Archives for category: Corruption

Mimi Swartz writes in Texas Monthly that the Dobbs decision banning abortion has unleashed a broad assault on freedom in Texas. And it will get much, much worse as long as Greg Abbott, Dan Patrick, and Ken Paxton remain in office.

I guess you could say that Texas giveth and Texas taketh away. For those too young to recall, the abortion-rights case Roe v. Wade was won in 1973 by two attorneys from the state, Sarah Weddington and Linda Coffee. But from virtually the moment abortion became legal in all fifty states, some lawmakers here, and their supporters who opposed abortion rights, started chipping away at it. Half a century later, our Legislature had passed some of the most restrictive laws in the nation—and that was before Roe fell. Now that the U.S. Supreme Court has taken Roeaway, with a 6–3 majority in Dobbs v. Jackson Women’s Health Organization, some Texas leaders seem eager to exploit the opportunities that the ruling offers for further rollbacks of reproductive and sexual freedoms. Attorney General Ken Paxton’s office released employees from work early on the day of the decision to celebrate, declaring June 24 a new, annual agency holiday “to commemorate the sanctity of life.”

What could come next? Just about everything is on the table. Criminal penalties? They’ll be much stiffer, not just for those who aid Texans in getting abortions, but possibly for abortion-seekers themselves. Abortion pills? They were banned from sale for those more than seven weeks pregnant during last year’s legislative session. Enforcement mechanisms, however, are unclear. Most such medications arrive by mail from other states and countries, and U.S. Attorney General Merrick Garland has said that states “may not ban mifepristone based on disagreement with the FDA’s expert judgment about its safety and efficacy,” suggesting that court battles lie ahead. Limits on contraception? You betcha. The same privacy rights that the Supreme Court overturned in the Dobbscase underlie what we have for decades considered the right to contraception and private sex acts between consenting adults—and, more recently, same-sex marriage. Indeed, just as the 2022 Texas GOP platform embraces “the humanity of the preborn child,” it also calls homosexuality “an abnormal lifestyle choice.” Paxton told an interviewer he was “willing and able” to defend a Texas law—which was overturned by the Supreme Court’s Lawrence v. Texas decision—that bans gay sex.

Texas statutes that predate Roe but were never overturned by the Legislature are now in effect, prohibiting all abortions except “for the purpose of saving the life of the mother.” A miscarriage could now be a death sentence for those whose doctors are averse to litigation or, worse—under the “trigger law” that takes effect thirty days after the Court’s ruling—to arrest on felony charges and a possible prison sentence, along with fines starting at $100,000. “It is kind of astounding that we are at a point where Roe will be overturned, but that won’t be enough,” said Democratic state representative Donna Howard, chair of the Texas Women’s Health Caucus. “The concern is that there will be those who will not only want to criminalize those who are seeking abortion but will use this as an opportunity to roll back access to contraceptives and other advancements that were made that the underlying privacy protection of Roe also supports.” While the law does not prohibit someone from ending their own pregnancy, a South Texas woman, Lizelle Herrera, was arrested and jailed earlier this year for ending hers, and the charges were dropped only after the case became a national controversy.

Unless you subscribe to The Texas Monthly as I do, you can’t read any more. Sadly, the rightwing fascists now running state government are flexing their muscles to stamp out the freedom of anyone they don’t like. Maybe everyone should subscribe to the Texas Monthly to see how low our nation can fall when mean-spirited bigots take control. It’s hard to believe that the same state elected the great Ann Richards as its governor. She was a strong, full-bore Texas liberal, who hated racism, sexism, and everything else that Greg Abbott represents.

John Merrow sees a common thread in the educational philosophies of Hitler, Stalin, Castro and most red state governors: They want to control the beliefs of students. They want them to believe what they are told. They do not want them to think for themselves. They want to indoctrinate students. They “weaponize schools” by using them for thought control.

This is an important article. It shows how governors like Florida’s Ron DeSantis are not interested in freedom of thought but in censorship. He and his confreres are moving us ever closer to fascism.

Merrow begins:

“Whoever has the youth has the future.” Adolf Hitler

“Education is a weapon, whose effect depends on who holds it in his hands and at whom it is aimed.” Josef Stalin

“Revolution and education are the same thing.” Fidel Castro

Like Hitler, Stalin, Mao Tse Tung, and Fidel Castro, Vladimir Putin is following a well-trod path, using Russia’s 40,000 schools to train all Russian children to believe what they are told and follow orders. Here in some American states, public schools are also being weaponized, but in different ways….

Here in the United States, public education and public school teachers are squarely in the sights of some Republican politicians. Instead of echoing Putin or Hitler, they are waving the flag of “Parents’ Rights.”

Among the Republicans waging what should properly be called a war against public education are Governors Ron DeSantis of Florida, Bill Lee of Tennessee, Kay Ivey of Alabama, Greg Abbott of Texas, Brian Kemp of Georgia, Kristi Noem of South Dakota, Glenn Youngkin of Virginia, Doug Ducey of Arizona, Tate Reeves of Mississippi, Brad Little in Idaho, Eric Holcomb in Indiana, and Kim Reynolds of Iowa.

They are eagerly copying Glenn Youngkin, the conservative who was elected Virginia’s governor in 2021 largely because he presented himself as a staunch defender of parents and their children–and by extension the entire community–against ‘indoctrination’ by leftist teachers who, Youngkin said, were making white children feel guilty about being white.

So-called “Critical Race Theory” is not taught in public schools, but that’s not stopping the politicians from using it as a whipping boy. Florida’s DeSantis put it this way: “Florida’s education system exists to create opportunity for our children. Critical Race Theory teaches kids to hate our country and to hate each other. It is state-sanctioned racism and has no place in Florida schools.” And Florida has now banned a number of math textbooks, accusing the publishers of trying to indoctrinate children with Critical Race Theory.

A blogger who’s particularly upset, Michael McCaffrey, put it this way:

“Indoctrinating children with CRT is akin to systemic child abuse, as it steals innocence, twists minds, and crushes spirits. Parents must move heaven and earth to protect their children, and they can start by coming together and rooting out CRT from their schools by any and all legal means necessary.”

In the name of “defeating” CRT, Tennessee’s Governor Bill Lee has invited Hillsdale College, a conservative Christian institution based in Michigan, to create 50 charter schools in Tennessee with public funds, including $32 million for facilities. As the New York Times reported, Governor Lee believes these schools will develop “informed patriotism” in Tennessee’s children.

It’s not just CRT. Republican politicians are also campaigning against transgender athletes, transgender bathrooms, mental health counseling, any discussion of sexuality, and the “right” of parents to examine and veto school curriculums. While I have written about these issues here, it’s important to remember that less than 2% of students identify as transgender or gender-fluid…

It’s not difficult to connect the dots: Republicans are attacking public schools, accusing them of ‘grooming’ their children to be gay, of making white children ashamed of their race, of undermining American patriotism and pride, and more. One goal is to persuade more parents to home-school their children, or enroll them in non-union Charter Schools, or use vouchers to pay non-public school tuition. Public school enrollment will drop, teachers will be laid off, teacher union revenue will decline, and less money will flow to Democrats.

But it seems to me that their real target is not parents but potential voters who do not have any connection with public education. Remember that in most communities about 75% of households do not have school-age children; many of these folks are older, and older people vote! If Republicans can convince these potential voters that schools cannot be trusted, they will win.

And Republicans seem to be winning. Teacher morale is low, and teachers are leaving the field in droves. Florida and California will have significant teacher shortages this fall, and one state, New Mexico, had to call in the National Guard to serve as substitutes. Enrollment is declining at institutions that train their replacements, and student enrollment in New York, Chicago, and Los Angeles public schools dropped for the second consecutive year.

I began by contrasting the approach of dictators like Putin, Hitler and Stalin with the strategies being employed by Republican politicians. However, there are also disturbing similarities. Florida’s DeSantis, now polling strongly for the 2024 Republican presidential nomination, recently signed legislation requiring public high schools to devote 45 minutes to teaching students about “the victims of Communism.”

Florida has also passed two bills limiting classroom conversations about race and racism and restricting younger students’ access to lessons on sexual orientation and gender identity, but Florida is not alone. The newspaper Education Week reports that fifteen states have passed similar legislation over the past year, and 26 others have introduced bills attempting to restrict these lessons.

Forbidding discussion of Topic X and mandating discussion of Topic Y:  That’s exactly what Mao, Hitler, Stalin, and Castro did, and it’s precisely what Putin is now doing.  

Please post your thoughts here: https://themerrowreport.com/2022/07/29/weaponizing-public-schools/

In the past few years, we have seen the rise of something called the “parental rights” movement. This movement consists of angry white parents, mostly women, like “Moms for Liberty” and “Parents Defending Freedom,” who insist that they as parents have the “right” to decide what their children are taught in school and what books they read. They strenuously object to teaching about race and racism, which they say makes their children “uncomfortable.” They believe that teachers are “grooming” their children to be gay or transgender by teaching them about gender or sexuality. Of course, if the last were true, almost everyone would now be transgender, since most students have taken a sex-ed course at some point, focused mainly on health.

In response to the outcry from these groups, a number of states, led by Florida and Virginia, have passed laws they describe as “parental rights” laws, which ban the teaching of “divisive concepts” because they make students “uncomfortable.” The most “divisive” concept of all is “critical race theory,” which states ban. Since legislators don’t know what critical race theory is, their laws are meant to remove any teaching about race and racism from the curriculum.

Bottom line: only white parents have parental rights.

But what about Black parents? Do they have rights? Apparently not.

What about other parents who do not identify with angry white parents? Don’t their children have the right to learn an accurate history of the state, the U.S., and the world?

Why do Moms for Liberty get to define what all parents want?

Shouldn’t Black children learn about the history of race and racism?

Why shouldn’t all students learn accurate history, even if it makes them “uncomfortable”?

Why should a small subset of far-right fringe white parents get the power to censor what everyone else is taught and is allowed to read?

These “parental rights” laws are a paper-thin veneer for censorship, gag orders, lies and propaganda. They are the product of arrogant racists who can’t be bothered to hide their venomous racism.

They prefer ignorance to knowledge. They should not be allowed to impose their hateful ideology on others.

Florida is led by a Republican governor and legislature determined to crush public schools. The state is overrun by unregulated voucher schools, where teachers and principals need no certification. Some of these openly discriminate and indoctrinate. The Orlando Sentinel ran a series about the voucher schools called “schools without rules.”

Florida has a thriving charter industry, many of them operated by for-profit corporations.

Now the state has passed a new law making it easier to open new charter schools and suck money out of the public schools.

As this rampant privatization continues, Governor DeSantis keeps up a barrage of attacks on public schools and their teachers, accusing them of “indoctrinating” their students with anti-racist views and “grooming” children to be transgender.

Please watch CNN at 11 PM tonight EST for a rerun of their powerful program about two Texas billionaires who want to replace public schools with religious schools.

The program is: DEEP IN THE POCKETS OF TEXAS.

Please post your comments here.

Vladimir Kara-Murza has been in prison since April because he opposes Putin’s war against Ukraine. He faces a sentence of up to 15 years because he called Putin’s “special military operation” what it is: a war. He is a contributor to the Washington Post.

PRETRIAL DETENTION CENTER 5, Moscow — One morning last week, the prison guard called my name through the cell door: “Be ready in 10 minutes. There’s a commission to see you.”

There are many inspections that pass through this prison, but this one was different. Sitting at the center of a long table and flanked by the prison warden and other uniformed officials was Tatyana Potyaeva, the human rights ombudswoman for the city of Moscow. “Quite a few people have inquired about you,” she said. Looking through her folder, she mentioned Natalia Solzhenitsyna, the widow of Nobel Prize-winning writer Alexander Solzhenitsyn, as well as Dmitry Muratov, editor of the now-closed Novaya Gazeta newspaper and co-recipient of the 2021 Nobel Peace Prize. “So I wanted to see how you were.”

I was fine, I said, as I do to every visiting commission — adding that my only complaint was over being imprisoned for my political views in the first place. My conditions are okay. I know they must certainly be better than what my grandfather experienced when he was arrested on “anti-Soviet” charges in 1937 before being sent to the gulag. He survived that (and went on to serve in World War II, earning some of the highest military decorations). I can certainly survive this.

I did have one request for the ombudswoman, though. On Sept. 11, Moscow will hold municipal elections for some 1,400 district council seats across the city. Until I am convicted, I still enjoy my voting rights. The prison where I am held is only a 40-minute drive from my home and my polling place in downtown Moscow — so I said I wanted to exercise my right to vote. The ombudswoman promised to look into it.

“Voting rights,” of course, is a difficult phrase in Vladimir Putin’s Russia. For years, our elections have been deprived of any real meaning. Politicians who posed a genuine challenge to the Kremlin have been murdered, imprisoned or pushed into exile. Some opposition parties have been banned. Independent media outlets have been shut down. And, on top of all that, the authorities have introduced a variety of electoral “reforms” that are clearly designed to allow manipulation of the results.

But even when your vote does not affect the results, it’s still important to express your voice. Years ago, I visited the former Gestapo headquarters in Cologne, Germany, which now houses a museum of national socialism. Among its exhibits is a ballot from one of the many plebiscites held in 1930s Germany to demonstrate universal support for the Führer. Someone had carefully put a cross next to the word “Nein” — “No.” I remember looking at that ballot and thinking that, even though the person who used it might not have changed the course of history, he or she took a step to reject the crimes committed with the complicity of the supportive or silent majority.

Since Putin’s invasion of Ukraine in February, more than 16,380 Russians have been detained at antiwar protests across the country. More than 2,400 have been charged with administrative offenses for speaking out against the war. Dozens, including me, have been arrested under a new Criminal Code clause that penalizes public opposition to the war by up to 15 years’ imprisonment. Earlier this month, a Moscow court sentenced municipal lawmaker Alexei Gorinov to seven years in prison for denouncing the war on Ukraine at his district council meeting. In the same period since the start of the war, some 150,000 people have chosen to simply flee Russia.

But there are many more people in this country who oppose Putin’s war on Ukraine — yet aren’t prepared to risk years in prison by speaking out publicly. (The situation that, I believe, would be true of most societies.) And that is why September’s elections matter. Residents of the capital will have a chance to take a stand on the situation just an hour’s flight away from Moscow, where cities continue to be bombed and people continue to die every day as a result of Putin’s imperial ambitions. Putin’s own United Russia party has placed support for the war — still euphemistically referred to by the state media as a “special military operation” — at the center of its municipal campaign platform. Meanwhile, the so-called official opposition parties, such as the Communists or Just Russia, seem to be competing to show who can be the loudest at expressing support.

The one exception is Yabloko, Russia’s veteran liberal party. It has managed to retain access to the ballot in Moscow, and it opposes Putin’s war on Ukraine. Some of its leading members, including journalist and historian Lev Shlosberg and Moscow municipal lawmaker Andrei Morev, have been fined for making public antiwar statements. In September, Yabloko will be fielding candidates across Moscow, and even though they won’t be able to say much because of the new laws criminalizing antiwar speech, the party’s stance is well known. “Our stand for peace is a matter of principle,” said Maxim Kruglov, a member of the Moscow City Duma and Yabloko’s campaign coordinator. The word “peace” is still legal in Russia, at least for now.

In a few weeks, Muscovites will get a rare chance to say “no” to dictatorship and aggression, as that anonymous German did with their ballot. I may have few rights in a Russian prison, but that is one I am certainly intending to exercise.

The New York Times brings news that is not new to anyone who reads this blog. A movement is rising to revive Christian domination of public and private life, and it is a movement fueled by racists. It is specifically opposed to the separation of church and state, and it seeks to destroy public education, ban abortion, censor teaching about race and racism, as well as gender and sexuality.

This movement was behind Trump’s election and used this irreligious man as their instrument to gain power and control of the Supreme Court.

The article begins:

Three weeks before he won the Republican nomination for Pennsylvania governor, Doug Mastriano stood beside a three-foot-tall painted eagle statue and declared the power of God.

“Any free people in the house here? Did Jesus set you free?” he asked, revving up the dozens before him on a Saturday afternoon at a Gettysburg roadside hotel.

Mr. Mastriano, a state senator, retired Army colonel and prominent figure in former President Donald J. Trump’s futile efforts to overturn the state’s 2020 election results, was addressing a far-right conference that mixed Christian beliefs with conspiracy theories, called Patriots Arise. Instead of focusing on issues like taxes, gas prices or abortion policy, he wove a story about what he saw as the true Christian identity of the nation, and how it was time, together, for Christians to reclaim political power.

The separation of church and state was a “myth,” he said. “In November we are going to take our state back, my God will make it so.”

Mastriano, the Republican candidate for Governor of Pennsylvania, participated in the January 6 Insurrection.

Mr. Mastriano’s ascension in Pennsylvania is perhaps the most prominent example of right-wing candidates for public office who explicitly aim to promote Christian power in America. The religious right has long supported conservative causes, but this current wave seeks more: a nation that actively prioritizes their particular set of Christian beliefs and far-right views and that more openly embraces Christianity as a bedrock identity.

Many dismiss the historic American principle of the separation of church and state. They say they do not advocate a theocracy, but argue for a foundational role for their faith in government. Their rise coincides with significant backing among like-minded grass-roots supporters, especially as some voters and politicians blend their Christian faith with election fraud conspiracy theories, QAnon ideology, gun rights and lingering anger over Covid-related restrictions.

Their presence reveals a fringe pushing into the mainstream.

“The church is supposed to direct the government, the government is not supposed to direct the church,” Representative Lauren Boebert, a Republican representing the western part of Colorado, said recently at Cornerstone Christian Center, a church near Aspen. “I’m tired of this separation of church and state junk.” Congregants rose to their feet in applause.

Some states may become inhospitable for non-Christians and for Christians who don’t believe in compelling everyone else to worship their way.

The Founding Fathers most certainly believed in separating church and state. They most certainly wanted a secular, non-religious state. They were well aware of the carnage in Europe that resulted from religious wars and persecution. This new nation was meant to be free of state-sponsored religion.

Those who now seek to obliterate the separation of church and state and to impose their religion on others are rejecting the inheritance and wisdom of the Founding Fathers.

Katherine Stewart is an expert on Christian Nationalism who has researched its history, attends their conferences, and writes about their determination to destroy our freedoms. Read her recent book “The Power Worshippers.”

Her latest article in The New York Times reports on their recent dramatic gains.

She writes:

The shape of the Christian nationalist movement in the post-Roe future is coming into view, and it should terrify anyone concerned for the future of constitutional democracy.

The Supreme Court’s decision to rescind the reproductive rights that American women have enjoyed over the past half-century will not lead America’s homegrown religious authoritarians to retire from the culture wars and enjoy a sweet moment of triumph. On the contrary, movement leaders are already preparing for a new and more brutal phase of their assault on individual rights and democratic self-governance. Breaking American democracy isn’t an unintended side effect of Christian nationalism. It is the point of the project.

A good place to gauge the spirit and intentions of the movement that brought us the radical majority on the Supreme Court is the annual Road to Majority Policy Conference. At this year’s event, which took place last month in Nashville, three clear trends were in evidence. First, the rhetoric of violence among movement leaders appeared to have increased significantly from the already alarming levels I had observed in previous years. Second, the theology of dominionism — that is, the belief that “right-thinking” Christians have a biblically derived mandate to take control of all aspects of government and society — is now explicitly embraced. And third, the movement’s key strategists were giddy about the legal arsenal that the Supreme Court had laid at their feet as they anticipated the overturning of Roe v. Wade.

They intend to use that arsenal — together with additional weaponry collected in cases like Carson v. Makin, which requires state funding of religious schools if private, secular schools are also being funded; and Kennedy v. Bremerton School District, which licenses religious proselytizing by public school officials — to prosecute a war on individual rights, not merely in so-called red state legislatures but throughout the nation.

Although metaphors of battle are common enough in political gatherings, this year’s rhetoric appeared more violent, more graphic and more tightly focused on fellow Americans, rather than on geopolitical foes.

“The greatest danger to America is not our enemies from the outside, as powerful as they may be,” said former President Donald Trump, who delivered the keynote address at the event. “The greatest danger to America is the destruction of our nation from the people from within. And you know the people I’m talking about.”

Speakers at the conference vied to outdo one another in their denigration of the people that Mr. Trump was evidently talking about. Democrats, they said, are “evil,” “tyrannical” and “the enemy within,” engaged in “a war against the truth.”

“The backlash is coming,” warned Senator Rick Scott of Florida. “Just mount up and ride to the sounds of the guns, and they are all over this country. It is time to take this country back.”

Citing the fight against Nazi Germany during the Battle of the Bulge, Lt. Gov. Mark Robinson of North Carolina said, “We find ourselves in a pitched battle to literally save this nation.” Referencing a passage from Ephesians that Christian nationalists often use to signal their militancy, he added, “I don’t know about you, but I got my pack on, I got my boots on, I got my helmet on, I’ve got on the whole armor.”

It is not a stretch to link this rise in verbal aggression to the disinformation campaign to indoctrinate the Christian nationalist base in the lie that the 2020 election was stolen, along with what we’re learning from the Jan. 6 hearings. The movement is preparing “patriots” for the continuation of the assault on democracy in 2022 and 2024.

The intensification of verbal warfare is connected to shifts in the Christian nationalist movement’s messaging and outreach, which were very much in evidence at the Nashville conference. Seven Mountains Dominionism — the belief that “biblical” Christians should seek to dominate the seven key “mountains” or “molders” of American society, including the government — was once considered a fringe doctrine, even among representatives of the religious right. At last year’s Road to Majority conference, however, there was a breakout session devoted to the topic. This year, there were two sessions, and the once arcane language of the Seven Mountains creed was on multiple speakers’ lips.

The hunger for dominion that appears to motivate the leadership of the movement is the essential context for making sense of its strategy and intentions in the post-Roe world. The end of abortion rights is the beginning of a new and much more personal attack on individual rights.

And indeed it is personal. Much of the rhetoric on the right invokes visions of vigilante justice. This is about “good guys with guns” — or neighbors with good eavesdropping skills — heroically taking on the pernicious behavior of their fellow citizens. Among the principal battlefields will be the fallopian tubes and uteruses of women.

At a breakout session called “Life Is on the Line: What Does the Future of the Pro-Life Movement Look Like From Here?” Chelsey Youman, the Texas state director and national legislative adviser to Human Coalition Action, a Texas-based anti-abortion organization with a national strategic focus, described the connection between vigilantes and abortion rights.

Instead of the state regulating abortion providers, she explained, “You and me as citizens of Texas or this country or wherever we can pass this bill, can instead sue the abortion provider.” Mrs. Youman, as it happens, played a role in promoting the Texas law Senate Bill 8, which passed in May 2021 and allows private citizens to sue abortion providers and anyone who “aids or abets” an abortion. She was exultant over the likely passage of similar laws across the nation. “We have legislation ready to roll out for every single state you live in to protect life regardless of the Supreme Court, regardless of your circuit court.” To be sure, Christian nationalists are also pushing for a federal ban. But the struggle for the present will center on state-level enforcement mechanisms.

Movement leaders have also made it clear that the target of their ongoing offensive is not just in-state abortion providers, but what they call “abortion trafficking” — that is, women crossing state lines to access legal abortions, along with people who provide those women with services or support, like cars and taxis. Mrs. Youman hailed the development of a new “long-arm jurisdiction” bill that offers a mechanism for targeting out-of-state abortion providers. “It creates a wrongful death cause of action,” she said, “so we’re excited about that.”

The National Right to Life Committee’s model legislation for the post-Roe era includes broad criminal enforcement as well as civil enforcement mechanisms. “The model law also reaches well beyond the actual performance of an illegal abortion,” according to text on the organization’s website. It also includes “aiding or abetting an illegal abortion,” targeting people who provide “instructions over the telephone, the internet, or any other medium of communication.”

Mrs. Youman further made clear that Christian nationalists will target the pills used for medication abortions. “Our next big bill is going to make the Heartbeat Act look tame, you guys; they’re going to freak out!” she said. “It’s designed specifically to siphon off these illegal pills.”

Americans who stand outside the movement have consistently underestimated its radicalism. But this movement has been explicitly antidemocratic and anti-American for a long time.

It is also a mistake to imagine that Christian nationalism is a social movement arising from the grassroots and aiming to satisfy the real needs of its base. It isn’t. This is a leader-driven movement. The leaders set the agenda, and their main goals are power and access to public money. They aren’t serving the interests of their base; they are exploiting their base as a means of exploiting the rest of us.

Christian nationalism isn’t a route to the future. Its purpose is to hollow out democracy until nothing is left but a thin cover for rule by a supposedly right-thinking elite, bubble-wrapped in sanctimony and insulated from any real democratic check on its power.

Andrew Van Wagner warns that the neoliberal experiment in Arizona is intended to atomize, indoctrinate, and control the population.

As he writes, if you can dumb people down, you can control them. If you can declare some topics unacceptable in the classroom, like racism, you can indoctrinate them.

Van Wagner writes:

“It’s part of the way of controlling and dumbing down the population, and that’s important.”

“Everyone should fight back against the effort to dumb people down and control people—it’s scary to think that the GOP is turning America into a country where people don’t have enough education to be able to resist the GOP’s legislative and cultural agenda.”

“So the new Arizona law is a fantastic and quintessential and perfect example of neoliberalism. The vision is—as I’ve written about previously—atomization for the general population and lots of society and organization and community for elites.”

“Everyone needs to fight back against the GOP’s attack on education. We can’t afford—in a pivotal period like this—to let the GOP impose atomization and indoctrination and control on the American population.”

Make no mistake: the changes to the federal Charter Schools Program a few days ago was a big win for supporters of public schools and a major defeat for the charter lobby, led by the National Alliance for Public Charter Schools.

The Network for Public Education was proud to lead the fight to reform the Charter Schools Program, which started in 1994 as a tiny program to help jumpstart new charters but turned into a slush fund to pump federal money into giant charter chains like KIPP, IDEA, and Success Academy, all of which are very well funded by their billionaire board members and friends.

The charter lobby, overflowing with cash, bought ads on major television programs to fight the Department’s effort to regulate the federal funding of charters, especially the proposed exclusion of for-profit charter operators. The Network for Public Education did not have millions or even hundreds of thousands to lobby on behalf of public schools. It did not buy any TV or radio time. NPE is funded by the 350,000 friends who contribute small amounts of money to fight privatization. Contrary to the claims of the charter lobby, NPE is not funded by the teachers’ unions. It is funded by parents, teachers, principals, and other citizens who don’t want to lose their public schools.

Carol Burris, executive director of the Network for Public Education, has worked tirelessly to persuade the U.S. Department of Education and members of Congress to require accountability and set rules for the federal Charter Schools Program. She wrote numerous reports, based on government data, to demonstrate the need for oversight. The program receives $440 million a year with no scrutiny, and its waste, fraud, and abuse are legion. Unlike the charter lobby, NPE has a small staff. Carol is the only full-time employee. Her hard work paid off. Despite the millions of dollars spent by the charter lobby to keep the federal dollars flowing without accountability, transparency or oversight, the Department ignored them.

Carol Burris explained the new regulations in a post on Valerie Strauss’s blog “The Answer Sheet” at The Washington Post.

Strauss begins:

The Biden administration is moving to overhaul the federal Charter School Program with new rules finalized last week that make it harder for for-profit organizations to win taxpayer money and require greater transparency and accountability for grant applicants.

The program has awarded billions of dollars in grants over the past several decades for the expansion or opening of charters, which are publicly funded but privately operated, often with little or no public oversight. President Biden said during the 2020 election campaign that he wanted to end federal funding for for-profit charter schools, but the final regulations don’t go that far.

Charter school supporters strongly objected to a draft set of rules released earlier this year, saying they seemed intended to kill the program outright, which the Education Department denied. Nina Rees, president and chief executive officer of the National Alliance for Public Charter Schools, said in a statement that the final regulations appear to be “less harmful than the original proposal,” but added that more analysis of the details was needed.

Critics of the federal Charter School Program said both the draft set of regulation changes and the final versions were important moves to stop waste and fraud in the federal program and provide more transparency to the operation of charters.

Charter advocates say these schools offer necessary choices to families that want alternatives to troubled schools in traditional public school districts. Critics say charter schools drain funding from public school districts that educate the vast majority of children in the United States, and are part of a movement to privatize public education.

The Network for Public Education, an advocacy organization that opposes charter schools, has published several reports since 2019 on the federal program, revealing the waste of hundreds of millions of taxpayer dollars on charter schools that did not open or were shut down. The reports also showed that the Education Department did not adequately monitor federal grants to these schools. You can read about two of those reports here and here. A third report details how many for-profit management companies evade state laws banning for-profit charters.

This post analyzes the final rules that the Education Department released last week — though more details are yet to come. The following was written by Carol Burris, an award-winning New York school principal who is now executive director of the Network for Public Education and who wrote or co-wrote the reports mentioned above. Burris has written extensively about charter schools and other school reform efforts for more than a decade on The Answer Sheet.

By Carol Burris

Last week, efforts to clean up the wasteful federal Charter School Program (CSP) made remarkable progress. First, the fiscal year 2023 House Appropriations bill report not only made cuts to the CSP program budget, it demanded improvements. Then the day after the passage of the bill by the House Appropriations Committee, the long-awaited final regulations for the Charter School Program were published by the Education Department. Although a few concessions were made to the charter lobby, nearly all proposed regulations remained intact from a draft version released earlier this year.

Let’s start with the fiscal year 2023 House Appropriations bill. It reduced the Charter School Program budget by $40 million from President Biden’s request to keep funding for next year the same as this, at $440 million. The bill also called on Congress and the U.S. Education Department to phase out for-profit management organizations, and encouraged further investigations and reforms. In short, it supported the proposed CSP regulations.

During a June 30 hearing on the bill, two amendments — the first to defund the Department of Education’s regulation efforts and the second to restore the $40 million budget cut — were defeated in committee votes.

When Rep. John Moolenaar (R-Mich.) offered his amendment to kill the new regulations by defunding them, (watch beginning at 3:20:37), Rep. Rosa L. DeLauro (D-Conn.), chairman of the committee, expressed her “strong opposition.” She accused the National Alliance of Public Charter Schools of “peddling un-credible exaggerations” and “misrepresentations” to defeat what she characterized as modest reforms. She further stated that they had been “willing to take desperate measures to block accountability and transparency” to protect for-profit education management organizations. She voiced her strong support for reform of the CSP to address long-standing concerns. Moolenaar’s amendment was defeated 32 to 22.

The following day, on July 1, the department held an informational briefing on the final new regulations, the priorities, and the assurances applicants must provide to secure a grant from the Charter School Program (CSP). Following the meeting, three documents were posted here. The first describes the submitted comments and the department’s response to them as well as the new requirements for the three grant programs within the overall CSP (SE, or State Entity; CMO, or charter management organization; and Developer, or charter school developers).

The department received 26,580 comments on the proposed regulations, most of which were generated from letter-writing campaigns. Of all of the comments, 5,770 were unique. According to the department, “the majority [of comments] expressed general support for the regulations and the priorities.”

For those who have long advocated for overhauling the CSP program, here are the significant gains.

Schools managed by for-profits will have a difficult time securing CSP grants and, in some cases, will be excluded from funding.

If an applicant has or will have a contract with a for-profit management company (or a “nonprofit management organization operated by or on behalf of a for-profit entity”), they must provide extensive information, including a copy or description of the contract, comprehensive leadership personnel reporting and the identification of possible related party transactions. Real estate contracts must be reported, and “evergreen contracts” in which there is automatic contract renewal are prohibited. The school cannot share legal, accounting or auditing services with the for-profit. The state entity that awards the grant must publish the for-profit management contract between the awardee and the school.

The final regulations also include the reporting and exposure of the for-profit’s related entities. The Network for Public Education recommended the addition of “related entities” in its comments to the department. Our report, “Chartered for Profit,” explains how for-profit owners create separate corporations with different names to mask the complete control of the for-profit over operations of the school.

Finally, the applicant must assure that “the [for-profit] management company does not exercise full or substantial control over the charter school,” thereby barring any charter school operated by a for-profit with a “sweeps contract” from obtaining CSP funds.

There will be greater transparency and accountability for charter schools, State Entities, and CMOs that apply for grants.

This is probably the most underreported win for those who support charter school reform.

Transparency gains include:

  • An assurance that the grantee holds a public hearing on the proposed or expanded charter school. These hearings must be well advertised and include information on how the school will increase diversity and not promote segregation. Schools are obligated to reach out to the community to encourage attendance and then provide a summary of the hearing as part of the application. These public hearings are required of direct grantees and subgrantees — both SE and CMO.
  • The publication of for-profit management contracts.
  • The publication of the names of awardee schools and their peer-reviewed applications by states and CMOs.
  • A requirement that the school publish information for prospective parents, including fees, uniform requirements, disciplinary practices, transportation plans, and whether the school participates in the national free or reduced-price lunch program.

Accountability gains include:

  • More substantial supervision by state entities of the schools that are awarded grants, including in-depth descriptions of how they will review applications, the peer review process they will use, and how they will select grantees for in-depth monitoring.
  • Restrictions regarding the spending of grants by unauthorized schools. Charter schools not yet approved by an authorizer will be eligible to use planning grant funds; however, they cannot dip into any implementation funds until they are approved and have secured a facility. This new regulation will limit, though not prevent, all funding that goes to charter schools that never open.

Regulations to stop White-flight charters from receiving CSP funding and ensure the charter is needed in the community.

The final regulations are good, but not as strong as initially proposed.

One of the more controversial aspects of the new regulations was the need for the school to conduct a community impact analysis. The charter lobby focused on one example by which a school could show need (district over-enrollment) and used it as a rallying cry to garner opposition to the regulations. In the new regulations, the department clarifies that there are other ways to demonstrate need, including wait lists and offering a unique program. It also eliminated the need for the applicant to provide a district enrollment projection.

The community impact analysis is now called a needs analysis. That analysis must include evidence of community desire for the school; documentation of the school’s enrollment projection and how it was derived; a comparison of the demographics of the school with the area where the students are likely to be drawn; the projected impact of the school on racial and socio-economic district diversity; and an assurance that the school would not “hamper, delay or negatively affect” district desegregation efforts. Applicants would also have to submit their plan to ensure that the charter school does not increase racial segregation and isolation in the school district from which the charter would draw its students.

The department went to great pains to reassure applicants that schools in racially isolated districts would not need to show diversity (this straw man argument had been used by the charter lobby and even some editorial boards to fight the regulations, although the original rules had made that clear). Those schools that are unlikely to be diverse due to the school’s special mission would also have to submit an explanation.

Still, there are some concerns about unintended consequences of the regulations.

With the additional caveat regarding “special mission,” the department is trying to preserve grants to schools that are themed to promote, for example, Native American culture in an area where Native American students are a minority population in the district. That is understandable.

However, White-flight charter schools could skirt the regulation by arguing that their mission is to provide a Eurocentric, classical curriculum.

For example, charter schools opened by Hillsdale College — a small Christian college in Michigan that promotes a “classical” curriculum — are disproportionately White. These schools could claim that their mission appeals to students with European backgrounds and that the strong “anti-CRT” message in their “1776 curriculum” does not appeal to Black families. Although Hillsdale College does not take federal funds, Hillsdale charter schools do. We have identified nearly $7 million awarded to Hillsdale member charter schools up to April 2021. Newer schools have likely secured CSP grants as well.

Priority 2 — which encouraged charter/public school cooperation — was retained but categorized as “invitational” for the 2022 cycle.

The second straw man argument the National Alliance for Public Charters used to fuel their #backoff campaign on the regulations was the claim that charter/public school district cooperative projects were required. They were not. They were a priority, and priorities can be mandated, competitive (assigned a few points), or invitational (looked up favorably but no point value).

As I explained here, it is rare for a priority to be mandated. For example, of the six priorities for the 2022 State Entities grants, only one is required, which is that authorizers use best practices. The department now makes it clear that it is unlikely that charter/district cooperative activity will ever be a mandated priority while leaving the door open to it becoming a competitive priority after the 2022 award cycle.

All regulations, priorities and assurances go into effect for this 2022 grant cycle with one exception: Developer grant applicants, a small program in which individual schools apply, do not have to submit a needs analysis in 2022 only. That is because applications are due shortly.

Summary

Since 2019 when the Network for Public Education issued its reports on the federal Charter School Program, the program has come under increased congressional scrutiny. We have followed up by submitting letters to the department, often co-signed by other groups, demanding reform and exposing abuses of the program.

These new regulations are an essential first step in making sure that fewer tax dollars go to schools that never open, schools that quickly close, and for-profit operators. Unscrupulous individuals who used the program for their enrichment will find it more difficult to do so. State Entities that have pushed money out the door will now be forced to provide more oversight and supervision. And so they should. State Entities get 10 percent of every grant, representing millions of federal dollars, to use for such supervision.

We do not doubt that some applicants will still provide false information, as we found time and time again, but now as all peer-reviewed applications go online, groups such as ours will serve as watchdogs and report falsehoods and misrepresentations to the Office of the Inspector General.

And for all of the charter schools that are fronts for for-profit organizations, the Education Department just put a big sign on the door that says “you need not apply.”