Archives for category: Accountability

Scott Maxwell is an excellent columnist for The Orlando Sentinel. He brings us up to date on Florida’s efforts to promote the bright side of slavery.

He writes:

Every week lately, Florida seems to make more headlines for trying to turn public schools into a political war zone. The two latest examples:

The Sentinel revealed the Florida Department of Education has hired a new political operative who’s working with the book-censoring Moms for Liberty — and won’t say how many of your tax dollars the state is paying him or even why.

Also, the state has approved new classroom videos made by a guy who admits his goal is “indoctrination.”

One video features a cartoon version of Christopher Columbus telling kids that, while slavery might not be great, “being taken as a slave is better than being killed.” Another tells students that one of the most important things kids “need to know” about slavery is that “White men led the world in putting an end to the abhorrent practice.”

White men as saviors is quite the top-line takeaway on slavery.

The Orlando Sentinel first broke the news about the new hire, revealing that the state had hired Terry Stoops, a guy who pushed GOP education policies in North Carolina, to lead its newly created Office of Academically Successful and Resilient Districts.

The office title sounds like gobbledygook. But what are Stoops’ job responsibilities? And how much are you, as a taxpayer, paying him? Well, the state wouldn’t answer either question.

Even Florida’s online employee-salary database somehow omitted Stoops.

But emails obtained by the Florida Freedom to Read Project — which is leading the fight against classroom book-banning and censorship — showed that Stoops seemed to be working as a state liaison to right-wing crusaders.

In one email, Stoops wrote a Volusia County school board member to say: “We would be happy to meet with the Conservative Coalition of School Board Members as a group to explore ways that our efforts may align.”

In another, he told Orange County school board member Alicia Farrant, a Moms for Liberty member leading Central Florida’s in-school book-banning crusade: “I just wanted to pass along a note to thank you for serving on the board and standing up for families.”

Just for argument’s sake, let’s say you think it’s a swell idea for government to use tax dollars to push a political agenda. What excuse could you possibly have for hiding from taxpayers how many of those dollars you’re using and for what allegedly public purpose?

In normal times, that secrecy would be big news. But that revelation was eclipsed by the even more disturbing news that Gov. Ron DeSantis’ education department had also decided to welcome videos into classrooms from a guy who admits his goal is indoctrination.

As the Miami Herald reported, the Department of Education said it had concluded that the controversial PragerU program “aligns to Florida’s revised civics and government standards” and “can be used as supplemental materials in Florida schools at district discretion.”

If you’re not familiar with Prager, you should first know that PragerU is an actual university in the same way Dr. Dre is an actual doctor. It’s not. Instead, it’s the creation of conservative radio show host Dennis Prager who freely admits his goal is to indoctrinate kids.

Just last month, at a Moms for Liberty event, Prager said that when critics say to him “you indoctrinate kids,” he responds that is true. “That’s a very fair statement,” he said. “But what is the bad about our indoctrination?”

In Florida, where DeSantis often decries the evils of indoctrination, we’re again reminded that every accusation is often a confession.

I encourage you to watch some of the PragerU videos for yourself.

In one video, a cartoon version of Columbus tells kids who ask about his support of slavery: “Being taken as a slave is better than being killed, no?”

That’s quite a bar you’ve set for yourself, cartoon Chris. And for the kids.

Another video — “A Short History of Slavery,” narrated by conservative pundit Candace Owens — tells kids: “Here’s the first thing you need to know: Slavery was not ‘invented’ by White people.”

Yes, that’s actually “the first thing” PragerU thinks kids need to know about human captivity. Not how slavery destroyed generations of lives to help slavemasters enrich themselves. Or that, heaven forbid, that was wrong. But that White folks didn’t pioneer the system.

So were the harsh realities of human captivity at least the “second thing” kids need to know about slavery? Nope. According to PragerU and Owens, who is Black, the second-most important thing kids should know is that “White people were the first to put an end to slavery.”

So one of PragerU’s top two lessons on slavery is basically: Yay, White people!

Bizarre? Yes. Yet it seems to work well with the new Florida curriculum standards you read about last week — the ones that tell teachers to stress the “personal benefit” some slaves received in terms of learning job skills. And also with the laws GOP legislators passed that instruct educators to censor discussion about “systemic racism” and to sanitize history lessons that might upset some children’s parents.

The Freedom to Read organization is suggesting Florida families use the state’s new “parental rights” law to opt-out of PragerU’s indoctrination.

But it seems like it might be simpler to, oh, I dunno, maybe just not indoctrinate?

Maybe just teach history like it really happened, warts and all.

And maybe be fully transparent with taxpayer money and public positions.

Unfortunately, that all seems like too much to ask.

smaxwell@orlandosentinel.com

The Network for Public Education sent out the following notice to its 350,000 members. Join NPE so you can be on our mailing list (no cost to join). The charter lobby wants your public school.

Dear Diane,In a rare moment of candor, Nina Rees, the President and CEO of the National Alliance for Public Charter Schools, said that her organization’s “personal goal” is to make all public schools “like charter schools” that would be “schools of choice.”

If Ms. Rees and her charter trade organization have their way:

  • Children would enter a lottery to attend their neighborhood school.
  • There would be an appointed private board, not an elected school board.
  • Teacher tenure and bargaining rights in most states would disappear.
  • The school could shut down based on test scores, enrollment, or even the private board’s whim. 25% of all charters shut down in their first 5 years
  • In most states, the school could be managed by a for-profit corporation.

All of the above are the characteristics of charter schools. Every district in the nation would be a New Orleans–where schools open and close, and citizens have no voice in school governance.

That is why NPE fights so hard each year to ensure that the National Alliance does not get the funding increases it lobbies for from the federal Charter School Programs (CSP). We are so pleased to share the good news below.

The Orlando Sentinel published a series of investigative reports about a shocking scandal: for years the ground water in Seminole County was poisoned by toxic chemicals, and the public did not know. The Sentinel published a four-part series, which I highly recommend. It’s a shocking story of political neglect.

Toxic Secret: Our series about 1,4-dioxane in Seminole water

Here is the series:

This is an excerpt from part four.

The Fulmer family dogs died two by two.

Tasha slipped away in 2004 and Rocky passed with cancer three years after. They were Rhodesian ridgebacks. Alan and Patricia Fulmer and their children took in another pair as puppies, Zipporah and Ariel. They would succumb to cancer.

In 2018, the city of Sanford tested their well water and soon came back with results.

“They said don’t drink it, don’t cook with it, don’t brush your teeth with it, don’t bathe in it, don’t touch it,” Patricia Fulmer said, recalling that moment. “It was really scary.”

The Fulmers were blindsided repeatedly.

First, when they learned a chemical called 1,4-dioxane, deemed likely to cause cancer, was in their drinking water coming from their private, household well at a high concentration.

Then they found out officials had known for years that the chemical, linked to hazardous pollution at a former Siemens factory in Lake Mary, was contaminating the underground water supply – the Floridan Aquifer – in all directions around their home just south of Sanford.

The third shock was when Patricia Fulmer was diagnosed with a malignant tumor, adding to the stress of their two daughters coping with chronic illnesses and the passing of a fifth pet, Dunder, a miniature pinscher.

In 2021, they sold their home to a developer and moved away.

The former house of Alan and Patricia Fulmer on a bulldozed lot at the corner of H.E. Thomas Parkway and Cherry Laurel Drive in Sanford, photographed Tuesday, April 11, 2023. The house is located northeast of the former Siemens-Stromberg factory at 400 Rinehart Road in Lake Mary. The Fulmers moved away several years after learning that 1,4-dioxane, a likely carcinogen detected at the former factory site, had contaminated their water well. (Joe Burbank/Orlando Sentinel)

The former house of Alan and Patricia Fulmer on a bulldozed lot at the corner of H.E. Thomas Parkway and Cherry Laurel Drive in Sanford, photographed Tuesday, April 11, 2023, days before the home was demolished. The house is located northeast of the former Siemens-Stromberg factory at 400 Rinehart Road in Lake Mary. The Fulmers moved away several years after learning that 1,4-dioxane, a likely carcinogen detected at the former factory site, had contaminated their water well. (Joe Burbank/Orlando Sentinel

*****

“It all began making sense,” said Patricia Fulmer, whose family has been firm in requesting a measure of privacy as they confront medical struggles and worries about their exposure to 1,4-dioxane. “It’s just so wrong.”

Her reaction has precedent in Florida. Some of the state’s most harrowing pollution episodes played out in stages: anxiety over exposure followed by distrust of officials for silence about a known threat.

1,4-dioxane was in use across the U.S. by the 1970s. The Siemens factory, making telephone network components, had been cited by the Florida Department of Environmental Protection the time it closed in 2003 for shoddy handling of hazardous chemicals.

There may be no way to learn when and at what strength 1,4-dioxane first invaded drinking water in Seminole County, but its presence was confirmed in the tap water of Sanford and the county’s Northwest Service Area in 2013 and in Lake Mary’s water in 2014.

Factory owners, including Siemens Corp. and General Dynamics, have denied liability for toxic pollution at the Lake Mary manufacturing site, but stated in 2017 that contaminants “may have been the result of historical activities at the Former Facility.”

‘You have the right to know’

The Fulmers were not alone in the dark.

Of the tens of thousands of residents and workers of Lake Mary, Sanford and Seminole County also exposed, it’s difficult to know how many have been made aware of the 1,4-dioxane they were consuming in drinking water.

It’s likely to be a very low percentage, judging from people well positioned to have learned of such a contamination of the Floridan Aquifer.

Caroline Hendrie, a veteran journalist who wrote for many years at EdWeek, wrote an overview of the implementation of vouchers (or “Education Savings Accounts“) in states that have endorsed “universal” access, removing almost all limits on access to them. Vouchers for rich and poor alike. As Josh Cowen has written in many articles, most students who use vouchers never attended public schools. And those from public schools who use vouchers are likely to do less well academically than the peers they left behind. No longer do you hear that vouchers will “save poor kids from failing public schools” because they don’t. In red states, they are a gift of public funds to families who happy to collect $6,000-$10,000 to underwrite their private school tuition.

Hendrie explains that voucher fans fall into two camps: On one side are those who want voucher families to restrict their use of public funds only to authorized expenditures, like tuition, tutoring, computers, school supplies. On the others are parents who say they want no restriction on what they purchase.

Like Florida, the states of Arkansas, Iowa, and Utah have all enacted laws this year that would open ESAs—sometimes after a multiyear phase-in—to most if not all school-age children in their states. Those four followed Arizona and West Virginia, which started implementing similar universal programs in 2022.

That wave plus other legislative action in 2023 brought to 13 the number of states with one or more education savings account programs funded directly from state revenues. In addition, Missouri has an operating ESA program paid for through tax credits.

Amid this growth, controversies have flared over ESA implementation—most notably but not exclusively in Arizona.

Critics complain that voucher money has been spent on non-education expenses, like swimming pools, kayaks, bbq grills, greenhouses, chicken coops, pianos, pizza ovens, and trampolines.

But parent groups have advocated for maximum flexibility, in which parents get a debit card and are free to purchase whatever they want, with no oversight.

Of course, vouchers create new for-profit opportunities. A company named ClassWallet has emerged to provide financial services to voucher states.

In 2019, Arizona contracted with the company ClassWallet to facilitate ESA transactions on its online spending-management portal. ClassWallet is also used by ESA programs in Indiana, Missouri, New Hampshire, and North Carolina.

On its website, the Florida-based ClassWallet lists its offerings:

ClassWallet is a digital wallet with an integrated eCommerce marketplace, automated ACH direct deposit, and reloadable debit card with pre-approval workflows and audit-ready transaction reporting. ClassWallet reduces overhead costs, saves valuable time, and better visibility and control for decentralized purchases.

Save Our Schools Arizona, which led the campaign to stop voucher expansion in 2018, is convinced that the state’s new commitment to universal vouchers will prove harmful to public schools, where most students are enrolled.

Save Our Schools Arizona, which advocates for public schools and opposes the 2022 ESA program expansion, argues that ongoing disputes over implementing the broader program prove it has become, as the organization’s executive director, Beth Lewis, puts it, “too big to succeed.”

Lewis said that the program is “wide open” for fraud. “It is interesting to watch my taxpayer dollars be used to build a garden in everybody’s backyard, when my public school can’t afford one,” she said. “It’s just this unspoken rule of, if you see it in a public school, then it’s approvable.”

Other states should view Arizona’s move to universal eligibility not as a model but as a cautionary tale, Lewis argues. She sees evidence of that happening in states such as Arkansas and Iowa, where newly passed laws call for incremental, multiyear expansions before getting to universal eligibility.

“I think they looked at Arizona and saw that this is a complete disaster and is not serving families well,” Lewis said. “There’s no way to ensure transparency. And they said, ‘Well, at the very least, we need to phase this in.’”

School-choice advocates tend to defend Arizona and see its uneven expansion process as par for the course when states try something different to promote educational freedom.

The last thing the choice lobby worries about (if ever) is the well-being of public schools, even though they enroll the vast majority of students in the state.

There is one good reason to subscribe to Esquire: to read Charles Pierce, one of the most perceptive writers of our time. Pierce writes about education on occasion, and he’s always on target. In this column, he skewers the casual cruelty of Texas Governor Greg Abbott , who seized control of the Houston public schools on the flimsiest of pretexts, and Houston’s new superintendent Mike Miles, who’s pushing his top-down ideas without regard to anyone else’s views. Miles is a military man who learned about education at the Broad Academy, where one of the central teachings was to ignore public opinion, as well as the views of local teachers.

Pierce writes:

This week, something altogether remarkable, and not in a good way, happened in the city of Houston in the state of Texas. On June 1, the state of Texas, which is wholly governed by Greg Abbott and a compliant, and heavily gerrymandered state legislature, took over the Houston Independent School District. The pretext was flimsy, as so many of Abbott’s pretexts are, where he even bothers to provide them. (That legislature again.) The decision was, well, unpopular. From Texas Monthly:

Mike Miles, the state-appointed superintendent of the Houston Independent School District, might be the most hated person in Harris County. At last week’s school board meeting—the first since Miles was officially hired—residents crowded HISD headquarters, in northwest Houston, to oppose the state’s takeover of the school district. One speaker compared Miles, who is the son of a Black father and a Japanese mother, to a Grand Wizard of the Ku Klux Klan. Another described the state’s recent seizure of HISD, which serves a student population that is 62 percent Hispanic and 22 percent Black—as an “act of racial violence.” Larry McKinzie, an educator and former State Board of Education candidate, appeared to make a physical threat against Miles: “Realize this: you’re safe at forty-four-hundred West Eighteenth”—the location of the board meeting—“but you’ll have to go back [home].” Not one of the 33 attendees who gave public comments had anything good to say about their new superintendent.  It was hard to gauge Miles’s reaction to the criticism, because he spent the entire public-comment period in a back room, watching the meeting on TV.

A meeting the night before this one had dissolved into chaos, so the new HISB rescheduled the meeting for the next night, using a plan that had the lovely tang of East Germany to it.

 In an apparent effort to keep order, the board allowed only 35 members of the public into last week’s meeting room, which can accommodate more than 300. The remaining 100 or so attendees were relegated to an overflow room. Several attempted to force their way into the main room, only to be turned back by armed police officers. One teacher who had registered to speak at the meeting was arrested for criminal trespassing and spent the night in jail. 

Houston officials tried to fight the takeover, and they even got it stalled for four years. But the puppet show that is the government of Texas has many fail-safe devices and they all work.

Houston leaders overwhelmingly opposed the takeover, citing HISD’s overall B rating from the state and strong financial position. In 2019 the district sued the state, delaying the takeover for four years. The legal battle ended in January, when the Texas Supreme Court—whose nine members are all Republicans—sided with the TEA. 

Miles beta-tested his sophisticatedly named New Education System in Dallas, where it proved to be a matter of long-term pain for short-term gain. This week, its implementation in Houston was widely interpreted as equally ominous. From Texas Public Media:

Librarian and media specialist positions are being eliminated at 28 campuses designated to be part of Miles’ New Education System (NES), which entails premade lesson plans for teachers, classroom cameras for disciplinary purposes and a greater emphasis on testing-based performance evaluations, among other initiatives. The libraries at those schools will continue to include books that can be read or checked out by students but are otherwise being reimagined as “team centers” where special programming will be held and disruptive students will be sent so as not to interfere with their classmates’ learning, according to HISD spokesperson Joseph Sam. The library-related changes also could be coming to the 57 schools where principals elected to be NES-aligned campuses, with Sam saying that would be determined on a campus-by-campus basis.

If this seems extreme, that’s only because it is — homogenized lesson plans, surveillance in the classroom, “special programs” for “disruptive students.” And libraries turned into “discipline centers,” which, truth be told, are not as dungeon-adjacent as their name might imply, although their name so clearly implies it that the NES folks like to call them “team centers.”

That most of the affected students will be from low-income communities of color should be obvious from jump, which means god alone knows what the NES definition of “disruptive” in practice is going to be. (In some places, “disruptive” students have drawn the attention of the local police. So maybe things are looking up.) What is also obvious is that any complaints will go into a political meat-grinder that is rigged in such an ironclad fashion that an fair outcome is nearly impossible. And around and around it goes.

The Arizona Republic reported an increase in new private schools that opened in response to the state’s expanded voucher program. All children, regardless of family income, can now get vouchers to spend for religious schools, private schools, online schools, or home schooling. The voucher funding will decrease funding for public schools, which enroll the vast majority of students in the state. The voucher program in Arizona was expanded despite a state referendum in 2018 in which 65% of voters opposed voucher expansion.

The story focuses on Majestic Grace Christian Academy, which opened with an enrollment of 10 or 12 students. It hopes to double its enrollment next year. Christian values infuse the teaching in every subject.

As a small private school that sprang up just this past school year, Majestic Grace exemplifies the private school revolution stemming from the universal expansion of school vouchers. It is one of many recently launched private schools taking advantage of newly available public money. But while Majestic Grace and other private schools accept public funds in the form of school vouchers, there is little public oversight of what students are learning, whether they are achieving at their grade level and the training their instructors receive…

All the students attending Majestic Grace last year were school voucher recipients, said school founder Jed Harris, the retired banker. Majestic Grace is not the first school Harris has helped open in Arizona. He also worked to launch Tipping Point Academy, a private school in Scottsdale that promises to integrate a Biblical worldview into every lesson….

Grand Canyon Private Academy, an online school for students in grades K-10 that opened this past school year, notes prominently on its website that the Arizona school voucher program will cover all of the school’s tuition, which is up to $6,500 for the full year. …

Before the 2022-23 school year began, the Empowerment Scholarship Account program served about 12,000 students. Now, more than 60,000 students receive funding through the program for private school tuition, tutors or educational materials.

While it is unclear how many of those students receive funding for private school tuition rather than special therapies or at-home learning supplies, the voucher vendor list includes many private schools.

As the school voucher program has grown so have concerns about public money supporting private schools that are poorly understood beyond their physical or virtual walls. Gov. Katie Hobbs’ office released a memo in July estimating the school voucher program will cost more than $950 million in the current budget year, leading to a budget shortfall of nearly $320 million.

Voucher opponent Beth Lewis, who heads the public school advocacy group Save Our Schools, wonders whether private schools serve students better or are just shielded from the scrutiny of public schools, which are legally bound to provide information for accountability’s sake.

“Arizona’s ESA program is the least accountable in the entire country,” said Lewis. “Public dollars are going to strip mall private schools, popping up with zero accreditation and no requirements that they adhere to curriculum or state standards. In a public school, you need to have all of those things.”

State law requires the Arizona Department of Education to give every public school — district and charter — an A through F letter grade. It is based on factors including statewide assessment tests and graduation rate.

In contrast, Arizona law’s academic requirement for a family’s acceptance of a school voucher is that “a portion of the ESA must be used in at least the subjects of reading, grammar, mathematics, social studies and science,” according to the 2023-24 school voucher parent handbook. Those subjects must also be taught in private schools under Arizona law.

Those demands do little to alleviate Lewis’ concerns about academic accountability for private schools accepting taxpayer dollars.

“If you spend five minutes writing a sentence about grammar, that is not putting together a robust education,” Lewis said.

Furthermore, students lose legal protections when they leave public schools to accept a school voucher. For instance, private school students are not protected under a federal law that governs special education, the Individuals with Disabilities Education Act, like public school students.

Private schools also have less rigorous legal requirements for staff.

Most public school employees are required by law to undergo a form of background check to ensure they don’t have a criminal history that would disqualify them from working with children. That’s not required for private schools or vendors accepting voucher dollars.

In addition, full-time, permanent classroom teachers in public schools must have at least a bachelor’s degree. There’s no similar requirement for private schools, and the voucher program only requires vendors, like tutors, to have a high school diploma when it’s related to the service they’re providing.

With school vouchers, private schools and other educational vendors are answerable to the parents, according to the head of the program, who recently resigned. While the state provides a list of vendors and schools approved to receive voucher money, it is the parent’s responsibility to ensure a provider has satisfactory credentials and provides adequate services.

The voucher schools are exempt from state testing requirements. They are not accountable to the state.

Yesterday was a momentous day in American history. A former President was charged with the crimes of conspiracy to overturn the election that ousted him. We watched the events of January 6, 2021, unfold on national television. We did not know all the details of the conspiracy, which happened in secrecy. But independent counsel Jack Smith interviewed people who were in those secret sessions. Some of them blabbed.

Robert Hubbell summed up the dramatic events of last night. Open the link and keep reading.

Hubbell writes:

At 7:14 PM EDT on August 1, 2023, special counsel Jack Smith strode to a lectern in Washington, D.C., opened a folder, and said, “Today, an indictment was unsealed . . . .” With those plain words, Jack Smith announced the most remarkable legal proceeding in the history of our nation. The indictment (US v. Trump) alleges that a former president of the United States attempted to prevent the peaceful transfer of power between presidents—the hallmark of American democracy.

          Smith cut to the quick of the indictment in his brief remarks, saying:

The attack on our nation’s Capital on January 6, 2021, was an unprecedented assault on the seat of American democracy. It was fueled by lies, lies by the defendant.

          And the indictment cuts to the quick of the injury inflicted by Trump: It alleges that Trump engaged in a conspiracy “against the right to vote and to have one’s vote counted.”

          There it is: Trump attempted to deny the American people the right of self-determination. If that right is abrogated, a free people become vassals of an authoritarian state that exists to perpetuate itself rather than serve the people.     

          In its economy and focus, the indictment lays bare Trump’s betrayal of the Constitution and the American people. In damning Trump with words of one syllable, it seeks to persuade the jury that will determine his guilt and the American people who will determine his fate.

          The indictment is the product of deep strategic thinking. Jack Smith seeks a conviction before the 2024 presidential election. To increase the likelihood of that outcome, the indictment charges a single defendant—Donald Trump. The indictment alleges that Trump was assisted by six un-indicted co-conspirators—five attorneys and one political consultant who can (and will) be tried later.

          In charging a broad conspiracy involving six un-indicted co-conspirators, Smith will be able to use the statements of the seven co-conspirators against one another. The indictment bristles with incriminating admissions and confessions of guilty knowledge by inept and clueless amateurs whose proximity to the presidency caused them to take leave their senses.

          The indictment deftly seeks to hold Trump accountable for the violence on January 6th without assuming the burden of proving he incited the violence. Rather, the indictment alleges that Trump exploited the violence by using it as an excuse to justify the unlawful delay necessary for the false electors plot to succeed.

          The indictment focuses on the false electors’ plot, one of the most straightforward and easily provable elements of Trump’s attempted coup. The indictment does not seek to hold Trump directly accountable for inciting the violence—a difficult proposition to prove.

          On August 2, 2023, Americans who yearn for justice and accountability should feel buoyed by the powerful indictment against Trump. We have much to be grateful for, including the following:

  • That Merrick Garland chose Jack Smith to prosecute Trump;
  • That Jack Smith and his staff (attorneys and FBI agents) acted with the urgency and dispatch appropriate after an attempted coup—and before a threatened second coup.
  • That former Speaker Nancy Pelosi had the foresight to proceed with a select committee to investigate the events of January 6th over objections from House Republicans.
  • That the dedicated members of the House J6 Committee (and their staff) presented an overwhelming case of Trump’s guilt to the American people.
  • That state prosecutors and civil litigants in Georgia and New York pursued justice against Trump when it appeared that federal prosecutors temporized.
  • That the men and women who defended the Capitol on January 6th were able to hold the line long enough for the coup plotters to lose their nerve. As Jack Smith said of the law enforcement officers who defended the Capitol, “They are patriots and they are the best of us.

          The indictment is momentous. It should speak for itself and deserves to be read in full by you. Indeed, it is your civic duty to do so. The indictment is here: US v. Trump. It is eminently readable. To whet your appetite, here is the introduction:

1.    The Defendant, DONALD J. TRUMP, was the forty -fifth President of the United States and a candidate for re-election in 2020. The Defendant lost the 2020 presidential election.

          2. Despite having lost, the Defendant was determined to remain in power. So for more than two months following election day on November 3,2020, Defendant spread lies that there had been outcome-determinative fraud in the election and that he had actually won. These claims were false, and the Defendant knew that they were false. But Defendant repeated and widely disseminated them anyway to make his knowingly false claims appear legitimate, create an intense national atmosphere of mistrust and anger, and erode public faith in the administration of the election.

          3. The Defendant had a right, like every American, to speak publicly about the election and even to claim, falsely, that there had been outcome-determinative fraud during the election and that he had won. He was also entitled to formally challenge the results of the election through lawful and appropriate means, such as by seeking recounts or audits of the popular vote in states or filing lawsuits challenging ballots and procedures. Indeed, in many cases, the Defendant did pursue these methods of contesting the election results. His efforts to change the outcome in any state through recounts, audits, or legal challenges were uniformly unsuccessful.

Early analysis of the indictment by legal commentators.

          We will spend months and years reviewing the indictment. The early analysis started to arrive on Tuesday evening. A good place to start is with the question of whether it is in the interest of the nation to prosecute a former president for resisting the peaceful transfer of power. It is. See Ruth Marcus op-ed in WaPoProsecuting Trump is perilous. Ignoring his conduct would be worse. Marcus writes,

There is a reasonable argument to be made that Trump is already facing criminal charges for his behavior in other matters and proceeding against him on the suite of election-related offenses is unwise and unnecessary.

I disagree, and reading Tuesday’s indictment bolsters that conviction. The Mar-a-Lago indictment charges a separate set of crimes: illegal retention of national defense information and obstruction of justice. These are serious allegations, but to say that their existence obviates the need to prosecute Trump for his efforts to prevent the peaceful transfer of power is akin to arguing that it is not essential to bring murder charges if the putative defendant is already accused of armed robbery.

Prosecuting Trump on these charges is a grave, even perilous, step. Condoning his behavior by ignoring it would be far worse.

Josephine Lee of The Texas Observer conducted the following interview with the leaders of Pastors for Texas Children, Dr Charles Foster Johnson and Dr. Charles Luke.

The Texas Observer is a wonderful publication.

This year, Governor Greg Abbott made “school choice,” or vouchers, one of his top legislative priorities. He counted on riding the wave of “parent rights” crusades into the national political arena. But Texans didn’t buy it.

Since 1995, the Coalition for Public Schools in Texas has assembled a broad spectrum of religious, child advocacy, and education organizations, now with 50 groups representing some 4 million Texans. Its member organizations range from the American Civil Liberties Union to the Texas Baptist Christian Rights Commission. For 28 years, the coalition has beaten repeated efforts to privatize public schools through a voucher system. This year’s regular legislative session was no different.

Abbott and the state Senate made multiple attempts to implant vouchers—after the House voted not to use public dollars for private schools—including offers to buy off rural school districts, back-door deals to vote without any hearing, and busing in a scant showing of supporters at the governor’s expense. These were countered by thousands of emails and phone calls and dozens of opposition rallies featuring coalition members. Still, Abbott has promised a future special session on vouchers. The Texas Observer spoke with Charles Luke, who coordinates the coalition, and the Rev. Charles Johnson, who leads the member organization Pastors for Texas Children, who together suggest that Abbott give up and focus on Texans’ real needs.

TO: Can you describe Abbott’s attempts to convince rural residents to support vouchers and pit them against urban communities?

Charles Luke: There was a measure that would have given districts $10,000 for each student on a voucher if that district had less than 20,000 kids. It would be a period of two years and then after that it was upped to five years. Also, the lieutenant governor, when he was running for office and doing his tour of Texas, said he was going to bracket out the rural districts from the voucher programs. He got a lot of pushback from people saying, “If this is such a good idea, why are you leaving us out of it?” So he quickly changed his opinion and even reportedly told senators who were also using that as a talking point in their campaigns to stop talking about vouchers because it’s not popular.

What are the conditions in rural schools?

Charles Johnson: The big headline is we’re sitting on a $33 billion pot of money. And the governor wants the money to go to private schools instead of public schools. That’s the nub of the matter right there. So we didn’t get the classroom support we needed; we didn’t get the teacher salary increases, even though our classes are too full. And with teacher retention so low, you have fewer teachers working harder, longer hours without the fair pay associated with that extra effort. All this time, we have money in the bank; we have all these infrastructure needs, and we’re spending all our time using the voucher issue to hold hostage school finance.

Luke: The other issue that hasn’t been talked about is that schools are trying to make it under double-digit inflation. Everything they’re purchasing, from construction materials to food for the cafeteria, has gone up since COVID. So they’re doing all of this without any extra money. At the same time, we’re limiting their ability to raise local taxes.

Why did Abbott’s fearmongering about “critical race theory” and other efforts fail?

Johnson: Because it’s ludicrous. When [rural Texans] really look around the school, they see their family members and their church members. For example, the Baptist preacher’s wife is the principal or their teacher is the mayor’s daughter. In a rural community, where people know each other and have organic relationships, this is the key. They’ve grown up together, the children have been in school together. There are cross-racial relationships. The teacher who harbors a humanistic concern for the well-being of every child is going to guard the freedom and dignity of the child’s religious expression. But there are shrill and well-funded political interests in this country that do not want to have that kind of diversity. It does not advance a particular right-wing political agenda.

Do you think the anti-”critical race theory” narrative is on its way out then?

Johnson: Absolutely. We’re addressing all these manufactured crises that don’t have any real direct existential connection to where Texans live and what they need: a great public school for ranch kids, roads to get products to market, broadband, water. All those things are very important. That’s what we ought to be addressing here in Austin.

Luke: I think the people of Texas are just worn out. They’re angry and frustrated, and then there’s this narrative that keeps on coming up, this baloney narrative that we don’t really see happening anywhere. After decades of being in the schools, I can count on one hand the number of times somebody taught something that shouldn’t be taught. But here’s the problem: A lot of these people, who are pushing this problem and pushing the privatization of public schools, haven’t been inside a public school in years. And every time I hit a pothole that didn’t get filled in because the state spent money fighting “critical race theory,” well, that’s a frustration for me.

What should religious liberty look like in the public schools?

Johnson: This is our number one objection to the privatization of public education. The public school is the laboratory of American democracy, where children learn to respect each other across all kinds of differences. And the protection of religious liberty is a fundamental human right. Government has no proper authority over religion. Period. Now our children can already express themselves religiously in schools in all kinds of ways. They can have a silent prayer. Religious organizations can meet on their own time before or after school or during lunch hour for a prayer group. Principals spend a good bit of their time protecting individual religious expressions of children and teaching tolerance to children for all the diverse expressions of religion. One of the foundational pieces of curriculum in a public school is tolerance, respect, and anti-bullying. It is the social and emotional support that children need to grow up into full adulthood. So, it is an egregious violation of human rights for public dollars to advance a religious doctrine.

Dr. Luke gave the best response this session to [Republican state] Senator Mayes Middleton.

Luke: Mayes Middleton had asked me [during a Senate Education Committee hearing] to explain a tweet from Pastors for Texas Children: “The governor is leading in the indoctrination of children by promoting vouchers.” Well, if you’ve got a child in a religious school, be it Christian, Muslim, Jewish, or whatever, they’re gonna teach that child their religious doctrines and that’s the dictionary definition of indoctrination.

What do you foresee for Abbott’s special session on vouchers?

Johnson: If Abbott calls a special session to get a voucher program, we’ve been told by a lot of House members that the opposition to a voucher program will increase. This has already been quite an embarrassment for Abbott. Now, he wants to call the legislature back into session, after what they’ve been through these past 140 days, just to once again vote on something that they have defeated time after time after time for the last 28 years.

Teachers College Press released this description of recent research on school choice.

Does School Choice Mean Parents or Schools Do the Choosing?

Dr. Barbara Ferguson
Research on Reforms, Inc.


In their book on school choice, the authors ponder the question: “Does School Choice Mean Parents or Schools Do the Choosing?”

The book is published by Teachers College Press at Columbia University* and its authors, Wagma Mommandi and Kevin Welner, begin by citing the driving force behind school choice, which is to remove the “government monopoly on schools and let families choose the school for their children.”

But, through their decades of research, the authors conclude that “charter schools often play an outsize role in shaping enrollment.” They cite an assortment of practices that charter schools have implemented to deter the enrollment of certain groups of students. And they conclude, “even when parents are able to enroll their child in their preferred school of choice, academic requirements and disciplinary policies may prevent enrollment in subsequent years.”

These same conclusions were reached by Dr. Barbara Ferguson and published in her book: “Outcomes of the State Takeover of the New Orleans Schools” (2018). Dr. Ferguson uses the term “selective admission” for charter schools with enrollment practices that deter the enrollment of certain groups of students. The term “selective retention” is used for charter schools that have policies that prevent continued enrollment.

Charter schools are public schools, and they are supposed to be distinguished from the traditional public schools only by the governance structure. Charter schools are governed by private boards and traditional schools are governed by public boards. Yet, in New Orleans, the charter schools are allowed to enact admission and retention rules like those enacted by private schools..

“Selective Admission” allows charter schools to select the best and the brightest, and the wealthiest. Lycée Français charter school, in 2011-12, had a paid preschool program with a tuition of $4,570 and those preschool students gained automatic entry into the elementary charter school. They bypassed the lottery, which is required by federal law to be used when there are more applicants than spaces available in the school.

Benjamin Franklin, Lusher and Warren Easton were three successful magnet high schools that became charter schools and were allowed to keep their selective criteria for admission.“Selective Retention” allows charter schools to selectively remove underachieving and disruptive students:
• To continue their enrollment at Franklin and Lusher, students had to earn an overall 2.0 grade point average, and at Warren Easton an overall 1.5.

• At Hynes charter school: “Students with chronic attendance/tardy issues or with three or more suspensions will be ineligible to re-register.”

• At Mays charter school: “A student who misses ten or more consecutive days of school without notifying Mays Prep …is subject to being unenrolled at Mays Prep.”

• At Priestley charter school: “Students must maintain a 2.5 grade point average during the school year. Failure to do so will result in academic probation…and/or an invitation not to return the following year.”


• At Lake Forest Elementary charter school: “Failure to complete volunteer hours or participate in the mandatory fund raisers may result in loss of placement for your child.”This list can go on and on. The above information is taken from each school’s handbook and cited in Dr. Ferguson’s book.Perhaps the most egregious “Selective Retention” charter school scheme is expelling students for offenses for which they previously could not be expelled. Charter schools are allowed to develop their own rules for expulsion.


• At Miller-McCoy charter school, students can be expelled for “not attending tutoring, homework center…, misbehaving on the school bus, disrupting class….”


• At Arise Academy charter school, students can be expelled for “offenses, such as, disrespect, out of uniform, chewing gum…”


• At New Orleans College Prep charter school, students can be expelled “for repeated and fundamental disregard of school policies and procedures.”


• At Lafayette Academy charter school, students can be expelled for “unexcused or excessive absenteeism; cheating; failure to report to detention.”The list can go on and on. The above information is taken from each school’s handbook and cited in Dr. Ferguson’s book.

Charter schools not only developed their own rules for expulsion, but they could expel directly from the site level. Thus, a more tragic outcome was the aftermath of the expulsion. Previously, schools had to make a recommendation for expulsion to the district level. If the district office expelled the student, the district was then required to reassign the expelled student to another school. But charter schools were allowed to expel directly from the site level with no obligation to ensure that the student was re-enrolled in another school. Thus, the parents of the expelled student had to find another school which was almost impossible since charter schools can cap enrollment.

Constitutionally, each state has an obligation to educate all students to a given age which is established by the state. But that obligation is circumvented when no entity has the responsibility to ensure that a student expelled from a charter school is re-enrolled into another school. When the New Orleans School Board regained some control of the charter schools, they reversed the charter school site-level expulsion mandate, now requiring charter schools to recommend students for expulsion to the district office. If expelled, the district office then places the student into another school. However, two New Orleans high schools still retain language in their handbooks which state that they expel from the site level.

“Does school choice mean parents or schools do the choosing?” The Louisiana charter school law was intended for parents, especially parents of “at-risk” children and youth, to remove their students from “failing” schools and to choose a school with a higher rating. But the written law has not become the implemented law. New Orleans “at-risk” children and youth remain in the poorest performing schools.


________________________________Endnote:


*School’s Choice: How Charter Schools Control Access and Shape Their Enrollment (Teachers College Press, 2021) Authors: Wagma Mommandi and Kevin Welner.

Comments to bferguson@researchonreforms.orgResearch On Reforms Website

Ana Cenallos of The Orlando Sentinel reports that the state of Florida adopted curriculum materials created by rightwing talk show host Dennis Prager with the explicit purpose of indoctrinating students to accept rightwing views of controversial topics.

Gov. Ron DeSantis repeatedly says he opposes indoctrination in schools. Yet his administration in early July approved materials from a conservative group that says it’s all about indoctrination and “changing minds.”

The Florida Department of Education determined that educational materials geared toward young children and high school students created by PragerU, a nonprofit co-founded by conservative radio host Dennis Prager, were in alignment with the state’s standards on how to teach civics and government to K-12 students.

The content, some of which is narrated by conservative personalities such as Tucker Carlson and Candance Owens, features cartoons, five-minute video history lessons and story-time shows for young children. It is part of a brand called PragerU Kids. And the lessons share a common message: Being pro-American means aligning oneself to mainstream conservative talking points.

“We are in the mind-changing business and few groups can say that,” Prager says in a promotional video for PragerU. He reiterated this sentiment this summer at a conference for the conservative group Moms for Liberty in Philadelphia, saying it is “fair” to say PragerU indoctrinates children.

“It’s true we bring doctrines to children,” Prager told the group. “But what is the bad about our indoctrination?”

The bottom line message: The US is the best place ever. Its history is unblemished by any troubling episodes. Slavery was practiced in many societies, and white people should be credited with ending it.

PragerU is not an accredited university and it publicly says the group is a “force of good” against the left. It’s a nonprofit organization based in Los Angeles that produces videos that touch on a range of themes, including climate policies (specifically how “energy poverty, not climate change” is the real crisis), the flaws of Canada’s government-run healthcare system (and how the American privatized system is better), and broad support for law enforcement (and rejection of Black Lives Matter).

In some cases, the videos tell kids that their teachers are “misinformed” or “lying.”