Archives for category: District of Columbia

Veteran prosecutor Joyce Vance shared some good news: the nomination of Ed Martin to be U.S. Attorney in DC is hanging by a thread and may be dead. Senator Thom Tillis of North Carolina interviewed Martin and said he would vote no in the Senate Judiciary Committee because Martin supported the January 6 insurrectionists, even those who assaulted police officers. Since the split on the committee is 12 Republicans and 10 Democrats, Martin’s nomination would not get to the Senate floor. If you live in North Carolina, please call Senator Tillis and thank him.

Vance writes:

Last night, I wrote to you about Ed Martin, Trump’s nominee to be the United States Attorney in Washington, D.C.. Martin, until quite recently, used the handle “Eagle Ed Martin” on Twitter, a reference to his days working for Phyllis Schlafly’s Eagle Forum. Apparently, someone mentioned to him during the last month that the handle wasn’t appropriate for a U.S. Attorney hopeful.

But no whisper in the ear could fix Martin’s other flaws, from utter lack of qualifications and knowledge about how to do the job to flagrant ties to people known for their open antisemitism. Last night, I suggested we all needed to be in touch with our senators on the Martin nomination. Although we still need to do that, the message is different now. That’s because North Carolina Senator Thom Tillis, a Republican who sits on the Senate Judiciary Committee, made it known that he won’t support Martin. 

Before Martin goes to the floor of the Senate for a confirmation vote, he has to make it out of committee. And that’s unlikely to happen now. The Senate Judiciary Committee is made up of 12 Republicans and 10 Democrats. All of the Democrats oppose Martin. With Tillis abandoning him, the best Martin could do is 11-11, and a nominee who receives a tie vote doesn’t advance. For all practical purposes, the outcome of that vote will be a death knell for his nomination.

Martin may end up rewarded for his loyal service to Trump and Musk with another plum job, one that doesn’t require Senate confirmation. But that doesn’t mean we shouldn’t celebrate the moment and the fact that it looks like he won’t be the top law enforcement officer in the District of Columbia. Defeating Martin’s nomination wasn’t a foregone conclusion—far from it. It took lots of research, lots of conversation, and lots of hard work by a lot of people. You never know which issue, or even which call or letter, is going to be the last straw. What matters is that Trump and his plans are not inevitable, and it makes a difference when all of us push back against the horrible as hard as we can.

Tillis told reporters this morning that he is unable to support Martin because of Martin’s support for defendants convicted of committing crimes in connection with January 6. He is certain to face a sustained backlash from MAGA’s inner circle, so if he’s your senator, make sure you thank him, and if your senator is on the Judiciary Committee (that’s Grassley, Graham, Cornyn, Lee, Cruz, Hawley, Tillis, Kennedy, Blackburn, Schmitt, Britt, and Moody on the Republican side and Durbin, Whitehouse, Klobuchar, Coons, Blumenthal, Hirono, Booker, Padilla, Welch, and Schiff for the Democrats) this is a good time to reach out and either thank them for opposing or encourage them to show a little backbone and follow Tillis’ lead. Martin, after all, supports the people who overran the Capitol, threatening these folks and their staff. He is the least qualified selection I can recall seeing to lead a U.S. Attorney’s office, even edging out Trump’s former attorney Alina Habba, the New Jersey nominee, who should be rejected as well. This is a very big win for pro-democracy forces.

There was also a win on a very different front, one that didn’t get a lot of national attention. Trump’s efforts to cut staff and funding at national parks have garnered a lot of attention in the protests that have cropped up across the country. Many protests have taken place at the parks themselves, notably at Yosemite, where staff unfurled an upside-down American flag atop El Capitan to signal distress. On March 1, people protested at all 433 sites in the national park system—the 63 national parks and additional sites like monuments and historic places. Americans, it turns out, love their national parks.

Despite that, the Trump administration continues to keep them on the chopping block. Last week, the Washington Post reported that the Trump administration had suspended all air-quality monitoring at national parks, stating that “The Interior Department, which includes the National Park Service, issued stop-work orders last week to the two contractors running the program, the email shows.”

The reporting provided detail that makes it clear this is a serious matter:

  • Data was being collected on ozone and particulate matter and being used in connection with requests to grant permits to industrial facilities like power plants and oil refineries in close proximity to the parks.
  • The pollutants data was being collected on are “linked to a range of adverse health effects,” including “heart attacks, strokes, asthma attacks and premature death.”
  • One goal of the program is “to curb regional haze,” which has “reduced visibility at scenic viewpoints in parks nationwide” over the past few decades.

Park Service employees pushed back and demanded that monitoring continue. They pointed out that states lack the equipment and resources to monitor and that without federal monitoring, they would be flying blind. It’s part and parcel of discontinuing environmental justice work at the Justice Department. Data makes it possible to protect the environment and the people who live in it. Trump is creating a permissive environment for business—when you can’t document the consequences of a new plant permit, for instance, it’s hard to oppose it.

But today, Washington Post reporter Teddy Amenabar posted on social media that “After The Post’s article was published, a Park Service spokesperson said the stop-work orders would be reversed and that ‘contractors will be notified immediately.’” Whether it’s traditional media, new media, protests, or our communications with our elected officials, it’s clear that none of what Trump wants to do is inevitable. Sunlight continues to act as a disinfectant. Government employees need public support right now, especially as many of them continue to bravely do the right thing, whether it’s federal prosecutors or park rangers. They richly deserve our support.

So if you’ve been questioning whether what you’re doing matters, it does. The signs you make, the protests you go to, the letters and calls you make to elected officials, your efforts to share information (like this newsletter) with people—all of these efforts matter. It all adds up, small victories and large ones.

Speaking of big ones, Donald Trump appears to have knowingly lied when he invoked the Alien Enemies Act (AEA) in order to deport alleged members of the Venezuelan Tren de Aragua gang. In his proclamation, he said, “TdA operates in conjunction with Cártel de los Soles, the Nicolas Maduro regime-sponsored, narco-terrorism enterprise based in Venezuela, and commits brutal crimes, including murders, kidnappings, extortions, and human, drug, and weapons trafficking. TdA has engaged in and continues to engage in mass illegal migration to the United States to further its objectives of harming United States citizens, undermining public safety, and supporting the Maduro regime’s goal of destabilizing democratic nations in the Americas, including the United States.”

Not so fast. An intelligence community memo was partially declassified yesterday, two weeks after a FOIA request was made for it—that’s lightning speed in the world of FOIA, where requests can drag on for years. The memo contradicts Trump’s claimed basis for invoking the AEA. Hat tip to my friend Ryan Goodman, whose new Substack is great if you haven’t seen it already, for highlighting the parts of the memo that contradict Trump’s claim that TdA is mounting an invasion of the U.S. on behalf of Venezuela’s government.

Someone involved in responding to FOIA requestsseems to have been highly motivated to make sure the American people have access to the truth. Win.

It’s not clear how or whether this will impact ongoing litigation. Judges largely defer to presidential assessments of this nature under the political questions doctrine. We don’t know if this revelation will have any impact in court, although there should be some ambit, even if it’s small, for courts to reject presidential assessments that run entirely contrary to the facts. But in the court of public opinion, where facts still matter, here are some facts, from the people who know the subject best.

Finally for tonight, the North Carolina Supreme Court race that we’ve been following so carefully since last November seems to finally be over, and Allison Riggs, the Democrat who won the race, will now be declared the winner per an order issued by a federal judge who is a Trump appointee. Two recounts confirmed Riggs’ victory, but the disgruntled loser challenged it nonetheless. He tried to convince courts to disallow ballots cast by North Carolina voters who complied with all of the rules for voting by changing the rules about what ballots could be counted after the fact. He could still appeal this ruling, but it is a solid decision and unlikely to be reversed on appeal. The bottom line democratic principle is that you don’t get to move the goal posts to secure a victory. Didn’t work for Trump, and it didn’t work in North Carolina. Chalk another one up for the rule of law.

Whether it’s lawsuits or your letters, engaged citizens get results. We have a long way to go, but take heart; we are making progress. We can get there. Every little step forward adds to the tally in favor of democracy.

We’re in this together,

Joyce

ProPublica revealed that Ed Martin, Trump’s choice, for the high-powered job of U.S. Attorney in D.C. is ethically challenged. We already knew that Martin was a strident defender of the January 6 insurrectionists and represented some of them as their attorney. We also knew that Ed Martin has a long history of promoting conspiracy theories.

We learned only a couple of weeks ago that Mr. Martin has appeared on Russian state media more than 150 times between 2016 and 2024, a detail he initially forgot to share with the Senate Judiciary Committee vetting him. The Washington Post reported, “In early 2022, Martin told an interviewer on the same arm of RT’s global network that “there’s no evidence” of a Russian military buildup on Ukraine’s borders, criticizing U.S. officials as warmongering and ignoring Russia’s security concerns. Russia invaded nine days later, igniting a war that continues today.”

What we didn’t know is that in one important case, he was coaching someone else to attack the judge hearing the case.

Trump has chosen many unqualified people for high positions. Ed Martin is one of his worst choices.

ProPublica wrote:

The attacks on Judge John Barberis in the fall of 2016 appeared on his personal Facebook page. They impugned his ethics, criticized a recent ruling and branded him as a “politician” with the “LOWEST rating for a judge in Illinois.”

Barberis, a state court judge in an Illinois county across the Mississippi River from St. Louis, was presiding over a nasty legal battle for control over the Eagle Forum, the vaunted grassroots group founded by Phyllis Schlafly, matriarch of the anti-feminist movement. The case pitted Schlafly’s youngest daughter against three of her sons, almost like a Midwest version of the HBO program “Succession” (without the obscenities).

At the heart of the dispute — and the lead defendant in the case — was Ed Martin, a lawyer by training and a political operative by trade. In Missouri, where he was based, Martin was widely known as an irrepressible gadfly who trafficked in incendiary claims and trailed controversy wherever he went. Today, he’s the interim U.S. attorney in Washington, D.C., and one of the most prominent members of the Trump Justice Department.

In early 2015, Schlafly had selected Martin to succeed her as head of the Eagle Forum, a crowning moment in Martin’s career. Yet after just a year in charge, the group’s board fired Martin. Schlafly’s youngest daughter, Anne Schlafly Cori, and a majority of the Eagle Forum board filed a lawsuit to bar Martin from any association with the organization.

After Barberis dealt Martin a major setback in the case in October 2016, the attacks began. The Facebook user who posted them, Priscilla Gray, had worked in several roles for Schlafly but was not a party to the case, and her comments read like those of an aggrieved outsider.

Almost two years later, the truth emerged as Cori’s lawyers gathered evidence for her lawsuit: Behind the posts about the judge was none other than Martin.

ProPublica obtained previously unreported documents filed in the case that show Martin had bought a laptop for Gray and that she subsequently offered to “happily write something to attack this judge.” And when she did, Martin ghostwrote more posts for her to use and coached her on how to make her comments look more “organic.”

Ed Martin exchanged emails with Priscilla Gray, who had worked in various roles for Phyllis Schlafly, about how to attack Judge John Barberis. (Documents obtained, formatted and highlighted by ProPublica)

“That is not justice but a rigged system,” he urged her to write. “Shame on you and this broken legal system.”

“Call what he did unfair and rigged over and over,” Martin continued.

Martin even urged Gray to message the judge privately. “Go slow and steady,” he advised. “Make it organic.”

Gray appeared to take Martin’s advice. “Private messaging him that sweet line,” she wrote. It was not clear from the court record what, if anything, she wrote at that juncture.

Gray told Martin she would direct message Barberis after she was blocked from commenting on his Facebook page. (Documents obtained, formatted and highlighted by ProPublica)

Legal experts told ProPublica that Martin’s conduct in the Eagle Forum case was a clear violation of ethical norms and professional rules. Martin’s behavior, they said, was especially egregious because he was both a defendant in the case and a licensed attorney. 

Martin appeared to be “deliberately interfering with a judicial proceeding with the intent to undermine the integrity of the outcome,” said Scott Cummings, a professor of legal ethics at UCLA School of Law. “That’s not OK.”

Martin did not respond to multiple requests for comment.

Martin’s legal and political career is dotted with questions about his professional and ethical conduct. But for all his years in the spotlight, some of the most serious concerns about his conduct have remained in the shadows — buried in court filings, overlooked by the press or never reported at all.

His actions have led to more than $600,000 in legal settlements or judgments against Martin or his employers in a handful of cases. In the Eagle Forum lawsuit, another judge found him in civil contempt, citing his “willful disregard” of a court order, and a jury found him liable for defamation and false light against Cori.

Cori also tried to have Martin charged with criminal contempt for his role in orchestrating the posts about Barberis, but a judge declined to take up the request and said she could take the case to the county prosecutor. Cori said her attorney met with a detective; Martin was never charged.

Nonetheless, the emails unearthed by ProPublica were evidence that he had violated Missouri rules for lawyers, according to Kathleen Clark, a legal ethics expert and law professor at Washington University in St. Louis. She said lawyers are prohibited from trying to contact a judge outside of court in a case they are involved in, and they are barred from using a proxy to do something they are barred from doing themselves….

As one of its first personnel picks, the Trump administration chose Martin to be interim U.S. attorney for the District of Columbia, one of the premier jobs for a federal prosecutor.

A wide array of former prosecutors, legal observers and others have raised questions about his qualifications for an office known for handling high-profile cases. Martin has no experience as a prosecutor. He has never taken a case to trial, according to his public disclosures. As the acting leader of the largest U.S. attorney’s office in the country, he directs the work of hundreds of lawyers who appear in court on a vast array of subjects, including legal disputes arising out of Congress, national security matters, public corruption and civil rights, as well as homicides, drug trafficking and many other local crimes.

Over the last four years, the office prosecuted more than 1,500 people as part of the massive investigation into the violence at the U.S. Capitol on Jan. 6, 2021. While Trump has pardoned the Jan. 6 defendants, Martin has taken action against the prosecutors who brought those cases. In just three months, he has overseen the dismissal of outstanding Jan. 6-related cases, fired more than a dozen prosecutors and opened an investigation into the charging decisions made in those riot cases.

Martin has also investigated Democratic lawmakers and members of the Biden family; forced out the chief of the criminal division after she refused to initiate an investigation desired by Trump appointees citing a lack of evidence, according to her resignation letter; threatened Georgetown University’s law school over its diversity, equity and inclusion policies; and vowed to investigate threats against Department of Government Efficiency employees or “chase” people in the federal government “discovered to have broken the law or even acted simply unethically.”

Martin “has butchered the position, effectively destroying it as a vehicle by which to pursue justice and turning it into a political arm of the current administration,” says an open letter signed by more than 100 former prosecutors who worked in the U.S. Attorney’s Office for the District of Columbia under Democratic and Republican presidents.

H/T to Erich Martel, former history teacher in D.C. This sign carried in April 5 rally in D.C.

Trump doesn’t understand the arts. There is no evidence that he has ever been interested in the arts. He doesn’t understand that the arts by their nature are cutting-edge. They take us to imaginative worlds we knew nothing about. They expand our horizons. We can see and love Beethoven, Bach, and Shakespeare, but artists today are living in the 21st century and they express what they think and feel now. They introduce us to new worlds.

Trump took control of the Kennedy Center in D.C., one of the greatest venues for the arts in the world. He had to because every year at the awards ceremony, the artists laughed at him. They ridiculed him. They treated him as an enemy, which indeed he was.

Now that Trump appointed himself as chair of the board, he changed the composition of the board. What was once a bipartisan board, divided equally among Democrats and Republicans, is now 100% all-Trump.

The only way he could stifle those annoying artists was to make himself the chair of the board! No more laughing at Trump! With Trump in charge, no drag shows! Nothing about race or gender! Nothing transgressive! Trump has a track record of destroying whatever he touches. He may destroy the Kennedy Cenrer. Just for spite.

Trump is a vulgarian. He despises artistic freedom. He hates drag shows. He despises WOKE culture. Art is often woke. Ibsen was woke. Most artists are woke.

The President of the Kennedy Center, Deborah Rutter, saw the handwriting on the wall. She resigned, as of December 31, 2025. She will leave sooner now that Trump runs her agency.

She did not understand the tsunami about to hit the Kennedy Center.

Playbill (the Broadway publication) tells the story. If you care about artistic freedom, it’s horrifying.

President Donald Trump has been elected as chairman of the board at the Kennedy Center, after replacing board members appointed by former President Joe Biden with his own loyalists. The board members took a vote and named Trump chair in a meeting held Wednesday afternoon. In response, Kennedy Center President Deborah Rutter has announced that she is stepping down from the organization effective immediately. Rutter announced two weeks ago that she would stay in her position until the end of the year, but it seems the recent turmoil at the Washington, D.C. arts organization led to her early departure.

Trump has named loyalist Richard Grenell as interim Kennedy Center President. Grenell, currently the special presidential envoy for special missions, does not appear to have any background in the arts or arts administration. The role of president is typically tasked with the institution’s programming choices, while the chair and the board usually acts in an advisory capacity (though that will likely no longer be the case considering Trump’s strong language for what he plans for the organization).

Rutter, who had held her position since 2014, released a statement before she departed, about the importance of artistic freedom: “Much like our democracy itself, artistic expression must be nurtured, fostered, prioritized, and protected. It is not a passive endeavor; indeed, there is no clearer sign of American democracy at work than our artists, the work they produce, and audiences’ unalienable right to actively participate.”

Trump, who in previous statements vowed to ban drag shows from the venue, wrote on Wednesday on Truth Social: “It is a great honor to be chairman of The Kennedy Center, especially with this amazing Board of Trustees. We will make The Kennedy Center a very special and exciting place!” Historically, the Kennedy Center’s board had been made up of an equal number of Democrats and Republicans. The new board is made up entirely of Trump appointees—including Trump’s chief of staff, Susie Wiles and Usha Vance, the wife of Vice President JD Vance. There are 14 new members, with 31 total members.

According to CBS news, Trump also plans to ban “woke culture” from the Kennedy Center.

“Throughout our history, the Kennedy Center has enjoyed strong support from members of congress and their staffs—Republicans, Democrats, and Independents,” reads a statement from The Kennedy Center released on news of the board members’ termination last week. “Since our doors opened in 1971, we have had a collaborative relationship with every presidential administration. Since that time, the Kennedy Center has had a bi-partisan board of trustees that has supported the arts in a non-partisan fashion.”

Though it is a non-profit institution, only a small portion of the Kennedy Center’s budget comes from the federal government. As the venue’s previous statement shares, the institution “is supported by federal annual appropriations for upkeep and maintenance of the building as a federal memorial, or approximately 16% of the total operating budget.” Its artistic programming, on the other hand, is maintained through “ticket sales, donations, rental income, and other revenue sources.” 

Since his return to the White House, Trump has taken a more controlling approach to the arts. He has also eliminated the Presidential Committee on the Arts and the Humanities, a Reagan-era advisory body that had been disbanded during Trump’s first term and then restarted in 2022 by the Biden administration. Executive orders targeting the trans community and DEI efforts have also thrown federal arts funding into chaos, following updated guidelines from the NEA.

Playbill will continue to follow this story.

Deborah Rutter

Perhaps you remember “Waiting for ‘Superman,'” the overhyped documentary from 2010 that made the audacious claim that public schools were failing due to “bad teachers”and that the only sane alternative was charter schools. The documentary was funded by the Gates Foundation, with the obvious purpose of smearing public schools and promoting charter schools. I reviewed the film in the New York review of Books, in a review called “The Myth of Charter Schools.” Among other flaws in the film, I pointed out that it misused and distorted NAEP data to paint a horrifying picture of public schools. I concluded it was dishonest propaganda on behalf of the privatizers.

One of the amazing, miraculous charter schools featured in the film was a residential boarding school in D.C. called SEED.

Peter Greene writes that SEED is in deep trouble and may be shuttered.

The SEED School of Washington, D.C. was in the Washington Post yesterday, accused of inaccurate records and wholesale breezing past laws that are supposed to protect students with disabilities.

If the name of this unusual charter boarding school seems vaguely familiar, that may be because back in 2010, they were one of the charter schools lovingly lionized by the documentary hit piece, “Waiting for Superman.”

Waiting for Superman” was a big hit, popularizing the neo-liberal narrative that public schools were failing because public school teachers were lazy incompetents. Every damn newspaper in the country jumped on the narrative. Roger Ebert jumped on. Oprah jumped on. NPR wondered why it didn’t get an Oscar (maybe, they posit, it was because one big emotional scene was made up). It helped sustain the celebrity brand of Michelle Rhee (the Kim Kardashian of education, famous despite having not accomplished anything). It was a slanted hatchet job that helped bolster the neoliberal case for Common Core and charter schools and test-centric education and heavy-handed “evaluation” of teachers.

And it boosted the profile of SEED, the DC charter whose secret sauce for student achievement is that it “takes them away from their home environments for five days a week and gives them a host of supporting services.”

Except it turns out that maybe it doesn’t do that after all

According to the WaPo piece, reported by Lauren Lumpkin, audits of the school suggest a variety of mistreatment of students with special needs.

SEED underreported the number of students it expelled last year. It couldn’t produce records of services it was supposed to have provided for some students with disabilities (most likely explanation–those services were never provided). Federal law says that before you expel a student with an IEP, you have meetings to decide if the misbehavior is a feature of their disability, or if their misbehavior stems from requirements of the IEP that are not being provided. 

These have the fancy name of “manifestation determination” which just means the school needs to ask– is the student acting out because that’s what her special situation makes her do, or because the Individualized Education Program that’s supposed to help deal with that special situation is not being actually done. For absurd example– is the student repeatedly late to her class on the second floor because she’s in a wheelchair? Does her IEP call for elevator transport to the second floor, and there’s no elevator in the building? Then maybe don’t suspend her for chronic lateness. 

Founded in 1998, SEED enrolls about 250 students, which seems to preclude any sort of “just lost the details in the crowd” defense. But as Lumpkin reports, questions arose.

But after receiving complaints about discipline, understaffing and compliance with federal law, the city’s charter oversight agency started an audit of the school in July. One complaint claimed school officials had manipulated attendance data and were not recording suspensions.

The audit’s findings sparked scathing commentary from charter board members and questions about SEED D.C.’s practices.

“I’m the parent of a special-needs child, and I’ve got to tell you, reading what was happening in these pages, it’s like a parent’s worst nightmare,” charter board member Nick Rodriguez told SEED D.C. leaders. “I sincerely hope that you will take that seriously as you think about what needs to happen going forward.”

Lumpkin reports that this is not their first round of problems. A 2023 audit found a high number of expulsions and suspensions compared to other charters– five times higher. A cynical person might conclude that SEED addressed the problem by just not reporting the full numbers. Inaccurate data, missed deadlines, skipping legal requirements–that’s a multi-year pattern for the school.

The school is now on a “notice of concern,” a step on the road to losing its charter and being closed down (or I suppose they could just switch over to a private voucher-accepting school).

The whole sad story of the many students who have been ill-served by SEED is one more reminder that there are no miracles in education, and no miracle schools, either. 

A charter school in D.C. that opened in 2003 and had a reputation built on its services to students with disabilities suddenly closed, with minimal notice to students, teachers, and parents.

Its finances had been shaky for a long time, and its enrollment had declined. Yet no one anticipated its sudden closure.

As it happens, the Network for Public Education reported only days ago on the frequency of charter school closures. Its report is called Doomed to Fail. It’s sad but true that charter schools have an unusually high record of transience. Parents can’t be sure that the charter school they chose will keep its doors open for more than a year, or three, or five.

The Washington Post reported:

On the day Eagle Academy abruptly closed, teachers at the D.C. charter school had been unpacking supplies, moving furniture and hanging bright posters covered with the names of students who were supposed to fill classrooms.

There had been rumblings of financial troubles, but the school’s leaders told families over the summer they had a plan: Another charter school had agreed to take over Eagle’s two campuses in Congress Heights and Capitol Riverfront.

But the D.C. Public Charter School Board, an independent city oversight body, blocked that plan. Eagle Academy unexpectedly was shuttered in August, less than a week before the new school year, leaving roughly 350 prekindergarten through third-grade students, plus their teachers, scrambling….

Eagle Academy had shown signs of financial shakiness as enrollment declined over several years, relying at times on credit cards to stay open and missing reporting deadlines, according to a staff report from D.C.’s charter school board.

While pandemic emergency funding gave the academy a temporary boost, Eagle made errors in budgeting, including overshooting student enrollment estimates and grant allocations, a Washington Post review shows. A promise to make significant cuts in spending and an effort to attract more students did not fully materialize.

Public records and more than a dozen interviews with Eagle families, school leaders and D.C. officials show that the city and Eagle’s own board lacked a clear picture of the school’s increasingly dire financial situation — leading to questions over whether more could have been done to stave off closure or allow for an easier transition for families. The city’s charter school board also said it would examine its oversight practices…

Eagle Academy opened its first campus in 2003. It was the dream of Cassandra S. Pinkney, who set out to build a school where Black children from underserved communities would learn to swim and kids like her son — who had special-education needs — could thrive. Pinkney founded the school with [Joe] Smith, a friend and charter-school advocate.


It was vaunted at the time as the District’s first “exclusively early childhood public charter school,” according to Eagle’s 2023 annual report. Two years after opening, the school had a special-education department with speech-language therapy, mental health services and other supports. It would later expand to enroll children through the third grade…

The enrollment problems caused financial ones. Schools are funded by the city largely based on the number of students who attend.

Eagle was spending close to $50,000 per student — higher than the citywide average of about $28,000 — according to data from the 2022-2023 school year, the most recent available. Most of Eagle’s student body came from lower-income homes, and the school had a higher-than-average share of children with disabilities, according to data published by the city, which are factors that bring in more funding.

The combination of declining enrollment and financial stress doomed the school.

One reason that big charter donors fund charter schools is to break the teachers’ union, whether it’s AFT or NEA. Big business has opposed labor unions since they were first organized. 90% of charters have no union affiliation, and the Waltons and DeVos-funders want to keep it that way. A few days ago, a charter school in D.C. voted to unionize. Why? Because the teachers think they need a union to bargain with the charter leadership and make sure they get due process, health benefits and a pension. They want what only unions can get.

For Immediate Release
May 2, 2024

Contact:
Kelley Ukhun
513/578-2646
kukhun@dcacts1927.com

Capital City Public Charter School in D.C. Votes for a Voice on the Job

All 200 Teachers and Other School Staff Will Be Members of 

DC Alliance of Charter Teachers and Staff, DC ACTS, AFT

WASHINGTON—Teachers and all other school staff at Capital City Public Charter School in Washington, D.C., voted tonight to unionize, joining the membership of the District of Columbia Alliance of Charter Teachers and Staff, DC ACTS, an affiliate of the AFT.

Capital City Public Charter School has 200 employees, including teachers, instructional assistants, counselors, librarians, secretarial staff and custodians, all of whom will be represented by DC ACTS. The school educates 1,000 pre-K through 12th-grade students. DC ACTS also represents all employees at both Mundo Verde Public Charter School campuses in D.C.

“Capital City educators and other employees want to have a voice when the school makes decisions about the education of their students. They are the folks who are in the classrooms every day and who work the closest with the kids and know best what’s needed for them to thrive and excel. Only through a union can this be accomplished,” said DC ACTS Acting President Kelley Ukhun, adding that she hopes to be able to negotiate a first contract in the coming months.

Besides having a voice in decisions made about their school, Capital City employees said they want to end a “right to work”-contingent atmosphere in which every staff member was subject to annual contract renewal, making it increasingly difficult to recruit and retain staff given the precarity. Educators and staff also indicated a collective desire for better retirement benefits, a more progressive and transparent discipline procedure (including a grievance and arbitration system) and a duty-free lunch period.

Guadalupe Campos, a Capital City high school Spanish teacher, strongly supports the union.

“I believe that all workers, regardless of rank or position, deserve the opportunity to participate in decisions that affect students, our families and ourselves. United, we can create a healthy, equitable and sustainable environment for all,” she said.

Kate Lenegan, an after-school teacher, said: “I support this union because our staff is what makes Capital City great, and our students deserve the best from us.”

AFT President Randi Weingarten said this labor victory reflects a growing trend of workers organizing across the country, growing the labor movement so that we can be a force that improves the lives of workers, their families and their communities.

“Whether it’s at a traditional public school or college, or whether it’s at a charter school or any other workplace, working people are seeing the value of a union as a vehicle to access a better life for themselves, their families, and the communities they serve,” Weingarten said. “That’s why the AFT has seen unprecedented organizing growth, organizing 146 new units across multiple sectors, including education, higher education, healthcare and public service since our last convention in July 2022.

Charter school educators see this, Weingarten said. The AFT represents about 7,500 educators and school staff across the country at more than 250 charter schools. More than 1,000 teachers and staff at more than 15 charter schools have organized with the AFT just since the start of the 2022-23 school year, and hundreds of those have already won strong first contracts at their schools. 

“Union membership can be transformative in the life of any working person. I am so glad the educators of Capital City have elected to join us. We are so happy to welcome them. We want working folks everywhere to know: The AFT is the home of the people who make a difference in other people’s lives. We fight for real solutions that make our workplaces and our communities safer, stronger, and more democratic, and we show up when it counts. Together, we can win the future,” Weingarten said.

The Washington Teachers’ Union, which represents educators at District of Columbia Public Schools, applauded the Capital City employees’ vote.

“All staff, whether in regular public schools or charter schools in the private sector, deserve the rights and respect afforded to them through union membership. We are all stronger together, and the WTU looks forward to working in partnership with DC ACTS as it grows with this exciting win at Capital City,” said WTU President Jacqueline Pogue Lyons.

Shirley Moody-Turner wrote in the Washington post about a forgotten hero of American education: Dr. Anna J. Cooper. Cooper was the principal of the M Street School in the District of Columbia, one of the most successful schools in the city. She insisted on a demanding academic curriculum for her Black students. Despite the school’s success, she was removed on trumped-up charges. The Black community fought back but lost. The M Street School eventually became the celebrated Dunbar High School.

Moody-Turner begins:

In January 1902, Anna Julia Cooper, one of the most highly educated Black women in the country, was appointed the seventh principal of Northwest D.C.’s famed M Street High School, the first and most prestigious public high school for Black education. Black people from around the country aspired to send their children to M Street, and its roster of teachers and graduates read like a Who’s Who of Washington’s Black educational and cultural elite. Under Cooper’s leadership, M Street students won scholarships and gained admissions to top colleges and universities — including Harvard, Brown, Yale and Dartmouth.

But just four years into her tenure, days before the start of a new school year, the White director of Washington high schools convinced the D.C. Board of Education not to reappoint M Street’s acclaimed principal. When Cooper arrived for the first day of school, the school janitor barred Cooper from entering the building. Police officers observed from across the street. They were ordered to arrest Cooper if they deemed she was creating a disturbance. With her students watching from the windows, Cooper — always a model of dignity and decorum — exited the school grounds.

Cooper’s story, now largely forgotten, was part of a wider movement to control the direction of Black public education in the early 20th century. Then, like now, battles over education — and especially the question of who was permitted to lead elite institutions, training the next generation to excel — were proxies in the larger culture wars. Today, with female and minority leaders of universities facing resistance from people who assume they have not earned the right to hold their positions, Cooper’s story is an illuminating one. What happened to her illustrates not only how the tactics around removing such leaders have persisted for more than a century, but also what was at stake — and still is — in the battles over educational access and leadership.

Born enslaved in Raleigh, N.C., in 1858, Cooper began her fight for an equal education early in life. As a student at St. Augustine’s Normal School and Collegiate Institute, she successfully petitioned for the right to take what were designated as “boys” classes, including courses in Greek, Latin, French, science and math. She went on to Oberlin College in Ohio, where she again protested for access to the full curriculum. She graduated Oberlin with a BA and MA in mathematics and began writing, teaching and lecturing around the country on Black civil rights and gender equality. In 1892, she published a book called “A Voice from the South: By a Black Woman of the South,” arguing for Black women’s unique role in the struggles for racial and gender equality, which garnered international acclaim.


In 1887, Cooper was recruited to join the faculty at the famed M Street High School. She taught there for 14 years and served one year as vice principal before agreeing to serve as the school’s principal. She did so, however, at precisely the moment when the sovereignty of Black public schools — M Street, in particular — was under attack.

For decades, the public school system in D.C. was looked to as a shining example of what was possible for Black education. Since 1868, M Street had operated under a Black superintendent, and through a combination of Black political influence, community support, committed teachers and congressional appropriations, the Black community managed to secure the resources and maintain relative autonomy to create a model public school system for Black students in the District.

By the end of the 19th century, however, with the backlash over Reconstruction gains in Black civil and political rights and the national ascendancy of Jim Crow segregation, Black control over Black schools came under attack. In 1900, Congress restructured school oversight in the District so that the Black superintendent — now reassigned to be an assistant superintendent — no longer oversaw M Street High School directly, instead placing it under the supervision of the White director of public high schools, Percy M. Hughes. As Hughes took his post, Cooper took hers.

Hughes was determined to remove her, and he did. He wanted to impose a “colored curriculum” on the school but she insisted on a college prep curriculum. As the author put it, Cooper was “punished for leading.” After she left, she earned a doctorate at the Sorbonne. She later returned to the M Street School as a teacher for another 20 years.

Open the link and read the rest of the story.

Jan Resseger writes here about the failure of ranking and rating schools by test scores and other metrics. These rankings cause parents to flee low-rated schools, making them even more segregated by income and race. If “reformers” intended to help struggling schools, they didn’t. They made it harder for those schools to improve.

She writes:

Here is the lead in a story in the Washington City Paper (Washington, D.C.) that describes not only  how public school ratings and rankings work in the nation’s capital but also their impact in every public school district in the United States.  Read this carefully:

“Before the pandemic shut down D.C. schools, each public school, like each student, got a report card. Every fall the school report card included a STAR rating, from one through five. The rating was based on a formula designed and used by the Office of the State Superintendent of Education (OSSE), D.C.’s education agency. Federal law requires OSSE to identify the ‘bottom 5 percent’ of District schools, so that they can receive additional funding. In effect, OSSE’s STAR Framework ratings used a measurement of need to indicate a measurement of quality.  And as a measurement of quality, the formula failed.” (Emphasis is mine.)

The author of the commentary is Ruth Wattenberg, who formerly served on the Washington, D.C. State Board of Education (SBOE). She explains that the 2015 federal education law, the Every Student Succeeds Act—the version that replaced the 2002, No Child Left Behind Act—requires all states to assign school ratings which are said to be a measure of need for the bottom 5 percent of “struggling” schools. However, in a place like Washington, D.C. with universal school choice, while ESSA requires states to rate schools to target the bottom scorers for improvement, parents use the ratings as an advertisement for the best schools in the system—perhaps the only evidence some parents consider as they choose a school for their children.

The ratings are always understood by the general public as a measure of school quality.

In a large city school district, when parents choose a school according to the ratings, these measures help resegregate the school district by income and race. Wattenberg explains: “In D.C., where families can choose to send their kids to any public school in the district, this flawed rating system is especially consequential. ‘Many kids have left their neighborhood schools’ because of the ratings, says Sheila Carr… grandparent of current D.C. students… A small exodus can trigger budget, staffing, and program cuts that have the potential to drive more families away from a particular school, triggering yet more cuts.  A decade ago Carr remembers, this meant multiple school closings. Although DCPS (D.C. Public Schools) has avoided more closures recently, enrollments at some schools are way down. Anacostia High School enrolls just 287 students.”

Across metropolitan areas where numerous suburban school districts surround the central city, the ratings redline the poorer and most segregated school districts and encourage anybody who can afford it to seek the the school districts with the highest ratings: the homogeneously white and wealthy exurban school districts.

Across the states, legislatures and departments of education have developed their own rating systems to comply with the federal mandate, but these systems almost always feature each district’s aggregate standardized test scores, which have been documented to reflect primarily family income.  Wattenberg explains the research she and her colleagues explored as they set out to redesign their rating system: “One expert showed us how high-poverty schools disproportionately got low ratings, even when test scores reported that their students had learned more than average. Education researcher and D.C. public school parent Betsy Wolf concluded that ‘our accountability system measures family income more than it measures school quality.’ Based on these findings, the SBOE resolved in 2022 that the rating system was ‘fundamentally flawed’ and recommended eliminating it… Education and poverty expert Sean Reardon says that average test scores ‘are the results of all the opportunities kids have had to learn their whole lives, at home, in the neighborhood, in preschool and in the school year.  So it’s misleading to attribute average test scores solely to the school where they take the test.’”

Apparently in Washington, D.C. the board came up with a new system that is not likely to be much better: “At the SBOE’s early January meeting, some parents’ hopes of pushing to revamp the report cards faded. OSSE surfaced its new report card, and, instead of labeling schools with stars, the new proposal assigns each school a number, one to 100, called an ‘accountability score.’ The number will still be highlighted on each school’s online profile and on the central School Report Card, where it will be among the first and primary impressions of a school that parents will see.  The formula that produces the new accountability score, while slightly revised and less toxic, is still biased against low-income schools. It is still the same formula OSSE uses to identify the neediest schools for the U.S. Department of Education.”

Wattenberg adds: “Less biased data on school quality measures educational practices and conditions known to promote student learning, such as teacher retention and the extent to which a school offers instruction on a variety of subjects, including social studies, science, and the arts, rather than an overly narrow focus on math and reading (which is what end-of-year tests focus on). Survey data showing student perceptions, such as the extent to which students feel academically challenged and supported is also an effective metric.”

From a parent’s point of view, the new summative grade tells no more about the teachers or the curriculum or students’ experiences at school.  It is really no different than the five star rating system Wattenberg remembers in Washington, D.C.’s previous system.  Here in Ohio, where I live, we have a five star system, which is no better than the A, B, C, D, F system we had before we got the new five stars.  In Washington, DC,  the new 1-100 rating number Wattenberg describes being earned by each school will only cue up competative parents to go for the highest rated schools in a giant competition. Most people choosing a school on the basis of the ratings will not be able to discern how the metric balances all the variables in each school or whether the rating really say anything about what is happening at the school.

Having attended school in a small Montana town, where we all went to the same middle school and high school, and having parented two children who attended our neighborhood elementary and middle school and came together at our community’s only high school here in a Cleveland, Ohio inner suburb, I prefer the old and more radical solution to the whole problem of school choice driven by metrics published in the newspaper or school report cards. In fact, for the majority of families in the United States, neighborhood schools are still the norm. A system of neighborhood schools embodies the idea that parents’ responsibility is to help their children embrace the opportunities at the school where they are assigned.

As parents when my children were in elementary school, we used the PTA meetings as places to strategize about how we could better support innovations and special programs to make school more fun and challenging for all the students.  A district-wide school support agency in our community provides a tutoring program for students who need extra help, and there is a community supported, district-wide music camp for a week in June when the high school orchestra director and his staff, along with a raft of graduates from the high school music program, help students from across the middle schools to prepare for joining the high school band and orchestra.  People from across the school district turn out for the concert that culminates the summer music camp.

This kind of community involvement connects parents with the community’s public schools in a qualitative way.  When people engage personally with a school, the teachers and the students, parents can learn so much more about a school than any metric can expose.

At the very least, it is time for the U.S. Department of Education to stop demanding that states rate and rank their public schools.  Wattenberg is correct that the ratings—a measurement of need—are misinterpreted by the press and misunderstood by the public as a measurement of quality.

Whistleblower Marlon Ray was fired for complaining about lucrative contracts awarded by DC Public Schools to the Relay Graduate School of Education, which is the educational equivalent of a three-dollar bill. Ray was fired along with elementary school principal Dr. Carolyn Jackson-King, who refused to implement Relay’s “no-excuses” model in her school. She said it was racist. They are suing the district.

Yet Marlon Ray, the whistleblower, who is suing the city, somehow persuaded Mayor Muriel Bowser to proclaim July 30 as Whistleblower Appreciation Day, honoring people she fired! Including Marlon Ray.

On July 18, Marlon Ray, a DC Public School (DCPS) whistleblower, secured a Proclamation from D.C. Mayor Muriel Bowser designating July 30, 2023 as Whistleblower Appreciation Day.

The proclamation celebrates the origins of whistleblower law in the United States, commends whistleblowers who are often penalized for doing the right thing, and encourages D.C. government employees to know their rights to blow the whistle.

Ray’s case is a perfect example of why these efforts are so important. Fired alongside Ray was Carolyn Jackson-King, former principal of Lawrence E. Boone Elementary, who reported and protested the use of a teacher training program that discriminated against Black students. Ray and Principal Jackson-King, known to the community as “Dr. J-K,” had been highly respected administrators at Boone. Both are now suing DCPS for retaliation.

In 2017, DCPS contracted Relay Graduate School of Education to conduct staff training. Contrary to what the name implies, Relay is not in fact a graduate school. As Education historian Diane Ravitch explained, “[Relay] has no scholars, no researchers, no faculty other than charter teachers. It is a trade school for teaching tricks of test-taking and how to control black and brown children and teach them to obey orders without questioning.”

Relay supervised training and evaluation with 20 DCPS schools – mostly from schools in majority Black and low-income Wards 7 and 8. Jackson-King felt that Relay training contributed to the school-to-prison pipeline by militarizing schools and trying to strip educators and students of their agency.

“Kids have to sit a certain way, they have to look a certain way,” Jackson-King told NPR WAMU 88.5. “They cannot be who they are…Those are all the ways they teach you in prison — you have to walk in a straight line, hands behind your back, eyes forward…I just feel they attempted to control Black bodies.”

Another faculty member at Boone commented on the training asking, “Why should the Black and brown children be subjected to move a certain way or respond to certain commands? They’re not dogs. They’re kids.”

Early in the 2019-2020 school year, Jackson-King shared her concerns with Mary Ann Stinson, an instructional superintendent who began overseeing Boone in 2019. At the end of that year, Jackson-King received her lowest evaluation score in 30 years of teaching: a 2.75/4. She tried to appeal the score, but Stinson informed her that the score meant she would not be re-appointed as principal. She was fired.

Marlon Ray, a 20+ year DCPS employee and the former director of strategy and logistics at Boone, was one of the community members involved in protests after Jackson-King’s termination. He had also filed previous whistleblower complaints, including for the overpayment of Relay Training.

Ray was first retaliated against by Jackson-King’s replacement principal, who reprimanded him for participating in the peaceful protests. He became the only school employee required to work five full days a week in person at the height of the COVID-19 outbreak. Ultimately, Ray was let go in 2021 after being told his position was terminated for budgetary reasons. However, DCPS made a job posting to fill the same position just two months later.

In February 2022, Ray and Jackson-King filed suit against DCPS and the District of Columbia, alleging that DCPS violated the Whistleblower Protection Act and the D.C. Human Rights Act. They seek reinstatement of their jobs.

Both Ray and Jackson-King are prime examples of whistleblowers who risked their jobs in order to do their job correctly. These local heroes stood up for students who were subject to unjust and racist education policy, and who may not have had the information or the power to stand up for themselves.

This makes Mayor Bowser’s recognition of Whistleblower Appreciation Day all the more meaningful. Siri Nelson, Executive Director of the National Whistleblower Center (NWC), who received the mayor’s proclamation alongside Mr. Ray said that “local whistleblowers are critical to increasing governmental recognition of Whistleblower Appreciation Day.”

NWC hopes that the day will help government agencies – local and federal – change the culture of whistleblowing. Whistleblowers support government agencies in accomplishing their mission more effectively and holding them accountable to their own policies. It is therefore vital that they are protected and celebrated.

“This proclamation is the second of its kind,” Nelson noted. “Marlon Ray follows Jackie Garrick who received a similar proclamation from Florida’s Escambia County in 2022. NWC advocates for the permanent federal recognition of National Whistleblower Day and these proclamations show that change is within reach. I thank Marlon for taking this incredible action and look forward to celebrating him and Muriel Bowser’s proclamation on July 27th.”

Marlon Ray will speak at NWC’s National Whistleblower Day event on Capitol Hill on July 27, 2023. Those wishing to attend the in-person event can RSVP here: https://www.whistleblowers.org/national-whistleblower-day