A coalition of organizations in St. Louis combined to promote a new vision of education. Even the superintendent of schools added his name.

But when the school board realized that the “new vision” was funded by Opportunity Trust, a pro-charter outfit, they insisted on a moratorium.

Once again, an astroturf group was planning to hasten the pace of privatization. The city currently has 18,000 students in its public schools, and 12,000 in charter schools. The charter industry is never satisfied. It always wants more.

In Texas, a federally authorized organization filed a federal lawsuit to block Governor Greg Abbott’s ban on masking mandates. Abbott has repeatedly said that the decision to wear a mask should be made by parents, not by school boards.

CONTACT:
Edie Surtees, Communications Director
esurtees@drtx.org
512-407-2739

First Federal Lawsuit Challenging Mask Mandate Ban Filed Against Texas Governor and TEA Commissioner Says It Violates ADA, Section 504

AUSTIN—Today, Disability Rights Texas, the federally mandated protection and advocacy agency for Texans with disabilities, and pro bono partners Winston & Strawn LLP filed a federal lawsuit on behalf of 14 child plaintiffs against Texas Governor Greg Abbott and Texas Education Agency Commissioner Mike Morath.

The complaint states that the Governor’s Executive Order GA-38 prohibiting school districts and charter schools from implementing mask mandates is putting students with disabilities at significant risk, is discriminatory, and violates the federal Americans with Disabilities Act and Section 504 of the federal Rehabilitation Act.

The COVID-19 pandemic has dramatically affected students with disabilities, beginning with the closure of the public school system in the spring of 2020. These students lost critical instruction and services, continuing into the 2020-21 school year. Now, the Delta variant and a surge in cases is threating this school year. Students with disabilities need in-person schooling more than other student groups, but they must be able to receive instruction and services safely. Many of these students have underlying health conditions and are at high risk for illness and even death due to COVID-19.

One of the student plaintiffs, J.R., lives in Bexar County and attends San Antonio ISD. J.R. is eight years old and lives with attention deficit hyperactivity disorder, a growth hormone deficiency, and moderate to severe asthma.  Her mother, Julia Longoria, doesn’t get much sleep right now because of the very real worry that her daughter, who needs in-person instruction to succeed in school, is at greater risk of serious illness, hospitalization and even death if she gets the virus. This is a very real possibility if schools are open at full capacity, with optional masking and the current level of community spread. “Having to make a choice between my daughter’s education or her life – what kind of choice is that?” said Ms. Longoria. “My child has the right to an education and to be safe at school. I shouldn’t have to choose.”

This is the first federal lawsuit to challenge the Governor’s Executive Order. The complaint explains how the order is a barrier to public schools for students with disabilities and that no family should be forced to choose between health and their child’s education. It also states that Texas needs to follow the recommendations of public health officials to include the mandated use of masks in areas with significant exposure.

“Under Gov. Abbott’s order, parents of these children face an untenable choice: educate their children at school and expose them to potential severe illness, long COVID, and even death or keep their children home, where they will receive a fraction of their education in one of the least integrated settings available with limited to no exposure to non-disabled peers,” said Tom Melsheimer, attorney from Winston & Strawn. “Either outcome is a violation of students’ rights under the ADA and Section 504, and both are wholly avoidable.”

The lawsuit asks for a temporary restraining order that requires Governor Abbott, TEA, and the districts named to cease violation of the Americans with Disabilities Act and Section 504 and allows local school districts and local public health authorities to require masks for its students and staff as they determine is necessary.

Read the full complaint attached below.

ADDITIONAL STATEMENT ADDED AUGUST 18, 2021:

The case filed on August 17, 2021, has been assigned to U.S. District Court Judge Lee Yeakel. Today, Plaintiffs filed a request for a temporary restraining order and preliminary injunction enjoining Defendants from prohibiting local school districts from requiring masks for their students and staff. The full motion is attached below along with the original complaint.

The filing includes sworn statements from the parents of the young plaintiffs with disabilities about their health conditions and risks. It also includes compelling declarations from two medical experts explaining the harm posed to children with serious health conditions in schools not allowed to implement mask mandates with the exploding spread of the Delta variant.

The brief explains that plaintiffs will prevail because it violates federal disability laws to exclude them from school or make them risk their lives to get an education.

Plaintiffs also argue they will succeed because the Governor’s order violates the American Rescue Plan Act of 2021, in which Texas districts received over $11 billion dollars in funding so that they can adopt plans for a safe return to in-person instruction.

“The injunction is required to protect the lives of children with disabilities and their basic right to attend school,” said Dustin Rynders, Supervising Attorney with Disability Rights Texas.

# # #

Disability Rights Texas is the federally designated legal protection and advocacy agency (P&A) for people with disabilities in Texas established in 1977. Its mission is to help people with disabilities understand and exercise their rights under the law, ensuring their full and equal participation in society. Visit www.DRTx.org for more information.

CNN reported last night that the Texas Sypreme Court denied Governor Gregg Abbott’s effort to intervene in a court case overruling his decision to block mask mandates.

The Supreme Court of Texas refused Gov. Greg Abbott’s request to intervene Thursday in the case of mask mandates established by several local jurisdictions.

As a result, the lower court ruling allowing school districts to require masks in their schools still stands.

Abbott wanted the Supreme Court to rule quickly, superseding a state court rule that says that unless there is a compelling reason to not do so, a petition for the court to order a government official to take an action must first go to the Texas Court of Appeals, which is the intermediate appellate court, before it can go to the Texas Supreme Court.

Laura H. Chapman was a devoted supporter of public education, the Network for Public Education, and this blog. I was honored to post her carefully researched and well documented comments on this blog. Although her health clearly was in decline, she faithfully attended every annual meeting of NPE.

Laura was a distinguished arts educator. Please read her obituary in The Cincinnati Enquirer. We have lost a treasured friend.

Laura shared my dislike of billionaire reformers who didn’t know much about education but imagined they could solve its problems with Big Data. She was opposed to privatization of public funds. She opposed the substitution of technology for real teachers. She was a fierce and eloquent supporter of a rounded liberal arts education. she never failed to inspire me with her wisdom.

President Biden announced that the U.S. Department of Education will take legal action against the eight states that do not permit school districts to require students and staff to wear masks. In so doing, these states put students at risk and violate their right to education.

Sheryl Gay Stolberg and Erica L. Green wrote in the New York Times:

President Biden, escalating his fight with Republican governors who are blocking local school districts from requiring masks to protect against the coronavirus, said Wednesday that his Education Department would use its broad powers — including taking possible legal action — to deter states from barring universal masking in classrooms.

Mr. Biden said he had directed Miguel Cardona, his education secretary, “to take additional steps to protect our children,” including against governors who he said are “setting a dangerous tone” in issuing executive orders banning mask mandates and threatening to penalize school officials who defy them.

“Unfortunately, as you’ve seen throughout this pandemic, some politicians are trying to turn public safety measures — that is, children wearing masks in school — into political disputes for their own political gain,” Mr. Biden said in remarks from the East Room of the White House, adding, “We are not going to sit by as governors try to block and intimidate educators protecting our children.”

Valerie Strauss wrote in the Washington Post about Biden’s announcement:

He did not name any specific governor, but Republican governors Ron DeSantis of Florida, Greg Abbott of Texas and Doug Ducey of Arizona, are among those state leaders who have threatened to withhold funding from districts or take other action against those districts that defy them. In Florida, Miami-Dade County Public Schools, the fourth largest district in the country, on Wednesday passed a universal masking mandate — with only a medical opt-out — as did Hillsborough County Public Schools.

“I’m directing the secretary of education to take additional steps to protect our children,” Biden said. “This includes using all of his oversight authorities and legal action if appropriate against governors who are trying to block and intimidate local schools officials and educators.”

The Centers for Disease Control and Prevention has said masking is one of the strongest tools that can be taken to protect the spread of the delta variant, which has caused a rise in pediatric coronavirus cases. The agency this summer, in a shift in guidance, recommended everyone over the age of 2 — even those who are vaccinated — wear masks inside school buildings.

In letters to the governors of Arizona, Florida, Iowa, Oklahoma, South Carolina, Tennessee, Texas, and Utah, Cardona said bans on school masking mandates are putting students at risk and “may infringe upon a school district’s authority to adopt policies to protect students and educators as they develop their safe return to in-person instruction plans required by federal law.”

Cardona, in a Wednesday post on the department’s Homeroom Blog, said the department can investigate any state educational agency whose policies or actions “may infringe on the rights of every student to access public education equally.”

“The department will also receive and respond as appropriate to complaints from the public, including parents, guardians, and others about students who may experience discrimination as a result of states not allowing local school districts to reduce virus transmission risk through masking requirements and other mitigation measures,” he wrote. “As always, the Department’s Office for Civil Rights evaluates allegations of discrimination on a case-by-case basis, looking at the specific facts of each case.

Steven Singer, who teaches in Pennsylvania, is outraged that his school district refuses to mandate masks and treating mask-wearing as a personal decision, rather than a public health necessity.

He is worried about his daughter in classrooms where masking is optional.

He writes:

Nationwide, nearly 94,000 new child Covid cases were reported last week- a substantial increase,according to the American Academy of Pediatrics (AAP) and the Children’s Hospital Association (CHA).

Even in the Pittsburgh region where we live, the number of kids hospitalized with Covid at UPMC Children’s Hospital has nearly doubled in the last week, according to KDKA. That’s 50 hospitalizations in the past month including 20 in the last week.

I went to the local school directors meeting and asked the board to follow recommendations of the Centers for Disease Control (CDC) and Allegheny County Health Department by requiring masking and vaccinations for eligible students and staff. They refused.

My daughter is scared? So is her daddy.

Now I’m stuck in the position of keeping my little girl at home for another year by enrolling her in the district’s terrible on-line program, Edmentum, or rolling the dice with in-person schooling.

I’m told there will be more synchronous teaching this year in the remote program, but I don’t trust it.

Last year, she only made it through because my father-in-law – a former math teacher – and myself basically taught her everything the on-line program struggled to get across…

I just don’t understand it.

Don’t my daughter and I have rights?

We hear a lot about the anti-maskers and the anti-vaxxers. A lot about their rights. What about our right to safe schools?

Why is it that the right NOT to wear a mask supersedes the right to go to a school where everyone is required to wear one?

Because it isn’t – as I told my daughter – a matter of everyone having to deal with just the consequences of their own actions. My daughter and I have to deal with the consequences of everyone else’s actions, too.

Or to put it another way – if one person pees in the pool, we’re all swimming in their urine.

That’s wrong.

The attached report was prepared by Unkoch My Campus and SOS Arizona. Unkoch My Campus is an activist organization that exposes the nefarious influence of the Charles Koch network in higher education. It decided to examine the Koch effort to capture K-12 education and teamed up with SOS Arizona. The result is a brilliant, informative, important critique of a billionaire-funded attack on American public education. Please read it.


Executive Summary


The Koch network’s massive and targeted “investments” are reshaping K-12 education. According to the Washington Post, in early 2018, Koch officials announced plans to “fundamentally transform America’s education system,” including K-12. Stacy Hock, a major Koch donor, called K-12 “[t]he lowest hanging fruit for policy change in the United States today[.]”


In order to influence K-12 public education, the Koch network has financed local, state, and national mechanisms to create multiple crises — only to turn around and cite these same crises as reasons to adopt their free market solutions.


*Supporting the seating of state legislators who intentionally defund public education

*Destabilizing state funding in schools to promote policies that divert funds away from traditional public schools to charter schools, private schools, and online education under the guise of “school choice”

*Funding higher education centers that create the curriculum and textbooks being used in some K-12 programs

*Astroturfing moral panic about ideologies that critique their idea production and theory of change as regressive and racist (Critical Race Theory)


The Koch network has made no secret about the critical role that public education plays as an ideal arena for influencing U.S. policy and culture.

Through a variety of tactics — charter schools, vouchers, curriculum, textbooks, trainings, using state politicians to engage in culture war against progressive ideas and more — the Koch network is able to ensure the spread of their ideas, including climate disinformation and free-market favoring economics philosophy.

All public institutions are a threat to the Koch network’s free market economic agenda. In their assault on public education, the network has taken actions to increasingly privatize and corporatize K-12 institutions. In doing so, they’ve created a lot of waste, pushed to close “failing” schools, favored CEO-like superintendents, aggressively cut costs, and more.

Lack of public accountability and transparency surrounding private and charter schools, as well as privately created curriculum and textbooks, leaves little room for parents and educators to take action against undesired and harmful agendas. Privatized education institutions are often not subject to audits, regulations that create standards for educators, and can lack standards for curriculum and assessment.

The Kochs’ infiltration of K-12 education harms students, teachers, and our democracy. Students are losing access to quality public-school education. Teachers are losing access to resources and the support needed to create a healthy, generative public-school ecosystem. Finally, our democracy is harmed as students are taught with Koch-funded curriculum that promotes regressive and ahistorical ideologies that contribute to myths of meritocracy, normalizes extractive economic practices which

See the pdf here.

A sign of sanity, common sense, and responsibility: Culver City schools require all eligible students to be vaccinated. Superintendent estimates that about 1 in 20 parents object. Why should their objection override the public health of all students?

The Culver City Unified School District has issued a COVID-19 vaccine requirement for all eligible students — believed to be the first such requirement in California — a move the district superintendent said has the overwhelming support of parents, teachers and staff.
Currently, children 12 and older are eligible for the COVID-19 vaccine, which remains under emergency use authorization by the Federal Drug Administration. The Culver City requirement has a Nov. 19 deadline, and district officials hope the vaccine will have received full FDA approval by then.


California has ordered all K-12 school employees to be vaccinated or submit to weekly coronavirus testing — and a growing number of school districts, including Los Angeles Unified, are mandating employee vaccines with no testing option. A spokesperson for the state Department of Education said the office is not aware of any other student vaccine mandate among California’s 1,000 school districts.


Culver City Supt. Quoc Tran said the student vaccine mandate was issued after safety protocol discussions with the school board, teacher and employee unions and parents — who agreed that the requirement would help protect their schools as much as possible. The district, which serves 7,100 K-12 students, has 900 employees, who also must be vaccinated. Students go back to school on Thursday.

I received a notice a few days ago from a scholarly organization, informing me that Mike Rose had died. Mike was a beloved teacher, scholar, and author. He had keen empathy for working people. He taught at UCLA. I met him a decade ago, and we became friends. You may have met him through such books as Lives on the Boundary, or Why School?, or Possible Lives.

Other people knew Mike far better than I, and I invite you to read what they wrote about him.

His literary agent, Anna Sproul-Latimer, who worked with Mike on his latest book, wrote a deeply personal article about him.

She wrote, as part of a longer piece:

Five days ago, just hours before what was probably going to be the last of our four editor meetings, my beloved client Mike Rose dropped dead. He woke up at dawn, sent me a quick email, walked into his kitchen, and—bam, there went the cartoon anvil of fate. Spontaneous cerebral hemorrhage. He was 77.

Mike didn’t die right away. Or maybe he did? Depends on how you define it. When the cops broke down Mike’s door Friday morning, twenty-four-plus hours after he went down, he was still breathing, but most of him had already left. In the bloodbath of his brain, only the brainstem remained functional. It kept chugging away, obliging, with the breathing and the circulating, until Sunday night…

Dramatic irony: I knew something was wrong the instant Mike missed our Thursday afternoon editorial call. He was the most neurotic man I have ever met. He would never ever ever.

For some reason, though, I didn’t take the thought seriously. I told myself he probably just got confused by technical difficulties. That he was out of pocket. That he’d call later.

“Or maybe he’s DEAD!” The idea floated around like a diaphanous scarf, something designed for a witchy Instagram aesthetic and little else. I ran its weightless silk through my fingers. I emailed it to him, as a tease. “I’m beginning to worry you’re dead!”

When I woke up Friday morning, the scarf was strangling me…

I loved Mike Rose so, so much, even though he also might have been the single most aggravating client I’ve ever had. There was no way in hell any commission I’d ever receive on his book would financially justify the time demands of our relationship, let alone the exhaustion.

I stayed in the relationship anyway. Happily. It brought me so much joy.

Never in the depths of orgiastic moroseness could Charles Schulz have imagined a neurotic ruminator more determined to wrest disappointment from his every success than Mike Rose. Neither for all the wonder in Schulz’s childlike soul could he have dreamed up a character more warm, tender, careful, open-minded, sincere, brilliant, tenacious, and faithful.

You should read Mike Rose.

Read the last two entries on his blog. The last is called “The Desk,” and it’s the story of a magical desk he owned as a child that allowed him to imagine other worlds. Sproul-Latimer described it this: “It is a tender, quiet, devastating personal essay about growing up in squalor in South Central Los Angeles. He describes a childhood at once desperately lonely and overcrowded to the point of suffocation.”

Fred Klonsky blogged about the deaths of both Mike Rose and Bob Moses in recent weeks. Mike Rose’s next to last blog post was about Bob Moses, written last May, before Moses’ death.

Klonsky wrote:

When I was 34 and decided I wanted to teach I was introduced to a world of brilliant thinkers who were entirely new to me. Few were more brilliant than Mike Rose. Mike Rose touched me in a way few others did. His class roots. His understanding of students whose courageous struggle to learn got them labeled in the worst way. His respect for work and labor as an intellectual enterprise. His book, Lives on the Boundary, still has an honored spot in my collection.

Mike Rose had a unique voice. He was not in the thick of policy battles. He worked on a different level, seeking to understand people and their lives.

Why do so many billionaires think that it is their responsibility to redesign education? I, personally, would prefer to see them spend their time figuring out how to reduce poverty, how to provide medical care in low-income communities, how to provide affordable housing for all. But they don’t ask me.

Chalkbeat reported recently that three of our biggest billionaires are combining forces to discover “breakthroughs” in education. As usual, the billionaires—Gates, Walton, and the Chan-Zuckerberg Initiative—assume that they will discover a magic trick that solves all problems. Like the Common Core, which David Coleman and Bill Gates believed would raise test scores and close all achievement gaps. They assumed that standardization of curriculum, standards, tests, and teacher training would produce high test scores for all students. Except it didn’t.

Matt Barnum wrote:

Three of the biggest names in education philanthropy have teamed up to fund a new organization aimed at dramatically improving outcomes for Black, Latino, and low-income students.

The Advanced Education Research & Development Fund, announced Wednesday, is already funded to the eye-popping tune of $200 million from the Bill and Melinda Gates Foundation, the Chan Zuckerberg Initiative, and the Walton Family Foundation. (Gates and Walton are also supporters of Chalkbeat.)

AERDF (pronounced AIR-dif) says its focus will be on what it calls “inclusive R&D,” or bringing together people with different expertise, including educators, to design and test practical ideas like improving assessments and making math classes more effective. Still, the ideas will have “moonshot ambitions,” said the group’s CEO Stacey Childress. 

“One of our mottos for our program teams and the projects they fund is ‘heads in clouds and boots on the ground,’” she said. 

It’s an unusually well-funded start for a new education organization, especially as big education funders have seen their influence wane in recent years after some of their ideas showed uneven results and prompted backlash. AERDF suggests these funders still have significant ambitions for improving education in the U.S., even if those efforts are less splashy — or controversial — than they once were.

The organization emerged from work that began in 2018, when CZI and Gates teamed up to invest in R&D. That resulted in a project known as EF+Math, which funds efforts to embed lessons in executive functioning — a set of cognitive skills related to self control and memory — into math classes. 

Read on.