unique wedding cake to exemplify their soul. The distinguishing features of this case really limit its application. I worry a ruling for Masterpiece would be read as accommodating anyone who is engaged in creative work. But there is a big difference between a couture shop that creates the perfect wedding dress or a cake that incorporates the designer’s artistic vision and a boutique selling off the rack. David’s Bridal isn’t Vera Wang.”

“These debates are not academic. Despite the seismic cultural shift in support for same-sex marriage over the last decade, LGBT people still face substantial discrimination. As shared in the amicus brief they filed, Lambda Legal detailed more than one thousand incidents of LGBT people being denied service in the United States. This demonstrates “an ugly truth,” according to the brief. “With disturbing frequency, LGBT people are confronted by ‘we don’t serve your kind’ refusals and other unequal treatment in a wide range of public accommodations contexts.” Only nineteen states and the District of Columbia have passed laws specifically protecting LGBT people in public accommodations.

“As a Catholic with a platform as a writer, I take seriously the public demands of faith. From the abolition of slavery to the civil-rights movement to the resurgence of progressive faith activism in the Trump-era, religion has been and will continue to be a part of the civic fabric of our nation. Religious Americans on the right also recognize that their faith comes with public responsibilities, and progressive people of faith should not blithely dismiss their sincere convictions. But respecting the sincerity of a conviction from a faithful fellow citizen and codifying that conviction into a law governing a diverse society are two different things. As the late Justice Antonin Scalia, a conservative Catholic, noted in a 1990 case, laws of general applicability “could not function” if they were subject to nearly unlimited religious exemptions. Quoting from an 1878 decision, Scalia warned that such exemptions would “permit every citizen to become a law unto himself.”

“Pope Francis describes religious liberty as “one of America’s most precious possessions.” We don’t honor religious liberty or the radical inclusivity of Christ by telling people made in the image of God that their love and commitment are not worth a cake.”

David Cole of the ACLU, a co-counsel in the case, wrote in the New York Review of Books:

It is one of the most talked-about cases of the term, in part because it’s so easy to conjure hypothetical variations: What if the cake includes the message “God bless this union”? What if a wedding photographer, who has to be present at the ceremony in order to provide her services, objects to same-sex marriage? Should bakeries or photographers be permitted to refuse their services to an interracial or interfaith couple? Could a bakery refuse to make a birthday cake for a black family because its owner objects to celebrating black lives?…

“The Trump administration has filed a friend-of-the-court brief supporting the bakery, the first time in history that the solicitor general has supported a constitutional exemption from an antidiscrimination law. One of the Justice Department’s principal responsibilities is to enforce public accommodations and antidiscrimination laws, so it is generally skeptical of arguments for allowing citizens to evade their strictures. But not this administration, at least not when what’s at issue is a religious objection to selling a cake to a same-sex couple…

“Masterpiece Cakeshop’s objection rests on its owner’s Christian beliefs. And its complaint is ultimately a desire not to be associated with a same-sex couple’s wedding celebration; it objected to selling Craig and Mullins even a nondescript cake. But because the Supreme Court has flatly rejected both association- and religion-based claims in such cases already, the bakery stresses that it is making a free speech claim. It maintains that it speaks through its cakes, which should make this case different.

“The reasons for rejecting exemptions based on religion and association, however, are equally applicable to free speech claims. Because almost any conduct can be engaged in for “expressive” purposes, the exceptions would very quickly swallow the rule. As the Supreme Court has recognized, “it is possible to find some kernel of expression in almost every activity a person undertakes.”6 Any business that uses creative or artisanal skills to produce something that communicates in some way could claim an exemption. A law firm, which provides its services entirely through words, could refuse to serve black clients. Photographs are undeniably expressive, so a commercial photography studio could post a sign saying it takes pictures only of men if it objected to depicting women. A sign-painting business whose owner objects to immigration could refuse to provide signs to Latino-owned businesses.

“Likening its cakes to the art of Jackson Pollock and Piet Mondrian, Masterpiece Cakeshop claims that they deserve protection as free speech no less than Pollock’s canvases. But whether the cakes are artistic is beside the point. As an individual artist, Pollock would not have been subject to a public accommodations law and could have chosen his customers. But if he had opened a commercial art studio to the public, he, too, would have been barred from refusing to sell a painting because a customer was black, female, disabled, or gay…

“Only laws that target religion, or that are intended to deny equal treatment to a protected class, trigger heightened scrutiny under the First Amendment’s religion clause and the Equal Protection clause. In a pluralist society, it is inevitable that many generally applicable laws will have incidental effects on different community members. But unless every man is to be a “law unto himself,” there cannot be an exemption for everyone who complains about a law’s indirect effect on his constitutional rights.

“That principle is especially appropriate for antidiscrimination laws, like the Colorado law that Masterpiece Cakeshop seeks to evade. Such laws are by their very nature designed to ensure equal treatment for all, so that no one has to endure the stigma and shame of being turned away by a business that disapproves of who they are. If those laws were subject to exemptions for anyone who could claim his product or service was expressive, they would become not a safeguard against discrimination, but a license to discriminate.”

If the Supreme Court favors the baker, expect businesses to claim that they don’t sell to interracial couples or to Muslims or Catholics or blacks or Jews or any group that offends their religious beliefs. This is an important decision.

This is a stunning and shocking expose by Mercedes Schneider, who has corresponded with a teacher at one of the Bay Area Rocketship charters and fed her documents about standard practices and policies. This is a scary documentation of child abuse.

A small sample:

“In a description of the “charter school nightmares” blog, “rkshp employee” notes the following:

“More about my school. We have:

no cafeteria
no school nurse
no on-site custodian
no school library
school is 7:45 – 4 PM (8.25+ hours) daily
recess is 15 minutes
lunch is 15 minutes and kids are not allowed to talk during lunch
every student (from pre-K to 5th grade) has mandatory computer class for 90 minutes a day

“In another post, “rkshp employee” notes, “Our 3 principals are all TFA (Teach for America) alum.””

This is worse than Dickensian.

If we had a functioning Office for Civil Rights in the U.S. Department of Education, it would launch an immediate investigation.

This is child abuse. Why do parents put their children in these absive institutions?