Archives for category: Florida

This is not a new article but it remains timely and worthy of your attention.

Jeb Bush runs an organization called the Foundation for Educational Excellence. Betsy DeVos was a member of his board. FEE receives corporate contributions. It works closely with ALEC, the rightwing corporate-sponsored organization that lobbies for charters, vouchers, and against teachers’ unions and tenure.

In the Public Interest was able to obtain a trove of emails that revealed the influence of FEE in several states, including Florida, New Mexico, Maine, Oklahoma, Louisiana, and Rhode Island.

The e-mails are between the Foundation for Excellence in Education (FEE) and a group Bush set up called Chiefs for Change, whose members are current and former state education commissioners who support Bush’s agenda of school reform, which includes school choice, online education, retention of third-graders who can’t read and school accountability systems based on standardized tests. That includes evaluating teachers based on student test scores and grading schools A-F based on test scores. John White of Louisiana is a current member, as is Tony Bennett, the new commissioner of Florida who got the job after Indiana voters rejected his Bush-style reforms last November and tossed him out of office.

Donald Cohen, chair of the nonprofit In the Public Interest, a resource center on privatization and responsible for contracting in the public sector, said the e-mails show how education companies that have been known to contribute to the foundation are using the organization “to move an education agenda that may or not be in our interests but are in theirs.”

He said companies ask the foundation to help state officials pass laws and regulations that make it easier to expand charter schools, require students to take online education courses, and do other things that could result in business and profits for them. The e-mails show, Cohen said, that Bush’s foundation would often do this with the help of Chiefs for Change and other affiliated groups.

When the Florida House of Representatives passed the legislation to award $200 million to charter operators who opened in competition with low-performing schools, they also passed two other bills that are ugly.

One would require districts to share their property taxes with charter schools.

The other would make adjustments to the state’s idiotic “Best and Brightest” bonus plan for new teachers, which gives a large cash bonus to new teachers who had high SAT scores many years ago.

House members also approved its version of a measure (SB 376) that could lead to local school districts sharing construction dollars raised from local property taxes with charter schools. That bill was approved on a 76-38 vote.

And by a 79-38 vote, the House supported legislation (HB 7069) that would overhaul the Best and Brightest bonus program for teachers.

The proposal would lower the scores teachers would need on college-entrance exams to access the award, expand the number of tests that could be used to qualify for the bonuses and give principals an opportunity to earn additional pay by having large numbers of teachers at their schools who receive the awards.

But opponents said the changes did not go far enough.

“This was a bad idea last year,” said Rep. Joe Geller, D-Aventura. “It’s a worse idea this year.”

Watch Florida for the worst possible ideas in political manipulation of schools and teachers.

The Florida Speaker of the House said that the legislation recently passed was designed to attract national charter chains to take over low-performing public schools, such no-excuses charter schools as KIPP, SEED, and Uncommon Schools.

But according to this article in Politico, the chains thus far are not interested. KIPP has only one school in Florida, the most charter-friendly state in the nation (some might say that California is the most charter-friendly state).

Florida House Speaker Richard Corcoran wants nonprofits that have operated high-performing charter schools in other states to replicate their success here.

To that end, he’s made them an offer: $200 million to cover facilities costs, personnel and specialized educational offerings, plus a wish list of statutory and regulatory changes designed to help them prosper.

But it appears they’re not interested.

Several of the organizations the Land O’Lakes Republican has mentioned by name or that have appeared in front of House education committees — networks that operate charter schools in New York City, Boston, the suburbs of Washington, D.C., and Phoenix, among other locales — told POLITICO Florida they have no plans to open schools in the Sunshine State.

Others said the scenario Corcoran has proposed is not consistent with their models. The House’s plan would incentivize operators to open charters in neighborhoods where traditional public schools are struggling, potentially drawing out some or all of the students. An operator could also take over operations of a struggling school or convert it to a charter school, which are options that already exist under state law but would be enhanced by the proposal.

Florida has more than 600 charter schools. They open and close like day-lilies. Many operate for profit. The charter industry cannot rest so long as a public school remains undisturbed by the forces of disruption and greed.

A new law has been proposed law to open more opportunities for the industry. It is cynically named “Schools of Hope.” But hope is for the entrepreneurs, not the children.

The Florida House of Representatives passed the law two days ago on a party-line vote. One Democrat called the legislation “Most Children Left Behind”

Behind the new law stands Betsy DeVos’s mentor, Jeb Bush. Jeb will push privatization so long as there remains a public school in Florida, regardless of results.

This letter came from Fund Education Now, a parent group.

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Status: HB 5105 “Charter School Turnaround Heist/Schools of Hope” passed in the House along strict party lines. No companion in Senate except Sen. Bean’s SB776, which is scheduled to be heard for the first time in committee on Monday, 4/17/17. Please take the time to read and understand the dangerous lie behind HB 5105 and why the Senate must stop it.

Take action now: Urge the Senate to reject Charter ”Schools of Hope” Turnaround language – No on SB776, block inclusion in Budget & “Train Bill”

Politics behind HB 5105:

Thirteen people filled out testimony cards in the House to speak on “Schools of Hope”/HB 5105; the sole proponent was a lobbyist from Jeb’s Foundation for Florida’s Future
Florida legislators chronically move cut scores while ignoring the more important measure of actual learning gains, a practice that deliberately throws schools in and out of A, B, C, D, or F status every year.

Case in point: the controversial “proficiency” language found in HB 773 which, if passed, alters the FSA cut scores again causing the pass rate to fall from 54% to somewhere between 27% and 39%, rapidly increasing the number of “D” and “F” schools, clearly benefiting “Schools of Hope.”

By allowing a “Schools of Hope” to open anywhere in a 5 mile radius from a “D” or “F” public school, legislators are ensuring that entire districts, even affluent areas, will qualify, triggering rapid charter growth.
Codifies a longstanding resentment that for-profit charter developers feel toward public school districts that charters aren’t being allowed to replicate fast enough.

Laws are passed every session to increase unmitigated charter growth.

Right now districts have multiple statutory options to aid in transforming a D or F school, only one of which is the transfer to a for-profit charter operator. Charter lobbyists and folks such as HB 5105 sponsor Manny Diaz, complain that districts don’t pick this option enough.

HB 5105 sweetens the charter pot by forcing districts to select the “transfer to for-profit charter operator” option and eliminating the district managed option entirely.

Send your letters now: Tell the Senate to reject the “Schools of Hope”/Charter Schools Turnaround Heist!

“Schools of Hope” do not ensure success for struggling students:

Students exiting their so-called “D/F” school become part of a large diaspora will be impossible to track to review outcomes, making it unlikely that the success or failure of “Schools of Hope” will ever be known.

The 77,000 students who currently attend D/F-graded public schools (2% of Florida’s 2.75 million public school students) are under zero obligation to attend the “School of Hope” situated within 5 miles of their current school.

“Schools of Hope” are under no obligation to provide transportation

Students who attend their so-called D/F school will be dispersed into the community, free to use the Opportunity Scholarships, Corporate Tax Credit/Private School Vouchers or the state’s liberal open enrollment policy that crosses all districts as well as the “School of Hope.”

Once the for profit charter “School of Hope” accepts the student(s) from the so-called D/F school, which could be as few as 1, they are free to host a lottery for the rest of the community

All the rhetoric about saving kids from so-called “failure factories” is a ruse. Under the “Schools of Hope,” nothing is guaranteed except the exponential growth of charter schools and the deliberate defunding of public district schools.

Triggers multiple ways for districts to lose schools and students, giving voters and parents no voice:

Gives for-profit charter developers access to a $200 million capital slush fund if they are willing to open a so-called “school of hope” within a five mile radius of any “D” or “F” public school, which opens entire districts to charter development.

Immediate transfer of D and F public schools into private, for-profit hands. Districts already have multiple statutory options to aid in transforming a D or F school, only one of which is the transfer to a for-profit charter operator.

Loss of public assets nearly $1 billion per year

Bill takes away district right to manage its own school

Establishes system of “Success” Charter schools that could be designated an independent district with its own taxing authority

Eliminates District managed option
Compresses the time-frame for schools that receive a D or F grade to be handed over to for-profit charter operator

Removes options from school boards for turn-around solutions

Picture of loss:

115 public district schools could be handed over immediately to corporate charter developers

450 additional public schools vulnerable to this charter school heist

77,000 students in those 115 public district schools under immediate takeover threat means the transfer of $555 million dollars to for profit charters per year based on UFTE of $7,420.58.

$200 million capital slush fund per year offered to for-profit charter chains willing to open a so-called “school of hope” within a five mile radius of any D or F public school.

For-profit Charter Chains not interested in struggling students:

Florida charters have demonstrated a chronic disinterest in this population.

Legislators are consumed with labeling children and schools with D or F, but unwilling to walk through the doors to see the remarkable work being done despite chronic underfunding

Charter Chains and legislators disregard the fact that struggling D or F schools face the deep effects of generational poverty that requires greater investment and support not “failure” labels and ridicule.

Charter chains know that struggling students cost more and are “not attractive” to a ‘for-profit” model

Legislators ignore District Success:

A prime example of this is Orange County’s successful Evans High Community School, which is a collaborative effort between the district, UCF and other agencies.

This level of student investment – at least $1M more per year per school – is something no for-profit corporation is willing to justify to its board

Florida has a history of constantly moving cut scores while ignoring the more important measure of actual learning gains, a practice that deliberately throws schools in and out of A, B, C, D, or F status every year.

“Schools of Hope” is based on a lie:

Florida’s A-F Accountability/school grades are based on a false premise since school grades almost always reflect zip code status

Florida’s constantly moving cut scores vs. the more important measure of actual learning gains throws schools in and out of A, B, C, D, or F status every year rendering the grades meaningless

Alters statute to include both D and F schools, exponentially driving up the numbers of schools available for take over

Florida Charter Schools have not lived up to their promises

State has spent $760 million on the building and operation of charter schools since 2000.

Majority of state funding for the construction and renovation of schools goes to charter schools.

U.S. Department of Education found no evidence to support the claims that charter schools ‘save children from “failing schools.”

Research shows that restarting a former public school as a charter school had no significant impact on math or reading test scores, high graduation or college enrollment

In 2016, Florida charter schools closures were the highest in the nation

HB 5105 “Schools of Hope” enticements offered to for-profit charter chains:

Gives for profit operators a $200 million slush fund,

Provides for-profit charter developers with a state tax-payer sponsored revolving loan program

Transfers federal funds meant for district schools to private entities

Forces districts to turn over public school buildings AND requires the school district to maintain them.

Exempts for-profit charter developers from school building codes, taxes, fees and assessments and state procurement laws.

Exempts for-profit charter developers from the current charter law and requirements that they close if they fail.

Exempts for-profit charter developers from the class size limits in our constitution.

Exempts for-profit charter developers from teacher certification requirements

Rescinds district-managed option for turning around struggling schools

Stretching the truth – calling Charter Chains “public”

Parents at Charter Schools have little recourse and must address complaints to a corporate school board whose members may not even live in the state.

For-profit Charter schools are run by corporate operators, are allowed to profit from publicly bonded real estate deals and are governed by separate school boards – all enriched by public dollars.

The 501c3 front door provides cover for a private, exceptionally lucrative for-profit back door charter operators that are exempt from transparency because they are private corporations

Legislators benefit from charter school growth. HB 5105 sponsor, Rep. Diaz, earns his living working for the unaccredited Doral College, which is owned by mega charter school developer Academica, the group that just won the state’s first district charter school takeover located in Jefferson County, The ink isn’t dry on the deal to serve 600 students and already Academica is petitioning the Florida Legislature for an additional $5 Million.

Dana Goldstein is a noted education journalist who joined the New York Times shortly after Trump’s inauguration. As she writes, she began to focus on vouchers since that would be the focus of this new administration.

Betsy DeVos has held up the Florida voucher program as a national model, so Goldstein went to Florida to learn about the McKay Scholarship Program, which provides vouchers for students with disabilities (Jeb Bush wanted vouchers for the general population, but his referendum to change the state constitution was rejected by voters, and the voucher legislation he passed anyway was overturned by the courts, leaving only the McKay program in place.) Thirty thousands students with disabilities are enrolled in the program.

Goldstein writes that the McKay voucher program has a hidden cost: students relinquish their state and federal rights when they leave the public schools for a private school. Many parents are unaware that they abandon their civil rights protections under the IDEA law when they leave the public schools.

Vouchers for special needs students have been endorsed by the Trump administration, and they are often heavily promoted by state education departments and by private schools, which rely on them for tuition dollars. So for families that feel as if they are sinking amid academic struggles and behavioral meltdowns, they may seem like a life raft. And often they are.

But there’s a catch. By accepting the vouchers, families may be unknowingly giving up their rights to the very help they were hoping to gain. The government is still footing the bill, but when students use vouchers to get into private school, they lose most of the protections of the federal Individuals With Disabilities Education Act.

During Betsy DeVos’s confirmation hearings, she spoke glowingly about the Florida program. Senator Tim Kaine asked her what she thought about students forfeiting their rights under federal law, but she was unfamiliar with the federal law. She thought that the provision of services should be left to the states, and Sen. Kaine was surprised that she did not realize that students with special needs were protected by federal law.

As Goldstein notes, many parents are disappointed with the services provided by their public school, but when they get to the voucher school, they discover they no longer have the rights they were used to.

In the meantime, public schools and states are able to transfer out children who put a big drain on their budgets, while some private schools end up with students they are not equipped to handle, sometimes asking them to leave. And none of this is against the rules….

Legal experts say parents who use the vouchers are largely unaware that by participating in programs like McKay, they are waiving most of their children’s rights under IDEA, the landmark 1975 federal civil rights law. Depending on the voucher program, the rights being waived can include the right to a free education; the right to the same level of special-education services that a child would be eligible for in a public school; the right to a state-certified or college-educated teacher; and the right to a hearing to dispute disciplinary action against a child.

It’s not just Florida. Private school choice programs in Arizona, Colorado, Georgia, Oklahoma, Mississippi, Tennessee and Wisconsin also require parents to waive all or most IDEA rights. In several other states, the law is silent on the disability rights of voucher students.

One of the children she profiles is attending an online charter school and getting visits from specialists two-to-three times a week. What he does not get is the social interaction with other children.

What we have learned about Betsy DeVos is this.

She doesn’t like public schools, unless they are “great schools,” which they seldom are, because they are government schools, dead ends, and godless.

In this article, Emma Brown of the Washington Post describes the schools that DeVos loves: they are religious; they are Christian; they don’t have to be accountable to the state; their teachers don’t have to be certified; if they fail, they aren’t closed; if they teach creationism, that’s fine.

Florida has channeled billions of taxpayer dollars into scholarships for poor children to attend private schools over the past 15 years, using tax credits to build a laboratory for school choice that the Trump administration holds up as a model for the nation.


The voucherlike program, the largest of its kind in the country, helps pay tuition for nearly 100,000 students from low-income families.
But there is scant evidence that these students fare better academically than their peers in public schools.

And there is a perennial debate about whether the state should support private schools that are mostly religious, do not require teachers to hold credentials and are not required to meet minimal performance standards. Florida private schools must administer one of several standardized tests to scholarship recipients, but there are no consequences for consistently poor results.


“After the students leave us, the public loses any sense of accountability or scrutiny of the outcomes,” said Alberto Carvalho, the superintendent of Miami-Dade County public schools. He wonders what happens to the 25,000 students from the county who receive the scholarships. “It’s very difficult to gauge whether they’re hitting the mark.”


Education Secretary Betsy DeVos, a longtime advocate for school choice, does not seem to be bothered by that complaint.




Students play chess during an enrichment class at Academy Prep, a private middle school in Tampa that includes students from low-income families who receive tax-credit scholarships to attend. Academy Prep students go to school 11 hours per day and nearly 11 months per year. She is driven instead by the faith that children need and deserve alternatives to traditional public schools. At a recent public forum, DeVos said her record in office should be graded on expansion of choice-friendly policies. She did not embrace a suggestion that she be judged on academic outcomes. “I’m not a numbers person,” she said.


In a nutshell, that explains how the Trump administration wants to change the terms of the debate over education policy in the United States.


In the past quarter-century, Republican and Democratic administrations focused on holding schools and educators accountable for student performance.


Now, President Trump and DeVos seem concerned less with measuring whether schools help students learn and more with whether parents have an opportunity to pick a school for their children. They have pledged billions of dollars to that end. And they have visited private schools in Florida to underline their support for funding private-school tuition through tax credits…


On Thursday, DeVos visited another Florida private school to highlight the program. Christian Academy for Reaching Excellence (CARE) Elementary is “an awesome example of the opportunities provided through the Florida tax-credit scholarship,” DeVos told reporters. She said that the administration is working on how to expand choice nationally and that there is a “possibility” its efforts might be patterned on Florida’s tax-credit program, according to Politico.


Florida’s program, created in 2001 with the full-throated support of then-Gov. Jeb Bush (R), was one of the first to harness corporate tax credits to help low-income families pay private school tuition. Sixteen other states have enacted variations on the idea.




In a speech on March 29, Education Secretary Betsy DeVos said school choice will expand options for students like ride-sharing apps did for commuters.


Using tax credits to fund the scholarships, instead of direct payments from public treasuries, enabled lawmakers to work around state bans on the use of public funds to support religious institutions. The U.S. Supreme Court has ruled that tax-credit programs are constitutional.


Taking the idea to the federal level is one of the clearest ways Trump could make good on his promise to supercharge private-school choice across the country. If embedded in a larger tax bill that the GOP-held Congress passes via the budget reconciliation process, it would be protected from a Senate filibuster and therefore would require only 51 votes instead of the 60 usually required to pass legislation.


Vouchers are popular with the Republican majority on Capitol Hill but anathema to most Democrats. The Republican-controlled Congress in 2004 approved a voucher program that provides direct federal funding to help poor children in the District of Columbia attend private schools.



In Florida’s tax-credit program, businesses receive a dollar-for-dollar credit when they donate to nonprofit scholarship-granting organizations. A corporation that owes $50,000 in Florida taxes, for example, could donate $50,000 and pay nothing to the state. The nonprofit then dispenses money to students for tuition at participating private schools, although in some cases, the payment from the state does not cover the full cost of a private education.


Private schools do not need to be accredited to participate. They must show only that they’ve been in business for three years; that they comply with anti-discrimination and health and safety laws; and that they employ teachers who have gone through a background check and hold a bachelor’s degree, three years’ experience or “special skills.”


About 82 percent of scholarship recipients attend religious schools, according to state data. Many teach creationism instead of evolution and require students and parents to adhere to certain principles of religious doctrine.


The Family Life Academy in Archer, Fla., requires parents to subscribe to “corporal correction,” according to its handbook, and to sign a form giving the school permission to paddle their children. Colonial Christian School of Homestead, Fla., makes clear in its handbook that students will be expelled if they engage in homosexual conduct.


Critics say the public shouldn’t subsidize religious instruction, even indirectly. Supporters dismiss that argument.
“No one is coerced to go to a faith-based school. It’s a free decision,” said Doug Tuthill of Step Up for Students, which administers most Florida scholarships. “All the program does is provide the resources so they can exercise that freedom.”


The program is projected to receive more than half a billion dollars this year that otherwise would have gone to Florida’s treasury. But a 2010 analysis found it saves Florida money because each scholarship costs less than the state would spend to educate the same child in public school. The scholarship is now worth $5,886 per year.



In contrast, a federal tax credit would not save money for the federal government.


For more than 15 years, Florida has been out front in the movement to hold public schools accountable for academic results. It was one of the first states to use the results of standardized math and reading tests to grade every public school on an A to F scale, with rewards for the best-rated and sanctions for the worst. As in other states, annual report cards laid out how students at each school fared on the tests, with performance broken down by race and socioeconomic status.


But Florida exempts private schools from that accountability regime, even if they participate in the scholarship program.


Schools must give scholarship students standardized tests, but the outcomes are largely irrelevant. No matter how poorly a private school performs, it can continue receiving scholarship dollars.


The state commissions an annual report on the performance of scholarship students as a group, but their performance can’t be compared with that of poor children in public schools, who take a battery of different tests.


And parents seeking test data from a particular private school are likely to find none: Scores are reported separately only for private schools with at least 30 scholarship recipients. In the 2014-15 school year, just 198 of more than 1,600 participating schools met that threshold.


The stakes for parents are high: Although a disproportionate number of the state’s best schools are private, so are a disproportionate share of its worst, according to Northwestern University economist David Figlio, who has studied Florida’s tax-credit scholarships and produced the annual program report for six years.
“ There are some schools that, year in and year out, seemed to be adding considerable value, and other schools year in and year out that seemed to be leaving kids to fall further behind,” Figlio said.


Private-school results are translated into year-to-year changes in “national percentile rank,” a figure that offers insight into how students compare with others in the same grade nationwide. As a group, Florida scholarship students see no change in their percentile rank from one year to the next, which means that they’re learning at about the same pace as students nationwide.



But that average masks an enormous range.


At Lincoln-Marti Community Agency 23, a school of English-language learners in Miami, students on average scored 9 percentile points lower in math in 2015 than they had scored in 2014, and 5 percentile points lower in reading.


The school received $1.4 million from the tax-credit program this year to educate more than 250 students. Demetrio Perez, general counsel for Lincoln-Marti, said the test results offer an incomplete picture of performance. 
“The biggest measure of accountability is that parents have a meaningful choice,” Perez said. “If a parent is not satisfied with the educational program at a school, that parent can take his or her child to another school.”


At Okeechobee Christian Academy in Okeechobee, Fla., scores also show students losing ground. Principal Melissa King said the academy is constantly trying to improve. “Our core belief is to support these parents in raising up the next generation to advance the Kingdom of God,” King said.


Backers say the program forces public schools to improve. Figlio’s research found evidence for that idea: modest test-score increases at public schools facing the most intense competition.


Students who receive scholarships come from families with an average income of $24,000 per year. Many of those parents say the assistance has given their kids a shot at a better life.
“You only have one chance to either do well by your children or to ruin them, and I was trying to give them the best opportunity they could have,” said Linzi Morris, a mother of six scholarship recipients.
 All six have attended Academy Prep Center of Tampa, a middle school that she said provided top-notch academics as well as music, art, monthly weekend field trips, chess and other extracurriculars. Three are now in college, she said, and the other three are headed there.


Academy Prep students go to school 11 hours per day and nearly 11 months per year, far longer than the typical student. To pay for that, the school raises more than $1 million per year in donations to supplement the scholarships. In all, the program costs $17,000 per student.

 The investment appears to pay off: Students at the school learn faster than their peers nationwide, and 98 percent who finish eighth grade go on to graduate from high school, according to school officials. Eighty-four percent enroll in college.


Lincoln Tamayo, the school’s principal, said it doesn’t make sense to allow schools to continue receiving scholarship dollars if they fail to help children.
“Schools of all stripes, whether they be private or public charter or traditional public, are not immune from mediocrity,” he said. “The anvil’s got to drop somewhere.”


Jennifer Berkshire writes that Secretary of Education Betsy DeVos is visiting the Florida charter called SLAM started by misogynist rapper Pitbull. It is part of the controversial for-profit charter chain Academica, which was investigated last year by the UlS. Department of Education.

Berkshire interviews Preston Green about The problems of cronyism, conflicts of interest, and corruption that accompany deregulation.

Meanwhile, DeVos will bring the gospel of deregulation and choice without accountability to the converted.

A useful reminder: Join the Network for Public Education to fight DeVos’ efforts to destroy public education.

I just contributed $200 to this just cause.

If we crowd source our support, parents in Florida can fight the unjust law that prevents their children from advancing to fourth grade unless they take and pass the state test. Children who opt out will be retained. Children who received all A’s all year will flunk.

Support the parents fighting this stupid state mandate:

Dear Friends of Public Education,

As the Plaintiffs move towards the Florida Supreme Court, they must continue to pay their attorney. They have agreed to pay $7400.00 to progress this case. This is a small portion of the entire legal bill. With your generous donations, we can make it.

Here is a compelling video appeal from one of the parents: https://m.youtube.com/watch?v=_y8yDe0lOu0

At this time they have raised over $5000.00 of that $7400.00 and for that we thank you!

The families now have until April 4th to commit so please share the campaign and continue to support the fight to make sure that #180DaysCount.

There are 3 ways to donate.

1) gofundme.com/StopGr3Retention

2) Paypal link on https://www.facebook.com/TheOptOutFloridaNetwork/

3) To avoid GoFundMe fees, you may send a check directly to Attorney for the Plaintiffs:

The Law Office of Andrea Flynn Mogensen, P.A.
200 South Washington Boulevard, Suite 7
Sarasota FL 34236

Note on your check: “Third Grade Florida Supreme Court” and please let us know you have sent it at TheOptOutFLNetwork@gmail.com

It has been encouraging that SO MANY teachers have donated.

If you can contribute a challenge match to help the families get over this first hurdle, we would be very grateful.

Peter Greene reports here on a sad tale of education policy in Florida, where stupidity grows faster than citrus fruit.

As you may recall, Florida is one of the states with a third grader retention law, declaring that third graders cannot move on unless they pass the Big Standardized Test for reading. This is a dumb law, without a lick of evidence to support it, and several licks to suggest that it’s actually counter-productive. However, the legislature, in one of its rare lucid moments, opened the door to local districts substituting a portfolio display of reading skills in place of a BS Test score, and sixty-ish Florida county districts walked through that door into a land of sense and clarity.

A few other districts, however, decided to be dopes about the whole thing.

Mind you, I generally try to be semi-respectful here and remember that the people I disagree with are still human beings with families and lives. But what the hell is there to say about a grown adult who declares that an eight year old child must be held back a year, even if that child got straight A’s and demonstrated exemplary reading ability? That grown adult, even if she is a professional superintendent of schools, should be ashamed. She should be ashamed of visiting such abuse on any of her young charges, and she should be ashamed that she has so blatantly announced that she is not really concern3ed about that child’s reading skills at all, but is only interested in forcing that child to comply and take the Holy BS Test. (Or at least “participate,” which in Florida means breaking the seal and signing their names, which at least some of the plaintiffs did.)

But it just got worse. Initially, the state ed department threw the local districts under the bus, saying, “Well, it’s their choice.” But by summer’s end, the education department lawyers were arguing in court that the grades given by teachers on student report cards didn’t really mean anything.

And so about a dozen opt-out students were dragged into the Florida public square to be made an example of. Because nothing makes school superintendents and state lawyers and departments of education feel more validated than putting a beat-down on some third graders.

But just in time for September to roll in, Florida Judge Karen Gievers not only ruled in favor of the opt out kids, but used some pointed-yet-judgely language to point out that the state was acting like a giant asshat.

That should have been the end of things. Properly slapped, education officials should have come to their senses and exclaimed, “Holy smokes! We got so caught up in this we were more concerned in making sure that opt out families obeyed us than finding ways to see if students are really learning.” Instead, some local districts decided to keep being jerks to the children, and the case went back into the next level of court on appeal. “Dare to sue us for the right to advance a grade just because you have straight A’s,” they said. “We will not rest till we can put some hurt on your tiny ten year old frame.” I don’t want to know what the children are going to learn about being a responsible adult from this whole sorry mess.

But now the Appeals Court has weighed in and reversed the decision, declaring that Florida has a compelling state interest in forcing third graders to take and pass the third grade reading test. Even if their test scores were perfect all year, it matters not at all. The test trumps all.

Greene asks:

The ruling, which threw out all of the August court decisions, raises so many questions. Since this buttresses the state argument that report cards don’t matter, does this mean a child who flunks every class but gets satisfactory scores on the BS Test is legally entitled to advance to the next grade? Does this mean that Florida schools should abandon report cards entirely? Will Florida state troopers be sent into the sixty-ish other counties and force them to ignore portfolios and hold test scofflaws back in third grade? Will families with young children avoid these counties like the plague? Has Florida just found one more clever way to undermine public schools and drive families toward charters?

Recently Trump and DeVos gushed over the Florida tax credit voucher program and featured a graduate of one student who graduated from a voucher school.

This inspired Mercedes Schneider to look at the academic record of Florida’s voucher schools. It is not impressive.

Voucher schools are supposed to save students from failing schools. But most of the state’s voucher students do not come from F-rated schools or even D-rated schools. Most come from schools rated A, B, or C.

She looked at the school that produced the young woman who attended Trump’s first address to Congress. She is surely a fine young woman but her school is not. It is certainly no model of success.

She writes:

“Let us consider the gain scores of Esprit de Corps Center for Learning, the school that Denisha Merriweather attended via tax credit.

“In 2014-15 , 44 students completed assessments that produced gain scores. (The researchers cautioned about the stability of gain score results when the number of students tested is below 30. Thus, Esprit de Corps meets the 30+ test-taker condition.)

“In 2014-15, Esprit de Corps’ average gain score was -3.66 national percentile ranking points in reading and -13.52 in math.

Its average gain score from 2012-13 to 2014-15 (three years) was -0.65 national percentile ranking points in reading and -2.69 in math.

“In an effort to obtain more information on Esprit de Corps’ math gain score history, I consulted a few more FTC reports from previous years.

“According to the 2013-14 FTC report, Esprit de Corps fared better in 2013-14: 0.03 in reading (remember, a zero gain is right at the national average) and 6.9 in math (calculations based on 43 student assessments). However, its three-year average gain scores (2011-12 to 2013-14) in both reading and math were -0.65 and -2.69, respectively, which indicates lower gains in previous years, especially in math.

“In 2012-13, Esprit de Corps had only a slightly negative math gain score (-1.3), and a slightly positive reading gain (1.3). Still its three-year combined gain score in math (2010-11 to 2012-13) was notably negative (-4.3). Three-year reading was close to zero (0.3). (Score based on 47 student assessments.)

“In 2011-12, Esprit de Corps’ math scores were again especially low (-12.4), and its reading gains were also negative (-2.6) based on 47 student assessments. And again, its three-year average gain in math (2009-10 to 2011-12) was particularly low: -3.8. Its reading gain was negative but close to zero: -0.20.

“Esprit de Corps has an arguably established history of negative gains in math, as confirmed by its three-year scores from 2009-10-to-2011-12 to 2012-13-to-2014-15.

“This school-level reality complicates pitching Florida vouchers via tax credits as an across-the-board, superior public school alternative based on test score outcomes.

“Nevertheless, it seems that the push for vouchers in the DeVos era is one conveniently deaf to evidence and infused with the superiority of ideology.”