Archives for category: Accountability

The commentators at NBC and MSNBC are furious that NBC top brass hired Ronna Romney McDaniel as a paid commentator for the network. Presumably, the executives thought it would broaden their audience to bring on someone who had led the Republican National Committee for the past eight years.

They now face an internal rebellion. As Dan Rather explains on his blog Steady, prominent newscasters at NBC were apoplectic. The commentators at MSNBC—where Trump is despised—were assured that they did not have to invite her onto their programs.

Last night, I watched MSNBC, and every commentator lashed out against the hire. Joy Reid, Jen Psaki, Rachel Maddow, and Laurence O’Donnell expressed their outrage. They did not care that she was a Republican. They did not care that she was a conservative. They cared that she was an election denier and a liar. She did whatever Trump wanted, and he booted her anyway. She was actively involved in the fake electors scheme in Michigan. She even dropped her middle name (Romney) to please Trump. She lacks integrity. She insulted the media, as Trump did. As Jen Psaki said, she is not honest.

Dan Rather shared their views:

Journalism Lesson #1 for 2024:

The mainstream media should not normalize Donald Trump’s behavior, nor should they give a platform to his lies or those of his sycophants, who for years have spread disastrous untruths that may have irreparably damaged our nation.

But in one fell swoop, NBC News has managed to do both. By hiring former Republican National Committee chief Ronna McDaniel, NBC has given credence and legitimacy to a Republican who has been in lockstep with the lies, helping spread plenty of the former president’s falsehoods. Allowing McDaniel to be in the same area code as NBC News is a huge mistake and will only further shred the small amount of trust Americans still have in the mainstream media. I don’t blame journalists at NBC. They have long been some of the finest in the business. But one wonders what the hell executives at the network were thinking.

Before she sold her soul, Ronna McDaniel was considered Republican royalty. She’s the granddaughter of George Romney, former GOP governor of Michigan, and niece of Senator Mitt Romney, former Republican presidential nominee and former governor of Massachusetts. She has been the chair of the RNC since the day Donald Trump took office in 2017. And she has been loyal to him at all costs, especially the truth.

During her tenure, she was a prolific fundraiser yet oversaw the net losses of Republican governorships and congressional seats. But her biggest claim to fame during her seven years on the job is that she was a Trump supporter, loyalist, and apologist above all else.

One could argue that this is the role of the head of a political party: to support the highest-ranking member of said party. Yes, that is typically true. But McDaniel spent years repeating Trump’s disinformation, making cases for his lies and paying his legal bills. Here are just a few of her misdeeds:

  • Told CNN’s Chris Wallace of Joe Biden’s election win, “I don’t think he won it fair.”
  • Characterized the January 6 insurrection as “legitimate political discourse.”
  • Orchestrated the censure of Representatives Liz Cheney and Adam Kinzinger, the two Republican January 6 Committee members.
  • Encouraged Michigan canvassers not to certify the 2020 election results, promising them lawyers.
  • Took part in Trump’s scheme to assemble fake electors.
  • Refused to condemn QAnon to George Stephanopoulos on ABC News.
  • Mocked Senator John Fetterman and President Biden for speech impediments.
  • Warned that those Republicans who didn’t embrace Trump’s policies “will be making a mistake.”

McDaniel made her NBC News debut on this Sunday’s “Meet the Press.” At the top of the broadcast, host Kristen Welker disclosed McDaniel’s new role. She said, “This interview was scheduled weeks before it was announced that McDaniel would become a paid NBC News contributor. This will be a news interview, and I was not involved in her hiring.”

During the interview, McDaniel defended her time as chair with what may be the quote of the year. “When you’re the RNC chair, you kind of take one for the whole team. Now I get to be a little bit more myself, right?”

No, Ms. McDaniel, you don’t get to have it both ways. The truth does not change depending on who signs your paycheck. Whom are we supposed to believe, your RNC or NBC self?

McDaniel walked back some of her more outrageous statements, sort of. As of yesterday, she now admits that Joe Biden won the election “fair and square.” However, she continued to insist there were issues with the election. When pushed, she mentioned the huge increase in mail-in ballots in Pennsylvania and suggested voter fraud. Reminder: No significant fraud of any kind was found in any state in the 2020 election.

In defending their hire, NBC News’s Carrie Budoff Brown, senior vice president of politics, said, “It couldn’t be a more important moment to have a voice like Ronna’s on the team.”

Many on the NBC team vehemently disagreed. “We weren’t asked our opinion of the hiring, but, if we were, we would have strongly objected to it for several reasons,” Joe Scarborough, the “Morning Joe” co-host, said at the top of the broadcast Monday. Mika Brzezinski added, “We hope NBC will reconsider its decision. It goes without saying that she will not be a guest on ‘Morning Joe’ in her capacity as a paid contributor.”

Chuck Todd, NBC’s chief political analyst, could barely contain his anger and disbelief on “Meet the Press.”. “She [McDaniel] wants us to believe that she was speaking for the RNC when the RNC was paying for it. So she has — she has credibility issues that she still has to deal with. Is she speaking for herself or is she speaking on behalf of who’s paying her?”

He continued, “There’s a reason why there’s a lot of journalists at NBC News who are uncomfortable with this because many of our professional dealings with the RNC over the last six years have been met with gaslighting, have been met with character assassination.”

Now we come to the why. Why would NBC News hire someone as controversial as Ronna McDaniel? 

News gathering is a business, as unfortunate as that is. As a business, it needs to make money. In television news, more viewers equals more money. So news organizations feel they need to appeal to the broadest spectrum of viewers possible. We will exempt Fox, which calls itself a news organization but is more of a propaganda outfit for the GOP.  

The mainstream middle is a much more crowded field that is bombarded by accusations of bias and liberalism. So they feel the need to show their Republican bona fides by hiring conservative voices.

But that is the crux of the problem. Which Republicans? Trump loyalists who are election deniers and January 6 apologists? Never-Trumpers who are as likely to appeal to many Republican viewers as progressives? How do they represent the political right without alienating their loyal viewers and their correspondents? These are the new political realities ushered in by Donald Trump. And another reason independent journalism is essential right now, essential to provide unvarnished coverage in one of the most important elections in American history and to hold the mainstream media accountable.

Since the state put Mike Mikes (ex-military, Broadie, briefly Superintendent of Dallas ISD) in charge of the Houston Independent School District, Miles has cemented his reputation as a leader who issues orders and doesn’t listen to critics. It’s his way or Mr get out. Many teachers and principals have left rather than comply with his scripted curriculum and mandates.

But, says the Houston Chronicle editorial board, he actually listened and put on hold his intention to fire dozens of principals, including some from Houston’s best schools. It’s worth pausing to remember that the state took control of the entire district because one high school (disproportionately enrolling students with disabilities, ELLs, and high needs) posted low test scores for several consecutive years. Rather than focus on helping that school, the state placed the entire district under the thumb of an autocrat and know-it-all.

Miles is testing out the proposition that the way to “fix” education is by standardization, mandates, data, rigid worship of test scores, and one-man control.

The editorial says:

Late this week, the state-appointed superintendent of Houston ISD did something many thought impossible: he listened.

It took several protests, community outcry and some three hours of overwhelmingly negative public comment during Thursday’s school board meeting, but Mike Miles seems to have heard the message.

The uproar began with the leaked release of a list of 117 principals the district said weren’t performing well enough yet to secure their spot for next year. Several of the principals at top-rated schools were on the list. Parents and students from those campuses showed up in force. Early Friday morning, with the meeting still plodding along, Miles announced that he and the board of managers changed course and said they wouldn’t make any adverse employment decisions this year based off of these proficiency screenings, which broadly measure student achievement with a variety of test data, quality of instruction gathered during spot observations and professionalism judged by a rubric that includes how well principals reinforce “district culture and philosophy.” But, he made clear, he would still use the more comprehensive principal evaluation system approved last fall to make those decisions at the end of the school year.

Miles told us the next day he’d already gotten some emails from anxious community members “saying thank you” for the decision late last week.

“I’m proud of the board who worked so hard to listen,” Miles added.

We’re glad to see Miles pay attention to optics for once. No matter how good his intentions, his reforms won’t succeed long-term without community buy-in. That said, we’re struggling to see how Miles changed his overarching approach on principal evaluations.

Miles never planned to can those 117 principals — in fact, he expected the overwhelming majority of them would return — based on the proficiency screenings but the handful who were already deemed unsatisfactory don’t seem to suddenly be in a different position as best we can tell. Miles insisted those few failing principals not getting asked back didn’t just fail the proficiency screening and that the decision to let them go was based on other input.

“We were looking at all the data for them,” he told us.

And the principals who were told they need to improve, aren’t really in a different position either.

In practice, then, very little seems to have changed for the campus leaders who will still be judged on some of the same metrics, including spot reviews by the district’s so-called independent review teams. Instead, he said the decision was meant to allay some community confusion and ease some anxiety about principal turnover, something he’d been trying to combat since the leaked list was published by the Chronicle ahead of spring break on March 8.

“People have made it a bigger deal than it is,” Miles insisted when he met with the editorial board Wednesday ahead of the school board meeting. “You keep your job if you’re an effective principal,” he said, adding that he expects the majority, at least 80 percent, of the principals to return next year.

What Miles didn’t seem to grasp until he heard from a whole new set of angry parents — not the “usual suspects” who have protested the state takeover from the outset — was how nonsensical his list appeared.

Some of the schools aren’t just top-ranked in the district but in the country. Carnegie. HSPVA. T.H. Rogers. If people had doubts before about Miles’ priorities and evaluation criteria, the inclusion of these high-achieving campuses heightened them. It’s possible a high-performing school can still have a weak leader, just as it’s possible that a low-performing school can have a great one. But the list begged the question.

“You start to wonder what he is evaluating,” a parent with a student at Carnegie told us outside the State of the District event Thursday. She said the school’s principal, long-time veteran Ramon Moss, is an integral piece of the school’s success. 

“He’ll be the first to tell you that the success of the school is due to the teachers and students and community even though his leadership is a big reason why the community is there,” she said.  

Miles has declined to talk about specific campuses and what landed them on the list. So while this decision might relieve some momentary angst, it doesn’t address the lingering doubts about whether the district’s measures of quality instruction and effectiveness are so narrow they fail to recognize the best educators, a concern that extends well beyond the star campuses.

This principal evaluation chaos is just the latest example of a breakdown of communication and trust.

We don’t disagree with the idea of evaluations or consistent standards across the district. It’s entirely possible that an overall A rating at a campus masks concerning disparities. Or that high-achieving campuses don’t show a ton of growth on standardized tests over the course of a school year.

What concerns us about the entire saga of the principal list is how, whether it’s intentional or not, Miles contributes to fear and uncertainty. He hasn’t effectively communicated his vision to the public or to the people tasked with carrying it out, despite his copious slideshows and sincere efforts to clear up the confusion over principals with follow-up press conferences, statements and even interviews with this board.

Last week, Miles and team showed greater sensitivity to the environment. It’s a good start. But they should make more effort to respond to the substance of the criticisms and not just the volume of them.

It has always been a goal of the billionaires who fund privatization to block accountability and democracy. Eli Broad once memorably said that he prefers to invest in districts under mayoral control so he doesn’t have to deal with the public. The public asks questions and wants to know who is making decisions about their children’s education. So much simpler to have one person to handle problems.

The charter school lobby has persistently fought public oversight and accountability. They are more than willing, even eager, to take public money. But they don’t like public officials asking questions about how the money was spent.

The big battle over public oversight is happening right now in Colorado. All the major right wing groups—the Koch machine, ALEC, Philip Anschutz (producer of “Waiting for Superman”) are there, battling against public schools.

On March 7, three Colorado legislators introduced a charter school accountability bill to establish improved guidelines for authorizing and renewing charter schools by local school districts. The bill would strengthen the authority that elected school boards have regarding their governance of charter schools, and it also provides citizens with expanded information about the operations of charter schools in their districts. 

According to its backers and public education advocacy groups, this is the first major legislation to prescribe more charter school accountability since the first Charter Schools Act was passed in 1993. Current state legislation often limits local control over the charter school approval process, funding requirements, and waivers from state legislation. Given that nearly two-thirds of the state’s 64 counties experienced an “absolute decline in the under-18 population over the last decade,” the charter school accountability bill would empower local school boards to address the overall enrollment needs of the district. While charter schools primarily utilize taxpayer dollars for their funding, many charter schools allow private interests to invest in their growth and development, which can create potential conflicts of interest.

Pro-charter school organizations don’t agree with this legislative effort to increase accountability as they believe this bill would “kill” charter schools. Republicans have been especially vocal in their opposition to this bill, even though the bill promotes increased local control over charter schools. The pro-charter organizations hired over 30 lobbyists to oppose the bill. Lobbying can be expensive, but the organizations opposing the bill have connections to several billionaire-funded foundations. 

The largest lobbying team hired to oppose the bill works for Americans for Prosperity, a conservative organization funded by the Koch network, whose goal is  to “destabilize and abolish public education.”American for Prosperity has been active in Colorado for years promoting vouchers and education savings accounts for families to use for any school of their choice. Last January, AFP joined with the American Legislative Exchange Council and the Heritage Foundation to form the Education Freedom Alliance, an organization that ALEC initiated to promote parents’ rights to use public money to attend a private, charter, home or public school of their choice. Funded with nearly $80 million primarily from the Koch Industries, the Americans for Prosperity political action group has also supported far-right candidates for decades.

American for Prosperity and Advance Colorado issued a press release on X stating the bill would “mark the beginning of the end of charter schools in Colorado,” and together, the two groups “would work overtime to make sure the bill was soundly defeated.” According to the Colorado Times Recorder, Advance Colorado is a conservative dark money group said to be funded by billionaire Phil Anschutz. Formerly known as Unite Colorado, Advance Colorado has “given over $17 million to support major Republican political groups and efforts in Colorado.” Colorado Dawnanother dark money group headed by State Board of Education member Steve Durham and Colorado state Sen. Paul Lundeen,  gave millions to Ready Colorado, which also has lobbyists opposing this bill.

Besides Americans for Prosperity and Ready Colorado,  these organizations have enlisted their lobbyists to defeat the billColorado Succeeds, the Colorado Children’s Campaign, Transform Education Now, Colorado League of Charter Schools ActionEducation Alliance of Colorado, and Education Reform Now Advocacy. Several of these organizations have access to deep pockets of money, and often the donors are not known. 

Colorado Succeeds, the Colorado League of Charter Schools, and Transform Education Now have received over $20 million from the Walton Family Foundation, which has given over $400 million to charter schools for decadesEducation Reform Now Advocacy is closely connected to Democrats for Education Reform, “which was started by Wall Street hedge fund managers,” according to Ballotpedia. Colorado Politics stated that “various reports say Education Reform Now has taken in millions from Rupert Murdoch and the Walton Family Foundation.” The Education Reform Now money also benefited the campaign coffers of 14 Democratic legislators, which may create a hurdle for the charter bill’s passage unless these legislators decide the bill’s merits warrant their support. 

The upcoming lobbying effort in Colorado’s legislature is not unique, as similar high-paid lobbying efforts occur wherever there is significant charter school legislation. In Nashville, a local news reporter exposed who 67 pro-charter lobbyists worked for during legislative hearings on several charter bills in 2022. In the video that accompanied his report, Phil Williams highlighted the direct connections that the pro-charter lobbyists have with billionaires. His investigative report documented that “Americans for Prosperity is linked to billionaire Charles Koch,” and they also “received funding from billionaire Bill Gates and the Walton family of Walmart fame.”  

As in Tennessee, the Colorado lobbyists will meet frequently with legislators to convince them this bill is not necessary. The legislators will need to weigh the benefits of the bill with the concerns of those who participate in a massive letter-writing campaign initiated by the lobbying organizations to oppose the legislation. The bill’s backers hope this will be the legislators’ opportunity to update 30-year-old legislation and begin to ensure increased local control and accountability for the millions of taxpayer dollars that fund the charter schools educating 15% of the state’s K-12 student population.

The editorial board of Cleveland.com and the Plain-Dealer were taken aback by the facts reported about vouchers by their reporter Laura Hancock (posted in previous time slot). The Ohio legislature expanded vouchers so almost every family is eligible, even if they never sent their child to public school. The editorial board believed that vouchers were supposed to help poor kids escape low-performing schools, and they urge the legislature to return to the original purpose.

What is disappointing about this editorial is that it fails to recognize that the original purpose of vouchers has already proven to be a disaster. In the only statewide evaluation of vouchers, sponsored by the choice-friendly Thomas B. Fordham Institute, poor children who took vouchers fell even farther behind their peers in the public schools they left. (See summary, on p. 7, concluding that students who left public schools for voucher schools performed worse than if they had remained in their public school).

This finding—that voucher students who leave public schools perform worse—has been replicated in every voucher program. Voucher students don’t go to elite private schools. Typically they go to voucher schools that do not have certified teachers and that are allowed to discriminate on any grounds.

Voucher scholar Josh Cowen of Michigan State University has assembled the powerful negative effects of vouchers on kids who transfer from public schools. The results in Ohio are the worst.

I wish the editorial board of Cleveland.com and the Plain-Dealer had seen these data before they wrote the following editorial. The facts are in: Vouchers don’t help poor kids who leave struggling public schools.

The editorialists wrote:

Last June, when the Ohio House passed Amended Substitute House Bill 33, the two-year state budget, sending it to Gov. Mike DeWine’s desk for his signature, House Majority leadership celebrated the “landmark” expansion of EdChoice school vouchers, loosening income caps to make voucher benefits available to all Ohio families.

“Along with funding public education, the budget makes a landmark investment in school choice with a universal voucher program,” the statement from House Republican leadership said. “This program is designed to safeguard lower-income families and offers options beyond traditional public schools. By expanding access to vouchers, Ohio ensures parents can make the best decisions for their children’s education.”

But data from implementation of this “landmark investment in school choice … designed to safeguard lower-income families” suggest it did very little to provide school choice or to help low-income families.

Instead, parents in affluent communities like Rocky River, Westlake and Bay Village with kids already in private and parochial schools appear to have taken immediate advantage of the new eligibility rules. Families of four up to 450% of poverty levels (that is, earning up to $135,000 a year) now qualify for full taxpayer-funded vouchers, and those making more money qualify for partial vouchers.

Ohio’s legislature, to be true to its stated school-choice motive, should rewrite the rules to guarantee that this money goes to children in underperforming schools, possibly relying on state report cards to set the standard.

Cleveland.com’s Laura Hancock looked at before-and-after numbers and found that students on EdChoice vouchers shot up from 16 to 309 in the Rocky River school district; 41 to 581 in Westlake; and 13 to 229 in Bay Village.

Hancock then compared public-school enrollment trends to judge if this was primarily a move out of public schools, or a subsidy for kids already in private and parochial schools.

The evidence points strongly to the latter. Rocky River public school enrollment dropped by only 22 students, not 309. Bay Village enrollment dropped by 30 students, not 229. Westlake schools recorded 19 fewer students this year compared with last academic year — not 581. Similar patterns were seen in other affluent school districts, from Strongsville and North Royalton to Brecksville-Broadview Heights.

By contrast, in the Cleveland public schools, where more than 8,000 students now get school vouchers through the much-older Cleveland school voucher program, which dates to 1996, those on EdChoice vouchers increased only slightly, from 9 to 28.

In even more impoverished East Cleveland, EdChoice recipients dropped from 12 last academic year to less than 10 this year.

And the money is now almost gone.

“The legislature budgeted $397.8 million for EdChoice-Expansion this year,” Hancock reports. “As of Feb. 26, the state had spent $387.5 million.”

Advocates of the universal voucher program suggested to Hancock that, as word gets out, more people will use the vouchers as intended next school year, to switch from low-performing public schools to a private or parochial option.

But it seems unlikely those now on the EdChoice expansion vouchers would be displaced to make room for lower-income students.

In other words, lacking conscious, targeted efforts to make sure low-income Ohioans in poor-performing schools primarily benefited, Ohio’s EdChoice expansion as implemented was not the school-choice program Statehouse leaders promised.

The data suggest instead it became just a big taxpayer subsidy for those students already in private schools.

That should outrage every Ohio taxpayer — and every parent of students in struggling districts who were supposed to benefit.

Also raising red flags were the absence of reciprocal obligations on the part of private and parochial schools taking these taxpayer-funded vouchers to show they are a higher-quality alternative to public schools.

The lack of transparency and data-reporting guardrails forces parents making “school choice” for academic reasons, rather than out of religious or other motivations, to blindly assume that a private or parochial school is the best choice, without actual data on educational performance.

This is particularly troubling given Ohio’s history of funding for-profit charter schools without such guardrails. That’s how the now-shuttered Electronic Classroom of Tomorrow managed to make off with $117 million in wrongly paid taxpayer funds, based on a 2022 state audit — mostly for falsely reporting students ECOT never had.

The General Assembly needs to revisit its universal vouchers program to ensure that this nearly $400 million in Ohio taxpayer money is buying true school choice as promised for students mired in poor-performing public schools who most need quality alternatives.

Laura Hancock wrote at Cleveland.com about the expansion of Ohio’s voucher program. The state now offers a voucher to everyone, but most vouchers are claimed by students who never attended public schools.

COLUMBUS, Ohio – The number of Cuyahoga County students receiving state-funded scholarships to attend private schools has skyrocketed this year after state lawmakers expanded a voucher program, but state data suggests that doesn’t necessarily mean more kids have opted out of public schools.

Across the county’s 31 districts, the number of students receiving tuition payments in the EdChoice-Expansion scholarship  one of five school voucher programs run by the state, and the one lawmakers expanded over the summer to give at least partial tuition payments to families of all income levels— has increased nearly four-fold, from about 2,500 students last year to nearly 9,200 this year.

Those districts, however, have not seen a corresponding loss in student population, indicating that most of the families newly benefitting from the vouchers were already enrolled in private schools, rather than fleeing a school district besieged by violence or bullying, mediocre test scores or other problems.

The data cut against arguments lawmakers and advocates have made over the years that vouchers are necessary to give families a chance to choose private schools over the public school district where they live.

In Rocky River, EdChoice-Expansion scholarships were nearly 20 times higher on Feb. 1 than last year. In Bay Village, they increased 17 times. Westlake’s increase is 14 times higher, according to an analysis of state data by The Plain Dealer / cleveland.com.

The number of students across Ohio who are attending private schools on state-funded scholarships spiked this year because the legislature — in the two-year budget bill signed by Gov. Mike DeWine — removed income eligibility caps for EdChoice-Expansion. Last year, the cap was 250% of the federal poverty level for a scholarship, or $75,000 for a family of four. Now, there are no income caps, although families only get partial scholarships when they earn above 450% of the poverty level, or above $135,000 for a family of four.

Full scholarship amounts are $6,167 for grades K-8 and $8,407 for grades K-12.

Enrollment losses in Cuyahoga County district classrooms, however, are more modest than the jump in private school vouchers. State data shows that families that live in the boundaries of suburban district schools— some of which are among the best performing in the state — but may have never set foot in a public school now are receiving vouchers.

Enrollment in Rocky River City School District fell by just 22 students between last year and this year, even though the number of kids receiving vouchers shot up from 16 to 309. In Bay Village City School District, there are 30 fewer students, despite a voucher jump from 13 to 229. Westlake City School District has 19 fewer students; vouchers in the district spiked from 41 to 581.

In the Cleveland Metropolitan School District, the number of kids receiving EdChoice Expansion vouchers increased from nine to 28 this year, a miniscule number compared against its student population of more than 32,000. But students in Cleveland also are eligible for the Cleveland Scholarship, which has no income caps, and is the oldest in the state, having been established in 1995. As of Feb. 26, there were 8,218 students in the Cleveland Scholarship program.

Open the link to finish the article.

Following a vigorous debate on the blog about the Supreme Court’s decision to reverse Colorado‘a disqualification of Trump from the ballot, our reader Democracy reviews the article in The Atlantic by Laurence Tribe and Michael Luttig. (It is available on The Atlantic website for a free trial.)

Democracy writes:

I don’t know who titled the piece by Luttig and Tribe in The Atlantic, but I thought it was both brilliant and accurate. The title:

“Supreme Betrayal”

These are some of the most compelling passages in the article:

“What ought to have been, as a matter of the Constitution’s design and purpose, the climax of the struggle for the survival of America’s democracy and the rule of law instead turned out to be its nadir, delivered by a Court unwilling to perform its duty to interpret the Constitution as written. Desperate to assuage the growing sense that it is but a political instrument, the Court instead cemented that image into history. It did so at what could be the most perilous constitutional and political moment in our country’s history, when the nation and the Constitution needed the Court most—to adjudicate not the politics of law, but the law of the politics that is poisoning the lifeblood of America.”

Bam!

“As the extraordinary array of amicus briefs filed in Trump v. Anderson made clear, the voluminous historical scholarship exploring the origins of the disqualification clause and its intended operation left no genuine doubt that the Colorado Supreme Court got it exactly right in its decision explaining why the former president was ineligible to ‘hold any office, civil or military, under the United States,’ certainly including the presidency.

The Colorado Supreme Court entered into some extensive fact-finding in declaring Trump an insurrectionist. None of those facts has been questioned, even at the Supreme Court, where the justices just tiptoed around the factual issues and pretended they didn’t exist. Oh, but they did:

https://www.usatoday.com/picture-gallery/news/nation/2021/01/07/front-pages-capture-chaos-riots-us-capitol/6577931002/

Back to Luttig and Tribe, and the three “liberal” justices:

“For Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson—who wrote a separate concurrence that in parts read more like a dissent—we can only surmise that any discomfort they felt was outweighed by the extra-constitutional allure of going along with the other justices on the decision’s bottom line and thus enabling the nation’s electorate to work its will, rather than the Constitution’s. Those three justices took the opportunity to distance themselves from at least part of what the Court’s majority did by criticizing its ‘attempts to insulate all alleged insurrectionists from future challenges to their holding federal office.’ Sotomayor, Kagan, and Jackson convincingly dispatched as ‘inadequately supported as they are gratuitous’ the majority’s unnecessary holdings that only Congress can enforce the disqualification clause and that Congress’s implementing legislation must satisfy the majority’s made-up insistence upon ‘congruence and proportionality.’ Those three justices left in tatters much that all the other justices, with the exception of Amy Coney Barrett, wrote about the operation of the disqualification clause against federal officeholders, making plain that the majority’s ‘musings’ simply cannot be reconciled with the Fourteenth Amendment’s language, structure, and history.”

Luttig and Tribe note clearly that there were two “majorities” in this case. There was the 9-0 majority, that some commenters here cling to, and there was the 5-4 majority that went w-a-y too far in insulating Trump from disqualification even though he IS an insurrectionist. And that 9-0 majority? Luttig and Tribe state that the step “that all nine justices took represents a constitutionally unforgivable departure from the fundamental truth of our republic that ‘no man is above the law.’ ”

And that Colorado decision?

“… the week-long trial by the Colorado state court, which had indisputable jurisdiction to consider the matter, undoubtedly more than satisfied the constitutional requirements for disqualifying the former president under Section 3. At that trial, he was afforded every opportunity to defend himself against the charge that he had personally ‘engaged’ in an ‘insurrection or rebellion’ against the Constitution. Not a single justice suggested that the process was less than what the former president was due. That trial ended in a finding by ‘clear and convincing evidence’ that he had not only engaged in that insurrection but had orchestrated the entire months-long effort to obstruct the joint session’s official proceeding, preventing the peaceful transfer of power for the first time in American history. Not a single justice suggested that a more stringent standard of proof was required or that the courts below applied an insufficiently rigorous definition of insurrection. No justice suggested that the First Amendment or anything else in the Constitution shielded the former president from the reach of Section 3.”

And yet they shielded him.

Luttig and Tribe conclude with this:

“Our highest court dramatically and dangerously betrayed its obligation to enforce what once was the Constitution’s safety net for America’s democracy. The Supreme Court has now rendered that safety net a dead letter, effectively rescinding it as if it had never been enacted.”

I’m curious. Is there anyone commenting on this blog who genuinely believes that Trump is NOT an insurrectionist?

Laurence H. Tribe, the eminent professor of constitutional law at Harvard Law School (Democrat), and Judge Michael Luttig, a retired federal judge (Republican), co-authored a lengthy article in The Atlantic, condemning the U.S. Supreme Court’s decision to overrule the Colorado Supreme Court, which removed Trump from the 2024 ballot.

It seemed, after the Court’s decision, that Section 3 of the Fourteenth Amendnent had been excised from the Constitution. But just yesterday the Supreme Court rejected an appeal by a New Mexico man who was convicted for taking part in the January 6 insurrection.

Couy Griffin was convicted for his role as a member of the mob that stormed the U.S. Capitol. Because he previously served as a member of the Otero County board of commissioners, the courts in New Mexico said he was ineligible to hold office ever again. Griffin was a founder of Cowboys for Trump and an outspoken purveyor of lies about election fraud.

The Supreme Court concluded that states could disqualify persons from attempting to hold state offices, but Congress had to enact legislation to implement the disqualification of federal officials.

Since Congress is unlikely to muster a majority of both Houses—or 60 votes in the Senate to avoid a filibuster—oath-breaking insurrectionists will not be barred from seeking or holding federal offices.

One good thing: the Griffin decision implicitly agreed that the mob action of January 6 was an insurrection.

Last week, before the Griffin decision, Tribe and Littig wrote in The Atlantic:

The Supreme Court of the United States did a grave disservice to both the Constitution and the nation in Trump v. Anderson.

In a stunning disfigurement of the Fourteenth Amendment, the Court impressed upon it an ahistorical misinterpretation that defies both its plain text and its original meaning. Despite disagreement within the Court that led to a 5–4 split among the justices over momentous but tangential issues that it had no need to reach in order to resolve the controversy before it, the Court was disappointingly unanimous in permitting oath-breaking insurrectionists, including former President Donald Trump, to return to power. In doing so, all nine justices denied “We the People” the very power that those who wrote and ratified the Fourteenth Amendment presciently secured to us to save the republic from future insurrectionists—reflecting a lesson hard-learned from the devastation wrought by the Civil War.

For a century and a half before the Court’s decision, Section 3 of the Fourteenth Amendment was the Constitution’s safety net for America’s democracy, promising to automatically disqualify from public office all oath-breaking insurrectionists against the Constitution, deeming them too dangerous to entrust with power unless supermajorities of both houses of Congress formally remove their disability. This provision has been mistakenly described by some as “undemocratic” because it limits who may be elected to particular positions of power. But disqualification is not what is antidemocratic; rather, it is the insurrection that is antidemocratic, as the Constitution emphatically tells us.

In any event, all qualifications for office set by the Constitution limit who may be elected to particular positions of power. And no other of these disqualifications requires congressional legislation to become operative, as the Court now insists this one does. To be sure, the other qualifications—age, residence, natural-born citizenship—appear outside the Fourteenth Amendment, whose fifth section specifically makes congressional action to enforce its provisions available. But no such action is needed to enforce the rights secured to individuals by Section 1 of the same amendment, so deeming congressional action necessary to enforce Section 3 creates a constitutional anomaly in this case that the majority could not and did not explain. For that matter, no other provision of the other two Reconstruction amendments requires congressional enforcement either. As the concurring justices explained, the majority “simply [created] a special rule for the insurrection disability in Section 3.”

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Justice Ruth Bader Ginsberg’s adult children objected to the selection of people chosen to receive an award named for her. The five honorees included four men, although Justice Ginsberg wanted the award to be bestowed on women who had made outstanding contributions.

The New York Times reported:

When Justice Ruth Bader Ginsburg, a champion of liberal causes whose advocacy of women’s rights catapulted her to pop culture fame, helped establish a leadership award in 2019, she said she intended to celebrate “women who exemplify human qualities of empathy and humility.”

But this year, four of the recipients are men, including Elon Musk, the tech entrepreneur who frequently lobs tirades at perceived critics; Rupert Murdoch, the business magnate whose empire gave rise to conservative media; and Michael Milken, the face of corporate greed in the 1980s who served nearly two years in prison. It has prompted family members and close colleagues of Justice Ginsburg to demand that her name be removed from the honor, commonly called the R.B.G. Award.

In a statement, her daughter, Jane C. Ginsburg, a law professor at Columbia University, said the choice of winners this year was “an affront to the memory of our mother.”

“The justice’s family wish to make clear that they do not support using their mother’s name to celebrate this year’s slate of awardees, and that the justice’s family has no affiliation with and does not endorse these awards,” Ms. Ginsburg said….

In the past, the award was called the Ruth Bader Ginsburg Woman of Leadership Award. This year, the award will be bestowed by the Dwight D. Opperman Foundation on one woman and four men. The foundation said it wanted to honor gender equality.

The recipients, who also include the businesswoman Martha Stewart and the actor Sylvester Stallone, will receive the Justice Ruth Bader Ginsburg Leadership Award in April at the Library of Congress, where there is typically a ceremony and gala…

Reflecting on the awards, Justice Ginsburg’s son pointed to the timing of the announcement.

“Today would have been Mom’s 91st birthday,” said James S. Ginsburg, the founder of Cedille Records, a classical music recording company. “So it would be a perfect day to correct the record on this insult to her name and legacy.”

Journalist and former teacher Nora de la Cour writes in Jacobin about the Red State attacks on public schools, the schools that enroll 90% of America’s children.

She writes:

A new report ranks US states in terms of how well their legislatures are protecting public schools and the students who attend them. From expanding charters to launching illiberal attacks on kids and families, a worrying number of states failed the test.

State legislatures play an enormous role in making public school systems functional and safe. (SDI Productions / Getty Images)

On February 8, sixteen-year-old nonbinary sophomore Nex Benedict died of causes that have yet to be explained to the public. The day before, Nex had told a police officer they were beaten by three schoolmates in a bathroom at their Oklahoma high school. Sue Benedict, Nex’s grandmother and adoptive parent, told the Independent that Nex suffered from identity-based bullying, beginning shortly after Oklahoma governor Kevin Stitt signed a lawforcing trans students to use bathrooms that match the sex listed on their birth certificates.

In addition to the bathroom ban, Stitt has signed several other laws targeting trans youth. There are currently fifty-four other anti-LGBTQ bills before the Oklahoma legislature. While the exact cause of Nex’s death remains unverified, it’s clear that the violence preceding it occurred in an increasingly hostile environment for LGBTQ youth in the state of Oklahoma.

According to the American Medical Association and the National Institutes of Healthbathroom bans put vulnerable kids at risk for serious harm. And even when anti-LGBTQ laws don’t pass, researchindicates that young people are adversely affected by proposed legislation that puts their safety and humanity up for debate, fueling a climate of tension and suspicion which can exacerbate bullying behavior and mental health issues. Per 2019 data, majorities of LGBTQ kids have experienced harassment or bullying in school, leading to increased absences and potentially dire long-term consequences. But LGBTQ students in schools with LGBTQ-inclusive curriculum and policies are more likely to feel safe and report that their peers accept them.

In other words, adults — from educators to social media personalities to lawmakers — set a tone that appears to be highly determinative of whether school is a place where kids like Nex can safely be themselves.

This pattern is hardly restricted to LGBTQ issues. State-level legislation shapes the societies in which kids live and schools operate. For this reason “Public Schooling in America,” the latest data-packed national report card from the Network for Public Education (NPE), focuses on the extent to which each state legislature protects young people, both in and out of public school systems.

While the previous two NPE report cards have focused primarily on school privatization, this one goes further, connecting the dots between seemingly distinct attacks on public schooling that are advancing as part of the push for Christian nationalism: charter and voucher expansion, publicly funded homeschooling, defunding of public schools, and illiberal restrictions on kids and educators.

Using a points system based on how statehouses treat the above topics, NPE awarded “A” grades to five states, both red and blue, that demonstrate a strong commitment to students and democratically governed public schools: 1) North Dakota, 2) Connecticut, 3) Vermont, 4) Illinois, and 5) Nebraska. Seventeen states — all but two of which are governed by a Republican trifecta— earned “F” grades. The poorest scoring of these “F” states will come as no surprise to anyone paying attention to school privatization or the anti-LGBTQ laws curtailing kids’ and educators’ rights: 47) Arkansas, 48) North Carolina, 49) Utah, 50) Arizona, and 51) Florida.

Ultimately the report underscores a critical point: while schools are directly tasked with prioritizing child well-being and student safety, they don’t perform these duties in a vacuum. State legislatures play an enormous role in making public school systems functional and safe — or, in many cases, severely undermining them.

Privatization: Vouchers and Charters

Vouchers, which subtract taxpayer dollars from public education and turn them over to privately operated schools and service providers (including for-profit and religious schools), have notched considerable statehouse wins in recent years. In 2023 alone, seven states launched new voucher plans, while others made existing programs available to wealthy families who have never sent their kids to public schools.

Significantly, while voucher programs’ costs to taxpayers have mushroomed since 2000, bathing state budgets in red ink, overall private school enrollment actually decreased from 11.38 percent in 1999 to 9.97 percent in 2021. That’s because vouchers are mostpopular among privileged parents whose kids were already attending private schools. These privatization schemes may be propping up academically impoverished religious schools, but they are not incentivizing an exodus from public education.

Vouchers take various forms, including traditional vouchers or tuition grants, tuition tax-credit scholarship programs (TTCs), and education savings accounts (ESAs), which turn large sums of public money over to parents with virtually no strings attached. With all vouchers, and ESAs in particular, there are few or no safeguards to prevent fraud or ensure that kids are actually learning core subjects.

Vouchers are a preferred tool of religious extremists seeking state-funded Christian education, but most state constitutions have clauses prohibiting public funding of religious institutions. ESAs and TTCs are designed to evade these restrictions by funding families rather than schools (ESAs), or allowing people to donate to private school scholarships instead of paying their taxes (TTCs). Generally speaking, voucher-funded private schooling is rife with discrimination that would be illegal in public school systems. A 2023 report by the Education Voters of Pennsylvania, for example, found that 100 percent of surveyed voucher schools have policies that overtly discriminate against kids based on LGBTQ identity, disability status, academic ability, religion, pregnancy or abortion history, or other factors.

Vouchers have made splashier headlines than charter schools of late, as Republicans abandon the decades-old bipartisan education reform truce. But Christian nationalists have also been using charter schools to press their agenda, with a significant increase in right-wing “faith-friendly,” “classical,” or “back-to-basics” charter schools (and at least one officially religious church-run charter school on track to open in Oklahoma). Another in-depth report from NPE documents this rise, noting that these charter schools, which market themselves to conservative white families, are nearly twice as likely to be run by for-profit corporations as the charter sector at large.

The growth of online charter schools, which have terrible academic track records, and charter schools run for a profit has continued apace. Thirty-five states allow for-profit corporations to manage nonprofit charter schools, and in six states (Arizona, Florida, Michigan, Nevada, Ohio, and West Virginia), for-profits manage over 30 percentof all charter schools. Fraud and mismanagement result in the frequent shuttering of publicly funded charter schools, sometimes leaving families in the lurch mid–school year. Since 2019, NPE has been collecting news stories of charter school malfeasance and abrupt closures (charter churn). Thirteen states have racked up at least fifty such reports: California takes the prize for one hundred and eighty charter scandal stories, and Pennsylvania comes in second.

Though often cleverly referred to as “public,” charter schools are not equally accessible by all kids. In School’s Choice, researchers Wagma Mommandi and Kevin Welner show how charter schools use branding and promotional strategies to sway enrollment toward students with more resources and fewer needs than the general population.

In an even more blatant example of the nonpublic nature of charter schools, NPE points to the phenomenon of workplace charters. Under Florida law, such schools are permitted to restrict enrollment to the children of a specific firm’s employees — functioning as a form of labor discipline reminiscent of the last century’s coal “company towns.” At the Villages Charter School (VCS)’s six campuses, parental employment is verified monthly. If a VCS parent hates working at the Villages (a large, highly profitable retirement community) and wants to quit, they had better be prepared to upend their kids’ educational and social lives.

Homeschooling

The number of homeschooling families spiked during the COVID-19 pandemic and has continued to rise. Journalists at the Washington Post found a 51 percent increase over the past six years in states where it’s possible to track homeschooling trends. Once a practice found mainly among fundamentalist Christians in rural areas, it is now the fastest growing education sector.

Thirteen states directly subsidize homeschooling through vouchers or tax credits. A flourishing tech-based industry (including charter schools for homeschooling families) has emerged to cash in on these state subsidies, with parents putting taxpayer dollars to questionable uses. In Arizona, a proliferation of news stories has documented homeschooling families spending ESA money on things like LEGO setssnowboarding trips, ninja training, and aeroponic indoor gardens. Very few states have regulations in place to ensure that homeschooled children are receiving basic academic instruction. In fact, most states allow parents to issue a diploma with no verification of student learning.

Culture warriors like Chaya Raichik have used the slippery concept of “grooming” to gin up fears about adults hurting kids in public schools. In reality, because public schools are governed by strict child safety laws including background checks and mandated reporting, they are much more likely to detect and prevent abuse than minimally regulated private schools and totally unregulated homes. Eleven states don’t even require parents to report that they’re homeschooling their kids, while fourteen more just require a onetime notice with no follow-up. Only Pennsylvania and Arkansas conduct any form of background check on homeschooling parents.

The Coalition for Responsible Home Education has cataloged about one hundred and eighty horrific stories of homeschooled children suffering and even dying from neglect, abuse, and torture in their educational settings. Nicole and Jasmine Snyder, for example, experienced things like having their heads bashed against a wall, being forced to stand in a dark hallway for long stretches, and having urine and feces smeared on their faces as punishment for potty accidents. They starved to death in 2016 and 2017, weighing five and ten pounds respectively. Because they were homeschooled, no one outside the family had any idea the abuse was happening. Their murders were not revealed until 2021.

Public School Financing

Researchers have clearly established the relationship between school funding and student learning outcomes. And because school funding enables everything from adequate staff-to-student ratios to heating, ventilation, and air conditioning (HVAC) systems to essential structural repairs, it’s undeniably a student safety issue.

To rank school funding, NPE looked at the following metrics from the Education Law Center, which issues an annual school funding report: funding levels (cost-adjusted, per-pupil revenue from state and local sources), funding distribution (how states allocate funds to high-needs schools serving economically disadvantaged students), and funding effort (the relationship between a state’s GDP and its investment in schools). They also looked at average teacher salaries, adjusted for each state’s cost of living.

The states that earned the most points for funding public education and narrowing resource discrepancies were New York, New Jersey, and Wyoming. Florida lost every single available point for school funding, while Arizona, Idaho, and Nevada lost all but one. Washington, DC, Maine, New Hampshire, and Vermont all stand out for having exceptionally low teacher pay despite relatively high per-pupil spending.

It’s important to recognize that numerous GOP-controlled states are in the process of defunding their public schools — through spending cuts and policies that drain public coffers by enabling skyrocketing voucher costs coupled with generous tax cuts for corporations and the wealthy. If this experiment is allowed to continue, it will ultimately disfigure the landscape of community life and civic participation.

Freedom to Teach and Learn

Because the right-wing attacks on students and educators have ramped up in conjunction with efforts to defund public schools and boost private alternatives, this NPE report card includes a new category, Freedom to Teach and Learn, which encompasses a range of factors pertaining to student safety and well-being: laws protecting LGBTQ students in public schools, corporal punishment bans, censorship and curriculum bans, collective bargaining for teachers, and teacher quality…..

[Please open the link to read the rest of this important article.]

If the biggest charter chain in Texas is under investigation for financial finagling, is it the right time to let that charter chain expand? Well, it’s Texas, so of course!

The Network for Public Education thinks that’s a rotten idea. It’s wrong. It’s unethical. so we issued this press release.

Texas Ed Department Approves Scandal-ridden Charter Chain’s Expansion

 For immediate release:

Within days of appointing conservators to manage the IDEA charter chain, the Texas Education Agency gives it the green light to expand. 

Contact: Carol Burris

cburris@networkforpubliceducation.org

(646) 678-4477

There is a major financial and ethical charter scandal in Texas, and the Network for Public Education is outraged. The same day that the Texas Education Agency (TEA) announced the appointment of a management team for IDEA charter schools following years of inappropriate spending, the charter chain submitted a request for a massive expansion that would add ten new charter campuses in Texas.

On March 6, the TEA announced it appointed two conservators to oversee IDEA charter schools following its investigation into multiple allegations of financial mishandling. Two days later, the TEA approved that expansion without public comment or meaningful notice.

Scandals involving IDEA include the following:

The charter chain obtained nearly $300,000,000 from the U.S. Department of Education to expand to 123 schools. Following an audit, the Department is now demanding that IDEA return $28 million to be paid using Texas taxpayer dollars.

NPE President Diane Ravitch has been following the charter chain’s scandals for years. “The IDEA charter chain has a long-established reputation for spending millions on luxury items for its leaders while paying executives private-sector salaries. The grifting at public expense must stop. When one Houston school received failing grades, TEA took over the entire district. In this case, TEA appointed a conservator from another charter chain and then approved IDEA’s expansion in a shady insider deal.”

According to Network for Public Education Executive Director Carol Burris, “The scandals involving this federal Charter School Program (CSP) recipient are breathtaking. As shocking as seems, it is possible this new expansion of the corrupt IDEA charter chain will be financed through CSP grant money. We all foot the bill.”

The Network for Public Education is a national advocacy group whose mission is to preserve, promote, improve, and strengthen public schools for current and future generations of students.

                                                                   ###

Network For Public Education

Mailing Address:

Network for Public Education
PO Box 227
New York City, NY 10156

Email:
info at networkforpubliceducation.org

Phone:
(646) 678-4477