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Jamelle Bouie: The Attacks on Transgender People Are Undemocratic

By dianeravitch
February 16, 2023 //
5

Jamelle Bouie is an opinion writer for the New York Times. He is brilliant. He writes essays about politics, philosophy, and culture. I subscribe to his opinion feed, where he writes about which books he is reading and what he’s cooking. I have never met him but I love him.

He published his thoughts about why transgender people deserve the same rights, respect, and dignity as others.

Over the past year, we have seen a sweeping and ferocious attack on the rights and dignity of transgender people across the country.

In states led by Republicans, conservative lawmakers have introduced or passed dozens of laws that would give religious exemptions for discrimination against transgender people, prohibit the use of bathrooms consistent with their gender identity and limit access to gender-affirming care.

In lashing out against L.G.B.T.Q. people, lawmakers in at least eight states have even gone as far as to introduce bans on “drag” performance that are so broad as to threaten the ability of gender-nonconforming people simply to exist in public.

Some of the most powerful Republicans in the country want to go even further. Donald Trump has promised to radically limit transgender rights if he is returned to the White House in 2024. In a video address to supporters, he said he would push Congress to pass a national ban on gender-affirming care for transgender youth and restrict Medicare and Medicaid funding for hospitals and medical professionals providing that care.

He wants to target transgender adults as well. “I will sign a new executive order instructing every federal agency to cease all programs that promote the concept of sex and gender transition at any age,” Trump said. “I will ask Congress to pass a bill establishing that the only genders recognized by the United States government are male and female, and they are assigned at birth.”

There is plenty to say about the reasoning and motivation for this attack — whether it comes from Trump, Gov. Ron DeSantis in Florida or Gov. Greg Abbott in Texas — but the important thing to note, for now, is that it is a direct threat to the lives and livelihoods of transgender people. It’s the same for other L.G.B.T.Q. Americans, who once again find themselves in the cross-hairs of an aggressive movement of social conservatives who have become all the more emboldened in the aftermath of the Supreme Court’s decision to overturn Roe v. Wade last year.

This is no accident. The attacks on transgender people and L.G.B.T.Q. rights are of a piece with the attack on abortion and reproductive rights. It is a singular assault on the bodily autonomy of all Americans, meant to uphold and reinforce traditional hierarchies of sex and gender.

Politicians and those of us in the media tend to frame these conflicts as part of a “culture war,” which downplays their significance to our lives — not just as people living in the world, but as presumably equal citizens in a democracy.

Democracy, remember, is not just a set of rules and institutions, but a way of life. In the democratic ideal, we meet one another in the public sphere as political and social equals, imbued with dignity and entitled to the same rights and privileges.

I have referred to dignity twice now. That is intentional. Outside of certain select phrases (“the dignity of labor”), we don’t talk much about dignity in American politics, despite the fact that the demands of many groups for dignity and respect in public life have been a driving force in American history since the beginning. To that point, one of the great theorists of dignity and democracy in the United States was none other than Frederick Douglass, whose experience in bondage gave him a lifelong preoccupation with the ways that dignity is either cultivated or denied.

Douglass observed “that although dignity seems to be woven into human nature, it is also something one possesses to the degree that one is conscious of having it,” the historian Nicholas Knowles Bromell writes in “The Powers of Dignity: The Black Political Philosophy of Frederick Douglass,” “and one’s own consciousness of having it depends in part on making others conscious of it. Others’ recognition of it then flows back and confirms one’s belief in having it, but conversely their refusal to recognize it has the opposite effect of weakening one’s confidence in one’s own dignity.”

Nicole Walker, a writer and editor, in “My Abortion at 11 Wasn’t a Choice. It Was My Life.”Read the guest essay.

“It’s important that the government is in sync with the public opinion, but I don’t think they are.”

Dwyarrn, one of the participants in an Opinion focus group with 12 pro-life voters.Read the focus group’s discussion.

“Sometime soon, I am going to meet a patient who has no ability to leave the state, and I am going to have to tell her that her baby has a lethal condition, and she is going to have to carry a pregnancy to term against her will.”

David N. Hackney, a maternal-fetal medicine specialist, in “I’m a High-Risk Obstetrician, and I’m Terrified for My Patients.”Read the guest essay.

“There are more of us than there are of them. That’s especially true if American men recognize that their way of life is also under attack. Men also have sex for pleasure. This is not just a women’s issue.”

“My fellow pro-lifers and I will also need to make the case to expectant mothers, and fathers too, that their unborn children are, like the rest of us, dependent and needy persons.”

Erika Bachiochi, a conservative legal scholar, in “What Makes a Fetus a Person?”Read the guest essay.

“The overturning of Roe v. Wade reveals the Supreme Court’s neglectful reading of the amendments that abolished slavery and guaranteed all people equal protection under the law. It means the erasure of Black women from the Constitution.”

It is easy to see how this relates to chattel slavery, a totalizing system in which enslaved Black Americans struggled to assert their dignity and self-respect in the face of a political, social and economic order that sought to rob them of both. But Douglass explored this idea in other contexts as well.

Michele Goodwin, a professor of law at the University of California, in “No, Justice Alito, Reproductive Justice Is in the Constitution.”Read the guest essay.

Writing after the Civil War on women’s suffrage, Douglass asked his readers to see the “plain” fact that “women themselves are divested of a large measure of their natural dignity by their exclusion from and participation in Government.” To “deny woman her vote,” Douglass continued, “is to abridge her natural and social power, and to deprive her of a certain measure of respect.” A woman, he concluded, “loses in her own estimation by her enforced exclusion from the elective franchise just as slaves doubted their own fitness for freedom, from the fact of being looked down upon as fit only for slaves.”

Similarly, in her analysis of Douglass’s political thought — published in the volume “African-American Political Thought: A Collected History” — the political theorist Sharon R. Krause shows how Douglass “clearly believed that slavery and prejudice can degrade an individual against his will” and generate, in his words, “poverty, ignorance and degradation.”

Although Douglass never wrote a systematic account of his vision of democracy, Bromell contends that we can extrapolate such an account from the totality of his writing and activism. “A democracy,” Douglass’s work suggests, “is a polity that prizes human dignity,” Bromell writes. “It comes into existence when a group of persons agrees to acknowledge each other’s dignity, both informally, through mutually respectful comportment, and formally, through the establishment of political rights.” All of our freedoms, in Bromell’s account of Douglass, “are meanstoward the end of maintaining a political community in which all persons collaboratively produce their dignity.”

The denial of dignity to one segment of the political community, then, threatens the dignity of all. This was true for Douglass and his time — it inspired his support for women’s suffrage and his opposition to the Chinese Exclusion Act — and it is true for us and ours as well. To deny equal respect and dignity to any part of the citizenry is to place the entire country on the road to tiered citizenship and limited rights, to liberty for some and hierarchy for the rest.

Put plainly, the attack on the dignity of transgender Americans is an attack on the dignity of all Americans. And like the battles for abortion rights and bodily autonomy, the stakes of the fight for the rights and dignity of transgender people are high for all of us. There is no world in which their freedom is suppressed and yours is sustained.

Categories Bigotry, Cruelty, Democracy, DeSantis, Extremism, Freedom, Gender, Inequality, Injustice, Racism, Trump

Florida: Will DeSantis Be Able to Hide the History of Atrocities Against Black People in His State?

By dianeravitch
February 16, 2023 //
17

As Governor Ron DeSantis stirs up passions over hot-button issues and declares his state the place “where WOKE goes to die,” African Americans in his state are determined not to let him bury their history.

Why is he so eager to suppress the teaching of Black history? His campaign against “woke” and against “diversity, equity, and inclusion” is not a thinly veiled attempt to hide the past. It is an egregious and blatant attempt to hide the past.

Unfortunately, his efforts to crush efforts to eliminate racism have been copied across the nation by other red states, which have passed laws banning the teaching of critical race theory, The 1619 Project, “divisive concepts,” and anything that would make some students feel “uncomfortable.” The language of the last phrase implies that teaching about atrocities by whites against blacks might make white students feel “uncomfortable,” so skip those events. Ignore them. Don’t teach them. Bury the past.

Dr. Marvin Dunn is the leading scholar of Black history in Florida. He is an emeritus professor at Florida International University. I just read his book A History of Florida Through Black Eyes, and I urge you to do the same.

For starters, I learned that the first Black people to arrive in what was later the continental United States arrived with Spanish explorer Ponce deLeon in 1513–not in Virginia as slaves in 1619. Every subsequent Spanish explorer brought Black men with them, sometimes as slaves, sometimes as free men with needed skills. Because Florida was controlled by Spain until 1821, it became a haven for escaped slaves from other states. White troops frequently came into Florida in search of the escapees. Free blacks joined with the Seminoles to resist the invaders. When the Seminoles were deported west, some of their Black allies left with them.

Florida did not acquire statehood until 1845.

Black people in Florida, whose population was about the same as whites after Florida became a state, were subject to harsh discrimination as in other southern states. They were treated as chattel and “owned in the same manner as one owned horses or cows.” Manumission was expensive and rare.

During the Civil War, large numbers of Blacks, slave and free, joined the Union Army and fought for their freedom. After the War, Black men entered political life, but their success outraged whites, who murdered Blacks and engaged in violence to prevent Blacks from voting and assuming full citizenship. Voting was dangerous for Blacks. After Reconstruction, whites regained political power and re-established their dominance over Blacks. Northern whites ignored the betrayal of Blacks across the South, who returned to a state of subservience barely different from slavery.

The southern press, Dunn writes, regularly wrote of Blacks as “lusting beasts” who were a threat to the social order, “particularly to the safety of white women.” Many of the most notorious lynchings (which whites called “a necktie party”) were instigated by a claim or rumor that a Black man had raped or violated a white woman by a remark, a letter, or any sort of familiarity.

The history of lynching casts a dark shadow over the state’s history, and it is so brutal, so vile, so shameful that white state officials never wanted it to be told in school textbooks.

An underlying, persistent theme in lynchings of Blacks was sexual. Whites not only murdered Black men, they mutilated their penises and other parts of their bodies. On the occasions when mobs lynched whites for murder or rape or cattle rustling, they were not sexually mutilated.

The most celebrated atrocity in Florida occurred in a small black community named Rosewood. A white woman alleged that she had been assaulted and robbed by a black man. Word spread fast, and a mob of white men began scouring Rosewood for the alleged assailant. A black woman who worked for the white “victim” said that she had gotten into a fight with her white lover while her husband was at work at the lumber mill, but only other Blacks believed her.

The mob was intent on finding a Black man and punish him. As suspicion went from one Black man to another, the mob besieged the home of a Black family, and shots were exchanged. Both Blacks and whites were killed. The mob responded by burning every home in Rosewood to the ground, extinguishing the community.

Some survivors escaped by fleeing through the swamp. In the 1990s, the few remaining survivors sued the state for failing to protect their homes and won reparations. Dr. Dunn bought five acres in what was once Rosewood; he unearths and preserves relics of what was once a thriving community.

Dunn describes many lynchings, each horrible, but the one that stands out is the lynching of Claude Neal in 1934 in Marianna, Florida.

The story begins when the body of a young white woman was discovered under a log. She had been raped and beaten to death with a hammer. A young farmhand, Claude Neal, was accused and signed a confession; Dunn thinks he may have been coerced. Without a trial, there’s no way of knowing. The police took him into custody and moved him from jail to jail to keep him away from the mob.

Neal ended up in a jail in Brewton, Alabama, 130 miles from the scene of the crime. But a mob found him and brought him back to Jackson County, Florida.

The mob was led by a “Committee of Six” that announced its intention to lynch Neal. An AP reporter was on hand, and the news of the lynching was broadcast through radio and newspapers.

Given the advance notice, some groups issued appeals to Governor David Scholtz and federal agencies to step in and stop the lynching. The governor couldn’t be reached, and the federal agencies denied they had jurisdiction even though he had been kidnapped and taken across state lines.

When the time came for the well-advertised lynching, some 4,000 whites had gathered for the spectacle.

The leaders of the mob were concerned by the large, unruly crowd, so they postponed the lynching. Instead, they took Neal to the Chipola River to kill him. Before he was killed, they cut off his penis and made him eat it. Then they cut off his testicles, made him eat them and say that he liked doing so. Then they tortured him with knives, slicing his stomach and arms, cutting off fingers, then applying red hot irons to burn him. As the torture proceeded, they strung him up, then let him down, and continued the torture.

After he was dead, the whites tied his mangled body to the front bumper of a car, as a deer would be tied, and brought it to the scene of the crime. They dumped his body on the ground, and women and children savaged it some more with sharpened sticks.

Eventually the mangled body was strung up on a tree in front of the Jackson County Courthouse. Pictures were taken of it, made into postcards, and sold as souvenirs. Bystanders continued to mutilate the corpse. The sheriff cut it down the next day. That made the mob angry, and the governor sent in the National Guard to restore order.

As Dunn notes in various places in the book, on the occasions when whites were arrested and tried for crimes against blacks, the charges were always dismissed by an all-white jury. Little wonder that mobs could commit vicious crimes without fear of prosecution.

Dunn points out that he usually found evidence of whites who opposed the mob violence, sometimes at risk to themselves. During the Rosewood frenzy, the white owner of the general store told his white clerk to hide the ammunition and tell anyone who asked that they were sold out.

This brutality is hard to read. It is hard to comprehend. It is obscene. Would it make students uncomfortable? Yes, it would and it should.

DeSantis doesn’t want this history to be taught because he doesn’t want to upset students. But it is factual history. Should it be suppressed? It’s not appropriate to expose very young children to these historical events. They might have nightmares. But high school students should learn this history because they are mature enough to think about it and consider its root cause: racism.

Is it “woke” to learn the truth? I don’t think so.

The only people who would react to this history with a sense of guilt and shame are those who identify with the oppressors.

Most people, I think, would identify with those who were brutalized, commiserating with them as fellow human beings subjected to inhumane treatment.

The whites who want to hide, purge, and suppress this history identify with the oppressors.

What do you think?

Categories Education Reform

Stephen Owens: The Public School Is the Best Choice for a Just Society

By dianeravitch
February 15, 2023 //
161

Stephen Owens is an evangelical Christian who has thought deeply about the importance of public schools in our society. He has a Ph.D. In education policy from the University of Georgia and is Director of Education at the Georgia Budget and Policy Institute. His blog is called “Common Grace, Common Schools.”

Let’s begin my argument for public schooling by making the familiar strange. There are aspects of public schooling that you do not see in any other facet of American life that need to be evaluated to better understand the institution’s value. Our familiarity with them takes away their novelty, but they are unique nonetheless. I think of us like a child who has Kelly Clarkson as an aunt. Just because she thinks of the singer as “Aunt Kelly” doesn’t mean we all have aunts who can sing like an angel.

Not only are parts of American public schooling unique, but reflect central tenets of the Christian faith. I want to explore three of them in the next few posts: inclusion, equity and accountability.

To put it concisely: I believe in the American cultural and political environment the public school is best situated to offer the highest quality service for all and, most specifically, the poor. I believe this is known, in my faith tradition, as common grace.

Now when I say the “poor” I’m not just talking about those who have more needs than resources, but a more generalized group of people that, for one reason or another, have structural obstacles to academic success. Students with disabilities and children who speak a language other than English at home are two perfect examples. Further, I don’t mean to imply that the state of a family’s bank account should be conflated with a child’s worth. Being “poor” in this sense cannot mean a person has less intrinsic value. The poor in this blog instead denotes a looser title for those children for which a neutral bystander might say, “good for them!” if the child were to perform a task common to the ruling class such as graduating from college.

I believe public schools are most valuable as a tool to lessen human suffering on the poor–one of the primary, and possibly only, ends of good governance—but that is not to say that its benefits end with this group. In fact, with few exceptions, I’m convinced that public schools are a service that have shown to support allpeople groups in our country. Foundational to this belief is the fact that public schools are required to provide services to every single child that arrives.

Inclusion. Public schools (in their current state) are for everyone. The road to the schools I attended in the 90s is paved with hard-fought legal protections for children that the majority culture would rather not teach. Throughout American history school leaders had to be forced to educate women, immigrants, Black people, students with disabilities and undocumented students via government compulsion. Each of these groups had to wait for laws to be changed to gain the advantages that white, rich, Protestant males shared since before our country was founded. This is not ancient history. My mom was a junior in high school when disabled kids got the right to a public education (1975). Undocumented children were guaranteed the same right two years before I was born (1982).

Inclusion, at least by this definition, has required blood, sweat and tears. It would be foolish to assume that inclusion is natural. In fact, inclusion is so unnatural to the way we consider schooling that its inverse remains a feature of excellence in the public mind. Consider elite schools’ relationship to exclusion: the ability to reject applicants based on test scores or income signals quality in a way that other schools could never replicate with performance alone. Post-secondary education is our best example here. Rejection rates for the Ivy Leagues not only “prove” their superiority but create it. For how could Harvard do poorly as a school if they’re allowed to choose to only educate the top seven percent of all those that apply?

It is only the common, or public, school which is left to teach all who enter her doors and, once inside, compelled to provide basic opportunities to each by threat of legal action. Inclusion, since it has been won, can be demanded.

Here I need to be explicit: inclusion is a good thing. Too often advocates for public schools treat inclusion as a burden to bear—“we can’t turn away students like private schools…”—instead of their greatest strength. Inclusion at some level acknowledges dignity in every person; Christians ought to be familiar with the concept via imago dei (the image of God). Early in Genesis the reader learns that God created humans in His image, bearing His likeness. Theologians have explained this concept differentiates humans from any other created thing by our spiritual/moral/missional similarity to the Creator. There is nothing that can remove this distinction, so every person you and I have ever met “looks” like God in some form. I’m convinced that this concept should be celebrated as the starting place for who is allowed where.

Now consider: where else is this the case? Think about your daily life, what physical spaces are compelled to not only accept everyone, but to give them foundational services? The other day a family came into a coffee shop where I was working and just sat. I will admit to being surprised. They didn’t buy anything, just sat on a couch near me while the kids looked at their iPads. I’m so used to private spaces that I did not think those people belonged until they bought something. This belief did not come out of thin air, many of the places that we imagine as public are only available if we have money, genius, status or some other item to trade. Outside of government programs (public parks, public transit, etc.) it’s hard to imagine a comparable institution to public schools besides hospitals. While I believe there are several similarities between schools and hospitals (nurses and teachers have long seen commonalities between how they are treated, for example), two major differences are apparent: 1) hospitals don’t exist in many rural communities and 2) no one has gone into debt because of the services provided by public schools.

I am, as I hope I’ve made clear up to this point, big on inclusion. But what are the public schools forced to include all children to? What occurs in the inner circle that has for generations been open only to the few? The generally-accepted answer to this question, and more broadly the question of “what is the purpose of education” usually falls into two categories–socialization and skill acquisition. When I describe the need for public schools to include all people it is with the latter purpose in mind. Poor children have been historically kept from learning the skills that are needed to earn living wages. A strong school system can help ensure higher wages, better health outcomes and decreased likelihood of entering the criminal justice system. On the path to living wages (and therefore less human suffering) there are few hurdles higher than failing to graduate high school and college.

The need for public education, and the majority-culture’s attempt to restrict it to the few, has a long history in our country. Tunis Campbell, the father of public education in Georgia, recognized a strong education as necessary to support formerly-enslaved people in post-Civil War Georgia. Without the ability to read, Campbell knew that freed men would continue to be subject to, among other racist practices, predatory labor contracts. Rev. Campbell spent the years following Sherman’s march setting up schools for freed people and is as responsible as any person for the state constitution’s inclusion of a right to public education for all children. He believed education sat alongside land ownership, a just court system and community service as necessary keys to a good life for Black Georgians.

Bringing it back to the present, I will put socialization to the side for now and will describe how the very nature of common schools supports poor families more than their richer neighbors. There are many facets of public schooling which we take for granted but that are frankly unbelievable. Every morning a transit system crawls cities, towns and rural counties to pick up any child that arrives to the stop on time and take them to their school. This service is provided at no additional cost to the child’s family whether they live one mile from the building or 30. In a country that tends to require the ownership and maintenance of a personal-transport vessel as the price for admission to society, the school bus itself is a marvel. It’s far from the only one. Health care, multiple meals and career guidance are all things that richer families can pay for but are often out of reach for the poor. In the public school each (via school health clinics, free food and school counseling) are provided part and parcel to poor public school children. If any one of these services were not already a part of schooling in America, it is impossible to imagine them being created and, more importantly, paid for with public funds. It is services like these that do not neatly fit into a definition of schooling but have become a pivotal safety net for struggling families in our nation. To ignore the role of public schools as welfare is convenient but unhelpful.

To ignore the role of public schools as welfare is convenient but unhelpful.

I’d go as far as to say that the true measure of a school is their support for the poor. The brutal truth of schooling in the U.S. is that parental income is strongly predictive of educational outcomes. While we like to imagine a true meritocracy, the real difference is whether your parents have enough money to provide 1) security (food and housing), 2) accountability, 3) targeted support and 4) social capital. So, any time I come across the “conventional wisdom” of the superiority of private schools it sounds like someone bragging that Georgia beat Vanderbilt in football. Duh: Kirby and…whomever is coaching Vandy… are dealing with two qualitatively different pools of players. If we’re really going to provide the measure of a school, look to the services provided to those that the Bible refers to as “the least of these.”

When you compare the test performance of wealthy Americans to other nations it’s clear we are on par with, or outperforming, every other country in the world. What makes our system “mediocre” is our treatment of poor children. Generations of white supremacist policies have ensured that wealth is concentrated in white families. So, the limitations of our public school system cannot be separated from our nation’s original sin. The good news is that income does not have to equal destiny. Research has shown that investment in public schools can and does level the playing field, but the investments have to go to the schools and/or children that need them the most. Another word for this is equity. I will write about equity in the next post.

–Stephen

Categories Civil Rights, Democracy, Ethics, Goodness, Supporting public schools

Indiana: GOP Legislator Has Misgivings About Vouchers After Abrasive Meetings

By dianeravitch
February 15, 2023 //
2

State Senator Ryan Mishler is having serious misgivings about Indiana’s voucher program after trying to resolve parents’ complaints about bullying. He met with the school leadership and found them to be unresponsive to his concerns and indifferent to the parents. He had met previously with many public school leaders and had found them to be respectful and responsive. He was shaken, and he published this statement:

He began:

An Open Letter to District 9 on Voucher SchoolsI feel obligated to share my experience with a voucher school so parents are aware of the weight that has been on the families in a particular community. This buyer’s remorse is the consequence of repeated deficiencies and the effects that they are having on some of the school’s students and families. I hope that families heed my candor, but if nothing else, let this serve as a transparent record of my time with the school.

My first encounter was when the school reached out to me, wanting to “tweak” the current voucher program, which I did. Soon after, a parent contacted me stating their child had been suspended for five athletic games for consensually kissing a girl in school. At the parent’s request, I followed up about the reprimand with the principal, and voiced my opinion that the penalty did not fit the crime, and there seemed to be little due process for the student. I asked how they would have treated him if the student didn’t play a sport and was told that the school had been waiting on a response from the girl’s mother before deciding on any punishment. However, the principal made it clear that the student was held to a higher standard than his peers because he was an athlete. The suspension ended after two and a half games. When the single, minority mother and her child went in front of the school’s “disciplinary” board, they were told that he had not suffered enough.

About a year later, I ran into a parent who expressed their worry about how a student was being treated by a staff member. Over several months, many more contacted me with the same concern, regarding the same staff member and student. I discovered the staff member was previously fired for similar behavior at a public school. I felt I could go directly to this staff member in question to resolve the issue. During this meeting, I shared the information the parents brought to me, and the first comment made was, “I don’t care what parents think,” a worrisome start to the conversation. I mentioned we all make mistakes, but we need to learn from them, and correct our behavior. I was basically given the “there is nothing you can do about it” attitude.

After the unproductive confrontation, I looked to the parents who came to me to see how they wanted to proceed. Their suggestion was that I reach out to the superintendent. I made the call, and his advice was that I speak to the staff member and principal directly, which I had already done to no avail. The superintendent said in a phone conversation that he would be happy to meet with the concerned families. In a later email, he stated full confidence in the leadership at the school. They would investigate fully, give me a copy of the bullying policy, and he will be praying for me. The parents had put me in touch with a family who had previously gone to the administration for the same situation with the same staff member. Their story was that of neglect and humiliation. At that point, the Superintendent lost all credibility.

As a last resort, the parents agreed to a meeting with the principal, so I went ahead and scheduled. When we arrived, the principal met us at the door, but told us that he would not meet with us as a group, only one at a time. Each parent had to schedule their own meeting, and since I had scheduled the present one, he met with me. The others were asked to leave. I requested they stay to talk to me afterward, and the principal said they could, so long as they waited outside of the building. I petitioned for the parents, stating that they pay tuition so there was no way they were going to wait outside. After which, they were permitted to stand in the hall.

The meeting consisted of myself, the principal, and one other administrator. There, I shared the parent’s concerns again, as I had voiced them previously to the principal over the phone. They claimed it was the first they had heard of anything and that they didn’t understand why no one had come forward. When I mentioned the family that had brought forward the concerns, they admitted to meeting with them, and had some less-than-kind words to say about the family. I guess they didn’t count. I asked if they knew about the incident with the staff member in question at the previous school. The answer was yes.

I asked what procedures they had put in place so that the previous incident might not happen again. Their answer was they didn’t have to because it was public knowledge. At this point in the conversation, the other administrator in the room unloaded. I haven’t been spoken to like that in my twenty years of representing my community. Now, I did throw a few choice words back. The overall attitude seemed to be, who are you to interfere with our business. I must admit that I was very disturbed! I can see why the parents were so uncomfortable to come forward and speak with administration. This school received $2.87 million dollars in state tuition subsidy last year. That alone gave me every right to ask the questions. Plus, I had an obligation to those families I represent who turned to me when their children were being bullied and mistreated.

The parents scheduled their respective meetings, where they were told that the administration would look into the matter and meet with the students and other staff members. Several weeks passed and not a single student had a meeting. When asked why, the principal replied that they did not have the time. It was mentioned that if no action is taken, these parents will lose any trust they may have had in the school, and the response from the principal was that the school would have to take that chance. Many more weeks passed without any conversations held, which left the parents with no real answers to this urgent concern. I did receive a copy of an email sent from the principal to a parent acknowledging that the student did have an unfavorable experience at the school. During this silence, some parents reached out the Department of Education, only to be told the state agency had limited authority over voucher schools.

As this was going on, there was an altercation between another student and the staff member in question, resulting in the student leaving the school and even the student’s home. The only reason the family knew of the incident was because another staff member was so appalled, he personally reached out to the family and informed them what had taken place. Fortunately, an intervention brought the student home and back to school after a few weeks. No one from the school even bothered to reach out. Yet another minority family disregarded!


During this time frame, allegations of similar behavior emerged regarding yet another staff member. The parents discovered this employee also had a recent DUI. The school’s response for the DUI was that it occurred outside of work “on their own time.” Apparently, higher standards only applied to student athletes and not staff members. Eventually, this individual cut ties with the school, a decision that had been long overdue.

What really surprised me most is that it had been made public that some of these organizations had been abusing kids for over 50 years. One would think this kind of history would lead to these allegations being taken seriously and followed up on, but no such reform occurred. Now, I understand how they got away with that kind of behavior for so many years! Upon discovering there is no accountability for these schools, I began working with the chairman of the Senate Education Committee to help me put some procedures in place. I made a pledge to those parents that I would not support one additional dollar spent on the voucher program until there are policies put in place that protect these kids from abusive behavior and mistreatment. This is the most disgusting situation I have encountered in my 20 years in the Senate. I am appalled that this behavior continues to happen repeatedly.

I have worked with public schools from all over the state. When issues have come up, the administrators have always been proactive, looking into the matters brought into question, and responding promptly. That is the leadership that I am accustomed to and expect to see in the institutions responsible for instructing our children. When I see such blatant avoidance, I cannot help but believe that these administrators are knowingly hiding something more. I would not call that leadership!

Since this all unfolded, several of the families relocated so they could send their children to the public school of choice. I would advise families looking at voucher schools to be aware that they are on their own at this point and time. They should strongly consider an alternative to the blemished and blatantly flawed procedures of accountability when choosing a school for their child. We need to hold the schools to the same high level of accountability they expect from the students and their parents.

Categories Discipline, Indiana, Vouchers

Texas: How Charter Leaders Profit by Buying Property, Paying Rent to Themselves

By dianeravitch
February 15, 2023 //
3

The Houston Chronicle is shining a bright light on some of the shadiest real estate deals that enrich charter school operators. What could be better than to get a charter, buy property, rent it to the charter at rates of their choosing, get the property made tax-exempt, and make a bundle using taxpayer dollars? In some charter schools, the superintendent owns the properties and pays himself rent.

Just over two years ago, Universal Academy, a Texas charter school with two campuses in the Dallas area, made a surprising move.

In November 2020, a nonprofit foundation formed to support the school bought a luxury horse ranch and equestrian center from former ExxonMobil Chairman Rex Tillerson. The 12-building complex features a show barn “designed with Normandy-style cathedral ceilings,” a 120,000 square foot climate-controlled riding arena and a viewing pavilion with kitchen and bathrooms.

The Cosmopolitan condominium building at 1600 Post Oak Blvd where Accelerated Learning Academy purchased a 1,119-square-foot condo unit, claiming they needed the space for storage, photographed Thursday, Jan. 19, 2023, in Houston.
The Cosmopolitan condominium building at 1600 Post Oak Blvd where Accelerated Learning Academy purchased a 1,119-square-foot condo unit, claiming they needed the space for storage, photographed Thursday, Jan. 19, 2023, in Houston.Jon Shapley/Staff photographer

Just over two years ago, Universal Academy, a Texas charter school with two campuses in the Dallas area, made a surprising move.

In November 2020, a nonprofit foundation formed to support the school bought a luxury horse ranch and equestrian center from former ExxonMobil Chairman Rex Tillerson. The 12-building complex features a show barn “designed with Normandy-style cathedral ceilings,” a 120,000 square foot climate-controlled riding arena and a viewing pavilion with kitchen and bathrooms.

RELATED: IDEA Public Schools signed $15M lease for luxury jet despite being under state investigation

Last summer the Texas Education Agency granted Universal Academy permission to create a new elementary campus on the horse property’s manicured grounds. It will offer students riding lessons, according to a brochure, for $9,500.

Sales prices aren’t public in Texas, but the 100-acre property had been listed for $12 million when Tillerson, who also served as secretary of state under former President Donald Trump, bought it in 2009. Because of the foundation’s nonprofit status and its plans to offer equine therapy, the parcel has been removed from the tax rolls.

School board President Janice Blackmon said Universal hopes to use the facility to start a 4H chapter and Western-style horsemanship training, among other programs that take advantage of its rural location. “We’re trying to broaden the students and connect them to their Texas roots,” she said.

Splashy purchases like the horse arena are receiving increasing public scrutiny as charter schools continue to expand aggressively across Texas. Under state law, charter schools are public schools — just owned and managed privately, unlike traditional school districts.

An analysis by Hearst Newspapers found cases in which charter schools collected valuable real estate at great cost to taxpayers but with a tenuous connection to student learning. In others, administrators own the school facilities and have collected millions from charging rent to the same schools they run.

In Houston, the superintendent and founder of Diversity, Roots and Wings Academy, or DRAW, owns or controls four facilities used by the school, allowing him to bill millions to schools he oversees. DRAW’s most recent financial report shows signed lease agreements to pay Fernando Donatti, the superintendent, and his companies more than $6.5 million through 2031.

In an email, superintendent Donetti at DRAW said the property transactions were ethical, in the best interest of DRAW’s students and properly reported to state regulators. He said his school was “lucky” he was able to purchase the property because of challenges charters can face finding proper facilities.

Also in the Houston area, at ComQuest Academy Charter High School, the superintendent and her husband also own the company to which the school pays rent.

And Accelerated Learning Academy, a charter school based in Houston, is still trying to get a tax exemption on one of the two condominiums it bought just over a decade ago in upscale neighborhoods in Houston and Dallas. The school claims it has used the condos for storage, despite a nearby 9,600 square foot facility.

The battles between school districts and charter networks have become increasingly pitched, as they are locked in a zero-sum battle for public dollars.

Last year in Houston, about 45,000 students transferred from the ISD to charter schools, resulting in a loss to the district of a minimum of $276 million. That figure includes only the basic allotment received by the districts, excluding special education funding or other allotments.

In San Antonio, the two largest school districts are Northside ISD and North East ISD. More than 12,000 Northside students transferred to charter schools in the 2021-2022 school year, as did just under 8,000 from North East ISD. That means Northside lost at least $75 million, while North East lost $50 million, using the same basic allotment figures.

Each side cries foul about the other’s perceived advantages: charters are able to operate with less government and public scrutiny, while school districts benefit from zoning boards and can lean on a local tax base for financing.

Georgina Perez, who served on the State Board of Education from 2017 until this year, noted arrangements such as these would never be permitted at traditional school districts.

“If it can’t be done in (school districts), they probably had a good reason to disallow it,” she said. “So why can it be done with privately managed charter franchises?”

Lawmaker: ‘Sunshine’ is best cure

The largest charter network in Texas was a catalyst for the increased public scrutiny of charter school spending.

IDEA Public Schools faces state investigation for its spending habits, including purchases of luxury boxes at San Antonio Spurs games, lavish travel expenditures for executives, the acquisition of a boutique hotel in Cameron County for more than $1 million, plans to buy a $15 million private jet and other allegations of irresponsible or improper use of funds. The allegations date back to 2015 and led to the departure of top executives — including CEO and founder Tom Torkelson, who received a $900,000 severance payment.

Over the years lawmakers have steadily tightened rules for charter governance. A 2013 bill included provisions to strengthen nepotism rules; a 2021 law outlawed large severance payments. That bill was sponsored by Rep. Terry Canales, a South Texas Democrat whose district has some of the highest rates of charter school enrollment in the state.

“There’s a lot of work to be done for the people of Texas when it comes to charter schools,” Canales said. “Sunshine is the best cure for corruption. And the reality is it seems to be sanctioned corruption in charter schools.”

Considering the increased scrutiny, “It’s a myth that charter schools today are unregulated,” said Joe Hoffer, a San Antonio attorney who works on behalf of many charter schools. “Every session, more and more laws get passed.” If anything, he said, charter schools often have to jump through more regulatory hoops than local schools.

Yet acquiring property remains a gray area.

Charter schools that can’t purchase their own property typically must lease it and pay taxes. A 2021 state law authored by Rep. Barbara Gervin-Hawkins, a San Antonio Democrat who operates a charter, made such arrangements tax-free. But the Texas Supreme Court later blocked parts of the law, and it has been applied differently by counties across the state.

It’s unusual for school districts to lease their facilities; typically they are publicly owned or constructed. Local school districts are governed by nonpartisan elected boards, and when the board decides to purchase real estate, it must notify the public of the contract and voters can petition the district to block it. If a project requires bonding or new taxes, it must be put on the ballot.

At charters, by comparison, the governing board is appointed, not elected, so it does not answer to local voters. The main public scrutiny comes later, when the information about the sale must be disclosed in annual required filings with the Texas Education Agency.

The state education agency has the authority to review charter real estate transactions and sometimes does. In Dallas, Golden Rule Charter School is under state investigation for a real estate deal and possible nepotism. The school declined to release details because the investigation is pending.

But such reviews are often cursory, if they happen at all.

When charters report a real estate transaction to the education agency, Hoffer said, they typically just receive a letter back saying it has been recorded, with a clause reminding the schools that state regulators have the authority to return for an audit or demand the deal be re-done.

Critics say it isn’t enough. “The problem that a lot of us have had with charters is that they are considered public schools and they are taxpayer-funded, but they don’t have taxpayer scrutiny,” said state Rep. Donna Howard, an Austin Democrat and former trustee at Eanes ISD. “It’s a real lack of accountability.”

Some deals benefit administrators

According to its website, Horizon Montessori Public School operates four campuses in the Rio Grande Valley, one on Sugar Cane Drive in Weslaco. Until recently, records show, the property and its two commercial buildings were owned by Superintendent Alim Ansari.

Hidalgo County appraisal records showAnsari also apparently lived in a 4,800-square-foot home at the back of the 2.85-acre parcel, a portion of which was granted a homestead limitation on its taxes.

In addition to serving as Ansari’s home, records from the Texas Education Agency show that between 2015 and 2020, the superintendent leased his Weslaco property to Horizon for classroom and office space, collecting $118,000 a year in rent during the period. In 2020, Ansari-the-landlord signed a new five-year contract with his school for the property, for $168,000 annually, according to education agency records.

A home can be seen on the same piece of property as the Horizon Montessori Public School on Sugarcane Drive in Weslaco on Thursday, Jan. 19, 2023. The home belonged to the superintendent of the public charter school who leased his Weslaco property to Horizon for classroom and office space, collecting $118,000 a year in rent from 2015-2020. State and local records show Ansari sold the campus and residence last June. The buyer was a nonprofit organization called South Texas Educational Technologies, which according to its tax records conducts business as Horizon Montessori. Ansari is its chairman. State and local records show the foundation purchased the property from Ansari for $1.9 million, or more than twice the $840,000 at which Hidalgo County appraised it. Records show the foundation used a private appraiser to value the parcel.
A home can be seen on the same piece of property as the Horizon Montessori Public School on Sugarcane Drive in Weslaco on Thursday, Jan. 19, 2023. The home belonged to the superintendent of the public charter school who leased his Weslaco property to Horizon for classroom and office space, collecting $118,000 a year in rent from 2015-2020. State and local records show Ansari sold the campus and residence last June. The buyer was a nonprofit organization called South Texas Educational Technologies, which according to its tax records conducts business as Horizon Montessori. Ansari is its chairman. State and local records show the foundation purchased the property from Ansari for $1.9 million, or more than twice the $840,000 at which Hidalgo County appraised it. Records show the foundation used a private appraiser to value the parcel.James Hord/Contributor

State and local records show Ansari sold the campus and residence last June. The buyer was a nonprofit organization called South Texas Educational Technologies, which conducts business as Horizon Montessori, according to its tax records. Ansari is its chairman. 

State and local records show Ansari’s foundation purchased the property from Ansari for $1.9 million — or more than twice the $840,000 at which Hidalgo County appraised it. The foundation used a private appraiser to value the parcel. 

Ansari did not respond to multiple phone and email messages. James Hayes, a CPA who sits on Horizon’s board and who also is paid $48,000 a year by the charter for accounting services, declined to comment.

Related-party arrangements are rare among modern charters, said Hoffer, the attorney who represents some of them. In some cases, he said, new schools might be forced to make such deals temporarily because they did not have the creditworthiness to borrow money to purchase facilities.

Pioneer Technology and Arts Academy, which has several campuses in the Dallas area, paid about $5 million in rent in the 2021 fiscal year to two companies, one a nonprofit and one a for-profit. Records show Superintendent Shubham Pandey has stakes in both.

Just under $3.5 million went to the nonprofit controlled by two board members of Pioneer, including Pandey. Another $1,296,418 went to Pandey’s for-profit business, PNC Partners, with more than $3 million total reported in the previous three years.

In an email, Pandey said that Pioneer’s goal all along was to transfer the school buildings from his for-profit ownership to a nonprofit. Three campuses were taken over by the nonprofit in 2019, while three others were transferred last year. Future campuses will be owned by the nonprofit, he said, and he no longer collects rent checks from the school.

But the nonprofit  did not exist when Pioneer was given its charter, and its initial application did not mention future plans to transfer assets to a nonprofit.

At ComQuest Academy Charter High School, the Houston-area charter, Superintendent Tanis Stanfield and her husband, Glenn, said they don’t earn a profit from the rent it pays their company, Peachwood Station LLC

Peachwood collected $91,000 in rent in 2021. Documents also say the company provided an additional $117,000-worth of rent for free. 

Tanis Stanfield said the couple followed the law and provided the needed space at a steep discount to the school she ran. “State charter funding for facilities was not available for the campus acquisition,” the superintendent wrote in an email.

School-owned condos?

In 2017, the Chronicle reported on Accelerated Learning Academy’s purchase of a 1,119-square-foot condo unit in the 22-story Cosmopolitan, a glassy high rise near Memorial Park, for $427,000. The school then bought a 1,340-square-foot condo in downtown Dallas’s Metropolitan Club the same year, appraisal records show. 

The school claimed both of the residential units were needed for storage space. The Dallas Appraisal District accepted that explanation, though the school already had a 9,600-square-foot, nearly empty campus in nearby Lancaster, and granted the condo a full property tax exemption. Records show Accelerated sold the condo in 2021.

The Cosmopolitan condominium building at 1600 Post Oak Blvd where Accelerated Learning Academy purchased a 1,119-square-foot condo unit, claiming they needed the space for storage, photographed Thursday, Jan. 19, 2023, in Houston.
The Cosmopolitan condominium building at 1600 Post Oak Blvd where Accelerated Learning Academy purchased a 1,119-square-foot condo unit, claiming they needed the space for storage, photographed Thursday, Jan. 19, 2023, in Houston.Jon Shapley/Staff photographer

Harris County appraisal officials have been more skeptical about the school’s use of the unit for educational purposes: “Personally, I cannot imagine that the state of Texas would allow the use of state funds to purchase this property,” the agency’s exemptions coordinator wrote in 2013, noting the Cosmopolitan’s deed restrictions prohibited condos from being used for businesses.

Accelerated has continued to seek a tax exemption. The appraisal district’s 2018 field inspection showed some plastic totes scattered throughout the unit.

“Very nice condo with granite and hardwoods,” the inspector noted. The exemption was again denied because the property did “not meet the tests prescribed by the tax code.” Records show Accelerated paid about $9,000 in property taxes on the unit last year.

Another example is the A.W. Brown Leadership Academy, which has two campuses in the Dallas area that serve about 1,000 students. Property records show it owns eight properties, several worth millions that have sat unused — even as taxpayer money has gone to repay the loans used to buy them.

Records show A.W. Brown’s real estate holdings include nearly 50,000 of commercial office space purchased with bonds in 2017. Appraised at more than $4 million, the property has been tax-free since 2018 and is vacant. Taxpayers pay for the bonds. A.W. Brown spokesman Charles Roberts said the school is still deciding how to use it.

The charter also owns a 3,400-square-foot house with an in-ground pool on 6 acres in Duncanville, identified as an office and valued at $630,000, plus 99 acres next to it, valued at more than $4 million by the appraisal district. Those were purchased more than a decade ago from professional basketball player Larry Demetric Johnson, records show.

The school has paid no taxes on either since 2014, according to appraisal records. In the fall of 2022, the school announced its plan to turn the more-than 100 acres of land into a community garden and farm for students “to learn more about agriculture and entrepreneurship,” said Roberts, the school spokesman. 

In response to questions from Hearst, Roberts said the charter would be starting “an internal audit of facility purchases.” He declined to comment further.

edward.mckinley@chron.com

eric.dexheimer@chron.com

Categories Corruption, Education Reform

Heather Cox Richardson: The Tragedies That Made Theodore Roosevelt

By dianeravitch
February 14, 2023 //
10

Heather Cox Richardson wrote a wonderful post about Theodore Roosevelt and the tragedies that changed his life.

On Valentine’s Day in 1884, Theodore Roosevelt lost both his wife and his mother.

Four years before, Roosevelt could not have imagined the tragedy that would stun him in 1884. February 14, 1880, marked one of the happiest days of his life. He and the woman he had courted for more than a year, Alice Hathaway Lee, had just announced their engagement. Roosevelt was over the moon: “I can scarcely realize that I can hold her in my arms and kiss her and caress her and love her as much as I choose,” he recorded in his diary. What followed were, according to Roosevelt, “three years of happiness greater and more unalloyed than I have ever known fall to the lot of others.”

After they married in fall 1880, the Roosevelts moved into the home of Theodore’s mother, Martha Bulloch Roosevelt, in New York City. There they lived the life of wealthy young socialites, going to fancy parties and the opera and traveling to Europe. When Roosevelt was elected to the New York State Assembly in 1881, they moved to the bustling town of Albany, where the state’s political wire-pullers worked their magic. Roosevelt’s machine politician colleagues derided the rich, Harvard-educated young man as a “dude,” and they tried to ignore his irritating interest in reforming society.

In the summer of 1883, Alice discovered that she was pregnant, and that fall she moved back to New York City to live with her mother-in-law. There she awaited the birth of the child who Theodore was certain would arrive on February 14.

As headstrong as her father, Roosevelt’s daughter beat her father’s prediction by two days. On February 12, Alice gave birth to the couple’s first child, who would be named after her. Roosevelt was at work in Albany and learned the happy news by telegram. But Alice was only “fairly well,” Roosevelt noted. She soon began sliding downhill. She did not recover from the birth; she was suffering from something at the time called “Bright’s Disease,” an unspecified kidney illness.

Roosevelt rushed back to New York City, but by the time he got there at midnight on February 13, Alice was slipping into a coma. Distraught, he held her until he received word that his mother was dangerously ill downstairs. For more than a week, “Mittie” Roosevelt had been sick with typhoid. Roosevelt ran down to her room, where she died shortly after her son got to her bedside. With his mother gone, Roosevelt hurried back to Alice. Only hours later she, too, died.

On February 14, 1884, Roosevelt slashed a heavy black X in his diary and wrote “The light has gone out of my life.” He refused ever to mention Alice again.

Roosevelt’s profound personal tragedy turned out to have national significance. The diseases that killed his wife and mother were diseases of filth and crowding—the hallmarks of the growing Gilded Age American cities. Mittie contracted typhoid from either food or water that had been contaminated by sewage, since New York City did not yet treat or manage either sewage or drinking water. Alice’s disease was probably caused by a strep infection, which incubated in the teeming city’s tenements, where immigrants, whose wages barely kept food on the table, crowded together.

Roosevelt had been interested in urban reform because he worried that incessant work and unhealthy living conditions threatened the ability of young workers to become good citizens. Now, though, it was clear that he, and other rich New Yorkers, had a personal stake in cleaning up the cities and making sure employers paid workers a living wage.

The tragedy gave him a new political identity that enabled him to do just that. Ridiculed as a “dude” in his early career, Roosevelt changed his image in the wake of the events of February 1884. Desperate to bury his feelings for Alice along with her, Roosevelt left his baby daughter with his sister and escaped to Dakota Territory, to a ranch in which he had invested the previous year. There he rode horses, roped cattle, and toyed with the idea of spending the rest of his life as a western rancher. The brutal winter of 1886–1887 changed his mind. Months of blizzards and temperatures as low as –41 degrees killed off 80% of the Dakota cattle herds. More than half of Roosevelt’s cattle died.

Roosevelt decided to go back to eastern politics, but this time, no one would be able to make fun of him as a “dude.” In an era when the independent American cowboy dominated the popular imagination, Roosevelt now had credentials as a westerner. He ran for political office as a western cowboy taking on corruption in the East. And, with that cowboy image, he overtook his eastern rivals.

Eventually, Roosevelt’s successes made establishment politicians so nervous they tried to bury him in what was then seen as the graveyard of the vice presidency. Then, in 1901, an unemployed steelworker assassinated President William McKinley and put Roosevelt—“that damned cowboy,” as one of McKinley’s advisers called him—into the White House.

Once there, he worked to clean up the cities and stop the exploitation of workers, backing the urban reforms that were the hallmark of the Progressive Era.

[Photo of Theodore Roosevelt’s diary, Library of Congress.]

Categories History

Michael Podhorzer: The Supreme Court Wants to Roll Back the Past Century

By dianeravitch
February 14, 2023 //
76

Michael Podhorzer is a keen political analyst who the assistant to the president for strategic research for the AFL-CIO, a federation of 55 labor unions representing 12.5 million members. His observations in this post are well worth reading.

His insightful article begins:

When, in the Dobbs decision, Samuel Alito declared that Roe v. Wade had been “wrongly decided,” he succinctly stated the credo of a resurgent revanchist coalition that believes the Twentieth Century was wrongly decided. Over the last two decades, the Supreme Court has been instrumental in advancing this coalition’s agenda, which is to dismantle the New Deal order and reverse the civil and social rights gains made since the postwar period.

The execution of this agenda has been nothing short of a slow-motion coup against our freedoms. The Supreme Court has not only transformed itself into a democratically unaccountable lawmaking body; it has used this illegitimate power to create a one-way ratchet that makes the rest of our system less democratically accountable. Yet no matter how many times the Court tightens this ratchet, our political and opinion leaders keep asking whether the Court risks losing its legitimacy if it keeps this up – not what we should do now that legitimacy is a distant memory at best.

We hear of “conservative” judges, yet not one of the six Republican-appointed justices demonstrate fealty to any consistent set of principles beyond giving more power to the gatekeepers who put them on the Court. Instead, we must call them the Federalist Society justices. All six are current or former members of the Federalist Society, an enterprise sponsored by right wing billionaires and corporations whose intention was capture of the legal system – and capture it they did. They knew this capture would be necessary in order to implement their agenda, since they couldn’t count on the majority of Americans to vote against their own rights and freedoms.

The campaign to repeal and replace the 20th century is an extremely well-funded enterprise, organized by people who have never made any secret of their plans. None of this is happening by accident.

Yet for the most part, media coverage of SCOTUS continues to focus on the details of the individual cases on the docket: the arguments each side is putting forth, the likelihood that certain justices will find those arguments persuasive, and what a “win” for either side could look like. In the context of our current crisis, however, doing this is like narrating each segment of a bullet’s trajectory without naming the assassin or his target.

In this post, we’ll take a few steps back from that “what did the bullet do today” perspective.

  1. The Coalition Against the Twentieth Century – This section identifies the antagonists, outlines how they came together through the Southern Strategy, and shows how two historical accidents – the 2000 presidential elections and the 2010 midterms – enabled the massive power grabs that have brought us to our current crisis.
  2. The Originalist Con – This section reveals just how blatant and unprincipled the Federalist Society Majority has been in its execution of the coalition’s agenda.
  3. The Federalist Society Majority Juggernaut – This section lays out the enormous progress the Federalist Society Majority has already made to overturn the “wrongly decided” 20th century. This has included giving MAGA state legislatures new license to curtail voting rights and gerrymander themselves impregnable majorities that closely resemble the region’s one-party authoritarian rule during the Jim Crow era.
  4. No Longer Legitimate? We conclude with a look at how the Court’s “crisis of legitimacy” is actually a crisis for American democracy as a whole.

The Coalition Against the Twentieth Century

This revanchist coalition has two factions, which have come together through the Federalist Society to capture the nation’s legal system. One faction, which I call the MAGA industrial complex, is a symbiotic combination of white grievance media (e.g. Fox, Breitbart), white Evangelical churches and their political expressions dedicated to white Christian nationalism, as well as supremacist militias and the NRA.

When most of us hear “Make America Great Again,” we think of voters in their MAGA caps being stoked on by white grievance entrepreneurs like Trump and Tucker Carlson. We should instead be thinking of the elites and institutions that helped make MAGA one of America’s most successful political movementsto date. We know, for instance, that the white Christian nationalist movement was built not around a moral concern for fetal life, but around panic over the court-ordered revocation of tax-exempt status for religious schools—particularly Bob Jones University, as well as the private religious “segregation academies” that were founded in response to Brown v. Board of Education.¹

The other faction in the coalition against the 20th century consists of the plutocrats and rapacious capitalists whose efforts long predate Trump and MAGA. Their efforts were largely unsuccessful until the 1960’s. Until then, the Republican Party, which was the party of business, nonetheless acquiesced to the New Deal order. This sentiment was famously expressed by President Eisenhower:

Should any political party attempt to abolish social security, unemployment insurance, and eliminate labor laws and farm programs, you would not hear of that party again in our political history. There is a tiny splinter group, of course, that believes you can do these things. Among them are H. L. Hunt (you possibly know his background), a few other Texas oil millionaires, and an occasional politician or businessman from other areas. Their number is negligible and they are stupid.

The Southern Strategy

And then … in 1964 that “splinter” of “Texas oil millionaires” and “conservative” activists wrested the Republican presidential nomination for Barry Goldwater. Goldwater was trounced by 23 points. But rather than dispatching the Goldwater forces to the dustbin of history, this defeat simply convinced many that they would have to give ground on their ambition of electing anyone as “pure” as Goldwater. They were ready when, in 1968, Nixon reversed his position on civil rights, becoming the candidate that fused segregationists’ racist agenda with the traditional Republican business agenda. Nixon’s narrow victory in 1968 was deceptive. George Wallace siphoned off 14 percent of the most extremist voters, and combining Wallace’s and Nixon’s vote share reveals that there was a substantial majority consisting of Democrats (the backlash to the Civil and Voting Rights Acts) and traditional Republican voters. Kevin Phillips best laid out this blueprint in his book The Emerging Republican Majority.

We generally think of the success of the Southern Strategy depending on the direct appeals of national Republicans to southern segregationist Democrats, with those voters changing their party affiliation without changing any of their values. The following map makes vivid something that has gone remarkably unnoticed. As Robert Jones and others have documented, from even before the Civil War, Christian churches played a critical role providing the “moral” basis for white supremacy. In this period, southern Evangelical and Fundamentalist churches continued to provide essential organizational scaffolding for preserving those attitudes and the salience of “social” issues in the region.

Map of U.S. showing regions shaded by religious denomination

Source: American Theocracy, Kevin Phillips

The Tea Party & the Takeover of the Republican Party

Until the election of Barack Obama, Republican presidential candidates and congressional leaders placated the reactionary, nativist, white Christian faction of the party by nominating right-wing judges and embracing the dog whistles and symbolism of white Christian identity, while making little or no progress reversing the civil rights gains of the 1960’s. Indeed, as late as 2006, the Voting Rights Act was reauthorized with nearly unanimous congressional support, with Bush claiming credit. This White House press releaseannouncing Bush’s signing would be unimaginable coming from any MAGA Republican now.

We very much remember the 2000 election for its razor thin margin and the Supreme Court brazenly intervening to stop the count and select Bush. But we have all but forgotten that the reason the race was as close as it was can be attributed to Bush’s consolidation of the white Evangelical establishment, and with it, Bible Belt voters that made the race that close in the first place.² While Clinton won the Bible Belt by a hair in 1996, Gore lost it by 12 points – and more consequentially, he lost the electoral votes in 7 Bible Belt states Clinton had won.³ And Kerry would lose the region by an even larger margin, 16 points. Bush stressed his own born again experience and did much for the white Christian establishment, including his “faith based” initiatives.

In response to Obama’s victory – and McCain and the Republican establishment’s immediate acceptance of his legitimacy – the nativist faction formed the Tea Party and focused on developing a political strategy to purge the Republican Party of “RINOs.” The last straw for this faction was Romney’s nomination and defeat. They revolted against the business wing’s “Autopsy” report, which in 2013 urged the GOP to moderate on immigration policies and dampen its racial rhetoric to stay competitive in an increasingly diverse electorate. Trump rushed into that political vacuum, smearing Mexicans as rapists and drug dealers. Crucially, unlike Goldwater, who faced a uniformly hostile and demeaning national media, Trump now had the advantage of the extensive right-wing media system that had since been established, which proved essential to his nomination and victory.

Please continue reading this deeply informed post about the underlying trends that have shaped the present moment in American politics.

Categories Democracy, Disruption, Elections, Politics

Texas: Unmasking The Campaign to Privatize Public Schools

By dianeravitch
February 14, 2023 //
8

Mimi Swartz, a writer for the Texas Monthly, explored the background, the funders, and the consequences of the well-coordinated campaign to privatize public schools—by defaming them and discrediting those who run for local school board seats. She focuses on the travails of one dedicated school board member, Joanna Day in Dripping Springs, Texas, who contended with insults and threats in her life.

The following is a small part of a long article, which I encourage you to read in full:

The motivations for these attacks are myriad and sometimes opaque, but many opponents of public education share a common goal: privatizing public schools, in the same way activists have pushed, with varying results, for privatization of public utilities and the prison system. Proponents of school privatization now speak of public schools as “dropout factories” and insist that “school choice” should be available to all. They profess a deep faith in vouchers, which would allow parents to send their children not just to the public schools of their choice but to religious and other private schools, at taxpayers’ expense.

But if privatizing public education is today cloaked in talk of expanded liberty, entrepreneurial competition, and improved schools for those who need them most, its history tells a different story. In 1956, two years after the U.S. Supreme Court handed down its landmark Brown v. Board of Education decision, a group of segregationist legislators in Texas, with support from retiring governor Allan Shivers, began concocting work-arounds for parents appalled by the prospect of racial integration of public schools. One idea: state-subsidized tuition at private schools. That never came to pass, but it was Texas’s first flirtation with vouchers.

Privatization proponents have since switched up their rhetoric, pitching vouchers as an opportunity for poor urban families to save their children from underperforming neighborhood schools. That hasn’t worked out either. In various experiments across the nation, funding for vouchers hasn’t come close to covering tuition costs at high-quality private schools, and many kids, deprived of the most basic tools, haven’t been able to meet the standards for admission.

School funding in Texas is based largely on attendance—as the saying goes, the money follows the child. Considerable evidence suggests that vouchers would siphon money from underfunded public schools and subsidize well-to-do parents who can already afford private tuition. Critics frequently cite a program in Milwaukee, where four out of ten private schools created for voucher students from 1991 to 2015 failed.

“I don’t think that vouchers serve any useful purpose at all,” said Scott McClelland, a retired president of H-E-B who now chairs Good Reason Houston, an education nonprofit. Ninety-one percent of Texas students attend public schools. “There isn’t enough capacity in the private school network to make a meaningful difference in their ability to serve economically disadvantaged students in any meaningful numbers, and it will divert funding away from public schools.”

In Texas, an unusual alliance of Democratic and rural Republican leaders has for decades held firm against voucher campaigns. The latter, of course, are all too aware that private schools aren’t available for most in their communities and that public schools employ many of their constituents. But the spread of far-right politics and the disruption of public schools during the pandemic created an opening for activists to sow discontent and, worse, chaos. “If they can make the public afraid of their public school, they will be more likely to support privatizing initiatives. Then that puts us back to where we used to be with segregation of public schools,” says former Granbury school board member Chris Tackett, who, with his wife Mendi, has become an outspoken advocate for public education and a relentless investigator of the attempts to undermine it.

They have their work cut out for them. In the past, just a few right-wing legislators pushed for privatization and were routinely ignored. After all, the state constitution spelled out “the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.” But as times have changed, so has the interpretation of that guarantee.

Betsy DeVos, President Donald Trump’s former Education Secretary, set up shop in Dallas with her American Federation for Children to push against “government schools” in favor of “school choice.” Political PACs such as Patriot Mobile Action, an arm of a Christian wireless provider in North Texas, continue pouring millions into school board races and book bans to promote more religious education. Patriot has joined other recently formed PACs with inspirational names such as Defend Texas Liberty and Texans for Excellent Education, all of which supposedly support better public schools but are actually part of the privatization push. But by far the most powerful opponents of public schools in the state are West Texas oil billionaires Tim Dunn and the brothers Farris and Dan Wilks. Their vast political donations have made them the de facto owners of many Republican members of the Texas Legislature through organizations such as the now dissolved Empower Texans and the more recent Defend Texas Liberty, which the trio uses to promote restrictions on reproductive rights, voter access, and same-sex marriage. Almost as influential is the Texas Public Policy Foundation, where Dunn is vice board chair.

A November 2021 TPPF fund-raising letter, sent to supporters in advance of the Eighty-eighth Legislature convening, argued that “public education is GROUND ZERO” in the fight for freedom. “The policy team and board of the Texas Public Policy Foundation (TPPF) believe it is now or never,” it read, signaling that the long-standing and robust alliance against vouchers was unusually vulnerable. “The time is ripe to set Texas children free from enforced indoctrination and Big Government cronyism in our public schools.” The letter went on to herald a $1.2 million “Set the Captives Free” campaign to lobby legislators to save Texas schoolchildren from “Marxist and sexual indoctrination” funded by “far-Left elites for decades.”

Lieutenant Governor Dan Patrick, generously backed by Dunn, the Wilks brothers, and their organizations, has long been a proponent of privatizing public education (and of starving it through reductions in property taxes). He has made vouchers a primary legislative goal of the current session. Mayes Middleton, of Wallisville, a Republican state senator and former chair of the TPPF-aligned Texas House Freedom Caucus, filed a bill to create the “Texas Parental Empowerment Program,” proposing education savings accounts that are essentially a form of vouchers. Representative Matt Shaheen, of Plano, who is a member of the Texas Freedom Caucus, has introduced a measure that would guarantee state tax credits for those who donate to school-assistance programs—such as scholarships for kids wishing to go to private schools.

Governor Greg Abbott, knowing all too well the political headwinds that vouchers have faced, has long been wary of publicly supporting them, so he has undermined public schools in other ways. While campaigning early last year, he promised to amend the Texas constitution with a “parental bill of rights,” even though most, if not all, of those rights already existed. By then, “parental rights” had become a dog whistle to animate opponents of public education. (As the Texas Tribune put it: “Gov. Greg Abbott taps into parent anger to fuel reelection campaign.”)

During the recent intensifying crisis on the border, Abbott publicly floated a challenge to the state’s constitutional obligation to give all Texas children, including undocumented ones, a publicly funded education—a step his Republican predecessor, Rick Perry, had denounced years earlier as heartless. Then last spring, Abbott made headlines with his first full-throated public endorsement of a voucher program.

So here we are, with distrust in public schools advancing as fast as the latest COVID-19 variant. The forces behind the spread of this vitriol are no mystery. Those who would destroy public schools have learned to apply three simple stratagems: destabilize, divide, and, if that doesn’t work, open the floodgates of fear

Categories Accountability, ALEC, Billionaires, Charter Schools, Corporate Reform, Corruption, Disruption, Education Industry, Extremism, Hoax, Lies, Parent Groups, Privatization, Propaganda, Republicans, School Choice, Texas, Vouchers

The Atlanta Cheating Scandal Is Not Over

By dianeravitch
February 14, 2023 //
24

In 2009, the Atlanta Journal-Constitution scrutinized test score gains in the city’s public schools and discovered a number of schools where the gains seemed improbable. The story triggered intense scrutiny by the Georgia Bureau of Investigation. Eventually nearly three dozed educators were charged with changing answers on the standardized tests from wrong to right in hopes of winning a bonus and pleasing their superintendent Dr. Beverly Hall, who put pressure on all teachers to raise scores or be humiliated.

During Beverly Hall’s tenure, the Atlanta district was celebrated for its miraculous test score gains, and she won recognition as Superintendent of the Year. She was the poster educator supposedly proving the “success” of No Child Left Behind. What she actually proved was that NCLB created perverse incentives and ruined education.

The facade of success came tumbling down with the cheating scandal.

After the investigation, Beverly Hall was indicted, along with 34 teachers, principals, and others. All but one of those charged is black. Many pleaded guilty. Ultimately, 12 went to trial. One was declared innocent, and the other 11 were convicted of racketeering and other charges. Beverly Hall died before her case went to trial.

The case was promoted by then-Governor Sonny Perdue. Ironically, the rise in Atlanta’s test scores was used by the state of Georgia to win a $400 million Race to the Top award.

One of those who was punished for maintaining her innocence was Shani Robinson, who was a first-grade teacher. She is the co-author with journalist Anna Simonton of None of The Above: The Untold Story of the Atlanta Public Schools Cheating Scandal, Corporate Greed, and the Criminalization of Educators.

I reviewed their book on the blog. While reading her book, I became convinced that Shani was innocent. As a first-grade teacher, she was not eligible for a bonus. Her students took practice tests, and their scores did not affect the school’s rating. Yet she was convicted under the federal racketeering statute for corrupt activities intended to produce financial gain. The Racketeer Influenced and Corrupt Organizations Act (RICO), was written to prosecute gangsters, not school teachers. Her conviction was a travesty.

Investigators offered Shani and other educators a deal: Plead guilty and you can go free. Or, accuse another teacher and you can go free. She refused to do either. She maintained that she was innocent and refused to accuse anyone else. Shani was accused by a teacher who won immunity. Despite the lack of any evidence that she changed scores, she was convicted.

Two Atlanta lawyers wrote a blog post in 2020 describing the Atlanta cheating trial as a legal outage:

The Atlanta Public Schools (APS) “cheating” scandal is a textbook example of overcriminalization and prosecutorial discretion gone amok, compounded by an unjust sentence of first-time offenders to serve years in prison. It is a glaring illustration of a scorched-earth prosecutorial mindset that has sparked a movement of reform-minded prosecutors nationwide — one which has yet to be embraced in Atlanta.

Just this past week, the six remaining educators who have insisted on their innocence went before the same judge who found them guilty. Their public defender asked to be excused from the case because he thought it was a conflict of interest to represent all six defendants. The original prosecutor, Fani Willis, continues to believe the six educators should be imprisoned. Willis is now prosecuting the case of whether former President Trump interfered in Georgia’s election in 2020.

The six educators who insist they are innocent have lived in a state of suspended animation for more than a decade. They have not gone to prison, yet. They have lost their reputations, their jobs, their teaching licenses.

They hoped that Judge Baxter might use the hearing to dismiss their case. Shani asked me to write a letter supporting her. I did.

It didn’t matter. Judge Baxter decided that the defendants should get a new public defender and return for another hearing. The case has already cost millions of dollars and is the longest-running trial in the history of the state.

The judge ordered them to return to court with their new lawyers or public defenders on March 16. At that time, the entire appeals process might start again and take years to conclude.

I contacted my friend Edward Johnson in Atlanta to ask him what he thought. Ed is a systems thinker and a sharp critic of the Atlanta Public Schools‘ leadership, which is controlled by corporate reformers who make the same mistakes again and again instead of learning from them.

Ed wrote me:

Prosecuting teachers and administers was morally wrong to begin with. Continuing to prosecute any of them is doubly morally wrong. Teachers and administers were the real victims of Beverly Hall. So prosecuting them means being willfully blind to ever wanting to learn truths about anything that would help Atlanta avoid doing a Beverly Hall all over again.

I agree.

Categories Accountability, Atlanta, Cheating, Competition, Corruption, Cruelty, Education Industry, Equity, Fraud, Georgia, History, Injustice, Justice, Lies, NCLB (No Child Left Behind), Standardized Testing

DeSantis: Maybe Florida Should Abandon AP, SAT, and Other College Board Products

By dianeravitch
February 13, 2023 //
68

Ron DeSantis didn’t like the College Board claiming that Florida was putting political pressure on the testing company to revise the AP African American Course. He didn’t like their lame attempt to stand up to his bullying. So he let it be known in public that Florida was thinking of replacing the College Board with other vendors.

Normally, the anti-testing organizations would have cheered his stance against the tests. But he made clear that he was looking for other tests.

Tens of thousands of Florida high school students take Advanced Placement courses every year to have a competitive edge heading into college.

Now, Gov. Ron DeSantis says he wants to reevaluate the state’s relationship with the private company that administers those courses and the SAT exam.

The move comes after the College Board accused DeSantis’ administration of playing politics when it rejected an Advanced Placement African American Studies course.

“This College Board, like, nobody elected them to anything,” DeSantis said at a news conference Monday in Naples. “They are just kind of there, and they provide a service and so you can either utilize those services or not.”

While DeSantis acknowledged the College Board has long had a relationship with the state, he said “there are probably other vendors who may be able to do that job as good or maybe even a lot better.”

Florida has long had a strong connection with the College Board. The state pays for students to take Advanced Placement exams, and provides bonuses to teachers whose students perform well.

In 2021, nearly 200,000 Florida teens sat for more than 366,000 tests, for which they can earn college credit. It had the fifth-highest rate of tests taken per 1,000 students in the nation.

The College Board also administers the SAT exam, which students may use to help them complete graduation testing requirements, earn entry into universities and become eligible for Bright Futures scholarships.

If the state were to move away from the College Board, other options exist. Students seeking advanced courses leading to college credits have International Baccalaureate, Cambridge Programme and dual enrollment classes available.

They also can take the ACT exam instead of the SAT.

DeSantis has not provided details as to exactly how the College Board’s relationship with the state could be impacted but said he has started talking to House Speaker Paul Renner about the matter. “I’ve already talked to Paul, and I think the Legislature is going to look to evaluate how Florida is doing that,” DeSantis said.

“Of course, our universities can or can’t accept College Board courses for credit, maybe they’ll do others. And then also just whether our universities do the SAT versus the ACT. I think they do both but we are going to evaluate how the process goes.”

No one from the College Board was immediately available for comment.

What tests do students take if they are not Christian?

Read more at: https://www.miamiherald.com/news/local/education/article272474953.html#storylink=cpy

Categories Academic Freedom, Accountability, Curriculum, DeSantis, Education Industry, Florida, Standardized Testing
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