Archives for category: Texas

IDEA, the largest charter chain in Texas, was just placed under conservatorship by the state education agency because of ongoing financial transgressions, self-dealing and conflicts of interest.

The state of Texas gave more than $800 million last year to IDEA. The federal Charter Schools Program—which is rank with waste, fraud, and abuse—has gifted IDEA with $300 million. It was a favorite of Secretary of Education Betsy DeVos.

For years, both the state and the U.S. Department of Education have been aware of IDEA’s profligate spending. This is the charter chain that wanted to lease a 6-passenger private jet for $15 million for its executives. This is the chain that bought luxury box seats for the San Antonio Spurs basketball games. This is the chain that gave its founder a golden parachute of $900,000 when financial abuses forced him out.

When there is so much that is fraudulent in the chain’s spending, can you trust its reports about enrollment, grades, test scores, and graduation rates? Business leaders in San Antonio saw IDEA as a great replacement for public schools. They were hoodwinked.

The Texas Tribune reported:

Texas’ largest charter school network has been placed under conservatorship by the Texas Education Agency after a years-long investigation into improper spending within the system of 143 schools.

The arrangement, announced Wednesday, is part of a settlement agreement between IDEA Public Schools and the TEA. IDEA had been under investigation since 2021 following numerous allegations of financial and operational misconduct.

It was revealed that IDEA officials used public dollars to purchase luxury driver services as well as $15 million to lease a private jet, just two weeks after promising TEA it would be “strictly enforcing” new fiscal responsibility policies put in place in response to ongoing investigations, as reported by San Antonio Express-News.

The revelations led the district to conduct an internal investigation, resulting in the firing of JoAnn Gama, former superintendent and co-founder of IDEA. Gama later filed a lawsuit against IDEA claiming wrongful termination. IDEA came to a $475,000 settlement with Gama in January. This followed co-founder and CEO Tom Torkelson’s departure in 2020; he was given a $900,000 severance package.

The charter school district serves about 80,000 students in K-12. The schools are independently run but publicly funded with state dollars, having received about $821 million in state funding in 2023-2024 school year.

Under conservatorship, the conservators will have the authority to oversee and direct any action of the district, facilitate a needs assessment, conduct onsite inspections and support the creation of a plan to address corrective action concerns. They will also report back to the agency regarding the district’s progress in completing necessary corrective activities.

The conservators will not fully take over the governance of the district. But if the district doesn’t make the necessary corrective measures that the conservators outline for them, a takeover could be possible in the future…

The news follows the TEA takeover of Houston Independent School District in June following years of poor academic performance at a single campus within the district, among other factors.

Glenn Rogers is a veterinarian and a rancher who lives in Graford, Texas. In addition to his duties as a vet and a rancher, he served on the school board of the Graham Independent School District. He was elected to represent District 60 in the Texas Legislature in 2021. He is a conservative, and he tries to represent his rural constituents faithfully. They don’t want vouchers. They want more funding for their local public schools and higher salaries for their teachers. People know their teachers. The teachers know their students and their families. The public schools are important for the local economy. The tradition of Friday night high school football games unifies the community; it’s known as “Friday night lights.”

When Representative Rogers voted against vouchers along with other rural Republicans, Governor Abbott unleashed an advertising blitz against them. The ads accused them of being “weak on security,” which was a lie. Money from billionaires poured into the district to smear Rep. Rogers. He lost.

Rep. Rogers released this statement, which was published in The Weatherford Democrat:

“I’ll Wear No Man’s Collar”

-Davy Crockett

First, I want to thank my supporters, those who voted for me and those who supported me prayerfully, financially, and in so many other ways. It has been the greatest honor to serve this district.

The corruption that exists at the highest level of Texas state government would have made Governor “Pa” Ferguson blush.

Governor Greg Abbott has defiled the Office of Governor by creating and repeating blatant lies about me and my House colleagues, those who took a stand for our public schools. I stood by the Governor on all his legislative priorities but just one, school vouchers. For just one disagreement, and for a $6 million check from Jeff Yass, a Pennsylvanian TikTok investor, and voucher vendor, Abbott went scorched earth against rural Texas and the Representatives who did their jobs-representing their districts.

My tenure in the Texas House included two general sessions, seven special sessions, redistricting, Covid, winter storm Uri, a Democrat quorum break, expulsion of a House member and the impeachment of Ken Paxton. It also includes a litany of conservative victories that made Texas safer, reigned in out-of-control government bureaucracy, lessened what had become a crushing tax burden on our families and businesses, and fostered economic growth.

I am not a good politician. I am just a Texas rancher who wanted to make a difference in my community. Who knew this simple mission would have resulted in three brutal campaigns?

Throughout my three campaigns, because of my unwillingness to be compliant with the two billionaire, “Christian” Nationalist, power brokers that run this state, I have been unmercifully slandered through the politics of unwarranted personal destruction on social media, radio, post mail, streaming sites, and cable television.

In my first race the opposition was the Wilks, Tim Dunn, Empower Texans, and the entire enterprise of dozens of PACs and “non-profits” they financed. The race ended in a hard fought Covid-delayed runoff victory against Farris Wilks’ son-in-law.

In my second race, my opposition was Wilks and Dunn, Empower Texans (rebranded to Defend Texas Liberty), and the Voucher Lobby, including the American Federation for Children and the School Freedom Fund (based in Virginia). In that race, we dealt with a runoff and an expensive, unnecessary recount.

In my third race the opposition was all the above, but now included a rebranded Defend Texas Liberty (Texans United for a Conservative Majority), vastly greater money from the Voucher Lobby, and Governor Greg Abbott.

This time the millions of dollars spent spreading lies about my record and the non-stop false impugning of my integrity were just too much to overcome. The real losers in this race are:

1) Texas public schools;

2) Rural Texas; and

3) Representative Government.

This morning, I have no regrets. I believe in the words of Sam Houston, “Do right and risk the consequences.”

History will prove Ken Paxton is a corrupt, sophisticated criminal. History will prove vouchers are simply an expensive entitlement program for the wealthy and a get rich scheme for voucher vendors. History will prove Governor Greg Abbott is a liar.

History will prove that our current state government is the most corrupt ever and is “bought” by a few radical dominionist billionaires seeking to destroy public education, privatize our public schools and create a Theocracy that is both un-American and un-Texan.

May God save Texas!

[Editors Note: the Wilks brothers and Tim Dunn are oil-and-gas billionaires who are evangelical Christians; they want vouchers, and they use their money to control state government. Ken Paxton is the State Attorney General who was impeached by the Texas House of Teprrsentatibes on multiple charges of corruption, based on whistleblower reports from his own staff. After Paxton’s billionaire friends came to the rescue, giving a campaign contribution of $2 million to Lt. Gov. Dan Patrick, who conducted the trial in the Srnate, Paxton was acquitted. In this week’s election, Attorney General Paxton and his wealthy friends ousted legislators and judges who tried to hold him accountable.]

Yesterday was a crucial election for the future of public schools in Texas. The Republican primaries pitted civic-minded Republicans against challengers committed to vouchers and endorsed by Governor Greg Abbott.

Abbott received the biggest single contribution in state history from Pennsylvania billionaire Jeff Yass. The gift came with a purpose: pass a voucher law.

Governor Abbott has been in charge since 2015 and until now, he never cared much about vouchers. But the money came pouring in from evangelical oil-and-gas billionaires like Tim Dunn and Farris Wilks, as well as out-of-state billionaires like Yass and Betsy DeVos. Suddenly, vouchers was the Governor’s top priority. He toured Christian schools around the state to promote them.

When the vote came in the Legislature, a bloc of rural Republicans in the House opposed vouchers. They said their community loved their public schools; they didn’t want to undermine them. Their public schools are the heart of their community and their local economy.

Abbott offered new money for public schools and teacher pay raises, but only if the Legislature approved vouchers. The rural Republicans (and every Democrat) said no.

Abbott said he would call special sessions until the House passed a voucher bill and he did. He called four special sessions. They said no to vouchers. He threatened to run primaries against them and to replace them with legislators who supported vouchers. They stood firm.

Yesterday some of those rural Republicans were defeated by Abbott and about $100 million in billionaire money. Some prevailed. Some are in run-offs.

Pastor Charles Johnson of Pastors for Texas Children (PTC) is a stalwart friend of public schools. He and his network of pastors across the state understand the importance of well-funded public schools and well-paid teachers.

PTC just released this update on the Republican primaries.

https://www.pastorsfortexaschildren.com/

Election Results

Dear Friends,

We have mixed emotions as we reflect on last night’s outcomes of the Texas House of Representatives races. While we may not have achieved the sweeping results we had hoped for, we are grateful for the victories your work and witness achieved!

 

Of the 16 House Republican primary races we focused on, we enjoyed six victories and suffered six losses. Four of our Republican friends face runoff elections.


The path to positive change is often fraught with challenges, and setbacks are an inevitable part of any endeavor. Though we may not have won every race last night, we are grateful for the re-election of six of our strongest Republican allies in the House and look forward to working hard to re-elect four more in the runoffs.


We find hope and encouragement in the upcoming May runoffs. These runoffs are crucial to fighting taxpayer-funded vouchers here in Texas. We will continue to fight to ensure that the Texas Public Schools voice we advocate for is heard loud and clear. Your continued support is crucial, and together, we will forge a brighter future for the children of Texas.

We want to express our gratitude for your unwavering support throughout this journey. We remain steadfast in our commitment to championing our Texas public schools, teachers, parents, and, of course, the 5.5 million children in our Texas public schools.

 

Let us stand united, resilient in the face of these challenges, and hopeful for the positive outcomes that the runoffs may bring. The journey may be long, but with your dedication and support, we can make a lasting impact on the lives of children and families in our beloved community.


 

Rev. Charles Foster Johnson, Executive Director

Pastors for Children

Donate to PTC

I am a native Texan. I was born and raised in Houston. I attended Houston public schools from kindergarten until my high school graduation. The public schools of Texas gave me a strong foundation, and I will always be grateful to my teachers and my schools.

The public schools in Texas will be harmed by vouchers. Yet Governor Greg Abbott is demanding that the Legislature endorse vouchers, so that the public will subsidize every student who goes to private and religious schools. No wonder he campaigned for vouchers by visiting private and religious schools.

Some Republican legislators know that vouchers will hurt their public schools.

Governor Abbott has spent millions of dollars to defeat those brave Republican legislators who oppose vouchers.

The primary is March 5.

Funded by oil and gas billionaires and by Jeff Yass, a Pennsylvania billionaire, Abbott has tried and repeatedly failed to pass a voucher bill. He failed because these Republican legislators stood up for their communities and their public schools.

These legislators know their local teachers. They are friends and neighbors. The legislators know they are hard-working dedicated teachers. They teach the children; they don’t “indoctrinate” them, as Governor Abbott falsely claims. Many have taught in the same schools for decades, raising up the children in the way they should go.

The teachers are underpaid, and the school buildings need upgrades. But the Governor won’t put another penny into paying teachers and funding public schools unless he gets his vouchers.

In every state that has vouchers, most of them are used by students who never attended public schools. Vouchers are nothing more than a public subsidy for students already attending private and religious schools.

Voucher schools are free to discriminate and are excused from all accountability.

These heroic and principled legislators deserve your thanks and your vote on March 5:

  • Steve Allison, District 121, San Antonio
  • Ernest Bailes, District 18, Shepherd
  • Keith Bell, District 4, Forney;
  • DeWayne Burns, District 58, Cleburne;
  • Travis Clardy, District 11, Nacogdoches
  • Drew Darby, District 72, San Angelo
  • Jay Dean, District 7, Longview
  • Charlie Geren, District 99, Fort Worth
  • Justin Holland, District 33, Rockwall
  • Ken King, District 88, Canadian
  • John Kuempel, District 44, Seguin
  • Stan Lambert, District 71, Abilene
  • Glenn Rogers, District 60, Mineral Wells
  • Hugh Shine, District 55, Temple
  • Reggie Smith, District 62, Sherman
  • Gary VanDeaver, District 1, New Boston

For their courage in defending their community schools, their teachers, their parents, and their students, I place them on the blog’s Honor Roll.

Now get out there and vote for them!

Cameron Vickrey is a pastor in Texas who works as communications director for Fellowship Southwest. Her father was a pastor, her husband is a pastor, and she believes in public schools. This idea of adding pastors as mental health counselors is catching on in the South. At the moment, the Florida legislature is discussing the idea, as are other states. It’s one more way to erode the line between church and state. Will schools have pastors for every sect? Imams? Rabbis? What about the students who are atheists? Will they be denied counseling?

Cameron Vickrey wrote against this idea for the San Antonio Express-News

The deadline looms. Every public school district in Texas has been given until March 1 to choose between what seems to be two options for the role of chaplains in their  schools. 

But many are finding their way forward with a third way. This third way might at first seem like a people-pleasing, nondecision that avoids conflict and ignores the issue, but there’s wisdom in it.

In the regular session of the Texas Legislature last spring, lawmakers made several attempts to incorporate additional religious expression into public schools. Most of those efforts, like posting the Ten Commandments in every classroom and instituting a period for prayer and Bible study, failed. But SB 763 became law.

The chaplain bill, as it is known, requires school districts to choose whether they will allow paid or volunteer chaplains to serve students in public schools.

The National School Chaplain Association advocated for this legislation to fill a self-proclaimed need for more counselors in public schools to meet the mental health needs of students.

Not coincidentally, the leader of this association runs another organization,  Mission Generation. Mission Generation hopes to have 100 million people in discipleship with Jesus Christ by 2025 by offering school chaplain programs in public schools. So while it’s clearly not a way to meet mental health needs, at least not a safe way, it may very well be a way to turn schools into mission fields.

With all the political rhetoric about public schools being godless or hostile to religion, you might be surprised at how much leeway is given for religious expression.

So, back to our options, which  conventionally have been viewed as two: Either, yes, we will allow paid and/or volunteer chaplains to serve as counselors;  or, no, we will not. The Legislature is forcing school boards to take sides, inviting  further polarization. It sets the stage for activists to enter school districts and accuse board members on either side of the issue of bending to political will.

Under the Constitution, students are free to pray in school. They can wear religious clothing and accessories. They can share their faith with other students. They can read Scripture. Teachers, too, can discuss religion in class from an academic or objective perspective. And religious groups have the right to meet on campus outside of school.

There will be a public record of how each trustee of Texas’s 1,200 districts voted. Which side will they choose? Will they go on record supporting evangelistic efforts in public schools or not? It’s a political pickle.

Enter the third way: Avoid taking sides by passing a resolution affirming a current volunteer policy that doesn’t discriminate against chaplains.

My initial beef with this option is rooted in these districts’ unwillingness to stop the intrusion of religious influence into public schools. But I’m starting to like it. Finding a workaround to the Legislature’s demands is deliciously subversive. By refusing to play their game, these school boards are protecting their districts from political polarization, which is the biggest problem facing public education today.

I heartily commend those school boards that have rejected SB 763, including a majority of those in Bexar County. These districts have made sure the religious liberty of all students will continue to be protected from those who confuse schools with churches.

My kids’ district, North East ISD, has not yet voted. It is in an interesting position since the passing of trustee Terri Williams last fall has resulted in the potential for an evenly split vote. I urge the NEISD school board to protect our students from religious overreach. I believe they will, whether that comes in the form of a complete rejection of SB 763 or the subversive third way.

And if I’m totally surprised and they approve a chaplaincy program, well, that’s what elections are for.

Texas has several billionaire bullies who want the state to keep their taxes low, cut benefits to needy people, and enact vouchers so that more students can attend religious schools on the public’s dime.

Russell Gold writes in the Texas Monthly about Tim Dunn, a billionaire who has used his money to purge the Republican Party of moderates. In addition to being an oilman, Tim Dunn is a pastor and a devout Christian nationalist. He has funded numerous organizations that act as pass-throughs for his political contributions, such as Defend Texas Liberty PAC, the Texas Public Policy Foundation, the First Liberty Institute, Empower Texans, Texas Scorecard, Ballotpedia, Stand for Freedom PAC,

Gold writes:

You may not think about Tim Dunn. Indeed, unless you’re a close observer of Texas politics, it’s likely you haven’t heard of him. But Dunn thinks a lot about you.

For two decades he has been quietly, methodically, and patiently building a political machine that has pushed Texas forcefully to the right, sending more and more members of the centrist wing of the Republican Party into exile. A 68-year-old oil billionaire, Dunn seeks to transform Texas into something resembling a theocracy. If you ever wonder why state laws and policies are more radical than most Texans would prefer, the answer has a lot to do with Dunn and his checkbook. If you question why Texas’s elected officials no longer represent the majority of Texans’ views, the reason can be traced to the tactics employed by Dunn and the many organizations and politicians he funds and influences. He has built his own caucus within the Legislature that is financially beholden to him. And despite his Sunday school pleas for comity, Dunn has deepened Texas’s political divisions: there are the Democrats and what remains of the mainstream conservative Republican Party. And then there are Dunn and his allies….

In the past two years Dunn has become the largest individual source of campaign money in the state by far. Until recently his main tool for exerting influence has been the Defend Texas Liberty PAC, to which he has given at least $9.85 million since the beginning of 2022. This is nearly all the money he contributed to Texas races over that span and the majority raised by the committee. The political action committee targets Republicans, many of them quite conservative, whom it deems insufficiently loyal to the organization’s right-wing agenda. Dunn is not a passive donor who will dole out a few thousand dollars after a phone call and some flattering chitchat. The funding machine he has built is designed to steer politics and control politicians. 

Its methods are deceptively simple. A Dunn-affiliated organization lets lawmakers know how it wants them to vote on key issues of the legislative session. After the session, it assigns a number, from zero to one hundred, to each lawmaker based on these votes. Republicans who score high, in the eighties or nineties, are likely to remain in Dunn’s good graces. But those who see their scores drift down to the seventies or even sixties—who, in other words, legislate independently? Their fate is easy to predict. 

They’ll likely face a primary opponent, often someone little known in the community, whose campaign bank account is filled by donations from Dunn and his allies. This cash provides access to political consultants and operations that can be used to spread false and misleading attacks on Dunn’s targets, via social media feeds, glossy mailers, and text messages. “They told you point blank: if you don’t vote the way we tell you, we’re going to score against you,” said Bennett Ratliff, a Republican former state representative from Dallas County. “And if you don’t make a good score, we’re going to run against you. It was not a thumb on the scale—it was flat extortion.” Ratliff lost in 2014 to a Dunn-backed right-wing candidate, Matt Rinaldi, who scored a perfect one hundred in the next two sessions and quickly amassed power: Rinaldi now serves as the combative and divisive chair of the state GOP

Dunn’s influence goes well beyond campaigns and politics. His résumé is lengthy. He is vice chairman of the Texas Public Policy Foundation, a right-wing think tank located a couple of blocks south of the Capitol. TPPF generates policy proposals—from severe property tax cuts to bills that impede the growth of renewable energy—that are often taken up by the Texas Legislature and emulated in other red states. He has served for years on the board of the First Liberty Institute, a legal powerhouse that has won Supreme Court cases to advance Christianity’s role in public life. ..

In the past several years Dunn has become involved with multiple online media operations. “You can’t trust the newspapers,” he wrote in a 2018 letter to voters. But apparently you can trust Texas Scorecard, a political website that is often critical of politicians who don’t support his agenda. Texas Scorecard was published by Empower Texans, a group largely funded by Dunn that then became a separate organization in 2020. It continues to publish articles that are generally critical of candidates Dunn opposes.

He has also been an officer with Chicago-based Pipeline Media, which maintains a network of websites designed to look like independent local media outlets but that churn out often-partisan articles that amplify stances taken by special interest groups. The Tow Center for Digital Journalism at Columbia University found that this network has attacked renewable energy and advocated for property tax cuts. Further, Dunn is a longtime board member of the Lucy Burns Institute, publisher of the website Ballotpedia, which provides information on federal, state, and local elections. It recently launched an “ultra-local” initiative, publishing updates on candidate positions and endorsements in areas that have become news deserts after the closures of local newspapers. The site reported more than a quarter billion page views in 2022…

Dunn has a few key powerful officials in his pocket, including Lieutenant Governor Dan Patrick (a job considered more powerful than the governor) and Attorney General Ken Paxton, who escaped an effort to impeach him thanks to Dunn’s largesse.

Dunn is up-front about his desire to use politics to pave the way for a “New Earth,” in which Jesus Christ and his believers will live together. (“When heaven comes to earth and God dwells with his people as the King,” Dunn has said.) Until then, he remains a key player in the growing Christian nationalism movement, which rejects the importance of pluralism to American identity. Instead it contends that only devout Christians are good Americans. 

Back in 2010, Dunn met with Joe Strauss, the Republican Speaker of the Texas House of Representatives. Strauss represented San Antonio. He is Jewish. Dunn told Strauss that only Christians should be in leadership roles.

Considering that Jesus was Jewish, that’s not a very Christ-like sentiment. Unless you are a Christian nationalist.

The Houston Chronicle reports an acceleration in principal turnover since the state took over control of the Houston Independent School District and placed non-educator Mike Miles in charge. The principals of nearly 60 schools have resigned or been removed. A military man, Miles was “trained” by the Broad Superintendents Academy. He is imposing standardized curriculum and instruction across the schools he directly controls (called the “New Education System”).

Even the principal of an A-rated school lost his job.

The memos came in one after the other, a laundry list of grievances listing all the ways Federico Hernandez was supposedly failing as principal of Houston ISD’s Middle College High School.

A teacher used Post-It notes rather than index cards during a lesson, according to one complaint from Hernandez’s supervisor. Others allowed students to sit in the back of a classroom or kept a light off during class. Some implemented multiple response strategies, “but not correctly,” read the memo shared with the Houston Chronicle.

Even though the campus run on Houston Community College’s Felix Fraga campus boasts an A-rated academic performance, those were among the infractions that got Hernandez removed from his job less than two months into the school year.

He is one of at least 58 principals who left their schools, involuntarily or otherwise, in 2023 since Superintendent Mike Miles was appointed to his post by the Texas Education Agency on June 1, according to a Houston Chronicle analysis of HISD staffing records. After taking into account schools that share a principal, such as Jane Long Academy and Las Americas Newcomer School, or those that recorded multiple changes between June and December, such as Madison High School, the Chronicle confirmed there have been at least 61 leadership changes across 59 campuses…

Erica Harbatkin, an education policy expert at Florida State University who studies principal turnover, said it is not unusual for administrators to reassign principals in an attempt to shake up under-performing schools. They typically don’t do so during the school year, though, because principals need time to plan and coordinate their staff, and “coming in after the school year started… obviously undermines some of those strategies.”

Harbatkin said replacing a principal is one of the quickest ways to effect change at a school, for better or worse.

“The theory of action behind more contemporary school turnaround and improvement policy is that these schools are in this pattern of low performance, and they need something to get them out, some sort of big external shock … and one of the ways that happens is through replacing the principal,” Harbatkin said.

If not done carefully, however, principal turnover can lead to negative effects on student achievement, Harbatkin said. Her research found that principal turnover “is associated with lower test scores, school proficiency rates, and teacher retention.”

“When principals turn over teachers tend to turn over as well, and if that turnover is not well-planned, if there’s not good distributed leadership in the school or someone who can step into the role, that’s likely to make those negative effects even larger,” Harbatkin said.

No one explained the theory or rationale for removing a principal from a high-performing school. Maybe he failed to comply with an order…

Ebony Cumby, who served as principal at Askew Elementary in west Houston for 12 years, resigned within a week of Miles’ appointment after sitting through the first couple days of principal meetings.

“Throughout that period, there were things that I thought were exciting changes that needed to be made in the district, and there were other things that I could foresee being problematic, especially for a district as large as HISD,” Cumby said.

Cumby said she appreciated Miles’ attempts to “bring more consistency” to the district by standardizing the curriculum and other elements, but she was put off by what she described as “a cookie-cutter way of teaching” that she would be expected to enforce. After over two decades at HISD, she ended up leaving public education altogether for another industry.

“I noticed early on that there were things in place that, whether it was intentional or not, were going to take autonomy away from teachers and require them to conform to a certain way of doing things and really take away their creativity, which as a principal was a big deal to me,” Cumby said. “To kind of hear that its ‘our way or the highway’ did not sit well with me.”

Last May, I wrote about a punitive law in Texas that terrified the state’s 300 or so independent bookstores. The law, House Bill 900, required bookstores to rate every book they sold—now and in the past— to school libraries.

The bookstores sued to overturn to the law, arguing that the administrative burden of complying would put most of them out of business.

Their suit succeeded at the District Court level. Then it advanced to the very conservative Fifth Circuit Court of Appeals, and the plaintiffs were fearful. [A sign of the times: Back in the 1960s and 1970s, when the federal courts were constantly challenged to enforce the Brown decision of 1954, the Fifth Circuit was considered highly liberal in facing down segregationists.]

But to the delight of the booksellers, the Fifth Circuit sided with them.

The Texas Monthly reported:

The lawsuit, which was filed by Houston’s Blue Willow Bookshop and Austin-based BookPeople, along with a group of free speech organizations, argued that HB 900’s requirement essentially compelled the private businesses to engage in speech by requiring them to create a rating system for the materials they sold.

…the Fifth Circuit issued an uncommon ruling against the state, rejecting arguments from the Texas Education Agency—the suit’s lead defendant—that claimed that requiring booksellers to rate books was a mere administrative task. “This process is highly discretionary and is neither precise nor certain,” the court’s opinion read. “The statute requires vendors to undertake contextual analyses, weighing and balancing many factors to determine a rating for each book,” a process the opinion said was “anything but the mere disclosure of factual information.”

The plaintiffs had several issues with the law—tasking short-staffed booksellers with reading every single book any customer wanted to order would be an impossible task, for instance—but, according to Blue Willow owner Valerie Koehler, the real sticking point was being required by law to offer opinions on the contents of the books she sold. “I think common sense has prevailed,” she told Texas Monthly. “It’s not really up to the vendor to rate these books, where they’re compelling us to rate a book that they could then say, ‘No, that’s not a good rating.’ They were making us take a stand, and then were still in charge of whether our standards were right or not.”

The future of the law is still undecided—representatives from the office of the attorney general and the Texas Education Agency did not return requests for interviews—but the state would face an uphill battle with the Supreme Court after losing at the typically reliable Fifth Circuit. Koehler is accordingly optimistic—and reflective—about the struggle.

“We’ve never said, ‘We’re not going to carry that book because we don’t believe in it.’ We’ll carry it on our shelves if we think someone is going to come in and ask for it. That’s what we do as a business,” she said. “I didn’t take a stand against Greg Abbott; I took a stand as a business, for common sense, and my First Amendment rights as a bookseller.”

The Justice Department recently released a lengthy report on the massacre of 19 students and two teachers in Uvalde, Texas, on May 24, 2022.

The report concluded that teachers and students have more training about how to react to an active shooter than the nearly 400 law enforcement officers who converged on the school. No one was sure who was in charge. The children had been trained to be silent, and they were. The officers assumed that the silence meant that the shooter was barricaded in an empty classroom, despite numerous 911 calls by terrified students. For over an hour, no one confronted the killer. The mistakes cost lives. When the killer was dead, the medical response to the situation was bizarre. Dead children were placed in ambulances, while children with gunshot wounds were loaded onto school buses.

ProPublica and the Texas Tribune published and summarized the findings:

UVALDE, Texas — Law enforcement agencies across the country should immediately prioritize active shooter training, U.S. Attorney General Merrick Garland said Thursday as he released a scathing report about the handling of the 2022 massacre in Uvalde, Texas, in which lives could have been saved if training protocols had been followed.

The Justice Department’s long-anticipated report about the shooting found that “cascading failures of leadership, decision-making, tactics, policy and training” led to the bungled response, which Garland said should never have happened. Nineteen children and two teachers were killed on May 24, 2022.

“Had law enforcement agencies followed generally accepted practices in an active shooter situation and gone right after the shooter to stop him, lives would have been saved and people would have survived,” Garland said during a news conference on Thursday.

The report’s findings about the failure to follow protocol and the lack of sufficient training to prepare officers for a mass shooting largely mirrored the flaws revealed in a Texas Tribune, ProPublica and FRONTLINE investigation published last month that found that states require students and teachers to receive far more training to prepare them for a mass shooting than they require for the police. At least 37 states require schools to conduct active-shooter-related drills, nearly all on an annual basis. But Texas is the only state that mandates that all of its police officers complete repeated training, at least 16 hours every two years. That requirement was implemented after the Uvalde shooting.

Garland said the report was produced in an effort to offer lessons that would hopefully better prepare law enforcement across the country to respond to future mass shootings. It offered recommendations that included requiring all agencies in a region to train together and providing officers across the country with at least eight hours of active shooter training annually.

The vast majority of at least 380 officers from about two dozen local, state and federal agencies who responded to the school had never trained together, “contributing to difficulties in coordination and communication,” the report stated.

“Our children deserve better than to grow up in a country where an 18-year-old has easy access to a weapon that belongs on the battlefield, not in a classroom,” Garland said. “And communities across the country, and the law enforcement officers who protect them, deserve better than to be forced to respond to one horrific mass shooting after another. But that is the terrible reality that we face. And so it is the reality that every law enforcement agency in every community across the country must be prepared for.”

Mo Canady, executive director of the National Association of School Resource Officers, said in an interview that he appreciates the emphasis the Department of Justice placed on widespread active-shooter training. Still, Canady said he is frustrated that leaders have not already learned that “25-year-old lesson” after the shootings at Columbine High, Sandy Hook Elementary and Marjory Stoneman Douglas High School.

Since the 1999 Columbine shooting, law enforcement officers have been trained to prioritize stopping the shooter. The report stated that everything else, including officer safety, should be secondary, adding that efforts to engage the shooter “must be undertaken regardless of the equipment and personnel available.”

“We’ve got to understand what the priorities are and, quite frankly, I see there are not a lot of priorities greater than keeping students safe at school,” Canady said.

Kimberly Mata-Rubio, whose 10-year-old daughter Lexi was killed in the shooting, said she hopes the report’s findings lead to action, that “the failures end today and that local officials do what wasn’t done that day, do right by the victims and survivors of Robb Elementary: terminations, criminal prosecutions and that our state and federal government enacts sensible gun laws…”

The district attorney and the Texas Department of Public Safety have fought the release of records related to the shooting, prompting news organizations, including ProPublica and the Tribune, to sue. A Travis County district judge ruled in the newsrooms’ favor last month, but DPS appealed. The agency did not respond to requests for comment about the Justice Department’s report.

Texas Gov. Greg Abbott, who initially praised the response and later said he was misled, released a statement thanking the Justice Department. He said the state has already adopted some of the recommended measures and would review others.

The report, which offers the most comprehensive account to date from authorities about the shooting, echoes many findings from a probe released by a state House committee two months after the shooting…

The report noted that the “misguided and misleading narratives, leaks, and lack of communication about what happened on May 24 is unprecedented and has had an extensive, negative impact on the mental health and recovery of the family members and other victims, as well as the entire community of Uvalde.”

The previous mayor of Uvalde requested the federal review days after the shooting when it became clear that the response was flawed. The review was led in part by Sheriff John Mina of Orange County, Florida, who was the incident commander during the 2016 Pulse Nightclub massacre in Orlando.

An outside review of that incident found that Florida officers, who waited three hours to take down the shooter, mostly followed best practices, although it stated that the law enforcement agencies in Orlando should update their training and policies.

In multiple after-action reviews, including the Pulse report, authors opted not to criticize significant law enforcement delays during mass shootings, according to an analysis of more than three dozen of these reports by ProPublica, the Tribune and FRONTLINE.

The Uvalde report was far more critical, finding failures in leadership, command and coordination.

It stated that officers wrongly treated the situation as a barricaded suspect incident instead of one in which a shooter was an active threat to children and teachers. Officers should “never” treat an active shooter with access to victims as a barricaded suspect — especially in a school, where there is a “high probability” of potential victims and innocent civilians being present, the report stated.

Officers had multiple indicators that should have made it clear they were facing an active shooter, including 911 calls from children and teachers pleading for help, a dispatcher’s announcement minutes after officers arrived that students were likely in the classroom with the shooter, and an Uvalde school police officer announcing that his wife had called to tell him she had been shot, according to the report.

Gupta condemned the medical response, saying that after police breached the classroom and killed the gunman, dead victims were placed in ambulances while children with bullet wounds were put on school buses. Many of those findings were revealed in a 2022 investigation by the Tribune, ProPublica and The Washington Post that determined medical responders did not know who was in charge and that two students and a teacher who later died still had a pulse when they were rescued from the school.

In its blistering criticism of responding officers, the report said that supervisors from various law enforcement agencies “demonstrated no urgency” in taking control of the incident, which exacerbated communication problems and added to overall confusion.

Uvalde school district Police Chief Pete Arredondo, who was listed as the incident commander in the district’s active-shooter plan, had the “necessary authority, training and tools” to lead the response but did not provide “appropriate leadership, command and control,” the report found. Arredondo could not be reached for comment Thursday through his attorney. He has previously defended his actions and those of others involved in the response.

Beyond that, no leader from any of the other responding agencies “effectively questioned the decisions and lack of urgency” demonstrated by Arredondo and Uvalde Police Department Acting Chief Mariano Pargas, who both arrived at the school within minutes of the first round of gunfire. The report listed Uvalde County Sheriff Ruben Nolasco, Uvalde County Constables Emmanuel Zamora and Johnny Field, and an unidentified Texas Ranger as examples of such leaders.

“Responding officers here in Uvalde, who also lost loved ones and who still bear the emotional scars of that day, deserved the kind of leadership and training that would have prepared them to do the work that was required,” Garland said.

The report also found that key officers, including Pargas, had no active shooter or incident command training despite, in some instances, having decades of law enforcement experience. Nolasco, the sheriff, also had no active shooter training and “minimal” incident command training.

As you know, Governor Abbott of Texas placed the Texas National Guard in control of the international border which is the Rio Grande River, where immigrants have been wading or swimming across. The Texas Guard refused to allow the U.S. Border Patrol to enter the section they control near Eagle Pass, Texas. Recently a woman and her two small children drowned in the section patrolled by the state.

The Biden administration sued the state to recognize the supremacy of federal law. The federal district court agreed with the feds. The Fifth Circuit Court of Appeals agreed with the state. The U.S. Supreme Court ruled 5-4 for the federal government.

Now Governor Abbott says he will ignore the Supreme Court because the state is facing an “invasion.”

The PBS Newshour invited a notable constitutional lawyer, Stephen Vladeck of the University of Texas, to discuss the issues.

I’m not a lawyer but it seems to me that the issue of states’ rights was settled in 1865.

Meanwhile, Governor Abbott is scoring lots of points for defying the federal government and the Supreme Court. Texas has a small but loud minority that wants to secede from the U.S.

Abbott wants a confrontation with the federal government. Biden will have to stand up to Abbott’s grandstanding while taking a strong position on securing the border.