Hundreds Gather in Puerto Rico on Martin Luther King Day Demanding Arts Education

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They came with trumpets, tubas, bongos and acoustic guitars.

They came with brightly colored banners and freshly painted posters.

They came armed with songs, dances and slogans.

More than 500 teachers, students and college professors marched to the Puerto Rican capital of San Juan to demand the island government bring back public school arts classes.

The group of activists calling itself Let’s Save the Arts has been fighting against the narrowing of curriculum for the last three years.

At that time, the island Department of Education changed the length of class periods at all public schools in the U.S. territory.

Students used to have seven class periods of 50 minutes each. Now students have six class periods of 60 minutes each. In effect, officials eliminated one class.

Students still receive Spanish, Math, Science, Social Studies, and English instruction. However, now they have to choose between Physical Education or Arts where they used to be able to do both.

Secretary of Education Rafael Román approved the measure to save money. More than 3,000 half time teaching positions were lost.

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“It was an austerity measure,” says Mercedes Martinez, president of the Federación de Maestros de Puerto Rico (FMPR) – the  teachers union.

“They’re saying these teachers are not needed.”

Senator Rossana Lopez has proposed a solution. She introduced Bill 584 – legislation that would require all Commonwealth schools to include arts courses as a graduation requirement.

Arts teachers across the island formed the collective group to help pass the measure.

“Having a holistic  education is a right and not a privilege,” said Carlos Vélez, an art teacher from Ángel Sandín Martinez Middle School in the Vega Baja region.

“The study of the arts benefits all students – especially those living under poverty that can’t pay for art courses elsewhere.”

The teachers union issued a strong statement of support.

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“Students were off school Monday,” Martinez says. “In symbolism to MLK’s holiday celebration, they protested the best way they know: performing.”

During those performances, Román, the architect of the plan to eliminate the arts, changed his tune. While at the rally, he said he supports the bill.

However, the Secretary of Education could make most of these changes, himself, without legislative action. He could return the alignment of class periods to their previous configuration tomorrow.

“We’re waiting for him to put words into action,” Martinez says.

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Meanwhile, supporters hope Bill 584 will pass before this Congressional session ends in June.

Corporate education reform measures like this one limiting arts classes are a consequence  of financial woes imported from the mainland. Puerto Rico is besieged by vulture capitalists encouraging damaging rewrites to the tax code while buying and selling the territory’s debt.

Hundreds of American private equity moguls and entrepreneurs are using the Commonwealth as a tax haven.

As a result, tax revenues to fund public goods like education are drying up while the super rich rake in profits.

Officials warn the government may be out of money to pay its bills this year. Over the next five years, it may have to close nearly 600 more schools – almost half of the remaining facilities!

Of the 135 schools closed in just the last two years,  Román had originally proposed shuttering 200. The remaining 65 were only kept alive because communities occupied the buildings and refused to let the government step in.

The people of Puerto Rico aren’t letting their government defund and defraud their public schools without a fight. Monday’s musical and artistic protest was just another note in the battle hymn of the people.

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High Stakes Testing Doesn’t Protect Civil Rights – It Violates Them

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“Daddy, I know who that is!”

“Who is it?”

“That’s Martin Luther King.”

“That’s right, Baby! Who was he?”

“We saw a movie about him today in school. He had a dream.”

Thus began a fascinating conversation I had with my seven-year-old daughter a few days ago.

I had been going through her book bag and found a picture of Dr. King blazoned above an article about his life.

“He wanted everyone to be nice to each other,” she said.

I laughed. My first grade scholar isn’t that far off.

“He’s one of my heroes,” I said. “He means a lot to me.”

“That’s silly,” she said. “He doesn’t have any super powers.”

Before I could reply, her attention shifted to her stuffed Yoshi doll. She began to play.

One of the best things about being a parent is getting to see the world anew through the eyes of your children. My little girl offers me this vantage point everyday.

Dr. King can’t be a hero. He had no super powers.

Or did he?

“I have a dream,” he famously said, “that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.”

It’s a simple wish. A simple insight.

Or is it?

Do we do that today? Do our schools?

As a middle school teacher, I’m well aware how our public schools judge our children, and it’s not by the content of their character. It’s by their standardized test scores.

High scores mean you’re learning. Low scores mean you’re not. And if you’re not learning, that’s your teachers fault and we’re going to close your school or turn it into a charter.

What’s worse, we’re going to do it because that ensures your civil rights.

That’s the story anyway.

Ever since rewriting the federal law governing K-12 schools began to be debated in earnest by Congress, the tale was told that high stakes testing is good for minorities. It makes sure schools aren’t neglecting them.

And now that the Every Student Succeeds Act (ESSA) has been passed, well-meaning people everywhere are wondering if we’re looking out for our black and brown brothers and sister enough – do we have enough federally mandated high stakes tests? Is there enough accountability?

After all, the new law potentially returns much of the power for education policy to the states. What if states don’t give as many tests? How will state legislatures ensure black students aren’t being neglected? Why would schools actually teach black kids if we don’t threaten to close them based on test scores?

These would be laughable questions if they weren’t asked in earnest. With such frequency. Even from some civil rights organizations.

Some things to consider:

1) The ESSA does absolutely nothing to limit standardized testing.

When Congress was rewriting federal education policy, parents, educators, students and experts of every stripe asked for a reduction in testing. It didn’t happen. Exactly the same number of tests are required under the ESSA as there were before it was passed – once a year in grades 3-8 and once in high school.

2) Punishing schools doesn’t help kids learn.

Once upon a time, it was the government’s job to provide schools with adequate resources to help kids master their lessons. Now it has become the government’s job to raise an arbitrary standard and shutter or privatize schools that fall below that mark.

This may come as a surprise, but no school has ever been improved by being closed. Students who are forced to relocate don’t suddenly do better. In fact, they usually do worse academically. Moreover, there is exactly zero evidence that charter schools do better than traditional public schools. In fact, the evidence points in exactly the opposite direction.

3) Standardized tests are poor assessments to judge learning.

Standardized testing has never been shown to adequately gauge what students know, especially if the skills being assessed are complex. The only correlation that has been demonstrated consistently is between high test scores and parental wealth. In general, rich kids score well on standardized tests. Poor kids do not.

Therefore, it is absurd to demand high stakes standardized testing as a means of ensuring students’ civil rights.

Judging kids based on these sorts of assessments is not the utopia of which Dr. King dreamed. We are not judging them by the content of their character. We’re judging them by the contents of their parents bank accounts.

There are real things we could be doing to realize racial and economic equality. We could do something about crippling generational poverty that grips more than half of public school students throughout the country. We could be taking steps to stop the worsening segregation of our schools that allows the effects of test-based accountability to disproportionately strike schools serving mostly students of color. We could invest in our neediest children (many of whom are minorities) to provide nutrition, tutoring, counseling, wrap around services, smaller class sizes, and a diverse curriculum including arts and humanities.

But we’re not doing any of that.

Why?

Because we’re too concerned about continuing the policies of test and punish. We’re too concerned about making sure huge corporations continue to profit off creating, grading and providing materials to prepare for annual standardized testing.

Dr. King may not have had super powers. But from his vantage point almost 50 years in the past, he saw through the lies of today’s education reform movement.

Standardized testing doesn’t protect civil rights. It violates them.

Our school policies for the past few decades have been about denying the right to an equitable education to our poor and minority students. Though the ESSA holds promise to limit federal meddling, it does nothing to change that. And all these people who cry foul at a potential loss of federal power are either ignorant or crying crocodile tears.

It’s no wonder that hundreds of civil rights organizations oppose high stakes testing. Nor is it surprising that the media rarely reports it. And it shouldn’t be a shock to learn that the overwhelming majority of civil rights organizations who have suddenly began championing testing are those who get big donations from the philanthro-capitalists pushing this agenda.

High stakes testing is a racist and classist policy. Period.


NOTE: This article was given a shout out on Diane Ravitch’s blog and published in the Badass Teachers blog.

Bernie Sanders is Right: We Should Federalize Public School Funding

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Bernie Sanders just dropped a massive dose of truth on us Monday night.

No politician in my lifetime has ever said anything so dangerous, fraught with problems, unlikely, impractical, and absolutely on the nose right!

The Presidential candidate running for the Democratic nomination wants to make the federal government largely responsible for funding public schools. Right now districts are supported mostly by local and state taxes.

This is what he said:

“One of the things that I have always believed is that, in terms of education, we have to break our dependency on the property tax, because what happens is the wealthiest suburbs can in fact have great schools but poor, inner-city schools cannot. So I think we need equality in terms of how we fund education, and to make sure the federal government plays an active role to make sure that those schools who need it the most get the funds that they deserve.”

 

(Find the quote above 17 minutes into this video.)

 

Wow! What a statement!

Don’t tell me that was focused grouped. Don’t tell me his campaign did a poll first. Don’t tell me he ran that by any big donors for approval.

Whether you agree with it or not, such an audacious remark has to come from a genuine belief. This is really what Bernie thinks, and it’s entirely consistent with the Democratic Socialism of his whole political career.

I don’t think his rival for the party’s nomination, Hillary Clinton, will be parroting THIS stance! If anything, she might criticize him for it. And she’d have a multitude of practical reasons to do so.

Lots of folks on both sides of the aisle are sick of federal intervention in our schools. No Child Left Behind was a disaster. Race to the Top was worse. And the just passed Every Student Succeeds Act (ESSA) amounts to a massive giveback of power to the states. Under the most popular interpretation, the reauthorization of the federal law governing K-12 schools makes the states responsible for filling in the details of education policy while limiting federal interventions.

And now Bernie is suggesting the Fed foot the bill!?

That is going against the political tide. Who would vote for such a thing? Probably not Hillary. Or any of the Republican candidates. Or more than a handful in Congress, either.

But it’s exactly the right thing to do.

The reason?

The biggest problem with America’s public school system isn’t test scores, lazy students, or teachers unions. It’s poverty, segregation and inequitable funding.

We have separate schools for the rich and separate schools for the poor. We have schools serving mostly black and brown populations and schools serving mostly whites. And the way we allocate money and resources to these schools both allows and perpetuates this system.

Nationwide, state and local governments spend 15 percent less per pupil on poor school districts. I see this first hand. My home state of Pennsylvania is the worst offender, providing the poorest districts an embarrassing 33.5 percent less per student. This means higher class sizes, less teachers, less arts and humanities, less electives, less nurses, guidance councilors and wrap around services. This is the reality in 23 states.

An additional 23 states do buck this trend with more progressive funding formulas. States like California and Florida actually provide MORE spending to poor districts. This helps heal the wounds of malnutrition, violence, family instability and a host of other problems that go hand-in-hand with generational poverty. It also offset the costs of greater numbers of special education students and English Language Learners you typically find in these districts.

You might say, then, that the states where poor children get shafted could simply follow the lead of their more enlightened neighbors. Good luck with that! Rich folks rarely volunteer to subsidize the poor. They got theirs, and they vote and donate more regularly to local politicians than their indigent brethren can afford to do.

The result is a funding system based on local wealth. Rich areas have Cadillac education systems. Poor areas have dilapidated ones. That’s demonstrably unfair and leads to worse academic outcomes for needy kids.

What’s worse, no one else runs their schools this way. The U.S. is one of the only countries in the world – if not probably the ONLY country – that funds schools based largely on local taxes. Other developed nations either equalize funding or provide extra money for kids in need. In the Netherlands, for example, national funding is provided to all schools based on the number of pupils enrolled. But for every guilder allocated to a middle-class Dutch child, 1.25 guilders are allocated for a lower-class child and 1.9 guilders for a minority child – exactly the opposite of the situation in the U.S.

Federalizing education funding could solve all these problems. It could set the groundwork for an even playing field. All students could get a fair start in life! That’s a goal worth shooting for! And that’s what Bernie is suggesting.

But it’s an incredibly dangerous proposal.

Our school system still suffers nationwide from the effects of corporate education reform. National policy has been and continues to be one of high stakes standardized testing, poorly conceived and untested academic standards, and a push to privatize struggling schools. Corporatists call this “Accountability.”

It goes something like this: raise your test scores or we’re closing your school and turning it into a for-profit charter. Adopt these academic standards written by the testing companies and we’ll give you a couple extra bucks. De-professionalize teachers with junk science evaluations and hiring under-trained Teach for America temps or else we’ll cut your funding.

THIS is the federal legacy in education, and Bernie is suggesting we give them MORE POWER!?

Yes, and no. I can’t speak for Bernie, but that’s certainly not how this has to go. We can increase the Fed’s responsibility for funding schools without increasing its power over education policy. In my view, education decisions should be made locally, and I don’t mean at the state legislature. Decisions about how best to run schools should be made at the district level by the experts – the teachers and parents.

Certainly there will be those who call for more federal power over policy as a condition of federalized funding. But that has to be a deal breaker. Equitable funding with inequitable policy would just be plugging one hole while making another.

In my view, equitable funding IS the role of the federal government in public education. When the Elementary and Secondary Education Act (ESEA) was first passed in 1965, it’s purpose was to make sure all schools were getting adequate resources. Under Bush and Obama, that became perverted to mean more standardized tests and philanthro-capitalist interventions. Bernie’s suggestion could be a step in returning to the original intent of the law.

Yes, the Fed should be engaged in accountability. It should make sure it’s funding schools properly. Maybe it should even be responsible to make sure those funds are being spent on things that broadly can be construed as education. I don’t mean that the fed should be able to withhold monies from districts with low test scores. But maybe it can prosecute administrators who use funding to lavishly redecorate their offices or who neglect the needs of students in their districts.

However, even if you agree – as I do – that this is a lofty goal, it is almost impossible to achieve. It’s like single-payer healthcare was in the ‘80s and ‘90s. This is what most of the world is doing but it was completely out of reach here politically. In fact, we still don’t have it, but look at how the landscape has changed. Obamacare is not-single payer, but it is a step in that direction. Bernie is even championing going that extra step and providing a medicare like system for all.

What seemed impossible decades ago, now seems within reach. The same may be true one day with federalized education funding.

To be honest, I doubt fixing our school funding system is high on Bernie’s list of things to do. Breaking up the big banks, overturning Citizens United, free college tuition, even healthcare probably come first. And maybe that’s not a bad thing. If any or all of these goals were realized, it would help the more than half of our public school children living in poverty. Moreover, just having equitable funding on the list with these other worthy goals puts it on the national agenda.

Right now, no one else is talking about this. It isn’t even a recognizable goal for most progressives. Frankly, I doubt many people have even thought about it. By bringing this up, Bernie is forcing us to do so.

When I first became an education activist, I thought I was doing it for my students. Then we had a daughter, and I thought I was doing it for her, too. But as the years have gone by, the landscape has changed only slightly. We’re still reaching a level of critical mass when the culture demands a major shift. We’re not there yet. So now I wonder if the people I’m really doing this for are my grandchildren.

One day we may have the courage to change the course of our education system. We may gain the nerve to actually accomplish our convictions. We might actually try to have a nation with liberty and justice for all.

That’s what I’m fighting to achieve. I think many of us are doing the same. But do we have the bravery to take Bernie at his word, to push this topic onto the national stage?

A Bernie Sanders presidency would do that. It might not achieve this lofty goal. Not now. The political winds aren’t favorable. But we can try, knowing full well the dangers and the improbability.

I wish Bernie would flesh out the details of his plan. I wish he’d exorcise the devil from the details. But the very fact that he has the intrepidity to offer this as a solution fills me with hope.

Is it hot in here or am I starting to Feel the Bern?

F is for Friedrichs… and Freeloader: A Supreme Court Nightmare

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Say you’re on an airplane flying high over the Rockies.

The plane is going down.

You need a parachute.

Luckily, before you took off, all the passengers got together and pooled their money to buy them.

There’s enough for everyone. We’re all going to make it out of this alive.

People line up at the doors getting ready to jump.

Right in front of you is a lady with a sour look on her face.

“I can’t believe they’re making us pay for these parachutes,” she says.

“Really?” you reply. “Don’t you want one?”

“Sure I do!” she says. “I just don’t think I should be forced to pay for it.”

You give her a look. You can’t help it.

“But how else can they buy the parachutes?” you say.

She puts her hands on her hips and says, “There are some people on other airplanes that don’t have parachutes. I don’t think it’s fair that I get a parachute when they don’t have one.”

“You could just leave your parachute here on the plane and jump without it,” you offer helpfully.

She makes a face looking down at the parachute she’s been provided. “Will you look at this?” she says. “Mine’s blue.”

“So what?” you say. “So is mine.”

“I hate blue. I don’t want my money going to buy blue parachutes.”

“Um. At least you’ll have a soft landing.”

“A soft BLUE landing without my Constitutional rights.”

Just then a hole breaks open in the back of the plane sending air whooshing through the cabin. Oxygen masks fall from the ceiling. The plane shudders back and forth before the hole is plugged and cabin pressure returns.

A man with a similar sour expression comes forward to both of you. He is wearing a military police uniform and has a whistle in his mouth. He blows it.

“Did I hear right!?” he bellows. “Is this woman being forced to pay for her parachute!?”

“Yes,” you say after a moment. “She wants one.”

They both look at you like a third arm is growing out of your forehead.

“That’s beside the point,” the military man spits. “She can’t be FORCED to pay for it!”

By this time, a woman makes her way to the three of you from the front of the plane. She is wearing a beret and an armband.

“What’s the problem back here?” she asks.

“The problem is that this woman is being forced to pay for her parachute!” the MP says.

“Do you want a parachute?” beret woman asks the sour jumper.

“Of course,” the woman says.

“Then why shouldn’t you pay for it?”

“Because it’s blue,” she says.

“Are you kidding me?” beret woman asks. “Of course it’s blue. We got those on sale. The only way we could afford parachutes for everyone was if we bought in bulk and bought blue.”

“I don’t care,” the jumper says. “I shouldn’t be forced to buy a blue parachute if I don’t want one.”

“But you DO want one,” you say.

“Not a blue one,” she responds.

“Just give it back,” you say.

“No,” she replies stubbornly.

“That’s it,” the MP says drawing his gun. “Both of you, give me your parachutes.”

“What!?” you say.

“You heard me, Flyboy!” he says opening a huge rucksack. “Everyone on this plane! Put your parachutes in this bag!”

Everyone groans but does as he commands. After all, he’s holding a gun.

“Now what?” the sour jumper says once all the parachutes have been collected.

“Now I’m going to return all of these to the store,” he says.

“Huh!?” you say.

“It’s the only fair thing to do. You’ll each have to come back to the store and pay for your own ‘chutes.”

“But we’re on a plane plummeting out of the sky!” you say.

He turns to the sour jumper. “You’re welcome,” he says. “My job here is done.”

You turn to beret lady. “Isn’t there something you can do?” you ask.

“I’m afraid not,” she says. “Even if we could go back to the store, we can’t afford to buy everyone a parachute unless everyone pitches in. And even then only the blue ones are on sale.”

The military man salutes and jumps out of the plane. After he falls an appreciable depth he pulls his own rip cord. You can see his parachute balloon open. It’s bright red.

You turn to beret girl. “Who was that guy?” you ask.

Air Marshal Alito,” she says before making her way back to the front of the plane.

The nose of the cabin dips down. The sound of rushing wind is intense.

You turn to the sour jumper. “Are you satisfied now?” you say. “We’re all going to die.”

She slumps to the ground. Her head falls off. She’s hollow. She was just a mannequin.

You sit back in your seat stunned.

You put on your belt.

“I don’t want to pay for any seat belts,” comes whining from the mannequin’s head rolling on the floor.

You kick it out of the plane.

And smile.

Before you crash.

And experience a fiery death.


 

Meanwhile on the ground, Air Marshall Alito is shaking a man’s hand. The man is from Wall Street. He just made a small fortune betting the plane would crash. His name is Koch.

He gives Alito a suitcase full of greenbacks. He turns to another man, the owner of Friedrichs’ Mannequin Manufacturing. He gives him another similar suitcase.

These suitcases contain just a fraction of the money Koch has won betting on the demise of the airplane passengers.

He is laughing.

On the suitcases it says, “Right to Fly.”

He laughs harder.

He laughs and laughs and laughs.

EPILOGUE:

You’re still dead.


 

MORALS:

Should workers be permitted to benefit from collective bargaining without paying union dues? No. Pay for what you get or turn down the benefit.

Is collective bargaining essentially political? No. It’s negotiating fair treatment. Ebay isn’t political. Neither is this.

Is Friedrichs v. California Teachers Association a trumped-up case tailor-made for the five conservative Supreme Court justices to overturn existing law simply because they wanna? HELL YEAH!


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NOTE: This article was featured on Diane Ravitch’s blog.

 

 

Whistleblower Fights New York Officials to Enforce Their Own Child Safety Laws

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Stephen and Cathy Cole with their device for safe use of gym partitions. Photo: Long Island Business Times.

 

Are New York city and state officials doing enough to protect public school students?

Kathy Cole says no.

The co-owner of a gymnasium equipment company has been battling with city and state officials to comply with their own child safety laws for over a decade.

Her crusade stems from the crushing deaths of three students in New York and New Jersey over several years.

The problem is motorized partitions meant to close off sections of larger gymnasium spaces. Once set in motion, if safeguards aren’t put in place, and/or the devices aren’t properly monitored, they can shut on children causing fatal injuries.

In 1976 a boy in New Jersey was crushed and killed in the school gym electric partition. James Pesca, 12, was found lifeless, trapped between the cement gym wall and the partition.

In 1991, Deanna Moon met a similar end in her Long Island school. The nine-year-old got caught between the partition when she tried to slip through. Staff could not retract the wall off of Deanna’s neck so fire fighters had to use the jaws of life. It took 27 minutes to free her. Deanna’s mother was called to the scene but was restrained from coming inside and seeing what was happening. The elementary school student lingered in a coma and died nine days later from her injuries.

In 2001, twelve-year-old Rashad Richardson was looking for a teacher to give him a hall pass when he was crushed between a wall and a motorized room divider in his Ithaca, N.Y., school. The gym teacher had started the motorized door, defeated a spring-loaded safety switch, then walked away.

The first two incidents prompted the New York state legislature to require school staff be trained in the usage of these devices. However, it wasn’t until Rashad’s death that safety mechanisms were required to be installed in these partitions. New York is the only state with these provisions.

Since 2001 New York schools have been required to install Life Safety Detection Systems on these partitions to stop them from operating if a child is sensed in their path. Districts are also required to train staff in proper usage of these devices and to ensure staff observe the partitions until they are fully closed.

However, Cole, who owns Gym Door Repairs with her husband, Stephen, says many schools are not buying these mandated devices, correctly installing them or properly training staff. Her company invented and distributes these safety mechanisms.

When she brought this noncompliance to the attention of city and state education officials, she claims she was silenced.

“I was told not to bring it up publicly by high level education officials or I would be put out of business,” she says.

“I was told that compliance with the law was a financial decision and that if another child is killed their family will be compensated for their loss.”

The cost for implementation for these devices is about $37 million, most of which would be paid by New York State Building Aid. Cole’s safety mechanisms were installed in 5,000 facilities – the majority of state and city schools. But many still don’t have them.

Cole estimates there are hundreds of schools missing these devices. They were funded just not installed, she says. Still other schools have devices in place but they have fallen into disrepair and instead of being fixed are simply bypassed putting thousands of children at risk of death or injury.

“You can walk into any 10 New York City schools and 9 would have no training and no maintenance,” she says.

When Cole persisted in bringing these issues to various New York government officials, city and state public schools stopped using her company. The business, founded in 1976, specializes in safety inspection and preventative maintenance service, supplies and repairs to help keep school facilities in compliance with building and life safety codes.

“I was a vendor for over thirty years without incident until I reported this noncompliance,” she says.

“I was told they had had enough of my writing and complaining to the elected officials and that I was now considered a rat…That I would be out of business in New York State and that I had poked my nose where it did not belong.”

The battle has gone to federal court where Cole is suing for violation of her First Amendment rights to free speech.

Her suit implicates both Andrew Cuomo and John King. Cuomo was state Attorney General at the time and is now the state’s Governor. King was state Commissioner of Education and has risen to U.S. Secretary of Education.

The problem is one of accountability. In New York, the state Inspector General has no jurisdiction over the Department of Education. In fact, the Department of Education is the only branch of state government without an inspector general. So the Attorney General is responsible for both investigating and defending the Department of Education. When Cole first brought this issue up, that was Cuomo.

“It’s a conflict of interest,” she says. “There really is no where to go to report fraud and abuse at the highest levels. They investigate themselves.”

Cole condemns Cuomo in both his role as Attorney General and Governor for taking no action to fix the problem. She first brought the matter to his attention in early 2009 and has met with him several times since.

“He let the children of this state be intentionally  endangered and did nothing to protect them.”

King, too, was aware of the issue but did nothing as Commissioner of Education to help enforce the law protecting children, according to Cole.

“King has been there overseeing this,” she says. “He let this noncompliance continue.”

Cole has numerous suits in the courts alleging civil conspiracy, intellectual property theft and tortious interference with her business.

Since the first suit was filed, Cole has watched as long-standing contracts that had been awarded to her company were instead given to a competitor – Young Equipment Sales. As a result, her business has gone from 14 employees to two.

“My business has been devastated,” she says. “It’s disgraceful what’s been done. I’m not looking for sympathy, but I want justice.”

The financial loss to the Great River business owner caused her to further investigate state and city education practices. She implemented numerous Freedom of Information Act requests. In doing so, she discovered further startling school purchasing practices.

Many Long Island districts use cooperative bidding programs called the Board of Cooperative Educational Services (BOCES) to find competitive prices for school supplies. However, Cole found that using this system has resulted in paying much more for goods and services than necessary.

For instance, her data shows that districts using Nassau BOCES are paying $996 for a whiteboard available online for just $740. Also, a security card for charging laptop computers costs $1,910 through Eastern Suffolk BOCES, while it is listed online for just $1,560. Meanwhile, a 12-foot cafeteria table that you or I can buy online for $1,623.99 costs schools $2,275.99 through Nassau BOCES.

Cole’s findings are consistent with a 2012 state comptroller’s report on the cost-effectiveness of BOCES. The report audited four central New York BOCES and found that their costs for services were roughly 56 percent higher than costs for the exact same services being paid by districts not using the service. The availability of BOCES aid does not encourage BOCES to minimize costs or persuade schools to demand cheaper choices, the report concluded.

Eastern Suffolk BOCES responded to the allegations by releasing a statement saying in part, “At times, it may be possible to find a lower price for a product from an alternative source that does not meet the above criteria.” That criteria includes being able to “comply with all specifications, pay prevailing wages, be insured and be able to provide products and services to the large pool of participants in the Eastern Suffolk BOCES bidding program.”

And so it goes.

Meanwhile, Cole continues to fight this battle in the courts and is optimistic she’ll eventually receive justice for herself and the state’s children.

No young person should have to worry about being killed in school equipment and their parents shouldn’t have to worry about the state wasting their tax dollars.

My Daughter is Not a Widget

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“I’m not sure public schools understand that we’re their customer—that we, the business community, are your customer. What they don’t understand is they are producing a product at the end of that high school graduation. Now is that product in a form that we, the customer, can use it? Or is it defective, and we’re not interested? American schools have got to step up the performance level—or they’re basically turning out defective products that have no future. Unfortunately, the defective products are human beings. So it’s really serious. It’s tragic. But that’s where we find ourselves today.”
Rex Tillerson, ExxonMobil CEO

My daughter just turned seven during this holiday season.

She loves to draw. She’ll take over the dinning room table and call it her office. Over the course of a single hour, she can render a complete story with full color images supporting a handwritten plot.

These narratives usually star super heroes, cartoon characters and sometimes her mommy and daddy. In these flights of fantasy, I’ve traveled to worlds lit by distant suns, been a contestant on a Food Network cooking show, and even been a karate pupil to a Teenage Mutant Ninja Turtle sensei.

That little girl is my pride and joy. I love her more than anything else in this world.

Make no mistake – She is not anyone’s product.

She is not a cog to fit into your machine. She is not merchandise, a commodity, a widget for you to judge valuable or not. She is not some THING for you to import or export. She is not a device, a gadget, a doodad, a doohickey or a dingus. She is not an implement, a utensil, a tool, or an artifact.

Her value is not extrinsic. It is intrinsic.

She is a person with a head full of ideas, a heart full of creativity and passion. She has likes and dislikes. She loves, she lives, she dreams.

And somehow Tillerson, this engineer turned CEO, thinks she’s nothing more than a commercial resource to be consumed by Big Business. He thinks her entire worth as a human being can be reduced to her market value. It doesn’t matter what she desires for herself. It only matters if she fills a very narrow need set by corporate America.

But what else should we expect from the man in charge of ExxonMobil? The corporation has a history of scandal, corruption and malfeasance going back decades.

Since the 1980s the company has been suppressing its own incredibly accurate data on climate change because that science would adversely affect the bottom line of a business that earns its money burning fossil fuels. Moreover, the company funds climate change denial groups. A study by the US Union of Concerned Scientists reports that ExxonMobil funded 29 climate change denial groups in 2004 alone. Since 1990, the report says, the company has spent more than $19 million funding groups that promote their views through publications and Web sites that are not peer reviewed by the scientific community. Need we even mention the corporation’s long history with the American Legislative Exchange Council (ALEC)?

Tillerson and Exxon have also been major boosters of the fracking industry pushing for deregulation as health concerns mount. Most recently, the organization was ordered to pay a $100,000 Environmental Protection Agency civil penalty for an illegal discharge of fluids from a Marcellus Shale natural gas well site in Lycoming County, Pennsylvania.

It’s all about profit at Exxon. The corporation’s cost cutting measures also resulted in the largest oil spill in US waters to date. Environmental impacts are still being felt in Alaska’s Prince William Sound from the 11 million gallons of oil the Exxon Valdez supertanker unintentionally poured into the ocean, coasts and forests in 1989. Subsequent spills have occurred in Brooklyn (2007), the Yellowstone River (2011), Baton Rouge (2012), and Arkansas (2013). But why should that matter? The corporation was listed as the second most profitable in the world on the Fortune 500 in 2014.

Yet Tillerson is somehow worried about American workers being up to snuff? Why? The corporation outsources a steadily increasing share of its jobs overseas. Those that it does keep in the continental US have been subject to massive downsizing efforts. As employees have decreased, corporate profits have increased. And Tillerson expects anyone to think he’s concerned about the well-being of the American worker!? Give me a break!

 

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I suppose it’s not that surprising though that someone who makes $40 million a year, himself, would expect a paycheck to be the ultimate display of personal significance. After all, he probably thinks his exorbitant salary proves that he’s very important.

Albert Einstein never made that kind of money. Heck! Neither did William Shakespeare, Dr. Martin Luther King, Marie Curie, or Abraham Lincoln. So by Tillerson’s ethos, all of these people were defective products unfit for the corporate world. Or at the very least our estimation of them is flawed.

After all, what need have we of Shakespeare’s poetry in the exercise of buying and selling? Perhaps the greatest author ever to write in the English language might find merit in the advertising department. Likewise, Dr. King’s ethic of equality might be useful in human resources. Marie Curie? She’d find gainful employment in research and development but any patents she generated would undoubtedly be held in the corporate interest. And Mr. Lincoln? Perhaps he could be useful as a low level administrator but, no, such iconoclasm as he possessed would probably not be a good fit. He’d end up freeing the wage slaves or other such unprofitable nonsense.

Is this really the American Dream? Find an occupation producing monetary wealth or else lose all claims to value? If so, how loud must history be laughing at us?

The post-Impressionist artist Van Gogh created 900 paintings and 1,100 drawings and sketches. Many of these works now adorn museums around the globe and have forever changed the way we see the world. But during his lifetime, he sold only one painting. So by Tillerman’s logic, he was a defective product, a failure.

This is the sickness of the profiteer – to be forever appraising worth but unable to see true value. It is the disease eating away at the soul of our country. It’s the same mindset that justifies anything in the name of short-term gain – credit default swaps, the housing bubble, charter schools and Common Core.

After all, Tillerson’s notorious quote above comes from an infamous article in Fortune magazine in which the CEO threatened the former governor of Pennsylvania that he’d pull ExxonMobil out of the state if the legislature didn’t adopt some form of Common Core. And so the state gave in to the whim of one man with no experience, knowledge or wisdom about how children learn. And students in more than 500 public school districts are thus constrained by this legal economic blackmail.

I am but a simple man. I don’t bring in a six-figure salary. I’m a teacher in that same public school system. I’m also the father of an elementary student. I am a man of no monetary means and thus little merit. But I say this: the Tillersons of this world are wrong. Our children are worth more than these tiny bean counter brains realize. The purpose of education is not to provide more resources for their pointless game of Monopoly.

My daughter has a life, and her education is a tool to enrich that life. It is her vehicle of understanding the world around her. It is a process to invigorate her sense of wonder. It is a method of understanding how things work and where she fits in the universe.

Yes, she will one day need to seek employment. But what she chooses as her occupation will be up to her. SHE will decide where she fits in, Mr. Tillerson, not you. SHE will decide what is valuable in her life. SHE will decide if she wants to spend her hours in the pursuit of profits or less tangible enterprises.

As such, she needs literature – not standardized tests. She needs mysteries to solve – not Common Core. She needs equitable resourcesnot charter schools. She needs teachers with advanced degrees and dedication to their jobs – not Teach for America temps.

Don’t you dare try to justify all that with some narrow economic view of monetary value. Some things have no price. My daughter is one of them.

 


NOTE: This article also was featured on Diane Ravitch’s blog, I did an interview about it on the Rick Smith Show, and was quoted in an article about the issue in the Washington Post.

 

 

Gadfly’s Choice – Top 5 Blogs (By Me) You May Have Missed from 2015

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There are an awful lot of great blogs out there.

Especially if you’re into education. But many are telling the same story.

You don’t hear much about it in the mass media, yet our public schools are being systematically starved to death. They’re being set up to fail while the vultures of privatization and free enterprise drool over the corpse.

Phony philanthropists offer schools fake donations with more strings attached than Pinocchio and noses twice as long. To secure these financial “gifts,” schools are forced to pay out more than they receive for reforms that ultimately benefit the benefactor more than the beneficiary.

And even when these philanthro-capitalists are absent, our government is pretending to hold schools accountable by forcing them to enact these same unproven, disproven or counter-factual policies that actually make things worse. Then when these schemes fail, lawmakers use that as a justification to close schools and gift them to for-profit companies who squeeze every ounce of profit they can from what’s left while further cheating students out of resources.

It’s a scam, a heist, a racket – and you’re paying for it with your tax dollars.

But if you’ve been reading the plethora of excellent edu-blogs out there, you already know this.

Who writes about this public school shakedown? Often it’s the same teachers, parents, professors and bonafide education experts whom policymakers have excluded from the conversation.

As a public school teacher, myself, with more than a decade in the classroom, a masters degree and a national board certification, my empiricism and experience is not valued. So like many folks burdened with real-world knowledge, I write a blog.

In only a year and a half, I’ve had more than 487,000 hits and 9, 208 followers. In my last post I listed my 10 most popular articles from 2015.

Today I propose to continue a tradition I stole from fellow blogger Russ Walsh. I present not my most popular work, but 5 articles that deserve another look. Most of these didn’t receive massive public attention, but perhaps they should.

Please enjoy your humble gadfly’s choice.


 

5) Prejudice of Poverty: Why Americans Hate the Poor and Worship the Rich

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Published: Nov. 18

Views: 5,005

Description: America is rife with myths about the poor – mainly that the impoverished deserve their poverty. If they just worked harder, they wouldn’t be poor. Moreover, it’s a scam. The rest of us pick up the slack while they lounge around at home living better than we do. These are pernicious lies told with the certainty of truths. This article is my attempt to dispel these myths with facts.

Fun Fact: In my experience, often people are afraid to say certain things because they don’t want to appear racist. However, no such fear exists about sounding prejudiced against the poor, because few realize such bigotry even exists. It does. Big time.


 

4) Stories about Puerto Rican Resistance to Corporate Education Reform

Parents and Children Occupy Puerto Rican School Refusing to Let Corporate Vultures Raid Its Contents

(Aug. 22 – 1,551 hits)

In Puerto Rico, Students Go On Strike to Stop Teacher Relocations

(Sept. 25 – 1,211 hits)

Puerto Rico Teachers Plan One-Day Strike to Protest Corporate Education Reform

(Nov. 15 – 634 hits)

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Published: Aug. – Nov.

Views: 3,396 TOTAL

Description: The US territory of Puerto Rico is besieged by vulture capitalists encouraging damaging rewrites to the tax code while buying and selling island debt. Meanwhile hundreds of American private equity moguls and entrepreneurs are using the Commonwealth as a tax haven. As a result, tax revenues to fund public goods like education are drying up and hundreds of schools are being closed. However, the citizenry is putting up one of the most aggressive and successful resistance campaigns against corporate education reform in this hemisphere.

Fun Fact: For a while, few people on the mainland were talking about this – certainly not in the media. That appears to be slowly changing. There is so much we can all learn from Puerto Rico. We need each other.


 

3) Education Does Not Cure Poverty – It Cures Ignorance

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Published: Oct. 18

Views: 3,080

Description: One of the biggest lies told by our national education policymakers is that schools alone can cure poverty. We don’t need an anti-poverty campaign. We just need to ensure people get a good education. This is baloney. The purpose of learning has never been to gain wealth or even teach how to gain wealth. It is and always has been about eradicating ignorance.

Fun Fact: If more people knew this, there would be no more high stakes testing, Common Core, etc. Also I’m kind of  partial to this article because of the image I made to go along with it. Campell Brown vs. Socrates!? That always makes me smile!


2) Do Americans “Throw Money” At Their Schools? A Fair Funding Primer

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Published: July 9

Views: 1,372

Description: How many times have you heard someone complain about all the money we throw at our schools? It’s dismissive nonsense. We aren’t throwing anything. We INVEST in children. That money is not a waste. In fact, it is far from adequate for the job. This post is my attempt to explain the facts behind school funding. Please share.

Fun Fact: It is so nice to have all of this information in one place. I have tweeted, emailed, and posted this article to blowhards and ignoramuses more times than I can remember. Feel free to do the same.


1) We Shall Overcome… Our Lack of Standardized Tests!?

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Published: July 19

Views: 628

Description: This is the newest myth being spread about standardized testing. Somehow high stakes assessments ensure that minorities civil rights don’t get violated!? It is exactly the opposite of the truth. Yet many of the more well-funded civil rights organizations suddenly began singing this tune over the summer. My article tries to explain why.

Fun Fact: Make no mistake. Many civil rights organizations still vehemently oppose high stakes testing. If we really want to stand up for our black and brown brothers and sisters, we need to stand with them and counter this AstroTurf narrative at every turn. Testing violates their rights, not protects them.

Who’s Your Favorite Gadfly? Top 10 Blog Posts (By Me) That Enlightened, Entertained and Enraged in 2015

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“Pennsylvania educator and public school advocate Steven Singer is one of the most powerful voices in the nation when it comes to speaking out for students, parents, teachers and our public schools.”
Jonathan Pelto, founder of the Education Bloggers Network

 

 

“Steven Singer wrote these five terrific posts last year. I didn’t see them when they appeared. Probably you didn’t either. You should.”
Diane Ravitch, education historian

 

“Your name should be Sweet Steven Singer. You are a delight.”
Karen Lewis, President of the Chicago Teachers Union

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Hello. My name is Steven Singer, and I am a gadfly.

I make no apologies for that. It’s what I set out to do when I started this blog in July of 2014.

I told myself that people were too complacent. There was no curiosity. People were too darn sure about things – especially education policy and social issues.

They knew, for instance, that standardized testing was good for children. Why? Because Obama said so. And he’s such a nice man. It’s too bad all those mean Republicans keep making him do all this bad stuff.

They also knew racism was over. After all… Obama! Right? Black President, therefore, the hundreds of years of struggle – finished! Move along. Nothing to see here.

Yet all this “knowledge” went against everything I saw daily as a public school teacher.

Standardized tests are good for children? Tell that to more than half of public school kids now living below the poverty line who don’t have the same resources as middle class or wealthy kids yet are expected to magically ace their assessments. Tell that to the kids who get hives, get sick, or throw up on test day. Tell it to the black and brown students who for some unexplainable reason almost always score lower than their white peers.

Racism is over? Tell that to all my minority students who are afraid to walk home from school because they might get followed, jumped, beaten or killed… by the police! Tell it to their parents who can’t get a home loan and have to move from one rental property to another. Tell it to the advertising executives and marketing gurus who shower my kids with images of successful white people and only represent them as criminals, thugs, athletes or rappers.

So when I started this blog, I consciously set out to piss people off. But with a purpose. To quote the original historical gadfly, Socrates, my role is, “to sting people and whip them into a fury, all in the service of truth.” It seems well suited to a school teacher. After all, Socrates was accused of “corruption of the youth.”

It’s been quite a year. When I went to the Network for Public Education conference in Chicago last April, some folks actually seemed to know who I was. “Don’t you write that Gadfly blog?” was a common question.

When I met NEA President Lily Eskelsen Garcia and AFT President Randi Weingarten, they both said, “I read your blog.” And then they looked me up and down suspiciously as if they were thinking, “THIS is the guy who writes all that stuff!? THIS is the guy giving me such a hard time!?”

Of course, I am human, too. One can’t sting and bite every day. Sometimes the things I write are met with love and approbation. Some weeks even Lily and Randi like me. Sometimes.

Education historian Diane Ravitch has given me tremendous moral support. I can’t tell you how gratifying it is to have one of your heroes appreciate your work! Her book “The Death and Life of the Great American School System” really woke me up as a new teacher. I’m also on the steering committee of the Badass Teachers Association, an organization that has changed my life for the better. The more than 56,000 people  there are my support. I would never have had the courage to start a blog or do half of the crazy things I do without their love and encouragement.

And there are so many more people I could thank: my fellow bloggers Jonathan Pelto, Peter Greene, Russ Walsh, Nancy Flanagan, Mitchell Robinson, and Yohuru Williams. Also the good people at the LA Progressive and Commondreams.org. The incredible and tireless radio host Rick Smith.

There are just too many to name. But no list of acknowledgment would be even close to completion without mentioning my most important supporter – you, my readers. Whether you’re one of the 9,190 people who get every new post delivered by email or if you otherwise contribute to the 486,000 hits my site has received so far, THANK YOU.

So in celebration of my first full year of blogging, I present to you an end of the year tradition – a Top 10 list. Out of the 90 posts I wrote in 2015, these are the ones that got the most attention. Often they incensed people into a fury. Sometimes they melted hearts. I just hope – whether you ended up agreeing with me or not – these posts made you think.

Feel free to share with family, friends, co-workers, etc. After all, I’m an equal opportunity gadfly. I always cherish the chance to buzz around a few new heads!


 

10) The Democrats May Have Just Aligned Themselves With Test and Punish – We Are Doomed

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Published: July 17, 2015
Views: 7,122

Description: It hit me like a slap in the face that almost all Senate Democrats voted to make the reauthorization of the federal law governing K-12 public schools a direct continuation of the same failing policies of the Bush and Obama years. Heroes like Bernie Sanders and Elizabeth Warren seemed to be turning their back on teachers, parents and school children. And they were stopped in their efforts by… Republicans!

Fun Fact: This story had some legs. It inspired a bunch of education advocates like myself who are also Bernie Sanders supporters to write the candidate an open letter asking him to explain his vote. His campaign eventually responded that it was about accountability!?


 

9) Punching Teachers in the Face – New Low in Presidential Politics

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Published: Aug. 3
Views: 14,735

Description: New Jersey Governor Chris Christie thought he’d run for the Republican nomination for President. He thought threatening to metaphorically punch teachers unions in the face would get him votes. It didn’t.

Fun Fact: This new low in Presidential politics came just after Donald Trump had announced he was running. Christie’s new low now seems almost quaint after Trump’s calls to tag all Muslims and monitor their Mosques. How innocent we were back in… August.


 

8) This Article May Be Illegal – Lifting the Veil of Silence on Standardized Testing

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Published: April 18
Views: 15,818

Description: Teachers and students may be legally restrained from telling you what’s on federally mandated standardized tests, but we’re not restrained from telling you THAT we’re restrained. Is this just protecting intellectual property or direct legal intimidation of educators and children?

Fun Fact: I have not yet been arrested for writing this piece.


 

7) Stories about Teachers Union Endorsements of Hillary Clinton

Did the AFT Rank and File REALLY Endorse Hillary Clinton for President? If So, Release the Raw Data

(July 12 – 4,448 hits)

 

The NEA May Be About to Endorse Hillary Clinton Without Input From Majority of Members

(Sept. 21 – 3,873 hits)

A Handful of NEA Leaders Have Taken Another Step Toward Endorsing Hillary Clinton Despite Member Outcry

(Oct. 2 – 739 hits)

Teachers Told They’re Endorsing Hillary Clinton by NEA Leadership, Member Opinions Unnecessary

(Oct. 4 – 7,074 hits)

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Published: July 12 – Oct. 4
Views: 16,134 TOTAL

Description: You expect your union to have your back. Unfortunately it seems our teachers unions were more interested in telling us who we’d be endorsing than asking us who the organizations representing us should endorse.

Fun Fact: I broke this story pretty much nationwide. News organizations like Politico were calling me to find out the scoop.


6) Why We Should Have ZERO Standardized Tests in Public Schools

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Published: Jan. 30
Views: 16,443

Description: Someone had to say it. We don’t need any standardized tests. We need teacher-created tests. And that’s not nearly as crazy as some people think.

Fun Fact: This was written back when the Elementary and Secondary Education Act (ESEA) was being rewritten and naïve fools like me thought we might actually get a reduction in high stakes testing. Spoiler alert: we didn’t.


 

5) Atlanta Teacher RICO Conviction is Blood Sacrifice to the Testocracy

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Published: April 3
Views: 18,187

Description: There is something terribly wrong when we’re using laws created to stop organized crime as a means to convict  teachers cheating on standardized tests. I’m not saying cheating is right, but the mafia kills people. These were just teachers trying to keep their jobs in a system that rewards results and refuses to balance the scales, listen to research or the opinions of anyone not in the pockets of the testing and privatization industries.

Fun Fact: Watching all those seasons of “The Wire” finally came in handy.


4) Not My Daughter – One Dad’s Journey to Protect His Little Girl From Toxic Testing

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Published: March 20
Views: 26,420

Description: How I went to my daughter’s school and demanded she not be subjected to high stakes testing in Kindergarten.

Fun Fact: They were very nice and did everything I asked. If you haven’t already, you should try it!


 

3) I Am Racist and (If You’re White) You Probably Are, Too

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Published: June 2
Views: 28,906

Description: White folks often can’t see white privilege. This is my attempt to slap some sense into all of us. If you benefit from the system, you’re responsible to change it.

Fun Fact: Oh! The hate mail! I still get it almost every day! But I regret nothing! A black friend told me I was brave to write this. I disagreed. Anytime I want I can hide behind my complexion. She can’t.


2) I Am A Public School Teacher. Give Me All the Refugees You’ve Got

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Published: Nov. 19
Views: 45,196

Description: Our public schools are already places of refuge for our nation’s school children. Send me more. I’ll take them all. I’d rather they end up in my classroom than drowned by the side of a river.

Fun Fact: I got equal love and hate for this one. Some folks were afraid of terrorists. Others didn’t think we could afford it. But many told me my heart was in the right place. Lily and the folks at the NEA were especially supportive.


 

1) White People Need to Stop Snickering at Black Names

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Published: Sept. 6
Views: 96,351

Description: Maybe we should stop laughing at black people’s names. Maybe we should try to understand why they are sometimes different.

Fun Fact: You’d have thought I threatened some people’s lives with this one! How dare I suggest people should stop mocking other people’s names! If you want to know how strong white fragility is in our country, read some of the comments! But many people thanked me for bringing up something that had bothered them for years but that they had been too polite to talk about, themselves. This is easily my most popular piece yet.

 

The Best Way To Honor Tamir Rice is by Reforming Our Broken Justice System

Memorial for Tamir Rice, 12-year-old shot dead by Police in Cleveland

Michael Brown – no indictment.

Eric Garner – no indictment.

Sandra Bland – no indictment.

And now Tamir Rice.

How many times will our justice system refuse to charge police with killing unarmed black people?

What will it take for our courts to accept the responsibility for at least attempting to seek justice?

When will our judicial system deem the death of people of color at the hands of law enforcement to at least be worthy of a trial?

Brown had no weapon but was shot to death by law enforcement.

Garner had no weapon but was choked to death by police.

Bland had no weapon but was found hanged in her jail cell after being assaulted by police during a traffic stop.

Rice had a legal pellet gun that was not pointed at anyone yet he was shot to death two seconds after police arrived.

This is not justice. This is a national travesty that continues to be played out daily. How many more human beings will be ground under the boot of a system that finds no value in their lives?

And don’t give me any of your excuses! Police were just doing there job! These people should have listened to law enforcement! Rice shouldn’t have had a pellet gun!

Listen to yourself. Lethal force is the only option!? Police have no tasers anymore, no pepper spray? Their guns only fire death strokes? They can’t hit non-vital areas meant to incapacitate but not kill?

What a bunch of cowards we are if we don’t demand police publicly explain themselves when they kill another human being – especially someone who posed them no bodily harm! How morally and spiritually bankrupt a nation we are not to weigh the evidence and decide guilt or innocence! “Freedom and justice for all!?” What a sham! What a lie! What a farce!

I don’t know about you, but I am sick of it. I refuse to put up with it for even one more day.

But what can we do?

No. Really.

When reading about these government sanctioned murders, I feel helpless. I’m just one person. What can I do to stop it?

Here are a few suggestions:

1) Ban Grand Juries in Fatal Shootings by Police

Connecticut and – most recently – California already have laws to this effect. District attorneys should have to decide whether officers face criminal charges when they kill people in the line of duty. This decision should be made in the light of day in full view of the public and not behind the closed doors of a grand jury hearing. These hearings involve no judges or defense attorneys and the transcripts of these proceedings are almost always sealed.

The problem is that district attorneys work closely with police and depend on them for political support. Sending cases like these to a grand jury gets the DA off the hook so he or she doesn’t offend the officers.

If the decision had to be made in public, voters could hold DAs accountable. With the grand jury system, there are no consequences because we have no concrete evidence about what happened during the proceedings, what arguments were made, by whom and who made what decisions. That’s a poor breeding ground for justice.

2) Construct a National Database on Police Killings

Right now there is no way to tell exactly how many people are killed by law enforcement in this country every year. Moreover, there is no way to tell if officers involved in these killings were ever charged.

Information can be compiled state-by-state, often through unofficial and anecdotal sources. However, this does not nearly give the full picture of what is going on. The people of this country deserve to know the full scope of the issue. That’s why apologists often claim these sorts of incidents are relatively rare and blown out of proportion by the media. But are they? A national database would prove the matter one way or the other.

Federal law from 1994 already calls for just such a database, yet it has not been funded. This may be due in part to the cost. A pilot study found that it would take a decade and cost $1 billion.

Certainly this is not a quick fix. But don’t we deserve to know this information? And isn’t it suspicious that nothing is being done to compile this data now?

3) Overturn Graham v. Connor

Perhaps the biggest obstacle to seeking justice for those unnecessarily killed by police is a precedent set by the U.S. Supreme Court 25 years ago. Graham v. Connor effectively ruled that police can kill you if they feel you present a “reasonable” threat to their own lives.

The problem is the word “reasonable.” What does that mean? In court, it can be almost anything. It’s a “Get Out of Jail Free” card to police for wanton murder. Justice Sonia Sotomayor calls this a “Shoot first, think later” approach to policing. She says this violates the Fourth Amendment which stipulates what counts as “probable cause” for police actions including arrests. However, Sotomayor is the only sitting justice publicly to take this stance.

This is why without more robust protections for citizens and more realistic expectations for law enforcement, even when cases like these go to court, they rarely result in police convictions.

But courts change. Public opinion can move mountains if given enough time. We need to start putting on the pressure.

Organize, people. Start writing letters. Write petitions. Hold rallies. Meet with your Congress-people. Make some noise.

In the meantime, let us grieve for all the Browns, Garners, Blands and Rices.

Their lives matter. And the best way to prove that is to get off our collective asses and do something about it.


NOTE: This article also was published on Commondreams.org.

 

Does Bernie Sanders Offer Education Advocates Enough? Are We Feelin’ the Bern or Just Feelin’ Burned?

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You probably didn’t hear about this on the news.

To my knowledge no one covered it on TV, the newspaper or even on the blogosphere.

But Bernie Sanders may have made a reply to his Democratic Primary rival Hillary Clinton’s gaffe about closing public schools.

“I wouldn’t keep any school open that wasn’t doing a better than average job,” Clinton said at a campaign stop in Iowa on Dec. 22.

The media took this to mean Clinton is in favor of closing half the schools in the country. The comment has been much debated with calls for context and explanation by the Clinton campaign.

However, very quietly on Dec. 24, Sanders tweeted, “We should not be firing teachers. We should be hiring teachers. School teachers and educators are real American heroes.”

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The @BernieSanders twitter account has more than 1 million followers, a little less than the @SenSanders account. But it does appear to be affiliated with the Bernie Sanders presidential campaign. If Sanders, himself, posted the tweet is unclear. The candidate used the same account to live tweet the Republican debates so he – at least sometimes – is personally responsible for the material that comes out of there.

Moreover, the comment can be connected directly to something he said on C-SPAN at a campaign stop in Cleveland, OH, on Nov. 16 – before Clinton’s gaffe. In a larger speech that touched on numerous issues he said, “We should not be firing teachers and childcare workers, we should be hiring teachers.” The line about teachers being American heroes is new.

Start the speech 56 minutes in to hear the comment.

So I think it’s fair to say that the sentiment is, in fact, Bernie’s. It’s only the timing that is in question.

Is this tweet an attempt to distinguish himself from Clinton? Is this his way of saying that he’s NOT interested in closing schools and firing teachers – instead he wants to invest in education and hire more educators?

Maybe.

It sure would be nice if he’d come out and tell us. Frankly, I’m getting tired of having to read the tea leaves to get a glimpse of Bernie’s K-12 education policy.

Don’t get me wrong. I love the guy.

He’s been one of my favorite politicians for years. As a U.S. Senator, he’s consistently worked against economic and social inequality for decades. He’s been a fearless critic of Wall Street and privatization, an advocate for single payer healthcare and fighting global climate change.

He champions historic investments in preschool and college – even vowing to make post secondary tuition free. But somehow when it comes to K-12 schools, he’s got very little to say.

Most notably, he voted against No Child Left Behind (NCLB) – the devastating schools bill passed with bipartisan support during the George W. Bush years. However, he also voted in favor of the Charter School Expansion Act of 1998 which further opened the nation’s piggy bank to for-profit school privatizers. He also opposed a bill in early 2015 that would have prohibited the federal government from imposing the terrible Common Core standards on the nation’s schools.

On the campaign trail, when asked about his stance on K-12 schools, Sanders has boasted he would end NCLB. That was just accomplished by Congress through a reauthorization of the bill now called the Every Student Succeeds Act (ESSA). As a member of the Health, Education, Labor and Pensions (HELP) Committee, Sanders was an active participant in that process.

When this legislation was still in the Senate, he – along with almost all Democrats – voted for a failed amendment that would have continued most of the worst aspects of NCLB. The bill eventually passed the chamber in a potentially more palatable form. Sanders eventually voted for that Senate version but was conspicuously absent from the final vote.

Though keeping a busy campaign schedule, Sanders is known for returning to Washington to vote for important legislation. He does this much more than most of the other sitting Congressional Presidential candidates.

So why was he absent for the final vote on the ESSA? Was that done on purpose, and if so why? Could it be an attempt to distance himself from this legislation? Or is it an attempt at plausible deniability – a way of justifying both his approval and disapproval of the same legislation?

Sanders hasn’t said much.

This puts would-be-supporters in an uncomfortable position. We like what Sanders has to say about the economy and poverty, but we have little to go on when it comes to K-12 education. Certainly if Sanders was elected President and came through with all of his other promises, that would help our public schools tremendously. And since Sanders has been fighting for these things his entire lengthy political career, it’s hard to doubt his sincerity. But why not include education as part of this platform? It seems to fit perfectly with everything else he believes.

On the other hand, there’s Clinton. She is making a real effort to clarify her education positions. In fact, last week’s gaffe was part of a much larger policy speech on K-12 schools. Sander’s reply – though better stated – was a one off. It was a sound-byte. It was an applause line. It didn’t have much substance behind it.

How are we to take it? Would Sanders hire more teachers as part of a nationwide education equity policy? If so, what exactly is that policy? Or is he – like Clinton – in favor of closing some struggling schools?

Certainly Clinton has a credibility problem. One of her first actions on the public scene as the First Lady of Arkansas in 1983 was to fight against the state teachers union to enact accountability-based school reform. Many of the billionaires and shady think tanks that are working so hard to destroy public schools have donated heavily to her campaign. Her endorsement by both major teachers unions – the National Education Association and American Federation of Teachers – were allegedly the result of leadership and not rank and file members.

But unlike Sanders, Clinton actually seems to care about getting the education vote. She is actively fighting for our advocacy. Bernie doesn’t seem to think he needs us.

The Democratic Primaries are about two months away. If Sanders is going to make a play for teachers, parents, students and education advocates, he still has a chance. But time is running out.

Personally I’d rather vote for him, and maybe I will. But if he finally came out swinging, if he actually made me feel like he’d strip away the high stakes testing, unproven or failing policies and put teachers in the drivers seat – he could get so much more.

There are tens of thousands of teachers and advocates standing on the sidelines looking to Bernie. If he gave us a major policy speech, he’d find his campaign offices flooded with new volunteers. Educators would take to the streets and phone banks. We’d lead the charge. We could help turn the tide in a Democratic primary where the margin of victory could well be razor thin.

We’re out there, Bernie. Just say the word and we’ll come running.

We want to Feel the Bern, but you’ve got to turn up the heat!


NOTE: This article also was published in Commondreams.org and the LA Progressive.