Archives for category: For-Profit

Donald J. Trump never misses an opportunity to make money from his cult followers. A few weeks ago, he introduced a line of Trump gold sneakers, embossed with an American flag. On the web, the gold sneakers are selling for as little as $49 and as much as $5,000.

Now Trump has a new product to sell, just in time for the Easter season: a “God Bless the USA Bible,” available for only $59.99.

Trump is working in partnership with singer Lee Greenwood to promote the USA Bible. Besides a King James Version translation, it includes the U.S. Constitution, the Bill of Rights, the Declaration of Independence and the Pledge of Allegiance, as well as a handwritten chorus of the famous Lee Greenwood song.

Trump posted a sales pitch for the patriotic Christian Bible on social media.

In his video on Tuesday, Trump said: “Religion and Christianity are the biggest things missing from this country and I truly believe that we need to bring them back and we have to bring them back fast. I think it’s one of the biggest problems we have. That’s why our country is going haywire. We’ve lost religion in our country. All Americans need a Bible in their home, and I have many.”

His new product will please his evangelical followers. Perhaps it will distract them from his conviction for sexual assault, his trial for paying hush money to a porn star, and his multiple indictments.

Trump holds many firsts: the first President to be impeached twice; the first President to be tried for criminal acts; the first President to monetize his celebrity.

We should not be surprised that Trump has monetized the. Bile, since he has a lifetime of branding stuff and selling it to marks like a carnival conman. Steaks, an airline, a university, wine, casinos, perfume, coins with his face on them, etc.

Trump has also dabbled in NFTs, or nonfungible tokens, and last year reported earning between $100,000 and $1 million from a series of digital trading cards that portrayed him in cartoon-like images, including as an astronaut, a cowboy and a superhero.

Jennifer Palmer of Oklahoma Watch lays out the details of Oklahoma’s biggest charter scandal. The owners of the for-profit online charter school Epic have been charged with embezzling millions of taxpayer dollars.

The size of the scandal alleged at the state’s largest online school befits the school’s name: epic. 

Investigators say two men at the helm of Epic Charter Schools defrauded taxpayers out of tens of millions of dollars over a decade. Details of the scheme, which the state auditor called the largest abuse of taxpayer dollars in Oklahoma history, will be unveiled in court this week. 

A hearing in the embezzlement case against David Chaney and Ben Harris begins Monday. Oklahoma County District Special Judge Jason Glidewell allotted five days for the preliminary hearing, which is like a mini-trial, with witnesses and evidence and cross-examination. The purpose is for the judge to determine whether there’s enough probable cause to proceed to trial.

Chaney and Harris are each charged with fifteen felonies, including embezzlement, money laundering, computer crimes and conspiracy to defraud the state. They have denied wrongdoing.

Epic’s former chief financial officer, Josh Brock, faces the same felony charges but waived his preliminary hearing. He is expected to be one of several witnesses this week and will likely take a plea deal…

Prosecutors’ review of Epic Youth Services’ bank accounts revealed the company collected more than $69.3 million in management fees between 2013 and 2021, court records show. Of that, the trio split $55 million: Harris received $25 million, Chaney received $23 million and Brock received more than $7 million.  

As the research has built up on the value of early childhood education, more states are directing money towards expanding access. Wherever money flows, the private equity industry turns its gaze and seeks to do what it does best: privatize and profit. In this age, private equity figures out how to maximize profit from services that used to be public.

The Atlantic has a story about private equity’s interest in childcare.

Last June, years of organizing in Vermont paid off when the state’s House and Senate passed landmark legislation—overriding a governor’s earlier veto—that invests $125 million a year into its child-care system. The bill expanded eligibility for state assistance to 575 percent of the federal poverty level, meaning that more than 7,000 new families are expected to receive money for child-care expenses. Funding will also become available to help day-care centers recruit and retain teachers and expand capacity; centers will also receive additional money for providing nonstandard hours of care.

But now advocates are worried that the wrong people stand to benefit from the program’s generosity. Any time there is a windfall of public money, with few strings attached, unintended consequences are nearly certain to follow. Thanks to the new law, more Vermont families will have more to spend on child care, and centers will receive additional money without explicit rules around how to spend it. Both of those facts will make child care an attractive target for private-equity groups looking for an industry with lots of incoming revenue.

Private equity’s interest in child care has been growing in recent years. “While there has been corporate for-profit child care since the 1970s, private equity only got in starting in the early 2000s,” Elliot Haspel, a senior fellow who studies early childhood education at the nonpartisan think tank Capita, told me. Now four of the top five for-profit child-care chains—KinderCare, Learning Care Group, the Goddard School, and Primrose Schools—are controlled by private-equity funds, and private-equity-backed centers represent 10 to 12 percent of the market.

Private investors are intrigued by child care for the same reasons they became interested in nursing homes and other health-care services: intense demand, government money, and relatively low start-up costs. “Their goal is not long-term sustainability; their goal is to try to turn a profit,” Haspel said.

Private equity’s foray into child care could go a number of ways, but its introduction has largely not worked out well for other sectors—and certainly not for many people who rely on those sectors’ services. In his book, Plunder: Private Equity’s Plan to Pillage America, Brendan Ballou, who investigated private-equity firms at the Department of Justice, posits that the private-equity business model has three basic problems. First, these firms buy a business with the intention of flipping it for a profit, not long-term sustainability, meaning that they are trying to maximize value in the short term and are less likely to invest in staff or facilities. Second, they tend to load businesses up with debt and extract a lot of fees, such as charging child-care providers for the privilege of being managed by the firm. And perhaps most important, their business structure insulates firms from liability.

In 2009, Annie Salley, a resident of a nursing-home chain purchased by the private-equity group Carlyle, died after an injury she sustained while going to the bathroom. Her family sued Carlyle, but a judge dismissed the case after the firm argued that it didn’t own the chain—instead, it said it advised a series of investment funds, such as Carlyle Partners V MC, L.P., that were the lone shareholders in the chain. Children get hurt in child care; children occasionally go missing from a care facility; every year, some children die in day cares. If private-equity firms can structure their relationship to day-care centers as they have nursing homes, families may have little recourse should they encounter a serious problem.

Though private-equity-backed child-care providers can—and often do—offer good services to families, their business model can also prove ruinous. In other sectors, private-equity groups have been notorious for extracting exorbitant fees from businesses they’ve acquired in leveraged buyouts; when they’ve had a chance to raise wages for workers or pay down their private-equity debts, they’ve regularly opted for the latter. Although Vermont’s bill sought to improve the wages of educators, it does not include a salary floor—which means that money that flows into centers may not necessarily go directly to staff—and without such a safeguard, what is stopping outside firms from taking the first, significant cut?

Miriam Calderón, the chief policy officer at Zero to Three, a nonprofit focused on babies, toddlers, and their families, hopes federal lawmakers consider these concerns as they begin to reimagine the federal footprint in child care. Calderón worked in the Biden administration during its first year and helped conceive the early-childhood-education components of the Build Back Better Act, which would have established a child-care entitlement program for a majority of families. Congress isn’t moving on the issue now, but Calderón and advocates told me it would be foolish to wait until Congress was working again to think about protections around public dollars. Private-equity-backed chains will likely continue to grow as a share of the market, and if they gain too much of it, they would have the power to fight back against policies that ensure that staff are fairly compensated and families aren’t paying even more exorbitant fees than they already are. “The work now is to really think through the right guardrails and the right policies so when we get to a moment, again, we’re ready,” Calderón said.

Open the link to finish the article. Or subscribe to The Atlantic.

If the biggest charter chain in Texas is under investigation for financial finagling, is it the right time to let that charter chain expand? Well, it’s Texas, so of course!

The Network for Public Education thinks that’s a rotten idea. It’s wrong. It’s unethical. so we issued this press release.

Texas Ed Department Approves Scandal-ridden Charter Chain’s Expansion

 For immediate release:

Within days of appointing conservators to manage the IDEA charter chain, the Texas Education Agency gives it the green light to expand. 

Contact: Carol Burris

cburris@networkforpubliceducation.org

(646) 678-4477

There is a major financial and ethical charter scandal in Texas, and the Network for Public Education is outraged. The same day that the Texas Education Agency (TEA) announced the appointment of a management team for IDEA charter schools following years of inappropriate spending, the charter chain submitted a request for a massive expansion that would add ten new charter campuses in Texas.

On March 6, the TEA announced it appointed two conservators to oversee IDEA charter schools following its investigation into multiple allegations of financial mishandling. Two days later, the TEA approved that expansion without public comment or meaningful notice.

Scandals involving IDEA include the following:

The charter chain obtained nearly $300,000,000 from the U.S. Department of Education to expand to 123 schools. Following an audit, the Department is now demanding that IDEA return $28 million to be paid using Texas taxpayer dollars.

NPE President Diane Ravitch has been following the charter chain’s scandals for years. “The IDEA charter chain has a long-established reputation for spending millions on luxury items for its leaders while paying executives private-sector salaries. The grifting at public expense must stop. When one Houston school received failing grades, TEA took over the entire district. In this case, TEA appointed a conservator from another charter chain and then approved IDEA’s expansion in a shady insider deal.”

According to Network for Public Education Executive Director Carol Burris, “The scandals involving this federal Charter School Program (CSP) recipient are breathtaking. As shocking as seems, it is possible this new expansion of the corrupt IDEA charter chain will be financed through CSP grant money. We all foot the bill.”

The Network for Public Education is a national advocacy group whose mission is to preserve, promote, improve, and strengthen public schools for current and future generations of students.

                                                                   ###

Network For Public Education

Mailing Address:

Network for Public Education
PO Box 227
New York City, NY 10156

Email:
info at networkforpubliceducation.org

Phone:
(646) 678-4477

Thom Hartmann has written a new book titled The Hidden History of Monopolies: How Big Business Destroyed the American Dream. He has decided to offer it for free, a chapter at a time, on his blog.

He writes:

Because the Founders set up America to be resistant to the coercive and corruptive influence of monopoly and vested interest, the monopolists didn’t have any direct means of taking over the American government. So, two processes were necessary.

First, they knew that they’d have to take over the government. A large part of that involved the explicit capture of the third branch of government, the federal judiciary (and particularly the Supreme Court), which meant taking and holding the presidency (because the president appoints judges) at all costs, even if it required breaking the law; colluding with foreign governments, monopolies, and oligarchs; and engaging in massive election fraud, all issues addressed in previous Hidden History books.

Second, they knew that if they were going to succeed for any longer than a short time, they’d need popular support. This required two steps: build a monopoly-friendly intellectual and media infrastructure, and then use it to persuade people to distrust the US government.

Lewis Powell’s 1971 memo kicked off the process.

Just a few months before he was nominated by President Richard Nixon to the US Supreme Court, Powell had written a memo to his good friend Eugene Sydnor Jr., the director of the US Chamber of Commerce at the time.32 Powell’s most indelible mark on the nation was not to be his 15-year tenure as a Supreme Court justice but instead that memo, which served as a declaration of war against both democracy and what he saw as an overgrown middle class. It would be a final war, a bellum omnium contra omnes, against everything FDR’s New Deal and LBJ’s Great Society had accomplished.

It wasn’t until September 1972, 10 months after the Senate confirmed Powell, that the public first found out about the Powell memo (the actual written document had the word “Confidential” at the top—a sign that Powell himself hoped it would never see daylight outside of the rarified circles of his rich friends). By then, however, it had already found its way to the desks of CEOs all across the nation and was, with millions in corporate and billionaire money, already being turned into real actions, policies, and institutions.

During its investigation into Powell as part of the nomination process, the FBI never found the memo, but investigative journalist Jack Anderson did, and he exposed it in a September 28, 1972, column in the Washington Post titled, “Powell’s Lesson to Business Aired.” Anderson wrote, “Shortly before his appointment to the Supreme Court, Justice Lewis F. Powell Jr. urged business leaders in a confidential memo to use the courts as a ‘social, economic, and political’ instrument.”33

Pointing out that the memo hadn’t been discovered until after Powell was confirmed by the Senate, Anderson wrote, “Senators . . . never got a chance to ask Powell whether he might use his position on the Supreme Court to put his ideas into practice and to influence the court in behalf of business interests.”34

This was an explosive charge being leveled at the nation’s rookie Supreme Court justice, a man entrusted with interpreting the nation’s laws with complete impartiality. But Anderson was a true investigative journalist and no stranger to taking on American authority or to the consequences of his journalism. He’d exposed scandals from the Truman, Eisenhower, Johnson, Nixon, and Reagan administrations. In his report on the memo, Anderson wrote, “[Powell] recommended a militant political action program, ranging from the courts to the campuses.”35

Powell’s memo was both a direct response to Franklin Roosevelt’s battle cry decades earlier and a response to the tumult of the 1960s. He wrote, “No thoughtful person can question that the American economic system is under broad attack.”36

When Sydnor and the Chamber received the Powell memo, corporations were growing tired of their second-class status in America. The previous 40 years had been a time of great growth and strength for the American economy and America’s middle-class workers—and a time of sure and steady increases of profits for corporations—but CEOs wanted more.

If only they could find a way to wiggle back into the minds of the people (who were just beginning to forget the monopolists’ previous exploits of the 1920s), then they could get their tax cuts back; they could trash the “burdensome” regulations that were keeping the air we breathe, the water we drink, and the food we eat safe; and the banksters among them could inflate another massive economic bubble to make themselves all mind-bogglingly rich. It could, if done right, be a return to the Roaring Twenties.

But how could they do this? How could they persuade Americans to take another shot at what was widely considered a dangerous “free market” ideology and economic framework that had crashed the economy in 1929?

Lewis Powell had an answer, and he reached out to the Chamber of Commerce—the hub of corporate power in America—with a strategy. As Powell wrote, “Strength lies in organization, in careful long-range planning and implementation, in consistency of action over an indefinite period of years, in the scale of financing available only through joint effort, and in the political power available only through united action and national organizations.” Thus, Powell said, “the role of the National Chamber of Commerce is therefore vital.”37

In the nearly 6,000-word memo, Powell called on corporate leaders to launch an economic and ideological assault on college and high school campuses, the media, the courts, and Capitol Hill. The objective was simple: the revival of the royalist-controlled “free market” system. As Powell put it, “[T]he ultimate issue . . . [is the] survival of what we call the free enterprise system, and all that this means for the strength and prosperity of America and the freedom of our people.”

The first front that Powell encouraged the Chamber to focus on was the education system. “[A] priority task of business—and organizations such as the Chamber—is to address the campus origin of this hostility [to big business],” Powell wrote.38

What worried Powell was the new generation of young Americans growing up to resent corporate culture. He believed colleges were filled with “Marxist professors” and that the pro-business agenda of Harding, Coolidge, and Hoover had fallen into disrepute since the Great Depression. He knew that winning this war of economic ideology in America required spoon-feeding the next generation of leaders the doctrines of a free-market theology, from high school all the way through graduate and business school.

At the time, college campuses were rallying points for the progressive activism sweeping the nation as young people demonstrated against poverty, the Vietnam War, and in support of civil rights. Powell proposed a list of ways the Chamber could retake the higher-education system. First, create an army of corporate-friendly think tanks that could influence education. “The Chamber should consider establishing a staff of highly qualified scholars in the social sciences who do believe in the system,” he wrote.39

Then, go after the textbooks. “The staff of scholars,” Powell wrote, “should evaluate social science textbooks, especially in economics, political science and sociology. . . . This would include assurance of fair and factual treatment of our system of government and our enterprise system, its accomplishments, its basic relationship to individual rights and freedoms, and comparisons with the systems of socialism, fascism and communism.”

Powell argued that the civil rights movement and the labor movement were already in the process of rewriting textbooks. “We have seen the civil rights movement insist on re-writing many of the textbooks in our universities and schools. The labor unions likewise insist that textbooks be fair to the viewpoints of organized labor.”41 Powell was concerned that the Chamber of Commerce was not doing enough to stop this growing progressive influence and replace it with a pro-plutocratic perspective.

“Perhaps the most fundamental problem is the imbalance of many faculties,” Powell pointed out. “Correcting this is indeed a long-range and difficult project. Yet, it should be undertaken as a part of an overall program. This would mean the urging of the need for faculty balance upon university administrators and boards of trustees.” As in, the Chamber needed to infiltrate university boards in charge of hiring faculty to make sure that only corporate-friendly professors were hired.

Powell’s recommendations targeted high schools as well. “While the first priority should be at the college level, the trends mentioned above are increasingly evidenced in the high schools. Action programs, tailored to the high schools and similar to those mentioned, should be considered,” he urged.

Next, Powell turned to the media, instructing that “[r]eaching the campus and the secondary schools is vital for the long-term. Reaching the public generally may be more important for the shorter term.” Powell added, “It will . . . be essential to have staff personnel who are thoroughly familiar with the media, and how most effectively to communicate with the public.” He advocated that the same system “applies not merely to so-called educational programs . . . but to the daily ‘news analysis’ which so often includes the most insidious type of criticism of the enterprise system.”

Following Powell’s lead, in 1987 Reagan suspended the Fairness Doctrine (which required radio and TV stations to “program in the public interest,” a phrase that was interpreted by the FCC to mean hourly genuine news on radio and quality prime-time news on TV, plus a chance for “opposing points of view” rebuttals when station owners offered on-air editorials), and then in 1996 President Bill Clinton signed the Telecommunications Act of 1996, which eliminated most media-monopoly ownership rules. That same year, billionaire Rupert Murdoch started Fox News, an enterprise that would lose hundreds of millions in its first few years but would grow into a powerhouse on behalf of the monopolists.

From Reagan’s inauguration speech in 1981 to this day, the single and consistent message heard, read, and seen on conservative media, from magazines to talk radio to Fox, is that government is the cause of our problems, not the solution. “Big government” is consistently—more consistently than any other meme or theme—said to be the very worst thing that could happen to America or its people, and after a few decades, many Americans came to believe it. Reagan scare-mongered from a presidential podium in 1986 that “the nine most terrifying words in the English language are: I’m from the government and I’m here to help.”

Once the bond between people and their government was broken, the next steps were straightforward: Reconfigure the economy to work largely for the corporate and rich, reconfigure the criminal justice system to give white-collar criminals a break while hyper-punishing working-class people of all backgrounds, and reconfigure the electoral systems to ensure that conservatives get reelected.

Then use all of that to push deregulation so that they can quickly consolidate into monopolies or oligopolies.

If you are old enough to remember a different America, an America of neighborhood shops, of local bakeries, butchers, drugstores (with a soda fountain), shoe stores, bookstores, and dress shops, you may have wondered why most of them have been replaced by national chain stores and anonymous strip malls. Now we see even neighborhood public schools replaced by national charter chains, some even operated by for-profit corporations. Thom Hartmann explains the roots of this change in his new book The Hidden History of Monopolies: How Big Business Destroyed the American Dream. He is releasing the book a chapter at a time on his blog, which should whet our appetite to buy and read the book. This chapter describes the legal ploy that resulted in crushing local enterprise and creating billionaires.

He writes:

Robert Bork was Richard Nixon’s solicitor general and acting attorney general and had a substantial impact on the thinking in the Reagan White House—so much so that Reagan rewarded his years of hard work on behalf of America’s monopolists with a lifetime appointment to the federal bench in the DC Circuit, frequently a launching pad for the Supreme Court.

In the years following Lewis Powell’s 1971 memo, as numerous “conservative” and “free market” think tanks and publications grew in power and funding, Bork’s ideas gained wide circulation in circles of governance, business, and the law.

In 1977, in the case of Continental T.V., Inc. v. GTE Sylvania, the Supreme Court took up Bork’s idea and, for the first time in a big way, embraced the “welfare of the consumer” and “demonstrable economic effect” doctrines that Bork had been promoting for over a decade.

Neither of those phrases exists in any antitrust law, at least in Bork’s context. Nonetheless, the Supreme Court embraced Bork’s notion that the sole metric by which to judge monopolistic behavior should be prices that consumers pay, rather than the ability of businesses to compete or the political power that a corporation may amass.

When Ronald Reagan entered the White House in 1981, bringing with him Bork’s free market philosophy and a crew from the Chicago School, he ordered the Federal Trade Commission to effectively stop enforcing antitrust laws even within the feeble guidelines that the Supreme Court had written into law in GTE Sylvania.

The result was an explosion of mergers-and-acquisitions activity that continues to this day, as industry after industry concentrated down to two, three, four, or five major players who function as cartels. (A brilliant blow-by-blow cataloging of that decade is found in Barry C. Lynn’s book Cornered: The New Monopoly Capitalism and the Economics of Destruction.)

Bork’s reasoning—that antitrust law should defend only the consumer (through low prices), and not workers, society, democracy, or local communities—has become such conventional wisdom that in the 2014 Supreme Court case of FTC v. Actavis, Chief Justice John Roberts wrote a virtual word-for-word parroting of Bork: “The point of antitrust law is to encourage competitive markets to promote consumer welfare.”

Barak Orbach, professor of law at the University of Arizona, is one of a small number of scholars today who are genuine experts in the field of antitrust law. In a 2014 paper published by the American Bar Association, he wondered if Bork knew he was lying when he wrote that the authors of the Sherman Antitrust Act intended to reduce prices to advance “consumer welfare,” instead of protecting the competitiveness of small and local businesses, and the independence of government at all levels.

His conclusion, in “Was the ‘Crisis in Antitrust’ a Trojan Horse?” was that Bork was probably just blinded by ideology and had never bothered to go back and read the Congressional Record, which, he noted, says nothing of the kind.74

While Bork wrote that “the policy the courts were intended [by the Sherman Antitrust Act] to apply is the maximization of wealth or consumer want satisfaction,” Orbach said, “Members of Congress . . . were determined to take action against the trusts to stop wealth transfers from the public.” So much for that: today the Walton (Walmart) family is the richest in America and one of the richest in the world. They’re worth more than $100 billion, having squirreled away more wealth than the bottom 40% of all Americans. And they spend prodigiously on right-wing political causes, from the national to the local.

Amazon’s Jeff Bezos is now wealthier than any Walton; with a registered net worth of $112 billion, he is the richest single person in the world. Bezos is so rich that when he divorced his wife, MacKenzie Bezos, she received 19.7 million shares of Amazon worth $36.8 billion. She instantly became the world’s third-richest woman, and Jeff Bezos remained the world’s wealthiest man.75 While local newspapers are shutting down or being gobbled up all over the country, Bezos personally purchased the 140-year-old Washington Post in 2013 for $250 million. Now Bezos, like the Walton family, can use his sub- stantial wealth to obtain political ends that protect his wealth and allow Amazon to continue to grow.

The leadership of the Ohio legislature decided, without consulting the voters, to shift significant funding from public schools, which the overwhelming majority of students attend, to private schools, which are wholly unaccountable to the state.

It is an enduring puzzle as to why Republican-led legislatures in states like Ohio, Arizona, and Ohio demand strict accountability from public schools but no accountability from private schools that receive public money.

William Phillis, formerly a Deputy Commissioner of the Ohio Department of Education, puts a price tag on state subsidy of private schools: $1 billion.

One billion tax dollars per year will be going to private schools with no public audit.

In addition to non-public administrative cost reimbursement, auxiliary services, and student transportation services, the state will be providing a billion dollars per year for private school vouchers. There is no provision in Ohio law to audit private schools. Is this the way state government should treat taxpayers? Voucher expenditures will escalate year after year and the state is giving private schools an open checkbook without any financial accountability.

It gets worse. Some state officials are planning to authorize the use of tax funds for private school facilities with no public oversight. What are state officials thinking?

Ohio taxpayers need to wake up to chicanery concocted by state officials in Ohio.

Like us on Facebook: https://www.facebook.com/OhioEandA

vouchershurtohio.com

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

In at least 20 states, the College Board collects and sells student data, despite state law forbidding it.

New York was one of those states, but activist parents led a years-long campaign to block the practice.

Recently, State Attorney General Letitia James won a judgment against the College Board for $750,000, and it agreed to stop monetizing student data in New York.

What happens in your state? Does your state protect the privacy of student data? Does it enforce the law?

Read Leonie Haimson’s account of how parents in New York pushed back and finally won. She includes a list of other states that protect student privacy.

She writes:

For decades, the College Board has been selling student names, addresses, test scores, and whatever other personal information that students have provided them,  when they sign up for a College Board account and the Student Search program. According to the AG press release, in 2019 alone, the College Board improperly shared the information of more than 237,000 New York students.  Since New York’s student privacy law, Education §2-d, calls for a fine of up to $10 per student, the penalty for selling student data during that one year alone could have equaled more than $2 million.

And yet for years, on their website and elsewhere, the College Board has also  falsely claimed they weren’t selling student data.  Instead they called  it “licensing” data, a distinction without a difference.  For years, they also claimed that they never sold student scores, though that was false as well, as they do sell student scores within a range.

The College Board urges millions of students to sign up for their Student Search program, with all sorts of unfounded and deceptive claims, including that it will help them get into better schools or receive scholarships.  The reality is that their personal data is sold to over 1,000 colleges, programs and other companies – the names of which they refuse to disclose — who use it for marketing purposes and may even resell it to even less reputable businesses.

Is your state one of them? Is the law enforced?

Donald Trump continued his March to the Republican Presidential nomination and found time to attend “SneakerCON” in Philadelphia. There he hawked his new line of sneakers, proudly showing off the top of the line: Golden Trump sneakers priced at $399. The 1,000 pairs on hand quickly sold out. A business triumph for Trump, who is in hock for nearly half a billion $$$ in New York.

Have we ever seen a former President monetizing his campaign?

And at last, Trump mentioned Navalny’s death, but he didn’t mention Putin. Instead, he compared himself to Navalny. Chutzpah!

He wrote on his Truth Social site:

“The sudden death of Alexei Navalny has made me more and more aware of what is happening in our Country,” Trump posted to Truth Social on Monday. “It is a slow, steady progression, with CROOKED, Radical Left Politicians, Prosecutors, and Judges leading us down a path to destruction. Open Borders, Rigged Elections, and Grossly Unfair Courtroom Decisions are DESTROYING AMERICA. WE ARE A NATION IN DECLINE, A FAILING NATION! MAGA2024.”

Words fail me when I read that Trump can’t bring himself to condemn Putin, and even more astonishing that he sees himself as analogous to Navalny.

For years, parent advocates for student privacy have been pushing the state to stop the College Board from selling student data to colleges. See Reuters story here. The state Attorney General Letitia James and Board of Regents Chair Betty Rosa sued the College Board and won.

FOR IMMEDIATE RELEASE    
February 13, 2024

Attorney General’s Press Office/212-416-8060nyag.pressoffice@ag.ny.gov

Attorney General James and NYSED Commissioner Rosa
Secure $750,000 from College Board for Violating Students’ Privacy

NEW YORK – New York Attorney General Letitia James and New York State Education Department (NYSED) Commissioner Betty A. Rosa announced a $750,000 settlement with College Board for violating students’ privacy and unlawfully selling their personal data. For years, College Board collected students’ personal information when they took the PSAT, SAT, and AP exams in school, and then licensed this data to colleges, scholarship programs, and other customers who used it to solicit students to participate in their programs. In 2019 alone, College Board improperly licensed the information of more than 237,000 New York students who took their exams. In addition, College Board improperly sent promotional materials to students who signed up for College Board accounts in connection with exams or AP courses. As a result of today’s agreement, College Board must pay $750,000 in penalties and will be prohibited from monetizing New York students’ data that it acquires through its contracts with New York schools and school districts.

“Students have more than enough to be stressed about when they take college entrance exams, and shouldn’t have to worry about their personal information being bought and sold,” said Attorney General James. “New York law requires organizations like College Board to protect the data they collect from students when they take their exams in school, not sell it to customers for a profit. I want to thank Commissioner Rosa for her work on this investigation to ensure we hold College Board accountable and protect New York students’ privacy.”  

“When the organizations we trust to provide meaningful services to our students exploit student information for profit, it violates privacy laws as well as the public trust,” said Commissioner Betty A. Rosa. “We will continue to ensure that every student’s information is appropriately utilized and protected. We are grateful to the Attorney General for her collaboration in protecting the interests of the students and families of New York.”

College Board is a New York-based non-profit institution that develops and administers standardized tests, primarily to high school students who take them as part of the college admissions process. It also develops other college readiness programs, such as AP courses, and has a contract with NYSED to subsidize AP exam fees for low-income students. In addition, College Board operates the Student Search Service (Search), in which it licenses data it collects from students — including their names, contact information, ethnicity, GPAs, and test scores — to customers like colleges and scholarship programs to use for recruiting students. 

Beginning in 2010, College Board contracted with New York schools and school districts to allow schools to offer the PSAT and SAT exams during the school day and to pay for the students’ exam fees. In the past five years, approximately 20 New York schools or school districts, including the New York City Department of Education, which operates more than 500 high schools, have entered into such contracts. Schools across New York have also consistently signed agreements with College Board to offer AP courses and exams.

An investigation led by the Office of the Attorney General (OAG) revealed that prior to June 2022, College Board solicited students to provide information, such as their GPA, anticipated course of study, interest in a religiously affiliated college and religious activities, and parents’ level of income, during the administration of PSAT, SAT, and AP exams, as well as when students signed up for a College Board online account. Although providing this data for participation in Search was optional, students were solicited to participate in the urgent context of an important exam and were encouraged to sign up because it would connect them with scholarship and college opportunities. From 2018-2022, College Board licensed New York student data to over 1,000 institutions through Search and received significant revenue from data related to New York students who took PSAT, SAT, or AP exams during the school day.    

The investigation further found that College Board improperly used student data for its own marketing. Until fall 2022, College Board used student data collected in connection with PSAT and SAT exams administered during the school day to send marketing communications. In addition, until 2023, when New York students registered for the AP program, they were solicited to opt in to receiving College Board marketing materials. 

Under New York law, it is illegal to use student data obtained under a contract with a New York educational agency for commercial or marketing purposes. The investigation found College Board improperly used student data obtained in connection with PSAT and SAT exams administered during the school day and the AP program by licensing student data to Search clients and using student data to send its own marketing materials.  

Under the settlement announced today, College Board must pay $750,000 in penalties, disgorgement, and costs to the state. College Board is also prohibited from using New York student data it collects or receives in connection with a contract with a New York educational agency for any marketing or commercial purposes. This includes data obtained from administering PSAT, SAT, or AP exams during the school day. In addition, College Board cannot solicit students to participate in Search or similar programs during these exams.

This matter was handled for OAG by Assistant Attorneys General Laura Mumm, Jina John, and Hanna Baek of the Bureau of Internet and Technology, under the supervision of Bureau Chief Kim Berger and Deputy Bureau Chief Clark Russell, with special assistance from former Special Advisor and Senior Counsel for Economic Justice Zephyr Teachout. The Bureau of Internet and Technology is part of the Division for Economic Justice, which is overseen by Chief Deputy Attorney General Chris D’Angelo and First Deputy Attorney General Jennifer Levy.

This matter was handled for NYSED by Chief Privacy Officer Louise De Candia and Counsel & Deputy Commissioner for Legal Affairs Daniel Morton-Bentley.