For the past quarter-century, American policymakers have been laser-focused on raising test scores. They assumed that higher test scores equals better education equals better economy. The cost of all this testing was billions of dollars, which would have been better spent on reducing class sizes, raising teachers’ salaries, and updating schools.

From No Child Left Behind to Race to the Top to the Every Student Succeeds Act of 2015, federal policy has made standardized test scores the most consequential measure of all schooling. Every release of scores by the National Assessment of Educational Progress produces a flurry of articles with dire predictions about the future (“a Sputnik Moment!) or the discovery of a miracle (e.g. the Texas/Florida/Mississippi 4th grade reading miracle, which strangely disappears by the 8th grade).

But an occasional outbreak of wisdom cautions us that we are looking for “success” in the wrong place.

Paul Bonner is a retired educator. He posted the following comment on the blog.

My first personal encounter with NAEP was around 2005. I was an eighth grade assistant principal facilitating the process between my staff and the NAEP testing officials who were to give the test. As I monitored the hall during the testing of selected random students, it struck me how disinterested our students were in performing on the assessment. My school at the time was a high performing magnet program with a highly motivated student body. I assumed, incorrectly, that due to the competitive attitudes of our students that they would want to perform well, as I had with standardized assessments in the 1970s no matter what it meant concerning my academic standing. What I learned in this first encounter was that students were already fed up with standardized tests particularly if it had no bearing on their academic standing. These students made a habit of blowing away all of the state tests and for them NAEP was a waste of time. The idea of NAEP as a report card might be significant if students were not already wasting three weeks of their year with state and district tests. In other words, no student benefit so why bother. How does this give us an accurate read on student capacity? Second, none of the standardized assessments, international, national, state, or local have shown meaningful movement in student performance over the decades. A few points either way does not reveal any real change in instructional efficacy or evidence of greater learning opportunities for students no matter their circumstances. The realities remain the same. Students prepared for schooling or provided significant instructional and experiential resources perform well. Those who do not have such privilege do not. Policy makers and educational leaders are simply fooling themselves when denying that fact. Maslow’s Hierarchy of Needs is telling in this regard. Piddling about a few point improvement in a NAEP test for fourth graders isn’t going to change the fact that Mississippi and other poor states provide far less opportunity for their students and poorer outcomes than wealthier states wiling to put more resources in the classroom. Testing has become a waste of time and money that could be better used elsewhere.

Robert Hubbell wrote about two women who refused to be intimidated by the MAGA cult: Ruby Freeman and her daughter Shaye Moss. Despite death threats and harassments, they stood their ground. Guiliani will appeal the verdict.

He writes:

Jury Awards Ruby Freemen and Shaye Moss $148 million in damages against Rudy Giuliani for defamation.

The damages award of $148 million against Rudy Giuliani encapsulates the madness, frustration, and perseverance that define the lives of millions of activists during the American era of The Big Lie. It is tempting to characterize Giuliani’s defamation of Ruby Freeman and Shaye Moss and their hard-won victory as a metaphor for Trump’s political arc over the last seven years.

But what happened to Freeman and Moss is not a metaphor. It is the cold, hard reality that slaps each of us in the face every day as we are assaulted by lies heaped upon lies. Not everyone is a direct victim of the lies like Freeman and Moss, but we are all victims, nonetheless.

The point of the lies is not (only) to injure Trump’s enemies, it is to erode trust in the system until there are no guardrails left—hoping to create chaos in which the most depraved believe they have an advantage over those still ruled by conscience, decency, and fealty to the rule of law.

Trump and his enablers tell outlandish lies because they know that media outlets will dutifully repeat the lies in headlines and news alerts, reserving tepid skepticism for paragraphs buried deep in their coverage. 

Direct victims like Freeman and Moss are viewed as expendable collateral damage. Their names and addresses are shared in dark corners of the web so Trump’s followers can make threats even he dares not voice (in public).

The full weight of Trump’s malevolent organization was directed at Freeman and Moss. But they did not buckle. Two women who were motivated to help fellow Georgians vote in a free and fair election stood their ground. 

Their reputations were smeared by the sitting President of the United States, the Georgia legislature, Fox News, One America Network, Steve Bannon, Rudy Giuliani, and millions of users on Twitter, Facebook, and other social media platforms. 

A preacher and a rap star’s publicist teamed up to urge them to falsely confess to non-existent crimes—saying it was the only way to stop the ugly death threats. The FBI’s unhelpful response was to advise them to “Move out of your homes.”Despite tens of thousands of vile threats, no one was arrested, investigated, charged with crimes, or sued for defamation.

At least not at first.

But the guardrails held. Because Ruby Freeman and Shaye Moss stood their ground. 

Because they stood their ground, Democrats on the January 6 Committee allowed them to tell their story to the nation.

Because they stood their ground, the rap star’s publicist and the preacher were indicted in Fulton County, Georgia for “solicitation of false statements and influencing witnesses.

Because they stood their ground, the former president was indicted for lying about the 2020 election. The indictment specifically alleged that the former president was responsible for the campaign to smear Freeman and Moss—lies that were part of his conspiracy to defraud the United States. (See indictment, ¶ 26.)

Then, Freeman and Moss sued Rudy Giuliani for defamation. He did his best to derail and delegitimize the civil claim for damages. But he failed. The guardrails held. All because Ruby Freeman and Shaye Moss stood their ground.

Two women who wanted to help people vote in Georgia stood their ground against fancy lawyers and paid liars, a depraved president and corrupt legislators, and a news ecosystem determined to sell as much soap for as long as possible by repeating the baseless claims about Freeman and Moss.

Two women who stood their ground. That is all it took for the guardrails to hold.

It was not easy. Their stance took courage and faith. They suffered mightily. But they persevered. They are heroes of American democracy.

There can be nothing more hopeful than their example—and their victory—to remind us of the power within each of us to maintain the guardrails of democracy. Those who sow chaos in the hope that the most depraved among us will win by brute force are wrong.

People are drawn to those who promote conscience, decency, and fealty to the rule of law—especially during times of turbulence and distress.

Ruby Freeman and Shaye Moss prevailed over Giuliani (and Trump) the moment they reported for work on November 3, 2020—because they joined tens of thousands of other Americans in becoming the guardrails of democracy that ensured a free and fair election.


Concluding Thoughts.

Every American who is taking action to defend democracy is like Ruby Freeman and Shaye Moss. The work may not seem glamorous. But counting ballots in Georgia on November 3, 2020, was tedious work—until it became a nation-defining moment that tipped the balance of a contested election.

We will never know which letter, text, door knock, or donation will become a tipping point. But some of them surely will. Indeed, because a tipping point always sits atop every action that preceded it, every letter, text, door knock, or donation contributes to the tipping point. Like Ruby Freeman and Shaye Moss, you are part of the guardrails of democracy.


S

Retired teacher Nancy Bailey has a way of putting school issues into perspective. In this post, she explains what recess is, why it’s important, what it is not, and why parents should beware of the programmed substitutes that are offered up instead of real recess. The war against play began with the Reagan-era report “A Nation at Risk,” then went into high gear with the passage of George W. Bush’s “No Child Left Behind” law and was reinforced by NCLB’s wicked stepchildren: Race to the Top and the Every Student Succeeds Act. What everything since 2001 stressed was the importance of test scores, not children’s health and well-being. Play in the era from 2001-2023 was a waste of time that would be better spent practicing for the next test.

Bailey wrote:

The lack of breaks for children and the misrepresentation of what constitutes recess continues to flourish.

School reformers try unsuccessfully to replace recess. But recess is not Playworks, Phys.Ed., meditation, or Brain Breaks controlled by adults who tell children what to do, denying them the ability to learn academic and social skills that recess provides when children are free to learn.

Recess is unstructured play. It’s supervised (supervision is critical) but not controlled by adults. It’s one of the easiest and inexpensive ways to help children flourish in school, and studies have highlighted its importance.

Removing recess from the school day involved one of the terrible school reforms in the ’90s connected to high-stakes standardized tests, with the bizarre belief (see A Nation at Risk) that children need more classwork without breaks.

After a while, adults realized the severe health problems that could arise if children don’t have breaks. Still, now they focus on physical activity and need to understand the significance of the critical social interactions children learn during recess.

In some places like Florida, parents have had to fight for a recess mandate, where they are always at risk of losing even 20 minutes of recess. Fortunately, the legislature allowed 20 minutes for now!

Recess involves unstructured play. As Mr. Rogers said, Play is often talked about as if it were a relief from serious learning. But for children, play is serious learning. Play is the work of childhood.

Conflict resolution and working out difficulties are critical parts of recess and another critical variable involving what children learn with unstructured play.

Playworks

The Pulse’s reporter Grant Hill, a Philadelphia NPR/PBS station, recently reviewed recess and its role in conflict resolution, especially after COVID-19. In Getting Better at Resolving Conflict, the recess discussions are at the end, and Hill covers recess’s importance. I get a short spot criticizing Playworks. The CEO misinterprets what recess involves and seems not to understand the impact of controlling what children do. This is not actual recess.

Playworks is a nonprofit run by volunteers from Americorps. It cashes in with donations from various outside corporations, people who likely confuse actual recess with an organized version of what is like Phys. Ed.

If charitable organizations were looking to assist with play and actual recess, they’d seek out poor schools with lousy playgrounds and fund those or find a way to offer children actual recess.

It’s also insulting to hear volunteers in a nonprofit getting donations and tax dollars say one of their purposes is to show teachers the importance of play. If Americorps volunteers want to work with children, they might consider becoming teachers.

Playworks is not alone in skewing the meaning of recess. Recess has been replaced with other inadequate substitutes like Phys. Ed., meditation, and Brain Breaks. Some classes have children sitting on bouncy balls, thinking that nonstop balancing keeps them on their toes!

Please open the link to learn about other efforts to supplant recess.

Writing in the Washington Spectator, veteran voucher researcher Josh Cowen reports that 2023 was a good year for some very bad ideas, many supported by prominent rightwingers and Dark Money, whose sources are hidden.

He finds it unsurprising that the voucher movement works closely with book banners and efforts to humiliate LGBT youth.

Cowen is a professor of education policy at Michigan State University who has studied vouchers since 2005.

He writes:

Over the past 12 months, the decades-long push to divert tax dollars toward religious education has reached new heights. As proclaimed by EdChoice—the advocacy group devoted to school vouchers—2023 has been the year these schemes reached “escape velocity.” In strictly legislative terms, seven states passed new voucher systems, and ten more expanded existing versions. Eleven states now run universal vouchers, which have no meaningful income or other restrictions.

But these numbers change quickly. As late as the last week of November, the Republican governor of Tennessee announced plans to create just such a universal voucher system.

To wit: successful new voucher and related legislation has come almost exclusively in states won by Donald Trump in 2020. And even that Right-ward bent required substantial investment—notably by heiress and former U.S. Education Secretary Betsy DeVos and the Koch network—in state legislative campaigns to oust voucher opponents. Instructively, many of those opponents were often GOP legislators representing rural districts with few private schools to benefit.

As a scholar who has studied voucher systems—including through research funded by conservative organizations—I have been watching these developments with growing concern. It can all be difficult to make sense of, so let’s walk through it.

Vouchers Hurt Kids, Defund Public Schools and Prop-Up Church Budgets

First, why are these new voucher schemes such bad public policy? To understand the answer, it’s important to know that the typical voucher-accepting school is a far cry from the kind of elite private academy you might find in a coastal city or wealthy suburban outpost. Instead, they’re usually sub-prime providers, akin to predatory lenders in the mortgage sector. These schools are either pop-ups opening to cash in on the new taxpayer subsidy, or financially distressed existing schools desperate for a bailout to stay open. Both types of financially insecure schools often close anyway, creating turnover for children who were once enrolled.

And the voucher results reflect that educational vulnerability: in terms of academic impacts, vouchers have some of the worst results in the history of education research—on par or worse than what COVID-19 did to test scores.

Those results are bad enough, but the real issue today is that they come at a cost of funding traditional public schools. As voucher systems expand, they cannibalize states’ ability to pay for their public education commitments. Arizona, which passed universal vouchers in 2022, is nearing a genuine budget crisis as a result of voucher over-spending. Six of the last seven states to pass vouchers have had to slow spending on public schools relative to investments made by non-voucher states.

That’s because most new voucher users were never in the public schools—they are new financial obligations for states. The vast majority of new voucher beneficiaries have been students who were already in private school beforehand. And for many rural students who live far from the nearest private school, vouchers are unrealistic in the first place, meaning that when states cut spending on public education, they weaken the only educational lifeline available to poorer and more remote communities in some places. That’s why even many GOP legislators representing rural districts—conservative in every other way—continue to fight against vouchers.

Vouchers do, however, benefit churches and church schools. Right-wing advocacy groups have been busy mobilizing Catholic school and other religious school parents to save their schools with new voucher funding. In new voucher states, conservatives are openly advocating for churches to startup taxpayer-funded schools. That’s why vouchers eventually become a key source of revenue for those churches, often replacing the need to rely on private donations. It’s also why many existing religious schools raise tuition almost immediately after vouchers pass.

The Right-Wing War on Public Schools

Victories for these voucher bills is nothing short of an ascendent Right-wing war on public education. And the link to religious nationalism energizes much of that attack.

Voucher bills have dovetailed almost perfectly with new victories for other priorities of the Religious Right. Alongside vouchers, anti-LGBTQ+ legislation has also increased: 508 new bills in 2023 alone, according to the American Civil Liberties Union. As has a jump in legislation restricting book access in schools and libraries, with more than half of those bans targeting books on topics related to race and racism, or containing at least one LGBTQ+ character.

It is also important to note the longstanding antipathy that Betsy DeVos, the Koch Network, and other long-term voucher backers have toward organized labor—including and especially in this case, teachers’ unions. And that in two states that passed vouchers this year—Iowa and Arkansas—the governors also signed new rollbacks to child labor protections at almost the exact same time as well.

To close the 2022 judicial session, the Supreme Court issued its latest expansion of voucher jurisprudence in Carson v. Makin, holding that states with private school voucher programs may not exclude religious providers from applying tax dollars specifically to religious education. That ruling came just 72 hours before the Court’s decision in Dobbs v. Jackson removed reproductive rights from federal constitutional protections.

To hear backers of vouchers, book bans, and policies targeting transgender students in school bathrooms tell it, such efforts represent a new movement toward so-called “parents’ rights” or “education freedom,” as Betsy DeVos describes in her 2022 memoir. But in truth this latest push was a long time coming. DeVos is only one part of the vast network of Right-wing donors, activists, and organizations devoted to conservative political activism.

That network, called the Council for National Policy, includes representatives from the Heritage Foundation, the influential Right-wing policy outfit; multiple organizations funded by Charles Koch; the Leadership Institute, which trains young conservative activists; and a number of state policy advocacy groups funded by a conservative philanthropy called the Lynde and Harry Bradley Foundation.

It was the Bradley Foundation that seeded much of the legal work in the 1990s defending early voucher programs in state and federal courts. Bradley helped to fund the Institute for Justice, a legal group co-founded by a former Clarence Thomas staffer named Clint Bolick after a personal donation from Charles Koch. The lead trial attorney for that work was none other than Kenneth Starr, who was at the time also in the middle of his infamous pursuit of President Bill Clinton.

In late 2023, the Institute for Justice and the voucher-group EdChoice announced a new formal venture, but that partnership is just a spin on an older collaboration, with the Bradley Foundation as the tie that binds. EdChoice itself, when it was called the Milton and Rose D. Friedman Foundation, helped fund the data analysis cited by Institute lawyers at no less than the Supreme Court ahead of its first decision approving vouchers in Zelman v. Simmons-Harris (2002).

From these vantage points, 2023 was a long time coming indeed.

And heading into 2024, the voucher push and its companion “parents’ rights” bills on schoolbooks and school bathrooms show no sign of weakening.

Prior to his political career, the new Speaker of the U.S. House of Representatives, Mike Johnson, was an attorney with the Alliance Defending Freedom. That group, which itself has deep ties to Betsy DeVos’s family, has led the legal charge to rollback LBGTQ+ equality initiatives. It was also involved “from the beginning,” as its website crows, in the anti-abortion effort that culminated with Dobbs.

The Heritage Foundation has created a platform called Project 2025, which serves as something of a clearinghouse for what would be the legal framework and policy agenda for a second Trump Administration. Among the advisors and funders of Project 2025 are several organizations linked to Charles Koch, Betsy DeVos, and others with ties to the Council for National Policy. The Project’s education agenda includes dismantling the U.S. Department of Education—especially its oversight authority on anti-discrimination issues—and jumpstarting federal support for voucher programs.

A dark money group called The Concord Fund has launched an entity called Free to Learn, ostensibly organized around opposition to the teaching of critical race theory in public schools. In reality, these are active players in Republican campaign attacks around a variety of education-related culture war issues. The Concord Fund is closely tied to Leonard Leo, the Federalist Society chief, Council of National Policy member, and architect of the Roe takedown. Through the Leo connection, the Concord Fund was also instrumental in confirming Donald Trump’s judicial nominations from Brett Kavanaugh on downward.

And so while the 2023 “parents’ rights” success has been largely a feature of red state legislatures, the 2022 Carson ruling and the nexus between Leonard Leo, the Alliance Defending Freedom, and the Institute for Justice itself underscore the importance of the federal judiciary to Right-wing education activism.

Long-term, the goal insofar as school privatization is concerned appears to be nothing short of a Supreme Court ruling that tax-subsidized school vouchers and homeschool options are mandatory in every state that uses public funding (as all do) to support education. The logic would be, as Betsy DeVos herself previewed before leaving office, that public spending on public schools without a religious option is a violation of Free Exercise protections.

Such a ruling, in other words, would complete the destruction of a wall between church and state when it comes to voucher jurisprudence. Earlier Court decisions have found that states may spend tax dollars on school vouchers but, as the Right’s ultimate goal, the Supreme Court would determine that states must.

Closer on the horizon, we can expect to see each of these Right-wing groups acting with new energy as the 2024 campaign season heats up. The president of the Heritage Foundation—himself yet another member of the Council for National Policy—has recently taken over the think tank’s political arm, called Heritage Action. At the start of the year, investigative reporting linked Heritage Action to earlier voter suppression initiatives, signaling potential tactics ahead.

And the money is going to flow—they have all said as much. After Heritage’s merger of its policy and political arms, Betsy DeVos’s American Federation for Children followed suit by creating the AFC Victory Fund—a new group to spearhead its own campaign activity.

Their plan includes a $10 million base commitment to ramp up heading into 2024. “Coming off our best election cycle ever,” AFC’s announcement declared, “the tectonic plates have shifted decisively in favor of educational freedom, and we’re just getting started.” And, they warned:

“If you’re a candidate or lawmaker who opposes school choice and freedom in education – you’re a target.”

In that threat lies the reality of the latest voucher push, and of this moment of so-called parents’ rights. None of this is a grassroots uprising. “Education freedom” is a top-down, big-money operation, tied to every other political priority of religious nationalism today.

But coming at the end of this past year’s legislative successes, AFC’s warnings are also a very clear statement of what is yet to come. The push to privatize American education is only just getting started.

Vouchers have turned into a campaign to subsidize the tuition of affluent parents while cutting the funding of public schools. This does not augur well for the health and future of our nation.

An anonymous tipster called the superintendent of Broward County schools in Florida and told him that a trans girl (born male) was playing on the Monarch High School girls’ volleyball team. The superintendent suspended the principal and assistant principal of the high school, as well as the student’s mother (who worked in information technology), and members of the athletic staff—five in all.

The student has identified as female since second grade. As punishment for allowing her to play on the girls’ volleyball team, in defiance of state law, the Florida High School Athletic Association fined the school $16,500, ordered the principal and athletic director to attend rules seminars and placed the high school on probation for 11 months; further violations could lead to increased punishments. In addition, the association barred the girl from participating in boys sports for 11 months. It’s easy to predict that she will not play on the boys’ team.

The students at Monarch High School have walked out twice to protest the loss of their principal, who was well-liked and accessible.

What a frenzy because one student played on the girls’ volleyball team and was not an unusually strong player. Governor DeSantis and Commissioner Diaz succeeded in humiliating this one child. What brave men they are!

The following story by Brittany Walkman appeared in The Miami Herald.

When Daisy was 10, she stood in front of a microphone in a green dress, her long hair pulled back in a purple headband.

“Living in Broward County has given me the sense of safety,” she said to the Broward County School Board members, who were honoring LGBTQ History Month, “knowing that the school board has my back.”

Daisy, a transgender girl, seemed to be growing up in an era of unprecedented acceptance.

That was 2017, two years before Gov. Ron DeSantis would take office. In a short time, she crossed a cultural chasm.

Schools in Florida — and even Broward, the most Democrat-leaning county in the state — have been remodeled under DeSantis and the Republican-led Legislature.

In the years Daisy aged into her teens, taking estrogen to affirm her identity as a girl, Florida’s schools became a cultural battleground, with legislative spears lobbed at the books students read, the classes they take, the history they learn, the topics they discuss in classrooms, the bathrooms students like Daisy use, the gender-affirming healthcare they receive, and the team sports they compete in.

Though transgender people are a small fraction of the population – an estimated 0.8 percent, according to the U.S. Census, and 2.3 percent of Broward’s student body — they’re an outsized target, much to the disappointment of LGBTQ advocates.

“These attacks have not come from real issues,” said Nic Zantop, deputy director of Transinclusive Group, a South Florida service and advocacy organization. “These are manufactured issues.”

Daisy’s presence the past two years on a girls’ volleyball team at Monarch High School in Coconut Creek now threatens the jobs of her mother, information management systems employee Jessica Norton; and four others at her school, including Principal James Cecil.

They’re under investigation by the school district for potentially violating a state law prohibiting a person born with male anatomy from playing on female sports teams.

When Daisy’s family sued Florida over the law two years ago, it drew little attention — in stark contrast to last week’s events, when her plight exploded across national headlines.

Even the Democrats on the Broward school board — known for embracing LGBTQ causes — remained silent about her last week. Only her classmates offered support, staging two days of walkouts.

“It was very heartwarming to see that the generation that follows us understands acceptance, inclusiveness and diversity,” said Michael Rajner, a longtime LGBTQ activist who serves as chair of the Broward County Human Rights Board. “I can’t tell you how proud these students make me.”

Daisy’s family declined to be interviewed for this story.

Jessica Norton identified herself publicly on Monday as the athlete’s mother. The Miami Herald is using a pseudonym for the student to protect her identity.

‘I’M A GIRL’

When she learned to talk, Daisy gave voice to it. “Mommy, I’m a girl.”

The Nortons weren’t sure what to think, Jennifer Norton recounted in a social media post in 2017, when she was honored with a diversity award.

“What started out as us thinking we had a gay son turned into something much more,” Norton wrote.

When it came time to find a pre-school, Norton said “we chose the school that made the least comments about the pink sparkly flip flops that I let her wear.”

Daisy adopted a feminine name, and started using it in second grade. That year, she played soccer on the girls’ team.

A doctor diagnosed her with gender dysphoria, an internal dissonance between one’s biological sex and gender identity.

Daisy played girls’ sports for years, the lawsuit says, and her social life revolved around it: basketball, softball, soccer and — fatefully — high school volleyball.

Her family — parents Jessica and Gary, a brother and a sister — embraced her as a girl.

In one family photo posted on social media, her older sister wears a shirt that proclaims, “My sister has a penis. Get over it.”

Another shows family members celebrating Pride Month at Walt Disney World, wearing clothing with rainbows. Norton added the hashtags #ProudMom #ProudDad #TransIsBeautiful.

Norton joined the PTA to make sure her daughter wasn’t bullied. She was looking forward to Monarch High.

“I recently was hired at the high school she will eventually attend and will be working with the teachers and staff to bring awareness to the school about transgender students and their rights,” she wrote when she was honored as a transgender advocate.

Daisy registered at school as a girl, with a birth certificate to prove it. (Florida allows birth certificates to be amended.) She used the girls’ restrooms, girls’ locker and changing rooms, all without incident, court filings say.

She’d avoided male puberty by taking testosterone blockers starting at age 11 — a gender affirming care that included later putting her on estrogen, the female hormone, for life, her parents’ lawsuit said in court pleadings.

She delighted in dressing up each Halloween in elaborate Katy Perry outfits, and finally came face to face with the pop star at a concert one year.

“She is not a boy,” her lawyers wrote.

IN BLACK AND WHITE

Daisy might have avoided the turmoil that upended her life if Broward school leaders had paid attention to what she was telling them in court.

Her family sued the school district, governor and state Board of Education, among others, in the summer of 2021, when she was still in middle school.

They knew the law was about to take effect, and said Daisy planned to play soccer on the girls’ team in middle school. She also dreamed of playing high school volleyball, her lawyers wrote in lawsuit pleadings.

They thought the new law violated her civil rights. In March of this year, when Daisy was a freshman, her lawyers put it clearly: “Throughout this litigation, Plaintiff has played on a girls’ team with the threat of enforcement hanging over her head, day in and day out.”

Nevertheless, Daisy’s participation in several years of girls’ sports passed without consequence.

Until last week.

Just after a federal judge dismissed the Norton lawsuit — leaving open the possibility for it to be amended — someone tipped off Broward schools Superintendent Peter Licata on Nov. 20 that Daisy had broken the state law. Licata has not identified the tipster.

The state Department of Education said it ordered the district to “take immediate action.”

Florida Sen. Rosalind Osgood, a Democrat who sat on the Broward school board, blamed the vagueness of the state’s Fairness in Women’s Sports Act for what happened at Monarch.

“Many education laws are made that are not executable and create implementation disasters,” she said.

Zantop said because the laws are nuanced, “in many places, we’ve seen maybe even over-compliance, going beyond what laws require. … I would like to see all our school officials pushing back, sticking up for their students.”

Broward schools spokesman John Sullivan said Licata, selected for the job in July, was unaware of the lawsuit, and it had no bearing on his actions. He hadn’t known Daisy had played girls’ volleyball there until he was notified in November, Sullivan said.

Others at the school district — Norton, for example — did know. The school district’s investigation, Sullivan said, will uncover “who knew what, when.”

COMPLICATED ISSUE

In the court of public opinion, the quandary of transgender athletes transcends political leanings.

A majority of Americans believe athletes should be required to play on the team that corresponds to their birth gender, according to recent polls by the Pew Research Center and Gallup,

The federal government’s approach, under Democratic President Joe Biden, would disallow one-size-fits-all bans in public schools like Florida’s.

But it would allow male-to-female transgender youth like Daisy to be prohibited from playing on girls’ teams in some circumstances, particularly competitive high school or college teams.

Schools would be required to minimize harm to the student. The proposal is still being studied. Florida opposes it.

Nearly half the states in America filed a friend-of-the-court brief in the Norton lawsuit, on the Florida Board of Education’s side.

So did a Christian group and a sports advocate who opposes transgender female participation. The Christian Family Coalition, a non profit that said it lobbied heavily for passage of Florida’s law, argued that “persons born biologically as males have intrinsic and irreversible biological and physical advantages over persons born biologically as females in terms of skeletal mass, muscle mass, and lung capacity.”

Florida education officials argued that even if the transgender athlete in question isn’t a very good player, the fact that a biological female is potentially displaced from a team is enough to warrant the law.

While some sports bodies have adopted compromises like allowing an athlete to play if testosterone levels are sufficiently reduced, Florida enacted a broad ban that doesn’t take into consideration whether the person experienced male puberty.

Legislators rejected a bill that would have adopted testosterone-based criteria like that of the International Olympic Committee.

Florida’s law applies to public middle and high schools, colleges and universities.

Though he ruled against the Norton family, U.S. District Judge Roy K. Altman acknowledged that Florida’s broad ban might be unfair to Daisy.

Altman, an appointee of former President Trump, said he tried his best to “honor” her pronouns in his rulings, and “acknowledge[d] that the statute creates a difficult (and perhaps unfair) situation for D.N., who identifies as a girl in all respects and who may be prohibited from playing on the teams of her choice.”

He said she could try out for a boy’s team, or play co-ed sports. He went on, in his Nov. 6 decision dismissing the case: “Our job isn’t to decide whether a law is good or bad, smart or silly, fair or unfair. We don’t even get to say whether we like the law—whether, in short, we would’ve voted for it if we had been in the legislature. Our job is to apply the law as it’s been expressed through the will of a democratically-elected legislature and the signature of a democratically-elected governor— unless (of course) the law violates some more fundamental (call it constitutional) law.”

And on that note, Judge Altman said, it doesn’t. The family has until Jan. 11 to amend its lawsuit.

NOT A ‘MISTAKE’

A fifth grade transgender girl followed Daisy to the microphone that day in 2017. She got the giggles and had to compose herself before praising her school and the district for making sure she wasn’t seen as “a mistake.”

She said her school read “I Am Jazz,” by transgender girl Jazz Jennings, a former student in Broward schools, a book that was pulled from the shelves in seven Florida counties in the last two years.

It is one of the most commonly banned transgender-themed books in America’s schools, according to PEN, a non profit authors’ advocacy group.

Florida now leads the nation in banning books at school, according to PEN. Nearly a third of the books banned nationwide last school year had characters with LGBTQ identities, according to PEN, and 6 percent had a transgender character.

Daisy said she’d had the support of her teachers when she’d transitioned. “It was the best time of my life,” she said in the televised meeting, flanked by her parents. “I got to be who I was born to be. … I know I’m one of the lucky ones.”

Though she was open about her trans status back then, her lawyers argued in recent court filings that she feared being outed in high school, where it wasn’t commonly known.

Her coach, Alex Burgess, said she didn’t stand out physically. He had no idea she was ever considered a boy.

“It’s not like she was some superstar athlete, to that extent. She was just one of my players,” he said Monday. “She was just sweet and innocent. It was just, I don’t know, it’s hard to explain, but I just can only imagine what she’s feeling.”

She’d feared being outed by a person suing under the new state law, her lawyers wrote in filings. Instead, it appeared to be the school district’s launching of an investigation — and transferring her mother and four others to off-campus jobs — that inadvertently exposed her gender history.

On Nov. 28, the day the news broke, Daisy’s mom changed her Facebook profile photo to a meme: “Life. What a f***ing nightmare.”

Daisy hasn’t returned to school since.

Staff writer Jimena Tavel contributed to this report.

Read more at: https://www.miamiherald.com/news/local/education/article282762388.html#storylink=cpy

Maureen Downey of the Atlanta Journal-Constitution posted an article on her blog “Get Schooled” about the dangers of book banning and censorship and the advantages of learning about the real world. It was written by Becky Pringle, president of the NEA, and authors Caroline Tung Richmond and Ellen Oh.

They wrote:

Books that once lined the shelves of the library in a Jacksonville, Florida, elementary school are now stored in boxes. The school librarian spends her days vetting titles to comply with new censorship laws passed by the state.

In Spotsylvania County, Virginia, educators spent up to 40 hours a week reviewing titles after a mother of two students single-handedly challenged over 70 books in her school district. In one Utah district, 199 of 205 challenges were tracked to one married couple. Areview of those titles took 10,000 hours of staff time at a cost that exceeded $100,000. None of the educators will receive compensation for the extra work.

In Niles, Michigan, the school board recently blocked the circulation of nearly 200 diverse children’s titles that the nonprofit We Need Diverse Books donated. The donation included an illustrated version of the beloved Langston Hughes poem “I, Too, Am America,” with art by Bryan Collier, and the picture book “Grandma’s Purse” by Vanessa Brantley-Newton, about a young Black girl who playfully looks through her grandmother’s handbag. Although district teachers selected the texts, the school board — most of whom received backing from the conservative We the Parents political organization — refuses to release the books to school libraries.

These stories are not unique. Nationwide, educators continue to face an unprecedented number of book challenges — a figure that was 33% higher last school year than the year before.

While there is no doubt that Florida and Texas lead the country when it comes to banning books, the epidemic isn’t isolated to traditionally red states. In the midst of a climate that is hostile to books that contain diverse characters and storylines that don’t match some people’s view of the world, educators nationwide are overwhelmed and afraid. They are self-censoring their classroom bookshelves, and forgoing lessons focused on Pride Month or Black History Month. Some educators fear for their safety and livelihoods. In fact, 1 out of 4 school librarians have reported being harassed about books or displays in their library.

Extremist politicians and pundits stoke this fear mongering under the guise of “parental rights” while cultivating ties with far-right organizations, like those who attacked our democracy on Jan. 6, 2021. Despite clear proof from some polling that 75% of Americans oppose book bans, which voters heartily indicated by standing with pro-public education candidates in the 2022 midterm elections, the use of book bans to whitewash our nation’s history —– to mount.

Precious district resources continue to go to waste, along with taxpayer money. And our students are robbed of material that encourages them to develop critical thinking skills by learning to understand the world that surrounds them.

We know the intended target of these bans. According to PEN America, 30% of banned titles feature LGBTQ+ characters or themes, while 30% feature BIPOC characters or contain themes related to race. Further, the top four most-challenged books in 2022 were all written by diverse authors and featureddiverse protagonists. Make no mistake, this is a concerted effort to erase diverse books from public schools and suppress marginalized voices.

At NEA and We Need Diverse Books, we recognize the power of a diverse bookshelf. The simple act of reading allows students to gaze into mirrors and see themselves, and through windows that allow them to see others.

A Washington and Lee University study offers proof. After participants read a 3,000-word excerpt of the novel “Saffron Dreams” by Pakistani American author Shaila Abdullah, their bias toward the Muslim community decreased. The study offers what educators already know to be true: When students have access to diverse books, they collectively read at least four more hours a week.

When access to these titles is lost, our students also lose the opportunity to build empathy toward others who might not look, or live, like them. Every student deserves to see themselves in the books they read. It is how they learn that their stories and their lives matter.

This nation’s founding documents contain one powerful phrase: “We the people.” That means all of us, across race, place, gender and religion. All educators deserve the freedom to teach. All students deserve the freedom to learn this nation’s history in its entirety so they can fully participate in creating its bright future.

We must defend these rights for every student. We must make our voices heard at school board meetings, and support educators who demand honesty in education. And we must run for school board positions ourselves. In 2022, extreme right organizations endorsed and funded over 500 candidates for local school boards. While that number is small compared to the 71% of pro-public education candidates who won over culture war candidates, unless we rise up to challenge them, these new members will continue the practice of whitewashing our history by taking books from our students, as they march toward their ultimate goal: the destruction of our democracy.

To fight these book bans, we must continue to, in a multiracial coalition, promote, protect, and strengthen public education. No matter how long it takes, we must continue to fight to put books where they belong: in the hands of our students.

Middle school teacher Becky Pringle is president of the National Education Association. Caroline Tung Richmond is executive director of We Need Diverse Books and an award-winning author of young adult historical fiction including “The Only Thing to Fear,” “Live In Infamy” and “The Great Destroyers.” Ellen Oh is a founding member, president and CEO of We Need Diverse Books. She is the author of several middle school and young adult books, including the “Prophecy” trilogy, as well as “A Thousand Beginnings and Endings” and “You Are Here: Connecting Flights.”

Chalkbeat reports that the Chicago school board wants to de-emphasize school choice and reinvigorate neighborhood schools. Chicago has been through a quarter-century of school choice, and leaders believe it’s time for a change.

Chalkbeat says:

Chicago school leaders want to move away from the district’s system of school choice — in which families apply to a myriad of charter, magnet, test-in, or other district-run programs — according to a resolution the Board of Education will vote on this week.

The move puts in motion Mayor Brandon Johnson’s campaign promise to reinvigorate Chicago Public Schools’ neighborhood schools. On the campaign trail, Johnson likened the city’s school choice system to a “Hunger Games scenario” that forces competition for resources and ultimately harms schools, particularly those where students are zoned based on their address.

District leaders’ goals include ensuring “fully-resourced neighborhood schools, prioritizing schools and communities most harmed by structural racism, past inequitable policies and disinvestment,” the resolution, which was released Tuesday, said.

The board wants to pursue that policy goal — and several others — as part of the district’s five-year strategic plan, which will be finalized this summer. In an interview with reporters on Tuesday, CPS CEO Pedro Martinez, Board President Jianan Shi, and Board Vice President Elizabeth Todd-Breland declined to specify changes or say how far they want to move away from the choice system. That’s because they want to collect community feedback on how far the district should go, which would be outlined in a final five-year strategic plan this summer, they said.

The board is expected to vote Thursday on the resolution, which doesn’t create or get rid of any policies; rather, it formalizes and publicizes the district’s goals.

The district wants to “transition away from privatization and admissions/enrollment policies and approaches that further stratification and inequity in CPS and drive student enrollment away from neighborhood schools,” the resolution says.

This marks the first time the board has formally stated it wants to move away from selective admissions and enrollment policies. It says the school choice system, as it exists today, “reinforces, rather than disrupts, cycles of inequity” and must be replaced with “anti-racist processes and initiatives that eliminate all forms of racial oppression.”

Some selective enrollment and magnet schools lack the diversity of the city, enrolling larger shares of white and Asian American students, while others remain largely segregated by race and class.

Martinez said it is painful to hear of students traveling far distances to attend school, or when parents ask if they should get their 4-year-old child tested for gifted programs. He said he can “scream as loud as I can” about all that he believes neighborhood schools can offer to families versus highly sought-after magnet or selective enrollment schools — but “it’s not going to be enough.”

“We see this as an opportunity to, again, build trust, because I want to keep calling that out — that is a huge challenge for us,” Martinez said.

The board will scrutinize charter schools carefully when they apply for renewal.

A complicating factor in the board’s action is that the board is about to make a major change from a mayoral-appointed board to an elected board.

The board’s policy priorities come less than a year before Chicago will for the first time elect school board members. State law currently says 10 members will be elected and the mayor is to appoint another 11. That shift is one reason the board is focused on getting a lot of community feedback on their vision, so new board members “understand this is the direction that the district is moving in,” Shi said.

Political shifts, such as this transition to an elected school board, could upend what the current board wants to do, said Jack Schneider, an education policy expert and professor at the University of Massachusetts at Amherst.

Jason Garcia is an investigative journalist who persistently exposes Florida Governor Ron DeSantis’s attacks on the Constitution and dubious dealings.

In this post, he details DeSantis’s determined efforts to silence those who disagree with him.

“Don’t Say Gay” is the centerpiece of his attack on the First Amendment, but the attack radiates out to anyone who takes issue with DeSantis, like the Disney Corporation, which had the temerity to defend its free speech rights. The result: DeSantis took control of the entity that runs Disney World and engaged in a public battle with the state’s biggest employer.

This may impress some voters but it must frighten other corporations. Imagine an elected official empowered to take charge of your business because you disagreed with his extremist policies.

DeSantis’s war on the Disney Corporation should frighten every big corporation. How dare he?

Florida is the state where freedom of speech goes to die.

Heather Cox Richardson reflects on the latest mystery of the chaotic Trump administration. A top-secret file is missing. It was not at Mar-a-Lago. Where did it go? Who took it? Meanwhile, in Florida, Federal Judge Aileen Cannon is slow-walking the trial about the numerous classified documents that Trump refused to relinquish to the National Archives.

She writes:

CNN reporters today pulled together evidence from a number of sources to explain how “a binder containing highly classified information related to Russian election interference went missing at the end of Donald Trump’s presidency.” The missing collection of documents was ten inches thick and contained 2,700 pages of information from U.S. intelligence and that of North Atlantic Treaty Organization (NATO) allies about Russian efforts to help Trump win the 2016 presidential election. 

The binder went missing in the last days of the Trump presidency and has not been recovered. Its disappearance has raised “alarms among intelligence officials that some of the most closely guarded national security secrets from the US and its allies could be exposed.”

Reporters Jeremy Herb, Katie Bo Lillis, Natasha Bertrand, Evan Perez, and Zachary Cohen have pieced together the story of how in his last days in office, Trump tried to declassify most of the information in the binder in order to distribute copies to Republican members of Congress and right-wing media outlets. According to an affidavit by reporter John Solomon, who was shown a copy of the binder, the plan was to begin releasing information from it on the morning of January 20, 2021, so that it would hit the news after President Joe Biden had been sworn in. 

But late on January 19, while Solomon was copying the documents, White House lawyers recalled the copies to black out, or redact, sensitive information, worrying that while most of the facts in the binder were apparently already public, the methods of collection and persons involved were not. At some point in that process, an unredacted copy of the binder disappeared. 

A former aide to Trump chief of staff Mark Meadows, Cassidy Hutchinson, told the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol last year that she thought Meadows took the unredacted binder with him. 

Today, in statements that seemed very carefully worded, Meadows’s lawyer, George Terwilliger, told CNN: “Mr. Meadows was keenly aware of and adhered to requirements for the proper handling of classified material, any such material that he handled or was in his possession has been treated accordingly and any suggestion that he is responsible for any missing binder or other classified information is flat wrong.” Terwilliger told the New York Times: “Mark never took any copy of that binder home at any time.” 

The missing binder was not among the material the Federal Bureau of Investigation recovered from Mar-a-Lago last year, and intelligence officials briefed the Senate Intelligence Committee about the missing information (the CNN story does not say that the House Intelligence Committee has been briefed). In April 2021, Trump allegedly offered to let the author of a book about him see the binder, saying “I would let you look at them if you wanted…. It’s a treasure trove…it would be sort of a cool book for you to look at.” 

The story of yet more missing classified information highlights that Judge Aileen Cannon, who was confirmed to her position after Trump lost the 2020 election, has permitted Trump to slow down United States of America v. Donald J. Trump, Waltine Nauta, and Carlos De Oliveira, the pending criminal case in which he and two aides are accused of mishandling classified documents under the Espionage Act as well as making false statements and engaging in a conspiracy to obstruct justice.

Perhaps even more strongly, at a time when House Republicans have declined to fund Ukraine’s war against Russia’s 2022 invasion, the story serves as a reminder of the role Russia played in Trump’s 2016 election and how, during Trump’s time in office, he continued to cultivate a relationship with Russia’s authoritarian president Vladimir Putin and to turn his back on America’s traditional democratic allies, including those in NATO. (At one point, he told National Security Advisor John Bolton, “I don’t give a sh*t about NATO.”) 

Indeed, Trump has suggested he would take the U.S. out of NATO if he returns to office, breaking the coalition that held first the Soviet Union and then Russia at bay since World War II. Such a betrayal would weaken all of the security alliances of the United States, according to Eastern European specialist Anne Applebaum, exposing the U.S. as an unreliable ally. As democracies ceased to work together, they would have to work with authoritarian governments, and after American political influence declined, so would the economic influence that has protected our economy. Authoritarian leaders like Putin would be the winners.

News about the missing binder also highlights just how hard Trump worked to convince his loyalists that that connection was a hoax. Although all U.S. intelligence services and the Republican-dominated Senate Intelligence Committee assessed that, in fact, Russia didintervene in the election to get Trump into the White House, many Trump loyalists continue to believe Trump’s lie that such interference did not happen. 

Trump’s determination to convince his followers that “Russia, Russia, Russia” was a hoax was in part an attempt to get out from under the legal implications of working with a foreign country to win an election but also, perhaps more profoundly, an attempt to make his followers believe his lies over reality. If he could make them believe him, rather than the conclusions of the U.S. intelligence community and the Senate, they would be his to command.

Russia, Russia, Russia was an important precursor to the Big Lie that Trump, rather than Joe Biden, won the 2020 presidential election. The Big Lie has failed at every test of evidence, and yet Trump loyalists still say they believe it. 

Today, former Trump ally Rudy Giuliani continued to defend the idea that the 2020 election had been stolen, even after a jury of eight Americans said he must pay the eye-popping sum of $148,169,000 to Georgia election workers Shaye Moss and Ruby Freeman for defaming them by saying they had participated in election fraud—he made that up—and for emotional distress. Freeman and Moss had asked for $24 million each.

Of that verdict, $75,000,000 was for punitive damages, illustrating that spreading Trump’s lies so that they hurt individuals comes at a whopper of a cost. Giuliani had refused to cooperate in the case, although he admitted to the truth of the underlying facts, and he had continued to attack Moss and Freeman to reporters during the trial. 

Trump’s election lies that hurt companies are also costly, as the Fox News Corporation found when it settled with Dominion Voting Systems for $787 million over the media company’s lies about the 2020 election. 

Senators Tim Kaine (D-VA) and Marco Rubio (R-FL) tried to address Trump’s attack on our democracy when this week they inserted into the National Defense Authorization Act a provision saying that no president can withdraw from NATO without approval from the Senate or from Congress as a whole. 

“NATO has held strong in response to Putin’s war in Ukraine and rising challenges around the world,” Kaine said. He added that the legislation “to prevent any U.S. President from unilaterally withdrawing from NATO reaffirms U.S. support for this crucial alliance that is foundational for our national security. It also sends a strong message to authoritarians around the world that the free world remains united.” 

Rubio added, “The Senate should maintain oversight on whether or not our nation withdraws from NATO. We must ensure we are protecting our national interests and protecting the security of our democratic allies.”

Billy Ball’s blog, “Cardinal & Pine,” tells the horrifying story of the poisoning of people in Sampson County, North Carolina, and the malign neglect of the state’s officials. Most of those poisoned by the foul environment are Black and poor.

He writes:

NORTH CAROLINA — A dead vulture hangs by its feet, tied to a street sign on Chesters Road in Sampson County.

It’s there because locals believe the decomposing scavenger will deter other vultures. Sometimes, especially in the summer, the carrion birds descend like a plague on the Snow Hill area of Sampson County, a predominantly Black community that’s within retching distance of the largest landfill in NC. When it’s hot and humid in the summer, the vultures are so thick that the trees look black.

The birds are the least of locals’ worries.

The 85-acre landfill smells like hell. It gets in your lungs and steals your breath. On a bright, clear day, it can give you a headache and make you nauseous. When it’s hot, humid, or rainy, the smell is overwhelming.

Worse still, the landfill—which ranks second in the nation for emissions of the greenhouse gas methane—is contaminated with PFAS. PFAS are synthetic compounds used in nonstick pans, firefighter foam, cosmetics, and other products. It’s linked to cancers, birth abnormalities, high cholesterol and other ailments, but until this year, the US Environmental Protection Agency was silent on regulating it.

In March, EPA Administrator Michael Regan, who’s from NC, called it “one of the most pressing environmental and public health concerns in the modern world.”

The federal regulations, which wouldn’t go into effect until 2026, are late but not unwelcome. Testing in almost 50 water systems in NC has reportedly found high levels of PFAS over the last five years. That’s the case in about 45% of the nation’s drinking water, according to federal regulators. It attacks your thyroid, your liver, and your kidneys. And it’s an open question what treatment systems are best for filtering out this “forever chemical,” so named because it doesn’t break down in the human body or the environment.

PFAS pollution is just one of the crises here. Sampson County—population 58,000— is beset by environmental nightmares, locals say. There’s the landfill, the poultry and pork farms (including the massive Chinese-owned Smithfield Foods plant), and multiple industrial operations that locals say are noisy, ugly, and making them sick.

There are a few dozen hogs per person. To dispose of the waste, farms have been spraying it onto fields. Neighbors say it’s giving them respiratory problems. There’s science behind it, including studies from 2018 and 2022 that found people living close to animal farming operations are more likely to get sick, sometimes very sick.

A small UNC-Chapel Hill study published in 2020also found PFAS in surface water around the landfill.

The well water that thousands of people here depend on—particularly in the poorer, rural areas—is making them sick too, locals say. But unlike other areas of the county, which have gradually been connected to the county water system, most of the low-income folks have been left to protect themselves against rust, iron, arsenic, and other harmful things that are turning up in their well water.

Michigan has Flint. North Carolina has a lot of Flints, and the biggest might be Sampson County.

‘You can’t win for losing’

“We have a story to tell in Sampson County and nobody’s paying any attention to us,” says Sherri White-Williamson.

White-Williamson is a native of the area, the daughter of two high school teachers—one a World War II veteran who taught her to get involved in her community. She worked for the EPA and other federal offices before returning to Sampson County. Now, she leads a local nonprofit called Environmental Justice Community Action Network (EJCAN). She has her work cut out for her.

EJCAN is helping state officials find locals in the Snow Hill area—not to be confused with the incorporated town of the same name in nearby Greene County—who could benefit from a $1 million grant from President Biden’s administration. The grant’s meant to test the well water and, possibly, help find a solution. If anything, it’s just a start.

Testing in this broad, eastern NC county has been slow. State officials are looking for volunteers. They’ve gone door-to-door. But many don’t trust the scientists and regulators showing up. They also don’t trust what comes out of their taps. If they have the money, which many of them don’t, they rely on bottled water.

The NC Department of Environmental Quality (DEQ) and researchers have confirmed PFAS contamination in the area, although state regulators have not made a final determination on the source. Most are pointing at the privately-operated landfill, which is known to have PFAS in it. For now, the state’s administering bottled water to homeowners with polluted water, although PFAS contaminants aren’t just harmful in drinking water. They can also travel through the air.

Then there are the pigs. Smithfield Foods and other hog farms make up a powerful economic force around here. Pork accounts for more than 6,100 jobsin Sampson County and Smithfield is the largest single employer in the county.

The people who live next to hog farms might be miserable, but the political pull of pork is immense. When locals began winning huge multi-million dollar jury awards from hog farmers working for Chinese-owned Smithfield, Republican state legislators intervened on the farmers’ behalf, rewriting statutes to all but ban such lawsuits.

“You can’t win for losing,” White-Williamson says when talking about the state legislature.

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