Archive | August, 2018

DPE Forces Over-Represented on Charter Law “Action Team”

28 Aug

California’s lame duck Superintendent of Public Instruction, Tom Torlakson, has formed an Action Team to review laws governing charter schools. Six of the thirteen Action Team members work for the destroy public education (DPE) movement. Ninety percent of the state’s students attend public schools yet 23% of the Action Team are charter school management executives. Also, 23% of the team are graduates of Eli Broad’s unaccredited school administrators’ academy.

Torlakson is quoted in the annoucement,

“In the past few years, we have updated virtually our entire K–12 education system. Now it’s time to look at the key laws governing charter schools, which have not been significantly changed in 26 years, to see how they can be modernized to better meet the needs of all public school students, including those who attend charter schools.”

This statement is malarkey. The original 1992 law capped charters growth at 100 schools statewide with no more than 10 in any one district. In 1998, Assembly Bill (AB) 544 expanded the statewide cap to 250 and allowed for an additional 100 charters each year thereafter. In 2000, proposition 39, which was advertised as a means to pass school bonds, had a little noticed provision that mandated charter school co-location with public schools. Legislation enacted in 2002 created the Charter Schools Facilities Program, which authorizes bond financing for new charter school buildings. A 2004 EdSource paper stated, “Since the passage of Senate Bill 1448—the Charter Schools Act of 1992—more than 30 other laws have addressed the operation, over sight, or funding of charter schools.”

 “Aren’t charter schools better quality than public schools?”

I have often heard this question from many otherwise well-informed people. It indicates a victory for marketing when this destructive myth persists.

The Executive Director of Network for Public Education (NPE), Carol Burris, spent a year studying California’s charter schools. In her 50-page finalized report called “CHARTERS AND CONSEQUENCES: An Investigative Series” she wrote,

“The majority of charter vs public studies indicate that overall achievement of charter schools is the same or worse than public schools. Like public schools, charters vary in student outcomes.… The charter high school graduation rate is 70%, far below the public high school rate of 85%.”

Charter schools operating outside of local democratic control should not exist because:

  • Elected school boards administering local schools are the bedrock of American democracy. Charter schools are private companies that are not accountable to voters.
  • Charter schools introduce inefficiency into the public education system by necessitating multiple administrations. It costs significantly more to fund these duplicate systems. The added costs reduce money supporting classrooms in both charter and public schools.
  • Charter schools are exacerbating school segregation. The AP reported in 2017,

“National enrollment data shows that charters are vastly over-represented among schools where minorities study in the most extreme racial isolation. As of school year 2014-2015, more than 1,000 of the nation’s 6,747 charter schools had minority enrollment of at least 99 percent, and the number has been rising steadily.”

In June, the Schott Foundation and NPE published “GRADING THE STATES A Report Card on Our Nation’s Commitment to Public Schools.” California was given a D+. The state’s charter school law is considered one of the nation’s most damaging. The reports says,

“Although the public school system is not perfect and has continual room for improvement, it is still the cornerstone of community empowerment and advancement in American society. The required inclusivity of the public school setting provides more opportunity for students to learn in culturally, racially, and socioeconomically integrated classrooms and schools, and that promotes social-emotional and civic benefits for students.”

“We look forward to the day when all charter schools are governed not by private boards, but by those elected by the community, at the district, city or county level.”

The California charter school law is causing real damage. In The Public Interest (ITPI) published “Breaking Point: The Cost of Charter Schools for Public School Districts” written by University of Oregon Professor, Gordon Lafer. The Introduction states,

“In 2016-17, charter schools led to a net fiscal shortfall of $57.3 million for the Oakland Unified School District, $65.9 million for the San Diego Unified School District, and $19.3 million for Santa Clara County’s East Side Union High School District. The California Charter School Act currently doesn’t allow school boards to consider how a proposed charter school may impact a district’s educational programs or fiscal health when weighing new charter applications.” (emphasis added)

These three districts are not the only ones in financial trouble. Los Angeles Unified School District (LAUSD) reportedly lost a half-billion dollars to charter schools in the 2014-2015 school year. LAUSD just claimed, “L.A. Unified faces a $504 million deficit for this current school year.” Their smaller neighbor in Inglewood is also having a debt crisis caused by unplanned charter school expansion.

Earlier this year, besides publishing Professor Lafer’s paper, ITPI also did their own research and published “Fraud and waste in California’s charter schools.” This paper begins,

“Public funding of California’s charter schools now tops $6 billion annually. … Most public school districts aren’t given adequate resources to oversee operators, especially large charter management organizations (CMOs), while all lack the statutory authority to effectively monitor and hold charter schools accountable. … waste in California’s charter schools has reached over $149 million.”

The California charter school law is in desperate need of reform, but is the Torlakson “Action Team” up to the task?

The Action Team

1 cochairman

Carl Cohn was twice appointed to the California State Board of Education (SBE) by Governor Jerry Brown. His second appointment announcement said,

“Cohn has been a professor and co-director of the Urban Leadership Program at Claremont Graduate University since 2009. He was a distinguished leader in residence at San Diego State University from 2007 to 2008 and superintendent of schools at the San Diego Unified School District from 2005 to 2007. … Cohn is a Democrat.”

In 2015, the Governor removed Cohn from the SBE and appointed him as the first executive director of the California Collaborative for Educational Excellence, a state agency created in 2013 to help local districts navigate the state’s new local control funding formula.

Cohn has always been friendly towards charter schools if not a promoter. In 2007 he commented to the Voice of San Diego, “I want to make it clear that I like what’s going on at some of these charters, and I believe that district schools can learn from them.” Last year, Cohn was a featured speaker at the San Diego charter schools conference hosted by the Charter School Development Center, a non-profit that claims, “We Fight Against regulatory creep that distracts charter leaders from improving student achievement.”

Susan Bonilla was a high school English teacher at Mount Diablo Unified School District before she entered politics. After three years as a county supervisor, this Democrat won a seat in the state Assembly in 2010.

Bonilla was especially focused on STEM education and still promotes it. She surprisingly wrote a legislative proposal that would have reduced teacher work protections, increased probationary time and undermined seniority rights. It would have essentially made the decisions in the Vergara case state law.

Regarding another piece of legislation, the San Jose Mercury News reported, “Assemblywoman Susan Bonilla introduced Assembly Bill 1084 in response to this newspaper’s investigation of K12 Inc., the publicly traded Virginia company behind a profitable but low-performing network of ‘virtual’ academies serving about 15,000 students across the state.” The article pointed out that a student logged in for one-minute was considered present and that fewer than half the students graduated. Eventually, Bonilla shelved the bill when it became watered down.

Although not taking any other actions against charters, this bill to stop the fraudulent K12’s practices infuriated charter supporters. In 2015, the Sacramento Bee reported on her losing a race for the District 7 state Senate:

“The race attracted unprecedented levels of outside spending, with more than $7 million streaming into the district during the two-month runoff alone, more than three times what the candidates were able to raise.”

“Labor unions backed Bonilla, while the business community, charter schools and Los Angeles businessman Bill Bloomfield supported Glazer.”

Since 2017, Bonilla has been State Director in California of Council for a Strong America, a national organization focused on increasing spending on children and families.

2 charter executives

Cristina de Jesus is the President and Chief Executive Officer of Green Dot Public Schools California. She oversees twenty-two middle and high schools across Los Angeles serving 11,500 students for which she is compensated handsomely. During the fiscal year ending June 30, 2017, Green Dot’s tax forms revealed her total income as $326,242 while the schools took in $148,484,811.

Cristina is an alumnus of the Broad Administrators Academy class of 2016-2017.

Ana Ponce is the Chief Executive Officer of Camino Nuevo Charter Academy which is a neighborhood network of 5 elementary and secondary schools serving about 2000 students within the greater MacArthur Park neighborhood near Downtown Los Angeles. Tax records show that the Academy took in $43,377,256 in the fiscal year ending June 2016. Ana was compensated $193,585.

Originally from Mexico, Ana grew up in the neighborhood where her schools are located. She is an alumnus of Teach for America and The Broad Academy class of 2015-2016. She was profiled by the Aspen Institute.

Ponce is also the California Charter Schools Association Board Secretary and she was inducted into the Charter Schools Hall of Fame by the National Alliance for Public Charter Schools.

Gia Truong is Chief Executive Officer at Envision Education. Envision has two strategies: operating charter schools and providing training and consulting services to others through its Envision Learning Partners division.

For the fiscal year ending June 30, 2016 tax records show that Envision took in $16,558,401 and Gia was compensated $229,127.

Gia attended Brown University where she earned a master’s in teaching social studies. She gained her administrative credential through the New Leader Principal Residency program. New Leaders (formerly “New Leaders for New Schools”) was founded in 2000 by a group including Jonathan Schnur, former education policy analyst for President Bill Clinton.

3 Privatizing Organzations

David Rattray oversees the Center for Education Excellence & Talent Development at the Los Angeles Chamber of Commerce and UNITE-LA, the School-to-Career Partnership of Los Angeles. Rattray officially joined the Chamber in 2003.

Rattray and UNITE-LA have called for “a common, unified enrollment system for all public schools serving Los Angeles children ….”

Rattray also sits on the Board of Directors at Learning Policy Institute. It is a “think tank” financed by many foundations associated with school privatization. These funders include S.D. Bechtel, Jr. Foundation; Chan Zuckerberg Initiative; William and Flora Hewlett Foundation; Nellie Mae Education Foundation; David and Lucile Packard Foundation and the Stuart Foundation.

Charmain Mercer served as a Senior Researcher for the Learning Policy Institute and is now a Program Officer at the William and Flora Hewlett Foundation. Charmaine received her Ph.D. in politics and education policy from Claremont Graduate University, as well as her master’s degree in political science.

In a previous role, she served as the vice president for standards, assessment, and deeper learning at the Alliance for Excellent Education. Former Virginia Governor, Bob Wise, leads the Alliance which promotes “personalized learning” a misleading euphemism for isolating America’s children at digital devices.

Jonathan Raymond has led the Stuart Foundation as its president since July 2014. In the fiscal year ending Dec. 31, 2016 his total compensation was stated as $522,725. It may be unfair to say this foundation is for privatizing public schools. They appear to be focused on how to improve education and have not taken a strong stand either for or against charter schools.

President Raymond on the other hand has taken several positions embraced by school privatization leaders like Eli Broad.

In July, 2014, the Sacramento Bee reported,

“Jonathan Raymond came into the Sacramento City Unified School District nearly five years ago as a hard-charging superintendent, bucking the teachers union on tenure rules and seeking to use test scores in performance evaluations.”

“Forget about the flourish that was Raymond, who was a product of The Broad Superintendents Academy, which trains business and education leaders how to run school districts. Raymond arrived at Sacramento without a traditional schools background, having served as a nonprofit leader and private lawyer rather than working through the ranks.”

“Teachers also were angered over Raymond’s “Priority Schools” program to overhaul struggling campuses. The district inserted new principals, who were given authority to remove teachers regardless of tenure protections, which led to a legal battle.”

Raymond closed seven Sacramento schools in minority neighborhoods through his “Priority Schools” program.

Wes Smith, Ed. D. is Executive Director for the Association of California School Administrators (ACSA). In 2014, Smith and the ACSA refused to endorse either candidate in the heated Superintendent of Public Instruction (SPI) contest between, former charter school administrator, Marshall Tuck, and incumbent, Tom Torlakson.

This year the former investment banker, Tuck, is again running for SPI. Shockingly, after personally interviewing both Tuck and his opponent, Tony Thurmond, the ACSA endorsed the school privatization candidate, Tuck.

A tweet from the ACSA read, ‘“ACSA is proud to endorse a candidate who not only understands education leadership but is committed to working with educational leaders to improve student access and outcomes as well.’ – ACSA Executive Director Dr. Wesley Smith.”4 Public Education Support

John Rogers is a Professor at UCLA’s Graduate School of Education.  He also serves as the Faculty Director of Center X, which houses UCLA’s Teacher Education Program, Principal Leadership Program, and professional development initiatives.

He lists his research interests as

  • Re-envisioning public engagement and democratic education today in light of John Dewey’s scholarship and practice.
  • Understanding what and how youth learn about economic, social, and racial inequality inside and outside of schools.
  • Examining and developing strategies for engaging urban youth, community members, and educators in equity-focused school reform.

In a Capital and Main release, John Rogers noted that if Eli Broad is successful in taking over half the students in LAUSD then the district would lose its ability to maintain its financial integrity.

Sylvia Rousseau is an expert on diversity, urban school reform and school leadership. She is Professor of Clinical Education at USC’s Rossier School of Education. Sylvia is a former principal of Santa Monica High School; a former LAUSD assistant superintendent of Secondary School Services and a former superintendent of Local District 7, which means she took on the problems facing education in Watts.

Testifying about charter schools Rousseau commented,

“In the midst of the many conversations about charter schools offering a choice to parents, districts have the responsibility to ensure that parents have viable options. Otherwise it is not choice. As we move forward in the name of reform and progress, it is important to keep asking the equity question: who is benefiting and who is not. … When charter schools infringe on districts’ ability to fulfill this public mandate for all children, they have violated the public mandate.”

Terri Jackson has years of experience with both teaching and involvement in California Teachers Association (CTA) activities. She was re-elected as CTA Board member for District C representing Alameda and Contra Costa counties. This term ends June 25, 2019.

Jackson is the only practicing teacher on the Team. She has taught for 33 years and is currently a fourth-grade teacher at Stewart Elementary School in the West Contra Costa Unified School District.

Camille Maben: A seven-member First 5 California Commission selected the 16-year veteran of the California Department of Education, Camille Maben, as its executive director in November 2012. Maben was a strategic advisor to Superintendent Delaine Eastin from 1998 to 2003. Maben, a registered Democrat, has served on the Rocklin Unified School District Board of Trustees for 16 years.

Not too Hopeful about Torlakson’s Review Team.

With so many members of the team drawing huge salaries if the status quo is maintained, it is unlikely they will create many policy ideas for ending the destruction of public education.

I agree with the Schott Foundation, NPE and the NAACP that we need a charter school moratorium. During the moratorium, legislation can be written that carefully puts existing charter schools under the management of elected school boards.

The argument that says “remove rules and let educators do what they know is best” being the path to improved education is foolish and disingenuous. It is like saying “remove automobile safety rules and allow manufactures to build the kind of safe fuel-efficient cars they know are best” will insure safer more efficient vehicles. It is a silly argument and the reality is that large privatized charter school management organizations will continue to impose rules on teachers.

Let us embrace democracy for running schools instead of plutocratic nonsense.

 

DPE 2.0 The City Fund

18 Aug

Billionaire Netflix CEO, Reed Hastings, has joined with billionaire former Enron executive, John Arnold, to launch an aggressive destroy public education (DPE) initiative. They claim to have invested $100 million each to start The City Fund. Neerav Kingsland declares he is the Fund’s Managing Partner and says the fund will help cities across America institute proven school reform successes such as increasing “the number of public schools that are governed by non-profit organizations.”

Ending local control of public schools through democratic means is a priority for DPE forces. In 2017, EdSource reported on Hastings campaign against democracy; writing, “His latest salvo against school boards that many regard as a bedrock of American democracy came last week in a speech he made to the annual conference of The National Alliance for Public Charter Schools in Washington D.C., attended by about 4,500 enthusiastic charter school advocates, teachers and administrators.”

When announcing the new fund, Kingsland listed fourteen founding members of The City Fund. There is little professional classroom teaching experience or training within the group. Chris Barbic was a Teach for America (TFA) teacher in Houston, Texas for two years. Similarly, Kevin Huffman was also a TFA teacher in Houston for three years. The only other member that may have some education experience is Kevin Shafer. His background is obscure.

The operating structure of the new fund is modeled after a law firm. Six of the fourteen founding members are lawyers: Gary Borden; David Harris; Kevin Huffman; Neerav Kingsland; Jessica Pena and Kameelah Shaheed-Diallo.

Ready to Pilfer Community Schools and End School Boards

In a 2012 published debate about school reform, Kingsland justified his call for ending democratic control of public education writing,

“I believe that true autonomy can only be achieved by government relinquishing its power of school operation. I believe that well regulated charter and voucher markets – that provide educators with public funds to operate their own schools – will outperform all other vehicles of autonomy in the long-run. In short, autonomy must be real autonomy: government operated schools that allow “site level decision making” feels more Orwellian than empowering – if we believe educators should run schools, let’s let them run schools.”

This is a belief in “the invisible hand” of markets making superior judgements and private businesses always outperforming government administration. There may be some truth here, but it is certainly not an ironclad law.

The City Fund has distinct roots stretching back to early 2016. On April 4 that year, Kingsland announced on his blog, Relinquishment, “Very excited about this update: Ken Bubp and Chris Barbic are joining the combined efforts of the Laura and John Arnold Foundation and Hastings Fund.”

In January of 2016, Philanthropy News Digest reported, “Netflix founder and CEO Reed Hastings has announced that he has created a $100 million fund at the Silicon Valley Community Foundation (SVCF) that will be focused on education.”

SVCF is a donor directed fund, so Hastings’s fund is dark money with no way of tracking where its tax-free spending is directed. The SVCF 2016 tax form shows Neerav Kingsland earning $253,846 as a Managing Director of the Hastings fund. He was also simultaneously serving as Senior Education Fellow at the Arnold Foundation and was on the board at the California Charter Schools Association.

The SVCF was founded in 2006 and has grown to be one of the largest non-profit charities in America. The tax form cited above shows a total income in 2016 of $4.4 billion and end of year assets of $7.2 billion while making grants totaling to $1.9 billion.

SVCF Grants

A March 2018 article in Chalkbeat reported,

“Eleven years after founding a nonprofit that has dramatically reshaped Indianapolis schools, David Harris is stepping down to help launch an as yet unexplained national education group.”

“The national group is in the early stages of development, said Harris, who declined to provide more details about his co-founders or their plans. A release from The Mind Trust said the new organization aims to ‘help cities around the country build the right conditions for education change.’”

Much of the description of The City Fund sounds like the activities of the national DPE organization, Education Cities. At the end of July, the Education Cities web-site disclosed,

“Today, we are announcing that Education Cities is undergoing an evolution that we think will better support local education leaders.

“Several staff from Education Cities – including our Founder and CEO, Ethan Gray – are partnering with colleagues from the philanthropic, non-profit, district, charter, and state sectors to create a new non-profit organization called The City Fund.”

The City Fund has not shared a web-address, but they have clearly started work. Four of the announced members have updated their LinkedIn profiles indicating they started working for The City Fund in either June or July.

The City Fund’s central agenda is promoting the portfolio model of school reform. Schools scoring in the bottom 5% on standardized testing are to be closed and reopened as charter schools or Innovation schools. In either case, the local community loses their right to hold elected leaders accountable, because the schools are removed from the school boards portfolio. Even Jay P. Greene of the University of Arkansas wrote an open letter to John Arnold warning about what a bad idea the portfolio model is. He began, “The Arnold Foundation invests heavily in another initiative that promotes rigorous science for medical and policy decision-making, yet they do not seem to apply that same standard of proof to their own education strategy.’

A Brief Introduction to The City Fund Staff

Staff Photos

The Founding City Fund Staff

All but two of the City Fund staff photos were taken from LinkedIn. Gary Borden’s photos is from his Aspen Institute bio. Doug Harris’s photo was clipped from a Chalkbeat article.

Chris Barbic founded one of the first miracle charter schools, YES Prep of Houston, Texas. Based on the claim that 100% of YES Prep’s students were accepted at four-year colleges, Oprah Winfrey gave them a check for $1,000,000. In an open letter to Barbic, his former Teach for America (TFA) colleague, Gary Rubinstein made it clear that there was no miracle.

Chris left Houston and YES Prep to become Superintendent of the state of Tennessee’s Achievement School District. He would be working under his old Houston TFA buddy Kevin Huffman. He accepted the challenge to turnaround the bottom 5% of schools in Tennessee (about 85 schools) so that they are, based on their test scores, in the top 25% in five years. This was a fool’s errand, but politicians and amateur educators did not know it.

Barbic earned a bachelor’s degree in English from Vanderbilt University. His only formal training in education was as a member of the class of 2011 at Eli Broad’s unaccredited school administrators’ academy.

By 2014 while staring at one bad set of standardized test results after another and making no progress toward lifting the bottom 5% of schools into the top 25% of schools, Chris had a heart attack. The following summer (2015), he revealed his resignation for health and family reasons.

In 2016, the Arnold Foundation reported Chris was going to be a Senior Education Fellow at the foundation.

Gary Borden is Senior Vice President for charter school advocacy at the California Charter Schools Association (CCSA). Earlier this year he traveled the state supporting Anthony Villaraigosa’s failed campaign for governor. Borden asserted, “Any sort of an artificial pause on growth of charter schools is really detrimental to what parents have ultimately said they want and need in their public education system.”

Gary was appointed Deputy Executive Director of the California State Board of Education by Governor Arnold Schwarzenegger. He is on the board of two charter schools, Fenton Charter Public Schools and East Bay Innovation Academy.

Borden has undergraduate degrees in Economics and International Business from Pennsylvania State University, and a law degree from Georgetown University. His only  training in education is as a Fellow of the 17th class of the Pahara – Aspen Education Fellowship and a member of the Aspen Global Leadership Network – fundamentally a study in privatizing schools.

Ken Bubp says he is a Partner at The City Fund. Ken earned a Bachelor of Arts in History form Taylor University and an MBA from Indiana University – Kelley School of Business. He shows no training or experience in education.

From 2011 to 2016, he held various executive positions at The Mind Trust where he worked for Doug Harris. John Arnold made him a Senior Education Fellow at his foundation in 2016.

Bubp is a board member at New Schools for Baton Rouge working to expand charter school penetration and institute the portfolio model of school management.

Beverly (Francis) Pryce earned a degree in Journalism from Florida International University, a master’s certificate in Non-Profit Management from Long Island University and Accounting Management certification from Northeastern University.

After a brief period as a journalist at WINK-TV News, Beverly went to work for the Democrats for Education Reform (DFER).

Ethan Gray reports he will be a Partner at The City Fund. He was the Founder and CEO of Education Cities, a national nonprofit that supports the privatization of public schools. Before his role at Education Cities, Ethan served as Vice President of The Mind Trust where he helped develop the “Opportunity Schools” which are another type of school organization that ends democratic control.

Ethan holds an MA from the Harvard Graduate School of Education in education policy and management. He is a past member of the Board of Directors for the STRIVE Prep network of charter schools in Colorado, as well as the National Advisory Boards of Families for Excellent Schools, EdFuel, and Innovative Schools in Wilmington, Delaware.

David Harris: During his first run for Mayor, Bart Peterson invited David Harris a 27-year old lawyer with no education background to be his education guy. Harris became the director of the mayor’s new charter school office. In 2006, Harris and Peterson founded The Mind Trust.

The Mind Trust is the proto-type urban school privatizing design. Working locally, it uses a combination of national money and local money to control teacher professional development, create political hegemony and accelerate charter school growth. The destroy public education (DPE) movement has identified The Mind Trust as a model.

He is a founding member and served as chairman of the Charter Schools Association of Indiana. He also has been a board member of the National Association of Charter Schools Authorizers.

Kevin Huffman: After serving three years as a TFA teacher in Houston, this 1992 graduate of Swarthmore returned to New York to study law. After a brief stint as a lawyer he rejoined TFA as Executive Vice President. He also married Michelle Rhee.

In 2011, Governor Bill Haslam of Tennessee selected Huffman to be Education Commissioner. By 2014, the Tennessean’s lead read, “Polarizing Tennessee Education Commissioner Kevin Huffman is stepping down from his position, leaving a legacy that includes historic test gains as well as some of the fiercest clashes this state has ever seen over public schools”.

Former Assistant Secretary of Education, Diane Ravitch, reported one such clash, the effort to force Nashville to accept Great Hearts Academy. She wrote,

“This is the same Arizona-based outfit that has been turned down four times by the Metro Nashville school board because it did not have a diversity plan. Because of its rejection of Great Hearts, the Nashville schools were fined $3.4 million by Tennessee’s TFA state commissioner of education Kevin Huffman.”

Noor Iqbal has a Bachelor of Arts in History and Economics from Harvard University and studied at the London Schools of Economics and Political science. She has been working at the Arnold foundation since 2017.

Neerav Kingsland says his title at The City Fund is Managing Partner. Before going to the Arnold Foundation in 2015, Neerav and two other law students formed the Hurricane Katrina Legal Clinic, which assisted in the creation of New Schools for New Orleans. Kingsland would become the chief executive officer of this organization dedicated to privatizing all the public schools in New Orleans.

Mark Webber from Rutgers University made an observation about this Kingsland statement,

“This transformation of the New Orleans educational system may turn out to be the most significant national development in education since desegregation. Desegregation righted the morality of government in schooling. New Orleans may well right the role of government in schooling.” [emphasis by Mark]

Webber’s observation,

“You know what’s astonishing about that sentence? The blatant refusal to acknowledge that the most significant transformation in NOLA’s schools has been the reintroduction of segregation.”

Jessica Pena is a lawyer and was a Partner at Ethan Gray’s Education Cities. Prior to her role at Education Cities, Jessica spent six years with the Philadelphia School Partnership (PSP), an Education Cities member organization. Jessica was a founding PSP team member.

Liset Rivera shared that she is the Event Manager at The City Fund. Previously she was the Event Manager for Stanford University and for KIPP schools. She has a degree in marketing from San Jose State University.

Kameelah Shaheed-Diallo is a lawyer. She will be a Partner at Education Cities. Kameela was a senior executive at David Harris’s The Mind Trust. She studied Law at Indiana University and Sociology at DePaul. She has a biography at the Pahara Institute.

Gabrielle Wyatt earned a Master’s in Public Policy Social and Urban Policy from Harvard Kennedy School of Government. Well known New Jersey journalist Bob Braun reported on Gabrielle in Newark,

“Until last August, Wyatt was only making $75,000 a year but Cami gave her an 80 percent raise from $75,000 to $135,000 for what the Christie administration calls a “promotion—normal career progression.”  Like so many of Cami’s cronies, Wyatt was imported from the New York City Department of Education, that nest of educational entrepreneurs that gave the world Christopher Cerf.”

Kevin Shafer: Little is known about Shafer. He might be the Chief Innovation Officer at Camden City Public Schools. That Kevin Shafer is on the Jounce Partners advisory board and he attended the Strategic Data Conference that Rick Hess was speaking at. He was listed as an organizer.

One Last Point

Regarding non-profit spending, the IRS rules state that tax-exempt funds, “may not attempt to influence legislation.” The Silicon Valley Community Fund, The City Fund, and many other funds spending to change how education is governed are breaking this rule with impunity.

 

 

 

Ugly Teachers’ Union Smear from SPN Network

8 Aug

Edward Ring of the California Policy Center (CPC) just published a scurrilous attack on public schools, teachers and their unions. This mean spirited and factually challenged screed comes from a State Policy Network (SPN) member organization. The baseless attack is more evidence of a conspiracy to avoid federal tax law by masquerading as a non-profit while carrying out a political agenda.

Ring begins by saying private sector unions might not be so bad if they are controlled and admits unions “played a vital role in securing rights for the American worker.” He then delivers this jingoistic slam, “If they [unions] would bother to embrace the aspirations of their members, instead of the multinational corporations their leaders now apparently collude with, they might even support immigration reform.”

However, according to Ring, public sector unions are an abomination and teachers’ unions are the worst of the worst. He states,

“The teachers unions are guilty of all the problems common to all public sector unions. They, too, have negotiated unsustainable rates of pay and benefits. They, too, elect their own bosses, negotiate inefficient work rules, have an insatiable need for more public funds, and protect incompetent members. But the teachers union is worse than all other public sector unions for one reason that eclipses all others: Their agenda is negatively affecting how we socialize and educate our children, the next generation of Americans.”

When I decided to leave Silicon Valley and become a teacher, my new starting salary was one-third of my former salary and for the first time I had to pay for part of my medical insurance. I never worked so hard in private industry. I was never given a vote on who would be the principal at my school. My teaching colleagues were almost all moral and idealistic role models for their students. My personal experience says this anti-teacher fulmination is baseless bull-excrement.

Ring’s stated evidence for his claims includes,

“One of the most compelling examples of just how much harm the teachers union has done to California’s schools was the 2014 case Vergara vs. the State of California.”

“In particular, they questioned rules governing tenure (too soon), dismissals (too hard), and layoffs (based on seniority instead of merit). In the closing arguments, the plaintiff’s lead attorney referenced testimony from the defendant’s expert witnesses to show that these and other rules had a negative disproportionate impact on students in disadvantaged communities.”

Before that trial began David Callahan reported on who really brought the suit. His Huffington Post article noted,

“Of course, those nine kids aren’t really bringing the lawsuit; a wealthy donor is, in effect. A nonprofit called Students Matter has orchestrated the suit, and that group in turn was created by a successful tech entrepreneur named David Welch. He founded Students Matter in 2010 and hired the top tier legal team bringing the suit, which is co-led by Theodore Olson — who was George W. Bush’s Solicitor General.”

Callahan ended his article with this timely observation:

“What I will say here is that Welch’s laser-like philanthropy is yet one more example of how money can dramatically amplify the viewpoint of a single individual if deployed strategically. And when the money is targeted at efforts to change public education, it raises profound questions about the role of money in our democracy.

“The public schools, after all, have long been our most democratic institution. What does it say when one rich guy may be able to engineer a big change in this sector in the nation’s largest state?”

The expert witnesses in the Vergara trial were not unbiased professionals. One “expert witness” called was John Deasy who trained at billionaire Eli Broad’s unaccredited school administrators academy. He later wrote,

“During the Vergara trial, I testified from firsthand experience about the real harm that these laws have in our classrooms every day. I provided testimony about the barriers these laws create for administrators and the negative impact they have on students — and on the Los Angeles Unified School District’s many great teachers.”  

While it is true that it is possible for a California teacher to gain permanent employee status (tenure) in as little as 1 year and 9 months, it is not guaranteed or typical. I took 5-years. I worked for a year as an intern and then worked under temporary contract status for 2-years. It was only then that I was signed to a probationary contract which began my 2-year probationary period. I saw many “tenured” teachers fired during my fifteen years in the classroom and some of those firings seemed unfair.

The “barriers” administrators face are rules that stop them from favoritism or other negative behavior. I experienced rank favoritism my first year in the classroom when I had no protections. Midyear, my assignment was given to the daughter of a local well-connected family who had lost her job.

Only incompetent administrators are unable to fire “bad” teachers.

The “expert witness” that appeared to most influence the trial judge was Raj Chetty. Chetty is an economist from Harvard University who is known for his since discredited claim that teachers and schools could be evaluated using standardized testing. He called it value added measures (VAM).

Audrey Amrein-Beardsley, Ph.D. specializes in research methodology at the Mary Lou Fulton Teachers College. She prophetically commented on Chetty’s testimony,

“Well…indeed, I believe we can chalk this up to a judge’s lack of understanding of the dangers of VAMs and being impressed by the sheer size of Chetty et al.’s data file. With that amount of data, they must be onto something right? I think we can also chalk this up to the defense in this case not (yet) doing an effective job debunking Chetty et al.’s methods. That, I believe, will be improved and also crucial next round. There are many holes to be punched, so in my opinion it’s the strategies of the hole punchers that are now critical to the cases to come across the country.”

Judge Treu’s verdict was reversed.

Famed statistician and education researcher Gene V. Glass tweeted:

Glass Tweet

Furman University Professor, Paul Thomas wrote, “But one has to wonder how much impact that testimony would have had if the judge had considered that most reviews of the study find it to be poppy-cock (see Baker on the Chetty et al. molehill and Di Carlo) ….”

Ring also opines, “And whenever it is necessary to reduce teacher headcounts in a district, the senior teachers stay and the new teachers go, regardless of how well or poorly these teachers were doing their jobs.”

There are many reasons to embrace seniority rights, but in education it is critical. In the first place, I have never had a job in which experience was more important. Most teachers will tell you that after 10 or even 20 years in the classroom, they are still learning and getting better. Secondly, there is no job more difficult to evaluate than teaching. Without seniority rights when politicians decide not to fully fund education, less expensive new teachers would be retained and proven deeply experienced teachers would be shoved aside.

Ring also used raw testing data reports to prove public-school and teacher failures. The federal education laws known as No Child Left Behind and Race to the Top both employed this same methodology to evaluate schools and teachers. Unfortunately, the measuring stick used is no more precise than throwing darts at a spinning wheel. Testing under-girds the fraudulent scheme to privatize public schools. Ring stated,

“And as reported earlier this year in the LA School Report, according to the new “California School Dashboard,” a ratings system that replaced the Academic Performance Index, LAUSD is failing to educate hundreds of thousands of students. In the most recent year of results, 52 percent of LAUSD’s schools earned a D or F in English language arts, and 50 percent earned a D or F in math. Fifty percent of LAUSD’s schools are failing or nearly failing to teach their students English or math.

“In the face of failure, you would think LAUSD and other failing school districts would embrace bipartisan, obvious reforms such as those highlighted in the Vergara case.”

The state dashboard does not assign letter grades. The results of this testing are highly influenced by who is being tested. Since standardized testing does reflect poverty levels and percentage of language learners among the tested subjects, a quick look at a Los Angeles Unified School District shows that they are facing monumental challenges and doing reasonably well. They certainly are not failing.

LA Unified Data

Dashboard Data and Subgroup Data from California Department of Education

Eighty-four percent of Los Angeles Unified’s students are classified as living in poverty and 26.9% of their students are language learners. Statewide those numbers are respectively 60.5% and 20.9%. These statewide numbers are staggeringly large but still the much larger numbers from Los Angeles Unified make their Dashboard results appear to outperform expectations. If the LA numbers were removed, the state percentages of students in poverty and language learners would drop significantly.

This is another example of school privatizers misusing data to claim that public schools are “failing.”

The article also claims that teachers’ union members are teaching Howard Zinn’s Marxist ideology. It is back to “good old 1955” and the communist witch hunts. It states, “As a Marxist, he’d prefer a society that resembles Stalin’s Russia.” In the FBI’s voluminous file on Zinn, he admits in an interview to being a liberal and tells FBI agents that some people might consider him a leftist, but that he was not now nor never had been a communist. Even after J. Edgar Hoover’s instance on finding solid evidence of Zinn’s subversive endeavors, none was unearthed. Zinn’s real crime appears to have been speaking out for justice and the powerless.

Federal Tax Law is Being Broken to Sell a Political Agenda

Tax exempt charitable organizations must adhere to IRS tax code 501(c)(3). The first line of the IRS code explanation states,

“To be tax-exempt under section 501(c)(3) of the Internal Revenue Code, an organization must be organized and operated exclusively for exempt purposes set forth in section 501(c)(3), and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates.” (emphasis added)

The article which is the subject of this post was published on the California Policy Center (CPC) web-page. CPC along with the Pacific Research Institute are the California members of the State Policy Network (SPN). In its 2016 tax form, SPN says its purpose is to generate, “state policy analysis and education – identify emerging and innovative solutions to state problems, work alongside think tanks to build momentum for wide-spread education about those solutions, and develop reform leaders the goal of this project is to create a robust movement of leaders advancing free market ideas in the states.” In other words, its whole purpose is to influence legislation.

A 2013 report from the Center for Media and Democracy documents SPN’s founding:

“SPN was founded at the suggestion of President Ronald Reagan, according to the National Review and SPN’s website. In a conversation with Thomas Roe, a South Carolina building supply magnate, Reagan allegedly suggested Roe create ‘something like a Heritage Foundation in each of the states.’ So in 1986, Roe founded the South Carolina Policy Council. Similar groups – self-denominated as state-based think tanks – formed in Colorado, Illinois, Michigan, and elsewhere at around the same time. Representatives of those groups met at the Madison Hotel in Washington, D.C., and started to call themselves the ‘Madison Group.’ Roe later officially founded SPN as an ‘umbrella organization’ to provide ‘advisory services’ – bankrolled by Roe and other right-wing funders – in 1992.”

There is some evidence that the transition to SPN was bankrolled by David and Charles Koch through the American Legislative Exchange Council (ALEC). In any case, the Center for Media and Democracy report states, “SPN and its members have become major sponsors and members of the controversial American Legislative Exchange Council (ALEC).”

If you are very rich and do not want people to know you give money to privatize public schools, you can funnel it anonymously through one of the dark money funds that will contribute for you. It works simply enough. Just contribute say $50,000 to Donors Capital Fund or Donors Trust, tell them where to send the money and these tax exempt “charities” will donate for you.

The following is an example of the how funding of SPN network affiliates like CPC happens.

Donor Capital Fund 2016

In 2015, ten Individuals donated $242,000 anonymously to the California Policy Center (CPC) through the non-profit Donors Capital Fund.

A Conclusion

The article by Edward Ring was a slanted hit piece intended to undermine support for public sector unions and teachers’ unions in particular. This is clearly a political document that has nothing to do with charitable giving, but anyone giving money to further this political agenda can claim a charitable deduction. That means as a citizen I am supporting the propagation of a political ideology I find abhorrent.

Large giving to think tanks like the Heritage Foundation or the Federalist Society or the Center for American Progress is political giving. It not only should be taxed; the details of the donations should be made available to the public. Much of the giving at the Gates Foundation, the Walton Foundation, the Bradley Foundation, etc. is clearly designed to promote a political point of view. That is not charity. That is politics. It does not or at least should not qualify for non-profit status.

If we stop this tax cheating, we might see fewer of these baseless attack articles that divide people and communities.

 

 

School Choice is a Bamboozle a Hornswoggle a Flimflam

3 Aug

Two central ideologies behind school-choice are markets always make superior decisions and the cost of having local control of schools is poor outcomes. Both ideas are demonstrably untrue, but big money and power politics keep them alive.

In 2017, a national survey showed a dramatic drop in support for charter schools. A related Chalkbeat article said,

The survey, conducted by the school choice-friendly journal Education Next, found that slightly more Americans support charter schools, 39 percent, than oppose them, at 36 percent. But that marks a drop from 51 percent support just last year — one of the biggest changes in public opinion seen in the long-running survey, according to Harvard professor and the magazine’s editor-in-chief Marty West.

An internet search of “charter school growth slowing” brings up articles from around the country concerning the charter slow down. Education Week noted, “Last year, more charter schools closed than opened in the Bay Area for the first time since California passed its charter law in 1992. (California was the second state to allow charters to open.)”

To address this choice crisis, two Billionaires are starting a new national organization. A July 31, 2018 Chalkbeat article by Matt Barnum explains,

“The City Fund, as the group is being called, will push cities to expand charter schools and district schools with charter-like autonomy. It represents a big increase in visibility and influence for advocates of the “portfolio model” of running schools, a strategy that’s been adopted by cities like New Orleans, Denver, and Indianapolis.

“The group was announced Tuesday morning on the blog of Neerav Kingsland, who leads education giving at The Laura and John Arnold Foundation. According to a separate presentation created by the group and viewed by Chalkbeat, the Arnold Foundation and the Hastings Fund have already given the group over $200 million.”

Reed Hastings (Netflix Founder and CEO) is a charter school advocate who served on the board of the California Charter School Association; was the primary advocate of California’s charter school co-location law; and was also a key supporter for lifting charter school limits in California. He is a primary investor in DreamBox Learning, a company creating software to teach kids at computers. He famously stated that elected school boards need to be done away with.

John Arnold made his fortune at Enron and a hedge fund. He retired at 38-years-old. His private non-profit, the Laura and John Arnold foundation supports privatizing schools and ending democratic local control. He gives lavishly to charter schools (example: Gifted the Charter Growth Fund – $13 million).

The portfolio model of school reform calls for viewing schools like assets in a stock portfolio. Based primarily on the results of standardized testing the bottom scoring 5% of schools should be closed and replaced with new charter or innovation schools (charter like district schools). A serious flaw in this plan is the problem of error causes standardized testing to be useless for evaluating schools or teachers. Testing is a terrible ruler.

Former Assistant US Secretary of Education, Diane Ravitch, reacted to Arnold and Hasting promoting portfolio districts noting,

“Bonafide Reformer Jay P. Greene of the University of Arkansas has written several posts arguing that the portfolio model is a failure and that it is no different from a school district (although it is privately controlled). Read here. and here. The latter post is advice written to the Arnold Foundation about why it should not invest in the portfolio model. Sad. They didn’t listen.”

Innovation schools are promoted by the American Legislative Exchange Council (ALEC). They are district schools which present an operation plan for improving test outcomes and then receive autonomy to carry out the plan. Whether innovation or charter, local control of schools by democratic means is ended.

Disruption is not a good feature in education. The portfolio theory violates the need for stability. Brooke Havlik writing for Nova Education’s “Science and Learning” published “Psychologists Find School Stability a Factor in Achievement Gap.” Brooke stated, “Two new studies published this month suggest that changing schools may have a negative impact on cognitive development and student performance, especially for students experiencing chronic, high-levels of poverty.” (emphasis added)

In cities like Denver and Indianapolis, the portfolio model almost exclusively effects schools in poor and minority communities. In other words, the students most negatively impacted by this theory have their schools closed and the community loses its democratic rights.

A New Paper from In The Public Interest (ITPI) Documents the Flimflam  

This spring, ITPI published “Fraud and Waste in California’s Charter Schools.” The report documents $149,000,000 fraudulently purloined by factions of the California charter-school industry. The total of stealing stated is a summation of cases cited in media reports. The actual amount stolen is much larger.

The ITPI report also reveals how fortunes are created by gaining control of publicly financed assets. The report discloses,

“While charter schools constructed with general obligation bonds cannot be sold or used for anything other than the authorized school, schools constructed with tax-exempt conduit bonds become the private property of the charter operator. Even if the charter is revoked, neither the state nor a local school district can take control of this property. Additionally, schools constructed with private funding subsidized by New Market Tax Credits or acquired with private funds but whose mortgage payments are reimbursed through the Charter Facilities Grant Program (known as “SB740”) are typically owned without restriction.”

The American Federation of Teacher (AFT) released a new white paper, “Report on the Aftermath of the Great Depression: A Decade of Neglect.” It shares,

“Moody’s Investors Service, the bond rating agency, found that not only do charter schools tend to proliferate in areas where school districts already are under economic and demographic stress, but that charter schools tend to “pull students and revenues away from districts faster than the districts can reduce their costs.” As a result, charter schools also can add to school district credit risks, increasing the cost of borrowing. A growing body of research documents this impact.”

  • “Los Angeles: Each student leaving for a charter cost the district $3,900 in lost services.
  • “Philadelphia: Two different studies in Philadelphia found the cost of lost services to be between $4,828 and $6,898 per pupil leaving.
  • “North Carolina: A student leaving an urban North Carolina school district costs between $500 and $700 in lost services. The effect is smaller in non-urban districts.”

A Case Study in Destroy Public Education (DPE) (Part 1)

R.B. Buzz Woolley is a wealth philanthropist and venture capitalist from La Jolla, California. A San Diego Reader report from 2011 said of him,

“On the political front, meanwhile, Woolley personally donated $6500 to the California Charter Schools PAC in March and $25,000 to the Alliance of California Charter Schools Independent Expenditure Committee in June. In May, he also kicked in $10,000 for Californians Against Special Interests, a primarily GOP group mounting an initiative for a so-called paycheck-protection measure banning direct deductions of labor union dues.”

Buzz and The Mushroom House

In 2015 Woolley Purchased the Mushroom House for $5 Million

In 2005, Buzz Woolley and longtime columnist Neil Morgan founded Voice of San Diego. It was the first digital nonprofit news organization to serve a local community in the country. Besides his interest in using new technologies for media, Woolley also is enthusiastic about education technology in the classroom. In 2013 Woolley’s Girard Foundation sent over $500,000 to companies developing software for “personalized” education and competency-based education.

In 2004, Buzz Wooley was the President of the then new Charter School Growth Fund. That year, Don Fisher (Gap Inc.) and Wooley each contributed $100,000 to the fund. They were the only contributors. John Walton (Walmart) and Greg Penner (Walmart) joined the board. The next year, Buzz Wooley resigned as President.

Charter Fund Officers 2005

Image is from the Charter School Growth Fund 2005 Tax Form

The other important figure in the Thrive Public Schools case study is Nicole Assisi. Nicole attended Coronado High School and UCLA where she earned a multisubject teaching credential. Her first teaching job was leading English classes at San Diego’s Mira Mesa High School – 2002-2003 school year.

In 2003, she moved on to High Tech High where she was a teacher and project-based learning trainer until 2005 or 2006. Her linked in profile says she worked at High Tech until 2006 but it also says that in 2005 she went to Los Angeles to be an Assistant Principal at Camino Nuevo Charter Academy. In 2008, she moved on to be Principle on special assignment at De Vinci Schools (Formerly Wiseburn 21st Century Charter). She left De Vinci schools and returned to San Diego in 2013.

Nicole_CMO

Nicole Assisi from the Thrive Public Schools Web-Site

Along the way, Nicole earned a master’s degree in English and Communication/Media Studies from University of San Diego – 2004 and a Doctorate in Education from the University of Southern California – 2010.

A Case Study in Destroy Public Education (DPE) (Part 2)

The 34-years-old Nicole was provided with $8,960 from the Charter School Growth Fund and $100,000 from the Gates supported Educause to come to San Diego and start a charter school.

In the fall of 2013 she submitted a charter proposal to San Diego Unified School District (SDUSD) and then withdrew it. Soon after, she did the same thing at the Grossmont School District. Finally, in November, she resubmitted her completed proposal to San Diego Unified.

SDUSD’s charter review committee recommended her proposed Thrive Public Schools be authorized to start September 1, 2015 instead of 2014. They felt she needed more time to get a school organized and populated. In a surprise move the SDUSD Board voted 3-2 to reject the petition.

The next day Buzz Woolley’s Voice of San Diego ran an opinion piece by Nicole. She called herself “a sacrificial lamb” and said the Board “made a mockery of the entire charter-approval process, which I worked diligently to navigate.” She also wrote, “Thankfully, the County Board of Education has an opportunity to right this wrong when our appeal comes before them next week.”

The county also turned down the charter with a 3-2 vote. The county review committee had recommended against approving the charter.

Nicole really had no worries because the pro-school-privatizing State Board of Education (SBE) would come to her rescue. Though the law encourages the SBE to respect the decisions of counties and districts, it seldom does. In the spring, SBE voted 9-0 to authorize Thrive Public Schools.

The money started flowing Nicole’s direction. The known list of 2014 donations:  Woolley’s Girard Foundation $108,000, Gate’s Educause $254,500, Charter School Growth Fund $175,000 and the Broad Foundation $150,000 for a total of $688,000. The next year, Broad gave another $50,000 and the New Schools Venture Fund sent $100,000. There is another $144,000 promised from Educause.

Nicole has opened two more schools and a fourth set to open in September. Choice promoting publication, The 74, describes a co-located Thrive elementary school,

“The Juanita Hills campus is co-located with Carver Elementary, a pre-K-5 school that enrolls much higher proportions of disadvantaged students and English learners than Thrive. The two facilities share the same lot, but a long blue line has been painted down the center to separate them. A Thrive parent complained that though Carver had its own library on-site, Thrive kids couldn’t use it.”

Tom Vander Ark is a well-known promoter of education technology and public-school privatization. He described the Thrive education program,

“Curriculum such as Readers’ and Writers’ Workshop and CGI Math provide collaborative opportunities for small groups to work directly with the teacher, while other students work on Chromebooks or iPads.

“The middle school team uses Google Classroom to make and manage assignments. Math software includes ST Math and Zearn.

Kids at computers running software programs is lifeless, boring and de-personalized. It is bad education.

Thrive has actively developed the support of many neo-liberal and conservative politicians. Among their listed supporters are: State Senator Ben Hueso (D); Dede Alpert (D), Former Assembly Woman and State Senator; Kerry Flanagan, Chief of Staff, California Charter Schools Association; Tom Torlakson (D), Superintendent of Public Instruction for the State of California; Jed Wallace, President and Chief Executive Officer, California Charter Schools Association; Mark Wyland (R), State Senator. These people are enemies of public education supporting the same benighted policies as Betsy DeVos.

The three existing Thrive schools opened in the administrative area of SDUSD known as the Crawford Cluster. Like most cities, it is in San Diego’s poor and minority communities where the privatization efforts are focused. One of the reasons SDUSD’s Board rejected the Thrive petition was to protect the existing schools. There were already four charter schools within the cluster boundaries.

Crawford Cluster Map

Crawford Cluster Map from SDUSD

In 2017, Thrive announced its big advance which stands to make founder and CEO Assisi a wealthy woman. The report in the San Diego Union says,

“The 35,000-square-foot facility will be the fourth San Diego campus for Thrive Schools and will open in about 12 months at the former site of Bayside Community Center at 6882 Linda Vista Road.”

“The project’s cost became more affordable for Thrive through the federal New Markets Tax Credit Program, which gives tax credits to for-profit businesses that are helping revitalize low-income communities.”

“Civic San Diego was eligible for the program and was allowed to sell the tax credits to whoever was making the investment. In this case, the credits were sold to the bank lending money to Thrive to buy the site.”

Although paid for with tax money, the deed will belong to Thrive Public Schools and CEO Nicole Assisi.

Some Ending Observations

Thrive Public Schools is a net negative for San Diego. SDUSD is far more professional, stable and capable. Thrive undermines SDUSD budgets and divides people like the students at Carver Elementary. The charter school experiment has failed. It was a bad idea and needs to end.

Put these schools under the supervision of elected school boards and quit stealing tax payer money. School choice truly is a Bamboozle; a Hornswoggle.