There were even more vermin than usual in Washington this week. A rabid fox at the Capitol bit at least nine people, including Rep. Ami Bera (D-Calif.). And Democratic National Committee Chair Jaime Harrison attacked Sen. Tom Cotton (R-Ark.) with an insult most entomological.
After Cotton implied that Supreme Court Justice-designate Ketanji Brown Jackson is a Nazi sympathizer, Harrison referred to Cotton as a “little maggot-infested man” on MSNBC’s “Morning Joe.”
Fake news! Cotton may go low, but, at 6-foot-5, he is not little. Also, maggots typically feed on dead things, and Cotton, though stiff, is not currently deceased. The man likes to carry on, but he is not carrion.
Harrison went on to censure the Republican Party as a whole: “It is a party built on fraud, fear and fascism.” Interestingly, a statement from the Republican National Committee taking offense at the “maggot-infested” charge did not dispute the “fraud, fear and fascism” formulation. As your self-appointed fact-checker, I have therefore examined the merits of the accusation.
Fraud
Sixteen months after President Donald Trump’s claims of election fraud failed in some 60 court cases, we have finally found evidence of potential voter fraud. Trump’s White House staff chief, Mark Meadows, reportedly registered to vote in 2020 using the address of a mobile home he never lived in. And former Trump State Department official Matt Mowers, a current congressional candidate, voted twice during the 2016 primaries, in New Hampshire and New Jersey.
The “big lie” about a rigged election, accepted by two-thirds of Republican voters, has spawned new frauds about the dangers of coronavirus vaccines (leading to sharply higher death rates in heavily Republican counties) and the promise, touted by Sen. Ron Johnson (R-Wis.) of the deworming drug ivermectin to treat covid-19; an exhaustive new study finds the drug useless.
Then there are the little everyday frauds. Just days after Rep. Madison Cawthorn (R-N.C.) told the world that his colleagues engage in coke-fueled orgies, Rep. Lisa McClain (R-Mich.) declared at a Trump rally that it was Trump who “caught Osama bin Laden,” record-low unemployment is at a “40-year high” and there weren’t “any wars” during Trump’s presidency. Never mind Syria and Afghanistan.
Fear
Sen. Ted Cruz (R-Tex.) said people like Ketanji Brown Jackson become public defenders because “their heart is with the murderers.” Cotton said Justice Robert H. Jackson “left the Supreme Court to go to Nuremberg and prosecute the case against the Nazis. This Judge Jackson might have gone there to defend them.”
Republican senators used the Jackson confirmation to stir fear of minorities and vulnerable groups with manufactured crises about transgender athletes (of the 200,000 participants in women’s collegiate sports, perhaps 50 are transgender) and “critical race theory” (which isn’t taught in public schools).
Ohio Republican Senate candidate J.D. Vance released an ad saying “Biden’s open border is killing Ohioans, with more illegal drugs and more Democrat voters pouring into this country.”
The Florida legislature approved an “election crimes” police force for Gov. Ron DeSantis (R), with the potential to intimidate voters, while various GOP-led states move forward with new provisions providing residents with incentives to inform on each other.
The newly-revealed text messages of Justice Clarence Thomas’s activist wife, Ginni, show her sharing with the Trump White House her “hope” that the “Biden crime family” as well as elected officials, bureaucrats and journalists would be taken to “barges off GITMO to face military tribunals for sedition.” ** Is the GOP “a party built on fraud, fear and fascism”? Certainly, not all Republicans think this way. But too many others are subverting democracy, cavorting with white nationalists, spreading racist fears and fantasizing about extrajudicial punishment for political opponents and the media. For them, the jackboot fits
Bob Shepherd is a regular reader and commenter who has been an assessment developer, a textbook writer and editor, and a teacher, among other things.
In the following post, he reviews the Hillsdale College “1776 Curriculum,” which took its name from Donald Trump’s short-lived “1776 Commission.”
He writes:
According to the Nashville Tennessean, Governor Bill Lee, a proponent of charter schools, is planning a partnership with fundamentalist Christian Hillsdale College to open 50 new charter schools in the state. These would use the Hillsdale 1776 Curriculum. Hillsdale bills itself as promoting Classical education.
I’ve just been reading through this stuff from Hillsdale, which is supposed to be a combination American History and Civics curriculum. It’s basically a guide to fundamentalist, nationalist indoctrination.
The first thing to notice about this curriculum, in comparison to existing K-12 American History and Civics programs, is that it is quite short. You can read through it in an afternoon. If your goal is to use history to indoctrinate students in a Christian fundamentalist nationalist mythology, it’s best to keep the discussion at the 50,000-foot level and deal mostly in abstract jingoism, with a few exempla thrown in. This is the sermon as textbook. If you get too much into the details, you are going to run into all kinds of messy events that don’t exemplify the mythology you are promulgating–the Mystic Massacre; the disenfranchisement at the dawn of the country of all but propertied white males; the Fort Pillow Massacre; slave auctions where trade in girls and young women was saved to the end of the day because such human property was particularly prized (guess why?) by good Christian white, male slaveowners; the Wounded Knee Massacre; a century of lynchings and Jim Crow and voter suppression and white citizens councils and the KKK and U.S. federal housing policy designed to keep black people from home ownership, the primary means by which ordinary people build generational wealth; the Eugenics and Nazi Bund movements in America; Trump furious that he couldn’t order to military to fight BLM protestors and the Border Patrol to shoot innocent asylum seekers; and so on ad nauseam.
One of the reasons why Fascism appeals to semiliterate mobs is that it makes everything simple. All complexity is burned away. And that’s just what the Hillsdale American Exceptionalism Curriculum does. (The successor to the 1930s pro-Nazi German American Bund called itself The America First Party, using the America First phrase that Dog-whistle Donald picked up for repetition at his rallies. Where was Leni Riefenstahl to film these?) This need to keep things simpler than they are is why, soon after seizing power, all Fascist governments establish complete control over publishing, the media, and schools and find pretexts for exterminating intellectuals and burning books and artwork.
The President of Hillsdale College, Larry Aarn, introduces his curriculum by saying that the purpose of education is to produce citizens, from the Latin civitas, or city, who can use language to distinguish the good from the bad, and that in history instruction, the way to do that is to concentrate on the lives of great persons. So, at the outset, everything is cleaved into “the good” on the one hand and “the bad” on the other (in other words, this is going to be a curriculum that deals in absolutes), and an avowed program of hero worship is advanced.
When you get into the heart of this comic book curriculum, you find that what its authors have done is choose a few “great” men and carefully excerpt from their writings short selections that support tenets of fundamentalist nationalism (manifest destiny, Christian religious belief, opposition to immigration, states’ rights, supply side trickle-down Laissez-faire economics, opposition to a big, bad federal government, etc.), and these become the subjects of lessons, the takeaways from which are rightwing doctrines and dogmas. So, the history of immigration becomes a few paragraphs from Alexander Hamilton saying that he is against it and accusing Jefferson, via quotations from Jefferson’s own writings, of having flip-flopped on the issue. (NB: Right-wingers only hate big government when it’s not their big government; if it’s Trump trying to bar people who practice a particular religion from the U.S., they are fine with that.)
So, this is all about replacing History and Civics education with comic book/Cub Scout-style mythologized, simplified indoctrination. (The Scouts were created by Robert Baden-Powell for the overtly stated purpose of producing young men willing to fight and die in British imperialist wars. It caught on in a big way in the United States.) Btw, for most of its history, Romans used the noun urbs to refer to the city and civis to refer to a citizen of an urbs. It was only late in Roman history, when Rome was falling apart, that a derivative of the word for citizen started being used to refer to a city itself. But if you are a proponent of education as propaganda, like Aarn, then you want to keep things simple: America good. Foreigners bad. Rome good. Barbarians bad. Classics education = learning to emulate being a true citizen of the Empire.
Doubtless, the Fascist government that the Republicans will put in place should they win both houses in the midterms and the presidency in 2024, will appropriate, in the manner presciently described by Orwell, traditional American concepts and iconography, distorted in a funhouse mirror and presented as a New, Stronger, Tougher, Truer American Exceptionalism.
Remember George Bush, Jr., aka Shrub, who ran on what he called a “kinder, gentler Conservativism” and then gave us 200,000+ Iraqi civilians dead in his illegal war, perpetrated on a false pretext and in violation of the UN Charter? In a similar manner, the Nazis appropriated ancient pictographs, used by cultures worldwide to represent the sun and lightning, and made of these abominations, and the pigs in Orwell’s Animal Farm proclaimed that “All animals are equal, but some animals are more equal than others [are].”
When Fascism comes to America, it will be wrapped in the flag and carrying a cross” goes the observation falsely attributed to Sinclair Lewis but very much in keeping with Lewis’s themes. Yup. Got that right.
He added an example:
Let me give one example of the general 1776 curriculum approach: The treatment of the disagreement about slavery between Abraham Lincoln and Stephan Douglas is presented as one against absolute moral principles attributed to Lincoln) versus the “moral relativism” attributed to Douglas. This is completely anachronistic. Lincoln, of course, famously disliked slavery but asserted that the important thing was preserving the Union, with or without slavery. Sounds pretty relativistic, doesn’t it? The takeaway from the Hillsdale treatment of this topic is that those who do not support absolute principles (e.g., like those of Christian fundamentalists) are “moral relativists,” bad people who are akin to Stephen Douglas, with his support of slavery.
This is using American history classes to teach that there is an absolute moral order in the universe, established by God, that should be enforced by the state. Note that this is in keeping with the earlier teaching, in this curriculum, that the founding principles were about natural law deriving from God. But, of course, the philosophical Deism of many of the founders was a far cry from absolutist Christian fundamentalism and is, in itself, highly debatable.
And again and again, this is how the Hillsdale Curriculum works. It takes events in American history as occasions for advancing right-wing principles–economic libertarianism, nationalism, fundamentalist religious belief, states’ rights, restrictions on immigration, etc.
In light of recent education bills at the Iowa Legislature, whether it’s promoting vouchers for private schools or restricting what teachers are allowed to mention in class, many Iowa students are getting fed up. And they’re standing up.
Friday afternoon in Johnston, a group of close to 100 students walked out of class and stood on school grounds to talk about those bills, explain how they’re impacting Iowa students and teachers, and encourage their peers to register to vote and to elect different legislators.
“I think the biggest thing now is putting people in positions of power that actually will do the work and will care and represent the student voices that are speaking out about this,” said Waverly Zhao, a junior at Johnston High School who helped lead the walkout.
The walkout was organized by students and two student organizations, Johnston Community of Racial Equity (CORE) Club and Iowa WTF.
And Johnston was only one of several with recent walkouts. Thursday, students walked out at Ankeny and other events have been planned for public and private high schools in Ames, West Des Moines, Des Moines, and possibly Waukee. All are organized by student groups, and generally around the same issue of not having their voices heard about their educations. Students have also held walkouts in recent months in Iowa City, Cedar Rapids and Waterloo.
Specifically, students are calling out House File 2577, the bill that requires teachers to post every single piece of classroom material online, and Senate File 2369, the bill which allows vouchers for private schools and includes a parents’ bill of rights. Both have only passed in their chambers.
Students are also calling out House File 802, the law that prohibits so-called “divisive concepts” being taught in school, which passed last year…
HF 802 prohibited teachers from teaching “divisive concepts” and targets ideas such as systemic or institutionalized racism and sexism, and how those have shaped the way the country was built and how it functions now. Students say they’ve already seen it cause a chilling effect in their classrooms.
“As a student of color, it’s been hard enough in the district, and with the recent legislation, it’s harder to discuss racism and harder for us to combat that in schools,” said Anita Danakar, a Johnston high schooler.
For example, she said her history teacher made sure to tell students they weren’t trying to make student feel guilty when they talked about redlining in class.
Zhao said in her history and social studies classes teachers are talking less about racism and sexism so they don’t cross any lines. A history lesson she had about the 3/5ths compromise in the Constitution left most of the class confused, Zhao said, because the teacher was never quite able to explain why it existed….
Overall, the students said they want to learn about these topics in school, from a trusted source and in an environment where they can ask questions.
“This entire attitude that [says] these students are not mature enough to learn and have mature conversations in the classroom about race, gender, sexuality, to say we can’t even talk about that in an educational environment is disgusting,” said Nicholas Arick, a 17-year-old student who plans to vote in the next presidential election. “It’s saying these students don’t deserve to learn about these things, and eventually when they get out of high school, they’re be ignorant and they won’t know what they’re voting for.”
During that time, Virginia Gov. Glenn Youngkin was the co-CEO of the firm. After 25 years with the company, Youngkin resigned in 2020 to run for office in Virginia.
The first thing Youngkin did as governor of Virginia was sign an executive order to “end the use of inherently divisive concepts, including critical race theory, and restoring excellence in K-12 public education in the commonwealth,” a measure that’s comparable to DeSantis’ “Stop WOKE Act.”
The story reviewed Accelerate’s website and learned the following:
Accelerate Learning’s website includes an undated diversity statement which says the company commits to hold more diversity training, examine current business and recruitment practices and continue to be inclusive in all levels of the company.
“Our nation’s black communities have long faced the repeated, harmful effects of systemic racism within the justice and education systems,” the statement said.
The company also matched all employee donations to the NAACP, Black Lives Matter and Equal Justice organizations.
“Accelerate Learning, Inc. is committed to supporting diversity in all its manifestations, which requires a consequent commitment to equity and inclusivity,” the statement said.
Sounds like the winner of the math textbook competition is woke and espouses critical race theory.
Yesterday, the Florida Legislature passed legislation enacting Governor DeSantis’ personal vendetta against the Disney corporation, dissolving the special district status it enjoys, where it supplies all its own services, such as security and sanitation. Disney is a huge economic boon to the state, drawing millions of tourists to Florida every year. DeSantis wanted to punish Disney for criticizing his anti-gay law. Some pundits think this will backfire because it is likely to raise taxes in the counties that will have to pay for those services.
But Greg Sergeant of the Washington Post says that DeSantis’s retaliation against Disney is very dangerous for democracy. This is the behavior of a banana republic thug. Will he next punish corporations that encourage diversity, inclusion, and equity, another of his obsessions?
He writes that DeSantis’ thuggishness is admired by other Republicans, and that’s ominous:
What’s at issue is the use of such a policy as retaliation against Disney for taking a stand on DeSantis’s law. The measure bars or restricts instruction on sexual orientation and gender orientation in a way that’s plainly designed to chill even the most routine discussion of LGBTQ topics. Disney opposes the law on the grounds that “it could be used to unfairly target” LGBTQ kids and families. And this is an absolutely understandable fear.
But here again, the law’s specifics are beside the point. You don’t have to back Disney’s stance to agree that the company should not be punished with a change in government policy for expressing its opinion of the law.
So what does this tell us about a possible GOP future? Well, on multiple fronts, the Republican Party is growing much more inclined to use state power to fight the culture wars, well beyond just DeSantis.
In an interview published this week, J.D. Vance told Vanity Fair that he envisions a kind of “de-Baathification” or a “de-woke-ification” of the “institutions of the left.”
Vance, who’s running for Senate in Ohio in the New Right nationalist vein, said that if Donald Trump is elected president, he should “fire every single midlevel bureaucrat” and “every civil servant in the administrative state,” and “replace them with our people.”
It’s worth taking this seriously. Other members of that New Right movement recently told me they envision a ramped-up use of the state to impose a post-liberal moral order, justified by hyperbolic visions of the supposedly hegemonic power of the left over our institutions.
Meanwhile, GOP elected officials seem to be moving this way. Congressional Republicans have vowed retaliation against companies for opposing Georgia’s voter suppression bill and for cooperating with the congressional investigation into Trump’s coup attempt.
And DeSantis is a front-runner for the 2024 GOP presidential nomination. Importantly, he’s flaunting his willingness to use state power this way as a selling point for the presidency.
So let’s run a thought experiment. What might it look like if a President DeSantis took this view of the administrative state and decided to wield his power this way?
Donald Moynihan, an expert on the administrative state at Georgetown, says you can envision various scenarios. Such a president, he said, might use regulatory agencies staffed with right-thinking political employees (which Vance explicitly wants) to harass or investigate companies perceived as “culturally disloyal.”
Another possibility, Moynihan said, might be to change the tax status of liberal-leaning foundations. Those are already another favorite target of right-wing populists.
Faced with a president “who’s fully willing to use the powers of the administrative state,” Moynihan told me, such foundations might refrain from advocating for various causes or fund certain types of research, “because it’s not worth the potential risks.”
What if such a president were backed in this project by congressional leadership? Josh Chafetz, a Georgetown law professor who studies Congress, says you could see legislation targeted at offending companies, and even if it didn’t survive the courts, it could still function in a punitive way.
Those companies would sink large sums of money into litigating against such measures, even as Congress relied on taxpayer-funded lawyers on their side, Chafetz told me, meaning “the onus of the expense would fall on the companies, which would have a chilling effect.”
So a lot is at stake in how DeSantis’s war with Disney turns out. To glimpse the future, just look at what DeSantis is saying and doing right now. And given all the accolades he’s getting from the right, does anyone doubt that this could get a whole lot worse?
Allie Pitchon of The Miami Herald reported that state officials told some publishers of math textbooks why the state would not buy their books. The initial announcement said that some math books were too “woke,” contained “critical race theory,” or included concepts from Common Core, which Governor Ron DeSantis turned against because former President Obama endorsed it. Former Florida Governor Jeb Bush, the conservative education guru, also championed Common Core, but that did not mollify DeSantis’s rejection of it.
Publishers were left in the dark about why their math books offended DeSantis, and yesterday the state provided some details. The state informed publishers what had to make changed to get on the state approved list and gave them two weeks to resubmit.
The state posted a few examples on its website.
One example: A colored bar chart showing how levels of racial bias can vary by age group. It is part of a mathematical brain teaser involving polynomial models and is nestled on the bottom right-hand corner of page 56 in a pre-calculus online textbook consisting of more than 1,000 pages. The book is not identified on the state’s website…
Two other examples that originated with public complaints make reference to Social Emotional Learning (SEL), a methodology wherein students try to get in touch with their emotions and demonstrate empathy for others.
Here is the woke bar graph:
Publishers were well aware, the Department of Education said, that their books would be rejected if they had even a trace of “critical race theory” or “social-emotional learning” or Common Core.
The press release provided a withering quote from Gov. Ron DeSantis: “It seems some publishers attempted to slap a coat of paint on an old house built on the foundation of Common Core, and indoctrinating concepts like race essentialism, especially, bizarrely, for elementary school students.”
Education Secretary Richard Corcoran chimed in, stating Florida was “focusing on providing … children with a world-class education without the fear of indoctrination or exposure to dangerous and divisive concepts in our classrooms.”
In a tweet, Christina Pushaw, the governor’s press secretary, went further, while addressing those who take issue with “book banning”: “The state declining to purchase certain textbooks isn’t banning them. If you want to teach your kid Woke Math, where “2+2=4” is white supremacy, you’re free to buy any CRT math textbook you want. You just cannot force Florida taxpayers to subsidize this indoctrination.” She’s right that local school districts can allocate at least part of their book buying budget toward textbooks not on the state’s approved list.
The Miami Herald says that districts have the final say over which textbooks are used in their classrooms. However, Governor Ron DeSantis is trying to compel all districts to adopt only the textbooks approved by the state.
Despite the chatter among district leaders about the announcement, and confusion about why certain titles were omitted from the state’s approved list, however, Florida’s law remains clear: Individual school boards — not state officials — ultimately have the responsibility for selecting instructional materials. Furthermore, a district may spend up to 50% of its state funds for books that are not on the department’s list of recommended titles.
Rachel Thomas, a spokesperson for the U.S. Department of Education, on Wednesday doubled-down on the notion: “The department does not dictate curriculum decisions,” she said in a statement. “But we hope those decisions are made by all states and districts in consultation with parents around the issues their children are actually facing.”
In other words, regardless if a book or curriculum is on or off the state’s list of approved materials, a school board still has the authority to purchase it for the district. (The list is the “initial adoption list,” according to the state education department, and has yet to be finalized.)
Earlier this month, district staff presented to the School Board the recommended textbooks, which a review committee had selected. The list included K-5 math books from publishers such as Big Ideas Learning and Savaas Learning Company, neither of which are included on the state’s approved list…
In other counties, such as Orange and Pinellas counties, the list of unapproved texts is important because they’ve already selected their new math books for the 2022-23 school year. None of the books either district picked for elementary math classes were on the state-approved list.
This should be a fascinating event, and it starts in only 2 1/2 hours!
Educators and concerned citizens in South Carolina are holding a Town Hall zoom at Furman University about the new legislative mandates that criminalize teaching the truth about race and gender.
I asked for and received permission for readers of this blog to join the zoom.
The American Federation of Teachers released the following statement about the U.S. Department of Education’s proposals to reform the federal Charter Schools Program, which grants $440 million annually to open or expand charter schools. Authorized in 1994, when there were a small number of charter schools, the CSP has never been reformed in its nearly three decade history. The industry captured the program and glossed over widespread waste, fraud, and abuse in federally-funded charter schools.
The AFT wrote:
For Immediate Release Wednesday, April 20
Contact: Andrew Crook 607/280-6603 acrook@aft.org AFT Responds to Department of Education on Charter School Regulations
WASHINGTON—American Federation of Teachers President Randi Weingarten sent the following letter to the U.S. Department of Education responding to proposed regulations on Charter Schools Program grants.
The text of the letter follows, and it can be read online with additional footnoting and formatting here.
~April 11, 2022
Ms. Porscheoy Brice
U.S. Department of Education
400 Maryland Avenue SW
Washington, DC 20202-5970
Dear Ms. Brice,
The American Federation of Teachers welcomes the opportunity to comment on the U.S. Department of Education’s proposed regulations to the Charter Schools Program grant programs. These proposed regulations represent a positive development for America’s children, and if fully implemented, these improvements to the Charter Schools Program grant applications will not only advance equity, but also move to restore charter schools to their original purpose by integrating them into the broader education community.
We applaud the department’s proposed regulations, which seek to improve community integration of charter schools. We also applaud the department for taking steps to prevent for-profit charter schools—which studies have shown underperform, compared with both public schools and their nonprofit counterparts—from receiving charter school grants. These steps will undoubtedly improve educational outcomes for children in both charter and traditional public schools. As a union of 1.7 million educators, healthcare workers and public service workers, including educators at more than 250 charter schools, we appreciate that the department is seeking to increase collaboration between charters schools and traditional public schools
The AFT strongly supports the department’s collaboration priority:
We appreciate that the department is recognizing the need for collaboration between charter schools and district schools. Charter schools were originally intended to be vehicles for experimentation and collaboration, not walled gardens within our education system, and these proposed regulations reflect that the charter industry has strayed from that original intent. As a union of education professionals, we have concerns over the pervasiveness of noncompete and nondisclosure agreement practices in charter schools and the chilling effect that such agreements are already having on charter-district collaboration.
We recommend that the Charter Schools Program grant applications be modified to have applicants certify that they will void all such noncompete/nondisclosure provisions, if they exist, during the life of the grant.
Noncompete clauses, which prevent charter teachers from taking jobs in traditional public schools for a set period of time (or within a geographic region proximate to the charter school), are obvious barriers to the department’s proposed priority of fostering district-charter collaboration. For example, according to Donald Cohen and Allen Mikaelian’s recently released book The Privatization of Everything, Summit Academy Schools of Ohio sued 50 teachers in three years for violating noncompete clauses.
There have been repeated suggestions that, beyond chilling collaboration, nondisclosure agreements prevented charter school teachers from blowing the whistle on fraud and malfeasance occurring at their schools.
We would ask that, in support of this priority, the CSP grant application be modified to include a certification by applicants that they either 1) do not utilize nondisclosure agreements and/or noncompete agreements at their schools, or 2) will void all such agreements for the life of the grant.
Collaboration between district schools and charter schools would be enhanced by putting district schools and charters on the same footing with respect to enrollment requirements:
Practices at certain charter schools have the effect of filtering out some subpopulations of students, leading to the concentration of higher-needs students in district schools. This behavior includes the counseling out of special education students; the use of entrance barriers that disincentivize enrollments of English language learners, low-income students and students with disabilities; and a reluctance to backfill when students leave the charter school. Charter schools that create enrollment barriers for ELLs, students with disabilities and low-income students are often already doing so in violation of federal law, but other disparate policies are not currently unlawful. The interests of district-charter collaboration would be furthered by asking applicants to disclose whether they engage in discriminatory enrollment practices.
Practices that exclude certain students from charter schools create divisions between district and charter teachers and administrators. In our experience, the prevalence of these practices varies significantly across the country and is unfortunately common in some states. The ACLU examined charter school enrollment barriers statewide in both Arizona and California, finding that more than 20 percent of California charter schools and 50 percent of surveyed Arizona charter schools utilized exclusionary enrollment practices.
These practices included denying applicants on the basis of prior academic performance, requiring application fees, capping special education enrollments, discouraging immigrant applicants and requiring parent volunteer hours.
While many exclusionary charter application practices amount to violations of the letter or spirit of the law (or both), charter schools are permitted under federal law to decline to backfill student vacancies created as a result of a student withdrawal or expulsion. When charter schools refuse to backfill vacancies, it both compounds existing student population disparities between district and charter schools and creates new ones. Student mobility is associated with lower student performance, so limiting midyear entrants gives charter schools an advantage that comes at the expense of the district schools that are required to accept all enrollments.
To preserve the department’s proposed priority of fostering district-charter collaboration, we suggest amending the proposed regulations to request that charter school applicants disclose information about their application, selection, turnover and backfilling practices. Specifically, applicants should certify that application materials are available in all languages spoken in the community; that they do not cap the number of students with a disability (or the type of students with a disability they accept); and that they do not charge a fee for applicants. If applicants currently operate charter schools, they should disclose annual student turnover figures for the past five years. The regulations should also be modified so that charter school applicants disclose whether they use admissions tests, consider past academic or behavioral issues during admissions, and backfill vacancies either midyear or between school years, and they should require applicants to disclose how they have recruited students from diverse populations across their catchment areas.
Unions can help facilitate a collaborative school atmosphere, and regulations should be modified to reward applicants who pledge to support their workers’ right to organize:
Collaboration between district school and charter school teachers would be easier if both groups were on the same professional footing. Unfortunately charter school teachers are often underpaid, and turnover in the industry is alarmingly high. Some charter schools operate with teaching staffs that are largely uncredentialed. Many operators in the charter school industry seem to have abandoned any attempt at employee retention, choosing instead to focus on building recruitment “pipelines” to solve the rapid turnover of their teaching force. The department’s laudable goal of fostering collaboration between district and charter schools will be difficult in high-turnover conditions and where significant disparities exist between district school and charter school staff.
We have seen, however, how beneficial it can be when charter and district teachers belong to the same union. In Chicago, several charter schools in the city are organized with the Chicago Teachers Union, with charter and district teachers belonging to the same union. The Chicago Teachers Union QUEST Center brings together both charter and district teachers for professional development courses. Unions can be the space where collaboration across district schools and charter schools can occur—but when charter teachers want to organize a union, their school management often stands in the way. In furtherance of the department’s stated goal of district-charter collaboration, as envisioned within these proposed regulations, we submit that the proposed regulations should be modified to reward schools that pledge not to interfere with teachers who wish to exercise their rights to organize and bargain collectively.
The AFT respectfully requests that language be inserted into the grant application to allow applicants to make a good-faith certification that they will remain neutral in any union organizing effort for the term of the grant award.
We applaud the department on the introduction of a community impact analysis and recommend a few minor improvements:
The AFT supports provisions that would have applicants analyze the impact of charter expansion on the schools that the applicant is, or would be, drawing students from. The focus on preventing charter school expansion from undermining district desegregation efforts is a welcome metric, and we are pleased to see it included in the impact analysis. We would suggest that the regulations be expanded to include an analysis on the fiscal impact of proposed charter growth.
Charter school growth is universally understood to negatively affect the financial condition of the sending districts. Credit ratings agencies and academia have reached a consensus on this point. The ratings agency Moody’s has opined that charter school growth can drag down the finances of their host districts, writing that “charter schools can pull students and revenues away from districts faster than the districts can reduce their costs.” Districts, being unable to reduce costs as quickly as they lose funding for charter schools, are left with diminished resources for students in their public schools. That finding has been bolstered by academic research, which has endeavored to estimate the net fiscal impact of charter school growth on district finances.
While charter school proponents have suggested that charter competition will improve district resources, academic and credit rating agency opinion has coalesced around the opposite conclusion.
Moody’s has said that “A city that begins to lose students to a charter school can be forced to weaken educational programs because funding is tighter, which then begins to encourage more students to leave which then results in additional losses.’’ University of Michigan researcher David Arsen has conducted research in Michigan that supports this conclusion, noting that “contrary to expectations, Michigan school districts respond to charter competition by devoting a smaller share of their spending to instructional services.”6 Faced with decreased revenues, which “decline more rapidly than costs in districts losing students to charter schools,” school districts are simply unable to free up the resources needed to improve education for the students remaining in traditional public schools.
For far too long, the Charter Schools Programs grant programs have ignored the economic reality of charter school growth and its impact on the resources available to traditional public school students. When charter schools expand, traditional public school students are left with fewer resources. We urge the department to amend its community impact analysis guidelines to ask applicants whether a credit rating agency has identified charter school growth as a credit negative for the sending district(s) from which the proposed (or current) school intends to draw its students.
We appreciate the proposed regulations’ increased attention to the problems of the for-profit charter school industry: The proposed regulations’ focus on tightening disclosure regulations around education management organization contracts is well-warranted and consistent with ensuring that CSP funds are allocated to high-performing charter schools. The for-profit charter school industry is disgraceful, and charter operators should not be able to evade the eligibility requirements of the Charter Schools Program by utilizing complex organizational structures and service contracts.
Research shows that for-profit virtual charter schools—which comprise a significant portion of all for-profit schools—are poorly serving America’s students. Additionally, a recent National Education Policy Center study found that for-profit virtual charter schools underperform compared with their nonprofit and publicly run counterparts, suggesting that profit-seeking itself undermines educational success.
We appreciate the department’s proposed regulations:
We thank the Department of Education for these proposed regulations, which will significantly improve outcomes for students in both charter and traditional public schools. While this comment contains some minor suggestions we feel would make these proposed regulations more robust, the substance and spirit of the proposed regulations are a welcome indication that the department is serious about unifying a fractured education system and improving educational outcomes for all children, regardless of the type of public school they attend.
Sincerely,
Randi Weingarten
President, American Federation of Teachers
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The American Federation of Teachers is a union of 1.7 million professionals that champions fairness; democracy; economic opportunity; and high-quality public education, healthcare and public services for our students, their families and our communities. We are committed to advancing these principles through community engagement, organizing, collective bargaining and political activism, and especially through the work our members do.
Randi Weingarten Fedrick C. Ingram Evelyn DeJesus PRESIDENT SECRETARY-TREASURER EXECUTIVE VICE PRESIDENT
American Federation of Teachers, AFL-CIO Communications Department • 555 New Jersey Ave. N.W. • Washington, DC 20001 • T: 202-879-4458 • F: 202-879-4580 • www.aft.org
The sponsor of HB 3543, Rep. Chad Caldwell, (R)-Enid, said the goal is to protect students who may not have the same viewpoints as their classmates and professors.
“We shouldn’t have a professor worried about getting fired if they say this or that,” Rep. Caldwell said. “We shouldn’t have a student that has to worry about, if I don’t take a Republican view or a liberal view that I’m going to get an ‘F’ on a paper. That shouldn’t be something that’s going on at any of our colleges or universities.”
The legislature apparently forgot that they banned the teaching of “critical race theory” in 2021 and discouraged teaching the facts about the horrific Tulsa Massacre. Kathryn Schumaker, the Edith Kinney Gaylord presidential professor in the department of classics and letters at the University of Oklahoma, wrote at the time that the law banning discussion of racism would make it impossible to teach history honestly on campus.
She wrote in The Washington Post:
The law is aimed at eradicating the supposed scourge of critical race theory (CRT) from state classrooms and campuses, a cause that has become a right-wing talking point over the course of the past few months. Oklahoma educators and academics have denounced the law, noting that it will deter teachers from discussing Oklahoma’s fraught racial past of Native American dispossession, lynching and racial terror.
For example, as we mark the centennial of the Tulsa Race Massacre in late May, state political leaders are making it clear that they would like Oklahomans to leave the past behind. In 2001, a state commission report called for reparations and public recognition of the legacy of the massacre. But this new law undermines efforts to reckon with our collective past, and it will chill classroom discussions of this history. H.B. 1775 instructs educators to emphasize that although the perpetrators of the Tulsa Race Massacre did bad things, their actions do not shape the world we live in — even though White rioters murdered scores of Black Tulsans and destroyed more than 1,200 buildings in the Black Greenwood neighborhood, annihilating decades of accumulated Black wealth.
Meanwhile, a seventh-grade science teacher at Jenks Middle School was fired for refusing to remove a rainbow-colored flag from a display of flags in his classroom.
Oklahoma suffers from a severe case of schizophrhrenia or hypocrisy.
It will be interesting to see what happens when the free speech law is used to defend teaching critical race theory in higher education.
Thanks to John Thompson of Oklahoma for the updates from his state.
