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Rep. Clyburn: How Did Terrorists Know Location of My Unmarked Office?

By dianeravitch
January 10, 2021 //
16

House Majority Whip James Clyburn wants a thorough investigation of the storming of the Capitol. The terrorists knew where his unmarked office was. How did they know? Why did they bypass the office with his name on it, and go right for his working office, which is unmarked?

In an interview with SiriusXM Radio’s Joe Madison, the South Carolina Democrat said Friday that he had never seen such a failure of law enforcement leadership before and suggested “something else is going on here.” 

“My office, if you don’t know where it is, you aren’t going to find it by accident,” he said. “The one place where my name is on the door, that office is right on Statuary Hall. They didn’t touch that door. But they went into that other place where I do most of my work. They showed up there, harassing my staff.”

“How did they know to go there? Why didn’t they go where my name was?”  he asked. “Then, where you won’t find my name, but they found where I was supposed to be.”

“Something else is going on here.”

Categories Evil, Failure, Lies

Sweden and the Damage Done by Free-Market Reforms

By dianeravitch
January 9, 2021 //
14

Larry Cuban turned his blog over to retired Swedish teacher Sara Hjelm, a reader of his blog, who took the opportunity to warn American readers about the dangers of the free-market reforms adopted in Sweden.

Sweden adopted the “reforms” in 1992, allowing families to choose any school, public or private, and send their child there with his/her taxpayer dollars. It is the “backpack full of cash” theory behind the demand for school choice, as advocated here by Betsy DeVos and Jeanne Allen of the Center for Education Reform. The voucher system has led to a growing industry of private, for-profit schools, called “free schools.” Two of the companies that run “free schools” are listed on the stock exchange. They are comparable to our charter schools.

Hjelm writes:

The huge private for profit school companies exist on all these levels, competing for student vouchers. Largest part is in the upper secondary where more than 30% of students today attend such a free school. By cherry-picking “easy” students through aggressive marketing to parents (we offer good behavior, academic excellence, high grades, etc.) they attract students that are more or less self going and enable a profit for shareholders or owner consortiums by keeping wages low, having large groups, substituting some teaching for on-line learning, employing teachers from abroad on short term contracts and more hours of teaching, etc. 

As a result real student achievements and school climate are mediocre, about the same as in municipal schools and with a considerable grade inflation to that according to PISA and national tests. Students from municipal upper secondary schools have a slightly lower grade point average than students from free upper secondary schools, but still generally show higher performance and less dropouts during the first year of higher education.

There are also plenty of examples of parents told that their child does not really fit in, that the support needed is not available and they should seek a more suitable school. With a queue system for admission on compulsory level, where you can put your baby in line at birth, they keep all groups filled. And being private businesses they only have to share whatever follow up data they choose due to international business and stock market legislation of secrecy. If a school is not as profitable as expected it can simply close down with short notice or apply for bankruptcy when as much monetary resources as possible have been moved somewhere else in the organization. Stranded students are the municipality’s responsibility. The risk is minimal. At least for now.

She recognizes the important role of venture capital in the expansion of the publicly-subsidized “free schools,” and notes that it has led to persistent cost-cutting.

What matters most in this free-market system, she concludes, is profit, not education, not students.

This is a very worthwhile read.

Categories Education Reform, Failure, For-Profit, Fraud, International, Vouchers

Pasi Sahlberg: Australian Education Is Declining Because It Followed the U.S. Model

By dianeravitch
January 7, 2021 //
17

In the early 2000s, media mogul Rupert Murdoch brought New York City Chancellor Joel Klein to Australia to spread the word about the “New York City Miracle.” This alleged miracle was as phony as George W. Bush’s “Texas Miracle,” all hat and no cattle. Unfortunately, the Education Minister (who subsequently became Australia’s Prime Minister) bought the tale and imposed national standards and testing on the entire country.

Pasi Sahlberg, teacher, researcher, scholar, is currently based in Australia. As a chronicler of Finnish education (see his book Finnish Lessons), Sahlberg has achieved international renown. In Australia, he heads the Gorski Institute and is trying to change the course of Australian education.

Pasi Sahlberg writes here about Australia’s refusal to own up to the dire consequences of the wrong path that it has taken. It is not too late to change course.

He writes that Australia has done a great job in controlling the coronavirus, but it has been unwilling to bring the same focus to education.

Like the United States, Australia continues to fund failure.

He writes:

Despite frequent school reforms, educational performance has not been improving. Indeed, it has been in decline compared to many other countries. International data makes that clear. Australian Council for Educational Research concluded it by saying that student performance in Australia has been in long-term decline. The OECD statistics reveal system-wide prevalence of inequity that is boosted by education resource gaps between Australian schools that are among the largest in the world. And UNICEF has ranked Australia’s education among the most unequal in rich countries.

Often the inspiration for the education reforms in Australia are imported from the US and Britain. Yet, the evidence base to support many of these grand policy changes here is weak or non-existent. For instance, research shows that market-based models of school choice, test-based accountability, and privatisation of public education have been wrong strategies for world-class education elsewhere. Yet, market models have been the cornerstone of Australian school policies since the early 2000s.

Australian education is failing because of reform, not in spite of it.

Categories Charter Schools, Education Reform, Failure, International, School Choice, Testing

Julian Vasquez Heilig Refutes Jonathan Chait on Charters, With Facts

By dianeravitch
January 6, 2021 //
3

Jonathan Chait loves charters but he does not know the extensive research that refutes his ardor. New York magazine publishes his misinformed opinions without fact-checking.

Julian Vasquez Heilig, dean of the College of Education at the University of Kentucky and one of the nation’s most eminent experts on race and equity, refutes Chait here.

Here is a brief excerpt from his brilliant rebuttal:

Charter Schools do not deliver extraordinary results— in fact on average their results are quite limited. Contrary to Chait’s argument, as an academic, I can assuredly tell you that “education researchers” HAVE NOT been shocked by charter schools gains— I think unimpressed is probably a better word. Check out this extensive list of more than 30 National Education Policy Center “top experts”whose peer reviewed research findings are largely contrary to Chait’s grandiose claims about school choice. Also, Chait cited studies produced by The Center for Research on Education Outcomes (CREDO) located at the conservative Hoover Institution. CREDO studies are not peer reviewed. But Chait and charter school supporters point to CREDO’s 2015 urban charter study to say that African American and Latino students have more success in charter schools. Leaving aside the integrity of the study for a moment, what charter proponents don’t mention is that the performance impact is .008 and .05 for Latinos and African Americans in charter schools, respectively. These impact numbers are larger than zero, but you need a magnifying glass or telescope to see them. Contrast that outcome with policies such as pre-K and class size reduction with far more unequivocal measures of success than charter schools— often double and triple the impact of charter schools. Also, CREDO doesn’t usually compare schools in their studies. Instead, researchers use statistics to compare a real charter school student to a virtual (imaginary) student based on many students attending a small subset sample of neighborhood public schools. In spite of criticism of CREDO’s methods and lack of blind peer review, Chait still cited the CREDO studies as important evidence demonstrating charter school success.

New Orleans is not a charter success story.Chait mentioned New Orleans as a charter success story. Notably, New Orleans charters and Louisiana have been last and nearly in most educational data (NAEP, ACT scores, and Advanced Placement scores, dropout, graduation). A near majority of charters schools in New Orleans are rated D or F. Does that sound like a success story to you? Where education reformers actually succeeded in New Orleans was in realizing a goal to close NEARLY ALL the neighborhood public schools and replace them with (primarily poorly performing) charters.

Please read Dr. Heilig’s response in full. He shreds the charter propaganda spread by conservative billionaire-funded organizations and repeated by Chait.

Categories Accountability, Charter Schools, Equity, Failure, Research

Trump Loses Another Frivolous Lawsuit

By dianeravitch
January 4, 2021 //
23

This just appeared in the Washington Post. The Trump campaign continues filing lawsuits. His lawyers should be disbarred for filing multiple frivolous lawsuits.

Federal judge rejects latest effort by Trump allies to overturn election results, saying lawsuit ‘would be risible were its target not so grave’


A federal judge rejected yet another attempt by allies of President Trump to overturn the November election results on Monday, saying the lawsuit “would be risible were its target not so grave” and suggesting he will consider asking for disciplinary action for the lawyers involved.


More than 90 judges have rejected efforts by Trump or his allies to overturn the November vote. In Michigan, the city of Detroit has asked another judge to consider disciplinary action against Sidney Powell, a lawyer who has represented plaintiffs in a number of suits.


The latest suit was filed Dec. 22 by the Amistad Project, a conservative group that had already filed and lost a number of lawsuits targeting the vote in various states. This last-ditch effort was filed against Vice President Pence, both houses of Congress, the leaders of five states and the electoral college — a body that does not exist as a permanent entity — and argued that the Constitution requires that state legislatures alone certify presidential electors. It asked a federal judge in D.C. to stop Congress from certifying President-elect Joe Biden’s victory when it meets to read the electoral college votes on Wednesday.


In a seven-page opinion, District Court Judge James Boasberg rejected the effort, citing a series of fatal flaws with the suit. The plaintiffs, he wrote, had filed in the wrong court, did not have standing to sue and had made no effort to serve their opponents with the suit, a legal requirement to move the process forward.


More importantly, he wrote, “the suit rests on a fundamental and obvious misreading of the Constitution.”


“It would be risible were its target not so grave: the undermining of a democratic election for President of the United States,” he wrote.


He wrote that their central contention — that only state legislatures can certify presidential electors — was “flat out wrong” and would require him to ignore decades of precedent and Supreme Court decisions to overturn a number of state laws.


“Plaintiffs’ theory that all of these laws are unconstitutional and that the Court should instead require state legislatures themselves to certify every Presidential election lies somewhere between a willful misreading of the Constitution and fantasy,” he wrote.


He added, however, that the plaintiffs’ failure to even try to serve the many parties they had sued made it difficult of him to believe the lawsuit was intended to be taken seriously.


“Courts are not instruments through which parties engage in such gamesmanship or symbolic political gestures,” he wrote, adding that he was contemplating referring the case to the court’s Committee on Grievances “for potential discipline of Plaintiffs’ counsel.”


Erick G. Kaardal, the Minneapolis-based lawyer who filed the suit on behalf of the group, did not respond to a request for comment.

Categories Elections, Failure, Trump

Business Leaders Urge Congress to Certify Biden Election Without Delay

By dianeravitch
January 4, 2021 //
12

Trump’s pathetic efforts to overturn an election he lost resoundingly have been refuted more than 50 times by state and federal courts.

He’s now encouraging demonstrators and protestors to flood the streets of D.C. on January 6 while Congress is proceeding to certify the vote of the Electoral College. Chaos is all he has left.

Today, nearly 200 business leaders urged Congress to stop toying with the election results, accept reality, and do their job.

https://pfnyc.org/news/new-york-business-leaders-issue-statement-to-certify-electoral-vote/

This presidential election has been decided and it is time for the country to move forward. President-elect Joe Biden and Vice President-elect Kamala Harris have won the Electoral College and the courts have rejected challenges to the electoral process. Congress should certify the electoral vote on Wednesday, January 6. Attempts to thwart or delay this process run counter to the essential tenets of our democracy.

The incoming Biden administration faces the urgent tasks of defeating COVID-19 and restoring the livelihoods of millions of Americans who have lost jobs and businesses during the pandemic. Our duly elected leaders deserve the respect and bipartisan support of all Americans at a moment when we are dealing with the worst health and economic crises in modern history. There should be no further delay in the orderly transfer of power.

Ted Cruz, Jos

Categories Elections, Failure, Trump

Steve Hinnefeld: Indiana Legislators Preparing to Expand Failed Voucher Program

By dianeravitch
January 2, 2021 //
15

Steve Hinnefeld warns that Republican legislators in Indiana are laying the groundwork to expand the state’s failed voucher program. The research on vouchers in many states has been consistent: Students who use vouchers fall behind their peers in public schools. Those who continue to push vouchers are either ideologues, religious zealots, or paid to do so. We know that they don’t help students. Increasingly the students who take vouchers already attend religious schools or planned to, and they are getting public money to pay private tuition.

Indiana legislators like to fund failure.

Don’t be surprised if lawmakers try to expand Indiana’s already generous private school voucher program in 2021. They’re signaling their intention with the issues surveys they send to constituents.

At least eight House Republicans include this question in their surveys, which are posted on their internet sites: “Do you support increasing the income eligibility for Indiana’s CHOICE scholarships, giving more low- and middle-income families the option to send their children to the school that best meets their needs?”

Note that the question contains a falsehood. Increasing the income eligibility for vouchers, officially labeled Choice Scholarships, won’t change anything for low-income families. They already meet income qualifications for the program, which provides state funding for private school tuition.

Under current law, students can qualify for vouchers if their family income is less than 150% of the threshold for reduced-price school meals. They remain eligible if their family income rises to 200% of the reduced-meal level. For a family of five, that’s $113,516, two times Indiana’s median household income.

In other words, low-income families and many middle-income families already meet the income requirements. According to the 2019-20 Indiana Department of Education voucher report, a quarter of voucher recipients came from families that made over $75,000 and 7% made over $100,000.

The suggestion in the survey that vouchers let families choose schools that meet their children’s “needs” is also questionable. Surveys have found that many voucher parents choose private schools primarily because they provide religious training, not because their children have unique needs. Research has shown that voucher students who leave public schools for private schools typically fall behind academically.

Categories Accountability, Education Reform, Failure, Funding, Indiana, Vouchers

Peter Greene: Democrats Need a Major Restart for Education

By dianeravitch
January 2, 2021 //
23

You know the old line, “Failure is not an option.” Well, we have federal education policy built on the idea that failure doesn’t matter. Failure is not only an option, it is the only option. No Child Left Behind failed; the same children who were behind were left behind. Race to the Top was a failure; no one reached “the top” because of its demands. Common Core was a failure: It promised to close achievement gaps and raise up fourth grade test scores; it did not. Every Student Succeeds did not lead to “every students succeeding.” At some point, we have to begin to wonder about the intelligence or sanity of people who love failure and impose it on other people’s children. Testing, charter schools, merit pay, teacher evaluation, grading schools A-F, state takeovers, etc., fail again and again yet still remain popular with the people who control the federal government, whether they be Democrats or Republicans.

Peter Greene sums up the problem with his usual wit and insight: Democrats need a new vision. They need to toss aside everything they have endorsed for at least the past 20-30 years. The problem in education is not just Betsy DeVos. The problem is the bad ideas endorsed by Ronald Reagan, George H.W. Bush, Bill Clinton, George W. Bush, Barack Obama, and Donald Trump. Will Biden and Cardona have the wisdom and the vision to understand that?

For four years, Democrats have had a fairly simple theory of action when it came to education. Something along the lines of “Good lord, a crazy lady just came into our china shop riding a bull, waving around a flamethrower, and dragging a shark with a head-mounted laser beam; we have to stop her from destroying the place (while pretending that we have a bull and a shark in the back just like hers).” 

Now, of course, that will, thank heavens, no longer fit the circumstances. The Democrats will need a new plan.

Trouble is, the old plan, the one spanning both the Clinton and Obama years, is not a winner. It went, roughly, like this:

The way to fix poverty, racism, injustice, inequity and economic strife is to get a bunch of children to make higher scores on a single narrow standardized test; the best shot at getting this done is to give education amateurs the opportunity to make money doing it.

This was never, ever a good plan. Ever. Let me count the ways.

For one thing, education’s ability to fix social injustice is limited. Having a better education will not raise the minimum wage. It will not eradicate poverty. And as we’ve just spent four years having hammered into us, it will not even be sure to make people better thinkers or cleanse them of racism. It will help some people escape the tar pit, but it will not cleanse the pit itself.

And that, of course, is simply talking about education, and that’s not what the Dems theory was about anyway–it was about a mediocre computer-scorable once-a-year test of math and reading. And that was never going to fix a thing. Nobody was going to get a better job because she got a high score on the PARCC. Nobody was ever going to achieve a happier, healthier life just because they’d raised their Big Standardized Test scores by fifty points. Any such score bump was always going to be the result of test prep and test-taker training, and that sort of preparation was always going to come at the expense of real education. Now, a couple of decades on, all the evidence says that test-centric education didn’t improve society, schools, or the lives of the young humans who passed through the system.

Democrats must also wrestle with the fact that many of the ideas attached to this theory of action were always conservative ideas, always ideas that didn’t belong to traditional Democratic Party stuff at all. Jack Schneider and Jennifer Berkshire talk about a “treaty” between Dems and the GOP, and that’s a way to look at how the ed reform movement brought people into each side who weren’t natural fits. The conservative market reform side teamed up with folks who believed choice was a matter of social justice, and that truce held until about four years ago, actually before Trump was elected. Meanwhile, in Schneider and Berkshire’s telling, Democrats gave up supporting teachers (or at least their unions) while embracing the Thought Leadership of groups like Democrats for Education Reform, a group launched by hedge fund guys who adopted “Democrat” because it seemed like a good wayto get the support they needed. Plus (and this seems like it was a thousand years ago) embracing “heroes” like Michelle Rhee, nominally listed as a Democrat, but certainly not acting like one. 

All of this made a perfect soup for feeding neo-liberals. It had the additional effect of seriously muddying the water about what, exactly, Democrats stand for when it comes to public education. The laundry list of ideas now has two problems. One is that they have all been given a long, hard trial, and they’ve failed. The other, which is perhaps worse from a political gamesmanship standpoint, is that they have Trump/DeVos stink all over them. 

But while Dems and the GOP share the problems with the first half of that statement, it’s the Democrats who have to own the second part. The amateur part.

I often complain that the roots of almost all our education woes for the modern reform period come from the empowerment of clueless amateurs, and while it may appear at first glance that both parties are responsible, on closer examination, I’m not so sure.

The GOP position hasn’t been that we need more amateurs and fewer professionals–their stance is that education is being run by the wrong profession. Eli Broad has built his whole edu-brand on the assertion that education doesn’t have education problems, it has business management problems, and that they will best be solved by management professionals. In some regions, education has been reinterpreted by conservatives as a real estate problem, best solved by real estate professionals. The conservative model calls for education to be properly understood as a business, and as such, run not by elected bozos on a board or by a bunch of teachers, but by visionary CEOs with the power to hire and fire and set the rules and not be tied down by regulations and unions. 

Democrats of the neo-liberal persuasion kind of agree with that last part. And they have taken it a step further by embracing the notion that all it takes to run a school is a vision, with no professional expertise of any sort at all. I blame Democrats for the whole business of putting un-trained Best and Brightest Ivy Leaguers in classrooms, and the letting them turn around and use their brief classroom visit to establish themselves as “experts” capable of running entire district or even state systems. It takes Democrats to decide that a clueless amateur like David Coleman should be given a chance to impose his vision on the entire nation (and it takes right-tilted folks to see that this is a perfect chance to cash in big time). 

Am I over-simplifying? Sure. But you get the idea. Democrats turned their backs on public education and the teaching profession. They decided that virtually every ill in society is caused by teachers with low expectations and lousy standards, and then they jumped on the bandwagon that insisted that somehow all of that could be fixed by making students take a Big Standardized Test and generating a pile of data that could be massaged for any and all purposes (never forget–No Child Left Behind was hailed as a great bi-partisan achievement). 

I would be far more excited about Biden if at any point in the campaign he had said something along the lines of, “Boy, did we get education policy wrong.” And I suppose that’s a lot to ask. But if Democrats are going to launch a new day in education, they have a lot to turn their backs on, along with a pressing need for a new theory of action.

They need to reject the concept of an entire system built on the flawed foundation of a single standardized test. Operating with flawed data is, in fact, worse than no data at all, and for decades ed policy has been driven by folks looking for their car keys under a lamppost hundreds of feet away from where the keys were dropped because “the light’s better over here.”

They need to embrace the notion that teachers are, in fact, the pre-eminent experts in the field of education.

They need to accept that while education can be a powerful engine for pulling against the forces of inequity and injustice, but those forces also shape the environment within which schools must work. 

They need to stop listening to amateurs. Success in other fields does not qualify someone to set education policy. Cruising through a classroom for two years does not make someone an education expert. Everyone who ever went to the doctor is not a medical expert, everyone who ever had their car worked on is not a mechanic, and everyone who ever went to school is not an education expert. Doesn’t mean they can’t add something to the conversation, but they shouldn’t be leading it.

They need to grasp that schools are not businesses. And not only are schools not businesses, but their primary function is not to supply businesses with useful worker bees. 

If they want to run multiple parallel education systems with charters and vouchers and all the rest, they need to face up to properly funding it. If they won’t do that, then they need to shut up about choicey policies. “We can run three or four school systems for the cost of one” was always a lie, and it’s time to stop pretending otherwise. Otherwise school choice is just one more unfunded mandate.

They need to accept that privatized school systems have not come up with anything new, revolutionary, or previously undiscovered about education. But they have come up with some clever new ways to waste and make off with taxpayer money.

Listen to teachers. Listen to parents in the community served by the school. Commit to a search for long term solutions instead of quick fixy silver bullets. And maybe become a force for public education slightly more useful than simply fending off a crazy lady with a flamethrower. 

Categories Accountability, Betsy DeVos, Charter Schools, Corporate Reform, Creativity, Democrats, Disruption, Duncan, Arne, Education Industry, Education Reform, Every Student Succeeds Act (ESSA), Failure, Federal Waiver, NCLB (No Child Left Behind), Privatization, Race to the Top

Rick Hess Interviews Betsy DeVos As She Heads for the Exit

By dianeravitch
December 31, 2020 //
37

Rick Hess conducts an “exit interview” with Betsy DeVos, which was published at Education Week. Rick is a fellow at the conservative American Enterprise Institute, which is funded in part by DeVos.

DeVos came to Washington to destroy public education, and she failed. She bitterly dismisses the “entrenched interests” and bureaucrats who frustrated her ambitions to turn billions of public dollars over to religious and private schools and to extinguish teachers’ unions altogether. During her confirmation, she was unable to answer direct questions about education policy, and she was ultimately confirmed only when Vice-President Pence cast a tie-breaking vote. This had never happened before. In poll after poll, DeVos was characterized as the most unpopular member of Trump’s Cabinet. She did her best to skewer the Department’s Office of Civil Rights, to abandon college students who were defrauded by for-profit colleges, to divert COVID funding to elite private schools. Fortunately, most of the changes–maybe all of them–will be reversed by the Biden administration. Here is a fun fact that DeVos doesn’t mention: She is right that the number of voucher programs has grown, but she fails to point out that fewer than 1% of American students use vouchers. Nor does she mention that most independent voucher studies find that students in voucher schools are worse off than their peers in public schools. When a 2017 evaluation of the voucher program in D.C. reported that the students in voucher schools actually lost ground, DeVos didn’t care. She said: “When school choice policies are fully implemented, there should not be differences in achievement among the various types of schools.” Nonetheless, in this exit interview, DeVos continues to promote voucher propaganda, and Hess doesn’t challenge her.

Here is an excerpt:

Rick: Back in 2017, your confirmation process was remarkably contentious. Looking back, what did you take from that and how did it affect your approach to the role?

Secretary DeVos: It confirmed my belief that entrenched interests were going to do their best to protect the status quo, their power, and their jobs no matter what. It gave me a clear-eyed look at the uphill battle I knew we would face as we pivoted the federal focus away from adults’ interests to what’s best for kids.

Rick: You came to your position as an outsider—how has that mattered?

DeVos: Like I’ve said before, I didn’t know all the things you “can’t do.” So I came in with fresh eyes and a laser focus on rethinking the way we approach all aspects of work at the department.

Rick: What surprised you most about the job?

DeVos: A couple of things. First, that the bureaucracy is even more bureaucratic than any of us could have ever imagined, and it takes longer to get anything done than I could have ever imagined. Second, seeing firsthand just how difficult it is for people in Washington to see beyond what is and imagine what could be. Third, and importantly, I am consistently inspired by what parents will do for their kids’ educations. I’ve met single mothers driving Uber in addition to holding two other jobs just so their children can learn in schools that work for them. I’ve met parents who didn’t wait for permission to home school their children nor did they wait for their schools to open this past spring, establishing their own learning pods and microschools so their children could continue learning. I suppose I’m not surprised by the ingenuity of America’s parents, but I am inspired by them and their students.

Rick: For you, what’s one anecdote that really captures what it’s like to be secretary of education?

DeVos: I remember talking with a group of young African American students in a school where they were benefiting from the Milwaukee voucher program and looking outside at a sea of middle-aged white protestors who apparently thought those students didn’t deserve that opportunity. I think that’s a pretty good microcosm of what my experience in office was like.

Rick: What was the most useful preparation you had to be secretary?

DeVos: I’ve dedicated more than 30 years of my life to fighting for students, starting in my community, then throughout Michigan and in states across the country. I know what parents want and need for their children’s educations because I am one and because I’ve fought alongside them to have the same choices and opportunities for their kids that I had for mine. People also forget this is ultimately a management job, not a teaching job. Among other things, you run one of the nation’s largest banks. Having actually led large organizations was very important preparation.

Rick: If you had to point to just one, what’s the single data point that really illuminates your thinking about American education?

DeVos: Half of lower-income 4th graders are below-basic readers, according to the most recent Nation’s Report Card. If the system is failing to teach the most basic of skills to the most vulnerable of students, how can anyone defend it? Worse yet, for the past quarter century, there has been no meaningful change in test scores, yet as taxpayers, we spend more and more for education each year. And by too many measures, these gaps are even widening. Perhaps the largest gap is between American students and their international peers. We’re not in the top 10—in anything. That’s not because our students aren’t capable; it’s because “the system” is culpable for failing them. And, if I could point to a couple more data points, there are currently millions of kids on charter school wait lists, and 3 out of 4 parents who say, if given the opportunity, they would choose a different school than their assigned one for their child. Parents are making clear what they think the solution is to the system’s failures.

Rick: What’s one thing that advocates and reformers should understand about federal education policy which they may not already?

DeVos: It needs your voices. Reformers rightly focus on the states, which are in control of education, but ignoring Washington comes with peril. Remember, a different president and secretary most certainly would have implemented the Every Student Succeeds Act in significantly more controlling ways.

Rick: What would you regard as your most significant accomplishment in office?

DeVos: Hands down, it’s changing the national conversation around what K-12 education can and should be. The concept of school choice is more popular across racial, ethnic, and political lines than ever before. I’m also proud of the team’s work on the historic Title IX rule which codified into law protections for all students.

Rick: And what would you say is your biggest regret?

DeVos: In four years, we set out to change the course set by the past 40 years of the department’s history. Though we’ve made remarkable progress, as long as there are students stuck in schools that do not meet their needs, the work is not yet done. I believe that all children have unlimited potential and promise, and so every single one of them deserves the opportunity to find their educational fit. I regret that we didn’t push harder and earlier in the term.

Rick: Throughout your tenure, your emphasis has been on expanding educational choice for students and families. How would you evaluate your record on this score?

DeVos: My team and I have worked very hard to advance education freedom—or school choice, as most know it. This idea, which President Trump rightly calls “the civil rights issue of our time,” is on the march across the country. Students in more states have more opportunities to pursue the education that’s right for them today than when I first took office. Consider the bold expansions in North Carolina, Florida, West Virginia, Tennessee, and even in Illinois. Right here in D.C., participation in the school choice program is now 50 percent higher than it was four years ago, and there is still massive unmet demand. We’ve changed the conversation at the federal level, too. Our proposal for Education Freedom Scholarships is the most ambitious in the nation’s history, and now there are more than 120 co-sponsors in Congress and more than 50 Senators who voted for Sen. McConnell’s COVID relief package who are helping us champion the idea.

Categories Betsy DeVos, Education Reform, Failure, School Choice, Trump, U.S. Department of Education, Vouchers

Washington Post: Could Trump Declare Martial Law and Steal the Election?

By dianeravitch
December 29, 2020 //
51

The fact that anyone is discussing the possibility of martial law demonstrates how much Trump has degraded our democracy. When Hillary Clinton lost the election in the Electoral College in 2016, she graciously conceded; she didn’t demand endless recounts. Trump continues to whine about a “rigged” election, although historically it is the party in power that has the opportunity to “rig” any election. Although he lost more than 50 lawsuits in state and federal courts, his campaign is still litigating his loss, trying to throw out the vote in Pennsylvania. Since he apparently has no legal way to overturn the election, he is trying to dirty Biden’s clear victory over him, and at the same time, undermine the integrity of our electoral process, which is the basis of our democracy. He is a vengeful, spiteful baby, whining all the way out the door.

Amber Phillips wrote in the Washington Post about Trump’s desperate search for a way to overturn the electoral results, including martial law:

He’s thought about it. He’s hosted political and legal outcasts at the White House to talk about it.

Could President Trump declare martial law, or seize voting machines, or try to otherwise steal the election by force in his last month in office? Any of those would be an extreme escalation of Trump’s already unprecedented strong-arm tactics in his effort to overturn the election results.

The answer is no, he can’t do this stuff, say various national security and election law experts.

But even if these maneuvers aren’t in the president’s tool kit, it’s dangerous for him to talk about them in a way that risks normalizing them — let alone in Oval Office meetings, said nearly every expert The Fix spoke with.

“This is really dangerous stuff to start playing with,” said Rachel Kleinfeld, a national security expert at the Carnegie Endowment for International Peace. “You cannot normalize extrajudicial action outside the rule of law and believe democracy will hold. Democracies are fragile, even ours.”

But even if Trump could do any of the things he might be entertaining, they wouldn’t actually change the election results: Here’s what he’s mulling, according to Washington Post reporting, and why experts say these efforts won’t get him what he wants.

1. Declare martial law 

What this would do: Trump would put the military in charge. It would implement and enforce curfews, keep people in their homes. Former Trump national security adviser Michael T. Flynn has suggested the military could force states to rerun elections. It could even stop members of Congress from coming to work on Jan. 6 to certify President-elect Joe Biden’s win.

Could it happen? No, experts say. There’s absolutely no legal or political precedent for it. “Can the president invade the Congress of the United States? No, he cannot,” said Adav Noti, an election law expert with the Campaign Legal Center.

Some experts were skeptical the president could actually declare martial law in the first place. Governors have that power in their states, but the president doesn’t, Kleinfeld said. (The Post’s Gillian Brockell reports the Supreme Court has never ruled on whether a president can declare martial law without congressional approval.)

“If you have martial law,” Kleinfeld said, “you have total suspension of the Constitution. So that’s a coup, and a coup in this country is not going to happen.”

Trump would also need military buy-in, and military leaders have said they’re not interested in entertaining any of these ideas. Experts were heartened that military leaders expressed regret for participating in a clearing of peaceful protesters outside the White House this summer so the president could pose for a photo he used for political purposes.

Also, declaring martial law wouldn’t do anything to change votes. What is a curfew in December going to do to change an election in November? States aren’t going to redo elections. And even if Congress were unable to certify results, on Jan. 20, the political and legal and military establishment would almost certainly recognize Biden as president. Biden has said he’s confident law enforcement would escort Trump out of the White House on that day if he refused to leave.

After reporting over the weekend that he was briefed on this idea by fringe advisers, Trump tweeted this, throwing cold water on the idea.

Trump has called plenty of accurate reporting “fake news” before, so it’s not the same as an outright denial.

2. Use the Insurrection Act to somehow get control

What this would do: This is slightly different from martial law in that it’s an actual legal tool the president has that allows him to use the military in extreme ways. The Insurrection Act allows the president to call in troops for domestic law enforcement, not unlike what he did this summer in Portland, Ore., during Black Lives Matter protests. It’s supposed to be used only in times of emergency.

But what emergency is there right now that would warrant the military taking to the streets? There is none. Trump could try to gin one up by encouraging protests across the nation on Jan. 6 as Congress certifies results, said Meredith McGehee, an expert in ethics in politics and the director of Issue One.

To that end, Trump allies are planning a rally in Washington that day. Trump is encouraging them: “Big protest in D.C. on January 6th. Be there, will be wild!” he tweeted last week.

That’s scary language, said McGehee, who wondered whether Trump might try to do this in several cities to create the pretense of insurrection and chaos. “Now we have a president who is playing with the notion that we are going to solve conflict with violence,” she said. “That puts us up there truly with the banana republics.”

But this tactic would almost certainly face legal challenges and political blowback. “Talk about an idiotic idea,” Republican strategist Karl Rove recently said on Fox News. “There’s no ability for any president to invoke the Insurrection Act of 1803, claiming that the issue has got to do with the hubbub around the election.”

And just like declaring martial law, it wouldn’t actually change Trump’s results. The Insurrection Act “says nothing about: ‘Therefore the president can stay in power after he’s been voted out in a legitimate election,’” Kleinfeld said.

3. Seize voting machines from states

What this would do: It’s unclear, honestly. It’s an idea that’s been floated to the president on the basis he could somehow try to prove baseless claims that voting machines counted votes incorrectly, or that they were somehow hacked by communist countries.

But those claims been disproved. In Georgia, the Republican secretary of state has presided over three recounts, including one by hand, that confirmed the machines counted votes correctly. An Arizona judge allowed Republicans to view 100 ballots to search for fraud or miscounting, and they found nothing.

“We’re at a point where the votes have been counted,” Noti said. “The machines are done. There was no fraud.”

Also, this is illegal without states’ permission. The Constitution gives states the authority to run their own elections as they see fit. Taking the voting machines would fall to the Department of Homeland Security, and its head, Chad Wolf, has told the White House he’s doesn’t have the authority, according to Post reporting.

4. Set up a special counsel to investigate voter fraud

Trump has toyed with putting one of the most conspiracy-theory-minded lawyers in his orbit, Sidney Powell, into an official position to “investigate” whether there was fraud that led to his loss.

What this would do: Not much.

For one, it doesn’t seem like she’ll find anything. In six states he lost, officials have found just a handful of incidents worth investigating — nowhere near the tens of thousand of votes Trump would need to overturn his loss. The courts have nearly universally rejected his claims as well.

Two, she wouldn’t have much time. A special counsel can’t be removed by the next president, but a Biden Justice Department could just silo her and give her zero resources.

Three, the Justice Department would need to implement this, and it’s not clear Trump has that support. Attorney General William P. Barr said on his way out the door this week that he saw no need. His replacement, Jeffrey A. Rosen, hasn’t commented on this…

Of all the ideas floated out there, this one is the flimsiest, experts said. (But they stressed that they are all infeasible.) “Like all the post-election litigation by the president’s team, it’s all half-baked ideas that don’t have a basis in law and don’t have a basis in fact and don’t have any chance of success,” Noti said, “however success is defined other than whipping some portion of the American public into a frenzy.”

5. Have Congress protest the election 

What this would do: Again, nothing to change the election results. But this is one of the only ideas Trump has considered that he could legally do.

Well, not himself.

When Congress meets Jan. 6 to confirm Biden’s win, Trump has lined up several House Republican lawmakers to challenge as many as half a dozen states he lost. But they won’t actually succeed in changing the outcome. They don’t have support yet from a Republican senator, and without that, their objections die immediately.

If a Republican senator does join in — potentials include incoming senator Tommy Tuberville of Alabama or Sen. Rand Paul of Kentucky — Congress has to debate and vote on their challenges. Lawmakers will almost certainly vote them down, even the Republican-controlled Senate. Sen. John Thune (R-S.D.), the No. 2 Senate Republican, has said these challenges are “going down like a shot dog.” There’s no legal basis not to accept state’s electors that, taken together, make Biden president.

So all of this talk about possible actions is just that: talk. And Trump will probably continue to talk, and tweet, about the election up to noon on Jan. 20, at which point he will be the former president.

Categories Accountability, Civics, Democracy, Failure, Trump
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