Archives for category: Education Reform

Jan Resseger lives in Ohio. Before retiring, Jan staffed advocacy and programming to support public education justice in the national setting of the United Church of Christ—working to improve the public schools that serve 50 million of our children; reduce standardized testing; ensure attention to vast opportunity gaps; advocate for schools that welcome all children; and speak for the public role of public education.  Jan chaired the National Council of Churches Committee on Public Education for a dozen of those years.

Jan recently wrote this post for the National Center on Education Policy at the University of Colorado.

She writes:

I suppose many of us think about the classes we wish we had signed up for in college.  Right now, as somebody who believes public schools are among our nation’s most important and most threatened public institutions, I wish that in addition to enrolling in The Philosophy of Education, I had also taken a class in political philosophy—or at least Political Science 101. How have groups like the Heritage Foundation, the Lynde and Harry Bradley Foundation, Betsy DeVos’s American Federation of Children and their proxies like Moms for Liberty managed to discredit public schooling and at the same time spawn an explosion of vouchers, which, according to the editors of last year’s excellent analysis, The School Voucher Illusion: Exposing the Pretense of Equity, are failing to serve our society’s poorest children even as they are destroying the institution of public schooling?

Here are that book’s conclusions: “As currently structured, voucher policies in the United States are unlikely to help the students they claim to support. Instead, these policies have often served as a facade for the far less popular reality of funding relatively advantaged (and largely White) families, many of whom already attended—or would attend—private schools without subsidies. Although vouchers are presented as helping parents choose schools, often the arrangements permit the private schools to do the choosing… Advocacy that began with a focus on equity must not become a justification for increasing inequity. Today’s voucher policies have, by design, created growing financial commitments of taxpayer money to serve a constituency of the relatively advantaged that is redefining their subsidies as rights—often in jurisdictions where neighborhood public schools do not have the resources they need.” (The School Voucher Illusion: Exposing the Pretense of Equity, p. 290)

As I watch the wave of school privatization washing across conservative states and read about universal school choice as one of the priorities of presidential candidate Donald Trump as well as a goal of the Heritage Foundation’s Project 2025, I find myself wishing I had a better grasp of how our society has gone off the rails.  I wonder what I would have learned about the difference between democracy and extreme individualism in that political theory class I missed, and I find myself trying to catch up by reading—for example—on the difference between a society defined by individualist consumerism and a society defined by citizenship.

Back in 1984, the late political theorist Benjamin Barber published Strong Democracy, a book defining the principles our federal and state constitutions and laws are presumed to protect:  “Strong democracy … rests on the idea of a self-governing community of citizens who are united less by homogeneous interests than by civic education and who are made capable of common purpose and mutual action by virtue of their civic attitudes and participatory institutions rather than their altruism or their good nature. Strong democracy is consonant with—indeed depends upon—the politics of conflict, the sociology of pluralism, and the separation of private and public realms of action… The theory of strong democracy… envisions… politics as… the way that human beings with variable but malleable natures and with competing but overlapping interests can contrive to live together communally not only to their mutual advantage but also to the advantage of their mutuality…  It seeks to create a public language that will help reformulate private interests in terms susceptible to public accommodation… and it aims at understanding individuals not as abstract persons but as citizens, so that commonality and equality rather than separateness are the defining traits of human society.” (Strong Democracy, pp 117-119)

In that same book, Barber describes the consumer as a representative of extreme individualism—the opposite of the public citizen: “The modern consumer is the… last in a long train of models that depict man as a greedy, self-interested, acquisitive survivor who is capable nonetheless of the most self-denying deferrals of gratification for the sake of ultimate material satisfaction. The consumer is a creature of great reason devoted to small ends… He uses the gift of choice to multiply his options in and to transform the material conditions of the world, but never to transform himself or to create a world of mutuality with his fellow humans.” (Strong Democracy, p. 22)

Two decades later, Barber published Consumed, in which he explores in far more detail the danger of a society defined by consumerism rather than strong democracy. As his case study he contrasts parent-consumers who prioritize personal choice to shape their children’s education and parent-citizens: “Through vouchers we are able as individuals, through private choosing, to shape institutions and policies that are useful to our own interests but corrupting to the public goods that give private choosing its meaning.  I want a school system where my kid gets the very best; you want a school system where your kid is not slowed down by those less gifted or less adequately prepared; she wants a school system where children whose ‘disadvantaged backgrounds’ (often kids of color) won’t stand in the way of her daughter’s learning; he (a person of color) wants a school system where he has the maximum choice to move his kid out of ‘failing schools’ and into successful ones. What do we get?  The incomplete satisfaction of those private wants through a fragmented system in which individuals secede from the public realm, undermining the public system to which we can subscribe in common. Of course no one really wants a country defined by deep educational injustice and the surrender of a public and civic pedagogy whose absence will ultimately impact even our own private choices… Yet aggregating our private choices as educational consumers in fact yields an inegalitarian and highly segmented society in which the least advantaged are further disadvantaged as the wealthy retreat ever further from the public sector.  As citizens, we would never consciously select such an outcome, but in practice what is good for ‘me,’ the educational consumer, turns out to be a disaster for ‘us’ as citizens and civic educators—and thus for me the denizen of an American commons (or what’s left of it).” (Consumed, p. 132)

Barber concludes: “It is the peculiar toxicity of privatization ideology that it rationalizes corrosive private choosing as a surrogate for the public good.  It enthuses about consumers as the new citizens who can do more with their dollars… than they ever did with their votes. It associates the privileged market sector with liberty as private choice while it condemns democratic government as coercive.” (Consumed, p. 143)  “The consumer’s republic is quite simply an oxymoron… Public liberty demands public institutions that permit citizens to address the public consequences of private market choices… Asking what “I want’ and asking what ‘we as a community to which I belong need’ are two different questions, though neither is altruistic and both involve ‘my’ interests: the first is ideally answered by the market; the second must be answered by democratic politics.” “Citizens cannot be understood as mere consumers because individual desire is not the same thing as common ground and public goods are always something more than an aggregation of private wants…. (W)hat is public cannot be determined by consulting or aggregating private desires.” (Consumed, p. 126)

So that is today’s lesson from the political philosophy class I was never able to fit into my schedule in college: “Freedom is not just about standing alone and saying no. As a usable ideal, it turns out to be a public rather than a private notion… (N)owadays, the idea that only private persons are free, and that only personal choices of the kind consumers make count as autonomous, turns out to be an assault not on tyranny but on democracy. It challenges not the illegitimate power by which tyrants once ruled us but the legitimate power by which we try to rule ourselves in common. Where once this notion of liberty challenged corrupt power, today it undermines legitimate power… It forgets the very meaning of the social contract, a covenant in which individuals agree to give up unsecured private liberty in exchange for the blessings of public liberty and common security.” (Consumed, pp.119-123)

A state study of the economic contributions of undocumented immigrants in 2006 concluded that they contribute to the state’s economy. But Governor Greg Abbott is a leading voice for deporting them en masse. The study has never been updated, for obvious reasons. Demonizing these people, rather than recognizing their contributions, is political gold.

When they are gone, who will plant, tend, and pick the crops? Who will be the landscapers and gardeners? Who will work in the restaurant kitchens? Who will fill the need for construction workers? Who will staff the hotels? Governor Abbott doesn’t care. If he were wise, he would demand the ouster of those who have criminal records and seek a path to citizenship for the vast majority who are hard-working, good people. They build Texas.

Alessandro Serrano of The Texas Tribune wrote:

Trump selected a hard-right lawyer, Harmeet K. Dhillon, as assistant Attorney General for Civil Rights at the Department of Justice. She is the former vice-chair of the California Republican Party. Born in India, she is a practicing Sikh. She was leader of Lawyers for Trump in 2020, which tried to overturn the election.

In standard Trump fashion, he has selected a hard-right lawyer who has never fought for traditional civil rights issues, but will vigorously support his anti-“woke,” anti-DEI agenda.

She has opposed corporate diversity programs, COVID safety measures, and gender-affirming care for transgender people.

In sum, her own priorities are exactly the opposite of the division she was chosen to lead. Under Trump, the civil rights gains of the past 60 years will go dormant or be reversed.

Trump said in a press release:

“Throughout her career, Harmeet has stood up consistently to protect our cherished Civil Liberties, including taking on Big Tech for censoring our Free Speech, representing Christians who were prevented from praying together during COVID, and suing corporations who use woke policies to discriminate against their workers.”

Politico reported:

Dhillon founded a law practice, Dillon Law Group Inc., and a nonprofit firm called the Center for American Liberty. She gained notoriety filing free speech-suits on behalf of conservative clients, including the Berkeley College Republicans and a Google engineer who was fired for his memo blasting the company’s diversity policies. She led multiple lawsuits against the state of California in 2020, challenging Covid-19 policies like stay at home orders and mail-in ballots.

In the lead up to the 2024 election, she led the effort to prevent Colorado from knocking Trump off the ballot.

Democracy Docket reported:

On Dec. 28, 2023, the day after the Colorado Republican Party asked the U.S. Supreme Court to weigh in on the Colorado Supreme Court’s decision to disqualify former President Donald Trump from appearing on the state’s primary ballot, Harmeet Dhillon tweeted: “Democrats are conspiring to commit the biggest election interference fraud in world history, right before our eyes, as government officials avert their eyes to the mockery of the constitution and our laws. This is a low point in American history.”

It’s a typical statement for Dhillon: defending Trump, bashing Democrats and alluding to a crime they’re committing that didn’t actually happen. The kind of statement her biggest client, Trump, would tweet. Lately, Dhillon’s been busy with Trump’s effort to remain on the ballot in the 2024 presidential race. The Dhillon Law Group is one of the law firms representing the former president in his legal fights in Maine and Colorado to remain on those state’s ballots. 

Over the past few years, Dhillon — a conservative lawyer and the Republican national committeewoman from California — has become a fixture in Trump’s GOP, appearing on Fox News to rail against Democrats, cancel culture and the “woke” liberal agenda and representing the likes of Tucker CarlsonAndy Ngo and other far-right personalities in headline-seeking free speech lawsuits…

Dhillon and her namesake law firm she founded in 2006 has become one of the leading legal groups working to roll back voting rights across the country. In the past few years, Dhillon — or an attorney from her law firm — has been involved in at least 16 different lawsuits in Arizona, Colorado, Georgia, Maine, Michigan, North Carolina, Virginia and Washington, D.C. challenging voting rights laws, redistricting, election processes or Trump’s efforts to appear on the ballot in the 2024 election, according to our case database.

And, much like her biggest client, the lawyer who’s representing the former president and asserted herself as a legal crusader to roll back voting rights has her own sordid history of controversy. That includes promoting baseless conspiracy theories, connections to controversial right-wing groups like the Federalist Society and Turning Point USA and questionable financial dealings involving her nonprofit, the Center for American Liberty. 

Democracy Docket reported in a post yesterday that Dhillon has a history of opposing laws to strengthen voting rights:

In the past few years, Dhillon — or an attorney from her law firm — has been involved in more than a dozen lawsuits challenging voting rights laws across the country.

How will she defend voting rights when she opposed them in private practice? Will she defend equal treatment of women and oppose discrimination against racial minorities? Will she defend LGBT persons who are discriminated against?

Don’t be surprised when she doesn’t. You have been warned.

This is a sickening article that appeared in The Irish Times about a meeting on Capitol Hill between Congressional leaders and Elon Musk and Vivek Ramaswamy.

Why is it sickening? It shows our elected Congressional leaders preening and groveling in the presence of the world’s richest man and a man who is only very rich.

Our Leaders? Who elected Elon and Vivek?

Why an article from The Irish Times? My good friend and executive director of the Network for Public Education Carol Burris is spending the holidays there and sent it to me.

As you read the article, you can feel the obsequiousness that these elected officials are expressing as they wait for the phony Department of Government Efficiency to tell them what to cut.

“Elon and Vivek talked about having a naughty list and a nice list for members of Congress and senators and how we vote,” reported Georgia congresswoman Marjorie Taylor Greene who offered a beaming smile that suggested she knew which list she’d be making. “And how we’re spending American people’s money. I think that would be fantastic.”

One wonders what Ted Kennedy or Henry Clay or Lyndon Johnson, during their Senate years, would have made of two billionaires with zero political experience or authority, breezing into the Capitol and explaining to them they had a chance to make the nice list.

Speaker Johnson promised that Thursday’s meetings will be the first of many visits by Musk and Ramaswamy. “We believe it’s a historic moment for the country and these two gentlemen are going to help us navigate through this exciting day. Elon and Vivek don’t need much of an introduction here in Congress for certain and I think most of the public know what they are capable of and have achieved.

“They are innovators and forward thinkers and that’s what we need right now. We are laying the new ground rules for the new Congress in the new year, and we are going to see a lot of change here in Washington of the way things are run. That is what this whole Doge effort is about.”

Should they cut Social Security? Medicare? Veterans’ Healthcare? Grants for higher education? Title 1? Headstart?

Everything is on their chopping block.

How many civil servants will they seek to terminate?

Musk cut 80% of the staff at Twitter. Will he aim to lay off a huge percentage of the people who keep government running?

Musk tweeted a few days ago that government “should be rule by democracy, not rule by bureaucracy.”

How is it democratic to allow two unelected oligarchs to decide which programs should be eliminated? Why do Elon and Vivek–who will never need Medicare or Social Security–get to decide whether the rest of us can keep the programs that we rely on? If they get their way, there will be more people dying of health conditions that could been treated, more seniors eating cat food for dinner.

The politicians eagerly await their marching orders.

Sickening.

David Pepper writes in his blog about the success of Biden’s economic measures, which produced strong economic growth and a remarkable increase in employment. Trump will inherit this strong economy and will claim that he did it. As Biden’s $1.2 trillion infrastructure legislation churns out huge capital improvements, Trump and his fellow Republicans will attend the ribbon cutting ceremonies, not acknowledging that most Republicans voted against this massive investment in the future. The Infrastructure Investment and Jobs Act of 2021 passed the House by a vote of 228-206. Only 13 Republicans in the House voted for it. All Democrats except six members of “The Squad” supported it. In the Senate, the vote was 69-30, including 19 Republicans and every Democrat.

Remember: Biden did it. Not Trump.

Pepper writes:

Day 6–December 6, 2024

The American economy in November exceeded expectations, gaining 227,000 jobs, including 26,000 manufacturing jobs. Wages also grew by .4% in November, stronger than expected—lifting the annual increase to 4%.

With only two months to go in the Biden administration, November’s numbers take the total number of jobs under Biden (since January 2021) to more than 16 million, and extending an impressive streak: a net positive of jobs created every month of his tenure. In that time, the nation has also seen the lowest average unemployment of any administration in 50 years.

I share these numbers for several reasons. 

First, remember them. They will be a valuable point of comparison to what happens once Trump takes over and imposes another round of billionaire-inspired trickle-down policies—which never work for anyone but those at the top. Last time, of course, he had already squandered the strong economy he inherited by 2019. Ohio and other states lost jobs between January 2019 and January 2020 (including manufacturing jobs), the first time that happened since the Great Recession and reversing the long period of Obama job growth. (Things only got worse amid Trump’s disastrous mismanagement of COVID.) 

Second, let these job growth numbers challenge you—and all of us—because they also underscore one other reality:

The failure to translate consistent and robust job growth into political traction is a crisis Democrats desperately need to confront, study and correct. After all, it’s Democratic administrations where almost all the jobs are created. (As Clinton reminded us at the convention, it’s 50 million to 1 million).

But amid this dramatic contrast in jobs growth, Americans: 1) still generally give more credit to Republicans and Democrats on how they handle the economy; 2) told pollsters in the middle of 2024 that they believed the country was in a recession (here’s one poll from May, where that number stood at 56%); and 3) voted for the guy and policies that lost jobs as opposed to the people that sparked four years of job growth.

If that’s not a crisis, I don’t know what is.

Needless to say, there are several things going on here.

First, economics

Clearly, how people rate the economy goes beyond job growth and GDP. 

Wages, inflation, stability, broader income inequality, health care, debt, unaffordable housing, and other elements all factor in as well. If Americans don’t feel secure economically amid years of steady job growth, that itself is a problem crying out to be addressed. And the challenge presented to Democrats—and all policy makers—is to find and implement policies and create circumstances such that Americans feel more economically secure amid even low unemployment.

Second, politics.

Still, there’s a major political problem as well.

Just look at this graph summing up the facts in a different way:

And to be clear: beyond not creating jobs in all these decades, Republican policies have also not added to economic security in the other ways I list above. In most aspects, their policies (whether attacking unions, or wages, or health care, spending cuts, etc.) have taken things in the wrong direction. That may be a major reason that when Trump left the White House, he did so with an approval/disapproval rating of 34/61, “the lowest on record dating back since scientific polling began.”

But despite all that reality, Biden/Harris lose. And they lose amid exit polls finding that “[t]wo thirds of voters described the economy as bad, and those voters who did went big for Trump.”

And that, my friends, is a political problem. A five-alarm fire of a political problem.

It poses the basic question: How do you have four straight years of monthly job growth, record low unemployment, versus an administration that lost jobs, and ended as the most disapproved administration on record…and lose….on the very issue where you performed so markedly better.

Until we answer that question, we will struggle.

Pepper goes on to discuss how Democrats can win the PR battle next time. Open the link and keep reading.

Jeff Bryant is a veteran journalist who covers education issues. He is the chief correspondent for Our Schools, a project of the Independent Media Institute. He shared the following article with this blog.

What a Podcast Killed by Houston Public Media Reveals About the State Takeover of the City’s Schools

A podcast about the state takeover of the Houston Independent School District (HISD), which Houston Public Media (HPM) produced, promoted, and then quietly killed before it debuted, has been shared with Our Schools. “The Takeover,” hosted by Dominic Walsh, an award-winning public education journalist, examines the takeover, the state’s installation of a new board and a controversial superintendent Mike Miles, and the subsequent series of reforms Miles rolled out that have frustrated and angered teachers, parents, and students.

Our Schools has thoroughly examined the recordings to ensure their authenticity and is reporting on the contents of each episode so that readers are better informed about the consequences of the state takeover of Texas’s largest school district—the eighth-largest district in the nation. We have decided not to make the podcast public for legal reasons.

In four episodes of what was meant to be Season One of the podcast, Walsh covers events that took place in the school year 2023-2024, beginning with the secret ceremony in which Miles was sworn in to serve as superintendent in June 2023. Episode four culminates in March 2024 when public outrage forced Miles to back down on an evaluation plan that could have potentially resulted in half of the district’s principals losing their jobs, including some who lead the district’s top-rated schools.

Walsh ended the Season by questioning whether widespread public anger at policies implemented by Miles could endanger a school bond referendum that voters eventually decided on during the November 2024 election. That bond referendum was defeated, and the Houston Landing reported that Texas voters had never before rejected a proposed school bond measure “totaling $1 billion or more.” HPM called the defeat “an unofficial referendum of state takeover.”

Much of the airtime in “The Takeover” is taken up by interviews that are critical of what Miles has implemented, including those with parents, teachers, librarians, and students, many of whom bitterly complain about the new reforms. Walsh points out that state takeovers of local school districts almost never produce positive results, as numerous studies have shown.

Walsh has given ample time to takeover supporters on the podcast as well, including Miles; Texas Commissioner of Education Mike Morath, who appointed Miles; state-appointed Houston School Board President Audrey Momanaee; and Texas lawmakers, both Democratic and Republican, who support the takeover. He also speaks about positive developments since the takeover began, including improved test scores in math and science.

Yet, while Walsh’s reporting can be described as balanced, he largely frames the takeover and the new reforms Miles has imposed as the latest iteration of the decades-long education reform movement that Walsh negatively characterizes as being “top-down.” He further points out that the reforms are overly reliant on standardized testing with punitive accountability measures that often lead to schools being closed, teachers and school principals being fired, and parents feeling alienated.

A request for comment was sent to HPM station manager Joshua Adams, but Our Schools is yet to receive a response.

Episode one of “The Takeover” is titled “School Reform, the Musical,” a reference to a musical skit Miles staged, and played the leading role in, to ease the district about his massive disruption efforts and to counter any criticisms. But the episode could easily have been called “Winners and Losers,” which is the theme Walsh keeps returning to while describing who gains in Miles’s new education system and who loses out.

The winners tend to be those school staff members who benefit from a tiered salary system Miles implemented and teachers who are comfortable with a centrally created and scripted curriculum. The losers? Parents who see their children’s favorite teachers being fired or leaving in frustration. Students who find the scripted curriculum less engaging. Librarians whose libraries are shuttered. Teachers who lament about losing their freedom to tailor instruction to students and miss the curriculum they felt most passionate about, like teaching the entire book in English Language Arts class.

A contrast Walsh repeatedly draws throughout the episode is Miles’s claims of knowing “the best way” to improve schools versus what Walsh observes as the “painful reality” on the ground when the reforms were rolled out.

Episode one, “School Reform, the Musical” states:“State installed superintendent Mike Miles says his plan will make schools better, raise test scores, and career readiness, especially in high poverty neighborhoods that need it the most. And who could argue with those goals. Everyone wants that. Right? But it’s complicated.”
—Dominic Walsh

In episode two, “The Law,” Walsh begins by examining the law that made the state takeover possible and delves into the “conflicting philosophies” over public education and the rampant inequity in the education system. His reporting reveals that the law, House Bill 1842, was mostly based on the low academic performance of just one school, which had started to improve just before the announcement of the takeover. Walsh questions whether the low performance in Houston schools might be due to a lack of resources and the rigid system Texas uses to assess its schools.

Another state law the episode considers—passed in 2017—was an attempt to incentivize school districts to partner with charter school management groups to operate their lowest-performing schools. This law kept the HISD and other districts with low-performing schools under constant pressure of being privatized. Walsh explains that Houston’s reform movement is based on strict accountability measures of schools, which were exported to the entire nation later on.

Episode two, “The Law” states:“This is a story about conflicting philosophies—deep-seated disagreements over the possibilities, potentials, and purpose of public education in a deeply unequal society.”
—Dominic Walsh

Episode three, “The Texas Miracle,” goes back to the 1990s to explore the origin of top-down education reform in Texas under then-Governor George W. Bush and the so-called Texas miracle that became the inspiration for the No Child Left Behind Act, enacted in 2002 by then-President George W Bush. These policies were furthered under the Barack Obama presidential administration, and, in Houston, under the leadership of former superintendent Terry Grier from 2009 to 2016. He was rewarded with school improvement grant money by Obama, which he used to force changes in some of the very same schools Miles is focused on today.

However, Walsh speaks with education researcher Julian Vasquez Heilig, who was an employee of HISD’s Office of Research and Accountability from 1999-2001. He explains that the acclaimed progress resulting from the Texas miracle was a “mirage.” In another interview, education historian Jack Schneider says that the positive results, of what he calls the “bipartisan, neoliberal” policy of NCLB and similar laws, have never really been achieved.

Nevertheless, Walsh explains that the reform agenda spawned a host of reforms, to which Miles is devoted. In fact, as Walsh reports, the charter school network that Miles created and led, called the Third Future Schools, uses an education approach almost identical to what Miles is trying to implement for Houston’s public schools system. Walsh notes that Third Future Schools struggled to meet all the progress measures in another Texas school district when the company was contracted to transform a school. Walsh concludes, “If Miles can pull this off in Houston, it will be a first.”

Episode three, “The Texas Miracle” states:

“In the eyes of some researchers, if we have learned anything from the past two decades of education policy, it’s that this type of top-down, test-based school reform does not work, largely because of what it misses. But others think Mike Miles may have finally cracked the code.”

—Dominic Walsh 

The Takeover’s final episode, “Reconciliation,” largely focuses on the behind-the-scenes players that will determine the fate of Houston schools. These include the state-appointed board that Miles answers to—it mostly functions as a rubber stamp for Miles’s reform agenda, according to critics—the Texas Education Agency that initiated the takeover, and Texas state lawmakers, including the legislature and Governor Gregg Abbott, who determine state education policy. In reporting on each of these entities, Walsh finds various “contradictions” that are hard to reconcile.

Walsh interviews Audrey Momanaee about the takeover board and questions how the effort can align with the “visions and values of community,” as she claims while delivering  “results,” like higher test scores and a narrowed curriculum, which don’t seem to be in line with the values of the local community. Walsh returns to this same contradiction in his interview with Morath in which Walsh notices how Morath’s emphasis on raising test scores clashes with his goal to raise “educated citizens.” Texas state lawmakers present an even starker contradiction, Walsh notes, as they pass laws that hold public schools to increasingly harsher accountability measures while attempting to pass a new voucher system that would redirect more education funding to private schools, which have no public accountability at all.

In the face of these contradictions, Walsh accuses leaders of the Houston takeover of “kind of operating as if they have blinders on” as they choose to ignore what education should be, instead, going for scripted curriculum, command and control managerial practices, and ever higher test scores. Walsh notes that Miles seems to waver from his agenda only when wealthier parents and representatives of the business community voice their dissatisfaction.

Episode four, “Reconciliation” states:

“How the state measures success, how it decides when to intervene, and when this takeover will end, is actually up in the air. In fact, the whole public education system in Texas is in flux.”

—Dominic Walsh

Why HPM decided to kill “The Takeover” before it had a chance to air is not immediately clear based on the content of the podcast.

According to a September 2024 article in the Texas Monthly, which called the decision to kill the podcast “head-scratching,” executives at the news organization pulled “The Takeover” the day before it was scheduled to debut when they learned that Walsh’s “long-term romantic relationship with an HISD teacher” presented, what they believed, was a “conflict of interest.” Through a series of public records requests, Texas Monthly reporters Michael Hardy and Forrest Wilder obtained copies of the podcast episodes and internal communications related to its cancellation.

In their investigation, Hardy and Wilder found “no evidence that HPM canceled the podcast because of external pressure, as some community members have speculated. No inaccuracies in Walsh’s reporting are identified in the internal communications we reviewed, and HPM executives did not respond to a question about whether they had identified any.”

Hardy and Wilder also note that “What constitutes a conflict of interest is a disputed subject among journalists.” They have interviewed experts on ethics in journalism who question HPM executives’ decision to cancel the podcast.

HPM still archives Walsh’s education reporting on its website, with no disclaimer. Walsh, however, no longer covers education and seems to be reporting on other beats for HPM.

But it’s hard not to sense the irony as Walsh signs off his reporting in “The Takeover” saying, “Whatever happens we will be here. Stay tuned.”

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Elon Musk and his little sidekick Vivek Ramaswamy are gearing up to redesign the federal government. Musk is the richest man on the planet; Vivek is only a multimillionaire. But together they are smarter than the rest of us.

Who elected them? Not me. Not you. No matter. Their patron Donald Trump has given them a drawing board and told them to have at it. Slash and burn. Cut and kill agencies and programs.

So they (or their PR team) wrote this article for the Wall Street Journal. Note: only Congress can create “departments,” but theirs was created overnight without Congress. Who needs Congress when we have two self-anointed geniuses to reshape our government?

President Trump has asked the two of us to lead a newly formed Department of Government Efficiency, or DOGE, to cut the federal government down to size. The entrenched and ever-growing bureaucracy represents an existential threat to our republic, and politicians have abetted it for too long. That’s why we’re doing things differently. We are entrepreneurs, not politicians. We will serve as outside volunteers, not federal officials or employees. Unlike government commissions or advisory committees, we won’t just write reports or cut ribbons. We’ll cut costs.

We are assisting the Trump transition team to identify and hire a lean team of small-government crusaders, including some of the sharpest technical and legal minds in America. This team will work in the new administration closely with the White House Office of Management and Budget. The two of us will advise DOGE at every step to pursue three major kinds of reform: regulatory rescissions, administrative reductions and cost savings. We will focus particularly on driving change through executive action based on existing legislation rather than by passing new laws. Our North Star for reform will be the U.S. Constitution, with a focus on two critical Supreme Court rulings issued during President Biden’s tenure.

In West Virginia v. Environmental Protection Agency (2022), the justices held that agencies can’t impose regulations dealing with major economic or policy questions unless Congress specifically authorizes them to do so. In Loper Bright v. Raimondo (2024), the court overturned the Chevron doctrine and held that federal courts should no longer defer to federal agencies’ interpretations of the law or their own rulemaking authority. Together, these cases suggest that a plethora of current federal regulations exceed the authority Congress has granted under the law.

DOGE will work with legal experts embedded in government agencies, aided by advanced technology, to apply these rulings to federal regulations enacted by such agencies. DOGE will present this list of regulations to President Trump, who can, by executive action, immediately pause the enforcement of those regulations and initiate the process for review and rescission. This would liberate individuals and businesses from illicit regulations never passed by Congress and stimulate the U.S. economy.

When the president nullifies thousands of such regulations, critics will allege executive overreach. In fact, it will be correcting the executive overreach of thousands of regulations promulgated by administrative fiat that were never authorized by Congress. The president owes lawmaking deference to Congress, not to bureaucrats deep within federal agencies. The use of executive orders to substitute for lawmaking by adding burdensome new rules is a constitutional affront, but the use of executive orders to roll back regulations that wrongly bypassed Congress is legitimate and necessary to comply with the Supreme Court’s recent mandates. And after those regulations are fully rescinded, a future president couldn’t simply flip the switch and revive them but would instead have to ask Congress to do so.

A drastic reduction in federal regulations provides sound industrial logic for mass head-count reductions across the federal bureaucracy. DOGE intends to work with embedded appointees in agencies to identify the minimum number of employees required at an agency for it to perform its constitutionally permissible and statutorily mandated functions. The number of federal employees to cut should be at least proportionate to the number of federal regulations that are nullified: Not only are fewer employees required to enforce fewer regulations, but the agency would produce fewer regulations once its scope of authority is properly limited. Employees whose positions are eliminated deserve to be treated with respect, and DOGE’s goal is to help support their transition into the private sector. The president can use existing laws to give them incentives for early retirement and to make voluntary severance payments to facilitate a graceful exit.

Conventional wisdom holds that statutory civil-service protections stop the president or even his political appointees from firing federal workers. The purpose of these protections is to protect employees from political retaliation. But the statute allows for “reductions in force” that don’t target specific employees. The statute further empowers the president to “prescribe rules governing the competitive service.” That power is broad. Previous presidents have used it to amend the civil service rules by executive order, and the Supreme Court has held—in Franklin v. Massachusetts (1992) and Collins v. Yellen (2021) that they weren’t constrained by the Administrative Procedures Act when they did so. With this authority, Mr. Trump can implement any number of “rules governing the competitive service” that would curtail administrative overgrowth, from large-scale firings to relocation of federal agencies out of the Washington area. Requiring federal employees to come to the office five days a week would result in a wave of voluntary terminations that we welcome: If federal employees don’t want to show up, American taxpayers shouldn’t pay them for the Covid-era privilege of staying home.

Finally, we are focused on delivering cost savings for taxpayers. Skeptics question how much federal spending DOGE can tame through executive action alone. They point to the 1974 Impoundment Control Act, which stops the president from ceasing expenditures authorized by Congress. Mr. Trump has previously suggested this statute is unconstitutional, and we believe the current Supreme Court would likely side with him on this question. But even without relying on that view, DOGE will help end federal overspending by taking aim at the $500 billion plus in annual federal expenditures that are unauthorized by Congress or being used in ways that Congress never intended, from $535 million a year to the Corporation for Public Broadcasting and $1.5 billion for grants to international organizations to nearly $300 million to progressive groups like Planned Parenthood.

The federal government’s procurement process is also badly broken. Many federal contracts have gone unexamined for years. Large-scale audits conducted during a temporary suspension of payments would yield significant savings. The Pentagon recently failed its seventh consecutive audit, suggesting that the agency’s leadership has little idea how its annual budget of more than $800 billion is spent. Critics claim that we can’t meaningfully close the federal deficit without taking aim at entitlement programs like Medicare and Medicaid, which require Congress to shrink. But this deflects attention from the sheer magnitude of waste, fraud and abuse that nearly all taxpayers wish to end—and that DOGE aims to address by identifying pinpoint executive actions that would result in immediate savings for taxpayers.

With a decisive electoral mandate and a 6-3 conservative majority on the Supreme Court, DOGE has a historic opportunity for structural reductions in the federal government. We are prepared for the onslaught from entrenched interests in Washington. We expect to prevail. Now is the moment for decisive action. Our top goal for DOGE is to eliminate the need for its existence by July 4, 2026—the expiration date we have set for our project. There is no better birthday gift to our nation on its 250th anniversary than to deliver a federal government that would make our Founders proud.

Trump has promised to eliminate the U.S. Department of Education. He needs Congressional approval to do it. Trump made this promise during the campaign. The details are spelled out in Project 2025. The elimination of ED is step one. Then right wingers approve their dream, which is to “block grant” all the big funding. That means that the money goes to states without limits on how it is spent. They can spend it as they wish, without federal oversight. But then comes the kicker: the federal government stops funding Title 1, Special Education, and other “categorical programs,” and the states have to fund it themselves. This works for the well-off states, because they currently pay more than they receive. But the poor states, which voted overwhelmingly for Trump, are screwed. They receive more from the federal Department of Education than they pay in. Tough justice. Bad for kids.

What about the U.S. Department of Education?

Heather Cox Richardson wrote:

One of President-elect Trump’s campaign pledges was to eliminate the Department of Education. He claimed that the department pushes “woke” ideology on America’s schoolchildren and that its employees “hate our children.” He promised to “return” education to the states. 

In fact, the Department of Education does not set curriculum; states and local governments do. The Department of Education collects statistics about schools to monitor student performance and promote practices based in evidence. It provides about 10% of funding for K–12 schools through federal grants of about $19.1 billion to high-poverty schools and of $15.5 billion to help cover the cost of educating students with disabilities.

It also oversees the $1.6 trillion federal student loan program, including setting the rules under which colleges and universities can participate. But what really upsets the radical right is that the Department of Education is in charge of prohibiting discrimination on the basis of race and sex in schools that get federal funding, a policy Congress set in 1975 with an act now known as the Individuals with Disabilities Education Act (IDEA). This was before Congress created the department.

The Department of Education became a stand-alone department in May 1980 under Democratic president Jimmy Carter, when Congress split the Department of Health, Education, and Welfare into two departments: the Department of Health and Human Services and the Department of Education. 

A Republican-dominated Congress established the Department of Health, Education, and Welfare in 1953 under Republican president Dwight D. Eisenhower as part of a broad attempt to improve the nation’s schools and Americans’ well-being in the flourishing post–World War II economy. When the Soviet Union beat the United States into space by sending up the first  Sputnik satellite in 1957, lawmakers concerned that American children were falling behind put more money and effort into educating the country’s youth, especially in math and science. 

But support for federal oversight of education took a devastating hit after the Supreme Court, headed by Eisenhower appointee Chief Justice Earl Warren, declared racially segregated schools unconstitutional in the May 1954 Brown v. Board of Education decision. 

Immediately, white southern lawmakers launched a campaign of what they called “massive resistance” to integration. Some Virginia counties closed their public schools. Other school districts took funds from integrated public schools and used a grant system to redistribute those funds to segregated private schools. Then, Supreme Court decisions in 1962 and 1963 that declared prayer in schools unconstitutional cemented the decision of white evangelicals to leave the public schools, convinced that public schools were leading their children to perdition. 

In 1980, Republican Ronald Reagan ran on a promise to eliminate the new Department of Education.

After Reagan’s election, his secretary of education commissioned a study of the nation’s public schools, starting with the conviction that there was a “widespread public perception that something is seriously remiss in our educational system.” The resulting report, titled “A Nation at Risk,” announced that “the educational foundations of our society are presently being eroded by a rising tide of mediocrity that threatens our very future as a Nation and a people.”

Although a later study commissioned in 1990 by the Secretary of Energy found the data in the original report did not support the report’s conclusions, Reagan nonetheless used the report in his day to justify school privatization. He vowed after the report’s release that he would “continue to work in the months ahead for passage of tuition tax credits, vouchers, educational savings accounts, voluntary school prayer, and abolishing the Department of Education. Our agenda is to restore quality to education by increasing competition and by strengthening parental choice and local control.”

The rise of white evangelism and its marriage to Republican politics fed the right-wing conviction that public education no longer served “family values” and that parents had been cut out of their children’s education. Christians began to educate their children at home, believing that public schools were indoctrinating their children with secular values. 

When he took office in 2017, Trump rewarded those evangelicals who had supported his candidacy by putting right-wing evangelical activist Betsy DeVos in charge of the Education Department. She called for eliminating the department—until she used its funding power to try to keep schools open during the covid pandemic—and asked for massive cuts in education spending.

Rather than funding public schools, DeVos called instead for tax money to be spent on education vouchers, which distribute tax money to parents to spend for education as they see fit. This system starves the public schools and subsidizes wealthy families whose children are already in private schools. DeVos also rolled back civil rights protections for students of color and LGBTQ+ students but increased protections for students accused of sexual assault. 

In 2019, the 1619 Project, published by the New York Times Magazine on the 400th anniversary of the arrival of enslaved Africans at Jamestown in Virginia Colony, argued that the true history of the United States began in 1619, establishing the roots of the country in the enslavement of Black Americans. That, combined with the Black Lives Matter protests in 2020, prompted Trump to commission the 1776 Project, which rooted the country in its original patriotic ideals and insisted that any moments in which it had fallen away from those ideals were quickly corrected. He also moved to ban diversity training in federal agencies. 

When Trump lost the 2020 election, his loyalists turned to undermining the public schools to destroy what they considered an illegitimate focus on race and gender that was corrupting children. In January 2021, Republican activists formed Moms for Liberty, which called itself a parental rights organization and began to demand the banning of LGBTQ+ books from school libraries. Right-wing activist Christopher Rufo engineered a national panic over the false idea that public school educators were teaching their students critical race theory, a theory taught as an elective in law school to explain why desegregation laws had not ended racial discrimination. 

After January 2021, 44 legislatures began to consider laws to ban the teaching of critical race theory or to limit how teachers could talk about racism and sexism, saying that existing curricula caused white children to feel guilty.

When the Biden administration expanded the protections enforced by the Department of Education to include LGBTQ+ students, Trump turned to focusing on the idea that transgender students were playing high-school sports despite the restrictions on that practice in the interest of “ensuring fairness in competition or preventing sports-related injury.” 

During the 2024 political campaign, Trump brought the longstanding theme of public schools as dangerous sites of indoctrination to a ridiculous conclusion, repeatedly insisting that public schools were performing gender-transition surgery on students. But that cartoonish exaggeration spoke to voters who had come to see the equal rights protected by the Department of Education as an assault on their own identity. That position leads directly to the idea of eliminating the Department of Education.

But that might not work out as right-wing Americans imagine. As Morning Joe economic analyst Steven Rattner notes, for all that Republicans embrace the attacks on public education, Republican-dominated states receive significantly more federal money for education than Democratic-dominated states do, although the Democratic states contribute significantly more tax dollars. 

There is a bigger game afoot, though, than the current attack on the Department of Education. As Thomas Jefferson recognized, education is fundamental to democracy, because only educated people can accurately evaluate the governmental policies that will truly benefit them.

In 1786, Jefferson wrote to a colleague about public education: “No other sure foundation can be devised for the preservation of freedom, and happiness…. Preach, my dear Sir, a crusade against ignorance; establish and improve the law for educating the common people. Let our countrymen know that the people alone can protect us against [the evils of “kings, nobles and priests”], and that the tax which will be paid for this purpose is not more than the thousandth part of what will be paid to kings, priests and nobles who will rise up among us if we leave the people in ignorance.”

Donald Trump refused to accept the fact that he lost the 2020 election. He tried to overturn the election in federal and state courts and lost more than 60 times, because he had no evidence. He summoned his devoted fans to Washington on January 6 and whipped them into a frenzy, encouraging them to march on the U.S. Capitol to stop the certification of the Presidential vote. (“March peaceably and patriotically…fight like hell or you won’t have a country anymore!”)

Never in American history had a defeated President refused to participate in the orderly transition of power. Yet Trump escaped accountability for the violence he incited.

In Politico Magazine, Ankush Khordori analyzes who is to blame for the failure to hold Donald Trump accountable for trying to defy the Constitution and overturn the election.

Khordori wrote:

We have just witnessed the greatest failure of federal law enforcement in American history.

The reasons for Donald Trump’s reelection are numerous and will be hotly debated in the weeks ahead. But the story of his comeback cannot be told without seriously grappling with how he managed to outrun four criminal cases, including — most notably — the Justice Department’s prosecution over Trump’s alleged effort to overturn the 2020 election.

At the root of it all are the considerable and truly historic legal missteps by the Biden administration and Attorney General Merrick Garland, as well as a series of decisions by Republicans throughout the political and legal systems in recent years that effectively bailed Trump out when the risks for him were greatest.

The two federal criminal cases against him are now dead as a practical matter. Already there is reporting suggesting that special counsel Jack Smith will leave his post and dismiss the pending cases, which is not that surprising considering that Trump pledged to fire him once back in office anyway. The Georgia case, an overhyped and misguided vehicle for post-2020 legal accountability, is going to remain on ice and perhaps get thrown out entirely in the coming years, at least as to Trump (if not his co-defendants). In Manhattan, where Trump was supposed to be sentenced in a matter of weeks after his conviction in the Stormy Daniels hush money case earlier this year, Trump is likely to ask the court to cancel the sentencing date; regardless of the mechanics, there is no reasonable scenario in which Trump serves some period of incarceration while also serving in the White House.

All of this will happen despite the majority of the public’s stated interest in concluding the criminal cases — the federal election subversion case in particular — as well as polling that suggested that Trump’s conviction early this year hurt his standing across the electorate and with independents in particular.

If that seems incongruous, it is not. The most obvious explanation for Trump’s win despite his considerable legal problems is that a critical mass of voters were willing to set aside their concerns about Trump’s alleged misconduct because of their dissatisfaction with the Biden-Harris administration. Fair or not, this was absolutely their right as voters.

But if the system had worked the way it should have, voters would never have faced such a choice. If Trump had actually faced accountability for his alleged crimes, he may not have even appeared on the ballot.


It is now clearer than ever that Garland was a highly questionable choice to serve as attorney general from the start. From the outset of the Biden presidency, it was readily apparent that Garland had little desire to investigate and potentially prosecute Trump.

The most comprehensive accounts on the matter, from investigative reporting at The Washington Post and The New York Times, strongly indicate that the Jan. 6 committee’s investigation and public hearings in 2022 effectively forced Garland to investigate Trump and eventually to appoint Smith in November of that year — nearly two years after Trump incited the riot at the Capitol.

There are many people — including many Democratic legal pundits — who have continued to defend this delay and may continue to do so, so let me be very clear: Those people are wrong.

It was clear after Trump’s loss in 2020 — even before Jan. 6 — that his conduct warranted serious legal scrutiny by the Justice Department, particularly in the area of potential financial crimes. But that probe, which could and should have been pursued by Biden’s U.S. Attorney and aspiring attorney general in Manhattan, somehow never materialized.

It was also clear — on Jan. 6 itself — that Trump may have committed criminal misconduct after his loss in 2020 that required immediate and serious attention from the Justice Department.

The formation of the Jan. 6 committee in early 2021 did nothing to change the calculus. There too, it was clear from the start that there would still need to be a criminal investigation to deliver any meaningful legal accountability for Trump.

In fact, the warning signs for where this could all end up — where the country finds itself now — were clear by late 2021, less than a year into Biden’s term. The public reporting at the time indicated (correctly, we now know) that there was no real Justice Department investigation into Trump and his inner circle at that point, even though the outlines of a criminal case against Trump — including some of the charges themselves that were eventually brought nearly two years later — were already apparent.

As a result, the Biden administration and the Garland Justice Department were running an extremely obvious risk — namely, that Trump would run for reelection and win, and that any meaningful criminal accountability for his misconduct after 2020 would literally become impossible. That, of course, has now happened. It was all eminently predictable.

Garland’s defenders over the years — including many Democratic lawyers who regularly appear on cable news — claimed that Garland and the department were simply following a standard, “bottom-up” investigative effort. Prosecutors would start with the rioters, on this theory, and then eventually get to Trump.

This never made any sense.

Attorney General Merrick Garland speaks during a news conference at the Department of Justice, Tuesday, Sept. 24, 2024, in Washington.
Merrick Garland’s legacy is now out of his control, and the early returns are not looking good. | Mark Schiefelbein/AP Photo

It did not reflect some unwritten playbook for criminal investigations. In fact, in criminal cases involving large and potentially overlapping groups of participants — as well as serious time sensitivity — good prosecutors try to get to the top as quickly as possible.

The Justice Department can — and should — have quickly pursued the rioters and Trump in parallel. The fact that many legal pundits actually defended this gross dereliction of duty — and actually argued that this was the appropriate course — continues to amaze me.

As for Garland, his legacy is now out of his control, and the early returns are not looking good.

Garland is a serious, well-intentioned and complex figure. But given all this, he may go down as one of the worst and most broadly unpopular attorney generals in American history — hated by the anti-Trump part of the country for failing to bring Trump to justice, and hated by the pro-Trump part of the country for pursuing Trump at all. I sincerely hope he provides a first-hand accounting of what happened after he too leaves office next year.


None of this, however, excuses the Republican political and legal class for their role in all this as well. In fact, Trump could not have pulled it off without a great deal of help from them too.

Start with Mitch McConnell and Senate Republicans in 2021. They could — and should — have voted to convict Trump after his second impeachment, which would have prevented him from running again for the presidency. Instead, McConnell and almost every other GOP senator let him off the hook.

Trump then proceeded to execute perhaps the most remarkable political rehabilitation in American history, but which should not have been nearly such a surprise. He never seemed to lose his grip on the party and in fact strengthened it over the course of 2021, as the likes of Kevin McCarthy and others quickly rallied around him.

The Republican presidential primaries also proved, in the end, to be a boon for Trump in his legal fight. By the time they concluded, Trump had been indicted by the Justice Department and local prosecutors in Manhattan and Fulton County. Under the traditional rules of politics, this should have provided incredible fodder for his adversaries and essentially killed his campaign.

Instead, his most prominent primary opponents — his opponents — came to his defense. As the prosecution in Manhattan came into focus, for instance, Florida Gov. Ron DeSantis belittled the effort as “some manufactured circus by some Soros-DA.” Nikki Haley and Vivek Ramaswamy both said that they would pardon Trump if elected.

It was no surprise, then, that Republican primary voters rallied around Trump. Perhaps it was inevitable, but it was certainly made easier by the fact that Trump’s supposed adversaries were all endorsing his legal defense as well as his false claims about the prosecutions themselves.

Last but most certainly not least: The Republican appointees on the Supreme Court bailed Trump out this year — in the heart of the general election campaign and when it mattered most.

A very large swathe of the public — somewhere around 60 percent according to our polling and others — wanted Trump to stand trial this year in the 2020 election subversion case. Before the Supreme Court weighed in, an even larger portion of Americans — somewhere around 70 percent — rejected the idea that presidents should be immune from prosecution for alleged crimes they committed while in office.

The six Republican appointees — three of whom, of course, were appointed by Trump himself — sided with Trump on both counts.

They first slow-walked Trump’s appeal on immunity grounds this year and then created a new doctrine of criminal immunity for Trump that had no real basis in the law — effectively foreclosing the possibility of a trial before Election Day. It was a gross distortion of the law in apparent service of the Republican appointees’ partisan political objectives.

This was all quite bad all around, but make no mistake: Trump’s reelection caps off the most remarkable reversal of legal fortunes in the history of American law. And besides Trump himself, many political figures in both parties share the blame.