Archives for category: Hoax

Fiorina Rodov wanted to teach, and, as she writes, she believed the glowing claims about charter schools as beacons of hope for the neediest students. She saw “Waiting for ‘Superman'” and cheered for the kids who wanted to get into a charter. She believed the movie’s hype about the magic of charters. So she got in 2016 a job teaching in a charter school in Los Angeles.

There she learned the truth about charter schools, or at least the one where she was teaching.

The school was non-union. Teacher turnover was high every year. Student attrition was high.

But the chasm between the hype and reality became evident to me immediately upon starting work. There were high attrition rates of students and teachers. Over the summer, more than half the faculty resigned and were replaced by new teachers. About three-quarters of the students hadn’t returned either, and though new kids had registered, the enrollment wasn’t anywhere near what was needed in order to be fiscally stable, because funding was tied to enrollment. There were legal violations: The special education teacher had 43 students, though the law capped class sizes at 28. The overage made him fall behind on students’ individualized education plans (IEPs), making the school noncompliant on special education requirements.

Rodov also learned about the big-money forces promoting the charter myth. She was in L.A. for the election campaign between charter skeptic Steve Zimmer (chair of the LAUSD school board and former TFA) and charter zealot Nick Melvoin. The charter leaders across the city strongly supported Melvoin, of course.

I learned that billionaires fund local school board elections across America in order to accelerate charter school growth. In District 4 in Los Angeles, Steve Zimmer was financed by teachers’ unions while Nick Melvoin was reportedly bankrolled by California billionaires Eli Broad, Netflix co-founder Reed Hastings, and Gap clothing company co-founder Doris Fisher, as well as out-of-towners like former New York City Mayor Mike Bloomberg, Walmart heirs and siblings Jim and Alice Walton, and others in an expensive race...

Furthermore, CCSA [California Charter Schools Association] Advocates donated to an organization called Speak UP, which was a “strong opponent” of Zimmer, according to the Los Angeles Times, and whose co-founder and CEO Katie Braude resides in the Pacific Palisades, where the median home price is about $3.4 million. Braude helped launch the Palisades Charter School Complex, which sought to serve “all students in an ethnically and economically diverse student body,” according to her bio on the Speak UP website. But at Palisades Charter High School, “[w]hite students are 2.8 times as likely to be enrolled in at least one AP class as Black students,” while “Black students are 7 times as likely to be suspended as [w]hite students,” according to ProPublica. In 2016 and 2017, Black students were victims of hate crimes at Palisades Charter High School, and in 2020, a Black teacher sued the school for racial discrimination, wrongful termination, harassment and “intentional infliction of emotional distress.” According to the Pacific Palisades Patch, Pamela Magee, the school’s executive director and principal, responded to the teacher’s allegations via email, “PCHS is an equal opportunity employer, and we take allegations of discrimination seriously…”

Melvoin’s list of individual donations, according to the Los Angeles City Ethics Commission, is filled with some of the same moguls who donated to CCSA Advocates, such as Eli Broad and Reed Hastings. It also includes then-co-chairman of Walt Disney Studios Alan F. Horn, president of the Emerson Collective Laurene Powell Jobs, and Martha L. Karsh and her husband Bruce Karsh, who at the time of the election was the chair of the Tribune Media Company, which then owned the Los Angeles Times. (Bruce Karsh stepped down from the Tribune in October 2017, five months after the school board election.)

The billionaires who fund school board races across the country also finance education reporting. The Eli and Edythe Broad Foundation, which was partly behind a $490 million plan reported in 2015 to enroll half of LAUSD’s students in charters by 2023, funded the Los Angeles Times’ reporting initiative Education Matters with the Baxter Family Foundation and the Wasserman Foundation, which also support charters. The Bill and Melinda Gates Foundation and Amazon (whose founder and former CEO—now executive chairman—Jeff Bezos also owns the Washington Post) fund the Seattle Times’ Education Lab. The Bezos Family Foundation, the Gates Foundation, Bloomberg Philanthropies and the Chan Zuckerberg Initiative, founded by Facebook’s Mark Zuckerberg and his wife Priscilla Chan, fund Chalkbeat. The Chan Zuckerberg Initiative, the Gates Foundation and the Walton Family Foundation fund Education Week and The 74, which owns the LA School Report. The Gates Foundation finances the Solutions Journalism Network (SJN), whose “Fixes” column in the New York Times covers education and other issues. And Powell Jobs’ Emerson Collective owns the Atlantic, which has a robust education section.

The infusion of billionaire cash and media ownership helps to explain why the mainstream media seldom reports on the failures of charter schools or expose their lies and propaganda.

Rodov goes on to explain that her school was finally closed, but no one in the mainstream media in Los Angeles bothered to interview teachers about “the climate of terror at the school.”

She ends with the hope that Biden’s election will mean an end to favoritism towards charter schools and a beginning of focus on public schools, which are a vital democratic institution.

Those of us who are sick of charter school lies and propaganda share her hope. We will know in time whether Biden will keep his promise to cut off federal funding of for-profit charters, whether he will eliminate the $440 million federal Charter Schools Program (which Betsy DeVos used as her private slush fund), and whether he will make the strengthening of public schools his top education priority. Six percent of America’s students attend charter schools, and they are the darling of billionaires like Bill Gates, Reed Hastings, Laurene Powell Jobs, Charles Koch, Michael Bloomberg, and many more (I wrote a chapter in my recent book Slaying Goliath naming the billionaires and corporations that pour money into charter schools). Let the billionaires pay for them.

 

Gary Rubinstein revisits the past decade of failed reforms and notes how frequently the “reformers” made promises and then failed to keep them. Michelle Rhee came on the national scene, appearing on the cover of TIME, then disappeared after helping to sink the mayor of D.C. who hired her. Michael Bloomberg and Joel Klein claimed that under their leadership, there was a “miracle” in New York City, but the miracle disappeared when they and their public relations team left office. Jeb Bush touted a Florida “miracle,” but Florida remains mired in the depths of mediocrity when assessed by NAEP. Laurene Powell Jobs promised to “reinvent” the high school and handed out $100 millions to the schools she chose; many failed soon after. We await the “miracle.” Even Betsy DeVos claimed to be “rethinking” school, wondering why we needed public schools at all; now she is busy spreading millions to charter and voucher advocates in the red states.

Gary concluded his review of all the rethinking, reinventing, and rebranding by taking a close look at a school hyped by TFA. He looked at the numbers, and lo and behold, no miracle there.

In this “model” school, the kids are faring poorly:

OK, “So what,” you say, “only 1.1% of their 10th graders passed the science test and 2.7% of their 10th graders passed the math test. What matters is ‘growth.” Well in that department they didn’t fare so well either.

He concludes:

Usually it’s a lot harder than this. They often pick a school that has artificially inflated test scores due to attrition. Keep in mind, this is the school Villanueva Beard chose to highlight. One of the lowest performing schools in test scores and growth in the state of Indiana.

Whether they are ‘rethinkers,’ ‘reinventers,’ or ‘reimaginers’, a reformer by any other name still doesn’t know anything about schools.

The burning question is: When will the billionaires who fund “reform” and “reinvention” decide to stop funding failure?

Richard P. Phelps recounts his experiences as the director of assessment for Michelle Rhee, chancellor of the District of Columbia Public Schools. Phelps was expected to expand the notorious IMPACT testing program, meant to evaluate teachers. Phelps visited hundreds of administrators and teachers and asked their advice about how to make the program better. They gave him good ideas, and he passed them on to top staff as recommendations. The professionals’ advice was rejected by two top reformers.

Phelps’ article was posted on the blog of D.C. activist Valerie Jablow. She acknowledged its origin in this editor’s note:

[Ed. Note: In part 1 of this series, semi-retired educator Richard P. Phelps provided a first-hand account of what went down in DCPS as ed reformers in the early days of mayoral control pushed standardized tests; teacher evaluations based on those tests; and harsh school penalties. This second part looks at the cheating scandals that arose in the wake of such abusive practices. Such accounts are all the more important now that the DC auditor has just released a bombshell report of poor stewardship of DC’s education data. Both articles appeared in Nonpartisan Education Review in September 2020 and are reprinted here with permission. For this part, the author gratefully acknowledges the fact-checking assistance of retired DCPS teacher Erich Martel and DC school budget expert Mary Levy.]

Phelps came to realize that the “reformers” really didn’t care about improving education or helping children. They were padding their resumes, building their career prospects in the lavishly funded reform world.

Phelps writes:

Alas, much of the activity labelled “reform” was just for show, and for padding resumes. Numerous central office managers would later work for the Bill and Melinda Gates Foundation. Numerous others would work for entities supported by the Gates or aligned foundations, or in jurisdictions such as Louisiana, where ed reformers held political power. Most would be well paid.

Their genuine accomplishments, or lack thereof, while at DCPS seemed to matter little. What mattered was the appearance of accomplishment and, above all, loyalty to the group. That loyalty required going along to get along: complicity in maintaining the façade of success while withholding any public criticism of or disagreement with other in-group members.

Unfortunately, in the United States what is commonly showcased as education reform is neither a civic enterprise nor a popular movement. Neither parents, the public, nor school-level educators have any direct influence. Rather, at the national level, U.S. education reform is an elite, private club—a small group of tightly connected politicos and academics—a mutual admiration society dedicated to the career advancement, political influence, and financial benefit of its members, supported by a gaggle of wealthy foundations (e.g., Gates, Walton, Broad, Wallace, Hewlett, Smith-Richardson).

Despite their failures, the elites who led DCPS moved on to remunerative positions. The game goes on. And it’s not “for the children.”

Pay attention to whatever Yong Zhao writes. He is among the very top tier of educational thinkers in the world. I always learn when I read his work.

This post warns parents, teachers, and policy makers to beware the “learning loss” rhetoric. It is a trap, he says.

He writes:


A dangerous trap exists for educators and education policy makers: the learning loss. This trap comes with a large amount of data and with sophisticated projection methods. It presents a stunningly grim picture for education and it invites educators and policy makers to make wrong decisions and invest in wrong things. The article identifies a number of undesirable outcomes that their concerns could lead to. It also suggests several productive actions when the pandemic is controlled and schools reopen.

The trap is the so-called learning losses during the Covid-19 pandemic. A number of organizations and individuals have put out various estimates about what students have lost due to school closures and remote learning during the pandemic. For example, the global consulting firm McKinsey produced two reports about these learning losses. As late as December 8, 2020, McKinsey said, “Students, on average, started school about three months behind where we would expect them to be in mathematics” and “Students of color were about three to five months behind in learning; white students were about one to three months behind” (Dorn et al. 2020). The Center for Research on Educational Outcomes (CREDO 2020) at Stanford University issued a press release stating that “the average estimates of how much students lost in the Spring of 2020 ranged from 57 to 183 days of learning in Reading and from 136 to 232 days of learning in Math” (para. 2). Other organizations, such as the assessment company NWEA (Kuhfeld and Tarasawa 2020) and the Annenberg Institute at Brown University (Santibanez and Guarino 2020), have also published reports about learning losses. The Organization for Economic Cooperation and Development (OECD) published a projection for the economic losses due to learning losses as $14 trillion over the next 80 years (Hanushek and Woessmann 2020).

These estimates have caught the attention of policy makers and educators. Governments, school leaders, and teachers are all concerned about the learning loss students may experience due to the Covid-19 pandemic. After all, schools have been seriously disrupted, as have students and their families. The pandemic has, in more ways than one, significantly affected learning and school operations. It seems only natural to want to know the extent of the learning loss students have experienced and then take actions to hopefully make up for the losses.

Possible mistakes

This is wherein the trap lies. There is nothing wrong with making estimates about learning losses, but the possible actions these projections can induce are worrisome because they can, at best, waste resources and, at worst, lead post-pandemic education in the wrong direction. The concerns of educators and policy makers are to be expected, but these policy makers could end up investing in unproductive educational efforts. Below are a number of undesirable outcomes that their concerns could lead to.

Governments may decide to launch standardized assessments to track students’ learning losses. It is possible that educational policy makers may be so interested in learning the extent of loss experienced by students that they will use standardized testing to assess all students. The desire to know the overall extent of loss and what achievement gaps may exist between different groups of students is completely understandable, but standardized testing can be the worst way to collect such data for two major reasons.

First, any standardized testing given to all students will have a typically limited scope, with a focus on math and reading. In other words, what will be measured is not the entirety of students’ learning but a small piece of their overall education. Even assuming that the assessments are highly accurate (which they are not), they would miss other equally and perhaps more important aspects of learning, such as confidence, self-determination, creativity, entrepreneurial thinking, and other subjects.

Education has many desirable outcomes (Zhao 20172018b). These outcomes can be short term or long term, cognitive and non-cognitive, and instructional and educational. Short-term, cognitive, and instructional outcomes do not necessarily translate directly into long-term, non-cognitive, and educational outcomes. For example, test scores have often been found to have a negative correlation with students’ confidence and well-being (Loveless 2006; OECD 2019; Zhao 2018b). Test scores have also been found to have a negative correlation with economic development and entrepreneurial confidence and activities across (Baker 2007; Tienken 2008; Zhao 2012). Test scores do not predict the future of an individual’s success very well, and non-cognitive skills may play a bigger role than cognitive skills play (Brunello and Schlotter 2010; Levin 2012). Some assessments show successes that are only productive in the short term, while failures may actually be more productive in the long term (Dean and Kuhn 2007; Kapur 20142016).

That’s the beginning. Read it all.


Les Perelman, former professor of writing at MIT and inventor of the BABEL generator, has repeatedly exposed the quackery in computer-scoring of essays. If you want to learn how to generate an essay that will win a high score but make no sense, google the “BABEL Generator,” which was developed by Perelman and his students at MIT to fool the robocomputer graders. He explains here, in an original piece published nowhere else, why the American public needs an FDA for assessments, to judge their quality.

He writes:

An FDA for Educational Assessment, particularly for Computer Assessments

As a new and much saner administration takes over the US Department of Education led by Secretary of Education, Miguel Cardona, it is a good time, especially regarding assessment, to ask Juvenal’s famous question of “Who watches the Watchman.” 

Several years ago, I realized computer applications designed to assess student writing did not understand the essays they evaluated but simply counted proxies such as the length of an essays, the number of sentences in each paragraph, and the frequency of infrequently used words.  In 2014, I and three undergraduate researchers from Harvard and MIT, developed the Basic Automatic B.S. Essay Language Generator, or BABEL Generator that could in seconds generate 500-1000 words of complete gibberish that received top scores from Robo-grading applications such e-rater developed by the Educational Testing Service (ETS).   I was able to develop the BABEL generator because I was already retired and, aside from some consulting assignments, had free time for research unencumbered by teaching or service obligations.  Even more important, I had access to three undergraduate researchers, two from MIT and one from Harvard, who provided substantial technical expertise.  Much of their potential expertise, however, was unnecessary since after only a few weeks of development our first iteration of the BABEL Generator was able to produce gibberish such as

Society will always authenticate curriculum; some for assassinations and others to a concession. The insinuation at pupil lies in the area of theory of knowledge and the field of semantics. Despite the fact that utterances will tantalize many of the reports, student is both inquisitive and tranquil. Portent, usually with admiration, will be consistent but not perilous to student. Because of embarking, the domain that solicits thermostats of educatee can be more considerately countenanced. Additionally, programme by a denouncement has not, and in all likelihood never will be haphazard in the extent to which we incense amicably interpretable expositions. In my philosophy class, some of the dicta on our personal oration for the advance we augment allure fetish by adherents.

 that received high scores from the five Robo-graders we were able to access.

I and the BABEL Generator were enlisted by the Australian Teachers Unions to help the successful opposition to having the national K-12 writing tests scored by a computer.    The Educational Testing Service’s response to Australia’s rejection was to have three of its researchers  publish a study, “Developing an e-rater Advisory to Detect Babel-generated Essays,” that described their generating over 500,000 BABEL essays based on prompts from what are clearly the two essays in the Graduate Record Examination (GRE), the essay portion of the PRAXIS teacher certification test, and the two essay sections of the Test of English as a Foreign Language (TOEFL) and comparing the BABEL essays to 384,656 actual essays from those tests.  The result of this effort was the development of an “advisory” from e-rater that would flag BABEL generated gibberish.  

Unfortunately, this advisory was a solution in search of a problem.  The purpose of the BABEL Generator was to display through an extreme example that Robo-graders such as e-rater could be fooled into giving high scores to undeserving essays simply by including the various proxies that constituted e-rater’s score.  Candidates could not actually use the BABEL Generator while taking one of these tests; but they could use the same strategies that informed the BABEL Generator such as including long and rarely used words regardless of their meaning and inserting long vacuous sentences into every paragraph.

Moreover, the BABEL Generator is so primitive that there are much easier ways of detecting BABEL essays.  We did not expect our first attempt to fool all the Robo-graders we could access to succeed, but because it did, we stopped. We had proved our point.   One of the student researchers was taking Physics at Harvard and hard coded into BABEL responses inclusion of some of the terminology of sub-atomic particles such as neutrino, orbital, plasma, and neuron.  E-rater and the other Robo-graders did not seem to notice.  A simple program scanning for these terms could have saved the trouble of generating a half-million essays.

ETS is not satisfied in just automating the grading of the writing portion of its various tests.  ETS researchers have developed SpeechRater, a Robo-grading application that would score the speaking sections of the TOEFL test.  There is a whole volume of scholarly research articles on SpeechRater published by the well-respected Routledge imprint of the Taylor and Francis Group.  However, the short biographies of the nineteen contributors to the volume list seventeen as current employees of ETS, one as a former employee, and only one with no explicit affiliation.

Testing organizations appear to no longer have a wide range of perspectives, or any perspective that runs counter to their very narrow psychometric outlook.  This danger has long been noted.  Carl D. Brigham, the eugenicist who then renounced the racial characterization of intelligence and the creator of the SAT who then became critical of that test, wrote shortly before his death that research in a testing organization should be governed and implemented not by educational psychologists but by specialists in academic disciplines since it is easier to teach them testing rather than trying to “teach testers culture.”  

The obvious home for such a research organization is the US Department of Education.  Just as the FDA vets the efficacy of drugs and medical devices, there should be an agency that verifies not only that assessments are measuring what they claim to be measuring but also the instrument is not biased towards or against specific ethnic or socio-economic groups.  There was an old analogy question on the SAT (which no longer has analogy items) that had “Runner is to marathon as: a) envoy is to embassy; b) martyr is to massacre; c) oarsman is to regatta; d) referee is to tournament; e) horse is to stable.   The correct answer is c: oarsman is to regatta.   Unfortunately, there are very few regattas in the Great Plains or inner cities.

Before he became a member of Congress, Jamaal Bowman was principal of a middle school in the Bronx. He knows what kids need: more support, not more testing. He is now vice chair of the House Education Committee. In New York, before entering Congress, he was an active member of the opt-out of testing movement. He is now spearheading an effort to roll back the Biden administration’s refusal to grant waivers to states from the mandated federal testing.

He wrote a letter to Secretary Miguel Cardona and gathered signatures from other members of Congress. What is remarkable is how few members signed his letter.

Bowman said that requiring testing this year would add stress to kids who are already traumatized and divert school administrators’ resources and attention away from reopening safely. 

“We absolutely should not be doing this now in the middle of a pandemic,” he said in an interview, adding that it would be “too much of a heavy lift” for states.

“We already know where the gaps are because we’ve been testing for 20 years,” Bowman said, adding that the federal government should engage with teachers and principals to determine where resources need to be targeted as a result of the pandemic.

The letter to Cardona, shared with POLITICO, was also signed by Reps. Ilhan Omar (D-Minn.), Tom Suozzi (D-N.Y.) and Mark Takano (D-Calif.) as well as Sens. Ed Markey (D-Mass.) and Kirsten Gillibrand (D-N.Y.)...

The new testing guidance was unveiled by the Education Department on Feb. 22, before Cardona was confirmed by the Senate. The guidance was signed by Ian Rosenblum, former executive director of The Education Trust-New York, who is the acting assistant Education secretary for elementary and secondary education. 

“Mr. Rosenblum, with all due respect, has never been a teacher or school administrator in his life, and it’s important that our parents and educators know that these decisions are being made by people who do not have the experience to make those decisions,” Bowman said. “That’s unacceptable in and of itself.”

The resumption of testing is supported by the chairs of the House and Senate education committees, Rep. Bobby Scott of Virginia and Senator Patty Murray of Washington State. They imagine that the standardized tests will somehow promote equity and measure “learning loss.” It will do neither.

“We must do everything in our power to make up for lost learning time and address achievement gaps that have been exacerbated by the pandemic — and that starts by understanding the scope of the problem,” Scott and Murray said in a joint statement last month.

They should listen to Jamaal Bowman, who knows what he is talking about.

And they should read this article, which explains why standardized testing does not close achievement gaps and does not promote equity and will not measure “learning loss.”

Please call or write your members of Congress to register your views about the resumption of standardized testing as we are still in the pandemic, following a year of disrupted schooling, in which educational opportunity was unevenly available. If you want to know how your kids are doing, ask their teachers.

Our wonderful allies, Pastors for Texas Children, send us wonderful news: Friends of public education raised their voices, stood together, and stopped new voucher legislation!

 Vouchers Blocked Again!
Last week, we celebrated the victory of your tireless advocacy for public education funding for our children when we announced Gov. Greg Abbott’s decision to extend “hold harmless.” Today, we have another piece of good news: 

The voucher proposal in this session’s House Bill 3 has been removed. 

In a meeting earlier today with Pastors for Texas Children and Raise Your Hand Texas, HB 3 author Dustin Burrows (R-Lubbock) indicated that all education issues, including vouchers, are being taken out of the bill. This change will be reflected in a committee substitute later this week. We thank Chairman Burrows and Gov. Abbott for their wisdom in removing the voucher from the bill.

PTC Executive Director Rev. Charles Johnson gives “joyous testimony to the love and support Texans have for their neighborhood and community public schools – and firm opposition to the privatization of them through vouchers.”  

“That we have to keep delivering that memo to the Governor and a third of the Legislature is outrageous and unacceptable,” he says.  

Year after year, Pastors for Texas Children will continue to deliver that message, with your help.  

In case you missed it, HB3 is a pandemic response bill that deals with many issues, among them school vouchers. Here is the language of the voucher: If a district of residence fails to compensate the off-campus instructional program before the 46th day after the date of receiving a bill, the commissioner of education shall reimburse the off-campus instructional program from funding deducted from the district. 

According to this bill, the commissioner of education would get to decide which programs qualify for reimbursement from the state, which would be “deducted from the district” directly.  

A voucher bill has been filed in every Texas Legislature since 1995, so we were not surprised, nor were we unprepared. The people of Texas do not want vouchers taking money from their public schools. Furthermore, we will remain vigilant to block any future voucher proposals. 

We are thankful that this dangerous proposition was short-lived, and especially thankful for the public education advocacy community, which includes each of you, for making sure of that. 

Last week, we were honored to join dedicated public education advocates in a webinar with Americans United for the Separation of Church and State. We love the different perspectives given by all the panelists, covering this issue thoroughly from all angles. The webinar is called “Fighting Voucher Legislation in 2021: An Update on State Voucher Bills and Tools to Oppose Them.” You can view it here to brush up on your talking points, as they will continue to be relevant. 
PO Box 471155, Fort Worth, Texas, 76147

Jennifer Berkshire and I interviewed Charles Siler about his inside knowledge of the privatization movement.

Jennifer is co-author of the important new book (with Jack Schneider) called A Wolf at the Schoolhouse Door.

As you will learn in the interview, Charles was brought up in a conservative environment. He studied at George Mason University in the Koch-funded economics department (you can read about it in Nancy MacLean’s excellent book Democracy in Chains, which I reviewed in The New York Review of Books). He worked for the Goldwater Institute and lobbied for ALEC and other billionaire-funded privatization groups.

At some point, he realized he was on the wrong side, promoting ideas that would do harm, not good. He wanted to do good.

He said unequivocally that the goal of the privatizers is to destroy public education. They promote charter schools and vouchers to destroy public education.

He explains that school privatization is only one part of a much broader assault on the public sector. The end game is to privatize everything: police, firefighters, roads, parks, whatever is now public, and turn it into a for-profit enterprise. He predicted that as vouchers become universal, the funding of them will not increase. It might even diminish. Parents will have to dig into their pockets to pay for what used to be a public service, free of charge.

Charles is currently helping Save Our Schools Arizona.

In 2018, voters in Palm Beach County, Florida, were asked to decide on a referendum to raise property taxes for the “operational needs of district non-charter schools.” That is, for public schools, not charter schools. After the measure passed, two charter schools in the district sued for their “share” of the revenues. The case went to an appeals court which ruled 2-1 against the charters. Then it went to the full court of appeals, which ruled 7-4 that the charter schools were entitled to a share of the money.

The opinion also said that the wording in the ballot measure that prevented charter schools from receiving money was “severable” — essentially meaning that it can be disregarded — and that the rest of the referendum could remain in “full force and effect.”“Severing and striking the ‘non-charter’ limitation from the 2018 referendum still accomplishes the 2018 referendum’s intent to generate additional revenue ‘to fund school safety equipment, hire additional school police and mental health professionals, fund arts, music, physical education, career and choice program teachers, and improve teacher pay.’ The only difference is that a portion of those funds must be shared with charter schools,” said the 17-page majority opinion shared by Chief Judge Spencer Levine and Judges Dorian Damoorgian, Burton Conner, Alan Forst, Mark Klingensmith, Jeffrey Kuntz and Edward Artau.

But dissenting judges lambasted the majority for deciding that the referendum could remain in effect and for deciding to take up the case en banc.They argued, in part, that allowing the referendum to remain in effect violates the will of voters, who thought they were casting ballots on a measure that would exclude funding for charter schools. Judge Robert Gross described it as an act of “judicial hocus pocus.”

“Rather than taking that principled approach and acknowledging the only proper remedy is the referendum’s invalidation, the majority has instead rewritten the referendum and pulled a bait-and-switch upon the voters of Palm Beach County,” Gross wrote in a dissent joined by Judges Martha Warner and Melanie May. “By judicial fiat, the majority has imposed a levy for the benefit of charter schools that the voters never approved ‘by local referendum or in a general election’ as required (by a section of state law).”

In a separate dissent, Judge Cory Ciklin pointed to the majority “ignoring the will of 528,089 Palm Beach County voters who participated in a countywide election. Not this court nor the School Board nor the charter schools can legally agree to severing and striking the non-charter limitation from the 2018 referendum as if the sanctity of voter intent is of no concern and one that can be blithely cast aside as nothing more than an unimportant annoyance.”

The voters thought that the ballot explicitly excluded the charter schools from the taxes they were willing to increase. The court decided otherwise.

As Judge Gross said in his dissent, this is a classic case of “bait and switch.”

During the pandemic, most schools turned to remote learning as a matter of necessity. Some in the education biz think that the pandemic has created a new market for their products. Actually, most parents and students are eager for real schools with real teachers to open again. Contrary to popular myth, teachers too want schools to reopen, as soon as they are safe for staff and students.

Historian Victoria E.M. Cain of Northeastern University has written an engaging account of the hype associated with new technology in the classroom. It is a tool, it should be used appropriately, but it is not a replacement for teachers.

She writes:

The lessons for today’s enthusiasts are clear. It is wise to be humble about the possibilities of classroom technology. No one would deny that technology can provide invaluable tools to improve learning. (What teacher today would not want to have classroom access to the internet?) Too often, though, instead of being seen as a tool to help schools, new technology has been embraced as a silver-bullet solution to daunting educational crises. In desperate times, desperate leaders have clutched at overblown promises, investing in unproven ideas without demanding reasonable evidence of efficacy. 

In the current pandemic, it might be tempting for education leaders to hope that if only we can find the right balance of learning management systems, home Wi-Fi access, and teacher training, we can continue to provide the same education we always have, virus or no virus. But it is not that easy, and it never has been.  

If we have learned anything from the past two centuries, it is this: New technologies provide assistance, not solutions. Whether it was Lancasterian school buildings in the 19th century, television in the 20th, or Zoom classrooms today, new technology will not solve our problems on its own. In the past, overhasty investment has wasted millions of dollars. Perhaps more pernicious, it has given well-meaning reformers false confidence that they have taken care of the issue. It is far better to take an approach that might not be popular or simple, one that acknowledges the scope of the crisis and the variety of solutions we will need to address it. We need to avoid the temptation to grasp too quickly at a single technological response. 

Wise counsel. Hope and hoax are both four-letter words that start with the same two letters. Hype is also a four-letter word.