Archives for the month of: May, 2020

If you are ready for a hilarious read, read this.

Kellyanne Conway’s husband George is a conservative lawyer. He despises Trump. He is now leading an anti-Trump group of prominent Republicans called the Lincoln Project.

They recently aired an ad called “Mourning in America,” on FOX News.

Trump saw it and went crazy. He began tweeting insults at George Conway, who fielded them with grace and wit, qualities unknown to Trump.

It’s a great wit, especially when Trump calls Conway “moonface” and Conway adds the word to his Twitter ID.

The Big Bully just can’t take criticism and he is deflated when his target laughs at him.

Governor Andrew Cuomo announces that he is working with Bill Gates to re-imagine education in New York after the pandemic.

@ZackFinkNews

.@NYGovCuomo says New York State will be working with @gatesfoundation to develop a blueprint to “reimagine education” in New York State in post-COVID19 world.

Obviously Cuomo knows that Gates is one of the richest men in the world.

Obviously he does not know that every education idea promoted by Gates has failed. Think Common Core, which Gates funded singlehandedly, which was adopted by almost every state, and which has shown no results on national tests for a decade.

Think charters, which Gates has zealously funded and promoted. Think Detroit, where half the city’s schools are charters yet Detroit is the nation’s lowest in the NAEP tests.

Think value-added assessment, that is, evaluating teachers by the test scores of their students. This has been a massive failure, because test scores are influenced by hone background than by teachers.

Think standardization, and you will find where Gates’ heart lies.

Think anything Gates has funded in education and you will discover a lot of publicity, loud claims of success, but ultimate failure.

Doesn’t New York have a state board of education called the Board of Regents? Isn’t the Board of Regents the state authority on all things related to education? Does Cuomo think the Regents are chopped liver?

Why does Cuomo think he has the power to take control of the state’s education policy when the state constitution excludes him?

New York parents. Wake up. Don’t let Cuomo give your schools and children to Bill Gates.

Let him re-imagine someone else’s schools or go solve international conflicts or find a vaccine for coronavirus.

Education is not his strong suit. It’s the issue where he has consistently failed.

Take care of the pandemic and the economy, Governor Cuomo, and leave the schools to the Board of Regents, local school boards, parents, and educators.

From New York State law:

The University of the State of New York shall be governed and all its corporate powers exercised by a board of regents….” NYS Education Law section 202(1). https://codes.findlaw.com/ny/education-law/edn-sect-202.html

“Subject and in conformity to the constitution and laws of the state, the regents shall exercise legislative functions concerning the educational system of the state, determine its educational policies, and, except, as to the judicial functions of the commissioner of education, establish rules for carrying into effect the laws and policies of the state, relating to education, and the functions, powers, duties and trusts conferred or charged upon the university and the education department.” NYS Education Law section 207.  https://codes.findlaw.com/ny/education-law/edn-sect-207.html

James Hohmann of the Washington Post summarizes Trump’s calculated effort to destroy all oversight of his administration, including firing independent Inspectors General and refusing to send anyone to testify in hearings conducted by the House of Representatives. He believes he rules by divine right. He has all the makings of a fascist dictator. Do not be surprised if he cancels the November elections, because of this crisis. And do not be surprised if the Senate lets him. All they care about is power. The Constitution is just paper.

Hohmann writes:

The White House revealed on Monday that members of its coronavirus task force – and their deputies – are barred from testifying before Congress unless they get special permission from chief of staff Mark Meadows. The reason being given for blocking public health officials is that they’re busy trying to get control of a contagion that has now killed at least 68,172 and infected 1,175,000 Americans.

But this is just the latest in a growing list of power plays by President Trump to thwart congressional oversight and independent watchdogs from scrutinizing his administration’s response to the novel coronavirus and the way trillions of dollars are being distributed by the government.

A memo to congressional staff directors said this restriction on testimony also applies to the departments of Health and Human Services, Homeland Security and State. It decrees that committees are limited to no more than four virus-related hearings this month. “Given these competing demands in these unprecedented times, it is reasonable to expect that agencies will have to decline invitations to hearings to remain focused on implementing of COVID-19 response, including declining to participate in multiple hearings on the same or overlapping topics,” the memo states.

Last week, the White House blocked Tony Fauci, the nation’s top infectious diseases official, from testifying before a House committee, which is controlled by Democrats. But Fauci received permission from Meadows to testify next week before the Senate’s health committee, which is controlled by Republicans…

Speaker Nancy Pelosi mocked the White House for saying that officials on the coronavirus task force are too busy to visit the Capitol when they’ve stood by Trump’s side for hours at a time as he’s held court on matters that had little to do with the contagion during news conferences. “The fact is that we need to allocate resources,” Pelosi (D-Calif.) said last night on CNN. “In order to do that, any appropriations bill must begin in the House and we have to have information to act upon. So the fact that they said, ‘We’re too busy being on TV to come to the Capitol’ is, well, business as usual for them. But it is not business that will be helpful to addressing this.”

Trump has also systematically sought to sideline inspectors general. Outside groups that advocate for transparency in government say Trump’s moves make a mockery of the watchdog system created after Richard Nixon’s resignation to prevent future presidents from Watergate-style abuses of power.

After 8 p.m. on Friday, Trump moved to replace the top watchdog at HHS. She released a report last month on shortages in testing and personal protective gear at hospitals that undercut his public insistence that there were no such shortages. Now he’s nominated a permanent inspector general to take the job away from Christi Grimm, the principal deputy inspector general who has run the office in an acting capacity since January. She’s worked there in a nonpolitical capacity as a career investigator and auditor since the 1990s, uncovering waste, fraud and abuse. A White House spokesman declined to comment about the move, citing personnel decisions. But Trump lashed out at Grimm on Twitter and during a news conference after she published her findings.

Late on another Friday night, April 3, Trump fired the intelligence community’s inspector general who complied with a legal obligation to notify Congress that an urgent and credible whistleblower complaint had been filed with his office. That complaint, which drew public attention to the president’s July 25 phone call with Ukraine’s president, led to Trump’s impeachment.

On April 7, Trump blocked the Defense Department’s then-acting inspector general from overseeing a panel of watchdogs created to oversee $2 trillion in spending related to the coronavirus response. He did this by replacing Glenn Fine, the acting Pentagon inspector general who had been selected by the other watchdogs to lead the group, with Sean O’Donnell, the inspector general at the Environmental Protection Agency. O’Donnell is now serving in both the EPA and Pentagon watchdog roles, which makes Fine ineligible to lead the pandemic response panel.

The president has also nominated one of his own lawyers at the White House, who was involved in defending Trump during the impeachment proceedings, to serve in the new role of Special Inspector General for Pandemic Recovery. That lawyer, Brian Miller, will appear before the Senate Banking Committee this afternoon for his confirmation hearing. In a draft of his opening statement, Miller promises to be fair and impartial. Democrats plan to press him on this. This will be the first in-person hearing related to the coronavirus response since the House and Senate mostly left town in March.

The Economist is an influential publication based in London. It writes, as its name suggests, about world economic affairs. In its current issue, the publication makes the case that the schools must quickly reopen in order to restart the economy.

The Economist contends governments across the world should open schools as soon as possible. It argues that so long as schools are closed, the achievement gap between affluent and working-class children will grow. Its editors suggest that the reopening of schools should be done in stages, with the youngest children returning first, since they seem to be the least at risk.

This is the “short-read” version of their argument.

Covid-19 has shut the world’s schools. Three in four children live in countries where all classrooms are closed. The disruption is unprecedented. Unless it ends soon, its effect on young minds could be devastating…

During some epidemics keeping children at home is wise; they are efficient spreaders of diseases such as seasonal flu. However, they appear to be less prone to catching and passing on covid-19. Closing schools may bring some benefit in slowing the spread of the disease, but less than other measures. Against this are stacked the heavy costs to children’s development, to their parents and to the economy.

A few countries, such as Denmark, are gradually reopening schools. Others, including Italy, say they will not do so until the autumn. In America, despite recent calls from President Donald Trump for schools to open, most states plan to keep their classrooms closed for the rest of the academic year—and possibly longer. That is a mistake. As countries ease social distancing, schools should be among the first places to unlock.

Consider the costs of barring children from the classroom. No amount of helicopter parenting or videoconferencing can replace real-life teachers, or the social skills acquired in the playground. Even in the countries best prepared for e-learning, such as South Korea, virtual school is less good than the real thing.

Poorer children suffer most. Zoom lessons are little use if your home lacks good Wi-Fi, or if you have to fight with three siblings over a single phone. And whereas richer families often include well-educated parents who prod their offspring to do their homework and help when they get stuck, poorer families may not.

In normal times school helps level the playing field. Without it, the achievement gap between affluent and working-class children will grow. By one estimate, American eight-year-olds whose learning stopped altogether with the lockdown could lose nearly a year’s maths by autumn, as they fail to learn new material and forget much of what they already knew.

School matters for parents, too, especially those with young children. Those who work at home are less productive if distracted by loud wails and the eerie silence that portends jam being spread on the sofa. Those who work outside the home cannot do so unless someone minds their offspring. And since most child care is carried out by mothers, they will lose ground in the workplace while schools remain shut.

In poor countries the costs are even greater. Schools there often provide free lunches, staving off malnutrition, and serve as hubs for vaccinating children against other diseases. Pupils who stay at home now may never return. If the lockdown pushes their families into penury, they may have to go out to work. Better to re-open schools, so that parents can earn and children can study.

The obvious rejoinder is that shutting schools brings benefits. Covid-19 can be deadly. Parents do not want their children to catch it or to give it to grandma.

In a longer article, the Economist expands on its view that keeping schools closed will repress learning and widen inequality.

Schools have striven to remain open during wars, famines and even storms. The extent and length of school closures now happening in the rich world are unprecedented. The costs are horrifying. Most immediately, having to take care of children limits the productivity of parents. But in the long run that will be dwarfed by the amount of lost learning. Those costs will fall most heavily on those children who are most in need of education. Without interventions the effects could last a lifetime.

For these reasons Singapore in 2003 cut its month-long June holiday by two weeks to make up for a fortnight of school closures during the sars epidemic. Closing schools even briefly hurts children’s prospects. In America third-graders (seven-year-olds) affected by weather-related closures do less well in state exams. French-speaking Belgian students hit by a two-month teachers’ strike in 1990 were more likely to repeat a grade, and less likely to complete higher education, than similar Flemish-speaking students not affected by the strike. According to some studies, over the long summer break young children in America lose between 20% and 50% of the skills they gained over the school year.

Closures will hurt the youngest schoolchildren most. “You can make up for lost maths with summer school. But you can’t easily do that with the stuff kids learn very young,” says Matthias Doepke of Northwestern University. Social and emotional skills such as critical thinking, perseverance and self-control are predictors of many things, from academic success and employment to good health and the likelihood of going to jail. Whereas older children can be plonked in front of a computer, younger ones learn far more when digital study is supervised by an adult…

Of course schooling has not stopped completely, as it does during holidays. Nearly nine in ten affected rich countries are providing some form of distance-learning (compared with fewer than one in four poor countries). But video-conferencing has its limits. For poorer children, internet connections may be ropey. Devices may have to be shared and homes may be overcrowded or noisy. Of the poorest quarter of American children, one in four does not have access to a computer at home.

Less well-off children everywhere are less likely to have well-educated parents who coax them to attend remote lessons and help them with their work. In Britain more than half of pupils in private schools are taking part in daily online classes, compared with just one in five of their peers in state schools, according to the Sutton Trust, a charity (private schools are more likely to offer such lessons). In the first weeks of the lockdown some American schools reported that over a third of their students had not even logged in to the school system, let alone attended classes. Meanwhile, elite schools report nearly full attendance and the rich have hired teachers as full-time tutors….

Closures in Britain could increase the gap in school performance between children on school meals (a proxy for economic disadvantage) and those not on school meals, fears Becky Francis of the Education Endowment Foundation, another charity. Over the past decade the gap, measured by grades in tests, has narrowed by roughly 10%, but she thinks school closures could, at the very least, reverse this progress. At least over summer, teachers are not on tap for anyone. In the current lockdown some students can still quench their thirst for education not just with highly educated parents but also with teachers; others will have access to neither.

The journal also ran a story on how young people may be less likely to catch or pass on covid-19.

The three articles left out one very important group that is necessary for the reopening of schools: the adults who staff schools. Teachers, principals, and support staff. Unlike little children, the adults are vulnerable to COVID-19. How strange not to consider their safety. How bizarre to ignore the well-being of the adults who must be present for schools to reopen.

What would be the value of reopening the schools if the teachers and staff are not safe? One case of COVID among the teachers or staff, and the schools would quickly close again, causing even greater disruption.

The view of The Economist appears to be shaped by its eagerness to restart the economy. Everyone is eager to restart the economy and to end the prolonged period of shutdown that threatens financial catastrophe. But wouldn’t it be best to wait until the risks are lower?

It is worth noting that the U.K. has an even higher death rate than the U.S. In fact, the U.K. death rate is double the U.S. death rate. Boris Johnson was as skeptical at the beginning of the pandemic as Trump. Then he got the virus and was in intensive care. I think he takes the threat seriously now. I doubt that teachers in the U.K. or the U.S. or the rest of the world are ready to put their lives at risk to restart the economy, especially when the infection rate and the death rate continues to rise in both countries.

Mercedes Schneider describes a great puzzle at Eva Moskowitz’s celebrated Success Academy charter chain.

Moskowitz laid off staff, allegedly because of state budget cuts, which cost her chain $60 million.

At the same time, she is hiring new staff.

And the chain has $60 million in reserves.

And if it is austerity time, why didn’t Eva cut her own compensation of $889,000 a year? You know, as a gesture while firing people.

Another tour de force of forensic investigation by Schneider.

A new study reported in VOX contends that viewers of the Sean Hannity program on FOX News were likely to spread the coronavirus because of his assurances that it was not dangerous.

Throughout the coronavirus pandemic, media critics have warned that the decision from leading Fox News hosts to downplay the outbreak could cost lives. A new study provides statistical evidence that, in the case of Sean Hannity, that’s exactly what happened.

The paper — from economists Leonardo Bursztyn, Aakaash Rao, Christopher Roth, and David Yanagizawa-Drott — focused on Fox news programming in February and early March.

At the time, Hannity’s show was downplaying or ignoring the virus, while fellow Fox host Tucker Carlson was warning viewers about the disease’s risks.

Using both a poll of Fox News viewers over age 55 and publicly available data on television-watching patterns, they calculate that Fox viewers who watched Hannity rather than Carlson were less likely to adhere to social distancing rules, and that areas where more people watched Hannity relative to Carlson had higher local rates of infection and death.

“Greater exposure to Hannity relative to Tucker Carlson Tonight leads to a greater number of COVID-19 cases and deaths,” they write. “A one-standard deviation increase in relative viewership of Hannity relative to Carlson is associated with approximately 30 percent more COVID-19 cases on March 14, and 21 percent more COVID-19 deaths on March 28.”

This is a working paper; it hasn’t been peer reviewed or accepted for publication at a journal. However, it’s consistent with a wide body of research finding that media consumption in general, and Fox News viewership in particular, can have a pretty powerful effect on individual behavior.

A spokesperson for FOX News disputed the story and claimed it relied on “cherrypicking.”

Presumptive Democratic nominee Joe Biden and Senator Elizabeth Warren wrote this opinion piece, which appeared in McClatchy newspapers across the country, including the Miami Herald.

Please open the link and read it in full.

Biden and Warren write:

Relief legislation passed by Congress provides critical support for hospitals, families, small businesses and local governments — efforts that will save lives and help cushion the economic blows of this pandemic.

As the price of their support for these measures, Trump and the Republicans insisted on a $500 billion slush fund for big businesses with minimal conditions — a fund Trump could use to reward his political friends and punish his political enemies. They also jammed in a tax cut that overwhelmingly benefits millionaires. This tax break will be particularly helpful to hedge funds and real estate investors like the president’s friends and family — on top of the $1 trillion in giveaways to the wealthy and big corporations Trump previously pushed through Congress. The administration has even allowed a fund meant for America’s small businesses to be used by wealthy, well-connected investors. The cost is more than simply tax dollars — Americans’ faith in government is undermined when the price of helping everyone else is more giveaways for those at the top.

The coronavirus rescue package imposed some oversight of these programs, but when he signed it, Trump said he’d ignore the law and prevent a new inspector general from communicating with Congress. He then appointed a White House loyalist to serve in that role. And just to be sure there was no real accountability, he fired another inspector general independently designated to oversee the bailout…

Trump seems to think he can direct funding for the response to this crisis based on which politicians are nice to him, which states he’s trying to win in November and which businesses he wants to enrich — all without any accountability. We have a different view.

Taxpayer relief should go to those most in need. Hospitals, essential workers, small businesses, and state and local governments should get the help they need immediately. If large corporations want help, they should agree not to turn around and fire all their workers. The relief bill’s unconscionable tax giveaway that overwhelmingly benefits millionaires should be repealed. But that is not enough.

They go on to write about barring conflicts of interest, noting that neither of them owns individual stocks as a matter of policy.

They warn about the power of lobbyists and the need for public disclosure of lobbying for special favors by big corporations.

And they call for strict oversight of the massive spending bills, including protection for Inspectors General and whistleblowers.

The corruption built into the coronavirus relief funds is appalling, and it is heartening to see Biden and Warren–both experienced pros on matters of oversight–insisting on transparency and regulation of this vast spending. It gives me hope that we might be able to get our country back, come November 2020.

Read more here: https://www.miamiherald.com/article242350451.html#storylink=cpy

Media Contacts:

Ashley Levett, SPLC, ashley.levett@splcenter.org / 334-296-0084

Sharon Krengel, ELC, skrengel@edlawcenter.org / 973-624-1815, x24

Lindsay Kee, ACLU-TN, communications@aclu-tn.org / 615-320-7142

Christopher Wood, Robbins Geller, cwood@rgrdlaw.com / 615- 244-2203

Judge Strikes Down Tennessee School Voucher Law

NASHVILLE, Tenn. – Public school children in Tennessee won today when Davidson County Chancellor Anne C. Martin struck down the state’s private school voucher law, known as the Education Savings Account (ESA) Pilot Program. Because the law applies only to students in Davidson and Shelby counties, Chancellor Martin ruled that it violates the Home Rule provision of the Tennessee Constitution, which prohibits the General Assembly from passing laws that target specific counties without local approval.

The rulings are a milestone victory for the plaintiffs challenging the voucher law in two separate cases: public school parents and community members in Nashville and Memphis, who sued in McEwen v. Lee, and Davidson and Shelby County governments, in Metropolitan Government of Nashville v. Tennessee Department of Education.

The voucher law was enacted in May 2019 over the strong objections of legislators from both counties. The voucher program was originally intended to begin in the 2021-2022 school year, but Governor Lee accelerated the timeline with plans to issue vouchers starting this fall.

In March, the plaintiffs in McEwen v. Lee filed a lawsuit to challenge the voucher law in Davidson County Chancery Court. The lawsuit argues that the voucher law violates several provisions of the Tennessee Constitution, including the Home Rule provision as well as the Education and Equal Protection provisions and the Appropriation of Public Moneys provision.

When the state began accepting applications for vouchers to be used in fall 2020, the McEwen plaintiffs immediately moved for an injunction to temporarily block the law until the court had the opportunity to rule on its constitutionality.

Davidson and Shelby counties filed a motion for summary judgment in their separate lawsuit challenging the voucher law.

Both cases are before Chancellor Martin in Davidson County Chancery Court. Oral argument on the summary judgment motion was originally scheduled to be heard in late May. However, the McEwen plaintiffs requested that Chancellor Martin hear argument before the state began giving out vouchers for this fall. Accordingly, Chancellor Martin accelerated the schedule for oral argument on all motions in both cases, setting them for late April, and the McEwen plaintiffs secured the state’s agreement that it would not notify voucher applicants until after she issued her decision on the motions.

Chancellor Martin’s decision today, granting the counties’ summary judgment motion, now permanently enjoins the state from implementing the unconstitutional voucher program.

The McEwen plaintiffs are represented by Education Law Center and the Southern Poverty Law Center, which collaborate on the Public Funds Public Schools (PFPS) campaign to ensure public education funds are used exclusively to maintain, support and strengthen public schools. The plaintiffs are also represented by the American Civil Liberties Union of Tennessee and represented pro bono by the law firm Robbins Geller Rudman & Dowd LLP.

Plaintiff Roxanne McEwen, a public school parent in Nashville, said “I am grateful to Chancellor Martin for safeguarding the resources in Metro Nashville Public Schools and Shelby County Schools, and the rights of all public school children in these districts. Our public schools serve every child who walks through their doors. Especially in this time of crisis, our schools could not afford to have more resources drained away from them.”

“Chancellor Martin’s ruling is an enormous victory for Tennessee public school students,” said Chris Wood, a partner at Robbins Geller who argued for the McEwen plaintiffs last week. “This unpopular voucher program was forced on two communities without their consent, and it threatened to drain public resources from already underfunded public schools. Today, the voices of public school parents and community members were heard. The state needs to adequately fund our existing public schools, which educate the vast majority of students in Tennessee, instead of trying to send our taxpayer dollars to unaccountable private schools.”

# # #

The Southern Poverty Law Center, based in Alabama with offices in Florida, Georgia, Louisiana, Mississippi, and Washington, D.C., is a nonprofit civil rights organization dedicated to fighting hate and bigotry, and to seeking justice for the most vulnerable members of society. For more information, visit http://www.splcenter.org/.

Founded in 1973, Education Law Center is a national leader in advancing the rights of public school students to equal educational opportunity under state and federal law through litigation, policy, advocacy and research. For more information, visit http://www.edlawcenter.org/.

The ACLU of Tennessee, the state affiliate of the national American Civil Liberties Union, is a private, non-profit, non-partisan public interest organization dedicated to defending and advancing civil liberties and civil rights through advocacy, coalition-building, litigation, legislative lobbying, community mobilization and public education. For more information, visit http://www.aclu-tn.org/.

Robbins Geller Rudman & Dowd LLP is one of the world’s leading complex litigation firms representing plaintiffs in securities fraud, antitrust, corporate mergers and acquisitions, consumer and insurance fraud, multi-district litigation, and whistleblower protection cases. With 200 lawyers in 9 offices, Robbins Geller has obtained many of the largest securities, antitrust, and consumer class action recoveries in history, recovering tens of billions of dollars for victims of fraud and corporate wrongdoing. Robbins Geller attorneys are consistently recognized by courts, professional organizations and the media as leading lawyers in their fields of practice. Visit http://www.rgrdlaw.com/.

The Education Law Center, a legal group that litigates on behalf of civil rights, just tweeted this:

@EdLawCenter: Breaking: Judge declares Tennessee voucher law unconstitutional, enjoins State from implementing program @pfpsorg @splcenter

The tweet was copied by ELC to Public Funds Public Schools and the Southern Poverty Law Center.

As soon as I learn more about this decision, I will post it.

After a massacre that took 22 lives, Justin Trudeau announced a complete ban on all military-grade weapons in Canada.

Assault-style weapons are banned in Canada effective immediately, the country’s prime minister said Friday.

The move comes less than two weeks after Canada’s deadliest rampage in modern history, when a gunman in Nova Scotia killed 22 people after a 12-hour reign of terror.

“You don’t need an AR-15 to bring down a deer,” Prime Minister Justin Trudeau said at a news conference in Ottawa. “So, effective immediately, it is no longer permitted to buy, sell, transport, import or use military-grade assault weapons in this country.”

Police said the gunman had several semi-automatic handguns and at least two semi-automatic rifles, one of which was described by witnesses as a military-style assault weapon.

“These weapons were designed for one purpose, and one purpose only, to kill the largest number of people in the shortest amount of time. There is no use and no place for such weapons in Canada,” Trudeau said.