Archives for category: School Choice

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The rise of the Religious Right has coincided with the privatization movement in public schools. While some may feel that this is coincidental, there is reason to believe there is a directly causal relationship between these two factors. Two scholars, from different disciplines, will discuss how their work comes together to help explain the history and current state of efforts to diminish, if not dismantle, the American public education system. Katherine Stewart has written on the rise and increasing power of the Religious Right in her book The Power Worshipers. She will be joined by Diane Ravitch who has written extensively on education and, in her recent book Slaying Goliath, explores the history of the school privatization movement and the efforts to oppose it.

Please note, this is an online event held on the video conference platform, Zoom. Registrants will receive an email with links to join the program.

Link to register: https://18308a.blackbaudhosting.com/18308a/Will-Public-Education-Survive-A-Look-at-the-Threats-to-Education-Systems-from-Privatization–Reli

Jan Resseger read Derek Black’s new book–a history of American public education by a constitutional lawyer–and loved it.

I read Black’s book and interviewed him on a Zoom about the book. I too loved it. Black makes clear that public education is the central American tradition, an idea envisioned by the Founding Fathers and realized over decades as an engine of our democracy. In a multicultural, diverse society, public schools bring students together from many backgrounds, to live and learn together.

Her review begins:

Derek Black’s stunning new book, School House Burning: Public Education and the Assault on American Democracy, threads together a history that has rarely been collected in one volume. Black, a professor of constitutional law at the University of South Carolina, presents the history of an idea first articulated in the Northwest Ordinances of 1785 and 1787, threatened again and again throughout our nation’s history but persistently revived and reanimated: that a system of public education is the one institution most essential for our democratic society. And, while the specific language defining a public education as each child’s fundamental right is absent from the U.S. Constitution, the guarantee of that right is embedded in the nation’s other founding documents, in the history of Reconstruction that followed the Civil War, in the second Reconstruction during the Civil Rights Movement, and in every one of the state constitutions.

Today’s post will skim the history as Derek Black presents it; on Wednesday, this blog will explore how Black believes both public education and democracy are threatened today.

While the U.S. Constitution never formally names public education as the nation’s fundamental and necessary institution, the provision for public education is the centerpiece of the Northwest Ordinances of 1785 and 1787: “The Ordinances, and education’s role in them, however, cannot be so easily dismissed. The Northwest Ordinance of 1787 is one of the most significant legal documents in our nation’s history and the current United States Code treats it as such… In many important ways, the history and effect of the Constitution and the Ordinances are inseparable. First, the documents were passed by many of the same people… Second, the Northwest Ordinance’s substance is a constitutional charter of sorts. Practically speaking, it established the foundational structure for the nation to grow and organize itself for the next two centuries. Precise rules for dividing up the land, developing the nation’s vast territories, and detailing the path that these territories would follow to become states are not the work of everyday legislation. They are the work of a national charter.” (Schoolhouse Burning, pp. 64-65). “The 1785 Ordinance specified how every square inch of the territories would be divided into counties and towns. Every new town had to set aside one-ninth of its land and one-third of its natural resources for the financial support of education. And every town had to reserve one of its lots for the operation of a public school.” (Schoolhouse Burning, p. 62) The Northwest Ordinances named the urgent purpose of public education and prescribed a means of funding the schools.

Jumping way ahead to the early 1970s, after President Richard Nixon replaced Chief Justice Earl Warren with Chief Justice Warren Burger and the U.S. Supreme Court moved away from the principles embodied in Brown v. Board of Education, Black describes the significance of San Antonio v. Rodriguez, the U.S. Supreme Court case which declared that because the U.S. Constitution itself does not explicitly protect the right to public education, public schooling is not a fundamental right. Black believes the founding documents should be read to include the Northwest Ordinances and that the fundamental role of education is further affirmed through our nation’s troubled history: “(I)f you asked modern legal scholars whether education is a fundamental right protected by the federal Constitution, they would tell you no, and they would be correct in one sense. The United States Supreme Court (in a 5-4 decision) refused to recognize education as a fundamental right in 1972, reasoning that the Constitution neither explicitly nor implicitly protects education. The Court feared that nothing distinguished education from the various other things that are important in life, like food and shelter. The foregoing history, however, reveals that education is far different than anything else government might offer its citizens (other than the right to vote). The nation’s very concept of government is premised on an educated citizenry. From its infancy, the United States has sought to distinguish itself with education. More particularly, education has been the tool though which the nation has sought to perfect its democratic ideas.” (Schoolhouse Burning, p. 133)

And she continues:

I hope you will read Derek Black’s new book, for these comments merely skim the surface of his fascinating history of the American idea of public education. As he concludes his history, Black summarizes the book’s thesis: “The foregoing principles—the right to an adequate and equal education, making education the state’s absolute and foremost duty, requiring states to exert the necessary effort (financial or otherwise) to provide quality educational access, placing education above normal politics, and expecting courts to serve as a check—are all in the service of something larger: the original idea that education is the foundation of our constitutional democracy. Education is the means by which citizens preserve their other rights. Education gives citizens the tools they need to hold their political leaders accountable… Democracy simply does not work well without educated citizens.” (Schoolhouse Burning, p. 224) Black reminds us, however: “The founders articulated educational goals not with any certainty that they would spring into reality simply by writing them down, but in the hope that we might one day live into them.” (Schoolhouse Burning, p 71)

Link corrected!

In case you missed our Zoom conversation, this is the link to my discussion with Steve Suitts about his new book about the segregationist origins of “school choice.”

His book is “Overturning Brown: The Segregationist Legacy of the Modern School Choice Movement.”

Betsy DeVos lost the biggest fight of her tenure as Secretary of Education. Federal judges consistently rejected her legally binding rule requiring states to give private schools a share of the $13 billion Congress allocated for public schools and for needy students in private schools. DeVos wanted private schools to get a share of the federal money without regard to the need of their students. The judges said no.

After fighting for her position, DeVos admitted defeat and decided not to appeal the court decisions.

Some states have already given federal funds to private schools, using DeVos’ formula, and it is not clear whether that money will be clawed back.

Charter schools also received a share of the $13 billion in CARES funds, which they qualified for as “public schools.” Many charter and private schools also applied for and received millions of dollars from the Paycheck Protection Program (public schools were not eligible for PPP). A study by Good Jobs Inc. determined that charter and private schools obtained SIX TIMES as much federal relief money as public schools.

Have you ever wondered what really goes on in the courtroom? Would you like to have a front-row seat as lawyers argue for and against vouchers before the South Carolina Supreme Court?

Here is your chance.

Tonight at 7:30 pm EST, I’m having a Zoom conversation with University of South Carolina professor Derek Black. He will talk about his new book, Schoolhouse Burning: Public Education and the Assault on American Democracy, and about the case discussed in this video.

Please sign up here and join us. It’s like a seat in a graduate seminar in vouchers and school choice, offered by a top-notch constitutional lawyer.

I will be Zooming with Derek Black on September 23 at 7 pm EST.

The information about signing up is here.

If you have ever debated with friends about school choice, you will want to hear Derek Black.

In his engaging history of public education, Derek shows that the Founding Fathers intended to create public schools, not a system of publicly funded private and religious schools.

It is an important book that you should read. But first, take this opportunity to meet the author.

Please join us.

The discussion is sponsored by the Network for Public Education.

Please join me on September 23 at 7 pm EST as I talk with Derek Black about his terrific new book, Schoolhouse Burning: Public Education and the Assault on American Democracy. The discussion is sponsored by the Network for Public Education. Derek Black is a professor of law at the University of South Carolina who specializes in civil rights law. Hos excellent scholarship demonstrates that the Founding Fathers wanted a free and universal public school system for the new nation. Those now attacking it are vandals!

Please sign up and join the discussion between Steve Suitts and me on Zoom on Wednesday September 16. We will be talking about Steve’s new book Overturning Brown: The Segregationist Legacy of the Modern School Choice Movement. You will be amazed to learn of the true history of school choice. It is definitely not the “civil rights issue of our time,” as Trump and DeVos claim.

Steve has been involved in civil rights work throughout his career. He was founding director of the Alabama Civil Liberties Union; executive director of the Southern Regional Council; and vice president of the Southern Education Foundation. He is also the author of a biography of Hugo Black, a member of the U.S. Supreme Court Justice who played a large role in history.

You can sign up here.

Steve and I will talk for an hour, and then we will open the floor for your questions.


PUBLIC SCHOOL ADVOCATES URGE ARKANSAS LEGISLATURE TO END BROKEN VOUCHER PROGRAM

In a letter sent to Arkansas legislative leaders last week, Public Funds Public Schools, along with other state and national organizations, urged the Arkansas General Assembly to end the state’s harmful and inequitable private school voucher program. The letter highlights alarming information revealed in the recently released biennial report on the “Succeed Scholarship Program,” Arkansas’ voucher program for students with disabilities and students in the foster care system.

The letter was signed by leading advocates for Arkansas students and families, including Arkansas Advocates for Children and Families, Arkansas Citizens First Congress, the Arkansas Public Policy Panel, and Arkansas-based philanthropic and education leader Dr. Sybil Jordan Hampton. In addition to PFPS, several regional and national education advocacy groups also signed on, including Education Law Center and SPLC Action Fund (which collaborate on PFPS), and the Southern Education Foundation.

“The 2020 Report illustrates in detail the glaring deficiencies in Succeed Vouchers’ ability to improve academic outcomes and promote equity and access for historically – and currently – marginalized students. It also illustrates the profound difficulties in ensuring appropriate oversight of this publicly-funded program,” the letter notes.

The State’s 2020 Report, which was mandated by bipartisan legislation passed in 2019, also underscores the lack of data necessary to evaluate the academic effects of the Succeed Vouchers, noting that “meaningful comparative data regarding student performance based on the assessment scores private schools provide is hindered by several factors.” The academic outcome information that was collected, however, shows low test scores for the majority of voucher recipients. This failing is consistent with research demonstrating the ineffectiveness of private school voucher programs across the country in improving students’ academic outcomes.

The 2020 Report also exposes inequitable enrollment statistics, troubling data inconsistencies, and little accountability for the public funds spent on the voucher program.

Key findings include:

* There are significant gaps in data on the racial demographics of voucher students. Of those for whom data was available, there are significant racial disparities: 5% of voucher students were Latinx, 12% were Black, and 78% were White. Students with disabilities in Arkansas public schools, on the other hand, are 11% Latinx, 23% Black, and 61% White.

*Due to participating private schools’ inconsistent reporting and data collection standards, the Free or Reduced Price Lunch (FRPL) status of 44% of participating students is unreported. Of available data, just 30% of voucher students were eligible for FRPL, while 60% of Arkansas public school students are eligible.

*Only three-quarters of participating private schools are accredited, while a quarter are on some type of path to accreditation. Thus, schools participating in the voucher program are receiving taxpayer dollars without completing a rigorous accreditation process, let alone being held to the same accountability and reporting standards as public schools.

*Nearly 20% of voucher students have left their private schools, for reasons including dismissal, inability to pay tuition amounts not covered by their voucher, and lack of access to transportation.

The letter to Arkansas lawmakers notes that, as more resources are needed to meet students’ needs due to COVID-19, the impact of the pandemic on Arkansas’ education budget will be over $2 billion for the next fiscal year, making it more urgent than ever to focus limited public funds on effective, research-based programs that meet the needs of Arkansas’ public school students, who are the vast majority of Arkansas schoolchildren. Instead of diverting millions to an ineffective and inequitable voucher program, the letter urges legislators to “redirect those public funds to the public school system in order to improve educational opportunity for students with disabilities, foster care students, and students from low-income families.”

Press Contact:
Sharon Krengel
Policy and Outreach Director
Education Law Center
60 Park Place, Suite 300
Newark, NJ 07102
973-624-1815, ext. 24
skrengel@edlawcenter.org

Tom Ultican, retired teacher of physics and advanced mathematics in California, writes frequently about school “reform,” aka school choice, as a substitute for adequate funding.

In this post, he explains the fraud of school choice and why billionaires and rightwing zealots promote it. To read it in full,as well as his kinks, open the full post.

He begins:

Birthed in the bowels of the 1950’s segregationist south, school choice has never been about improving education. It is about white supremacy, profiting off taxpayers, cutting taxes, selling market based solutions and financing religion. School choice ideology has a long dark history of dealing significant harm to public education.

Market Based Ideology

Milton Friedman first recommended school vouchers in a 1955 essay. In 2006, he was asked by a conservative group of legislators what he envisioned back then. PRWatch reports that he said, “It had nothing whatsoever to do with helping ‘indigent’ children; no, he explained to thunderous applause, vouchers were all about ‘abolishing the public school system.”’ [Emphasis added]

Market based ideologues are convinced that business is the superior model for school management. Starting with the infamous Regan era polemic, “A Nation at Risk,” the claim that “private business management is superior” has been a consistent theory of education reform promoted by corporate leaders like IBM’s Louis Gerstner, Microsoft’s Bill Gates, Wal-Mart’s Walton family, Bloomberg LP’s founder, Michael Bloomberg and SunAmerica’s Eli Broad. It is a central tenet of both neoliberal and libertarian philosophy.

Charles Koch and his late brother David have spent lavishly promoting their libertarian beliefs. Inspired by Friedman’s doyen, Austrian Economist Friedrich Hayek, the brothers agreed that public education must be abolished.

To this and other ends like defeating climate change legislation, the Kochs created the American Legislative Exchange Council (ALEC). This lobbying organization has contributing members from throughout corporate America. ALEC writes model legislation and financially supports state politicians who promote their libertarian principles.

Like the Walton family and Betsy DeVos, Charles Koch promotes private school vouchers.