Archives for category: Equity

For the first time in 25 years, Pennsylvania officials imposed new regulations on charter schools. Charter advocates were not happy, nor were the Republicans who control the legislature.

Pennsylvania’s charter schools may be required to follow certain accounting and audit standards, comply with state ethics requirements, and post enrollment policies on their websites under new rules opposed by charter advocates and Republican lawmakers.

The rules, passed by the state’s Independent Regulatory Review Commission on Monday in a 3-2 vote, were proposed by Gov. Tom Wolf as part of a broader effort to overhaul how charters are regulated and funded — a perennially contentious issue in the education world. Charters, which educate 170,000 students across Pennsylvania, including one-third of all Philadelphia public school students, are paid by school districts based on enrollment….

Mastery Schools, Philadelphia’s largest charter network, said in written comments submitted to the commission that the regulations “threaten the very existence of the public charter schools that have been transformative to our children’s lives.”

The same regulations that public schools must follow are somehow a mortal threat to charters.

Leonard Pitts Jr., a columnist for the Miami Herald, opines that conservatives have always been on the wrong side of history. They fought the civil rights movement. They fought women’s rights. Now they’re fighting gay rights.

He writes:

They have never once been right.

Did you ever notice that? Do you ever think about it? Never once.

Oh, in matters of, say, foreign affairs or military strategy, one might contend that conservatives have had their moments, made arguments that, arguably, made sense. But on matters of social evolution, they’ve compiled a remarkable record: They’ve never been vindicated by history. Rather, they’ve always been repudiated by it, always been wrong…

Barry Goldwater once saying that he had nothing against a woman running for vice president, “just so she can cook and get home on time…”

Nor are the right’s wrongs limited to matters of human freedom. Every art form that ever dared deviate from status quo — music, film, books, comic books — has had to run a gauntlet of conservative opprobrium. As far back as the 1920s, they were up in arms over a new music called jazz.

It’s a history that provides a jaundiced context for the latest right wing crusade. Meaning the one against LGBTQ kids. Florida’s Legislature passed its obnoxious “Don’t Say Gay” bill last week. Gov. Ron DeSantis, evidently determined to leave no principle untrampled in his hoped-for march to the White House, is expected to sign it….

Which brings them into conflict with conservatism’s reflexive terror of anything that does not fit inside the white picket fence of its imagination. That tendency to look ever backward toward an imagined better past, that timorous inability to face the future — heck, to face the present — and the challenges of change, is what had conservatives at odds with everyone from Louis Armstrong to Martin Luther King to Gloria Steinem.

Now it has them standing between children and their teachers and doctors. It is cold comfort to know that these acts of invasive cruelty will one day stand condemned by history, but they will. We’ve seen this movie too many times to doubt it. You’d think that would matter to conservatives; you’d think they’d think about it. Then you remember that fear and thought are incompatible; it’s almost impossible for them to exist in the same space.

So LGBTQ kids and their allies can only put their heads down, work for change and take such satisfaction as they may find in the fact that, where social evolution is concerned, conservatives lost the 20th century.

Now they’re about to lose the 21st.

Sweden is debating the effects of its program for school privatization, which began under a conservative government in 1992.

The following article, translated from Swedish, was written by Lars Anell. Anell is an economist with a degree from the Stockholm School of Economics. He has worked at the Ministry of Finance and the Ministry of Foreign Affairs. He was head of the development agency SAREC 1980-83, and was on the Prime Minister’s Committee under Olof Palme. In the years 1994–2001, he was responsible for social issues at Volvo. He has also been chairman of FAS, the Research Council for Working Life and Social Sciences, as well as UN Ambassador and EU Ambassador. Lars Anell is currently Chairman of the Board of the Arena Group.”

The article has lessons for the U.S. First, the bold promises of privatization are seldom, if ever, realized. Second, once privatization takes root, its economic and political beneficiaries strongly defend it, regardless of the consequences for students and society.

Lars Anell writes:

The author of the book Barnexperimentet, Per Kornhall, wrote an article in Dagens Nyheter in 2012 under the heading The principle of a good school for everyone no longer applies in Sweden. He had then decided to leave the National Agency for Education but was formally still employed there – and realized that he had probably crossed the line of what an official should say in public. When he entered the coffee room on Monday morning, the employees raised a spontaneous applause. Those who worked with school issues knew that the activities no longer met the school law’s requirements for an equivalent school. But politically, nothing happened. There was no debate at all

There is a short narrative about how this came about. When joint-stock companies were allowed to run tax-financed schools in the early 1990s, they received compensation that corresponded to 85 percent of the municipal cost per student. An inquiry found this too generous and suggested a level of 75 percent. Instead, a Social Democratic government gave the school entrepreneurs more than what they could have dreamt of – 100 percent. This story is not entirely true. Many would probably say that it is misleading. On the other hand, it is obvious that no one thought about the consequences of allowing schools run for profit.

Stage 1

In September 1991, Ingvar Carlsson’s Social Democratic government commissioned the school director in Stockholm, Mr Sven-Åke Johansson, to investigate “certain issues concerning fees at independent schools.” At this time, there were no for-profit schools. The assignment essentially concerned Waldorf schools, Montessori-inspired and confessional schools that were largely financed by fees and parents’ voluntary efforts. In total, less than 1 percent of pupils with compulsory school attendance were in the schools affected.

The investigator emphasized that the basis for assessing student costs was shaky. Questionnaires were “incomplete and forms not properly filled in.” All schools concerned were dependent on extensive voluntary efforts, but “only a small number of schools in the survey have been able to assess this value.”

If you took the actual cost per pupil, it stayed at SEK 28,000 – 40 percent less than the municipal schools´ average cost. After trying to estimate the value of parents´ voluntary contributions, the investigator calculated that the student cost in independent schools was 13 percent lower.

An interesting aspect is that the investigator took a clear political position. The activities at the independent schools were characterized by a lack of money, low salaries and large non-profit efforts. “Now we notice,” writes the lone investigator, “a clear will to change these unfair conditions. The change is justified and positive. “

However, the investigator was bypassed by Carl Bildt´s right-of center government, which took office after the 1991 election. The new Minister of Education, Ms Beatrice Ask, proposed, in bill 1991/92:95, that municipalities should be allowed to reduce the compensation to private for-profit schools by 15 percent.

The investigator nevertheless completed his assignment and pointed out that the municipalities responsibility for the whole system justified a larger deduction. Most independent schools would fully cover their costs with a public subsidy of 75 – 85 percent of the municipal average cost. He also pointed out that the establishment of independent schools inevitably led to increased costs – especially for premises.

The central conclusion in this context is:

“The basic and statutory grant percentage for independent schools must be set so that competition between municipal and independent schools takes place on equal terms. According to my analysis, its lowest limit can then not exceed 75 percent of the municipality’s average cost per pupil.”

But this conclusion must be qualified. The investigator was tasked to design a system that would free non-profit schools from the obligation to charge fees to finance the activities. He also suggested that these schools should continue to be able to charge certain student fees.

Stage 2

The above-mentioned bill 1991/92:95 on Freedom of choice and independent schools is surprisingly short, which is due to the fact that there was no basis whatsoever to refer to. The ongoing inquiry is mentioned in passing but its report was not yet available. The dramatic change in the Swedish school system, unparalleled in the surrounding world, which this bill portended was not preceded by any preparation and was not met by any organized political opposition.

As said, one explanation is that there were no profit-driven schools yet – dreaming was allowed. And Swedish pupils still scored exceptionally well in international competition.

It is quite clear that Ms Ask, wanted to see more alternatives to the municipal school in order to increase the opportunity for students and parents to choose freely. This would also increase parental involvement and municipalities’ sensitivity to citizens’ wishes. Above all, there was a need for new ideas and pedagogical creativity. “It can be about parent cooperatives, focus on special subjects or schools in sparsely populated areas that can get a new chance under new leadership.” Ms Ask said that this would lead to “better incentives for cost-effectiveness” so that we get “a more efficient use of resources within the overall school system.”

She emphasizes commitments that independent schools can avoid (health care, school transport, home language teaching, especially resource-intensive students and the obligation to take care of students who have left an independent school) but still maintains that the student grant may not be reduced by more than 15 percent. But nowhere is it said that a municipality must adapt the grant to the independent school’s lower cost. It is worth adding that neither Mr Johansson’s 75 nor Ms Ask’s 85 percent are based on any reported analysis.

We must continue to keep in mind that this bill was presented when all independent schools were non-profit and still had the right to charge tuition fees. Ms Ask announces that she intends to return to the Riksdag in the matter. Bill 1991/92: 95 is therefore in many ways a signal of what is yet to come.

However, two sentences are worth remembering:

“My aim is to control the activities of independent schools as little as possible. At the same time, however, there are strong reasons to make it clear that, as they receive general grants similar to the public school system, they must not contribute to economic and social segregation “

The Bildt Government´s second bill on freedom of choice in schools (1992/93: 230) is a somewhat more comprehensive document that is based on an internal paper (Ds 1992: 115) and a public report on grants and student fees (SOU 1992: 38).

The paper dealt with opportunities to choose a school, financial conditions for independent upper secondary schools and opportunities to outsource all or part of an education to another principal. The proposal is that “municipalities and county councils may enter into agreements with a joint-stock company, a trading company, an economic association, a non-profit association or a foundation to perform some of the tasks for which the municipalities and county councils are responsible according to the Education Act.” However, the public responsibility for the school system may not be transferred. The municipality must have full control and a municipal employee must “perform some of the principal’s tasks that involve the exercise of authority, e.g. the issuance of grades. ” Swedish Employers´ Association and the Swedish Association of Local Authorities were in favor of outsourcing schools, but most other consultative bodies were negative. The National Audit Office pointed out that the memorandum did not contain any impact assessment or even a discussion of whether there was a need for contracting solutions.

In the above-mentioned public report, reference was made to the Riksdag decision that the minimum contribution to independent schools shall be 85 per cent of the municipality’s student costs. ” This means that “there is a risk that the independent schools will have more favorable conditions for running activities than the municipal schools.” To create equal conditions, the level should be 75 percent. Only a few of many institutions that provided comments (Nacka and Västerås municipalities and the National Association for Waldorf Pedagogy) wanted to keep a minimum contribution corresponding to 85 percent of the municipality’s own costs. Virtually everyone else wanted to reduce it to 75 percent – some municipalities (Haninge, Hudiksvall and Sundsvall) wanted to go even further. Several consultative bodies pointed to the risk that municipal schools will be disadvantaged.

The bill is interesting in several ways. The ideological attitude is that more independent schools is positive in all dimensions – above all, it leads to pedagogical renewal and increased freedom of choice – and problem-free for all concerned. Even increased bureaucracy is welcomed – “the municipal accounting systems have become more sophisticated when the municipalities have been forced to produce different types of costs and average costs for the school system.” The fact that parents and pupils will be forced “to make an active choice of school” is seen as progress. For some unknown reason it is asserted that competition between several principals is expected to give “the municipalities completely new opportunities to achieve coordination and synergy benefits.”

Against this background, it is interesting that the actual proposals are so timid. “I am not prepared to propose a general opportunity to outsource primary schools,” writes Ms Ask. However, it will be possible for the government to grant an application from a municipality to contract out a school to another principal.” As regards upper secondary schools, the area that will primarily be relevant is vocational training related to relevant companies. Education in economics, technology and aesthetic subjects may also be considered if the teaching has a “vocational character.” In other respects, special reasons are required for the government to approve an independent school.

Most surprising is that the principal and her duties cannot be relinquished. The municipality’s control is thus guaranteed by the requirement to appoint a head-master for independent schools. This means that the term grades are set by teachers, while the principal is responsible for the grade documents issued in the municipality’s name.

The consultative bodies’ solid support for lowering the minimum level for the student allowance to 75 per cent is rejected. But the only argument is that the decision of 85 percent was made less than a year ago.

This bill was written when the expansion of independent schools had begun. In just one year, the number of students had doubled. But there are no thoughts at all about what this development could lead to. The language is toned down. In the internal paper there was talk of joint-stock companies. The bill calls the contractors natural and legal persons and the word profit is never mentioned. But there was nothing that presaged the coming of a capitalist school market.

Stage 3

After the 1994 election, responsibility for the country’s education system again fell to a government led by Ingvar Carlsson. The first measure was to give municipalities the opportunity to reduce the student grant to independent schools by a maximum of 25 percent of their own average cost (Bill 1994/95: 157). The Minister of Education, Ms Ylva Johansson, bases this position entirely on the investigation Mr Johansson made three years earlier. Nothing is said about the risk that independent schools will still receive more than the full cost. The municipalities are not forced to stay at the minimum level.

One year later, in bill 1995/96: 200, the minimum level is replaced by the rule that a student in an independent school must receive a grant according to the same principles that apply to the municipality’s own schools based on the school’s commitment and students’ needs. This opens the way for a powerful overcompensation of independent schools.

The bill is based on two investigations. The report Equal education on equal terms is permeated, like all other documents from this time, by the notion that independent schools are a complement that enriches the municipal school system by increasing diversity and pedagogical creativity. Equal conditions for schools with different principals are seen as “a prerequisite for all parents and students to have freedom of choice and not just financially strong groups.”

The report emphasizes the teachers’ competence as a prerequisite for a school to be able to respond to the requirements of the School Act and the goals of the curriculum. No special admission principles should be applied, but the Education Act should not force an independent school to accept a student “if the reception would lead to significant organizational or financial problems.” The municipality’s contribution shall be based on “the school’s commitment and the students’ needs on the same grounds and according to the same principles” that apply to its own compulsory school. A municipality must be able to prevent the establishment of an independent school if it has “significant negative consequences for other students” or if it “can have serious effects on the municipality’s compulsory school activities as a whole.”

The report Independent upper secondary schools (SOU 1995: 113) initially states that independent schools often “received grants that were higher than the amounts prescribed by the government” and emphasized that equal conditions are a prerequisite for equivalent education. It is then determined that “nationally prescribed amounts” shall no longer occur. Municipalities must calculate the student allowance on the basis of the school’s actual costs, based on the school’s commitments and the students’ needs. The calculation shall be made on the same basis and according to the same principles that the municipality applies in terms of costs for students who attend a corresponding program in a municipal school. “

Bill 1995/96: 200 is dominated, like all other texts, by promises of a good and equal education for all students, regardless of where they live, socio-economic conditions and the school’s owner. This will be achieved through competition on equal terms between municipal and independent schools. “Diversity itself is positive and does not stand in opposition to equality and good quality. On the contrary, diversity is usually a prerequisite for development and pedagogical renewal.” Great emphasis is placed on the influence of parents and students over school and teaching, while the role of teachers is given a less prominent place.

Ms Johansson, followed the inquiry’s (SOU 1995:109) advice regarding the size of school fees. The current order was considered to have been too rigid. The proposal was thus that grants should be given “according to the same principles that are applied to the municipality’s own” schools “based on the school’s commitment and the students’ needs.” If the establishment of a school can have significant negative consequences for a municipality’s school system, the National Agency for Education may refuse to pay grants.

A key aspect that was only touched on by a few consultative bodies was that the municipalities have dual roles – they finance and compete with independent schools. Surely there was a risk that a municipality would favour its own schools? I do not see that Ms Johansson answered this question. The only thing said is “that the municipalities develop clear rules for their resource allocation that can be evaluated.”

This bill sets out the basics for calculating school fees, which does not mean that all schools should receive the same amount. According to the public report A common concern (SOU 2020: 46), however, an agreement with the Green Party led to the level of compensation being raised to 100 percent in 1997. This laid the foundation for the sharp overcompensation and competitive advantage for profit-driven schools that still applies.

It is worth mentioning that the Bildt government’s proposal was to outsource teaching. This indicates an agreement between the municipalities and the contractor in which the assignment to be performed is specified. The Social Democrats did not argue against the idea of independent schools but opposed it being done on a contract basis. In reality, the joint-stock companies that established themselves came to enjoy almost total freedom from oversight.

In the rearview mirror:

With the fragile authority of hindsight, it is easy to judge these bills, investigations and memoranda as clueless and vacuous – and full of hopes that proved pious. If you want to find a single insight into possible consequences, you have to look in the rich harvest of comments from consultative bodies – and even there they are thin on the ground. It must therefore be repeated that even in the mid-1990s, only a few percent of the students went to what could still be called independent schools. And most of them applied an alternative pedagogy. There were not yet any school companies with the venture capitalist’s required rate of return and tax domicile in Luxembourg.

It is only in the rearview mirror that we see that it was unfortunate to abandon the model with a recommended minimum level for grants to independent schools. Judging by the consultation responses to the report Grants and student fees (SOU 1992:38), there was solid support for a compensation level of 75 percent. The argument in Bill 1995/96:200 that it means “an overly rigid allocation of resources, without regard to the needs of the students or the commitment of the schools” is not true. It is not a standard rigidly applied but a guaranteed minimum level for the entrepreneur who wants to establish an independent school and takes into account the fact that municipalities have a greater and more costly responsibility. From this floor, municipalities have all the flexibility in the world to adapt the grant to the commitment of independent schools in addition to the minimum requirements.

Another fundamental condition is that the market to be exposed to competition is autonomous in the sense that effects do not spill over into the surrounding society. If we accept that human capital is a nation’s most important asset – a rule of thumb says that it is worth five times more than other physical production resources – then the school market is by far the least autonomous. This is also a reason to nationalize the school. The state has an extraordinarily strong reason to guarantee that that all young people receive a solid education and opportunities to realize their full potential. This incentive is not at all as strong in municipalities that lose all their young people to universities in larger cities.

Why did we not see it coming?

In fact, it should have been possible to see what would happen. It is extremely attractive to sell goods and services to public authorities. The customer is not only flushed with cash but legally obliged to buy; the cost of capital is low; it is easy to enter the market; the risk is almost non-existent; advance payment is common and the cost of product development is negligible. In the early 1990s, the “school market” in Sweden was opened to virtually anyone who could rent a square room for thirty students. The state abdicated and during the first fifteen years, in practice, all applicants were approved.

The main players in this market were municipalities; a number of companies of varying size that ran schools for profit as well as students and parents who were free to choose school. Students brought with them a voucher of a fixed value. Crucial to the success of private actors was therefore to fill the classrooms. They could choose between two strategies. The hope expressed in the government’s bills was that they would invest in high quality and pedagogical renewal at the same time as competition would guarantee a wise management of resources. This strategy requires investment over a longer period of time. The company must be able to recruit the best teachers; provide attractive premises; have a well-equipped library and access to various types of support staff. It may work, but it requires at least two things. There must be an independent body that evaluates and informs about the high quality and customers must demand a good education and not primarily be interested in good grades. A faster way is to keep costs down. If this strategy is chosen, the quality-adjusted teacher density will be lower; the school library may be missing; premises and schoolyards are less efficient and the nurse is seldom seen. The most important thing for frugal school entrepreneurs is to be able to select students. If it succeeds, the dividend will be doubled. Caring and problem-free students with highly educated parents create an attractive study environment that attracts other students and teachers while keeping costs down. A troubled boy with reading and writing difficulties costs more than school fees. For a school that invests in reducing costs, it becomes almost inevitable to dog-whistle that high grades can be obtained without too much work.

That competition would lead to grade inflation should not have come as a surprise. It arises in all markets where schools have a financial incentive to compete for students. This is very true for many American universities. Michael Parkin states in his textbook Macroeconomics that “grade inflation, well documented in many schools, is particularly characteristic of Ivy League universities.” The cost of studying at the top universities is very high. It is then natural that the customer wants value for money and the universities have every reason to oblige. At Princeton, the situation became so alarming that management was forced to decide that only a third of the students could be considered for the highest grade. It is actually quite obvious that schools-for-profit will provide high grades if that is what the customer demands. Swedish parents and students are very keen to get good grades – they may be worth millions – and Swedish for-profit schools have at least as strong arguments as American universities to satisfy the customer’s wishes. However, we are alone in letting the taxpayer foot the bill.

If high grades become a desirable benefit for students and parents (regardless of whether they reflect knowledge and skills), we should expect that this demand is primarily met in municipalities where private and municipal schools compete. Profit-driven schools must fill the classrooms and the municipal ones must keep up. The high grades are then not necessarily a result of increased knowledge but of the competition itself. The effect is likely to be visibly greater in upper secondary schools than in primary schools.

We can now see the results. The quality-adjusted teacher density is and has always been much higher in municipal schools and the difference is greatest at upper secondary school level. The cost of students is clearly lower in schools run by joint-stock companies. These companies have been extremely successful in selecting students from socio-economically strong backgrounds. Admission on the basis of queuing time practically excludes newly arrived young people.

High school diplomas are worth many millions because they provide access to attractive higher education. All indications show that parents and students prioritize grades over education and educational experiments. Children of highly educated parents manage even if the school’s teaching is mediocre. Teachers complain about late evening calls from aggressive parents. Complaints are almost always about grades – rarely about substandard education. It is therefore inevitable that competition drives joy ratings. At the same time as Swedish students’ performance according to all measurements has fallen since the mid-1990s, the grades have skyrocketed. The tendency to give joy ratings is greater in profit-driven schools and in municipalities where competition with municipal schools is stronger.

When the state handed over the responsibility of education to the municipalities, several school politicians warned of what would happen. What no one seems to have expected is that many municipal politicians would abandon their own schools and wholeheartedly invest in attracting profit-driven schools to establish themselves. The large school groups, especially the International English School, have not only been overcompensated by the regular school fees. In many cases, they have also received bespoke subsidies from municipalities.

Who gets the money and what did we get for it?

Despite the fact that schools run by joint-stock companies since almost thirty years have received 10 – 25 percent more than they have earned, they apparently have a hard time making ends meet. The standard answer from the National Association of Independent Schools is that the profit margin is a modest 3,5 percent. This is reminiscent of the old story of the CEO who asked his auditor what the profit was and got the counter-question: What do you want it to be? When Mr Ilmar Reepalu was commissioned to investigate a profit ceiling of 7 percent, we were told that the industry would wither away if this became a reality. The finance company in Luxembourg, Paradigm Capital, which in 2020 bought out the International English School from the stock exchange for just over SEK 3 billion, is not known for investing in low-yielding assets. The capital that forms the basis for the percentage is a highly malleable entity. The traditional way to hide an uncomfortably large profit is to buy services from other companies in the group (which are often in a more attractive tax jurisdiction) at a premium. For instance, school companies can pay high rents for the premises they have in many cases acquired for a song from a friendly-minded municipality. High executive salaries also lower profits. Managers in private companies have a remuneration that the country’s prime minister does not even dare to dream of. Ann-Marie Lindgren reports, in her well-documented paper Every wasted tax crown, that the CEO salaries in the six largest health and care companies in 2019 averaged 7 million or 580,000 a month. In the same year, the directors general who led three authorities with supervisory responsibility for healthcare (the National Board of Health and Welfare, the Swedish Public Health Agency and the Swedish Health and Care Inspectorate) together received a monthly salary of approximately 370,000.

We can also be sure that the money does not go to high teacher salaries and student care. In both these respects, private schools have clearly lower costs. Many municipalities have also used the opportunity to subsidize rents. Mr Tobias Johansson-Berg, professor of business administration, has recently suggested that instead of limiting profits, school companies should open their books and openly show what money is used for.

But more important, of course, is the added value we are promised as a result of competition between municipal schools and those run as joint-stock companies. The award-winning journalist Mr Kristoffer Örstadius has for several years studied results and grades in Swedish schools. In a popular article, he anonymised some schools’ PISA results and was able to show that the students in the acclaimed English school in Bromma had clearly worse results in mathematics than those who went to the municipal low-performing Petrus Magni school in Vadstena – but the girls and boys in Bromma received better grades. His latest fact-checked article in Dagens Nyheter (2022-02-18) is mainly about primary schools and is based on a comparison between the schools’ final grades and the national tests. It then turns out that “the grades are…systematically more generous in independent schools than in municipal schools. The difference is significant in all school subjects with national tests except Swedish” An interesting circumstance is that the independent schools that are run as joint-stock companies are more likely to give joy ratings than those that are run in the form of foundations. It is also clear that national tests have a restraining effect. In uncontrolled subjects such as art, music and home economics, all inhibitions are thrown to the winds as far as grade inflation is concerned in private schools – especially in the three largest groups.

Örstadius refers to several studies that show that independent upper secondary schools give more generous grades than municipal ones. But despite its lower grade point average, “municipal” students perform better in the first year of university than students from high schools that are run as joint-stock companies. This is in line with the conclusion of a study from the National Agency for Education, From upper secondary school to university, which studied the students who went directly from high schools to the university in the academic year 2014/15:

“The students who have attended an independent upper secondary school have lower performance – despite the fact that this group generally has slightly higher grades from upper secondary school. This difference applies to students at different levels of grade points, and to each of the college preparatory programs.”

The School Commission stated, like many others, that the Swedish schools no longer provide equivalent education for all pupils. Above all, the young people who have the worst conditions have been left in the lurch. The growing segregation is essentially due to other factors, but the promised reduction has not materialized. That competition would contribute to cooperation and synergy was never credible. Home and School associations no longer have a meaningful role in municipalities with a fragmented school system. The pedagogical renewal is not visible. If we accept that higher education credits are an adequate way of measuring the quality of the school, the experiment that began in 1991/92 seems to have produced negative added value.

Towards a brighter future?

The legal institution of limited companies was created in order to give entrepreneurs the opportunity to run profitable businesses with limited personal risk. As long as we allow these companies to sell educational services in Sweden, it will be difficult and expensive to steer development in the right direction with rules and controls. The incentives to provide customers with joy ratings and keep costs down by choosing “cheap” students are compellingly strong. When the “children’s experiment” (Barnexperimentet) began shortly after the school was communalized, the state largely relinquished responsibility for the activities. For a short time, even the activities of private schools were classified. As the need for transparency and control increases, a chorus of teachers testifies to the documentation hysteria that has befallen them.

Nationalizing the school is a step in the right direction, even if part of the business is still run by profit-motivated joint-stock companies. Education from an early age to university studies is society’s most important “production” of genuine public benefit. As shown, the state has a clearly stronger interest than municipalities in giving students a solid foundation for a future professional career and competence to pursue university studies. No matter how a grant system is designed, it must be equal in all municipalities according to the Education Act.

It is of course possible to let university entrance exams determine who gets admission to university studies. However, it will be expensive and opportunistic. The training would focus on passing a test. But above all, we would lose the information value of the grades. An old-fashioned high school diploma – a teacher’s assessment after following their students for three years – has proved to be an excellent and broad proof of competence. The focus should preferably be on strengthening the legitimacy of the grades.

Magnus Henrekson et. al. mention, in the book Kunskapssyn och pedagogi the possibility of having anonymised tests corrected by independent assessors. One such system – the International Baccalaurate Diploma Program – is available in 127 countries and offers tuition at 30 upper secondary schools in Sweden. It is expensive but possible.

Penalty fees against schools that obviously issue joy grades are not appealing. Neither is it possible to tolerate that some schools raise the grades and steal university places from young people who have earned them. In a state system, it would be easier to solve this problem for the simple reason that the state really wants to do something about it.

A simpler alternative is to set the minimum subsidy at 75 percent of the average municipal school fee (it was enough once upon a time) and pay private schools for reported extra costs. This would require the open accounting of the school groups that professor Johansson-Berg advocates.

All these proposals will be met with furious criticism from the school groups’ advocates. It is then important to remember that the experiment was never aimed at creating profitable joint-stock companies that ran schools, but at developing a school system that give all children and young people a chance to “realize the desire of their best moods.”

The program that the present Minister of Education, Ms Lina Axelsson Kihlbom, recently announced is very promising. It addresses a number of issues. Student admission should be fair. The school’s focus on knowledge must be strengthened. We will have better conditions for security and study peace – and the teachers will decide in the classroom. Municipalities should be given the opportunity to reduce the compensation to profit-driven schools because they have a lower cost responsibility. It is all well and good but what happens if municipalities want to overcompensate the school groups?

The National Education Policy Center reviewed a report about the relationship between school choice and equity. Basically, equity is an afterthought, not a goal.

Rhetorically, school choice advocates regularly claim that these policies advance equity. Yet a new research report of school choice policies in five geographically and demographically diverse states found that equity has been little more than an afterthought in the development and implementation of these policies.

The study is based on interviews conducted with 58 state policymakers and experts in Colorado, Florida, Louisiana, Michigan, and Oregon. The states were selected with an eye to including a diverse set of geographic, demographic, and school choice policy settings.

Authored by NEPC Fellow Katrina Bulkley of Montclair State University in New Jersey, and by Julie A. Marsh and Laura Mulfinger of the University of Southern California, the report, States Can Play a Stronger Role in Promoting Equity and Access in School Choice, was published in December by the National Center for Research on Education Access and Choice (REACH) at Tulane University in Louisiana.

The researchers found that, rather than equity, lawmakers in the five states emphasized factors such as local control, innovation, efficiency, and parental freedom when designing school choice policies.

These policies have a predictable impact. “A very large number of the charter schools in Colorado serve and explicitly are designed to serve middle-class or even upper middle-class students,” a staff person with the Colorado School Boards Association told the authors of the report.

There are more than a handful who are, for all practical purposes, college prep programs for high-income families. And out of the way we’ve written our laws and the way they’re structured, there’s no reason for them not to do that.

Although the researchers found that state choice policies were neither created with equity in mind nor consistently made more equitable over time, they did suggest several steps that policymakers throughout the United States can take in order to make school choice more accessible, and perhaps therefore more equitable.

  • Accountability: Schools of choice—including charter and voucher schools—should be held accountable for, and incentivized in the direction of, providing high-quality options to historically underserved student populations that too often encounter limited or low-quality school options in or near the neighborhoods where they live.
  • Information: The researchers found that information on schools of choice and school choice policies can be difficult to find and understand. This information needs to be widely available and comprehensible.
  • Enrollment: Burdensome enrollment processes can shut out students from historically underserved groups. States should step in to ensure that this is not the case. The researchers positively highlight a policy in Oregon that financially incentivizes schools of choice to enroll students from underserved populations.
  • Teaching: States should promote teacher quality measures for all schools of choice while also acknowledging the need for teachers who understand culturally relevant pedagogy and other measures designed to serve students from underserved populations.
  • Transportation: Families are often required to provide their own transportation to schools of choice. This can effectively shut out lower-income students whose parents lack the means to help them get to and from school.

These recommendations align with some of those offered in the new book, School’s Choice: How Charter Schools Control Access and Shape Enrollment, by Wagma Mommandi and Kevin Welner. Yet addressing accessibility within school choice systems is best thought of necessary but not sufficient for reaching larger education-equity goals, which must be focused on children’s actual experiences in school as well as the health of the overall system of choice schools and neighborhood public schools.NEPC Resources on School Choice ->

Stephen Sawchuk wrote in Education Week about the ways that public controversy about “critical race theory” is affecting the drafting and revision of state history standards. He looks closely at three states that revised their history standards in 2021: Louisiana, New Mexico, and South Dakota.

For months, GOP officials and FOX news kept up a steady and alarming drumbeat, falsely claiming that public schools were indoctrinating white students to hate America and to be ashamed of their race. This weird notion was suddenly discovered in the last year of the Trump regime, when beating up on public schools became a cultural wedge issue. The governor’s race in Virginia showed that the campaign against CRT was effective in rousing people’s fears.

As Sawchuk shows, the effort to twist U.S. history to leave out anything bad that happened in the past is working its way into state standards. Message from the GOP, FOX News, and Chris Rufo: Teach lies about U.S. history!

He writes:

Spiked drafts. Allegations of political interference. Confusing terminology. And thousands of angry comments: The volatile debate over how to teach about America’s racist past is wreaking havoc on states’ processes for deciding what students will learn about history and social studies.

In state after state, commentators and politicians contended that proposed expectations for social studies embedded “critical race theory”—even as the educators sitting on the panels writing the new standards defended them for providing an honest, if sometimes challenging, view of America.

Education Week reviewed hundreds of standards and thousands of pages of public comment relating to the standards-writing processes in South Dakota, Louisiana, and New Mexico, all of which took up revisions in 2021, and interviewed writers, educators, and state officials. Across the three states, we found:

  • None of the three states’ drafts mentioned the term critical race theory, but in written comments, people attacked dozens of standards in Louisiana’s and New Mexico’s drafts for purportedly embedding it.
  • In South Dakota, state officials removed about 20 references to Native Americans from the draft submitted by the standards-writing panel—then scotched the draft altogether.
  • The critiques about CRT in Louisiana led the writers to recast some standards and to delete others. And public comment protocols in Louisiana were changed out of fear for the writers’ physical safety.
  • The teaching method of having students take civic action to address classroom and local problems—an approach some conservatives contend is indoctrination—was mysteriously cut from both Louisiana’s and South Dakota’s drafts.
  • About 1 in 10 of some 2,900 pages of comments on the New Mexico standards referenced CRT, often citing language in the draft about “social justice,” “group identity,” and “critical consciousness.” Those terms also attracted confusion from district leaders wondering how those tenets should be taught.

The findings illustrate how the fallout from the confusing and often misleading debate about CRT stands to alter history education in U.S. schools through subtle—but material—changes to day-to-day teaching expectations.

“Standards provide teachers with cover to teach hard things—controversial things,” noted Lynn Walters-Rauenhorst, an instructor and student-teaching supervisor at the University of New Orleans, who was among the writers of Louisiana’s draft. “If we don’t have standards that support deep inquiry about things that may not be the easy topics to cover, then teachers aren’t going to do it.”

And the discord stands as another testament to how the country’s polarization has affected K-12 policymaking at large.

“The uncivil discourse centering around these issues is detrimental not only to the process, but really, it’s also detrimental to these embedded ideas in our constitutional democracy of compromise, of listening to each other, not always agreeing,” said Tammy Waller, the director for K-12 social studies at the Arizona education department.

Arizonans, she noted, faced some controversies over topics like civil rights and the LGBTQ movement when completing the state’s 2018 social studies revisions, but ultimately officials were able to complete a set everyone could live with. That is getting harder.

“In the past I feel like we could have disagreements, and even really intense disagreements, but in the end, it wasn’t a zero-sum game,” Waller said. “We felt like we had something bigger that we were responsible for.”


Critical race theory—originally an academic tool for analyzing how racism manifests in public policy—has morphed into a catch-all term wielded by critics of districts’ efforts to rid schools of systemic racism.

Since the topic exploded in the national discourse last year, a media frenzy has focused on sensational incidents, like reductive diversity trainings for administrators on “white supremacy culture”; a handful of fired teachers and principals who led controversial lessons about racism; and, most recently, on the removal of books written by Black authors from school libraries dealing with themes of racism.

Those are important stories. But states’ revisions to history standards have attracted far less attention, even though they stand to affect millions more students.

Unlike education expectations in reading, science, or math, history standards serve a unique civic function. They are the starting point for textbooks—the narratives that make up most students’ first, and often only, introduction to the American story. In theory, the discipline also gives students an introduction to the tools historians use to interrogate, question, and revise those narratives.

Crafting these K-12 standards is by definition a normative process. It demands that states reach consensus about what students should know. And implicitly, the standards either help tee up—or elide—the difficult and subjective question about the extent to which our country’s practices have matched its ideals.

That question is especially relevant for K-12 students, who are now 54 percent Asian, Black, Latino, and Native American. Where—and how—are these students reflected in this complex story? What does their inclusion or erasure mean for their understanding of who they are as Americans? To what extent should K-12 teaching reflect academic scholarship, which has produced increasingly rich insights over the past three decades about cultural history, especially the experiences of women, Black Americans, and immigrants?

States update teaching standards—the key guide for the content and skills that teachers must cover—about once every seven years. Teachers are legally and professionally obligated to cover these standards, which are usually drafted by panels of teachers, content experts, and lay people. The public also offers feedback before final versions are adopted by state boards of education. …Read more

To illustrate these complex issues, take one representative standard currently under debate in Louisiana in grade 7. The standard, a broad one, directs teachers to explain events and ideas in U.S. history between 1789 and 1877, “including, but not limited to, the Whiskey Rebellion, Indian Removal Act, Fugitive Slavery [sic] Act, Reconstruction amendments.”

As currently written, the standard highlights uneven progress towards true participation in the American democratic experiment. But several commentators in the state suggested replacing those examples with touchstones emphasizing expansion and enfranchisement, though mainly of white Americans: “Jacksonian democracy, Texan independence, Manifest Destiny, and Reconstruction,” they wrote.

What the state standards address also has huge implications for the type of instruction teachers deliver. The current political climate means few teachers are likely to put their careers on the line to go beyond the text of the standards. In some 14 states, officials have passed vaguely worded laws or regulations that constrain how teachers can talk about race and gender. Administrators have largely advised frightened and confused teachers by the mantra: Keep to the standards.

“Teachers are not going to stick their neck out to teach something they think they ethically should talk about, but isn’t going to be assessed,” said Walters-Rauenhorst. “There’s no upside for them.”

EdWeek selected the three states—Louisiana, South Dakota, and New Mexico—for analysis because all three issued at least one draft set of standards in 2021, and received public feedback on that draft.

Other states in the beginning of rewriting their standards are already starting to see the same sort of contention. Minnesota, midway through its own process, has faced tensions over an ethnic-studies portion of its standards; in Mississippi, legislators filed a bill in November to outlaw critical race theory just weeks before the state education department posted a history draft for review….


LOUISIANA: A CRT Reckoning Awaits

Image of a proposed Louisiana standard.

One by one, the commentators stood up at a June public meeting, one of three that the standards-writing committee held to present updates. And one by one, they condemned the state’s draft history standards for purportedly including critical race theory or indoctrinating students.

A typical example: “There is no reason to make students feel guilty,” one speaker said. “We should teach the good things about this country.”

Another: “If you want to continue to talk about slavery, [you should] go to China now…”

Now it’s unclear what will happen to the draft, which is set to be taken up by the state board of education in March.

“I went to law school; I learned critical race theory in law school; I have a Ph.D. This is not something we use in K-12,” said Belinda Cambre, a social studies instructor at a lab school located at Louisiana State University who contributed to the draft. “Really the whole issue saddened me more than anything else, that it could be so weaponized to turn people against talk of diversity.”

The criticism took its toll. Even before the Louisiana department opened up an online public-comment portal, the writers had made significant changes in response to the bruising June feedback.

By August, they had removed the word “equitable” from one kindergarten standard. (That word, along with “equity,” is considered shorthand by some critics for critical race theory.)

Some revisions reframed a standard in a more optimistic way: One in the high school civics course originally called for students to “examine issues of inequity in the United States with respect to traditionally marginalized groups.” In its rewritten form, it calls on them to “analyze the progression and expansion of civil rights, liberties, social and economic equality, and opportunities for groups experiencing discrimination.”

By far, the most substantive revision to the draft was the deletion of one of the overarching skills for students—meant to be embedded across the grade levels and courses—called “taking informed action.”

This thread aimed to get students to take civic action to address classroom, school, and community problems—they might, for example, brainstorm ways to reduce waste or prevent bullying at school. Now, the entire practice has been removed—an irony, given the robust civic participation by those Louisianans who showed up to critique the draft at the June meeting….

Louisiana’s board-appointed State Superintendent Cade Brumley, a former social studies teacher, wrote in a July op-ed that the standards should strike a balance between critique and patriotism, but should not include critical race theory, which he defined as “suggest[ing] America was intentionally founded on racism, oppression, supremacy.” By October, he said that he could not recommend the draft as written.

Jan Resseger writes here about a lawsuit against vouchers filed by 100 school districts and the Ohio Coalition for Equity and Adequacy.

She begins:

On Tuesday, 100 Ohio public school districts and the Ohio Coalition for Equity and Adequacy of School Funding filed a lawsuit challenging the legality of Ohio’s EdChoice Scholarship Program under the provisions of the Ohio Constitution. EdChoice is Ohio’s rapidly growing, publicly funded school voucher program.

The Cleveland Plain Dealer’s Laura Hancock reported: “A coalition of 100 school districts sued Ohio over private school vouchers Tuesday, saying that the hundreds of millions of public dollars funneled away from public schools have created an educational system that’s unconstitutional.”

The lead plaintiffs are Columbus City Schools, Cleveland Heights-University Heights City Schools, Richmond Heights Local School District, Lima City Schools, Barberton City Schools, Cleveland Heights parents on behalf of their minor sons—Malcolm McPherson and Fergus Donnelly, and the Ohio Coalition for Equity and Adequacy of School Funding. The Cleveland law firm of Walter Haverfield is representing the plaintiffs.

In their lawsuit, plaintiffs declare: “The EdChoice Scholarship Program poses an existential threat to Ohio’s public school system. Not only does this voucher program unconstitutionally usurp Ohio’s public tax dollars to subsidize private school tuitions, it does so by depleting Ohio’s foundation funding—the pool of money out of which the state funds Ohio’s public schools… The discrepancy in per pupil foundation funding is so great that some districts’ private school pupils receive, as a group, more in funding via EdChoice Vouchers than Ohio allocates in foundation funding for the entire public school districts where those students reside. This voucher program effectively cripples the public school districts’ resources, creates an ‘uncommon’, or private system of schools unconstitutionally funded by taxpayers, siphons hundreds of millions of dollars of taxpayer funds into private (and mostly religious) institutions, and discriminates against minority students by increasing segregation in Ohio’s public schools. Because private schools receiving EdChoice funding are not subject to Ohio’s Sunshine Laws or most other regulations applicable to public schools, these private facilities operate with impunity, exempt from public scrutiny despite the public funding that sustains them.”

Please open the link and read the rest of the post, which explains the grounds for the lawsuit.

If you don’t know the work of Jitu Brown, this is a good time to inform yourself. Jitu Brown has worked for many years as a grassroots organizer in Chicago. He wants families and communities to be able to advocate for themselves, and he trains them to do it. He ardently opposes school closings and privatization, methods of ”reform” that are imposed on communities of color by the powerful. He led the successful hunger strike that blocked the closing of the Walter S. Dyett High School, forcing Mayor Rahm Emanuel to rescind the closing and to reopen the refurbished high school. Out of his work in Chicago, Brown led the creation of the Journey for Justice Alliance, which has chapters in 36 cities. J4J strongly supports the establishment of community schools that meet the needs of communities and build networks of families and communities.

MEDIA ADVISORY TUESDAY, DECEMBER 7TH 10:00 AM ET


AFT’S RANDI WEINGARTEN, NEA’S BECKY PRINGLE, U.S. SEN. CHRIS VAN HOLLEN, CONGRESSMAN BOWMAN (NY-16), JOURNEY FOR JUSTICE’S JITU BROWN TO JOIN EDUCATION EQUITY COALITION AT PRESS CONFERENCE TO ANNOUNCE NEW COALITION


National Leaders Back ‘Equity or Else’ Campaign and
Push for Biden Budget Initiative: $440 Million for Community Schools


(WASHINGTON, D.C) – On Tuesday, December 7, 10 a.m. ET, the American Federation of Teachers president, Randi Weingarten; National Education Association president, Becky Pringle; U.S. Sen. Chris Van Hollen, D-MD; Congressman Jamaal Bowman, NY-16; Journey for Justice Alliance national director, Jitu Brown; and Schott Foundation for Public Education president, Dr. John Jackson will join national justice and education union leaders to hold a press conference in support of the “Equity or Else” campaign to announce a brand new commission, and amplify its strong support for President Biden’s education budget which will announce a groundbreaking increase of 41 percent for school funding in his proposed FY2022 budget. This Equity Commission will engage municipalities and the federal government to inform government officials at every level on how to create investments and policies that transform quality of life for all Americans, with a focus on equity.


Journey for Justice sits at the helm of the coalition that has been pivotal in shaping President Biden’s agenda on education, especially around community schools. The Equity or Else campaign is a coalition of leaders and organizers from different quality-of-life areas, including education, housing, health care, environment/climate justice, youth investment and food production and delivery, to promote education on how inequity impacts these areas and the grassroots solutions they have organized.

The coalition includes: The Alliance for Educational Justice, The Center for Popular Democracy, National Alliance Against Racist & Political Repression, Dignity in Schools Campaign, American Federation of Teachers, National Education Association, Appetite for Change, Clean Water Action, White Coats for Black Lives, National Nurses United and Black Lives Matter at School.


WHAT: News Conference with National Education and Justice Leaders on President Biden’s Budget Proposal and Brand New Equity or Else Commission


WHO:
● U.S. Sen. Chris Van Hollen, D-MD
● Congressman Jamaal Bowman, NY-16
● Becky Pringle, president, National Education Association
● Randi Weingarten, president, American Federation of Teachers
● Dr. John Jackson, president, Schott Foundation for Public Education
● Jitu Brown, national director, Journey for Justice Alliance
● Zakiyah Ansari, Alliance for Quality Education, state advocacy director
***

PLEASE EMAIL MAYA.HIXSON@GMAIL.COM TO RSVP*** WHEN: 10:00 AM ET, Tuesday, December 7, 2021

WHERE: The National Press Club, 529 14th St., NW, 13th Floor, Washington, DC (Vax card or Negative COVID Test Required)


Facebook Live: https://www.facebook.com/J4JAlliance

FURTHER BACKGROUND: The Schott Foundation’s national Opportunity to Learn Network, in partnership with the Journey for Justice Alliance’s Equity or Else project, is launching a nationwide campaign to reverse the trend of privatizing public schools and in its place implement its proven plan for reimagining an education system that has long neglected Black and brown children and starved their schools of resources.

Bolstered by a newly created Grassroots Equity Commission, Equity or Else has come to Washington to back the Biden administration’s budget, which would double the Title I funding that targets low-income schools and, for the first time, allocate $440 million for sustainable community schools. The commission, formed by Schott with J4J, will engage local and federal government in exploring how institutions engage Black, brown and working-class families.


Intent upon getting true equity in education for children of color and reversing the runaway school-privatization trend abetted by Betsy DeVos, Trump’s education secretary, grassroots members of campaign organizations will also meet with key senators and with current Education Secretary Miguel Cardona.


The time is ripe for reimagining public education. The Biden administration is committed to allocating critically needed new resources for the task. Congress has shown itself willing and able to provide those resources. The conviction of Ahmaud Arbery’s killers has amplified the discussion of what equity actually means. The pandemic has highlighted the stark inequity that afflicts children of color. And those who have been left behind are raising their voices to demand the rooting out of systemic racism in every institution, including: schools, hospitals, healthcare, food production and delivery systems and public safety.


The Schott Foundation’s Loving Cities index assesses how these institutions function in Black, brown and working-class communities. Equity or Else is founded on the proposition that this reimagining of policy must be guided by the voices of those who have been most deeply affected by inequity. We have come together and are finding solutions that meet our needs.

Equity or Else is doing listening projects with people in underserved communities across the country. The Equity Commission will engage officials from municipalities and the federal government to explore how those foundational institutions in those communitIes can be reimagined, with a focus on equity. By using data from all these sources, the commission will be able to inform government officials at every level on how to create equitable investments and policies to transform quality of life for all Americans.


The following national organizations are participating in the overall Equity or Else campaign: The Alliance for Educational Justice, The Center for Popular Democracy, National Alliance Against Racist & Political Repression, Dignity in Schools Campaign, American Federation of Teachers, National Education Association, Appetite for Change, Alliance for Education Justice, Clean Water Action, White Coats for Black Lives, National Nurses United and Black Lives Matter at School. For more information go to http://www.standing4equity.org

Founded in 2012, the Journey for Justice Alliance (J4J) is a national network of intergenerational, grassroots community organizations led primarily by Black and Brown people in 36 U.S. cities. For more information go to www.j4jalliance.com.


FOR MORE INFORMATION: MAYA HIXSON
321.266.2000 MAYA.HIXSON@GMAIL.COM
LAURIE GLENN
773.704.7246 LRGLENN@THINKINCSTRATEGY.COM

#

Steven Greehouse, a veteran journalist, wrote an article for The American Prospect that demonstrates the power of unions to improve the lives of workers. The story includes vignettes of workers in different fields who describe how joining a union has raised their salaries, cut the cost of healthcare, and created a workplace where their voices are heard.

He tells the stories of the following working people, whose lives were changed by organizing or joining a union.

  • Laura Asher, a former combat medic who was working as a hospital aide, saw her pay jump when she entered her union’s apprenticeship program to become a crane operator. Her pay is now more than three times what her hospital job paid.
  • Gregory Swanson, a charter school teacher, was hugely frustrated that his school’s top official assigned him a salary far below his level of experience. But his union contract changed that, requiring the school to follow a pay scale based on years of experience.
  • Madeleine Souza-Rivera, a barista at a café in one of Google’s giant office complexes, used to feel overwhelmed by the $9,600 she paid each year in health care premiums. Thanks to her union contract, she now pays nothing toward health premiums.
  • Donnell Jefferson, a warehouse worker, complained that he was never sure when he could leave work—his boss would suddenly order workers to put in two, and sometimes even eight, extra hours on the job. But with his union contract, his work hours are now far more predictable.
  • Lorie Quinn, a hospital housekeeper who cleans intensive-care units, has seen her pay increase by 70 percent since her hospital unionized six years ago. Moreover, her health insurance premiums have been cut in half.

More than 14 million workers across the United States—carpenters, steelworkers, nurses, teachers, truck drivers, and many others—are union members, but rarely does one read how unions have improved workers’ jobs and lives.

We have had some animated discussion on this blog about whether the trial of Kyle Rittenhouse was “fair,” since he walks away a free man despite murdering two men and maiming a third.

Paul Butler, a law professor at Georgetown University and a contributing columnist to the Washington Post, wrote on this subject today:

Kyle Rittenhouse beat his case because he put on the best defense money can buy.

Don’t believe the hype that Rittenhouse, who was prosecuted for homicide after shooting three people at a Black Lives Matter protest in Kenosha, Wis., in August 2020 was acquitted because self-defense cases are tough for prosecutors to win. More than 90 percent of people who are prosecuted for any crime, including homicide, plead guilty. The few who dare to go to trial usually lose — including in murder cases.

Rittenhouse’s $2 million legal defense funds enabled his lawyers, before his trial, to stage separate “practice” jury trials — one in which 18-year-old Rittenhouse took the stand and one in which he did not. The more favorable reaction from the pretend jurors when Rittenhouse testified informed the decision to let the teenager tell his story to the real jurors. His apparently well-rehearsed testimony was probably the most important factor in the jury ultimately letting Rittenhouse walk.

All that money also allowed Rittenhouse’s lawyers to retain O.J. Simpson’s jury consultant — and arguably her skills helped the defense win the same “not guilty” verdict. Now, in the eyes of the law, Kyle Rittenhouse is just as innocent of homicide as O.J. Simpson.

Most criminal defendants cannot afford those kinds of resources. Rittenhouse, raised in a working-class family, could not have either but for influential people such as former president Donald Trump and Rep. Matt Gaetz (R-Fla.) acting as his cheerleaders.

On Monday night, Rittenhouse — in the tradition of dancing with the one who brung you — will be interviewed by Fox News host Tucker Carlson. Regardless of whether Rittenhouse wants or deserves to be, he is now the poster child for reactionary White men who seek to take the law in their own hands, who want to patrol Black Lives Matter protests with assault weapons and who think that violence is a legitimate form of political discourse.


Some people have questioned how this case, in which a White man killed two White men and severely wounded another, implicates race. But it is impossible to imagine the right embracing the cause of a young Black man who brought a semiautomatic rifle to, say, a “Stop the Steal” rally and ended up killing two people and blowing the arm off another. For Rittenhouse’s supporters, his Whiteness is an integral part of his appeal.

Here’s where I am supposed to say that the issue is not that Rittenhouse had the funds to bankroll his defense but, rather, that other accused persons should enjoy that same benefit. To be sure, I do wish that each of the 10 million-plus people arrested in the United States every year — most of whom are poor people of color — actually were extended their constitutional right to effective assistance of counsel. Too many are forced to rely on underfunded public defenders or overburdened appointed lawyers — no match for the prosecutor’s budget.

Still, I’m okay that not every armed White man who kills people while playing the role of a wannabe cop gets millions of dollars to turbocharge his privilege. I am glad that the defense is not as well-financed for the three men on trial for murder in Georgia after they killed Ahmaud Arbery as he jogged through their neighborhood.

When defendant Travis McMichael took the stand, his testimony was not nearly as smooth as Rittenhouse’s — perhaps because McMichael did not have as many chances to practice. Indeed, McMichael, testifying about how he, his father and a neighbor hunted down a Black man and demanded that he stop and justify his presence on public streets, sounded like a slave catcher. This was fitting because empowering White civilians to apprehend runaway slaves was the origin of the Georgia citizens’ arrest law — since revised — that is the linchpin of the defense.

That defense appears to be floundering. Maybe that is why, with closing statements scheduled for Monday, the lawyer for defendant William “Roddie” Bryan reportedly asked prosecutors if his client could cop a plea.

All criminal defendants have a right to spend as much money as they want on their case, but it’s a fanciful right for most defendants of color. Let them eat cake, and let them hire jury consultants. There is nothing wrong with begrudging all the resources Rittenhouse was provided to fight his case when those resources are a product of his Whiteness. Maybe that’s not the high road, but the high road is not leading to equal justice.

In the Georgia trial, in a sign of its confidence, the prosecution reportedly turned down Bryan’s late request for a plea. Perhaps if those defendants had Kyle Rittenhouse’s kind of money, things would be going differently. I am glad they don’t.

Bill Phillis of the Ohio Coalition for Equity and Adequacy of School Funding is a champion of public schools in a state with many charters and vouchers.

He writes:

A primary purpose for the creation of the common school system for all the children of all the people was to maintain a republican form of government. Knowledgeable people in unity with one another will ward off tyranny, in favor of liberty and equality. A virtuous government operating for the common good is the goal.

Common is a term of art that has universally-accepted meaning. As applied to school, it indicates a place or institution that serves all children free of charge, paid for by taxation. It relates to the community at large, in a symbiotic relationship.

Common means “belonging to all, used jointly, shared by all.” The “common” system is required by the Ohio constitution, and the “system” must be thorough and efficient.

Tax-supported vouchers and charters are foreign to the common school system required by the constitution. They are not only foreign to the system, but are parasitical in taking funds away from the common system. These schemes divide, rather than unite. They serve not all, but selected students. Their goal does not necessarily match the goal of the common system—to maintain the republican form of government. Their relationship to the community is often strained or non-existent, as opposed to symbiotic.

The No Child Left Behind Act Has Put The Nation At Risk

Vouchers Hurt Ohio

William L. Phillis | Ohio Coalition for Equity & Adequacy of School Funding | 614.228.6540 |ohioeanda@sbcglobal.net| http://ohiocoalition.org