Stop Giving Away Our Tax Dollars to Private & Parochial Schools, Matt Gergely & James Brewster!!! 

 
 
I got an email from my state representative the other day, and what did I see?  


 
A picture of my smiling elected representatives to both the state House and Senate giving a check for almost half a million dollars to local private and parochial schools! 
 


What the beach sludge chewing GUM!!?  


 

Public schools in my home state of Pennsylvania just took the Commonwealth to the state Supreme Court and won because it wasn’t providing fair funding to students. And now my representatives are offering a novelty oversized check to religious schools and private sector academies!?  


 
This would be bad enough if they were Republicans who run their campaigns against public education and support only free market solutions to everything and White Christian Nationalism in all its forms.  


 
 
BUT THESE ARE DEMOCRATS!!!!!!! 


Democrats who somehow think that tromping onto the bleachers at Cornerstone Christian Preparatory Academy with a fistful of our tax dollars is a good photo opportunity!!!!?  


 
 
They think this is what they should share with constituents to show all the good work they’re doing!!!?  


 
Stealing our public tax dollars for schools that we have no business funding while our own schools that serve every child in the state go wanting!!!!!????? 


 
The email was from State Rep. Matt Gergely of McKeesport who just took office in February. Here’s the message from under the photo: 


 
 
“Yesterday, I was honored to help present $465,000 in scholarship funds to many students enrolled in the Educational Improvement Tax Credit Program. Congrats and best of luck to all who will surely benefit from the scholarships that will be provided! 
  
Big thanks to U.S. Steel and the Bridge Foundation for making these dollars a reality, to Sen. Jim Brewster for his continued collaboration, and to Cornerstone Christian Preparatory Academy for hosting the presentation.” 


 
 
The Educational Improvement Tax Credit (EITC) was created in 2001 by Republican Gov. Tom Ridge. Here’s how it works. 


 If you expect a tax bill of $X at the end of the year, you can donate that same amount to the state for the purpose of helping parents pay off enrollment at a private or religious school for their children. Then you get between 75-90% of that donation back. 


  
So if your tax bill is $100 and you donate $100, you can get back $90 – reducing your total tax bill to a mere 10 bucks. 


  
Heck! Since this money is classified as a “donation” you can even claim it on your taxes and get an additional refund – even to the point where you end up making money on the deal! Pennsylvania even allows a “triple dip” – so you get the EITC tax credit, a reduction in your taxable income, and a reduction in your federal taxable income. We actually pay you to shortchange us on your taxes! 
  


Now I’m oversimplifying a bit since you can only use the EITC for up to $750,000 a year, but it’s still a sweet deal for businesses. It just really hurts nearly everyone else because it reduces the state’s general fund – by up to $340 million a year. 


  
When we give away hundreds of millions of dollars every year to religious and parochial schools, we have less money to spend on public schools, roads and all other services that benefit the majority of our citizens – especially the poor who rely more heavily on these services. 


 So why doesn’t the state just budget this amount of money directly to religious and private schools instead of ransacking the general fund after businesses donate it to the tax incentive program? 


 
Because it’s illegal to give taxpayer dollars to religious and private schools. The establishment clause of the First Amendment forbids it. 


  
The founders of our country didn’t want a state religion with schools teaching theological propaganda like we had in Great Britain. Moreover, they demanded tax dollars be spent with accountability to the whole public – something you cannot do in a private or religious school which isn’t set up for everyone but only those who choose and can afford to go there. 


  
However, some nefarious character in the Ridge administration (the Governor was pro-school-voucher but couldn’t get the policy passed in the legislature) thought up a loophole. He said that if tax money is turned into a tax credit, it’s no longer tax money and it doesn’t violate the rules to spend it on religious and private schools. 


  
So this is a fiscal sleight of hand meant to give businesses a tax break while boosting private schools. 


  
However, there’s an even more important reason they don’t call these things school vouchers. That term is extremely unpopular with voters. 
 


People don’t like school vouchers. But if you call it a “scholarship,” it’s more palatable. For instance, while school vouchers are mostly supported by Republicans, a substantial number of Democrats support education tax credit scholarships


  
 
 
I live in Allegheny County in the Pittsburgh region – the second highest area of the Commonwealth for these tax dodge…. I mean credits. The other is Philadelphia. 


 
Defenders of the project claim this money goes to fund “scholarships” for poor children to help defray the costs of enrollment at these schools. 
  


However, a family making as much as $100,608 per year can qualify for an EITC scholarship for their child. A family with two children could make up to $116,216 and still qualify. 


  
According to the law, the state is not allowed to collect income information about people using these vouch… I mean tax scholarships. However, we know that a significant number of them are being utilized at private schools with average tuitions of $32,000 – far more than the few thousand dollars provided by the scholarships. They are apparently being used by wealthy and middle class students who can already afford private schools but are using public tax dollars to reduce the cost. I wonder how many already go to these schools before even taking the scholarship. 


 
Consider this: one of the largest single recipients of this money in Allegheny County is the exclusive Shady Side Academy in Pittsburgh where tuition ranges from $56,495 for boarding students and $32,995 for day students. The private secular school takes in around $1 million annually from this program so that its wealthy students don’t have to spend as much on enrollment. 


  
So we are subsidizing the rich. 


 
And we are robbing the poor to do so. 
  


Even worse we’re using public money to fund the teaching of climate denial, creationism, indoctrination in religious and political ideologies! 
 


 
The state Budget and Policy Center estimates that about 76% of these “scholarships” go to religious schools. Many of these educational institutions are explicitly fundamentalist. This includes the 155 schools in the Association of Christian Schools International (ASCI) where they boast of “the highest belief in biblical accuracy in scientific and historical matters.” It also includes at least 35 schools in the Keystone Christian Education Association. 


 
And you don’t even have to be a business to divert your tax dollars into the program. 


 
The largest and shadiest group donating to the EITC Program are Limited Liability Corporations (LLCs). 


  
These “special purpose entities” are set up to represent individual donors so they can more easily divert tax dollars to private and parochial schools. 
  


LLCs represent hundreds of individuals who allow the LLC to donate on their behalf and then they get the tax credits passed back to them. It’s a way to encourage the wealthy to get the tax cut and support school privatization without all the hassle of doing the paperwork themselves. 
  


And most (if not all) of these LLCs are set up by religious organizations to boost their own parochial schools! 


 
For instance, Business Leadership Organized for Catholic Schools is perhaps the largest LLC receiving EITC funds. 
   


In Allegheny County, the largest are CASTA-SOS LLC and Pittsburgh Jewish Scholarship LLC. 


  
CASTA was set up by the Catholic Diocese of Pittsburgh. Pittsburgh Jewish Scholarship benefits Jewish schools in the city. 


 
Bridge Educational Foundation, a Harrisburg-based scholarship organization, operates the same way. On its Website, the organization claims to have provided $1,000 scholarships to more than 32,000 students in 61 state counties. 


 
 
I just cannot understand why Gergely and Brewster are not only supporting this program but think that it will generate good will among voters. 


 
 
They should be fighting to end this gaping hole in the state budget. They should be out there working their butts off to get adequate, equitable and sustainable funding for our public schools – not sitting on their butts congratulating themselves for helping religious and private schools get away with our hard-earned money! 
 


 

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Finally! PA Court Rules Unfair School Funding is Unconstitutional! 

Welcome to Pennsylvania, where a common-sense judgement takes 8 years in court


 

And regressive Republicans respond with more illogical nonsense. 

 
A judge in Commonwealth Court finally ruled this week that the state’s school funding system violates the state constitution.  

 
It took school districts, parents, and advocacy groups banding together to file the lawsuit back in 2014, but it was really kind of a no-brainer. 

It basically comes down to whether you can provide a mountain of funding to rich kids while throwing a few pennies at poor kids.

Spoiler alert: You can’t.

The reason? The state Constitution guarantees a “thorough and efficient system of public education to serve the needs of the Commonwealth” – and cake for rich kids while poor kids get crumbs just isn’t thorough or efficient or meets the needs of the Commonwealth.

The problem is that the state funds schools based heavily on local taxes – so rich neighborhoods can afford to pile on the monetary support while poor ones do the best they can but fall far short of their wealthier counterparts.

If the state paid more of the cost of educating Commonwealth children, this would be less of an issue. But Pennsylvania is 43rd in the country when it comes to the share of revenue for local school districts that it pays.

The result is one of the biggest spending gaps between rich and poor kids in the nation.  

Judge Renée Cohn Jubelirer, a Republican, ruled that this was discrimination. In short

“…the Pennsylvania Constitution imposes upon Respondents an obligation to provide a system of public education that does not discriminate against students based on the level of income and value of taxable property in their school districts… 

The disparity among school districts with high property values and incomes and school districts with low property values and incomes is not justified by any compelling government interest nor is it rationally related to any legitimate government objective…

[Therefore] Petitioners and students attending low wealth districts are being deprived of equal protection of law.” 


 
Unfortunately, no mention was made in the nearly 800-page ruling of exactly how to fix the problem. 

The trial began in November 2021 and lasted more than three months. You’d think the judge had time to toss off a line or two about what to do next, maybe that it’s up to the state to take up the slack or something.  


 
But no. 


 
Which leaves room for right wing creeps like the Commonwealth Foundation to crawl out from under a rock and give their own nonsense solution.


 
Enter Nathan Benefield, senior vice president of the Harrisburg based conservative and libertarian think tank that pushes for the destruction of any common good – especially public schools


 
Benefield wrote a response to the ruling praising it for leaving the legislature and executive branch to find a solution, rather than “mandating more money to a broken system.” 

Um, Benefield? Buddy? It’s broken mostly because we haven’t paid to keep it in good repair.

But he goes on…

“The only way to ensure that ‘every student receives a meaningful opportunity’ is for education funding to follow the child. Students that are trapped in their zip-code assigned school — especially in low-income and minority communities — often have no alternatives when their academic or social needs are unmet.” 

So the solution to not having enough money is more choice!?

I can’t afford to buy breakfast. Having a choice between raisin bran and pancakes won’t make a difference. I CAN’T AFFORD EITHER ONE!!!!

If every district received fair funding, it wouldn’t matter what your zip code is anymore. That’s the whole freaking point!

But look for neofacists and libertools to start spouting this kind of rhetoric at every turn now that they can’t hide behind the old excuse that it’s somehow fair to steal poor kids lunch money and give it to rich kids.

The next step is not entirely clear.

Some think it likely that the state will appeal the decision to the Pennsylvania Supreme Court. 

However, they would have a pretty weak case if they did, said Maura McInerney, an attorney for the plaintiffs.

“The record is very, very clear that local school districts are not adequately resourced,” she said. “I think it would be extremely difficult to be successful on appeal.” 

Judge Jubilerer wrote in her ruling that she hoped everyone would work together now to find a solution:

“The Court is in uncharted territory with this landmark case. Therefore, it seems only reasonable to allow Respondents, comprised of the Executive and Legislative branches of government and administrative agencies with expertise in the field of education, the first opportunity, in conjunction with Petitioners, to devise a plan to address the constitutional deficiencies identified herein.” 

It may sound naive, but it’s happened in other states – specifically New York and New Jersey. 

A suit filed in 2014 in New York argued that the state never fully funded a 2007 Foundation Aid program. The program was supposed to consider district wealth and student need in order to create an equitable distribution of state funding. 

The Empire State settled in 2021 and is now required to phase-in full funding of Foundation Aid by the 2024 budget. 

New Jersey tackled the issue way back in 1981. A state court ruled officials had to provide adequate K-12 foundational funding, universal preschool and at-risk programs. 

This made New Jersey the first state to mandate early education. The state also undertook the most extensive construction program in the country to improve the quality of school buildings in impoverished neighborhoods, according to the Education Law Center. 

Could such sweeping reforms be coming to the Keystone state?

“For years, we have defunded our public schools at the expense of our students,” said state Sen. Lindsey Williams (D- 38th district), who is the minority chair of the PA Senate education committee. “[The ruling] is game-changing for our students across the Commonwealth.” 

Sen. Vincent Hughes of Philadelphia, the ranking Democrat on the state Senate’s Appropriations Committee, said the state can afford a big boost in aid to the poorest schools right now because we have billions of surplus dollars in the bank. 

This is exactly what is needed.

During the trial, plaintiffs presented evidence that schools are underfunded by $4.6 billion, an estimate that they said does not account for gaps in spending on special education, school buildings and other facilities. 

 Some organizations like PA Schools Work are calling on legislators to act now by adding approximately $4 billion in Basic Education Funding. They even suggest the increase be at the rate of one billion per year over the next four years to make it more feasible. Finally, they propose this money be distributed through the Fair Funding Formula and the Level Up supplement so that it is more equitably distributed to districts in need.

To make matters even more complicated, the state uses an “outdated” formula to calculate how to allocate school funding.  

The legislature developed a new formula based on enrollment numbers and how much it costs to educate students who are living in poverty, English language learners, or have an Individualized Education Plan (IEP).  However, a large chunk of money isn’t distributed using that new formula.

The way I see it, the Commonwealth has a lot of education funding issues to fix.

Hopefully, this ruling finally means we’ve stopped arguing over whether a problem exists and can start focusing on how to solve it.

That, itself, would be a huge victory!


 

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Great Replacement Theory and School Choice

What do QAnon conspiracy theorists and school privatization promoters have in common?

Answer: ideology.

The two groups do everything they can to disassociate with each other in public.

But examine their ideas and you’ll see a lot of family resemblances.

For example, take Great Replacement Theory and School Choice.

Great Replacement Theory is the idea that people of color are replacing white people both numerically and politically. Adherents claim Democrats are overrunning native-born white people with brown skinned immigrants in order to wrest political power. The claims have no basis in fact, but that doesn’t stop the narrative from gaining traction in the darkest corners of the Internet and right wing circles.

It is a favorite of far right pundits, immigration catastrophists and mass shooters. In fact, several white men have used it as justification for mass murder.

In May a white teenager cited it as his motivation for killing 10 black people and wounding several others at a supermarket in Buffalo, New York.

In 2018, another white man claimed he was trying to stop Jewish people facilitating immigration by killing 11 Jewish people at the Tree of Life synagogue in Pittsburgh.

School choice, on the other hand, seems to be something much less extreme.

At least you don’t have to be a card carrying member of the lunatic fringe to espouse its supposed virtues.

It’s the idea that kids should be segregated into different school systems based on parental choice. This means that parallel systems will compete for students in a Darwinian marketplace where some will get better resources than others with profit being the prime motivator for school operators most of whom are private corporations. In practice, this usually means that the worst racial and economic segregation is justified and even preferable so long as consumers think doing so will get them some kind of advantage.

It’s quite a popular idea among certain market first ideologues. This includes both Democrats and Republicans, investment bankers, and even some social justice advocates.

These are not always the same people who publicly champion Great Replacement Theory. However, as Tucker Carlson proves on his Fox News platform, sometimes they are.

Carlson has used his media empire to promote both ideas.

For more than a year he’s been claiming on Fox News that there’s a deliberate effort by the Democrats to undermine Republicans by replacing native-born Americans with immigrants.

In July, he said:

“You can’t just replace the electorate because you didn’t like the last election outcomes. That would be the definition of undermining democracy, changing the voters… The great replacement. It’s not a conspiracy theory. It’s their electoral strategy.”

And when it comes to school choice, he goes even further. Not only has he promoted it on Fox News, he is co-founder and editor-in-chief of The Daily Caller, a media source that constantly promotes school privatization and other corporate education reform strategies – school vouchers, charter schools, etc.

So what do the two concepts have in common?

In short: racism and white supremacy.

Great Replacement Theory is a kind of grievance politics complaining about the steady loss of white privilege.

School choice is an attempt to recapture or maintain white privilege at the educational level and by extension into the adult economic and political world.

Great Replacement Theory has its roots in French nationalism books dating back to the early 1900s, according to the Anti-Defamation League (ADL).

Chief among these is French Author, Jean Raspail, whose 1973 novel, The Camp of the Saints, told a fictional tale of migrants banding together to take over France. However, the concept’s more contemporary use is attributed to Renaud Camus, a French writer who wrote “Le Grand Remplacement” (“The Great Replacement”) in 2011.

White supremacists blame Jewish people for nonwhite immigration to the U.S., and the concept is closely associated with antisemitism, according to the ADL.

Adolphus Belk Jr., professor of political science and African American studies at Winthrop University, said white nationalist movements arise when people of color are seen as a threat politically and economically.

Belk said white nationalists are worried that, “whites will no longer be a majority of the general population, but a plurality, and see that as a threat to their own well-being and the well-being of the nation.”

What makes individual extremists and white nationalist groups so dangerous, according to Belk, are the lengths they are willing to go to in order protect their position in society:

“They are willing to use any means that are available to preserve and defend their position in society … it’s almost like a sort of holy war, a conflict, where they see themselves as taking the action directly to the offending culture and people by eliminating them.”

By contrast, school choice is a quieter ideology, but based on similar foundations.

School choice originated in America’s racially segregated past. Around the time when the Supreme Court’s Brown v. Board ruling outlawed direct segregation in public schools, white lawmakers created programs for redirecting public money to private institutions so that white families didn’t have to send their children to schools with their Black peers.

And we see the same in charter schools and private schools accepting taxpayer funded vouchers today. The prime motivation behind sending children to these schools is often “white flight”. White parents use these options to flee schools with higher percentages of non-white students. And choice options tend to lure the more motivated and compliant students away from public schools.

This isn’t to say that the authentic public school system is unequivocally integrated, either. While there has been tremendous progress in many districts, unscrupulous school boards, administrators and lawmakers have drawn district lines in such a way as to limit integration even in a substantial number of public schools. However, the degree of segregation at privatized schools dwarfs anything you’ll see in public education.

School choice programs create the ideal situation for Black-white segregation. An analysis of high schools in more than 100 of the largest U.S. public school districts found a positive correlation between districts that offer school choice programs and the degree to which their high schools were racially imbalanced for Black and white students.

A national study of the trends in the racial makeup of nearly every school district in the U.S. found that charter expansions made segregation worse within school districts. An analysis of national enrollment data of charter schools, conducted by the Associated Press in the 2014-2015 school year, found more than 1,000 of the nation’s 6,747 charter schools had minority enrollments of at least 99%, and the number has been rising ever since.

We see the same effect with school vouchers. A 2018 study of Washington, D.C.’s voucher program found that 70% of voucher students were enrolled in heavily segregated schools with 90% or more minority students, and 58% were enrolled in all-minority schools.

So both concepts – Great Replacement Theory and school choice – center around increasing white supremacy.

Both seek to shore up white political and economic power regardless of white people’s numeric majority. In fact, as white people become less of the majority – not through any importing of people of color from other nations but as a natural consequence of birth rates – they seek to disempower people of color.

In education, this means keeping Black and white students separate and unequal. It’s a way to divert more resources to the white students and ensure the Black students do not receive the same opportunities.

Sadly, these ideas are not really new in this country. Both share the spirit of George Wallace who in 1963 proudly proclaimed:

“Segregation now, segregation tomorrow and segregation forever!”

As Malcolm X observed:

“America preaches integration and practices segregation.”

The question remains whether voters will support such artifacts of the past or turn to a future where our ideals of equality and fairness triumph over our reality of inequality and injustice.

QAnon and school privatization may share a family resemblance, but it is up to us whether we reject that family or not.


 

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I Will NOT Lead My Students in Prayer and Neither Should You

As a public school teacher, I have a responsibility not to bully my students into believing as I do.

In fact, I go out of my way to respect their right to form their own opinions – to think, not just to accept what they’re told.

The US Supreme Court apparently has no idea how this works.

The six Republican members (I refuse to call them justices) paved the way for organized prayer in public schools by ruling this week in support of a high school football coach who lead his team in prayer on the field.

Anyone who has ever been in the minority knows that when an authority figure leads students in an activity, it is not optional – no matter what they say.

I know this from personal experience.

When I was in elementary school, I was one of a handful of Jewish kids in a building of mostly Catholics, Methodists, Presbyterians, etc.

In December, the kids were preparing for a choral concert where we’d sing a slew of holiday songs.

I loved to sing and enjoyed Frosty the Snowman, Jingle Bells and all the other classics…

Except one – Silent Night.

I just didn’t feel right singing things like “Round yon virgin mother and child” and “Christ the savior is born.”

So when we practiced that song, I’d stop singing.

I’d enthusiastically belt out all the other tunes, but I just stood there when it was time for Silent Night.

I didn’t think it would make a difference. There were hundreds of others kids. No one would notice me.

But the choral teacher did.

She pulled me out of line and demanded to know why I wasn’t singing. I told her I was Jewish and didn’t want to sing that song.

She chided me for making everyone else look bad and told me to just move my mouth during the song so it looked like I was singing.

I didn’t want to do that. I didn’t want people to even THINK I was singing things I didn’t believe.

It’s not that I really accepted Santa and his reindeer, either, but this was somehow different. I didn’t want my parents to go to the concert and see me participating in this farce. I didn’t want to be forced to go onstage and before everyone profess the opposite of all I had been taught – to declare myself other than what I really was.

But the other kids were right there listening to this whole conversation and giggling. It was yet another way I was being marked as an outsider, as different – so I gave in and did what she demanded.

In retrospect, I now know I could have complained to my parents and gone to the principal and we could have even taken the matter to court like the aforementioned coach.

However, when you’re a little kid in elementary school you usually just listen to what the adults tell you to do. At least I did.

It took me decades to get over it. Really.

Whenever that song would come on the radio or I’d hear it in a department store, I’d get all tense and upset. Like something had been stolen from me.

So it was with some trepidation many years later that I attended my daughter’s first winter concert when she was in elementary school.

It was with some relief that I noticed no holiday songs like Silent Night. They were all pretty secular and even multicultural.

And my daughter goes to the same district I went to as a child.

We’ve come a long way in the past three decades.

By and large, public school teachers today make an effort not to force their ways onto their students.

It’s a lesson I take to heart, myself, in my middle school classes.

When we discuss things – as you must in Language Arts – I encourage students to agree OR disagree with me or anyone else. Either option is okay so long as they try to explain why they think the way they do.

Moreover, I encourage them not to just speak but to also listen to what their classmates have to say and even be open to revising their original thoughts based on what they’ve heard.

And this includes discussions of religion.

When something Biblical or theological comes out of a book like “To Kill a Mockingbird” or “The Outsiders,” we give it our full attention.

I tell my kids that they can say or think whatever they want about it. If they want to talk about God or religion, that is fine. It’s just me who is constrained. I am not allowed to give them my own opinion on these matters.

Often I tell them that this isn’t necessarily what I believe, but I’ll propose one idea or another to get them thinking.

I remember one year my students were particularly interested in religion, and they complained that they couldn’t pin me down on anything – they couldn’t tell if I was religious or an atheist.

And that’s how it should be.

Kids have never been forbidden from talking about God or praying in school.

It’s just that teachers have been forbidden from telling them what to think or leading them in prayer.

Until now.

However just because an increasingly illegitimate Supreme Court makes a regressive ruling doesn’t mean teachers have to change.

Even if we CAN lead kids in prayer, that doesn’t mean we SHOULD.

I don’t plan on altering a single thing in my classroom, and I don’t think my colleagues should, either.

But there are 3.2 million teachers in public schools. There are bound to be some who will use this ruling as an excuse to give in to their worst tendencies.

So here’s what I suggest we do.

We should not coerce our students to do anything, but we damn well can and SHOULD pressure our colleagues not to indoctrinate their students.

Principals should give crappy assignments to teachers who break this taboo. Keep them away from students if at all possible. After all, they don’t belong in the classroom if they’re going to misuse the trust students have in them.

Teachers should give them the cold shoulder in the faculty room and at the copier.

Want to borrow my grammar unit? Not if you’re going to subject your classes to your faith and encourage them to follow along.

Consenting adults can do what they like on their own time, but this is public school.

When it comes to undue influence, inculcation and alienation of kids who are different, we cannot be bystanders.

We may not have dark money and Christian Nationalists behind us, but until we have a rational Supreme Court to overturn this decision or a Congress with enough guts to codify freedom from religion into law, teachers still have some modicum of power.

We should use it to protect our children.


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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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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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Bernie Sanders Supporters Have Every Right to Be Furious

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Dear non-Bernie Sanders supporters,

 

Shut up.

 

Seriously.

 

Sit down, and shut the fuck up.

 

You’ve been doing an awful lot of talking lately, and there’s a few things you need to hear.

 

We, the Bernie supports, are sick and tired of the never-ending flow of bullshit coming out of your mouths.

 

For the past five years you’ve called us Bernie Bros, Bernie’s Internet army, Russian bots, naive, sexist, racist, privileged, pigs.

 

Yet women, people of color, LGBTQ folks, social, racial and ethnic minorities make up a sizable portion of our numbers, but somehow we’re prejudiced.

 

You didn’t listen to us in 2016 when we said Hilary Clinton was unelectable. You didn’t listen to us when we said Donald Trump had a real chance at winning. But you blamed the entire catastrophe on the handful of us who didn’t vote for your candidate.

 

And now the second Bernie Sanders suspends his 2020 campaign, you’re all over us to commit to your boy, Joe Biden.

 

We’ve been here before. We have a pretty good idea how this story ends. Maybe you’d do well to listen to us for once.

 
We’ve spent years of intense effort changing the narrative of politics in America. We’ve held live streams, phone banked, knocked on doors, overfilled arenas. We’ve pushed Medicare for all, raising the minimum wage, universal college, a Green New Deal.

 

And the only thing you can say is “I told you so”?

 

All you have to say is “blue no matter who”?

 

It’s just “Get in line or you’ll be responsible – again.”

 

Let me ask you a question: what are YOU responsible for?

 

When Bernie was winning state after state, the media acted like it was a literal invasion of brownshirts. When Biden was winning, it was the best news since sliced bread.

 

Who’s responsible for that?

 

Bernie was running away with the primary until nearly all the other candidates mysteriously dropped out all at once right before Super Tuesday. And now we find out Barack Obama gave them each a call before hand – putting his finger on the scale.

 

Who’s responsible?

 

The Democratic National Committee literally pushed to continue primaries in Illinois, Florida and Arizona during a pandemic in case waiting might bolster Bernie – the candidate with policies tailor made to fight COVID-19. And the result has been a flood of sick people and a nearly insurmountable delegate lead.

 

Who’s responsible?

 

Once again – no one.

 

Not a single establishment Democrat, Hillary or Biden supporter has ever said, “We fucked up.” It’s only what everyone else did. No accountability for your actions at all.

 

Don’t Bernie supporters have a right to be pissed off about it?

 

Can we just have a moment to express our authentic human rage?

 
This may come as a shock but almost all Bernie supporters want to beat Trump in November.

 

And now we have no choice but Biden with which to do it.

 

We have a candidate with a long history of outrageous and provable lies – including statements only a month old that he was arrested while visiting Nelson Mandela in South Africa.

 

We have only a candidate with a history of inappropriate touching of women and a credible rape allegation.

 

We have a candidate who degraded Anita Hill to help far right Republican Clarence Thomas get on the Supreme Court.

 

We have a candidate who wrote the bankruptcy bill that stopped protection from millions right before a recession.

 

We have a candidate who has repeatedly been willing to cut social security.

 

We have a candidate who refuses to support Medicare for all – even during a global pandemic.

 

And you think Berners are somehow out of line for expressing anger over this shit?

 

You need to wake up.

 

At this point, we need unity more than ever.

 

We need to come together and defeat Trump.

 

But to do that, we need more than just hatred of the incumbent.

 

Sure we need someone who will nominate sane Supreme Court justices, but we need a base that will give him the support to get these nominees approved and not leave them in the wind like Merrick Garland.

 

We need real policies that people can get behind. And even if Bernie came up short on delegates, his policies are still incredibly popular – more popular than he is.

 

If you want some of us to pull the lever for your boy in November, you’d do a lot better fixing Biden’s policy positions than gaslighting Bernie folk.

 

You’d do a lot better getting Biden to pick strong progressives for cabinet positions and leadership positions in his electoral campaign than trying to bully us into obedience.

 

You’d do a lot better committing to Bernie as a second choice if Biden somehow demonstrates he’s unable to continue with the campaign (and you KNOW what I mean).

 

And perhaps more than anything – you’d do well to give us a little fucking space.

 

Berners need time to mourn.

 

I said that before and someone thought I was joking. I’m not.

 

If Bernie folk have a weakness, it’s that we’re believers.

 

We believed in our political revolution.

 

We believed in the idea of “Not me. Us.”

 

We believed a better world was possible.

 

Now that better world is further out of reach.

 

And all you have to offer us is one that’s slightly less fucked.

 


 

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Charter Schools Were Never a Good Idea. They Were a Corporate Plot All Along

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America has been fooled by the charter school industry for too long.

 

The popular myth that charter schools were invented by unions to empower teachers and communities so that students would have better options is as phony as a three dollar bill.

 

The concept always was about privatizing schools to make money.

 

It has always been about stealing control of public education, enacting corporate welfare, engaging in union busting, and an abiding belief that the free hand of the market can do no wrong.

 

Charter schools are, after all, institutions run privately but paid for with tax dollars. So operators can make all decisions behind closed doors without public input or accountability. They can cut student services and pocket the difference. And they can enroll whoever the heck they want without providing the same level of education or programs you routinely get at your neighborhood public school.

 

In essence, charter schools are a scheme to eliminate the public from public education paid for at public expense.

 

 

But whenever anyone brings up these facts, they are confronted by the bedtime story of Albert Shanker and his alleged advocacy of the industry.

 
So grab your teddy bear and put on your jammies, because here’s how it goes:

 
Once upon a time, hero president of the American Federation of Teachers (AFT) Al Shanker had an idea. He wanted to make laboratory schools where educators would be freed of regulations so they could experiment and find new pedagogies that worked. Then these innovations could spread to the rest of the school system.

 

One day in 1988, he gave a speech at the National Press Club and subsequently published a column in the New York Times advancing this idea.

 

And he called it – Dum, Dum, DUM! – charter schools!
The second act of the story opens in the mid-1990s when Shanker had largely turned against the idea after it had been co-opted by business interests.

 

He dreamed of places where unionized teachers would work with union representatives on charter authorizing boards, and all charter proposals would include plans for “faculty decision-making.” But instead he got for-profit monstrosities that didn’t empower workers but busted their unions.

 

If only we’d stuck with Shanker’s bold dream!

 

Or at least, that’s how the story goes.

 

Unfortunately it’s just a story.

 

It’s not true. Hardly a word of it.

 

Shanker did not come up with the idea of charter schools. He wasn’t part of the plan to popularize them. He didn’t even come up with the term “charter school.”

 

If anything, he was a useful patsy in this stratagem who worked tirelessly to give teachers unions a seat at the table where he then discovered they were also on the menu.

 

The real origin of charter schools goes back decades to at least the 1950s and the far right push for deregulation.

 

When the afterglow of the atomic bomb and the allied victory in Europe had faded, there was political backlash at home to roll back the amazing economic successes of the New Deal. Social security, strong banking regulations, deposit insurance, a minimum wage, job programs that put millions of people to work – all of that had to go in favor of right wing ideology.

 

A cabal of mostly wealthy, privileged elites wanted to do away with these policies in the name of the prosperity it would bring to themselves and their kind. They claimed it would be for the good of everyone but it was really just about enriching the already rich who felt entitled to all economic goods and that everyone else should have to fight over the crumbs.

 

Never mind that it was just such thinking that burst economic bubbles causing calamities like the Great Depression in the first place and made the conditions ripe for two world wars.

 

Show me the money!

 

However, this really didn’t go anywhere until it was combined with that most American of institutions – racism.

 

Even before the Supreme Court’s 1954 Brown vs. Board decision struck down school segregation, many white people said they’d never allow their children to go to school with black children.

 

In the South, several districts tried “freedom of choice” plans to allow white kids to transfer out of desegregated schools.

 

In 1952 and ’57, governments in two states – Georgia and Virginia – tried out what became known as the “private school plan.” Georgia Gov. Herman Talmadge and community leaders in Prince Edward County, Virginia, tried to privatize public schools to avoid any federal desegregation requirements. Each student would be given a voucher to go to whatever school would enroll them – segregated by race.
The plan was never implemented in Georgia and struck down by the federal government in Virginia after only one year as a misuse of taxpayer funds.

 

But these failed plans got the attention of one of the leading deregulation champions, economist Milton Friedman.

 

He sided with the segregationists citing their prejudice and racism as merely “market forces.”

 

In his seminal 1955 tract, “The Role of Government in Education,” he wrote:

 

“So long as the schools are publicly operated, the only choice is between forced nonsegregation and forced segregation; and if I must choose between these evils, I would choose the former as the lesser. Privately conducted schools can resolve the dilemma … Under such a system, there can develop exclusively white schools, exclusively colored schools, and mixed schools.”

 

Throughout the 1970s, school voucher proposals were widely understood as a means to preserve school segregation, according to education historian Diane Ravitch. But they couldn’t gain any traction until privatizers came up with a new wrinkle in the formula – the charter school.

 

Charter schools are really just school vouchers with more money and regulations.

 

In the case of vouchers, we use tax dollars to pay for a portion of student enrollment at private and parochial schools. In the case of charters, we use tax dollars to pay for all of a student’s enrollment at a school that is privately managed. The only difference is how much taxpayer money we give to these privatized schools and how much leeway we give them in terms of pedagogy.

 

Charter schools can do almost whatever they want but they can’t blatantly teach religion. Voucher schools can.

 

Other than that, they’re almost the same thing.

 

In order to get the public to support school privatization, Friedman thought we’d need to convince them that they didn’t need the burden of self-government. This was especially true of minorities.

 

In his 1981 book Free to Choose, Friedman and his wife Rose suggested the necessity of convincing black voters that they didn’t need Democracy. School privatization could be pitched as a system that would “free the black man from dominion by his own political leaders.”

 

The opportune moment came in 1983 with the publication of the Reagan administration’s propaganda piece A Nation at Risk. Using bogus statistics and outright lies, the report painted our public school system as a failure and set up the false urgency that school deregulationists needed.

 

From this point forward, a series of supply side lawmakers, policy wonks, economists, billionaires and CEOs came out of the woodwork to push for school privatization which culminated in the first charter school law in 1991 in Minnesota.

 

In the middle of all this tumult came Shanker’s National Press Club speech in 1988.

 

Ronald Reagan was still in office and it’s hard to overstate the threat he posed to unions having infamously fired more than 11,000 striking air traffic controllers.

 

Shanker was trying to ride the tide of public opinion in favor of deregulation and privatization. He accepted the bogus criticisms of schools in A Nation At Risk and offered to restructure schools to fix the problem. Like so many union leaders after him, Shanker gave away much of the power of his people-driven movement so as not to come across as obstructionist. He didn’t think teachers unions could oppose the rising tide of privatization without offering innovations of their own.

 

It’s true that he called these reforms “charter schools” but he didn’t invent the term. He borrowed it from a little-known Massachusetts educator, Ray Budde, who meant by it something very different from what it has become. Budde thought school boards could offer “charters” directly to teachers allowing them to create new programs or departments.

 

Shanker’s proposal wasn’t nearly the first time a public figure had suggested restructuring public schools.

 

In the late 1960s after helping provide justification for school desegregation, sociologist Kenneth Clark advocated for alternative school systems that could be run by groups as diverse as universities to the Department of Defense.

 

Shanker’s contribution was not nearly as powerful as subsequent apologists have claimed. He was one voice among many. Though his comments were useful to the deregulators, they ignored everything of substance he had said beyond the myth that he supported their efforts at school privatization.

 

According to journalist Rachel Cohen, the true architect of the charter school concept as it appears today wasn’t Shanker, Budde or Clark. It was Minnesota “policy entrepreneur” Ted Kolderie.

 

He was at the heart of the issue pushing for school privatization from the 1970s through the 1990s.

 

Throughout the 1970s, Kolderie lobbied for a plethora of ways for private industry to provide government services – including education – through an initiative known as Public Service Options (PSO). By 1981, the focus narrowed almost exclusively to education.

 

In several reports, he blamed the bogus failure of public schools on the democracy of the school boards. Though he didn’t use the term “charter school,” his conception was essentially the same as the modern charter school: independent schools accountable only through market forces and a set of contractual obligations. He thought they could be run by almost anyone – universities, corporations, nonprofits— even public school districts – if state law could be amended to allow it.

 

That’s pretty much a charter school – a privately run learning institution that’s publicly financed.

 

Why doesn’t Kolderie get the credit? Why the emphasis on Shanker who had very little to do with what ultimately became law?

 

Because Kolderie and others wanted to hide behind the union. They wanted their policy to have a friendlier public image than that of a shadowy puppet master.

 

Shanker walked right into their trap.

 

He even agreed to give another speech in favor of charter schools in October 1988 at the Minneapolis Foundation’s annual Itasca Seminar for political and business leaders.

 

With continued lobbying from the corporate sector and right wing ideologues, three years later the state was the first to pass a charter school law.

 

And the die was cast.

 

Sure charter school cheerleaders like to give Shanker the credit today, but the legislation that was eventually passed and funneled to other states through the American Legislative Exchange Council (ALEC) had little resemblance to anything Shanker said.

 

It was the deregulation and privatization model first conceived in the 1950s, funneled through Friedman and now Kolderie.

 

And make no mistake – the overall plot wasn’t simply to enact charter schools. That was merely the foothold that enabled subsequent school voucher bills and tax scholarship plans (vouchers lite). The end game was made clear by Friedman time and again – the complete destruction of public schools.

 

While speaking to rightwing lawmakers at a 2006 ALEC meeting, Friedman explained that school privatization was always about “abolishing the public school system.”

 

Here is an excerpt from Friedman’s ALEC speech:

 

“How do we get from where we are to where we want to be—to a system in which parents control the education of their children? Of course, the ideal way would be to abolish the public school system and eliminate all the taxes that pay for it. Then parents would have enough money to pay for private schools, but you’re not gonna do that. So you have to ask, what are politically feasible ways of solving the problem. The answer, in my opinion, is choice…”

When Minnesota proposed the first charter school law, the state teachers union fought against it. But tellingly Shanker refused to speak out during legislative debates.

 

And this was due in part to the rise of the neoliberals.

 

School privatization was the brainchild of the far right. But as the ‘80s gave way to the ‘90s, so dawned a new type of political figure – the social progressive with distinctly right wing economic views.

 

In 1989 when the Democratic Leadership Council (DLC) named Bill Clinton as chairman, it also founded its own think tank—the Progressive Policy Institute. Kolderie worked closely with the DLC and even wrote its first policy paper on school privatization.

 

Clinton was an immediate convert, embracing Kolderie’s proposals as he traveled around the country making speeches even though he knew it was unpopular with teachers unions. Clinton ruffled so many feathers that Shanker, himself, commented, “It is almost impossible for us to get President Clinton to stop endorsing [charters] in all his speeches.”

 

Though the first charter school law came a year later, in 1990 Wisconsin passed the first school voucher program. Since it was pushed through with mostly Republican support, this provided cover for neoliberal charter supporters. Though there was little difference between the two policies, neoliberals could distinguish themselves by criticizing school vouchers while endorsing their ideological cousins the charter schools.

 

So we had the two major political parties both supporting different flavors of the same school privatization.

 

It allowed Democrats to stop supporting more funding for social programs and schools while weakening the main driver of such policies – labor unions. This allowed the neoliberals to be economically as conservative as their “adversaries” across the aisle while publicly pretending to support progressivism.

 

Today, there are charter schools in 43 states and the District of Columbia educating nearly three million students.

 

This does not now – and never did – represent any ideal offered by Shanker or unions.

 

His dream of teacher-run schools as laboratories of innovation may or may not have merit, but not at the expense of making different rules for different schools. Where regulation is important, it is important for all schools. Where it is too restrictive, all schools should be freed from its requirements. All teachers should be allowed to innovate and take a leadership role in their schools.

 

When Shanker spoke about “charter schools,” he was not a visionary. He was leading us down a dead end. He was foolishly offering an olive branch to an inferno. That doesn’t mean he started the blaze or even that it was his idea.

 

Yet even now you can read propaganda that says otherwise on the AFT’s own Website – “Restoring Shanker’s Vision for Charter Schools” by Richard D. Kahlenberg and Halley Potter. It’s funny how Potter, a former charter school teacher, and Kahlenberg, a senior fellow at the Century Foundation – which loves charter schools – both want to keep the happy face on an ugly idea. And sad that one of the largest teachers unions can’t face up to one of its heroes biggest mistakes.

 

If charter schools have a face, it should be Kolderie’s or Friedman’s – or perhaps it should be the industry’s most famous modern champion Betsy Devos.
Charter schools are no progressive dream.

 

They are the corporate paradise of spending tax dollars with zero accountability, zero transparency and as much deregulation as possible. They are the continued destabilization of public education in the knowledge that the edifice cannot stand without support indefinitely.

 

Public education will crumble and fall just as the architects of school privatization always knew it would.

 

Unless we take a stand and take back our power.

 

To do that we need to understand where charter and voucher schools came from and who is responsible.

 

Charter schools do NOT represent a good idea that was perverted by the corporate world. It is an essentially bad policy that should be abolished immediately.

 


NOTE: This article owes a debt to the reporting of Rachel Cohen.


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Busing and School Segregation Used for Politics not Policy

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If children of all races went to the same schools with each other, it would be harder to treat them unequally.

 

Moreover, it would be harder for them to grow up prejudiced because they would have learned what it’s like to have classmates who are different from them.

 

And though most people agree with these premises in principle, our laws still refuse to make them a reality in fact.

 

Perhaps that’s why it was so astounding when Kamala Harris brought up the issue of school segregation and busing at the first Democratic debates.

 
If you’re anything like me, for the first time these debates made Harris look like a viable contender for the party’s Presidential nomination to face Republican incumbent Donald Trump in 2020.

 

But then she immediately contradicted herself when people actually started to take her seriously.

 

During the debates, Harris called out front runner and former vice president Joe Biden for opposing court-ordered busing in the 1970s as a way of combating school segregation.

 

The California Democrat and former federal prosecutor rightly said that 40 years ago there was a “failure of states to integrate public schools in America,” so “that’s where the federal government must step in.”

 

But her star-making moment was when she made the whole matter extremely personal.

 

“There was a little girl in California who was part of the second class to integrate her public schools and she was bused to school every day,” Harris said. “That little girl was me.”

 
The tactic was so successful that Biden has been fumbling to apologize and explain away a history of obstructing desegregation ever since.

 

A Reuters/Ipsos poll conducted after the debate showed Biden had lost half of his support among black voters since earlier in June.

 

Meanwhile, the Harris campaign was quick to cash in on the political capital she earned by selling t-shirts with a picture of herself when she was in school with the emblem “That Little Girl Was Me.”

 

It could almost be a masterclass in how to make a political point to both boost your own campaign and change the narrative to improve national policy.

 

That is if Harris actually backed up her rhetoric with action.

 
Unfortunately, she has been tripping all over herself to keep this a criticism of Biden and not let it become a policy prescription for today.

 
While perfectly happy to support busing as a measure to stop segregation in the past, she seems much less comfortable using it to stop our current school segregation problems.

 

Because even though the landmark Supreme 
Court decision that found racial segregation to be unconstitutional – Brown v. Board of Education – is more than 60 years old, our nation’s schools are in many places even more segregated now than they were when this ruling was handed down.

 

So the question remains: in some areas should we bus kids from black neighborhoods to schools located in white ones and vice versa to ensure that our classrooms are integrated?

 

Since the debates, Harris has waffled saying busing should be “considered” by school districts but she would not support mandating it.

 

In subsequent comments, she said she’d support a federal mandate for busing in certain situations where other integration efforts have not been effective or when the courts have stepped in to provide the federal government that power. However, she does not believe that either of these conditions have been met.

 

Frankly, it sounds a whole lot more like someone desperately making things up as she goes along than someone with a true plan to fix a deep problem in our public education system.

 

She rightly attacked Biden on his record but then came up short trying to prove that she would be much different, herself, if elected.

 

However, that doesn’t mean all Democratic candidates are so unprepared. A handful have detailed integration policy proposals.

 

The most obvious is Bernie Sanders.

 

In fact, it is a cornerstone of his “Thurgood Marshall Plan for Education.” Not only would he repeal the existing ban on using federal transportation funding to promote school integration, he would put aside $1 billion to support magnet schools to entice more diverse students. However, the most ambitious part of his desegregation effort goes beyond legislation. Sanders promises to “execute and enforce desegregation orders and appoint federal judges who will enforce the 1964 Civil Rights Act in school systems.”

 

Sanders understands that the courts have largely sabotaged most desegregation efforts in the last 40 years.

 

At least two Supreme Court rulings have taken away the federal government’s power to enforce Brown v. Board. The first was 1974’s Milliken v. Bradley ruling which established that federal courts could not order desegregation busing across school district lines. They could only do so inside districts. So in big cities like Detroit – where the case originated – you have largely black city schools surrounded by mostly white suburban ones. The ruling forbids busing from city to suburban districts and vice-versa thereby destroying any kind of authentic desegregation efforts.

 

More recently, in 2007, the Supreme Court’s Parent’s Involved decision put even more constraints on voluntary busing programs.

 

Sanders is acknowledging these problems and promising to select judges to the bench who would work to overturn these wrongheaded decisions.

 

To my knowledge, no one has yet offered a more comprehensive plan.

 

However, former Housing and Urban Development Secretary and San Antonio Mayor Julián Castro comes in at a close second.

 

As you might expect, his school integration plan focuses on real estate and housing issues. According to his Website, Castro’s plan includes:

 

“Fulfill the promise of Brown v Board of Education through a progressive housing policy that includes affirmatively furthering fair housing, implementing zoning reform, and expanding affordable housing in high opportunity areas. These efforts will reduce racial segregation in classrooms.”

 

In other words, Castro hopes to work around the courts by incentivizing integration in neighborhoods which would also increase it in our schools.

 

It’s a good plan – though perhaps not enough in itself.

 

Unfortunately, there are reasons to doubt Castro’s sincerity here. Unlike Sanders’ plan, Castro’s education policy statement is littered with jargon right out of the school privatization, edtech and high stakes testing playbook. These are, after all, the same people who have worked to increase segregation with the promotion of charter and voucher schools.

 

For instance, the second point of his plan is called “Reimagining High School” – a monicker stolen from the XQ Superschools program, a philanthrocapitalist scheme to rebrand school privatization funded by Laurene Powell Jobs, the widow of Steve Jobs.

 

This shouldn’t be surprising coming from 
Castro. In 2013, the mayor went on a tour of cities sponsored by Education Reform Now – an arm of Democrats for Education Reform, a school privatization lobbying network. In the same year, he was also a featured guest at a ribbon cutting ceremony for IDEA charter schools. In 2010, he admitted he had no problem taking money with strings attached – a reference to the Obama administration’s chief education initiative of offering education grants if states increased reliance on high stakes testing and charter schools. In particular, Castro said: “I would have taken the Race to the Top money if I was mayor, dogcatcher, or whatever.”

 

And speaking of standardized testing and edtech, there are other telling hints that he’s on the neoliberal bandwagon in his current education plan:

 

“Provide educators and public schools flexibility in defining success, including competency-based assessments and support for transitions away from seat-time requirements. Provide maximum flexibility for school leaders, teachers, and students to work together to develop rigorous, competency-based pathways to a diploma and industry recognized credentials,” [Emphasis mine].

 

These terms “competency-based” and “rigorous” have strong associations with the privatization industry. “Competency-based” education programs usually mean making kids do daily mini-standardized tests on iPads or other devices and other untested cyber education programs. “Rigorous” has been associated with topdown academic standards like the Common Core that provide students with few resources or even taking them away and then blaming kids for not being able to meet arbitrary and developmentally inappropriate benchmarks.

 

Castro has some good ideas, but his troubling associations and language give any person familiar with these issues reason to pause.

 

Of course, Castro has not yet made a real mark among those Democrats seeking their party’s nomination.

 

Perhaps more important is the relative silence of a more popular candidate, Sen. Elizabeth Warren.

 

She hasn’t spoken much about integration efforts on the campaign trail. Along with Sanders, she is a co-sponsor of the Strength in Diversity Act, the leading congressional vehicle for school integration. However, that legislation is deeply flawed because it not only increases grant money for desegregation but also gives a big chunk of change away to charter schools.

 

In the past, Warren has supported a kind of school voucher program to separate where a student is enrolled in school from where they live entirely, but you can add it to the list of education issues she has not seen the need to clarify as yet.

 

It’s no surprise that so few Democratic hopefuls want to address the issue of desegregation – especially doing so through busing.

 

White middle class and wealthy people generally don’t support it.

 

They simply don’t want their kids going to schools with large numbers of black and brown students.

 

And this is a real moral weakness in white culture.

 

I went to an integrated school from Kindergarten to high school. My daughter goes to the same district. I teach at another integrated school.

 

The benefits of attending such a school far outweigh any negatives.

 

If students have to spend more time getting to and from school via buses to reach this goal, it wouldn’t matter if we valued the outcome.

 

In fact, many white parents don’t mind putting their kids on buses or driving them to get away from minority children.

 

Certainly we should try to minimize the time it takes to get to and from school but that shouldn’t be the only consideration.

 

They say we get the leaders we deserve.

 

If white people really want to defeat Trump, they may have to start by defeating the bigot inside themselves first.


 

Like this post? I’ve 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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Kavanaugh Confirmation Begs the Question – Does Truth Matter?

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“The very concept of objective truth is fading out of the world. Lies will pass into history.”

-George Orwell

 

 

Does the truth matter?

 

It seems to be one of the central questions of our age.

 

We just held a Senate confirmation hearing for Brett Kavanaugh’s lifetime appointment to the Supreme Court.

 

And despite multiple women making credible allegations of sexual misconduct against him…

 

Despite an FBI investigation so grossly limited in scope that investigators couldn’t even interview either the accusers or the accused…

 

Despite the withdrawal of support from some of the most conservative organizations including the National Council of Churches representing more than 100,000 congregations, the magazine of the Jesuit religious order, and even former Supreme Court Justice John Paul Stevens…

 

Despite all that, the Republican majority gave their wholehearted approval.

 

 

Only Alaska Senator Lisa Murkowski bucked her party and voted against him – while Senator Joe Manchin of West Virginia was the only Democrat to vote for him.

 

 

The result was a forgone conclusion – a Republican majority who blatantly ignored any evidence and made a decision based purely on party politics.

 

Dr. Christine Blasey Ford testified in front of these people only a week earlier about a drunk Kavanaugh’s attempted rape when they were both in school.

 

She put her life, her security and her family’s happiness on the line to come forward. She still can’t return to her home after multiple death threats.

 

Yet those in power chose to ignore her.

 

They looked at the facts presented to them and chose to interpret them in a way that allowed them to do what they wanted to do in the first place.

 

Many said that they believed Ford was accosted but not by Kavanaugh.

 

Yet they refused to allow the kind of investigation that might have gotten at the truth.

 

These are not the actions of lawmakers interested in what happened all those years ago between Kavanaugh and Ford – or between Kavanaugh and multiple other women who they didn’t even give a hearing.

 

These are not the actions of lawmakers concerned about picking the best person for the job.

 

Instead, they are the actions of partisans who put power over objective reality.

 

They’d rather craft a story that fits their desires than the other way around.

 

It is craven, cowardly and disrespectful to their office and their charge.

 

This article began with a quote from George Orwell, author of 1984. Let me offer another:

 

“Totalitarianism, however, does not so much promise an age of faith as an age of schizophrenia. A society becomes totalitarian when its structure becomes flagrantly artificial: that is, when its ruling class has lost its function but succeeds in clinging to power by force or fraud. Such a society, no matter how long it persists, can never afford to become tolerant or intellectually stable.”

 

That is what happened here. A ruling class resorting to force and fraud to broaden its power.

 

 

Republicans already have control of two branches of government. Now they have stolen a third – a power grab that will echo down the halls of history for decades to come.

 

 

This is a senate majority representing fewer people than the so-called minority, lead by a President who lost the popular vote.

 

It is not democracy or a just republic. It is a coup.

 

 

As Orwell warns, when we ignore an inconvenient reality, we are on the road to totalitarianism.

 

 

It didn’t matter to those senators whether Kavanaugh was a blackout drunk, whether he still drinks to excess, whether he engaged in sexual harassment or attempted rape.

 

Heck. He could have attacked Ford on the floor of the Senate, itself, on live TV.

 

None of it would have mattered.

 

He was simply a means to an end – the increased power of the Republican Party and the donor class it represents.

 

GOP senators (and even Kavanaugh, himself) complained about dark money influencing the nomination process, yet the overwhelming majority of that money came from conservative backers!

 

They raved and foamed at Democrats for stalling the nomination yet refused to take responsibility for sabotaging Barack Obama’s nomination of Merrick Garland.

 

Instead they offered bad faith distinctions between what you can do during an election year vs. a presidential election year – as if it made any difference.

 

It is not just the spirit of the Constitution that lay in tatters on the Senate floor – but the fabric of reality, itself.

 

Thankfully, voters have an opportunity to have their voices heard in a few weeks.

 

We can take to the polls and let these people know how we feel about it.

 

Honestly, this may be our last chance.

 

I am absolutely devastated by these events.

 

I find myself at the ripe old age of 44 chiding myself for being naïve.

 

I watched the hearing as if it were a TV show or a Frank Capra movie. At the last minute, goodness will prevail.

 

That didn’t happen.

 

I, too, was blind to reality.

 

Well, the blinders are off.

 

Like so many of you, I am in mourning for a country that never really existed.

 

But the wake is in November.

 

Let’s hope it will be the start of a rebirth.

 


Click here to find ways to get involved in the November 6 midterm election.


 

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