Archives for category: Accountability

No one is above the law! We are still a nation of laws. Separation of powers exists still.

The U.S. Supreme Court ruled that Trump must release his tax returns to prosecutors in New York who are investigating him.

David Savage of the Los Angeles Times writes:

The Supreme Court dealt President Trump a major defeat Thursday by rejecting his claims of presidential immunity and upholding subpoenas from New York prosecutors seeking his tax returns and financial records.

In one of the most anticipated rulings on presidential privilege in years, the justices by a 7-2 vote ruled the nation’s chief executive is not above the law and must comply with legitimate demands from a grand jury in New York that was investigating Trump’s alleged hush money payments to two women who claimed to have had sex with him.

Trump had sued to block the subpoenas and claimed that as president he had an “absolute immunity” from demands for personal or confidential information.

Chief Justice John G. Roberts Jr., writing for the majority, rejected Trump’s claim of immunity.

“We reaffirm that principle today and hold that the president is neither absolutely immune from state criminal subpoenas seeking his private papers nor entitled to a heightened standard of need.”

A decision on a similar subpoena from House investigators was expected to be issued by the court shortly in a separate opinion.

The election-year dispute had an obvious political significance, but it was also the rare separation of powers case in which the powers of the president, Congress and the judicial system were all at issue.

In past rulings on similar high-profile cases, the court had unanimously ruled that the president is not above the law, forcing President Nixon to hand over the Watergate tapes and President Clinton to be deposed in the Paula Jones harassment lawsuit.

Unlike other presidents since the Watergate era of the 1970s, Trump refused to disclose his tax returns and has kept secret the details of his business dealings. Investigators were particularly interested in whether Trump and his businesses were heavily indebted to foreign banks.

Trump said during the 2016 campaign he expected to release his tax returns, but then refused to do so.

Tulsa experienced a surge in new infections, and Tulsa health officials say that the Trump rally on June 20 was a likely cause.

Keep watch on the numbers in Arizona and South Dakota, where Trump held rallies, also Trump’s next stop, New Hampshire.

He is a Super Spreader. He is a one-man catastrophe.

In six weeks, the Republican National Convention will be held in Jacksonville, Florida. No social distancing. No requirement to wear masks. Lots of cheering and droplets in the air. Then delegates will fan out across the country, some bringing the disease home.

This is no way to fight a pandemic.

The US Supreme Court ruled today that teachers in religious schools are not protected by federal anti-discrimination law. Please note that Justice Alita says that the central mission of religious schools is to teach the faith, which is why so many object to public funding of religious schools. If religious schools take public money, are they still exempt from public laws that cover public schools?

David Savage wrote for the Los Angeles Times:

WASHINGTON — The Supreme Court on Wednesday restricted teachers who work at church-run schools from filing discrimination claims against their employers, ruling that the Constitution’s protection for religious liberty exempts church schools from state and federal anti-discrimination laws.

The justices, by a 7-2 vote, ruled that because two elementary school teachers at Catholic schools in Los Angeles County helped carry out the mission of teaching faith as part of their jobs, the schools are free to hire and fire them without concern for antidiscrimination laws.

The decision effectively closes the courthouse door to tens of thousands of teachers nationwide in religious and parochial schools who encounter workplace discrimination based on their gender, age, disability or sexual orientation that would otherwise be impermissible. It is also written broadly enough that it could include many other types of workers at the schools, such as counselors, nurses, coaches and office workers.

In the past, the Supreme Court has recognized an implied “ministerial exemption” that shields churches, synagogues or other religious bodies from being sued by priests, pastors and other ministers. The issue in the pair of cases from Southern California was whether that exemption extended more broadly to teachers in a church-run school whose primary duty was not necessarily religious instruction.

“The 1st Amendment protects the right of religious institutions to decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine,” Justice Samuel A. Alito Jr. wrote for the majority.

“The religious education and formation of students is the very reason for the existence of most private religious schools, and therefore the selection and supervision of the teachers upon whom the schools rely to do this work lie at the core of their mission,” he continued. “Judicial review of the way in which religious schools discharge those responsibilities would undermine the independence of religious institutions in a way that the 1st Amendment does not tolerate.”

Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented.

Kristen Biel was a fifth-grade teacher at St. James School in Torrance whose teaching contract was canceled shortly after she told the principal she had been diagnosed with breast cancer. She later sued under the Americans with Disabilities Act, which protects employees from discrimination based solely on a disease like cancer. She died last year, but her husband, Darryl Biel, has maintained the suit.

Agnes Morrissey-Berru had taught fifth grade at Our Lady of Guadalupe in Hermosa Beach for decades when the principal suggested she may want to retire. She refused, and her teaching contract was not renewed. She then sued, alleging age discrimination.

Lawyers for the Catholic Archdiocese said the suits should be dismissed, citing the ministerial exception recognized by the high court. Two federal district judges agreed, but the 9th Circuit Court cleared both suits to proceed, ruling that neither teacher was a religious leader at school.

In dissent, Sotomayor called the court’s ruling “simplistic” because it allows a church to decide which of its employees are central to its religious mission and therefore not covered by antidiscrimination laws.

“That stretches the law and logic past their breaking points,” she said. “The court’s conclusion portends grave consequences.
Thousands of Catholic teachers may lose employment-law protections because of today’s outcome. Other sources tally over a hundred thousand secular teachers whose rights are at risk. And that says nothing of the rights of countless coaches, camp counselors, nurses, social-service workers, in-house lawyers, media-relations personnel, and many others who work for religious institutions. All these employees could be subject to discrimination for reasons completely irrelevant to their employers’ religious tenets.”

Jeff Bryant noticed and documented a worrisome new trend: Charter operators are taking advantage of the pandemic to open new charter schools in suburban districts with good public schools.

Public school parents have spoken out, as he shows, because they understand that new charters will drain money from their good public schools and weaken them.

Because reopening public schools in the coming school year will be fraught with unprecedented challenges, experts say, and education budgets may get cut to the bone, news of charter school startups and expansions will undoubtedly spark heated opposition from public school parents and teachers, even in well-to-do suburban communities, like Wake County, that may have been insulated from the financial costs of school choice in the past.

“[These parents and public school advocates] should expect charter schools to drain financial resources from their communities’ public schools,” Preston Green told me in a phone call.

Green, a University of Connecticut professor, is the author of numerous critical studies of charter schools, including one in which he argued that the charter industry’s operations resemble the business practices of Enron, the mammoth energy corporation that collapsed under a weight of debt and scandal.

As evidence, Green sent me an email citing a 2018 study of five non-urban, North Carolina school districts. The study determined that these non-urban districts lost about $4,000 to $6,000 for every student enrolled in a charter school.

Green said that because controversial charter schools have so far been less widespread in the suburbs compared to inner-city communities such as Chicago, Philadelphia, and Detroit, it’s likely that many suburban parents who previously were unfamiliar with the fiscal impacts of charter schools will increasingly express concerns about seeing new charter schools popping up in their communities.

“This fiscal impact is concerning,” Green explained, “because public schools have fixed costs, such as facilities and administration, that cannot be cut very easily.”

I have posted reports of individual charter schools that received hundreds of thousands of dollars, even millions of dollars, from the federal Paycheck Protection Program. These charters claimed to be small businesses, not public schools, which were not eligible to get PPP money. Until two days ago, Treasury Secretary Steven Mnuchin refused to release the names of those who asked for PPP money.

Now the list is out, and it will take a long time to analyze it because 650,000 applicants received federal funding from this program.

Some charters and charter advocates have already been identified on the PPP list. The grants awarded are not exact. They are in a range. I present here the upper limit of the range. I don’t know why the exact amount was not reported. That’s not like the federal government.

KIPP: 19 different KIPP applicants received up to a total of $58 million

National Alliance for Public Charter Schools received an amount in a range up to $1 million.

The California Charter Schools Association received an amount in a range up to $2 million.

The pro-charter, pro-voucher Center for Education Reform received up to $350,000.

The National Association of Charter School Authorizers collected up to $1 million

The handsomely funded Thomas B Fordham Foundation collected up to $1 million (when I was on the board in 2009, the TBF Institute had about $40 million in assets and has since received many grants from Gates and other foundations to promote privatization and Common Core).

It may take weeks to produce a full accounting of the coronavirus funds collected by the charter industry, its lobbyists, its advocacy groups, and its schools.

However, we do have a report for one state, Arizona.

Educator and author Curtis Cardine reviewed the PPP grants to private schools in Arizona and produced this list:

Charter Schools
1. Sonoran Schools, $1 to $2 million.
2. Success Schools, $1 to $2 million.
3. Acorn Montessori Charter School $350,000 to $1 million.
4. Arizona Autism Charter Schools, $350,000 to $1 million.
5. Arizona Montessori Charter School at Anthem, $350,000 to $1 million.
6. Ball Charter Schools (Dobson), $350,000 to $1 million.
7. Ball Charter Schools (Hearn), $350,000 to $1 million.
8. Candeo Schools, Inc., $350,000 to $1 million.
9. Career Success Schools, $350,000 to $1 million.
10. Challenge School, Inc., $350,000 to $1 million.
11. Desert Garden Montessori School Inc., $350,000 to $1 million.
12. FitKids Charter School, $350,000 to $1 million.
13. Franklin Phonetic Primary School, $350,000 to $1 million.
14. International Commerce Secondary Schools Inc., $350,000 to $1 million.
15. International School of Arizona Inc., $350,000 to $1 million.
16. Keystone Montessori Charter School, $350,000 to $1 million.
17. LEAD Charter Schools, $350,000 to $1 million.
18. Legacy Traditional School, Peoria, $350,000 to $1 million.
19. Legacy Traditional School, East Mesa, $350,000 to $1 million.
20. Legacy Traditional School, Gilbert, $350,000 to $1 million.
21. Legacy Traditional School, North Chandler, $350,000 to $1 million.
22. Legacy Traditional School, Laveen, $350,000 to $1 million.
23. Legacy Traditional School, Goodyear, $150,000 to $350,000.
24. Liberty Traditional Charter School, $350,000 to $1 million.
25. Liberty Traditional Charter School, Inc, $350,000 to $1 million.
26. Legacy Traditional Schools – Nevada Inc., $2 to $5 million. This is the same company that runs Legacy in Arizona.
27. Mohave Accelerated Elementary School Inc, $350,000 to $1 million.
28. Noah Webster Schools – Pima, $350,000 to $1 million.
29. Noah Webster Schools-Mesa, $350,000 to $1 million.
30. Paradise Valley Christian School, $350,000 to $1 million.
31. Prescott Valley Charter School, $350,000 to $1 million.
32. Verde Valley School, $350,000 to $1 million.
33. Ball Charter Schools (Val Vista), $150,000 to $350,000.
34. Bright Beginnings School, Inc., $150,000 to $350,000.
35. CAFA Charter School, Lp, $150,000 to $350,000.
36. Concordia Charter School Inc, $150,000 to $350,000.
37. Crown Charter School, Inc., $150,000 to $350,000.
38. Desert Star Community School, $150,000 to $350,000.
39. E-Institute Charter High School, $150,000 to $350,000.
40. Eastpointe High School Inc. $150,000 to $350,000.
41. Incito Schools, $150,000 to $350,000.
42. Midtown Primary School, $150,000 to $350,000.
43. Milestones Charter School, $150,000 to $350,000.
44. Montessori Day School, Inc, $150,000 to $350,000.
45. Montessori International School, Inc., $150,000 to $350,000.
46. Mountain School, Inc, $150,000 to $350,000.
47. New Horizon School for The Performing Arts, $150,000 to $350,000.
48. North Star Charter School Inc, $150,000 to $350,000.
49. Park View School, Inc., $150,000 to $350,000.
50. Phoenix Advantage Charter School, $150,000 to $350,000.
51. Sedona Charter School, Inc., $150,000 to $350,000.
52. Synergy Public School, $150,000 to $350,000.
53. The Edge School Inc., $150,000 to $350,000.
54. The Excalibur Charter School, Inc., $150,000 to $350,000.
55. Tucson International School Inc., $150,000 to $350,000.
56. Twenty First Century Charter Schools Inc., $150,000 to $350,000.

Religiously Affiliated
1. Gilbert Christian Schools, $1 to $2 million.
2. Northwest Christian School, $1 to $2 million.
3. Notre Dame Preparatory Roman Catholic High School, $1 to $2 million.
4. Valley Christian Schools, $1 to $2 million.
5. Bourgade Roman Catholic High School Phoenix, $350,000 to $1 million.
6. Desert Christian Schools Inc., $350,000 to $1 million.
7. Joy Christian School, $350,000 to $1 million.
8. Phoenix Christian Unified Schools, Inc., $350,000 to $1 million.
9. Seton Roman Catholic High School Chandler, $350,000 to $1 million.
10. St Augustine Catholic High School, $350,000 to $1 million.
11. St Mary’s Roman Catholic High School, $350,000 to $1 million.
12. The Gregory School, $350,000 to $1 million.
13. Trinity Lutheran Church And School, $350,000 to $1 million.
14. Ascension Lutheran Church And School, $150,000 to $350,000.
15. Valley Lutheran High School Association, $350,000 to $1 million
16. Yuma Catholic High School, $350,000 to $1 million.
17. El Dorado Private School, $150,000 to $350,000.
18. Imago Dei Middle School, $150,000 to $350,000.
19. Lourdes Catholic School, $150,000 to $350,000.
20. Phoenix Christian School Society, Inc., $150,000 to $350,000.
21. Salpointe Catholic High School, $1 to $2 million.

Private Schools
1. The Orme School, $350,000 to $1 million.
2. Arizona School Of Integrative Studies llc, $150,000 to $350,000.
3. A Castlehill Management, Llc. Dba Castlehill Country Day School, $150,000 to $350,000.
4. Kriskat Investments, Llc Dba Primrose School Of Ahwatukee, $150,000 to $350,000. https://start.cortera.com/company/research/k9q8pxn1m/kriskat-investments-llc/
5. Lake Pleasant School 2 Llc, $150,000 to $350,000.
6. Lake Pleasant School Llc, $150,000 to $350,000
7. Lexis Preparatory School Llc, $150,000 to $350,000
8. Bayer Private School, $150,000 to $350,000.
9. Summit School of Ahwatukee, $350,000 to $1 million.

Perhaps you could do the same for your state.

The Paycheck Protection Program was indeed a bonanza for charters and other private schools. Charters had the advantage of collecting public funds as “public schools” and then collecting again as “small businesses.”

Carl J. Petersen, writer and public school parent in Los Angeles, writes here about a Los Angeles charter schools that took millions from the federal Paycheck Protection Plan, then laid off employees anyway.

The purpose of PPP was to help small businesses and to ensure that they did not fire employees because they couldn’t afford to pay them. But charter schools, which had suffered no economic harm, cashed in on the program…because they could.

Petersen writes:

With unemployment rates reaching levels unseen since the Great Depression due to the problems caused by the failed response to COVID-19, every dollar from the Payroll Protection Program (PPP) should be going towards helping small businesses survive. Unfortunately, the charter school industry found a way to double-dip into the government trough to supplement the money they are diverting from public schools with funds from this program.

Despite acknowledging that they could be taking money away from small businesses that needed it to survive the crisis, the governing board of Palisades Charter High School voted last month to accept a $4.606 million dollar loan from the PPP. They admitted at the time that they did not have an immediate need for the money and they failed to articulate a plan to spend the money or to pay it back. They simply felt that it was important to “get the money while the getting’s good.” Discussion of the moral and financial costs of receiving this money was swept aside.

Ignoring the reason for their $4,606,000 windfall, the governing board of Pali voted this month to lay off five members of their staff and reduce the hours for 18 other employees. Even as students throughout the country struggle to transition to distance learning, these cuts included an IT Tech assigned to helping parents, students and teachers navigate the technology needed in this new learning environment. They also eliminated a Tutoring Center Coordinator whom a member of the public and a board member credited with “helping hundreds of kids pass classes and graduate from Pali during e-learning”. A Library Media Technician, Copy Clerk, and Office Assistant will also join the unemployment line in 60 days.

The federal government should “claw back” the wasted $4.6 million.

Tomorrow night, Andre Perry and I will talk about his new book Know Your Price: Valuing Black Lives and Property in America’s Black Lives in a ZOOM discussion sponsored by the Network for Public Education. We can accommodate only 100 people, so please sign up early. If you don’t get into the first 100, the discussion will be live-streamed on NPE’s Facebook page and archived on its website.

Andre Perry was a charter school leader in New Orleans. He has since rethought the impact of charter schools on children, families, teachers, and communities.

I look forward to meeting him, virtually, and talking about what he learned. I hope you will sign up and join us.

Andre Perry writes, in a piece co-published by the Hechinger Report:

Defunding the police won’t mean much if we keep defunding schools that serve Black children and allowing a school choice movement rooted in anti-Blackness to thrive

A national uprising for racial justice and a pandemic killing disproportionately more Black people have made the call to action clear: We must dismantle the structures that generate racial disparities. Education activists have joined that call by demanding that districts defund police in schools. School boards are listening. The Los Angeles Board of Education last week voted to cut funding to its school police force by 35 percent, amounting to a $25 million reduction.

Calls to defund the police, whether in schools or in our cities, are just one part of what must become a larger movement to end taxpayer funding for institutions that are anti-Black at their core. But as millions of protestors across the country call for monies to be redirected from police to institutions that propel economic and social growth, democracy and unity, school choice advocates are holding fast to their sordid legacy of defunding already under-resourced traditional public schools that serve Black children.

Last week choice advocates won a legal battle that is out of step with the current march toward racial justice and democracy.

On June 30, the U.S. Supreme Court ruled in Espinoza v. Montana Department of Revenue that a program that grants tax credits to “those who donate to organizations that award scholarships for private school tuition” cannot prohibit families from using such scholarships for tuition at private religious schools. The scholarship tax credits were passed by the Montana legislature in 2015, but the program was effectively modified a year later when Montana’s Department of Revenue barred the scholarships from being used at religiously affiliated institutions. In support of its decision, the department cited the Montana Constitution’s Blaine Amendment, which prohibits the state from allocating public dollars to any school “controlled in whole or in part by any church, sect, or denomination.” Kendra Espinoza and two other parents took the state to court; the case eventually reached the Supreme Court.

In a 5-4 decision, the Court’s conservative majority found that barring religious organizations from a “public benefit” was unconstitutional. “A state need not subsidize private education,” Chief Justice John Roberts wrote for the majority. “But once a state decides to do so, it cannot disqualify some private schools solely because they are religious.”

There are several states with similar tax credit programs; this ruling could open the door to more religious schools accessing state dollars from voucher-like programs

The Black Lives Matter uprising should turn its sights to these states.

Voucher programs have largely failed at delivering better educational outcomes, and they prevent us from removing the barriers that stand in the way of quality for public schools. By diverting tax revenue and students away from school districts, states remove much-needed dollars that support a vital necessity of neighborhoods and society: public schools in which people of different religions, ethnicities, sexual orientations, socioeconomic classes and genders can learn basic national principles of justice, fairness, tolerance and the common good. Vouchers support private institutions which do not have to make room for this kind of inclusion.

Public schools are not the problem. Racism is. Parents don’t need escape hatches; we need states to remove the structures that inhibit public school districts that serve Black and Brown children.

Voucher advocates use the words “choice,” “freedom” and “liberty” to promote their programs, but their use of these words is as fraudulent as that of the slave owners who signed the U.S. Constitution. The original supporters of vouchers were unabashed in proclaiming that the sole reason for these grant programs was to maintain racial segregation. After the landmark 1954 Brown v. Board of Education decision struck down “separate but equal” educational systems, various state governments used public funds to facilitate the choice of many white people to send their children to private schools.

Shortly after the Brown decision was announced, Virginia Gov. Thomas Stanley was of one of many white leaders to look for a work-around. Thomas established a 32-member Commission on Public Education to study the effects of the Supreme Court decision and make recommendations that would, in essence, nullify the Court’s ruling. The group, known as the Gray Commission after its chair, state Sen. Garland Gray, met its mandate.

The Gray Commission’s 1955 Report to the Governor argued that “compulsory integration should be resisted by all proper means in our power.” It included suggestions such as using public funds to “prevent enforced integration by providing for the payment of tuition grants for the education of those children whose parents object to their attendance at mixed schools.” Across the South, many families chose private segregation academies, many faith-based, moving resources away from local districts. Ever since, choice movements in this country have been tied and rooted to anti-Blackness.

Combined with racist housing policies, the concept of school choice has often been a weapon against Black people’s pursuit of quality and justice in public schooling. The collective choice of the majority of white Americans to opt out of integrated school systems, by sending their kids to private schools or by drawing district maps that continue racial and socio-economic segregation in the suburbs or exurbs, has resulted in $23 billion less funding for schools predominated by people of color than for majority white schools.

Even charter schools, many launched as a way to better serve Black children, have been used as a tool for segregation or have been strategically concentrated in Black districts to defund traditional district schools. Many charters embedded racist disciplinary practices that helped drive the school to prison pipeline.

Just last week, the nation’s largest charter chain, KIPP, jettisoned its iconic slogan, “Work hard, be nice,” which it acknowledged “diminishes the significant effort required to dismantle systemic racism, places value on being compliant and submissive, supports the illusion of meritocracy, and does not align with our vision of students being free to create the future that they want.”

Voucher advocates, on the other hand, have celebrated the Supreme Court’s decision and doubled down on rhetoric around choice that fails to recognize the need for the communal good provided by public education and that is short on any acknowledgement that the promotion of individualism has hurt public schools that Black students attend. Choice advocates will say that Black parents should have the same options as white families, but they do not concede the cost of white choices on Black schools — and democracy itself. While public systems should not eclipse individual rights or needs, institutions like public schools that benefit the common good facilitate individual growth and societal stability. Exclusion, which private schools inherently facilitate, has distorted how people view public institutions. Private doesn’t mean better — for students or society. Filtering out students isn’t a reform we should be adopting.

At the precipice of change, we have an opportunity to do more than create escape hatches. We can actually get at the sources of inequality — anti-Black policies and practices within supposedly democratic systems. We don’t know what kind of choices traditional districts serving a majority of Black students could offer, because states have underfunded them for decades. White Americans who wave the banner of choice are promoting racism and getting in the way of real educational reform. And choice is blocking equity in public schools.

Andre Perry is a fellow at the Brookings Institution and author of “Know Your Price: Valuing Black Lives and Property in America’s Black Cities.”

This story about vouchers was produced by The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education. Sign up for Hechinger’s newsletter.

Peter Goodman is a long-time observer of education politics in New York State and New York City.

In this post, he asks a reasonable question: Why, at a time of fiscal stringency and uncertainty, is the Board of Regents of New York State rubber-stamping the expansion of charter schools?

Charter schools, as he shows, cherry-pick their students to inflate their test scores. Despite state law, their doors are not open to all.

He writes:

If you look at charter school data virtually every charter school enrolls fewer than the “comparable” percentages required in the law. The reason is abundantly clear, students with disabilities and English language learners frequently have lower standardized test scores, impact the charter renewal process and are more costly to educate, i.e., lower class size = more teachers.

The Buffalo charter was out of compliance with state law. Why did the Board of Regents approve a five-year renewal of a charter in Buffalo when the Regent from Buffalo proposed a three-year renewal? Buffalo schools face a large deficit, but its charters are on track to take $108 million out of the city’s public budget.

Why did the Board of Regents approve the renewal of a low-performing charter school in the Bronx?

Goodman writes:

Later in the [Regents’] meeting three New York City charter schools were on the agenda, one of the schools wanted to add high school grades; although there is a moratorium on the creation of new charter schools State Ed staff interpreted the law as allowing grade expansion, in my opinion, an attempt to circumvent the law and should have not been allowed by the state.

The math scores in the school were in the “far below standard” category, ninety percent of teachers were “teaching out of their certification area,” the state average is eleven percent and the register in the sixth, seventh and eighth grade, was sharply reduced, from 71 (6th grade), to 46 (7th grade) and 29 (8th grade): what happened to the kids? In addition the school SWD and ELL students are far below the district averages.

Why did the NYC Department of Education approve the application? Why did the SED approve the application?

The school has a lobbyist who was a college roommate of Assembly Speaker Carl Heastie. I’m sure that’s only a coincidence. btw, who paid the lobbyist?

In spite of objections from some Regents members the SED lawyer bundled all three schools together instead of decoupling and voting separately.

Regent Cashin made a motion: a moratorium on approval of new charters and the grade expansion of existing charter schools for the remainder of the COVID emergency. She explained that with sharp cuts in district budgets, with districts facing layoffs and disruptions, to transfer money from public schools budgets to charter school budgets was unconscionable. The SED lawyer ruled her motion was “out of order.”

Any member of the Board can make a motion at any time. The Board should vote on whether to place the motion on the agenda. The Board “owns” the motion, not the lawyer, who is not a Board member.

If the lawyer meant the motion was not “germane” he was still wrong. If he was serving as a parliamentarian he gives advice to the chair, he does not participate in the debate, or make determinate decisions.

The whole business had what Goodman called “a noxious aroma,” a polite way of saying that the Regents’ rush to approve charters of dubious quality in the midst of a fiscal crisis stinks to high heaven.

Why incentivize privately run charters to divert funding and the students of their choice from the public schools.

Why are the Regents betraying the state’s public schools?

That noxious aroma is the smell that is released when politics seeps into decisions about school funding. Someone’s friends are being taken care of, at the expense of the public schools.

KIPP is the largest charter chain in the nation. It grew thanks to the generosity of the Walton Foundation, the Fisher Family Foundation (the Gap, Old Navy, etc.), other billionaire funders, and huge grants from the U.S. Department of Education’s Charter School Program (thanks, Betsy DeVos).

KIPP’s slogan was “Work Hard, Be Nice.” Jay Mathews wrote a laudatory book about KIPP with that title. It implied submissiveness as the path to success. KIPP was one of the original “no excuses” chains.

The KIPP team brought students to perform at the Republican National Convention in 2000 that nominated George W. Bush. It became clear that KIPP was a darling of the right. What did Republicans like so much about KIPP? Was it implicit in their slogan?

Michael Klonsky reports that KIPP has decided to drop its famous slogan.

In a world turned upside-down and right-side-up by the Black Lives Matter Movement, a new slogan was needed.

KIPP has not yet found a new slogan.

Any suggestions?

In this post, experienced teacher Mark Weber (aka Jersey Jazzman) explains “How Schools Work” and the practical problems that will arise if and when schools open during a pandemic.

Even if schools get all the money they need (which is far from certain), there will still be the issues he raises.

Even if schools get all of the money they need, and staff show remarkable ingenuity and creativity, there are some basic, inconvenient truths we need to face about how schools work before we claim we can reopen safely this fall. So, in no particular order:

– Children, especially young children, cannot be expected to stay six feet away from everyone else during an entire school day. Sorry, even if a school has the room, it’s just not going to happen. One adult can’t keep eyes on a couple/few dozen children every second of every hour of every day to ensure they don’t drift into each others’ spaces. You certainly can’t do that and teach. And you can’t expect children to self-police. Young children are simply not developmentally able to remind themselves over seven hours not to get near each other.

– Children cannot be expected to wear masks of any kind for the duration of a school day. At some point, the mask has to come off; even adult medical professionals take breaks. And anyone who’s worked with young children knows they will play with their masks and not even realize they’re doing it. It’s simply unrealistic to expect otherwise.

– The typical American school cannot accommodate social distancing of their student population for the duration of the school day. Schools were designed for efficiency, which means crowded hallways and tight classrooms. Schools are expected to foster student and teacher interactions, which means close quarters. Expecting every students and staff member to maintain a 3 foot bubble* around themselves is not realistic given the way most school buildings are laid out.

– School staff do not generally have isolated spaces in their workplaces where they can stay when not working with children. I don’t have an office; I have a classroom. I’m only by myself when the kids leave… but everything they breathed on and touched and coughed on stays. I’m not an epidemiologist so I don’t know exactly what the consequences of this are, but I suspect it matters.

– School buses cannot easily accommodate social distancing, nor can they easily adjust to accommodate staggered school sessions. School buses aren’t as big as you remember (when’s the last time you were on one?). Social distancing is the last thing school bus engineers had in mind when designing the things. In addition: school districts often stagger the times of bus routes, usually by grade level, to get all the kids to school (this is why high school often starts much earlier than elementary school). If you go to split shifts, you are conceivably expanding a bus’s routes from, say, 6 to 12.** Unless you greatly expand the school day and pay a lot more for busing staff, it’s not going to work.

– Like every other workforce, school staff have many people who have preconditions that make them susceptible to becoming critically ill when exposed to Covid-19. The big worry I keep reading about is age — but that’s just the start. Three-fourths of the school workforce are women, and many are in their childbearing years; are we prepared to have pregnant teachers working? What about teachers who think they might be pregnant? And then all the pre-existing conditions…

– Schools are only one part of the childcare system in this country. The big worry seems to be that if we don’t get kids to school, parents can’t get back to work. But for many (most?) parents, the school day only covers part of the work day. Before- and after-school programs are a big part of the childcare system. Are we going to be able to enforce all the same restrictions on children during these hours that we will during the school day?

– Unsupervised adolescents cannot be expected to socially distance outside of the school day if schools are reopened. If we’ve got adults showing up at bars without masks in the middle of a frightening peak in Covid-19 cases, what do you think teenagers are going to do when school’s done for the day? Especially if we leave them at home, unsupervised, learning remotely while their parents work?

– Teachers are trained and experienced within an area of certification; moving them out of that area will lead to less effective instruction. When you become a teacher, you get a certification — maybe even two or three — in a particular area. Each certification requires coursework, and often a placement as a student teacher, in that area. A secondary math teacher, for example, has to study math at a certain level, and then learn how to teach it. You can’t expect a kindergartner teacher who’s been trained in early childhood education to do that job — and vice versa.***

– Even within an area of certification, moving teachers on short notice to a new subject or grade will lead to less effective instruction. How hard can it be to move from teaching 4th Grade to 3rd? More than you’d think. Every grade has its own curriculum, materials, assessments, etc. Teachers spend years developing lessons that often can’t be transferred to another grade level or subject; a choir teacher, for example, can’t just take her lessons over to the school band, even if she is a great music teacher. Expecting teachers to move quickly between grades or within areas and not face a learning curve defies common sense.

There is more. Open the link and keep reading.