courts

Finally! PA Court Rules Unfair School Funding is Unconstitutional! 

stevenmsinger Accountability, Allegheny County, Budget, Charter Schools, Civil Rights, Compassion, Democrat, Education, Harrisburg, history, Labor, Learning, Parents, Pennsylvania, Philadelphia, Philadelphia Schools, Pittsburgh, Politics, Poverty, Prejudice, privatization, Propaganda, Republican, School Choice, school closings, School Funding, school vouchers, Schools, Special Education, Standardized Testing, Students, Supreme Court, Teachers, Uncategorized, Unions , , , , , , , , , ,

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!

 

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.

Plus you get subscriber only extras!

Just CLICK HERE.

Patreon+Circle

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!

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

stevenmsinger Accountability, capitalism, Child Safety, Democrat, Donald Trump, edtech, Education, Learning, Local Control, Parents, Pennsylvania, Politics, Prejudice, principals, Republican, School Choice, school closings, Schools, Student Mobility, Students, Teachers, Tom Wolf , , , , , , , , , , , ,

Screen Shot 2020-08-22 at 3.47.48 PM

 
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.

 

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.

Plus you get subscriber only extras!

Just CLICK HERE.

Patreon+Circle

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!

book-3

Wannabe Terrorist Attempts to Flood Our Schools & Public Spaces With 3D Printed Guns to Make Common Sense Restrictions Moot

stevenmsinger Accountability, capitalism, Child Safety, Civil Rights, Compassion, Democrat, Donald Trump, Education, Gun Control, Guns, Hillary Clinton, immigration, Mass Shooting, Media, nonviolence, Obama, Politics, Propaganda, Republican, school violence, Schools, Shooting, White Privilege , , , , , , , , , , ,

GettyImages_172545206.0

 

In the United States, we literally have more guns than people.

 

Yet we’re trying really hard to make even more available with the touch of a button.

 

It’s not enough that our right to kill is better protected than our right to live, we need to make it EASIER to commit murder. In the land of the drive-by shooting, slaughter needs to be as convenient as ordering a pizza.

 

Cody Wilson, a wannabe terrorist who apparently believes John Wayne westerns are documentaries, claims to have invented the first gun that can be made almost completely on a 3D printer. And he wants to post the plans on-line so anyone with access to the device can make one.

 

He was stopped by a U.S. District judge in Seattle who temporarily banned the plans from publication on the Internet this week following a last-minute lawsuit filed by seven state attorneys general.

 

They argued that 3D-printed firearms would be invisible to metal detectors and could bypass gun restrictions recently adopted after a string of school shootings in some states.

 

The issue will go back to court on August 10, when the sides will discuss whether a preliminary injunction is needed.

 

The whole matter was almost settled in 2013 when the Obama administration originally stopped Wilson from putting his plans online with a lawsuit. After years of back and forth, the federal case against the virtual arms merchant seemed like a slam dunk. Then Donald Trump came into office and not only stopped the suit but paid Wilson $40,000 in damages.

 

So the question remains – why would any sane human being want to post a do-it-yourself gun kit on the Internet where any criminal, psychotic or violent fanatic could easily access it?

 

Wilson says he’s not in it for financial gain. He wants to make a political point – to flood the world with so many cheap, untraceable guns that the idea of passing any kind of regulations on them would be impossible.

 

No, really.

 

As he told Wired:

 

“All this Parkland stuff, the students, all these dreams of ‘common sense gun reforms’? No. The Internet will serve guns, the gun is downloadable. No amount of petitions or die-ins or anything else can change that.”

 

Not only that, but the owner and founder of Defense Distributed, an Austin, Texas, based start up that pretends to be a nonprofit organization, says he is prepared to kill police and federal agents if the courts don’t continue seeing things his way.

 

In the same Wired interview, he says he wasn’t expecting support from the Trump administration. He expected Hillary Clinton would win the White House in 2016 and that she would continue to oppose his 3D printed firearms.

 

As Wired reported:

 

“If that happened, as Wilson tells it, he was ready to launch his [3D printed gun] repository, regardless of the outcome of his lawsuit, and then defend it in an armed standoff. “I’d call a militia out to defend the server, Bundy-style,” Wilson says calmly, in the first overt mention of planned armed violence I’ve ever heard him make. “Our only option was to build an infrastructure where we had one final suicidal mission, where we dumped everything into the Internet,” Wilson says.”

 

So let’s be clear about one thing – the guy pushing for 3D printed firearms is literally a terrorist imitator.

 

He is an American extremist. He is to us as Osama bin Laden is to mainstream Muslims.

 

Or at least he wants to be that.

 

While we’re rounding up brown people and separating them from their children without any workable plan to reunite them on this or that side of the border, we have a US citizen making terroristic threats with the means to carry them out and he’s walking around free.

 

Oh, but he’s a privileged white dude, so no harm no foul.

 

If Wilson’s little plastic death dealers do become widely available on-line, they won’t immediately make a huge difference.

 

It’s hard to make a 3D-printed gun. You need an expensive, top-of-the-line 3D printer and some knowledge of how to work it. And even then the result is a shoddy firearm at best. It may only fire a few bullets before falling apart.

 

A shooter would have to work extra hard to accomplish his goal with Wilson’s design. It would be much easier to use one of the billions of firearms already available – and much more deadly.

 

But it wouldn’t take much to make a 3D-printed gun more dangerous.

 

To comply with federal law, Wilson’s design requires a metal firing pin, which he claims would set off a metal detector. However, it may be relatively easy to bypass that metal part to make his design truly concealable from such devices.

 

Moreover, technology is always advancing – 3D printers will probably be able to create stronger and more deadly firearms in time. With these sorts of designs readily available, it is easy to imagine a school shooter accessing a device in a tech or computer lab and creating a weapon of mass destruction. He wouldn’t set off any alarms because he wouldn’t have the gun when he entered the building. He’d make it in school.

 

Some shrug at these dangers saying that they’re inevitable.

 

Even if we stop Wilson, these sorts of designs will eventually be available in some form on-line. That’s the double-edged sword of mass media – all information is available including easy ways to kill a large number of people.

 

However, I think this is a cop-out.

 

For instance, the Internet and computer technology make it fairly easy to mass produce currency as well as firearms. In fact, it’s theoretically much easier.

 

Yet we don’t see a major influx of counterfeit bills. The reason? Business and industry have collaborated with government to make sure this doesn’t happen.

 

Programs like Adobe Photoshop include software that restrict the printing of your own money. We could do the same with future 3D printers. We could recall those already in service and retrofit them with such code.

 

Oh, sure not everyone will comply. There will always be someone who breaks through the safety net. But if all we can do is greatly reduce the spread of 3D-printed firearms, that doesn’t make it futile.

 

There is a mountain of research proving that the more firearms you have in a country, the greater the number of firearm deaths.

 

We should be working to restrict guns to responsible people.

 

But the Wilson’s of the world don’t want to allow us that choice.

 

They want to force us all to live in a world where guns are even more pernicious than they are today.

 

Will we let them?

 

Human beings have such potential, but we seem determined to kill ourselves.

 

If intelligent aliens came to Earth today and landed in the USA, what would they think of us?

 

Would they see what we might become or would they only see a pitiful animal struggling to put itself out of its own misery?

 

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!

WANT A SIGNED COPY?

Click here to order one directly from me to your door!

book-4

Cyber School Kingpin Gets Slap on Wrist For Embezzling Millions from PA Students

stevenmsinger Accountability, Betsy DeVos, Charter Schools, Child Predators, Civil Rights, computers, Corporate Education "Reform", Cyber Charter Schools, Education, Parents, Pennsylvania, Philadelphia Schools, Pittsburgh Public Schools, Politics, Poverty, privatization, Racism, School Choice, School Funding, Schools, Social Justice, Standardized Testing, Students, Taxation, Teachers, White Privilege , , , , , , , , , , , , , , , ,

nick-trombetta

 

Nick Trombetta stole millions of dollars from Pennsylvania’s children.

 

And he cheated the federal government out of hundreds of thousands in taxes.

 

Yet at Tuesday’s sentencing, he got little more than a slap on the wrist – a handful of years in jail and a few fines.

 

He’ll serve 20 months in prison, be on supervised release for three years, and payback the tax money he concealed.

 

As CEO and founder of PA Cyber, the biggest virtual charter school network in the state, he funneled $8 million into his own pocket.

 

Instead of that money going to educate kids, he used it to buy a Florida condominium, sprawling real estate and even a private jet.

 

He already took home between $127,000 and $141,000 a year in salary.

 

But it wasn’t enough.

 

He needed to support his extravagant lifestyle, buy a $933,000 condo in the Sunshine State, score a $300,000 twin jet plane, purchase $180,000 houses for his mother and girlfriend in Ohio, and horde a pile of cash.

 

What does a man like that deserve for stealing from the most vulnerable among us – kids just asking for an education?

 

At very least, you’d think the judge would throw the book at him.

 

But no.

 

Because he took a plea deal, he got a mere 20 months in federal prison.

 

That’s less than two years in jail for defrauding tens of thousands of students and multiple districts across the Commonwealth.

 

In addition, once he serves his time he’ll be on probation for 3 years.

 

And even though there is no mystery about the amount of money he defrauded from the Internal Revenue Service by shifting his income to the tax returns of others – $437,632, to be exact – the amount he’ll have to pay back in restitution is yet to be determined.

 

One would think that’s easy math. You stole $437,632, you need to pay back at least that amount – with interest!

 

And what of the $8 million? Though I can’t find a single explicit reference to what happened to it in the media, it is implied that the money was recovered and returned to Pa Cyber.

 

Yet there seems to be no discussion of a financial penalty for embezzling all that money. If my checking account dips below a certain balance, I’m penalized. If I don’t pay the minimum on my credit cards, I’m charged an additional fee. Yet this chucklehead pilfers $8 million and won’t be docked a dime!? Just paying it back is good enough!?

 

But what makes this sentence even more infuriating to me is the paltry jail time Trombetta will serve.

 

The judge actually gave him 17 months LESS than the minimum federal guidelines for this kind of case! He should at least be serving 37 to 46 months – 3 to 4 years!

 

Nonviolent drug charges often lead to sentences much longer than that!

 

For instance, in 2010, Kevin Smith was arrested for drug possession. He was locked up in a New Orleans jail for almost 8 years (2,832 days) without ever going to trial!

 

But then again, most of these nonviolent drug charges are against people of color. And Trombetta is white.

 

So is Neal Prence, a former certified accountant who pleaded guilty to helping Trombetta hide his ill-gotten gains.

 

Prence will serve a year and a day in prison and pay back $50,000 in restitution.

 

It’s a good thing he didn’t have any drugs on him.

 

And that he didn’t have a tan.

 

This is what we talk about when we talk about white privilege.

 

And speaking of that, compare this crime with the sentences given to the Atlanta teachers who were convicted of cheating on standardized tests a few years back.

 

These were mostly women and people of color.

 

Tamara Cotman, Sharon Davis-Williams and Michael Pitts received the harshest sentences.

They each got three years in prison, seven years probation, $10,000 in fines and 2,000 hours of community service.

 

So in America, cheating on standardized tests gets you a harder sentence than embezzling a fortune from school kids.

 

I’m not saying what the Atlanta teachers and administrators did was right, but their crime pales in comparison to Trombetta’s.

 

Think about it.

 

Atlanta city schools have suffered under decades of financial neglect. The kids – many of whom are students of color – receive fewer resources, have more narrowed curriculum and are forced to live under the yoke of generational poverty.

 

Yet their teachers were told to increase test scores with little to no help, and if they didn’t, they’d be fired.

 

I can’t imagine why they tried to cheat a system as fair as that.

 

It’s like being mugged at gunpoint and then the judge convicts you of giving your robber a wooden nickel.

 

The worst part of all of this is that we haven’t learned anything from either case.

 

High stakes standardized testing has become entrenched in our public schools by the newly passed federal law – the Every Student Succeeds Act (ESSA).

 

And though Trombetta resigned from his post as CEO of PA Cyber in September 2013, cyber charters are as popular as ever.

 

These are publicly funded but privately run schools that provide all or most instruction on-line. Think Trump University for tweens and teenagers.

 

You can’t turn on the TV without a commercial for a cyber charter school showing up. You can’t drive through a poor neighborhood without a billboard advertising a virtual charter. They even have ads on the buggies at the grocery store!

 

Yet these schools have a demonstrated track record of failure even when compared to  brick-and-mortar charter schools. And when you compare them to traditional public schools, it’s like comparing a piece of chewed up gum on the bottom of your shoe to a prime cut of filet mignon.

 

A 2016 study found that cyber charters provide 180 days less of math instruction than traditional public schools.

 

Keep in mind there are only 180 days of school in Pennsylvania!

 

That means cyber charters provide less math instruction than not going to school at all.

 

When it comes to reading, the same study found cyber charters provide 72 days less instruction than traditional public schools.

 

That’s like skipping 40% of the school year!

 

And this isn’t just at one or two cyber charters. Researchers noted that 88 percent of cyber charter schools produce weaker academic growth than similar brick and mortar schools.

 

They concluded that these schools have an “overwhelming negative impact” on students.

 

AND THAT’S ALL LEGAL!

 

In Pennsylvania, nearly 35,100 of the 1.7 million children attending public schools are enrolled in cyber-charter schools. With more than 11,000 students, PA Cyber is by far the largest of the state’s 16 such schools.

 

 

If Trombetta had just stiffed Pennsylvania’s students that much, he wouldn’t have been in any trouble with the law.

 

However, he got even greedier than that!

 

He needed more, More, MORE!

 

Justice – such as it is in this case – was a long time coming.

 

Trombetta was first indicted back in 2013 – five years ago.

 

 

He was facing 11 counts of mail fraud, theft or bribery, conspiracy and tax offenses related to his involvement in entities that did business with Pa. Cyber. He pleaded guilty to tax conspiracy almost two years ago, acknowledging that he siphoned off $8 million from The Pennsylvania Cyber Charter School.

 

He has been free on bond all this time.

 

His sister, Elaine Trombetta, agreed to cooperate with prosecution, according to federal court filings. She pleaded guilty in October 2013 to filing a false individual income tax return on her brother’s behalf and has yet to be sentenced.

 

It was only yesterday that her brother – the kingpin of this conspiracy – was ultimately sentenced.

 

Finally, he’ll have to face up to what he did.

 

Finally, he’ll have to pay for what he’s done.

 

Just don’t blink or you’ll miss it.

 

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!

WANT A SIGNED COPY?

Click here to order one directly from me to your door!

book-2

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

stevenmsinger Accountability, Budget, Civil Rights, Common Core, Compassion, Corbett, Corporate Education "Reform", Data, Democrat, Education, Gerrymandering, PA Core, Pennsylvania, Philadelphia, Philadelphia Schools, Pittsburgh Public Schools, Politics, Poverty, Prejudice, Racism, Republican, School Funding, Schools, Special Education, Standardized Testing, standards, Supreme Court, Teachers, Tom Wolf , , , , , , , , , , , ,

rrxfund14-d

 

It’s back on!

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

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

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

Or something like that.

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

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

untitled

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

 

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

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

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

 

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

So there you are.

Pennsylvania’s legislature is an absolute mess.

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

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

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

The case will now go back to Commonwealth Court.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

stevenmsinger Accountability, Civil Rights, Compassion, Congress, Data, Hate Crimes, Judicial Reform, Michael Brown, Police, Politics, Prejudice, protest, Racism, Sandra Bland, Supreme Court, Tamir Rice, Violence Against Children, White Allies , , , , , , , , , , , , , , ,

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

Michael Brown – no indictment.

Eric Garner – no indictment.

Sandra Bland – no indictment.

And now Tamir Rice.

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

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

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

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

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

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

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

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

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

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

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

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

But what can we do?

No. Really.

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

Here are a few suggestions:

1) Ban Grand Juries in Fatal Shootings by Police

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

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

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

2) Construct a National Database on Police Killings

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

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

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

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

3) Overturn Graham v. Connor

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

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

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

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

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

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

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

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

 

The Most Important Election You’ll Probably Skip

stevenmsinger Budget, Democrat, Election, Gerrymandering, Pennsylvania, Republican, School Funding, Schools, Supreme Court, voting , , , , , , , , , , , , ,

t1larg.voter.jan10

The future prosperity of your state may be decided this November.

Will your public schools receive adequate, equitable and sustainable funding?

Will you be permitted to choose medical marijuana to treat certain ailments?

Will your state enact sensible gun reforms to keep firearms out of the hands of the criminally insane?

Will your voice be heard in future elections?

All this and more is on the table and YOU get to cast the deciding vote.

But more likely than not, you won’t show up.

Why? You’re too busy worrying about the upcoming Presidential election.

With both Democratic and Republican Presidential Primaries approaching in February through June, 2016, most people just don’t have the energy for another general election before the end of 2015.

However, most states will ask residents to cast a ballot on Nov. 3 for all kinds of important initiatives. There will be municipal, school board, gubernatorial and state legislative elections in a few states; as well as numerous citizen initiatives, and a variety of other local offices on the ballot.

Yet if history is any guide, most people will stay home while vastly important decisions are being made by the few who trudge to the polls. On the one hand, that means the results are bound to be unrepresentative. On the other, it means if you show up, your vote will have more weight than ever!

Either way, the course for the future of your state will be quietly and discreetly set for years to come.

Take my home state of Pennsylvania.

We’re holding a historic election with three state Supreme Court seats up for grabs. The last time this many seats were open on our highest court in the same year was 1704, and the body was still called the Provincial Appellate Court.

This is huge because it will determine who gets the final say on a plethora of contentious political issues.

For instance, four years ago, Republicans controlled every branch of Commonwealth government and redrew the state’s legislative districts to gerrymander in a GOP majority. They redrew district lines to ensure that conservatives got elected to public office by making boundaries around areas that have pockets of people who generally lean Republican.

With that foundation in place, the GOP ran the state into the ground. While most taxpayers didn’t agree with the corporate tax giveaways and draconian budget cuts to public services like children’s schools, there wasn’t much we could do about it. The redrawn district boundaries were such that legislators were free to do whatever they wanted without fear of reprisals from constituents.

Voters gave the GOP Governor the boot, but almost all of his good soldier legislators stayed in place. This was only possible because Republicans controlled the state Supreme Court. When those gerrymandered districts were challenged, the court backed the legislature. So, in practice, continued Republican control of state Senate and House districts was due not to voters but to the state Supreme Court.

Currently, Republicans hold the balance of power in the highest Commonwealth court by 3-2 with two vacancies. This election could rewrite that balance of power.

If Democrats win two or more seats in this Supreme Court election – thereby replacing two Republicans and one Democrat – it could change everything! Democrats would have a majority.

When redistricting comes up again in 2022, if Democrats want to re-draw the lines more fairly (or in their favor), a Democratic-controlled Supreme Court could make that possible.

Moreover, the new court would almost certainly rule on cases that will have a dramatic impact on the lives of everyday Pennsylvanians.

Perhaps the most hot button issue in the state is education funding. Republicans have been waging all out war on poor Commonwealth schools. For the past 4 years, the legislature slashed public school funding by almost $1 billion – an ideological divide that still rages between the newly elected Democratic governor and the legislature where Republicans remain in control.

Several lawsuits demanding more equitable school funding are winding their way through the state court system. These cases are bound to end up in the state Supreme Court. So if voters still care about making sure all Pennsylvania children have a fair shake at an education, voting for Democrats to retake the court may be the surest option! If recent history is any guide, Republicans sure won’t do it!

Other issues such as the death penalty and gun laws are likely to appear on the docket. Moreover, without opposition, it’s feared a GOP court could easily allow Tea Party legislators to enact so-called Right to Work and other union busting initiatives. A Democratic court could stop such shenanigans cold.

For decades, Pennsylvania politics have been like a game of tennis – power going almost exclusively from one party to another. Neither major party has held the governor’s office for more than two terms since 1955. Democrats broke the Republican Party’s hold on the state House in 2006 only to give back the chamber during the 2010 elections. So the Supreme Court remains the ultimate arbiter.

Voters will have the choice of 3 of the following candidates for Supreme Court Justice: Democrats Christine Donohue, Kevin M. Dougherty and David N. Wecht; Republicans Anne Covey, Michael A. George and Judith F. Olson; and independent candidate Paul P. Panepinto.

In my opinion, the Democrats are the strongest candidates – especially Wecht who is vowing to ban gifts for judges, tighten anti-nepotism policies, and broadcast court proceedings on television. Dougherty has strong union ties and clearly respects collective bargaining rights. Donohue is a strong supporter of personal rights including holding corporations accountable for fraudulent behavior and eliminating bias against LGBTs.

Of the Republicans, Covey is the most reasonable and has shown a willingness to reach across the aisle. The others are your typical extreme right Tea Party conservatives. Panepinto may be running as an independent, but I see little to distinguish him from the GOP candidates.

Choose carefully, Pennsylvania. Whoever you decide to support in the Supreme Court race, it will have a long-term impact. State Supreme Court justices hold 10-year terms! And three more justices will be replaced by 2018.

Whether you live in Pennsylvania or anywhere else in the US, it is vital that you get off your duff on Nov. 3 and vote. Focusing exclusively on Hillary vs. Bernie is not just myopic, it’s dangerous. Even if your candidate wins the presidency and does a fabulous job, the forces of stagnation and corporate greed could net tremendous gains in these other elections.

Unless we turn up.

Unless we vote.

NOTE: This article also was published on the Badass Teachers Association blog.