Archives for the month of: February, 2021

David Berliner and Sharon Nichols wrote this opinion article for the San Antonio Express-News. The headline: “STAAR Outcome Obvious; Test Is a Waste of $90 Million.” Nichols is a professor at the University of Texas in San Antonio and Berliner is an emeritus professor at Arizona State University.

They write:

Published in the San-Antonio Express-News, Wednesday 2/3/2021

STOP THE STAAR TESTING—TEXAS’S STANDARDIZED ACHIEVEMENT TEST

Sharon L. Nichols is professor and chair of the Department of Educational Psychology at the University of Texas, San Antonio. David C. Berliner is Regents’ Professor Emeritus at the Mary Lou Fulton College of Education at Arizona State University.

The Texas Education Agency is submitting a waiver request to the U.S. Department of Education seeking to pause the A-F school grading process this year. This is good. Continuing the charade of grading schools on the social-class makeup of their students has always been unethical. That is because “who” attends the schools is the overwhelming determinant of the standardized test scores on which school grades are based. So, calling schools “A” or “D, “good” or “bad,” without visiting schools and evaluating staff and the quality of instruction that kids get is unintelligible—if not simply mean. 

However, according to the waiver notice put out by the TEA, we should still make students take the annual STAAR test this year because “it remains critical that parents, educators, and policymakers understand the impact of the pandemic on student learning.”

This is absurd. Let’s just admit kids have fallen behind in learning the standard curriculum. Most of us are sure that is the case. But we have no way of estimating what they might have learned from time at home: cooking, gardening, playing educational games, practicing instruments, tutoring siblings, reading on their own, etc. They weren’t all watching cartoons! 

It costs Texans $90 million to test students every year. Why would we want to spend $90 million of taxpayer money on an endeavor that will yield information Texas already has. Data from other states’ testing programs inform us that year-to-year school scores are correlated so high, that if state testing were to be suspended for one or two years, there would be hardly any change in what was learned about a schools’ performance and its relative rank among the state’s schools. Texas already has 2019 test scores. So, if you give the test this year, you will spend $90 million only to learn something already known. Surely such money could be used for some other educational needs. 

Furthermore, if you want to know how the students are doing vis-á-vis the desired school curriculum, ask a teacher. Studies show they can predict the rank order of their students on the state’s test amazingly well. 

Another important reason for not testing this year is that content coverage by students has been uneven. Some kids took to remote learning, some didn’t; some kids had an adequate computer and a reliable Wi-Fi signal, but some did not. Some had a parent at home working with them, some did not. Some grappled with COVID-19 directly having to cope with sick family members, some did not.

We know that depression rates skyrocketed over the past year, with three times as many Americans meeting criteria for depression during the pandemic. We have no idea how this has affected millions of school-aged children. So, if the Texas curriculum for, say, 5th grade mathematics or language arts was not taught fully, or not received by every child, the test is patently invalid. That is because the test designers assume all kids have had an equal chance at exposure to the content of a state’s required curriculum. 

If that assumption has clearly not been met, as in the 2019-2020 school year and now the 2020-2021 school year, the test scores obtained are prima facie uninterpretable. Furthermore, to use such a test for any consequential decision-making is in violation of the code of ethics of the American Psychological Association, the American Educational Research Association, and the National Council on Measurement in Education. Consequential decisions made on the basis of those invalid tests are easily and rightfully challenged in court. STAAR data for 2021 are tainted. 

So, do we really want to spend $90 million dollars of our education budget on standardized achievement tests when it is clear students need new curriculum to discern facts from lies; when they need to deal with history and contemporary issues related to racism, sexism, social class differentiation, and climate change; or when they need to learn the rights and obligations of citizenship in our state and nation? Surely, in Texas, there are better ways to use $90 million dollars.

I have known Rachel Levy for about a decade as a strong and fearless supporter of public schools. She just announced her candidacy for the Virginia House of Delegates. I will help her in every way possible, including a donation to her campaign. I hope you will help her too.

RachelLevy_For Delegate 2.jpg

Dear Friends,


It’s time. I’m ready. I’m running.

I am a teacher, a parent, and a community leader with a PhD in education. I believe public education is the backbone of a healthy democracy, healthcare is a human right, and that we must protect our environment and conserve our natural resources.

I believe that Virginia’s 55th District deserves independent-minded, principled, service-oriented, and competent representation.

Right now, I’m in the “soft” launch period. I am spreading the word and building my campaign. You can sign up to receive campaign emails and updates, and to be informed of events and volunteer opportunities by completing this form: http://eepurl.com/hoNLiX. All future campaign updates should be coming via that email service.

Again, to sign up for my email list, go here.

Want to know more? Check out my campaign website and follow the campaign on facebooktwitter, and instagram. You can even donate.

Thank you for your support.

Best,


Rachel

— 

Rachel Levy, Ph.D
Rachel for Delegate, 55th Districtrachelfordelegate.orghttps://twitter.com/RachelAnneLevyhttps://www.facebook.com/RachelforDelegatehttps://www.instagram.com/rachelfordelegate/
https://secure.actblue.com/donate/friends-of-rachel-levy-1

join my email list: http://eepurl.com/hoNLiX

In 2015, I wrote about a group of high school students in Houston who sued the state for underfunding public schools. Valerie Strauss wrote about them too. She wrote: ““The two students who filed the brief on behalf of the HISD Student Congress, an organization that represents about 215,000 students in the district, are Zaakir Tameez, a member of the 2015 class of Carnegie Vanguard High School, and Amy Fan, a member of the 2016 class of Bellaire High School.”

I have always believed that students have more power than they know and they need to speak up about their education.

The two young people who founded the HISD Student Congress–Tameez and Fan–filed an excellent brief, but their appeal on behalf of underfunded school districts was rejected 9-0 by the Texas Supreme Court, which is elected statewide and consists of Republicans. The court complimented the students on their brief on page 24 of the ruling, footnote 100:  “High school students Zaakir Tameez and Amy Fan, with the help of other students, have filed an excellent amicus brief.”

These are remarkable young people, our hope for the future.

After graduating from HISD, Amy Fan went to Duke University, where she graduated in 2020. She returned to Houston and is now the official advisor to HISD StuCon. She helped co-found a local civic engagement collective with other HISD StuCon alumni called Institute of Engagement. They just launched Shift Press, an online publication for Houston youth to tell their stories. 

Zaakir Tameez is a remarkable young man. After he graduated from high school, he enrolled at the University of Virginia. He was an intern with the President of the University of Virginia and with Nobel Laureate Joseph Stiglitz. After his graduation, he was selected as a Fulbright Scholar and is currently studying in the UK. He will begin Yale Law School in the fall.

So much for the detractors of Houston public schools!

Zaakir Tameez recently wrote to alert me that the school district (HISD) is trying to take control of the HISD Youth Congress away from students.

HISD is now trying to take over the Student Congress and replace it with a “district-sanctioned vehicle” that operates “under the direction” of administrators. In other words, district staff recommended that the board dissolve the student-run, student-led group that has been operating for seven years now to create something new that they can control. 

It would mean so much to us if you could speak on this – a short blog post, or even a tweet. We are trying to raise awareness to fight back. It’s a sad situation, really. We’ve spent years advocating for greater funding & resources for HISD and to prevent the board takeover that is being planned by the State of Texas. 

But then, this. Without any heads up, they are attempting to take us over.  Not one board member or member of district staff has reached out to us yet to inform us of the resolution. I am attaching the resolution text and an FAQ on the situation…Your response would be so greatly appreciated. We’re proud that you came from the same schools that we did. 




One of the first and most important decisions that Secretary-designate Miguel Cardona will make is whether to grant waivers to the states that want to suspend the annual federal testing mandated by the Every Student Succeeds Act. Some states–like New York–intend to request waivers, in light of the turmoil and unequal access to education caused by the pandemic. Others–like Texas and Arkansas–plan to proceed with their regular testing program regardless of the harm inflicted on students, teachers, and families by the past year.

Education Trust, headed by former Secretary of Education John King, has organized several groups to demand that Secretary Cardona refuse any requests by states for waivers. It makes no sense for a group of corporate reformers to insist that the Secretary of Education reject the requests of states that sincerely believe their students will be harmed if the federal government refuses to grant waivers at their request. Shouldn’t states have the authority to decide what is in the best interests of their students?

As I explained in my article in the Washington Post, the standardized tests have no diagnostic value. The tests are given in the spring, and the results are returned in the fall, six months later. Teachers never learn what their individual students do or do not know. The tests do not help the students or their teachers. They do not reduce inequity. They do not narrow or close achievement gaps. Because of the tests, schools have sacrificed the arts, civics, history, science, even recess. They have harmed the quality of education.

It is time to turn the corner on two decades of failed test-and-punish strategies. The last NAEP showed that the kids at the very bottom actually lost ground in recent years, despite (or because of) the heavy emphasis on testing. If we really cared about equity, we would reduce class sizes in the high-needs schools and make sure that they were staffed with experienced teachers. There are many positive ways to improve the schools, and more standardized testing is not one of them.

What can parents do? Opt out. It is wrong to test students this spring when access to education was disrupted by the pandemic. Do not allow your child to take the tests. They are pointless and meaningless, this year more than usual.

Jeff Bryant writes in Alternet about the renewed strength of the voucher forces, which have been energized by Republican gains in the states in the 2020 elections. They aim to defund the public schools that enroll most children and send public money to private and religious schools, even to home schoolers and entrepreneurs.

He begins:

Supporters of public education and school teachers were relieved to see Betsy DeVos leave her job as head of the Department of Education, knowing full well the education policies she and former President Trump supported would go nowhere in a President Biden administration. But they should remain incensed over how her efforts to privatize public schools are being rolled out in state legislatures across the country.

In states as politically diverse as WashingtonArizonaGeorgiaVirginia, and New Hampshire, state legislators are introducing bills to increase the number of charter schools and create new school voucher programs or greatly expand current ones. According to the Educational Freedom Institute (EFI), a think tank that advocates for vouchers, charter schools, and other forms of “school choice,” there are at least 14 states actively considering legislation to pour greater sums of taxpayer dollars intended for public education into privately operated schools. Many of the bills have been introduced since the November 2020 elections, which ousted Trump and DeVos but resulted in big gains for Republicans down-ticket.

These proposals to privatize public schools are taking on new forms that are less transparent, would be easier to pass through legislation, and take larger sums of money from public schools, which educate between 80 and 90 percent of American children. Further, the bills are surfacing when public education is highly vulnerable due to the pandemic and the ensuing economic havoc it is wreaking.

Supporters of public education and the common good must mobilize and push back against efforts to weaken and/or destroy the public schools. Republican legislators are ignoring their own state constitutions, and the historic American tradition of separation of church and state by pushing public money to religious schools. Their obvious goal is to cut funding to education, and they don’t care if it reduces the quality of education in their states, as it surely will. Religious schools and the other private schools that take vouchers hire uncertified teachers, are free of state oversight, and teach prejudice.

Valerie Strauss posted this article that I wrote on her Washington Post site “The Answer Sheet.” The tests now required by federal law are worthless. The results are reported too late to matter. The reports to teachers do not tell them what students do or do not know. The tests tell students whether they did well or poorly on a test they took six months ago. They do not measure “learning loss.”

Diane Ravitch is a former assistant secretary of education and historian. For more than a decade, she has been a leading advocate for America’s public education system and a critic of the modern “accountability” movement that has based school improvement measures in large part on high-stakes standardized tests.


In her influential 2010 book, “The Death and Life of the Great American School System,” Ravitch explained why she dropped her support for No Child Left Behind, the chief education initiative of President George W. Bush, and for standardized test-based school “reform.”


Ravitch worked from 1991 to 1993 as assistant secretary in charge of research and improvement in the Education Department of President George H.W. Bush, and she served as counselor to then-Education Secretary Lamar Alexander, who had just left the Senate where he had served as chairman of the Senate Education Committee. She was at the White House as part of a select group when George W. Bush first outlined No Child Left Behind (NCLB), a moment that at the time she said made her “excited and optimistic” about the future of public education.


But her opinion changed as NCLB was implemented and she researched its effects on teaching and learning. She found that the NCLB mandate for schools to give high-stakes annual standardized tests in math and English language arts led to reduced time — or outright elimination — of classes in science, social studies, the arts and other subjects.


She was a critic of President Barack Obama’s policies and his chief education initiative, Race to the Top, a multibillion-dollar competition in which states (and later districts) could win federal funds by promising to adopt controversial overhauls, including the Common Core State Standards, charter schools and accountability that evaluated teachers by student test scores.


In 2013, she co-founded an advocacy group called the Network for Public Education, a coalition of organizations that oppose privatizing public education and high-stakes standardized testing. She has since then written several other best-selling books and a popular blog focused primarily on education.


She was also appointed by President Bill Clinton to the National Assessment Governing Board, which oversees the federal National Assessment of Educational Progress, and served for seven years.

In the following post, she provides a historical overview of standardized testing — and takes issue with supporters who say that these exams provide data that helps teachers and students. Instead, she says, they are have no value in the classroom.


The subject has resonance at the moment because the Biden administration must decide soon whether to give states a waiver from the federal annual testing mandate. The Trump administration did so last year after schools abruptly closed when the coronavirus pandemic took hold in the United States, but said it wouldn’t do it again if President Donald Trump won reelection. Trump lost, and now Biden’s Education Department is under increasing pressure to give states permission not to administer the 2021 tests.

By Diane Ravitch


I have been writing about standardized tests for more than 20 years. My 2000 book, “Left Back: A Century of Battles Over School Reform,” included a history of I.Q. testing, which evolved into the standardized tests used in schools and into the Scholastic Aptitude Test, known now simply as the SAT. The psychologists who designed these tests in the early 20th century believed, incorrectly, that you inherited “intelligence” from your family and nothing you might do would change it. The chief virtue of these tests was that they were “standardized,” meaning that everyone took the same ones. The I.Q. test was applied to the screening of recruits for World War I, used to separate the men of high intellect — officer material — and from those of low intellect, who were sent to the front lines.
When the psychologists reviewed the test results, they concluded that white males of northern European origin had the highest I.Q., while non-English-speaking people and Black people had the lowest I.Q. They neglected the fact that northern Black people had higher I.Q. scores than Appalachian White people on the Army’s mental tests. Based on these tests, the psychologists believed, incorrectly, that race and I.Q. were bound together.


One of the psychologists who helped create the wartime I.Q. tests was Carl C. Brigham of Princeton University. He wrote an influential book, called “A Study of American Intelligence,” in 1923, which proclaimed that the “Nordic” race had the highest intelligence and that the increasing numbers of immigrants from Southern and Eastern Europe were causing a decline in American intelligence.


His findings encouraged Congress to set quotas to limit the immigration of so-called “inferior” national groups from places like Russia, Poland and Italy. Brigham, a faculty member at Princeton, used his knowledge of I.Q. testing to develop the Scholastic Aptitude Test in 1926. Because they could be easily and cheaply scored by machine, the SAT tests eventually replaced the well-known “College Boards,” which were written examinations prepared and graded by teams of high school teachers and college professors.


Standardized testing occasionally made an appearance in American schools in the second half of the 20th century, but the tests were selected and used at the will of state and local school boards. The Scholastic Aptitude Test was important for college admission, especially for the relatively small number of elite colleges. Nonetheless, it was possible to attend an American public school from kindergarten through 12th grade without ever taking a standardized test of academic or mental ability.


This state of affairs began to change after the release of the Reagan administration’s “Nation at Risk” report in 1983. That report claimed that the nation’s public schools were mired in “a rising tide of mediocrity” because they were too easy. Politicians and education leaders became convinced that American education needed higher standards and needed tests to measure the performance of students on higher standards.


President George H.W. Bush convened a national summit of governors in 1989, which proclaimed six national goals for the year 2000 in education, including:


• By the year 2000, United States students will be first in the world in math and science.

• By the year 2000, all students will leave grades 4, 8, and 12 having demonstrated competence over challenging subject matter including English, mathematics, science, foreign languages, civics and government, economics, arts, history and geography.


Such goals implied measurement. They implied the introduction of widespread standardized testing.


In 1994, President Bill Clinton introduced his Goals 2000 program, which gave grants to every state to choose their own standards and tests.


In 2001, President George W. Bush put forward his No Child Left Behind legislation, which required every student in grades 3 to 8 to take a standardized test in reading and mathematics every year, as well as one test in high school. Test scores would be used to judge schools and eventually to punish those that failed to make progress toward having every student achieve competency on those tests. The NCLB law proclaimed that by 2014, virtually every student would achieve competency in reading and mathematics. The authors of NCLB knew the goal was impossible to achieve.


When Barack Obama became president, he selected Arne Duncan as secretary of education. The Obama administration embraced the NCLB regime. Its own program — Race to the Top — stiffened the sanctions of NCLB.


Not only would schools that did not get high enough test scores be punished, possibly closed or privatized for failing to meet utopian goals, but teachers would be individually singled out if the students in their classes did not get higher scores every year.
The Bush-Obama approach was recognized as the “bipartisan consensus” in education, built around annual testing, accountability for students, teachers, principals and schools, and competition among schools. Race to the Top encouraged states to authorize charter school legislation and to increase the number of privately managed charters, and to pass legislation that tied teachers’ evaluations to the test scores of their students.


Duncan also promoted the Common Core State Standards, which were underwritten by philanthropist Bill Gates; the U.S. Department of Education could not mandate the Common Core, but it required states to adopt “common national standards” if they wanted to be eligible to compete for a share of the $4.35 billion in federal funding that the department controlled as part of the recovery funds after the Great Recession of 2008-09.


The department was able to subsidize the development of two new national tests aligned to the Common Core, the Partnership for Assessment of Readiness for College and Careers (PARCC) and the Smarter Balanced Assessment Consortium (SBAC). At the outset — in 2010 — almost every state signed up for one of the two testing consortia. PARCC had 24 state members; it is now down to two and the District of Columbia. SBAC started with 30 state members; it is down to 17.


Politicians and the general public assume that tests are good because they provide valuable information. They think that the tests are necessary for equity among racial and ethnic groups.


This is wrong.


The tests are a measure, not a remedy.


The tests are administered to students annually in March and early April. Teachers are usually not allowed to see the questions. The test results are returned to the schools in August or September. The students have different teachers by then. Their new teachers see their students’ scores but they are not allowed to know which questions the students got right or wrong.


Thus, the teachers do not learn where the students need extra help or which lessons need to be reviewed.


All they receive is a score, so they learn where students ranked compared to one another and compared to students across the state and the nation.


This is of little value to teachers.


This would be like going to a doctor with a pain in your stomach. The doctor gives you a battery of tests and says she will have the results in six months. When the results are reported, the doctor tells you that you are in the 45th percentile compared to others with a similar pain, but she doesn’t prescribe any medication because the test doesn’t say what caused your pain or where it is situated.


The tests are a boon for the testing corporation. For teachers and students, they are worthless.


Standardized test scores are highly correlated with family income and education. The students from affluent families get the highest scores. Those from poor families get the lowest scores. This is the case on every standardized test, whether it is state, national, international, SAT, or ACT. Sometimes poor kids get high scores, and sometimes kids from wealthy families get low scores, but they are outliers. The standardized tests confer privilege on the already advantaged and stigmatize those who have the least. They are not and will never be, by their very nature, a means to advance equity.


In addition, standardized tests are normed on a bell curve. There will always be a bottom half and a top half. Achievement gaps will never close, because bell curves never close. That is their design. By contrast, anyone of legal age may get a driver’s license if they pass the required tests. Access to driver’s licenses are not based on a bell curve. If they were, about 35 to 40 percent of adults would never get a license to drive.


If you are a parent, you will learn nothing from your child’s test score. You don’t really care how he or she ranks compared to others of her age in the state or in another state. You want to know whether she is keeping up with her assignments, whether she participates in class, whether she understands the work, whether she is enthusiastic about school, how she gets along with her peers. The standardized tests won’t answer any of these questions.


So how can a parent find out what he or she wants to know? Ask your child’s teacher.


Who should write the tests? Teachers should write the tests, based on what they taught in class. They can get instant answers and know precisely what their students understood and what they did not understand. They can hold a conference with Johnny or Maria to go over what they missed in class and help them learn what they need to know.


But how will we know how we are doing as a city or a state or a nation? How will we know about achievement gaps and whether they are getting bigger or smaller?


All of that information is already available in the reports of the National Assessment of Educational Progress (NAEP), plus much more. Scores are disaggregated by state, gender, race, disability status, poverty status, English-language proficiency, and much more. About 20 cities have volunteered to be assessed, and they get the same information.


As we approach the reauthorization of the Every Student Succeeds Act — the successor law to No Child Left Behind — it is important to know this history and this context. No high-performing nation in the world tests every students in grades 3 to 8 every year.


We can say with certainty that the No Child Left Behind program failed to meet its purpose of leaving no child behind.


We can say with certainty that the Race to the Top program did not succeed at raising the nation’s test scores “to the top.”


We can say with certainty that the Every Student Succeeds Act did not achieve its purpose of assuring that every student would succeed.


For the past 10 years, despite (or perhaps because of) this deluge of intrusive federal programs, scores on the NAEP have been flat. The federal laws and programs have come and gone and have had no impact on test scores, which was their purpose.


It is time to think differently. It is time to relax the heavy hand of federal regulation and to recall the original purposes of the 1965 Elementary and Secondary Education Act: to distribute funding to the neediest students and schools; to support the professional training of teachers; and to assure the civil rights of students.


The federal government should not mandate testing or tell schools how to “reform” themselves, because the federal government lacks the knowledge or know-how or experience to reform schools.


At this critical time, as we look beyond the terrible consequences of the pandemic, American schools face a severe teacher shortage. The federal government can help states raise funding to pay professional salaries to professional teachers. It can help pay for high-quality prekindergarten programs. It can underwrite the cost of meals for students and help pay for nurses in every school.


American education will improve when the federal government does what it does best and allows highly qualified teachers and well-resourced schools to do what they do best.


Andrew Tobias blogs occasionally, usually around 1 a.m., and he usually has interesting perspectives on politics, culture, and economics. This is a good one:

The Madness Of Crowds

More than a third of Republicans believe the QAnon conspiracy that Donald Trump is waging a secret war against a shadowy cabal of paedophile cannibals is “mostly true” . . .

So, for the record:

>  No Democrat I know has eaten children or worshipped Satan.

>  Though some Republicans deny it, the Parkland massacre — like the Holocaust — was real.

>  The 9/11 attackers really did crash American flight 77 into the Pentagon.

>  The Clintons did not murder John Kennedy, Jr.

>  I’ve met George Soros.  He’s done more to champion freedom and democracy around the world than anyone I can think of.  The idea that he used space lasers to light California’s forest fires is insane.

As is the idea that someone who believes these things would have been endorsed by the leader of the Republican party; would have been elected; and would be appointed by her Republican colleagues to the Education Committee.

The difference between our fringe and theirs is that our “fringe” fights (peacefully) to give the average American a better deal:  Higher wages.  Consumer protections.  Health care.  A habitable planet for their kids.  Crazy s–t like that.

Their fringe beats Capitol Police with American flags, wears Camp Auschwitz t-shirts, and seeks to murder the House Speaker and Vice President.

To which their leader, watching gleefully on TV, eventually responds: “Go home.  I love you.  You are very special people.

Their fringe are evangelicals — especially the one African American in the crowd the camera dutifully zooms in on — who just laugh at the notion Joe Biden could have won.  (WATCH!)

Because who who better embodies Christ’s teachings than Trump?

The first crowd madness we are living through is the madness of those who’ve been conned into believing Trump and Putin are the ones to be trusted — the good guys in this tale — while the 84 million who voted for Biden are somehow in league with the devil.

[BONUS: Tips on deprogramming a QAnon cultist.]

This article in the New York Times magazine describes a protest at the Capitol in Virginia on January 20, 2020. It is supposed to be an annual event where people peaceably assemble to exercise their Constitutional rights and express support for their causes.

But last year was different. And it raises this question: Can Americans peaceably assemble when many of them are armed with military-grade weapons that threaten those who dissent?

There are 400 million privately owned guns in America, by some estimates, and on Jan. 20, 2020, some 22,000 of their owners arrived at the State Capitol of Virginia, a neoclassical building designed by Thomas Jefferson that sits on a rolling lawn in the hilly center of downtown Richmond. The occasion was Lobby Day, a recent tradition in Virginia, held annually on Martin Luther King’s Birthday, on which citizen groups come to the Capitol to directly air their concerns to their representatives in the State Legislature. The concerns of the gun owners, who were assembled by an organization called the Virginia Citizens Defense League, were in one sense specific: They were protesting a raft of firearms-related bills the Legislature’s new Democratic majority was taking up that would tighten the state’s generally permissive gun laws. Seventy-eight counties in the state, making up the near-entirety of its rural areas, had declared themselves “Second Amendment sanctuaries,” according to the V.C.D.L.

Gun owners see any restriction on guns, no matter how reasonable, as a threat to their “rights.” They are certainly unaware that the Federal Government banned the manufacture of assault weapons for civilian use in 1994.

The Public Safety and Recreational Firearms Use Protection Act or Federal Assault Weapons Ban (AWB) was a subsection of the Violent Crime Control and Law Enforcement Act of 1994, a United States federal law which included a prohibition on the manufacture for civilian use of certain semi-automatic firearms that were defined as assault weapons as well as certain ammunition magazines that were defined as “large capacity.”

The 10-year ban was passed by the US Congress on September 13, 1994, following a close 52–48 vote in the US Senate, and was signed into law by US President Bill Clinton on the same day. The ban applied only to weapons manufactured after the date of the ban’s enactment. It expired on September 13, 2004, in accordance with its sunset provision. Several constitutional challenges were filed against provisions of the ban, but all were rejected by the courts. There were multiple attempts to renew the ban, but none succeeded.

So there is nothing in the Constitution or in the Second Amendment that prohibits limits on the sale or manufacture of military-grade weapons to civilians.

Will Congress act again? Not likely with a Congress so evenly divided along ideological lines. Not likely with the Republican Party in thrall to the gun lobby, which opposes all restrictions. The Sandy Hook massacre of twenty babies and six staff members at an elementary school in Connecticut in 2012 did not move Congress to limit gun purchases, nor did the Parkland massacre of seventeen people in 2018. Nor did the Orlando massacre of 49 people in 2016. Nor did the Las Vegas massacre of 2017, when a lone killer murdered 60 people and injured others who were attending an outdoor concert.

What will it take?

One of the casualties of the 2020 election was public education in New Hampshire, because Republicans regained control of the legislature. They already hold the Governorship (Chris Sununu, son of John Sununu, who was also Governor of New Hampshire and chief of staff to the first President Bush).

The Republicans’ top priority is school vouchers. Their program, if enacted, would be the most expansive voucher program in the nation. At least 95% of students in the state would be eligible to apply for a voucher.

A new bill that would create the country’s first nearly universal voucher program has been introduced as the top priority for lawmakers in the 2021 session. House Bill 20(HB 20) would require the state to use state dollars currently allocated for public education to fund “Education Freedom Accounts.” Parents could then receive between $3,786 and $8,458 per student in state dollars, depending on eligibility and fees, to use for private school tuition, homeschooling expenses, and other school-related expenses. 

The bill creates the same voucher program that lawmakers originally introduced in 2017 under SB 193 (though they were called “Education Freedom Savings Accounts” then), which was killed because of the deep inequities it would cause for students, as well as the steep costs to the state and local towns. The current version of the bill, HB 20, has no accountability requirements to ensure that students are receiving an adequate education or that public funds are being spent for the stated purposes, aside from self-reporting by the independent scholarship organization. 

“Our communities are struggling under an inequitable funding system which will culminate in an $89 million cut in state funding next year. However, lawmakers have stated that one of their top priorities this session is to enact the most far-reaching voucher program in the country,” said Christina Pretorius, Policy Director at Reaching Higher NH.

“A question that I think our state leaders should ask is, what kind of state do we want 5, 10, 15 years from now? Will this program help to strengthen our state, our economy, and prepare our students — current and future — for life in the 21st century? This proposal, along with the funding crisis, presents a reckoning for our state, that I think we all need to grapple with,” she continued.

Here’s what you need to know:

  • HB 20 would create a nearly universal voucher program, where students attending both public and private schools would qualify for a voucher. Students who enroll in the program must disenroll full-time from their public or charter school. 
  • There are no provisions in the bill that would protect students from discrimination, but the bill does protect educational service providers from being discriminated against based on their religious affiliation. 
  • Parents could receive between $3,786 and $8,458, minus administrative fees, depending on the student’s eligibility for state aid programs. The funding would be placed in an “Education Freedom Account,” or voucher, managed by an independent scholarship organization and funded from the state’s Education Trust Fund.  
  • Parents could use the voucher for various education-related expenses, including private and religious school tuition and program costs, homeschooling costs, tutoring services, computers and software, summer programs, college tuition, or other approved expenses. Recipients are permitted to “roll-over” unused funds from year to year. 
  • Students with disabilities might waive their rights under federal and state disability laws, including the right to an IEP, the right to services, and the right to a free and appropriate education in the least restrictive environment. 
  • There is little public oversight for state funds. There is no financial audit requirement for the scholarship organization to ensure that they are appropriately using public funds, nor are participating students required to take, or submit, the statewide assessment that public and charter school students are required to take. There is no requirement that participating students take any assessment of any kind, in order to ensure that public dollars are going towards programs that provide the opportunity for an adequate education.
  • HB 20, as proposed, would be the most far-reaching voucher bill in the country. Other states with voucher programs are targeted to low-income students, students with IEPs, and other identified or discrete student cohorts. HB 20, however, would be a nearly universal voucher program that is not targeted and is open to nearly all New Hampshire children. 
  • Voucher programs have been shown to hurt student outcomes. Long-term studies of voucher programs have shown that participants in voucher programs have significantly lower math and reading scores than those who do not, and that those dips persist for years after the initial study. Other, short-term studies by independent research organizations and universities suggest that voucher programs hurt, or have an insignificant impact, on student outcomes.



Jonathan Swan and Zachary Basu interviewed people who were in the “room where it happened,” the meeting where Trump’s lawyers duked it out with conspiracy theorists in the White House on December 18. Their account of the meeting is gripping.

Four conspiracy theorists marched into the Oval Office. It was early evening on Friday, Dec. 18 — more than a month after the election had been declared for Joe Biden, and four days after the Electoral College met in every state to make it official.

“How the hell did Sidney get in the building?” White House senior adviser Eric Herschmann grumbled from the outer Oval Office as Sidney Powell and her entourage strutted by to visit the president. 

President Trump’s private schedule hadn’t included appointments for Powell or the others: former national security adviser Michael Flynn, former Overstock.com CEO Patrick Byrne, and a little-known former Trump administration official, Emily Newman. But they’d come to convince Trump that he had the power to take extreme measures to keep fighting. 

As Powell and the others entered the Oval Office that evening, Herschmann — a wealthy business executive and former partner at Kasowitz Benson & Torres who’d been pulled out of quasi-retirement to advise Trump — quietly slipped in behind them.

The hours to come would pit the insurgent conspiracists against a handful of White House lawyers and advisers determined to keep the president from giving in to temptation to invoke emergency national security powers, seize voting machines and disable the primary levers of American democracy.

The Axios’ story is a dramatic account of a turning point that led to the Insurrection on January 6 and the second impeachment of Trump for inciting sedition.

The New York Times published a dramatic account of the 77 days in which Trump and his faithful allies planned and plotted to overturn the election he lost. I hope you can open the article. It’s Kong and well-worth the time to read. Trump has a faithful base of people who will believe anything he says, no matter how far-fetched, no evidence necessary. One thing they all have in common: they are ignorant about our Constitution and the norms of our democracy.

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