Archives for category: Civil Rights

We saw at her confirmation hearing two years ago how ill-prepared Secretary of Education Betsy DeVos is when questioned persistently about her views and actions. We saw a repeat performance when she was questioned by Lesley Stahl on “60 Minutes.” This is a person who is unaccustomed to being held accountable.

Now, at least five committees in the new Democratic-controlled House of Representatives intend to question her about her many controversial efforts to protect for-profit colleges, not students; to roll back protections for transgender students; to put the burden of proof on rape victims, not their alleged assailants; and many more of her policies intended to weaken civil rights protections and the duty of government to defend the weak and vulnerable, not the ruthless and powerful.

For two years, Democrats watched with fury as Education Secretary Betsy DeVos sought to dismantle nearly every significant Obama administration education policy.

Now, they’re gearing up to fight back. Lots of them.

As many as five Democratic-led House committees next year could take on DeVos over a range of issues such as her rollback of regulations aimed at predatory for-profit colleges, the stalled processing of student loan forgiveness and a rewrite of campus sexual assault policies.

“Betsy DeVos has brought a special mix of incompetence and malevolence to Washington — and that’s rocket fuel for every committee in a new Congress that will finally provide oversight,” said Seth Frotman, who resigned as the Consumer Financial Protection Bureau’s top student loan official earlier in protest of Trump administration policies likely to be examined by Democrats.

Even in a Republican-controlled Congress, DeVos had a strained relationship at times with some committees. Her main priorities, such as expanding school choice, were largely ignored as lawmakers hashed out government funding bills. Now she will have to answer to House Democrats wielding gavels, several of whom have long worked on education issues and have been among her most vocal critics.

She came to her job expecting Congress to allow her to shift $20 Billion from Title I to Vouchers. That never happened. Her only funding victory was an increase in funding for charter schools, which now get $450 million, which they certainly don’t need, since they are the plaything of the billionaires.

Many committees are waiting to interview her, including the House Education Committee, chaired by Rep. Bobby Scott of Virginia; the Appropriations subcommittee, chaired by Rep. Rosa DeLauro of Connecticut; and the Financial Services Committee, chaired by Rep.Maxine Waters of California.

While most of us were transfixed by the drama surrounding the U.S. Supreme Court, the Trump Administration was busy eliminating the role of science in the federal Environmental Protection Administration. In the Trump administration, the work of dismantling environmental protection, public education, civil rights, and every progressive policy of the past century goes on daily, without delay, even as the far-right evangelicals secure the fifth seat on the Supreme Court to assure that their actions will never lose in court.

WASHINGTON — The Environmental Protection Agency plans to dissolve its Office of the Science Advisor, a senior post that was created to counsel the E.P.A. administrator on the scientific research underpinning health and environmental regulations, according to a person familiar with the agency’s plans. The person spoke anonymously because the decision had not yet been made public.

The science adviser works across the agency to ensure that the highest quality science is integrated into the agency’s policies and decisions, according to the E.P.A.’s website. The move is the latest among several steps taken by the Trump administration that appear to have diminished the role of scientific research in policymaking while the administration pursues an agenda of rolling back regulations.

Asked about the E.P.A.’s plans, John Konkus, a spokesman for the agency, emailed a prepared statement from the science adviser, Jennifer Orme-Zavaleta, in which she described the decision to dissolve the office as one that would “combine offices with similar functions” and “eliminate redundancies.”

In an email, Dr. Orme-Zavaleta referred questions to the E.P.A.’s public affairs office.

Dr. Orme-Zavaleta is an expert on the risks of chemicals to human health who has worked at the E.P.A. since 1981, according to the agency’s website. It was unclear whether she would remain at the E.P.A. once the decision takes effect.

Separately, on Tuesday, in an unusual move, the E.P.A. placed the head of its Office of Children’s Health, Dr. Ruth Etzel, on administrative leave, while declining to give a reason for the move. Agency officials told Dr. Etzel, a respected pediatric epidemiologist, that the move was not disciplinary. As the head of an office that regularly pushed to tighten regulations on pollution, which can affect children more powerfully than adults, Dr. Etzel had clashed multiple times with Trump administration appointees who sought to loosen pollution rules.

Michael Mikulka, who heads a union representing about 900 E.P.A. employees, said, “Clearly, this is an attempt to silence voices whether it’s in the agency’s Office of Children’s Health or the Office of the Science Advisor to kill career civil servants’ input and scientific perspectives on rule-making.”

The changes at the two offices, which both report directly to the head of the E.P.A., come as the agency’s acting administrator, Andrew Wheeler, a former coal lobbyist, is overseeing a reorganization of the agency.

After dissolving the office of the scientific adviser, Mr. Wheeler plans to merge the position into an office that reports to the E.P.A.’s Deputy Assistant Administrator for Science, a demotion that would put at least two more managerial layers between the E.P.A.’s chief scientist and its top decision maker.

“It’s certainly a pretty big demotion, a pretty big burying of this office,” said Michael Halpern, the deputy director of the Center for Science and Democracy with the Union of Concerned Scientists, an advocacy group. “Everything from research on chemicals and health, to peer-review testing to data analysis would inevitably suffer,” he said.

The move comes after several months in which the leaders of the E.P.A. have systematically changed how the E.P.A. treats science. The agency’s previous administrator, Scott Pruitt, who resigned in July amid allegations of ethical violations, in April proposed a regulation that would limit the types of scientific research that E.P.A. officials could take into account when writing new public health policies, a change that could weaken the agency’s ability to protect public health.

Last year, Mr. Pruitt significantly altered two major scientific panels that advise the E.P.A. on writing public health rules, restricting academic researchers from joining the boards while appointing several scientists who work for industries regulated by the E.P.A.

ELC CALLS FOR INVESTIGATION OF EXCLUSION OF STUDENTS FROM NEWARK CHARTER SCHOOL

Education Law Center has filed an official complaint with the NJ Department of Education (NJDOE) regarding the recent exclusion of students from Marion P. Thomas Charter School (MPTCS) in Newark. As depicted in videos and news articles, MPTCS excluded dozens of students at the opening of school for non-compliance with the school’s uniform policy. The school also did not notify parents that their children could not attend school, resulting in students congregating in a neighborhood park without supervision.

The ELC complaint explains that MPTCS’s exclusion of students for minor infractions of the school’s uniform policy raises legal violations requiring NJDOE investigation. The complaint is based on reports from parents, including allegations that MPTCS falsely accused one parent of failing to submit residency documentation after her son was featured in one of the videos of the incident. Other parents reported having to expend time and money to buy new shoes conforming to the MPTCS uniform to prevent their children from losing more time in school, even though they were excluded for wearing the exact same shoes deemed appropriate attire the year before.

The complaint asks the NJDOE to investigate the incident and take corrective action, including a thorough review of the school’s uniform policy and whether MPTCS enforcement of the policy is fair and legal. The complaint also asks the NJDOE to conduct training of MPTCS staff to prevent future recurrences and for disciplinary action, if necessary, to be taken against the school and school staff responsible for any violations of student and parental rights. Finally, the complaint asks for recourse for the families, including reimbursement for double expenditures and any necessary corrections to student records.

“It is obvious that these students believed they were in compliance with the school’s uniform policy, because they wore similar or even the exact same shoes last year,” said ELC Legal Fellow Richard Frost. “Excluding these students without notifying parents was an extreme, poorly reasoned, and unlawful punishment for what should never have become a discipline issue in the first place.”

Education Law Center Press Contact:
Sharon Krengel
Policy and Outreach Director
skrengel@edlawcenter.org
973-624-1815, x 24

The Washington Post has a new national education writer, Laura Meckler. She published an excellent article yesterday about the big-time failure of Betsy DeVos to accomplish anything in D.C. as Secretary of Education.

Despite Republican control of Congress (for now), her budget proposals have fallen flat. She arrived with Trump’s promise to transfer $20 Billion from other federal programs to create a federal school choice program for charters, vouchers, and online schools. That went nowhere. She has repeatedly proposed a $1 Billion plan for school choice. Congress rejected it.

Her only victory was to get a big increase in charter school funding, now up to $450 Million. This despite the GAO report in 2016 warning of waste, fraud, and abuse in the charter industry.

DeVos has helped to galvanize the opposition to school choice and to energize supporters of public schools, who now recognize that charters and vouchers take money away from public schools, a traditional community institution whose doors are open to all.

She is such a toxic figure, her contempt for public schools is so evident, her arrogance and snobbishness so transparent, that she has alienated even some Republicans. Many rural Republicans treasure their local public schools. As Meckler shows, conservatives are divided over the DeVos effort to create a federal school choice plan. Libertarians fear (rightly) that federal funds will be accompanied by federal regulations.

From our point of view, as supporters of public education, DeVos has been the gift that keeps on giving. She remains deeply uninformed about education policy. Her solution to everything is School Choice. She is a champion of charters, stripping away their thin progressive veneer. She wants to roll back civil rights protections for everyone but accused rapists. She has removed protections for students defrauded by for-profit “colleges,” while stopping federal efforts to regulate the institutions that defraud students.

In short, if you care about public schools and civil rights and the ability of students to get a good education, she is a disaster on all fronts.

The fact that she became a national figure at the very time that Research converged on the negative effects of vouchers was fortuitous. Similarly, the growing national recognition that the charter industry is rife with waste, fraud, and abuse undermines her cause.

Now our goal must be to convince members of Congress, especially Democrats, to stop acting as the biggest funder of charter schools, whose aggressive expansion hurts public schools, you know, the schools that enroll 85% of America’s students.

We cannot be surprised that Betsy DeVos has expressed her intent to protect the rights of accused rapists. The woman she put in charge of the Education Department’s Office for Civil Rights, Candace Jackson, claims that she is a survivor of a campus assault but she is obsessed with the rights of accused rapists.

DeVos will not protect other groups that suffer genuine harm, such as students defrauded by unscrupulous for-profit colleges. She will not help transgender students who are bullied. Segregation is of no concern to her. She has dismissed thousands of complaints about discrimination against students with disabilities.

Young women who suffer the misfortune of being raped on campus should make sure they have witnesses or forget about reporting it. If they are raped by another student off-campus, tough luck.

Politico Morning Report tells the sad story of Betsy DeVos’ abandonment of transgender students. This administration prefers that these students suffer discrimination and humiliation and bullying.

Let it be noted that the DeVos family is notable for homophobia. Betsy’s family were founders and major funders of the anti-gay Family Research Council and Focus on the Family. Her mother and brother are still board members. Her mother was the single biggest contributor to the fight to block gay marriage by referendum in California. When Betsy was asked during her Senate hearings about the virulently anti-gay activism of her mother’s foundation, she claimed to know nothing about it. When someone pointed out that she was a member of the board, she said it was a clerical error. A clerical error for 17 years. I.e., she was prevaricating. Lying to Congress is a crime.

The apple doesn’t fall far from the rotten tree.

Politico reports:

TRANSGENDER STUDENTS GET NO SATISFACTION FROM DEVOS’ EDUCATION DEPARTMENT: Alex Howe spent his junior and senior year barred from using the boy’s bathroom at his Texas high school because he was transgender. When the debate team traveled for competitions, he was forced to room alone. He felt isolated, alienated and depressed. “I was counting down the days until I graduated,” Howe told POLITICO, the first time he has spoken publicly about his experience.

— Howe appealed to DeVos for help just after graduating high school last year, hoping to ease the way for other transgender students. But his complaint was thrown out by the Education Department’s Office for Civil Rights six months later. That’s because the Trump administration is no longer investigating complaints filed by transgender students over bathroom access.

— Howe’s complaint is one of at least five involving transgender students denied bathroom access that were also shelved. Another transgender student interviewed by POLITICO and also speaking publicly for the first time said his bathroom-related complaint hasn’t been dismissed, but has been stalled for three years. He hasn’t been told why.

— Both Howe and the second student, who wants to be identified only by his first name, Drake, described the human cost of DeVos’ decision to turn down and hold off on their appeals for help. While high school isn’t easy for many kids who don’t fit in, it can be so much worse for transgender kids. Caitlin Emma has the story.

— The Education Department released a statement saying it is “committed to defending the civil rights of all students and ensuring all students have an equal opportunity to learn in an environment free from harassment and discrimination.” But officials declined to comment on any specific complaints.

The editorial pages of the New York Times have been an echo chamber for school choice for years. The editorials regularly applaud charter schools as escape hatches from public schools and repeat the talking points of the billionaires and hedge fund managers who have gleefully replaced public schools with privately managed schools. I can’t recall an editorial that acknowledged the importance of rebuilding, revitalizing, and strengthening public education as a major responsibility of our society. I can’t recall one that criticized the onslaught of privatization against public education in our nation’s urban schools, where parents of color have lost not only their public schools, but their voice as citizens in creating public schools that serve the entire community. The editorial board has steadfastly ignored the coordinated and bipartisan assault on democratic governance of public schools in cities and states across the nation. The op-ed page, which was created to provide a space for views different from the editorial page has seldom challenged school choice orthodoxy. Almost every regular opinion writer has lauded the “miracle” of charter schools, including David Brooks, Nicholas Kristof, and David Leonhardt. The op-ed page recently included an article urging liberals not to give up on charters even though Betsy DeVos likes them too, even though they are segregated and non-union.

But now comes a new and welcome voice.

Erin Aubrey Kaplan writes that school choice is the enemy of justice. She has been selected as a regular opinion writer, which is more good news. She writes about her personal experience as a child in California, a state that is controlled by Democrats but purchased by the billionaires who sneer at public schools and want to replace them with charter schools. She reminds us that school choice was the battle cry of segregationists. In many states and cities, it still is.

Her article poses an essential question: Is public education, democratically controlled, still part of the social contract? And she writes that many white liberals, including Jerry Brown (and in New York, Andrew Cuomo) have said no.

She writes:

“LOS ANGELES — In 1947, my father was one of a small group of black students at the largely white Fremont High School in South Central Los Angeles. The group was met with naked hostility, including a white mob hanging blacks in effigy. But such painful confrontations were the nature of progress, of fulfilling the promise of equality that had driven my father’s family from Louisiana to Los Angeles in the first place.

“In 1972, I was one of a slightly bigger group of black students bused to a predominantly white elementary school in Westchester, a community close to the beach in Los Angeles. While I didn’t encounter the overt hostility my father had, I did experience resistance, including being barred once from entering a white classmate’s home because, she said matter-of-factly as she stood in the doorway, she didn’t let black people (she used a different word) in her house.

“Still, I believed, even as a fifth grader, that education is a social contract and that Los Angeles was uniquely suited to carry it out. Los Angeles would surely accomplish what Louisiana could not.

“I was wrong. Today Los Angeles and California as a whole have abandoned integration as the chief mechanism of school reform and embraced charter schools instead.

“This has happened all over the country, of course, but California has led the way — it has 630,000 students in charter schools, more than any other state, and the Los Angeles Unified School District has more than 154,000 of them. Charters are associated with choice and innovation, important elements of the good life that California is famous for. In a deep-blue state, that good life theoretically includes diversity, and many white liberals believe charters can achieve that, too. After all, a do-it-yourself school can do anything it wants.

“But that’s what makes me uneasy, the notion that public schools, which charters technically are, have a choice about how or to what degree to enforce the social contract. There are many charter success stories, I know, and many make a diverse student body part of their mission. But charters as a group are ill suited to the task of justice because they are a legacy of failed justice.

“Integration did not happen. The effect of my father’s and my foray into those white schools was not more equality but white flight. Largely white schools became largely black, and Latino schools were stigmatized as “bad” and never had a place in the California good life.

“It’s partly because diversity can be managed — or minimized — that charters have become the public schools that liberal whites here can get behind. This is in direct contrast to the risky, almost revolutionary energy that fueled past integration efforts, which by their nature created tension and confrontation. But as a society — certainly as a state — we have lost our appetite for that engagement, and the rise of charters is an expression of that loss.

“Choice and innovation sound nice, but they also echo what happened after the 1954 Brown v. Board of Education Supreme Court decision, when entire white communities in the South closed down schools to avoid the dread integration.

“This kind of racial avoidance has become normal, embedded in the public school experience. It seems particularly so in Los Angeles, a suburb-driven city designed for geographical separation. What looks like segregation to the rest of the world is, to many white residents, entirely neutral — simply another choice.

“Perhaps it should come as no surprise that in 2010, researchers at the Civil Rights Project at U.C.L.A. found, in a study of 40 states and several dozen municipalities, that black students in charters are much more likely than their counterparts in traditional public schools to be educated in an intensely segregated setting. The report says that while charters had more potential to integrate because they are not bound by school district lines, “charter schools make up a separate, segregated sector of our already deeply stratified public school system.”

“In a 2017 analysis, data journalists at The Associated Press found that charter schools were significantly overrepresented among the country’s most racially isolated schools. In other words, black and brown students have more or less resegregated within charters, the very institutions that promised to equalize education.

“This has not stemmed the popular appeal of charters. School board races in California that were once sleepy are now face-offs between well-funded charter advocates and less well-funded teachers’ unions. Progressive politicians are expected to support charters, and they do. Gov. Jerry Brown, who opened a couple of charters during his stint as mayor of Oakland, vetoed legislation two years ago that would have made charter schools more accountable. Antonio Villaraigosa built a reputation as a community organizer who supported unions, but as mayor of Los Angeles, he started a charter-like endeavor called Partnership for Los Angeles Schools.

“This year, charter advocates got their pick for school superintendent, Austin Beutner. And billionaires like Eli Broad have made charters a primary cause: In 2015, an initiative backed in part by Mr. Broad’s foundation outlined a $490 million plan to place half of the students in the Los Angeles district into charters by 2023.

“I live in Inglewood, a chiefly black and brown city in Los Angeles County that’s facing gentrification and the usual displacement of people of color. Traditional public schools are struggling to stay open as they lose students to charters. But those who support the gentrifying, which includes a new billion-dollar N.F.L. stadium in the heart of town, see charters as part of the improvements. They see them as progress.

“Despite all this, I continue to believe in the social contract that in my mind is synonymous with public schools and public good. I continue to believe that California will at some point fulfill that contract. I believe this most consciously when I go back to Westchester and reflect on my formative two years in school there. In the good life there is such a thing as a good fight, and it is not over.“

Late night talk show host Seth Meyers Reviews Betsy DeVos on civil rights enforcement.

She promises to adhere to the letter of the law but makes clear that her goal is to guy civil rights enforcement.

Since the protection of LGBT students is not written into law, she will deep-six it.

As Meyers shows, she is very concerned about discrimination against white men. An overlooked and much abused minority.

Today, the NAACP released a statement (“issue guidance”) opposing the use of a single standardized test score to determine students’ promotion or graduation.

Instead, issue guidance calls for multiple measures.

Julian Vasquez Heilig, who attended the national convention of the NAACP as a delegate from California, released the issue brief on his blog, “Cloaking Inequity.”

I encourage the NAACP to delve further into the misuse of standardized testing, which is scored on a normal curve and should never be used to make high-stakes decisions about promotion or high school graduation, not even as part of multiple measures.

Thanks to Fred Smith for sending a sharper, clearer video of Dr. Martin Luther King Jr.’s magnificent speech, “I Have a Dream.” In addition to its clarity, it also has captions.

In these troubled times, beware the reactionaries who claim that Dr. King wanted only a color-blind society, where children needed nothing more than to be judged by the content of their character, not the color of their skin. The March on Washington was a march for jobs, a march for basic freedoms, like the right to vote, and a march for justice and equality of opportunity. Dr. King reminded us that 100 years after the Emancipation Proclamation, black Americans were still not free. Given our nation’s embrace of mass incarceration, millions of black Americans are literally not free, and millions more worry about excessive use of force by police.

Today, as the Trump administration plans to abandon affirmative action and desegregation, the movement for equality has been dealt a grievous blow. As it is poised to appoint another justice to the Supreme Court, all the gains of the civil rights movement of the past six decades are in jeopardy.

The March was funded by a coalition of civil rights groups and labor unions.

Please note that Bayard Rustin, the great intellect and strategist of the civil rights movement, can be seen at King’s side. Rustin was a pacifist and a brilliant writer. He was gay, and he was frequently pushed aside or hidden for fear he would hurt the movement. He went to propison during World War 2 as a conscientious objector. He was no coward. He risked his life repeatedly in demonstrations and protests. He was a beloved friend, who performed a capella in my home in a fundraiser for the Young People’s Socialist League. I am proud to have known this great man.