Archives for category: Accountability

Many people have been trying to understand what the local, state, and federal police did after they arrived at the Robb Elementary School while an active shooter was killing children and teachers. And they wonder about conflicting accounts from officials.

The editorial board of the Washington Post says that Governor Abbott of Texas must create an independent commission. Frankly, Governor Abbott is so pro-gun that it’s hard to imagine that any commission appointed by him would produce anything but a whitewash of his vicious policies, which made it legal for an 18-year-old to buy military assault weapons and to carry them openly. His actions and policies should be part of an independent investigation, and that is not likely to happen if he chooses the commission members.

What’s needed in Uvalde, Texas, is a credible investigation by the U.S. Department of Justice and the FBI.

The editorial board writes:

When police in Littleton, Colo., responded to reports of gunfire at Columbine High School in 1999, they did what they had been trained to do: set up a perimeter, summon specially trained SWAT and hostage teams, wait for demands and allow no one, including first responders, into the building. Hours passed before the building was secured, authorities realized the shooters had killed themselves, and the wounded received medical attention. Thirteen people — 12 students and a teacher — had been slaughtered.


Columbine resulted in fundamental changes in how law enforcement responds to mass shootings. The Columbine Review Commission formed by then-Gov. Bill Owens recommended in 2001 that “law enforcement policy and training should emphasize that the highest priority of law enforcement officers, after arriving at the scene of a crisis, is to stop any ongoing assault.” Active-shooter programs in which officers were trained to immediately target the gunman or gunmen became standard police protocol.

So why did it take 40 minutes to an hour before law enforcement authorities in Uvalde, Tex., stormed an elementary school classroom to stop a gunman who had gone on a shooting rampage? It is just one of the questions that parents whose children were killed, wounded or traumatized are asking — and it is one that authorities would do well to answer with clarity and urgency.

Since Tuesday’s mass shooting at Robb Elementary School, in which 19 children and two teachers were murdered, conflicting and confusing narratives have emerged. After initial accounts that the gunman had been confronted by a school resource officer and suggestions that there was an exchange of gunfire, a Texas law enforcement officer said on Thursday that the gunman entered the school “unobstructed” through a door that was apparently unlocked. Victor Escalon, a regional director at the Texas Department of Public Safety, said that Salvador Rolando Ramos, the alleged gunman who was killed when a Border Patrol tactical team burst into the room where he had been barricaded, did not initially encounter any law enforcement officers. Why the discrepancy?

Equally troubling is a harrowing video posted to a parent’s Facebook account that shows frantic family members on Tuesday begging police to take action. “Why let the children die? There’s shooting in there,” one woman pleaded. “They’re little kids, they don’t know how to defend themselves. … Six-year-old kids in there, they don’t know how to defend themselves from a shooter!” a man cried. Parents talked about rushing the building themselves, as they said police were just standing around. One parent was tackled to the ground. A national school safety expert told Post reporters that any delay in going inside will be hard to explain.


Make no mistake: The person responsible for the murder of these little children and brave teachers is the deranged 18-year-old who fired an AR-style rifle. But it is important to know whether errors were made that might have cost some lives. What lessons can be learned that might save lives in the future if — as sadly seems inevitable — there are more mass shootings? There needs to be a full public accounting. Just as the governor in Colorado once ordered a rigorous review of the events surrounding Columbine, so should Texas Gov. Greg Abbott.

If you live near Houston, or if you can get there by car or air, join a protest at the NRA. The notorious National Rifle Association is holding its annual meeting at the Convention Center in Houston.

Will they talk about promoting sensible gun control? Of course not.

They will strategize about defeating any gun control. They will strategize about removing existing restrictions in the states. They will strategize to seize the moment to sell more guns. They will strategize about keeping their lock on the Republican Party. They will strategize about raising more money to keep their allies in place.

Maybe they will have a moment of silence for the shoppers in Buffalo and the children and teachers in Uvalde.

Hypocrites. That’s the least offensive and printable word that comes to mind.

Denis Smith retired from the Ohio Department of Education, where he worked in the charter school office and saw fraud after fraud. Ohio’s charter schools (which the state calls “community schools,” which they are not) are unusually low-performing; a large number are failing schools.

Smith wrote about the scandalous selection of the new state superintendent in the Ohio Capital Journal.

Smith writes:

At its May meeting, the State Board of Education voted to employ Steve Dackin as Ohio’s new Superintendent of Public Instruction. But the hiring of the veteran school administrator has raised some concerns that require further reflection.

The state board’s decision occurred in the middle of National Charter Schools Week and prompted questions about the processes used in the appointment and the search that led up to the board’s action.  

To those familiar with the behavior of some charter school boards, where the members are usually hand-picked by the school’s operating company and where tales of conflicts of interest and self-dealing are legion, the state board’s action will need to be more closely examined lest it acquire the same reputation of so many conflicted charter school boards.

In covering the search process and appointment of a new state superintendent of schools, the Cleveland Plain Dealer summarized the situation succinctly:

“Steve Dackin was vice president of the State Board of Education and led the search for a vacant superintendent position before resigning and applying for the job three days later. The deadline to apply was the following day.”

You don’t have to read that Plain Dealer paragraph again to realize there was something wrong in the practices of a state board that allowed a board member to conduct the search for a superintendent, resign so that he could apply at the deadline for the position, add his resume to those already received from other candidates, and then months later be hired for the very position he oversaw as vice president of the board and head of the search committee that was charged with filling the position.

If a public board is concerned about optics, its actions might demonstrate that in addition to suffering from myopia, it’s also tone deaf as shown by its hiring of the new state superintendent.

Catherine Turcer, who directs Common Cause Ohio, an organization which promotes “transparency and accountability in government,” also examined the process that led up to Dackin’s candidacy and had concerns.

“The thing that’s important about this is that we have as much transparency as possible so that we can understand what happened and whether he was attempting to get himself the job inappropriately,” she said. “Right now, we have a lot of questions and things look odd. It’s not enough to do the pro forma, ‘I put my resignation in before I applied.’ You dotted one ‘i’ but what about all the ‘t’s?’ she told the Plain Dealer.

The appointment of a new state superintendent during National Charter Schools Week drew praise from the state charter school lobby, including kind words from the Thomas B. Fordham Institute, an organization that promotes these publicly funded, privately operated, underregulated entities and, like the schools it promotes, is conflicted in its purposes. That makes Fordham a comfortable and perfect fit in the midst of charter world.

The conflict that is Fordham was described last year in the Ohio Capital Journal. Fordham serves simultaneously as a charter school authorizer, promoter, and so-called “think tank,” crafting studies that unsurprisingly promote public school privatization, which it calls school choice. But with all of its “think tank” research, apparently Fordham hasn’t studied one of the major design flaws in charter schools. 

That flaw doesn’t allow the democratic election of board members by qualified voters in a community. Instead, in many instances we have seen self-dealing by hand-picked board members, conflicts-of-interest by operators, and all of the ethical issues that surround organizations that are not fully transparent in their operations. 

The most classic example of this was seen several years ago, where the chairman of a charter school board was also a part-owner of the company which owned the building where the school was located. The school made an overpayment of $478,000 to the company without any board approval. A number of individuals associated with the charter school were indicted, including the school founder, his wife and brother, the board chairman and school treasurer.

Which brings us back to the recent action of the State Board of Education in choosing a new state superintendent.

Because of a history of scandal in the state charter school industry, where more than $1 billion in public funds alone went to ECOT in the largest online charter school scandal in the country, and where the wreckage of more than 300 closed Ohio charters have further depleted the state treasury due to lax oversight caused by few controls, the State Board of Education itself should not be acting like a challenged and conflicted charter school board with few rules, policies, or any sense of institutional memory. 

Moreover, the enthusiasm for Dackin’s appointment expressed by the charter school industry and the Fordham Institute should also raise even more concerns.

As someone who has experience in providing oversight of charter schools as well as service on non-profit boards, it is my view that the processes used in the Dackin appointment are troublesome. For example, some boards have policies that require at least a one-year separation by a board member before applying for employment with the organization. Such a board policy protects an organization and lessens the possibility of a conflict or self-dealing situation by any member. 

And what about the State Board of Education? Why isn’t there policy which prohibits the employment of a former board member for an extended period of time after separation from the board? For that matter, are there any state boards that have a “time-out” policy before a board or advisory committee member seeks employment?

The Ohio Ethics Commission and its three-page review of the situation before the state board’s hiring of the new superintendent was, to put it mildly, inadequate for the circumstances in the Dackin situation. The appearance of a conflict of interest or any ethical question related to actions that employ past board members recently separated from a public board should be a serious issue.

There is no doubt that the State Board of Education can do better at policy formulation and practice. So too can the Ohio Ethics Commission, which should start a discussion about strengthening its guidelines to go beyond minimalist interpretations of statute and offer more robust models to boards and public agencies that promote greater transparency and accountability. 

After all, a state public board by its actions should not mimic charter school boards that love to receive public money but hate regulation.

A video was posted on Facebook showing Uvalde parents pleading with police officers in the school grounds to enter the school and stop the shooting. Some wanted to charge into the building on their own. They yelled, they cursed, pleaded, to no avail. The response from the officer they encountered was to push them back. The video is posted on this article in The Washington Post. It will undoubtedly be all over the other news sites soon. (I’m not on FB.)

The police seemed to have no plan. They sat in their patrol cars, waiting for instructions.

As more and more law officers arrived—local, state, and federal—their confusion about what to do and who was in charge must have grown intense.

There was one evil guy with an AR15 and (as the saying goes among gun advocates) more than 100 good guys who had weapons, maybe even their own AR15s. Without action, their presence was not enough to save the 21 souls in the classroom the evil one entered. No one even tried to save them. The decision was made by someone to isolate the classroom instead of entering it.

This is not a time to take pride or offer congratulations on a fast response. This is a time for grief and shame. Grief for those who died at the hands of a heartless killer. Shame for the officials who failed to develop action plans to save those in danger.

Who should be held accountable?

Governor Greg Abbott.

I asked the question yesterday as the news trickled out. More than 100 law officers converged on the Robb Elementary School in Uvalde while a shooter was killing students and teachers. Between 30-60 minutes assed before they broke into the classroom and shot the killer. Why did they wait so long when every second counted?

Parents and neighbors are asking the same question. Why the delay?

CBS reports:

Uvalde, Texas — Frustrated onlookers urged police officers to charge into the Texas elementary school where a gunman’s rampagekilled 19 children and two teachers, witnesses said Wednesday, as investigators worked to track the massacre that lasted upwards of 40 minutes and ended when the 18-year-old shooter was killed by a Border Patrol team.

“Go in there! Go in there!” nearby women shouted at the officers soon after the attack began, said Juan Carranza, 24, who saw the scene from outside his house across the street from Robb Elementary School in the close-knit town of Uvalde. Carranza said the officers did not go in.

Javier Cazares, whose fourth grade daughter, Jacklyn Cazares, was killed in the attack, said he raced to the school when he heard about the shooting, arriving while police were still gathered outside the building.

Upset that police were not moving in, he raised the idea of charging into the school with several other bystanders.

“Let’s just rush in because the cops aren’t doing anything like they are supposed to,” he said. “More could have been done.”

“They were unprepared,” he added.

Carranza said the officers should have entered the school sooner.

“There were more of them. There was just one of him,” he said…

Carranza, the neighbor, said he watched as the gunman, identified by authorities as Salvador Ramos, 18, crashed his truck into a ditch outside the school, grabbed his AR-15-style semi-automatic rifle and shot at two people outside a nearby funeral home who ran away uninjured.

Officials say he “encountered” a school district security officer outside the school, though there were conflicting reports from authorities on whether the men exchanged gunfire.

After running inside, the shooter fired on two arriving Uvalde police officers who were outside the building, said Texas Department of Public Safety spokesperson Travis Considine. The police officers were injured…

Department of Public Safety Director Steve McCraw told reporters that 40 minutes to an hour elapsed from when the gunman opened fire on the school security officer to when the tactical team shot him, though a department spokesman said later that they could not give a solid estimate of how long the gunman was in the school or when he was killed…

“The bottom line is law enforcement was there,” McCraw said. “They did engage immediately. They did contain (the shooter) in the classroom.”

Olivarez said the officers who first responded to the scene “were at a point of disadvantage” and were not able to make entry.

“There was no way they were able to make entry, especially with the amount of manpower that was on scene,” he said. “So at that point, their primary focus was to evacuate as many children as possible.”

A specialized tactical unit made of local, state and federal law enforcement officers were eventually able to enter the classroom, authorities said. Three officers were injured, and all are in good condition, Texas Gov. Greg Abbott said.

McCraw commended the officers who engaged the shooter before the tactical unit entered, saying they saved lives by keeping him “pinned down” at his location.

“Obviously this is a situation we failed in the sense that we didn’t prevent this mass attack — but I can tell you, those officers that arrived on the scene and put their lives in danger, they saved other kids,” he said. “They kept him pinned down, and we’re very proud of that.”

So, commendations to everyone involved. “We’re very proud of that.” Governor Abbott is proud, so is Lt. Gov. Dan Patrick. There were three good men with a gun who “engaged” the shooter. There were more than 100 good men and women with heavy weaponry who kept the killer pinned in one classroom. “Only” 21 died.

The dozens of officers debated what to do and who was in charge as the killer did his deadly work. They kept him “pinned down.” It was a single classroom, for God’s sake, not a bank vault! Wasn’t there one brave officer who would charge in and shoot the murderer dead before he finished off 21 beautiful souls? No. Thoughts and prayers. Maybe next time.

Earlier, I posted Gloria Steinem’s advice about gun safety. Treat access to guns like access to abortion. Require a 48-hour waiting period and authorization from a doctor (attesting to your mental health). Permit only one gun store in every state, so prospective gun buyers must travel long distances to buy one. Require them to walk a gauntlet of anti-gun protestors when they enter the store.

Dr. Janet Robinson responded to the post. She has unusual credentials on the subject of school shootings.

She wrote:

I agree with Gloria Steinem’s comments. As the Superintendent of Schools in Newtown when the Sandy Hook massacre occurred, I believed that the horror of that shooting of little children would bring about rapid change in gun laws and went to Washington DC to add my voice in advocacy, only to be abused by conspiracy folks for years after. Some legislators came up with dangerous solutions rather than consider instituting criteria for gun purchases, like arming teachers. How many more children will die or be traumatized by this violence in what should be a safe haven for them before we see our elected officials care enough about our children to pass laws that protect them. There is so much debate about protecting the unborn, why are we not protecting our born children with the same passion?

James Harvey recently retired as executive director of the National Superintendents’ Roundtable. He is a member of the board of the Network for Public Education. In this post, he describes how the benchmarks used by the National Assessment of Educational Progress are misused to attack American education. The “achievement levels” were created in 1990 when Chester Finn Jr., an enemy of public schools, was chair of the National Assessment Governing Board. They were designed to make American student achievement look worse than it was. The media and the public think that “proficient” means “grade level.” It does not. It is equivalent to a solid A. Yet how many hundreds or thousands of times (e.g. the charter propaganda film “Waiting for Superman”) have you been told that most American students score “below grade level”? It’s not true. To be blunt, it’s a lie.

James Harvey wrote on Valerie Strauss’s “Answer Sheet” blog at The Washington Post:

Every couple of years, public alarm spikes over reports that only one-third of American students are performing at grade level in reading and math. No matter the grade — fourth, eighth or 12th — these reports claim that tests designed by the federal government, the National Assessment of Educational Progress (NAEP), demonstrate that our kids can’t walk and chew gum at the same time. It’s nonsense.


In fact, digging into the data on NAEP’s website reveals, for example, that 81 percent of American fourth-graders are performing at grade level in mathematics. Reading? Sixty-six percent. How could this one-third distortion come to be so widely accepted? Through a phenomenon that Humpty Dumpty described best to Alice in “Through the Looking Glass”: “When I use a word it means just what I choose it to mean.”


Here, the part of Humpty Dumpty was played by Reagan-era political appointees to a policy board overseeing NAEP. The members of the National Assessment Governing Board, most with almost no grounding in statistics, chose to define the term “proficient” as a desirable goal in the face of expert opinion that such a goal was “indefensible.”

Here’s a typical account from the New York Times in 2019 reporting on something that is accurate as far as it goes: results from NAEP indicate that only about one-third of fourth- and eighth-graders are “proficient” in reading.


But that statement quickly turns into the misleading claim that only one-third of American students are on grade level. The 74, for example, obtained $4 million from the Walton and DeVos foundations in 2015 by insisting that “less than half of our students can read or do math at grade-level.”


The claim rests on a careless conflation of NAEP’s “proficient” benchmark with grade-level performance. The NAEP assessment sorts student scores into three achievement levels — basic, proficient, and advanced. The terms are mushy and imprecise. Still, there’s no doubt that the federal test makers who designed NAEP see “proficient” as the desirable standard, what they like to describe as “aspirational.”


However, as Peggy Carr from the National Center for Education Statistics, which funds NAEP, has said repeatedly, if people want to know how many students are performing at grade level, they should be looking at the “basic” benchmark. By that logic, students at grade level would be all those at the basic level or above, which is to say that grade-level performance in reading and mathematics in grades 4, 8 and 12, is almost never below 60 percent and reaches as high as 81 percent.
And the damage doesn’t stop with NAEP. State assessments linked to NAEP’s benchmarks amplify this absurd claim annually, state by state.

While there’s plenty to be concerned about in the NAEP results, anxiety about the findings should focus on the inequities they reveal, not the proportion of students who are “proficient.”
Considering the expenditure of more than a billion dollars on NAEP over 50-odd years, one would expect that NAEP could defend its benchmarks by pointing to rock-solid studies of their validity and the science behind them. It cannot.


Instead, the department has spent the better part of 30 years fending off a scientific consensus that the benchmarks are absurd. Indeed, the science behind these benchmarks is so weak that Congress insists that every NAEP report include the following disclaimer: “[The Department of Education] has determined that NAEP achievement levels should continue to be used on a trial basis and should be interpreted with caution” (emphasis added).


Criticisms of the NAEP achievement levels
What is striking in reviewing the history of NAEP is how easily its policy board has shrugged off criticisms about the standards-setting process. The critics constitute a roll call of the statistical establishment’s heavyweights. Criticisms from the likes of the National Academy of Education, the Government Accounting Office, the National Academy of Sciences, and the Brookings Institution have issued scorching complaints that the benchmark-setting processes were “fundamentally flawed,” “indefensible,” and “of doubtful validity,” while producing “results that are not believable.”
How unbelievable? Fully half the 17-year-olds maligned as being just basic by NAEP obtained four-year college degrees. About one-third of Advanced Placement Calculus students, the crème de la crème of American high school students, failed to meet the NAEP proficiency benchmark. While only one-third of American fourth-graders are said to be proficient in reading by NAEP, international assessments of fourth-grade reading judged American students to rank as high as No. 2 in the world.

For the most part, such pointed criticism from assessment experts has been greeted with silence from NAEP’s policy board.


Proficient doesn’t mean proficient


Oddly, NAEP’s definition of proficiency has little or nothing to do with proficiency as most people understand the term. NAEP experts think of NAEP’s standard as “aspirational.” In 2001, two experts associated with NAGB made it clear that:
“[T]he proficient achievement level does not refer to “at grade” performance. Nor is performance at the Proficient level synonymous with ‘proficiency’ in the subject. That is, students who may be considered proficient in a subject, given the common usage of the term, might not satisfy the requirements for performance at the NAEP achievement level.”

Lewis Carroll’s insight into Humpty Dumpty’s hubris leads ineluctably to George Orwell’s observation that “[T]he slovenliness of our language makes it easier for us to have foolish thoughts.”

NAEP and international assessments


NAEP’s proficiency benchmark might be more convincing if most students abroad could handily meet it. That case cannot be made. Sophisticated analyses between 2007 and 2019 demonstrate that not a single nation can demonstrate that even 50 percent of its students can clear the proficiency benchmark in fourth-grade reading, while only three could do so in eighth-grade math and one in eighth-grade science. NAEP’s “aspirational” benchmark is pie-in-the-sky on a truly global scale.
What to do?

NAEP is widely understood to be the “gold standard” in large-scale assessments. That appellation applies to the technical qualities of the assessment (sampling, questionnaire development, quality control and the like) not to the benchmarks. It is important to say that the problem with NAEP doesn’t lie in the assessments themselves, the students, or the schools. The fault lies in the peculiar definition of proficiency applied after the fact to the results.

Here are three simple things that could help fix the problem:


• The Department of Education should simply rename the NAEP benchmarks as low, intermediate, high, and advanced.

• The department should insist that the congressional demand that these benchmarks are to be used on a trial basis and interpreted with caution should figure prominently, not obscurely, in NAEP publications and on its website.

• States should revisit the decision to tie their “college readiness” standards to NAEP’s proficiency or advanced benchmarks. (They should also stop pretending they can identify whether fourth-graders are “on track” to be “college ready.”)

The truth is that NAEP governing board lets down the American people by laying the foundation for this confusion. In doing so, board members help undermine faith in our government, already under attack for promoting “fake news.” The “fake news” here is that only one-third of American kids are performing at grade level.

It’s time the Department of Education made a serious effort to stamp out that falsehood.

Thank goodness for independent media! Oklahoma Watch published an investigative report that detailed a secret slush fund that supplements the salary of the state Secretary of Education.

(This story was produced in partnership with the Oklahoma nonprofit newsroom The Frontier.)

Gov. Kevin Stitt vetoed legislation that would have required cabinet members to file public reports to disclose their finances.

If Stitt had signed the bill last month, Oklahomans would learn that Secretary of Education Ryan Walters makes at least $120,000 a year as executive director of a nonprofit organization that keeps its donors secret. Walters is also paid about $40,000 a year by the state, according to state payroll data.

The nonprofit, Every Kid Counts Oklahoma, has refused to disclose its largest donors.

But a joint investigation by The Frontier and Oklahoma Watch has found that much of the organization’s funds come from national school privatization and charter school expansion advocates, including the Walton Family Foundation and an education group founded by billionaire industrialist Charles Koch.

As Secretary of Education, Walters serves as Stitt’s top advisor on public education policy and is the governor’s liaison for dozens of state boards and programs.

Walters’ outside employment with a nonprofit funded by advocacy groups could be a conflict of interest, said Delaney Marsco, senior attorney for ethics at the Campaign Legal Center, a nonprofit group that focuses on government transparency and accountability.

“If you are responsible for making decisions in a certain area of the government and you are being paid by an outside organization that has an interest in that, that absolutely can be a conflict of interest,” Marsco said. “If you are a public servant, your duty is to the public, and anything that kind of calls that into question, even raises the appearance of a conflict of interest, is a problem.”

Under Walters’ leadership, Every Kid Counts Oklahoma was the public face of Stitt’s program that distributed $1,500 grants to families in 2020 funded with $8 million in federal coronavirus relief money. The money was intended to buy tutoring and educational supplies. But a lack of safeguards allowed parents to use some of the funds to buy TVs, gaming consoles and home appliances, an investigation by Oklahoma Watch and The Frontier found. Emails and other recordsshow that Walters helped secure the no-bid contract with a Florida company to distribute the money. The U.S. Department of Education’s Office of Inspector General has opened an audit into how the state used those funds.

Walters, who declined multiple interview requests, is now running for state superintendent, an elected position overseeing the state Department of Education and a budget of over $3 billion. Unlike in federal elections, candidates for state office in Oklahoma are not required to fill out financial disclosures until after they are elected.

Please open the link and read on.

The parents of children who were victims of a massacre at the Sandy Hook Elementary School in Newtown, Connecticut, moved a step closer to getting justice done in their legal battle with Alex Jones. Jones claimed on his broadcasts that the Sandy Hook massacre was a hoax intended to promote gun control. Many of the grieving parents were harassed by followers of Jones; some received death threats. They sued Jones and won. Jones, however, declared bankruptcy, and his case was moved to a bankruptcy court in Texas, where he lives.

What Jones did to the families of the Sandy Hook victims was unfathomable cruelty. How could anyone be so heartless?

A federal bankruptcy judge on Friday returned the Sandy Hook defamation cases to a state court in Austin, setting the stage for trials to determine how much money Austin-based conspiracy theorist Alex Jones must pay for labeling the 2012 school shooting a hoax.

Jones has been found liable for defamation and causing emotional distress to parents of several Sandy Hook Elementary School shooting victims when he and others in his InfoWars media system called the mass shooting a hoax intended to justify a government campaign to restrict gun rights.

The first of two Texas trials to determine how much money Jones owes to the parents was to begin last month in Austin.

However, shortly before jury selection was to begin, Jones sought bankruptcy protection for InfoWars, now known as InfoW LLC, and two related companies. That Chapter 11 petition was filed in Victoria and assigned to a judge in Houston.

Jones also removed the Sandy Hook cases to federal bankruptcy court in Austin, forcing the postponement of a two-week trial that was to begin April 25 before state District Judge Maya Guerra Gamble.

On Friday, U.S. Bankruptcy Judge Christopher Mott returned to the cases to Guerra Gamble, noting that the Sandy Hook families had dropped all claims against InfoW LLC and the two other Jones companies in bankruptcy, Prison Planet TV and IWHealth.

“The Sandy Hook families look forward to being back in state court and bringing Alex Jones to justice,” lawyer Avi Moshenberg said.

The families had opposed the bankruptcy move, calling it an improper attempt to limit Jones’ financial exposure to court-imposed damage awards.

During a pretrial hearing last month, lawyers for Jones argued that Guerra Gamble could take no action on the Sandy Hook cases until a bankruptcy judge ruled on their motion to remove the cases to federal court.

Guerra Gamble reluctantly canceled the trial, saying that while she believed Jones’ lawyers had “improperly filed” the bankruptcy action, federal court rules left her no choice.

But the judge also predicted that the matter would be returned to her court, and she promised fast action once that happened.

“As soon as I do get a remand, I will be resetting this case at the earliest date I can get 100 jurors seated again. We are going to go to trial as soon as I can possibly do that,” Guerra Gamble said at the pretrial hearing.

The delayed trial involved Neil Heslin and Scarlett Lewis, parents of 6-year-old Jesse Lewis. They sued after Jones alleged that the school shooting was “a giant hoax” and disputed Heslin’s claim that he had held his dead son in his arms afterward.

A second Austin trial, set for June, involves Leonard Pozner and Veronique De La Rosa, parents of 6-year-old Noah Pozner. They sued after Jones described the school shooting as a “false flag” deception meant to create a pretext to crack down on gun rights.

The two children were among 20 students and six adults who were killed in the attack at the Newtown, Conn., school.

This article originally appeared on Austin American-Statesman: Bankruptcy judge returns Sandy Hook-Alex Jones cases to Austin courthttps://d-19525011102339417401.ampproject.net/2205051832000/frame.html

A progressive media-watch organization called FAIR (Fairness and Accuracy in Reporting) criticized New York magazine writer Jonathan Chait for failing to report his wife’s role in the charter industry when writing about (and defending) charter schools and attacking teachers’ unions.

On several occasions, Chait has written about education issues, usually to defend charter schools, although he is a political journalist with no particular expertise about education policy. He claims that he doesn’t have to disclose his wife’s role in the charter industry, because he is an opinion writer. FAIR does not consider that an appropriate justification for not disclosing his conflict.

It’s strange to see a journalist who calls himself “liberal” attack teachers’ unions. As a rule, liberals are not anti-union.

Chait’s article at the center of the controversy criticized President Biden and his Department of Education for proposing regulations that would prohibit for-profit charter management organizations from receiving federal funds. For-profit charters are typically low performing and should be an embarrassment to the entire sector, yet the charter industry lobbyists have rallied round the sleaziest of the charter chains. Since Joe Biden promised during his campaign to eliminate federal funding for for-profit charters, no one should be surprised that he is following through.

The proposed regulations also ask charter operators to submit an impact analysis, summarizing the likely effect of their charter on the existing public schools and the need for the new charter, as well as spell out their plans to collaborate with the district where they would locate. The charter lobbyists consider this idea of collaboration with district schools to be abhorrent.

FAIR did not analyze the argument about the value or harm of the regulations. It did address Chait’s failure to disclose his wife’s connection to the federal Charter Schools Program.

FAIR wrote:

NPE executive director Carol Burris, in a post on fellow education expert Diane Ravitch’s blog (5/13/22), laid out a convincing case that Chait’s latest article oversteps even the limited disclosure he had put in the article’s footnote aside.

[Burris wrote]:

Now let’s talk about what Jonathan Chait failed to disclose as he opposed the CSP regulation reforms, using the same misinformation that has appeared in other op-eds.

His wife worked for Center City Charter Schools as a grant writerwhen that charter chain received two grants from the Charter School Program (CSP), the program whose loose rules he is now defending. Download the 2019 database that you can find here and match the years of dispersion to the resume of Robin Chait. But the undisclosed conflict continues to this day. Since 2018, Robin Chait has worked for WestEd, which evaluated the CSP during the Betsy De Vos era. And her employer, WestEd, once got its own $1.74 million grant from CSP.

FAIR’s research confirmed—and expanded upon—those claims.

WestEd, where Robin Chait has worked since October 2018, has received CSP funding from the Department of Education, most notably an open grant that’s already paid out $8.1 million to evaluate CSP and work with grantees. The contract, issued in September 2020, is one of a number of high-value DOE grants received by WestEd.

Also objectionable, although FAIR does not discuss it, was Chait’s characterization of the Network for Public Education as an organization funded by the teachers’ unions, which is false. That was his way of disparaging NPE, although for the life of me, I see nothing objectionable about taking funding from unions representing the nation’s teachers. It’s not like taking money from foundations of billionaires pushing privatization of the nation’s public goods, like the Waltons, Charles Koch, Michael Bloomberg, and Betsy DeVos.