Archives for category: Equity

Steve teaches in Polk County, Florida. He left a comment about where to find a wealth of choices: in public school. Choice advocates claim that public schools are one-size-fits-all. Nothing could be further from the truth. Charter schools and voucher schools are one-size-fits-all. They may exclude students they don’t want, for any reason. They may have a religious core that appeals to one-size. Home-schooling? You can’t get any more one-size-fits-all than learning at home. If you want indoctrination, go to a religious school; if you want education, go to a public school.

Do you want choices? Go to a public school!

Steve writes:

You want choice? Here, in the seventh largest school district in the state, you can choose AP, college-dual enrollment, Cambridge, ACCEL or International Baccalaureate for academics.

You can enter a career academy for aeronautics, health fields, architecture, criminal justice, education, culinary, graphics, CAD/CAM, engineering, legal studies, design, veterinary science, finance, biotechnology, construction. and others.

There are outstanding fine arts programs, with graduates going on to Broadway, television, and the tourism entertainment industry.

Play sports? The state lets you transfer to any school you want. You could join the state champion football team or state champion girls basketball team.

Want something hands on, such as, diesel mechanic, HVAC, auto repair, IT, or welding? Two public vo-tech high schools offer those programs.

All this choice is available in the public system.

So, the issue isn’t choice at all. This is about what vouchers have always been about since the days of massive resistance in Virginia.

Segregation?

The first charter school opened in 1991. Since then, charters have expanded exponentially. There are now more than 7,000 of them. Originally, charters had bipartisan support.

Bill Clinton loved the charter idea and created the federal Charter Schools Program to fund new charter schools, a modest expenditure of $6 million a year (that has since ballooned into $440 million a year, most of which has gone to grow big, wealthy charter chains).

President Barack Obama also loved charter schools , as did his Secretary of Education Arne Duncan. When Congress pumped hundreds of billions of dollars into the economy to stave off an economic collapse in 2009, it allocated $100 for schools. $95 billion went to public schools. $5 billion was set aside for the U.S. Department of Education to use as it wished for “education reform.”

Secretary Duncan, aided by helpers from the Gates Foundation and the Broad Foundation, launched a competition among the states to win a share of $4.35 billion. But the states’ eligibility to participate in Race to the Top depended on their complying with certain demands: the states had to agree to open more charter schools, to evaluate their teachers by the test scores of their students, to restructure or close schools with low test scores, to adopt national standards (I.e., the Common Core, not yet finished, never tested).

Race to the Top gave a huge boost to charter schools.

But reality intruded. Large numbers of new charters opened. Large numbers of charters closed, replaced soon by others. Charter scandals proliferated. Get-rich-quick entrepreneurs opened charter schools; grifters opened charter schools. Some charter leaders paid themselves more than big-city superintendents. Highly successful (I.e. high test scores) charters carefully curated their students, rejecting or removing those who had low scores, excluding students with disabilities.

The charter sector began to act like an industry, with its own lobbyists in D.C. and in state capitols. Sometimes the charter lobbyists wrote state legislation to assure that there was little or no accountability or oversight or transparency Fort the public funds they received.

Of course, the charter lobby maintained a strong public relations presence, booking appearances for their paid spokespeople on national TV and in the press. When state legislatures met to vote in the budget, the charters hired buses to bring thousands of students and parents to demand more money and more charters. They were coached to use the right words about the success of charters.

Since charters have been around for more than 30 years, the research on them is consistent. Their test scores, on average, are about the same as regular schools, even though they have much more flexibility. Some get high scores (typically the ones with high attrition rates who got rid of the students they didn’t want), some got very low scores. Most were in the middle. The Cybercharters were the worst by every measure: low graduation rates, poor academics, high teacher turnover, expensive for the low quality but very profitable.

Were they innovative? No. Those considered “successful” operated with 19th century modes of strict discipline. Some substituted computers for teachers.

Charters fell under a cloud when Donald Trump became President and sooointed choice zealot Betsy DeVos to be Secretary of Education. She plugged vouchers and charters and choice. Most Democrats in Congress began to open their eyes and understand that charters were a prelude to vouchers. DeVos’s strident advocacy for charters made most Democrats remember their party’s historic legacy as a champion of public schools, real public schools , not privately managed schools that were Public in Name Only.

So, where stands the charter idea now? Charters are admired and thriving (at least financially, if not academically) in red states. Most Democrats understand that the preservation and improvement of public schools is central to the party’s identity.

A reader of the blog came up with a sensible redefinition of the mission of charter schools. Since they have the freedom to try out new ideas, they should serve the neediest children. They should do whatever it takes—not to raise their test scores—but to educate the children who have struggled in regular schools. Let the charters innovate—their original mission—free of the burden of being labeled “failing” or “low performing.” Let them work their magic for the children who need it most, not for the high achievers who would succeed in any school.

Greg R. Flick, a reader of the blog and himself a blogger (“What’s Gneiss for Education”)) sent this perceptive comment about what charters should do to be truly useful to American education and to provide an exemplary service:

It seems that if we believe the narrative the charters push, we should flip the system on its ear. Let the charters be the default schools for the kids who can’t function in the public schools. Let’s have the public schools be able to cream their student populations, select only the students they want to have…the “easier” students, and have the charters be required to take those kids kicked out of the public schools.

Charters with their smaller classes and “freedom” to innovate will finally be able to help those kinds of kids. And since they are public schools (as they keep on telling us repeatedly) they can’t gripe about taking in the hard nuts, the Special ed kids, the ones with behavioral issues, etc.

I received the following notice from Dr. Angela Valenzuela of the University of Texas. She has written extensively about diversity, exclusion, inclusion, equity, and history. Her original letter was sent to executives at the American Educational Research Association. She shared it with me, and I am sharing it with you.

As I am sure everybody knows, we are in the throes of a major fight here in Texas over DEI, academic freedom, CRT in higher education, tenure, and so much more and these folks are loaded with hubris—like they can just roll right over us. That’s what DeSantis is demonstrating. So I and others have been working for close to a year now in trying to unite our communities. We are doing this through an organization we’ve named, Black Brown Dialogues on Policy and now, so that we don’t become Florida by uniting as black and brown humanity. Intersectional. Intergenerational. Civil rights, Gen Z inclusive, white allies—and all people of good conscience. This is the Beloved Community, El Pueblo Amado.I just love how it sounds in Spanish.

There’s more that unites than divides us. We’ll have the program up soon, as well, on our website.

Next Saturday, March 11, BBDP is organizing a Virtual Town Hall on DEI and Ethnic Studies and all are welcome to attend:

MEDIA ADVISORY: Black Brown Dialogues on Policy hosts Virtual Town Hall—Sat. March 11, 2023 from 10:00 AM—4:30PM CST

We get going at 10AM CST and you can view it and post questions from our Facebook page:https://www.facebook.com/TeamBlackBrown

We hope to have the Virtual Town Hall program up on our website soon.

AERA luminaries Drs. Francesca Lopez, Christine Sleeter, Kevin Kumashiro and Stella Flores are part of the program. Texas legislators and two Gen Z panels, too.

Media industry professionals are producing it and we are using this Virtual Town Hall as an informational opportunity and organizing tool through which to, on the one hand, pass Ethnic Studies legislation (HB 45), and on the other, defeat terrible bills like those listed below.

HB 45 is about Ethnic Studies. It doesn’t make ES a requirement. Rather, it creates a pathway to a high school diploma through the taking of either Mexican American or African American Studies, courses that are currently electives in state policy at the high school level. Native American Studies and Asian American Studies were “passed,” along with the other two courses in 2018. I and so many others were involved in its passage. And the SBOE has waited for a more conservative board to get in to decide whether and when to align Native American Studies and Asian American Studies to state standards. They’re foot dragging. What we need is a law, or HB 45.

Check out these horrible bills.

The specific bills represent an attack on DEI in higher education: House Bill 1006, House Bill 1607, and House Bill 1046. I heard there was one more, too. We can’t keep up. But these are sufficiently draconian to be concerned.

House Bill 1006 seeks to “prohibit: (A) the funding, promotion, sponsorship, or support of: (i) any office of diversity, equity, and inclusion; and (ii) any office that funds, promotes, sponsors, or supports an initiative or formulation of diversity, equity, and inclusion beyond what is necessary to uphold the equal protection of the lawsunder the Fourteenth Amendment to the United States Constitution.”

House Bill 1607 is the higher education analogue to Senate Bill 3 last legislative session that some have dubbed the “Texas anti-CRT” bill, House Bill 1006.

HB 1046 seeks to prohibit what they’re calling “political tests” in higher education utilized in hiring decisions or in student admissions as a condition of employment, promotion, or admission, to identify a commitment to or make a statement of personal belief supporting any specific partisan, political, or ideological set of beliefs, including an ideology or movement that promotes the differential treatment of any individual or group based on race or ethnicity.

It will really make a difference if folks from all over the country attend to convey solidarity with our cause. Public statements, letters to Governor Greg Abbott and the Lt. Governor Dan Patrick in defense of Ethnic Studies, CRT, and DEI are also much appreciated.

I’m sure I missed some folks, so apologies if I left you out. We have a lot on our plates at the moment.

Hasta pronto! Buenas noches. May all have a blessed week.

Peace / paz,

Angela Valenzuela, Ph.D.

Co-founder and convener

Black Brown Dialogues on Policy

Stephen J. Klees is Distinguished Scholar-Teacher and Professor of International Education Policy at the University of Maryland. Klees recently gave a talk at the Comparative and International Education Society’s (CIES) annual meeting in Washington D.C.. He considers the privatization of education to be a juggernaut of patriarchal racial neoliberal capitalism. Dr. Klees shared his talk with me.

Privatization is a scourge. Basic services should be public, publicly owned and run. It is not a question of effectiveness or costs. Privatized basic services are inequitable and violate human rights.

In education, the advent of neoliberalism in the 1980s drastically changed the narrative. Before neoliberalism, it was generally believed that basic education (primary and secondary) should usually be provided by governments, with private schooling mostly the preserve of the wealthy and religious schools. The changed narrative brought by neoliberalism no longer asked whether privatization was necessary; instead, it asked when and how should we privatize? This assault on public sector motivations, competence, and budgets happened almost overnight – due completely to ideology, there was no evidence for this shift.

This shift has led to the massive expansion of private schooling around the world, most especially in developing countries, with critics fighting a rear-guard action against this juggernaut. The fight has given us efforts like the work of PEHRCand others that led to the Abidjan Principles, Education International’s Global Response campaign, high-level reports by UN Special Rapporteurs, as well as groups in most countries challenging the privatization of education. Have all these efforts slowed the juggernaut? Perhaps, but not noticeably. Have they changed the narrative? Perhaps some, but certainly not enough.

Critical researchers have responded to the slew of studies by privatization advocates pointing out their ideological biases and methodological flaws and pointing to contrary evidence. While we critics must respond to the advocates, to me, all this research is in many ways a waste of time and money. In terms of the narrow measurement of “learning,” embodied in test scores in a few subjects, the conclusion is what we all know – with similar students, sometimes private schools perform a little better, sometimes public schools do, and often there are no important differences. The other conclusion, hardly challenged by the right, is that privatization, even with low-cost private schools, further stratifies the system exacerbating inequality. But has this critical research changed the narrative or slowed the juggernaut? Perhaps a little, but far from enough.

What can slow or stop the juggernaut and change the story? I see more hope in increased mobilization across sectors. In 2019, there was a conference in Amsterdam that brought together public service advocates and this past December an even bigger one in Santiago, Chile that had over a thousand representatives from over one hundred countries fighting for public services in education, health, water, energy, housing, food, transportation, social protection, and care sectors. The Global Manifesto produced prior to the meeting and the Santiago Declaration produced after are marvelous documents with excellent analyses of the problem and principles for universal quality public services that will hopefully serve as a rallying cry for cross-sector mobilization by civil society and social movements around the world. The argument that there is not enough money to fund needed public services is simply a refusal to change priorities and tax those who are well-off.

However, the underlying reason we don’t have essential basic public services – the big picture – are the structures of patriarchal racial neoliberal capitalism. Neoliberalism exalts the market, but what does this mean? The market is a euphemism. It means the private sector should basically run the world. Critics of capitalism are accused of believing in a conspiracy by the rich and powerful; the critics response is there is no need for conspiracy. The reproduction of poverty and inequality, environmental destruction, racism, sexism, and more are built into the very structures that surround us.

Yet let’s not dismiss conspiracies too soon. What is the World Economic Forum but the rich and powerful getting together to set an agenda for the world? How many have heard of the Trilateral Commission? It’s the same people as the WEF getting together without much publicity each year to do the same. The WEF has been pushing its 2010 Global Redesign Initiative which essentially wants to turn the UN itself into a giant PPP – with quite a bit of success. These patriarchal racial capitalist institutions, run essentially by rich white men, may not have bad intentions but they are deluded into the self-interest of believing that all we need are win-win solutions to reform current polices, supposedly for everyone – without, of course, changing any of the structures that maintain their wealth and power.

We will not stop or reverse the privatization of education juggernaut without system change. Under patriarchal racial capitalism, especially the neoliberal version, privatization is the solution to most of our ills. But business leaders are singularly unqualified to deal with education or other social problems that have no simple bottom line (like profits) and whose real solution may threaten their dominance and power. While system change is very difficult, there are many groups, organizations, and movements around the world working on exactly that. The Santiago Declaration explicitly recognizes that the battle for public services means we need to “move away from the racial, patriarchal, and colonial patterns of capitalism and towards socio-economic justice, ecological sustainability, human rights, and public services.”

In what kind of world is it considered legitimate to charge the poorest for basic services? The answer is in a patriarchal, racist, capitalist world. I hope and believe that future generations will look back in horror at the fundamentally uncivilized nature of today’s world.

Ron DeSantis seized control of the state’s smallest public institution of higher education. New College was created as a progressive outpost. The governor named six new trustees to the 13-member board and added the controlling vote when a political ally replaced a seventh member. The majority is packed with rightwing ideologues. They immediately sacked the president, an English professor, and replaced her with a Republican hack, Richard Corcoran, former Speaker of the House and former State Commissioner of Education. He was previously passed over when he applied for the presidency of the University of Florida because of his lack of academic credentials. He has been promised compensation of $900,000 a year. DeSantis takes care of his friends.

The Miami Herald reported:

New College of Florida leaders voted Tuesday to eliminate diversity, equity and inclusion “bureaucracies” at the Sarasota honors college, the State University System’s smallest campus.

The school’s board of trustees — including six conservative members appointed by Gov. Ron DeSantis in January — banned mandatory diversity trainings and ended “political coercion” in the form of diversity statements. They also prohibited “identity-based preferences” in admissions, hiring and promotions.

The school will disband the Office of Outreach and Inclusive Excellence, which is responsible for diversity initiatives. The office’s four staff members will be moved to other new or unfilled administrative positions, saving the school an estimated $250,000 per year.

It was the first trustees meeting for Richard Corcoran, the former education commissioner and Florida House speaker who became New College’s interim president on Monday.

The vote came as DeSantis and Republican lawmakers are pushing to remove diversity, equity and inclusion offices throughout the state college and university systems. Legislators have already begun to file bills to accomplish that aim during the session that begins March 7…

The school’s new policy will not affect the funding of academic instruction, research or student organizations, said Bradley Theissen, a top New College official who briefly served as interim president before Corcoran arrived.

The school’s general counsel will be responsible for overseeing diversity initiatives required by the state as well as the school’s compliance with federal non-discrimination laws “The objective [was] to remove the parts [of school policy and trainings] that we find to be discriminatory,” said trustee Matthew Spalding, a fellow at the conservative think tank the Claremont Institute….

Also Tuesday, board members addressed a wrinkle that developed late last week over Corcoran’s contract, which will pay him a base salary of $699,000, plus more than $200,000 in added benefits.

Most of that amount was intended to come from the New College Foundation, but the foundation’s finance chairperson noted that most of its funds are earmarked for other expenses.

The revelation raised questions about the foundation’s ability to help with Corcoran’s salary, but trustees said Tuesday they expected foundation members to “cooperate.”

Read more at: https://www.miamiherald.com/news/local/education/article272628795.html#storylink=cpy

I am going to do something unusual with this topic, the topic being Florida Governor Ron DeSantis’ bold and disgusting effort to take control of what may and may not be taught in the schools of Florida.

I wrote this post. It will be followed by one written by Mercedes Schneider. We don’t disagree, but we provide different content. Read them both and add your thoughts.

In Florida, a “controversial topic” is any concept that governor Ron DeSantis doesn’t like. This is what he calls “freedom.” Schools are not free to teach anything he dislikes. Last week, the Florida Department of Education told districts to provide detailed information about the books and materials they were using to teach topics that offend DeSantis.

To readers, I apologize for writing so much about this tinpot dictator. But the reality is that he is leading the way towards purging the schools of content that would be standard fare in many other states, and other red states are following his lead.

The Miami-Herald reports:

The Florida Department of Education this week told school districts to produce detailed information about the programs and materials they use to address some of the state’s most hotly debated subjects.

In an email delivered late Tuesday, the department instructed superintendents to fill out a 34-question survey identifying titles of books and programs they have relating to sex education, social-emotional learning, culturally relevant teaching and diversity, and equity and inclusion, among other topics. It asked for specifics for student courses and employee training. The department requested names and examples from district and charter schools. And it gave the districts until Monday to respond. “It sounds very much like what they have done to the state university system,” said Pasco County Superintendent Kurt Browning.

In recent months, the administration of Gov. Ron DeSantis has asked universities and colleges to provide information about their work in diversity, equity and inclusion, and related to gender-affirming care.

DeSantis followed those requests with speeches criticizing many of the concepts and calling on the Legislature to end spending for such items. College presidents quickly announced they would end diversity programs. Legislation mirroring the governor’s agenda soon followed.

“What concerns me about the questions is they are all the hot-button topics and issues that are in the news,” Browning said, noting that the department did not explain its request. “What is it that they’re looking for?”

The department did not respond to calls and emails seeking added information. Superintendents across Florida said their staffs are working to submit all the items, which include uploaded examples in addition to lists of titles and data about the percentages of schools that use the materials and programs.

A spokeswoman for Miami-Dade Public Schools said Friday “district staff is currently in the process of compiling responses to the survey.” The Broward school district did not immediately respond to the Herald’s query. I

“We’ve never had to get this in-depth before,” said Bay County Superintendent Bill Husfelt, president of the state superintendents association. He suggested that politically involved parent and community groups such as Moms for Liberty have played a part in the rising demand for specifics about what books, curriculum and other materials the schools use. Moms for Liberty chapters across Florida have pressed school districts to remove books they claim contain pornography or other materials harmful to minors. The organization’s co-founders recently sat with DeSantis and other Republican officials to identify 14 sitting school board members statewide to target for removal in the 2024 elections, including Miami-Dade School Board member Luisa Santos.

“Politics has always been like this,” said Husfelt, who has led his North Florida district for 15 years. “But I don’t know that I’ve ever seen public education as involved as it is right now.”

Browning said he found it frustrating that the state appears to be targeting approaches such as positive behavior interventions and trauma-informed care, while at the same time requiring schools to address students’ mental health needs. “It seems like they are saying, ‘Do it, but you can’t use this and you can’t use that,’ ” he said.

“My question would be, ‘What is it you want me to use?’ There is nothing inherently evil in any of this stuff, in any of these topics that they are wanting information on.”

The state previously has made clear its disdain for social-emotional learning and culturally relevant teaching, banning it from math and social studies textbooks as they come up for adoption. It also has restricted lessons about human growth and development, which includes sex education.

Social-emotional learning is a strategy that aims to help students manage their emotions and develop empathy, among other traits. The state promoted it as a way to keep students safe after the mass shooting at Marjory Stoneman Douglas High School in Parkland.

Culturally relevant teaching attempts to present lessons in ways that better resonate with students of color. It was developed with the recognition that the teaching force in public schools is predominantly white while the majority of students are from other groups. In Florida, 57% of public school students are Black or Hispanic.

Andrew Spar, president of the Florida Education Association, said Floridians should recognize that the state’s efforts to remove such concepts from schools is “messing with kids.”

“Kids learn best when they feel safe, when they feel secure, when they have a connection to their teacher,” Spar said. “When you hear the governor talking about how we shouldn’t do [social-emotional learning] or culturally responsive teaching, what we’re saying is, we shouldn’t teach kids the way they learn.”

While many of the state’s survey questions relate to approaches that DeSantis and others have reviled, others focus on models that they have applauded. For instance, the survey asks about the use of the “whole child approach,” which has been embraced by classical education schools such as those supported by Hillsdale College in Michigan.

Browning expected the survey would be a precursor to legislation. “Isn’t everything?” he said.

Read more at: https://www.miamiherald.com/news/local/education/article272596280.html#storylink=cpy

In 2009, the Atlanta Journal-Constitution scrutinized test score gains in the city’s public schools and discovered a number of schools where the gains seemed improbable. The story triggered intense scrutiny by the Georgia Bureau of Investigation. Eventually nearly three dozed educators were charged with changing answers on the standardized tests from wrong to right in hopes of winning a bonus and pleasing their superintendent Dr. Beverly Hall, who put pressure on all teachers to raise scores or be humiliated.

During Beverly Hall’s tenure, the Atlanta district was celebrated for its miraculous test score gains, and she won recognition as Superintendent of the Year. She was the poster educator supposedly proving the “success” of No Child Left Behind. What she actually proved was that NCLB created perverse incentives and ruined education.

The facade of success came tumbling down with the cheating scandal.

After the investigation, Beverly Hall was indicted, along with 34 teachers, principals, and others. All but one of those charged is black. Many pleaded guilty. Ultimately, 12 went to trial. One was declared innocent, and the other 11 were convicted of racketeering and other charges. Beverly Hall died before her case went to trial.

The case was promoted by then-Governor Sonny Perdue. Ironically, the rise in Atlanta’s test scores was used by the state of Georgia to win a $400 million Race to the Top award.

One of those who was punished for maintaining her innocence was Shani Robinson, who was a first-grade teacher. She is the co-author with journalist Anna Simonton of None of The Above: The Untold Story of the Atlanta Public Schools Cheating Scandal, Corporate Greed, and the Criminalization of Educators.

I reviewed their book on the blog. While reading her book, I became convinced that Shani was innocent. As a first-grade teacher, she was not eligible for a bonus. Her students took practice tests, and their scores did not affect the school’s rating. Yet she was convicted under the federal racketeering statute for corrupt activities intended to produce financial gain. The Racketeer Influenced and Corrupt Organizations Act (RICO), was written to prosecute gangsters, not school teachers. Her conviction was a travesty.

Investigators offered Shani and other educators a deal: Plead guilty and you can go free. Or, accuse another teacher and you can go free. She refused to do either. She maintained that she was innocent and refused to accuse anyone else. Shani was accused by a teacher who won immunity. Despite the lack of any evidence that she changed scores, she was convicted.

Two Atlanta lawyers wrote a blog post in 2020 describing the Atlanta cheating trial as a legal outage:

The Atlanta Public Schools (APS) “cheating” scandal is a textbook example of overcriminalization and prosecutorial discretion gone amok, compounded by an unjust sentence of first-time offenders to serve years in prison. It is a glaring illustration of a scorched-earth prosecutorial mindset that has sparked a movement of reform-minded prosecutors nationwide — one which has yet to be embraced in Atlanta.

Just this past week, the six remaining educators who have insisted on their innocence went before the same judge who found them guilty. Their public defender asked to be excused from the case because he thought it was a conflict of interest to represent all six defendants. The original prosecutor, Fani Willis, continues to believe the six educators should be imprisoned. Willis is now prosecuting the case of whether former President Trump interfered in Georgia’s election in 2020.

The six educators who insist they are innocent have lived in a state of suspended animation for more than a decade. They have not gone to prison, yet. They have lost their reputations, their jobs, their teaching licenses.

They hoped that Judge Baxter might use the hearing to dismiss their case. Shani asked me to write a letter supporting her. I did.

It didn’t matter. Judge Baxter decided that the defendants should get a new public defender and return for another hearing. The case has already cost millions of dollars and is the longest-running trial in the history of the state.

The judge ordered them to return to court with their new lawyers or public defenders on March 16. At that time, the entire appeals process might start again and take years to conclude.

I contacted my friend Edward Johnson in Atlanta to ask him what he thought. Ed is a systems thinker and a sharp critic of the Atlanta Public Schools‘ leadership, which is controlled by corporate reformers who make the same mistakes again and again instead of learning from them.

Ed wrote me:

Prosecuting teachers and administers was morally wrong to begin with. Continuing to prosecute any of them is doubly morally wrong. Teachers and administers were the real victims of Beverly Hall. So prosecuting them means being willfully blind to ever wanting to learn truths about anything that would help Atlanta avoid doing a Beverly Hall all over again.

I agree.

This report was released about a major court decision in Pennsylvania that will affect millions of children:

For immediate release: Feb. 7, 2023
Contact: Jonathan McJunkin, Public Interest Law Center, 570-337-1969, jmcjunkin@pubintlaw.org;                        Paul Socolar, Education Law Center-PA, 215-372-1650, psocolar@elc-pa.org

A Historic Victory for Petitioners in School Funding Lawsuit

Today, Commonwealth Court Judge Renée Cohn Jubelirer ruled that Pennsylvania’s school funding system is unconstitutional and must be reformed.

In a 786-page decision, the court found that “All witnesses agree that every child can learn. It is now the obligation of the Legislature, Executive Branch, and educators, to make the constitutional promise a reality in this Commonwealth.”

The court order calls for the “respondents, comprised of the Executive and Legislative branches of government and administrative agencies with expertise in the field of education, the first opportunity, in conjunction with Petitioners, to devise a plan to address the constitutional deficiencies identified herein.”

The court rebuffed respondents’ argument that the current system is adequate, saying “In the 21st century, students need more than a desk, chair, pen, paper, and textbooks.”

The Education Law Center and Public Interest Law Center issued the following joint statement earlier today:

“Today’s decision declaring Pennsylvania’s school funding system unconstitutional is a historic victory for Pennsylvania’s public school children. It will change the future for millions of families, so that children are no longer denied the education they deserve. The court recognized that our schools require adequate funding to meet our constitution’s mandate. It’s time for our state legislature to fund public schools in every corner of Pennsylvania so all students, whether or not they live in a wealthy community, can receive the quality public education guaranteed in our state constitution.”

“The court’s decision recognizes what we showed during trial: Every year, hundreds of thousands of children in public schools in lower-wealth communities across Pennsylvania are being denied the basic resources needed for a quality education because the state is not adequately or equitably funding our schools,” said ELC legal director Maura McInerney. “The court’s order directs the state to change the way it funds our public schools from the current two-tiered system divided by local wealth to one that provides sufficient resources for all children.”

“This is a huge victory. Educators know that every child can learn, and they know the kinds of support that their students need to reach their potential,” said Dan Urevick-Ackelsberg, senior attorney at the Public Interest Law Center. “Our clients and others in low-wealth districts in Pennsylvania also know that for too long, they have had to triage their students’ needs, leaving some students behind because of the state’s failure to provide adequate funding for public education. Today’s decision makes it clear that this inequitable status quo cannot continue, and that every child in Pennsylvania has a fundamental right to receive a comprehensive, effective, and contemporary public education.”

“Education is the great equalizer — the key that opens the door to life-changing opportunities and world-changing ideas,” said Katrina Robson, partner at O’Melveny & Myers LLP. “No child should be left with their hand up, begging for but denied that opportunity. We are gratified by the judge’s ruling, which will help ensure that all children in Pennsylvania have equitable access to quality education. And we are proud of the legal team that worked tirelessly—for years—to help achieve this critically important result.”

Here is the language of the court order:

1. The Education Clause, article III, section 14 of the Pennsylvania Constitution, requires that every student receive a meaningful opportunity to succeed academically, socially, and civically, which requires that all students have access to a comprehensive, effective, and contemporary system of public education;

2. Respondents have not fulfilled their obligations to all children under the Education Clause in violation of the rights of Petitioners;

3. Education is a fundamental right guaranteed by the Pennsylvania Constitution to all school-age children residing in the Commonwealth;

4. Article III, section 32 of the Pennsylvania Constitution imposes upon Respondents an obligation to provide a system of public education that does not discriminate against students based on the level of income and value of taxable property in their school districts;

5. Students who reside in school districts with low property values and incomes are deprived of the same opportunities and resources as students who reside in school districts with high property values and incomes;

6. The disparity among school districts with high property values and incomes and school districts with low property values and incomes is not justified by any compelling government interest nor is it rationally related to any legitimate government objective; and

7. As a result of these disparities, Petitioners and students attending low-wealth districts are being deprived of equal protection of law.

The case William Penn School District et al. v. Pennsylvania Department of Education et al. was filed in 2014 by six Pennsylvania school districts (William Penn, Greater Johnstown, Lancaster, Panther Valley, Shenandoah Valley, and Wilkes-Barre Area), the Pennsylvania Association of Rural and Small Schools, the NAACP-PA State Conference, and a group of public school parents. They filed suit in Pennsylvania Commonwealth Court against state legislative leaders, state education officials, and the governor for failing to uphold the General Assembly’s constitutional obligation to provide a “thorough and efficient” system of public education. Petitioners also assert that the massive inequality this system fuels between poor and wealthy school districts discriminates against students in low-wealth communities, violating their right to equal protection in the state Constitution.

The school districts and other petitioners in the case are represented by the Education Law Center – PA, the Public Interest Law Center, and O’Melveny. During a four-month trial before Judge Cohn Jubelirer that concluded in March, witnesses explained in detail the deficiencies of the current system and the extreme, egregious disparities between school districts in Pennsylvania.

For more on the case, William Penn School District et al. v. PA Dept. of Education et al., visit FundOurSchoolsPA.org, a joint online project of the Education Law Center-PA and the Public Interest Law Center.

 

The Public Interest Law Center uses high-impact legal strategies to advance the civil, social, and economic rights of communities in the Philadelphia region facing discrimination, inequality, and poverty. We use litigation, community education, advocacy, and organizing to secure their access to fundamental resources and services in the areas of public education, housing, health care, employment, environmental justice and voting. For more information, visit www.pubintlaw.org or follow on Twitter @PubIntLawCtr.

The Education Law Center-PA (ELC) is a nonprofit, legal advocacy organization with offices in Philadelphia and Pittsburgh, dedicated to ensuring that all children in Pennsylvania have access to a quality public education. Through legal representation, impact litigation, community engagement, and policy advocacy, ELC advances the rights of underserved children, including children living in poverty, children of color, children in the foster care and juvenile justice systems, children with disabilities, English learners, LGBTQ students, and children experiencing homelessness. For more information, visit elc-pa.org or @edlawcenterpa on Twitter.

 

 

Jonathan McJunkin

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Robert Hubbell writes a thoughtful, informative blog. I’m posting this as part of my personal project to understand the new face of white supremacy. White supremacy has always been there, simmering below the surface. Trump invited them to show their faces and step into the daylight. They did, and DeSantis is sending them signals that he wants to be their champion.

Florida Governor Ron DeSantis has set his anti-education sites on Florida’s state colleges. Through a series of political and legal maneuvers, he has ceded control over Florida’s state colleges to ultra-conservative culture warriors like Christopher Rufo. In short order, DeSantis has announced that he will rid Florida state colleges and universities of curricula not “rooted in Western tradition” or that “compels belief in critical race theory or related concepts such as intersectionality.”

Amid the torrent of reporting on Ron DeSantis’s attack on critical race theory and intersectionality, the quiet part is often left unsaid. So let me say it: DeSantis’s educational agenda is code for racism and white supremacy. (Other parts of his agenda seek to erase the dignity and humanity of LGBTQ people.) DeSantis’s invocation of “Western tradition” is meant to suppress knowledge regarding the people (and contributions) of Asia, Africa, South America, Oceania, and the Indigenous Peoples of the Americas. See Talking Points Memo, DeSantis Makes 2024 Ambitions Clear As He Pours Gasoline On His ‘Woke’ Education Fire.

Given DeSantis’s generalized ignorance, his call to focus on “Western tradition” is a slippery slope that will inevitably lead to the discussion of unpleasant truths about America. For example, the enslavement of Black people was a “tradition” in North America for 246 years—and the abolition of that evil practice is relatively recent (155 years ago). So, a college course that honestly addresses the Western “traditions” of North America should include an examination that the role of slavery played in the economic, social, and political development of America.

But DeSantis isn’t stopping at converting Florida’s colleges and universities into re-education camps in the worst traditions of the USSR. He is seeking to up-end centuries of “Western tradition” embodied in the Constitution and the English common law: the requirement of a unanimous jury to impose capital punishment. DeSantis has floated the idea that a less-than-unanimous jury verdict can impose a sentence of death—an unconstitutional proposal designed to inflict the death penalty on more Black and Latino Americans. See Vox, Ron DeSantis wants to make it much easier for the state to kill people.

DeSantis is willing to do all this because he wants to capture Trump’s loyal base—which is the only hope that DeSantis has of becoming a credible candidate. As Trump becomes mired in criminal prosecutions, DeSantis will become emboldened and radicalized beyond his already extremist views. Doing so ignores the lessons of the 2022 midterms: persuadable Americans are done with Trump and his MAGA extremism. Like all military generals, Ron DeSantis is fighting the last war (the presidential election of 2020) and has failed to heed the tectonic shift that occurred in the midterms.

Writing in Forbes, Peter Greene explains why state takeovers fail. Greene retired as a teacher after 39 years in the classroom. They fail and fail, but state legislatures won’t stop imposing them on struggling school districts that need help. The usual traits of a “failing” school or school district: high poverty, high numbers of limited-English proficient students, high numbers of students with disabilities. Funny, one seldom, if ever, finds a school or district in an affluent white neighborhood that needs to be run by the state.

Greene writes:

Since policy writers and thinky tanks first started pushing the idea of identifying “failing” schools, the search has been on for a way to fix those schools. A popular choice has been the school takeover model, where the state strips the local school district of authority and then waves some sort of magic wand to make things better.

The Obama administration used School Improvement Grants as a tool, offering federal funds to schools that were “failing,” but those funds came with very strict rules about how they could be used. This is a good example of the Takeover By Puppetry model, in which the local officials are left in place, but they are only allowed to make certain government-approved moves or must only implement consultant-approved steps. The SIG program spent in the neighborhood of $7 billion. USED’s own report found that it “had no significant impacts on math or reading test scores, high school graduation, or college enrollment.”

That report, to which Greene refers, was released in the last day of the Obama administration’s eight-year term. It gave an F to a major part of the failed “Race to the Top.” $7 billion spent, nothing to show for it.

The more direct takeover approach has also been tried. Tennessee formed the Achievement School District; in this model, the state takes control of “failing schools” and lumps them into a state-run district. The initial promise was that schools from the bottom 5% would be catapulted into the top 25%. After a few years, they were not even close to achieving their, so they rewrote the goal. The head of the ASD moved on to another job. Versions of the ASD have been tried in several states and in cities (e.g. Philadelphia) and in almost all cases, they’ve been rolled back or shut down because they cost a lot of money and achieve few worthwhile results.

Greene lists five reasons that state takeovers fail. Open the link to read them all.

1) The Wrong Measure of Failure

How are we going to decide which schools are in need of taking over? The most common answer is by standardized test scores–which is a lousy answer. This bad definition is important because it biases the process in favor of bad solutions. A school may have a hundred problems, but if all we’re focused on is the test scores, too may real problems will be unaddressed. Worse, many important elements of children’s education will be swept aside to make room for more test prep–the exact opposite of what students in struggling schools need. This is like calling AAA because you’re stranded beside the road with three flat tires, a busted radiator, an empty gas tank, and failing brakes–and AAA sends someone to wax the car.

2) The Wrong Diagnosis

Takeover programs focus on school governance. The thesis of a takeover is that the school board, the administration, and probably the teachers, are the root of all the problems at the school. If we just take them out of the way and replace them with shinier people, then everything will just fall into place. Somehow, all these people who work in the district either don’t know how to raise test scores, or they just don’t care. Resources for the district, issues in the community, systemic lack of support for the school, poverty–none of that is on the table. The belief is that when the old bureaucracy (including unions) is swept away and replaced, preferably by a visionary CEO type who will whip the troops into shape, then everything will run so much better. Often the unspoken premise is, “If we could just run these schools like charter schools…” Here’s what Chris Barbic, who was supposed to be the visionary CEO of the Tennessee ASD, said as he was leaving the job:

Let’s just be real: achieving results in neighborhood schools is harder than in a choice environment. I have seen this firsthand at YES Prep and now as the superintendent of the ASD. As a charter school founder, I did my fair share of chest pounding over great results. I’ve learned that getting these same results in a zoned neighborhood school environment is much harder.

I have always been partial to Greene’s third reason: the mystical belief that someone who works for the State Departmenf of Education knows how to fix everything. This is absurd. You would think even the Legislature knows that Superman or Woman is not in a desk job at DOE.