Archives for category: Accountability

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

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

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

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

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

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

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

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

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

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

Read the full complaint attached below.

ADDITIONAL STATEMENT ADDED AUGUST 18, 2021:

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

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

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

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

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

# # #

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

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

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

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

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

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

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

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

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

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

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

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

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

Why do so many billionaires think that it is their responsibility to redesign education? I, personally, would prefer to see them spend their time figuring out how to reduce poverty, how to provide medical care in low-income communities, how to provide affordable housing for all. But they don’t ask me.

Chalkbeat reported recently that three of our biggest billionaires are combining forces to discover “breakthroughs” in education. As usual, the billionaires—Gates, Walton, and the Chan-Zuckerberg Initiative—assume that they will discover a magic trick that solves all problems. Like the Common Core, which David Coleman and Bill Gates believed would raise test scores and close all achievement gaps. They assumed that standardization of curriculum, standards, tests, and teacher training would produce high test scores for all students. Except it didn’t.

Matt Barnum wrote:

Three of the biggest names in education philanthropy have teamed up to fund a new organization aimed at dramatically improving outcomes for Black, Latino, and low-income students.

The Advanced Education Research & Development Fund, announced Wednesday, is already funded to the eye-popping tune of $200 million from the Bill and Melinda Gates Foundation, the Chan Zuckerberg Initiative, and the Walton Family Foundation. (Gates and Walton are also supporters of Chalkbeat.)

AERDF (pronounced AIR-dif) says its focus will be on what it calls “inclusive R&D,” or bringing together people with different expertise, including educators, to design and test practical ideas like improving assessments and making math classes more effective. Still, the ideas will have “moonshot ambitions,” said the group’s CEO Stacey Childress. 

“One of our mottos for our program teams and the projects they fund is ‘heads in clouds and boots on the ground,’” she said. 

It’s an unusually well-funded start for a new education organization, especially as big education funders have seen their influence wane in recent years after some of their ideas showed uneven results and prompted backlash. AERDF suggests these funders still have significant ambitions for improving education in the U.S., even if those efforts are less splashy — or controversial — than they once were.

The organization emerged from work that began in 2018, when CZI and Gates teamed up to invest in R&D. That resulted in a project known as EF+Math, which funds efforts to embed lessons in executive functioning — a set of cognitive skills related to self control and memory — into math classes. 

Read on.

Governor Ron DeSantis issued an executive order that prohibits school districts from adopting mask mandates for all students and staff, even though Florida hospitals are overflowing withbCOVID patients. DeSantis has presidential aspirations.

The leadership of Miami-Dade County and Broward County have decided to defy DeSantis’ reckless decision and protect their students and staff.

MIAMI – Superintendent Alberto M. Carvalho said he agrees with recommendations by health experts that Miami-Dade County Public Schools implement a face mask mandate with an opt-out medical accommodation starting Aug. 23.

The School Board of Miami-Dade County will discuss and finalize on the issue when they meet at 11 a.m. on Wednesday.

Miami-Dade County Public Schools students start the 2021-22 school year in a week. New teachers had to report on Aug. 11 and the first regular teacher planning is on Wednesday.

Given the evidence on vaccine breakthrough cases, the U.S. Centers for Disease Control and Prevention recommended universal indoor masking for all teachers, staff, students, and visitors to K-12 schools, regardless of vaccination status on July 27.

According to the CDC, the level of transmissibility remains high in Miami-Dade. The Aug. 6-12 case positivity rate was 20.3% in Miami-Dade, according to the Florida Department of Health. The Delta variant is the main driver of the ongoing COVID surge.

Broward County Public Schools will begin the new 2021-22 school year on Aug. 18 with a face mask mandate. School Board of Broward County members first approved a universal face mask mandate on July 28.

Gov. Ron DeSantis signed an executive order on July 30 to protect parents’ freedom to opt-out from school districts’ face mask mandates and tasked the Florida Department of Education with enforcing the order….

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As you know, Florida Governor Ron DeSantis issued an executive order barring school districts from adopting mask mandates. Every family should make it’s own decision, he has said. As schools open, the disastrous results of this reckless policy are becoming clear.

AFT President Randi Weingarten tweeted yesterday:

“Just heard….nearly 5600 Hillsborough County students in quarantine…. As a result, Hillsborough is calling an Emergency School Board meeting on Wed. This is the result of the recklessness by DeSantis….why is he banning mass mandates in schools?”

In Tampa Bay, hundreds of cases of coronavirus were reported in the first week of school.


Even though classes just started last week, schools in the greater Tampa Bay region have already seen hundreds of students and staff test positive for coronavirus, and thousands of people are isolating due to exposure or illness.

The numbers were generally between 10 times to 20 higher than the cases that were counted in the first week of school last year, and in Sarasota, school board chair Shirley Brown said the numbers reflected on district dashboards are far below the actual case count.

“It’s actually worse than what our dashboard shows because we are having trouble keeping up with data entry,” Brown said in an email to WUSF Sunday night.

By Sunday, 261 students in Sarasota County schools had tested positive in the first week. According to the school district’s COVID dashboard, 194 students were in isolation on Sunday.

A case count of 261 is already more than 20 times higher than last year, in a district that contains about 45,000 students. The Sarasota Herald Tribune reported there were just 10 cases of COVID in the county’s schools the first two weeks last year. But Brown said that’s not even the full picture…

The Florida Education Association is tracking cases statewide, and said 4,148 Florida Pre-K-12 students and staff have tested positive for coronavirus since Aug. 1.

Three children in Florida and 15 educations have died from COVID-19 since July, according to the Southeast’s largest labor union.

The families of those who died should sue those responsible for making it illegal to enact scientifically-based mitigation measures, including masks and vaccinations.



Some members of the Los Angeles school board are proposing a stealth voucher plan. Unsurprisingly, the United Teachers of Los Angeles opposes the plan.

DeVos-funded consultant pushes internal voucher scheme in LAUSD

This fall UTLA members will be building a vision for how to use the historic infusion of funding to transform education for our students. The privatizers have their own game plan to drive more public dollars to charter operators, and it involves an internal voucher-like scheme connected to Betsy DeVos. Under Trump, Devos’s office funded a grant for an outside consultant to push a competition-based system called Student-Centered Funding in LAUSD.

Basically, funding would move with each student instead of being allocated centrally for staff and programs. It sounds like a good idea when you first hear about it — but in cities like Chicago and Denver, these formulas have led to racially disparate negative consequences, including the loss of libraries and the arts, school closures, and the undermining of school stability, particularly in Black and Brown communities.

The funding scheme was sold in Chicago as a way to achieve greater equity for Black and Brown students, but it’s done the opposite.
Former student Styles Avant-Pinkston lived through a similar scheme — called student-based budgeting in Chicago — that led to under-resourced schools being starved of support and then often shut down. Avant-Pinkston was forced to travel across town to attend a school outside of his neighborhood.


“I shouldn’t have to take a 50-minute bus ride — I should just be able to walk to a good school,” Avant-Pinkston says. “These funding schemes are an attack on kids of color and minority communities. You never hear about schools in wealthy neighborhoods shutting down — they invest in those schools. Schools can be turned around if they see value in doing that — some people just don’t see the value in communities of color. The message is clear: Student-based funding schemes shut down neighborhood schools.”

The LAUSD School Board has yet to vote on the internal voucher scheme, but a decision could come as early as this month. With a highly paid consultant leading the way, the district has fast-tracked the plan, and families and educators have been left out of the discussions and development. Even some Board members have been given little information about this monumental shift in funding.

This internal voucher scheme has destabilized community schools wherever it’s been tried and has not proven to improve student outcomes. If implemented the negative effects would be:

Marketing Over Student Needs: Students would be turned into “backpacks full of cash” and schools forced to compete for market share. With every year a hustle to protect enrollment, school principals would have to prioritize marketing over student needs.

Downward Spiral: Schools that are already struggling with inadequate resources and that serve under-resourced communities would be hit hardest. Every time a student leaves, the school would have even fewer resources to support the students who remain, triggering cuts to staff and essential programs and pushing out other families.

School Closures: Drops in enrollment lead to the closure of neighborhood schools and the destabilization of communities, particularly in Black and Brown neighborhoods. LAUSD has already been targeting small schools like Trinity Elementary in South LA for permanent closure, citing dropping enrollment figures. Closed schools are then handed over to a chapter operator. That trend will accelerate under this internal voucher scheme

Veteran Educators Pushed Aside: The scheme creates incentives to hire lower-salary educators and other staff. That’s what happened in Chicago, where principals are prioritizing hiring less expensive inexperienced teachers over the overwhelmingly Black veteran teaching staff.

Privatization on steroids: LAUSD has told the Department of Education that they plan to allow dollars to follow students to independent charter operators, a further threat to neighborhood schools and the stability of the public school system. The operational funding shift also lays the groundwork for money to eventually follow students to private or religious schools. This is why market reformers from both political parties — from Arne Duncan and Betsy DeVos to ALEC — support the formula: It is an important step down the road to achieving their longtime goal of dismantling our nation’s historic commitment to public education and freeing those dollars for the private sector.

At the peak of the Teacher Revolt in 2018, educator Tina Bojanowski ran for a seat in the Kentucky legislature and won. She was re-elected in 2020. She is a teacher in the public schools of Jefferson County (Louisville).

In this video, she explains to her fellow legislators that their efforts to ban “critical race theory” are nonsensical. There are real problems to be addressed, like youth suicide, gun violence, and COVID.

She surveyed her colleagues and found that they were confused about what they were allowed to teach to comply with the law’s requirement that they must avoid any mention of racial superiority or anything that would make students uncomfortable. One teacher asked how she could teach about World War 2 without mentioning Hitler’s claims of Aryan superiority. Another said that history includes many actions that might make students uncomfortable.

Her brief statement illustrates the value of having working educators in the state legislature and the folly of state legislatures passing laws mandating what teachers are not allowed to teach.

Matthew Thomas reports that charter-loving billionaires are funding critical race theory.

He quotes AOC, who asked:

“Why don’t you want our schools to teach anti-racism? Why don’t Republicans want their kids to know the tradition of anti-racism in the United States?”

And Thomas replies:

I can’t speak for Republicans, but how’s this for a reason: the models of anti-racism now dominant in the education sector are an outgrowth of the charter school industry, funded by billionaires, and deliberately minimize the importance of class analysis.

Charter advocates have long appealed to concern for black and brown students in underperforming public schools to legitimize their push for privatization. But as the power of identity has grown in liberal culture, the industry has become the locus of a growing network of consultancies, NGOs, and businesses sowing the politics of race reductionism throughout the professional class. Back in May, I reported on Dianne Morales’ deep connections to these segments of the charter industry, and how her particularly intense brand of identitarian rhetoric was a product of that milieu.

So yes, there really is an elite conspiracy to turn public schools into re-education camps for a poisonous racial ideology. But as usual, the right is too high on its own supply to grasp the true nature of this phenomenon. It isn’t the cultural Marxists who are behind it, working to the subvert the white imperium from within. It’s all the usual Draculas of the ruling class, looking to advance a goal the right itself has pursued for decades: the privatization of public education.

Please read the rest of the article. Thomas’s theory is that the billionaires prefer to get parents and the public focused on identity politics and ignore class analysis.

Samuel Abrams worked for many years as a teacher in a New York City public school. After earning his doctorate, he became executive director of the National Center for the Study of Privatization in Education at Teachers College, Columbia University. The Center consistently produces valuable reports about privatization. Consider joining its mailing list.

Here, Abrams reviews Joanne Golann’s recent book Scripting the Moves, a close analysis of “no excuses” charter schools. Open the link to read the full review and an excerpt from the book.

Abrams writes:

Few education initiatives have generated as much praise as well as philanthropic funding as the “no-excuses” charter school movement. Yet criticism of the movement has recently been growing, from both inside and out, so much so that KIPP (short for Knowledge Is Power Program), the movement’s standard-bearer, dropped its motto—“Work Hard. Be Nice.”—one year ago in acknowledgement of the conflict between the organization’s rigid code of conduct and its goal of fostering student independence.

No book captures the tension between these competing forces as well as Joanne W. Golann’s Scripting the Moves: Culture and Control in a “No-Excuses” Charter School (Princeton University Press, 2021). In this NCSPE excerpt, Golann lays the foundation for her analysis, a sociological case study based on 18 months of observations at a “no-excuses” charter middle school beginning in March 2012. In keeping with much case study research, Golann, an assistant professor of public policy and education at Vanderbilt University’s Peabody College, does not identify the school or its location, other than to note it is not part of a large network of charter schools and is situated in a medium-sized former industrial city in the northeast. Golann gives the school a pseudonym: Dream Academy.

As Golann recounts, the “no-excuses” movement began with the founding of one KIPP middle school serving low-income minority students in Houston in 1994. Another KIPP middle school serving low-income minority students in the Bronx opened in 1995. With students at both schools posting top scores on state reading and math exams, KIPP won acclaim. “For its first eight years, KIPP Academy Houston was recognized as a Texas Exemplary School,” Golann notes, “and KIPP Academy New York was rated the highest performing middle school in the Bronx for eight consecutive years.”

A segment on 60 Minutes in 1999 made that acclaim national and brought to the fore the school’s “no-excuses” pedagogical strategy: a much longer school day (running from 7:25 a.m. to 5:00 p.m.), strict behavioral expectations, and unyielding commitments by parents and teachers alike to student success, all in the name of guaranteeing that every student makes it to and through college.

Embodying KIPP’s unrelenting focus on deportment has been its ubiquitous prescriptive acronym, SLANT, standing for Sit up straight at one’s desk; Listen attentively to teachers and peers alike; Ask and answer questions; Nod in acknowledgment of instructions; and Track the speaker with one’s eyes.

In the wake of the segment on 60 Minutes, more positive coverage followed. In addition to a subsequent segment on 60 Minutes, laudatory articles appeared by David Grann in The New Republic, Bob Herbert and Thomas Friedman in The New York Times, Stanley Crouch in The New York Daily News, Leonard Pitts in The Miami Herald, and Jay Mathews in The Washington Post. Mathews built on those articles in his book about KIPP called Work Hard. Be Nice (Algonquin, 2009). The husband-and-wife team of historian Stephan Thernstrom and political scientist Abigail Thernstrom earlier praised KIPP for its resolve and methods in their book No Excuses: Closing the Racial Gap in Learning (Simon & Schuster, 2003). Malcolm Gladwell devoted a chapter of his book Outliers (Little Brown, 2008) to KIPP’s impressive academic outcomes and linked them to the extended hours required of both students and teachers. Paul Tough likewise commended KIPP for its dedication to character education in his book How Children Succeed (Houghton Mifflin, 2012).

In conjunction with this positive coverage, the philanthropic spigot opened up. Doris and Donald Fisher, founders and owners of The Gap, gave $15 million to KIPP in 2000 to start replicating and afterward continued to give the organization about $5 million a year to that same end. Other foundations, including those steered by the Waltons and Gates, have since contributed many millions more. And in 2010, the U.S. Department of Education gave KIPP an Investing in Innovation grant of $50 million to further replicate.

By 2020, Golann reports, KIPP served 110,000 students in 255 schools across the country. Of these students, 88 percent came from low-income families; 95 percent were Black or Latino. Thirteen similar “no-excuses” networks evolved in KIPP’s shadow. By 2020, these networks, from Achievement First and Aspire to Success Academy and YES Prep, together enrolled another 200,000 students in 433 schools across the country. The demographics of Dream Academy, in particular, reflected those of KIPP: over 80 percent came from low-income families; about 67 percent were Black; about 33 percent were Latino.

To Golann, the problem with these “no-excuses” schools is not scalability, though scaling up these networks is indeed difficult. These schools depend on a finite number of young teachers who can work such long hours. They also depend on a finite amount of philanthropic funding to cover the cost of after-school music programs, supplementary tutoring, field trips, and college visits. More fundamentally, these schools depend on students and families that can handle the steep behavioral and academic expectations.

This last constraint is indisputable. In this regard, Golann cites the failure of Tennessee’s Achievement School District (ASD). “In 2010, Tennessee created the ASD to take over and contract with charter management organizations (CMOs) to turn around the state’s lowest-performing schools,” Golann explains later in her book. “By 2014-15, eighteen of the twenty-three ASD schools were managed by CMOs, many operating from a ‘no-excuses’ framework. After five years of turnaround efforts, the ASD schools failed to show any significant gains in students’ academic outcomes.” The key difference between conventional “no-excuses” charter schools and those in the ASD, writes Golann, is that the former involve an application process as well as specific commitments from parents and students alike to follow a contract while the latter simply enrolled all students from the designated neighborhood.

As I document in “Education and the Commercial Mindset” (Harvard University Press, 2016), a similar story unfolded over the same time period in Houston, where the economist Roland Fryer applied the KIPP curriculum to nine district high schools and eleven middle schools in an undertaking called Apollo 20. Without the application process as well as student and parent contracts defining KIPP, Apollo 20, like Tennessee’s ASD, lacked the buy-in critical to the everyday operation of “no-excuses” schools.

Please open the link to complete the review and to read an excerpt from the book.

Maurice Cunningham is a political scientist with a deep interest in how Dark Money influences education policy. His motto is: “Dark Money never sleeps.” He is a master at following the money. He customarily blogs at a website called MassPoliticsProfs, but was kind enough to send me this post first.

He writes here about the groups pushing the attacks on critical race theory:

The Corporate Critical Race Theory Attack: Chaos is the Product

“The backlash” begins an opinion piece in Newsweek by Parents Defending Education outreach director Erika Sanzi, and these may be the most accurate two words published by those who are attacking “wokeness,” gender studies, and Critical Race Theory. The sad fact is that white backlash has a proven record of effectiveness in American politics and it is once again being employed in the service of right wing corporate interests. The end product desired has less to do with CRT than with spreading disruption, fear, and chaos across America’s most important democratic public institution, schools.

According to the Washington Post, as of June 24 CRT (a theory developed in law schools and not well known among most Americans) has exploded on Fox News. The term was heard on Fox only 132 times in 2020 but has been mentioned 1,860 times this year, escalating month by month. The narrative is that grassroots parents groups have discovered the threat CRT poses to their children in schools and have arisen organically across the country to form local parent groups, a movement noticed and captured by websites and the powerful Fox News. The truth is that of an oligarch-funded and coordinated campaign using time tested techniques.

Follow the Money

Over the past five years I’ve been following “education reform” groups created by billionaire investors with names like Families for Excellent Schools, Massachusetts Parents United, and National Parents Union which have presented diversity as their public face while attacking teachers. So when I saw the launch of Parents Defending Education on March 30 I took note because it follows a different path: white backlash aimed more at school boards, superintendents, and principals. The first thing to do when evaluating these groups is always, follow the money.

But as the financial backers of groups like PDE well know, public disclosure of funders will only come about nearly two years down the road, if then, in publicly available Form 990 tax returns for organizations with Internal Revenue Code 501(c)(3)status as charitable organizations. PDE president Nicole Neily has refused to disclose the organization’s donors when asked by media outlets. It’s not just that she won’t. She can’t. Disclosure would likely reveal ties to radical right funders tied into the Koch network and similar underwriters. We know this thanks to work done by PRWatch and from Sourcewatch at the Center for Media and Democracy. They show that Neily is a political operative at Koch network funded operations like the Independent Women’s Forum, Franklin Center, and Speech First.

The Speech First association is instructive. Neily is founding president of that non-profit as well. Sourcewatch has identified some of its funders as the Bader Family Foundation for $30,000, Fidelity Investments Charitable Gift Fund: $500,250, Judicial Education Project for $1,000,000, and National Philanthropic Trust: $500,000. The real check writers will probably never become known. Form 990s show that Neily is the sole employee, earning $161,000 in 2018 and $150,000 in 2019. Speech First brings lawsuits against universities for policies touching on race. For this, it paid the law firm Consovoy McMullen $950,000 in 2018, and to get the word out paid the Republican communications firm Creative Response Concepts $106,000. Boiled down, Speech First is a pass through that allows wealthy conservative donors to remain hidden while paying Consovoy McMullen to attack universities.

And who represents Parents Defending Education? Why, Consovoy McMullen. William Consovoy also represents Donald Trump and clerked for Justice Clarence Thomas. The firm is conservative legal royalty. PDE did not hire it after an especially successful bake sale.

Parents Defending Education, No Left Turn in Education, and Moms for Liberty

PDE launched its well-developed website featuring pages with links to its allies, most of which were branches of groups called No Left Turn in Education and Moms for Liberty. According to NBC, No Left Turn in Education was launched in 2020 when a parent from a Philadelphia suburb became enraged at her children’s school for teaching concepts of racism after the police murder of George Floyd. Elana Yaron Fishbein then sprang into action to attack wokeness and founded NLTE. In September she appeared on Fox’s Tucker Carlson program and the next day the group’s Facebook increased from about 200 followers to over 30,000 and there are now 30 chapters in 23 states.

But when I looked at local NLTE chapters’ Facebook pages linked to through the PDE site in April, I found sparse membership: Alabama, 7; Arkansas, 3; Delaware, 6; Iowa, 2; Idaho, 4; Indiana, 8; Michigan (Betsy DeVos home state), 13; Mississippi, 3; Montana, 2; North Dakota, 2; Massachusetts, 17; Hawaii, 1. All of the NLTE Facebook pages featured the same banner, a montage of diverse teens against a background of school lockers, each student smiling and engaged, not a pimple on their perfect teenage faces; probably models, most certainly not local students. As for Moms for Liberty, it too had sparse membership in its affiliates: Arizona, 17; Wright Co, Minnesota, 8; Corpus Christi Nueces, Texas, 70. Moms for Liberty’s creation story is similar to others in the anti-public education universe: “moms on a mission to stoke the fires of liberty.” The story goes that two parents became upset with their local schools and started up a parents group. It happens. It’s a lot more unusual for the two grassroots moms to then book former Fox host Megyn Kelly for a fundraiser with tickets running from General Admission of $50 up to Presenting Sponsor for $20,000 with perks including a photo with Ms. Kelly and corporate logo on print and online marketing materials.

From Parents Defending Education, No Left Turn in Education, Moms for Liberty and on to groups like National Parents Union, the creation stories are similar. A handful of disgruntled moms talk over their frustrations, determine to start their moms or parents group to seek change, and then in pour the millions of dollars; contracts are quickly signed with nationally recognized public relations firms and pollsters (one newly birthed charter school-tied group in Rhode Island immediately hired a Biden pollster); the head mom is booked on Fox or featured in national media outlets. Conservative outlets like The Federalist, Washington Times, Campus Fix, and most importantly Fox News amplify the misleading message.

How to Attack Educators in a Few Easy Steps

The tactics for going after K-12 educators did not spring up anew but have been adapted from successful attacks on college and university professors. Isaac Kamola has explained this in an important article titled Dear Administrators: To Protect Your Faculty from Right-Wing Attacks, Follow the Money. Kamola finds that groups like Campus Reform and Campus Fix, which pay conservative students as “reporters” to whistleblow on their professors, are funded by wealthy right wingers including Koch who wish to gain leverage over what is taught and researched at America’s universities. These attacks follow a common script. Something a professor says or writes in research, a lecture, or even on social media is grabbed and most often taken out of context; there is never an engagement with the actual intellectual product. (In Shadow Network: Media, Money, and the Secret Hub of the Radical Right, Anne Nelson shows that Campus Reform is tied into right wing clearing house organizations the Leadership Institute and Council for National Policy). The targets are often scholars of color, especially women, and their work focuses on race or inquiries into capitalism. The out of context remarks are then percolated through a right wing ecosystem which includes web sites funded by the same network and all the way up to Fox News. Results can be stark. After Campus Reform did a story on a speech by Princeton University professor Keenga-Yamahtta Taylor the piece was picked up by Fox; threats against Professor Taylor were so virulent she cancelled talks in Seattle and San Diego. After Campus Reform misrepresented remarks by Trinity College professor Johnny Williams the campus had to be shut down due to threats and Williams was unfairly placed on leave. So the radical right knows how to generate chaos. Parents Defending Education has refined the play book further.

PDE relies upon two modes of attack on schools (which may include charter as well as public schools). The first, often well covered in the media and with appearances on Fox, is individuals who inundate school districts with public records requests. The second involves anonymous attacks on school personnel, concealment guaranteed by guidance offered by PDE to assure their agents remain hidden.

NBC News reported on one now famous Fox-supported attack by an individual wielding public law requests. A Maine parent named Shawn McBreairty was disgruntled with his local schools and joined No Left Turn in Education. He has filed over 50 public records law request with his Maine school district, tying up education professionals serving the public for his individual crusade. In South Kingstown, RI a parent whose child is enrolled but not yet attending kindergarten in the town filed 200 public records law requests “seeking copies of middle and high school curricula, lists of all books related to gender available in the library and 10 years’ worth of harassment complaints and emails.” The district estimated it would take 300 hours to fulfill the request. Local officials were undoubtedly right in assessing the attack as an effort to disrupt public education and attack a public good. The Rhode Island parent was rewarded with an appearance on Fox. When districts try to resist the onslaught of requests, corporate spokespersons like PDE’s Sanzi are ready with pro-wrestling sincerity to whine—to Fox News—about the people’s right to know. These groups weaponize the very openness of government to undermine government.

In a forthcoming work, Kamola and co-author Ralph Wilson show how groups like Speech First use discovery in lawsuits to create a “nightmare for administrators and their general counsel.” PDE and allies are now using public records lawsnationwide to achieve the same goal against public school districts.

While the public records requests are designedly onerous and discouraging, at least educators can tell where the attacks are coming from. The second tactic promoted by PDE is much worse, to encourage anonymous attacks against educators.

Take a recent example involving the Boston suburb of Wellesley, Massachusetts. This was an anonymous complaint forwarded by PDE grumbling that Wellesley had violated civil rights laws by providing affinity rooms for students to process their emotions after anti-Asian attacks across the nation. Ms. Neily confessed she has no idea who submitted it to PDE or if anyone in Wellesley agrees with the complaint. This is a baked in design by PDE as we see from examining the operation’s website page that teaches How to Create “Woke At” Pages. It provides detailed instructions for how to set up “an anonymous, safe Instagram page.” First set up a Gmail account “that can’t be tied to you.” Gmail is recommended because the site creator will also need to set up “an anonymous Google Form . . . which allows you to receive anonymous tips” that shields the informant’s identity, even from the Woke At administrator. At all times “we recommend erring on the side of secrecy.”

The Woke At instructions encourage PDE’s local spies to check out social media pages of educators which may reveal woke attitudes. The Understanding Woke Jargon page catalogs terms like “social justice” or “antiracism” the group finds offensive. Questions to Ask School Officials offers gotcha questions that can be asked of woke school officials “with cameras rolling.”

Why the advice to always act with hidden identities? Because of the terrifying disposition of those “woke activists” who talk about “inclusion, equity, justice” but are really “divisive, toxic, and extreme.” PDE is one education organization that was absent on the day irony was taught, for it insists on secrecy while pretending it promotes transparency. Concealment is especially important “given how angry and retaliatory many woke activists get when criticized.” PDE understands that much of its audience consumes a heavy diet of Fox News. Research by Jeffrey M. Berry, James M. Glaser, and Deborah J. Schildkraut shows Fox’s “underlying strategy is to anger viewers by stoking their resentment of racial and ethnic minority groups” and building fear. For instance, after the images of George Floyd’s murder, which initially shocked even Sean Hannity, Fox repeatedly showed video of “rioting and looting by protestors, relying on film showing fires burning and Blacks running out of looted stores with stolen merchandise in their arms.” These images were repeatedly shown well beyond the first week, after which there was little new such behavior to report upon. But the coverage stokes ideas of lawlessness and fear.

Whether by an avalanche of public records requests or generating negative coverage from anonymous tipsters, PDE and its allies are in business to create disruption and chaos in public education.

Getting Results

As Kamola has shown with his work detailing the corporate backed assault on higher education, these tactics often work. They are now working at the K-12 level. Public records requests have tied up school boards and administrators. NBC reports that Washoe County, Nevada halted in person school board meetings “after residents filled a large auditorium and lobbed insults and threats of violence during the public comment portion.” When open meetings later convened in a smaller venue, many residents waited long hours in the hot sun to make their comments against CRT and anti-discrimination policies—including quite a fewwho do not even have students in the system. “During the most recent meeting, which lasted 11 hours, speakers railed at school board members, calling them Marxists, racists, Nazis and child abusers, among other epithets.” In Rockwood Illinois, the St. Louis Post dispatch reported, teachers called upon the school board and superintendent to protect them against “personal attacks and outright threats of violence.” In Camas, Washington, the state’s 2020 teacher of the year thanked the school board and administrators for defending her efforts to promote inclusion and access after some residents “railed against the school district’s ‘woke’ agenda, COVID-19 mask mandates, remote learning and racial justice and equity programs.”

After all, as No Left Turn Maine’s Shawn McBreairty said in an email to NBC News, “This is a war with the left, and in war, tactics and strategy can become blurry.”

As the corporate agitators behind all this understand, they are making public service exhausting and distasteful, a campaign to drive good community members away from serving. This isn’t an unfortunate byproduct. We’ve seen it at the university level. It’s intentional.

The Rise of the Right Wing Moms

In announcing PDE’s complaint against the Columbus, Ohio public schools for its willingness to address racism in the wake of the police shooting of 16-year-old Ma’Khia Bryant, Ms. Neily acknowledged that no Columbus parent had complained, but that PDE was just a concerned group of parents. “We just all work from home,” Neily told the Columbus Post-Dispatch. “We’re all working moms.”

That sounds cozy and homey but Neily is a well-compensated veteran of numerous right wing organizations, including not only Speech First but the Cato Institute. Sourcewatch reports that “Nicole Neily has worked for many Koch-affiliated groups.” Ms. Sanzi has worked for billionaire funded school privatization groups, also bringing home a hefty paycheck. According to research from Mercedes Schneider the Education Post, an online publication originally funded by Eli Broad, paid Sanzi $121,000 in 2016 and $131,000 in 2017. She is also a “senior visiting fellow” at the Fordham Institute.

This is another area where patterns are not immediately visible but things become more clear years down the road when Form 990s become available. What we see is that following the emergence of these organizations with their tales of concerned moms banding together is that the moms are actually political operatives or communications professionals being well paid. Take for example Keri Rodrigues, “mom-in-chief” of the Walton backed Massachusetts Parents United. One of the several creation stories is that Ms. Rodrigues (always identified as a former union organizer) and a few other mothers gathered in their local library and decided to start a parents group. Actually, Ms. Rodrigues had been state director for Families for Excellent Schools, which ran a losing ballot campaign to increase charter schools in Massachusetts in 2016. She is also a communications professional, having been a radio host. MPU and an affiliate paid Ms. Rodrigues over $388,000 in 2017-2018. But the mom-in-chief story has had some penetration.

When the CDC announced reopening guidelines for schools in May 2021 Ms. Rodrigues, now also of Walton and Koch backed National Parents Union, appeared on Fox News to accuse teachers unions of undue influence. The host accused “teachers unions of basically writing the guidelines” a claim that Ms. Rodrigues enthusiastically agreed with. There was no basis for that claim other than that the unions, like over fifty other advocacy groups, had offered comments to the CDC. But it was blown up by Republican senators from a letter provided by a Republican dark money group. And then on to Fox and the eagerMs. Rodrigues.

Thus we shouldn’t be too surprised by a recent Media Matters study that showed that a number of the concerned parents featured on Fox News criticizing CRT are actually Republican political operatives. Quisha King, an African American woman billed by Fox News as an “everyday American” who is “Northeast Florida co-chair of Moms for Liberty” and “mom of two daughters” is also a GOP political consultant who worked for the Republican National Committee in 2020. Though Fox News billed Ms. Neily as a parent fighting against CRT in schools, Media Matters added that she “has spent her entire career working in and for libertarian and conservative political advocacy organizations and think tanks . . . .” PDE senior fellow Elizabeth Schultz was noted by Fox’s Dana Perino as a former Fairfax County, Virginia school board member. But she is also a former Trump appointee to the Department of Education, under Betsy DeVos. Before being defeated for re-election to the school board Schultz was known for opposing “‘expanding the school system’s sex-education curriculum to include lessons on gender identity and transgender issues’ and supporting armed teachers in classrooms.”

Charles Koch’s Pincer Movement

Far right groups like Parents Defending Education are new born but billionaire funded corporate education reform groups like Massachusetts Parents United and National Parents Union have been around a bit longer. Families for Excellent Schools was successful in New York until its 2016 Massachusetts charter school campaign was badly beaten, its dark money donors were ordered to be disclosed by the state’s Office of Campaign and Political Finance, and its CEO was fired after #MeToo allegations surfaced. These groups often present themselves as leaning liberal, non-partisan but vaguely Democratic, featuring spokespersons who are women of color, and advocating for their privatization policies as being pro-civil rights. National Parents Union even released a statement defending Critical Race Theory on May 21, but it seems to have dropped the topic since. Why then would Charles Koch, a likely source of support for the right wing groups, also be funding National Parents Union?

But he is, through his Charles Koch Institute, which is partnered with the Walton Family Foundation in a joint venture called the Vela Education Fund. Vela dropped $700,000 on NPU to promote home schooling. NPU then spread Vela funds around in grants for home schooling. As Casey Parks explained in The New Yorker these foundations “advocate ‘school choice’—rerouting money and families away from traditional public schools through such means as charter schools, which are publicly funded but privately managed, and vouchers, which allow public-education dollars to be put toward private-school tuition.” NPU had been launched by the Walton Family Foundation to help in the Waltons quest to undermine teachers unions. Recognizing the opportunity presented by closed schools Vela formed and wrote the $700,000 check even though NPUhad been in business only a few months. Vela has pursued other such opportunities including funding the far right Home School Legal Defense Association.

Coincidentally or not in 2017 the civil rights-proclaiming Ms. Rodrigues and the radical right Ms. Sanzi were partners in another venture named Planet Mom, which featured a podcast and proposed radio show. In her paid position at Education Post Ms. Sanzi wrote of Ms. Rodrigues “I consider her a partner in this work. And a friend.” It’s a small planet, after all.

The point is not Critical Race Theory, or charter schools, virtual schools, or home schools. The point is to undermine public education, keep taxes low, spread doubt of the efficacy of public goods, and demolish institutions like unions and local school communities that make demands on the Waltons and Kochs of the nation. It is, as Nancy MacLean has said, to put democracy in chains. Diverse-presenting National Parents Union and white backlash Parents Defending Education serve the same cause.

Whither We Are Tending and What to Do About It

I hope my colleagues in academia continue to speak out about the intellectual contributions of Critical Race Theory and the fine efforts of K-12 educators to provide the kind of schooling all our students need—open and honest about the nation’s race and history and our ongoing challenges, including corporate promoted white backlash.

On the other hand, don’t expect any engagement from Nicole Neily or the anti-CRT bard Christopher Rufo, who has helped spike this ridiculous campaign. In a triumphant appearance at the Claremont Institute, Rufo described his annoyance at scholars trying to bait him into a discussion of what CRT really means and proclaimed “I don’t give a shit about this stuff.” (Nine minute mark)

As Isaac Kamola has urged, start with follow the money and pursue that relentlessly. There’s a reason groups like PDE and NPU can’t come clean about their funding sources and amounts and that reason is that they know the public is suspicious of the Kochs and Waltons of the world and what’s more, the public and America’s billionaires are on a different page on policy issues.

These are corporate generated right wing attacks. Say it. Name names.

Come awake to the threat. Recognize what this is and that isn’t just about wokeness or even education but something else Koch and the Waltons can’t say out loud: to destroy the capacity of people to coalesce together and fight for a better life for themselves, a project that offends oligarchs ideologically and threatens their power and pocketbooks. They focus on educationbecause schools have been a fertile locale for white backlash but also a source of great progress, because teachers unions are a barrier to them, and because local community organizations defy them.

That means that teachers unions, school boards, superintendents, principals, lunch workers, school bus drivers, custodians, business, parents and students—everyone who serves their local school community—have to recognize that they need to fight together against this assault. In other words, join together to take action—exactly what the Waltons, Kochs, and other radical right billionaires fear.

And stand up for a real education for all our children, not the white(wash) backlash being promoted by phony AstroTurf fronts like Parents Defending Education. Remember, fronts are fronting for someone and in this case, fronting for radical right billionaires.

Money never sleeps. Follow the money.

Maurice T. Cunningham is recently retired as an associate professor at the University of Massachusetts at Boston and a union member. He is the author of the book Dark Money and the Politics of School Privatization, forthcoming in 2022.