Archives for category: Civil Rights

Nancy Bailey here presents a vision of schools that create a new realty and build a better society.

Public schools can bring us together. When children learn to care for each other with tolerance and understanding, they will grow to respect one other as adults. Honor the memory of George Floyd and black citizens who have unjustly died, by reconsidering our past efforts to integrate public schools. One place to start is by reading Gerald Grant’s book, Hope and Despair in the American City: Why There are No Bad Schools in Raleigh.

Learn how, once upon a time, Raleigh brought children together to learn, thereby reducing the gap between the rich and poor.

Vouchers and charters divide. Private schools and charter schools segregate. Remote learning, or learning at home or anyplace anytime, does little to bring students together.

This country needs strong public schools that unite students and families.

Who’s considering how to address the growing racial chasm that, along with the virus, could be America’s undoing? It has been 66 years since Brown v. Board of Education. How have public schools changed?

As we watch the unrest in Minneapolis and around the country, how, after all these years, can America bring students together? How, when Covid-19 separates us, can we find our way back to schools that are better than before? What will public schools be like when this disease is over?

Community organizer Jitu Brown and I will be in conversation on Wednesday June 3 at 7:30 pm EST.

Please sign up and join us.

Jitu Brown is the leader of Journey for Justice, a civil rights organization with chapters in 25 cities.

We will talk about the murder of George Floyd, about racism in America today, about the legacy of Rahm Emanuel in Chicago, about Jitu’s fight to prevent the closing of the Walter H. Dyett High School in Chicago, and much more.

The NYCLU just won a civil rights case in East Ramapo, New York, where all school board elections were at-large, guaranteeing that every member of the school board was elected by the tightly organized Orthodox Jewish community, whose children do not attend the public schools.

EAST RAMAPO – A federal court today ruled that the East Ramapo Central School District’s at-large method for school board elections denies Black and Latinx residents an equal opportunity to elect their preferred candidates under the federal Voting Rights Act. Judge Cathy Seibel of the Southern District of New York ordered the implementation of a ward system and enjoined the district from holding further elections until this system is in place.

The New York Civil Liberties Union and Latham & Watkins LLP brought the lawsuit against the district in November 2017 on behalf of the Spring Valley NAACP and seven Black and Latinx voters. At-large voting in East Ramapo, in which the entire district votes for all nine seats on the board, has enabled the district’s white majority to control the outcome of elections for every seat on the board for well over a decade. The white majority in East Ramapo lives in highly segregated neighborhoods and votes as a political bloc favoring the interests of private schools, which are almost exclusively white. Communities of color, on the other hand, tend to vote cohesively for candidates advocating for the interests of children attending East Ramapo’s public schools, whose student bodies are predominantly black and Latinx. East Ramapo’s minority voters, however, have not seen their candidates of choice win a contested seat since 2007. Plaintiffs have asked the court to institute a ward system for elections, in which voters will choose their representatives based on geographical districts at least some of which will contain a majority of black and Latinx residents.

“Today’s ruling at long last offers Black and Latinx residents of East Ramapo a fair shot at electing school board members who truly represent their interests,” said NYCLU Executive Director Donna Lieberman. “As this case showed, and the school board leadership was forced to admit at trial, the white private school community has hijacked the board and rigged its elections for years, while East Ramapo’s students of color have paid the price. Judge Seibel’s decision offers the district a path to represent the interests of the entire community fairly.”

“Our goal in this case was first and foremost to ensure the entire community of East Ramapo, not just a small group, received the full protection provided by Section 2 of the Voting Rights Act,” added Claudia Salomon, partner with Latham & Watkins LLP. “The ruling opens the door towards the establishment of a voting system that reflects the voices of all citizens of East Ramapo.”

More than 99 percent of East Ramapo Central School District’s 27,000 private school students are white, while 96 percent of the nearly 8,500 public school students are children of color. During the last decade, the East Ramapo Central School Board has cut more than 500 positions from the public schools, including 200 teachers, as well as all social workers, deans, and elementary school assistant principals. According to a December 2018 State Education Department Report, most of those positions have not been restored.

The Board’s cuts have led to a precipitous decline in school quality. In 2019, only 28 percent of students in grades 3-8 were proficient in English and only 24 percent are proficient in math, compared to 45 percent and 47 percent respectively of students statewide. Once regarded as a great school district, East Ramapo has consistently showed the lowest graduation rates and highest dropout rates in Rockland County in recent years, and underperformed against statewide schools. East Ramapo’s reputation is so damaged that in 2017, the adjacent Ramapo Central School District changed its name to the Suffern Central School District, distancing itself from its troubled neighbor.

“Judge Seibel’s decision represents a significant improvement for East Ramapo’s students and their families,” said Willie Trotman, President of the Spring Valley NAACP. “Although a majority of board members will still be elected by the district’s white voters, there will finally be an opportunity for people of color to elect candidates who will represent the needs of our communities of color for the first time in over a decade.”

Judge Seibel closed her opinion with a powerful statement that reflected the NAACP’s case: “This ruling may or may not change the way the schools in the District are run. But the purpose of Section 2 is not to produce any particular policy outcome. Rather, it is to ensure that every voter has equal access to the electoral process. For too long, black and Latino voters in the District have been frustrated in that most fundamental and precious endeavor. They, like their white neighbors, are entitled to have their voices heard.”

Attorneys on the case included Perry Grossman and Arthur Eisenberg of the New York Civil Liberties Union, and Claudia Salomon, Andrew Clubok, Corey Calabrese and Russell Mangas of Latham & Watkins LLPP.

Civil rights groups are suing to block the use of charter schools to desegregate public schools in North Carolina.

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May 18, 2020

LAWSUIT CHALLENGES NORTH CAROLINA LAW ALLOWING BREAKAWAY, SEGREGATED CHARTER SCHOOLS

By Wendy Lecker

Parents and civil rights groups in North Carolina have sued the State challenging a law passed in 2018 authorizing predominately white, wealthy towns in the Charlotte-Mecklenburg school district to break away and form town-run, separate charter school districts that could exclude non-town residents. In the lawsuit filed in Wake County Superior Court on April 30, plaintiffs charge that the law violates North Carolina’s state constitutional guarantees of a uniform public school system and equal protection and will exacerbate persistent racial and socio-economic segregation in the county district.

The plaintiffs in the case, North Carolina State Conference of the NAACP v. State, are the North Carolina State Conference of the NAACP, the Charlotte-Mecklenburg Branch of the NAACP and two parents with children in Charlotte-Mecklenburg Schools. They are represented by Mark Dorosin, Elizabeth Haddix and Genevieve Bondaies Torres of the Lawyers Committee for Civil Rights Under Law and the law firm of Tin, Fulton, Walker and Owen, P.L.L.C.

History of School Segregation in Charlotte-Mecklenburg Schools

Charlotte-Mecklenburg Schools (CMS) has a long history of school segregation. The district was the subject of a major desegregation case in the 1960’s, Swann v. Charlotte–Mecklenburg Board of Education. In that case, in 1971, the U.S. Supreme Court placed CMS under federal supervision to ensure school desegregation. In 1999, white parents succeeded in ending the desegregation order, and CMS was removed from federal court oversight.

CMS then implemented a voluntary, “neighborhood” school assignment plan which, over time, resulted in school resegregation within the district. By 2010, CMS was almost as de facto segregated as it was before Swann was filed to end de jure segregation.

In 2016, the CMS school board developed a plan to increase diversity and reduce the number of schools with high concentrations of poor students. The plan met with strong opposition by elected officials and parents in the mostly white and affluent towns of Cornelius, Huntersville, Matthews, and Mint Hill – all towns within the CMS district.

The Charter Breakaway Law

Desegregation opponents pushed the introduction of HB 514 in 2017 in the North Carolina legislature. The bill would allow the towns of Matthews and Mint Hill to establish municipal, and predominately white, charter schools with admissions preferences that would authorize by law the exclusion of non-resident, low-income students and students of color.

In an effort to appease legislators supporting the bill, the CMS board drastically scaled back its desegregation plan, limiting its effect to only 5% of the district’s students.

At the same time HB 514 was introduced, a State legislative committee studied the viability of breaking up large school districts in the state. That report concluded, in 2018, that breaking up large districts would exacerbate disparities in resources between high- and low-wealth schools and would provide no educational benefit.

In reaction, desegregation opponents dug in their heels and amended the municipal charter legislation to include the CMS towns of Cornelius and Huntersville. The bill passed in June 2018, and because it was considered local legislation, it did not require the governor’s signature under North Carolina law. In vetoing companion legislation to allow teachers in the new charter school district to participate in the state retirement and insurance programs, Governor Roy Cooper made clear that “municipal charter schools set a dangerous precedent that could lead to taxpayer funded resegregation.”

A companion funding bill was passed to facilitate the municipal charters under HB 514 by allowing towns to spend local property taxes to fund charter schools without requiring a voter referendum, as previously required by North Carolina law.

The plaintiffs in the current lawsuit charge that these new laws will drain resources from CMS, increase segregation in CMS, create segregated town charter schools, and deny low-income, non-white students equal access to higher-funded schools.

The Role of Charter Schools in School Segregation

This lawsuit is the latest in an emerging trend of litigation under education guarantees in state constitutions challenging states’ use of charter schools to foster segregation. In 2018, the Minnesota Supreme Court allowed a challenge to school segregation in Minneapolis-St. Paul to proceed to trial, noting that segregated schools cannot be “uniform” under that state’s constitution. Plaintiffs in that case charge that the formation of segregated charter schools in those cities and their exemption from desegregation plans play a major role in school segregation.

In February 2020, the New Jersey Supreme Court granted Education Law Center’s petition to review the Commissioner of Education’s approval of the expansion of charter schools in Newark without evaluating the charters’ segregative impact on the district or their negative impact on the educational resources available to students in Newark district schools.

Given the growing body of research documenting the lasting negative effects of segregation on the academic and life outcomes of public school students and a history of lax or almost no regulation by states over their charter school programs, these lawsuits seek to hold states accountable to ensure charter schools authorized by their laws do not undermine or jeopardize students’ rights to education under state constitutions.

Wendy Lecker is a Senior Attorney at Education Law Center

Press Contact:
Sharon Krengel
Policy and Outreach Director
Education Law Center
60 Park Place, Suite 300
Newark, NJ 07102
973-624-1815, ext. 24
skrengel@edlawcenter.org

Tennessee vouchers are on trial right now.

The court proceedings are being live-streamed.

Major civil liberties organizations are opposing the voucher legislation, which applies only to two cities—Nashville and Memphis—whose representatives voted against vouchers. The law passed by one vote—after a reluctant legislator changed his vote when promised that his district would not get vouchers.

The ACLU, the Southern Poverty Law Center, and the Education Law Center are leading the case against vouchers.

In a major decision affecting students in Detroit, a federal appeals court overruled a lower court decision and concluded that students have a fundamental right to literacy. The dissenting judge, appointed by Trump, ruled that there is no such right. The case began in 2016, when Rick Snyder was governor.

The Detroit News reported:

The Sixth Circuit U.S. Court of Appeals ruled Thursday that Detroit students have a fundamental but limited right to basic minimum education and have standing to sue the state for alleged violations of that right.

In a 2-1 ruling, the panel warned that the right to education “is narrow in scope” to include access to skills deemed “essential for the basic exercise of other fundamental rights and liberties, most importantly participation in our political system.”

“This amounts to an education sufficient to provide access to a foundational level of literacy — the degree of comprehension needed for participation in our democracy,” according to the majority opinion.

But the appeals panel ruled the students failed to make adequate arguments about equal protection and compulsory attendance at schools that are “schools in name only.”

Detroit U.S. District Court Judge Stephen J. Murphy III originally dismissed the students’ claimof a fundamental right to a basic minimum education, which the divided panel reversed. He is a President George W. Bush appointee.

“Plaintiffs contend that access to literacy, as opposed to other educational achievements, is a gateway milestone, one that unlocks the basic exercise of other fundamental rights, including the possibility of political participation,” according to the majority opinion by Judges Eric Clay, an appointee of former President Bill Clinton, and Jane Stranch, an appointee of former President Barack Obama.

Judge Eric Murphy, an appointee of President Donald Trump, wrote the dissent.

“While the Supreme Court has repeatedly discussed this issue, it has never decided it, and the question of whether such a right exists remains open today,” Clay wrote in the majority opinion. “After employing the reasoning of these Supreme Court cases and applying the Court’s substantive due process framework, we recognize that the Constitution provides a fundamental right to a basic minimum education.”

“In short, without the literacy provided by a basic minimum education, it is impossible to participate in our democracy,” the opinion says.

‘Thrilling historic victory’

Mark Rosenbaum, a lawyer for the Detroit students, called the decision Thursday “a thrilling historic victory for the community of Detroit that has carried on the struggle for educational justice for decades….”

“It affirms in these troubled times why our judicial system exists,” Rosenbaum said in a statement. “Every Michigander who loves children should cheer this decision.”

Literacy and education are inherent to participation in the state’s political system and are viewed as the “great equalizer,” the two judges wrote.

“It may never be that each child born in this country has the same opportunity for success in life, without regard to the circumstances of her birth,” Clay wrote. “But even so, the Constitution cannot permit those circumstances to foreclose all opportunity and deny a child literacy without regard to her potential.”

See also, the account of the decision in the Detroit Free Press.

Carol Burris and I wrote “An Open Letter to Joe Biden,” which was published by Valerie Strauss on her blog “The Answer Sheet” at the Washington Post.

Valerie Strauss begins:

During the Obama administration, public school advocates led by Diane Ravitch opposed the education agenda of Education Secretary Arne Duncan, who had embraced standardized testing, charter schools and the Common Core State Standards as the way to improve America’s schools.
Ravitch, an education historian and research professor at New York University, became the titular leader of the grass-roots movement against the privatization of public education in 2010, when she published her best-selling book, “The Death and Life of the Great American School System.” It detailed her conversion from a No Child Left Behind supporter to an opponent.

From 1991 to 1993, Ravitch served as assistant secretary of research and improvement in the Education Department under President George H.W. Bush. She was, too, an early supporter of No Child Left Behind, the chief education initiative of his son, President George W. Bush, which ushered in the high-stakes standardized-testing movement. But when she researched the effects of the measures, she saw that NCLB’s testing requirements had turned classrooms into test prep factories and forced schools to narrow the curriculum to focus on tested subjects.

She changed her long-held views about how to improve schools and for the last decade has been speaking and writing about education reform. She also co-founded and heads the nonprofit Network for Public Education, which links people and groups that advocate to improve public schools and fight school privatization.
Ravitch became a lightning rod for criticism by supporters of President Barack Obama’s Race to the Top initiative, which made standardized tests more important than ever. But, at 81 years old, she is still writing and advocating for public schools. Her most recent book was published this year, “Slaying Goliath: The Passionate Resistance to Privatization and the Fight to Save America’s Public Schools.”

The Network for Public Education that she leads opposes charter schools — which are publicly funded but privately managed — seeing them as part of a movement to privatize public education. It published two reports last year about how the federal government wasted millions of dollars on a program aimed at expanding the charter sector.

Charter supporters criticized the reports, but the overall story of waste and abuse in the federal Charter Schools Program helped to prompt Sens. Elizabeth Warren (D-Mass.) and Bernie Sanders (I-Vt.) to promise to end funding for the program when they were both running for the Democratic presidential nomination. Some Democratic legislators in the House also expressed concern about the program after the reports were released.
Joe Biden was Obama’s vice president but was not in the forefront of the administration’s education agenda. He has promised that if elected, he would, among other things, triple the federal funding for high-poverty schools, increase teachers salaries and ban for-profit charter schools. He has also expressed opposition to standardized testing.

In the following open letter to Biden, the presumptive Democratic nominee for president, Ravitch and Carol Burris write about public education and their reaction to his public comments about school policy, saying they are encouraged.

Burris, a former award-winning principal in New York, is the executive director of the Network for Public Education. Burris has been writing for this blog for years, chronicling the effects of Race to the Top and about charter schools.

Here is the open letter to Biden about education policy, written by Diane Ravitch and Carol Burris:</strong

Dear Vice President Biden,

We write on behalf of the Network for Public Education, the nation’s largest group of volunteers and advocates for public schools in the nation, with more than 350,000 followers spread across all 50 states.
We have strongly opposed the education agenda of Donald Trump. For the first time in the history of the Department of Education, its secretary seems dedicated to the destruction of public schools. From her enthusiastic support of private school vouchers, charter schools, and virtual charter schools, Betsy DeVos has made clear that she believes that schools should be run by private agencies and as entrepreneurial start-ups, not as centers of community life, subject to democratic governance by elected school boards.

Our public schools and their students desperately need a champion. We hope you will be that champion. For two decades, our schools and their teachers have been micromanaged by misguided federal mandates that require states to judge students, teachers, and schools by standardized test scores, as though a test score could ever be the true measure of a child, a teacher or a school.

We know that you know better. At the Public Education Forum in Pittsburgh in December 2019, NPE Board member Denisha Jones asked you whether you would commit to ending standardized testing in public schools. You did not hesitate when you said, “Yes. You are preaching to the choir.”

You continued by saying, “Teaching to a test underestimates and discounts the things that are most important for students to know.” You explained that what is most important is building a child’s confidence and you referred to evaluating teachers by test scores as a “big mistake.”

You are right in your assessment of standardized, high-stakes tests and we appreciate your response. Hold firmly to those beliefs. We understand that federal law must be rewritten to free the schools from their fixation on test scores. We count on you to make that happen, and to put an end to the legacy of President George W. Bush’s No Child Left Behind law. Billions of dollars have been wasted on testing during these past twenty years. It is time for a fresh vision of what education can be.

Former supporters of President Obama’s Race to the Top program will whisper in your ear to persuade you to double down on failed policies. They will try to convince you that testing is a “civil right.” It is not. In fact, standardized testing has its roots in eugenics — it was used for years as a means by which to shut out immigrants, students of color, and students who live in poverty in order to reserve privilege for affluent students, who more typically excel on standardized tests.

All children deserve a well-resourced public school filled with high-quality educational experiences. All children deserve experienced and well-prepared teachers. All children deserve schools that have counselors, social workers, librarians, and nurses. All children deserve a full curriculum, with science labs and arts programs. When schools become test-prep factories, the civil rights of children to equal education opportunities are denied.

Others will tell you that funding does not matter and that only choice and competition will improve public schools. They are wrong. Research consistently demonstrates that increases in funding make a difference in the educational outcomes of children. But we cannot tinker around the edges and expect to get dramatic results. That is why we fully support your plan to triple Title I funding while giving educators voice in how that money should be best spent.

We are pleased that you support community schools as a pathway for school improvement. During the forum, you said that “Betsy DeVos’s whole notion from charter schools to this [her blame the victim position on sexual harassment on campus] is gone,” if you are elected. We are glad that you endorse district public school improvement instead of embracing the expansion of what has become a competing alternative system whose growth has drained funding from public schools.

Banning for-profit charter schools is not enough. There are only a handful of for-profit charters, and they exist only in Arizona. There are, however, many for-profit charter management companies as well as nonprofit charter management companies whose CEOs enjoy exorbitant salaries, far exceeding the salaries of district school superintendents. These charter chains hide their lavish spending on travel, marketing, advertising, rental payments to related companies, and administrative salaries from community, state and federal taxpayers even as they claim to be public schools.

Although the policies of the states regarding charter schools are beyond your control, the Federal Charter School Program is not. A once modest program intended to spark innovation community-led charter schools is now a program that sends hundreds of millions of dollars each year to corporate charter school chains. Just last month, DeVos gave $72 million to the IDEA charter chain whose chief executive officer hired a private jet on which he was the only passenger to meet DeVos in Florida. That same charter chain received over $175 million from DeVos through the Charter Schools Program in 2017 and 2018.

It is time to eliminate the federal Charter Schools Program, which is no longer needed since billionaire-directed foundations supply ample funding for new charters and charter expansion. We issued two reports last year, demonstrating that the federal Charter Schools Program is riddled with waste and fraud, having spent approximately $1 billion on schools that never opened, or that opened and subsequently closed.

Your public statements encourage us to believe that you do not intend to follow the disastrous education policies of No Child Left Behind and Race to the Top. We are hopeful that you will renounce the status quo and bring a fresh vision that supports the work of teachers and public schools.

You will receive no better counsel on public education than you will from your educator wife, Jill Biden. We have no doubt that she will advise you well. It is time to turn the page on failed policies and invest in our nation’s public schools, which enroll nearly 90 percent of all American children.

The future of our nation depends on the success of public schools and their leaders, teachers, and support staff, who even, in this crisis, are working tirelessly to educate our students and keep them fed, well, and safe. Please stand with them and with the more than 50 million children who attend district public schools.

Diane Ravitch
Carol Burris

Johann Neem is the author of Democracy’s Schools: The Rise of Public Education in America, in which he describes the creation of public education between the American Revolution and the Civil War and recognizes public schools as an essential building block of a robust democracy.

Neem’s family came to America from India when he was a. Dry young child. They settled in California and lived in a diverse, multiethnic America. He went to public schools, to college, to graduate school, and eventually became a historian of education.

He lived what was then considered the American Dream. But now he fears it is disappearing for reasons he explain in this essay.

He begins:

I arrived—as we all do—in the midst of history. I was not yet three, and my parents had migrated to San Francisco from Mumbai to start a new life. They had been sponsored by my dad’s sister, whose husband, an engineer, had come over to work for Bechtel. We were, in other words, part of the first wave of immigrants to crash into a changing America in the wake of the Immigration and Nationality Act of 1965. Our arrival—among those of the numbers of Africans, Asians, and Latin Americans who came to the country—was largely unexpected. It was not what most Americans had anticipated when the law was passed during the civil rights era. But it was what brought me here, to a new country.

Mine was an American childhood. We were middle class and lived on a cul-de-sac whose residents were diverse in many of the usual American ways. There were Japanese-Americans and Catholics and Protestants. There were people without college degrees, and others with graduate degrees. There were Republicans and Democrats. There were immigrants from Germany, and of course we were from India. But most of us kids went to public school together, and our parents would take turns carpooling us. Gathering on the court, we rode bikes, played football on our muddy lawn (I was never much good at sports), and pretended to be motorcycle officers Ponch and Jon from the TV series CHiPs. Together, we made up games and celebrated birthdays. We grew up knowing about our differences but caring about what we shared. What bound us together was America, although I’m not sure I would have been able to say that. Perhaps I didn’t have to.

I imagined that I could become anybody. I had no awareness then that this belief was the result of more than two centuries of activism on the part of African Americans, feminists, and their allies to earn equality within the American nation-state. It was California. The American Dream was alive. Of course, that dream had been deferred for so many Americans for too long. But after 1965, it was hoped, those obstacles would be behind us. Immigrants would be welcome. African Americans would be equal. And despite the thus-far unsuccessful effort to enact the Equal Rights Amendment, I grew up in a world that took for granted that women too could be whomever they wanted to be.

There was a kind of amnesia. Maybe that’s not the right word. We were new. So maybe it was that I just didn’t know the history, and my parents had experienced a different history. Whatever it was, America was, for us, a blank slate. But it was not fully blank. It had rituals and traditions for us to learn, such as giving gifts and spending time with family and friends on Christmas or having barbecues on the Fourth of July. We gathered with neighbors to hunt Easter eggs. It had norms, like saying “thank you” for any kind of service, a sign of the respect each American owed fellow Americans for their contributions to society. It had a creed, too—that the United States promised all people a better, freer, more prosperous life…

I lived in a world where we could all be American, not because of our cultural differences but because of what we could share. This shared culture—this sense of being a people—is a precondition to sustaining the universal ideals of American democracy. We like to pretend that principles are enough, but abstract ideas are thin gruel for flesh-and-blood human beings. We are not disembodied reasoners. We belong to groups. We have emotions. Culture connects us to our country and to one another. But that culture depends on shared rituals and experiences. Today, we are so afraid of offense that we risk privatizing the very culture we once could share together…

As I studied American history, I came to appreciate the struggles so many Americans had undertaken, often in the face of brutal violence, to create the California my parents and I had entered in 1976. As a professor, I want my students to know of these struggles, of the wrenching realities of slavery and Jim Crow, of the violence unleashed against labor unions, of why a human being could be beaten and left tied to a fence to die for being gay. These stories have to be told if we are to confront the truth about our past, which continues to shape the way many Americans experience the present.

But some felt threatened by these new stories. They worried that they represented the end of America because they dethroned many idols. Jefferson did look different from the perspective of an enslaved person or a Native American than he did from that of a white farmer in western New York State or Virginia. The culture wars reflected Americans’ disagreements over which perspectives mattered most, and how to fit them together into a coherent story about ourselves as a people…

I am outside two worlds—both defined by race. On the left, race seems to be everywhere, as something to celebrate but also to divide. On the right, whiteness represents a reracialized vision of America that denies black voters access to the polls, engages in race-baiting that targets immigrants of color, and insults people of non-Christian faiths. It authorizes a president who suggests that we should deal with the problem of illegal border crossings by shooting migrants in the legs.20 I see myself distorted through both sets of eyes. But neither defines me. I don’t want to be white. I am proud of my Indian heritage. I am an American.

This sense of who I am makes immigrants like me carriers of an American Dream that is being lost. I still believe in the Dream. Most white Americans are not white nationalists, and, because I work on a college campus, I hope that I exaggerate the divisive features of multiculturalism and whiteness studies. Having grown up in the San Francisco Bay Area at a particular moment in its history, I know from experience that diversity does not necessarily lead to fragmentation. Living in a diverse society depends on tolerance and mutual respect, and, I learned, both a willingness to share and to participate in American culture.

I don’t do justice to this thoughtful and provocative essay by citing disconnected excerpts. Neem analyzes the tensions created by too much pressure from the academic left, focused on identity politics, and the counter-response from conservative and radicalized whites, who assert their white identity and proclaim their grievances, with the encouragement of a president who loves divisiveness.

Read it.

PLAINTIFFS ASK TENNESSEE COURT TO HALT UNCONSTITUTIONAL VOUCHER PROGRAM

FOR IMMEDIATE RELEASE
CONTACTS:

Ashley Levett, SPLC, ashley.levett@splcenter.org / 334-296-0084
Sharon Krengel, ELC, skrengel@edlawcenter.org / 973-624-1815, x 24

Lindsay Kee, ACLU-TN, communications@aclu-tn.org / 615-320-7142
Christopher Wood, Robbins Geller, cwood@rgrdlaw.com / 615- 244-2203

TENNESSEE – Parents and community members in Shelby and Davidson Counties who are challenging the constitutionality of the Tennessee Education Savings Account (ESA) voucher law filed a motion Friday asking the Chancery Court for Davidson County to halt implementation of the program before the state begins diverting taxpayer funds to private schools.

The motion asks the court to stop implementation of the law — which applies only to students living in those counties — that would illegally siphon much-needed taxpayer funds away from their public schools.

Although Tennessee’s voucher program was originally slated to begin in the 2021-2022 school year, Governor Bill Lee’s administration has rushed to distribute private school vouchers in the fall of 2020, despite the ongoing COVID-19 pandemic, which caused hundreds of millions to be slashed from education funding in the emergency budget passed by the state legislature in March.

Shelby County Schools and Metro Nashville Public Schools were already underfunded before the COVID-19 pandemic. The current crisis will only increase the need for funding and resources in these schools.

“Schools throughout Tennessee have been chronically underfunded for years. Diverting money to pay for private school vouchers in Shelby County and Nashville is not going to solve this problem, and will only exacerbate the challenges these districts face to provide all students with a quality education,” said Chris Wood, partner at Robbins Geller Rudman & Dowd LLP, which has joined with the ACLU of Tennessee, the Southern Poverty Law Center, and Education Law Center to represent the plaintiffs in the lawsuit. Southern Poverty Law Center and Education Law Center collaborate on the national Public Funds Public Schools campaign.

The lawsuit challenging the ESA voucher program, McEwen v. Lee, was filed last month. It charges that the law violates several provisions of the state’s constitution and laws.

The temporary injunction motion filed Friday asserts that the voucher program violates the Tennessee Constitution’s “Home Rule” provision, which prohibits the General Assembly from passing laws that apply only to certain counties. In this case, the voucher program will be instituted only in Shelby and Davidson counties. Because the legislature failed to appropriate funding for the first year of the law’s implementation, yet paid over $1 million to a private company for its administration using funds from an unrelated program, the voucher law also violates constitutional and statutory requirements governing appropriation of public money.

# # #

The Southern Poverty Law Center, based in Alabama with offices in Florida, Georgia, Louisiana, Mississippi, and Washington, D.C., is a nonprofit civil rights organization dedicated to fighting hate and bigotry, and to seeking justice for the most vulnerable members of society. For more information, visit http://www.splcenter.org/.

Founded in 1973, Education Law Center is a national leader in advancing the rights of public school students to equal educational opportunity under state and federal law through litigation, policy, advocacy and research. For more information, visit http://www.edlawcenter.org/.

The ACLU of Tennessee, the state affiliate of the national American Civil Liberties Union, is a private, non-profit, non-partisan public interest organization dedicated to defending and advancing civil liberties and civil rights through advocacy, coalition-building, litigation, legislative lobbying, community mobilization and public education. For more information, visit http://www.aclu-tn.org/.

Robbins Geller Rudman & Dowd LLP is one of the world’s leading complex litigation firms representing plaintiffs in securities fraud, antitrust, corporate mergers and acquisitions, consumer and insurance fraud, multi-district litigation, and whistleblower protection cases. With 200 lawyers in 9 offices, Robbins Geller has obtained many of the largest securities, antitrust, and consumer class action recoveries in history, recovering tens of billions of dollars for victims of fraud and corporate wrongdoing. Robbins Geller attorneys are consistently recognized by courts, professional organizations and the media as leading lawyers in their fields of practice. Visit http://www.rgrdlaw.com/.

Fred Klonsky, retired teacher in Illinois, recounts Erik Prince’s long history of engaging in espionage against his fellow citizens.

Erik Prince recruits CIA and British spies to spy on us for Donald Trump.

He writes:

The story in the Times details how Prince recruited ex-U.S. and British spies to infiltrate organizations including, but not even closely limited to, teacher unions.

Erik Prince is Betsy DeVos’ brother. DeVos is Trump’s Secretary of Education. Devos also has close ties to many Michigan-based right-wing, anti-union organizations. Among them is the Mackinaw Center for Public Policy.

One of the former spies, an ex-MI6 officer named Richard Seddon, helped run a 2017 operation to copy files and record conversations in a Michigan office of the American Federation of Teachers, one of the largest teachers’ unions in the nation. Mr. Seddon directed an undercover operative to secretly tape the union’s local leaders and try to gather information that could be made public to damage the organization, documents show.

Of course, this is nothing new.

For example, in 2011 all my work emails and personnel files were the subject of a FOIA filed by Ben Velderman of the Michigan-based Education Action group which had ties to the Mackinaw Center and Betsy DeVos.

This was just after having served as president of my NEA union local for ten years.

(The operations reported in the Times were) run by Project Veritas, a conservative group that has gained attention using hidden cameras and microphones for sting operations on news organizations, Democratic politicians and liberal advocacy groups. Mr. Seddon’s role in the teachers’ union operation — detailed in internal Project Veritas emails that have emerged from the discovery process of a court battle between the group and the union — has not previously been reported, nor has Mr. Prince’s role in recruiting Mr. Seddon for the group’s activities.

This is a step up from the days when these groups were using hacks like Ben Velderman to do their dirty work.

Now they are using professional spies.

Is this legal? Can’t Erik Prince be sued for violating the civil rights of others?