Archives for the month of: March, 2020

When the Network for Public Education issued two reports scrutinizing the failure of the federal Charter Schools Program, the second report was criticized by one Will Flanders of the far-right think tank Wisconsin Institute for Law and Liberty, whose critique was published by the Thomas B. Fordham Institute’s Flypaper. Flanders recently wrote a proposal to expand vouchers in Wisconsin and claimed that doing so would create an economic boom in the state. The Flanders claims were debunked by William Mathis of the National Education Policy Center.

Carol Burris of the Network for Public Education wrote about the debunking of Flanders by Mathis:

William Mathis, managing director of the National Education Policy Center, recently published a critical review of a report from the Wisconsin Institute for Law and Liberty (WILL) that argued for the expansion of vouchers in Wisconsin. The co-author of the report is Will Flanders, the research director of WILL. Flanders’ report claims that if vouchers are expanded, more low-income children will graduate college, thus creating a “ripple effect” of financial benefit for the state.
 
Readers of this blog might remember Mr. Flanders. Several months ago, he wrote a critique of our NPE report, Still Asleep at the Wheel that was published by the Thomas B. Fordham Foundation on its Flypaper blog. The blog entitled The Glaring Errors in NPE’s New Anti-charter School Report claimed that 11 of the 289 schools reviewed by NPE as part of our investigation of the Wisconsin grantees of the Federal Charter School Program were incorrectly labeled as closed.  
 
To identify those charters, NPE had used the Wisconsin list of closed schools. Apparently, there are some anomalies in Wisconsin listings–schools that change NCES numbers are sometimes listed as closed when they are not. When we further investigated, we found that Mr. Flanders was correct on five schools but that we were indeed correct regarding the status of the other 6 or the 11—not a very good average for Mr. Flanders given the size of the list. Ironically, as we did our review, we also found 2 closed charter schools we had missed. We made corrections. However, Mike Petrilli and Will Flanders refused to acknowledge and correct their errors beyond one school, The Banner School, no matter what evidence I presented.
 
Now it seems that our critic’s own work has far more glaring errors than a few mislabeled schools. 
 
Dr. Mathis points out a variety of problems with unsupported causal claims and poor use of research, etc. But I’ll zero in here on one part of the review: The WILL report includes two key numbers. First, it claims that voucher students are 38% more likely to graduate from college, a claim based on a single, problematic study that is inconsistent with other results and that has itself been critiqued.

Second, it claims that this 38% increase will generate a $3.2 billion increase in consumer spending and taxes. According to William Mathis, this $3.2 billion figure is the result of a substantial mathematical error: “… the trumpeted dollar figure in the report literally doesn’t add up. Lifting the voucher cap, readers are told, will generate a $3.2 billion increase in consumer spending and personal gains. But the figures presented in the report come up exactly $91 million short of $3.2 billion. This is undoubtedly just arithmetic carelessness (and it’s not clear which figures are the source of the error), but does further undermine one’s faith in the research.” The claim that vouchers will boost the economy by billions of dollars is sheer speculation.
 
Ouch!
 
Read what Ruth Conniff of the Wisconsin Examiner has to say about WILL and the report here. You can read the NEPC review here.

I wonder if we will see a Thomas B. Fordham blog entitled “The glaring errors in WILLs new pro-voucher report.” I suspect we will not.

This decision was announced on March 11:

Metropolitan News-Enterprise

Wednesday, March 11, 2020

Court of Appeal:
Nonprofit Chartered Schools Are Not Exempt From County Property Taxes, Assessments

By a MetNews Staff Writer

The Court of Appeal for this district yesterday affirmed Los Angeles Superior Court Judge Monica Bachner’s determination that a nonprofit charter school is not impliedly exempt, under the California Constitution, from payment of property taxes and special assessments.

The plaintiffs—Los Angeles Leadership Academy, Inc., which operates schools in Lincoln Heights, and two nonprofit public benefit corporations that own the land—brought suit for refunds and declaratory relief, contending that their schools, like public schools, should not be taxed.

Justice Elizabeth Grimes of Div. Eight wrote the opinion affirming Bachner’s judgment in favor Los Angeles County Assessor Jeffrey Prang and others.

Public Schools’ Exemption

Public schools are expressly exempt, under the state Constitution, from paying taxes and, it has been held, are impliedly exempt from paying special assessments, Grimes recited.

She wrote:

“We find no support in statutory or case law for plaintiffs’ implied exemption claim. Plaintiffs cannot establish that charter schools are public entities for purposes of exemption from taxation. Plaintiffs’ policy arguments to the contrary—that charter schools should be treated like public entities because monies taken for taxes and special assessments reduce monies available for educating students, and put charter schools at a competitive disadvantage with other public schools—are properly addressed to the Legislature, not to this court.”

Grimes noted that in the 2006 case of Wells v. One2One Learning Foundation, the California Supreme Court held, in an opinion by then-Justice Marvin Baxter, that while charter schools are “part of the public school system” for some purposes, they are not entitled to governmental tort immunity.

Legislative Specification

The Legislature has specified the circumstances under which chartered schools are a part of the public school system, Grimes said, pointing out:

“Notably absent is any suggestion that charters schools are to be treated like school districts for taxation purposes.”

The case is Los Angeles Leadership Academy v. Prang, B292613.

Thomas R. Freeman, A. Howard Matz, Hernan D. Vera and Fanxi Wang Bird of Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, represented the plaintiffs. Joel N. Klevens of Glaser Weil Fink Howard Avchen & Shapiro joined with Los Angeles Deputy County Counsels Nicole Davis Tinkham and Justin Y. Kim in arguing for the assessor.

Copyright 2020, Metropolitan News Company

Now here is a refreshing story from Florida.

Republican State Senator Tom Lee says he is fed up with the legislature’s micromanagement of education policy. Moreover, he actually noticed that the Legislature spends most of its time on 20% of the state’s students while ignoring the other 80% who attend public schools.

“As I talk to members, I don’t think there’s anyone quite where I am yet, but I’m fed up,” said the former Senate President. “With a Legislature that spends 80% of its time focusing on 20% of the students, we might as well name our education committee the committee on charter schools and vouchers. And if we get into this budget, I got plenty to say about our education budget as well.”

Lee complains there’s not a lot of flexible spending money for school districts, especially because of HB 5007, which the Legislature passed earlier this year. It changes how much state employees must contribute to the pension system. And it could end up costing school districts nearly $233 million statewide.

“I just think that until we get our foot off the neck of local school districts,” he said. “Let these school boards’ constitutionally elected officers manage the school districts. Get rid of some of these categoricals and stop micromanaging.”

Lee says that he’s just not interested in micromanaging and implementing punitive measures to create unequal competition between choice, charter and public schools. He says sometimes he feels like Republicans have run out of good ideas.

“Until you get a chance to go ‘mano a mano‘ with people on this floor and tell the truth and play a little game of show and tell here about what’s really going on, you’re not going to move public policy in this state because the fix is in.”

The Florida House passed a bill to protect “parents’ rights” against decisions by the school system.

The House advanced sweeping, if aspirational, legislation codifying a parent’s “bill of rights” on Monday. The vote in favor was 77-41.

The House version (CS/HB 1059), sponsored by Rep. Erin Grall, now includes a technical amendment that reaffirmed parental rights to any type of school (public, private, and even home schooling).

Another Grall amendment vouchsafed parental rights to spike objectionable instructional material “based on beliefs regarding morality, sex, and religion or the belief that such materials are harmful.”

The amendments offered reassured some Democratic critics of the bill, but not enough to earn their votes.

Parents already have the right to home school or send their children to private schools.

This bill would give parents the right to “protect” their children from topics that are objectionable to their religious beliefs in class, such as sex education.

The bill’s gist: that state or other governments would not be allowed to limit a parent’s right to direct the moral and religious upbringing, education, health care, and mental health of his or her child.

The bill permits opt-outs for students on issues ranging from sex education to vaccination. As well, explicit consent for medical care and data collection for students in a school setting is included in the bill.

Some Democrats thought that the emphasis should be on children’s rights.

Although it is not mentioned in the article, many states expect teachers to report signs of physical abuse, but if parents believe they have the right to beat their children, the parents’ right would be paramount. Why should the teachers have the “right” to report such abuse to authorities?

If parents don’t want their child to be taught by a teacher whose religion is different from their parents, can they switch teachers nor be excused from those lessons as well as any test questions based on those lessons? If parents object to evolution on religious grounds, may they be excused from biology classes that might include any reference to evolution?

If parents object to their child learning about certain episodes in history (suppose the parent is a Holocaust denier or objects to teaching about slavery or genocide), may their child be excused from those classes, as well as any tests about those objectionable subjects? If they are Turkish and oppose any teaching of the “Armenian genocide,” may their children be shielded from those lessons?

You can think of many topics that might be offensive to parents. Do parents have the right to censor the curriculum to protect their child and exercise “parental rights”? This is not a hypothetical question. There have been numerous instances where parental objections have led to certain books being taken out of the curriculum and even removed from school libraries. (With the increasing disappearance of school libraries, this is less of an issue than it used to be.)

On January 23, the Orlando Sentinel published an investigative report that nearly 160 religious schools receiving public money for vouchers openly discriminated against LGBT students, families, and staff.

The Florida House just rejected a bill to make such discrimination in publicly funded schools illegal. To make it plain, the Florida House sent a message to religious schools that it is just fine to discriminate against gay students, families, and staff.

Leslie Postal and Annie Martin wrote:

The Florida House voted down a proposal to prohibit discrimination against LGBTQ students in the state’s school voucher programs Friday as it moved to expand the number of state-financed scholarships available to send youngsters to private schools.
Rep. Carlos Guillermo Smith, D-Orlando, urged his colleagues to “tackle the issue of LGBTQ discrimination,” with him and some other Democrats arguing private schools that take Florida scholarships shouldn’t be able to ban gay students any more than they could ban students based on their race.

But the measure was defeated in the Republican-controlled House, and Smith said he doubted he had any other legislative avenues to pursue the issue this year.

This will not disturb Secretary of Educatuon DeVos. Her family foundation has given large donations to anti-gay groups for years (e.g., the Family Research Council and Focus on the Family).

I don’t know about you but I found tonight’s speech by Trump about the coronavirus to be extremely vapid. He praised the response of his administration to the crisis but didn’t say exactly what it was doing in real time. He did not mention the federal government’s failure to supply tests for the virus, which is a critical issue. Every major country in the world is testing more people per day than we are. We are not testing many people because tests are not available. After lavishing praise on his administration and the strength of our economy, he announced a travel ban with Europe, exempting Great Britain, which also has a coronavirus problem. Trump announced a variety of plans to help business, but investors were not reassured. According to reports on Twitter, stock futures plummeted after Trump spoke.

This is the way Joy Reid of MSNBC summarized the speech on Twitter:

Summary of Trump’s solutions to the coronavirus pandemic:
-ban European travel (though the virus is already here)
-business tax cuts
-payroll tax cut which cuts money from Medicare (the virus is most deadly to the elderly)
-bragging about the economy
-oh and wash your hands!

Business Insider reported this two days ago, and there is no reason that anything has changed in the past two days:

As the novel coronavirus spreads globally — more than 100 countries have reported cases — governments are ramping up testing.
South Korea and China have tested hundreds of thousands of cases. According to the Centers for Disease Control and Prevention, the US has tested fewer than 2,000.
The US has performed five coronavirus tests per million people, compared with South Korea’s 3,692 tests per million people.

As of Sunday, 1,707 Americans had been tested for the novel coronavirus, according to the Centers for Disease Control and Prevention. South Korea, by contrast, has tested more than 189,000 people. The two countries announced their first coronavirus cases on the same day.

In the US, test-kit shortages have hampered health authorities’ ability to get a clear sense of how many Americans are infected. Compared with many other countries affected by the coronavirus, in fact, the US has done the fewest COVID-19 tests per capita.

South Korea’s testing total so far, when broken down into number of tests performed per million citizens, seems to be about 700 times as high than the US’s.

Ask yourself: What is the federal government doing to expand the supply of tests and distribute them across the nation?

Trump did not address this issue tonight.

In a surprising turn, a bipartisan majority of the Senate voted to overturn Betsy DeVos’s rule to restrict debt relief to students who were bilked by colleges that defrauded them. The House already rebuked DeVos and passed the legislation. The bill will go to Trump, who may veto it or sign it. Will he protect Betsy DeVos or the students who were cheated? The Republicans who voted with Democrats were moved by the plight of veterans who were bilked.

WASHINGTON — In a bipartisan rebuke, the Senate voted Wednesday to overturn a major Trump administration rule that would sharply limit debt relief for students misled by schools that lured them in with false claims about their graduates’ career and earning prospects.

In a 53-42 vote that included 10 Republicans, the Senate easily struck down a revised Education Department rule finalized in September by Education Secretary Betsy DeVos. The House passed a companion resolution in January. The legislation will now go to President Trump, who will decide whether to uphold the rule with a veto or side with Congress over his own education secretary.

He has told Senate Republicans he is “neutral” on repealing the rule, though he has yet to comment on his veto intentions.

Ms. DeVos’s rule was one of several efforts to rewrite Obama-era debt relief measures, which allow students who attended schools that committed serious fraud to request that their loan debts be forgiven. Ms. DeVos’s changes raised the bar for borrowers’ relief claims, requiring applicants to individually prove that a school knowingly misled them and that they were financially harmed by the deception. It also set a three-year deadline on claims….

Democrats emphasized the harm from the rule to veterans bilked out of G.I. Bill benefits, a critical move that brought on Republicans.

Ms. DeVos’s changes “made it extremely difficult for these students to get any relief,” Senator Richard J. Durbin, Democrat of Illinois and the minority whip, who led the effort in the Senate, said on Wednesday. “The students are up in arms over it, and I’m joining them.”

A policy statement issued by the Trump administration in February defended Ms. DeVos’s rule as a change that “restores due process, the rule of law, and student choice,” and said that the president’s advisers “would recommend that he veto” attempts to overturn it.

The Senate action poses a political quandary for Mr. Trump. He has pressed the Education Department for a proposal to match sweeping college debt plans proposed by Democratic presidential candidates. And veterans, who backed the Senate measure, have been key political supporters….

So far, the Education Department has approved 51,000 loan-relief applications — nearly all of them during the Obama administration — and eliminated some $535 million in debt. About 170,000 applications still await a decision.

Ms. DeVos had denounced the debt-relief system as a “free money” giveaway, and sought repeatedly to curtail it. Her first attempt was blocked in 2018, after a federal judge ruled that the Education Department broke privacy laws by illegally obtaining information from the Social Security Administration on individual borrowers’ earnings.

Ironic, isn’t it, that Secretary DeVos, a billionaire who has never known debt, has no sympathy whatever for veterans, war widows, poor people, or young people who were lured by fake universities to pursue worthless degrees. Compassion and empathy are not her strong points.

Teresa Hanafin writes the daily “Fast Forward” for the Boston Globe. Here is a part of today’s commentary:

The number of reported Covid-19 infections — that’s the respiratory illness caused by the coronavirus — has zoomed past 1,000 in the US, doubling just since Sunday. At least 1,050 people in 38 states and D.C. have tested positive; at least 29 people have died.

That’s a very high death rate, but it’s probably not accurate. Why? Because the Trump administration simply does not have a good picture of how widespread the virus is. There could be hundreds of thousands more cases out there, which would lower the rate, but who knows?

The problem is the shockingly low amount of testing in the US: As of yesterday, the CDC and local public health agencies had tested only somewhere between 6,000 and 8,500 people. South Korea, which announced its first coronavirus case on the same day as the US — Jan. 21 — had tested more than 189,000 people as of Sunday. Since they are testing about 10,000 people a day, that number is probably above 200,000 now.

This isn’t just a disgraceful embarrassment; it’s a huge risk to US residents.

VP Mike Pence, the public face of the government’s response, keeps saying that “millions” of tests are being sent out by private companies to hospitals and private labs, and that everyone whose doctor wants them to be tested because they have symptoms can get a test. But that simply isn’t true. Every news organization has interviewed hospital officials, doctors, and others who are frustrated at their inability to get their hands on tests.

And of course, in the 51 days since the first case was confirmed, the administration still has not figured out how to find out from those private entities how many people they have tested and what the results are.

Don’t you feel reassured?

Critics say Trump simply wasn’t nimble and decisive enough to handle a major public health crisis, obsessed instead with downplaying the threat because he thought the virus would make him look bad.

So sure, keep bragging that you restricted some people from China after three major US airlines stopped flights to and from there on their own. And keep bragging that you’re an expert on the virus because one of your uncles taught at MIT. (I know it seems like I’m making up some of this stuff, but yes, he really made that association. It’s the Time of Trump and just about everything is rather unbelievable.)

Next I expect him to take over the development of a vaccine so that he can make the greatest vaccine the world has ever known and people can’t believe it and they all say to him you are the greatest we’ve never seen anything like this it’s never been done before and Obama stunk.

For your amusement/despair, here are some of his recent greatest hits:

“By April, you know, in theory, when it gets a little warmer, it miraculously goes away.” (Um, no, it won’t. Experts hope it will ease like other viruses, but they really don’t know.)

“The Obama Administration made a decision on testing that turned out to be detrimental to what we’re doing.” (Not true.)

“We’re going very substantially down, not up.” (Not true.) “We have it so well under control. I mean, we really have done a very good job.” (Keep telling yourself that, bucko.)

“If, you know, we have thousands or hundreds of thousands of people that get better just by sitting around, and even going to work — some of them go to work, but they get better.” (Infecting your co-workers might not be a good career move.)

“As of right now and yesterday, anybody that needs a test [can have one], (still not true) that’s the thing, and the tests are all perfect, like the letter was perfect — the transcription was perfect.” (Good grief. That again?)

“I took quick action on closing our borders.” (He didn’t close any borders. After American, Delta, and United airlines suspended flights between the US and China, he barred most foreign nationals who had recently visited China from entering the US.)

“Everybody said [about the travel restrictions], ‘It’s too early, it’s too soon,’ and good people, brilliant people, in many ways, doctors and lawyers and, frankly, a lot of people that work on this stuff almost exclusively. And they said, ‘Don’t do it.’ ” (No, they didn’t.)

“They would like to have the people come off [the Grand Princess cruise ship, off the coast of California]. I would like to have the people stay [on board]. Because I like the numbers being where they are.” (Yes, it has been shown that artificially suppressing the number of infected people so you don’t look bad is the single most effective action against the virus.)

***
Unfortunately, it’s not just Trump. Theatrical congressman Matt Gaetz of Florida wore a gas mask on the floor of the House during a debate about virus funding to mock the whole crisis. He thought it was hilarious — until one of his constituents died from the illness.

A woman in North Carolina told an NBC reporter last week that she does not believe that coronavirus exists or that anybody has died from it because it’s just Democrats making the whole thing up. What’s scary is that people like her vote…

Finally, it’s National Worship of Tools Day and I won’t bother telling you that I thought it was about somebody in particular but then I saw the photo of hammers and screwdrivers. What a bizarre day anyway.

Apparently you have to be a friend of Trump to be tested promptly for the novel coronavirus. All others must stand in line for tests that are seldom available.

Two close congressional allies of President Trump underwent coronavirus testing in recent days in apparent defiance of federal recommendations reserving those tests for patients exhibiting symptoms of infection — and amid growing concerns about the availability of testing for Americans who are sick.

Reps. Matt Gaetz (R-Fla.) and Mark Meadows (R-N.C.), the latter of whom Trump named last week as the next White House chief of staff, both said in statements that the tests showed no infection after exposure to a coronavirus carrier at the annual Conservative Political Action Conference last month in suburban Washington.

The two lawmakers also said they were exhibiting no symptoms of respiratory illness, raising questions of why they were tested at all.

The Centers for Disease Control and Prevention recommends that health-care providers prioritize tests for hospitalized patients who are exhibiting coronavirus symptoms, elderly and medically fragile individuals, along with others who have shown signs of illness after contact with a known or suspected coronavirus patient.

Gaetz, 37, and Meadows, 60, are not known to belong to any groups at high risk for infection. Spokesmen for the two lawmakers declined to comment beyond their public statements confirming the negative test results and their decision to self-quarantine as a precaution.

The scarcity of testing has emerged as a crucial challenge to the U.S. response to the coronavirus outbreak, with health providers, public officials and individuals all calling for more widespread testing capacity. The unavailability of tests makes it difficult crucial challenge to the U.S. response to the coronavirus outbreak, with health providers, public officials and individuals all calling for more widespread testing capacity. The unavailability of tests makes it difficult to determine how many Americans are infected with the disease.

https://www.washingtonpost.com/powerpost/trump-allies-got-coronavirus-tests-despite-lack-of-symptoms-and-shortage/2020/03/10/e9512064-62e7-11ea-b3fc-7841686c5c57_story.html

Garrison Keillor included these birthday notes today in his daily “Writer’s Almanac,” which is online and free.

It was on this day in 1818 that Mary Shelley’s novel Frankenstein was published (books by this author).

Two years before she had spent the summer in a cabin on Lake Geneva with her lover, Percy Bysshe Shelley, her sister Claire, and Claire’s lover, the poet Lord Byron. It rained a lot that summer, and one night, Byron suggested they all write ghost stories. At first Mary had trouble coming up with a story, but while lying in bed, reported having a waking nightmare, seeing a vision of a man reanimating a creature. She wrote: “I saw the pale student of unhallowed arts kneeling beside the thing he had put together. I saw the hideous phantasm of a man stretched out, and then, on the working of some powerful engine, show signs of life, and stir with an uneasy, half vital motion.” So she set to work on Frankenstein.

It’s the birthday of children’s author and illustrator Ezra Jack Keats (books by this author), born Jacob Ezra Katz in Brooklyn (1916). The son of impoverished Jewish immigrants from Warsaw, he wanted to be an artist, and that worried his family — but he couldn’t afford art school, so he got a job painting murals for the Works Progress Administration, and designed army camouflage during World War II.

The first book he wrote and illustrated on his own was The Snowy Day (1962), done all in collage, about a young black boy named Peter playing in his neighborhood after a new snowfall. It was one of the first children’s books to feature a black character. He went on to illustrate more than 80 children’s books, and to write and illustrate more than 20 books.

He said, “I love city life. All the beauty that other people see in country life, I find taking walks and seeing the multitudes of people.”