Archives for the month of: August, 2021

The University of Virginia adopted a vaccination mandate. Of its 27,000 students, 238 students were “disenrolled” because they didn’t get vaccinated. About 96.6% are vaccinated. A small number of students (1.3%) received medical or religious exemptions and are required to wear a mask and get tested regularly.

A university spokesman said:

“If you’re unvaccinated, we ask that you wear a mask at all times — indoors or outdoors — whenever you’re around people,” said Coy. “Anyone unvaccinated and has an exemption will have to test once a week, we’re starting once a week: That might go up.”

News flash: We are in the midst of a deadly, once-in-a-century pandemic. More than 600,000 Americans have died a horrible death, gasping for breath in a crowded hospital room with no family member there to comfort them, no family member to hold their hand as they die.

Yet, there are millions of people who refuse to be vaccinated and who vigorously protest any effort to mandate masks or vaccinations. They try to intimidate those who disagree with them, and even when they are a minority, they often succeed by their bullying tactics. Even when they are a majority, should their right to be free of masks and vaccinations take precedence over the rights of other parents who want their children to be safe from a deadly virus? I think not.


The Los Angeles Times reported stories that could easily be replicated in many other school districts:

The American Academy of Pediatrics recently urged the U.S. Food and Drug Administration to authorize COVID-19 vaccines for children under 12 as the Delta variant “created a new and pressing risk to children and adolescents across this country.”

But differences of opinion have led to aggressive confrontations at some school board meetings.

In Asheville, N.C., a few dozen parents opposing Buncombe County Board of Education’s mask mandate forced the board on Aug. 5 to call a recess, then “overthrew” the board and declared themselves the new leaders of the county’s public education system.

In Franklin, Tenn., a crowd of angry parents shouted, “We will not comply!” at a board meeting Tuesday and threatened public health officials who supported mask mandates.

Britt Maxwell, 43, a parent and internist who treats COVID-19 patients in Nashville, was left shaken after attending the board of education meeting in Franklin and finding that those who supported wearing masks were outnumbered about 10 to 1 by a raucous crowd of anti-maskers.

Maxwell said a mask mandate in Williamson County elementary schools was a no-brainer with Delta surging. His two children, ages 7 and 11, are not vaccinated. “The facts are clear,” Maxwell said in an interview. “This isn’t hypothetical. Children are getting sick, now more than ever, and hospitals all across the South … are being stretched to the limit.”

He and other healthcare workers were booed by a crowd that chanted, “No more masks,” and carried signs reading, “Your fear does not take away my freedom” and “Let kids be kids. No mask mandates.”

As Maxwell and his wife left the meeting, a woman called him a traitor.

“My colleagues came with facts and statistics; nobody wanted to hear that,” he said. “They treated us like the enemy and that couldn’t be further from the truth. We were there for the same reason as them — we want to protect the children, including their children.”

Jeff Bryant is a journalist who specializes in education. In a recent issue of The Progressive, he details the many failures of what is falsely called “education reform.” The term for many has been a ruse for privatization via charter schools and vouchers. Instead of “reform,” it should be called disruption and destruction. Bryant leads the Progressive’s Public School Advocate project. This is a good-news story. Ed Reform has no successful strategies or ideas, but it’s billionaire funders and the U.S. Department of Education continue to fund its failed ideas.

He begins:

It was telling that few people noticed when Chicago’s Board of Education announced in late May that it was closing down its school turnaround program and folding the thirty-one campuses operated by a private management company back into the district.

The turnaround program had been a cornerstone of “Renaissance 2010,” the education reform policy led by former Chicago Public Schools Chief Executive Officer Arne Duncan, who became U.S. Secretary of Education during the Obama Administration. As the news outlet Catalyst Chicago reported, Duncan used the core principles of Renaissance 2010 as the basis for “Race to the Top,” his signature policy that he rolled out to the nation.

Race to the Top, a successor to former President George W. Bush’s “No Child Left Behind” program, included holding schools accountable for higher scores on standardized tests, inserting private management companies into district administration, and ramping up charter schools to compete with public schools.

Another news event affecting Chicago public schools that got very little national attention was the decision by the Illinois state legislature to rescind mayoral control of Chicago schools and bring back a democratically elected school board. The plan is backed by the state’s Democratic governor, J.B. Pritzker (and, predictably, opposed by Chicago mayor Lori Lightfoot). For years, prominent Democratic leaders—including New York Governor Andrew Cuomo and former Chicago mayor and previously Obama White House Chief of Staff Rahm Emanuel—touted mayoral control and a rejection of school board governance.

A third story from the Chicago education scene was that, in December, Noble Charter Network, the city’s largest charter school chain, disavowed its “no excuses” approach to educating Black and brown students because of the racist implications. Noble’s decision added to other reports of no-excuses charter chains dropping their harsh behavioral control and discipline policies during the past year.

These stories highlight the waning of three “school improvement” approaches: strict accountability with private management, mayoral control, and no-excuses charter schools. Each approach was among the pillars of “education reform” favored by previous presidential administrations and heartily endorsed by Washington, D.C., policy shops, such as the Center for American Progress.

Taken in unison, the three stories also contribute to the much larger narrative of how the once all-pervasive and generously funded policy movement known as education reform has ended—not with a bang, but a whimper.

Other policy directives of the reform movement that are also being relegated to the dustbin of history include state takeovers of low-performing schools, evaluating teachers based on student test scores, and flunking third-graders who score below a certain threshold on reading exams.

Please open the link and read on.

Greg Childress of NC Policy Watch reports that a government watchdog group has lodged a complaint against one of the state’s most powerful elected officials.

Rep. John Torbett, chair of the House K-12 Education Committee and the Education Subcommittee of the Committee on Appropriations failed to acknowledge that his wife serves on the board of a state-funded charter school.

He writes:

Rep. John Torbett, chairman of the state’s influential House Education K-12 Committee, is the target of a Legislative Ethics Committee complaint alleging the Gaston County Republican failed to disclose that his wife serves on a charter school board that receives state funding.

The complaint was filed this week by Bob Hall, the retired executive director of Democracy North Carolina, a voting rights and government watchdog group.

Viddia Torbett is also her husband’s legislative assistant.

Hall contends Torbett should have disclosed on 2020 and 2021 statements of economic interest (SEI) that his wife, Viddia Torbett, is vice-chairwoman of the board of directors of Community Public Charter School in Stanley. The school is affiliated with the Community Pentecostal Center.

“The failure of Rep. [John] Torbett to disclose his wife’s position on the School’s board of directors is all the more important because Rep. [John] Torbett is now the chair of the House Committee on K-12 Education and is chair of the Education Subcommittee of the House Appropriations Committee, i.e., two positions where he has significant influence over policy and funding of charter schools and public education,” Hall said in the complaint.

Torbett was first elected to the House in 2010. He was assigned to the Education K-12 Committee and the Appropriations on Education Committee to start the current legislative session. Torbett chairs both committees.

“You’ve got a powerful legislator with a personal bias or a personal interest in the financial solvency of a charter school, so he’s got a conflict between serving the public and serving his own personal interest,” Hall said in an interview with Policy Watch. “That ought to be disclosed if not him recusing himself from involvement in the funding of charter schools.”

Anyone subject to the State Government Ethics Act must file an SEI prior to being appointed, employed or elected, by April 15 of each year. That covers roughly 6,500 people, including appointed officials and elected members of the General Assembly…

This week’s complaint against Torbett isn’t the first Hall has filed against the lawmaker.

Last October, Hall filed a complaint alleging that Torbett and Josh Dobson, a former state representative who was elected state Commissioner of Labor last November, were inappropriately collecting thousands of dollars from the General Assembly for lodging in Raleigh even though their housing was being paid for by campaign committees.

The “double-dipping,” Hall said, was a violation of the Legislative Ethics Committee’s Guideline 11, which prohibits lawmakers from collecting per diem payments from the government for lodging expenses paid by another entity.

“However, in a bizarre turnabout after it received my complaint against Rep. Torbett and another legislator,” Hall wrote to the Legislative Ethics Committee, “the Committee met in late October 2020 and voted to rescind Guideline 11 and then dismissed my complaint.”

In 2020, there were seven complaints filed with the Legislative Ethics Committee. All seven were dismissed, according to the committee’s annual report. ..

The charter school where Torbett’s wife serves on the board has drawn national criticism because it received a $250,000 Charter School Program grant intended to help disadvantaged students.

Carol Burris, executive director for the Network for Public Education, a nonprofit advocacy group that opposes charter schools, wrote about the school and others in a Washington Post column. Burris criticized them for their lack of diversity.

“During 2019, the year in which the school was awarded its Charter School Program grant of $250,000, 95 percent of the school’s students were White, compared with its integrated public school district, Gaston, where only 53 percent of the students are White,” Burris wrote.

John Torbett is also the sponsor of House Bill 324, which would limit what students could be taught about the nation’s racial past.

Conservatives have embraced the controversial bill, arguing that it would prevent teachers from indoctrinating students with liberal ideology. Progressives oppose it, saying it’s important that children learn hard truths about systemic racism, slavery and Jim Crow laws.

The Public School Forum of NC wrote this comparison of different budget proposals for K-12 spending. What jumped out at me was the Republican proposal to grant permanent status to the state’s three virtual charter schools, despite their poor performance.

Gary Rubinstein teaches mathematics at Stuyvesant High School in New York City, one of the most rigorous schools in the nation. Admission is based on scores on one examination given on one day. The top scorers are accepted, as is the case in several other exam schools in New York City.

Gary wrote a series of posts about these schools and their admissions policies. Here is a link to all of them.

In this one, for example, Gary examines the validity of the test that is required, known by its acronym as SHSAT.

In this one, he asks whether schools like his own are “too hard,” which begins:

Of course Stuyvesant is hard. Like climbing Mount Everest is hard. Like training to be an Olympic gymnast is hard.

Back when I started there 20 years ago nobody questioned if Stuyvesant had to be this demanding. The old principal, Stanley Tietel, used to tell the incoming freshman class “Sleep, grades, and social life. You can’t have all three, you have to pick two.”

Several of them deal with the demographics of the students who are admitted. Like this one, which addresses the high proportion of Asian students in the specialized high schools.

It begins:

Are there too many Jews in Hollywood?

Are there too many transgender people in the military?

Are there too many Latino baseball players?

Are there too many Asian students at the New York City specialized high schools?

Did you answer ‘yes’ to any of the above?

Asian students make up 17% of the 8th graders in New York City. They also make up 35% of the students who take the SHSAT and get 52% of the offers to the specialized schools.

Latino and Black students combine to make up 68% of the 8th graders, 32% of the SHSAT test takers, and 10% of the offers.

Statistically speaking, an Asian student is about 16 times more likely to get an offer to a specialized high school than a Latino student or a Black student.

All of these essays are worth reading.

A coalition of organizations in St. Louis combined to promote a new vision of education. Even the superintendent of schools added his name.

But when the school board realized that the “new vision” was funded by Opportunity Trust, a pro-charter outfit, they insisted on a moratorium.

Once again, an astroturf group was planning to hasten the pace of privatization. The city currently has 18,000 students in its public schools, and 12,000 in charter schools. The charter industry is never satisfied. It always wants more.

In Texas, a federally authorized organization filed a federal lawsuit to block Governor Greg Abbott’s ban on masking mandates. Abbott has repeatedly said that the decision to wear a mask should be made by parents, not by school boards.

CONTACT:
Edie Surtees, Communications Director
esurtees@drtx.org
512-407-2739

First Federal Lawsuit Challenging Mask Mandate Ban Filed Against Texas Governor and TEA Commissioner Says It Violates ADA, Section 504

AUSTIN—Today, Disability Rights Texas, the federally mandated protection and advocacy agency for Texans with disabilities, and pro bono partners Winston & Strawn LLP filed a federal lawsuit on behalf of 14 child plaintiffs against Texas Governor Greg Abbott and Texas Education Agency Commissioner Mike Morath.

The complaint states that the Governor’s Executive Order GA-38 prohibiting school districts and charter schools from implementing mask mandates is putting students with disabilities at significant risk, is discriminatory, and violates the federal Americans with Disabilities Act and Section 504 of the federal Rehabilitation Act.

The COVID-19 pandemic has dramatically affected students with disabilities, beginning with the closure of the public school system in the spring of 2020. These students lost critical instruction and services, continuing into the 2020-21 school year. Now, the Delta variant and a surge in cases is threating this school year. Students with disabilities need in-person schooling more than other student groups, but they must be able to receive instruction and services safely. Many of these students have underlying health conditions and are at high risk for illness and even death due to COVID-19.

One of the student plaintiffs, J.R., lives in Bexar County and attends San Antonio ISD. J.R. is eight years old and lives with attention deficit hyperactivity disorder, a growth hormone deficiency, and moderate to severe asthma.  Her mother, Julia Longoria, doesn’t get much sleep right now because of the very real worry that her daughter, who needs in-person instruction to succeed in school, is at greater risk of serious illness, hospitalization and even death if she gets the virus. This is a very real possibility if schools are open at full capacity, with optional masking and the current level of community spread. “Having to make a choice between my daughter’s education or her life – what kind of choice is that?” said Ms. Longoria. “My child has the right to an education and to be safe at school. I shouldn’t have to choose.”

This is the first federal lawsuit to challenge the Governor’s Executive Order. The complaint explains how the order is a barrier to public schools for students with disabilities and that no family should be forced to choose between health and their child’s education. It also states that Texas needs to follow the recommendations of public health officials to include the mandated use of masks in areas with significant exposure.

“Under Gov. Abbott’s order, parents of these children face an untenable choice: educate their children at school and expose them to potential severe illness, long COVID, and even death or keep their children home, where they will receive a fraction of their education in one of the least integrated settings available with limited to no exposure to non-disabled peers,” said Tom Melsheimer, attorney from Winston & Strawn. “Either outcome is a violation of students’ rights under the ADA and Section 504, and both are wholly avoidable.”

The lawsuit asks for a temporary restraining order that requires Governor Abbott, TEA, and the districts named to cease violation of the Americans with Disabilities Act and Section 504 and allows local school districts and local public health authorities to require masks for its students and staff as they determine is necessary.

Read the full complaint attached below.

ADDITIONAL STATEMENT ADDED AUGUST 18, 2021:

The case filed on August 17, 2021, has been assigned to U.S. District Court Judge Lee Yeakel. Today, Plaintiffs filed a request for a temporary restraining order and preliminary injunction enjoining Defendants from prohibiting local school districts from requiring masks for their students and staff. The full motion is attached below along with the original complaint.

The filing includes sworn statements from the parents of the young plaintiffs with disabilities about their health conditions and risks. It also includes compelling declarations from two medical experts explaining the harm posed to children with serious health conditions in schools not allowed to implement mask mandates with the exploding spread of the Delta variant.

The brief explains that plaintiffs will prevail because it violates federal disability laws to exclude them from school or make them risk their lives to get an education.

Plaintiffs also argue they will succeed because the Governor’s order violates the American Rescue Plan Act of 2021, in which Texas districts received over $11 billion dollars in funding so that they can adopt plans for a safe return to in-person instruction.

“The injunction is required to protect the lives of children with disabilities and their basic right to attend school,” said Dustin Rynders, Supervising Attorney with Disability Rights Texas.

# # #

Disability Rights Texas is the federally designated legal protection and advocacy agency (P&A) for people with disabilities in Texas established in 1977. Its mission is to help people with disabilities understand and exercise their rights under the law, ensuring their full and equal participation in society. Visit www.DRTx.org for more information.

CNN reported last night that the Texas Sypreme Court denied Governor Gregg Abbott’s effort to intervene in a court case overruling his decision to block mask mandates.

The Supreme Court of Texas refused Gov. Greg Abbott’s request to intervene Thursday in the case of mask mandates established by several local jurisdictions.

As a result, the lower court ruling allowing school districts to require masks in their schools still stands.

Abbott wanted the Supreme Court to rule quickly, superseding a state court rule that says that unless there is a compelling reason to not do so, a petition for the court to order a government official to take an action must first go to the Texas Court of Appeals, which is the intermediate appellate court, before it can go to the Texas Supreme Court.

Laura H. Chapman was a devoted supporter of public education, the Network for Public Education, and this blog. I was honored to post her carefully researched and well documented comments on this blog. Although her health clearly was in decline, she faithfully attended every annual meeting of NPE.

Laura was a distinguished arts educator. Please read her obituary in The Cincinnati Enquirer. We have lost a treasured friend.

Laura shared my dislike of billionaire reformers who didn’t know much about education but imagined they could solve its problems with Big Data. She was opposed to privatization of public funds. She opposed the substitution of technology for real teachers. She was a fierce and eloquent supporter of a rounded liberal arts education. she never failed to inspire me with her wisdom.

President Biden announced that the U.S. Department of Education will take legal action against the eight states that do not permit school districts to require students and staff to wear masks. In so doing, these states put students at risk and violate their right to education.

Sheryl Gay Stolberg and Erica L. Green wrote in the New York Times:

President Biden, escalating his fight with Republican governors who are blocking local school districts from requiring masks to protect against the coronavirus, said Wednesday that his Education Department would use its broad powers — including taking possible legal action — to deter states from barring universal masking in classrooms.

Mr. Biden said he had directed Miguel Cardona, his education secretary, “to take additional steps to protect our children,” including against governors who he said are “setting a dangerous tone” in issuing executive orders banning mask mandates and threatening to penalize school officials who defy them.

“Unfortunately, as you’ve seen throughout this pandemic, some politicians are trying to turn public safety measures — that is, children wearing masks in school — into political disputes for their own political gain,” Mr. Biden said in remarks from the East Room of the White House, adding, “We are not going to sit by as governors try to block and intimidate educators protecting our children.”

Valerie Strauss wrote in the Washington Post about Biden’s announcement:

He did not name any specific governor, but Republican governors Ron DeSantis of Florida, Greg Abbott of Texas and Doug Ducey of Arizona, are among those state leaders who have threatened to withhold funding from districts or take other action against those districts that defy them. In Florida, Miami-Dade County Public Schools, the fourth largest district in the country, on Wednesday passed a universal masking mandate — with only a medical opt-out — as did Hillsborough County Public Schools.

“I’m directing the secretary of education to take additional steps to protect our children,” Biden said. “This includes using all of his oversight authorities and legal action if appropriate against governors who are trying to block and intimidate local schools officials and educators.”

The Centers for Disease Control and Prevention has said masking is one of the strongest tools that can be taken to protect the spread of the delta variant, which has caused a rise in pediatric coronavirus cases. The agency this summer, in a shift in guidance, recommended everyone over the age of 2 — even those who are vaccinated — wear masks inside school buildings.

In letters to the governors of Arizona, Florida, Iowa, Oklahoma, South Carolina, Tennessee, Texas, and Utah, Cardona said bans on school masking mandates are putting students at risk and “may infringe upon a school district’s authority to adopt policies to protect students and educators as they develop their safe return to in-person instruction plans required by federal law.”

Cardona, in a Wednesday post on the department’s Homeroom Blog, said the department can investigate any state educational agency whose policies or actions “may infringe on the rights of every student to access public education equally.”

“The department will also receive and respond as appropriate to complaints from the public, including parents, guardians, and others about students who may experience discrimination as a result of states not allowing local school districts to reduce virus transmission risk through masking requirements and other mitigation measures,” he wrote. “As always, the Department’s Office for Civil Rights evaluates allegations of discrimination on a case-by-case basis, looking at the specific facts of each case.