An Originalist Reading of Public Schools

Let’s say you went to a restaurant and ordered a big ol’ meat sandwich only to find nothing but straw between two pieces of bread.

“Waiter!” You say, calling over a server.

“What’s wrong, Sir?”

“There’s no meat in my sandwich.”

“Oh, Sir?” He says smiling, examining your plate. “Here at Scalia’s Bar and Grill we adhere to a strict originalist interpretation of language.”

“What does that have to do with my sandwich?”

“Well, Sir, in Old English ‘meat’ meant any solid food, anything other than drink. As in ‘A Journey to the Western Islands of Scotland’ (1775), Samuel Johnson noted, ‘Our guides told us, that the horses could not travel all day without rest or meat.’”

“But that’s not what I ordered!”

“Oh yes it is, Sir. You ordered the meat sandwich. Enjoy your fresh hay and oats.”

In everyday life, you wouldn’t put up with that kind of nonsense.

But for some reason, far right ideologues think it’s exactly the right way to interpret the U.S. Constitution.

The meanings of words change over time.

But ignoring that fact allows disingenuous crackpots to sweep over centuries of judicial precedent in favor of what they pretend to THINK the words meant at the time the law was written.

It’s not even about what the writers of the law SAID it meant. It’s about what today’s justices decide some hypothetical average Joe of the distant past would take certain words to mean.

The most obvious example, according to Pulitzer Prize winning historian Joseph Ellis, is District of Columbia v. Heller, 554 U.S. 570 (2008), which reversed 200 years of precedent on gun regulations.

Before this ruling, the Second Amendment was interpreted to be referring only to service in the militia. The Militia Act of 1792 required each able-bodied male citizen to obtain a firearm (“a good musket or firelock”) so he can participate in the “well regulated militia” the Amendment describes.

It was about the obligation to serve your country, not the right to own a gun. However, Supreme Court Justice Antonin Scalia – the most infamous proponent of judicial originalism – orchestrated the majority opinion in this case changing all that. By doing a thought experiment about what words might have meant in the 1700s, he papered over two centuries of established law. He was so proud of it that he even described it as “my masterpiece.”

THAT’S judicial originalism.

And now that Scalia fanboy and federal judge for not even three whole years, Amy Coney Barrett, is being rammed through Senate Confirmation Hearings, that preposterous ideology is about to have another proponent on the highest court in the land.

Just imagine if we interpreted everything like people living in the 18th Century!

Black people would lose any semblance of equal rights even being forced back into slavery.

Women couldn’t get checking accounts, their own healthcare, make decisions about their own bodies, even vote (least of all hold positions on the Supreme Court).

And our public schools wouldn’t even exist!

After all, there was no widespread, comprehensive system of public education in the country before John Dewey championed it in the 1930s.

Sure, Presidents Washington, Adams, Jefferson and Madison all spoke at length about the importance of education to a free and just democratic society.

But remember, originalists don’t care about the writer’s intent. They only care about what regular people would understand by the terms. And regular people wouldn’t even understand the words “public” and “school” used together as a single concept at the time.

The first school that opened in what would become the United States was The Boston Latin School in 1635.

Its mission, and that of other colonial schools, was not to teach academics like math and literacy. It taught religion, family values and community spirit kind of like many parochial schools today.

Moreover, most schools were for boys only. If they deigned to teach girls at all, they taught them how to read but not write. No reason to give people a voice who weren’t seen as worthy of being heard.

Academics didn’t become something schools were responsible for until the mid-1800s. And even then, how they went about achieving it differed greatly from region to region of the country.

In the South, education rarely had anything to do with anything we’d call a school today. Rich families paid private tutors for their children. Everyone else was expected to work as soon as they were able.

In fact, it wasn’t until the Civil War ended and the Reconstruction era began when public schooling really became a thing in the South.

And even when it did, it didn’t look much like our schools of today. These were often one-room schoolhouses where a single teacher tried to educate children of various ages, grades and abilities.

Moreover, these schools weren’t solely supported by taxes – if at all. These Common Schools were more like private or parochial schools of today. Parents paid tuition, provided housing for the teacher, or contributed other commodities in exchange for their children’s education.

Even then, the learning students received wasn’t nearly as comprehensive as our kids routinely expect in even the most under-funded urban public schools today. And special education services was non-existent. Kids with special needs were routinely left out of education altogether.

Only 31 states passed laws requiring children to go to school by 1900, and kids only went from age 8-14. It wasn’t until 1918 that every state even required elementary school.

But let’s not forget segregation.

It was the law of the land until Brown vs. Board in 1954, and even then it took until the late 1970s to become even moderately enforced.

Subsequent rulings have weakened school integration efforts to such a degree that today many districts are as segregated – if not even more – than they were in the 1950s.

Just imagine if Barrett gets together with the wingnut Republican majority on the court to reevaluate that ruling!

Imagine how many centuries of slow progress she could overturn by appealing to the common man – of 1776.

Imagine if she and the regressive right examined free speech cases! After all, many of these laws were written during the time of the Adams Administration’s Alien and Sedition Acts which radically cracked down on free expression.

We could expect a rush to return to the mire and muck that many of our enlightenment heroes were trying to escape in the first place.

But originalists like Barrett claim only they can interpret what the language in these laws originally meant. Yet their training is in law, not literacy or antiquity. They’re not linguists or historians. They don’t have some shortcut to what people used to mean by these words. They’re just playing with the language to make it mean what they want it to mean so they can rule however they so choose.

Even if they could figure out the original meaning of the words in these laws, that doesn’t guarantee it would make sense in today’s world. How, for example, do the founding fathers views on medicine have anything to do with today’s healthcare system that didn’t exist in the 1700s and that the founders couldn’t even comprehend? How do the founders views on gun rights relate to today’s firearms when they knew only of muskets and not automatic weapons?

Finally, why should we give preference to antiquated ideas over modern concepts? The laws of yesteryear may have been suited to the days in which they were written. However, if a law cannot grow to encompass the world as it exists, it has no right to continue to exist.

Judges are not supposed to overturn precedent based on lingual folderol. They’re supposed to uphold the law based on logic, reason and sound judgement.

Any judge that disagrees has no place in our courts.

It’s ironic that such degeneration would come from the Republican Party.

After all, the GOP platform is certainly different today than it was when Abraham Lincoln was sworn in as their first President.

They used to stand for abolitionism, immigrant rights and progressive values.

Now they’re the party of plutocrat neofascist Christian fundamentalism.

If anything were to revert back to its original meaning, I wish it were the Grand Old Party, which is now neither grand, barely a party and merely old.


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Trump Has COVID. What That Means For Public Schools

It had to happen eventually.

Donald Trump, the ultimate science denier, got bit in the butt by science.

He’s got Coronavirus, and is in Walter Reed National Medical Center fighting for his life.

Apparently the virus isn’t a hoax.

You don’t catch it by testing for it.

You don’t treat it with hydroxychloroquine.

It’s a global pandemic, and the only way to fight something like that is with rationality and logic.

You have to wear a face mask, dumb-ass.

You have to practice social distancing.

You can’t just reopen the economy and pretend that this won’t cost hundreds of thousands of lives.

You can’t steamroll over more than 200,000 Americans lost simply because most are elderly, poor and/or brown skinned. And they don’t matter to you.

Eventually your ethos of pretending to be what a weak man thinks a strong man is evaporates into thin air.

Your entire persona is as fake as your elaborate combover.

The lady’s man who has to pay for sex.

The billionaire who’s broke.

The stable genius who refuses to believe the facts.

And while there is a certain poetic justice in this buffoon getting a taste of his own medicine, its ramifications for our country will be dire indeed.

With only four weeks before the election, no one can predict what the outcome will be politically.

Will he live? Will he die? Will this mean a boost for his opponent Joe Biden? Or will people wrap themselves in the flag and come to his side?

No one knows.

But one thing is undeniable – we cannot continue to live this way.

The reality tv rollercoaster must stop, its constant flood of outrages, disasters and season finale moments!

Being a public school teacher, I see its impact on education most clearly.

Long before Trump went from being a clown to a contender, policymakers tried reforming our schools with only wishful thinking and a marketing plan.

High stakes testing, charter schools, voucher plans, value added measures, Teach for America – whether proposed by Democrats or Republicans, it is all nothing but science denial wrapped in a stock portfolio.

These are the ways Wall Street has cashed in on schools pretending to be saviors while hiding the reality of their vulture capitalism.

And Trump has been no different.

Except that his instrument – billionaire heiress Betsy DeVos – made it harder to deny.

She barely even tried to pretend to be anything other than what she is – an unimaginative opportunist dead set on destroying the public in public schools.

Now that her spray tanned master has – through inaction and ineptitude – unleashed a plague upon the nation, our students are suffering worse than ever.

Many schools are shuttered from sea to shinning sea, their students forced to learn via the Internet.

Others are open part time while trying desperately to make shrinking tax revenues pay for the quantum leap in costs to even pretend to keep people safe in their buildings.

In some places, the adults don’t even do that much and just try to run a full day schedule, rolling the dice as outbreaks appear at every turn.

In a few places, the virus is under control and schools function almost as normal – though the fear that one infected child could change all that sits in class with every student and teacher.

Nowhere is there uniformity.

Nowhere is there consensus.

Nowhere do we all admit the simple truth – in areas of moderate to high infection, online learning is the best that can be done to balance safety with academics.

Instead, leaders deify choice – letting us decide between these different models – without a basic understanding of citizenship, governance or economics.

That, I think, is what must change.

After all, if the virus can reach the most powerful person in the world if he doesn’t take adequate precautions, it can get your kids, too.

So now that Trump is receiving an experimental antibody cocktail that would not be available to you or me to fight the disease, we can no longer pretend that personal choice is the answer to every problem.

Freedom is a wonderful thing and should be preserved as much as possible.

But your freedom ends where mine begins.

Your choice not to wear a mask in public increases the infection rate in my community. Your decision to eat in a restaurant, go to a bar or spend a weekend at an amusement park puts not just you and your family at risk, but me and mine as well.

And if you send your child to a school building in an area of moderate to high infection rates, you are increasing the likelihood that someone I care about will get sick and perhaps die.

We have both rights and responsibilities.

If you live out in the woods all by yourself, you don’t need to constrain your personal freedom. You can do whatever you can get away with.

But if you live in a community – as nearly all of us do – you have to give up some of that freedom to the rest of us.

This is simple civics – something you would have known had our schools not stopped teaching it because it wasn’t on the big annual standardized tests.

Just as many of us would have known about how pandemics work if we hadn’t narrowed the curriculum because science doesn’t count on the test, either.

When all knowledge is only instrumentally important because it will get you a certain score, none of it has value.

Science, logic, critical thinking, empathy – all lost because someone thought they could make more money by removing them.

We can’t do that anymore, either.

We have to respect knowledge. We have to respect each other.

And we have to understand economics instead of being slaves to one stunted view of how they operate.

Economics is about how to best divide resources for the survival of communities. In times of scarcity, there are certain best ways and in times of abundance there are others.

However, we live in a time of abundance but continue to use the rules for scarcity. In fact, we create scarcity just to ensure an antiquated and ineffective distribution of resources.

Those with the most have refused changes that would be best for everyone including themselves. And many of us can’t even think outside of the conceptions of economics we’re propagandized to believe.

This has to stop, too.

A new world is possible. In fact, it is inevitable.

We will either all die on a scorched wreck of a planet that we have systematically destroyed so that a few will live longer and in more luxury than the rest.

Or we will all move forward into a new, better world together.

I know times are hard – harder than they’ve ever been in my lifetime.

But this is what I see in the light shinning through the crack in the maelstrom of nonsense we have been living in lately.

We can all come together and create schools that serve everyone regardless of race, religion, creed, sexuality, gender or difference. We can teach facts, thought, history, science, arts and humanities.

And armed with such tools, we can recreate society in that image.

That is the lesson of Trump’s diagnosis.

You can lie and cheat and steal.

You can fool people into believing that you’re not a liar and a cheat and a thief.

But eventually, the truth will catch up to you.

Politics puts blinders on us. Propaganda inculcates us. And stunted education makes it harder to see what’s really there.

However, reality exists independent of our ability to recognize it.

If we stumble forward blindly for long enough, we will fall into the pit before us – irrespective of whether we recognize it is there or not.

How much better to open our eyes!


 

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I’ve also written a book, “Gadfly on the Wall: A Public School Teacher Speaks Out on Racism and Reform,” now available from Garn Press. Ten percent of the proceeds go to the Badass Teachers Association. Check it out!

R.I.P., R.B.G. – The Lesson She Lived

“I ask no favour for my sex. All I ask of our brethren is that they take their feet off our necks.”

US Supreme Court Justice Ruth Bader Ginsburg

There are few people known for their whole name – first, middle and last.

Even fewer known just for their initials.

And maybe no other white, Jewish, woman in history to be christened with an honorific reminiscent of martyred rap royalty.

But Ruth Bader Ginsburg was all that and more.

R.B.G.

The Notorious R.B.G.

Let it never be said that she was given that title out of public relations or pique.

No matter where you stood, she earned the designation “notorious.” Because she WAS. In nearly everything she did.

Whether it was issuing the dissenting opinion on Bush v. Gore or lifting weights in a blue sweatshirt emblazoned with the words, “SUPER DIVA,” she was in your face and indomitable.

She was an icon, a pioneer, a living piece of “that strength which in old days moved earth and heaven,” as Tennyson might say.

And though she made her most indelible mark as a Supreme Court Justice, in a 2018 documentary about her life, RBG, she said she felt like a teacher:

“I did see myself as kind of a kindergarten teacher in those days, because the judges didn’t think sex-discrimination existed. One of the things I tried to plant in their minds was, ‘Think about how you would like the world to be for your daughters and granddaughters.’”

She did eventually teach law at Columbia University where she enumerated the changes in sexual discrimination litigation throughout her career. While in private practice, she won five cases involving women’s rights before donning the Supreme Court robes. At the time, she was quoted in Time magazine as saying her strategy was to “attack the most pervasive stereotype in the law – that men are independent and women are men’s dependents.”

To live at the same time as such a figure is not that uncommon.

We’re often surprised to read obituaries of great historical heroes we hadn’t known were still alive until their passing.

But that such a model was still WORKING, still doing that for which she had built her reputation, still holding together the fragments of our system as it threatened to crumble! That was truly amazing.

She was there. STILL there. For all of us.

Working well into her 80s through colon cancer, pancreatic cancer and lung cancer.

And now she’s gone.

It’s hard to fathom.

This is the horror story we’d been warned about every election season for as long as I can remember. This is the nightmare scenario used to shepherd the Democratic flock together, to keep us all under one big tent while lightning flashed and thunder raged.

And it is here. Now. Today.

I never met Justice Ginsburg. Never talked with her. Never had the honor.

But I don’t think she accepted being used in this way. After all, if her biggest concern was the Chief Executive or even Congressional politics, she could have stepped down near the end of President Barack Obama’s first term and been replaced.

Or could she?

Perhaps she had to rethink her own retirement plans after the whole Merrick Garland affair when Senate Republicans refused to even discuss Obama’s Supreme Court nominee in the wake of Justice Antonin Scalia’s sudden death a full nine months before the election.

There’s no way to know for sure.

But given Ginsburg’s record of tenacious dissent in the face of injustice, I can’t imagine her counseling moderation as solidarity.

She stood for justice when no one else would.

That’s what she did!

In 2007, her dissent in a case involving Lilly Ledbetter – a supervisor for Goodyear Tires – was so compelling it sparked the passage of the Lilly Ledbetter Fair Pay Act. She literally explained why the court was wrong and that this was a case of discriminating against women in employment, and that led to a change in the law two years later!

In 2013, when the court all but struck down the 1965 Voting Rights Act, her dissent was equal parts logic, prophecy and prescription. The majority of the justices made the bizarre argument that the Voting Right Act – and one of its features, known as “preclearance” – had already solved voter suppression.

Ginsburg responded:

“Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet.”

When she read the dissent aloud in court, she went beyond her written remarks quoting Dr. Martin Luther King, Jr.: “The arc of the moral universe is long, but it bends toward justice.” Then she added that it only bends that way, “if there is a steadfast commitment to see the task through to completion.”

Her remarks about what would happen in the wake of this decision have largely proven true with waves of voter suppression sweeping the country – especially in areas where this would have been impossible had the court ruled differently.

There’s a lesson here for all of us.

Dissent should not be dismissed as divisive.

In the presence of injustice, it is the only proper response.

When refugee children are being locked away in cages at the border, there is no other viable response than dissent.

When police are being militarized and used as thugs to violently put down largely nonviolent protests, there is no appropriate response other than dissent.

When the President is lying to us, flouting our laws, and Congress refuses to hold him accountable, there is no other response than dissent.

We must all have the courage of the Notorious R.B.G. to stand up against injustice and call it by its true name – even to its face.

This doesn’t necessarily mean that doing so will somehow be enough to dismantle that injustice.

But we have to try.

And even if we don’t succeed today, we will have saved ourselves from becoming a part of the injustice around us.

Just days before her death, Ginsberg told her granddaughter, Clara Spera:

“My most fervent wish is, that I will not be replaced until a new president is installed.”

If Republicans retreat from their own precedent and push through a new justice 47 days or less before the election, there are still things we can do.

We can fight like Hell to get rid of the worst President in American history, Donald J. Trump, and elect Joe Biden. We can vote like our lives depend on it to get a progressive majority in Congress.

And when we win, we increase the number of justices in the Supreme Court and pack them full of progressives.

We undo all the chicanery Republicans have done for decades – end the filibuster, make Puerto Rico and DC states, end gerrymandering and pass a new Voting Rights Act that actually protects the most important principle of our system of government – the one without which our system is nominal at best.

This and more is the dissent we must wage.

They give us injustice, we respond with its opposite.

We must look this fetid, decaying nation in the eye and say with all the ferociousness of our fallen Supreme Court Justice:

I dissent!

I dissent!

I dissent!


 


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I’ve also written a book, “Gadfly on the Wall: A Public School Teacher Speaks Out on Racism and Reform,” now available from Garn Press. Ten percent of the proceeds go to the Badass Teachers Association. Check it out!

The Everyday Exhaustion of Teaching During a Global Pandemic

Teaching is one of the few things in life that is not concerned with now.

It is essentially about the future.

We put all this time and energy into helping kids learn. Why?

Not so that they’ll be able to do anything today. But so that they’ll be able to do things tomorrow.

Sure they may be able to read better or solve math problems, but the reason we want them to know that isn’t so much about what they’ll do with it as adolescents. It’s how those skills will shape the people they grow up to be.

It’s an investment in their future and ours.

We take a bit of today and invest it in tomorrow.


And during a global pandemic that can be especially hard.

The west is on fire. Storms are threatening our southern coasts. Police brutality is out of control and bands of neofascist thugs are given free rein to beat and murder protesters. We’ve separated immigrant families and put their kids in cages. The President has lied to us, disparaged our troops, bragged about breaking countless laws and the government is powerless to stop him. Our political system and social fabric is coming apart at the seams. And everyone from the average Joe to the lawmakers who represent him can’t get up the gumption to take precautions against the killer virus that has already put more Americans in their graves than every war since WWII.

You look at the raging dumpster fire around you and wonder – how do we invest in the future when we aren’t sure there will be one?

I’ve had students in my on-line class for only two days so far.

And it’s been great.

They show up in record numbers smiling and ready to learn.

We talk, they tell me about their summers, and I remember how much I love teaching.

But I had to fight almost every day from June through August just so the school building wouldn’t become an incubation center for COVID-19 and classes could be conducted through the Internet.

I’m not saying it was all me that did it, but I fought and worried and cajoled and wrote and begged and did everything I could think to do. And it very nearly didn’t happen.

Summer is supposed to be a break after the stresses of a long school year. And 2019-20 was perhaps the most difficult year I’ve ever had teaching.

But 2020-21 has already promised to be much more challenging.

After all, when you have to fight just for the safety of your children and yourself as a prerequisite to everything that happens in your class, how much strength is there left for actual teaching?

My district has committed to being on-line only through September, so the fight continues month-by-month.

Where are the local newspapers that would have reported on each school district as people test positive for the virus and others are contact traced? We closed most of them and downsized the newsrooms of others to make up lost advertising revenue.

If you’re not a supersized district serving millions, they only report on bed bugs, poorly trained security guards or whatever public relations statement the superintendent released today.

So we trudge on in silence just hoping to get through the day.

And what days they are!

Teaching on-line is a heck of a lot more work.

You’ve got to plan for just about everything. You put the assignments on Google Classroom and set up the Zoom meetings and make your handouts into PDFs and try to digitize your books and figure out how classroom policies designed around a physical space can be revised for cyber space. You answer countless questions and concerns, videotaping your lessons for those who can’t be there in person. You try to make things interesting with new apps, new software, new grading systems, new approaches to the same material you’ve been teaching for over a decade.

And it never ends.

By the time the day is supposed to be over, the emails are still rolling in, the assignments are still being submitted, administrators are making pronouncements, and you haven’t even finished all the things you have to do to get ready for tomorrow yet.

When is there time for my family? When do I have time to make dinner or check on my own child’s progress in her own online experience?

What’s worse is that when things go wrong, I’m afraid to bring them up for fear that some decision maker long removed from the classroom will simply shoot from the hip and end on-line instruction.

We had all summer to plan how to do this better, but we spent all that time diddling about WHETHER we should teach on-line or not. We should have just bit the bullet and worked on improving the quality of instruction instead of putting all our chips on the gambit that it wouldn’t be necessary.

Now – as usual – it’s all in the hands of everyday classroom teachers. We’re left to just figure it out.

And we do!

Part of me really enjoys it!

I love finding new ways of doing things and seeing if they’ll work out better. I’m excited about seeing how my students will react to a Bitmoji classroom or a new Kahoot or this video or not being hassled if they keep their cameras off in Zoom.

I know on-line teaching can never really hold a candle to in-person instruction. But that’s not an option right now. And pretending like reality is something different than it is will do no one any good.

But just saying something positive about cyber schooling gets the technophobes coming down on you.

They’re so scared that online teaching will replace real, live educators that they can’t admit of any positive qualities to the new normal.

Don’t get me wrong. My heart is with them. I fear that, too. But it’s a war we have to wage later. Just like the election.

Biden is not great on education. Trump is worse. So we have to support Biden while we prepare to fight him in January. And that’s IF we can both defeat Trump at the polls and somehow avoid a constitutional crisis if he refuses to leave the Oval Office willingly.

Everything is one fight after another. We have to win this battle before we can wage the next one.

No wonder we’re so exhausted.

Everyone is worn out, but no one more so than classroom teachers.

We’re caught at the crossroads of nearly every conflagration in America.

I sit here on a Sunday afternoon and my bones feel like boulders under my skin.

I sleep like a beaten boxer – all bruises under the sheets.

But I’ll wake up on Monday, make myself a cup of tea and trudge back to my computer screen ready to begin again.

Because despite it all, there is a core part of me that still believes.

I still believe in the future.

I still believe in teaching.

I still believe my students are worth it.

Like this post?  You might want to consider becoming a Patreon subscriber. This helps me continue to keep the blog going and get on with this difficult and challenging work.

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I’ve also written a book, “Gadfly on the Wall: A Public School Teacher Speaks Out on Racism and Reform,” now available from Garn Press. Ten percent of the proceeds go to the Badass Teachers Association. Check it out!

Why Does Trump Hate COVID Testing But Love Standardized Testing?

When it comes to COVID-19, Donald Trump sure hates testing.

But when it comes to public schools, his administration simply adores standardized testing.

Why the discrepancy?

Why is testing for a virus during a global pandemic bad, but giving students a multiple choice test during the chaos caused by that pandemic somehow good?

When it comes to the Coronavirus, Trump has made his position clear.

In a June 15 tweet, Trump wrote that testing “makes us look bad.”

Five days later at his infamous campaign rally in Tulsa, he said he had asked his “people” to “slow the testing down, please.”

At one of his White House press briefings, he said, “When you test, you create cases.”

In his infamous Fox News interview with Chris Wallace, he seemed to be saying that the U.S. had just as many new cases now as it did in May. However, since there were fewer tests done in May and more are being done now, it only appears that the infection is spreading when it actually is not.

It’s pure bullshit.

How would he know how many cases existed in May other than through testing?

He is simply trying to gas light the nation into believing that his abysmal job as Commander-in-Chief has nothing to do with the pandemic raging out of control on our shores.

He is trying to distract us from the fact that the US has only 4 percent of the world population but more than 25% of all COVID-19 cases. He wants us to forget that more Americans have died of COVID-19 than in any war other than WWII – 200,000 and counting.

So that, at least, is clear.

Trump hates COVID testing because – as he puts it – it makes him look bad.

So why is his administration pushing for more standardized testing in public schools as those same institutions struggle to reopen during the pandemic?

Education Secretary Betsy DeVos – everyone’s favorite billionaire heiress turned public servant – sent a letter to state education leaders on Thursday saying high stakes testing probably would be required this school year.

They should not expect the Education Department to again waive federal testing requirements as it did last spring while schools were suddenly closing due to the outbreak.

The reason?

DeVos wrote:

“If we fail to assess students, it will have a lasting effect for years to come. Not only will vulnerable students fall behind, but we will be abandoning the important, bipartisan reforms of the past two decades at a critical moment.”

However, this is a rather strange thing to say if you think about it.

Standardized tests are just one of many kinds of assessments students take every year. At best they represent a snapshot of how kids are doing on a given day or week.

But since students are tested all year long by their teachers, they earn end of the year marks, pass on to the next grade or are held back, graduate or not – there are a multitude of measures of student learning – measures that take in an entire year of academic progress in context.

Waiving standardized testing would not make it impossible to tell who learned what. In fact, waiving the tests in the spring did not leave teachers clueless about the students in their classes today.

We still know which students are falling behind because we interact with them, give them assignments, teacher created assessments, etc. And when it comes to vulnerability, standardized tests show us nothing unless we read between the lines.

Students from poorer households tend to score lower on standardized tests. Kids who attend schools with fewer resources and larger class sizes tend to score lower. Minority children tend to score lower.

We don’t need any tests to tell us who these kids are. It’s obvious! Just look at who qualifies for free or reduced meals. Look at school budgets. Look at student ethnographic data. Look at seating charts. Look at classroom grades.

We don’t need standardized tests! We need resources to help these kids overcome the obstacles set before them or to remove those obstacles altogether.

Standardized testing does nothing to achieve this goal nor is there much help from the “bipartisan reforms of the past two decades.”

After all, which reforms exactly do you think DeVos is referring to?

It’s not hard to imagine since her letter was endorsed by far right and neoliberal organizations such as the Center for American Progress, the National Urban League, the Education Trust and the U.S. Chamber of Commerce.

DeVos is talking about charter and voucher schools – the same pet projects she spent her entire adult life either funding or trying to wrest funding away from public schools to fund.

In fact, she just had her ass handed to her for a third time by the federal court system for trying to siphon money to private schools that Congress explicitly earmarked for poor kids.

Congress set aside money in the CARES Act to be distributed among public and private schools based on the number of students from low-income families. However, DeVos said the funds should go to private schools BASED ON TOTAL ENROLLMENT.

Uh-uh, Betsy.

In her ruling this week, Dabney Friedrich, the U.S. District Judge for the District of Columbia (and a Trump appointee) wrote:

“In enacting the education funding provisions of the CARES Act, Congress spoke with a clear voice… that cannot mean the opposite of what it says.”

So why does the Trump Administration support standardized testing?

For a similar reason to why it doesn’t support COVID testing.

Testing for the Coronavirus makes Trump legitimately look bad.

Testing kids with standardized assessments makes the public schools (during a pandemic or otherwise) illegitimately look bad. And that can be used as a justification to close those schools and replace them with private and charter schools.

It’s not about academia or helping vulnerable children.

It’s pure politics. The shock doctrine. Disaster capitalism.

This is another way the Trump administration is trying to rob the American public blind and get away with it.

When it comes to Coronavirus, there are a limited number of tests for infection. Trump is against all of them. He just wants to hide his head in the sand and pretend it will all go away.

When it comes to education, there are multiple measures of student learning. The Trump administration only champions one of them – the standardized variety.

Why? Because that is the assessment most inadequate to measure learning but it’s the easiest to spin into an anti-education narrative.

After all, you can’t use classroom grades or teacher-created tests to support the narrative of failing schools. Those assessments are in context and too clearly show the link between poor achievement and things like lack of resources and inequality. If kids are failing their classes, it’s too obvious when schools are trying to help but stymied by a lack of resources and countless social issues. Shining a light on that will only lead to solving these very real problems.

But if we put the spotlight squarely on standardized test scores, we can spin the narrative that it is the public school system, itself, that is at fault and thus we can better sell the need for privatization in all its profit-driven forms.

That’s the whole reason DeVos took this job in the first place.

And shame on Democrats like Rep. Bobby Scott (D-Va.) and Sen. Patty Murray (D-Wash.) who praised DeVos’s testing pronouncement.

Scott, who serves as chair of the House Education and Labor Committee, said in a statement:

“There is no question that the COVID-19 pandemic is having severe consequences for students’ growth and achievement, particularly for our most vulnerable students. We cannot begin to address these consequences, unless we fully understand them.”’

Um, we do understand them, Congressman. You don’t need a multiple choice assessment to see who is failing or why. It’s due to targeted disinvestment of the poor and children of color.

Murray, the highest ranking Democrat on the Senate education committee, said:

“Especially when it comes to the disparities that harm so many students of color, students with disabilities and students whose families have low incomes, we’ve got to have data that shows us where we’re falling short so we can better support those students.”

How does a single test score from a corporation like Pearson show you more than a year’s worth of academic assessments from a school?

Standardized tests convey ZERO to us about students falling behind or vulnerable students that we don’t already know. And Murray is engaged in pure theater by framing her concern as an issue of racial justice while actual racial justice groups like the National Association for the Advancement of Colored People (NAACP) and the Black Lives Matter movement have explicitly condemned standardized testing.

An assessment system literally designed by eugenicists and pushed by segregationists is NOT a remedy to racial inequality – unless you’re proposing getting rid of it.

In short, Trump and DeVos are two peas in a pod committed to avoiding accountability for themselves but determined to destroy public services like public schools based on bogus accountability measures like standardized testing.

Hopefully the American public will boot them both out on their asses in November so that rational leadership in the Department of Education and elsewhere will do what should have been done years ago – waive standardized testing for this year and every year that follows – Coronavirus or not.


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The Lesson Kids Are Learning from Reckless School Reopenings: YOU DON’T MATTER

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Let’s say you’re an American school child.

 

It’s the first day of school.

 

Your parents dress you in your best new outfit – maybe a nice pink jumper with a unicorn on it.

 

They help you tie your new sneakers – that’s right, two loops and a knot.

 

Then they put a surgical mask snugly over your mouth and nose, adhere a clear plastic face shield from your forehead down and snap some latex gloves on your hands.

 

“Off to school, Honey!”

 

“Don’t forget your antibacterial soap and Clorox wipes!”

 

What do you suppose would be going through your mind?

 

Would you feel safe? Would you feel loved? Would you feel valued?

 

I don’t think so.

 

I mean sure your parents care enough to dress you like an extra from “Outbreak,” but they don’t care enough to keep you home.

 

Or maybe they do care enough but have no other choice. They’re “essential workers” and have to go to a series of minimum wage jobs to keep you fed, clothed and sheltered.

 

How would you feel about the people who own those jobs? The society that prioritizes keeping those jobs going instead of paying your parents to stay home with you?

 

I mean – sure – the economy needs to keep running, I guess, but what is an economy anyway?

 

Isn’t it just a big game of Monopoly? Players keep rolling the dice and landing on each others’ properties and having to pay rent. Hoping this turn you’ll make it past GO and collect $200.

 

With the exception of food, there’s nothing you really need outside of your home. If your parents didn’t have to worry about rent or utilities, they wouldn’t have to work. Yes, they’d need to go out to get food but the government could pay them to do that, too.

 

After all, it’s just Monopoly money. It’s just decorated pieces of paper. It has no inherent value… not like human lives.

 

I mean we’re living through a pandemic here. Leaving the house means exposure to the virus, and the longer you have to go out, the more people you’re exposed to, the greater the chances that you’ll get sick and/or bring the thing back home with you.

 

But someone is forcing your parents to keep on rolling the dice – to keep playing. And your folks never do any better than make ends meet. It’s not people like them who are winning this game – even during a global health crisis.

 

How would you feel about that?

 

How would you feel about the school directors who voted to keep their buildings open and their classes in-person when just a few miles away the kids in a slightly more well-to-do neighborhood get to stay home, protected and safe learning online?

 

How would you feel about the school board members who compromise and say you only have to be put at risk for half the day or just so many days a week? Would that make it all better?

 

How would you feel about the governors who demand schools reopen? Or the ones who offer advice but don’t demand anything?

 

How would you feel about a President who lies all day on TV about the virus, keeps his own kid home and then goes off like a police siren about how you have to get back to school? How would you feel about his billionaire heiress Education Secretary who spends all day finding ways to undercut and destroy public schools who suddenly changes course about how necessary it is for you to get back to class?

 

How would you feel about politicians on both sides of the aisle holding self-congratulatory party conventions through ZOOM while proclaiming the importance of you getting back to school in-person?

 

How would you feel when schools that do open in other parts of the country have massive outbreaks and it has no effect on what the adults prescribe for you?

 

How would you feel when a student takes a picture of a school blatantly ignoring social distancing and other health guidelines and the only person getting in trouble is the student who took the picture?

 

How would you feel about school administrators caught hiding or downplaying outbreaks among staff or students?

 

How would you feel about multi-billion dollar sports franchises unable to keep their superstar athletes disease free yet your local athletic club decides to have practices? How would you feel when your local school teams have outbreaks, the governor or health department advises against school sports but the adults decide to go ahead and do it anyway?

 

How would you feel when time-after-time the grown ups show you exactly how they feel about you, how little you actually matter, how much everything else is worth and how little they really care about you?

 

How would you feel if you were a little school kid getting ready for her first day of class this morning?

 

Would you feel safe, valued, loved?

 

What lesson would you take from everything happening all around you?

 

Some people are very worried that you won’t learn anything much this school year.

 

I’m afraid you’ll learn far too much.


 

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School Officials Should Pass Safer Reopening Plans, Not Beg For Protection From Liability

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Don’t tell me what to do.

 
But don’t hold me accountable for what I do, either.

 
That seems to be the position of school officials on reopening classes during the Coronavirus pandemic.

 
On the one hand, school boards don’t want a state or federal mandate about how to reopen schools in the fall.

 

On the other hand, they don’t want to be sued by children, families or staff who get sick or die as a result of reckless reopening plans.

 
The National School Boards Association (NSBA) is behind a push at both the state and federal level for temporary, limited liability protections in case students or staff become infected with Covid-19.

 

The organization is asking state legislatures and US Congress to pass bills including such protections.

 

At the same time, the organization is pushing state governors and the President to pass the plan through executive orders.

 
None of which should fill residents with confidence.

 

After all, would you want to eat at a restaurant where the chef refuses responsibility if diners get sick?

 

Would you want to fly on an airline that doesn’t guarantee you’ll make it to your destination in one piece?

 

If school officials are worried that students and staff may catch Covid-19, they should pass reopening plans that greatly reduce the likelihood of that happening.

 

But many of them aren’t doing that.

 

When hundreds of new cases are being reported in your county every week, you shouldn’t be opening the school buildings even with a hybrid model balancing both in-person and distance learning.

 

You should keep students learning online.

 

Safety should be the first concern of every school board member making these decisions.

 

Even one new case of Coronavirus is too much.

 

The fact that so many school directors are afraid of being sued means they are afraid their plans will not stop people from contracting the disease.

 

And that’s a real problem.

 

In states where schools have resumed in-person learning, large groups of students have been forced to quarantine.

 

So far, children have been hospitalized at a lower rate than adults when infected. However, until recently children have been kept mostly isolated. As they have been further exposed to the virus, some have developed complications. Pennsylvania Health Secretary Rachel Levine said there are 43 confirmed cases of a serious inflammatory syndrome in young people throughout the Commonwealth. Nineteen additional cases are under investigation.

 

We need to take this issue seriously.

 

If schools were reopening safely, why would they need protection from lawsuits?

 

Frivolous litigation is always an issue, but there is nothing to suggest that living through a global pandemic makes it more of a problem.

 

If school directors can prove they took every precaution to guard against people getting sick, their districts should be fine.

 

But they haven’t done that. And school directors know they haven’t done it.

 

In Pennsylvania, this has lead to discussions of the reopening guidelines issued by Gov. Wolf.

 

“I keep hearing the expression, ‘We are simply giving guidance or recommendations,” state Sen. Andy Dinniman, D-Chester, said. “In the end, is it not true that what you say is a recommendation, ends up being a mandate because school districts are afraid of being sued and taxpayers losing millions of dollars?”

 

Dinniman – who I often agree with – seems to be saying that districts should be free to ignore safety guidelines. And they are.

 

But doing so should come with a price.

 

The guidelines – which are too lenient in my opinion – at least set up some benchmarks.

 

They designate a county as low, medium or high risk depending on cases per 100,000 residents and percentage of positive tests in the last seven days.

 

However, these guidelines miss a vital component of epidemiology. One week’s worth of data is insufficient to get an accurate picture of viral spread. Covid-19 symptoms take up to two weeks to show up.

 

You could have low numbers this week and decide to reopen school buildings to a hybrid model, but then next week have a surge. And those people would have been sick when you reopened – you just didn’t know because it took another week for their symptoms to develop.

 

Moreover, I think it is ludicrous that the state is stopping at mere guidelines.

 

This is a public health issue. It is not open to debate. At least, not debate by politicians and functionaries.

 

Follow the scientific consensus.

 

When disaster strikes, you don’t dither. You don’t give people options when there’s a killer shark in the water. You close the beaches.

 

But the very question of whether it is government’s responsibility to keep people safe has been called into question here.

 

It is yet another example of the social fabric of our nation coming apart at the seams.

 

We are continually ignoring the dangers of the moment in which we live to secure a false sense of normalcy.

 

We refuse to take the proposer precautions to lower the infection and instead try to live with it.

 

Take yesterday’s decisions by The Pennsylvania Interscholastic Athletic Association (PIAA) to beginning the fall sports season on Monday.

 

Fall sports like football, soccer, tennis, field hockey, girls volleyball, etc. can start up if school boards decide to do so.

 

However, two weeks ago Gov. Wolf recommended that sports be postponed unit January 2021.

 

Though the PIAA originally voted to postpone the start of the season by two weeks, yesterday’s 25-5 vote put the season back on track.

 

This despite student athletes from the area already catching Covid-19 after practices.

 

We do not live in a healthy society.

 

We are acting like spoiled children who want to do what they want and refuse to be held accountable for their actions.

 

Sadly it is our children who will most often pay the price for adult recklessness.


 

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The Coronavirus Thanks You for Reopening Schools: “I Couldn’t Have Done it Better, Myself!”

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Hey, American Peeps!

 

It’s me! Coronavirus!

 

Technically, the name’s Covid-19, but with you guys, we can cut the formality.

 

I mean after all, once I latched my spiky surface proteins to your nana’s lungs, we were basically family!

 

“YAK! COUGH!”

 

Music to my ears.

 

So it’s back to school time, and – let me tell you – am I ready to return to the classroom! Actually, I’m just bursting to pop onto campuses for the FIRST time this year.

 

When I came to these shores way back in March, some spoil sports decided to shut down the schools before I could really get in there.

 

You locked up your kids tight at home and did this distance learning thing online instead.

 

That really sucked. All I had was full grown bodies to infect.

 

I mean I wanted some nice young things to cuddle up to and bust my viral proteins through their ACE2 receptors. You know what I mean?

 

But I couldn’t get to them. So you guys thought that meant your kids were somehow immune. You thought I couldn’t hurt them.

 

Ha!

 

Just you wait!

 

Now that summer camps and daycare centers are open and even some schools have started their academic years, I am starting on a buffet of tasty adolescent cells to infect and hijack into replicating machines.

 

And let me tell you, so far they have been delicious!

 

Sometimes I like to just get in there and make your kiddos’ cellular tissues reproduce me and reproduce me and reproduce…

 

And other times I just sit back in their nasal cavities and wait until they bring me home to friends and family.

 

Kids are great! They’re not as fanatical about washing their hands as adults; if they get a runny nose, they wipe the mess on the back of their fingers; and they touch EVERYTHING!

 

So, grown ups, thank you so much for reopening schools this fall. School board members, governors, timid union leaders afraid to speak up, I could not have done it better, myself!

 

Right now in most places I’m swirling around in aerosol plumes of nasal droplets in the occasional home, bar, and restaurant, but I’m kinda stuck.

 

There are only so many times I can infect the same people. And if they’re wearing masks properly and washing their hands, it’s just too much hassle.

 

If I really want to up my contagion game – and I do – I need someplace where I can mix with new hosts and then travel back to their cribs and just snuggle in.

 

Schools are perfect for this!

 

I mean where else are hundreds (even thousands) of people thrown together in musty indoor spaces for hours at a time? Since large gatherings have been mostly cancelled, there’s nowhere else to go.

 

No crowds at concerts or big sporting events – even the amusement parks and political rallies are drying up.

 

But now that you’re reopening schools, I can go exponential, baby!

 

Mark my words – September is going to be the season of the Coronavirus! We’re going to make the spring look like a mere dry run!

 

Second wave, third wave – and I have you to thank for it.

 

There are so many people out there I’m indebted to.

 

First of all, I’ve gotta acknowledge all the anti-science folks. If it weren’t for you guys, more playas might actually be taking precautions against me.

 

And the libertarian crowd! Wow! You guys are working overtime! No one can tell you to put human lives before a stunted adolescent definition of absolute freedom!

 

Rich folks, the way you demand everyone else sacrifice for your personal benefit is truly awe inspiring. You’re making bank while everyone else suffers! The only bodily tissue I’ve encountered with your kind of drive is stage 4 cancer.

 

But of course, the first prize has to go to President Trump! He’s the trifecta! Science denial, me first, class warfare zealot! Not only did he disband the government’s pandemic task force, but he advised people to drink bleach – I mean BLEACH! – as a remedy to infection!

 

Sir, you truly deserve the title “honorary pathogen.” If we ever meet, I’m not sure if I’d infect you or you’d infect me.

 

Of course, it’s the everyday folks who really make the most difference.

 

The anti-maskers, the people holding house parties and cook outs, the families throwing care to the wind and going to amusement parks, the people who recklessly eat at crowded restaurants… and school board members opening up their buildings…

 

School directors, I would be no where without you.

 

The way you gas light teachers and staff making them choose between their lives and their livelihoods! Magnifique!

 

Your steadfast determination to keep school buildings open despite any niggling facts or science or news… I just can’t tell you how much it means to me.

 

It doesn’t matter whether you’re opening up for full days or half days or alternate days. You’re giving me the chance to shine. I won’t forget it.

 

I love how you try to justify it with appeals to academics. You say in-person teaching is better than online instruction.

 

Sure, but you’d think an animal with a brain as large as yours could figure out that academics don’t matter much to sick or dead people.

 

And the whole giving-parents-a-choice thing is truly epic! Let them choose between in-person, hybrid or cyber options as if facts about safety were negotiable!

 

Where else in the animal kingdom would potential hosts try to shop their way out of an epidemic? I’ll tell ya, bats don’t act this way. Believe me. I know.

 

There just isn’t any other creature that behaves like you guys. Without your strange commitment to moving around slips of paper and bits of metal, I don’t think I would be able to infect half the people I have.

 

It’s funny. You could just stay home and even pay people to stay put and keep away from each other. But, no, these bits of paper and thin discs of minerals and ores have to keep circulating – so you have to keep moving from place-to-place.

 

I mean Swine Flu, Bird Flu, Monkey Pox, we all agree that there’s nothing like infecting humans!

 

It’s almost like you use your superior intellects just to find new and creative ways to screw each other over! And WE reap the benefits!

 

But it’s not all humans you put in my path.

 

For some reason you seem to think I have a taste for darker complected skin. After all, humans with extra melanin are more likely to breathe in respiratory droplets because they’re forced to live and work in less antiseptic environments, have more pre-existing conditions and go to schools that are more likely to reopen to in-person classes.

 

And, hey, that’s fine with me. If black lives don’t matter to you, I’ll take ‘em! I’ll burrow into the mucous membranes of anyone’s throat. It all kinda tastes like chicken.

 

Fever, cough, shortness of breath, fatigue, body aches – all attempts by your immune system to shake me off as I sink lower and lower into your respiratory system.

 

Most of the time, that’s it. Just a quick fling and then I move on to another unsuspecting fool.

 

But sometimes your lungs can’t handle me. They fill up with fluid, you can’t breathe and well… you die.

 

In either case, I get what I wanted. More copies of me to go and find a new host and start the process all over again.

 

And even if you do survive,I often leave your heart or lungs a mess with long lasting conditions to remember me by.

 

It’s great fun. Really.

 

So don’t ever change, humans.

 

Once your classrooms are splattered with respiratory droplets from ill-fitting, shared or discarded masks, once your hallways are infested with my slime and contagion, once your athletic fields and band rooms and teachers lounges are dripping with my love – just know this: I won’t ever forget you.

 

You have been truly great. Really.

 

Infectiously yours,

 

Donald_J._Trump_signature.svg_

 

Coronavirus

 


 

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Gov. Wolf, You Can’t Shirk Your Duty to Close PA Schools During the Pandemic

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“The Buck Stops Here!”

 

President Harry S. Truman famously displayed a sign on his desk saying exactly that.

 

It indicated that he didn’t pass the buck but accepted responsibility for the way the country was run.

 

What does it say on your desk, Gov. Tom Wolf?

 

Your latest Tweets don’t fill Pennsylvania residents with confidence:

 

“There are widespread rumors that I will soon be announcing a statewide school building closure or cancelling classes this fall. I want to be clear: I am not closing school buildings or cancelling classes.”

 

“School governing boards and administrators will determine if school buildings reopen and if classes resume in person, remotely, or a combination of the two. The best way to find out about these local decisions is to contact your school’s governing board or administration.”

 

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Well, that’s two things you now have in common with President Donald Trump.

 

First, you’re making policy by Tweet.

 

Second, you are side stepping your obligations.

 

“I don’t take responsibility at all,” Trump said when asked about his administration’s inability to test Americans for the Coronavirus during the outbreak.

 

That’s what you sound like today.

 

COVID-19 cases have been spiking throughout the Commonwealth since early June – especially in Allegheny, Philadelphia, Delaware and Montgomery counties.

 

Today in Allegheny County, where I live, the Health Department reported the second highest increase in new cases – 244.

 
That is the most new cases in the state. Philadelphia comes next with 130 new cases. Together, these two counties make up more than 38% of the state’s new COVID-19 cases.

 

And yet we have school directors looking at this same data and making different decisions.

 

In the Pittsburgh region, school boards at East Allegheny, Woodland Hills and Wilkinsburg districts have all decided to reopen schools with classes completely on-line – at least to start. Meanwhile, in neighboring districts like McKeesport Area School District and Steel Valley School District, they are moving forward with hybrid plans that incorporate on-line and in-person classes in the physical school buildings.

 

And those are the outliers.

 

The majority haven’t made decisions yet complaining of a lack of safety guidelines from the county and a lack of direction from you, the governor.

 

You don’t get to decide what schools teach or how local communities make educational decisions.

 

But whether school buildings physically reopen or not during a pandemic is not an educational decision. It is a public safety decision.

 
Back in March when the virus started spreading throughout the state, you choose to close down businesses and schools.

 

As chief executive of the state, you had an obligation to do that.

 

It’s a crying shame that many in government have politicized every aspect of this disaster and the response to it.

 

I know you have taken a lot of criticism from Republicans trying to score points off your quick and sound judgement in this matter. They call you a tyrant because you did what every previous governor has done during a statewide disaster – you made decisions to safeguard lives.

 

Nothing has changed. If anything, there are significantly more cases reported every day now than in March.

 

If schools needed to be closed to in-person classes and education needed to be conducted on-line back then, that is still true today.

 

Perhaps this doesn’t have to be statewide. Perhaps it can be decided county-by-county. But you need to work collaboratively with county officials and school boards to coordinate the response to the virus.

 

Otherwise, there inevitably will be outbreaks at schools that reopen to in-person schooling. And since most districts are not separated by wide open spaces and residents frequently travel between them to buy groceries or other necessities, those outbreaks will spread.

 

A district that wisely decides to keep children 100% online will be susceptible to infections from residents in neighboring districts and bring those infections home.

 

This is not the responsibility of local school directors. It requires an authority that goes beyond the neighborhood and provincial decision making.

 

This is YOUR responsibility.

 

Frankly, the federal government, too, should be playing a larger role to help coordinate state responses. After all, the virus is not limited by state lines either.

 

But just because this President has neglected his duties, that does not give you the right to do the same.

 

If you refuse to make this decision, many more people will get sick from COVID-19 than would otherwise. Many more people will eventually die.

 

These are teachers, mothers, fathers, grandparents, and – yes – even children.

 

You can do something about that.

 

You have a responsibility to do something about it.

 

Do your duty.


 

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I’ve also written a book, “Gadfly on the Wall: A Public School Teacher Speaks Out on Racism and Reform,” now available from Garn Press. Ten percent of the proceeds go to the Badass Teachers Association. Check it out!

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Do NOT Play Russian Roulette with Our Lives – No In-Person Schooling During a Pandemic

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Are you responsible for gambling with another person’s life?

 

The Pennsylvania Supreme Court says “yes.”

 

Back in 1947, James Malone, 17, and William Long, 13, played a version of Russian Roulette during a sleepover.

 

Malone stole a revolver from his uncle and Long sneaked into his father’s room and got a bullet.

 

They put the cartridge in a chamber, spun the cylinder and then took turns pointing the gun at each other and pulling the trigger. On the third try, Malone put the gun to Long’s head, pulled the trigger and the gun fired, killing Long.

 

Malone was convicted of second degree murder even though he said he hadn’t intended to kill his friend.

 

The case, Commonwealth v. Malone, eventually went to the state Supreme Court where justices upheld the conviction.

 

They ruled:

 

“When an individual commits an act of gross recklessness without regard to the probability that death to another is likely to result, that individual exhibits the state of mind required to uphold a conviction of manslaughter even if the individual did not intend for death to ensue.”

Lawmakers and school administrators better pay heed to this and similar nationwide decisions.

 

Reopening schools to in-person classes during the COVID-19 pandemic is tantamount to Russian Roulette with the lives of students, teachers and families.

 

Every day with this virus in the physical classroom is like spinning the cylinder and pulling the trigger.

 

You might survive, but every time you enter the building your chances of getting sick increase until the law of averages will come for someone… perhaps many someones.

 

The safest course is to continue with distance learning in the fall despite the numerous academic problems with that method of instruction.

 

With Coronavirus cases rising by about 50,000 a day in the United States, there is simply too much virus out there to ensure anyone’s safety in the physical classroom.

 

Students inevitably will get sick and spread the disease to adults – teachers and their own families.

 

We can’t take such chances with people’s lives.

 

But don’t just take my word for it.

 

Decisions makers are taking the possibility seriously enough to try to change the laws to reduce their liability.

 

They want to ensure they won’t end up in court if they reopen schools and people get sick.

 
In May,Senate Majority Leader Mitch McConnell called for schools to be legally protected from lawsuits that could arise due to resuming classes.

 

Along with fellow Republican Senator John Cornyn, McConnell proposed new liability laws protecting schools and businesses from Coronavirus-related lawsuits.

 

McConnell told reporters:

 

“Can you image the nightmare that could unfold this fall when K-12 kids are still at home, when colleges and universities are still not open? That is a scenario that would only be further aggravated in the absence of some kind of liability protection that reassures school administrators that they can actually open up again… Without it, frankly that’s just not going to happen as soon as it should have.”

 

The Kentucky Senator went on Fox News in late April saying that such legal protections would be necessary for Republicans to even consider any new Coronavirus relief bills.

 

And it’s not just lawmakers. In May, 14 college presidents from around the country teleconferenced with Vice President Mike Pence and U.S. Education Secretary Betsy DeVos asking for the same thing.

 

According to those who were either on the call or were knowledgeable about the conversation, the college presidents said they needed to know their institutions would not get sued if people got sick – which they thought was almost a certainty.

 

One way the federal government can help “is to have some kind of liability protection,” said University of Texas at El Paso president Heather Wilson, who was on the call. Wilson is a former Republican congresswoman from New Mexico.

 

Big business is also calling for liability protection. Groups like the U.S. Chamber of Commerce have been asking to be freed during the pandemic from being held liable if workers, customers or others get sick on their property. Notably, a lawyer for Texas Christian University told senators such a situation is “foreseeable, perhaps inevitable.”

 

All of which begs the question of what we mean by safety.

 

Is it our responsibility to make sure customers, workers, students and teachers are safe from the virus? Or is it our responsibility to make sure businesses and schools aren’t sued for taking chances with our lives?

 

There are things we can do to increase safety.

 

We should not reopen schools until the county where it is located reports zero new Coronavirus cases for two weeks. That would be taking safety seriously.

 

And it shouldn’t be too much to ask because other countries have been able to do such things.

 

Other nations have been able to test for the virus and identify those who have the disease. They have been able to trace these people’s contacts and isolate them from the rest of the population.

 

But that requires a vast expansion of our testing ability through coordinated federal action.

 

The problem is our lawmakers don’t care enough to do this.

 

Nor are they willing to provide us with federal relief checks, personal protective equipment (PPE), protection from evictions, and universal healthcare so that were can weather the storm.

 

It’s much easier to protect business from consumers and protect schools from the kids, teachers and families who make up the community.

 

Some will say the danger is overblown.

 

Children, in particular, are less susceptible to COVID-19 than older people.

 

And while it’s true that young people have shown fewer symptoms and include the lowest numbers of deaths, this virus has been around barely more than a year. We simply don’t know much about it and its long term effects.

 
A recent study from the journal the Lancet found that teenagers are just as susceptible to the disease as older people.

 

 

Researchers found few children 5-9 (the youngest included in the study) who had contracted the disease but those ages 10-19 were as likely to contract it as people ages 20-49 – and more likely than adults older than that.

 
So even if young people remain mostly asymptomatic, it is entirely possible they can spread the disease to older people who have a more difficult time fighting it off.

 
The only consensus about children and COVID-19 is that we don’t know enough about how it affects young people.

 

 

We certainly don’t want to end up like countries that have opened schools too quickly with too high infection rates.

 
In May, two weeks after Israel fully reopened schools, there was a COVID-19 outbreak. There were at least 130 cases at a single school. Students and staff were infected at dozens of schools causing a rash of renewed closings.

 
We should not be taking chances with schools.

 
Any action comes with some level of risk, but we should err on the side of caution.

 

 


Our government needs to serve us.

 
Representatives who do not serve our interests need to be sent packing.

 

And anyone who gambles with our lives needs to be held liable.

 

Anyone who demands we place our heads against the barrel of a loaded gun as a prerequisite to jump start the economy, needs to be held responsible for that decision.

 

The chances of dying during the first round of a game of Russian Roulette using a standard six-shot revolver is 1/6. With each pull, the chances increase – 1/5, 1/4, etc.
The average number of consecutive pulls before the gun fires is 3.5.

 

We know more about that than the Coronavirus.

 

In effect, we don’t know how many chambers are loaded, but we know there are bullets in the gun.

 

There are too many hidden factors to be able to say for sure what our chances are exactly. And in the presence of such ignorance, we should assume the worst.

 

That’s exactly what decision makers are doing by trying to protect themselves from responsibility.

 

We should take that as seriously as a loaded gun put to our temples.


 

 

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