Archives for category: Racism

School choice is rooted in a history of segregation and racism. Katherine Stewart wrote about this sordid history in her book The Power Worshippers: Inside the Dangerous Rise of Religious Nationalism. I wrote about that history in The New York Review of Books in an essay called “The Dark History of School Choice,” where I reviewed Stewart’s book, Derek Black’s Schoolhouse Burning: Public Education and the Assault on American Democracy, and Steve Suitts’ Overturning Brown: The Segregationist Legacy of the Modern School Choice Movement.

Nancy MacLean, the William Chafe Professor of History at Duke University, is the author of the brilliant book Democracy in Chains, which dug deep into the roots of libertarianism, the role of the Koch brothers in funding it, and the danger to democracy of unfettered libertarianism. She and I will join in a webinar to discuss the coordinated attack on public schools on February 3; you are invited to join us.

MacLean wrote in The Washington Post about the perverse way that the school choice movement distorts the meaning of “freedom” and “choice” to hide their true goal, which is to protect racial segregation and privatize public education.

She wrote:

The year 2021 has proved a landmark for the “school choice” cause — a movement committed to the idea of providing public money for parents to use to pay for private schooling.

Republican control of a majority of state legislatures, combined with pandemic learning disruptions, set the stage for multiple victories. Seven states have created new school choice programs, and 11 others have expanded current programs through laws that offer taxpayer-funded vouchers for private schooling and authorize tax credits and educational savings accounts that incentivize parents moving their children out of public schools.

On its face, this new legislation may sound like a win for families seeking more school options. But the roots of the school choice movement are more sinister.

White Southerners first fought for “freedom of choice” in the mid-1950s as a means of defying the U.S. Supreme Court’s 1954 Brown v. Board of Education decision, which mandated the desegregation of public schools. Their goal was to create pathways for White families to remove their children from classrooms facing integration.

Prominent libertarians then took advantage of this idea, seeing it not only as a means of providing private options, but also as a tool in their crusade to dismantle public schools altogether. This history reveals that rather than giving families more school options, school choice became a tool intended to give most families far fewer in the end.

School choice had its roots in a crucial detail of the Brown decision: The ruling only applied to public schools. White Southerners viewed this as a loophole for evading desegregated schools.

In 1955 and 1956, conservative White leaders in Virginia devised a regionwide strategy of “massive resistance” to the high court’s desegregation mandate that hinged on state-funded school vouchers. The State Board of Education provided vouchers, then called tuition grants, of $250 ($2,514 in 2021 dollars) to parents who wanted to keep their children from attending integrated schools. The resistance leaders understood that most Southern White families could not afford private school tuition — and many who could afford it lacked the ideological commitment to segregation to justify the cost. The vouchers, combined with private donations to the new schools in counties facing desegregation mandates, would enable all but a handful of the poorest Whites to evade compliance.

Other Southern states soon adopted voucher programs like the one in Virginia to facilitate the creation of private schools called “segregation academies,” despite opposition from Black families and civil rights leaders. Oliver Hill, an NAACP attorney key to the Virginia case against “separate but equal” education that was folded into Brown, explained their position this way: “No one in a democratic society has a right to have his private prejudices financed at public expense.”

Despite such objections, key conservative and libertarian thinkers and foundations, including economists Milton Friedman and Friedrich Hayek, Human Events editor Felix Morley and publisher Henry Regnery, backed the White Southern cause. They recognized that White Southerners’ push for “freedom of choice” presented an opportunity to advance their goal of privatizing government services and resources, starting with primary and secondary education. They barely, if ever, addressed racism and segregation; instead, they spoke of freedom (implicitly, White freedom).

Friedman began promoting “educational freedom” in 1955, just as Southern states prepared to resist Brown. And he praised the Virginia voucher plan in his 1962 book, “Capitalism and Freedom,” holding it up as a model for school choice everywhere. “Whether the school is integrated or not,” he wrote, should have no bearing on eligibility for the vouchers. In other words, he knew the program was designed to fund segregation academies and saw it as no barrier to receiving state financing.

Friedman was far from alone. His fellow libertarians, including those on the staff of the William Volker Fund, a leading funder on the right, saw no problem with state governments providing tax subsidies to White families who chose segregation academies, even as these states disenfranchised Black voters, blocking them from having a say in these policies.

Libertarians understood that while abolishing the social safety net and other policies constructed during the Progressive era and the New Deal was wildly unpopular, even among White Southerners, school choice could win converts.

These conservative and libertarian thinkers offered up ostensibly race-neutral arguments in favor of the tax subsidies for private schooling sought by white supremacists. In doing so, they taught defenders of segregation a crucial new tactic — abandon overtly racist rationales and instead tout liberty, competition and market choice while embracing an anti-government stance. These race-neutral rationales for private school subsidies gave segregationists a justification that could survive court review — and did, for more than a decade before the Supreme Court ruled them unconstitutional.

When challenged, Friedman and his allies denied that they were motivated by racial bigotry. Yet, they had enough in common ideologically with the segregationists for the partnership to work. Both groups placed a premium on the liberty of those who had long profited from white-supremacist policies and sought to shield their freedom of action from the courts, liberal government policies and civil rights activists.

Crucially, freedom wasn’t the ultimate goal for either group of voucher supporters. White Southerners wielded colorblind language about freedom of choice to help preserve racial segregation and to keep Black children from schools with more resources.

Friedman, too, was interested in far more than school choice. He and his libertarian allies saw vouchers as a temporary first step on the path to school privatization. He didn’t intend for governments to subsidize private education forever. Rather, once the public schools were gone, Friedman envisioned parents eventually shouldering the full cost of private schooling without support from taxpayers. Only in some “charity” cases might governments still provide funding for tuition.

Friedman first articulated this outlook in his 1955 manifesto, but he clung to it for half a century, explaining in 2004, “In my ideal world, government would not be responsible for providing education any more than it is for providing food and clothing.” Four months before his death in 2006, when he spoke to a meeting of the conservative American Legislative Exchange Council (ALEC), he was especially frank. Addressing how to give parents control of their children’s education, Friedman said, “The ideal way would be to abolish the public school system and eliminate all the taxes that pay for it.”

Today, the ultrawealthy backers of school choice are cagey about this long-term goal, knowing that care is required to win the support of parents who want the best for their children. Indeed, in a sad irony, decades after helping to impede Brown’s implementation, school choice advocates on the right targeted families of color for what one libertarian legal strategist called “forging nontraditional alliances.” They won over some parents of color, who came to see vouchers and charter schools as a way to escape the racial and class inequalities that stemmed from White flight out of urban centers and the Supreme Court’s willingness to allow White Americans to avoid integrating schools.

But the history behind vouchers reveals that the rhetoric of “choice” and “freedom” stands in stark contrast to the real goals sought by conservative and libertarian advocates. The system they dream of would produce staggering inequalities, far more severe than the disparities that already exist today. Wealthy and upper-middle-class families would have their pick of schools, while those with far fewer resources — disproportionately families of color — might struggle to pay to educate their children, leaving them with far fewer options or dependent on private charity. Instead of offering an improvement over underfunded schools, school choice might lead to something far worse.

As Maya Angelou wisely counseled in another context, “When people show you who they are, believe them the first time.” If we fail to recognize the right’s true end game for public education, it could soon be too late to reverse course.

Kimberlé Williams Crenshaw is a professor of law at Columbia and UCLA and one of the leading figures in the field of critical race studies. She wrote the following article for the Los Angeles Times, where she demonstrates that the new laws banning the study of systemic racism simultaneously ban Dr. King’s views of America’s racial problems, which were not solved by passing civil rights laws. The furor over CRT shows that racism remains a powerful force today. Critics of CRT maintain illogically that teaching the history of racism is racist, that uncomfortable facts must not be taught at all, and that history must be scrubbed clean of divisive realities. As Crenshaw points out, King would have fought the current effort to cleanse U.S. history; his own words and works cannot be taught.

For the first time, we’re observing the Rev. Martin Luther King Jr. holiday under new laws in multiple states that ban the instruction of “divisive” interpretations of our racial past. The assaults have given new weapons to an enduring faction in American society that has long resisted the reckoning that his life’s work demanded.

In King’s day, this faction was known as the “Massive Resistance,” an effort to organize and frustrate the Supreme Court’s 1954 Brown vs. Board of Education ruling and efforts to build multiracial classrooms. Today, this faction is known as the “anti-CRT” effort, which seeks to proscribe race-related curricula, books or trainings that offer a discomforting view of our past and its current implications.

Teachers, public officials and students are in a particularly unsustainable bind. They’re charged with honoring King as a figure while disavowing the ideas that he lived and died to advance. They’re being asked not merely to defer King’s dream of racial equality but to decommission it altogether.

King would likely take bitter note of the all-too-familiar dynamics behind today’s backlash. After the 2020 global movement for racial justice in the United States and beyond in the wake of the savage police killing of George Floyd, legislatures in 32 states have relied on what is patently a lie — that antiracism is antiwhite — to fuel the antidemocratic crusade against what they call “critical race theory.”

For more than 30 years, scholars have employed critical race theory as an analytical tool. The right has rebranded it as the new racism, as wokeness run amok, as a threat to innocent schoolchildren and as a stalking-horse for the demise of “Western civilization” itself. The theory has become the target of coordinated efforts to stigmatize and erase generations of antiracist knowledge, advocacy and history. The objective is both to disappear antiracism’s history and to deny its contemporary salience.

King himself is a prime casualty in this effort. Apostles of the McCarthyite crackdown on critical race theory have exploited him as a mouthpiece for their cause, reducing him to a solitary, decontextualized line from the “I Have a Dream” speech about a future in which his four children were to be judged not “by the color of their skin, but by the content of their character.”

Some use King’s words to erase his deeds and those of millions more who rose up to “make good the promises” since Reconstruction. In Tennessee, for example, the Moms for Liberty sought to ban Frances E. Ruffin’s children’s book “Martin Luther King Jr. and the March on Washington” by framing its descriptions of segregation and the violence meted out against King and others as traumatizing and racist. The Moms argue that Ruffin’s portrayal of white racism against people of color “will sow the seeds of racial strife, neo-racism, neo-segregation, and is an affront” to King’s ideals. This reveals precisely what comes of a persistent and willful ignorance of King’s legacy.

The sheer power on display to turn King against himself — a process that has been underway since the first day this holiday was celebrated — is a grim reflection of the way opponents have long subjected antiracist thinking and activism to distortion, misappropriation and redefinition. The brazen casting of critical race theory as the contemporary villain following 2020’s racial reckoning is no surprise.

The King holiday and Black History Month are an excellent opportunity — perhaps the only opportunity — to course-correct, contest and redirect the misconceptions about King’s legacy and its interface with critical race theory. Recovering the real King begins by freeing his image from the clutches of those seeking to substitute truthful education with a saccharine narrative built on illusions, delusions and lies.

Dr. King was an “inconvenient truth teller.” His insistence on the urgency of racial justice put him at odds with moderate whites in the South, and his denunciation of imperialism put him at odds with allies more narrowly focused on the freedom struggle within U.S. borders.

For telling these truths, in life, King was often criticized rather than celebrated. At the time of his death, polls showed that most white people held an unfavorable view of him. The FBI, under J. Edgar Hoover, framed him as a national security threat. Some Black leaders were hardly convinced of his tactics — his civil disobedience was too radical for some, his nonviolence too accommodationist for others. But for King, the demands for racial justice were not to be won through a popularity contest or by painting a comforting picture of the U.S. social order. Nor was King’s an identity-obsessed demand for recognition. He offered a clear-eyed assessment of a would-be democracy in a state of disrepair. Confronting it at its source was the only way forward.

It’s no accident that the firestorm over critical race theory has singed King’s message: King was, in fact, a critical race theorist before there was a name for it. A core observation of the theory is the recognition that the promise of liberation extends beyond the elimination of formal segregation and individual-level prejudice. Critical race theory explores how racial inequality was historically structured into the fabric of the republic, reinforced by law, insulated by the founding Constitution and embedded into the infrastructure of American society. Similarly, King observed in 1967 that “the doctrine of white supremacy was embedded in every textbook and preached in practically every pulpit,” entrenched as “a structural part of the culture.”

Accordingly, King’s appeal in the March on Washington in 1963 was grounded in the assertion that the promise of a fully inclusive American democracy — one that lived up to its oft-stated ideals — required creative confrontation with a republic out of step with its promises. He rebuffed those who found fault in the tensions created by placing our norms and our realities in sharp relief.

King famously wrote a letter rejecting the counsel of white moderate allies who argued for a gradualist accommodation to the prioritized sensibilities of those who didn’t experience the sting of segregation. As a father, he conveyed the anguish of his own children, who couldn’t understand why they weren’t allowed into the Funtown amusement park, which barred Black visitors, while the joy of white children was privileged. He argued elsewhere that “justice for black people cannot be achieved without radical changes in the structure of our society.”

King centered the promise of equal access to the ballot — now under concerted assault — at the heart of his prophetic mission. He fought to win passage of both the Civil Rights Act and the Voting Rights Act, and he understood that the provisions of each law were part and parcel of the same struggle for true and lasting racial justice. While he hailed the landmark voting reform as “a great step forward in removing all of the remaining obstacles to the right to vote,” he also insisted that the vote be used to “rid the American body politic of racism.” King would instantly recognize the mutually reinforcing objectives of denying the ballot, an indispensable instrument of reform, while also silencing the substantive case for reform by whitewashing the country’s racial past.

Contrary to countless assertions from the right, King did not endorse colorblindness. It wasn’t the remedy for dismantling the ugly realities that white supremacy had produced. Like today’s critical race theorists, King understood that American racism was systemic and demanded systemic remedies. He was forthright in acknowledging that anti-Black racism “was not a consequence of superficial prejudice but was systemic.” Throughout his career, King set his sights on institutional-level change, calling for solutions built on the race-conscious analysis of inequalities across our society.

King invoked a “bank of justice” to be mobilized against the many structures of racial oppression to ultimately realize “the security of justice” for all Americans. This commitment explicitly extended to the mode of race-conscious practice that now goes by the name of affirmative action.

When questioned whether he would support such outlays, King bluntly replied, “I do indeed,” and went on to explain: “Can any fair-minded citizen deny that the Negro has been deprived? Few people reflect that for two centuries the Negro was enslaved and robbed of any wages — potential accrued wealth which would have been the legacy of his descendants. All of America’s wealth today could not adequately compensate its Negroes for his centuries of exploitation and humiliation.”

Much of King’s legacy may never be taught in public schools, if this manufactured panic that demands critical thinking about racism be expunged from curricula and libraries continues. In North Dakota, for example, King’s understanding of structural racism would contradict the state’s newly minted edict that racism cannot be taught as anything more than an individual’s prejudice and bias. His understanding of the historical debt created by centuries of uncompensated labor flies directly in the face of Oklahoma’s prohibition of material suggesting that current generations bear any responsibility for the actions of their ancestors.

Not only did King clearly recognize that antiracism must address built-in headwinds that unnecessarily disadvantage some groups over others, but so does, incidentally, the Supreme Court, as seen in its many rulings. Yet an instructor seeking to explain King’s expansive vision of justice or a professor highlighting legal cases about institutional discrimination will be in jeopardy if they teach these ideas in some states that have adopted such laws.

King’s ideas could also fall under efforts in states such as Oklahoma or Texas that forbid the use of classroom materials that might create guilt or discomfort in public school students. King’s description of a social order in need of repair would trigger complaints that current generations are made to feel responsible for the sins of our past. New Hampshire, meanwhile, has proposed legislation forbidding antiracist critiques of the nation’s founding and history.

Indeed, under most of these laws, King’s concrete work and documented analysis of racism’s enduring legacy in American society would be suspect. In his final speech, on the eve of his death, he said he might not get to the promised land with us. This prophecy would rest uneasily in curricula that sanction assumptions that we haven’t already become that society that King dreamed we would one day be.

This imposition of a fairy-tale account of America makes King’s sacrifice utterly illegible. It is a memory-holed vision of the past better suited to George Orwell’s dystopian reveries than to a nation seeking to redeem its promise of genuine, expansive and democratic self-rule.

Nationwide, lawmakers are legislating that our schools and workplaces turn away from King’s mandate to make good on the country’s broken promises, and wallow instead in the wages of this ignorance. It is an ignorance that grows out of an earlier effort to impose an approved orthodoxy about the American past. One of the enduring consequences of the United Daughters of the Confederacy’s textbook campaigns was the persistence of Confederate propaganda and Lost Cause mythology masquerading as the truth about the history of the Civil War and its aftermath. The United Daughters ensured that millions of children inherited a view of America’s past grossly warped by the whitewashing of slavery and the violent Redemption, when white Southerners called for a return to white supremacy, that followed Reconstruction. The democratic crisis we face today is an unrecognizable spasm from that past, illegible in part because our educational system and national myths have not overcome these past manipulations to embrace this history.

To truly honor King’s memory, then, we must defeat the faction that facilitated the U.S. Capitol riot, put democracy on life support, and continues to demand that critical interrogation of its past be censored by law. King implored that we put our bodies on the line to face the organized forces of white reaction in his day — and it’s clear that he’d be fighting in exactly the same way to preserve his prophetic legacy in our own day, when the right to equal education, to vote freely and to realize true cross-racial justice are once more under bitter attack.

Reclaiming his legacy is to realize that there is no daylight between a truly democratic society and a racially just one.

Jesse Hagopian is an activist teacher in the Seattle Public Schools, a leader in Black Lives Matter at School and editor of the book More Than a Score: The New Uprising Against High-Stakes Testing. This article appeared in the Seattle Times:

State Republican Rep. Jim Walsh recently introduced HB 1807 and Republican Rep. Brad Klippert introduced HB 1886 for this legislative session — two bills designed to mandate educators lie to Washington’s students about structural racism and sexism.

This copycat legislation is lifted from a growing number of bills around the country that seek to ban an honest account of history in K-12 education, including many of the long struggles against oppression. These bills especially target the teaching of critical race theory (CRT), the 1619 Project, the Zinn Education Project and Black Lives Matter at School.

It’s fitting that Rep. Klippert’s bill is numbered “1886,” as that was the year a mob of white people in Seattle rounded up more than 200 Chinese people, forced them into wagons, and hauled them to Seattle docks where they were placed on a ships and deported. Though 15 people were tried in court in relation to the riot — including Chief of Police William Murphywho helped the mob round up Chinese people illegally — not a single one was ever convicted of a crime.

It’s similarly appropriate that Rep. Walsh’s bill is numbered “1807” because this bill seeks to return us to the early 19th century — a time when the nation was accelerating the attack on Black people’s rights in the North and colonizing the land of Native Americans. In 1807, New Jersey took away the right to vote for Black people. On April 1, 1807, Ohio outlawedBlack people from testifying in cases with white people. For the next 40 years, white people could act with impunity in filing baseless lawsuits and commit crimes — even violent attacks — against Black people who could not testify to defend themselves or give any evidence against them…

HB 1886 states that educators would be banned from teaching that, “The United States is fundamentally or structurally racist or sexist.” But consider these facts: The average white family has 10 times the amount of wealth of the average Black family.

∙ A Black woman is three times more likely to die from pregnancy or childbirth-related causes than a white woman.

∙ Black students are more than three times more likely to be suspended from school than white students.

· The median household income for Native Americans was 60% of median white household income. And that was before the COVID-19 pandemic. Recent estimates reveal inequities have worsened, especially for Native American women.

· At least 44 transgender and gender nonconforming people were violently killed in 2020, with Black transgender women accounting for two-thirds of total recorded deaths since 2013.

· Anti-Asian hate crimes surged over 169% last year.

For teachers who believe in accurate history, there is no real choice here — we will always teach students about the reality of structural racism and other intersecting oppressions. Revealing these facts in the classroom is not about shaming white students — in fact, it is those who deny structural racism who end up leading white children to suspect that they are personally responsible for the racial disparities they see, rather than understanding the way systems can work to perpetuate inequities sometimes regardless of the intentions of the individuals who work in these systems.

Glenn Youngkin’s campaign for Governor of Virginia was fueled in large part by attacks on public schools. Youngkin said that the state’s public schools were indoctrinating students with critical race theory. He pledged to put an end to it. After he took office, he continued his rant against CRT; he even set up an email site where parents can complain about teachers. And to add to his rightwing cred, he banned mask mandates. A number of school districts are suing him to preserve their mask mandates.

Dana Milbank wrote about the elite private schools where Youngkin sent his own children. They very explicitly teach critical race theory. Youngkin knew what was going on: he was a member of the board.

Milbank wrote:

Not only is Virginia’s new Republican Gov. Glenn Youngkin banning the fictional menace of critical race theory from public schools, but he’s also turning the commonwealth into a little Stasi State. He’s setting up a tip line so parents can report to the government any school official they consider to be teaching something “divisive.”

“We’re asking for folks to send us reports,” he told a conservative radio host Monday, The Post reported. “We’re going to make sure we catalogue it all,” he added, “to make sure we’re rooting it out.”

The state’s deputizing of residents to act as informants will have the obvious effect of deterring even mentions of slavery or race, which means Youngkin has imposed a de facto “memory law” whitewashing Virginia’s, and the country’s, deep and ongoing history of white supremacy…

The public schools of Virginia do not teach critical race theory.

But do you know which schools do teach “divisive” concepts, including something resembling critical race theory? The private D.C. schools Youngkin had his children attend. And you know who was on the board of governors of one of those schools while it was beefing up its anti-racism policies? Glenn Youngkin.

Youngkin, a professed fan of public school parents’ rights, exercised his own parental rights not to send his children to Virginia public schools but rather to National Cathedral School and St. Albans School, twin private all-girl and all-boy schools in D.C. under the auspices of the Episcopal Church.
National Cathedral’s website listed Youngkin as a member of its governing board from 2016 through 2019, and he was chair of its finance committee. To their credit, both National Cathedral and St. Albans were, during that time, leaders in developing anti-racism teachings, even before the murder of George Floyd heightened national awareness of systemic racism. Youngkin’s spokeswoman, Macaulay Porter, said that Youngkin “stepped off the board after 2019” and that both schools “changed a lot over the years.”

DEI — Diversity, Equity and Inclusion — has been a priority at National Cathedral for many years. The school has an extensive staff devoted to the initiative, as well as programming that includes affinity groups such as diversity forums, an equity board, an intersectionality council and a student diversity leadership conference. A National Cathedral strategic plan approved by the board in 2018 — during Youngkin’s tenure — “includes the mandate to ‘Advance an Inclusive Educational Environment,’ ” which involved “integrating related action steps into the fabric of everything we are and do as a school community.”

Among the other things National Cathedral has done: made time in the school schedule for “critical conversations around topics of race, anti-racism, social justice, and inclusion”; added courses such as “Black Lives in Literature” and “Courageous Dialogues”; developed new hiring protocols “as a result of our anti-bias work” and required diversity training for all staff members; and included in the school’s summer reading list books such as Robin DiAngelo’s “White Fragility: Why It’s So Hard For White People To Talk About Racism….”

St. Albans has undertaken similar anti-racism initiatives. Among the books promoted on the school’s website are “White Fragility,” “Critical Race Theory: An Introduction,” Henry Louis Gates Jr.’s “Stony the Road: Reconstruction, White Supremacy and the Rise of Jim Crow,” and Ibram X. Kendi’s “Stamped from the Beginning: The Definitive History of Racist Ideas in America.”
St. Albans also directed faculty to read Kendi’s “How to Be an Antiracist.” Fox News and other conservative outlets this past fall blasted a St. Albans’s “anti-bias” policy draft.

Youngkin’s own children were lucky to have attended schools that make its students grapple with uncomfortable and, yes, “divisive” issues. So why is he now using the powers of the state to intimidate teachers who would give Virginia’s public school students the same advantage?

Paul Waldman is an opinion columnist for The Washington Post. In this article, he criticizes Democrats for failing to stand up to Republican slanders and lies about public schools. He raises an important point: Why aren’t Democrats fighting Republican lies about the schools? Why aren’t the billionaires who claim to be liberal speaking out against this vicious campaign to destroy our public schools? One reason for the silence of the Democrats: Arne Duncan derided and insulted public schools and their teachers as often as Republicans.

Waldman wrote recently:

For the last year or so, Republicans have used the “issue” of education as a cudgel against Democrats, whipping up fear and anger to motivate their voters and seize power at all levels of government.

Isn’t it about time Democrats fought back?
Republicans have moved from hyping the boogeyman of critical race theory to taking practical steps to criminalize honest classroom discussions and ban books, turning their manufactured race and sex panic into profound political and educational change. Meanwhile, Democrats have done almost nothing about it, watching it all with a kind of paralyzed confusion.

Look no further than Florida Gov. Ron DeSantis, who is pushing legislation with the colorful name of the Stop Woke Act. As the Republican governor told Fox News this weekend, we need to allow people to sue schools over their curriculums, not only because of CRT but also because “there’s a lot of other inappropriate content that can be smuggled in by public schools.”

If you liked the Texas bill that effectively banned abortion in the state, you’re in luck. Republicans apparently want to use a version of that bill’s tactic — putting enforcement in the hands of private vigilantes — to make teachers and school administrators live under the same fear as abortion providers.

It’s happening elsewhere, too. A bill in Indiana allows the same kind of lawsuits. And last week, during a hearing on the bill, a GOP state senator got in trouble for saying that “I believe that we’ve gone too far when we take a position” on things like Nazism, because in the classroom, “we need to be impartial.” The state senator, Scott Baldwin, previously attracted attention when it was revealed that he made a contribution to the far-right Oath Keepers (though he claims he has no real connection to the extremist group).

Everywhere you look, Republicans are trying to outdo one another with state laws forcing teachers to parrot far-right propaganda to students. A Republican bill in Oklahoma would ban teachers from saying that “one race is the unique oppressor” or “victim” when teaching the history of slavery in America; its sponsor says that would bring the appropriate “balance” to the subject.

So ask yourself: What are Democrats telling the public about schools? If you vote for Democrats, what are you supposed to be achieving on this issue? If any voters know, it would be a surprise.
We’re seeing another iteration of a common Republican strategy: Wait for some liberal somewhere to voice an idea that will sound too extreme to many voters if presented without context and in the most inflammatory way possible, inflate that idea way beyond its actual importance, claim it constitutes the entirety of the Democratic agenda and play on people’s fears to gin up a backlash.

That was the model on “defund the police.” Now it’s being used on schools, which Republicans have decided is the issue that can generate sufficient rage to bring victory at the polls.
Devoted as they are to facts and rational argumentation, liberals can’t help themselves from responding to Republican attacks first and foremost with refutation, which allows Republicans to set the terms of debate. So their response to the charge that critical race theory is infecting our schools is something like this: “No, no, that has nothing to do with public education. It’s a scholarly theory taught mostly to graduate students.”

But that doesn’t allow for this response: “Republicans want to subject our kids to fascist indoctrination. Why do they want to teach our kids that slavery wasn’t bad? Why are they trying to ban books? Who’s writing their education policy, David Duke? Don’t let them destroy your schools!”


That, of course, would be an unfair exaggeration of what most Republicans actually want. Is a state senator who worries that public school teachers might be biased against Nazism really representative of the whole Republican Party? Let’s try to be reasonable here.

Or maybe being reasonable isn’t the best place to start when you’re being overrun. Maybe Democrats need to begin not with a response to Republican lies about what happens in the classroom, but an attack on what Republicans are trying to do to American education.

After Glenn Youngkin won the Virginia governorship with a campaign largely focused on schools, Republicans everywhere decided that nurturing a CRT-based White backlash is the path to victory. That is their plan, whether Democrats like it or not.

This isn’t just coming from national Republicans. At the state and local level, far-right extremists are taking over education policy, leaving teachers terrified that if they communicate the wrong idea to students — like, apparently, being too critical of Nazis — they might get sued.

The implications of the GOP war on schools and teachers are horrifying, and with some exceptions, Democrats are watching it happen without anything resembling a plan to do anything about it. It might be time for all the party’s clever strategists to give it some thought.

Civil rights leader Jitu Brown wrote in an opinion article for The Chicago Tribune about the importance of using the schools to combat the school-to-prison pipeline. Brown is the national director of the Journey for Justice Alliance, which connects youth- and parent-led organizations across the nation.

Brown points out studies showing that schools with strict disciplinary policies produce high suspension rates for students of color, which in turn affects test scores and graduation rates.

He writes that schools attended by predominantly nonwhite students have fewer curricular resources than schools where white students predominate.

These environments are punctuated by so-called school resource officers — police stationed in school buildings. More than 1.5 million Black, brown and Indigenous K-12 students are attending schools that have a resource officer but no counselor, guaranteeing that many of these students will be left behind. The violence inflicted upon Black and brown children by school resource officers nationwide must stop. They don’t make our schools safer, and their presence means schools lose precious resources that could be used for counseling and social services.

White-majority schools have always offered much more in core curricular classes, Advanced Placement opportunities, after-school programs, guidance counselors and student supports. Some examples from the Journey for Justice Alliance’s “Failing: Brown v. Board” report elucidate what equity would mean for students of color:

At Marshall High School in Milwaukee, nonwhite students make up 94% of the student body. The school has basic English courses for only freshmen and sophomores and only two other classes. Menomonee Falls High School in a nearby suburb has 21% nonwhite students. It offers 10 English classes.

In Dallas, 39% of Centennial High’s students are nonwhite, compared with 100% of the students at South Oak Cliff High. Yet Centennial offers twice as many language classes, has three times the number of Advanced Placement courses and 23 career path offerings, compared to three at South Oak Cliff.

In Denver, 96% of Manuel High students are minorities. They can choose from fiveart classes, seven AP classes and only one foreign language, Spanish. At Cherry Creek High, 33% of the students are Black or students of color. They have 27 AP classes, six foreign languages and 21 classes in the arts.

The report concludes: “This is racism in action.”

The Equity or Else campaign’s major goal is sustainable community schools. The 2022 federal budget would allocate $440 million to establish such schools, reversing the trend of privatizing public education through charter schools. The movement for equity in public education aims to make American schools more welcoming and truly safe spaces for all children where they can look forward to learning.

Culturally relevant and challenging curriculum, supports for high-quality teaching, wraparound supports for every child, a student-centered school climate, and meaningful parent and community engagement make for the types of schools all children deserve.

SB 167 in the Indiana Legislature received national attention when its chief sponsor, Republican Scott Baldwin, proclaimed that teachers must not take sides when discussing Nazism, fascism, or Marxism. He later apologized for the statement but not until after he became a subject of ridicule on national news. Now it is dead, although a similar bill is moving in the House.

The Indiana bill that sparked national outrage will not move forward, Senate leadership confirmed on Friday. 

Members of the Senate continued to work on Senate Bill 167, but have determined there is no path forward for it and it will not be considered,” Senate President Pro Tempore Rodric Bray, R-Martinsville, said in a statement. 

Less clear is the fate of a similar bill moving through the Indiana House. That bill was passed out of committee, 8-5, and heads to the full House floor next. Should it pass the House, it will be sent to the Senate.

A spokesperson for Bray said Senate Republicans would review the bill, if it passes out of the House.

More on bill:Indiana Senate bill that spurred Nazism remarks stalls; similar proposal advances

Senate Bill 167 was originally scheduled for a vote in the Senate’s education committee Wednesday but was pulled from the calendar, IndyStar previously reported, signaling it faced a rocky path forward. Earlier in the week, Bray said it was so lawmakers could address concerns raised during public testimony on the bill the previous week. 

An exchange during that testimony between the bill’s author, Sen. Scott Baldwin, R-Noblesville, and a history teacher from Fishers set off a viral firestorm after Baldwin said it would require teachers to remain impartial, even when discussing concepts such as Marxism, Nazism and fascism. 

“Of course, we’re neutral on political issues of the day,” teacher Matt Bockenfeld said at the committee hearing Jan. 5. “We don’t stand up and say who we voted for or anything like that. But we’re not neutral on Nazism. We take a stand in the classroom against it, and it matters that we do.”

Baldwin responded that may be going too far and that teachers need to be impartial and stick to the facts. He later walked back the comments in a statement to IndyStar and condemned those ideologies.Your stories live here

More:Find out what’s in controversial 2022 education bills, read full text

A similar bill has continued to move through the House. House Bill 1134 contains the same ban on “divisive concepts,” but was amended this week to clarify that teachers may condemn Nazism and other concepts that run counter to the U.S. Constitution. 

Peter Greene describes his latest gambit. He is pressing for the adoption of his “Stop WOKE” act.

Florida Governor Ron DeSantis is doing his level best to wreck education in his state by politicizing every education policy. It’s a textbook illustration of fear-mongering and race-baiting. How low can he go without scraping his head on the ground?

Greene writes:

Florida owns the Number One spot on the Public Education Hostility Index, but Governor Ron DeSantis is not willing to rest on his laurels. You may have already heard about this, or you may have passed over the news because it’s Florida, but some bad news needs to be repeated, particularly when it comes from the state that launches so many of the bad trends in education.

DeSantis has borrowed from Texas, where a new abortion banhas come up with a clever way to circumvent rules about what a state can and cannot enforce. Now upheld by SCOTUS, the law makes every citizen a bounty hunter, with the right for “anyone to sue anyone” suspected of being in any way involved in an abortion (in a rare display to restraint, Texas exempts the woman getting the abortion from the civil liability). 

The idea of insulating the state is not new to education privatization efforts. Part of the reasoning behind education savings accounts is that it let’s the state say, “What? We didn’t give taxpayer dollars to a private religious institution. We just gave the money to a scholarship organization (and they gave it to the private religious school). Totally not a First Amendment violation.”

So here comes DeSantis with his “Stop WOKE Act” (as in “Wrongs to Our Kids and Employees”– some staffer was up late working on that one). This is legislation he’ll “push for” because of course a governor doesn’t propose legislation–he just orders it up from his party in the legislature. 

The proposal comes wrapped in lots of rhetoric about the evils of “critical race theory,” which DeSantis defines broadly and bluntly: Nobody wants this crap, OK? This is an elite-driven phenomenon being driven by bureaucratic elites, elites in universities and elites in corporate America and they’re trying to shove it down the throats of the American people. You’re not doing that in the state of Florida.

Along with vague rhetoric about learning to hate America, DeSantis brought in crt panic shill Christopher Rufo for his pep rally. And of course he trotted out some highly selective Martin Luther King Jr. quotage, because, hey, he’s totally not racist.

But the highlight here is creating a “private right of action” for parents, an actual alleged civil rights violation. Anyone who thinks their kid is being taught critical race theory can sue (and this will apply to workplace training as well). Parents who win even get to collect attorney’s fees, meaning they can float these damn lawsuits essentially for free– watch for Florida’s version of Edgar Snyder--attorneys advertising “there’s no charge unless we get money for you.”

Allowing parents to file lawsuits would have the effect of making the operating definition of crt even vaguer–it’s whatever Pat and Sam’s mom thinks it is. You can say that using a bad definition that loses the lawsuit would limit this vaguery, but that misses the point–the school would still have to defend itself in court, costing money and time…

Open the link and read the rest.

Greene predicts that teachers will not feel free to teach about America’s racist past. I agree with him.

A few nights ago, I watched a PBS documentary about the life of Marian Anderson, who was hailed in her lifetime as one of the greatest singers in the world. She toured the capitals of Europe to great acclaim. Yet for most of her life, she sang to racially segregated audiences in the United States. The documentary showed that Hitler admired America’s segregationist laws and practices and saw them as a model. Today, those who remember Anderson’s name know her as the black woman whom the DAR (Daughters of the Revolution) prohibited from performing in Constitution Hall in 1939, D.C.’s premier concert hall. D.C. was rigidly segregated. Instead she sang at the Lincoln Memorial to a crowd of 75,000 people. Her opening number was “My Country ‘Tis of Thee.”

I expect that no teacher in Florida would show that documentary in class. It may be factual, but some students’ parents would complain and sue the teacher for exposing their children to CRT.

Steve Luxenberg, an editor at The Washington Post and the author of a 2019 book on racial separation and the Plessy case, Separate: The Story of Plessy v. Ferguson, and America’s Journey from Slavery to Segregation, wrote to correct important errors in my post about Homer Plessy.

Plessy, you may recall, was arrested in New Orleans for attempting to ride in an all-white train car, thus violating state law. His was a test case of a recently enacted segregation statute. When his case reached the U.S. Supreme Court, challenging the constitutionality of the racial segregation law, the Court issued a ruling in 1896 endorsing the law and the legality of “separate but equal.” This endorsement of de jure segregation remained intact until the Brown vs. Board of Education decision of 1954.

Now, here are the facts about Homer Plessy, as documented by Luxenberg. I am grateful to him for correcting my version (and errors in the article I quoted):

1. Plessy was not found guilty after his arrest (in 1892), and as a result, his lawyers did not appeal that conviction. The case went to the Supreme Court on entirely different grounds. Cutting to the chase for now: Judge Ferguson held off on a trial, instead issuing a ruling on the constitutionality of Louisiana’s Separate Car Act. That was a gift to Plessy’s legal team, because it meant that they could appeal Ferguson’s ruling (he said the Act was constitutional) rather than pursuing a habeas corpus strategy as planned. The Citizens Committee (the group that planned and arranged for Plessy’s arrest as a test case) did not want Plessy in jail while the appeal was wending its way through the courts.

2. Judge Ferguson never found Plessy guilty, and he wasn’t convicted in 1890. In January 1897, nearly eight months after the Supreme Court’s ruling, Plessy pleaded guilty, before a different judge, to close the case. The Citizens Committee paid his $25 fine.

That ruling—Plessy vs. Ferguson— okayed racial segregation statutes that locked millions of Black Americans into second-class status, since separate was never equal in a racist society. Separate but equal remained in place until it was overturned by the Supreme Court in 1954, a decision that was boldly resisted by the South for years.

Homer Plessy will be posthumously pardoned as a result of a sustained effort by his descendant Keith Plessy, and the descendant of Judge John Howard Ferguson.

Keith Plessy and Phoebe Ferguson created a foundation to honor Homer Plessy and to advance the cause of racial reconciliation. Plessy and Ferguson and their allies worked for the past 11 years to get a pardon for Homer Plessy, and they have just succeeded.

Keith Plessy and Phoebe Ferguson’s drive to right a terrible, devastating wrong came to full fruition last month, when they appeared before the Louisiana Pardon Board to ask the board to extend a pardon to Homer Plessy for his conviction in 1890 [this date is wrong]. The board swiftly agreed with the pair and voted unanimously on Nov. 12 to pardon Homer Plessy.

Keith Plessy said that his ancestor Homer was selected by a local group of activists to challenge the law.

Keith Plessy placed their crusade for justice in further historical context, pointing out that Homer Plessy was actually carefully selected by late-19th-century civil rights advocates to test the state’s segregation laws of that era.

The New Orleans organization called the Comite de Citoyens, or Committee of Citizens – a multi-ethnic group of activists dedicated to fighting the 1890 Separate Car Act – chose Plessy, a mixed-race Creole, to test the law by getting arrested and placing the matter in the courts.

Once in court, Plessy’s attorneys argued that the Separate Car Act, and as such Plessy’s arrest, violated his Constitutional rights under the 13th and 14th Amendments, an argument the court rejected with his conviction.

“I feel that working together, we have been trying to tell the whole story of the Citizens Committee and the Civil Rights Movement that continued after this case,” Keith Plessy said. “[The Plessy strategy] was the blueprint that was used over and over again [by Civil Rights advocates] in the 20th century.”

“New Orleans,” he added, “was the crucible of the Civil Rights Movement.”

Governor John Bel Edwards (a Democrat) declared that he would swiftly sign Plessy’s pardon.

I had the pleasure of meeting Phoebe Ferguson and Keith Plessy when I spoke at Dillard University, a historically Black university in New Orleans, in 2010. It was incredible to meet these two people who symbolized such an important and infamous event in American history. Thanks to these two persistent people for their fight to keep Homer Plessy’s legacy alive and to pursue Justice. We are still struggling to overcome the legacy of Jim Crow era legislation.

 

 

Teachers in New Hampshire, along with parents, sued the state to block a new law that bars teaching “divisive concepts.” This law is part of the backlash against critical race theory, which is understood by Republicans to mean anything about racism or any subject that makes students uncomfortable. I am not a lawyer, but it seems to me that such lawsuits should add the law’s infringement on the First Amendment rights of teachers and students to teach and learn without infringement on their speech. No doubt there may soon be state legislatures banning specific books, which is also a direct violation of theFirst Amendment.

AFT_AFT-NH_VOCUS 2018.jpg

For Immediate Release
Dec. 13, 2021  

Contact:
Deb Howes
President@aft-nh.org
603-930-9248

Ori Korin
okorin@aft.org
202-374-6103


AFT-NH, Teachers, Parents File Lawsuit Against ‘Divisive Concepts’ Law
Unconstitutional Law Puts Teachers in Untenable Situation and ‘Chokes off Learning’
 

CONCORD, N.H.In a federal lawsuit filed today, educators and parents are taking a stand against New Hampshire’s attempt to implement a vague and punishing law that makes it impossible for public school teachers to know what and how to teach, as a result of a new law commonly known as the “divisive concepts” law. By attempting to restrict the way discrimination, diversity, bias, justice and struggle is viewed or taught, the measure puts educators at the center of a nightmare scenario: They would be required to comply with a law that appears to be at odds with the state’s constitution and its law mandating a robust and well-rounded public school education—an education that includes the teaching of accurate, honest history and current events.

The federal lawsuit, brought by AFT-New Hampshire, three N.H. public school teachers and two parents, aims to protect educators from this politically motivated new state law that put teachers at risk simply for discussing accurate historical concepts in their classrooms. At last count, New Hampshire has become one of eight Republican-controlled states that have passed laws aimed at censoring discussions around race and gender in classrooms, prompted by a conservative-led and -manufactured “crisis” over critical race theory. Dozens more are considering similar legislation

The lawsuit, filed in U.S. District Court for the District of New Hampshire in Concord, N.H., names the state attorney general, state Education Commissioner Frank Edelblut and the state Commission for Human Rights. It asks that the court rule the divisive concepts statute is unconstitutionally vague, making it impossible for educators to teach their students. 

As the suit notes, the law is so hopelessly vague and broad that the New Hampshire attorney general and state Human Rights Commission have already had to clarify it, but their clarifications have not resolved the issues and are nonbinding, putting educators in the difficult position of having to interpret several different directives to educate their students. Teachers are at risk for not knowing what they’re legally allowed to teach in their own classrooms; they fear that if they get it wrong, they run the risk of public shaming, reputational damage, or discipline, including loss of license or termination. 

In evident contrast to the divisive concept statute, New Hampshire’s uniform educational standards require that all public and private schools teach about “intolerance, antisemitism and national, ethnic, racial or religious hatred and discrimination that have evolved in the past” and that students learn about controversial events from multiple perspectives and ideologies.

The suit comes after Gov. Chris Sununu signed the New Hampshire budget bill—which included the divisive concepts provision—into law in June and the education commissioner created a webpage to facilitate third-party actions where the public could file complaints against teachers. That, in turn, led an extremist group known as Moms for Liberty to put a $500 bounty on the head of any N.H. teacher, offering cash to any informant who successfully lodges a complaint. Since then, educators report online harassment, obscenities and vicious attacks as a direct result of this political intimidation. 

Because the law is vague and ambiguous, the suit states, it is nearly impossible for teachers to follow it, making them “highly susceptible” to arbitrary and discriminatory enforcement.

AFT-New Hampshire President Deb Howes decried the law. “This law has created fear among teachers who are not actually violating any New Hampshire law, but fear they could be targeted without evidence by people with a political agenda. Educators are terrified of losing their teaching license over simply trying to teach. This is something I never thought would happen in America,” Howes said.

Ryan Richman, a high school teacher in Plaistow, N.H., teaches world history and is a named plaintiff in the suit: 

“I ask students to discuss events in the news and their connections with the past. Nine times out of 10, they want to discuss stories about oppression and how they’ve observed or experienced it—the Rohingya genocide, the Uyghur genocide, the Black Lives Matter movement. I shouldn’t lose my license for honestly discussing current events in my classroom,” Richman said. He also questions how, under the law’s prohibitions, he and his students can honestly discuss the Nazi philosophy that the Aryan race was superior to all others, the history of human chattel slavery in the American South and its impact on African Americans, or the deep-seated racial and cultural biases of the Conquistadores toward indigenous peoples.

American Federation of Teachers President Randi Weingarten, a former civics teacher, called the law “chilling and untenable.” 

“Either teachers attempt to follow a law so defectively vague and broad that they can’t fulfill their instructional duties to adequately educate their students, or they choose to teach as they have and as the state law has long required, and risk career-ending repercussions,” Weingarten said. 

“These educators are faced with an excruciating Hobson’s choice, all at the hands of this effort to smear and shame educators, divide our communities, and deny our kids opportunities to learn and thrive. 

“Public education is the lifeblood of our democracy; its purpose is to prepare our children for life, including college, career and civic participation. The core of our job as educators is to teach critical thinking and the ability to freely evaluate ideas—that’s what helps students learn, particularly when it comes to the history of our country. We must teach both our triumphs and our mistakes, whether it’s enslavement, Japanese internment or the treatment of those with disabilities. We teach so we can help students create a better future, and that requires us to learn from the past. But this flawed law aims instead to stop that, and to politicize our schools and scapegoat the people who work in them. 

“To meet the needs of every child, educators need resources, support and clarity, not further blaming and shaming codified into law. This untenable law—and the danger it poses to educators and the kids they teach—must be struck down.” 

 

 

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