Archives for category: Injustice

Mercedes Schneider writes here about Governor Ron DeSantis’s shameless moves to wipe out courses in K-12 and in higher education that he does not like. He is leading an audacious attack on academic freedom that has not been seen in this country since the early 1950s during the Joe McCarthy era. Then the enemy was Communism, now it is fear of those who want to investigate the roots and practices of social and political injustice.

Such people, to DeSantis, are enemies of the social order. They are WOKE, awake to inequity; they make students want to change the status quo. They cannot be tolerated. Their ideas must be eliminated. DeSantis is leading this purge, he says, to protect “freedom.” The language is Orwellian. He means to stamp out the freedom to teach and learn while boasting of his love of freedom.

In addition, he wants to transfer the power to hire new faculty from the faculty to college presidents, whom he appoints. The entire state university would become subservient to his authoritarian impulses.

Schneider describes what is happening, mostly under the radar, as DeSantis wages war on freedom of inquiry:

The current ultra-conservative education platform seeks to stifle all formal or informal discussion of diversity, equity, or inclusion in public K12 and postsecondary education, with Florida apparently leading such efforts.

Though as of yet not a formally-declared 2024 candidate, Florida governor, Ron DeSantis is in the GOP polls as an assumed and formidible GOP presidential primary candidate.

DeSantis, and the Florida legislature are working hard to exercise power over what courses or majors could exist in Florida universities, with legislative efforts to kill womens and gender studies and, as the Insider notes, “gut” a variety of majors. Meanwhile, the February 24, 2023, Tampa Bay Times reports that the Florida Department of Education (FDOE) “told school districts to produce detailed information about the programs and materials they use to address some of the state’s most hotly debated subjects.” Continuing:

In an email delivered late Tuesday, the department instructed superintendents to fill out a 34-question survey identifying titles of books and programs they have relating to sex education, social-emotional learning, culturally relevant teaching and diversity, and equity and inclusion, among other topics. It asked for specifics for student courses and employee training.

The department requested names and examples from district and charter schools.

FDOE wants the information by Monday, February 27, 2023, though it did not offer any reason.

The FDOE request came on the same day that Florida HB 999 was filed by Alex Andrade (R-Pensacola). The bill would remove faculty input from the hiring process; prohibit hiring based on diversity, equity, and inclusion (DEI); remove majors and minors related to Critical Race Theory, gender studies or intersectionailty.

This rewrite of the previous bill seeks to remove any mention of “politics,” including striking through statements such as, “Motivate students throughout the Florida State University to become aware of the significance of government and civic engagement at all levels and politics in general”; “Provide students with an opportunity to be politically active and civically engaged”, and “Nurture a greater awareness of and passion for public service and politics.”

DeSantis does not want to encourage students to become engaged in civic action. He wants to nurture complacence and passivity “in this best of all possible worlds.

Please open her post to read the gory details of this audacious attempt to put the governor of the state in charge of whatever is taught in his state.

What DeSantis is doing is not conservative. It is radical. It is authoritarian. He shows no respect for critical thinking or debate. He is unwilling to allow students to learn anything he does not like. His desire for control of what can be taught or learned is dangerous to democracy. He is attempting to establish a dictatorship and has a super-majority of both houses in the legislature who will give him whatever he wants.

Peter Goodman is a long-time commentator on education issues in New York City and New York State. In this post, he raises important questions: Have charter schools met the goals set when they were authorized? Should they have the right to exclude students they don’t want? Why should the city fund two competing school systems?

As you can see by the response of an editor at the pro-charter New York Post, part of Rupert Murdoch’s media empire, charter supporters oppose this idea and find it outrageous. What do you think?

Historian Heather Cox Richardson summarized Secretary of State Anthony Blinken‘s address to the U.N. Security Council Ministerial Meeting on Ukraine Sovereignty and Russian Accountability. We must never forget that Ukraine is a sovereign nation, and it is irrelevant that it belonged to Russia in the past or during the repressive era of the Soviet Union. Ukraine belongs to the people of Ukraine. I have highlighted sections of his speech that touched me. Open the link to read the footnotes.

She wrote:

“One year and one week ago—on February 17th, 2022—I warned this council that Russia was planning to invade Ukraine,” Secretary of State Antony Blinken told the United Nations Security Council Ministerial Meeting on Ukraine Sovereignty and Russian Accountability today.

“I said that Russia would manufacture a pretext, and then use missiles, tanks, soldiers, cyber attacks to strike pre-identified targets, including Kyiv,” Blinken continued, “with the aim of toppling Ukraine’s democratically elected government. Russia’s representative—the same representative who will speak today—called these, and I quote, ‘groundless accusations.’

“Seven days later, on February 24th, 2022, Russia launched its full-scale invasion.”

When Putin’s initial attack failed to give him control of Ukraine, Blinken continued, “he called snap referenda in four occupied parts of Ukraine, deported Ukrainians, bussed in Russians, held sham votes at gunpoint, and then manipulated the results to claim near unanimous support for joining the Russian Federation.”

“Over the last year,” Blinken said, “Russia has killed tens of thousands of Ukrainian men, women, and children; uprooted more than 13 million people from their homes; destroyed more than half of the country’s energy grid; bombed more than 700 hospitals, 2,600 schools; and abducted at least 6,000 Ukrainian children—some as young as four months old—and relocated them to Russia.

“And yet, the spirit of the Ukrainians remains unbroken; if anything, it’s stronger than ever.”

Blinken’s remarkable speech told the history of Russia’s 2022 invasion of Ukraine, then highlighted that the world community has come together to stand behind Ukraine and the principles of the United Nations Charter that make all countries safer and more secure: “No seizing land by force. No erasing another country’s borders. No targeting civilians in war. No wars of aggression.”

He noted that the war had caused hardship around the globe, but the “vast majority” of states in the United Nations have condemned Russia’s violations of the U.N. Charter, including 141 who voted for a resolution along those lines just yesterday.

When Putin tried to use hunger as a weapon to end sanctions, more than 100 countries stepped up to bring down world grain prices; when Putin tried to use energy as a weapon, the rest of the world redirected national gas supplies so that the countries he was targeting could keep their people warm, and Europe worked hard to end its dependence on Russian energy.

Blinken said that if we do not defend the basic principles of the U.N. Charter, “we invite a world in which might makes right, the strong dominate the weak. That’s the world this body was created to end.”

While everyone—especially Ukraine—wants peace, he said, that peace must be durable, not simply an excuse to let Russia rest, rearm, and relaunch the war. As Ukraine president Volodymyr Zelensky has outlined, any peace must honor Ukraine’s territorial sovereignty. Putin has rejected this condition out of the box, saying that Ukraine must accept his “annexation” of Ukraine’s territories.

Blinken reminded his listeners that not everything in the world has two sides. “In this war, there is an aggressor and there is a victim,” he said. “If Russia stops fighting and leaves Ukraine, the war ends. If Ukraine stops fighting, Ukraine ends. The fact remains: One man—Vladimir Putin—started this war; one man can end it.”

When Russia and its defenders say the ongoing war is diverting resources from others in need, Blinken said, “look at Moscow’s actions” and look at the numbers. Last year, the U.S. contributed $13.5 billion in food aid and funded more than 40% of the World Food Program’s budget. Russia pays less than 1% of that budget.

Blinken went on: “Based on the latest UN figures, the United States donates over nine times as much as Russia to UN peacekeeping. We donate 390 times as much as Russia to UNICEF. We give nearly a thousand times as much as Russia to the UN Refugee Agency.”

Blinken reminded his listeners that the atrocities we are seeing Russians commit in Ukraine are not normal. “Bucha is not normal,” he said. “Mariupol is not normal. Irpin is not normal. Bombing schools and hospitals and apartment buildings to rubble is not normal. Stealing Ukrainian children from their families and giving them to people in Russia is not normal.

“We must not let President Putin’s callous indifference to human life become our own.”

Today, the leaders of the international Group of Seven, known as the G7, met virtually with Zelensky. The G7 includes Canada, France, Germany, Italy, Japan, the United Kingdom and the United States, as well as the European Union.

The statement they issued echoed Blinken’s speech, then went on to pledge to continue food and humanitarian aid as countries suffer from the war, and to continue to design sanctions to make sure those countries continue to have access to food and fertilizers. The G7 leaders expressed “profound sympathy” for those affected by the “horrifying earthquakes in Türkiye and Syria” and pledged continued support.

“Above all,” they said, “our solidarity will never waver in standing with Ukraine, in supporting countries and people in need, and in upholding the international order based on the rule of law.”

The Biden administration today announced $2 billion in military aid to Ukraine, including drones, communications equipment, HIMARS rockets, and 155-millimeter artillery ammunition, while the G7 has increased its 2023 support for Ukraine to $39 billion, and both Germany and Sweden committed to sending more Leopard 2 tanks.

The deputy chair of Russia’s security council, former president Dmitry Medvedev, said today that Russia planned to “push the borders of threats to our country as far as possible, even if these are the borders of Poland.” Poland is a member of the North Atlantic Treaty Organization (NATO), meaning an attack on it would be an attack on the rest of NATO, including the United States.

At a press conference in Kyiv today, Zelensky said: “Victory will be inevitable. I am certain there will be victory.”

“We have everything for it. We have the motivation, certainty, the friends, the diplomacy. You have all come together for this. If we all do our important homework, victory will be inevitable.”

Jamelle Bouie is an opinion writer for the New York Times. He is brilliant. He writes essays about politics, philosophy, and culture. I subscribe to his opinion feed, where he writes about which books he is reading and what he’s cooking. I have never met him but I love him.

He published his thoughts about why transgender people deserve the same rights, respect, and dignity as others.

Over the past year, we have seen a sweeping and ferocious attack on the rights and dignity of transgender people across the country.

In states led by Republicans, conservative lawmakers have introduced or passed dozens of laws that would give religious exemptions for discrimination against transgender people, prohibit the use of bathrooms consistent with their gender identity and limit access to gender-affirming care.

In lashing out against L.G.B.T.Q. people, lawmakers in at least eight states have even gone as far as to introduce bans on “drag” performance that are so broad as to threaten the ability of gender-nonconforming people simply to exist in public.

Some of the most powerful Republicans in the country want to go even further. Donald Trump has promised to radically limit transgender rights if he is returned to the White House in 2024. In a video address to supporters, he said he would push Congress to pass a national ban on gender-affirming care for transgender youth and restrict Medicare and Medicaid funding for hospitals and medical professionals providing that care.

He wants to target transgender adults as well. “I will sign a new executive order instructing every federal agency to cease all programs that promote the concept of sex and gender transition at any age,” Trump said. “I will ask Congress to pass a bill establishing that the only genders recognized by the United States government are male and female, and they are assigned at birth.”

There is plenty to say about the reasoning and motivation for this attack — whether it comes from Trump, Gov. Ron DeSantis in Florida or Gov. Greg Abbott in Texas — but the important thing to note, for now, is that it is a direct threat to the lives and livelihoods of transgender people. It’s the same for other L.G.B.T.Q. Americans, who once again find themselves in the cross-hairs of an aggressive movement of social conservatives who have become all the more emboldened in the aftermath of the Supreme Court’s decision to overturn Roe v. Wade last year.

This is no accident. The attacks on transgender people and L.G.B.T.Q. rights are of a piece with the attack on abortion and reproductive rights. It is a singular assault on the bodily autonomy of all Americans, meant to uphold and reinforce traditional hierarchies of sex and gender.

Politicians and those of us in the media tend to frame these conflicts as part of a “culture war,” which downplays their significance to our lives — not just as people living in the world, but as presumably equal citizens in a democracy.

Democracy, remember, is not just a set of rules and institutions, but a way of life. In the democratic ideal, we meet one another in the public sphere as political and social equals, imbued with dignity and entitled to the same rights and privileges.

I have referred to dignity twice now. That is intentional. Outside of certain select phrases (“the dignity of labor”), we don’t talk much about dignity in American politics, despite the fact that the demands of many groups for dignity and respect in public life have been a driving force in American history since the beginning. To that point, one of the great theorists of dignity and democracy in the United States was none other than Frederick Douglass, whose experience in bondage gave him a lifelong preoccupation with the ways that dignity is either cultivated or denied.

Douglass observed “that although dignity seems to be woven into human nature, it is also something one possesses to the degree that one is conscious of having it,” the historian Nicholas Knowles Bromell writes in “The Powers of Dignity: The Black Political Philosophy of Frederick Douglass,” “and one’s own consciousness of having it depends in part on making others conscious of it. Others’ recognition of it then flows back and confirms one’s belief in having it, but conversely their refusal to recognize it has the opposite effect of weakening one’s confidence in one’s own dignity.”

Nicole Walker, a writer and editor, in “My Abortion at 11 Wasn’t a Choice. It Was My Life.”Read the guest essay.

“It’s important that the government is in sync with the public opinion, but I don’t think they are.”

Dwyarrn, one of the participants in an Opinion focus group with 12 pro-life voters.Read the focus group’s discussion.

“Sometime soon, I am going to meet a patient who has no ability to leave the state, and I am going to have to tell her that her baby has a lethal condition, and she is going to have to carry a pregnancy to term against her will.”

David N. Hackney, a maternal-fetal medicine specialist, in “I’m a High-Risk Obstetrician, and I’m Terrified for My Patients.”Read the guest essay.

“There are more of us than there are of them. That’s especially true if American men recognize that their way of life is also under attack. Men also have sex for pleasure. This is not just a women’s issue.”

“My fellow pro-lifers and I will also need to make the case to expectant mothers, and fathers too, that their unborn children are, like the rest of us, dependent and needy persons.”

Erika Bachiochi, a conservative legal scholar, in “What Makes a Fetus a Person?”Read the guest essay.

“The overturning of Roe v. Wade reveals the Supreme Court’s neglectful reading of the amendments that abolished slavery and guaranteed all people equal protection under the law. It means the erasure of Black women from the Constitution.”

It is easy to see how this relates to chattel slavery, a totalizing system in which enslaved Black Americans struggled to assert their dignity and self-respect in the face of a political, social and economic order that sought to rob them of both. But Douglass explored this idea in other contexts as well.

Michele Goodwin, a professor of law at the University of California, in “No, Justice Alito, Reproductive Justice Is in the Constitution.”Read the guest essay.

Writing after the Civil War on women’s suffrage, Douglass asked his readers to see the “plain” fact that “women themselves are divested of a large measure of their natural dignity by their exclusion from and participation in Government.” To “deny woman her vote,” Douglass continued, “is to abridge her natural and social power, and to deprive her of a certain measure of respect.” A woman, he concluded, “loses in her own estimation by her enforced exclusion from the elective franchise just as slaves doubted their own fitness for freedom, from the fact of being looked down upon as fit only for slaves.”

Similarly, in her analysis of Douglass’s political thought — published in the volume “African-American Political Thought: A Collected History” — the political theorist Sharon R. Krause shows how Douglass “clearly believed that slavery and prejudice can degrade an individual against his will” and generate, in his words, “poverty, ignorance and degradation.”

Although Douglass never wrote a systematic account of his vision of democracy, Bromell contends that we can extrapolate such an account from the totality of his writing and activism. “A democracy,” Douglass’s work suggests, “is a polity that prizes human dignity,” Bromell writes. “It comes into existence when a group of persons agrees to acknowledge each other’s dignity, both informally, through mutually respectful comportment, and formally, through the establishment of political rights.” All of our freedoms, in Bromell’s account of Douglass, “are meanstoward the end of maintaining a political community in which all persons collaboratively produce their dignity.”

The denial of dignity to one segment of the political community, then, threatens the dignity of all. This was true for Douglass and his time — it inspired his support for women’s suffrage and his opposition to the Chinese Exclusion Act — and it is true for us and ours as well. To deny equal respect and dignity to any part of the citizenry is to place the entire country on the road to tiered citizenship and limited rights, to liberty for some and hierarchy for the rest.

Put plainly, the attack on the dignity of transgender Americans is an attack on the dignity of all Americans. And like the battles for abortion rights and bodily autonomy, the stakes of the fight for the rights and dignity of transgender people are high for all of us. There is no world in which their freedom is suppressed and yours is sustained.

In 2009, the Atlanta Journal-Constitution scrutinized test score gains in the city’s public schools and discovered a number of schools where the gains seemed improbable. The story triggered intense scrutiny by the Georgia Bureau of Investigation. Eventually nearly three dozed educators were charged with changing answers on the standardized tests from wrong to right in hopes of winning a bonus and pleasing their superintendent Dr. Beverly Hall, who put pressure on all teachers to raise scores or be humiliated.

During Beverly Hall’s tenure, the Atlanta district was celebrated for its miraculous test score gains, and she won recognition as Superintendent of the Year. She was the poster educator supposedly proving the “success” of No Child Left Behind. What she actually proved was that NCLB created perverse incentives and ruined education.

The facade of success came tumbling down with the cheating scandal.

After the investigation, Beverly Hall was indicted, along with 34 teachers, principals, and others. All but one of those charged is black. Many pleaded guilty. Ultimately, 12 went to trial. One was declared innocent, and the other 11 were convicted of racketeering and other charges. Beverly Hall died before her case went to trial.

The case was promoted by then-Governor Sonny Perdue. Ironically, the rise in Atlanta’s test scores was used by the state of Georgia to win a $400 million Race to the Top award.

One of those who was punished for maintaining her innocence was Shani Robinson, who was a first-grade teacher. She is the co-author with journalist Anna Simonton of None of The Above: The Untold Story of the Atlanta Public Schools Cheating Scandal, Corporate Greed, and the Criminalization of Educators.

I reviewed their book on the blog. While reading her book, I became convinced that Shani was innocent. As a first-grade teacher, she was not eligible for a bonus. Her students took practice tests, and their scores did not affect the school’s rating. Yet she was convicted under the federal racketeering statute for corrupt activities intended to produce financial gain. The Racketeer Influenced and Corrupt Organizations Act (RICO), was written to prosecute gangsters, not school teachers. Her conviction was a travesty.

Investigators offered Shani and other educators a deal: Plead guilty and you can go free. Or, accuse another teacher and you can go free. She refused to do either. She maintained that she was innocent and refused to accuse anyone else. Shani was accused by a teacher who won immunity. Despite the lack of any evidence that she changed scores, she was convicted.

Two Atlanta lawyers wrote a blog post in 2020 describing the Atlanta cheating trial as a legal outage:

The Atlanta Public Schools (APS) “cheating” scandal is a textbook example of overcriminalization and prosecutorial discretion gone amok, compounded by an unjust sentence of first-time offenders to serve years in prison. It is a glaring illustration of a scorched-earth prosecutorial mindset that has sparked a movement of reform-minded prosecutors nationwide — one which has yet to be embraced in Atlanta.

Just this past week, the six remaining educators who have insisted on their innocence went before the same judge who found them guilty. Their public defender asked to be excused from the case because he thought it was a conflict of interest to represent all six defendants. The original prosecutor, Fani Willis, continues to believe the six educators should be imprisoned. Willis is now prosecuting the case of whether former President Trump interfered in Georgia’s election in 2020.

The six educators who insist they are innocent have lived in a state of suspended animation for more than a decade. They have not gone to prison, yet. They have lost their reputations, their jobs, their teaching licenses.

They hoped that Judge Baxter might use the hearing to dismiss their case. Shani asked me to write a letter supporting her. I did.

It didn’t matter. Judge Baxter decided that the defendants should get a new public defender and return for another hearing. The case has already cost millions of dollars and is the longest-running trial in the history of the state.

The judge ordered them to return to court with their new lawyers or public defenders on March 16. At that time, the entire appeals process might start again and take years to conclude.

I contacted my friend Edward Johnson in Atlanta to ask him what he thought. Ed is a systems thinker and a sharp critic of the Atlanta Public Schools‘ leadership, which is controlled by corporate reformers who make the same mistakes again and again instead of learning from them.

Ed wrote me:

Prosecuting teachers and administers was morally wrong to begin with. Continuing to prosecute any of them is doubly morally wrong. Teachers and administers were the real victims of Beverly Hall. So prosecuting them means being willfully blind to ever wanting to learn truths about anything that would help Atlanta avoid doing a Beverly Hall all over again.

I agree.

Carol Burris is the executive director for of the Network for Public Education. in this post, which she wrote exclusively for the blog, she reveals the details of Arkansas Governor Sarah Huckabee Sanders’ plan to defund and destroy the public schools in her state.

Burris writes:

Sarah Huckabee Sanders, the daughter of Baptist minister and former Governor Mike Huckabee, missed learning the 9th commandment that prohibits telling a lie. As press secretary to Donald Trump, her distortions of the truth resulted in the editor of Forbes warning corporations against hiring Sanders and other Trump “propagandists,” writing, “Forbes will assume that everything your company or firm talks about is a lie.”

 

Now she is the Governor of Arkansas. On her first day in office and in her response to Biden’s State of the Union, she parroted the old “education is the civil rights issue of our time” line that has been used to justify horrible policies from school closures to charter schools and vouchers. However, the disconnect between what she says and what she does quickly became apparent. On her first day in office, she issued an executive order prohibiting “indoctrination and critical race theory in schools” and another banning the term “Latinx” from being used in state documents. State authorities are investigating AP African American Studies at Little Rock Central High School, where the majority of students are Black.

If we need further proof that this self-proclaimed champion of Civil Rights is more aptly described as a champion of Civil Wrongs, look at her recently leaked ed reform plan.

Here are its features:

 

The Privatization of Public Education:

· Her voucher plan is a universal ESA—the plan now favored by the far-right. These plans have few rules and no family eligibility requirements. They have become Entitlement Spending Accounts–cash going into the pockets of private school families regardless of income. The leaked plan does not say how taxpayers will pay for it. But everyone will be eligible by 2025. It includes Voucher funding for homeschools. The only restrictions will apply to vendors, so those who enroll their children in those recently uncovered Neo-Nazi homeschools can find ways to cash in.

· Increased tax credits for contributions to an existing voucher program.

· Local School Boards can contract with an open-enrollment charter school or private company to run a school campus at risk of state takeover due to low performance—and if they do, they get a financial incentive.

· Establishment of a charter-school construction fund for new charters and expansion.

· Elimination of the cap on charters.

· Charter school applications no longer need to be reviewed and approved by the local school district board of directors.

· All students attending a public school can take courses and earn credit for classes not offered in their school. By the beginning of the 2025-2026 school year, students attending a public school that receives a letter grade of “C”, “D”, or “P” from the Arkansas School and District Accountability System may take their required courses (i.e. math, English, etc.) through the course choice program. Bet your bottom dollar that these courses will be online, with vendors like Stride K12 making a fortune.

Censoring and Controlling Curriculum

· K-3 literacy evaluation will be aligned with the “science of reading.”

· Before grade 5, teachers cannot provide classroom instruction on the following topics: sexually explicit materials, sexual reproduction, sexual intercourse, gender identity, and sexual orientation.

· School districts must implement an age-appropriate child sexual prevention program for grades K-12, allowing parents to preview materials and exempt their children from instruction. (I have no idea what a child sexual prevention program even is.)

· The Secretary of Education will review the Department of Education regulations, policies, materials, and communications to ensure they do not indoctrinate students with ideologies that conflict with the principle of equal protection under the law.

· No school employee or student must attend training on prohibited indoctrination or Critical Race Theory.

 

Harmful Policies for Students

· 3rd-grade retention based on deficits in reading proficiency.

· An accountability system for pre-school education that includes student data.

· Literacy testing three times a year for all students in K-3.

· Curriculum tracking in Grade 8.

· Community service requirements, which may, for some students, be challenging to meet.

· Mandated cops on campus.

· Career-ready pathways in partnership with local business and industry leaders” translate workforce training programs to track students into low-paying and middle-wage jobs.

Punitive Policies for Teachers

 

· Elimination of due process in dismissals.

· Base salaries will no longer increase by years of experience or for Master’s degrees.

· Bonuses based on VAM.

There are a few likable initiatives in her plan, such as paid maternity leave for teachers, but if she makes districts fund them even as she drains their funding with charter schools and voucher expansion, a good initiative will be one more financial pressure on already underfunded schools.

Sarah Huckabee Sanders’ education plan is a hodgepodge of all the awful and ineffective ideas proposed since No Child Left Behind. The fingerprints of JEB! and the Walton family are over the leaked legislation.

Despite its hodgepodge nature, one thing is clear—its ultimate intent is to destroy public education in the state by slamming a fist down on students, public schools, and their teachers while propping up a wild and largely unaccountable privatized system.

 

 

 

This report was released about a major court decision in Pennsylvania that will affect millions of children:

For immediate release: Feb. 7, 2023
Contact: Jonathan McJunkin, Public Interest Law Center, 570-337-1969, jmcjunkin@pubintlaw.org;                        Paul Socolar, Education Law Center-PA, 215-372-1650, psocolar@elc-pa.org

A Historic Victory for Petitioners in School Funding Lawsuit

Today, Commonwealth Court Judge Renée Cohn Jubelirer ruled that Pennsylvania’s school funding system is unconstitutional and must be reformed.

In a 786-page decision, the court found that “All witnesses agree that every child can learn. It is now the obligation of the Legislature, Executive Branch, and educators, to make the constitutional promise a reality in this Commonwealth.”

The court order calls for the “respondents, comprised of the Executive and Legislative branches of government and administrative agencies with expertise in the field of education, the first opportunity, in conjunction with Petitioners, to devise a plan to address the constitutional deficiencies identified herein.”

The court rebuffed respondents’ argument that the current system is adequate, saying “In the 21st century, students need more than a desk, chair, pen, paper, and textbooks.”

The Education Law Center and Public Interest Law Center issued the following joint statement earlier today:

“Today’s decision declaring Pennsylvania’s school funding system unconstitutional is a historic victory for Pennsylvania’s public school children. It will change the future for millions of families, so that children are no longer denied the education they deserve. The court recognized that our schools require adequate funding to meet our constitution’s mandate. It’s time for our state legislature to fund public schools in every corner of Pennsylvania so all students, whether or not they live in a wealthy community, can receive the quality public education guaranteed in our state constitution.”

“The court’s decision recognizes what we showed during trial: Every year, hundreds of thousands of children in public schools in lower-wealth communities across Pennsylvania are being denied the basic resources needed for a quality education because the state is not adequately or equitably funding our schools,” said ELC legal director Maura McInerney. “The court’s order directs the state to change the way it funds our public schools from the current two-tiered system divided by local wealth to one that provides sufficient resources for all children.”

“This is a huge victory. Educators know that every child can learn, and they know the kinds of support that their students need to reach their potential,” said Dan Urevick-Ackelsberg, senior attorney at the Public Interest Law Center. “Our clients and others in low-wealth districts in Pennsylvania also know that for too long, they have had to triage their students’ needs, leaving some students behind because of the state’s failure to provide adequate funding for public education. Today’s decision makes it clear that this inequitable status quo cannot continue, and that every child in Pennsylvania has a fundamental right to receive a comprehensive, effective, and contemporary public education.”

“Education is the great equalizer — the key that opens the door to life-changing opportunities and world-changing ideas,” said Katrina Robson, partner at O’Melveny & Myers LLP. “No child should be left with their hand up, begging for but denied that opportunity. We are gratified by the judge’s ruling, which will help ensure that all children in Pennsylvania have equitable access to quality education. And we are proud of the legal team that worked tirelessly—for years—to help achieve this critically important result.”

Here is the language of the court order:

1. The Education Clause, article III, section 14 of the Pennsylvania Constitution, requires that every student receive a meaningful opportunity to succeed academically, socially, and civically, which requires that all students have access to a comprehensive, effective, and contemporary system of public education;

2. Respondents have not fulfilled their obligations to all children under the Education Clause in violation of the rights of Petitioners;

3. Education is a fundamental right guaranteed by the Pennsylvania Constitution to all school-age children residing in the Commonwealth;

4. Article III, section 32 of the Pennsylvania Constitution imposes upon Respondents an obligation to provide a system of public education that does not discriminate against students based on the level of income and value of taxable property in their school districts;

5. Students who reside in school districts with low property values and incomes are deprived of the same opportunities and resources as students who reside in school districts with high property values and incomes;

6. The disparity among school districts with high property values and incomes and school districts with low property values and incomes is not justified by any compelling government interest nor is it rationally related to any legitimate government objective; and

7. As a result of these disparities, Petitioners and students attending low-wealth districts are being deprived of equal protection of law.

The case William Penn School District et al. v. Pennsylvania Department of Education et al. was filed in 2014 by six Pennsylvania school districts (William Penn, Greater Johnstown, Lancaster, Panther Valley, Shenandoah Valley, and Wilkes-Barre Area), the Pennsylvania Association of Rural and Small Schools, the NAACP-PA State Conference, and a group of public school parents. They filed suit in Pennsylvania Commonwealth Court against state legislative leaders, state education officials, and the governor for failing to uphold the General Assembly’s constitutional obligation to provide a “thorough and efficient” system of public education. Petitioners also assert that the massive inequality this system fuels between poor and wealthy school districts discriminates against students in low-wealth communities, violating their right to equal protection in the state Constitution.

The school districts and other petitioners in the case are represented by the Education Law Center – PA, the Public Interest Law Center, and O’Melveny. During a four-month trial before Judge Cohn Jubelirer that concluded in March, witnesses explained in detail the deficiencies of the current system and the extreme, egregious disparities between school districts in Pennsylvania.

For more on the case, William Penn School District et al. v. PA Dept. of Education et al., visit FundOurSchoolsPA.org, a joint online project of the Education Law Center-PA and the Public Interest Law Center.

 

The Public Interest Law Center uses high-impact legal strategies to advance the civil, social, and economic rights of communities in the Philadelphia region facing discrimination, inequality, and poverty. We use litigation, community education, advocacy, and organizing to secure their access to fundamental resources and services in the areas of public education, housing, health care, employment, environmental justice and voting. For more information, visit www.pubintlaw.org or follow on Twitter @PubIntLawCtr.

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Dan Rather and Elliott Kirschner write a blog called Steady. Their voice is always thoughtful, reasonable, informed, and…steady. I think that they, like me, are old enough to remember when we believed that overt racism was ebbing and that white supremacy was dead. Our hopes have been shattered since 2016. It takes the use of critical race theory to understand why we were so naive. Here is their take on the big Education story of the day:

Photo credit: Octavio Jones

Editor’s note: this is an ironic banner in front of DeSantis. Florida is not free for those who don’t share his ideology. If you think racism exists today in Florida, you are not free to discuss it in school or college. You are free to agree with him.

Rather and Kirschner write:

Much of American history is entangled with racism and white supremacy. That is the reality of our beloved nation, no matter how much we wish it were not.

As we sit here nearly a quarter of the way through the 21st century, it is obvious that we need to have the maturity to look back to our past as well as ahead to the future. Can we do this with our eyes wide open? Will we study and learn from the lessons of history?

You can’t grapple with the truth if you hide it from view. Yes, our national narrative is an inspiring one — of freedom, rights, and new opportunities. But it is also a narrative of pain — of the bondage, rape, and murder of enslaved people. It is a story of mass death, broken treaties, and land stolen from Native people. And it is a story of persecution of the “other,” time and again.

The chasm between the noble promises of our founding documents and our historical realities continues to obstruct our national journey toward a more perfect union.

Yes, ours is a country that has facilitated exploration, innovation, and growth, but it is also one built upon families torn apart at the auction block, bodies whipped, and police dogs and fire hoses set against children.

Cities were redlined. Public schools were segregated. And despite our carefully cultivated national image as a meritocracy, throughout our history we have seen talent overlooked and our common humanity diminished on account of people’s race, religion, and sexual orientation.

The ripples of injustice continue to destabilize our society.

It shouldn’t be controversial to say any of this. But acknowledging these truths today is a political act, because it threatens the privileged narratives of those who seek to sugarcoat our past. These are men and women who serve their own ambitions by fortifying their cynical holds on power, delighting in division, feeding off fear, and applauding anger.

And that brings us to Florida’s Governor Ron DeSantis.

Listing all of his efforts to leverage the power of his office to attack equity, empathy, and justice would stretch this post immeasurably. But doing so would also jeopardize the central point: DeSantis is an opportunist. He is not weighing the merits of any one campaign. Rather, he wants headlines as a culture warrior standing up to “wokeness,” a term he has eagerly redefined to suit his own purposes. It allows him to sneer at and dismiss any attempt to reckon with American injustice.

DeSantis has focused his assaults on two of our society’s most traditionally marginalized groups: Black Americans and the LGBTQ community. While these populations have thus far felt the brunt of his targeting, we need to see clearly that his rhetoric is a threat to all who care about a democratic, peaceful, empathetic, and just America. Those of us with the greatest privilege should bear a special burden in rejecting this hate.

DeSantis’s pugilism has enabled him to consolidate power in Florida. Any opposition to his toxic initiatives must contend with the uncomfortable truth that voters validated his message and style via his landslide win in November. Now DeSantis thinks he can take his show on the road with a presidential bid. That remains to be seen. Florida has been trending Republican in recent years, and success there might not translate to the current battleground states, many of which saw big Democratic wins in the midterms.

All that being said, there is a great danger to framing this struggle primarily through the lens of electoral politics. This normalizes a discourse that should be rejected by society’s mainstream. Just as the outright bigotry of the past became socially unacceptable, so too should these latest attempts at divisiveness.

It should not surprise us that DeSantis is making schools — both K-12 and college — a central target. He wants to teach a distorted view of America. He wants to make dissenting speech not only suspect but even criminal. He wants to silence the voices of his critics and of critical thinking more generally. This is a playbook that has been followed by demagogues before to very dangerous ends.

It is essential that DeSantis not be covered by the press through a false equivalence paradigm. We can debate what we should teach and how to teach it. But we can’t replace the truth, as unsavory as it may be, with sanitized narratives that suit those already in power. This is a battle for the minds of the voters of the future. This is about what kind of nation we will become.

But DeSantis primarily cares about what kind of country we are now. He wants to appeal to fear because he thinks he can mine that fear for votes. That is his game plan. And he’s not hiding it. There can be no appeasement. DeSantis has already shown that he isn’t interested in deliberations or good faith compromise. Those would disrupt his approach of means to an end.

History illustrates that hatred can be taught, but so can empathy and justice. We are on a winding journey as a nation. And we have much farther to go. But we have made progress in the face of bigots and autocrats because people had the courage to forge the inequities of our past into a more equitable future.

This history, this truth, is what scares people like DeSantis the most. But it is one that can give us hope if we are determined not to look away.

Robert Hubbell writes a thoughtful, informative blog. I’m posting this as part of my personal project to understand the new face of white supremacy. White supremacy has always been there, simmering below the surface. Trump invited them to show their faces and step into the daylight. They did, and DeSantis is sending them signals that he wants to be their champion.

Florida Governor Ron DeSantis has set his anti-education sites on Florida’s state colleges. Through a series of political and legal maneuvers, he has ceded control over Florida’s state colleges to ultra-conservative culture warriors like Christopher Rufo. In short order, DeSantis has announced that he will rid Florida state colleges and universities of curricula not “rooted in Western tradition” or that “compels belief in critical race theory or related concepts such as intersectionality.”

Amid the torrent of reporting on Ron DeSantis’s attack on critical race theory and intersectionality, the quiet part is often left unsaid. So let me say it: DeSantis’s educational agenda is code for racism and white supremacy. (Other parts of his agenda seek to erase the dignity and humanity of LGBTQ people.) DeSantis’s invocation of “Western tradition” is meant to suppress knowledge regarding the people (and contributions) of Asia, Africa, South America, Oceania, and the Indigenous Peoples of the Americas. See Talking Points Memo, DeSantis Makes 2024 Ambitions Clear As He Pours Gasoline On His ‘Woke’ Education Fire.

Given DeSantis’s generalized ignorance, his call to focus on “Western tradition” is a slippery slope that will inevitably lead to the discussion of unpleasant truths about America. For example, the enslavement of Black people was a “tradition” in North America for 246 years—and the abolition of that evil practice is relatively recent (155 years ago). So, a college course that honestly addresses the Western “traditions” of North America should include an examination that the role of slavery played in the economic, social, and political development of America.

But DeSantis isn’t stopping at converting Florida’s colleges and universities into re-education camps in the worst traditions of the USSR. He is seeking to up-end centuries of “Western tradition” embodied in the Constitution and the English common law: the requirement of a unanimous jury to impose capital punishment. DeSantis has floated the idea that a less-than-unanimous jury verdict can impose a sentence of death—an unconstitutional proposal designed to inflict the death penalty on more Black and Latino Americans. See Vox, Ron DeSantis wants to make it much easier for the state to kill people.

DeSantis is willing to do all this because he wants to capture Trump’s loyal base—which is the only hope that DeSantis has of becoming a credible candidate. As Trump becomes mired in criminal prosecutions, DeSantis will become emboldened and radicalized beyond his already extremist views. Doing so ignores the lessons of the 2022 midterms: persuadable Americans are done with Trump and his MAGA extremism. Like all military generals, Ron DeSantis is fighting the last war (the presidential election of 2020) and has failed to heed the tectonic shift that occurred in the midterms.

Jan Resseger looks behind the daily news and ties together fast-moving events in the red states. The sudden proliferation of voucher programs is no accident, she writes, nor is it a response to public demands. It is a carefully crafted, well-funded strategy to defund public schools, to smash teachers’ unions, and to implement a rightwing ideology that does not benefit students or improve education.

She writes:

This week in Iowa, Governor Kim Reynolds signed an Education Savings Account, universal voucher program into law. And last week in Utah, the same kind of voucher plan took the first step toward adoption when it was passed by Utah’s House of Representatives.

The Des Moines Register reports on Iowa’s new vouchers. The program will “phase in over three years and eventually allow all Iowa families to use up to $7,598 a year in an ‘education savings account’ for private school tuition. If any money is left over after tuition and fees, families could use the funds for specific educational expenses, including textbooks, tutoring, standardized testing fees, online education programs and vocational and life skills training. The $7,598 per private school student is the same amount of funding the state provides to public school students and is expected to rise in future years… The bill allows the Iowa Department of Education to contract with a third party to administer the education savings accounts, but the state has not yet issued a request for proposals from companies seeking to manage the funds.”

It would appear that the Iowa Legislature tried to calm the fears of the public school community by promising that, “Public school districts would also receive an additional $1,205 in funding for students receiving education savings accounts who live within the public school district’s boundaries.” But despite that promise, a drop in overall public school funding is expected: “By the fourth year, the (Legislative Services) agency estimates public school districts will receive $49.8 million in new per-student funds for private school students within the public district’s boundaries. The agency also expects a net decrease of $46 million in public school funding as a result of more students attending private schools.”

It is hard to keep track of all the states that now have school vouchers or are considering voucher programs and to know which states have the latest flavor of vouchers—Education Savings Accounts (ESAs). Most ESA programs, unlike Iowa’s, don’t even require that families use the vouchers at private schools. In most places, ESA’s can be used for educational programs, for educational tools and materials like books and computers, and for homeschooling. In some states families can use the money for so-called micro-schools in which families come together and hire a teacher to work with children in someone’s home.

Why is there so much so much legislative activity about expanding vouchers? Several factors are important to consider, and many of them were the subject of economist Gordon Lafer’s analysis in The One-Percent Solution. Lafer’s book focused on the public policy that flowed from state legislatures after the Tea Party wave election in 2010, but his observations are still on point as we begin 2023. Lafer enumerates all the reasons why far-right ideologues and big corporate moneyed interests seek to undermine and privatize public schools: “At first glance, it may seem odd that corporate lobbies such as the Chamber of Commerce, National Federation for Independent Business, or Americans for Prosperity would care to get involved in an issue as far removed from commercial activity as school reform. In fact, they have each made this a top legislative priority… The campaign to transform public education brings together multiple strands of the agenda… The teachers’ union is the single biggest labor organization in most states—thus for both anti-union ideologues and Republican strategists, undermining teachers’ unions is of central importance. Education is one of the largest components of public budgets, and in many communities the school system is the single largest employer—thus the goals of cutting budgets, enabling new tax cuts for the wealthy, shrinking the government, and lowering wage and benefit standards in the public sector all coalesce around the school system… There are always firms that aim to profit from the privatization of public services, but the sums involved in K-12 education are an order of magnitude larger than any other service, and have generated an intensity of corporate legislative engagement unmatched by any other branch of government. Finally, the notion that one’s kids have a right to a decent education represents the most substantive right to which Americans believe we are entitled, simply by dint of residence… (F)or those interested in lowering citizens’ expectations of what we have a right to demand from government, there is no more central fight than around public education. In all these ways, then, school reform presents something like the perfect crystallization of the corporate legislative agenda.” (The One-Percent Solution, pp 128-129)

It is hard for public school advocates to mobilize nationally against the expansion of vouchers. Voucher battles are fought state by state because public education and the funding of public education is a state-by-state issue. Advocates are likely to focus on public education legislation in their own state and not to pay attention to what’s happening elsewhere. And citizens are not likely to pay much attention to what is happening in the legislature. Once again, Gordon Lafer identifies the problem: “(M)any of the factors that strengthen corporate political influence are magnified in the states. First, far fewer people pay attention to state government, implying wider latitude for well-funded organized interests… Apart from labor unions and a handful of progressive activists, the corporate agenda… encounters little public resistance at the state level because hardly anyone knows about or understands the issues… So, too, corporate lobbies’ financial advantage is magnified in the states. Citizens United marked a sea change in state as well as federal politics.” (The One Percent Solution, pp. 34-36)

Christopher Lubienski, a professor of education policy at Indiana University who has studied the impact of school privatization and the politics around privatizing public schools, recently published a reminder that school privatization is driven by the power of the corporate agenda. Expansion of vouchers has never been an expression of voters’ overall preference: “School choice is continuing to expand across the United states…. But these successes often come in spite of overwhelming voter opposition to school choice programs… According to the pro-voucher organization EdChoice.org, the U.S. has over 75 publicly funded private school choice programs, including vouchers, and education savings accounts, as well as another 45 charter school programs. But all of these programs have been implemented by legislators, not the electorate… In fact, voters have been allowed to weigh in on school choice programs only nine times since 2000, and they almost always reject them, often by overwhelming margins. Only twice did school choice programs pass through the ballot box. In 2012, Georgia voters empowered their legislature with the ability to create charter schools. That same year… Washington voters passed a charter school referendum.”

Who are the far-right advocacy groups and think tanks powerfully promoting Education Savings Account vouchers? They include the usual suspects: the American Legislative Exchange Council and a state- by-state group of think tanks that are ALEC’s partners in the State Policy Network, EdChoice, the Goldwater Institute, the Heritage Foundation, and the Institute for Justice, which provides two model laws—“Education Savings Account Act: Publicly Funded,” and “Education Savings Account Act: Tax-Credit Funded“—so that state legislators can merely adapt a canned statute to their own state’s particular needs. SourceWatch reports corporate funding streams for these and other far-right think tanks that promote vouchers—funding from the Koch Brothers, the Bradley Foundation, and investments from the Donor’s Capital Fund, a powerful investor of corporate dark money since the 2010, U.S. Supreme Court ruling in Citizens United.

In the past two years, the campaign to undermine public schooling and promote the expansion of vouchers has developed a new strategy to convince parents that their children in public schools are being brainwashed by critical race theory and surrounded by discussion of gender and sexual orientation. In a new report published by the Network for Public Education this week, political scientist Maurice Cunningham traces the money behind what may appear to be a spontaneous emergence of parents’ groups—Parents Defending Education, Moms for Liberty, and No Left Turn in Education. Cunningham points to clues that these are not local grassroots groups of parents; their websites, for example, betray a big investment in communications. And while, for example, the founders of Parents Defending Education (PDE) claim to be a bunch of working moms, Cunningham explains: “PDE took in $3,178,272 in contributions and grants in 2021… Donor’s Trust, a dark money donor associated with the Koch network donated $20,250 to PDE in 2021. The Achelis & Bodman Foundation which funds voucher and charter school programs and targets public education, contributed $25,000. Searle Freedom Trust, another right-wing donor with ties to Donors Trust, contributed $250,000 in 2021. We don’t know all the names on the checks, but we do know that those checks had to be pretty large, that the attorneys and consultants sit at the hierarchy of right-wing operatives, and that the board members and staffers are connected to the highest levels of conservative donors including the Koch network.”

The same people who are promoting vouchers are working to scare parents with the huge, culture war campaign driven by identifiable funders and a mass of dark money supporting an education marketplace and undermining parents’ confidence in public schools. But as Christopher Lubienski, the scholar who has studied the effect of the privatization of public education reminds us, expanding vouchers has not improved the outcomes for our children: “(R)ecent research is repeatedly showing that… vouchers are not a good investment. Although publicly funded vouchers may be propping up some private schools that might otherwise go out of business, they are not really helping the people they purport to help. In fact… study after study shows that students using vouchers are falling behind where they would have been if they had remained in public schools. Thus, policymakers might think twice about defying voters on initiatives that actually cause harm to children.”

The political theorist Benjamin Barber warns that school choice does not really provide freedom for families: “We are seduced into thinking that the right to choose from a menu is the essence of liberty, but with respect to relevant outcomes the real power, and hence the real freedom, is in the determination of what is on the menu. The powerful are those who set the agenda, not those who choose from the alternatives it offers. We select menu items privately, but we can assure meaningful menu choices only through public decision-making.” (Consumed, p. 139)