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Florida: Educators Sue to Block Unsafe Reopening

By dianeravitch
July 20, 2020 //
25

This just in:

July 20, 2020
CONTACT: Joni Branch, (850) 201-3223 or (850) 544-7055

Florida educators file lawsuit to protect health and well-being of students, educators and communities

TALLAHASSEE — Along with educators and parents, the Florida Education Association (FEA) filed suit Monday against Gov. Ron DeSantis, Commissioner Richard Corcoran, the Florida Department of Education, the Florida State Board of Education and Miami-Dade County Mayor Carlos Gimenez to safeguard the health and welfare of public school students, educators and the community at large. The lawsuit intends to stop the reckless and unsafe reopening of public school campuses as coronavirus infections surge statewide.

“Gov. DeSantis needs a reality check, and we are attempting to provide one,” said FEA President Fedrick Ingram. “The governor needs to accept the reality of the situation here in Florida, where the virus is surging out of control. He needs to accept the evolving science. It now appears that kids 10 and older may pass along the coronavirus as easily as adults. Everyone wants schools to reopen, but we don’t want to begin in-person teaching, face an explosion of cases and sickness, then be forced to return to distance learning.

Florida’s Constitution demands that public schools be safe. Teachers and parents want our schools to meet that basic standard.”

Find the lawsuit online here: https://feaweb.org/wp-content/uploads/2020/07/Complaint-FINAL.pdf

The leaders of FEA’s national affiliates are fully in support of the suit.

American Federation of Teachers President Randi Weingarten:
“The push to physically reopen schools full time without any precautions or new resources, and, most importantly, amid a skyrocketing COVID-19 surge, ignores science, safety and basic humanity. Gov. Ron DeSantis’ order, as carried out by others, puts an entire generation of kids — as well as their families and their educators — at risk. As educators, we know in-person learning is what’s best for students. And while educators want to be back in the classroom, it is not possible when the state or a local region can’t ensure that schools won’t become hot spots for virus spread. That is why across this country, from red states like Texas to blue states like California, where cases are surging, elected officials are putting a pause on in-person reopening. They are leaving it to local control, which has previously been a celebrated, time-honored tradition in Florida.

“Further complicating getting our schools physically open again is the abject failure to date of both the president and the Senate to follow the House of Representatives’ lead to provide schools with the resources they need to fund safe reopening plans. Here in Florida, the governor has a constitutional obligation to make schools safe, and he’s failed. If he won’t look out for students’ and teachers’ best interests, we will.”

National Education Association President Lily Eskelsen García:

“No one wants to be back in the classroom with students more than educators, but we must do so only if we can ensure it is done in a safe way. Unfortunately, Gov. Ron DeSantis, like Donald Trump and Betsy DeVos, has no plan to solve the real issues facing public schools during a pandemic, and that’s a major concern to students, educators and parents. He needs to listen to health experts and educators to do this right — and not pressure school districts to rush to reopen putting students, educators and communities at risk. The coronavirus pandemic has exposed and exacerbated the inequities facing our most vulnerable students — particularly for Black, brown and students living in poverty. We must address these inequities now — not push for school reopenings that will harm those students the most — and that requires equitable tools and resources from the federal government, which has failed to act. Whether school buildings are open or not, educators are preparing to ensure all students have the best possible learning, and the Senate needs to do its job by passing the HEROES Act.”

About the lawsuit:

The FEA lawsuit has been filed in state circuit court in Miami, in the Eleventh Judicial Circuit of Florida. FEA is joined in the litigation by Broward teacher Stephanie Beth Miller; Ladera Royal, an educator in Orange County; and Mindy Festge, a teacher and parent in Miami-Dade County,

The lawsuit contends that ordering an unsafe return to onsite instruction at public schools is a violation of Florida’s Constitution, which requires the provision of a “safe” and “secure” schools, and requests a declaration that the state defendants’ actions and inactions are unconstitutional. In a second count, the suit seeks a declaration from the court that the state defendants are putting arbitrary and capricious demands on public schools through the education commissioner’s unfunded emergency order.

A third count in the suit seeks an order enjoining the state defendants, along with Mayor Gimenez, from forcing millions of students and educators to report to unsafe schools that should remain physically closed during the spike of the pandemic; ordering defendants to implement a meaningful online instruction plan with accessible internet connectivity and computers; ordering that before schools reopen they must have adequate personal protective equipment (PPE) and other supplies, reduced class sizes, social distancing, staffing, and school clinic capabilities in compliance with CDC guidelines and other health authorities.

Florida’s push to return students to classrooms comes as evidence grows that reopening while case numbers and test positivity rates remain high could lead to dire results — worsening the spead of the virus while endangering the lives of children, educators and communities at large.

Our state currently has more than 350,000 diagnosed cases of coronavirus and has been adding to that total by more than 10,000 cases per day, with test positivity rates averaging above 12 percent. Hospitals in areas such as Miami-Dade are overloaded with patients suffering from Covid-19. More than 5,000 deaths have been recorded statewide.

It is notable that countries that have successfully reopened schools without igniting an increase in cases, have done so after case levels were pushed to near zero and transmission rates were low. That is clearly not the case in the Sunshine State. Our situation might be better compared to that of Israel, where reopening saw cases resurge.

Meanwhile, the jury is out on the risk of long-term damage to children who contract the virus. Evidence mounts, however, that older students can spread the disease. A large new study from South Korea finds that kids between the ages of 10 and 19 can spread the virus at least as well as adults do.

Educators want to return to our schools and be with their students. Distance learning is not the preferred solution for our kids, but protecting the safety and well-being of students, educators and communities must be paramount to other concerns. Keeping kids and adults healthy should be our first goal.

Whether school buildings are open or not this fall, we need to ensure that we’re preparing to provide students with the best possible learning experience — meaning all students, whether they are Black, brown or white, have the tools and resources necessary to succeed.

And when students return, we must ensure they have better conditions for learning. The COVID-19 pandemic has exposed and exacerbated the inequities facing our most vulnerable students, in particular students of color and children living in poverty, and we must address these inequities now.

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Categories Accountability, Florida, Health, Safety, Science

No-Excuses Charter Chain Fires Principal for Caring About Children and Teachers

By dianeravitch
July 20, 2020 //
19

Emily Hoefling was principal of Leadership Prep Canarsie in Brooklyn, which is part of the Uncommon Schools charter chain. She was fired because she dared to express views that ran counter to the authoritarian culture of the chain.

Yes, she writes, it is an authoritarian regime, and it always was.

When she led a professional development session, she encouraged teachers to express their views. That was her first mistake. Their views conflicted with the company line, and she did no5 correct them. She was marched away, lectured, yelled at, and fired.

She writes:

Make no mistake about it, Uncommon Schools is an authoritarian organization from top to bottom. And dissent is dangerous for everyone — no matter your age and no matter your position.

As an Uncommon principal, I developed a reputation for being ‘unaligned to the mission’ of Uncommon Schools. And the iron fist that deals with ‘disobedient’ students and ‘difficult’ teachers is the same iron fist that deals with rebellious leaders.

Brett Peiser and Julie Jackson have not only designed and maintained the culture of Uncommon Schools, they have also created a system that will step on, silence, and erase anyone who dares to step out of line or tarnish the Uncommon brand.

Even after she was fired, she was threatened with legal action if she dared to write about what happened to her.

She did, so you should read what she wrote.

Categories Accountability, Charter Schools, Corporate Reformers, Cruelty, Discipline, Education Industry, New York City, Privatization

Los Angeles: Charter Operator Pleads Guilty to Stealing $3 Million

By dianeravitch
July 20, 2020 //
14

This just in from federal officials:

Department of Justice
U.S. Attorney’s Office
Central District of California
FOR IMMEDIATE RELEASE
Friday, July 17, 2020
Former Head of Community Preparatory Academy Admits Stealing Over $3 Million and Spending $220,000 on Disney Expenses

LOS ANGELES – Federal prosecutors today filed criminal theft and tax fraud charges against the former executive director of a charter school outfit who stole more than $3.1 million that should have been spent on school operations, but instead financed a lifestyle that included extravagant spending on Disney cruises and theme park admissions.

Janis Bucknor, 52, a resident of Baldwin Hills, who ran the for-profit Community Preparatory Academy (CPA) charter school and controlled several related entities, agreed to plead guilty to two felony offenses in a plea agreement also filed today in United States District Court. CPA operated two schools, one in Carson and one in South Los Angeles.

The case charges Bucknor with one count of theft, embezzlement and intentional misapplication of funds from an organization receiving federal funds, and one count of tax evasion for the tax year 2016. The court has yet to schedule any hearings in this matter.

Over the course of approximately 5½ years – from early 2014 through November 2019 – Bucknor stole a total of $3,168,346 from CPA, according to the most recent estimate of losses in the case. The amount of stolen funds is nearly one-third of all federal and state funding that went to CPA during the time.

In her plea agreement, Bucknor admitted using the stolen funds to pay for, among other things, personal travel, restaurants, Amazon and Etsy purchases, and private school tuition for her children. She also admitted spending about $220,614 on Disney cruise line vacations, theme park admissions and other Disney-related expenses.

The scheme began to unravel in February 2018, when “LAUSD-Charter School Division’s routine audit of CPA revealed that defendant used the CPA accounts for personal expenses, including unauthorized payments directly from some of the CPA accounts to Disney, Louis Vuitton, Girl Scouts, Ticketmaster, Uber, Baby Teeth Children’s Dentistry, Williams Sonoma, National American Miss pageants, and Forest Lawn Mortuaries, all of which were for defendant’s own personal and unauthorized use and benefit,” according to the plea agreement.

In relation to the tax evasion offense, Bucknor agreed to plead guilty to her 2016 taxes, but she admitted failing to pay the Internal Revenue Service $299,639 in taxes when she failed to report $1,322,254 in income for the tax years 2015 through 2018.

When she pleads guilty, Bucknor will face a statutory maximum sentence of 15 years in federal prison.

As part of the plea agreement, Bucknor has agreed to forfeit to the government her interest in three residential properties in South Los Angeles that were paid for with funds stolen from the charter school.

This case was investigated by the Los Angeles Unified School District’s Office of the Inspector General, the U.S. Department of Education Office of Inspector General, IRS Criminal Investigation, the United States Secret Service, and the United States Postal Inspection Service.

The criminal case is being prosecuted by Assistant United States Attorneys Katherine A. Rykken and Alexander C.K. Wyman of the Major Frauds Section. Assistant United States Attorneys Jonathan Galatzan and Katharine Schonbachler are handling the asset forfeiture part of the matter.

Categories Accountability, California, Charter Schools, Corruption, Education Industry, For-Profit, Los Angeles, Privatization

Peter Greene: Everything’s Made Up, and No One Is Behind

By dianeravitch
July 19, 2020 //
113

Peter Greene imparts some profundity in this post.

Are you afraid that your child is “falling behind”? Behind what? Who drew the line? Who made the rules?

This article contains wisdom. What’s teal and what’s a social construct? Which social constructs matter? Why?

It reminds me of the incredulous looks I get when I explain that standardized testing is a social construct, that it has errors in the questions, errors in the answers, even errors in the scoring. Some people think that children’s loves and fortunes should be determined by this social construct. Why?

Categories Accountability

Joe and Jill Biden Speak Out About Reopening Schools

By dianeravitch
July 19, 2020 //
29

This is an excellent message from the Bidens about reopening schools safely.

They say what most educators and parents say.

We want schools open but we want them open safely.

Job one: lower the infection rate in the community.

Job two: Make sure schools have the resources so that students and adults are safe.

Biden pledges to follow through on both.

Trump demands that schools open in a few weeks regardless of the pandemic, regardless of the inability to provide a safe building and smaller classes.

Vote for Biden.

Categories Accountability, Biden, Funding, Health, Safety

Andy Hargreaves: What Should Happen to Education Post-Pandemic?

By dianeravitch
July 18, 2020 //
14

Andy Hargreaves, a scholar of international renown, participated in a virtual seminar in South Korea about post-pandemic education.

His 20-minute presentation is brilliant, pithy, and compelling.

Look for it on this YouTube video. He starts at about 22:00 minutes and concludes at about the 43:00 minute mark.

He urges South Korea and the rest of the world not to “return” to austerity, competition, high-stakes testing, and education that is subservient to GDP, but to pursue a very different path.

To learn about that different and very alluring vision of the future, take 20 minutes of your time, watch and listen.

Categories Accountability, Citizenship, Competition, Creativity, Education Industry, Education Reform, Health, Hope, International, Privatization, Real Education, Students, Teachers, Technology, Testing

Stop Tax Breaks for the 1%. Fund Schools If You Want Them Open

By dianeravitch
July 17, 2020 //
11

Everyone wants schools to open but Congress and the Trump administration don’t want to pay for it. That cost includes reduced class sizes for social distancing, additional teachers, cleaning services, nurses, ventilation improvements, personal protective equipment, and whatever is recommended by CDC.

In places where the disease is out of control, reopening will not be possible. First control the disease, then reopen schools. Trump could start the process by wearing a mask in public, whenever he is in public. His refusal to do so has spread the virus by encouraging his admirers to do as he does, which violates the strong advice of medical professionals.

Where reopening is possible, Congress must foot the bill because the stayes’s coffers have been depleted by the economic toll of the pandemic.

Thus far, Congress has been generous to high-income individuals and employers, but stingy with the nation’s schools, as David Dayen of “The American Prospect” explains here. To see the links and open them, go to his post here.

Dayen writes:

As we head into crunch time on coronavirus relief, the demands coming from the White House threaten to upset the entire deal. Donald Trump remains obsessed with a payroll tax cut, which nobody in Congress, really, wants. Any payroll tax cut with any real impact on people—a three-month holiday would run around $300 billion—would cut deeply into the other White House demand for a relief bill topping out at no more than $1 trillion.

The proper amount of spending for this bill is “whatever it takes.” If you don’t like the cost, maybe you shouldn’t have completely botched the policy response such that major regions of the country have to shut down again. The same people whining about expense are the ones who drove the country into despair. The cost of a continued runaway virus is much higher than the cost of emergency measures to ensure millions of people have adequate food and shelter during this crisis.

But if you really, really must constrain the response, and you really, really must have this payroll tax cut, then I have an idea: get rid of all the other long-term tax cuts mostly targeted toward the rich, many of them passed in the very last coronavirus relief bill.

They don’t get much discussion but there were a host of tax provisions in the CARES Act, passed in March. In fact there was a payroll tax holiday, but for the employer side, not the employee. Not only can employers delay payroll taxes to next year, they can eliminate them if they retain employees. The two measures are estimated at about $66 billion, and the savings falls on the business.

A bigger tax break has been termed the “Millionaire’s Giveaway” by Americans for Tax Fairness. This $135 billion tax break allows people with partnerships or other structures to carry forward losses from previous years and offset gains in their taxes in future years. It only affects people making half a million dollars in income from the partnership or more. The same type of deduction for businesses costs another $25 billion; the oil and gas industry in particular has been using that one, converting their losses in recent years into corporate welfare checks. There’s also an interest deduction available to larger corporations ($13 billion). Certain aviation taxes were suspended ($4 billion); see if that shows up in a lower ticket fare.

Add it up and that’s $243 billion in tax giveaways to rich people and corporations in the CARES Act. If the White House wants a payroll tax cut it can come out of that. Most of the benefits from those changes don’t hit until next year and the payment of 2020 taxes, and beyond. It makes sense to pull up spending (tax breaks are spending through the tax code) to when it’s needed now.

The Heroes Act, the House Democratic bill, actually accomplished a form of this, by cancelling the Millionaire’s Giveaway permanently, as it was due under the Trump tax cuts to come back in 2026 anyway. That brings in $246 billion overall, according to the Joint Committee on Taxation, enough for a decent-sized payroll tax holiday.

And as long as we’re talking about the Trump tax cuts, we could eliminate the measures most tilted to the rich and powerful—the corporate tax cut, the S-corporation pass through for rich people who set up partnerships, the deducations for dividends on foreign earnings, and the inheritance tax cuts—and take in about $3 trillion. If the next relief bill simply has to be capped at $1 trillion, then you could do $4 trillion in spending and add these measures in and hit that number.

Again, I think it’d be ridiculous to offset anything for emergency relief. But playing by the rules set up by the White House isn’t an obstacle, thanks to the trillions of dollars in offsets Trump created with his tax law. There is also a case to be made that rebalancing the inequality baked into the tax code is good public policy anyway, and if it can facilitate critical crisis spending under the stupid strictures of straitjacket budget politics, all the better.

Unfortunately, Chuck Schumer is trying to leverage the new bill to get a tax cut for well-off people, particularly in his own state, by removing the cap on the state and local tax deduction imposed in the Trump tax cuts. That was also in the Heroes Act (albeit just a two-year suspension). There’s no need whatsoever for this kind of long-term help for people who itemize when the unemployed and the poor are in desperate trouble right now. Wealthy people don’t need another champion to engage in special pleading for them.

Categories Accountability, Economy, Funding, Health, Safety

McConnell Is Shaping a New Relief Bill—But Not for You

By dianeravitch
July 17, 2020 //
3

David Dayen of The American Prospect reports in his series “Unsanitized” that Mitch McConnell and Senate Republicans are hammering out a new coronavirus relief bill, but its main beneficiaries will be businesses and hospitals that want liability protection. Are you surprised?

There might be funding to help schools reopen but it will likely be too little and too late. It’s tough to plan an opening in late August or early September in the midst of a pandemic when the money to pay for health measures does not yet exist.

Categories Accountability, Funding, Health, Safety

Peter Greene: The Modern School Choice Movement Was Created by Southern Segregationists

By dianeravitch
July 17, 2020 //
14

Peter Greene read Steve Suitts’ book about the origins of the modern school choice movement—Overturning Brown— and highly recommends it.

Suitts demonstrates beyond doubt that the school choice movement was launched by southern segregationists to fight the Brown decision.

Standards were also used to sort students by race.

Greene writes:

These segregationists developed strategies and language that are strikingly familiar. Seven Southern states developed voucher programs, aimed mostly at creating three parallel systems of white, black and segregated schools. Various school choice programs were promoted without ever discussing segregation or even race, but by focusing on “freedom” and the necessity for parents to choose their own child’s educational setting. South Carolina’s governor argued that competition would help schools improve. Georgia enacted tuition tax credits, an early version of Betsy DeVos’s Education Freedom vouchers, in 1958. In 1964, a Mississippi defender of segregation stopped talking about “states’ rights” to segregate and started speaking out against the “monopoly” of “government schools.”

An early version of the standards movement, allowing states to sort students by supposed academic, behavior and cultural criteria, became a mechanism for maintaining segregation without actually talking about race, substituting rhetoric about “quality education.” An Alabama school leader explained, “Our primary interest is educating people basically of like learning capacities. We adopt a school system to meet their needs.” In other words, we’re not segregating the races; we’re just helping students find a school that best meets their needs. That was in 1972.

To find the roots of our current policies and the rebirth of segregation, read Undermining Brown.

Categories Accountability, Charter Schools, Education Industry, Privatization, Racism, Segregation, Vouchers

Candace Valenzuela Wins Her Race for Democratic Nomination for Congress in Texas!

By dianeravitch
July 16, 2020 //
7

Candace Valenzuela is one of the most inspiring candidates in the current election cycle. She won her primary in Texas on Tuesday.

Please watch her campaign commercial, in which she describes her difficult childhood, when she was homeless. What saved her was that she always had a “home” at school, where her teachers encouraged her. She went on to finish high school and college, to run for and win a seat on the local school board, and is now likely to become the first Afro-Latina in Congress if she wins in November.

If she makes it, she and Jamaal Bowman will be powerful and well-informed voices for public schools in Congress.

Categories Accountability, Texas
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