Peter Greene realized that supporters of public education have been lacking the very thing that catches the attention of the public and the media: reports backed by data. Especially reports that rank states as “the worst” and “the best.”
Greene’s Curmudgation Institute constructed rubrics to rate the states and developed the Public Education Hostility Index. He has created a website where he defines his methodogy and goes into detail about the rankings.
The #1 ranking, as the state most hostile to public education, is Florida.
The state least hostile to public education is Massachusetts.
Where does your state rank? Open the link and find out.
The Wall Street Journal, owned by billionaire RupertMurdoch (who also owns Fox News), runs a steady diet of anti-public school editorials. Sometimes they bash public schools. Sometimes they praise charter schools and vouchers. Sometimes they do all of this in the same editorial. While an opinion piece that expresses a dissenting opinion occasionally gets published, it’s fair to say that the WSJ does not like public schools. In my last book, Slaying Goliath, I praised retired Austin librarian Sara Stevenson for responding to every WSJ vilification of public schools.
Peter Greene responded to the opinion piece by law professor Philip Hamburger, who claimed that public schools are not “constitutional” because they suppress parents’ freedom of speech, that is, their ability to ensure that their children hear, read, and learn only what their parents want them to learn.
Greene begins:
Last Friday, the Wall Street Journal (Fox News’ upscale sibling) published an op-ed from Philip Hamburger, a Columbia law professor and head of the New Civil Liberties Alliance, a Koch-funded pro bono firm that takes cases primarily to defend against the “administrative state.” It’s a hit job on public education with some pretty bold arguments, some of which are pretty insulting. But he sure says a lot of the quiet part out loud, and that makes this worth a look. Let me walk you through this. (Warning–it’s a little rambly, and you can skip to the last section if you want to get the basic layout)
Hamburger signals where he’s headed with the very first paragraph: The public school system weighs on parents. It burdens them not simply with poor teaching and discipline, but with political bias, hostility toward religion, and now even sexual and racial indoctrination. Schools often seek openly to shape the very identity of children. What can parents do about it?
Hamburger offers no particular evidence for any of this catalog of arguable points. Various surveys repeatedly show that the majority of parents approve of their child’s public school. The rest is a litany of conservative complaints with no particular evidence, but Hamburger needs the premise to power the rest of his argument.
So here comes Hamburger’s bold assertion:
Education is mostly speech, and parents have a constitutional right to choose the speech with which their children will be educated. They therefore cannot constitutionally be compelled, or even pressured, to make their children a captive audience for government indoctrination. Conservative talking points about public education routinely assert and assume that public education is a service provided to parents, rather than to the students or society at large. It’s case I’ve never seen them successfully make. At the same time, society’s stake in educated members is clear and the entire rationale behind having non-parent taxpayers help pay the cost of public education. In any other instance where the taxpayers subsidize a private individual’s purchase of goods or service (e.g. food stamps, housing), some conservatives say the social safety net is a Bad Thing, so it’s uncharacteristic for them to champion public education as, basically, a welfare program for parents when they want to dramatically reduce all other such programs to bathtub-drowning size (spoiler alert: they’d like to do that with public education, too).
But Hamburger has taken another step here, arguing that speech to children somehow belongs to their parents. It’s a bold notion–do parents somehow have a First Amendment right to control every sound that enters their children’s ears? Where are the children’s rights in this? Or does Hamburger’s argument (as some angry Twitter respondents claim) reduce children to chattel?
Hamburger follows his assertion with some arguments that don’t help. He argues that public education has always attempted to “homogenize and mold the identity of children,” which is a huge claim and, like much of his argument, assumes that schools somehow have the power to overwrite or erase everything that parents have inculcated at home. But then, for the whole argument currently raging, it’s necessary to paint public schools as huge threat in order to justify taking dramatic major action against them….
But “education is speech” is not the really bold part of his argument. That really bold part is where he goes on to say “therefor, parents should have total control over it.” I have so many questions. Should parents have total control over all speech directed at or in the vicinity of their children, including books, and so would I be violating a parent’s First Amendment rights if I gave their child an book for Christmas? And where are the child’s rights in this? Would this mean that a parent is allowed to lock their child in the basement in order to protect that parent’s First Amendment right to control what the child is exposed to?
Hamburger’s argument has implications that he doesn’t get into in his rush to get to “do away with them and give everyone vouchers.” The biggest perhaps is that he has made an argument that non-parent taxpayers should not have to subsidize an education system. I’m betting he’s not unaware of that.
Please open the link and read the rest of the article.
The Wall Street Journal recently published a screed against the very existence of public schools, written by a libertarian lawyer. Imagine teaching in a school where children are allowed to learn only what their parents already believe, no matter how bizarre or hateful it may be. Imagine the difficulty of having a coherent society where there are no compromises, no bonds of mutuality among people of different faiths and ethnicities. The illustration accompanying the article shows the government turning diverse children into identical cookie cutter people. No one today could reasonably argue that the people of the United States, 90% of whom were educated in public schools, have identical views, values, and beliefs. It is Libertarians who would have all of our children molded into clones of their parents and grandparents, with everyone attending schools that narrowly confined them to their own religious, racial, and ethnic enclave. In reality, private sectarian schools are far more likely to “indoctrinate” children than are public schools that include teachers and children from different backgrounds.
Is the Public School System Constitutional?
Education consists mostly in speech, and parents have a right under the First Amendment to exercise authority over what their children hear.
By Philip Hamburger Oct. 22, 2021
ILLUSTRATION: PHIL FOSTER
The public school system weighs on parents. It burdens them not simply with poor teaching and discipline, but with political bias, hostility toward religion, and now even sexual and racial indoctrination. Schools often seek openly to shape the very identity of children. What can parents do about it?
“I don’t think parents should be telling schools what they should teach,” Terry McAuliffe, the Democratic nominee for governor of Virginia, said in a Sept. 28 debate. The National School Boards Association seems to agree: In a Sept. 29 letter to President Biden, its leaders asked for federal intervention to stop “domestic terrorism and hate crimes” against public school officials. Attorney General Merrick Garland obliged, issuing an Oct. 4 memo directing law-enforcement agents and prosecutors to develop “strategies for addressing threats against school administrators, board members, teachers, and staff.”
Mr. Garland’s memo did acknowledge that “spirited debate about policy matters is protected under our Constitution.” That is true but doesn’t go nearly far enough. Education is mostly speech, and parents have a constitutional right to choose the speech with which their children will be educated. They therefore cannot constitutionally be compelled, or even pressured, to make their children a captive audience for government indoctrination.
Public education in America has always attempted to homogenize and mold the identity of children. Since its largely nativist beginnings around 1840, public education has been valued for corralling most of the poor and middle class into institutions where their religious and ethnic differences could be ironed out in pursuit of common “American” values.
The goal was not merely a shared civic culture. Well into the 20th century, much of the political support for public schooling was driven by a fear of Catholicism and an ambition to Protestantize Catholic children. Many Catholics and other minorities escaped the indoctrination of their children by sending them to private schools.
Nativists found that intolerable. Beginning around 1920, they organized to force Catholic children into public education. The success of such a measure in Oregon (with Democratic votes and Ku Klux Klan leadership) prompted the Supreme Court to hold compulsory public education unconstitutional.
The case, Pierce v. Society of Sisters (1925), was brought by a religious school, not a parent. The justices therefore framed their ruling around the threat to the school’s economic rights. But Pierce says that parents can educate their children outside state schools in accord with the parents’ moral and religious views.
Although the exact nature of this parental freedom is much disputed, it is grounded in the First Amendment. When religious parents claim the freedom, religious liberty seems an especially strong foundation. But the freedom of parents in educating their children belongs to all parents, not only the faithful. Freedom of speech more completely explains this educational liberty.
Education consists mostly in speech to and with children. Parents enjoy freedom of speech in educating their children, whether at home or through private schooling. That is the principle underlying Pierce, and it illuminates our current conundrum.
The public school system, by design, pressures parents to substitute government educational speech for their own. Public education is a benefit tied to an unconstitutional condition. Parents get subsidized education on the condition that they accept government educational speech in lieu of home or private schooling.
There is nothing unconstitutional about taxation in support of government speech. Thus taxpayers have no generic right against public-school messages they find objectionable.
But parents are in a different situation. They aren’t merely subsidizing speech they find objectionable. They are being pushed into accepting government speech for their children in place of their own. Government requires parents to educate their children and offers education free of charge. For most parents, the economic pressure to accept this educational speech in place of their own is nearly irresistible.
To be sure, Pierce doesn’t guarantee private education. It merely acknowledges the right of parents to provide it with their own resources. And one may protest that economic pressure is not force. But the Supreme Court has often ruled otherwise.
Merely denying a government benefit will often suffice to violate a right—as when government refuses a benefit without a hearing (Goldberg v. Kelly, 1970), denies a grant on account of the recipient’s religious beliefs (Trinity Lutheran v. Comer, 2017), or subsidizes a media organization on the condition that it refrain from editorializing (FCC v. League of Women Voters, 1984). Financial pressures clearly count.
When government makes education compulsory and offers it free of charge, it crowds out parental freedom in educational speech. The poorer the parents, the more profound the pressure—and that is by design. Nativists intended to pressure poor and middle-class parents into substituting government educational speech for their own, and their unconstitutional project largely succeeded.
Most parents can’t afford to turn down public schooling. They therefore can’t adopt speech expressive of their own views in educating their children, whether by paying for a private school or dropping out of work to home-school. So they are constrained to adopt government educational speech in place of their own, in violation of the First Amendment.
A long line of Establishment Clause decisions recognize the risk of coercion in public-school messages. In Grand Rapids School District v. Ball (1985), the high court condemned private religious teaching in rooms leased from public schools. “Such indoctrination, if permitted to occur, would have devastating effects on the right of each individual voluntarily to determine what to believe (and what not to believe) free of any coercive pressures from the State,” Justice William Brennan wrote for the majority.
Coercion seemed central in such cases because of the vulnerability of children to indoctrination. Summarizing the court’s jurisprudence, Justice Sandra Day O’Connor, concurring in Wallace v. Jaffree (1985), observed that “when government-sponsored religious exercises are directed at impressionable children who are required to attend school, . . . government endorsement is much more likely to result in coerced religious beliefs.”
These precedents concern only religion in public schools and the coercive effect on children under the Establishment Clause. But the danger of coerced belief is not confined to official religious speech. Subjecting children to official political, racial, sexual and antireligious speech can be equally coercive. And if public-school messages are so coercive against children, it is especially worrisome that parents are being pressured to adopt public educational speech in place of their own.
Rights are “exceptions” to power, James Madison observed. That is, rights defeat power. But contemporary judicial doctrine allows power to defeat rights—at least when government asserts what is called a compelling interest. One might think that a state’s compelling interest in public education overpowers any parental speech right. Yet because such analysis allows power to subdue rights, it is important to evaluate whether the claimed government interest is really compelling.
The U.S. was founded in an era when almost all schooling was private and religious, and that already suggests that any government interest in public education is neither necessary nor compelling. Further, the idea that public education is a central government interest was popularized by anti-Catholic nativists. Beginning in the mid-19th century, they elevated the public school as a key American institution in their campaign against Catholicism.
In their vision, public schools were essential for inculcating American principles so that children could become independent-minded citizens and thinking voters. The education reformer and politician Horace Mann said that without public schools, American politics would bend toward “those whom ignorance and imbecility have prepared to become slaves.”
That sounds wholesome in the abstract. In practice, it meant that Catholics were mentally enslaved to their priests, and public education was necessary to get to the next generation, imbuing them with Protestant-style ideas so that when they reached adulthood, they would vote more like Protestants.
This goal of shaping future voters gave urgency to the government’s interest in public education. As today, the hope was to liberate children from their parents’ supposedly benighted views and thereby create a different sort of polity. Now as then, this sort of project reeks of prejudice and indoctrination. There is no lawful government interest in displacing the educational speech of parents who don’t hold government-approved views, let alone in altering their children’s identity or creating a government-approved electorate.
The inevitably homogenizing, even indoctrinating, effect of public schools confirms the danger of finding a compelling government interest in them. A 1904 nativist tract grimly declared that the public school is “a great paper mill, into which are cast rags of all kinds and colors, but which lose their special identity and come out white paper, having a common identity. So we want the children of the state, of whatever nationality, color or religion, to pass through this great moral, intellectual and patriotic mill, or transforming process.”
The idea of a common civic culture among children is appealing when it develops voluntarily, but not when state-approved identities and messages are “stamped upon their minds,” as the 1904 tract put it. Far from being a compelling government interest, the project of pressing children into a majority or government mold is a path toward tyranny.
The shared civic culture of 18th-century America was highly civilized, and it developed entirely in private schools. The schools, like the parents who supported them, were diverse in curriculum and their religious outlook, including every shade of Protestantism, plus Judaism, Catholicism, deism and religious indifference.
In their freedom, the 18th-century schools established a common culture. In contrast, public-school coercion has always stimulated division. It was long used to grind down the papalism of Catholic children into something more like Protestantism. Since then, there has been a shift in the beliefs that public schools seek to eradicate. But the schools remain a means by which some Americans force their beliefs on others. That’s why they are still a source of discord. The temptation to indoctrinate the children of others—to impose a common culture by coercion—is an obstacle to working out a genuine common culture.
There is no excuse for maintaining the nativist fiction that public schools are the glue that hold the nation together. They have become the focal point for all that is tearing the nation apart. However good some public schools may be, the system as a whole, being coercive, is a threat to our ability to find common ground. That is the opposite of a compelling government interest.
The public school system therefore is unconstitutional, at least as applied to parents who are pressured to abandon their own educational speech choices and instead adopt the government’s.
Parents should begin by asking judges to recognize—at least in declaratory judgments—that the current system is profoundly unconstitutional. Once that is clear, states will be obliged to figure out solutions. Some may choose to offer tax exemptions for dissenting parents; others may provide vouchers. Either way, states cannot deprive parents of their right to educational speech by pushing children into government schools.
Judges will be reluctant to vindicate the uncomfortable truth that education is mostly speech. Many have assimilated the nativist ideal that public education is a central and compelling government interest. As in 1925, however, the threat to parental speech has become unbearable.
Mr. Hamburger teaches at Columbia Law School and is president of the New Civil Liberties Alliance.
In the race for governor of Virginia, Republicans have focused their campaign on hot-button issues like banning “critical race theory” from the schools, opposing mask mandates, and taking a stand against tiny numbers of transgender students. Republicans have also argued that parents should be able to determine what teachers are allowed to teach and to ban books that they don’t like. And of course, they support school choice. In short, the Republican candidate has decided to base his campaign on “culture war” issues, offering no proposals to improve the schools.
In contrast, the Democratic candidate Terry McAuliffe has promised to raise teachers’ salaries, expand pre-K, and protect students from the virus. He has also taken a stand against parents dictating what should be taught, instead leaving those decisions to teachers. In these times, he has shown that principle and courage are possible when running for high political office, which is why he was endorsed by the Network for Public Education Action. We will learn on November 2 whether principle and courage can beat rank opportunism.
WINCHESTER, Va. — …From fights over evolution to desegregation to prayer, education battles have been a staple of the country’s divisive cultural issues for decades. But not quite like this.
After months of closed classrooms and lost learning time, Republicans in Virginia are making the schools the focus of their final push to capture the governor’s office, hoping to rally conservatives around both their frustrations over mask mandates and mandatory vaccinations and their fears of what their children are being taught.
Vocal groups of parents, some led by Republican activists, are organizing against school curriculums, opposing public-health measures and calling for recalls of school board members. And Mr. Youngkin, a former private equity executive, has capitalized, seizing on conservatives’ concerns about instruction on race and the rights of transgender children to argue that Democrats want to come between parents and their children’s education.
Mr. Youngkin’s attacks have forced Terry McAuliffe, the Democratic former governor trying to win back his old job, onto the defensive, and have thrust the ordinarily local issues surrounding schools into the middle of a rancorous nationwide shouting match.
The Virginia race offers an early electoral test of that conservative energy.
A victory by Mr. Youngkin would mark the first statewide win for Republicans in a dozen years and likely trigger a political panic within the Democratic Party about its prospects in next year’s midterm elections. Some Republican officials and strategists liken the surge of activism to the Tea Party, the anti-government movement that helped them win control of the House in 2010 and unleashed a revival of outrage politics that would define their party for the next decade.
“There’s just so much focus on the schools, and it’s visceral,” said John Whitbeck, a former chairman of the Republican Party of Virginia from Loudoun County, where acrimonious school board meetings have led to arrests, death threats and constant airtime on conservative media. “It’s not like, ‘Oh, I’m against the debt ceiling.’ This is like, ‘You’re destroying our children’s education.’ And, look, angry people vote.”
Polling in recent weeks has shown a tight race, with Democrats less enthusiastic than Republicans about voting. Mr. McAuliffe, who was barred from seeking re-election in 2017 by Virginia law, is faring worse in the fast-growing, voter-rich Northern Virginia suburbs than Gov. Ralph Northam, a Democrat, did when he won four years ago, according to some surveys.
Mr. Youngkin’s focus on schools may not resonate as strongly with the broader electorate.
Measures such as mask and vaccine mandates are cutting differently in the governor’s race in more liberal New Jersey and are overwhelmingly popular among Virginia’s independents and Democrats. Critical race theory — an advanced academic concept generally not introduced until college — is not part of classroom teaching in Virginia and many voters say they do not know enough about it to have an opinion.
And turning schools into a cultural war zone by railing against equity initiatives, books with sexual content and public health measures avoids tackling issues like budget cuts and the other thornier problems facing American education.
But in an off-year election, when both sides anticipate a sharp falloff in voting, victory may hinge on which candidate can best motivate their base. Mr. Youngkin and his strategists believe that in the fights roiling schools they have discovered the rare issue that can galvanize their voters, even in places that are shifting the state to the left.
Frustration with education is an issue that unites Republicans, energizing moderates eager to ensure their children remain in school as well as conservatives who see a liberal plot to indoctrinate their children with the belief that white people are inherently racist.
“The former governor is saying, ‘Hey I’ll decide how to teach your kids, not you’ — that’s really the issue driving this,” said John Fredericks, who led Donald Trump’s Virginia campaign last year. “Glenn Youngkin is the candidate that’s been able to straddle both sides of the party. And so far he’s given us just enough where we can enthusiastically vote for the guy.”
Republicans have centered much of their closing argument around a statement by Mr. McAuliffe in last month’s debate.
The comment came after Mr. Youngkin attacked Mr. McAuliffe over his 2017 veto of a bill permitting parents to opt out of allowing their children to study material deemed sexually explicit. The dispute was prompted by a mother who objected to her son, a high school senior, reading literary classics including Toni Morrison’s “Beloved.”
Mr. McAuliffe shot back that he did not believe “parents should be telling schools what they should teach.” In the weeks since, he’s stood by those remarks, saying that the state Board of Education and local school boards should determine what is taught in the classroom.
But Mr. Youngkin and Republicans, stripping the quotation from its context, have turned the footage into the core of their argument that Mr. McAuliffe would side with government over parents.
Video of the remark was featured in a flurry of digital ads and a statewide television commercial accusing Mr. McAuliffe of going “on the attack against parents.” Mr. Youngkin’s team began scheduling “Parents Matter” rallies in exurban counties, as they actively courted parent activist groups.
And Mr. Youngkin has also voiced support for Byron Tanner Cross, a physical education teacher in Loudoun County. Mr. Cross was suspended after announcing at a school board meeting that he would not address transgender students by their preferred pronouns because of his Christian faith.
At a campaign rally last week in Winchester, a small town in the Shenandoah Valley in one of the fast-growing exurb counties around Washington, Mr. Youngkin made little mention of Mr. Trump, vaccines or the coronavirus. Instead, he repeatedly invoked issues around schools as top priorities.
He drew some of the loudest applause from the overwhelmingly white audience when he promised to ban critical race theory on his first day in office and vowed that schools would never be closed again.
“This is what big government means for Terry McAuliffe. He not only wants to stand between you and your children. He wants to make government a tool to silence us,” Mr. Youngkin told the crowd of nearly 200 people at a farm stand. “This is no longer a campaign. This is a movement. It’s a movement led by parents.”
Mr. McAuliffe has dismissed the outrage surrounding critical race theory as “racist” and “a dog whistle.” He supports mask and vaccine mandates for students, teachers and school staff. (Mr. Youngkin says he encourages Virginians to get vaccinated against the coronavirus but does not support mandates.)
But there are signs that Democrats sense danger.
Mr. McAuliffe’s campaign has returned to highlighting his education proposals to undercut any argument that Mr. Youngkin could be stronger on the issue, promising to invest $2 billion in education, raise teacher pay, expand pre-K programs and invest in broadband access for students. On Friday, Mr. McAuliffe released an ad saying that Mr. Youngkin would cut billions of dollars in education funding and bring “Donald Trump and Betsy DeVos’s education policies to Virginia.”
The parent organizations in Virginia say they are nonpartisan and more focused on school board elections than national politics. But many are led by Republican activists, raise funds from Republican Party donors and are helped by conservative think tanks such as the Heritage Foundation, which has held briefings to discuss model legislation to block critical race theory. Last month, the Republican National Committee ran ads attacking “fascist mask mandates” and highlighting video clips of angry parents yelling at school board members.
On September 22, the National Alliance for Public Charter Schools put out a press release boasting of unprecedented enrollment growth during the pandemic. The report asserted that charter school enrollment increased during the pandemic in at least 39 states, with a 7 percent overall increase. The charter lobby said that this growth “is likely” to be “the largest rate of increase in student enrollment increase in half a decade,” as charter schools added nearly a quarter million students.
Carol Burris, executive director of the Network for Public Education, conducted a state-by-state analysis of their claim and discovered that it was a half-truth at best. Maybe a quarter truth. Maybe less.
What she discovered was that most of the enrollment gains occurred at the worst-performing segment of the charter industry: virtual charter schools. Many brick-and-mortar charter schools actually lost enrollment.
Writing on Valerie Strauss’s “Answer Sheet” blog at the Washington Post, Burris documented the hollowness of the charter lobby claim.
She began:
The National Alliance for Public Charter Schools (NAPCS) has been broadcasting a 7 percent surge in charter school enrollment during the 2020-2021 pandemic school year. Parents are “voting with their feet,” according to its new report, preferring charters to their local public schools. What the authors of the report avoid telling readers is that much of the increase — and likely most of it — was in virtual charter schools, the worst-performing in the charter sector. This occurred even at the expense of brick-and-mortar charters.
The report says this:
“Although a school-level analysis was not conducted as a part of this paper, in some states (e.g., Oklahoma, Pennsylvania, and Utah), charter school enrollment increases were primarily driven by enrollment in virtual charter schools. This explains some but not all of the enrollment increases experienced by the charter school sector nationwide last year.”
What exactly does “primarily” mean? How bad is the problem? To find out, the Network for Public Education did a school-by-school analysis of virtual charter growth in the states with the largest proportional enrollment increases.
We began with the three mentioned states. In Oklahoma, the virtual charter-school sector more than doubled enrollment. Ninety-seven percent of the more than 35,000 new students in charters enrolled in virtual schools — most in the for-profit EPIC, which has been repeatedly under investigation for misreporting costs to state officials, improper financial transfers and more.
In Pennsylvania, 99.7 percent of the charter enrollment growth occurred in virtual charter schools. Enrollment in the Commonwealth’s traditional brick-and-mortar charter schools increased by a mere 78 students.
Cyber charters accounted for over 131 percent of the growth in Utah, with enrollment in traditional charters declining.
We expanded our analysis to see if this trend occurred in other states. We began with Michigan, a state whose auditor general had recently released an audit finding that cyber charters could not document participation in at least a single course in more than half of the inspected student records. The enrollment surge in that state’s cyber charters accounted for 237 percent of the increase. Cyber charters enrollment increased by 5,071 students, while traditional charter enrollment dropped by nearly 3,000.
We then looked at Arizona, a state where families have been bombarded with cyber charter ads and billboards. Over 94 percent of the charter enrollment growth in that state was in the cyber charter sector.
Burris then includes a graph of every state that experienced at least a 10% increase in charter enrollments; there were 13. The graph shows how many students switched to online charters and how many to brick-and-mortar charters. In sum, 95.5% of the enrollment growth was virtual charters. Some brick-and-mortar charters lost enrollments.
Why does this matter? The virtual charter schools have a record of low academic achievement, high attrition, and low graduation rates. In addition, the sector has experienced massive scandals, like the A3 chain in California, whose founders pleaded guilty to phantom enrollments and are repaying the state hundreds of millions of dollars. Like ECOT (Electronic Classroom of Tomorrow) in Ohio, which collected $1 billion over 20 years, gave generously to politicians, then declared bankruptcy rather than comply with a court order to repay $67 million to the state for padded enrollments.
Seeing this increase in schools with abysmal performance is cause for alarm. A study of virtual schools by CREDO in 2015 concluded that students who attend these schools lose ground. While findings vary for each student, the results in CREDO’s report show that the majority of online charter students had far weaker academic growth in both math and reading compared to their traditional public school peers. To conceptualize this shortfall, it would equate to a student losing 72 days of learning in reading and 180 days of learning in math, based on a 180-day school year. This pattern of weaker growth remained consistent across racial-ethnic subpopulations and students in poverty.
Students may have”voted with their feet” to enroll in virtual schools during the pandemic, but we have to wait for the evidence to find out if they stayed or returned to public schools. If they decide to stay in virtual schools, we should be alarmed.
Jeremy Mohler of the nonpartisan, anti-privatization organization called “In the Public Interest,” opposes ridiculing anti-maskers and anti-vaxxers. He thinks that those who support science should try to dispel their suspicion of government. Do we want to turn vital public services—like police, firefighters, the military, national parks, beaches, highways, protection of the air and water, and many other public services—to private entities? Ask them if they plan to refuse Social Security and Medicare.
Watch The Daily Show interview he refers to. It is horrifying.
Mohler writes:
You have to watch this Daily Show clip of anti-maskers at a school board meeting in North Carolina (despite the host, Jordan Klepper, self-righteously making fun of them, which doesn’t sit right with me).
It’s like an anthropological study of tactics that right-wing leaders use to divide us so that the wealthy few can maintain and expand their political and economic power.
“I’m against all mandates, whether it’s masks or vaccinations. I’m against it all,” said one protestor.
“[We’re here to] save the kids from all that’s going on with Critical Race Theory,” said another.
What really stood out was a phrase printed on t-shirts and written on protests signs throughout the clip: “I don’t co-parent with the government.” By which, I guess, protestors meant that democratically elected school boards shouldn’t be deciding how to make public schools safe for students and teachers.
Journalist Jeff Bryant nailed it when he tweeted, “The confluence of anti-masking with efforts to rid schools of teaching the truth about structural racism is where American libertarianism meets white supremacy.”
This is why we need to be loud and clear that public problems—inequity in public education, climate change, Covid-19—require public solutions.
We must defend our public institutions, make them more democratic, make sure they’re adequately funded, and wholeheartedly articulate the value of public things. (BTW, you can sign up for our Executive Director Donald Cohen’s new email newsletter—called Public Things—here.)
To be sure, it’s not that everything the government does is automatically great. I hate getting parking tickets. I get angry every time I go to the DMV. I’ve been waiting for a city-issued trash can for more than a year now.
But the answer isn’t to cut taxes on corporations and the wealthy few even more. Or get rid of the DMV. Or privatize the sanitation department. Or—in the case of public schools—hand them over to privately managed, unaccountable charter school management organizations.
It’s to defend, fund, and improve the public institutions we rely on every day. And it’s to call out the obvious attempts by right-wing leaders to divide us against each other.
Nora de la Cour is a high school teacher and writer. This article about the sham of for-profit remote instruction appeared in Jacobin. Study after study has demonstrated the poor results of virtual instruction, but the research does not deter the greedy entrepreneurs who see the profit in virtual charter schools. You may recall the recent press release from the National Alliance for Charter Schools about how charter schools increased enrollment by 250,000 during the pandemic; what the press release didn’t admit was that the “increase” was due entirely to growth in virtual charter enrollments, which may turn out to be a temporary response to the pandemic.
De la Cour sees the push for for-profit remote learning as another front in the privatization movement.
She begins:
In spring of 2020, we saw signs that billionaires and neoliberal politicians were looking to use the COVID-19 lockdown to finally eliminate one of the last remaining venues where Americans convene in the practice of democratic self-governance: the brick-and-mortar schoolhouse.
Plutocrat-funded techno-optimists giddily suggested we use the temporary requirement of virtual learning to test-drive modelsthat give families more “flexibility” and “freedom.” Then-governor Andrew Cuomo formed a partnership between New York state and the Bill & Melinda Gates Foundation to explore a post-pandemic future without “all these physical classrooms.” Betsy DeVos announced $180 million in grants for states to “rethink” K–12 learning, and her cohort of privatization pushers began licking their chops.
Advocates of public education were rightly horrified, recognizing that this would amount to a further hollowing out of one of our last remaining public goods. Fortunately, a combination of factors turned the discourse emphatically back in favor of preserving in-person K–12 learning as the American standard — for now.
The nearly universal problems with remote instruction last year made it politically impossible for the privatization crew to continue arguing that e-learning is the glittery new frontier of educational progress. In fact, survey data shows that a majority of parents disapprove of any kind of change to traditional schooling. This is despite a relentless onslaught of rhetorical attacks on public schools — from the bipartisanvilificationof teachers’ unions to right-wing attempts to use mask mandates and critical race theory to breed ill will among parents. The term “school choice” has apparently become so distasteful that school choice conservatives are looking to rebrand their body blows to public education as a “school freedom” and “parents’ rights” movement. They’re winning legislative battles in diverse states, but they’re losing the war for public opinion.
It’s widely accepted that in-person schools meet critical developmental needs and are necessary for most students. Nevertheless, the pandemic has swiftly accelerated the expansion of digital instruction. Public education advocates are now at a crossroads. We can either proactively define the relationship between remote and in-person schooling, or we can watch from the sidelines as private companies claim a monopoly over distance learning and use it to undermine public education.
Taxpayers are in for a surprise when the bill comes due for vouchers. Instead of the $140,000 budgeted for 2022, current projected spending is $6.9 million, with 800 more applications pending! Applications soared after Americans For Prosperity [the Charles Koch organization] sent out mailers andcanvassed door-to-door urging parents to apply. Many applicants are parents already paying for religious, home or private education who might apply for free money. The NH scholarship organization decided that it could not handle program administration. It subcontracted Florida firm Class Wallet to distribute and track the funds. Class Wallet will take the lion’s share of the 10%-off-the-top administration fee.
The organization called “UnKoch My Campus” does a great job of tracking and exposing the influence of billionaire Charles Koch in schools and higher education. Join with them in calling attention to Koch’s Dark Money:
Each year in October, UnKoch My Campus coordinates a National Day of Action that focuses on building public awareness of the impact of the Koch network within institutions of education and our broader democracy. This year, we will take collective action and reach out to Secretary of Education Miguel Cardona, requesting that he address the issue of dark money in education, all the way from Kindergarten through college. Our K-12 and Critical Race Theory reports have shown us the role dark money’s influence has in destabilizing our democracy, advancing climate denial, and prioritizing private profits over people and our planet.
Join us October 28th and 29th! We want to make sure Secretary Cardona knows about the impact of the Koch network and how they are leveraging our institutions of education to spread climate disinformation and destabilize our democracy.
Click the link below and we’ll do the work for you. Simply enter your information and we’ll add your name and return address to the postcard. SIGN UP FOR A POSTCARD BEFORE OCTOBER 15th.
I am posting this notice after the press conference described here, but the details are important nevertheless. A group called Oakland Not For Sale formed to fight privatization and just won a major settlement. For many years, the Oakland public schools have been a plaything for billionaire privatizers and a succession of Broadie superintendents.
MEDIA ADVISORY FOR: September 23, 2021, 3:30 PM PT
CONTACT: Melissa Korber, 510-541-9669 or Amanda Cooper, 917-930-7552
Parents, Teachers, Atty Dan Siegel Announce Settlement with OUSD Over Police Brutality at 2019 School Board Meeting,
Plans to Donate Funds to Fight Public School Closures & Privatization
Parent and Teacher Members of Oakland Not For Sale (ONFS) Will Hold Press Conference With OUSD School Board Member Mike Hutchinson To Address Settlement, Donation Plans and Update in Kaiser School Fight
Oakland, CA — On Thursday, Sept. 23, at 3:30 pm PT, Oakland Not for Sale (ONFS) will host a press conference for parent and teacher plaintiffs and their attorney Dan Siegel to announce a six-figure legal settlement with the Oakland Unified School District as well as plans to donate toward the fight against school closures and public school-supporting Board candidates in the 2022 election. OUSD School Board Member Mike Hutchinson will also be present.
“We have reached a settlement of our dispute regarding the school board’s October 2019 meeting. We reached an agreement for a total amount of $337,500 in damages,” said Saru Jayaraman, plaintiff in the litigation Jayaraman v. OUSD. “We’re thrilled to be announcing not only this settlement with the District, but our ability to now give a six-figure donation to our fight to stop public school closures and support candidates who will fight the privatization of the Oakland Unified School District. We’re also thrilled that in the same moment, we can declare victory in that Kaiser Elementary, which we fought to keep public, will indeed remain a public facility — and we will build on these victories with resources to continue to fight all future public school closures.”
The settlement resolves litigation filed by the parents and teachers, many of whom are members of ONFS, over police brutality at an October 2019 school board meeting protesting the proposed closure of Kaiser Elementary School. At the press conference on Thursday, parents and teachers will announce that they plan to make a six-figure donation to continue the fight against further public school closures and privatization. They will also discuss their victory in keeping Kaiser Elementary a public facility.
“While it isn’t exactly what we would have hoped, we’re happy Kaiser is being used as a public facility for students and that we were able to resolve the litigation,” said Amy Haruyama, OUSD teacher who is a plaintiff in the lawsuit, taught at Kaiser Elementary, and now teaches at Sankofa United Elementary School.
These actions come in the context of a long history of OUSD School Board decisions to close 17 public schools, mostly majority Black and brown schools, almost all of which have been replaced with charter schools. OUSD’s history of closing schools and allowing them to be replaced by charters has been driven by both the state of California, which retains trusteeship over OUSD, and by outside billionaire charter school advocates like Michael Bloomberg and Eli Broad.
ONFS was formed after the announcement that Kaiser Elementary School would become the latest in a long line of school closures that was intended for replacement by charter or private schools. After protracted peaceful public protest by parents, teachers, and students, and despite police brutality as a response to this protest, the School Board recently agreed to a public use for Kaiser Elementary. The school will house public early education .