PA High Court Says, “Yes, Schools CAN Sue State Over Unfair Funding, After All!”

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It’s back on!

Two years ago a group of plucky Pennsylvania public schools took the state legislature to court because the body wasn’t allocating funding to all districts fairly – some got too much, many got too little.

A lower court threw the challenge out saying it wasn’t the court’s job to tell the legislature how to legislate. But now the state Supreme Court has overturned that lower court decision.

In effect, justices are sayingHell, yes, that is the court’s job! That’s why it’s called a system of checks and balances, Baby!

Or something like that.

Before going any further, there are a few pertinent facts you have to understand about the Commonwealth.

1) No other state in the country has a bigger gap between what it spends on rich vs. poor students than Pennsylvania, according to the U.S. Department of Education.

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2) The Pennsylvania legislature has been paying less and less of public schools’ budgets over the last four decades. The state used to contribute 54% of all public school costs in the early 1970s. Today it pays only 35% of the costs, leaving local taxpayers to take up the slack. Since districts are not equally wealthy, that increases the disparity of resources between rich and poor districts.

 

3) The state has only had a funding formula specifically legislating how to allocate money to its more than 500 districts for two years. Two years! For more than 15 years previous, the legislature just handed out money willy nilly based on political backroom deals that favored already rich districts and hurt the most impoverished ones.

4) The new funding formula still is not fair. Though it does take into account the poverty of a district, it doesn’t account for the years of systematic disinvestment the district suffered through previously. That’s like giving new sneakers to a racer who hasn’t been able to get out of the starting gate while others are already halfway to the finish line.

5) The legislature STILL hasn’t healed almost $1 billion in education cuts made under previous Republican Gov. Tom Corbett. Instead, under current Democratic Gov. Tom Wolf, it has reluctantly increased funding a bit at a time but failed to bring spending up to what it was four years ago. And even once the cuts are healed, spending will be behind inflationary and cost of business increases. Meanwhile the Republican controlled legislature plays games approving the state budget separately from allocating money to the programs – including schools – that it already approved!

 

6) Pennsylvania is one of seven states with a Constitution that specifically requires the state provide a “thorough and efficient” system of education. Some of these other states – like New Jersey – have used similar Constitutional requirements to force their legislatures to increase state funding to public schools.

So there you are.

Pennsylvania’s legislature is an absolute mess.

Hopelessly gerrymandered, controlled by the radical right, and opposed by a Democratic party nearly as beholden to big donors as their GOP counterparts and desperate for any area of bipartisanship so as to be able to claim they got anything done other than stop Republicans from burning the whole place to the ground.

That’s why today’s 5-2 Supreme Court ruling is a breath of fresh air.

It’s like someone finally called Mom and Dad to tell our bratty lawmakers to get back to work.

The case will now go back to Commonwealth Court.

Supreme Court Justice David Wecht wrote that the courts do have a responsibility to check the power of the legislature – both in regard to the requirements of the state Constitution and that poorer districts are being discriminated against.

“It remains for (the) petitioners to substantiate and elucidate the classification at issue and to establish the nature of the right to education, if any, to determine what standard of review the lower court must employ to evaluate their challenge,” Wecht wrote. “But (the) petitioners are entitled to do so.”

This may be a Herculean task for those suing the state. And it seems unlikely that Commonwealth Court will hear their arguments favorably.

Justices rarely have the courage to challenge other branches, and the history of Pennsylvania’s courts shows multiple times when the courts have simply refused to assert such power.

This is what happened back in the 1990s when the Philadelphia School District sued the state over the same issue – unfair funding.

Time and again, poor districts have asked for help from the courts when the legislature refused to do its job. And time and again the courts have refused.

But at least this ruling gets things moving again. It’s like a dose of Kaopectate for a constipated political system.

Another possible bit of good news comes from Common Core and high stakes standardized testing. Yes, that crap!

When Philadelphia sued the state, the courts refused to rule in the schools favor because it had no way of proving the state was hurting the quality of education students were receiving there through lack of funding. But that was before Pennsylvania adopted its new Common Core look-a-like standards, PA Core, and initiated aligned tests including the souped up Pennsylvania System of School Assessments (PSSA) and Keystone Exams.

Ironically, the same “accountability” measures used to “demonstrate” poor schools are failing could be used to prove the common sense notion that unfairly funding schools leads to poor academic results.

In any case, far right demagogues like House Speaker Mike Turzai, R-Allegheny, are already whining that the Supreme Court is legislating from the bench. However, as a defendant in the case, and one of the most partisan hacks in Harrisburg, that’s exactly what the Koch Brothers probably told him to say.

Unfortunately, Gov. Wolf seems to kinda agree with him. Though he has yet to make a statement about today’s ruling, he was against the suit when it was originally brought up in 2015. Though he supports increasing education funding and has consistently pushed for it with every budget proposal, he is leery of the courts butting in.

Sadly, his strategy of incremental education budget increases has been failing. Or, to be fair, it’s succeeding at such a slow rate that it would take decades for it to catch up.

The fact of the matter is that it is patently unfair for rich districts to spend $10,000 to $20,000 on each student, while poorer districts can barely pull together $5,000-$6,000.

In addition, impoverished students have greater needs than rich ones. They often don’t have books in the home or access to Pre-kindergarten. Poor students often suffer from food insecurity, malnutrition, a lack of neonatal care, worse attendance, are less well rested and have greater special needs and suffer greater traumas than wealthier students. Moreover, it is no accident that the group being privileged here is made up mostly of white students and those being underprivileged are mostly students of color.

The time is here when Pennsylvanians have to decide where they stand. Are they for a state that offers all children an equal start or do they prefer one where poor brown kids suffer so rich white ones can get ahead?

Today, the matter is in the court’s hands.

Pennsylvania Proposes Smaller Tests, Same High Stakes

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It’s not the size of the tests, it’s how you use them.

 

And that’s kind of the problem with Gov. Tom Wolf’s new proposal for Pennsylvania public schools.

 

Wolf wants to reduce the amount of time students are taking standardized tests, but he seems to have little problem using those tests to hold schools accountable for all kinds of things that are beyond their control.

 

The proposal released today applies only to the Pennsylvania System of School Assessment (PSSA) tests – those taken by students in grades 3-8. Keystone Exams taken by high school students are unaffected.

 

It would cut one of three reading sections and one of three math sections – two total. Wolf also wants to cut some questions from one of the science sections.

 

Such a move is estimated to eliminate 48 minutes from the math test, 45 minutes from the reading test and 22 minutes from the science test. However, judging from my own students, these times vary considerably depending on the individual taking the tests. I’ve had 8th grade students finish a PSSA section in as little as 5 minutes or as much as two hours.

 

Most schools give either a section a day or two in one day. Therefore, this proposal probably translates to 1 to 2 fewer days testing in most districts.

 

Um. Thanks?

 

Look I don’t want to seem ungrateful here, but these suggested modifications are little more than fiddling around the edges of a massive problem.

 

Yes, it will be helpful to reduce testing times, but this does very little to address the fundamental problems with test-based accountability in the Commonwealth.

 

At best, this proposal will allow students to spend two more days a year learning. Assuming most districts don’t use that extra time for test prep, that IS a good thing.

 

But tacitly committing students throughout the state to taking these tests almost guarantees that test prep is exactly how these additional days will be used.

 

The problem with standardized testing isn’t just the number of raw days it takes students to complete the tests. It is how the tests deform the entire year-long curriculum. Students don’t just learn anymore. They learn what’s on the test – and anything else is purely optional.

 

Regardless of the size of the assessments, they are still being used to sort and judge students, teachers and schools. Shortening their length does nothing to address the fundamental unfairness of the evaluations. Rich white kids still tend to have high scores and poor minority kids still tend to have low ones.

 

At best, they reveal structural funding disparities between poor and wealthy districts. At worst, the cultural bias inherent in the questions favor those from dominant, privileged ethnicities while punishing those who don’t fit the standard.

 

That’s what “standardized test” means after all – defining normal and punishing those who don’t fit the definition. Most questions don’t assess universals like the value of 2 and 2. They evaluate cultural and social norms required to understand the questions and easily find an answer that another “normal” student would choose. (Don’t believe me? Watch “Black Jeopardy” on Saturday Night Live.)

 

This is true whether the test takes one day or 100 days.

 

We should not be using standardized testing to meet federal accountability standards. Period.

 

The federal Every Student Succeeds Act (ESSA) contains provisions to circumvent them. States are supposed to be given leeway about testing. They may even be able to replace them with projects or other non-standardized assessments. THAT’S what Wolf and the Pennsylvania Department of Education should be exploring – not half measures.

 

To be fair, the state Department of Education is attempting reform based on the ESSA. This year, the department introduced Future Ready PA, a new way of using test scores and other measures to assess school success. To its credit, The Index does place additional emphasis on academic growth, evaluation of school climate, attendance, graduation rates, etc. However, for my money it still gives far too much importance to standardized testing and test prep.

 

Like reducing the size of the PSSAs, it’s a positive step but won’t do much to get us to our destination.

 

Neither measure will have much impact on the day-to-day operations of our public schools. Districts will still be pressured to emphasize test prep, test taking strategies, approaches to answering multiple choice questions, etc. Meanwhile, critical thinking, problem solving, and creativity will still be pushed to the side.

 

Moreover, since schools and teachers will be assessed as successful or not based largely on these test scores, districts will be under tremendous pressure to give countless practice tests throughout the year to gauge how well students are prepared for the PSSAs. The state will still be providing and encouraging the optional Classroom Diagnostics Tools (CDT) tests be taken several times in reading and math throughout the year. Trimming off two days from the PSSA will affect that not at all.

 

In addition, today’s proposal only applies to the PSSA. While that assessment is important, the Keystone Exams given to high school students are even more so. According to existing state law, passing the Keystones in Algebra I, Literature and Biology are required in order to qualify for a diploma. However, that condition has yet to go live. So far the legislature has continuously pushed back the date when passing scores become graduation requirements. The Governor and Department of Education should be proposing the elimination of this prerequisite before anything else. Other than education funding and perhaps charter school accountability, it is the most important education issue before Commonwealth lawmakers today.

 

Don’t get me wrong. The Democratic Governor is somewhat hamstrung by the Republican-controlled legislature. Partisan politics has stopped lawmakers from accepting Wolf’s more progressive education measures.

 

Though Wolf has gotten Republicans to increase education funding by hundreds of millions of dollars during his term, K-12 schools still receive less than they did before the previous GOP governor’s administration. Moreover, there have been absolutely zero inflationary increases to keep up with the rising cost of doing business. Pennsylvania schools receive less funding – whether you adjust for inflation or not – than they should, and that has a real world impact on our public schools. Moreover, how that money has been allocated by the legislature still – even with our new better funding formula in place – benefits wealthy districts more than poor ones.

 

If you want to talk about accountability, that’s where the majority of the issue belongs.

 

And primarily it’s out of Wolf’s hands. One can understand why he is proposing changes where he can and trying to do whatever good is possible given the political climate.

 

Shortening the PSSA tests would benefit our students. It is a step in a positive direction.

 

However, it is far from solving our many education problems.

 

The biggest roadblock to authentic school reform is a legislature that refuses to do anything but the absolute minimum for our neediest students.

Bring Your Gun to School – Courtesy of the Pennsylvania Senate

 

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Next school year, I may be able to bring my gun to class.

 

The Pennsylvania state Senate voted 28-22 today to allow school employees like me to start packing heat.

 

Hooray!

 

My class sizes will be larger because of almost $1 billion in budget cuts the legislature couldn’t be bothered to heal over the last seven years. I’ll have to teach more sections because my district is bleeding money from charter school vampires that the legislature couldn’t be bothered to regulate.

 

But now I can be fully armed.

 

Priorities.

 

Bullets over books, I guess.

 

As a more than 15 year veteran of the public school system, I can’t wait to get back in the classroom wondering which of my fellow teachers, principals, custodians or rent-a-cop security guards is fully locked and loaded. I can’t wait until my elementary school daughter is finally protected by being in an adult’s daily line of fire.

 

This is going to make us much safer.

 

At my school, we fired a security guard for slamming a student’s head into the table. I’m sure having these folks armed will have no negative effects at all.

 

And the extra stress from added responsibilities being piled on my back will just make me more vigilant in case I need to take out my piece in class and chase away Black Bart with my Red Ryder, carbine action, two-hundred shot range model… uh… rifle.

 

Maybe I can get one with a compass in the stock and a thingie that really tells time, too!

 

Seriously, it’s hard to believe that grown adults actually voted on this ridiculous farce of a law. The only positive thing is that it still needs to be passed by the House and signed by the Governor.

 

Bad news: state Representatives just might be as stupid as their Senate colleagues. Good news: the Governor isn’t. There is less than a snowball’s chance in Hell that Gov. Tom Wolf is going to sign this piece of crap.

 

This is what happens when you have a Republican-controlled legislature and a Democratic Governor. The kids say they want nothing but candy for dinner and Dad says “No.”

 

Now, with a reality TV star con man in our highest national office, GOP-controlled state legislatures like mine all over the country have become emboldened to pass even worse excrement knowing full well that it has zero chance of ever becoming law. But at least they’ll prove to their gerrymandered Republican voting districts not to primary them with even further right leaning Tea Party mental defectives.

 

It’s a game of chicken with our most vulnerable residents held hostage in the middle.

 

You know, if lawmakers think that guns are such a great idea in schools, why don’t they make them legal at the state capital?

 

You can’t go in that building without passing through a metal detector. If you try to bring a gun in there, the best thing you can hope for is to be refused entry.

 

The same thing at Commonwealth courts, military bases, mental hospitals, prisons and even the security checkpoint at the airport.

 

And it’s pretty similar in most states. Certainly at federal institutions. You can’t take a firearm with you to visit your Congressperson – or on a tour of the White House.

 

Heck! Guns aren’t even welcome at Donald Trump’s political rallies, or most of his hotels, golf courses or other properties. Same at conventions held by the National Rifle Association and the Conservative Political Action Conference.

 

Gee. Why are so-called conservatives so darn concerned with making sure teachers are armed, but they don’t want to offer the same “protection” to themselves in government, at their businesses, rallies and places of leisure?

 

Why? Because it’s bullshit.

 

That’s why.

 

Most of them don’t really want guns in schools. They know it’s a terrible idea. They just want to look like they support it. Their propaganda networks spew out all this nonsense that they have to pretend to believe.

 

When they let protesters enter the capital building open carrying automatic weapons, THEN I won’t doubt their sincerity.

 

When they let Black Lives Matter activists strapping rifles across their shoulders into their rallies among the angry and confused hillbillies, THEN I’ll know how serious they are.

 

And when the upper crust private and parochial schools where they send their own children start arming their teachers, THEN I’ll believe them.

 

Until that day, I call bullshit on this whole ridiculous endeavor.

PA: Want to Get Rid of Keystone Exams? Then Let Us Evaluate Teachers More Unfairly

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It’s the classic Harrisburg switch.

 

Want something good passed by the legislature? Then let us pass something terrible – something you would never even consider unless something you cared about was on the table.

 

That appears to be the game being played by the Pennsylvania Senate Education Committee today as they consider SB 756.

 

On the one hand, the proposed bill would eliminate the state’s terrible Keystone Exams. On the other, it would force a new teacher evaluation system that is tremendously unfair.

 

Which one is more important?

 

The answer: both.

 

If lawmakers had any moral courage – and most don’t because they’re lawmakers after all – they would consider each of these measures one at a time on their own merits.

 

But if they did that, conservatives wouldn’t vote to help students by getting rid of unfair tests, and progressives wouldn’t vote to help corporations by installing unfair teacher evaluations. So they’ve apparently decided to compromise behind closed doors by putting both together in a huge omnibus bill.

 

Who knows what other treasures lurk in its pages!? Well if you have a limitless amount of time and energy, go ahead and read it!

 

THE GOOD

 

The bill would put an end to our costly, cruel and dishonest Keystone Exams. Not only would we no longer threaten to require these tests in Literature, Algebra and Biology as graduation requirements, but we would stop giving them altogether.

 

In their place to meet federal accountability regulations, the state would substitute the Scholastic Aptitude Tests (SAT), Preliminary Scholastic Aptitude Test (PSAT), armed forces exam, competency assessment or certificate for technical students, or Pennsylvania Alternative Assessment for students with special needs.

 

But perhaps the best part is that the bill makes explicit and generous provisions for parents to opt their children out of high school standardized tests altogether. In this case, students would NOT be required to take a substitute assessment.

 

Here is the exact language from the bill:

 

“A school entity’s governing board shall adopt a policy that provides that the parent or guardian of a student may request that the student be exempt from taking an assessment that is required for the purpose of Federal accountability as permitted under ESSA [Every Student Succeeds Act]. The policy shall provide that parents and guardians of students receive written notice of the option for a student to be exempt from taking the assessment and that the exemption shall be permitted upon the school entity’s receipt of a written request from the parent or guardian of the student. A substitute assessment or an alternative assessment, course or program may not be required of a student exempted under this section. Grounds for exemption in the school entity’s policy shall include, but not be limited to:
(1) Religious grounds.
(2) The basis of a strong moral or ethical conviction
similar to a religious belief.
(3) Philosophical grounds.
(4) Privacy concerns.
(5) Health concerns for the child, which may include stress and anxiety in preparation for the assessment.”

 

This is a huge improvement over our current opt out policy. At present, parents can opt out their children from the Keystone Exams but students must take an alternate assessment. This could include a project based assessment and not merely a standardized test. Also, it only allows these exemptions based on religious convictions. Parents needn’t explain these convictions in any detail, but this is the only option they are given with which to opt out.

 

The proposed legislation would go into effect during the 2018-19 school year, when the Keystone Exams would otherwise become a graduation requirement. Students would take the SAT or other assessment in 10th grade.

 

However, students in 3-8th grade would still be subjected to the Pennsylvania System of School Assessments (PSSA) tests. I assume parents could still opt out their children from these exams, but the wording is a bit murky there.

 

In addition, the law would require the state to establish a task force to reevaluate whether the Commonwealth should use the PSSA in the future and how to reduce the time it takes to give the assessment. If the task force concludes the PSSA is inappropriate, they must look for an alternative exam. They are required to issue a report in 6 months from passage of the bill.

 

This is particularly important since the PSSA has been rewritten to be closer to the Keystone Exam. It is Keystone Exam-lite. If the legislature is against the high school test, one would imagine they should be against a very similar test being given in elementary and middle school.

 

THE BAD

 

Despite all the good this proposed bill would do for our school children, it would drastically worsen the situation for our classroom teachers.

 

Half of a teacher’s current evaluation is based on classroom observations by district administrators. That just makes sense. The best way to tell if an educator is doing a good job is to observe what he/she is actually doing in the classroom.

 

This new system would reduce classroom observations to only 30% of a teacher’s annual score.

 

This would allow 10% to come from a “parental” score and 10% to come from “peer evaluation.” In a non-high stakes environment, input from both of these stakeholders is vital to a teacher’s success. But when you add that high stakes component, you pervert both relationships.

 

Having parents evaluate teachers puts them in kind of a touchy place. Teachers are required to push students to do their best. This requires them to often make calls home and ask for help from parents. If parents control a portion of a teacher’s evaluation, it incentivizes educators not to bother them with student misbehavior or failing grades. Instead teachers could be pressured to unfairly increase students grades or ignore misbehavior so as to better parental evaluations.

 

Moreover, peer observations can be extremely subjective when tied to teacher assessment. Administrators are discouraged from giving out distinguished evaluations to more than a handful of teachers. This incentivizes peers who are forced to compete for these few plum scores to unfairly suppress positive evaluations from their fellows.

 

But the worst is still to come.

The new evaluations require 50% of teachers’ evaluations to come from student growth and achievement measures. For math and English teachers, this largely means using standardized test scores to assess educators.

 

It’s a terrible practice that has been shown to be ineffective and downright damaging to student learning time and again. But it does help testing corporations by discouraging opt outs. Just imagine. If you have students who you think will score well on the tests but who may opt out, you are incentivized to discourage them from doing so. Otherwise, your teacher evaluation will drop.

 

This makes teachers the testing policemen. Learning doesn’t matter, only how well your students do on the tests. It dramatically tips the scale away from things the teacher has any control over. As such, it would cause serious harm to the quality of education students receive across the state.

 

CONCLUSION

We cannot support this bill in its present form. It should not go on to consideration by the full House and/or Senate. And if it somehow is passed by these Republican-controlled bodies, our Democratic Gov. Tom Wolf should not sign it.

 

This is unfortunate because there is much to like about it. However, you can’t save students from unfair assessments by forcing teachers to be evaluated by – drum roll please – unfair assessments.

 

This sets up an unsustainable and unfair relationship between students and teachers. It puts educators in the position of having to look out for their own interests and not those of their students. The interests of both should be interlinked, not separated. Teachers get into the profession to help kids learn – not to have to look out for an arbitrary score from their administrators that may require them to act against their students needs.

 

If legislators had any ethical fortitude, they would propose both of these measures in separate bills where they could be examined on merit. But I long ago gave up expecting such qualities from our politicians.

 

In my book, they almost all deserve a failing grade.

Report: Charter School Vampires Drain Traditional PA Districts Dry

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If you ever needed proof that charter schools harm traditional public school districts, look no further.

A new report by Pennsylvania’s Legislative Budget and Finance Committee concludes that these privately run but publicly financed schools often drain traditional public districts of funding.

The report conducted at the behest of the state House and Senate found that charter schools have attached themselves in some way to almost every district in the Commonwealth, but not equally. Half of the state’s traditional public schools suffer from 80% of the state’s charter parasites.

Moreover, 40% of traditional districts with “significant” charter enrollment are struggling to make ends meet. The reason: unfair state mandates about how traditional districts must pay their charter school hangers-on.

The report is based on interviews with 36 superintendents. A total of 29 of these leaders said charter schools hurt their districts. Only four superintendents mentioned any positive impacts at all.

Much of the damage comes from Pennsylvania’s insistence on funding charter schools out of traditional public school budgets. Instead of charter school money coming directly from the state, much of it comes from the traditional district where it has set up shop.

In effect, it’s like a leach sucking away money that could be going to traditional public school students. We’re one of only 13 states that does this.

It leads to many problems.

Chief among them are the state’s special education laws. Local districts are required to pay their charters extra money for special education students. But this additional funding isn’t based on the number of special needs students actually present in the charter school. It’s based on an arbitrary 16%. Local districts pay charters as if these schools had 16% special education students whether they do or not. This incentivizes charters to enroll less than 16% and pocket the difference.

It’s a system so corrupt that only one other state – Massachusetts – uses it.

We’ve always known the system allows for fraud. We just couldn’t prove it was actually taking place – until now. According to the Pennsylvania Department of Education (PDE), in the 2014-2015 school year alone, local districts gave roughly $294.8 million in special ed supplements to charter schools. However, actual charter expenditures on special ed were only $193.1 million.

That’s $101.7 million in profit for charter operators! Ca-ching!

It’s also more than $100 million set aside to educate children that’s not being used for that purpose!

But that’s not the only way charter schools are sucking out local districts’ finances.
Times are tough. Money is hard to come by. If a district struggles to pay its charter schools, the state steps in and withholds the amount of money due to the charter schools from the state funding it would normally send the district – and sends that money directly to the charters instead.

In effect, the state ensures charters are fully funded, while local districts are left to struggle.

And to make matters worse, when charters file a complaint, the state doesn’t even verify if it’s true. The state doesn’t check to see if the district actually did pay its charters or not. It just withholds whatever money charter operators say they’re owed.

Local districts can appeal overpayments to charters. Right now there are 317 general appeals pending for a total of nearly $30 million in disputed funding – half of which is from Philadelphia, alone!

Nor is this the only area where charters are given preferential treatment. When a charter school attaches itself to a traditional public school, that traditional district must pay to transport kids to the charter school – but it is not required to provide transportation to its own students.

Pennsylvania is one of only 11 states to require transportation to charter schools.

But that’s not the worst of it.

PA charter report

Now we come to cyber charter schools – the Count Draculas of the charter world.

The report estimates an additional $100 million in overpayments to cyber charters because of state law that overestimates their expenses. They are collecting much more money than they need to operate. They don’t have the same costs as brick-and-mortar institutions.

Cyber charter school students are given a computer and internet access. That’s about it. No costly building to run. Students usually do their lessons at home. Even when taking into account cyber charter staff, expenses are much lower than at other kinds of schools yet they are calculated without consideration of these differences.

Once again, state tax dollars that could be used to educate students become pure profit for charter operators. It is businessmen who win and students who lose.

The legislature used to acknowledge the burden charter schools put on local districts. The state budget used to include a line item reimbursing local districts for a percentage of their payments to charters. In 2010-11, that was $225 million. However, this money disappeared during the Gov. Tom Corbett administration when Republicans gained control of the legislature and prioritized tax cuts over charter school relief.

Though Corbett was defeated by Democrat Tom Wolf for the governorship, the legislature is still controlled by Republicans and the charter school reimbursement remains a distant memory.

But perhaps this new report signals a change in policy.

It contains several suggestions to fix Pennsylvania’s broken charter school laws. These include:

  • Permitting school districts to negotiate charter per pupil payment rates and methods.
  • Eliminating mandates for transportation that are inconsistent with services offered for district-operated schools.
  • Requiring the state to check with local districts when charter schools complain of underpayment.
  • Requiring greater transparency and fiscal accountability addressing problems like shell ownership, leasing, state payments, and conflict of interest policies.
  • Allowing audits of charter school funds.
  • Prohibiting the guaranteeing of loans where there is no direct school involvement.
  • Requiring charters to submit financial records for the district to review.
  • Requiring parents who place students in charters to first register with the local school district and then notify the district of changes in status.
  • Eliminating public school districts’ responsibility for charter school compliance with compulsory attendance requirements.

However, perhaps the biggest game changer is how charters set up shop in the first place.

Right now when charter operators want to open a school in a local district, the local school board gets to say yea or nay. However, school directors aren’t allowed to consider how this will financially impact the district. The report suggests this be changed; Districts should be allowed to approve or deny charters based on dollars and cents.

Currently local school directors are forced to approve charters that they know will hurt their students. This change would require charters to be equal partners with traditional districts or else be blocked. In effect, it would transform them from parasites to symbiotic organisms.

And as luck would have it, there are already two separate but similar bills that have been introduced that propose many of these changes.

One (Senate Bill 670) was introduced by Sen. Jim Brewster (D-McKeesport). The other (Senate Bill 198) was introduced by Sen. Vincent Hughes (D-Philadelphia). Brewster’s bill would “realign and redefine how local school districts, charter schools, students and taxpayers interact.” Hughes’ legislation would “provide local school boards with the tools to better oversee charter schools in their school districts.”

Charter school reform is something that members of both parties have expressed interest in. However, until recently Republican efforts at it have been light on reform and heavy on destructive means to further deregulate an already dangerously unregulated industry, thus worsening the problem.

Charter support has been strongly bipartisan. Champions of this new report claim that these suggested reforms aren’t anti-charter. They’re an effort to make both charters and traditional public schools work together instead of against each other.

Time will tell whether lawmakers are willing to do so.

Given the large donations received from the charter industry to lawmakers on both sides of the aisle, true reform may be difficult.

But at least we now have a state-sanctioned report to point to when referencing the multitude of problems associated with the industry.

Charters have been officially recognized by the state as parasites.

Will lawmakers do something to stop that unending sucking sound?

PA Senate Regulates Union Political Spending But Not Corporate Political Spending

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In a display of blatant hypocrisy, the Pennsylvania state Senate voted yesterday to further regulate labor unions political spending but not that of corporations.

 

By a vote of 28-22, the Senate passed a bill blocking government agencies from deducting union dues used for political activity from employees’ paychecks.

 

Even though six Republicans joined all Democrats in opposing SB 166, it now goes to the state House for consideration.

 

Typically only about 10 percent of union dues are used in politics. These are voluntary contributions employees ask to be deducted from their pay for lobbying in their own interests. Like contributions to the United Way or other charities, it’s an issue of convenience for employees but poses no significant burden on employers.

 

However, businesses such as insurance companies, big banks and financial companies also are involved in politics. Shouldn’t their spending be subject to similar controls?

 

Apparently not, according to Senate Republicans.

 

Leading Democrat Sen. Jay Costa (D-Forest Hills) proposed an amendment to the bill that would have put similar regulations on corporations in the state. It was defeated by a party line vote of 16-34.

 

Costa’s amendment would have required corporations that are organized in the Commonwealth to get shareholders consent before spending any more than $10,000 a year on politics.

 

It was a common sense measure meant to ensure that CEOs and board of directors are acting in the interests of their shareholders. However, Senate Republicans turned it down while ramping up restrictions on working people.

 

State Republicans have made it clear that the problem is not political spending. It is political spending by labor unions. It is political spending that more typically goes to the opposition party.

 

They don’t care how corporations participate in the political process. They only care about unions, which historically vote against Republicans.

 

It is impossible to conceive that political considerations played no part in their decision. After all, corporations are much more likely to donate to members of the GOP than they are to Democrats. Republicans can talk about liberty all they want, but voters know this is all about protecting contributions to the GOP while weakening such revenue streams to Democrats. Otherwise, why not level equal regulations for both parties?

 

Getting money out of politics is a noble goal. But that’s not what this is. It is about getting the opposition party’s money out while keeping bags of gold doubloons for you and yours.

 

The measure could just as easily sail through the House, which also has a hefty Republican majority. Pennsylvania is one of the most extreme examples of gerrymandering in the country, with many more Democratic votes being cast yet having a GOP majority in the legislature. However, it is doubtful Democratic Gov. Tom Wolf would sign this bill even if Republicans ram it through. So it’s prospects of being enacted are dim.

 

The measure would force unions to collect any dues or contributions on their own to fund get-out-the-vote efforts, lobbying or voter registration drives. Fortunately, it would still permit union deductions for non-political activities such as collective bargaining and grievances.

 

The bill is sponsored by Sen. John Eichelberger, (R-Duncansville) one of the most virulent anti-education lawmakers in the state. Eichelberger hasn’t seen a measure that harms school children, teachers or unions that he hasn’t written, himself, or at least supported. He is the architect behind Senate Bill 229, a measure that would strip teachers of sick days, bereavement leave and sabbaticals. The bill would make teachers bargain with their individual districts for any kind of leave.

 

Eichelberger is infamous for getting into verbal and digital confrontations with teachers at Altoona Area High School.

 

In one particular battle, a teacher allegedly yelled at the fiscally conservative state Senator for jogging during working hours, between 9 am and 5 pm. He also berated Eichleberger – a vocal critic of teachers’ pay scale – for the lawmaker’s own large salary.

 

A salary database on Open Pagov.org states the Altoona teacher makes just over $43,000. Eichelberger’s salary is $85,339, according to a state website.

 

For his part, Eichelberger wrote a letter to the district superintendent complaining that teachers were sending him derogatory emails during school hours.

 

The state Senator has turned this spat into public policy positions. Both he and Senate Republicans got a pat on the back from their corporate masters at the far right Commonwealth Foundation for the passage of the union regulation bill.

 

Once again, Republicans have targeted teachers, nurses and public safety workers, while championing corporations. No wonder union members rarely vote for the GOP.

Why Are So Many Democrats Behind Backdoor School Voucher Expansion in Pennsylvania?

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Democrats are supposed to be liberals, progressives.

 

That means upholding the Constitution and the Separation of Church and State.

 

So why are so many Pennsylvania Democrats sponsoring an expansion of the state’s de facto school voucher bill?

 

A total of 11 out of 84 sponsors of HB 250 are Democrats. The bill would expand the Educational Improvement Tax Credit (EITC) and Opportunity Scholarship Tax Credit (OSTC) programs.

 

The Commonwealth already diverts $200 million of business taxes to private and parochial schools. That’s money that should be going to support our struggling public school system.

 

The new bill would add $50 million to each program for a total of $100 million more flushed down the drain.

 

Pennsylvania has a budget deficit. We’ve cut almost $1 billion a year from public schools. We can’t afford to burn an additional $300 million on private and church schools.

 

 

We expect Republicans to support this regressive nonsense. Especially in gerrymandered Pennsylvania, they’ve gone further and further right to please their Tea Party base and avoid being primaried.

 

But the few Democrats left in the House and Senate are likewise in districts that would never vote Republican. You’d expect them to get more and more progressive. Instead, even here we see them taking steps to the right!

 

Democratic sponsors of the bill are almost exclusively from the state’s urban centers – Philadelphia and Pittsburgh.

 

They are:

 

Vanessa Lowery Brown (Philadelphia County)

Donna Bullock (Philadelphia County)

Dom Costa (Allegheny County)

Daniel J. Deasy (Allegheny County)

Michael J. Driscoll (Philadelphia County)

Jordan A. Harris (Philadelphia County)

William F. Keller (Philadelphia County)

William C. Kortz II (Allegheny County)

Joanna E. McClinton (Delaware & Philadelphia County)

Harry Readshaw (Allegheny County)

Mark Rozzi (Berks County)

 

These corporate tax giveaways are based on the premise that our public schools are failures and that students must be rescued from them. The Commonwealth has developed a list of approximately 400 “failing schools” and created a voucher-like system allowing students living near them to take public taxpayer money to go to private and religious schools. Students can also go to another public school in a different district, if they will accept them. However, few public schools take part in the program because school boards know it’s just another attempt to weaken their districts.

 

How does the state define a “failing school”?

 

Partially it’s based on standardized test scores. Districts with the bottom 15% of reading and math scores on the Pennsylvania System of School Assessments (PSSA) and Keystone tests are supposed to earn this label. However, the state has been notorious for including districts that actually are making academic progress.

 

Since low test scores are highly correlated with poverty, that’s the real indicator. If you live in a poor enough district, you’re probably eligible.

 

What about charter schools?

 

It’s funny you asked. Though they often have subpar test scores, they rarely are included on the state’s list of “failing schools.” They even exclude most of the state’s execrable cyber charter schools. The Center for Research on Education Outcomes (CREDO) at Stanford University found that students in every single Pennsylvania cyber charter school performed “significantly worse” in reading and math than their peers in conventional public schools. But somehow that’s generally not failing enough to earn you a voucher-like tax credit.

 

How can we tell that students at private and parochial schools are doing better than those in public schools?

 

We can’t.

 

The scholarship organizations have no auditing requirements and almost no reporting requirements. Moreover, private and parochial schools don’t have to take the federally-mandated standardized tests! So there’s no way to do an apples-to-apples comparison!

 

But here’s the best part. The EITC law prohibits state administrators from requesting any information related to academic achievement. You’re not even allowed to ask!

 

However, the law goes out of its way to remove regulations on how these tax dollars are spent. For instance, schools taking these tax credits can spend as much as 20% of the money to cover pure administrative costs.

 

Yet the public schools are still responsible for many of the costs of students living in their attendance areas but who use these de facto vouchers. For instance, there’s no limit to how far away an EITC student can go with their publicly-subsidized scholarship. But the student’s home district is legally obligated to provide transportation for up to ten miles.

 

Vouchers have been repeatedly defeated on every referendum held on the subject in the entire country. One of the reasons people have been up in arms against Donald Trump’s nomination of Betsy DeVos as U.S. Education Secretary has been her support of vouchers.

 

What do voters have to do to tell legislators that they don’t want school vouchers – no matter what you call them? What do voters have to do to show that they support our public school system – a system that despite being underfunded and weighed down with corporate education reforms remains one of the best in the world?

 

And when will Pennsylvania’s Democrats start acting like Democrats on the subject?

Pennsylvania: No School Property Tax for the Rich, Poor Still Pay

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Eliminating property tax to fund public schools sounds like a great idea!

Until you read the fine print.

Because what Pennsylvania legislators are proposing won’t actually eliminate property taxes – unless you’re rich.

And it won’t ensure students get the funding they need.

And it will limit school boards’ local control.

But it will benefit the rich and big corporations, which is really the only reason we’re talking about it – AGAIN.

Let me break it down for you.

First, the bill being shopped around is called the Property Tax Independence Act or SB 76. It would get rid of all property taxes used to fund public schools and replace them with increases in sales and income taxes.

Somehow these increases would need to generate an additional $12 billion a year in revenue so that we can keep funding our schools at the present level. That’s some tax increase – and guess who’s going to pay the bulk of it – YOU.

Guess who’s not going to pay much of it – the huge corporations who used to pay property taxes on all those commercial, industrial, oil and gas properties.

This is a huge giveaway to big business, and it’s a substantial hike for regular Commonwealth citizens like you and me.

But that’s not all!

If you live in a poor school district, you’ll still have to pay property taxes. That’s right – if your district is in debt, you’ll still get a property tax bill to pay it off.

Considering that the state cut almost $1 billion a year in school funding for the past 6 years and that most districts have had to go into debt, increase taxes or both, you’re probably not going to see your property taxes go away anytime soon.

They might go down up to 40%. Or they might not go down at all. AND you still have to pay higher sales and income taxes.

But here’s the best part.

Pennsylvania has the dubious distinction of being the national leader in unfair school funding.

We spend 33% more money on our rich students than on our poor ones. That’s the greatest disparity in the entire country!

And that’s saying something in a nation where spending more on wealthy kids is the norm.

However, this new bill won’t do anything to change that. In fact, it will lock-in that disparity.

Rich districts that today spend $23,000 per student will still spend $23,000, and poor districts that today spend $8,000 per student will still spend $8,000. But instead of your tax dollars going to the kids in your community, they’ll go to the state to be distributed everywhere. This means folks living in poor neighborhoods will probably be paying higher taxes so that they can fund the wealthiest kids. Likewise, rich parents will probably pay less while the difference is made up from taxes collected from the poor.

Call me crazy, but that just isn’t fair.
Finally, it takes away a lot of the local control from your local school board.

At present, if your local district has needs, your board can meet them by raising taxes. But under this bill, the only entity that can do that is the legislature.

I know, I know – your taxes are already too high. But the issue is who is more suited to making that decision – Harrisburg or your own community?

This bill is nothing new. Legislators have been trying to sneak it through for years.

Back in 2015 it passed the House but was defeated in the Senate when the Lt. Governor cast the deciding ballot against it. In 2013, it almost passed as an amendment to another bill, but the nonpartisan Pennsylvania Independent Fiscal Office ruined it by projecting a $1 billion shortfall within four years if it were passed.

However, the makeup of the Senate has changed. Now we have two new members who campaigned promising to pass this legislation, so it might actually squeak through.

The bill is being shopped around by state Sen. David Argall (R-Schuylkill/Berks) who authored it along with the Pennsylvania Coalition of Taxpayer Associations.

This group claims to be a simple citizens organization made up of 87 nonpartisan tax-conscious advocacy groups. But a quick look at the names of these organizations includes multiple uses of terms like “patriot,” and “freedom,” and “liberty,” and “conservative,” and “tea party.”

Nonpartisan, my butt!

Moreover, the stated goal of the group is just to pass this legislation.

That’s not a group of concerned citizens. It’s almost a PAC!

The organization has even endorsed candidates – some of them noted progressive Democrats like state Sen. Andy Dinniman (D-West Chester) and James Brewster (D-McKeesport), who both voted for the legislation in 2015.

To make it even more complex, the authors of the bill have a point. Property taxes are a terrible way to fund schools. They ensure that some districts will be better funded than others based on the local wealth of the community.

However, this bill does nothing to fix the inherent problems for children or poor and middle class communities. It compounds them.

Ironically, Gov. Wolf proposed a compromise solution two years ago with his first budget. He suggested reducing residential property taxes by $3.8 billion, targeting the biggest cuts for the neediest taxpayers and neediest schools. Moreover, he proposed increasing funding to the most impoverished districts so they could catch up to the well-funded ones.

But Republicans, who control both houses, refused to even consider it.

So here we go again. We have another Trojan Horse proposal. A good idea has been twisted and bastardized so that it serves the wealthy and private enterprise while doing irreparable harm to children and the poor. And even though it is an example of far right ideology, it has received bipartisan support.

Gov. Wolf is set to propose his new budget sometime this month. Sen. Argall is expected to reintroduce SB 76 during the subsequent budget negotiations.

It is a piece of zombie legislation that no matter how fetid and rotten just refuses to die. But this time, it just might bite us.

PA Legislature Plans Taking Away Teachers’ Sick Days

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Dear Pennsylvania legislators:

So now you want to take away teachers’ sick days.

Sabbatical, sick days, bereavement leaves – the Senate Education Committee voted 7-5 to strip them from the law and make teachers bargain for them with their districts.

So the next time I get sick, you don’t want to guarantee I can take the day off. If my mother dies, you don’t want to protect my right to attend her funeral.

The full legislature still has to vote on it, but that’s pretty cold.

Which brings me to my first question: Why do you hate public school teachers so much?

Seriously. What did teachers ever do to you? Did we give you a bad grade when you were kids? Did we give you detention? What did we ever do to earn such animosity?

You obviously must have something personal against teachers.

It’s understandable. Even though the majority of Pennsylvanians voted for Democrats, most of you are Republicans. You have gerrymandered the state so that you artificially have the majority, and as such you must espouse the most radical positions possible. Otherwise, you’ll be primaried by someone even farther right – a Tea Partier, a plutocrat, an anarcho-capitalist, a fascist.

We see the same thing playing out nationally. Hello, Donald Trump!

So it’s no surprise that after stripping public schools of almost $1 billion every year for the past five years, after tens of thousands of teachers have been laid off, after you’ve given away millions of dollars to private corporations to run fly-by-night charter schools or through tax credits to religious schools – well, it’s no surprise that you feel the need to continue the war on teachers.

It’s paying off for you big time.

Not so much for our school children. They have had to deal with increases in class size, narrowing of the curriculum, reductions in extra-curriculars, cuts in tutoring – just about every deprivation imaginable.

I wonder – do you realize that every attack against teachers is also an attack against students? Making sick teachers come to school won’t improve kids’ educations. Forcing educators to choose between work or seeing their loved ones off to their final resting places won’t boost test scores. Do you understand that or do you just not care?

Follow-up, if I may: do you realize that most public school teachers are women? Does that factor in at all? Which do you hate more, the gender of most teachers or the fact that we are unionized?

Oh, and Pennsylvania School Boards Association, don’t think we’ve forgotten you. We know you requested this mess, Senate Bill 229. Instead of standing with your teachers to fight for fair, equitable, sustainable funding, you’ve decided to ask the legislature if you can stiff teachers to make ends meet. We’re there for your kids everyday, and this is how you thank us. That’s gratitude.

It’s what we get for being one of the last workforces to be unionized. We have the temerity to demand fair treatment. You can’t just do whatever you like with us, you have to actually sit down with us at the bargaining table and talk.

Legislators, we know it’s something that infuriates your base. No, I don’t mean the people who vote for you. I mean your real base – the corporations, millionaires and billionaires who pay your real salaries – the unlimited and shadowy campaign contributions that, let’s be honest, are really nothing less than legal bribes.

We shouldn’t be surprised that you have prioritized taking away legal protections for teachers’ sick days. It is quite in line with what you want to do to the profession. You no longer want highly qualified teachers making a middle class income who then can stay in our schools for their entire careers. You want lightly trained temps who use teaching as a stepping stone to a job that pays enough to live.

After all, if we afford teachers the status of professionals, they might actually be able to jump all the other hurdles we’ve put in front of them and educate the poor.

That would be terrible.

Despite all the standardized testing, Common Core, value-added measures, budget cuts, and constant propaganda about “failing schools,” they might actually teach these kids to think. That’s the last thing you want.

A thinking public might see how much you’re screwing them over. They might actually rise up and fight. They might refuse to accept the status quo that you are so desperately trying to protect.

That’s your real endgame. And though it makes me sick, I suppose I will no longer be able to take off.

I’ll just spend the day, coughing and wheezing with the children.

Yours,

Steven Singer

The Gadfly on the Wall

School Privatization Turns Business Into Predator and Students Into Prey

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The mother sea turtle struggles to shore to lay her eggs.

 

A typical clutch includes anywhere from 50–350 eggs, which the mother hides under the sand. Her sole contribution to their future complete, she swims away.

 

They incubate underground for 50-60 days. Then just at dusk, the tiny sea turtle hatchlings emerge and struggle their way to the waiting sea and surf.

 

Well they try to get to the sea. Most of them don’t make it.

 

Predators are always lurking in the shadows to pluck up these movable hors d’oeuvres. Sea gulls, crabs, small fish – all are waiting to enjoy a meal of fresh baby sea turtle.

 

It’s estimated that only 1 in 1,000 hatchlings survive into adulthood.

 

Is that really the model we should be using for our public schools?

 

Because – make no mistake – it is exactly the kind of thing the market-driven model of education is based on.

 

The idea goes something like this: schools should be run like a business. Parents and students should choose between educational institutions, which would then compete for their budget allotments.

 

Some schools would thrive but most would fail – just like in business, athletics or other competitive pursuits. And while these fledgling schools struggle to make ends meet, predators will be waiting in the wings to benefit from their failure and perfidy.

 

To be fair, it’s a model that works well in many circumstances. In business, it ensures that only the best enterprises stay open. In sports, it translates to athletes striving to give there all to prove superiority over competitors.

 

But if we look at it through clear eyes, it’s obvious that this is really just the same as baby sea turtles struggling to get to the ocean. Many will compete. Few will win.

 

That’s a terrible way to run a school. Think about it.

 

We don’t want only our best students to get an education. Nor do we want only our best schools to provide one. We want all schools to provide the best education possible to the highest number possible. Clearly some schools will be better than others. That can’t be helped. However, we can maximize the quality of the education each provides. We can ensure that none fail.

 

That isn’t what the market-driven approach does. It forces schools to compete for their very existence. They have to spend a considerable amount of time and money attracting students to enroll. That’s time and money that doesn’t go to education. It goes to advertising.

 

Moreover, any school that attracts a surplus of students can choose which ones its wants to enroll. The choice becomes the school’s – not the parents’ or students’. In fact, administrators can turn away students for any reason – race, religion, behavior, special needs, how difficult it would be to teach him or her. This is much different from traditional public schools. There, any student who lives in the district may attend regardless of factors such as how easy or difficult he or she is to educate.

 

Another major change with this approach is how these schools will be run. Many of these institutions will be operated privately without the input of a duly-elected school board, without transparency for how they spend tax dollars, without even the guide rails of most regulations.

 

Like in the charter school sector, these schools will get almost free reign to do whatever they want. And we can see the results of this bold experiment already. The predators are lining up to make a meal of their students.

 

Corporate interests offer to run charter schools while cutting services and increasing profits. In fact, administrative costs at charter schools are much higher than at traditional public schools. Students lose, the market wins.

 

Moreover, many charter schools provide a sub-par education. To put it more bluntly, they do things that would be impossible for public schools to do. One in Philadelphia literally transformed into a nightclub after dark. Another funneled profits into the CEO’s personal bank account to be used as a slush fund to buy gifts and pay for rent at an apartment for his girlfriend. Another CEO used tax dollars to buy a yacht cheekily called “Fishin’ 4 Schools.” A study found that cyber-charters provide almost less education than not going to school at all. Even brick and mortar charter schools can close on a moments notice leaving students in the lurch.

 

It’s a Darwinian model made to benefit the predators, not the prey. It’s a boon for any unselfconscious businessman who doesn’t mind getting rich stealing an education from children.

 

By contrast, our traditional public schools are modeled after something else entirely. Instead of offering various kinds of school competing with each other, they provide one basic type that is shielded from predation.

 

In short, public schools are modeled after primate childcare practices – not the egg-laying habits of reptiles. Primates usually have a very limited number of offspring per pregnancy – often just one. Unlike sea turtles, they don’t just lay their eggs and leave their offspring to their own devices. Primates provide excellent care and nurture for their child making sure it is safe from those that would hurt it.

 

This is exactly what public schools do. They provide one basic kind of school. The public gathers twice a month with an elected school board to decide how the school should be run. Most functions of the school are open to public view as are expenditures, documents, etc. And there are regulations that stop the most extreme practices that put students at risk.

 

Public schools aren’t perfect. Neither are primate parents. But the model is child-centered where the goal is all about what’s best for the next generation – every member of that generation.

 

In short, the entire debate about school choice really has little to do with choosing this or that school. It’s about choosing a style of education – public or private, primate or reptilian, one that favors prey or predator.

 

Deep down, the public knows this. That’s why school vouchers have never passed a public referendum despite obscene spending from advocates. That’s why the money behind school choice is almost entirely from the same would-be predators who would benefit from opening our tax dollars and our children to such harm.

 

The media churns out the myth of failing schools and this has had a damaging effect on public perception of public education in general. However, when you ask people about their neighborhood school, opinion is generally high. People like their schools the way they are. Ninety percent of American students attend public school and that’s just the way we like it.

 

We aren’t about to take a chance on a system that instinctually reminds us of neglect. For school choice advocates, it really comes down to ideology. They hate anything public. They hate government in all its forms and wish for the freedom to do as they wish.

 

They wish for the freedom to be a predator – a predator of children.