Archives for category: Nevada

Last year, Nevada adopted one of the most radical voucher plans in the nation. Of course, the vouchers are not called “vouchers,” but “education savings accounts.” But the principle is the same. Families will get a tax break worth more than $5,000 if they withdraw their child from public school and enroll them in a private or religious school. There are no limits on who may use these vouchers. In other states, vouchers are available only to those who are low-income or those who are enrolled in schools where test scores are low. In Nevada, anyone can use public money to go where they choose.

Here is a description of the debate.

Nevada is a state that has strong constitutional protections for public schools, but the governor and the legislature have decided that the state constitution doesn’t mean what it says.

One judge said the plan was unconstitutional in January.

One judge upheld the voucher program in May.

Here is what the state constitution says.


Article 11 of the Nevada constitution declares:

Sec: 9.  Sectarian instruction prohibited in common schools and university.  No sectarian instruction shall be imparted or tolerated in any school or University that may be established under this Constitution.

Section Ten.  No public money to be used for sectarian purposes.  No public funds of any kind or character whatever, State, County or Municipal, shall be used for sectarian purpose.
[Added in 1880. Proposed and passed by the 1877 legislature; agreed to and passed by the 1879 legislature; and approved and ratified by the people at the 1880 general election. See: Statutes of Nevada 1877, p. 221; Statutes of Nevada 1879, p. 149.]

You be the judge.

Do you see any ambiguity here? Do you see a constitutional clause that is permissive? Is the phrase “No public money to be used for sectarian purposes” ambiguous?

Angie Sullivan teaches elementary school in Clark County, Nevada (Las Vegas). Most of her children are poor and ELL. She writes often about the disastrous policies imposed on the schools by the legislature.

Angie writes:


Read-by-Three is upon us. Ready to damage disenfranchised kids because as Assemblyman Elliot Anderson stated: They need “tough love”.

I will note here poor children need a lot of things – “tough love” isn’t one of the things.

Basically read-by-three requires students to read on grade level by third grade or they are not promoted to the next grade.

Do you see the fatal flaws?

1. Not research based or proven effective – academically or politically

2. Money diverted so it does not reach the kids who need it the most.

3. Money spent on people who are not directly teaching kids.

4. Language learners and IEP students in double jeopardy without access or support

Let me explain:

A century of education research proving retention does NOT work should be enough.

Simply: Whole group learning did not work the first time so the remedy should not be another year of whole group learning. Repetition of a grade level, without a significant change in the method of instruction does not work. Real remedies would include smaller class-size, differentiated instruction, language learning scaffolding if necessary, or individualized support like tutoring in small groups. The worst possible remedy is blanket retention for large masses of at-risk studennts.

States like Florida which have used this destructive program – are now regretting it. Data shows it failed badly. Academically and politically.

Florida may promote 3rd graders who fail standardized tests

http://www.brookings.edu/research/papers/2012/08/16-student-retention-west

Besides the complete failure of this education policy – Nevada presses forward intent on replication of bad policies of other states.

To add insult to injury, the program is grant based. The Northern school districts applied and received most of the funding. Now Clark County which has 80% of the at-risk primary students will only receive 47% of the money to support kids so they are not retained. While 20% of the children in rural Nevada will receive the bulk of the money and possibly avoid the punitive result.

With the inequitable funding Clark County receives, CCSD is hiring many “read-by-three” strategists. Again – this does not change the method of instructional delivery. Another teacher who is not working with directly with students? This has been very ineffective and tried many times by the district. Teachers who are not assigned students often are assigned lunchroom tasks, playground duty, and paperwork by adminstrators. Very few specialists are effective because they do not work with kids.

Supposedly language learners and students with IEPs will be “exempt”.

Which shows a further flaw, since parents who often do not have an e-mail address must navigate the enrollment system in Infinite Campus accurately identifying their child as LEP. Parents who do not speak English or regularly use the Internet get limited support to go through this process. Accuracy of data in the system is questionable and I have seen many young children enrolling themselves in school because they are the person in the family who uses a computer regularly. Identification is complex and inaccurate.

Also if certain students are “exempt” will they be ignored? Is it better to not mark accurately so a child may receive instruction? Even if this means jeopardy? This is an unintentional result of placing pressure on students and kids. Schools will focus on kids to avoid retention while not focusing on others. Especially when working in a system which is not appropriately funded. Limited resources and too many at-risk kids means tough choices which are unfortunate need to be made.

This is a big civil rights and access problem. Along with being seriously flawed legislation.

It will cost millions of tax payer dollars.

Listening to teachers could have prevented this destruction.

Now teachers will have to make do – while “tough love” lawmakers brag about putting needed information in spam. I hope the campaign donation from reformers was worth it for the assembly democrats.

Reformers enjoy disruption. Disruption is teaching zero kids. It is just destructive.

Here is an exercise in creative and highly political decision making from the bench.

 

District Judge Eric Johnson upheld the state’s voucher plan and ruled that it does not violate the state constitution.

 

In an order dismissing a lawsuit challenging the legislation, District Judge Eric Johnson upheld the constitutionality of Senate Bill 302 as a program “neutral with respect to religion” because parents — not state actors — decide whether they will use an education savings account, or ESA, to pay for tuition at private and religiously affiliated schools.

 

Johnson also ruled a provision in the Nevada Constitution that charges state lawmakers with encouraging education “by all suitable means” permits the ESA program in addition to the public school system.

 

SB 302, passed in the 2015 Nevada Legislature, offers parents about $5,100 in per-pupil state funds to spend on private school tuition, home school expenses and other educational services if they pull their children out of a public school.

 

“The state has no influence or control over how any parent makes his or her genuine and independent choice to spend his or her ESA funds,” Johnson wrote in his decision.

 

“Parents, if they choose to use the ESA program, must expend the ESA funds for secular education goods and services, even if they choose to obtain those services from religion affiliated schools,” he added.

 

His ruling does not guarantee parents immediate access to the ESA program because a Carson City judge in January issued an injunction against its implementation in a separate case challenging SB 302.

 

Most of the money allocated to the Education Savings Account program will be spent in religious schools. But, not to worry, the instruction in religious schools will be secular, not sectarian. Got it?

 

Let’s see what the Nevada state constitution says.

 

Article 11 of the Nevada constitution declares:

 

Sec: 9.  Sectarian instruction prohibited in common schools and university.  No sectarian instruction shall be imparted or tolerated in any school or University that may be established under this Constitution.

 

Section Ten.  No public money to be used for sectarian purposes.  No public funds of any kind or character whatever, State, County or Municipal, shall be used for sectarian purpose.
[Added in 1880. Proposed and passed by the 1877 legislature; agreed to and passed by the 1879 legislature; and approved and ratified by the people at the 1880 general election. See: Statutes of Nevada 1877, p. 221; Statutes of Nevada 1879, p. 149.]

 

Do you see any ambiguity here? Do you see a constitutional clause that is permissive? Is the phrase “No public money to be used for sectarian purposes” ambiguous?

 

You be the judge.

 

 

 

Hugh Jackson wrote this disturbing article for Nevada NPR. It demonstrates the extent to which the charter industry is expanding, bringing in lucrative real estate deals, speculation, and for-profit entrepreneurs from out of state. More than 35,000 students have enrolled in charters, at a cost to taxpayers of a quarter billion dollars.

 

He writes:

 

“Charter schools are publicly funded, but privately operated. The result is a charter-school industry, encompassing what can be a dizzying array of arrangements and contracts between the schools, their unelected boards, state agencies, property developers, for-profit management companies, nonprofit arms of private companies, hedge funds and investment firms, and myriad consultants, contractors and education-industry vendors. Virtually every dollar everyone in the charter-school industry makes is provided by the taxpaying public….

 

“Of the quarter-billion dollars Nevada taxpayers provided to charter schools in 2014-15, more than a fifth of it — $54 million, according to state data — went to schools managed by a single for-profit company, a Florida-based firm called Academica. Established in 1996 and boasting close ties to then-Florida Gov. Jeb Bush, Academica has been the center of numerous controversies in that state, particularly after the Miami Herald reported that the firm used public money to lease real estate from development companies owned by the same people who own Academica, brothers Fernando and Ignacio Zulueta. Academica has also come under fire in Florida for, among other things, setting up a separate “college” in one of its charter high schools and charging taxpayers hundreds of thousands of dollars to provide students with two-year “degrees” of dubious worth.

 

“Academica is not a publicly traded company, and any financial information about the firm is difficult to come by, let alone the type of granular financial reporting that might indicate how much of Academica’s Nevada revenue stays in Nevada, as opposed to flying out of the state as profit.

 

“As a practical matter, Academica is not only relied upon every step of the way, but the instigator. No doubt some charter schools are the result of concerned citizens and parents banding together, from the bottom up, as it were, to fill what they perceive to be a particular educational niche or void. With a new Academica school, the far more likely scenario involves a for-profit company making market-based decisions on location, timing, demographics and such, not unlike Walmart determining where to open a new Sam’s Club. Upon determining that a new project pencils out, Academica finds the statutorily requisite citizen’s charter school board. (The state does not require a charter school board to take competitive bids before selecting a management firm, and such a bidding process would be unthinkable in schools being spearheaded by Academica….).

 

“Enter the investment funds

 

“To be eligible for state funding to build or improve a charter school facility, the school has to have been opened for three years. So it needs financing to bridge the gap between the school’s opening and its eligibility for state facility financing (it’s already receiving operating funds from the state).

 

“The Turner-Agassi Charter School Facilities Fund is one of several for-profit investment funds in the nation that have attracted capital from a) foundations, institutional investors and individuals who are “for” education; and b) hedge funds, investment banks and other investors drawn to generous federal tax credits on income earned from the public through charter-school profits.

 

“Started by Southern California financier Bobby Turner in partnership with long-time Las Vegas charter-school champion Andre Agassi, Turner-Agassi has provided bridge financing for at least four Academica building projects in Nevada and is doing the same for most of Academica’s aggressive expansion in the state.

 

“Here’s more or less how it works:

 

“Turner-Agassi puts up money to develop property for a charter school. After three years, during which time the school, which is to say the public, rents the property from the investment fund, the charter is eligible for state financing to buy the property from Turner-Agassi.

 

“The school is purchased from the investment fund with money raised by revenue bonds issued through the state Division of Business and Industry —
public debt. Charter-school bonds in Nevada are so-called limited-obligation bonds, backed by the school’s revenue (which comes from the state education budget), as opposed to general obligation bonds, backed by revenue from a tax increase. Limited obligation bonds typically pay higher interest rates than general obligation bonds, which translates into higher interest payments for the public when it pays off the debt….

 

“Project dates listed on Turner-Agassi’s portfolio online indicate Academica will be eligible for a first batch of state loans to purchase the investment fund’s developments in 2017.

 

“Meanwhile, regardless of who owns the property the charter school is in, the management company is charging the school, which is to say the public, for management/professional fees on top of salaries, insurance, energy and other operating costs. Those fees can be spread through various categories of school balance sheets provided to the state, but those reports show that in Academica’s case, management fees totaled, at the very least, $3 million in the 2014-15 school year.

 

“The arrangement between Turner-Agassi and Academica is only one model that might be used to finance construction in the charter-school industry.

 

“For instance, a few years ago, Imagine Schools, one of the nation’s largest charter firms, made national headlines at its 100 Academy of Excellence in North Las Vegas when 40 percent of the school’s state-provided revenue was spent on lease payments to a real-estate investment trust. As a Nevada Education Department official told the New York Times in 2010, “After paying for real estate and management, 100 Academy has very little left over for education.”

 

“Shenanigans and accountability

 

“Academica is the undisputed heavyweight of Nevada’s charter-school industry and has the most aggressive expansion plans in the state. But practices at other charter operations have been attracting more — or at least more critical — official scrutiny.

 

“The state of Nevada provided Silver State High School in Carson City nearly $5 million in the 2014-15 school year. Along with all the ways a school might spend the public’s money, Silver State decided one of them was investing in the Wall Street derivatives market. When a member of the school’s board brought the investment to the attention of the State Public School Charter Authority (SPSCA), the authority ruled the investment a no-no and ordered the school closed at the end of the current school year.

 

“Quest Academy, with four campuses in Southern Nevada, received more than $10 million from the state in 2014-15. In October the SPSCA documented how members of the school’s board had hired family members in violation of nepotism regulations. The SPSCA has subsequently dissolved the board, appointed a receiver to oversee school finances, and the SPSCA could ultimately revoke or refuse to renew the school’s charter. This comes three years after the SPSCA forced Quest to restructure its board and fire a principal upon discovering staff was paid thousands of dollars in unauthorized bonuses, and the principal was spending a bunch of unauthorized money on travel and shopping.

 

“As for charter schools being the cradle of innovation, the pedagogical emphasis for which charters are perhaps most renowened is “teaching to the test” even more intensely than testing-obsessed public schools.

 
“And then there are the cyber schools. Yes, in Nevada, online schools are charter schools, too. The largest, Nevada Virtual Academy, operated by the corporate giant K12 Inc., received nearly $30 million in public funds in 2014-15 to provide online education to 2,600 students, a per-student cost of $11,500. Per-student spending at Academica schools averaged, by contrast, less than $8,000.

 

“Higher per-student spending at an online school seems counterintuitive. After all, there is no property to develop, no classrooms or desks. But as cyber schools have emerged as one of the largest segments of the charter-school industry, they’ve become renowned not only for poor performance, but also for frenetic enrollment churn. Online schools market heavily to attract students, but online learning isn’t for everyone, and many students withdraw to return to brick-and-mortar schools. That churn could manifest itself as higher costs in lots of ways. The state can be charged for students who are no longer in the schools (as was found in a Colorado audit of K12 a few years ago). Or the state gets saddled for up-front student costs even if those students leave later. Or in K12’s case, maybe the company just isn’t very good at holding down costs: Nevada Virtual Academy spent more than $2 million for textbooks last year. Academica, with nearly three times as many students, spent $219,000. State data indicates K12’s management fees, at least $4 million, were also larger than Academica’s.

 

“Proposed rules would effectively give the SPCSA additional authority to force a charter school to fire its management organization and make it easier for the authority to deny a charter school’s renewal.

 

“The most adamant objections to those rules have been filed by Nevada Virtual Academy and the state’s second largest cyber charter school, Nevada Connections, owned by the international corporate education giant Pearson Inc.

 

“The cases of Silver State and Quest, as well as the proposed regulations, appear to reflect a commitment of the SPCSA and its executive director, Patrick Gavin, to try to hold charter schools accountable.

 

“It might be a tall order. Although Nevada’s charter-accountability regulations were hailed as improved in a recent national report, that report noted that the SPSCA does not have the requisite staff to conduct consistent monitoring crucial to effective regulation. The standard recommended staff is roughly one monitor for every 1,000 charter-school students. In Nevada, Gavin estimates it is closer to one for every 5,000. The SPSCA is funded by fees charged to authority-sponsored schools, currently about one percent of a school’s operating budget. Boosting those fees will be a top SPCSA priority when the Legislature meets next year.

 

“Why are we doing this, anyway?

 
“Everyone is in favor of choice in education,” Ryan Reeves, director of Academica’s Nevada operations, told the Review-Journal in 2014.

 

“It’s a seductive argument in an era when identity and self-worth are often shaped by where one shops.

 

“And charters are breaking down barriers erected by decades of entrenched education bureaucracy, thus reinvigorating education with a spirit and dedication that just can’t be found in tired public schools lumbering along under the weight of oppressive administrative bloat. Indeed, charter schools are the heart of education innovation.

 

“Or so the argument goes.

 

“Independent analysis suggests otherwise. Assessments conducted by the Center for Research on Education Outcomes (CREDO) at Stanford University are frequently cited by the media and charter-school supporters. Yet even the results of CREDO’s most recent national study were mixed at best, finding charter schools performing slightly, if at all, better than traditional schools at reading, and performing, if anything, worse than traditional schools in math. Critics charge that even CREDO’s modest findings overstate the performance of charter schools.

 

“As for charter schools being the cradle of innovation, the pedagogical emphasis for which charters are perhaps most renowned is “teaching to the test” even more intensely than testing-obsessed public schools — test scores being the key, if not the only, means of assessing educational outcomes in a publicly funded but privately run school….

 

“A good portion of the public acceptance of charters is attributed to what is sometimes called “sector agnosticism” — the view that how a school is managed, or who makes money from it, is irrelevant so long as the results are good.

 

“But charter companies and pro-charter politicians and advocates are anything but agnostic. The rapid growth of the charter-school industry has been accompanied by relentless and disingenuous attacks on public schools and the people who work in them. The interest groups, ideologues and politicians who most zealously promote “school choice” are often the most eager to malign public institutions.

 

“Charter schools emerged on the scene more than a quarter century ago as laboratories where public-school systems could test methods, and the most promising results could be implemented elsewhere in public schools. Some charter supporters, parents and charter-industry executives and investors obviously mean well and still view charters as an overall benefit to the public good.

 

“But today’s charter industry, much like Nevada’s voucher plan, reflects a chronic civic defeatism. Echoing the perverse social Darwinism of more than a century ago, faith in free-market education is a surrender to pessimism. Society really isn’t incapable of providing a fair educational opportunity to every citizen. Some people are doomed to fail, that’s just the way it is, so best to segregate those with promise, the achievers, in separate schools. As for everyone else, well, too bad for them.

 

“In the meantime, capitalizing on politically correct disdain for public institutions and a consumer culture’s visceral embrace of “choice,” and truly impressed by the steady flow of public money through the public-education revenue stream, the private sector is working feverishly … maybe to create quality schools, but definitely to drain more and more money from that stream.”

 

There are three so-called achievement school districts in the nation that have some history. One in Tennessee, one in Michigan, one inNew Orleans. The three are so what different: New Orleans district is all-charter, all privatized. The other two were created by the legislature to gather the state’s lowest-scoring schools into a single district, then turn them over to charter operators.

 

Opinions differ about New Orleans, but no one claims that it has closed achievement gaps or left no child behind. It is not a miracle district. Some critics have called it the lowest performing district in one of the lowest performing states.

 

Michigan’s Education Achievement Authority has no defenders. It is a disaster.

 

The Tennessee Achievement District was studied by Vanderbilt researchers, who reported there was no statistically significant improvement in test scores. Gary Rubinstein looked at state data and concluded that there was virtually no improvement: the lowest performing schools are still very low performing schools.

 

Yet Georgia and North Carolina both plan to create achievement school districts, and now Nevada wants one too. Why? It must be ALEC model legislation.

 

Angie Sullivan wrote this about Nevada, where she teaches:

 

“This was the scary announcement yesterday in Nevada Education:

 

“Board of Examiners meeting Tuesday, Canavero announced the appointment of Jana Wilcox-Lavin as the superintendent-in-residence of a new Achievement School District.

 

“Based on similar models in Louisiana and Tennessee, the state-run district will hand over control of persistently failing schools to charter management organizations.

 

http://m.reviewjournal.com/news/education/state-board-examiners-oks-contract-research-firm-evaluate-success-school-reforms”

_________________
“Can someone explain to me why Nevada would want to create an Achievement School District – just as other states are closing their failing achievement school districts?

 

“Does anyone in the Department of Education or on the Nevada State School Board have google? I strongly suggest everyone google: achievement school districts Tennessee or Lousiana.

 

“Does anyone do research before they make these expensive decisions?

 

“It is obvious that the real plan is to privatize and destroy public schools like Tennesse and Louisiana. The data is in and students did not do better after expensive achievement school districts were created there. Extreme and documented failure.

 

“We are hiring someone from those failures to create a Nevada failure?

 

“Why are we doing this?

 

Tennessee: Legislators Propose Closing “Achievement School District”

 

Gary Rubinstein Reviews the Failure of the Tennessee Achievement School District

 

Tennessee: Memphis School Board Calls for Moratorium for Achievement School District

 

Tennessee: “Achievement School District” In Search of High-Performing Students

 

Tennessee Dad: It’s Time to Dump the “Achievement School District”

 

https://dianeravitch.net/category/new-orleans/

 

Andy Spears: Is Tennessee Sick of the (Low) Achievement School District?

 

North Carolina Parents: We Don’t Want an “Achievement School District”


“Bottom line: Business does not do better at running schools. Business type reforms are not changing schools for the better.

 

“The same data system that kills public schools -shows that privatization and business ran schools fail too – usually worse and more expensive.

 

“Somehow we are supposed to only use data to kill public schools but then ignore data that suggests expensive reforms are failures?

 

“Doesn’t Nevada already have enough failing segregated disenfranchising charters? Why don’t we clean up the charter messes we already made -rather than import a mess maker from another state to make another mess. Why are we renewing failing charters?

 

“We better start thinking about kids Nevada – rather than about making some business people very rich at the expense of our kids.

 

“We do not need to be scammed like Lousiana and Tennessee.

 

“Scary.

 

“Angie”

The Education Law Center reports that the Nevada Supreme Court will review a lower court decision that enjoined the state’s new voucher program. Nevada’s legislators enacted the most sweeping voucher program in the nation, despite the fact that the state constitution says unequivocally that public money appropriated by the legislature is to be used only for public schools. Now, we will learn whether conservatives are serious when they claim to believe in a “strict” interpretation of the federal and state constitutions. Even as conservatives celebrate the late Justice Antonin Scalia for his “originalist” interpretation of the Constitution and laws, conservatives in states like Nevada are twisting and ignoring their state constitution to destroy public education. The same thing happened in Indiana, where the state constitution was written to prevent public funding of religious schools. The court, dominated by conservatives, found a way around the clear words of the state constitution to allow the new voucher program to proceed. At the very least, they could call a referendum to change the state constitution, but they didn’t and they won’t. That might lead to a loss, as it has for every voucher referendum. Original language be damned.

VOUCHER CASE MOVES TO NEVADA SUPREME COURT

Nevada Attorney General Adam Laxalt has asked the State Supreme Court for expedited review of a preliminary injunction blocking implementation of Senate Bill 302, the State’s unlimited private school voucher law.

In response to the Attorney General’s request, the Nevada Supreme Court has scheduled the parties to file briefs by early April. The Supreme Court has deferred oral argument on the case until the Court has the opportunity to review the briefs.

The lawsuit, Lopez v. Schwartz, was filed by five parents of public school children from across the state. The parents challenged the vouchers authorized by the law, called Education Savings Accounts (ESAs), which would be paid for by taking funds allocated by the Legislature for the public schools. The parents claim that ESAs, by diverting funding from public schools, will trigger cuts to essential programs and services and cause harm to their children and other children attending Nevada’s public schools.

In October 2015, the Plaintiff parents moved for a preliminary injunction to block State Treasurer Dan Schwartz from implementing the ESA law. The State Treasurer had set February 1, 2106, as the date to begin taking public school funding to pay for ESAs. The Treasurer has estimated that ESAs would result in a $17 million reduction in public school funding in 2016 alone, and that amount is expected to significantly increase in future years.

On January 11, 2016, Judge James Wilson of the First Judicial District Court in Carson City ruled the Plaintiff parents demonstrated that ESAs likely violate two provisions of the Nevada Constitution.

Judge Wilson explained that the Nevada Constitution requires the Legislature to appropriate funds for the operation of the public schools, which “must only be used to fund the operation of the public schools.” The Court continued that, if implemented, ESAs will mean “some amount of general funds appropriated to fund…the public schools will be diverted to fund” ESAs, and that this diversion of funds will reduce public school funding below the level deemed sufficient by the Legislature.

Judge Wilson also found that the parents “have [proven] that SB 302 violates Article 11, Sections 6.1 and 6.2” [of the Nevada Constitution], and that ESAs will cause irreparable harm to public school children. Judge Wilson issued an injunction to prevent the State Treasurer from implementing the law.

While other states have enacted various types of voucher programs, Nevada is the first to directly take funding from public schools to pay for private schooling. Nevada’s ESA program also has no cap on the amount of funding that can be taken from the public schools, or any income limits on households that can qualify for a voucher.

The public school parents are represented pro bono by Education Law Center; Munger, Tolles & Olsen in Los Angeles; and Wolf Rifkin in Las Vegas. ELC is also a partner in Educate Nevada Now!, a campaign to improve educational opportunities for Nevada public school children, with support from the Rogers Foundation.

For more information about the Lopez v. Schwartz voucher case, visit these pages on the ELC website.

Education Law Center Press Contact:
Sharon Krengel
Policy and Outreach Director
skrengel@edlawcenter.org
973-624-1815, x 24

Angie Sullivan, kindergarten teacher in Clark County (Las Vegas), Nevada, works in a school that is eligible for “turnaround.” All the teachers were called for interviews. Here is her report on what happened:

 

 

The CCSD turnaround school selection process is a nonsensical destructive monster. They claim school turnaround is based on data – and this is a lie. This CCSD “empire” needs to be reviewed and reconsidered.

 

At a time when 30,000 CCSD students do not have a licensed teacher – the highly qualified fully licensed teachers at my school were “interviewed” yesterday. The main product of the turnaround interview: scaring real teachers who have been under threat of interview since December 15th.

 

There are plenty of schools in the district to “turnaround” since many places have only long term substitutes as staff. Opportunties for “take-over” are plentiful.

 

There is no good reason to threaten to implode a fully staffed CCSD school by interviewing us all day.

 

I was interviewed last year and this year. The strange turnaround interview questions are all about assessment and data driven instruction. I understand from the questioning – someone powerful thinks data is learning.

 

I will state here – it is not. Kids are more than a score. If the focus is only data – a full education is not obtained. Period. Many, many things are learned by students in my classroom everyday which will never be measured but are essential. Data is a tool – one tool. That is all. And computer data is only one snap-shot in time and measure what computer data can measure. That is all. Data will only measure a small piece of learning.

 

For those of you who do not know what turnaround is . . .

 

The district takes a school with low standardized scores and removes the principal and interviews the staff. Some staff are allowed to stay but many teachers have to find a new place to work. It implodes the school. Then “turns the school around” by over-testing and micro-managing the staff and students. It is not proven to be effective. If you study results of turnaround schools across the United States – it has not been a success. It is proven to be scary and disruptive – removing teachers and dispacing them. It is primarily used to re-organize schools with students and parents who cannot effectively advocate for themselves. Children of color re-organized into robotic scary testing scripted education environments. At a time when the teachers were fighting for pay and insurance, “turnaround” CCSD administrators were at the school board asking for another test for African American students. The turnaround focus is not on finding and retaining geat teachers or caring about students – the focus is improving testing scores.

 

Having gone through the turnaround interview process twice now – I am convinced it is most effective at targeting veteran teachers and harrassing them.

 

Why do I say this?

 

My school has not been able to use standardized tests for two years. We were a pilot school for SBAC in 2014 and it didn’t run. Then last year 2015 when SBAC was implemented for all Nevada – SBAC failed across the state. Our last valid standardized testing was three years ago 2013 because that was when the computers could run the test.

 

My school has no current standardized data.

 

Turnaround is based on standardized testing – but the testing hasn’t happened.

 

I was interviewed because of testing my school did three years ago in 2013? Mysterious data qualified my school for turnaround.

 

Some of the other assessments that could have been used are questionable as far as accuracy – I mentioned this openly to the interviewers. My direct langauage was: They are crap because they are.

 

There is an current environment in which we are not encouraged to openly question the validity of the tests we are mandated to use – but we should. Just because someone spent a lot of money doesn’t meanwhile it is a worthwhile test.

 

My school keeps having to interview because my school computers did not run the test in 2014 and 2015?

 

I kept asking at the interview which data was being used because we haven’t been able to test our kids for two years. We have a lot of data from other types of tests. Which mystery data was driving the turnaround selection process? No one could tell me why my school was selected or which data my school “failed” to be selected for turnaround.

 

Selection of my school to interview this year was random.

 

Admin used the words data to justify harrassing my school staff and no one was supposed to question. I am very angry. Being randomly interviewed based on events in 2013 is harrassment. And this was the answer I was given when I asked.

 

The turnaround interview team who was sent did not know why they were there. I asked them.

 

The turnaround interview team asks sterile weird questions about data and assessment and evalution. I told them many important things that would be helpful if people cared – but the computerized form did not allow for them to record this input. If it did not fit into the computerized interview slot – it was rejected and not needed. This was not an interview where I could particpate.

 

Some of the questions were encouraging staff to disparage each other. I don’t appreciate interviews that ask me to talk badly about the people I work with. Schools are a community and teachers should help each other.

 

Some of the questions were asking me to disparage my administrator. I felt like asking if I needed to invoke Weingarten Rights and get a union representative to help me. My adminstrator is excellent because kids come first.

 

Some of the questions were encouraging staff to evaluate each other by wandering around other classrooms. Teachers should not be encouraged to “spy” on each other – it destroys a schools environment when this happens. We learn best from each other but not if staff are encourage to report so teachers will be punished.

 

Some of the questions were degrading and insulting. Yes or No questions with no win-win answers. Totally frustrating because teaching is not black and white.

 

What are the components of an effective lesson? This old teacher would frankly state there are many effective ways to instruct – which one do you want? What subject are you teaching? What is the goal of the lesson? Again – no one right answer.

 

I consider the whole turnaround interview process harrassment. It felt like an attack on my due process and like I was set up to fail. The interview people were nice enough but sent to fill in the blanks not to help my school. The scare tactic of interviewing teaching staff with decades of experience is not nice. It is bullying and union-busting. Period.

 

I think the decision has already been made somewhere far away from my classroom – but they were instructed to torture us anyhow to prove some point or meet a random goal.

 

None of the questions asked about kids. I offered but it didn’t fit in the blank.

 

This interview was not about caring or authentic instruction which is essential to real learning. This interview could not provide any real information to anyone about what actually goes on in my classroom.

 

It was an investigation about my peers, my principal, and my data.

 

I feel like my union representation should have been there.

 

___________________

In summary:

 

Turnaround being data driven is a lie. It is random and scary. Any school could be selected at anytime and my school proves this. Current CCSD turnaround interviews are terrible data too – since the computer only allows certain answers to be recorded.

 

The district has many, many places which are ripe to “turnaround” because they are decimated already. Threatening to destroy my school so someone powerful can check off a box somewhere for money is ridiculous.

 

The computers not working at my school – this is a problem that is not solved by interviewing my staff. My school does not have the tools to give anyone reliable data.

 

Everyone needs to be asking frank questions about the turnaround selection process and this empire as a whole. CCSD turnaround grabbing a school like mine to interview makes absolutely zero sense unless something outside of valid data is actually the basis for being considered.

 

The CCSD turnaround monster is gobbling up real teachers and students. Is it making progress according to its own teribble strict data collection?

 

Someone needs to be asking questions. Big ones.

 

And I will state the obvious – we are short licensed highly qualified teachers.

 

Even on my worst day, I’m better than a long term sub who doesn’t have a college degree. You get rid of people like me and replace me with whom?

 

What are we doing?

 

Crazytown. Stressful. Waste of time and money.

The Foundation for Excellence in Education, founded by Jeb Bush, but now run by Condoleeza Rice, called for an immediate reversal of the Nevada decision halting the state’s voucher program. They said it would cause “irreparable harm” to the less than 1% of the state’s students who signed  up for vouchers.

 

 

ExcelinEd Calls for Immediate Reversal of Nevada Education Savings Account Program Injunction

 

Tallahassee, Fla. – Today, Carson City District Court Judge James Wilson granted a preliminary injunction that orders the State Treasurer to stop implementing Nevada’s new education savings accounts pending further court deliberations.

 

 

Patricia Levesque, CEO of the Foundation for Excellence in Education (ExcelinEd), released the following statement.

 

 

“Today’s action by a Nevada District Judge to block the groundbreaking new Education Savings Accounts program will harm Nevada families and their ability provide a great education for their children. Every child deserves access to the education that will empower them to succeed. And parents should be able to choose the best education option for their children. Today’s action will cause irreparable harm, disruption and uncertainty for Nevada families and the 4,100 children who were counting on these accounts for their education. ExcelinEd calls for the immediate overturning of this Judge’s harmful action.”

 
###

 

Statement from @ExcelinEd calls for immediate reversal of injunction in Nevada. Read here:http://bit.ly/1mSCzZr #NVed #NVleg
Today, Nevada judge granted injunction to stop implementing ESAs. @ExcelinEd calls for immediate reversal http://bit.ly/1mSCzZr #nved

Yesterday, a district judge in Nevada ruled that state’s “education savings accounts” (aka vouchers) to be unconstitutional. Here is an analysis of the opinion by some of the legal team for the parents who sued the state.

 
Here is the link. It contains a link to the decision itself.

 

COURT DECLARES NEVADA VOUCHER LAW VIOLATES STATE CONSTITUTION

PUBLIC SCHOOL PARENTS WIN INJUNCTION TO STOP IRREPARABLE HARM

 
January 11, 2016

 

 

Judge James Wilson of the First Judicial District Court of Nevada (Carson City) held in Lopez v. Schwartzthat the state’s school voucher law (SB 302) enacted last summer by the Legislature violates two provisions of the Nevada Constitution. Judge Wilson issued a preliminary injunction to prevent the State from implementing the law.

 
The case challenging the voucher law was filed by parents of Nevada public school children from across the state. They argued that the program would divert scarce funding from public schools, triggering cuts to essential programs and services for their children and all other children attending Nevada’s public schools. 

 
The Court explained that the Nevada Constitution requires the Legislature to appropriate funds for the operation of the public schools, which “must only be used to fund the operation of the public schools.” [Nevada Constitution, Article 11, Sections 6.1 and 6.2.] However, the Court continued, under the voucher law, if implemented, “some amount of general funds appropriated to fund…the public schools will be diverted to fund” the vouchers for private school tuition and other uses. 

 
Judge Wilson further found that the parents “have [proven] that SB 302 violates Article 11, Sections 6.1 and 6.2, and that irreparable harm will result if an injunction is not entered. Therefore an injunction will issue to enjoin Treasurer Schwartz,” who is charged with implementing the law, from doing so.

 
“This is a clear victory for the 460,000 children attending Nevada’s public schools,” said David G. Sciarra, ELC Executive Director and member of the legal team representing the plaintiffs. “We’re pleased that Judge Wilson found that the Legislature cannot take funding designated for the operation of the public schools and transfer that funding to private schools and other private education expenses.”
The Court will next schedule a trial on the merits. 

 
The pro bono counsel representing the parents in their lawsuit include Education Law Center in Newark and Las Vegas; Wolf, Rifkin, Shapiro, Schulman & Rabkin LLP based in Nevada; and, Munger, Tolles & Olson in Los Angeles.

 
The Attorney General is representing the State of Nevada and defending State Treasurer Dan Schwartz. 

 

Also- this is from Educate Nevada Now

 

 

JUDGE WILSON RULES IN FAVOR OF NEVADA PARENTS

Grants Preliminary Injunction To Block

Unconstitutional Private School Voucher Law

 

 

LAS VEGAS, NV (Jan. 11, 2016) – Today, Judge James Wilson in the First Judicial District Court in Carson City issued an order halting implementation of Nevada’s unlimited voucher program. The ruling is a clear victory for the children attending public schools all across the state.

 
Educate Nevada Now (ENN), powered by The Rogers Foundation, stands fully behind these parents’ efforts to safeguard Nevada’s public schools.

 
Judge Wilson’s ruling grants a preliminary injunction to halt implementation of Senate Bill 302 (SB302), a private school voucher law that would have otherwise diverted funds from public schools beginning as early as February. 

 
“Not only the plaintiffs won today,” said Sylvia Lazos, ENN’s Policy Director. “Judge Wilson’s ruling is a victory for all 460,000 public school children in Nevada, their parents, teachers, administrators and school board members. We are thrilled with the decision and look forward to continuing dialogue focused on improving our state’s education systems.”

 
Today’s decision upholds the important legal principle that the Nevada Constitution protects the educational rights of all children. It also affirms the Constitutional requirement that public school funding, once earmarked by the Legislature, can only be dedicated to supporting public education and nothing else.

 

 

The legal team representing Nevada parents in this case are working pro bono. The team consists of: Tamerlin J. Godley, Laura Mathe, Samuel Boyd and Thomas Clancy of Munger, Tolles & Olson, LLP; Don Springmeyer, Justin Jones and Bradley Schrager of Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP; and David Sciarra and Amanda Morgan of the nonprofit Education Law Center, a partner of ENN and The Rogers Foundation.

 
For more information, visit http://www.educatenevadanow.com or follow on Facebook, Twitter and Instagram.

 
About Educate Nevada Now

 

Educate Nevada Now, powered by The Rogers Foundation, is a multi-year campaign aimed at securing school finance reform and improving education outcomes and opportunities for all of Nevada’s public school children. The campaign raises awareness about the need for school funding reform, engages parents, students, and community and statewide stakeholders in the effort, conducts critical research, proposes policies to address funding and resource deficiencies, and ensures the effective and efficient use of resources in schools and districts. A centerpiece of the Educate Nevada Now strategy is to break legislative gridlock and move the focus to the rights of children. For more information, visit http://www.educatenevadanow.com.

 
About The Rogers Foundation

 
The Rogers Foundation is a 501(c)(3) non-profit organization based in Las Vegas, Nevada. Founded in 2013 by James E. and Beverly Rogers, The Rogers Foundation awards scholarships to individual students in Southern Nevada and grants to educational institutions, artists and organizations that support the arts in Southern Nevada. For more information, visit http://www.therogers.foundation.

# # # 

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Ryan Marquardt

ryanm@jeffwagneragency.com

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At least two lawsuits have been filed to stop Nevada’s sweeping “education savings account” legislation, which would allow parents to use public funds to enroll their children in private or religious schools or for home schooling. Today, District Judge James E. Wilson, Jr., ruled in one of those cases. He issued a preliminary injunction against the law, in that it does irreparable harm to the parents who sued by diverting public funds from public schools.

 

I will post more tomorrow on this decision.