Archives for category: Equity

The addition of Neil Gorsuch has given conservatives the decisive edge on the Supreme Court that they have sought for many years.

The Janus case is likely to slash the resources of unions. Another case will be a setback for minimum wage workers, those who labor for $7.25 an hour.

These cases together will widen economic inequality and shift greater power to corporations.

Janus is about union dues.

“The Supreme Court on Thursday agreed to hear a case that could deal a crushing blow to organized labor.

“It was one of 11 cases the justices added to the court’s docket from the roughly 2,000 petitions seeking review that had piled up during the court’s summer break.

“In the labor case, the court will consider whether public-sector unions may require workers who are not members to help pay for collective bargaining. If the court’s answer is no, unions would probably lose a substantial source of revenue.

“The question was before the justices last year in Friedrichs v. California Teachers Association, and they seemed poised to rule against the unions when the case was argued in January 2016. But the death of Justice Antonin Scalia the next month resulted in a 4-to-4 deadlock.“

The minimum wage case may inflict devastating harm on low wage workers.

Slate reports:

“In recent years, the nationwide Fight for $15 movement has succeeded in persuading several states and cities to raise their hourly minimum wages well above the federal minimum of $7.25. But the effort to ensure a living wage for workers may be headed for a serious setback in the U.S. Supreme Court. Depending on how they rule in a case set for argument next week, the justices could make it much more difficult for millions of workers to secure even the meager wages guaranteed by existing federal law.

“On Monday, the day that kicks off the Supreme Court’s new term, the justices will hear arguments in three consolidated cases with far-reaching implications for wage-earners. The cases—Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris, and National Labor Relations Board v. Murphy Oil USA, Inc.—are all about whether employers have the right to compel workers go through onerous individual arbitration proceedings in order to bring labor law claims. If the justices answer that question in the affirmative, then the affected workers will—as a practical matter—find it nearly impossible to win back pay in cases involving wage law violations.

“In the typical case involving wage law violations—such as when a firm makes employees work off the clock, pays less than the minimum wage, or fails to pay extra for overtime—plaintiffs bring what’s called a collective action (similar, but not identical to, a class action) in order to recover back pay from a common employer. Each worker’s claim might be worth only a few hundred or few thousand dollars, but when the defendant is a large firm with lots of similarly situated employees, the collective action might be worth millions. So while virtually no lawyer would want to take on an individual case on behalf of such a plaintiff, it’s much easier to find competent counsel to litigate a potentially more lucrative collective action.

“To pre-empt this possibility, more and more firms are inserting individual arbitration clauses into employee contracts. These clauses require employees to pursue workplace-related claims before private arbitrators rather than in federal or state court. These clauses also, critically, require employees to pursue their claims individually rather than through collective actions.”

These are victories long sought by the most reactionary elements of the most powerful elites in America. ALE, the Koch brothers, the DeVos family, and all those collectively known as “Dark Money” are close to achieving one of their most cherished goals, the victory of capital over labor.

Pennsylvania has one of the worst, most inequitable school funding arrangements in the nation. The legislature has fiddled and done nothing, allowing wide disparities to remain.

But today the Pennsylvania Supreme Court ruled in favor of permitting a trial on funding inequities. This is a big win for districts who are desperately underfunded.

The Pennsylvania Supreme Court on Thursday opened the door to a lawsuit by the William Penn School District and others asking courts to remedy wide funding disparities among school districts, breaking with decades of precedent dismissing such challenges.

Courts “must take great care in wading deeply into questions of social and economic policy, which we long have recognized as fitting poorly with the judiciary’s institutional competencies,” Justice David Wecht wrote in the majority opinion.

But “it is fair neither to the people of the Commonwealth nor to the General Assembly itself to expect that body to police its own fulfillment of its constitutional mandate.”

The court’s opinion — joined by four justices and accompanied by two dissenting opinions — does not resolve the William Penn lawsuit.

But it enables a trial court to hear arguments in the case, which contends that Pennsylvania’s school-funding system violates the state constitution’s guarantee of a “thorough and efficient system” of education, and its equal-protection provision. Commonwealth Court had dismissed the suit, which lawyers for the plaintiffs said Thursday they would now seek to expedite.

Pennsylvania’s school-funding system has long been a subject of complaint, with some of the widest spending gaps in the country between low- and high-poverty districts and heavy reliance on property taxes to fund schools.

In the William Penn School District — which has some of the highest tax rates in the state, but spends less per pupil than nearby Lower Merion — “we are moving ahead,” a jubilant Jane Harbert, superintendent of the district, said Thursday. “I have to tell you, it just bring tears to my eyes that we’re allowed to go further with this. We’re fighting a battle not just for William Penn but for the whole state of Pennsylvania.”

The first person she called with the news, Harbert said, was former superintendent Joseph Bruni, who spearheaded the suit. In an interview, he said he had waited a long time for this.

Arthur Camins recently retired after a distinguished career in science, engineering, and the study of innovation.

He has an inspired idea for innovation in education: try equitable, integrated public schools.

He writes:

Secretary of Education Betsy Devos says that students in the US attend schools that are a “mundane malaise that dampens dreams, dims horizons and denies futures.” She accuses public schools of being stuck in the past. She claims to want innovation.

Miriam-Webster defines innovation as follows;

1: the introduction of something new

2: a new idea, method, or device: novelty

DeVos and her allies want to give public funds to parents to send their children to any public, charter or private schools, whether or not they are religious and whether or not they discriminate by race, religion or sexual orientation.

If enacted, her policies would mean returning to a time when schools were more segregated by race, religion, and class. That is not new or novel. In fact, it is stuck in the past. Segregation is not innovative. It is old school.

DeVos believes that individual parents are in the best position to choose a school that is best for their child, rather than democratically elected representatives. That unlimited choice would return us to a time when individual parents’ inclinations and, yes, their prejudices were prioritized over the needs of the communities in which they live and over the needs of the nation.

For several decades after the landmark Brown v. Board of Education Supreme Court Decision in 1954 public schools in the US became more integrated. However, that trend has reversed. Public schools are becoming more segregated, not just by race but by socioeconomic status as well. In other words, it is becoming more likely that student will attend schools with children who are more similar to one another than not. That trend may satisfy the narrow interests and proclivities of some, but it is destructive to the nation.

Segregated schools are destructive to the nation not just because the inherent inequality of separate education shortchanges particular categories of individual students, but because it deprives all students of the benefit of learning to live across differences in our unalterably diverse country. Integrated schools are not only a moral and democratic imperative but an economic one too. Research indicates that diverse groups are more productive and creative and make better decisions. Learning to participate in diverse groups should start in school not on the job….

The idea of mediating racial and socioeconomic school segregation is not new. But, doing something substantive about it would be innovative.

Here are several policies that promote the old, but still vital idea and value of diversity and equity. Isolated boutique enactments are not innovative. Widespread systemic implementation would be.

Stop funding local public schools primarily through property taxes. Since communities have significantly varied tax bases, this is inherently inequitable. Instead, shift school funding to graduated state and personal federal income, capital gains, and corporate taxes.

Incentivize more integrated neighborhoods through changes in lending and zoning practices. It was, in fact, federal policies that help to limit integrated and promote segregated neighborhoods. It is time to reverse that deplorable history.

Since addressing inequity is necessarily a long-term effort, prioritize funding to schools with the greatest percentages of children from low-incomes and traditionally underrepresented groups.

Increase federal funding, so that rather than taking from well endowed, middle-class schools, funding for the rest can be increased.

Increase federal funding for special education, so that meeting the requirements of the Individuals with Disabilities Education Act does not come at the expense of other children.
Provide nutritional, social, health, and economic support to children and their families, so that all children can engage fully in learning.

Invest in infrastructure and research jobs with decent wages so that adults are employed and provide stability at home.

Promote positive social and emotional learning practices in all schools so that all students are known, valued and respected.

Fund professional learning and formative assessment practices so that teachers continue to learn how to best engage and address the learning needs of all students.

None of these ideas are new. However, as a nation, we have only tinkered at designing solutions. We are a nation of interdependent communities and states. Systemic efforts to address inequity have always been limited not by what is possible, but by the political constraints driven by economic elites. The self-proclaimed realists among the empowered condescendingly claim, “We cannot afford all that.” What they really mean is, “I don’t want to pay for it.”

It’s time to give priority to the needs of the majority of Americans. More integrated, well-funded schools would benefit everyone. That would be innovative.

This is a really good piece of investigative writing by Alina Tugend on the value of Advanced Placement courses. It doesn’t answer the question posed in the headline of this post but it supplies valuable information and poses the right questions.

I was interviewed and what really bothers me about the demand for “AP for All” is the implicit assumption that taking a rigorous course and failing the exam will improve educational opportunity. As I say in the article, if this is the goal of the College Board, why not offer the test for free? It is easy to forget that the College Board is a business, not a charity.

There are other ways to reduce the achievement gaps instead of putting kids in a class where the reading level is far beyond their reach and they are near certain to fail.

Although AP was originally designed for elite high schools, some of them have dropped it because their own classes are equally demanding. And some elite college don’t give credit for AP courses.

So the strongest claim of the College Board these days is that their tests supply equity. No standardized test has ever increased equity. They are designed not to. If your primary interest is civil rights, fight for funding and desegregation, not a better standardized test.

The NAACP today released a strong report demanding the reform and regulation the charter school industry. The NAACP report calls for a flat prohibition of for- profit charters and for-profit charter management companies. It says that only school districts should be allowed to authorize charters. It says that charter teachers should be certified.

The task force of the NAACP said that “while high quality, accountable and accessible charters can contribute to educational opportunity, by themselves, even the best charters are not a substitute for more stable, adequate and equitable investments in public education in the communities that serve our children.”

The NAACP report boldly acknowledges that charters are part of a public-funded system. It says that it makes no sense to strip funding from the public schools that enroll the great majority of students in order to fund a parallel system that is usually no better than the public system and often worse.

Carol Burris analyzes the report here:

https://www.washingtonpost.com/news/answer-sheet/wp/2017/07/26/naacp-report-charter-schools-not-a-substitute-for-traditional-public-schools-and-many-need-reform/?utm_term=.9d91271f673d

There is also a link to the full text of the NASCP report and resolution.

This report strips away the claims of charter advocates who say that they are advancing civil rights. They are not. They are undermining public education by stripping students and resources away from the public schools.

The NAACP recognizes that the best way to advance civil rights in education is to assure a strong, accountable,and equitable system of public schools.

Like every national organization, the NAACP relies on major donors to survive. By standing strong against privatization of public schools, the NAACP has demonstrated courage and integrity. I add the NAACP to the honor roll of this blog, with admiration and respect.

The great puzzle in Kansas is how the State got such a thoughtful Supreme Court, one that actually cares about education.

Kansas is in a deep budget hole because Governor Sam Brownback cut taxes repeatedly, in the belief that low taxes would produce economic growth. Only it didn’t, and the schools are in big trouble.

The court has repeatedly ordered the state legislature to produce a school funding plan that meets the requirements of the state constitution. After years of budget cuts, the state’s schools are in dire need of money. At one point, legislators grumbled ominous threats about how they might shake up the court to undermine its authority.

But now the lawyers for the state are in court, and the justices are insistent on a commitment to a fair funding plan.

Attorneys for the state and the Legislature faced a barrage of questions from skeptical Kansas Supreme Court justices Tuesday scrutinizing the Legislature’s school finance plan.

Solicitor general Stephen McAllister and Jeff King, a former Senate vice president, sought to fend off claims from school districts that Kansas is doing too little to make up for several years in which budget cuts and funding stagnation became the norm and school budgets fell behind inflation.

The justices repeatedly interrupted their arguments to seek deeper clarification of calculations the state cited to justify adding $293 million to school funding over the next two years. And they showed some interest in potentially retaining jurisdiction once they have issued their ruling, to ensure the state complies.

McAllister and King stood their ground, arguing the state’s solution meets the court’s previous demands.

“S.B. 19 makes substantial efforts to improve the funding,” McAllister said, using the plan’s legislative bill number.

Digging into the math

In the span of Gannon v. Kansas’ seven-year history, district court judges and the state Supreme Court have repeatedly struck down Kansas’ school funding schemes as unconstitutional.

Among the justices’ concerns in this latest round of the legal battle was a statistical analysis of student achievement that the Legislature generated this spring and used to extrapolate what statewide funding should be. The calculation was based on spending levels at 41 school districts found to be performing well on certain academic outcomes.

“I understand the math,” Justice Dan Biles told McAllister. “I need to know what makes that reliable and valid, and I’m not seeing it here.”

‘I understand the math. I need to know what makes that reliable and valid, and I’m not seeing it here.’ — Justice Dan Biles
The justices homed in on methodological particulars, such as the use of averages instead of medians and whether the omission of budget changes at six school districts could have skewed the results. And they questioned whether lawmakers had cherry-picked portions of past school finance studies to minimize the state’s financial obligations.

Justice Eric Rosen asked about the state’s reliance on local property taxes to fund education through a system that allows school boards to elect to spend more. The concern is that poorer school districts are less likely to do so because of the burden on local taxpayers.

“What happens to those children?” he said, referring to students in those areas.

Jersey Jazzman notes that Chris Christie will soon leave office as the most unpopular governor in the nation. He loved to ridicule those who disagreed with him, and one of his favorite targets was the state’s public schools and teachers, most especially their union. He never acknowled that the state is one of the three top-performing states on national tests (NAEP), the other two being Massachusetts and Connecticut.

Christie has cemented his rotten reputation as a greedy, crude bully with his latest escapade. The state was in a budget impasse, and many state beaches were closed on this past weekend. But Christie and his family went to the governor’s beach house and enjoyed the sun and an empty beach, while the public was excluded.

What really bothers JJ about Christie is his callow hypocrisy. He sends his own kids to private schools that are well funded while underfunding the state’s public schools.

His idea of “reform” does not translate into reduced class sizes or other necessities. A true “reformer,” he offers charters and vouchers instead of funding.

JJ writes:

“To be clear: I really don’t have a problem with Christie, or anyone else, sending their children to elite private schools, or to wealthy suburban public schools. What I find so disturbing is when some of those same people then turn around and declare how important education is for purposes of social equity, but refuse to support policies that adequately and equitably fund schools.

“Even worse is when these people substitute funding reform for “reforminess.” They claim that things like charter schools, gutting teacher workplace rights, expanded testing, test-based teacher evaluation, curricular changes, “personalized learning,” and school vouchers can serve as substitutes for adequately and equitably funding schools.

“But they then turn around and put their own children in elite private schools that spend far more per pupil than public schools — especially urban public schools. And again: these schools enroll very few children with special needs, keeping their costs relatively low.

“You will often hear these reformsters acknowledge that factors such as economic inequality and segregation negatively impact educational outcomes; however, in the same breath, they will gravely intone, “We can’t wait to fix poverty!”

“And so, their thinking goes, we have to expand charter schools no matter the negative consequences, or expand testing and its unvalidated uses no matter the negative consequences, or put more unproven digital stuff into schools no matter the possible negative consequences, and so on. And we have to do all this right now.

“It seems to me, however, that we now have more than enough evidence that school funding matters. It matters a lot. I mean, funding really matters. It does.

“Maybe we can’t solve poverty and segregation quickly; we could, however start getting more resources into schools that need it today. But getting adequate funding to schools — a necessary pre-condition for educational success — isn’t so much a problem of a lack of resources as it is a matter of political will.

“We’ve got plenty of money in this country (even if it is distributed extraordinarily unequally). There’s very little evidence we’re overspending on schooling relative to the rest of the world. We could drive more resources into the schools that enroll our least advantaged students much more quickly than we could expand private schools using vouchers or expand properly regulated charter schools.

“But we don’t. Instead, our leaders keep pushing reformy schemes based on outlier “successes” rather than funding reform, a policy that would quickly provide improvements across the K-12 education system. Worse, many of these same leaders then refuse to subject their own children to their designs, opting instead to enroll them in highly resourced schools.

“Chris Christie will be gone in a few months, and New Jersey might then begin to have a serious conversation about education funding. Sadly, many of our nation’s leaders, Republican and Democrat alike, are following Christie’s example. They refuse to address the issue of inadequate and inequitable school funding head on.

“Fortunately, even conservatives are starting to realize that effective schools and other government services come at a price. Let’s hope the era of Chris Christie and his ilk — and era where unproven reformy nonsense has replaced a commitment to getting schools the resources they need — will soon come to an end.

“If I had to pick one…

“ADDING: In the very earliest days of this blog — April, 2010 — I said that where Chris Christie sent his own kids to school was no one’s business.

“I was wrong.

“Of course, this was before Christie repeatedly underfunded the public schools, even after the Great Recession. This was before the lies of Chapter 78. This was before Christie tried to slash funding to the urban districts with his cruel “Fairness Formula.” This was before Christie showed repeatedly he never took education policy seriously. This was even before Christie unloaded some of his worst invective at the NJEA and teachers around the state.

“But I still should have known better. Anyone who is against the adequate and equitable funding of public schools yet sends their own children to a well-resourced private or public school is a massive hypocrite.

“They should be called so in no uncertain terms.”

This article is an excellent analysis by civil rights lawyer Wendy Lecker of the deliberate destruction of public education in black and Latino neighborhoods in Chicago.

Chicago has purposely sacrificed the needs of black and Latino students while protecting and enhancing the needs of white students. We have to bear in mind what Rahm Emanuel told CTU leader Karen Lewis when he was first elected: about a quarter of these kids are uneducable. Everything else flows from that assumption.

Open the article to read the links. The most astonishing point noted here is that Chicago’s public schools OUTPERFORM its charter schools!

Lecker writes:

“Chicago is this nation’s third largest city, and among its most segregated. Recently, several unrelated reports were released about education policy in Chicago that, together, provide a vivid picture of the divergent views policymakers of have of public education; depending on who is served.
As reported by researchers at Roosevelt University, between 2009-2015, Chicago permanently closed 125 neighborhood schools, ostensibly because of low enrollment or poor performance.

“The standard Chicago used for low enrollment was 30 students to one elementary classroom — an excessively large class size, especially for disadvantaged children.

“The school closures occurred disproportionately in neighborhoods serving African-American, Latino and economically disadvantaged students. Professors Jin Lee and Christopher Lubienski found that Chicago’s school closures had a markedly negative effect on accessibility to educational opportunities for these vulnerable populations. Students had to travel longer distances to new schools; often through more dangerous areas.

“School closures harm entire communities. As Georgia State Law Professor Courtney Anderson found, where neighborhood schools were a hub for community activities, vacant schools become magnets for illegal activity. Moreover, buildings in disuse pose health and environmental dangers to the community. Vacant buildings depress the value of homes and businesses around them, increase insurance premiums and insurance policy cancellations. In addition, the school district must pay for maintenance of vacant buildings.

“Although Chicago claimed to close schools to save money, the savings were minimal — at great cost to the communities affected.

“At the same time Chicago leaders closed 125 neighborhood schools, they opened 41 selective public schools and 108 charter schools; more than they closed. Chicago charter schools underserve English Language Learners and students with disabilities, and have suspension and expulsion rates ten times greater than Chicago’s public schools. Even more astounding, despite the self-selecting and exclusive nature of charters, researcher Myron Orfield found that Chicago’s public schools outperform charters on standardized test passing and growth rates in both reading and math, and high school graduation rates.

“The Roosevelt University researchers found that the expansion of Chicago charter schools devastated the public school budget, contributing to massive cuts of basic educational resources in Chicago’s public schools. Moreover, many of these new charters have remained open despite falling below the “ideal enrollment” standard used to close neighborhood public schools.

“The education policies of Chicago’s leaders force its poor children and children of color to attend under-resourced schools, often at a great distance from their neighborhoods, on a pretext of under-enrollment and poor performance. Officials fail to consider the devastating effects school closures have on educational opportunities or on the health of entire communities.

“Chicago promised to use the proceeds of the sales of vacant schools to improve those neighborhoods. Yet, city leaders instead used those funds for school capital projects. A WBEZ investigation found that Chicago’s new school construction and additions disproportionately benefit schools that serve white, middle class students, even though white students are far less likely to suffer overcrowded schools than Latino students, whose schools do not see the benefit of capital spending.”

The inspirational leader Rev. William Barber 11 is stepping down from his post as chair of the North Carolina NAACP to launch a national movement.

http://nypost.com/2017/05/11/naacp-leader-who-led-north-carolina-protest-movement-to-step-down/

His strong voice for moral strength, equal rights, dignity, courage in the face of adversity, and love is needed more than ever today.

Frank Adamson of Stanford University wrote a marvelous article that lays out the issues with enormous clarity and insight. To read the references and links, open the article.

The United Nations has identified “free, equitable, and quality primary and secondary education” by 2030 as a goal for sustainable development. This goal reaffirms the right to education guaranteed by countries in multiple U.N. declarations over the last half-century.[i] Although these treaties reflect a general consensus that everyone has a right to education, most countries do not actually deliver on this promise. To address the issue, different countries are organizing their education systems based on contrasting values. Some countries have placed the responsibility for choosing schools on families, while others have delivered the right to education at a system-level, with the latter approach correlating with better national outcomes.

Instead of countries delivering on their U.N. treaty commitments to the right to education, some have proposed that parental choice should drive the education “marketplace.” This approach varies across countries. In countries in the global south such as India and Uganda, families can “choose” to send their children to “low fee” private schools, or else their children will likely not receive an education. In countries in the global north like Sweden and the U.S., school “choice” usually happens when governments give parents the option to leave public schools. However, in both cases, governments place the responsibility on the family to figure out the best option for their child instead of fulfilling their child’s right to a free, equitable, high quality education.

Even more problematic is the reality that school “choice” does not guarantee a better education, for a variety of reasons. One issue is that, when a charter school or low-fee private school does provide a good education, everyone wants to go there and there are not enough spots for every student. And that’s the best-case scenario. The more common problem is that schools of choice do not provide higher quality education. In addition, they often exclude certain types of harder and/or more expensive-to-each students – those with disabilities, discipline histories, lower socio-economic status – as well as racial and ethnic minorities and second-language learners. These students may have lower scores on the tests used to judge schools or they may require extra attention from teachers, incentivizing these schools to choose their students, instead of students being able to choose their schools.[ii]

The results are not surprising because these schools compete with each other instead of providing education to everyone. School choice systems operate under a market-based rationale. In this marketplace, schools depend on competition to get students to enroll. This sounds like a great idea—the companies (schools) that produce the best product (education) have the most customers (students), while those that don’t will go out of business (closing the school). But market-based approaches require schools to seek a competitive advantage that leads to their exclusionary approaches. And when these schools exclude the more “expensive” students, these students end up in overcrowded and underperforming schools that lack basic services, or, even worse, without the opportunity for an education at all.

Countries seeking to provide a free, equitable, quality education aren’t trying to create competitive advantage within their systems. Instead, they fulfill their “education as a human right” imperative at the system level by investing in teachers and infrastructure. Their public investments produce some of the highest outcomes on international assessments, with smaller differences between students, meaning the systems function more equitably. These countries, including Finland, Singapore, Canada, Cuba, and others, have signed at least some of the U.N. treaties that declare the right to education, have opted for investing in their public education systems instead of pursuing market-based approaches that lead to inequity, and continually deliver high quality education to their citizens. Instead of forcing parents to choose schools, or even be chosen by schools, countries employing market-based approaches would do well to shift their focus towards ensuring the educational rights of their citizens on a proven pathway to better outcomes.