Archives for category: Civil Rights

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.

One of the greatest speeches in American history was delivered by Dr. Martin Luther King, Jr. on August 28,1963,on the Mall in Washington, D.C.

You can watch and listen here.

Much better than reading it is hearing it.

I was somewhere in the back of the crowd with my husband. I was 25 years old.

What would Dr. King say about Donald Trump and Jefferson Beauregard Sessions?

The Trump administration has officially abandoned affirmative action, having decided that African Americans and Latinos no longer need any additional breaks and can pull themselves up by their own shoelaces.

Trump forgot that his son-in-Law Jared Kushner was the beneficiary of affirmative action. As detailed by journalist Daniel Golden in a book about preferential treatment for rich boys, Kushner’s dad gave Harvard a couple of million dollars, although no one in the family ever went to Harvard. This cleared the way for Jared’s admission, who vaulted over better qualified applicants from the same high school. Golden’s Book is called “The Price of Admission: How America’s Ruling Class Buys Its Way into Elite Colleges—and Who Gets Left Outside the Gates.”

I’m not sure how Donald got into the Wharton School. It surely wasn’t grades or brains or even athletic skills (remember that the bone spur in his foot enabled him to avoid the Vietnam draft, his fifth deferment).

The story begins:

WASHINGTON — The Trump administration will encourage the nation’s school superintendents and college presidents to adopt race-blind admissions standards, abandoning an Obama administration policy that called on universities to consider race as a factor in diversifying their campuses, Trump administration officials said.

Last November, Attorney General Jeff Sessions asked the Justice Department to re-evaluate past policies that he believed pushed the department to act beyond what the law, the Constitution and the Supreme Court had required, Devin M. O’Malley, a Justice Department spokesman said. As part of that process, the Justice Department rescinded seven policy guidances from the Education Department’s civil rights division on Tuesday.

“The executive branch cannot circumvent Congress or the courts by creating guidance that goes beyond the law and — in some instances — stays on the books for decades,” Mr. O’Malley said.

The Supreme Court has steadily narrowed the ways that schools can consider race when trying to diversify their student bodies. But it has not banned the practice.

Now, affirmative action is at a crossroads. The Trump administration is moving against any use of race as a measurement of diversity in education. And the retirement of Justice Anthony M. Kennedy at the end of this month will leave the court without its swing vote on affirmative action and allow President Trump to nominate a justice opposed to a policy that for decades has tried to integrate elite educational institutions.

A highly anticipated case is pitting Harvard against Asian-American students who say one of the nation’s most prestigious institutions has systematically excluded some Asian-American applicants to maintain slots for students of other races. That case is clearly aimed at the Supreme Court.

“The whole issue of using race in education is being looked at with a new eye in light of the fact that it’s not just white students being discriminated against, but Asians and others as well,” said Roger Clegg, president and general counsel of the conservative Center for Equal Opportunity. “As the demographics of the country change, it becomes more and more problematic.”

The Obama administration believed that students benefit from being surrounded by diverse classmates, so in 2011, the administration offered schools a potential road map to establishing affirmative action policies that could withstand legal scrutiny. The guidance was controversial at the time that it was issued, for its far-reaching interpretation of the law. Justice officials said that pages of hypothetical scenarios offered in the guidance were particularly problematic, as they clearly bent the law to specific policy preferences.

In a pair of policy guidance documents, the Obama Education and Justice departments told elementary and secondary schools and college campuses to use “the compelling interests” established by the court to achieve diversity. They concluded that the Supreme Court “has made clear such steps can include taking account of the race of individual students in a narrowly tailored manner.”

The Trump administration’s decisions on Tuesday brought government policy back to the George W. Bush administration guidances. The Trump administration did not formally reissue Bush-era guidance on race-based admissions, but, in recent days, officials did repost a Bush administration affirmative action policy document online.

That document states, “The Department of Education strongly encourages the use of race-neutral methods for assigning students to elementary and secondary schools.”

For the past several years, that document had been replaced by a note declaring that the policy had been withdrawn. The Bush policy is now published in full, with no note attached. It reaffirmed its view in 2016 after a Supreme Court ruling that said that schools could consider race as one factor among many.

In that case, Fisher v. University of Texas at Austin, a white woman claimed she was denied admission because of her race, in part because the university had a program that admitted significant numbers of minorities who ranked in the top 10 percent of their class.

“It remains an enduring challenge to our nation’s education system to reconcile the pursuit of diversity with the constitutional promise of equal treatment and dignity,” Justice Kennedy wrote for the 4-3 majority.

The Trump administration’s plan would scrap the existing policies and encourage schools not to consider race at all. The new policy would not have the force of law, but it amounts to the official view of the federal government. School officials who keep their admissions policies intact would do so knowing that they could face a Justice Department investigation or lawsuit, or lose federal funding from the Education Department.

A senior Justice Department official pushed back against the idea that these decisions are about rolling back protections for minorities. He said they are hewing the department closer to the letter of the law.

He noted that rolling back guidance is not the same thing as a change of law, so that the decision to rescind technically would not have a legal effect on how the government defends or challenges affirmative-action related issues.

The move comes at a moment when conservatives see an opportunity to dismantle affirmative action.
Attorney General Jeff Sessions has said his prosecutors will investigate and sue universities over discriminatory admissions policies. And the conservative-backed lawsuit against Harvard is being pushed by the same group, the Project on Fair Representation, that pressed Fisher.

Watch this powerful 2-minute video, in which civil rights leader Jitu Brown tells the dramatic story of the Dyett hunger strike in Chicago, which lasted 34 days and compelled the city to keep Dyett open and invest $16 Million in the new Dyett.

Jitu Brown leads the Journey for Justice, which is leading a national campaign to stop school closings, privatization, and charter schools. They are fighting to create thousands of community schools.

This video was created by videographers Michael Elliot and Kemala Karmen. It was funded by the Network for Public Education.

 

Bryan, Texas, has been under investigation by the Office for Civil Rights at the U.S. Department of Education because black students are almost four times more likely to be punished than white students for the same offense.

Then, as ProPublica reports, Betsy DeVos came into office and began rolling back civil rights protections.

In Bryan, a 13-year-old girl was sent to juvenile detention and locked up for three days.

Read here to learn why she was locked up and how the DeVos regime is cutting back on civil rights enforcement. 

 

 

This was posted by Politico Morning Education.

I don’t know which outrages me more:

1) the administration’s efforts to link the massacre at Marjory Stoneman Douglas High School to the Obama guidelines that sought to reduce disparate punishment based on race. As Politico points out, there is no evidence to connect the Obama guidelines with the shooting.

2) the statement that Betsy DeVos opened every meeting yesterday with an acknowledgement of the anniversary of Dr. Martin Luther King’s assassination, and the suggestion that she was engaged in fulfilling his life’s work. What Chutzpah! She has been trying to slash the budget of the Education Department’s Office for Civil Rights and appointed a woman to run it who is opposed to its mission.

Politico writes:

KEY TAKEAWAYS FROM THE GAO’S SCHOOL DISCIPLINE REPORT: The GAO released fresh evidence Wednesday that black students, boys and students with disabilities are all disproportionately disciplined in the nation’s public schools. The report, based on data from the 2013-14 school year, comes as Education Secretary Betsy DeVos mulls a repeal of Obama-era discipline guidance aimed at curbing such disparities. The numbers in the report are jarring. Black students by far bear the brunt of every type of discipline – from in-school suspensions to expulsions and school-related arrests. For example: While black students accounted for 15.5 percent of all public school students, they represented about 39 percent of students suspended from school. Here are some of the key takeaways:

– Boys overall were more often disciplined than girls, but the pattern of disproportionate discipline affected both black boys and black girls – the only racial group for which both sexes were disproportionately disciplined in every way: In-school and out-of-school suspensions, expulsion, corporal punishment, referral to law enforcement and school-related arrests.

– Minority students with disabilities are hit especially hard. Nearly a quarter – 23 percent – of black students with disabilities were suspended from school. More than 20 percent of American Indian and Alaskan Native students with disabilities were suspended from school. More than 25 percent of students who identify as two or more races and have disabilities were suspended.

– Poverty is a factor: The GAO found that when there were greater percentages of low-income students in a school, there were generally significantly higher rates of all types of discipline. But black students, boys and students with disabilities were still disciplined disproportionately, regardless of the level of school poverty. And, as was the case in every type of school, black students bore the brunt of it. In high-poverty schools, they were overrepresented by nearly 25 percentage points in suspensions from school, according to the report.

– The disparities can be a drag on the economy . The GAO report notes that research has shown that students who are suspended from school are less likely to graduate on time and more likely to drop out and become involved in the juvenile justice system. “The effects of certain discipline events, such as dropping out, can linger throughout an individual’s lifetime and lead to individual and societal costs,” the report said. It pointed to one study of California youth that estimated that students who dropped out of high school because of suspensions would cost the state about $2.7 billion. Another study the GAO referenced estimated that Florida high school students who drop out earn about $200,000 less over their lifetimes.

MEANWHILE AT ED: DeVos is considering scrapping Obama-era school discipline guidance meant to curb racial disparities. The secretary on Wednesday heard from both supporters and opponents of the guidance, according to meeting participants from two separate closed-press listening sessions. Nathan Bailey, a department spokesman, said that no policy decision has been made on the guidance. He added that the department has held 11 other listening sessions on the topic. Wednesday’s discussions were the first in which DeVos has taken part, Bailey said.

– DeVos opened each of the meetings by noting the 50th anniversary of the assassination of Dr. Martin Luther King Jr. and highlighting the continued need to achieve the full realization of his life’s work, the department said. “She discussed the clear problem, revealed both in the data and in the stories told, of disparate treatment in discipline,” according to a department readout. “She welcomed the participants to share their perspectives on how to best protect all students’ civil rights and promote positive school climates, and asked how the current approach is helping or hurting those efforts.” Mel Leonor has the full story.

– View details about the meeting and participants here. In a statement after the meeting, the department said: “At the request of many of the participants, the sessions were closed to the press to protect the identities of participants who fear retaliation, are in active litigation or shared deeply personal stories involving family members and/or minors. Each session took place in the Secretary’s Conference Room to foster a candid exchange between the Secretary and stakeholders who presented varying perspectives on how school discipline policies should or should not change.”

– Repeal of the guidance has been under consideration for months, but interest in it was renewed following the Feb. 14 shooting at Marjory Stoneman Douglas High School in Parkland, Fla., that left 17 dead. Some congressional Republicans have said the Obama-era school discipline policies contributed to law enforcement’s failure to identify and stop the school shooter. The White House targeted the guidance for repeal in its school safety plan – making it a key focus of the school safety commission created by President Donald Trump and chaired by DeVos. But as POLITICO reported last month, there’s no evidence to suggest that those policies had anything to do with the massacre in Parkland.

– The GAO report provides evidence that the guidance should remain in place, said Rep. Bobby Scott (D-Va.), the ranking member of the House Education and the Workforce Committee. Scott and Rep. Jerry Nadler (D-N.Y.), the ranking member of the House Judiciary Committee, requested the GAO investigate school discipline. The report “dispels claims that racially disproportionate rates of discipline are based solely on income,” Scott said in a statement. “This report underscores the need to combat these gross disparities by strengthening, not rescinding, the 2014 Discipline Guidance Package, which recommends specific strategies to reduce the disparities without jeopardizing school safety.”

 

The Schott Foundation is one of the few philanthropies that unabashedly supports public education and recognizes its importance in a democracy. Schott has supported the civil rights group, Journey for Justice, whose leader Jitu Brown has a powerful voice. (Jitu is a member of the board of the Network for Public Education.)

Schott underwrote the production of a video about the work of J4J. 

“Schott grantee partner Journey for Justice Alliance released a compelling short documentary chronicling the fight against education reform in the age of Trump and DeVos. Beyond the rhetoric coming from DC, for years Journey for Justice has been raising the voices of those most impacted by budget cuts and privatization. Following J4J’s cross-country trip from Detroit to Washington, D.C. to oppose Betsy DeVos’ appointment as Education Secretary in early 2017, this film not only shows the profound hurt that these policy changes cause, but the inspiring organizing done to resist them.

“As J4J National Director Jitu Brown is led away from the Senate hearing room, he says “it’s an act of cowardice to run toward privatization and away from equity. We are as far away from Brown v. Board as we were in 1957.”

“Film Description:

“Many are voicing concerns that Education Secretary Betsy DeVos is unqualified, motivated by profit, and advancing a harmful agenda.

“Over a year ago, we organized a group of parents, educators, and students to travel from Detroit to Washington to raise their voices at DeVos’ confirmation hearing. We came to advocate for a public education system based on equity and democracy. We came because we had already lived with the consequences of policies that undermine those values, policies that DeVos had advocated for in Michigan. We came to speak truth to power and we were silenced—shut out.

“Please watch and share this 30 minute documentary made by 180.”

 

This 6-Minute video is worth your time. Watch frustrated Members of the House Appropriations Committee (not the Senate) try to get Betsy DeVos to answer questions with a “yes” or “no.”

She tries to snow them with long-winded, evasive answers. They ask again and again. She smiles as she bobs and weaves. She is neither stupid nor incompetent. She is evasive. She is evasive because she doesn’t want to admit her real intentions.

The first questioner, Congresswoman Rosa DeLauro of Connecticut, is the Democratic leader of the Committee. When Democrats were in control, she was chair of the committee. She wants to know why DeVos is pre-emptying states that are trying to protect their college students from predatory debt collectors. She has DeVos over a barrel. Does DeVos support the right of states to write stronger consumer protections than the federal government, which under a DeVos is eliminating those protections? DeLauro demands a yes or no.

This battle of wills is fierce.

When you see how haughty and arrogant DeVos is in responding to the Committee that oversees appropriations for her Department, you will understand why 99% of the DeVos budget was rejected by Congress.

Another member of the Committee wanted to know whether private schools receiving federal dollars would be required to respect the rights of LGBT students. That’s another tug of war. Getting zdeVos to answer a straightforward question with a one word answer is like pulling teeth. The DeVos Family foundations support anti-gay organizations, and her mother and brother Erik Prince were founders and major donors to the Family Research Council. No doubt she has thought of a way to weasel out of that commitment. The last thing she would ever do is tell an evangelical school that to remove its ban on LGBT students.