Archives for the month of: March, 2021

I wrote this article a few weeks ago. I submitted it to two major newspapers as an opinion piece. The editors at both newspapers said there were no cases in the judicial pipeline, and thus my proposal was impossible. But then on Monday February 22, the Supreme Court made a decision about a Trump challenge to the Pennsylvania balloting, rejecting it with a single sentence. That might have been the chance. Maybe there is another futile legal challenge that would make this plea possible. I offer it to you because I think it makes sense even if the op-ed editors don’t.

            The United States is split almost down the middle, as the last election demonstrated. Families and friends are hopelessly divided, and some people just can’t discuss politics anymore for fear of losing touch with people they care about. Some people blame Donald Trump, some blame Newt Gingrich, some trace the fissures back even farther in time. 

            Whenever it started, the issue today is how we are able to function as a nation when we can’t even agree on basic facts. The political polarization seems likely to last a long time, but at the very least we could heal some of the divisions by establishing one basic fact: Who won the last election. According to polls, most Republicans have been persuaded by former President Trump that the election was stolen from him. To this day, Trump continues to insist he won the election.

            There is only one tribunal where this issue of fact can be resolved to the satisfaction of almost all Americans, and that is the United States Supreme Court. The current composition of the Supreme Court heavily favors Republicans. Six of its nine members were appointed by Republican presidents: Chief Justice John Roberts (appointed by President George W. Bush); Justice Clarence Thomas (appointed by President George H.W. Bush); Justice Stephen Breyer (appointed by President Bill Clinton); Justice Samuel Alito (appointed by President George W. Bush); Justice Sonia Sotomayor, appointed by President Barack Obama); Justice Elena Kagan (appointed by President Barack Obama); Justice Neil Gorsuch (appointed by President Donald Trump); Justice Brett Kavanaugh (appointed by President Trump); and Amy Coney Barrett (appointed by President Trump). 

            Chief Justice John Roberts could lead the Court in deciding to consider one of the many challenges to the Presidential election of 2020. The Supreme Court declined to hear three challenges, and at least sixty cases were decided by state and federal courts. Surely, there must still be one in the pipeline that would allow the Supreme Court to review the evidence and reach a conclusion about whether the election was wrongly decided, whether there was massive voter fraud, and whether voting machines were rigged to favor the Biden-Harris ticket. One of the voting machine companies, Smartmatic, has been accused of “rigging” the vote in multiple states, but it was used only in Los Angeles County. Both Smartmatic and Dominion Voting Systems have filed massive defamation lawsuits against those who accused them of switching votes from Trump to Biden.

            A careful review by the Supreme Court could take into consideration the lengthy record of litigation in federal district courts and appeals courts where the Trump campaign was unable to produce any evidence for its claims of election fraud. Outside the courtroom, campaign officials made lurid charges of voter fraud, lost ballots, rigged machines, ballot dumps, and votes cast by dead people, but they didn’t repeat those claims in the courtroom because they had no evidence.

            If the nation is ever to heal, there must be a reckoning with the charges that are now poisoning our politics. A sizable portion of the nation does not believe that Joe Biden won the election. A significant part of the Republican Party believes that his presidency is illegitimate. Such claims damage the ability of our political system to function. These claims were the basis of the violent siege of the U.S. Capitol on January 6 that might have led to mass casualties, had it not been for the bravery of an overwhelmed Capitol Police force. Former President Trump has made clear that he will continue to insist that the election was stolen from him. He will not stop undermining his successor.

            Only an institution that has the trust of the majority of the American people, and especially an institution that has the trust of Republicans, can settle this matter to the satisfaction of the vast majority of our citizens. 

            Only the United States Supreme Court have the credibility to review the facts and set the record straight about the 2020 election. 

Success Academy charter network was directed by a federal district court judge to pay $2.4 million to families whose children with disabilities were pushed out.

Charter school network Success Academy, which touts its commitment to children “from all backgrounds,” has been ordered to pay over $2.4 million on a Judgment in a case brought by families of five young Black students with learning and other disabilities who sued after the children were pushed out of a Success Academy school in Brooklyn. Success Academy’s efforts to oust the children even included the creation of a “Got to Go” list, as reported by the New York Times in October 2015, which singled out the students they wanted to push out, including the five child plaintiffs.

The lawsuit, brought by New York Lawyers for the Public Interest, Advocates for Justice, and Stroock & Stroock & Lavan LLP, concluded on March 10, 2021 with Senior United States District Judge Frederic Block’s ruling, which included a precedent-setting determination that federal disability discrimination laws authorize reimbursement of expert fees.

The case charged that Success Academy engaged in practices targeting students with disabilities, in order to force them to withdraw. The practices detailed in the suit included regularly removing the children from the classroom and calling the parents multiple times daily.

“This Judgment provides justice to the children and families who suffered so much,” said Christopher Schuyler, a senior attorney in the Disability Justice Program at New York Lawyers for the Public Interest. “It also underscores the need for schools to cease doling out harsh punishments for minor infractions that can interrupt children’s academic progress and divert them into the school-to-prison pipeline.”

“Success Academy’s harsh, inflexible, one-size-fits-all approach to discipline is at odds with its obligation to reasonably accommodate students’ disabilities,” noted Kayley McGrath, an associate in Stroock’s Litigation Group. “These children and their families were forced to withdraw from the Success Academy network not only because their educational needs were not being met, but also because they were explicitly not welcome there. This Judgment recognizes that children with disabilities deserve access to an accommodating learning environment that approaches their needs not with contempt, but with empathy.”

“Success Academy forced these families to withdraw their children by bullying and daily harassment, instead of providing a quality education free from discrimination,” said Laura D. Barbieri, Special Counsel to Advocates for Justice. “New York’s parents and children deserve better, and we are pleased these families achieved justice.”

The litigation centered on five children, then a mere 4 to 5 years old, with diagnosed or perceived disabilities. Success Academy did not provide appropriate accommodations, and frequently dismissed the students prior to the end of the school day – often for behaviors like fidgeting and pouting.  Success Academy also threatened to call child welfare authorities to investigate the children’s families, and even sent one child to a hospital psychiatric unit. Each family eventually removed their child from the Success Academy network.


Maurice Cunningham is the Master of the Mysteries of Dark Money. In this post, he traces the shifting membership of the board of directors of the Walton-funded “National Parents Union.” You know what NPU wants: charter schools. After reading the story, you will understand who pays the bills: the Waltons and Charles Koch. They are parents too! Be sure to read Christine Langhoff’s comment.

The tiny city of Cudahy, California, is locked in battle with the mega-powerful KIPP charter chain over KIPP’s determination to build a charter school on a toxic waste site. KIPP is avoiding the usual environmental review that would be required for public schools. Local environmental activists and parents are raising money to fight the KIPP machine.

Larry Buhl writes in “Capital & Main”:

At issue are a state law allowing different building standards for different types of schools, and a planning code, obscure to most local residents, that allows a charter school company to build a new school without thoroughly cleaning up the site’s alleged toxins.

Using a process that allows the company to skirt state environmental rules, KIPP SoCal Public Schools plans to build a new elementary school on land that its own reports show contains toxic substances including lead and arsenic. The company can do that because the regulations for building or renovating charter and private schools are less restrictive than for state-funded district schools, and because Cudahy has, according to critics and plaintiffs in a lawsuit, used the wrong planning code to approve the project.

If charter schools were public schools, there would be a full environmental impact review.

Joe Biden just signed the most sweeping economic relief package since the New Deal. He has addressed poverty and inequality directly and fearlessly. Trump could boast of a massive tax cut for the rich. Biden can boast of putting money in the pockets of most Americans at a time of dire need. The number of children in poverty, by most estimates, will be cut in half.

A significant and permanent decline in the child poverty rate—currently higher in the U.S. than in other industrialized nations—will improve the lives of not only children, but families and communities. Children will have better nutrition, better child care, better access to medical care, and more stable lives, as the economic prospects of their families improve.

The plan establishes the benefit for a single year. But if it becomes permanent, as Democrats intend, it will greatly enlarge the safety net for the poor and the middle class at a time when the volatile modern economy often leaves families moving between those groups. More than 93 percent of children — 69 million — would receive benefits under the plan, at a one-year cost of more than $100 billion.

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The bill, which is likely to pass the House and be signed by Mr. Biden this week, raises the maximum benefit most families will receive by up to 80 percent per child and extends it to millions of families whose earnings are too low to fully qualify under existing law. Currently, a quarter of children get a partial benefit, and the poorest 10 percent get nothing.

Robert Kuttner of The American Prospect calls this “a watershed moment” that could demonstrate to working people that government is on their side. He writes:

With the passage of the American Rescue Plan, people who voted for Donald Trump grasped that the government, under a Democratic president, is sending each of their kids at least $3,000 a year, paying for their health coverage if they lose their jobs, topping up their unemployment compensation, keeping their local governments from cutting services, and a great deal more.

Government, in friendly hands, just might be on the side of the people—in a way that is simple, direct, and not filtered through private profiteers. Imagine that. Reprogram some tax breaks for the very rich that do nothing for anyone else, and government might deliver even more.

All of this public outlay will boost the economy so much that conservatives, who once emphasized the need for fiscal discipline and business tax breaks, are now warning that direct government help to regular people might cause the economy to grow too fast. What a nice problem to have.

Activist government has been demonized for more than a generation. A great many working-class people, who saw government under both parties getting into bed with elites rather than providing practical help, joined in the demonizing. Now, they just may give government and the Democrats a second look.

The New York Times said that the rescue plan’s direct income support for children amounts to “a policy revolution.”

Obscured by other parts of President Biden’s $1.9 trillion stimuluspackage, which won Senate approval on Saturday, the child benefit has the makings of a policy revolution. Though framed in technocratic terms as an expansion of an existing tax credit, it is essentially a guaranteed income for families with children, akin to children’s allowances that are common in other rich countries.

The plan establishes the benefit for a single year. But if it becomes permanent, as Democrats intend, it will greatly enlarge the safety net for the poor and the middle class at a time when the volatile modern economy often leaves families moving between those groups. More than 93 percent of children — 69 million — would receive benefits under the plan, at a one-year cost of more than $100 billion.

The bill…raises the maximum benefit most families will receive by up to 80 percent per child and extends it to millions of families whose earnings are too low to fully qualify under existing law. Currently, a quarter of children get a partial benefit, and the poorest 10 percent get nothing.

Joe Biden has staked his presidency on policies that echo FDR. He is the right leader for the moment. I have and will criticize his education policies. Mandating testing in the middle of a pandemic is thoughtless and cruel. But in confronting a once in a century pandemic and economic peril, his leadership has been peerless. And as Robert Kuttner wrote, Biden may even persuade working people to vote in their own interest and not to be swayed by the endless culture wars (e.g., trans bathrooms, cancel culture, Colin K’s knee) that Republicans use to mask their lack of any economic policy that benefits the vast majority of Americans.


Alexandra Petri and Jessica M. Goldstein of the Washington Post watched Oprah’s interview with Prince Harry and Meghan Markie and they came to a sudden realization: Princesses need unions!

Alexandra Petri is a Post Opinions columnist. Jessica M. Goldstein is a contributing writer to The Washington Post Magazine and Arts & Style. 

We represent the most beloved, best-known princesses in all the lands. From the outside, our lives look glamorous and happily-ever-after. But like Meghan Markle, we have found our experiences on the job to be challenging, degrading and even painful. During Meghan’s interview with Oprah, the duchess pointed out that, when she was an actress on “Suits,” she “had a union.” But in the royal family, she had no such support. This was a wake-up call, because we, too, have been suffering. We, too, need a union.

These are our stories.

Belle: I didn’t even want to be a princess. I did want to escape my poor, provincial town, and I sang about that every single morning. But the princess thing was definitely something that happened to me, as in, I was imprisoned. My living conditions were incredibly unsanitary. I tried to leave and was immediately attacked by wolves. I had no privacy whatsoever, even while drinking tea: My teapot turned out to be a co-worker (also uncompensated) and my teacup was her son (!). The members of my former community turned on me with actual pitchforks, and I was not offered any protection except by a wardrobe.

Ariel: My boss, who is also my father, refused to allow me to travel freely. I found someone who was willing to help me, but she coerced me into signing a contract without any legal representation present. Oprah asked Meghan: “Were you silent, or were you silenced?” I can say I was absolutely silenced by this undersea witch who stole my voice and put it in a seashell, which, not to be naive, I just didn’t even know that was something she could do.

Princess Peach: I am never not in a castle. Even when I’m not in one castle, it is because I am in another castle. Sometimes I am allowed to drive, but always on a closed course. I didn’t realize how not-okay any of this was until I learned that Meghan was obliged to give her passport to her in-laws and saw Oprah’s shocked response.

Princess Leia: I was asked to dress up in a demeaning outfit at work. More troublingly, I was never given my complete genealogy, which led to discomfort in my personal life. My mother, a queen, died in childbirth, even though we live in a world where everyone has spaceships. When asked for the cause of death, the robot attending physician said she was “too sad.” This might have been tolerable a long time ago; it is not tolerable now. I demand better maternity care for space royalty.

Fiona: At work, I was forced to listen to songs by Smash Mouth.

Cinderella: I’ve never been compensated for my labor ever in my life, and my entire life is labor. I’ve endured a litany of abuses by my manager (wicked stepmother) and her deputies (ugly stepsisters). Some particularly chilling examples: I’ve been forced to live and eat in a mouse-infested attic; denied access to basic hygiene (had to allow birds to style my hair); made to work overtime and holidays, including balls.

Aurora: I was injured in my workplace by a faulty piece of spinning equipment (where was OSHA?), which necessitated decades of bedrest. I received no paid sick leave, and I was obliged to submit to an experimental medical kiss-wakening treatment to which I had not consented in advance.

Snow White: I am doing the work of literally seven men for zero pay. I was poisoned on the job by a jealous competitor. Every time I walk to work, men whistle at me.

Jasmine: I am glad I didn’t know this then, but a tiger is actually not a safe companion for a child, and every time I look at old photos of myself, I wince with terror.

Mia Thermopolis: Unlike Meghan, I did receive guidance on how to behave as a princess. But the keratin treatment I was obligated to undergo permanently destroyed my natural curls, which did not need to be straightened in order to be beautiful. What they needed was proper curl care, including a microfiber towel, a sulfate-free shampoo and a moisturizing deep conditioner, none of which was provided to me.

Rapunzel: I second the concerns on the subject of hair cruelty.

Tiana: I have worked in the restaurant industry and the princess industry, and the restaurant industry was healthier. I do not say this lightly. Like Meghan, I was grateful for the time I had spent outside the princess bubble that allowed me to understand that none of the things I was experiencing within it were normal. Also, I was transformed into a frog.

Kate Middleton: I don’t think we need a union.

Scores of education deans signed a letter to Rep. Bobby Scott (D-VA), chair of the House Education Committee, in opposition to the recent announcement by the Biden administration that it would not grant waivers to states from the annual testing mandate in the Every Student Succeeds Act, which originated as part of the No Child Left Behind Act of 2002. The letter was written before the confirmation of Secretary of Education Miguel Cardona. The signatures were gathered by Kevin Kumashiro as spokesman for the group.

Dear Chairman Scott,

I am writing as a leader of Education Deans for Justice and Equity (https://educationdeans.org), an alliance of hundreds of education deans across the country with expertise in educational equity and civil rights.

We, in EDJE, are deeply concerned by the recent announcement by the U.S. Department of Education that it will not grant state waivers of ESSA mandates for 2021 student testing, as it did in 2020. Two weeks ago, we sent the attached letter to Secretary-Designate Miguel Cardona, signed by over 200 deans and other leaders, that outlines what we believe the research makes clear, namely, that there are fundamental problems with these tests, that the administration and use of these tests widen (not remediate) inequities, and that these problems are exacerbated in the midst of the pandemic.

We agree that we need data to make informed decisions and to address long-standing and emergent challenges, but to do so, we describe the different types of data that are needed and the assessments–other than state testing–that are more appropriate for such purposes. We urge you and Congress to act quickly and forcefully to insist that the Department waive mandates for 2021 student testing, and we are available to work and meet with you in support of this change.

The letter, included in the link below, begins:

As the nation struggles to address the impact of the pandemic on public schools, we urge the U.S. Department of Education to waive federal ESSA student-testing requirements for all states for 2020-2021 (as was done for 2019-2020).
We, Education Deans for Justice and Equity (EDJE), are an alliance of hundreds of deans of schools and colleges of education across the country who draw on our expertise as researchers and leaders to highlight three research findings to support our request.


First, ​problems abound with high-stakes standardized testing of students, particularly regarding validity, reliability, fairness, bias, and cost​. National research centers and organizations have synthesized these findings about standardized testing, including the ​National Educational Policy Center​ and ​FairTest​. For example, some of the ​harmful impacts​ of high-stakes testing include: distorted and less rigorous curriculum; the misuse of test scores, including grade retention, tracking, and teacher evaluation; deficit framing (blaming) of students and their families and ineffective remedial interventions, particularly for communities of color and communities in poverty; and heightened anxiety and shame for teachers and students. Researchers have also spoken specifically about annual state testing, like in ​California​ and Texas​, arguing that such assessments should not be administered, much less be the basis for high-stakes decision making.


Second, ​these problems are amplified during the pandemic.​ The research brief, ​The Shift to Online Education During and Beyond the Pandemic​, describes the “law of amplification” and ways that the shift to online education widens long-standing inequities and injustices in education, particularly for groups already disadvantaged in schools. These challenges with technology, logistics, and safety would unquestionably apply to testing, whether in-person or online. For example, districts that administer computer-based tests in-person are now trying to determine how to recall computers that were loaned to students in order to have enough computers in school, which in effect, means that those students will not have computers for remote learning for weeks. In fact, with the vast changes and differences in curriculum and instruction that resulted from the shift to online education over the past year—that is, the reduction in opportunities to learn, particularly in schools that were already under-resourced—the content validity of the tests is almost certainly compromised, as described by the ​National Education Policy Center​. Furthermore, with so much trauma in the lives of students and families, schools need to invest all they can into quality time with students, supplemental tutoring, and enrichment and wellness programs, not stress-inducing, time-consuming tests that provide narrow data of limited use.

Many people use the terms “test” and “assessment” interchangeably, but this is a mistake. In education, a test usually refers to a multiple-choice standardized test, while an assessment reflects a different way to evaluate what students know and can do. The SAT, which once was officially the Scholastic Aptitude Test, changed its name to the Scholastic Assessment Test, when it was a test, not an assessment. Finally it renamed its tests the SAT, which stands for nothing.

In this article, Arthur Camins calls on policy makers to abandon their obsession with standardized tests, which are not useful, and turn instead to a variety of assessments that help teachers and students understand whether the student has learned what was taught.

Rep. Jamaal Bowman is leading the fight in Congress to reverse the Biden decision to require standardized testing this spring. Randi Weingarten is president of the AFT. Jamaal was a middle school principal in the Bronx before he was elected to Congress. He was a leader in the opt-out of testing movement.

Together they wrote an article posted by NBC News about why the spring tests should be canceled.

A great way to inform the public.

Les Perelman, former professor of writing at MIT and inventor of the BABEL generator, has repeatedly exposed the quackery in computer-scoring of essays. If you want to learn how to generate an essay that will win a high score but make no sense, google the “BABEL Generator,” which was developed by Perelman and his students at MIT to fool the robocomputer graders. He explains here, in an original piece published nowhere else, why the American public needs an FDA for assessments, to judge their quality.

He writes:

An FDA for Educational Assessment, particularly for Computer Assessments

As a new and much saner administration takes over the US Department of Education led by Secretary of Education, Miguel Cardona, it is a good time, especially regarding assessment, to ask Juvenal’s famous question of “Who watches the Watchman.” 

Several years ago, I realized computer applications designed to assess student writing did not understand the essays they evaluated but simply counted proxies such as the length of an essays, the number of sentences in each paragraph, and the frequency of infrequently used words.  In 2014, I and three undergraduate researchers from Harvard and MIT, developed the Basic Automatic B.S. Essay Language Generator, or BABEL Generator that could in seconds generate 500-1000 words of complete gibberish that received top scores from Robo-grading applications such e-rater developed by the Educational Testing Service (ETS).   I was able to develop the BABEL generator because I was already retired and, aside from some consulting assignments, had free time for research unencumbered by teaching or service obligations.  Even more important, I had access to three undergraduate researchers, two from MIT and one from Harvard, who provided substantial technical expertise.  Much of their potential expertise, however, was unnecessary since after only a few weeks of development our first iteration of the BABEL Generator was able to produce gibberish such as

Society will always authenticate curriculum; some for assassinations and others to a concession. The insinuation at pupil lies in the area of theory of knowledge and the field of semantics. Despite the fact that utterances will tantalize many of the reports, student is both inquisitive and tranquil. Portent, usually with admiration, will be consistent but not perilous to student. Because of embarking, the domain that solicits thermostats of educatee can be more considerately countenanced. Additionally, programme by a denouncement has not, and in all likelihood never will be haphazard in the extent to which we incense amicably interpretable expositions. In my philosophy class, some of the dicta on our personal oration for the advance we augment allure fetish by adherents.

 that received high scores from the five Robo-graders we were able to access.

I and the BABEL Generator were enlisted by the Australian Teachers Unions to help the successful opposition to having the national K-12 writing tests scored by a computer.    The Educational Testing Service’s response to Australia’s rejection was to have three of its researchers  publish a study, “Developing an e-rater Advisory to Detect Babel-generated Essays,” that described their generating over 500,000 BABEL essays based on prompts from what are clearly the two essays in the Graduate Record Examination (GRE), the essay portion of the PRAXIS teacher certification test, and the two essay sections of the Test of English as a Foreign Language (TOEFL) and comparing the BABEL essays to 384,656 actual essays from those tests.  The result of this effort was the development of an “advisory” from e-rater that would flag BABEL generated gibberish.  

Unfortunately, this advisory was a solution in search of a problem.  The purpose of the BABEL Generator was to display through an extreme example that Robo-graders such as e-rater could be fooled into giving high scores to undeserving essays simply by including the various proxies that constituted e-rater’s score.  Candidates could not actually use the BABEL Generator while taking one of these tests; but they could use the same strategies that informed the BABEL Generator such as including long and rarely used words regardless of their meaning and inserting long vacuous sentences into every paragraph.

Moreover, the BABEL Generator is so primitive that there are much easier ways of detecting BABEL essays.  We did not expect our first attempt to fool all the Robo-graders we could access to succeed, but because it did, we stopped. We had proved our point.   One of the student researchers was taking Physics at Harvard and hard coded into BABEL responses inclusion of some of the terminology of sub-atomic particles such as neutrino, orbital, plasma, and neuron.  E-rater and the other Robo-graders did not seem to notice.  A simple program scanning for these terms could have saved the trouble of generating a half-million essays.

ETS is not satisfied in just automating the grading of the writing portion of its various tests.  ETS researchers have developed SpeechRater, a Robo-grading application that would score the speaking sections of the TOEFL test.  There is a whole volume of scholarly research articles on SpeechRater published by the well-respected Routledge imprint of the Taylor and Francis Group.  However, the short biographies of the nineteen contributors to the volume list seventeen as current employees of ETS, one as a former employee, and only one with no explicit affiliation.

Testing organizations appear to no longer have a wide range of perspectives, or any perspective that runs counter to their very narrow psychometric outlook.  This danger has long been noted.  Carl D. Brigham, the eugenicist who then renounced the racial characterization of intelligence and the creator of the SAT who then became critical of that test, wrote shortly before his death that research in a testing organization should be governed and implemented not by educational psychologists but by specialists in academic disciplines since it is easier to teach them testing rather than trying to “teach testers culture.”  

The obvious home for such a research organization is the US Department of Education.  Just as the FDA vets the efficacy of drugs and medical devices, there should be an agency that verifies not only that assessments are measuring what they claim to be measuring but also the instrument is not biased towards or against specific ethnic or socio-economic groups.  There was an old analogy question on the SAT (which no longer has analogy items) that had “Runner is to marathon as: a) envoy is to embassy; b) martyr is to massacre; c) oarsman is to regatta; d) referee is to tournament; e) horse is to stable.   The correct answer is c: oarsman is to regatta.   Unfortunately, there are very few regattas in the Great Plains or inner cities.