Small bookstores in Texas sued to block a law passed in June requiring them to rate every book they ever sold to the state by its sexual content. The bookstores maintained that the law was so burdensome and arbitrary that it would put them out of business.
After nearly three weeks of waiting, federal judge Alan D. Albright delivered a major victory for freedom to read advocates, issuing a substantive 59-page written opinion and order officially blocking Texas’s controversial book rating law, HB 900, from taking effect. The decision comes after Albright orally enjoined the law at an August 31 hearing and signaled his intent to block the law in its entirety.
Signed by Texas governor Greg Abbott on June 12, HB 900 would have required book vendors to review and rate books for sexual content under a vaguely articulated standard as a condition of doing business with Texas public schools. Under the law, books rated “sexually explicit” (if the book includes material deemed “patently offensive” by unspecified community standards) would be banned from Texas schools. Books rated “sexually relevant” (books with any representation of sexual conduct) would have required written parental permission for students to access them. Furthermore, the law would have given the state the ultimate power to change the rating on any book, and would have forced vendors to accept the state’s designated rating as their own, or be barred from selling to Texas public schools.
In suing to block the law, the plaintiffs (two Texas bookstores—Austin’s BookPeople and Houston’s Blue Willow Bookshop—together with the American Booksellers Association, the Association of American Publishers, the Authors Guild, and the Comic Book Legal Defense Fund) argued that the law is blatantly unconstitutional, and would impose an untenable burden on vendors and publishers. After two hearings held in August, Albright agreed in an opinion handed down September 18.
“The Court does not dispute that the state has a strong interest in what children are able to learn and access in schools. And the Court surely agrees that children should be protected from obscene content in the school setting,” Albright concluded. “That said, [the law] misses the mark on obscenity with a web of unconstitutionally vague requirements. And the state, in abdicating its responsibility to protect children, forces private individuals and corporations into compliance with an unconstitutional law that violates the First Amendment.”
In defending the law, Texas attorneys had moved to dismiss the suit, arguing that the plaintiffs lacked standing to challenge the law, and that the state has the right to regulate vendors who wish to do business with Texas public schools—essentially asserting that rating books would simply be part of the cost of doing business in Texas. Albright demolished those arguments in his opinion, and harshly criticized the ill-conceived law in denying the motion to dismiss.
At one point, Albright observed that the burden placed on vendors by the law are “so numerous and onerous as to call into question whether the legislature believed any third party could possibly comply.”
Ruth Ben-Ghiat is an expert on fascism and authoritarianism. She teaches European history at New York university. I subscribe to her blog Lucid, where this post appeared. The acquittal of a corrupt State Attorney General is a warning to the nation about what the GOP has become (if further warning were needed).
For two reasons, it’s unsurprising that Paxton was acquitted of all charges by his cronies in the Texas Senate. The Texas GOP is one of the most extreme in the nation. Paxton has been a vociferous supporter of Trump’s claim that Trump won the 2020 election. In October 2021 Paxton, a hard-core Trump defender, characterized Joe Biden’s presence in the White House as an “overthrow” –the word implying that Biden pulled off a coup to take power.
A 2022 Texas GOP resolution expands on this attempt to make Biden a lawless figure: it calls him an illegitimate and “acting” president. For those who study authoritarianism, this is a red flag: it not only discredits Biden but implies that he won’t be there for long and can be removed at any time..
The logic of corruption also matters here. The GOP has embraced the methods and values of authoritarianism. It now depends on propaganda (the “Big Lie”), intimidation, and corruption –election denial being a form of corruption–for its identity and to maintain itself in power. In particular, it is a party that has remade itself in Trump’s image, with the goal of protecting the corrupt and the criminal dictating its actions.
With its leader and many luminaries now indicted for trying to overturn the 2020 election, and those running for president pledging on live television that they will support a convicted criminal as nominee, it is dangerous for the GOP to stand up at the state level for accountability. How much more appropriate to keep a corrupt attorney general in office. Authoritarianism is rule by the lawless. At its peak, as in the states of Vladimir Putin and Kim Jong Un, authoritarianism becomes political rule in support of kleptocracy.
The dangers of accountability, transparency, impartial investigation and other bedrock values of democracy for authoritarian leaders and parties is why these inevitably go after members of the press and the judiciary and often the intelligence sector as well. In the American case, this motivates attacks against the FBI, which is still investigating Paxton (who also faces a state securities fraud case).
In the short term, Paxton will be further emboldened to aggressively undermine the rule of law in his state. On cue, Paxton denounced the “weaponization of the impeachment process to settle political differences.” No matter that the GOP as a whole is seeking to impeach Biden, at Trump’s bidding, to “settle political differences” and take revenge on Biden for having committed the sin of having been legally elected to the office of the presidency.
For the authoritarians of the GOP, who no longer see free and fair elections as valid ways of deciding America’s leadership, that amounts to an “overthrow,” to use Paxton’s word. This is where the GOP is now.
The Texas Observer is a feisty journal that specializes in investigative journalism. Like all such media that live to fight the powerful and the corrupt, it survives by a shoestring. I have a special fondness for the Ibserver because that was where I published my first article after finishing college.
What can one say about disgraced Attorney General Ken Paxton’s acquittal in his impeachment trial other than there seems to be no justice or accountability for flagrant public corruption in Texas. “While Paxton is back in power, his troubles aren’t over,” writes Senior Staff Writer Justin Miller. “Next month, he’ll finally go to trial on the state securities fraud charges for which he was indicted nearly a decade ago. Then, there’s the federal investigation into him for the very same allegations that brought his impeachment.”
Impeached but not convicted, Ken Paxton is returning to helm the Texas Attorney General’s office.
After a nearly-two week trial and hours of private deliberation, the Texas Senate voted to acquit Paxton on all 16 of the articles of impeachment that were brought to trial by the House. No single vote came close to reaching the two-thirds majority required to convict, and only two Republicans—Senators Kelly Hancock and Robert Nichols—joining Democrats on most articles.
Having spent his political career dodging legal and ethical challenges, Paxton’s acquittal of impeachment charges involving serious and sweeping corruption allegations marks a whole new level of victory for the attorney general.
His impeachment stemmed from several of his top deputies reporting him to the FBI after coming to believe that Paxton may have committed crimes and abused his office by providing extraordinary access and favors to his friend and campaign donor Nate Paul, a real estate investor in Austin. All of those deputies then either resigned or were fired.
Some of those deputies filed a whistleblower lawsuit against the AG’s office, which was fought for over two years, and finally reached a settlement in the beginning of this year. Then, a Texas House committee began secretly investigating the nature of that settlement and the whistleblowers’ complaint, culminating in a sudden-onset impeachment vote against Paxton at the every end of the 2023 legislative session.
Paxton’s impeachment trial in the Senate was full of drama and tension, with the public hearing directly from many of the people—including the whistleblowers—involved in these allegations for the first time. One of the strangest moments came on Thursday, when Paxton’s adulterous girlfriend Laura Olson showed up at the capitol to testify, only to leave before taking the stand—explained only in an announcement by Lieutenant Governor that she was deemed “unavailable” to testify.
In the defense’s closing arguments, Houston lawyer Tony Buzbee condemned, vilified, mocked and threatened the House, the prosecution team, the “so-called whistleblowers,” the media, and the political establishment for trying to take down Paxton on a bunch of unverified “maybes” and “could-be’s.” This echoed the defense’s consistent theme throughout the trial that this was all part of a dark conspiracy by establishment Republicans to take down Paxton after failing to defeat him at the ballot box….
After the final votes were taken, Dan Patrick–who presided over the trial as judge—didn’t waste a second letting his true feelings be known after being largely silent over the preceding three months.
He unleashed a tirade against the House and its Speaker Dade Phelan for the rushed and half-cocked process for impeaching Paxton in the first place. Patrick promised that he would push to pass constitutional amendments in the next session that would reform the state’s impeachment laws. Prior to the trial, Patrick’s campaign received $3 millionfrom the pro-Paxton PAC Defend Texas Liberty…
While Paxton is back in power, his troubles aren’t over. Next month, he’ll finally go to trial on the state securities fraud charges for which he was indicted nearly a decade ago. Then, there’s the federal investigation into him for the very same allegations that brought his impeachment.
With the help of an outside pressure campaign led by billionaire allies, Paxton survived this political trial. Can he do the same in an actual court?
Much of that money [for Paxton’s defense] came from a Midland oilman named Tim Dunn. Dunn was a strong, ideological right-winger and an evangelical Christian who had helped Republicans beat back the Democratic wave and shore up control of the House in 2010. (Dunn was joined by other donors, and later his money was greatly supplemented by oilmen Dan and Farris Wilks, but he was, and is, the whale.) After the election, Straus invited Dunn to breakfast at the Capitol, hoping to establish some rapport and lines of communication. Dunn seemed uninterested for many reasons, but one in particular: Straus was the state’s first Jewish Speaker. Only Christians should be in leadership positions, Dunn told the Speaker. Straus settled in for a long siege.
Funny how issues like vouchers, vote suppression, abortion, attacks on gay rights, and disrespect for Black history get intertwined.
Mike Miles, the state-imposed superintendent of the Houston Independent School District, has never been a teacher, but he thinks he knows exactly what teachers should do. He has dubbed his behaviorist program the “New Education System.” Those teaching in certain designated schools are required to do it his way or get out. Clearly he has never read the research on motivation (Edward Deci, Dan Ariely, Daniel Pink), or he would know that forced compliance depresses motivation.
Teachers called to a last-minute after school meeting at Chrysalis Middle School Friday afternoon were told to get with the New Education System program instituted by Houston ISD Superintendent Mike Miles or get gone. And that they had until 6 p.m. Sunday to let the district know whether they’d be staying or wanted to be moved to another school.
Dr. Luz Martinez, the Central Division superintendent (previously at Midland in 2021 and Round Rock in January 2023 before moving to HISD this June), minced no words in making it clear that there wasn’t to be any more questioning of the new policies at the NES-Aligned schools, part of the Miles plan after the state takeover of HISD.
By Saturday, two teachers who tried to ask questions — one of whom was thrown out of the meeting — received letters that the district was beginning the process of terminating their employment and they were barred from campus. “Insubordination” was cited as the precipitating factor in Carr’s case.
“We are not going back. We are not compromising,” Martinez had told the teachers at the meeting while Principal Mary Lou Walter stood by, “All this noise that is going on, that’s in the past. We are moving forward. We are NES-Aligned.” She went on to insist that the NES program was “never intended to be rigid, never intended to be mechanical.”
At the same time, Martinez told teachers she’d be bringing more outsiders into the schools who would be in the teachers’ classrooms “all the time” to ensure they are “implementing the model with fidelity.”
Science teacher Teresa Carr said she attempted to ask in what way the teachers at Chrysalis were supposedly falling short. “[Martinez] said we were not implementing with fidelity,” said Carr but when the district superintendent was pressed, the only example she came up with was three elementary students she’d spotted on their way to the office because they’d had bathroom accidents. Pointing out that involved Cage and not the middle school or its teachers, Carr said she was unable to get Martinez to give any specific examples involving Chrysalis.
After Carr left the meeting, another teacher attempted to continue with follow up questions, Carr said. That teacher also received a letter of reprimand and notice that termination proceedings were beginning against her, Carr said.
The holder of a BA in science education and a master’s in English education, Carr said she had never been in trouble with the district before and clearly by Sunday was still very unsettled by what had happened. One bright spot was that she had joined the Houston Federation of Teachers union for the first time before the start of school this year and had already talked with her union rep.
A group of parents at Cage Elementary and Chrysalis — they share the campus and principal with Chrysalis — have planned a protest at 7:30 a.m. Monday about what happened Friday and the NESA program in general. Parent Mayra Lemus echoed the bewilderment of many when she pointed out that Cage has been an A level Blue Ribbon School, so why were the more rigid educational approaches that are part of NES instituted there.
Naturally enough, given the times in which we live, someone recorded part of Martinez’s speech.
Carr said when she asked again for an answer to her questions, Martinez walked toward her saying “You can leave. You can leave. You can leave.”
In her written reprimand to Carr, Martinez wrote that the science teacher had “acted in a highly unprofessional manner” in the meeting and was “insubordinate.” According to Martinez, Carr yelled during the exchange and talked over her. Carr insists that it was Martinez who did the yelling.
“As a result, I will move forward with an immediate recommendation to terminate your contract effective 9/16/2023,” Martinez wrote. She also notified Carr that she was not allowed on the Cage/Chrysalis campus for any reason and that she would have to make arrangements to have her personal items picked up after 5:30 p.m.
“If you’re one of those teachers who don’t want to do the model, that is fine. But you will not be here,” Martinez had told teachers assembled Friday. She gave them the weekend to think it over, but later that was shortened to 6 p.m. Sunday.
Ken Paxton is a Trump acolyte who sued on behalf of other Republican State Attorneys General to overturn the 2020 election. His case went to the U.S. Supreme Court, which rejected it because Paxton and his allies offered no evidence of fraud.
Despite his sterling credentials as a reactionary Republican, Paxton was impeached by the Republican-controlled House on multiple charges of corruption. 70% of the House voted for impeachment. The case then went to the Republican-controlled Senate, which acquitted Paxton despite mounds of evidence against him.
The Texas Tribuneexplained the amply documented case against Ken Paxton. No matter, because MAGA types sent out the word that anyone who voted to convict Paxton would face a primary challenger who would call them a socialist Communist Marxist traitor. As state senators looked around and counted votes, they realized that Paxton would not be convicted and made sure they were on the winning team.
Several whistleblowers in his office reported his misdeeds. No matter. Among the many troubling charges were his actions to protect a valued friend and real estate investor named Nat Paul. Paxton admitted a few years back that he had engaged in an extramarital affair; it was over, he said. He would sin no more.. That usually is a bad omen for public officials who claim to be good Christians fighting to uphold family values. (His wife is a state Senator but she recused herself from the vote.)
But after Paxton confessed his sins, he didn’t end the affair. Instead his friend Nat Paul gave Paxton’s paramour a job so she could live in Austin to be close to him. Paxton not only continued the affair but protected Nat Paul when others thought he broke the law.
The dramatic votes capped a two-week trial where a parade of witnesses, including former senior officials under Paxton, testified that the attorney general had repeatedly abused his office by helping his friend, struggling Austin real estate investor Nate Paul, investigate and harass his enemies, delay foreclosure sales of his properties and obtain confidential records on the police investigating him. In return, House impeachment managers said Paul paid to renovate Paxton’s Austin home and helped him carry out and cover up an extramarital affair with a former Senate aide.
Whatever Paxton did was irrelevant in the end. That’s Texas Republican politics.
After the Senate acquitted Paxton, Dade Phelan, Republican Speaker of the House, released the following statement:
FOR IMMEDIATE RELEASE
September 16, 2023
CONTACT
Cassi. Pollock@speaker texas. gov
Statement from Speaker Dade Phelan on Impeachment Verdict
AUSTIN, Texas – Texas Speaker of the House Dade Phelan today released the following statement regarding the Texas Senate’s verdict on the impeachment of Attorney General Ken Paxton: “Over the last two weeks, the Texas House Board of Managers provided the Texas Senate and the people of Texas extensive evidence of Ken Paxton’s corruption, deception and self- dealing. It is extremely unfortunate that after hearing and evaluating this evidence, the Texas Senate chose not to remove him from office.
Moreover, I find it deeply concerning that after weeks of claiming he would preside over this trial in an impartial and honest manner, Lt. Governor Patrick would conclude by confessing his bias and placing his contempt for the people’s House on full display. To be clear, Patrick attacked the House for standing up against corruption. His tirade disrespects the Constitutional impeachment process afforded to us by the founders of this great state. The inescapable conclusion is that today’s outcome appears to have been orchestrated from the start, cheating the people of Texas of justice.
“This impeachment was set in motion because Ken Paxton requested millions of taxpayer dollars to settle a lawsuit brought by conservative, senior employees who Paxton himself recruited to his office. These brave individuals were willing to sacrifice their reputations and careers to fight against the misconduct they witnessed, which included abuse of power, corruption, allegations of bribery, and allowing Nate Paul to act as the de facto Attorney General of Texas.
“The House General Investigating Committee’s subsequent investigation into the merits of the settlement produced more than enough damning evidence to warrant impeachment. The impeachment process exists not to punish the offender, but to determine whether they have abused their power so egregiously that they are unfit for office and their removal is in the best interest of the state.
It is unfortunate that the outcome of this process will ultimately relinquish control of the state’s top law enforcement agency to an individual who, I believe, clearly abused his power, compromised his agency and its employees, and moved mountains to protect and benefit himself.
“The Senate’s refusal to remove Ken Paxton from office is, however, not the end of this matter. Ken Paxton is the subject of multiple other lawsuits, indictments and investigations. If new facts continue to come out, those who allowed him to keep his office will have much to answer for.
“I extend my utmost thanks to the House Board of Managers and their legal team for their diligent work on this matter, and to each of the 121 House Members who bravely acted in the best interest of this state by voting to advance the articles of impeachment. It was a difficult vote to take, but not a difficult decision. And unlike others, they chose principles over politics. I stand with them in full support of their decision and recognize the sacrifices they made in the name of doing what is right. Because of them, Texans had the ability to hear the evidence in a public trial, as the founders of this great state intended.”
On Saturday, President Joe Biden and First Lady Dr. Jill Biden went to Florida, where he surveyed the damage, praised the Federal Emergency Management Agency (FEMA), and told the people of Florida: “Your nation has your back, and we’ll be with you until the job is done.”
White House press secretary Karine Jean-Pierre reiterated, “It doesn’t matter if it’s a red state or a blue state, the president’s going to show up and be there for the community.” Florida governor Ron DeSantis declined to meet with the president, apparently fearing a backlash from anti-Biden primary voters, but Republican senator and former Florida governor Rick Scott did meet with Biden and praised his rapid response to the hurricane.
Biden’s promise to the Republican-dominated state of Florida even in the face of DeSantis’s pettiness was a striking contrast to former president Trump’s withholding of federal aid from Malden and Pine City, Washington, almost exactly three years ago, when a September 2020 wildfire destroyed 15,000 acres and 85% of the buildings, including 65 homes. Trump held up Washington governor Jay Inslee’s request for a disaster declaration, which frees up federal funds, for more than four months out of spite at the Democratic governor.
It was Biden who finally approved the declaration days after taking office. According to Emma Epperly and Orion Donovan Smith of the Spokane, Washington, Spokesman-Review, when he heard the declaration was finally in place, Malden Mayor Dan Harwood teared up in relief. “Our citizens are going to be able to go forward now,” he said. “We’ve been waiting for this day for a long time. It’s a very, very good day.”
Yesterday the three most senior civilian officials in the Department of Defense responsible for their branches—Secretary of the Navy Carlos Del Toro, Secretary of the Air Force Frank Kendall, and Secretary of the Army Christine Wormuth—wrote in the Washington Post that Senator Tommy Tuberville (R-AL, though it turns out he lives in Florida) is actively eroding “the foundation of America’s…military advantage” with his blanket hold on military promotions.
Tuberville says he launched the hold in protest of the military’s policy of ensuring that military personnel can obtain reproductive health care, including abortions, but as the authors of the Post op-ed say, his policy “is putting our national security at risk.” More than 300 of our critical posts have acting officials in place, and three of our five military branches—the Army, Navy, and Marine Corps—have no Senate-confirmed service chief.
In defense of his position, Tuberville has begun to attack the military leaders whose promotions he is opposing, much as former Fox News Channel personality Tucker Carlson lashed out repeatedly at Joint Chiefs of Staff chair Mark Milley for his support for diversity and inclusion in the military. In their op-ed, the secretaries warned of the danger of politicizing our military and noted that the damage Tuberville is inflicting on the service will echo for years as today’s colonels and captains gather that their service is not valued by members of Congress.
Tonight, Secretary of the Navy Del Toro, who was born in Cuba, said on CNN: “I would have never imagined that…one of our own senators would actually be aiding and abetting communist and other autocratic regimes around the world. This is having a real negative impact and will continue to have a real negative impact on our combat readiness. That’s what the American people truly need to understand.”
Today marked the start of Texas attorney general Ken Paxton’s impeachment trial in the Texas Senate, which has taken on a meaning far larger than the fate of a single state official and become a fight over the future of the Republican Party.
Paxton is a hard-right Republican who has based his political career on his identity as a Christian conservative advancing evangelicals’ culture wars. He has pushed Texas rightward since he took office in 2015, first challenging President Barack Obama’s Affordable Care Act and immigration orders, then championing Trump, then celebrating his wins against “woke Biden administration rules” and defending states’ rights.
Paxton supported Trump’s efforts to overturn the results of the 2020 election, filing a lawsuit drafted by the Trump campaign to challenge other states’ elections and then, when the Supreme Court declined to hear that case, criticizing both the court and other states when he spoke at the January 6 rally at the Ellipse that preceded the attack on the U.S. Capitol.
But Paxton has been embroiled in scandals since being indicted for securities fraud just months after he took office as the state’s top law enforcement officer. That trial has yet to take place, but now he is embroiled in other scandals that have led the Republican-dominated Texas House of Representatives to pass 20 articles of impeachment against him by a vote of 121 to 23. The House started impeachment proceedings after Paxton asked for $3.3 million in state funds to pay a settlement to four whistleblowers who accused him of abuse of office and bribery in 2020 and who were fired within a month.
But the impeachment charges center around his ties to his friend and donor Nate Paul. Paxton is accused of helping Paul in exchange both for gifts and for hiring Paxton’s mistress.
The Texas Senate will conduct the impeachment trial. There are 31 members of the Senate, but one of them is Paxton’s wife, whom the Senate banned from voting after she refused to recuse herself. So to convict him, it will take 21 of the 30 state senators who can vote (his wife’s presence makes the conviction threshold 21 rather than 20). If all 12 Democrats in the Senate vote to convict, it will require 9 of the 18 voting Republicans to convict him.
Robert Downen and Zach Despart of the Texas Tribune yesterday reported that the impeachment trial is expected to focus on Paxton’s infidelity to his wife. He told his staff about the extramarital affair at the center of his relationship with Nate Paul in 2018, when he promised it was over and he was recommitting to his marriage. But, in fact, he didn’t. To hide the affair from his wife and his deeply religious constituents, impeachment managers say, Paxton worked with Paul to get a job for his girlfriend and hide the relationship, and then used his office to help Paul weather lawsuits and bankruptcy.
The Republican Party in Texas is split over Paxton much as the country is split over former president Donald Trump. Some say that Paxton’s extraordinary behavior warrants impeachment and trial and that, after all, a majority of Republicans in the Texas House were so concerned they impeached him.
But others insist that he is, as he claims, a victim of political persecution. They maintain that a flawed man can do God’s will, and they support Paxton no matter what his failings out of support for his political crusades on their behalf. J. David Goodman reported yesterday in the New York Times that right-wing donors have embarked on an expensive, high-pressure campaign to convince Republicans in the Texas Senate to vote against conviction, threatening to primary anyone who votes against Paxton.
Still, his approval rating among Republicans has dropped by 19 percentage points since April, while his disapproval rate has more than tripled since last December.
In other court news, a Florida judge this weekend struck down a state congressional map pushed through the legislature by Florida governor Ron DeSantis, saying it violates the state constitution by diluting Black voting power. The state will automatically appeal.
Today, three Republican-appointed federal judges struck down Alabama’s new congressional map after the state legislature ignored a court order to redraw the state map to include a second majority Black district since the state map put in place after the 2020 census likely violated the 1965 Voting Rights Act.
The judges wrote that they were “disturbed” by the state legislature’s refusal to correct its illegal maps. “We are not aware of any other case in which a state legislature—faced with a federal court order declaring that its electoral plan unlawfully dilutes minority votes and requiring a plan that provides an additional opportunity district—responded with a plan that the state concedes does not provide that district.”
The court will appoint a special master to draw Alabama’s congressional map, but Alabama attorney general Steve Marshall, a Republican, has already appealed the decision to the U.S. Supreme Court.
In Wisconsin, where Republicans have called for impeaching Supreme Court justice Janet Protasiewicz for violating ethics codes by calling the state’s congressional maps “unfair” and “rigged,” a state judiciary disciplinary panel has dismissed those complaints. Republicans drew the congressional map in Wisconsin so fully in favor of their party that in 2018, Democratic candidates for the state assembly won 54% of the popular vote but Republicans “won” 63 of the assembly’s 99 seats, only three seats short of a supermajority that would enable them to override a veto by the Democratic governor.
And finally, U.S. district judge Tim Kelly sentenced former Proud Boys leader Enrique Tarrio today to 22 years in prison. This is the longest sentence handed down for any of the January 6 rioters, though far shorter than the 33 years prosecutors had requested. Kelly also handed down sentences significantly below the guidelines for the crimes Proud Boys leaders committed: Joseph Biggs was sentenced to 17 years; Zachary Rehl, 15 years; and Ethan Nordean, 18 years. Dominic Pezzola, who was found not guilty of seditious conspiracy but guilty of other crimes, received a 10-year sentence.
Tarrio is the last of the gang to be sentenced and was not present at the January 6 attack, underscoring the wide reach of a conspiracy conviction
Mike Miles was imposed on the Houston Independent School District by State Commissioner Mike Morath. Neither Miles nor Morath was ever a teacher. HISD was graded a B district before the state takeover. The takeover was based on spite, on Governor Greg Abbott’s hatred for a district that opposes him.
Miles thinks he is an innovator, but none of his authoritarian mandates has ever succeeded anywhere else. They won’t succeed in Houston because he lacks the single most essential ingredient of leadership: Trust.
He rules by fiat. That may work in dictatorships but not in schools. Fear is not a good long-term motivator. If Miles know anything about research on motivation, he would know that the greatest motivators are intrinsic, such as a sense of mastery and autonomy.
The largest school district in Texas has been in the news a lot lately. You may know the district was issued a state takeover and its superintendent was replaced by Mike Miles, who, notably, has never taught.
You may know that as a part of his “wholescale, systemic reform” he identified 28 underperforming schools and identified them as NES Schools—which stands for New Education System.
You may know a few headlines—the most bizarre being that Miles starred in a musical skit for convocation that’s been scrubbed from the Internet.
Often, the real story isn’t as bad as newspaper headlines make them out to be. That’s not the case with what’s happening in H.I.S.D.
The experiences teachers are sharing are a different story entirely.
Here is what this reform looks like on a classroom level, from teachers currently in H.I.S.D.
Teachers read from a script the first two days of school.
Read right off the page. No get-to-know-yous, no surveys, no relationship-building, no games, nothing. Right into curriculum.
Teachers must keep classroom doors propped open.
However, teachers and parents argue this violates past safety mandates to leave classroom doors shut and locked.
Teachers cannot dim lights.
Even if they leave the windows open, have lamps, etc., the lights must be at full power.
Teachers have constant interruptions from administrators and district “minders.”
APs have to submit a minimum of five teacher observations per day, so this means near-constant interruption.
Administrators evaluate teachers on a checklist that has very little to do with pedagogy.
Teachers don’t know how school leaders will use these observations. This is the actual form (big thanks to Janice Stokes).
[Open the link to see the form.]
My first three reactions:
If teachers are reading from a script created by the district, why are we evaluating them on their instruction being relevant and engaging? Isn’t that on your people, Mike?
MRS stands for Multiple Response Strategies. Pair and share, whip around, etc. These are acceptable checks for understanding, but every four minutes is formulaic and prevents any kind of extended focus or stamina.
I haven’t heard “DOL” since 1992.
Classroom monitors can coach teachers on instruction at any time.
Even with students present. Not insulting at all!
No “weak readers” can read aloud because it models disfluency.
A district employee I spoke to insists it is a “flex space that can have other uses besides discipline.” I said, “Oh, like a library?” She did not respond.
Students may not free-write.
Also, they may not work independently for more than four minutes.
Every four minutes, teachers are required to hold an all-class response to check for understanding. Which is great, until you actually have to read a book, take a standardized test, or focus for more than four minutes.
Every classroom activity must tie directly to instruction.
No classroom celebrations, relationship-building activities, brain breaks, or routines/procedures instruction are permitted.
Teachers received extremely limited training on this model.
The location chosen for training left people sitting on floors and stuck in parking lots for over 45 minutes.
There is no information tying any of these strategies to best practice or research on what’s best for kids.
This authoritarian approach to education is taking a huge toll on school climate and morale. A friend of mine said teachers at her school are breaking down on a daily basis. Even the strongest, most experienced educators—department chairs and leaders with stellar records—feel demoralized and unnerved (and that’s saying a lot after the past few years).
And no, the answer isn’t to “just move,” or switch districts, or quit teaching altogether. First, that response is lazy and reductive, but more importantly doesn’t account for the hundreds of thousands of kids in H.I.S.D. schools forced to learn in environments counterproductive to their wellness and development.
Public school teachers in Texas have known for years that it’s in the best interest of the state to destroy public education and reallocate funding to religious and private schools. Years of slashing budgets, demonizing teachers, lowering standards, letting chaplains offer mental health counseling—don’t tell me that’s a state that holds any kind of value for public education. That’s a state that wants to “prove” public education doesn’t work so it can privatize.
It’s just wild to me that they’re not even hiding it anymore.
School started in the Houston Independent School District, and many teachers were stunned by the extent to which their actions were constrained by a script. The new superintendent Mike Miles has be never been a teacher but he thinks he knows everything about teaching. He laid down strict rules, and teachers must comply without hesitation. Miles is the kind of leader who, if put in charge of a hospital, would tell surgeons how to conduct surgeries. This story appeared in the Houston Chronicle and was written by staff writer Anna Bauman.
As she prepared for the start of a new school year in Houston ISD, a fifth-grade reading teacher stripped much of the colorful personality from her classroom, including motivational posters, student art projects, several bins of books and a social-emotional learning nook with comfy furniture.
She wiped away tears and, earlier this week, started teaching at a school under the New Education System, a wholesale reform model introduced by Superintendent Mike Miles, who was appointed in June by the Texas Education Agency to run the largest school system in Texas.
While parents and students may have noticed few of the changes, educators from a wide swath of schools in HISD say they feel micromanaged and stressed in their first week under new district leaders, who are reportedly enforcing strict guidelines and conducting frequent classroom observations that have sparked frustration, fear and low morale among teachers at both NES and non-NES schools.
“I feel like they are not allowing me to do what’s in the best interest of the children,” said the reading teacher. “Every day I go to work, I’m crying. Every day I leave from work, I’m crying.”
The superintendent, meanwhile, said he has been pleased with what he has seen while collecting a “baseline” at NES schools in the first week.
“I was very impressed with their progress, even in one day, but also their preparation for the beginning of the school year,” Miles said. “Teachers were teaching well, they were following the instructional model, and it was pretty good. It shows that the schools and the teachers have been preparing hard for the first day, second day of school.”
The district is laying the groundwork for a pay-for-performance evaluation system geared toward measuring the quality of a teacher’s instruction, although a Harris County judge has temporarily blocked HISD from implementing the system.
“The high-quality instruction, there’s a clear rubric for that, there’s a clear spot observation form, because we have to train teachers,” Miles said. “We can’t just do what we’ve always done, which is go into a classroom every three weeks or three months and think we’re going to see something that is effective teaching, and just rely on, ‘Oh, I’ll know it when I see it.’”
This year, all principals will be evaluated under a new system that requires them to give instructional feedback and spend significant time coaching teachers in classrooms. Principals will be graded in part based on the quality of instruction at their school. Meanwhile, teachers will also be measured with a new evaluation system this year, although those who do not work in the schools targeted for reform may ask for a waiver.
District leaders trained teachers in recent weeks on the evaluation system and new classroom expectations. For example, one slideshow presented during teacher training listed some “common practices that we want to generally avoid,” including stream of consciousness writing, rooms with dim lighting and worksheets that are not purposeful. The training materials also discouraged teachers from showing entire films, letting kids “earn” free time and allowing “poor readers” to read aloud during class.
The slideshow instructed teachers to post a “lesson objective” on the board before the start of each class, avoid wasting time on transitions between activities, teach “bell to bell,” teach grade-level content to “every student every day” and use a timer to guide pacing of the lesson. Teachers should use a “multiple response strategy,” an activity that engages and checks the understanding of all students, every four minutes, according to a sample spot observation form.
On the first day, teachers said they were expected to skip introductions and get-to-know-you games, instead jumping right away into instructional material.
“I don’t even know who my kids are because we haven’t been able to get to know them,” said the fifth-grade reading teacher. “They still call me ‘teacher’ because they can’t remember my name.”
She has struggled to stay on pace with the timed lessons and was scolded for bringing in additional materials to help students, many of whom are Spanish speakers who cannot read on grade level. When she raised concerns about the fast pace, a district official told a campus administrator that the teacher was “moving too slow.”
“We’re not allowed to give them work on a level they understand. Most of the time, they sit there confused,” the teacher said. “I’ve had students crying since day two, saying they’re overwhelmed.”
Meanwhile, Jessica Waligorski, a special education support teacher at Isaacs Elementary School, said she appreciates the rigor, high expectations and organization of the NES model. Administrators are supportive and easily accessible at her NES campus, she said. Teachers lift each other up when doubts creep in and students have taken to the new model “like sponges,” she said.
“Everyone is holding each other to a standard and we’re not wavering,” she said. “We have set the tone, we have set expectations, we have set goals … and our kids have been engaged, learning. They don’t have a minute to misbehave because there’s so many things they’re learning.”
Miles has said there is no directive from the district mandating that teachers at non-NES schools teach with a specific curriculum or follow a certain instructional model. In reality, however, many of the new rules and expectations seem forced on campuses across the district, including high-performing schools that do not fall under NES.
Some of the rules seem to have been taken to an extreme. One teacher said she asked for an accommodation to use lamps instead of florescent lights in her classroom due to a serious medical condition. District officials denied her request and suggested another option: Wear sunglasses.
The teacher has already started getting headaches from the bright lights.
“I have all my lights on,” she said. “I’m trying to get through the day.”
In addition to turning on lights, the teacher, who works at a non-NES middle school, has made several other changes this year, including removing bean bag chairs from her classroom, keeping the classroom door open and following the new instructional techniques outlined on the evaluation rubric.
District staff have been observing classrooms almost every day this week, she said. The teacher said she was nervous to sit down while taking attendance or interrupt a lesson to tell a funny story during class.
“We all feel afraid to step out of line,” she said.
One teacher at a non-NES campus said she was observed by appraisers three times on Monday, creating a climate of fear and nerves even at a top-ranked campus. She loves having visitors in her classroom — “I’m a really good teacher and I’m proud of what I do” — but it feels different when “someone’s sitting there, ticking boxes,” especially on the first day of class.
“People are having trouble sleeping because they’re on edge,” she said. “It’s the constant anxiety that we’re going to be caught and that we’re going to be dinged. … I think you’re going to see a mass exodus of teachers at the end of this year, if this continues.”
One teacher at a different non-NES campus said he and other educators were chastised for spending the first day on introductions, logistics and relationship building with students rather than teaching content.
The teacher stayed three hours late that night to adjust his lesson plans for the second day, and his principal checked in first thing the next morning to make sure that he was prepared to teach a full-blown lesson, as expected by the appraiser in his classroom.
The new expectations and frequent classroom observations from district administrators this week has created a sense of frustration and anxiety on campus, according to the teacher, who said he was ready to quit even though he feels “called” to the profession.
“There’s no grace, there’s no empathy, there’s no treating people as people,” he said. “We are not encouraged to move forward — we’re pushed off the cliff and told to fly. And if you don’t fly, you fail.”
Many of the teachers at his top-rated campus have decades of experience, he said.
“I work at a really special school. … We should not be the target,” he said. “We were hoping that we’d be so far under the radar that we’d be left alone, but that’s not the case.”
With only one exception, I have never before posted two articles by the same person on one day. The exception occurred several years back, when I discovered the brilliant teacher-blogger Peter Greene and devoted an entire day to his insightful, humorous writings. Heather Cox Richardson stands alone as a historian who posts a timely commentary almost every day. Consider subscribing to her blog. You will be glad you did.
Heather Cox Richardson wrote this post to recognize the historical roots that link contrasting visions of slavery and labor. We live in a society now that has no slavery yet has crippled organized labor and tolerates horrible working conditions. Some states, notably Arkansas and Iowa, have weakened child labor laws, so young teens are permitted to toil in dangerous jobs. Parental rights, you know. Texas legislators recently declined to pass a law requiring employers to provide 15 minutes for water breaks for employees working outdoors in a historic heat wave.
On March 4, 1858, South Carolina senator James Henry Hammond rose to his feet to explain to the Senate how society worked. “In all social systems,” he said, “there must be a class to do the menial duties, to perform the drudgery of life.” That class, he said, needed little intellect and little skill, but it should be strong, docile, and loyal.
“Such a class you must have, or you would not have that other class which leads progress, civilization and refinement,” Hammond said. His workers were the “mud-sill” on which society rested, the same way that a stately house rested on wooden sills driven into the mud.
He told his northern colleagues that the South had perfected this system by enslavement based on race, while northerners pretended that they had abolished slavery. “Aye, the name, but not the thing,” he said. “[Y]our whole hireling class of manual laborers and ‘operatives,’ as you call them, are essentially slaves.”
While southern leaders had made sure to keep their enslaved people from political power, Hammond said, he warned that northerners had made the terrible mistake of giving their “slaves” the vote. As the majority, they could, if they only realized it, control society. Then “where would you be?” he asked. “Your society would be reconstructed, your government overthrown, your property divided, not…with arms…but by the quiet process of the ballot-box.”
He warned that it was only a matter of time before workers took over northern cities and began slaughtering men of property.
Hammond’s vision was of a world divided between the haves and the have-nots, where men of means commandeered the production of workers and justified that theft with the argument that such a concentration of wealth would allow superior men to move society forward. It was a vision that spoke for the South’s wealthy planter class—enslavers who held more than 50 of their Black neighbors in bondage and made up about 1% of the population—but such a vision didn’t even speak for the majority of white southerners, most of whom were much poorer than such a vision suggested.
And it certainly didn’t speak for northerners, to whom Hammond’s vision of a society divided between dim drudges and the rich and powerful was both troubling and deeply insulting.
On September 30, 1859, at the Wisconsin State Agricultural Fair, rising politician Abraham Lincoln answered Hammond’s vision of a society dominated by a few wealthy men. While the South Carolina enslaver argued that labor depended on capital to spur men to work, either by hiring them or enslaving them, Lincoln said there was an entirely different way to see the world.
Representing an economy in which most people worked directly on the land or water to pull wheat into wagons and fish into barrels, Lincoln believed that “[l]abor is prior to, and independent of, capital; that, in fact, capital is the fruit of labor, and could never have existed if labor had not first existed—that labor can exist without capital, but that capital could never have existed without labor. Hence they hold that labor is the superior—greatly the superior of capital.”
A man who had, himself, worked his way up from poverty to prominence (while Hammond had married into money), Lincoln went on: “[T]he opponents of the ‘mud-sill’ theory insist that there is not…any such things as the free hired laborer being fixed to that condition for life.”
And then Lincoln articulated what would become the ideology of the fledgling Republican Party:
“The prudent, penniless beginner in the world, labors for wages awhile, saves a surplus with which to buy tools or land, for himself; then labors on his own account for another while, and at length hires another new beginner to help him. This, say its advocates, is free labor—the just and generous, and prosperous system, which opens the way for all—gives hope to all, and energy and progress, and improvement of condition to all.”
In such a worldview, everyone shared a harmony of interest. What was good for the individual worker was, ultimately, good for everyone. There was no conflict between labor and capital; capital was simply “pre-exerted labor.” Except for a few unproductive financiers and those who wasted their wealth on luxuries, everyone was part of the same harmonious system.
The protection of property was crucial to this system, but so was opposition to great accumulations of wealth. Levelers who wanted to confiscate property would upset this harmony, as Hammond warned, but so would rich men who sought to monopolize land, money, or the means of production. If a few people took over most of a country’s money or resources, rising laborers would be forced to work for them forever or, at best, would have to pay exorbitant prices for the land or equipment they needed to become independent.
A lot of water has gone under the bridge since Lincoln’s day, but on this Labor Day weekend, it strikes me that the worldviews of men like Hammond and Lincoln are still fundamental to our society: Should our government protect people of property as they exploit the majority so they can accumulate wealth and move society forward as they wish? Or should we protect the right of ordinary Americans to build their own lives, making sure that no one can monopolize the country’s money and resources, with the expectation that their efforts will build society from the ground up?
Mike Miles doesn’t think children need recess. As a military man, he thinks recess is a waste of time. But he backed down to parent pressure to allow recess. Great to have an authoritarian superintent who makes all decisions (not). Satisfying to see that at least once, he listened to parents.
Houston ISD Superintendent Mike Miles announced on Tuesday that he is changing the recess schedule at schools under the New Education System to allow for more unstructured play time for kids in response to a push from parents.
All students in pre-K through fifth grade classrooms in the 85 NES and NES-aligned schools will now have a single 30-minute recess period each day, according to the district, an increase compared to a former schedule that included two shorter breaks for the lower grades and no recess in fifth grade.
“Teachers shared that they believe these modifications will limit lost learning time and maximize high-quality instruction, and we’ve heard from many families that they value unstructured free play time for their students,” Miles said in a statement. “We were able to make these changes without sacrificing high-quality instruction time and we believe this will enhance the environment in our schools and support student achievement.”
The change marks a big win for an HISD parent advocacy group called Free Play Houston, whose members have written letters, met with administrators and orchestrated an email campaign in recent weeks in an effort to push for more recess time for NES students, pointing out that shortening recess time may stand in violation of state law and HISD board policies.
“We are overjoyed that a child’s right to play will be respected and valued this school year,” the organization said in a statement on Tuesday, thanking those who emailed HISD leadership about the issue. “Houstonians have long known that all children need an unstructured play time during their school day. Decades of research shows that recess not only promotes social and emotional skills that become fundamental learning tools, but that recess also benefits students by improving their memory, attention, and concentration.”
Before these changes, the latest version of the NES master schedule allowed for one 15-minute recess in the morning and one 15-minute break in the afternoon for kindergarden through fourth grade students, with no additional time built in for getting students to and from the playground, according to Brooke Longoria, co-founder of Free Play Houston and an HISD parent.
Additionally, the former schedule included no recess for fifth grade students, with district administrators saying their physical movement needs would be met through Dyad programming like martial arts, dance and spin bikes, along with PE class.
