Archives for category: Scandals

Laura K. Field writes about John Eastman, once a prominent lawyer, who advised Trump and his team about how to overturn the 2020 election. Her post appears at The Bulwark, a place created by Republican Never Trumpers. Eastman is involved in disbarment proceedings for his role in the failed coup.

FOR NEARLY TWO YEARS NOW, since he was revealed in September 2021 to be the author of the notorious “coup memos,” John Eastman has been walking a bizarre legal and political tightrope.

On the one hand, we have the man who filed a legal claim on behalf of President Donald Trump in Texas in December 2020 seeking to invalidate millions of votes. The man who was invited to join Trump’s unofficial legal team later that month, where he wrote the two elaborate memos delineating various paths that Trump and Vice President Mike Pence could take to delay or overturn the election count. Who tried in person to persuade Pence that, at the very least, he had the authority to delay the vote count; who spoke at Trump’s “Save America” rally on January 6th, repeating conspiratorial lies about election fraud; whose emails that same day reveal that during the siege of the Capitol that he blamed Pence for not acting as he had advised; who was caught on video (by an undercover activist) boastingabout working to overturn the election; who lost his academic appointments in the aftermath of these events; whom a federal judge concluded had “more likely than not” broken the law; who may soon be disbarred in the state of California; and who is so worried about being indicted by Special Counsel Jack Smith that he has requested a postponement of those disbarment proceedings.

On the other hand we have a man who has tried to distance himself from his own memos, at one point calling himself “the white knight here, talking [Trump] down from the more aggressive position” in advance of January 6th. This other Eastman has consistently maintained that his recommendations to Pence and Trump were narrow, sensible, and moderate. That he had merely recommended “hitting pause” on the vote count on January 6th, so that the relevant election controversies could be adjudicated by the states. That to follow the other paths articulated in his memos would have been reckless.

The gulf between these two Eastmans—the eager-to-act conspiratorial Eastman and the reticent lawyerly one—shrunk a bit last week, with the release of the third and final installment of an Eastman interview with the Claremont Institute’s main financial backer, chairman of the board, and gonzo anti-woke warrior, Thomas D. Klingenstein. In this interview, Eastman comes close to saying that his own electoral shenanigans and legal wrangling have been a sideshow. In sentiments reminiscent of Michael Anton’s “The Flight 93 Election” essay and subsequent writing, Eastman makes it clear—without fully dropping his lawyerly persona—that for him, the deeper reason for standing by Trump through his January 6th saga was that he thinks Democrats are destroying the country.

LAST WEEK, I WROTE about the first and second parts of Eastman’s interview with Klingenstein. In the first, they trot through a long list of disproven allegations of 2020 election fraud. The second is about January 6th and the question of Pence’s legal authority to delay or overturn the election.

Now comes the concluding installment, which begins by focusing on the question of prudence: Given all the complex considerations involved in the 2020 election, was it prudent for Eastman and Trump to pursue the course of action that they did?

The interview is full of odd claims and intriguing revelations. For example, at one point Eastman says that in his considerations of prudence he did not take into account the possibility of mob violence, because he was working in “a different department,” that “Trump himself had authorized the call-up of 20,000 members of the National Guard for January 6th” (not true), and that Eastman just assumed that “those things were handled.”

Eastman also suggests in this segment that he believed there was a “fair prospect” that he would have been able to win “a majority of the [Supreme] Court” in support of Pence’s right “merely to delay,” or at least to get the Court not to touch the issue as nonjusticiable.

But the interview really gets disturbing in its last ten or so minutes, when it turns to the question of Eastman’s deepest motives. Why was it so important to Eastman to see Trump re-elected? Klingenstein suggests that the “biggest” factor motivating Eastman “is the current circumstances in the country, the political and social condition.”

Eastman agrees. After some discussion about how the legal situation surrounding the 2020 election was different from the legal situation in two other close elections, those of 1960 and 2000, Eastman makes clear that the more important distinction he sees among those three elections is that “the stakes” in 2020 were higher—that they were literally life or death:

Certainly not in 1960, but also not in 2000, were the stakes about the very existential threat that the country is under as great as they are.

We’re not talking about, you know, handing over to John Kennedy, instead of Richard Nixon, who’s gonna deal with the Cold War. We’re talking about whether we are going to, as a nation, completely repudiate every one of our founding principles, which is what the modern left wing which is in control of the Democrat party believes—that we are the root of all evil in the world and we have to be eradicated.

This is an existential threat to the very survivability, not just of our nation, but of the example that our nation, properly understood, provides to the world. That’s the stakes.

Obviously, when the stakes are this high, you do whatever you can to fight back. As Anton put it about the 2016 election, you “charge the cockpit or you die.” So when the opportunity came along to be part of a challenge to the normal election processes, Eastman was eager to join the fight.

The interview does not, it seems to me, involve a moment where Eastman fully “comes clean” about trying to overthrow a legitimate election (as Josh Marshall has suggested). Rather, what Eastman does is zoom in and out between what we might call the deeper cause of his actions—his belief, entirely consonant with Anton’s original “Flight 93 Election” bullshit, that liberals and the left pose an existential threat to the country and are traitors to the country’s founding principles—and the immediate rationale or pretext for his behavior, which is the premise of the stolen election.

In the very next part of the interview, Eastman zooms out:

Trump seems to understand that [i.e., the stakes] in a way a lot of Republican establishment types in Washington don’t, and it’s a reason he gets so much support in the hinterland and the ‘flyover country.’ People are fed up with folks, you know, get-along-go-along while the country is being destroyed.

And then Eastman zooms back in to argue that these high stakes justified his involvement in Trump’s post-election machinations:

And so I think the stakes are much bigger, and that means a stolen election that thwarts the will of the people trying to correct course, and get back on a path that understands the significance and the nobility of America and the American experiment is really at stake and we ought to fight for it.

Eastman and Klingenstein seem almost to suggest that stolen elections are a dime a dozen in American history, but only in this instance was it worth the fight.

At this point in the interview, Eastman all but drops the façade, and zooms out all the way. When asked by Klingenstein once again whether he maybe would have made a different prudential calculation in 1960 or 2020, Eastman says yes, “I may have come to a different conclusion.” Then he proceeds to explain:

Look, our founders lay this case out. The prudential judgment they make in the Declaration of Independence is the same one. There’s actually a provision in the Declaration of Independence that says, you know, a people will suffer abuses while they remain sufferable—or tolerable, while they remain tolerable—but at some point the abuses have become so intolerable that it is not only their right but their duty to alter or abolish the existing government.

So that’s the question. Have the abuses and the threat of abuses become so intolerable that we have to be willing to push back.

This is an extraordinary thing to admit. For one thing, by the time you’re appealing to the Declaration of Independence in that way you are in effect admitting that you were trying to overthrow your government.

It may be obvious but it’s worth saying this out loud: Violence is implicit in this line of argument. Lincoln understood this when he spoke of Americans’ “revolutionary right to dismember or overthrow” their own government. The men and women who charged the Capitol understood this. Eastman and Klingenstein, sitting in their suits and ties in an elegant study lined with books, may deny having violent intentions, may even abjure the use of force, but implicit in their rhetoric in this interview and elsewhere (Klingenstein’s website: “The essential thing is for Republicans to understand we are in a war and then act accordingly”) is a justification for violence.

AS THE INTERVIEW CONCLUDES, Eastman goes on to maintain, again, that supposed Democratic election-stealing played a part in his prudential calculation. But he says plainly enough throughout that the more fundamental motive concerned the basic state of the country and his political and philosophical disagreements with Democrats. A few minutes after his appeal to the Declaration, Eastman will claim that Democratic efforts to destroy the country have accelerated rapidly—“it’s been an exponential increase in the last few years”—and as an example he quotes the culture wars: “You’re gonna let 50-year-old-men naked into teenage girls’ showers at public pools, or drag queens doing story hours to 6-year-olds.”

Of course. The trans people and drag queens left Eastman no choice. The Democrats made him do it.

The Klingenstein-Eastman interview is, in the main, situated squarely in the muck of conspiracy theories about the 2020 election and obtuse speculative reasoning about the vice president’s proper role in the congressional counting of Electoral College votes. In this third installment, however, as Eastman goes on about Democratic bogeymen and the higher “stakes” of the 2020 election, it becomes quite clear that, at some point, for these men and in this fight, anything goes. Pretexts and premises be damned.

Given the overall sham quality of Eastman and Trump’s political and legal arguments to date, it seems quite likely that they both reached that point a long time ago. At this point the two men have gone all in. Nothing’s going to stop them now.

Except, maybe, in Eastman’s case at least, the American courts and rule of law.

Categories Elections, Extremism, Fraud, Republicans, Scandals, Trump

North Carolina: Why Tricia Cotham Betrayed Voters and Gave GOP a Supermajority

By dianeravitch

July 31, 2023 //

Last April, newly elected Democrat Tricia Cotham announced that she was switching from the Democratic Party to the Republican Party. This was after she had campaigned as a supporter of abortion rights, an opponent of school vouchers, and a loyal Democrat. Her betrayal of voters in her blue district shook up the state’s politics, because it meant that the hard-right Republicans in the state legislature (the General Assembly) could override the vetoes of Democratic Governor Roy Cooper.

Everyone who saw the damage wrought by Cotham wondered why she did it. She claimed that Democrats didn’t appreciate her enough. That’s a strange reason to flip positions on big issues.

The New York Times reporters Kate Kelly and David Perlmutt found out why she switched: she was wooed by powerful Republicans, encouraged to run, and flipped knowing full well that she lied to her voters.

When Tricia Cotham, a former Democratic lawmaker, was considering another run for the North Carolina House of Representatives, she turned to a powerful party leader for advice. Then, when she jumped into the Democratic primary, she was encouraged by still other formidable allies.

She won the primary in a redrawn district near Charlotte, and then triumphed in the November general election by 18 percentage points, a victory that helped Democrats lock in enough seats to prevent, by a single vote, a Republican supermajority in the state House.

Except what was unusual — and not publicly known at the time — was that the influential people who had privately encouraged Ms. Cotham to run were Republicans, not Democrats. One was Tim Moore, the redoubtable Republican speaker of the state House. Another was John Bell, the Republican majority leader…

Three months after Ms. Cotham took office in January, she delivered a mortal shock to Democrats and to abortion rights supporters: She switched parties, and then cast a decisive vote on May 3 to override a veto by the state’s Democratic governor and enact a 12-week limit on most abortions— North Carolina’s most restrictive abortion policy in 50 years…

More perplexing to many Democrats was why she did it. Ms. Cotham came from a family with strong ties to the Democratic Party, campaigned as a progressive on social issues and had even co-sponsored a bill to codify a version of Roe v. Wade into North Carolina law…

Late in March, just a few days before switching parties, she skipped a pivotal gun-control vote, helping Republicans loosen gun restrictions in the state. After she became a Republican, she sponsored a bill to expand student eligibility for private-school vouchers, voted to ban gender-affirming care for minors and voted to outlaw discussions of race or gender in state job interviews.

“This switch has been absolutely devastating,” said state Representative Pricey Harrison, a Democrat from Greensboro.

Ms. Cotham received a standing ovation at North Carolina’s state Republican convention in June. She was invited to meet privately there with Gov. Ron DeSantis of Florida and former Vice President Mike Pence.

“She’s a rock star among the Republican Party activists and voter base,” said U.S. Representative Dan Bishop, a Republican who said he encouraged Ms. Cotham to join his party and who stood behind her when she announced the decision.

There were clues that should have raised suspicions. In an earlier stint in the legislature, Cotham was loud in demanding greater accountability for charter schools. After she left the legislature, she was a lobbyist for the charter school industry. When she returned this year and flipped parties, she led the Republican demand to transfer control of charters from the State Board of Education to the General Assembly.

The move would, at first, shift independent oversight of charter schools from a board largely appointed by the governor to a board largely appointed by the General Assembly….

Cotham, a former teacher, has been a supporter of school choice. She was the president of a corporation that ran charter schools. Cotham is one of three chairs of the House Education Committee, a role she’s held since the start of the session when she was a Democrat, a rare position for a Democrat in the GOP-controlled chamber.

Real Democrats support public schools, not corporate charter chains or vouchers.

Categories Accountability, Democrats, Elections, Ethics, Extremism, Hypocrisy, Lies, North Carolina, Republicans, Scandals, Vouchers

Texas Law Allows Big Profits for Charter Operators

By dianeravitch

July 20, 2023 //

https://www.expressnews.com/politics/article/laws-Texas-charter-school-profits-DRAW-Horizon-17723803.php

Just over two years ago, Universal Academy, a Texas charter school with two campuses in the Dallas area, made a surprising move.

In November 2020, a nonprofit foundation formed to support the school bought a luxury horse ranch and equestrian center from former ExxonMobil Chairman Rex Tillerson. The 12-building complex features a show barn “designed with Normandy-style cathedral ceilings,” a 120,000 square foot climate-controlled riding arena and a viewing pavilion with kitchen and bathrooms.

DRAW Academy, center, photographed Thursday, Jan. 19, 2023, in Houston.

Last summer the Texas Education Agency granted Universal Academy permission to create a new elementary campus on the horse property’s manicured grounds. It will offer students riding lessons, according to a brochure, for $9,500.

Sales prices aren’t public in Texas, but the 100-acre property had been listed for $12 million when Tillerson, who also served as secretary of state under former President Donald Trump, bought it in 2009. Because of the foundation’s nonprofit status and its plans to offer equine therapy, the parcel has been removed from the tax rolls.

School board President Janice Blackmon said Universal hopes to use the facility to start a 4H chapter and Western-style horsemanship training, among other programs that take advantage of its rural location. “We’re trying to broaden the students and connect them to their Texas roots,” she said.

Splashy purchases like the horse arena are receiving increasing public scrutiny as charter schools continue to expand aggressively across Texas. Under state law, charter schools are public schools — just owned and managed privately, unlike traditional school districts.

An analysis by Hearst Newspapers found cases in which charter schools collected valuable real estate at great cost to taxpayers but with a tenuous connection to student learning. In others, administrators own the school facilities and have collected millions from charging rent to the same schools they run.

In Houston, the superintendent and founder of Diversity, Roots and Wings Academy, or DRAW, owns or controls four facilities used by the school, allowing him to bill millions to schools he oversees. DRAW’s most recent financial report shows signed lease agreements to pay Fernando Donatti, the superintendent, and his companies more than $6.5 million through 2031.

In an email, superintendent Donetti at DRAW said the property transactions were ethical, in the best interest of DRAW’s students and properly reported to state regulators. He said his school was “lucky” he was able to purchase the property because of challenges charters can face finding proper facilities. DRAW Academy, center, photographed Thursday, Jan. 19, 2023, in Houston.Jon Shapley/Staff photographer

Also in the Houston area, at ComQuest Academy Charter High School, the superintendent and her husband also own the company to which the school pays rent.

And Accelerated Learning Academy, a charter school based in Houston, is still trying to get a tax exemption on one of the two condominiums it bought just over a decade ago in upscale neighborhoods in Houston and Dallas. The school claims it has used the condos for storage, despite a nearby 9,600 square foot facility.

The battles between school districts and charter networks have become increasingly pitched, as they are locked in a zero-sum battle for public dollars.

Last year in Houston, about 45,000 students transferred from the ISD to charter schools, resulting in a loss to the district of a minimum of $276 million. That figure includes only the basic allotment received by the districts, excluding special education funding or other allotments.

In San Antonio, the two largest school districts are Northside ISD and North East ISD. More than 12,000 Northside students transferred to charter schools in the 2021-2022 school year, as did just under 8,000 from North East ISD. That means Northside lost at least $75 million, while North East lost $50 million, using the same basic allotment figures.

Each side cries foul about the other’s perceived advantages: charters are able to operate with less government and public scrutiny, while school districts benefit from zoning boards and can lean on a local tax base for financing.

Georgina Perez, who served on the State Board of Education from 2017 until this year, noted arrangements such as these would never be permitted at traditional school districts.

“If it can’t be done in (school districts), they probably had a good reason to disallow it,” she said. “So why can it be done with privately managed charter franchises?”

Lawmaker: ‘Sunshine’ is best cure

The largest charter network in Texas was a catalyst for the increased public scrutiny of charter school spending.

IDEA Public Schools faces state investigation for its spending habits, including purchases of luxury boxes at San Antonio Spurs games, lavish travel expenditures for executives, the acquisition of a boutique hotel in Cameron County for more than $1 million, plans to buy a $15 million private jet and other allegations of irresponsible or improper use of funds. The allegations date back to 2015 and led to the departure of top executives — including CEO and founder Tom Torkelson, who received a $900,000 severance payment.

Over the years lawmakers have steadily tightened rules for charter governance. A 2013 bill included provisions to strengthen nepotism rules; a 2021 law outlawed large severance payments. That bill was sponsored by Rep. Terry Canales, a South Texas Democrat whose district has some of the highest rates of charter school enrollment in the state.

“There’s a lot of work to be done for the people of Texas when it comes to charter schools,” Canales said. “Sunshine is the best cure for corruption. And the reality is it seems to be sanctioned corruption in charter schools.”

Considering the increased scrutiny, “It’s a myth that charter schools today are unregulated,” said Joe Hoffer, a San Antonio attorney who works on behalf of many charter schools. “Every session, more and more laws get passed.” If anything, he said, charter schools often have to jump through more regulatory hoops than local schools.

Yet acquiring property remains a gray area.

Categories Accountability, Charter Schools, Competition, Corporate Reform, Corruption, Deregulation, Education Industry, For-Profit, Privatization, Scandals, School Choice, Texas

Heather Cox Richardson: The Case Against Hunter Biden

By dianeravitch

June 21, 2023 //

Heather Cox Richardson hits it out of the park with this column. Republicans are screaming that Hunter Biden got a slap on the wrist for his crimes, and that the Justice Department went easy on him. But Richardson points out that President Biden left the Trump-appointed U.S. Attorney for Delaware in place, and he prosecuted the case. For those upset about Hunter Biden, when will they demand to know why the Saudis gave Jared Kushner $2 billion six months after he left office?

She writes:

After years of accusations and rumors swirling around Hunter Biden, the 53-year-old son of President Joe Biden, the Department of Justice has reached a tentative deal with the younger Biden: He will plead guilty to two misdemeanor charges of failing to file income tax returns for 2017 and 2018 by the filing date, for which he owed more than $100,000 each year. Biden’s representatives say he has since paid the Internal Revenue Service what he owed. Prosecutors will ask for two years’ probation.

Biden will also admit to the fact that he possessed a firearm as an addict, for which he and prosecutors have agreed he will enter a pretrial diversion agreement that will require that he stay clean for two more years, after which the charge will be removed from his record.

Representative James Comer (R-KY), chair of the House Oversight Committee, promptly accused “the Bidens” of “corruption, influence peddling, and possibly bribery” and called the deal “a slap on the wrist.” Throughout the day, right-wing figures have insisted that the deal is proof that President Biden is using the Justice Department to shield his family and to persecute his enemies.

In fact, Biden worked hard to reestablish the independence of the Justice Department after Trump had used it for personal ends. Trump broke the tradition that FBI directors should serve out their ten-year term—a term chosen to emphasize that the position should not be political—by firing FBI director James Comey when Comey refused to stop the bureau’s investigation of the 2016 Trump campaign’s ties to Russian operatives; Biden tried to reestablish the guardrails around the position when he declined to replace FBI director Christopher Wray, appointed by Trump.

Biden also left in place the U.S. attorney for the District of Delaware—the person overseeing the investigation into Hunter Biden that began in 2018—to make the independence of the investigation clear. That Trump appointee, U.S. Attorney David C. Weiss, is responsible for the deal. Georgetown University policy professor Don Moynihan pointed out that Weiss has been investigating Hunter Biden for five years and “[b]est they could do is tax charges which rarely get this level of attention. If Comer has anything real, the prosecutor would have used it.”

Indeed, rather than going easy on Hunter Biden, there are signs that prosecutors treated him more harshly than is typical for similar crimes. Roger Sollenberger, a senior political writer for the Daily Beast, explained that “Roger Stone and his wife settled a $2 million unpaid taxes civil case with DOJ last year—they weren’t charged criminally, unlike Hunter Biden, so they didn’t even get probation.” Justice reporter for NBC News Ryan Reilly noted that it is very rare for prosecutors to bring the addict in possession of a weapon charge they used against Biden. In the past it has been used to find a charge that will stick or alongside charges concerning violent crime.

As right-wing leaders, including House speaker Kevin McCarthy (R-CA), nonetheless attacked the Justice Department for what they claimed was a “two-tiered justice system” that went easy on Biden, Greg Sargent of the Washington Post noted, “The right doesn’t seem to care about the legal process—they care about the results. Their aim is the destruction of the independence of federal law enforcement in favor of a weaponized justice system, and they will keep creating new pretexts until they get it.”

Trump had his own reaction to the Biden charges, calling them “a massive INTERFERENCE COVERUP & FULL SCALE ELECTION ‘SCAM’ THE LIKES OF WHICH HAS NEVER BEEN SEEN IN OUR COUNTRY BEFORE. A ‘TRAFFIC TICKET,’ & JOE IS ALL CLEANED UP & READY TO GO INTO THE 2024 PRESIDENTIAL ELECTION – AND THIS AS CROOKED DOJ, STATE, & CITY PROSECUTORS, MARXISTS & COMMUNISTS ALL, HIT ME FROM ALL SIDES & ANGELS WITH BULL….! MAKE AMERICA GREAT AGAIN!!!” [sic]

Eric Lipton of the New York Times reported today on the Trump family’s ties to a multibillion-dollar project in Oman. The resort project is backed by the Omani government, which has put up the land for the project and is investing up to a billion dollars to upgrade the infrastructure near the project and to fund the project’s initial phase. It will also take a cut of the profits. A Saudi real estate firm closely allied with the Saudi government brought Trump into the deal. The Trump family will not put any money into the project, but the Omani government has paid the Trump Organization at least $5 million for the use of his name and will pay the Trump Organization to manage a hotel, golf course, and golf club for the next 30 years.

“There is a big wealth concentration in the world, which means that those people will more and more demand more exclusive products and more exclusive projects,” the chief executive of the London-based DarGlobal subsidiary of the Saudi real estate firm said earlier this year. The project is being constructed by migrants paid as little as $340 a month for ten hours a day of grueling work in heat above 100°F, or 38°C.

Tonight news broke that on Friday, Owen Shroyer, who worked alongside Alex Jones at the right-wing conspiracy media site InfoWars, will change his plea for charges associated with the January 6, 2021, attack on the U.S. Capitol to “guilty,” which might signal that he has flipped.

Shroyer was at the so-called “War Room” on January 5 with Trump lawyer Rudy Giuliani, advisors Steve Bannon and Roger Stone, General Michael Flynn, and Christina Bobb, the lawyer who later signed off on Trump’s statement that he had returned all the classified documents in his possession (he had not). Trump’s chief of staff, Mark Meadows, repeatedly expressed interest to his aide Cassidy Hutchinson in joining the people in that command center, but in the end was talked into calling the group rather than going over.

Shroyer was also part of the 47-member “Friends of Stone” encrypted chat group that organized in 2019 to support Trump in the upcoming election and then to keep him in office after he lost in 2020. If Shroyer has, indeed, flipped, he could provide an important window into the upper levels of the attempt to overturn the results of the 2020 presidential election.

Both the New York Times and the Washington Posthave recently reported that several months ago, officials in the Biden administration began indirect talks with Iran in hopes of stopping Iran’s proxy attacks on U.S. forces in Syria, bringing home three Iranian American business executives being held on charges the U.S. considers false—Emad Shargi (detained 2018), Morad Tahbaz (detained 2018), and Siamak Namazi (detained 2015)—and reining in that country’s nuclear weapons development program. In 2018, Trump pulled the U.S. out of the Joint Comprehensive Plan of Action (JCPOA) with Iran that limited Iran’s nuclear research and development. Tehran quickly restarted its uranium enrichment, research and development of advanced centrifuges, and expansion of its stockpile of nuclear fuel. According to Colum Lynch of Foreign Policy, this cut in half the time Iran would need to produce enough weapons-grade fuel to build a nuclear weapon.

Biden yesterday announced a $600 million investment in addressing climate change, with that investment focused on coastal areas and communities around the Great Lakes. Funding for projects, including modernizing electrical grids to make them resilient to extreme weather events, national disasters, and wildfires, comes from the Inflation Reduction Act and the Bipartisan Infrastructure Law.

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Notes:

To read the footnotes, please open the article.

Twitter links:

SollenbergerRC/status/1671180412498878464

donmoyn/status/1671163439333650436

MuellerSheWrote/status/1671262234352451589

ThePlumLineGS/status/1671226546676170787

SykesCharlie/status/1671230641831129088

harrylitman/status/1671179022313865220

harrylitman/status/1671157442921791488

ryanjreilly/status/1671157209735237633

Categories Biden, Elections, Ethics, Justice, Republicans, Scandals, Trump

Carol Burris: The New Christian Nationalist Charter Schools

By dianeravitch

June 12, 2023 //

Carol Burris, executive director of the Network for Public Education, writes here about the latest disturbing development in the charter school industry—the growth of charter schools that promote a Christian Nationalist perspective. Her article was published on Valerie Strauss’s blog The Answer Sheet at the Washington Post.

Valerie Strauss introduces Carol’s article:

The religious right scored a win this week when Oklahoma’s virtual charter school boardapproved the opening of the nation’s first religious charter school, which, if it is actually allowed to open as planned in 2024 for grades K-12, will weave Catholic doctrine into every single subject that students take. Given that charter schools are publicly funded, and public schools aren’t supposed to provide religious education (although they can teach about religion), you may wonder how this school could be given permission to exist.

The decision is no surprise to people watching the way some charter schools run by right-wing organizations have been operating in recent years, pushing the boundaries of the separation of church and state embedded in the U.S. Constitution even as Supreme Court decisions have chipped away at it. Details can be found in a new report entitled “A Sharp Turn Right: A New Breed of Charter Schools Delivers the Conservative Agenda.” (See full report below.) It was written by the nonprofit Network for Public Education, a group that advocates for traditional public school districts and opposes charter schools, and has written reports in recent years chronicling waste and abuse of public funding of charter schools.

The network’s newest report looks at charter schools that it says are designed to attract Christian nationalists with specific imagery and curriculum. The student bodies of these schools are largely Whiter and wealthier than in other schools — in the charter sector and in traditional public districts — and have deep connections to people within conservative Christian movements, the report says.

Former U.S. education secretary Betsy DeVos, a leader in the movement to expand charter schools and school vouchers — which use public funds for private and religious school education — has acknowledged that her work in the education sphere is driven by desire to advance school choice as a path to “advance God’s kingdom.” Her husband, Amway heir Richard DeVos, who worked with her for decades in the school choice movement, said he was sorry that public schools “displaced” churches as the center of communities.

The charter school movement moved into new territory Monday when the Oklahoma Statewide Virtual Charter School Board approved, on a 3-2 vote, an application for the opening of a virtual school to be named St. Isidore of Seville Catholic Virtual School and run by the Roman Catholic Archdiocese of Oklahoma City and the Diocese of Tulsa. The vote will be challenged in court, and as attorney and education policy scholar Kevin Welner wrote on this blog last year, we can expect to see litigation around whether church-run charters can “successfully assert their Free Exercise rights in an attempt to run the school without restrictions on proselytizing and religiously motivated discrimination.” You can read here about howthe Supreme Court has been laying the groundwork for religious charter schools.

The new report by the Network for Public Education focuses on two types of charter schools: classical charters — which use the word “classical” in their names — and those offering “back to basics” curriculum. Diane Ravitch, an education historian and co-founder of the Network for Public Education, said in an introduction to the report that these charter schools are “the lesser-known third part” of a strategy by right-wing Christians to undermine secular public education; the others are vouchers and similar programs that use public funding for private and religious education, and book/curricular bans.

While private classical schools have a long history — emphasizing Eurocentric texts and the study of Latin and Greek — what is new is “the use of taxpayer dollars to fund them when they become or are established as charter schools,” the report said. Founders of classical charters generally reject modern instructional practices and accuse Progressive Era educational leaders such as John Dewey for removing Christian ideals from curriculum.

The Network for Public Education’s report notes that in classical private Christian schools, the curriculum focuses not only on the Western canon — Homer, C.S. Lewis and beyond — but also on scripture. “Classical charter schools emphasize ‘values’ or ‘virtues,’ which stand as shorthand for quoted scripture,” it says, which is especially true of classical charters that have opened since Donald Trump became president in 2017. “From videos posted on websites to crosses shown on the top of the school, we found example after example of charter schools presenting themselves as free private Christian schools,” the report says. It cited Liberty Common High School in Fort Collins, Colo., which celebrates “capstones” representing the “highest order of virtue and character,” including “prudence, temperance, and patriotism,” and the American Classical Charter Academy in St. Cloud, Fla., which promotes eight “pillars of character” and four “classical virtues.”

“Back to basic” schools use red, white, and blue school colors, patriotic logos and pictures of the Founding Fathers, along with terms such as virtue, patriotism and sometimes outright references to religion, the report says, citing as an example the website of the four-campus Advantage Academy in Texas, which boasts of educating students in a “faith-friendly environment.” The Cincinnati Classical Academy, another charter school, does not advertise its charter status on its website, while offering a free education with instruction in “moral character.” The American Leadership Academy in Utah posts videos its choir singing religious songs; one includes the note, “We want to help kids and adults turn to Jesus, or become Jesus people.

The fastest-growing sector of right-wing charters combines both a classical “virtuous” curriculum with “hyper-patriotism,” exemplified by charter schools that adopt the Hillsdale 1776 curriculum, which is centered on Western civilization and designed to help “students acquire a mature love for America,” its organizers say. The curriculum comes from Hillsdale College in Michigan, whose longtime president, Larry Arnn, is an ally of Trump’s and is aligned with DeVos. A Hillsdale K-12 civics and U.S. history curriculum released in 2021 extols conservative values, attacks liberal ones and distorts civil rights history, saying, for example: “The civil rights movement was almost immediately turned into programs that ran counter to the lofty ideals of the Founders.”

The Network for Public Education said that it had identified 273 open charter schools that offer a classical curriculum and/or have websites designed to attract White conservative families with for-profit management corporations running 29 percent of them, a percentage nearly twice as high as the entire charter school sector.

The new report looks at Roger Bacon Academy charter schools, run by Baker A. Mitchell Jr., which prohibit girls from wearing pants or jeans to school in order, according to a lawsuit, to ensure they are regarded as “fragile vessels” that men are supposed to take care of and honor, based on a quote from the Bible’s New Testament. (A ruling in a lawsuit challenging the dress code is on appeal to the Supreme Court after a federal judge ruled in favor of Bonnie Peltier, who objected to the unequal treatment of her daughter.) Students are also required to recite a daily oath committing them to be “morally straight” and guard “against the stains of falsehood from the fascination with experts,” while also avoiding the “temptation of vanity” and “overreliance on rational argument.”

“A Sharp Turn Right” also says one purpose of these schools is “to raise the next generation of right-wing warriors” to fight culture wars. Kyle Shideler, a senior analyst at the Center for Security Policy, an anti-Muslim organization classified as a hate group by the Southern Poverty Law Center, wrote in a recent article in the Federalist that donors should fund boot camps to train right-wingers in “the political dark arts” of organizing. In the article, he praises Hillsdale College for “the growing Christian classical school movement … for the purpose of forming young minds.”

Shideler is referring to Hillsdale’s Barney Charter School Initiative, which stems from the Barney Family Foundation, established by Stephen Barney and his wife, Lynne, in 1998. The report says it identified 59 charter schools that are open or will soon open that claim affiliation to the initiative. While Hillsdale College’s mission is to maintain “by precept and example the immemorial teachings and practices of the Christian faith,” the mission of their K-12 charter schools includes a call for “moral virtue.”

The foundation’s 990s tax forms show that in addition to its health and child-centered charities, it funds right-wing think tanks, foundations and organizations that create conservative legislation on various issued used as models by Republican-led states. One recipient has been Hillsdale College, where Stephen Barney is a trustee emeritus on the Board of Trustees. Between 2010 and 2019, the Network for Public Education identified more than $4 million earmarked for the college from his foundation. In 2010, the Barney Charter School Initiative began with a half-million-dollar contribution from the foundation, and contributions in that range have been recorded every year for which records are available, the report says.

“A Sharp Turn Right” discusses examples of Republican officeholders and party chairs who, like Oklahoma Gov. Kevin Stitt (R), aggressively push the conservative charter school agenda. Republican Heidi Ganahl, who lost to Colorado Gov. Jared Polis (D) in the 2022 gubernatorial election, is a founder of the Golden View Classical Academy. She also advocates for one of the fastest-growing Hillsdale-affiliated charter chains, Ascent Classical Academies, which operates two schools in Colorado, with plans to open four more in South Carolina, three in Colorado and at least one in North Carolina.

Read the report here.

Categories Accountability, Charter Schools, Curriculum, Democracy, Disruption, Education Industry, Religion, Scandals, Segregation, Separation of church and state

NPE: STOP PUBLIC FUNDING OF UNACCOUNTABLE EXTREMIST NETWORKS!

By dianeravitch

January 30, 2023 //

For Immediate Release: For more information, contact: Carol Burris, NPE Executive Director, 718-577-3276, cburris@networkforpubliceducation.org

PRO-VOUCHER SPECIAL INTERESTS WORK TO FUNNEL PUBLIC FUNDS INTO UNACCOUNTABLE AND EXTREMIST NETWORKS

The Network for Public Education (NPE) calls for the immediate cessation of ESA voucher payments to homeschoolers and all other non-school-based “individualized” instruction programs based on the discovery of an online homeschooling network whose primary purpose is to teach young children to be Nazis. According to the report in the Huffington Post, its numbers thus far are in the thousands, but the greater threat is how its existence exposes the dangers of publicly-subsidized vouchers designed to fund extremist beliefs. Such programs, including so-called micro-schools, operate with almost no curricular supervision or public fiscal oversight, allowing them to legally indoctrinate children with a distorted hate-filled curriculum directly supported by public funds.

NPE President Diane Ravitch stated, “Our nation fought a World War to defeat Nazism. Public funds should not be used to propagate hatred of our fellow citizens. Public education exists to foster mutual respect among all citizens. Our public dollars should be used to teach the shared values of democracy, especially the rule of law, the equality of every person, the importance of free and fair elections, and the value of education in pursuing a life of dignity and purpose.”

Seven states now fund programs solely supervised by families with no control over whether a sound academic curriculum is taught. Eight states have introduced legislation that would either start or expand such programs.

“These ESA voucher programs, which are mislabeled as scholarships and saving accounts, have been subject to fraud and abuse,” said Dr. Carol Burris, NPE executive director. “NPE has long held concerns that funded at-home programs might teach children misinformation or a radical curriculum of hate. This Neo-Nazi homeschool network now confirms our deepest fears.”

Many ESA voucher laws do not require the parent to present evidence that the student has learned anything to receive thousands of dollars in public funds.

In states that have adopted voucher plans, the academic results for students who left public schools are “disastrous,” says Josh Cowen, a professor at Michigan State University and a veteran voucher researcher. In addition, 75-80% of voucher funding goes to students already enrolled in private or religious schools.

NPE also calls on every state to carefully review its homeschool laws. Eleven states do not require homeschoolers to report that their child is homeschooled, making a mockery of state compulsory education laws. No states have laws that would prevent the teaching of hate curricula.

“As more states adopt laws that fund unregulated radical schooling arrangements, we must ensure that children’s emotional and physical well-being are guarded. While we cannot protect children from those parents who would fill their minds and hearts with hate, we can at least ensure that our tax dollars are not supporting such instruction,” Burris concluded.

The use of public funds to support extremist and anti-social agendas, unfortunately, has a long track record for the privatization community, especially as today’s unpopular modern school vouchers being pushed in legislatures across the country have evolved from the segregationist reaction to the Brown v Board of Education Supreme Court ruling.

The Network for Public Education (NPE) was founded in 2013 by Diane Ravitch and Anthony Cody. Its mission is to protect, preserve, promote, and strengthen public schools for current and future generations of students. We share information and research on vital issues that concern the future of public education. For more information, please visit: networkforpubliceducation.org

Categories Accountability, Extremism, Hoax, Home Schooling, Scandals, Vouchers

Tennessee: Principal of a Christian School Arrested for Allegedly Having Sex with Students

By dianeravitch

January 27, 2023 //

Crooks & Liars found this story from Tennessee in Law & Crime about the principal of a Christian school who has been arrested twice for allegations of sex with minors.

This is of interest because Governor Bill Lee has made it a priority to bring charter schools and vouchers to his state, which would reduce public oversight of school employees. In the case of vouchers,there are typically no state regulations for certification or background checks.

Law&Crime reports:

A 47-year-old principal at a Christian private school in Tennessee was arrested for the second time in less than a year over allegations that he engaged in illegal sexual activity with multiple minors. Jason Kennedy was taken into custody last week and charged with four counts of sexual battery by an authority figure, two counts of continuous sexual abuse of a child, one count of aggravated sexual battery, and one count of solicitation of a minor to observe sexual conduct, records reviewed by Law&Crime show.

Kennedy was the principal and a teacher at Liberty Christian School when he was initially arrested in August and charged with two counts of sexual assault by an authority figure and one count of solicitation of a minor.

Brittney Branham, a 28-year-old secretary and homeschool coordinator at Liberty, was also arrested in August and charged with one count of solicitation of a minor in connection with the same series of incidents that allegedly took place inside Kennedy’s home, where Branham was also a resident, according to a report from Knoxville NBC affiliate WBIR-TV.

It really is better for all if teachers and principals are educated, certified, and subject to background checks.

Numerous states controlled by Republicans want to “let the money follow the child” to any place, without regulation or oversight or accountability. This is not in the best interest of children, society, or education.

Categories Corruption, Religion, Scandals, School Choice, Tennessee, Vouchers

Cassidy Hutchinson Has a Moral Core

By dianeravitch

December 27, 2022 //

It gets tiresome to read about the cheats, liars, grifters, and dishonorable people who rise to wealth and power. Thus it is a relief to read about a young woman who had neither wealth nor power, but something far more powerful: a moral core. A sure sense of right and wrong. Principles. Others could boldly lie or feign ignorance when testifying under oath. She couldn’t do it. She wanted to be able to look herself in the mirror every day without grimacing.

Ruth Marcus, the deputy editor of The Washington Post, wrote about her, a woman with more wealth and power than those she served because she has a clear conscience.

After I read the column below, I read the transcript of Cassidy’s interview with the January 6 Committee. She goes through the details of how she changed from a loyal partisan of Trump world to a renegade, more concerned with telling the truth than pleasing her handlers. She was without a job for a year, and she relied on a Trump world lawyer. He advised her to say as little as possible in answer to the Committee’s questions and to answer whenever possible, “I don’t recall.” He and others in Trump’s entourage promised to get her a good job, to take care of her, as long as she protects the team. They flattered her and told her that she’s doing a good job, she’s a member of the family, and they will always have her back. So much of it sounds like something out of The Sopranos. She wants to please them, but she also wants to tell the truth. At one point, as she is doing her best to please them, she admits that she is “disgusted” with herself.

A cynic might wonder why she had so many qualms about lying for a president who lied repeatedly every day. But then you remind yourself that she’s a young kid, not long out of college, working in a dream job. Of course she wanted to please her superiors in Trump world. Of course she was afraid that they would destroy her if she defected. But somewhere inside her was a moral core that required her to tell the truth.

Marcus wrote:

Cassidy Hutchinson knew better than to put herself in debt to what she called “Trump world.” As she would later testify, “Once you are looped in, especially financially with them, there is no turning back.”

But Hutchinson, who witnessed the final days of the Trump White House from her all-access perch as an aide to Chief of Staff Mark Meadows, had been subpoenaed by the Jan. 6 select committee. The deadline for turning over documents was looming, and Hutchinson was, she said, “starting to freak out.” One lawyer she consulted said he could assist — then demanded a $150,000 retainer.

So, the young aide, out of work since Donald Trump had left office a full year earlier, initially decided to turn to Trump world for help. Which is how she came to receive a phone call from Stefan Passantino, previously a lawyer in the Trump White House counsel’s office.

“We have you taken care of,” he told Hutchinson. When she asked who would be paying the bills, Passantino demurred — this despite legal ethics rules that let attorneys accept payment from third parties but only with the “informed consent” of their client.

“If you want to know at the end, we’ll let you know, but we’re not telling people where funding is coming from right now,” Hutchinson, in her deposition, recalled him saying. “Like, you’re never going to get a bill for this, so if that’s what you’re worried about.”

If Hutchinson’s live testimony before the select committee was riveting, her deposition testimony, taken several months later and released Thursday, is a page-turner: The Godfather meets John Grisham meets “All the President’s Men.” Before, we could only imagine how frightening the situation must have been for the 20-something Trump staffer. Now, we can read of her frantic search for help, and her terror as she contemplated telling the truth.

It is a tale, at least in Hutchinson’s telling, of Trump allies dangling financial support in exchange for unyielding loyalty. “We’re gonna get you a really good job in Trump world. You don’t need to apply other places,” Passantino assured Hutchinson. “We’re gonna get you taken care of. We’re going to keep you in the family.” The goal, as he set it out, was clear: “We just want to focus on protecting the President.”

It’s a story of meek compliance enforced by fear of consequences — and menacing admonitions to remain on board. “They will ruin my life, Mom, if I do anything they don’t want me to do,” Hutchinson told her mother when she offered congratulations about finally securing a lawyer.

The night before her second interview with the committee, an aide to Meadows called Hutchinson about her former boss: “Mark wants me to let you know that he knows you’re loyal and he knows you’ll do the right thing tomorrow and that you’re going to protect him and the boss. You know, he knows that we’re all on the same team and we’re all a family.”

Most vividly, it is a chilling account of questionable legal ethics practiced by Passantino who, in a plot twist worthy of a Hollywood scriptwriter, was the Trump White House’s chief ethics officer. Passantino is depicted repeatedly advising Hutchinson to fall back on an asserted failure to remember anything. “The less you remember, the better.”

Except Hutchinson did remember — and quite a lot. Such as the incident in the presidential limousine, as related to Hutchinson by deputy chief of staff Tony Ornato, in which an enraged Trump allegedly lunged at his lead Secret Service agent when he refused to take the president to the Capitol on Jan. 6.

When Hutchinson mentioned this episode to Passantino shortly before her first interview with the committee, “he’s like, ‘No, no, no, no, no. We don’t want to go there. We don’t want to talk about that.’” The committee, he said, “have no way of knowing that. … But just because he told you doesn’t mean that you need to share it with them.”

Deposition prep with Passantino seemed confined less to reviewing the facts than to instructing the witness in the art of declining to disclose them. “He was like, ‘Well, if you had just overheard conversations that happened, you don’t need to testify to that,’” Hutchinson said.

“Stefan never told me to lie,” she told the committee. “He specifically told me, ‘I don’t want you to perjure yourself, but “I don’t recall” isn’t perjury. They don’t know what you can and can’t recall.’” Hutchinson pressed him on this matter. “I said, ‘But, if I do recall something but not every little detail, Stefan, can I still say I don’t recall?’ And he had said, ‘Yes.’”

A week later, appearing before the panel, Hutchinson found herself peppered with questions about the Trump limousine incident. She kept saying she hadn’t heard anything like that — and Passantino sat silently by as his client offered testimony he knew to be false.

“I just lied,” a rattled Hutchinson told Passantino during a break. “And he said, ‘They don’t know what you know, Cassidy. They don’t know that you can recall some of these things. So you saying “I don’t recall” is an entirely acceptable response to this.’”

No, no, no. Lawyers advise their clients not to volunteer information — that’s appropriate. They instruct them to give limited answers, confined to the precise scope of the question — that’s appropriate, too.

But lawyers — at least lawyers who want to keep their law license — do not provide the kind of counsel that Hutchinson describes. There is no “overheard” or “I don’t recall” loophole if, in fact, you did hear something and you do remember it. Ominously for Passantino, the deposition transcript reveals that Hutchinson provided the same information to the Justice Department.

Passantino, who has taken a leave of absence from his law firm to “deal with the distraction of this matter,” said in a statement that he represented Hutchinson “honorably, ethically, and fully consistent with her sole interests as she communicated them to me” and believed she “was being truthful and cooperative with the Committee throughout the several interview sessions in which I represented her.”

In the end, Hutchinson decided she could not accept such advice and still look at herself in the mirror. So, she dumped Passantino and decided to spill what she knew to congressional investigators.

“To be blunt, I was kind of disgusted with myself,” Hutchinson said. “I became somebody I never thought that I would become.”

To read her deposition is to wonder: What do the others in the Trump crowd see when they look in the mirror?

Categories Character, Corruption, Elections, Ethics, Fraud, Justice, Scandals, Trump

Carol Burris: Why Did GAO Undercount the Number of Federally-Funded Charter Schools That Closed?

By dianeravitch

December 14, 2022 //

The U.S. General Accountability Office is a federal agency that reviews federal programs and informs Congress about problems and progress. The GAO is expected to be nonpartisan and highly competent.

But when the GAO was asked to report on the number of federally funded charter schools that closed or never opened, its count fell dramatically short, according to Carol Burris, executive director of the Network for Public Education. Burris was lead author of two reports that found that a large percentage of charter schools funded by the federal Charter Schools Program closed within their first five years or never opened at all. Read those reports here and here. Now she finds that the GAO is asleep at the wheel.

Burris wrote to the GAO to ask it to correct its findings. She gave specific examples of charter schools that disappeared, yet were counted by GAO as open. The agency stonewalled.

Why does this matter? The Department of Education issued new regulations for the federal Charter Schools Program (CSP), banning for-profit charters from receiving federal funding and requiring greater transparency. The charter lobby has vigorously resisted both demands. This week, friends of the charter lobby will attempt to overturn the new CSP regulations, enabling profiteers to continue to grab federal dollars and incompetent charter managers to do the same.

Carol Burris reported her efforts to correct the GAO report at Valerie Strauss’s “Answer Sheet” blog on the Washington Post.

Valerie Strauss wrote the introduction:

In October, the U.S. General Accountability Office (GAO) released a report titled “Charter Schools That Received Federal Funding to Open or Expand Were Generally Less Likely to Close Than Other Similar Charter Schools” in response to a congressional request. The report looked at data about the federal Charter School Program, which over several decades has awarded billions of dollars in grants for the expansion or opening of charters. These schools are publicly funded but privately operated, often with minimal or no oversight from a governmental agency. The GAO said in part:

“The Department of Education awards Charter Schools Program (CSP) grants to help open new charter schools or replicate and expand high-quality charter schools, among other things. While few charter schools closed overall, charter schools that received CSP awards closed at lower rates than similar charter schools that did not receive an award between fiscal years 2006 and 2020. GAO’s analysis found, for example, that within five years after receiving CSP awards, CSP-recipient charters schools were about 1.5 times less likely to close than similar non-CSP charter schools—with an estimated 1.4 percent and 2.3 percent closing, respectively. Within 12 years of receiving CSP grants, the same pattern generally held. The pattern also generally held for CSP-recipient charter schools regardless of the schools’ grade level, locale, student body racial and ethnic composition, or percentage of students receiving free or reduced-price lunch.”

This post, written by Carol Burris, an award-winning former New York high school principal and now executive director of the advocacy group called Network for Public Education, raises questions about the report, saying that the GAO “used outdated charter school status data as the basis of their descriptive analysis.” She explains below how she came to that conclusion.

Burris has written previously on the charter school program on this blog (for example, here and here), and in the following piece she takes issue with some of the GAO’s data and report results. The Network for Public Education is an alliance of organizations that advocates for the improvement of public education and sees charter schools as part of a movement to privatize public education.

The GAO denied that it used outdated data and said it stands by the report. It said that it needs “to use rigorous methodologies that are acceptable to social scientists and statisticians and can withstand scrutiny.” You can see its full response at the end of the piece.

The Department of Education was also asked for a comment and provided a short one that did not directly address the GAO report or Burris’s critique. It said in an email: “Our administration is committed to supporting high-quality public charter schools, as reflected in the president’s budget. And we’re committed to accountability, transparency and fiscal responsibility in the federal charter school program, as reflected in our regulations.”

Burris said her data shows significant undercounting by the GAO of charter schools that closed after receiving federal grants from the Charter School Program — either through state governments or from the Education Department. She said she shared her data with the GAO on numerous occasions.After repeated scandals in the charter school sector and negative fiscal impacts on public school districts from charter expansion, the Biden administration this year made changes to the Charter School Program in an effort to stop waste and fraud and bring more transparency to charter school operations.

In September, the U.S. Education Department’s Office of Inspector General released an audit of the nearly 30-year-old federal Charter School Programs that found, among other things, that charter school networks and for-profit charter management organizations did not open anywhere near the number of charters they promised to open with federal funding. Previous investigations by an education advocacy group, the Network for Public Education, which opposes the growth of charter schools, had found similar problems. (You can read my stories about their “Asleep at the Wheel” reports here and here.)

By Carol Burris

Congress last year directed the Government Accounting Office (GAO) to investigate the controversial federal Charter Schools Program (CSP), which was the subject of regulatory reform by the Biden administration this year. In a 2021 appropriations bill, the House Committee on Appropriation said:

“The Committee requests GAO to provide a report to the Committees on Appropriations on the Department’s oversight over CSP and whether the program is being implemented effectively among grantees and subgrantees. The report should include an analysis of CSP grant amounts over time that supported charter schools, with a particular focus on schools that eventually closed or received funds but never opened; the relationships between charter schools supported by CSP grants and charter management organizations; and an analysis of enrollment patterns at these schools, especially for students with disabilities. The report should examine ways to improve the Department’s oversight of CSP as well as make recommendations on potential legislative changes to the program that would reduce the potential for mismanagement and ineffective operations.”

The GAO report published in October does not address all of Congress’s mandate to, and, according to my research conducted over several months, severely undercounts the number of closed CSP schools and the federal dollars spent on them. In addition, that error has a ripple effect on findings throughout the report. What follows explains what went wrong, and the facts that back up these conclusions.

GAO’s numbers don’t add up

The published report, which covered only a small part of the congressional investigatory request, examined three programs, which they refer to as (1) the State Educational Agencies/State Entities Awards, (2) the Charter Management Organizations (CMO) Awards, and (3) the Non-State Educational Agencies/Developers (Developers) Awards. The report contains a descriptive analysis of grants to schools that closed or never opened and a comparative probability analysis of grant recipients (new schools only) closing during their first 12 years. The comparative probability analysis, which became the headline for the report, was not part of the congressional request. Its findings are misinterpreted in the headline of the report.

This post, however, focuses on the requested descriptive analysis, which reported the present status (open, closed, future, will not open) of CSP awardee schools and how much was spent on those that never opened or closed. Its source was a data set given to the GAO by the U.S. Department of Education. That data set includes program information, school names, award years and amounts, identifying details, and a status for each grantee school — open, closed, opening in the future, will not open, or undetermined (as indicated by a blank) when their grant is complete.

In 2019, the department published a detailed data set of CSP awards, which you can find on the department’s website here. Most of that data set, specifically awards from 2006 through 2018, is a subset of the data set given to the GAO. The data set provided to the GAO also includes the 2019 and 2020 awards, however, we estimate that upward of 80 percent of the grantee information is in the public data set.

Let’s begin with a few examples of awardee schools and their status in the 2019 data set to understand why the report got it wrong.

Path Academy Charter School in Connecticut was a school that received a grant directly from the department. According to the 2019 data set, it received $585,800 in a three-year grant from 2013 to 2015. The data set reports the school’s status as open, but Path Academy closed in 2018 after the state discovered that the school and its charter management organization, Our Piece of the Pie, defrauded “the state of nearly $1.6 million, billing the state for 128 phantom students, operating unauthorized schools, and tolerating excessive absenteeism.”

Spirit Prep was a proposed “blended” school powered by the for-profit K12 (now Stride) online programs. It received a grant for over $186,000 in 2011 to plan for its opening. Although K12 announced in April of 2012 that Spirit Prep would open that fall, by July, the New Jersey Department of Education decided that the school would not open and denied its charter. In 2019, the department still had it listed as a “future” school with a note that it would open in 2012.

Tallulah Charter School, a Louisiana 2013 grantee, closed in 2017 following a cheating scandal. Its status is listed in the data set as open.

Hope Academy, a 2008-2010 grantee that received more than a half-million dollars, shut down in 2014 and was later sued by the state of Missouri for $3.7 million after “an audit found inflated attendance numbers.” Again, its CSP status was listed as open in 2019.

These are not isolated examples. They are representative of the hundreds of such cases that we found. Why do there appear to be so many errors?

The answer is that once the grant is finished (most end within three or fewer years), the department says it no longer checks to see if they are open. Therefore, the status of the school is frozen in time in the data set. A school open when the grant was complete may be shuttered today. The department requires that state entity, charter management organizations and developer grantees report twice a year on the operational status of all CPS-funded schools — but only for active and open grants.

This also explains why the Department of Education cautiously reports numbers of closed CSP schools using the term “closed prematurely.”

But the GAO did not check on the current status of schools, with the exception of the 189 schools that had no status in the data set. This is explained in Appendix I on pages 22 and 23 and was communicated to me in an email on Oct. 27 from GAO Assistant Director Sherri Doughty.

Recall that the GAO’s congressional mandate was “to report on CSP grants, with a particular focus on charter schools that eventually closed or never opened” (emphasis added). By accepting the department’s status in the majority of cases, it was using data that had not been updated in years, with the exception of 189 of 6,023 awards. Yet in the report, the GAO reports closures as current as of May 2022. Footnote 11 on page 11 says that the GAO defined “open” as currently open schools.

Despite my sending extensive file after file of correct information, their response was, “we stand by our report.”

Now, I will describe what they got wrong.

Extensive under-reporting of CSP awardee closures

For the Network for Public Education’s analysis, we used the public 2019 CSP data set, which is a subset of what the GAO received. The vast majority (exceeding 80 percent) of the CSP awards from 2006 forward are in the data set, which covers 13 of the 15 years examined by the GAO.
Using the procedure outlined below, NPE’s Marla Kilfoyle and I identified the extent to which the GAO underestimated the number of closed and never opened schools, which were the categories of interest to Congress.

We isolated those awards in the 2019 data set made in 2006 and beyond, eliminating all awards made before 2006.
For all charter school awards with an NCES number (91.2 percent of all awards), we checked the school status against the 2020-2021 Common Core of Data (CCD). We marked charter schools as closed if they were no longer listed in the CCD, or if they converted to public schools while retaining the same NCES number. If a charter remained a charter with the same NCES number but changed its name, that school was marked open. In some states, including California, we double-checked with the state database. [NCES numbers are the unique 12-digit school identifier found in the Common Core of Data of the National Center for Education Statistics (NCES). We used the charter school filter in the CCD database to include awards that went to charter schools that closed as a charter and became public schools and to identify public schools that took CSP money but never converted to a charter school.]
If a public school received an award to convert to a charter school but did not, we marked it as “will not open.” If schools were listed as future schools in the data set that ended in 2018 but could still not be found in the CCD, we checked outside sources and, if not found, marked it “will not open.”
For the remaining 8.8 percent of schools, we accepted the school status as reported in the 2019 data set, knowing that would result in an underreporting of closed and never opened charter schools and an inflated number of open and future schools. We, therefore, erred on the side of caution.

Grantee closure

Let’s start with the smallest of the three programs, the Non-State Educational Agencies (SEA)/Developers awards, which I will refer to as non-SEA awards. These awards are given directly to charter schools by the Department of Education.

According to the GAO, the department gave out 235 non-SEA awards between 2006 and 2020. The 2019 data set, from 2006 on, contains 178 of those awards. According to Table 5 of the GAO report, only six went to schools that have closed, and four went to schools that never opened, resulting in a closure rate of 3 percent and a never-opened rate of 2 percent.

Using the CCD and additional outside sources to determine the status of schools, we found 29 — not 6 — schools that received a CSP award between 2006 and 2018 that had closed. Here we provide the names, date of grant, dates regarding the school’s closing, news stories about the closure, and other verification of closure.

Some charters closed due to low enrollment or poor test scores. Others closed, as confirmed by linked news stories, due to fraud.
We also identified 13 — not four — non-SEA grant schools that never opened between 2006 and May 2022.

Even if all of the 57 awards given after 2018 went to schools that opened and thrived (which is highly unlikely), closure rates would be 12.3 percent, and the never opened rate would be 5.5 percent of the non-SEA awardees, not 3 percent, and 2 percent.

SEA/SE grantee award closures and never-opened schools

The underreporting was even more dramatic when it came to the oldest and largest of the three CSP programs (SEA/SE).

According to the GAO, the CSP (SEA/SE) program gave 4,616 school awards totaling nearly $2 billion between 2006 and 2020. The 2019 data set identifies 4,351 SEA awards as sub-grants between 2006 and 2018. Almost all (3,992) have an NCES number associated with the school.

Within the data set, there is some duplication of schools. To catch those duplications, we identified and reported the number of unique closed or never opened schools. If we had reported by award, the number would be substantially higher. The GAO report is fuzzy in its tables and narrative, sometimes referring to schools and at other times to awards. It is possible for schools, especially longtime open schools, to receive more than one award; therefore, if the GAO counted awards, not schools, its “open school” number is inflated by more than error.

If the charter school did not have an NCES number in the data set, we again accepted the status listed by the department in 2019. As stated above, this likely results in an underreporting of closures.

GAO states in Table 2 that 429 SEA/SE awards went to now-closed charter schools—a number quite similar to the 2019 CSP data set non-updated number (409). However, we found that more than twice as many, 951 closed charter schools, received one or more awards. In addition, while the GAO reported that 209 schools never opened, we identified 230. These numbers do not include closed and unopened schools given grants after 2018. The total number is higher than what we report; it cannot go lower.

Note that we did not analyze the closures of charter schools that received Charter Management Organizations (CMO) awards since the department only required CMOs to report their schools beginning in 2012. The report lists 37 percent of that CSP CMO-grant funding going to “future schools.”

Our complete analysis is available upon request. It was sent to the GAO and the department along with a tool developed by data expert Ryan Pfleger that allows one to examine the history of schools by enrollment and status across the years of the CCD. I received an email acknowledgment and thank you from a representative of the Department of Education. I received no response from the GAO.

The CCD can be an imperfect source and may have generated minor errors in our final numbers. Nevertheless, it would have provided a far more accurate accounting of “schools that eventually closed” than the outdated status in the data set of the department they were asked to audit.

The ripple effect

The error described above directly affects the number of charter schools listed as open, closed, future, and will not open. It also affects the calculation of the total taxpayer dollars that have been wasted on CSP charter schools. For example, if more than twice the number of charter schools that received CSP grants closed, the GAO report’s estimation of $152 million spent on closed and never opened SEA/SE schools during those years is only capturing less than half of that cost since more funds went to closed schools than schools that never opened.

The state-specific numbers set forth on pages 13-15 of the report similarly need correction. Some of the states identified as the biggest wasters in the report’s Figure 15 may not deserve that identification. Other states may earn the dubious honor of being in the chart.

What now?

It is difficult to track charter school closures. Some schools close as charters and become public schools. We have seen schools switch between charter and public several times. At other times, a school shuts, and a new management organization takes it over. Sometimes the school’s name, staff, and students are different; sometimes not. Charter schools merge. In some states, information is easy to find; in others, information is obscure. It doesn’t have to be this way; states and the federal Charter School Program can demand better record-keeping and reporting.

The GAO’s descriptive analysis needs to be checked, verifying whether a school is currently open using the CCD. Claims regarding closed and open schools in their report need to be revised so that it is clear those are only closures during the active years of the grants. The stakes are even higher, however, for families. The closure of any school, whether public, charter, or private, is a painful and disruptive event in a child’s life. Families deserve honest information regarding closure risk when they enroll their children in a charter school. It is time for the GAO to revise its report to Congress and the public.

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This is the response from the GAO:

“We need to use rigorous methodologies that are acceptable to social scientists and statisticians and can withstand scrutiny. Practically speaking, we cannot Google the status of 6,000 schools and call that proper research. When we spot checked some of what Ms. Burris cited, we came up with conflicting results. As with any methodology and any data set, ours had limitations and they were disclosed clearly in the report.

“In addition, GAO is an independent agency. We do work for Congress, but they do not dictate our research objectives, methodologies, or scope of work. GAO determined that the best way to meet Congress’s needs in this case was to conduct a descriptive analysis, which examines trends and relationships, and to pair that with a much more sophisticated model with rigorous controls in place. This was done to properly examine underlying issue at hand: the effectiveness of CSP awards. We laid out this approach to the relevant Congressional stakeholders prior to the work beginning, and they determined that it met their needs. And then it was laid out in our report as well.We know critics who do not like our message will cherry pick at different statistics. But the message is based on a sound analysis and we stand by it.”

Here is Burris’s response:

“The GAO used outdated charter school status data as the basis of their descriptive analysis. The use of that data was confirmed in an email sent to me by the GAO and in the appendix of the report. The rationale for not using the Common Core of Data rather than the data provided by the Department they were auditing was illogical, especially given that they used the Common Core of Data for what they referred to as their “more rigorous model.” The charter school status data they used is not updated once a grant is closed. This was confirmed in an email from a Department of Education spokesperson to Ms. Strauss. Therefore, when the GAO report states that its information is current as of May 2022, it is providing false information to both Congress and the public. One does not need to “google” schools. The GAO is well aware that this is not the methodology I used. If their spot check resulted in conflicting results, I invite them to send those examples to me.”

Categories Accountability, Charter Schools, Deregulation, Disruption, Education Industry, Fraud, Funding, Network for Public Education, Privatization, Scandals, U.S. Department of Education

Connecticut: The Biggest Charter Scandal Of All Time

By dianeravitch

November 6, 2022 //

Back in 2014, a prominent charter school leader in Connecticut resigned after it was revealed that he had been convicted of felonies many years earlier, and that he did not have a doctorate, although he claimed he did. Michael Sharpe resigned as CEO of Jumoke Academy, which ran charter schools in Connecticut and planned to expand to Louisiana.

Sharpe was part of a management organization called Family Urban Schools of Excellence or FUSE, created in 2012. The state had given millions of dollars to Jumoke to take over low-performing schools and turn them around.

The controversy over Sharpe was embarrassing to Democratic Governor Dannell Malloy, who was a cheerleader for charter schools. Malloy chose Stefan Pryor to be the State Commissioner of Education. Pryor had no experience in the classroom but was a co-founder of the no-excuses charter chain Achievement First. Charter schools in the state were allowed to have only 30% of their staff with state certification. The charter industry was strong in Connecticut due to the financial power of hedge funders and the Sackler Family (of opioid fame), which launched Conn-CAN, a charter advocacy group, which became the national 50CAN.

But the biggest scandal of all came to light in the past week, when the same Michael Sharpe was convicted of breaking into the homes of four women in 1984, kidnapping them, threatening the women with a firearm, sexually assaulting them, then stealing money and valuables.

Sharpe was convicted of kidnapping and faces a sentence of 25-100 years in prison. The statute of limitations had expired on the sexual assault charges. Sharpe’s DNA was found at the four scenes. The case was solved by the state’s cold case unit.

Back in the days of his charter fame, the Center for Education Reform identified him as a national leader.

Dr. Sharpe is president of the Connecticut Charter School Association and founding member of the Legacy Project and Family Urban Schools of Excellence (FUSE). He also sits on the boards of the National Charter School Leadership Council, St. Agnes Home, Inc., the CT Chapter of Lupus Foundation of America and Connecticut Landmarks.

Dr. Sharpe began work at Jumoke Academy in 1998 and was appointed its CEO in 2003. Under his leadership, Jumoke Academy’s middle and elementary schools were cited for three consecutive years as one of the top ten performing urban schools in the State of Connecticut.

Jumoke Academy is committed to developing the whole child, and as such, offers programs that ensure our children become competent in the arts, humanities, civic and social responsibilities, and that they understand the value and importance of good character.

In 2015, after Sharpe had resigned, civil rights attorney Wendy Lecker wrote about the strange trajectory of Jumoke Academy, FUSE, and Michael Sharpe.

Earlier this month, the Connecticut Department of Education quietly distributed a scathing investigative report on the Jumoke/FUSE charter chain, conducted by a law firm the department retained. The report reads like a manual on how to break every rule of running a non-profit organization.

The investigators found that although FUSE and Jumoke were supposed to be two separate, tax-exempt organizations, both were run by Michael Sharpe alone. FUSE, formed in 2012, never held board of directors’ meetings until after the public revelations in the spring of 2014 of Michael Sharpe’s felony record for embezzlement and falsification of his academic credentials. FUSE entered into contracts with the state to run two public schools without approval by its board. In fact, it is unclear that FUSE even had a board of directors then. Jumoke, too, played fast and loose with board meetings. Jumoke’s board gave Sharpe “unfettered control” over every aspect of the organization. Even after he left Jumoke for FUSE, Sharpe still ran Jumoke, leaving day-to-day operations to his nephew, an intern there.

Hiring and background checks were in Sharpe’s sole discretion. He placed ex-convicts in the two public schools run by Jumoke, Hartford’s Milner and Bridgeport’s Dunbar. Dunbar’s principal, brought in by Sharpe, was recently arraigned on charges of stealing more than $10,000 from the school.

Nepotism was “rampant.” Sharpe’s mother founded Jumoke. Sharpe moved from paraprofessional to CEO in 2003, with no additional training. His unqualified daughter and nephew were hired, as well as his sister.

The investigation found extreme comingling of funds and of financial and accounting activities, noting that it “would be difficult to construct a less appropriate financial arrangement between two supposedly separate organizations.”

Jumoke/FUSE used state money to engage in aggressive real estate acquisition, some not even for educational purposes, and some inexplicably purchased above its appraised value. Properties were collateral and/or were mortgaged for one another. Loan rates were excessive. To date, loans are guaranteed by FUSE, which is not operational.

Jumoke leased Sharpe part of a building who, violating the lease, sublet it and collected rent. Sharpe hired Jumoke’s facilities director’s husband to perform costly renovations on the parts of the building, his bedroom and bathroom, paid by Jumoke.

These are just some of the misdeeds that occurred without oversight by the State Board of Education or the State Department of Education. The board approved contracts to run two public schools without verifying that FUSE had no board of directors. It approved millions to be paid to FUSE/Jumoke to buy non-educational buildings, charge excessive consulting fees to public schools and engage in possibly fraudulent activities. Worse still, the board allowed Jumoke/FUSE to run Milner schoolinto the ground, jeopardizing the education of Milner’s vulnerable students.

“Dr. Sharpe’s” Linked-In profile has not been updated. It’s very impressive.

Categories Accountability, Charter Schools, Connecticut, Corporate Reformers, Corruption, Education Industry, Ethics, Failure, Scandals

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