A reader of the blog posted the following comment, which I find to be sane and wise:

There is so much hypocrisy and ignorance in this politicization of mask wearing and vaccination. When everyone’s health and well-being is on the line, there can be no personal choice to forego what keeps everyone safer.

Why is it these people insist they can mandate what a woman does with her body or who can and cannot marry, but not that we all wear masks to keep everyone safer?

If one can’t wear a mask out in public for a health reason (which, for the life of me, I can’t think of), perhaps one shouldn’t be out. If you’re a professional athlete competing closely against others, you should be required to be vaccinated. If you are a spectator in the stands, you should be vaccinated. If you’re a teacher, a bus driver, a nurse or doctor or receptionist, etc., etc., you should be vaccinated.

I wear a mask for the same reason I drive on the correct side of the freeway. I wear a mask for the same reason I drive on the road instead of on the sidewalk. I wear a mask because it helps protect my young grandson who has a heart condition and lives in my home. I wear a mask because it is the right and intelligent thing to do.

No one has the right to put the lives of others at risk by not masking up or being vaccinated.

A former student who all’s him/herself “ArtTeacher” left the following moving tribute to our beloved friend and frequent contributor Dr. Laura Chapman. I wonder if she knew how many lives she influenced, how admired and respected she was? I learned from everything she wrote here.

ArtTeacher wrote:

I was an art education student of Dr. Chapman and her life partner, Patricia Renick from 1974-78 at the University of Cincinnati. We called Patricia “Pat,” and she was vivacious, loving, and upbeat. Her nickname was “Mother Art.” Even as adults, my classmates and I had difficulty dropping the “Dr.” because we held Laura in such high esteem.

I was the first Art Education major to graduate summa cum laude from the school of Design, Architecture and Art, and I still have her letter of recommendation that described me as one of the “brightest and best.” I felt as if I had failed them both when I quit teaching after being RIFed from 2 schools in 3 years.

In 2000 when I became an art teacher again, NCLB was in full force in Ohio, and I boldly phoned her to meet and catch up on current education trends. She laughed when I told her how she struck fear in our undergraduate hearts if we showed up unprepared for her class. She was interested in hearing that two of my 8th graders filled in their scan-tron sheets to create a smiley face and a penis. When I asked what on earth they were doing, one of them said that he was only there so he could attend the dance that Friday. “I happen to know this test doesn’t affect my GPA,” he told me, pointing a finger at my face, “It affects YOU, and I don’t care about you. You can make me come to school, but you can’t make me try.” I told Laura that surely the principals and superintendents would protest the obvious flaws in forcing a school in a rural, low-income area to improve scores on such a test each year, when students’ home lives were such a struggle. The next year I was hired by a surburban elementary school to teach art to over 600 fourth graders, many of whom became physically ill on testing days because they wanted so much to do well, the opposite of the other school.

In 2012 she sent an email asking me to describe how I’m evaluated, how many students I taught, budget, schedules, etc. for a research paper. She said, “The evaluation of teachers by standardized test scores and principal observations is going in the direction that hit the teacher at Oyler (a public school in a low-income area near U.C.). In fact, more standardized tests are in the works and scheduled for administration in 2014, grades 3-12, as a condition for schools receiving federal funds from the ESEA. New state mandates are getting on the books regardless of the governor’s political affiliation. Since 2009, Bill Gates who thinks he is qualified as an expert on education, had been funding many projects that converge on more data gathering and sruveillance of teachers and the overall performance of schools.” So you can see that even as a retired professor, Laura was right on top of everything that was happening, who was doing it, and why.

I started meeting her for breakfast every month or so, to fill her in on what was new at school, and she explained the agenda behind it all, and warn me about was was coming next. I used to awaken in the wee hours with the chlling thought that it was like the plot of a bad sci fi movie, where there seemed no way to effectively fight the evil forces that had taken over. I joined BATs about a month after it began, full of hope that all we had to do was reveal what we knew was going on, and our communities (and unions) would shut it right down. I had even greater hope listening live to the first NPE convention from my home as I prepared art lessons. I remember our union presidents promising Diane to stop accepting Gates’ money, then reneging on that promise three days later.

In 2014 Laura gave a lengthy slide presentation at the Ohio Art Education convention that was titled “The Circular Reasoning Theory of School Reform: Why it is Wrong,” explaining in part why SLOs and VAM were invalid measurements of learning. It was, as you can imagine, annotated like a Master’s Thesis. Her voice was weak because was suffering from COPD and recovering from a cold, but her presentation had an enormous impact. Immeditately afterward we art teachers attended a workshop by the Ohio Dept. of Education intended to train us to write SLOs for our K-12 art students. We nearly rioted. Yet, the following school year, I had to give a test to my fourth graders the first day of school over a list of art vocabulary words I was certain they would not already know. At the end of the year, I tested them on the same 15 words, and nearly every one of 850 students passed with flying colors. Yet most were upset to see their low scores from the beginning of the year. “I can’t believe I was that stupid,” one girl said. I told her that I had to show that she learned something from me, so she was supposed to fail the test the first time. “WHY would you DO that to us?” she gasped. Now we have opted for shared attribution, where 50% of my evaluattion as an art teacher is based on 4th grade math and reading scores.

My students look forward to art class, and I have lost no enthusiasm for teaching them. This is my 20th year at my school, and every year I have something new to try, something marvelous to experience with my students. I rarely miss a single day of teaching. My way of fighting back is to absolutely refuse to let anything dampen my love for teaching art. I actually feel lucky to be an insider during these years, to see and know that even with the most misguided of mandates, my colleagues and I show up every day for the children who come through our doors.

The last time I saw Laura was in late February 2020 when it was becoming obvious that teaching in a building with 2400 fourth, fifth and sixth grade students was putting me at risk for contracting COVID, and that our Saturday breakfasts must stop to protect Laura’s health. I held my breath and hugged her. My school shut down mid-March, and I was allowed to teach online from home last year — to about 900 students in grades 1-4. I sent long emails describing what that was like, and she was fascinated by my reports. She said she was picking up groceries, staying in her condo, and of course, continuing her research and advocacy. In the spring I asked if we could get together again, and although she didn’t say no, she closed by wishing me and my famliy good health and happy lives. I knew that it was her way of saying good-bye.

The University of Virginia adopted a vaccination mandate. Of its 27,000 students, 238 students were “disenrolled” because they didn’t get vaccinated. About 96.6% are vaccinated. A small number of students (1.3%) received medical or religious exemptions and are required to wear a mask and get tested regularly.

A university spokesman said:

“If you’re unvaccinated, we ask that you wear a mask at all times — indoors or outdoors — whenever you’re around people,” said Coy. “Anyone unvaccinated and has an exemption will have to test once a week, we’re starting once a week: That might go up.”

News flash: We are in the midst of a deadly, once-in-a-century pandemic. More than 600,000 Americans have died a horrible death, gasping for breath in a crowded hospital room with no family member there to comfort them, no family member to hold their hand as they die.

Yet, there are millions of people who refuse to be vaccinated and who vigorously protest any effort to mandate masks or vaccinations. They try to intimidate those who disagree with them, and even when they are a minority, they often succeed by their bullying tactics. Even when they are a majority, should their right to be free of masks and vaccinations take precedence over the rights of other parents who want their children to be safe from a deadly virus? I think not.


The Los Angeles Times reported stories that could easily be replicated in many other school districts:

The American Academy of Pediatrics recently urged the U.S. Food and Drug Administration to authorize COVID-19 vaccines for children under 12 as the Delta variant “created a new and pressing risk to children and adolescents across this country.”

But differences of opinion have led to aggressive confrontations at some school board meetings.

In Asheville, N.C., a few dozen parents opposing Buncombe County Board of Education’s mask mandate forced the board on Aug. 5 to call a recess, then “overthrew” the board and declared themselves the new leaders of the county’s public education system.

In Franklin, Tenn., a crowd of angry parents shouted, “We will not comply!” at a board meeting Tuesday and threatened public health officials who supported mask mandates.

Britt Maxwell, 43, a parent and internist who treats COVID-19 patients in Nashville, was left shaken after attending the board of education meeting in Franklin and finding that those who supported wearing masks were outnumbered about 10 to 1 by a raucous crowd of anti-maskers.

Maxwell said a mask mandate in Williamson County elementary schools was a no-brainer with Delta surging. His two children, ages 7 and 11, are not vaccinated. “The facts are clear,” Maxwell said in an interview. “This isn’t hypothetical. Children are getting sick, now more than ever, and hospitals all across the South … are being stretched to the limit.”

He and other healthcare workers were booed by a crowd that chanted, “No more masks,” and carried signs reading, “Your fear does not take away my freedom” and “Let kids be kids. No mask mandates.”

As Maxwell and his wife left the meeting, a woman called him a traitor.

“My colleagues came with facts and statistics; nobody wanted to hear that,” he said. “They treated us like the enemy and that couldn’t be further from the truth. We were there for the same reason as them — we want to protect the children, including their children.”

Jeff Bryant is a journalist who specializes in education. In a recent issue of The Progressive, he details the many failures of what is falsely called “education reform.” The term for many has been a ruse for privatization via charter schools and vouchers. Instead of “reform,” it should be called disruption and destruction. Bryant leads the Progressive’s Public School Advocate project. This is a good-news story. Ed Reform has no successful strategies or ideas, but it’s billionaire funders and the U.S. Department of Education continue to fund its failed ideas.

He begins:

It was telling that few people noticed when Chicago’s Board of Education announced in late May that it was closing down its school turnaround program and folding the thirty-one campuses operated by a private management company back into the district.

The turnaround program had been a cornerstone of “Renaissance 2010,” the education reform policy led by former Chicago Public Schools Chief Executive Officer Arne Duncan, who became U.S. Secretary of Education during the Obama Administration. As the news outlet Catalyst Chicago reported, Duncan used the core principles of Renaissance 2010 as the basis for “Race to the Top,” his signature policy that he rolled out to the nation.

Race to the Top, a successor to former President George W. Bush’s “No Child Left Behind” program, included holding schools accountable for higher scores on standardized tests, inserting private management companies into district administration, and ramping up charter schools to compete with public schools.

Another news event affecting Chicago public schools that got very little national attention was the decision by the Illinois state legislature to rescind mayoral control of Chicago schools and bring back a democratically elected school board. The plan is backed by the state’s Democratic governor, J.B. Pritzker (and, predictably, opposed by Chicago mayor Lori Lightfoot). For years, prominent Democratic leaders—including New York Governor Andrew Cuomo and former Chicago mayor and previously Obama White House Chief of Staff Rahm Emanuel—touted mayoral control and a rejection of school board governance.

A third story from the Chicago education scene was that, in December, Noble Charter Network, the city’s largest charter school chain, disavowed its “no excuses” approach to educating Black and brown students because of the racist implications. Noble’s decision added to other reports of no-excuses charter chains dropping their harsh behavioral control and discipline policies during the past year.

These stories highlight the waning of three “school improvement” approaches: strict accountability with private management, mayoral control, and no-excuses charter schools. Each approach was among the pillars of “education reform” favored by previous presidential administrations and heartily endorsed by Washington, D.C., policy shops, such as the Center for American Progress.

Taken in unison, the three stories also contribute to the much larger narrative of how the once all-pervasive and generously funded policy movement known as education reform has ended—not with a bang, but a whimper.

Other policy directives of the reform movement that are also being relegated to the dustbin of history include state takeovers of low-performing schools, evaluating teachers based on student test scores, and flunking third-graders who score below a certain threshold on reading exams.

Please open the link and read on.

Greg Childress of NC Policy Watch reports that a government watchdog group has lodged a complaint against one of the state’s most powerful elected officials.

Rep. John Torbett, chair of the House K-12 Education Committee and the Education Subcommittee of the Committee on Appropriations failed to acknowledge that his wife serves on the board of a state-funded charter school.

He writes:

Rep. John Torbett, chairman of the state’s influential House Education K-12 Committee, is the target of a Legislative Ethics Committee complaint alleging the Gaston County Republican failed to disclose that his wife serves on a charter school board that receives state funding.

The complaint was filed this week by Bob Hall, the retired executive director of Democracy North Carolina, a voting rights and government watchdog group.

Viddia Torbett is also her husband’s legislative assistant.

Hall contends Torbett should have disclosed on 2020 and 2021 statements of economic interest (SEI) that his wife, Viddia Torbett, is vice-chairwoman of the board of directors of Community Public Charter School in Stanley. The school is affiliated with the Community Pentecostal Center.

“The failure of Rep. [John] Torbett to disclose his wife’s position on the School’s board of directors is all the more important because Rep. [John] Torbett is now the chair of the House Committee on K-12 Education and is chair of the Education Subcommittee of the House Appropriations Committee, i.e., two positions where he has significant influence over policy and funding of charter schools and public education,” Hall said in the complaint.

Torbett was first elected to the House in 2010. He was assigned to the Education K-12 Committee and the Appropriations on Education Committee to start the current legislative session. Torbett chairs both committees.

“You’ve got a powerful legislator with a personal bias or a personal interest in the financial solvency of a charter school, so he’s got a conflict between serving the public and serving his own personal interest,” Hall said in an interview with Policy Watch. “That ought to be disclosed if not him recusing himself from involvement in the funding of charter schools.”

Anyone subject to the State Government Ethics Act must file an SEI prior to being appointed, employed or elected, by April 15 of each year. That covers roughly 6,500 people, including appointed officials and elected members of the General Assembly…

This week’s complaint against Torbett isn’t the first Hall has filed against the lawmaker.

Last October, Hall filed a complaint alleging that Torbett and Josh Dobson, a former state representative who was elected state Commissioner of Labor last November, were inappropriately collecting thousands of dollars from the General Assembly for lodging in Raleigh even though their housing was being paid for by campaign committees.

The “double-dipping,” Hall said, was a violation of the Legislative Ethics Committee’s Guideline 11, which prohibits lawmakers from collecting per diem payments from the government for lodging expenses paid by another entity.

“However, in a bizarre turnabout after it received my complaint against Rep. Torbett and another legislator,” Hall wrote to the Legislative Ethics Committee, “the Committee met in late October 2020 and voted to rescind Guideline 11 and then dismissed my complaint.”

In 2020, there were seven complaints filed with the Legislative Ethics Committee. All seven were dismissed, according to the committee’s annual report. ..

The charter school where Torbett’s wife serves on the board has drawn national criticism because it received a $250,000 Charter School Program grant intended to help disadvantaged students.

Carol Burris, executive director for the Network for Public Education, a nonprofit advocacy group that opposes charter schools, wrote about the school and others in a Washington Post column. Burris criticized them for their lack of diversity.

“During 2019, the year in which the school was awarded its Charter School Program grant of $250,000, 95 percent of the school’s students were White, compared with its integrated public school district, Gaston, where only 53 percent of the students are White,” Burris wrote.

John Torbett is also the sponsor of House Bill 324, which would limit what students could be taught about the nation’s racial past.

Conservatives have embraced the controversial bill, arguing that it would prevent teachers from indoctrinating students with liberal ideology. Progressives oppose it, saying it’s important that children learn hard truths about systemic racism, slavery and Jim Crow laws.

The Public School Forum of NC wrote this comparison of different budget proposals for K-12 spending. What jumped out at me was the Republican proposal to grant permanent status to the state’s three virtual charter schools, despite their poor performance.

Gary Rubinstein teaches mathematics at Stuyvesant High School in New York City, one of the most rigorous schools in the nation. Admission is based on scores on one examination given on one day. The top scorers are accepted, as is the case in several other exam schools in New York City.

Gary wrote a series of posts about these schools and their admissions policies. Here is a link to all of them.

In this one, for example, Gary examines the validity of the test that is required, known by its acronym as SHSAT.

In this one, he asks whether schools like his own are “too hard,” which begins:

Of course Stuyvesant is hard. Like climbing Mount Everest is hard. Like training to be an Olympic gymnast is hard.

Back when I started there 20 years ago nobody questioned if Stuyvesant had to be this demanding. The old principal, Stanley Tietel, used to tell the incoming freshman class “Sleep, grades, and social life. You can’t have all three, you have to pick two.”

Several of them deal with the demographics of the students who are admitted. Like this one, which addresses the high proportion of Asian students in the specialized high schools.

It begins:

Are there too many Jews in Hollywood?

Are there too many transgender people in the military?

Are there too many Latino baseball players?

Are there too many Asian students at the New York City specialized high schools?

Did you answer ‘yes’ to any of the above?

Asian students make up 17% of the 8th graders in New York City. They also make up 35% of the students who take the SHSAT and get 52% of the offers to the specialized schools.

Latino and Black students combine to make up 68% of the 8th graders, 32% of the SHSAT test takers, and 10% of the offers.

Statistically speaking, an Asian student is about 16 times more likely to get an offer to a specialized high school than a Latino student or a Black student.

All of these essays are worth reading.

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.