Tag Archives: Charter schools

Goodbye Doo Wop Don

27 Mar

By Thomas Ultican 3/27/2024

Don Shalvey, with his self-selected twitter handle @dooWopDon, passed away March 16th, succumbing to a lengthy battle with brain cancer. During his long education-centered career, he worked with billionaires including Reed Hastings, Bill Gates and Helen Schwab, to privatize public education. In 1993, Don’s San Carlos Learning Center became the first charter school in California and second in America.

Before he was a charter school founder and before he was a school teacher, he was a disc jockey. That is why his twitter was @dooWopDon.

When founding the charter in San Carlos, he was superintendent of a small K-8 district, a third of the way up the peninsula between San Jose and San Francisco. This event made an obscure education administrator into a rock star in the movement.

Don Shalvey September 14, 1944 – March 16, 2024

Lily Geismer writes about the Clinton administration and its embrace of education choice in her book Left Behind (page 244). In 1997, Bill and Hilary dropped off their daughter, Chelsea, for her freshman year at Stanford. The next morning they were in the gymnasium at Don’s San Carlos Learning Center for a roundtable discussion about charter schools (page 248). Geismer claimed, “The San Carlos event galvanized momentum for charter schools.”

At the time, there was a cap of 100 charter schools in California. Afterwards, “a thirty-something man with a goatee and Birkenstocks”, Reed Hastings, approached Shalvey, asking, “Do you ever think that there’ll be more than a hundred charter schools in California?” He talked Shalvey into helping to get rid of the charter school cap (page 249). “The combination of Don as Mr. Charming Establishment and me as a wealthy provocateur presented a unique challenge to the teachers union,” Hastings remembers in an interview.

Together, they successfully campaigned to end the charter school cap. At the same time, Hastings was starting his new company, Netflix. The two soon hooked up with John Doerr and NewSchools Venture Fund to invent the charter management organization (CMO). With $400,000 left from their campaign, they used it to create America’s first CMO, University Public Schools which later became Aspire.

Shalvey did most of the leg work.

The first Aspire charter school opened in 1999 in Stockton, California. During his career in education, Shalvey’s home was always a ranch in Linden, California about 10 miles from Stockton.

The Gates Foundation

From 2009 to 2020, Shalvey served as Deputy Director for K-12 Education at the Bill & Melinda Gates Foundation.

While he was at the Foundation, charter school enrollments grew by a half-million students, fueled in large part by the Charter School Growth Fund supported by Gates, the Walton family and other billionaires. The Fund was founded in 2004 by Buzz Woolley and Don Fisher (Tax ID 05-0620063). In 2005, John Walton replaced Buzz Woolley as president, indicating his privatization focus changed from vouchers to charter schools.

Gates gave Shalvey two big jobs. He was to implement Common Core standards and target teacher preparation. Unfortunately the standards were installed with no field testing. There were many good ideas within them but much of it was improperly aligned and had no buy-in from educators. There were also political issues. People saw this as Gates’ effort to take control of public education and create a centralized US education marketplace.

Focus on teacher preparation became another effort at privatizing every aspect of the education industry. Instead of working with established institutions like Columbia University or the University of California system, Shalvey and Gates looked toward private companies like the Teach for America (TFA) spinoff, TNTP.

Wendy Kopp founded TNTP (originally called The New Teachers Project) in 1997 and assigned Michelle Rhee, who had just finished a two-year TFA tour, to run it. Under Rhee’s leadership, TNTP became noted for teacher bashing.

Soon after Shalvey went to work for Gates in 2009, he became a member of the EdSource board. Gates was perhaps their largest funder and Don, his representative, remaining a board member until his passing.

Returns to Stockton

June 30 2020 was Shalvey’s last day at the Gates Foundation. For the entire time he worked for Gates, he commuted from the home he shared with wife, Sue, in Linden, California. He stated:

“For the past 50 years, the San Joaquin Valley has been my home. I’m thrilled to spend the final years of my career working to improve education for the young people in our wonderful Valley.”

The 75 year-old Shalvey was not ready to retire. He became CEO of a local non-profit called San Joaquin A+. There must have been secret negotiations before he left Gates because it is probably not a coincident that at the same time billionaire, Helen Schwab, made a $400,000 donation to the non-profit.

Shalvey’s new job was part-time, committing 20 hours a week to his CEO position. Tax records indicate San Joaquin A+ (Tax ID: 51-0536117) became tax-exempt in 2005. It was a relatively low key organization until his arrival. In 2019, they had net assets of $39,266. Shalvey was compensated $160,225 that first year and in 2021, $332,782. In the three years prior to his arrival, A+ had taken in $15,169. The haul in 2020 was $3,176,833 and in 2021, $3,942,790.

He was definitely a rainmaker and the question is what did his billionaire supporters expect back?

Don Shalvey was known to be a good guy with a big smile and able to work with people but some locals in Stockton disagree. Founder of Facebook news report 209 Times, Motecuzoma (Motec) Sanchez, wrote:

“Every time one of these devils dies, like with Alex Spanos, you see their legacy media puppets try to brainwash the public into believing what they did in their lifetime was admirable. Shalvey exploited poor Brown and Black kids in my hometown of Stockton, Modesto and beyond. And his creations, like a monster, continue to do so.”

The late Alex Spanos was a very successful real-estate developer from Stockton who purchased the San Diego Chargers in 1984. Motec felt Spanos was ruthless and that just the way his life story was glorified is how Don Shalvey’s life is being embellished today. From his ranch in Linden, Shalvey consistently ingratiated himself with billionaires, denigrated public schools and made profits. 

In 2022, two grand jury reports seemed out to demonize the local school districts board and leadership. A report in The 74 quoted Shalvey saying, “I think Stockton Unified might be the worst system in the country.” That was typical of the hyperbolic anti-public school statements he often made.

It is true that during John Deasy’s two years as Superintendent, the district had some financial issues which have been solved. With 82% of K-12 students coming from families of poverty, it is little wonder they did not test well but their graduation rates were reasonable and English language progress rates, among the best in the state. It is one more example of good schools in poor neighborhoods having test results used to unfairly undermine them.

Shalvey made a lot of money working to destroy public education but that money is not helping him now. He raised an admirable family and seemed to have many good traits. I feel bad about writing critically of the dead but he, unwittingly or not, made many bad choices, harming countless children.

I agree with Motec.

Don Shalvey should never be lionized.

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Stalled California Charter Schools

29 Feb

By Thomas Ultican 2/29/2024

In California, from 2021 to 2023, 31 new charter schools opened but 63 closed. Since inception in 1994, charter school enrollment grew ever year until 2021. For the first time, charter school enrollment fell. This December, KIPP SoCal announced they were closing three of their 23 Los Angeles County schools. Alliance for College-Ready Public Schools and Green Dot Public Schools have also closed LA area schools.

The charter industry is struggling…

California State Enrollment Data

Los Angeles Unified School District

Los Angeles Unified School District (LAUSD) charter petitions used to arrive by the dozens but there were none this year. The 74 reported:

“Enrollment in the schools peaked in 2021, when the city’s charters enrolled nearly 168,000 students. Since then admissions have declined by nearly 11%, although not as fast as district schools.”

The “although not as fast as district schools” remark is disingenuous. In 2016, LAUSD enrollment was 639,337 and by 2023, had fallen to 538,295. This was a drop of almost 16% but over a much longer time period.

Since 2019, student enrollment in California declined by 5% and in Los Angeles County, the drop was 8.5% (California Data).

Howard Blum, reporting for the LA Times, stated:

“Twenty years ago, L.A. Unified had close to 740,000 students and was building schools as fast as it could. District-operated schools currently enroll about 420,000 students — a decline caused by reduced immigration, families moving out of L.A., lower birthrates — and, until recently, the growth of charter schools.”

Carol Burris and Network for Public Education (NPE) published Broken Promises in 2020. A stunning find was that almost 50% of charter schools had closed their doors within the first 15 years of operation (Broken Page 19).

About 50% of Charter Schools Closures by Year 15

Parents, sold a story about superior charter schools, often end up dismayed. A typical response to the closing of KIPP Poder comes from parent Gina Alonzo:

“I was very angry — very, very upset — disappointed, because we didn’t get a warning. We didn’t get a notification of what was going on — the issues that they were having.”

“We were grown as a community here. Everybody knows each other. This is all my son knows. So I’m upset and I’m thinking about the trauma that this is going to cause him.”

Besides new state policies and falling student populations, people in the choice community see the LAUSD board as hostile to charter schools. In 2022, Rocio Rivas won the district-2 seat in a tightly fought battle, not called until two weeks after the election. With a pro-public school board member, replacing termed-out Monica Garcia, the board shifted away from school choice.

In 2017, billionaires (Hastings, Broad, Rock, Fisher and, multiple Waltons) poured huge dollars into the LAUSD election, outspending their opponents 2 to 1 in America’s most expensive school board election ever. They spent more than $6 million in just the 2020 district-7 race to maintain control of the board. The 2022 results flipped the script and billionaires lost control.

John Angeli is executive director of the Los Angeles Coalition for Excellent Public Schools, a group that represents some of the city’s largest charter operators. He points out that in 2024, two incumbent school board members are running for reelection with two retiring board members, leaving open seats. Angeli believes the board could tip back to his favor in November.

School Choice – A Bad Choice

Some charter schools are abominations but most of them are reasonable. Like public schools, they are staffed with excellent or mostly decent teachers and a few who should not be in the profession. Their standardized testing results are similar to those of public schools with two deficiencies. They are likely to close their doors anytime while a public school never closes mid-school year, with no notice. Also public schools unify communities while charter schools divide them.

Birthed in the bowels of the 1950’s segregationist south, school choice has never been about improving education. It is founded on white supremacy, profiting off taxpayers, cutting taxes, selling market based solutions and financing religion. School choice ideology has a long dark history of dealing significant harm to public education.

Steve Suitts’ book, Overturning Brown, provides overwhelming evidence for the segregationist legacy of “school choice.” “Brown v Board” has been effectively gutted with “choice” as the white supremacists’ most potent strategy. In the 21st century, choice is being wielded to maintain segregation and destroy separation of church and state.

Southern segregationists often condemned “integration as the work of communists” (Suitts 32). Adopting the language of University of Chicago libertarian economist, Milton Friedman, they began denouncing the “monopoly of government schools”, calling it “socialism in its purest form” (Suitts 59). This is the basis of so-called school choice.

A Brookings Institute study of segregation in schools reported:

“Charter schools are more segregated than TPS [traditional public school] at national, state, and metro levels. Black students in charter schools are far more likely than their traditional public school counterparts to be educated in intensely segregated settings. At the national level, 70 percent of black charter school students attend intensely segregated minority charter schools (which enroll 90-100 percent of students from under-represented minority backgrounds), or twice as many as the share of intensely segregated black students in traditional public schools”.

This is a big problem concerning all races. Professors Linda R. Tropp and Suchi Saxena along with many other sociologists and educators have conducted research identifying the clear benefit of and need for school integration. They state, “New social science research demonstrates the importance of fostering sustained interracial contact between youth in order to prepare them to thrive in a multiracial society”.

UCLA Professor Gary Orfield coined the phrase “apartheid schools” for schools with a White student enrollment of 1% or less. A personal 2019 study of Washington DC charter schools revealed that 64 of the 116 charter schools could be classified as “apartheid schools”.

Yesterday, Peter Greene posted an insightful article about the coalition-promoting school choice and their splintering. One of the points he made was:

“But what the alliance didn’t produce was results. Choice did not provide a sudden lifting of all boats, despite some data-torturing attempts to show otherwise. Data-driven instruction didn’t improve the data generated by either students or teachers. Underserved communities that were supposed to be rescued from failing schools by charters and choice too often had education policies done to them rather than with them. And then there was the gross miscalculation that was Common Core, which drew attack from all across the political spectrum”.

For the Catholic Church and Evangelical Christians, like Betsy DeVos, publicly provided vouchers for private religious schools open a path to taxpayer support for their organizations. It is lamentable for their cause that every recent large scale study of vouchers showed students perform worse when transferred to voucher schools.

What is the main motive behind mega-rich spending to undermine public education? Professor Maurice Cunningham of the University of Massachusetts claimed they really want “lower state and local taxes.”

John Arnold is the billionaire Enron trader who did not go to prison when that company collapsed. He has joined forces with the billionaire CEO of Netflix, Reed Hastings, to sell the nation on the portfolio model of school management.  To achieve their goal, they created The City Fund. After its founding in 2018, billionaires Bill Gates, Michael Dell and Steve Ballmer all made significant contributions.

In brief, the portfolio model directs closing schools that score in the bottom 5% on standardized testing and reopening them as charter schools or Innovation schools. In either case, they will no longer come under the purview of an elected school board. It is a march to oblivion for public schools because there will always be a bottom 5%.

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

It is good for America that charter schools are starting to struggle but it is heartbreaking for parents, hornswaggled by billionaires. Americans have always had school choice. If taxpayer funded public school are not wanted, there are always private schools, without the choice encumbering taxpayers.

Let’s join with the Network for Public Education and thoughtfully role back choice schools and put them under democratic control.

Stop fleecing taxpayers to finance privatized schools.

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NPE Throws Cold Water on CREDO Paper

23 Jul

By Thomas Ultican 7/23/2023

The Center for Research on Education Outcomes (CREDO) just released another pro-charter school study, “CREDO also acknowledges the Walton Family Foundation and The City Fund for supporting this research.” It is not a study submitted for peer review and so opaque that real scholars find the methodology and data sets difficult to understand. Carol Burris and her public school defenders at the Network for Public Education (NPE) have provided an in-depth critical review.

With the new CREDO study, Education Week’s Libby Stanford said that “charters have drastically improved, producing better reading and math scores than traditional public schools.’’  Rupert Murdoch’s Wall Street Journal declared charter schools are now “blowing away their traditional school competition.” Burris retorted with “despite the headlines, the only thing ‘blown away’ is the truth.” (Page 3)

Putting a CREDO Thumb on the Scale

CREDO uses massive data sets, unavailable to other researchers, getting minuscule differences which are statistically significant. No one can check their work. They employ a unique and highly discredited statistical approach called “virtual twins” to compare public school with charter school testing outcomes. Instead of reporting the statistical results in standard deviations, CREDO uses their “crazy pants” days of learning scheme.

NPE discovered that the “blowing away” public school results amounted to 0.011 standard deviations in math and 0.028 standard deviations in reading. The minuscule difference is “significant statistically but is meaningless from a practical standpoint” according to CREDO. In a 2009 report showing public schools with a small advantage, CREDO declared, “Differences of the magnitude described here could arise simply from the measurement error in the state achievement tests that make up the growth score, so considerable caution is needed in the use of these results.”

To give these almost non-existent differences more relevance, CREDO reports them as “days of learning” instead of standard deviation. “Days of learning” is a method unique to CREDO and generally not accepted by scholars. They claim charter school math students get 6 more “days of learning” and English students, 16 days.

CREDO Days of Learning Conversions

The above chart comes from the Technical Appendix of a previous CREDO study, which reveals that Eric Hanushek and Macke Raymond used NAEP data from 2017 to create the table. No justifications for the conversions are given. It appears to be sloppy science and headlines generated by its use are unfounded propaganda.

Bad Methodology

The CREDO method does not compare charter school performance to actual public schools. It creates mathematical simulations. Professor Andrew Maul of UC Santa-Barbara stated, “The study’s ‘virtual twin’ technique is insufficiently documented, and it remains unclear and puzzling why the researchers use this approach rather than the more accepted approach of propensity score matching.”

CREDO’s stipulation that “virtual twins” comes from “feeder schools,” favors charter schools. Management expert, Andrea Gabor, explained that CREDO used less than five student transfers to a charter school as the cutoff for a particular public school’s data. She notes the “study excludes public schools that do NOT send students to charters, thus introducing a bias against the best urban public schools, especially small public schools that may send few, if any, students to charters.”

This study is singularly focused on test results as determinate of school quality. Many charter systems, like IDEA and Success Academy, spend an inordinate amount of time preparing for standardized tests. This biases results.

Professor Mark Weber of Rutgers University adds a few more observations:

The NPE report highlights another source of bias for charter schools:

“In addition to their presence in a CREDO-identified feeder school, students are matched by gender, grade level, scores, race, and special education and English language learner status. Yet special education students are not a monolith. Research has consistently shown that charters take fewer special education students and enroll fewer students with more challenging disabilities than public schools.” (Page 9)

The combination of rejected methodologies, murky data studies and biases toward charter schools render the CREDO study useless. Minuscule advantages reported, favoring charter schools, indicate that in reality, public schools outperform charters.

The CREDO Story

In 1981, Massachusetts Institute of Technology trained economist, Eric Hanushek, wrote “Throwing Money at Schools.” Right-leaning philanthropies and institutions were drawn to his declaration:

“The conventional wisdom about public schools is that they face serious problems in terms of performance and that improving schools requires additional money. However, the available evidence suggests that there is no relationship between expenditures and the achievement of students and that such traditional remedies as reducing class sizes or hiring better trained teachers are unlikely to improve matters.”

In a 1981 Ed Week commentary referencing this paper, Hanushek points to SAT testing as the gold standard for judging school performance. He claims, “Advanced statistical techniques are employed to disentangle the influences on achievement of schools and teachers from those of other factors such as family backgrounds and student abilities.” This motivated him to push for teachers to be evaluated, using “value added measures”, that since have been thoroughly discredited.

At the time, he was teaching political science and economics at Rochester University and meeting his future wife, a significantly younger student, named Margret (Macke) Raymond. She completed her Rochester University political science PhD in 1985.

A 1999 announcement from the school said, “The Center for Research on Education Outcomes has been established at the University of Rochester’s Wallis Institute of Political Economy…” In the same posting, it revealed, “Two foundations have committed $1.25 million to fund a three-and one-half year initiative to address the current shortage of evaluation research in education policy matters.” CREDO never made the names of the two foundations public but a knowledgeable academic disclosed one of them was the Walton Family Foundation. It is documented that the Waltons give generously to CREDO.

The announcement listed Eric Hanushek first and Macke Raymond as founding Director.

CREDO moved to Stanford University’s Hoover Institute in July 2000 which made networking in conservative circles much easier.  Their 2nd year report stated that moving to the Hoover Institute brought many new contacts, including the New Schools Venture Fund, the District of Columbia Charter School Board, the Teacher Union Reform Network and others.

Public Schools are Superior to Charter Schools

Staffing in public schools is made up of mostly college graduates with certified state teaching credentials. Before the appearance of the billionaire-created Teach For America (TFA), nearly 100% of public school teachers had a year of teacher training and a bachelors degree or higher. A significant percentage of charter school teachers come from TFA with just five weeks of education training. Charters are typically not required to use certificated teachers.

The depth of experience in the public school teaching corps is larger than that of charter schools. A Fordham Institute article states:

“That being said, there is a bona fide but often unaddressed teacher shortage: experienced teachers in charter schools. In the United States, a third of charter teachers have fewer than three years of teaching experience, compared to only a fifth of public school teachers.”

“Comparative inexperience and youth in front of classrooms carries costs. More than any other school-related factor, a teacher’s efficacy matters most to student learning. And especially in the early years, nothing improves a teacher’s efficacy quite like experience.”

Stability is important for school-aged children and especially for those growing up in difficult home environments. In 2020, NPE conducted an in-depth look at charter schools since their inception. They discovered that charters were closing at extremely high rates; 18% by year 3, 25% by year 5, 40% by year 10 and 50% by year 15. In some cases, charters closed their doors mid-semester without warning; this never happens in public schools.

Management in public schools must meet state credentialing requirements. They focus on good pedagogy, safe schools and parent engagement. In charter schools, supervisors are often untrained in education and make return on investment, a key goal.

Safety in public schools is state-mandated but charter schools can ignore some rules. In California, all public schools must be earthquake-safe facilities. Charter schools may not heed this requirement.

In 2013, Christopher A. Lubienski and Sarah Theule Lubienski published The Public School Advantage – Why Public Schools Outperform Private Schools. Nothing has happened over the last ten years that invalidates this scholarly work. Charter schools are private schools with a state contract, similar to garbage collection companies, contracting with a city. They are private companies, paid with taxpayer funds.

Charters are substandard education organizations that only survive because of marketing.

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Chartered to Indoctrinate

3 Jul

By Thomas Ultican 7/3/2023

Carol Burris and team at Network for Public Education (NPE) just published, “A Sharp Turn Right” (STR). NPE President Diane Ravitch noted there are several problems associated with charter schools’ profiteering, high closure rates, no accountability…

“This new report, A Sharp Turn Right, exposes yet one more problem — the creation of a new breed of charter schools that are imbued with the ideas of right-wing Christian nationalism. These charter schools have become weapons of the Right as they seek to destroy democratically governed public schools while turning back the clock of education and social progress by a century.” (STR Pages 3 and 4)

STR focuses on two types of charter schools. One characterizes themselves as “classical academies” and the other touts “back to basics,” without noting they also employ the same “classical” curriculum. Both provide right-wing clues on their web-sites, alerting parents of alignment with Christian nationalism. Marketing is often red, white and blue, with pictures of the American founding fathers, and discussions on patriotism and virtue. Some schools include direct references to religion like Advantage Academy’s claim of educating students in a “faith-friendly environment.”

STR further clarifies,

“These schools are distinguished by a classical “virtuous” curriculum combined with hyper-patriotism for Christian nationalist appeal. They are exemplified by charters that adopt The Hillsdale College 1776 Curriculum…” (STR Page 7)

Using keyword searches, NPE identified 273 active charter schools fitting this description and noted they surely missed more. Nearly 30% of them were for-profit; about double the rate for the charter sector in general. Almost 50% of them have opened since Donald Trump was inaugurated president in 2017. (STR Page 7)

Apparently the school founders want to turn the clock back to the nineteenth century. STR states,

“Founders of classical charters view the rejection of modern instructional practices as a selling point. Proponents of classical education vilify the progressive movement, accusing John Dewey and his followers of removing Christian ideals and redesigning schools to achieve social goals.” (STR Page 9)

It identifies the largest charter school systems indoctrinating students with Christian nationalist ideology and discloses where they are operating. Discussing, in some depth, Hillsdale College with its Barney charter schools and the large number of new charter affiliates, the report asserts:

“What they all have in common is teaching Hillsdale’s prescriptive 1776 curriculum, which disparages the New Deal and affirmative action while downplaying the effects of slavery. Climate change is not mentioned in the science curriculum; sixth-grade studies include a single reference to global warming.” (STR Page 15)

The reality is today’s taxpayers are forced to pay for schools teaching a form of Christianity associated with white superiority; politically indoctrinating students with specific rightist orthodoxy. What happened to the principal of separation of church and state? This charter schools for indoctrination movement must be stopped before American democracy is sundered.

Church and State

James Madison proposed the Bill of Rights to codify protections not addressed in the constitution. In the first article, four freedoms are guaranteed – freedom of speech, freedom the press, freedom of peaceable assembly and freedom of religion.

In an 1802 letter to the Danbury Baptist association of Connecticut, Thomas Jefferson explained,

“Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should ‘make no law respecting an establishment of religion, or prohibiting the free exercise thereof,’ thus building a wall of separation between Church & State.” (Emphasis added)

Katherine Stewart’s deeply researched book, The Good News Club, shares that tensions between Protestants and Catholics became fever-pitched in the 19th century. A student in Boston, named Thomas Whall, refused to recite the Protestant version of the Ten Commandments and was beaten for thirty minutes. In 1869, the Cincinnati Bible War over classroom Bible use raged in the streets. (Good News Pages 72 and 73)

Stress over religion in school mounted to the point that President Ulysses S. Grant in an 1876 speech counseled,

“Leave the matter of religion to the family altar, the church, and the private school, supported entirely by private contributions. Keep the church and state forever separate.” (Good News Pages 73-74)

Clarification of the Establishment Clause came in a 1947 Supreme Court decision over a New Jersey school board providing transportation costs for schools run by the Catholic Diocese. In Everson v. Board of Education, Justice Hugo Black stated in his majority opinion:

“The ‘establishment of religion’ clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions or prefer one religion over another. Neither can force nor influence a person to go to or remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining of professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called or whatever form they may adopt to teach or practice religion.” (Emphasis added)

The 1962 Supreme Court decision in Engle v. Vitale ended prayer in school. This was not a particularly close call, with only Justice Potter in descent. Justice Black, writing for the majority, stated:

“We think that, by using its public school system to encourage recitation of the Regents’ prayer, the State of New York has adopted a practice wholly inconsistent with the Establishment Clause. There can, of course, be no doubt that New York’s program of daily classroom invocation of God’s blessings as prescribed in the Regents’ prayer is a religious activity.”

By the time Ronald Reagan was elected the 40th president of the United States, the “separation of church and state” had been firmly established.

America’s Riven Rights

Reagan’s nomination of the proclaimed originalist, Anthony Scalia, to the Supreme Court began the attack on the Establishment Clause. According to Jeffrey Toobin, author of The Nine: Inside the Secret World of the Supreme Court, Scalia maintained that the Constitution not only permits entanglement between church and state, but encourages it. (Good News Page 85) 

Katherine Stewart observed,

“According to Scalia, the secularism of today’s liberals is really just another religion – and an unattractive one at that, suitable for the weak of mind and character. It is the creed of relativism, which says that no belief is better than any other, and no value is better than any other. This philosophy of religion is the genuinely immovable part of Scalia’s judicial philosophy in cases involving religion, and it has proven to be the real source of his disdain for the Establishment Clause.” (Good News Page 86)

Scalia was a lonely voice on the court until 1991 when President Bush appointed Clarence Thomas.

The first big break for the anti-establishment forces came in the case of the LAX Board of Airport Commissioners v. Jews for Jesus. In the case, Jay Sekulow defended the constitutional right to stand in an Airport and hand out tracks about Jesus. The case was not controversial. Sekulow achieved a unanimous victory but more importantly, the new legal concept of speech from a religious viewpoint being protected was created.

Stewart writes, “Henceforth, Sekulow would appear repeatedly before the Supreme Court, playing a song with just one note: religious activity is really just speech from a religious viewpoint; therefore, any attempt to exclude religious activity is an infringement of the freedom of speech.” (Good News Page 90)

When Center Moriches Union School District turned down James Dobson’s request to use their facilities for a religious film series based on a no religious groups policy, Dobson sued. Sekulow claimed they were engaging in speech from a religious viewpoint and in 1991, the court ruled for Dobson, based on freedom of speech.

The Rosenberger v. University of Virginia case was decided in 1995, favoring Rosenberger with a split 5-4 decision. University student Rosenberger had asked for several thousand dollars from a student activity fund to subsidize the cost of “Wide Awake”, a Christian magazine. The court ruled that denial of funding based on the religious message amounted to viewpoint discrimination. Justice Souter noted that the University of Virginia was directly subsidizing religion by paying for a magazine that exhorts its readers to convert to Christianity.

In 1996, the Child Evangelism Fellowship applied to establish a Good News Club at the K-12 Milford Central School. The New York school had a policy of restricting the use of its property by organizations and individuals for religious purposes. In 2001, the Supreme Court ruled 6-3 in favor of the plaintiffs in Good News Club v. Milford Central School.

Stewart reports, “In his majority opinion, Justice Thomas laid out a philosophy that essentially destroyed the postwar consensus on the separation of church and state.” Scalia conquered with Thomas’s reasoning and said religion is such a complicated thing that the court should refrain from even attempting to define it. (Good News Page 95)

With their newfound allegiance, to the Free Speech clause the court majority created a dubious attack on the Establishment Clause. In Widmar v. Vincent, Justice Byron White observed:

“A large part of respondents’ argument … is founded on the proposition that, because religious worship uses speech, it is protected by the Free Speech Clause of the First Amendment. Not only is it protected, they argue, but religious worship qua speech is not different from any other variety of protected speech as a matter of constitutional principle. I believe that this proposition is plainly wrong. Were it right, the Religion Clauses would be emptied of any independent meaning in circumstances in which religious practice took the form of speech.”

In this light, Stewart asks the obvious question, “Was it the intention of the country’s founders to include redundant or meaningless clauses in the Constitution?”

Conclusion

Time to wake up and smell the coffee; the modern Supreme Court is corrupt and needs reformation. Instead of deciding issues based on law and precedence, they create theories designed to support a political philosophy rather than showing fidelity to the constitution. This reflects a complete degradation of jurisprudence. The poorly formed decisions regularly undermine the rights and protections the founders bestowed on citizens; all while some Justices appear to be ethically compromised.

For the first time in American history, billions of taxpayer dollars are flowing to private religious schools.  The STR report shines a light on charter schools with religious agendas. Even more disturbing, these new taxpayer funded privatized schools are literally indoctrination centers, teaching a depraved political ideology.

This cannot stand!

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San Diego County School Board Election 2022

12 Sep

By Thomas Ultican 9/12/2022

The bedrock of American Democracy is the school board. Many of America’s leading politicians began their career serving on a school board. This November 8th, half of the school board positions in San Diego County will be on the ballot. Here is a review of the candidates in our ten largest school districts and the County Office of Education. Recommendations are included.

School board seats are supposedly non-partisan contests; however the Republican and Democratic parties have made recommendations in many of the matches. The Republicans do a formal endorsement while the Democrats identify party members on the ballot. In this post both methods are treated as endorsements.

San Diego County Board of Education

Public school students 399,786 – Charter school students 81,316 – Percent charter 16.9%

In District-3 which includes most of the southern end of the county, incumbent Alicia Muñoz faces off against Marvin Attiq. The Democrats endorse Muñoz and the Republicans endorse Attiq.

Attiq appears to be a barber with no background in education. Muñoz has been on the board since 2014 and teaches English at Cuyamaca College. She has a master’s degree in English from San Francisco State University and a bachelor’s in comparative literature from UC Berkley.

Recommendation: Alicia Muñoz.

District-5 runs along the coast north from Del Mar to camp Pendleton. Incumbent Richard Shea has the endorsement of the Democrats and Emily Wichmann is endorsed by the Republicans. Shea worked as a special assistant to the county superintendent and was originally appointed to a vacant seat in 2015. In 2016, he was elected to the office. Shea previously served as head teacher for the Juvenile Court Schools.

Based on her posts on Facebook, it appears Wichmann tacitly supports the anti-LGBTQ attacks and her LinkedIn page indicates she supports standardized testing. She also joins the pro-choice agenda of many in the Republican Party. Although Wichmann does not have any formal training or experience in education, her 24 years on the Oceanside Unified school board vests her with on the job training.

Recommendation: Richard Shea

San Diego Unified School District (SDUSD)

Public school students 95,250 – Charter school students 19,217 – Percent charter 16.8%

Area B represents northeastern San Diego from Scripps Ranch to Normal Heights. SDUSD is one of the few districts to require a primary to earn a spot on the general election ballot.

Godwin Higa is perhaps San Diego’s foremost expert on trauma informed education. Documentary film maker Rita Grant made a 2017 short film about Higa and his work at Cherokee Point Elementary School. He has more than 30 years experience as an educator and administrator. Find Higa’s campaign web page here.

Shana Hazan is a young mother with two elementary school aged daughters attending SDUSD schools. Her campaign web site shares an impressive list of endorsements including the Democratic Party and the San Diego Union Tribune. According to her linked in page, after earning a master’s in education from Northwestern University, she taught elementary school for two years. One year was at a charter school and the other at a Chicago public school. Since returning to San Diego, she has spent the last 12 years working at Jewish Family Services.

The amount of money flowing into Hazan’s campaign is concerning. The $93,000 she has already reported dwarfs the sums raised by any other San Diego school board candidate. By comparison, Higa reported $5,685. It is not just the amount but who is contributing that is worrisome. Her campaign reports show $1,500 from Alan Bersin, $1,500 from Scott Peters, $1,500 from Irwin Jacobs, $1,500 from Joan Jacobs, $1,500 from Allison Price, $1,500 from Robert Price and $1,000 from David Wax. Clearly neoliberal money is pouring in.

Recommendation: Godwin Higa

In Area C, Rebecca Williams is the anti-mask and anti-vaccine mandates candidate endorsed by the Republican Party. She has teaching experience in charter schools. She and her husband founded Valor Education a charter management organization whose classic education is a conservative response to progressive values. Williams has reported the second most money of any county school board candidate, $65,839.

Cody Peterson is an anthropology lecturer at University of California San Diego and a well-known environmentalist. He grew up in La Jolla attending public schools there. The Voice of San Diego stated, “[His] history of involvement, his progressive politics and his support of, and membership in local unions led to a cascade of endorsements from Democratic officials and many of San Diego’s most robust unions, like the San Diego Education Association, which represents SDUSD’s teachers.”

Recommendation: Cody Peterson

Sweetwater Union High School District (SUHSD)

Public school students 36,557 – Charter school students 1,469 – Percent charter 3.9%

This election brings a big change for Sweetwater. For the first time since 2014, two incumbent board members are not running.

Area 1 covers National City and northwest Chula Vista. Trustee Arturo Solis is the incumbent running unopposed.

Area 3 includes Bonita and Eastlake. Marquetta Brown has a campaign facebook page and web page. Elva Lopez-Zapeda also has a web page and is a long time elementary school educator. Noem Abrego lists herself as a community volunteer. Rebekkah Naputi has no known education background but she is endorsed by the Republican Party. Michael Black is a personal injury attorney who shows no education experience or background. An insider believes that the Sweetwater Teachers Association will endorse Elva Lopez-Zapeda.

Recommendation: Elva Lopez-Zapeda

 Area 5 represents Imperial Beach and south San Diego. Dante Garcia Pamintuan is a real estate agent who has been described as a MAGA Republican. He was a member of the Imperial Beach Chamber of Commerce board of directors in 2020. Marti Emerald is a well known investigative journalist and former San Diego city council member. She is endorsed by the Democratic Party. Neither Pamintuan nor Emerald has experience working with education.

Recommendation: Marti Emerald

Poway Unified School District (PUSD)

Public school students 35,192 – Charter school students 0 – Percent charter 0%

In the Northeast corner of Poway a battle is brewing for the Area B seat. Incumbent Ginger Couvrette was first elected to the board in 2018. She has the endorsement of the Republican Party and reports on her web page the support of Carl DeMaio and Joel Anderson.

Frida Brunzell holds a masters degree in chemical engineer. She is engaged with many Poway civic groups and is endorsed by the Democratic Party. Her campaign web page highlights the work she has done as a President of the Palomar Council PTA which oversees all of the PTA organizations in the district.

On Dave Nelson’s campaign web page, he makes clear the disdain he holds for present school board. He may be the MAGA candidate. Nelson states, “We parents have been taken over by mandates, CRT and Cancel Culture, which has devastating effects on our Schools and the Students’ ability to learn.”

Recommendation: Frida Brunzell

Area C is in north central Poway. Patrick Batten a former Marine and San Diego City council candidate is endorsed by the Republican Party and his web page lists several known Republican Politicians including Darrell Issa as supporters. Heather Plotzke is endorsed by the Democratic Party and her web page has a list Democratic Party groups that are supporting her. Neither Batten nor Plotzke list any experience in education. The third candidate Jason Bennett lists himself as a restaurateur and father. No other information is known about him.

Recommendation: Heather Plotzke

Area D is in south central Poway. The incumbent, Michelle O’Connor Ratcliff, teaches business law at the University of San Diego. Ratcliff, who has served on the PUSD board since 2014 and is endorsed by the Democratic Party. Janet Bremseth lists herself as a community volunteer. She is endorsed by the Republican Party. Bremseth has made no other information about herself available.

Recommendation: Michelle O’Connor Ratcliff.

Chula Vista Elementary School District (CVESD)

Public school students 22,188 – Charter school students 6,690 – Percent charter 23.2%

For Seat 1, incumbent Francisco Tamayo faces off against Jesse Vigil. Vigil is the former youth pastor at Eastlake Church and is presently director the San Diego branch of the charity Big Table. He is endorsed by the Republican Party.

Tamayo has been on the CVESD board since 2014. He worked in the SUHSD before transitioning to a position at the county board of education. He is endorsed by the Democratic Party.

Recommendation: Francisco Tamayo

Incumbent Leslie Bunker faces three challengers for Seat 3. She is both a former student and a 26 year teacher in CVESD. Serving since 2014, Bunker has the endorsement of the Democratic Party.

Delia Dominguez Cervantes lists herself as an education non-profit director. She is endorsed by the Republican Party. The other two candidates are blank slates. Eric Douglas lists himself as a retail manager and Jaqueline Gonzales says she is a parent and student advocate.

Recommendation: Leslie Bunker

Area 5 incumbent Cesar Fernandez also faces three challengers. Fernandez was appointed to the board in 2021. This will be his first election. His career in education includes more than 20-years teaching mathematics in SDUSD and SUHSD. He has a masters in curriculum and instruction and is endorsed by the Democratic Party.

Armando Farias is a former school board member. He currently works as director of human resources in the Coronado school district. He has a campaign web page here. John Borja is a former school teacher who recently ran for the Chula Vista city council. Keren Dominguez says she is an advocate, mother and educator. Other than her endorsement by the Republican Party little else is known about her.

Recommendation: Cesar Fernandez

San Marcos Unified School District (SMUSD)

Public school students 19,622 – Charter school students 113 – Percent charter 0.6%

Area C has 21-year high school councilor, Andres Ramos Martin, against a consultant at the nonprofit College Bound. She has a campaign web page. He has the endorsement of the Democratic Party.

Recommendation: Andres Ramos Martin

In Area E, incumbent board president Stacy Carlson is opposed by Associate Marriage and Family Therapist Sharyl Cavellier. Cavellier’s reference to Project Tomorrow’s 2021 Speakup survey indicates that she has been taken in by the billionaire financed education “reform” movement. Stacy Carlson left the banking and finance industry to start volunteering at SMUSD schools when her daughter was born 10 years ago. She has been on the board since 2014 and is endorsed by the Democratic Party.

Recommendation: Stacy Carlson

Vista Unified School District (VUSD)

Public school students 19,527 – Charter school students 2,565 – Percent charter 11.6%

Debbie Morton is the incumbent trustee for Area 2 which is on the east side of the district. Before being elected to the board in 2018 she taught school for 24 years. Her campaign web page is here.

Carla Rivera-Cruz was just named Director of Alumni and Network engagement by Latinos for Education. This is an organization financed by the Walton Family Foundation, the Chan-Zuckerberg Initiative and the NewSchools Venture Fund none of which are friends of public education.

Rena Marrocco is endorsed by the Democratic Party. She seems to be engaged in at least one local civic organization but not much is known about her background for the position.

Recommendation: Debbie Morton

In Area 3 on the west side of the district, incumbent Martha Alvarado is matched up against Jen Telles. Alvarado who is a military veteran and a bilingual educator was first elected to the board in 2018. She has the endorsement of the Democratic Party. Telles is endorsed by the Republican Party. This former accountant states on her campaign web page, “When my own children came along, I homeschooled for a period of time.”  

Recommendation: Martha Alvarado

Grossmont Union High School District (GUHSD)

Public school students 17,108 – Charter school students 4,966 – Percent charter 22.6%

Gary Woods, the incumbent in Area 3, taught online graduate courses at Liberty University and serves as executive director of the Equip Biblical Institute. He has been on the school board since 2008. Woods has the Republican Party’s endorsement.

Wood’s opponents Gabriel Lawson and Jo Hart Lloyd are both Community College educators. Lawson teaches psychology at Grossmont College and Lloyd is a councilor at San Diego City College. She is endorsed by the Democratic Party.

Recommendation: Jo Hart Lloyd

Jeanie Tyler is challenging Robert Shield the incumbent in Area 4. In a 2010 article about Shields campaign for re-election, East County Magazine reported, “Board trustee Shield, a middle school teacher, is endorsed by the San Diego Republican Party, California Pro-Life-Council, San Diego Union-Tribune ….” He still has the Republican Party endorsement.

Tyler is the Dean of Behavioral Science at San Diego City College. She is endorsed by the Democratic Party.

Recommendation: Jeanie Tyler

Area 5 incumbent, Jim Kelly, has been on the Grossmont board since at least 2006. Kelly is known to be a political brawler who has been accused of lying at times but his east county constituents keep putting him back on the board and the Republican Party keeps endorsing him.

Teacher Nancy Jennings has been endorsed by the Democratic Party for this seat. Terry Kohlenberg is also in the running in Area 5. He teaches communications and San Diego City College.

 Recommendation: Terry Kohlenberg

Oceanside Unified School District (OUSD)

Public school students 16,261 – Charter school students 2,410 – Percent charter 12.9%

Area 1 candidate Allison Mineau is endorsed by the Republican Party. Her campaign treasure is Briana Beleskie from Brian Billbray’s organization in Imperial Beach. On her Facebook page, she shares what an honor it was to be a speaker at a North County Patriots event. Her opponent is VUSD councilor Nancy Licona who is endorsed by the Oceanside Teachers Association and the Democratic Party.

Recommendation: Nancy Licona

In Area 3, Incumbent Stacy Begin is running unopposed.

In Area 4, Raquel (Rockie) Alvarez, the incumbent, works at Amador repair services and has been engaged in education studies at Grand Canyon University since 2019. Her opponent Tigran Ghukasyan is a bit of an enigma. The county lists him as on the ballot but none of his filing paperwork appears under a search by name or jurisdiction. He is listed as a being endorsed along with Alvarez by the Democratic Party.

Recommendation: Raquel Alvarez

Escondido Union High School District (EUHSD)

Public school students 7,166 – Charter school students 2,292 – Percent charter 24.2%

Bob Weller is facing Mickey E. Jackson for the vacated seat in Area 1. Retired industrial mechanic Mickey Jackson has the endorsement of the Democratic Party. However the Democrats incorrectly endorsed him for Area 2. Home mortgage strategist Bob Weller has the endorsement of all five sitting board members.

Recommendation: Bob Weller

Area 2 incumbent Bill Durney is running unopposed.

Area 5 has Katheryn McCarthy challenging incumbent Jon Petersen. Registered nurse McCarthy has a doctorate in nursing and teaches at USD. She is endorsed by the Democratic Party. Petersen is proud of his accomplishments in advancing career and technical education while on the board. He is endorsed by the Republican Party.

Recommendation: Jon Petersen

San Dieguito Union High School District (SDUHSD)

Public school students 12,704 – Charter school students 0 – Percent charter 0%

MAGA Mike Allman’s 2020 election to the SDUHSD board brought continuous turmoil and divisiveness. His outrageous agendas like creating a gerrymandered map to eliminate board members he didn’t like were passed because the other conservatives on the board felt obligated to support him. When Mo Muir withdrew her name as an Area 1 candidate on August 12, MAGA Mike desperately sprung into action recruiting like minded David Carattini to run for the open seat. The former Cost-Co manager who has no experience or training in education signed up for the position on August 17th the last possible day. He immediately got endorsed by the Republican Party.  

The other candidate for Area 1 is Rimga Viskanta. She is a former board member of the elementary school district in Encinitas and is endorsed by the Democratic Party.

Recommendation: Rimga Viskanta

In Area 3, this is the second go around for Jane Lea Smith the candidate supported by the Democratic Party. In 2020, Mike Allman defeated her by 326 votes for a seat on the board. Smith has a masters degree in special education and 16 years of experience as a teacher and school administrator. Property manager Sheila King has the support of the Republican Party. Daniel Hale lists himself as a software engineer. Neither is known to have an experience in education.

Recommendation: Jane Lea Smith

In Area 5 at the south end of the district, incumbent Julie Bronstein has 2 challengers, Georgia Ringler and Phan Anderson. Bronstein won the seat in a 2021 special election following Kristin Gibson’s resignation from the board. Her campaign page notes that professionally she is Managing Executive Director of Development in Health Sciences at UC San Diego. She is supported by the Democratic Party.

Georgia Ringler who list herself as parent seems to be the same person who sued her former employer, Scripp Research, for ignoring her religious objection to mandated COVID-19 vaccinations. Phan Anderson says she is a software engineer and parent. Anderson’s economic interest statement (form 700) indicates she is quite wealthy. Anderson has the endorsement of the Republican Party.

Recommendation: Julie Bronstein

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Not a Day behind Bars for A3 Charter Grifters

12 Jul

By Thomas Ultican 7/12/2022

The A3 Charter School Conspirators fraudulently collected $400 million from the state of California, misappropriated more than $200 million and according to the Voice of San Diego’s Will Huntsberry outright stole $80 million. The two ring leaders were fined $18.75 million each, given four year jail sentences and credited with four years for time served while under house arrest awaiting court dates. Of the 11 people charged in the A3 charter school scam, the largest in California history, not one of them will spend a day behind bars.

In 2019, the San Diego County Grand Jury heard testimony from 72 witnesses and voted out a 67-count indictment against Sean McManus, Jason Schrock, Justin Schmitt, Eli Johnson, Steven Zant and six others. Their criminal scheme involved a network of 19 online charter schools enrolling thousands of students. For the plotters, their summer athletic programs which had no teachers or classes were particularly successful for purloining ill gotten gains.

Schrock and McManus established the Academic Arts and Action charter Academies in 2015; soon dubbed A3 charters. An early step in establishing the A3 empire came when Steven Zant, a former superintendent of the tiny Dehesa Elementary School District in San Diego County, brokered the sale of the online nonprofit charter school Mosaic Online Academy of Southern California to A3 for $1.5 million. The A3 non-profit tax filing for 2016 indicates that McManus received salary and benefits totaling $487,781 and Schrock collected $368,015. It shows A3 revenues of $14,205,716 and a profit of $10,587,203. The new non-profit business was lucrative from the start.

Before hooking up with McManus, Jason Schrock’s linked in page states he was principal at Valley Christian School in Cerritos, CA for seven years starting in 1999. He then became “Regional Advancement Director” for Iowa based Northwestern College affiliated with the Christian Reformed Church in America. In 2014, he became co-owner of Creative Arts Early Leaning Academy in Orlando, Florida and apparently is still associated with them. Also in 2014 he became CEO of Learning Re: Defined which catered to a Christian clientele. They appear to be defunct.

Sean McManus had been chasing charter school gold several years before partnering with Schrock. From 2009-2015, he was CEO of the Academy of Arts and Science Charter Schools (AAS). Network for Public Education Executive Director Carol Burris reports that it was here he developed his model for using cash-strapped small districts to authorize his online schools. The seed money for AAS was provided by the U.S. Department of Education’s Charter School Program (CSP). Eleven Academy of Arts and Sciences charter schools that used the for-profit K-12 curriculum received a total of $2,825,000 from the CSP state grant to California. Today, all 11 schools are closed.

McManus learned a lesson while running AAS. Some of the schools were hybrid models that had in class training which meant physical addresses. Los Angeles Unified School District sued AAS for opening classrooms in their territory without authorization. The A3 charters would be 100% cyber schools with no physical classes.

How the Scam Worked

Under California Education Law, small school districts had an incentive to authorize charter schools. They get 3% of the revenue. Schrock and McManus approached small districts throughout the state to establish cyber charters.

The chart above shows authorizing districts for each of the 19 A3 charter schools. To read the chart, follow the example of Dehesa Elementary District on right side second chartering district down. Dehesa served 138 elementary school students and was supervising 11,568 charter school students in four A3 schools. The largest district authorizing an A3 school was Acton-Aqua Dulce with 1085 students and supervising 14,734 charter school students. It is unlikely that any of these small districts had the bandwidth to monitor the schools they had authorized.

A Los Angeles Times article from 2019 listed some of the charges in the indictment. The following is a summary.

Sean McManus and Jason Schrock hid the fact that they essentially owned and operated the charter schools at the same time that A3 contracted with those schools. This allowed them to operate multiple businesses that charged their own charter schools millions of dollars for services and then channel the money from those businesses into their own charitable trusts and personal bank accounts. They used this scheme to invoice at least $83.3 million from the charter schools.

More than $8.18 million went into personal bank accounts, some in Australia, and into charitable trust accounts for McManus, Schrock and their wives, and $500,000 went to a family member of McManus. They used $1.6 million of A3 Education’s funds to buy a private residence for McManus in San Juan Capistrano.

The Los Angeles area was serviced by the A3 School Valiant Academy of Southern California. Its performance in both English and math testing was extremely low. The school’s performance was so poor that the California Charter Schools Assn., which advocates for charter schools, recommended closing it.

Those original reports underestimated the scope of the fraud. In July 2022, the San Diego Union reported that A3’s fraudulent activities totaled approximately $400 million of which only $240 million has been recovered.

No Time Behind Bars.

A news report from Santa Clarita noted,

“If convicted, McManus and Schrock each face up to 40 years in state prison. Sentences for the other nine defendants if convicted could range from 4-11 years.”

The report also said that Sean McManus had fled to Australia and that there was a $5 million bench warrant issued for his arrest. McManus is still in Australia and has only participated in court proceedings from his local lawyer’s office.  

The court case was handled by the highly respected San Diego Superior Court Judge Frederick Link. He was originally appointed to the Municipal Court in 1981 by Jerry Brown and was elected to the Superior Court in 1990. At his recent retirement party, fellow Superior Court Judge Michael Smyth praised him saying, “Forty-one years and he’s been crushing it as a judge, as they say, and he hasn’t lost a step.”  That makes the outcome in this case even more puzzling.

Some of the reasons for no jail time must have resulted from prosecutors making deals and the judge signing off on them. It seems that all of the minor figures have had their felony charges reduced to misdemeanors and were sentenced to fines and probation.

Accountant Robert Williams provided financial services and let his offices be used as A3’s business address. He pleaded guilty to one felony count of altering or falsifying corporate records with the intent to defraud. From 2019 leading up to his 2021 sentencing, he remained free on his own recognizance. Williams received a $300,000 fine and three years of unsupervised probation.

Last September, Judge Link sentenced McManus and Schrock to four years in prison for their guilty pleas to two felony counts, one count of conspiracy to misappropriate public funds and one count of conflict of interest. However, the Judge indicated the law required that he take time spent under house arrest into consideration. Therefore the four year prison terms were fulfilled. There must have been some kind of an agreement struck with the prosecutor to get this outcome.

Schrock has been serving his house arrest in Orange County and McManus in Australia. McManus attended the sentencing hearing over Microsoft Teams from his lawyers office. Judge Link said at the trial,

“Mr. McManus and Mr. Schrock were thieves. And I don’t like to dance with thieves. I think they should be punished. That being said, Mr. McManus and Mr. Schrock came forward and basically divulged everything they could come up with. Without the cooperation of Mr. Schrock and Mr. McManus, we would not be here today with the amount of money that the receiver has been able to recoup. Except for that, I would definitely be putting both of these fellas in prison for a significant period of time.” 

The judge’s sentiments sound heartfelt but do not tally. McManus and Schrock misappropriated $400,000,000 of which only $240,000,000 has been recovered and they stole $80,000,000. The large fines come well short of equaling the amounts stolen. Their four year prison sentences were satisfied by two years of house arrest and McManus has never returned to face his charges in person.

I cannot help wondering how that Australian house arrest was monitored.

Broken Legal System Must Be Reformed

This result was not a legal deterrent. Conspirators were able to fraudulently acquire so much wealth they could buy their way out of jail. Rich people hate fines but fear jail time. It is nice that some of the A3 theft was recovered but society would be much better served if moneyed racketeers faced certain jail time.

The A3 saga painfully highlights how unjust and manipulated in the favor of means our legal system has become. American style blind justice must be reinvigorated. Well-heeled scofflaws need to face jail time and large fines. The A3 outcome is an absurd miscarriage of justice painting the prosecutor and Judge in a bad hue.

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Infrastructure for Ending the Public School System

29 Sep

By Thomas Ultican 9/24/2021

Educating children is expensive. Wealthy people like Charles Koch do not mind paying to educate their own children but they detest the idea of being taxed to pay for educating other people’s children. In the dystopian market driven system libertarians such as Koch espouse, people should only receive what they pay for. They believe almost all government programs should be ended including Medicare, Medicaid, Social Security, the FAA, the EPA, the Department of Energy, the FDA, The Consumer Product Safety Commission and more. Libertarians contend that mail, schools and roads should be privatized plus personal and corporate taxes should be abolished (Kochland Pages 113 and 114).

Toward achieving their ends, Koch, Gates, the Walton family and scores of wealthy elites have been building an infrastructure to take over and privatize the public school system. By twisting the laws concerning tax free philanthropic organizations, wealthy moguls are funneling huge sums of money into creating privatized schools; thus eliminating local control by elected school boards. All the while, they illegitimately write off most of their spending to promote public school privatization as charitable giving.

In addition to spending to privatize schools, a key strategy employed to advance their market based agenda is the creation of alternate teacher professional development and certification. It is another new privatized system under their control and not influenced by university based programs or education scholars.

The third leg of their attack on public education is political spending to take over elected school boards and influence legislatures.

The New Schools Venture Fund (NSVF) and Teach for America (TFA) support all three of the ending public schools privatization pillars.

The article “Organized to Disrupt” gives many details about the founding, purpose and lavish financing for NSVF. A former CEO of NSVF, Ted Mitchell, was also simultaneously President of the California State Board of Education. He left NSVF to become Under Secretary of the United States Department of Education. NSVF is generating more than $100,000,000 yearly income which it uses to invest in edtech start ups, charter schools and political organizing.

The TFA story is well known. The post “TFA is Bad for America” gives some details about how through huge financing, TFA is providing its billionaire funders with a privatization army of youthful college graduates looking for a career. These temp teachers – 80% of whom are gone in three years – have no business in a classroom. Real teachers go through a rigorous college teaching curriculum and a year of student-teaching under the supervision of a master teacher. TFA teachers get no teaching curriculum and five weeks of teacher training in the summer.

These unqualified TFA teachers have become the backbone of the teaching core for no-excuses charter schools. They embrace market based reform as a mechanism for reforming schools (Scripting Page 173) and within two to three years after they leave the classroom, their TFA connections put them in good position to became district, state or federal education leaders. TFA also offers political help for corps members to run for school board positions through its associated Leadership for Education Equity (LEE) non-profit. The LEE board of trustees consists of Emma Bloomberg (Michael Bloomberg’s daughter); Steuart Walton (billionaire); Arthur Rock (billionaire) and Elisa Villanueva Beard (TFA-CEO).

Training Educators

Teacher fellowships are used to influence teacher training and develop neoliberal attitudes. The late Eli Broad created the Broad Fellowships which trained school leaders how to close schools, in the benefit of enabling privatized schools and about the superiority of a market based approach. Before he died, Broad transferred the program and monetary support for it to Yale University.

In Oakland, California, the billionaire funded school privatization group GO Public Schools offers teacher fellowships of $3500 for their two year program. In Indianapolis, the $15 billion Lilly Endowment runs a 100 teacher yearly $12,000 fellowship program.

Two early problems slowing school privatization efforts were that teachers were both opposed to it and were respected by their communities. The fellowships described above are just three examples out of the many funded by extremely wealthy people to shape young teacher attitudes. It is not an accident that few of these fellowship programs are run by education professionals or scholars.

In 1997, the founder of TFA, Wendy Kopp, started The New Teachers Project (TNTP) to provide professional development services. She chose Michelle Rhee to be its founding director. This organization designed to train teachers was founded by a person that has never taught and was led by an untrained teacher that had two years experience as a TFA temp teacher. Even though a reasonable school administrator would never contract with an obviously incompetent group such as TNTP, it has flourished due to a continuous influx of billionaire dollars and powerful political connections.

Besides helping to shape teacher attitudes, founding director Rhee was one of the loudest voices in America claiming teachers were incompetent and low IQ.

Today, TNTP has a new initiative called PLUS to train principals. PLUS has clients in Camden, Kansas City, New York, Philadelphia and San Francisco. Billionaire spending is the reason school districts turn their back on established administrative programs at local universities for this unqualified group. In Kansas City, three billion-dollar foundations, Kaufman, Hall and Walton, are funding the PLUS program. 

Relay Graduate School of Education is a private stand alone graduate school created and led by people with meager academic credentials. It was founded by officials from the no-excuses charter school industry and lavishly financed by billionaires. This completely bogus graduate school was certified after New York’s billionaire Chancellor of Education, Merryl H. Tisch, tapped David Steiner to be Commissioner of Education. Steiner, who is closely aligned with Jeb Bush’s Chiefs for Change, officially certified Relay. He was also a founding board member and still serves on the Relay board.

Control School Boards

School boards are being controlled in several ways. One obvious way, was covered in the article “School Board Elections 2020: The Good, The Bad and The Ugly.” It tells the story of a small group of super wealthy individuals spending to put their preferred candidates on school boards in Los Angeles, Oakland and Indianapolis. In California, this group also contributed to almost every senate and assembly race.

Billionaire Spending in the 2020 LA School Board Election

More than money is required to politically control local school boards. The Mind Trust in Indianapolis became an example of developing a local political group working on education issues along with spending by local plutocrats. This method has led to the public school system there being the second most privatized system in America; second only to New Orleans.

In 2018, billionaires Jon Arnold and Reed Hastings claimed to be investing $100 million each to establish a new anti-public school non-profit they called The City Fund. Since then several billionaires including Bill Gates and Michael Dell have started contributing to the fund. To advance their privatization agenda, The City Fund is spending significant amounts developing local political organizations. The following are examples.

Saint Louis – The Opportunity Trust: In 2018, a former TFA corps member and TFA employee for 14 years, Eric Scroggins, founded The Opportunity Trust. That same year The City Fund gifted it $5.5 million.

San Antonio – City Education Partners: Listed as being for community engagement efforts including the development and launch of San Antonio School Finder and correlated operations support. $4.98 million

Oakland – Educate78: Cited as a continuation of support previously provided by The Hastings Fund for work to improve public education including the expansion of high quality schools and support for the development of diverse teacher pipelines. $4.25 million

Memphis – Memphis Education Fund: Noted as support for operational budget and community engagement effort. $5 million

Newark – New Jersey Children’s Foundation: Stated as support for the launch of the new organization and ongoing operating budget support. $5.325 million

Baton Rouge – New Schools for Baton Rouge: Cited as support for expansion and launch of high quality nonprofit schools in Baton Rouge. $13,487,500

New Orleans – New Schools for New Orleans: Listed as support for the expansion of high quality schools and training for school leaders. $7,750,000

Oakland – Oakland Reach: Cited as operating budget support for ongoing parent and community engagement. $500,000

Atlanta – RedefinEd: Noted as operations support and support for work to empower communities, build teacher and leadership development pipelines, and expand high quality schools. $2,750,000

Denver – RootED (formerly Blue Schools): Listed as operating budget support and support for expansion of high quality schools. $21,000,000

Oakland and Stockton – Silicon Schools Fund: Cited as support for expansion of innovative public school models. $1,566,666

Indianapolis – The Mind Trust: Noted as operating support and support for expansion of high quality schools. $18,000,000

Privatizing Schools

Several billionaires have been spending large amounts of money for three decades to advance the growth of charter schools in America. Today, fortunately, they are seeing some resistance to the non-stop expansion. As Network for Public Education Director Carol Burris noted,

“Everything changed when DeVos was in charge. Progressives and moderates started to see that charter schools were really a ‘gateway drug’ for the libertarian right, a means to further the destruction of public education.”

However, with the Supreme Court destroying the separation between church and state, private schools have been growing rapidly in states with voucher programs. Almost all of these private schools are religious schools.

The economist Milton Friedman is one of the godfathers of the current movement to end public education. Duke University’s noted historian and the author of Democracy in Chains, Nancy MacLean, shared the following quotes from Friedman. They leave no doubt about the true purpose of the choice movement in the mind of one of its creators. The first comes from 2004 and the second is from a 2006 speech at a meeting of the American Legislative Exchange Council (ALEC).

 “In my ideal world, government would not be responsible for providing education any more than it is for providing food and clothing.”

“The ideal way would be to abolish the public school system and eliminate all the taxes that pay for it.”

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No Excuses Schools: Bad Theory Created by Amateurs

4 Sep

By Thomas Ultican 9/4/2021

Vanderbilt Professor Joanne Golann recently published Scripting the Moves. It is a book which expands on her research into no-excuses charter schools. Beginning in March of 2012, Golann spent 18-months doing an ethnographic study of a representative school employing the no-excuses approach. She discovered many unintended consequences.

In 2019, the leader of the Ascend Charters, Steven Wilson, wrote,

“And even when No Excuses was best realized at Ascend, its ceaseless structure was doing little to prepare our students to function autonomously in college and beyond.”

“Princeton sociologist Joanne Golann, in a groundbreaking ethnography of one high-achieving No Excuses school, identifies the “paradox” of the school’s success: ‘Even in a school promoting social mobility, teachers still reinforce class-based skills and behaviors. Because of these schools’ emphasis on order as a prerequisite to raising test scores,’ she argues, teachers end up stressing behaviors that would undermine middle-class students’ success.”

“Golann ends by asking: ‘Can urban schools encourage assertiveness, initiative, and ease while also ensuring order and achievement? Is there an alternative to a no-excuses disciplinary model that still raises students’ tests scores?”’

It is not just Ascend. In an August 2021 post at Princeton Press, Professor Golann reported,

“In March, Noble, the largest charter network in Chicago, apologized to its alumni for its ‘assimilationist, patriarchal, white supremacist and anti-black’ discipline practices. Last June, Achievement First promised not to ‘be hyper-focused on students’ body positioning,’ and ended its requirement for students to sit with their hands folded at their desks. KIPP, the nation’s largest charter school network, retired its founding motto, ‘Work hard. Be nice,’ explaining that it ‘ignores the significant effort required to dismantle systemic racism, places value on being compliant and submissive, supports the illusion of meritocracy, and does not align with our vision of students being free to create the future they want.’ (KIPP began plans to change the motto in 2019.)*

“The Wall Street Journal described KIPP’s statement as ‘woke nonsense.’”

Bad Practices at No-Excuses Charters Came from Amateur Founders and Funders

Perhaps the best known no-excuses charter schools are the KIPP schools. Two Yale graduates David Levin and Michael Feinberg founded KIPP in 1994. They were both members of Wendy Kopp’s third cadre of Teach for America (TFA) teachers who had five weeks of training; no education classes and no teaching experience. After the founding, Feinberg stayed in Texas to run KIPP Houston. Levin moved back to New York and founded KIPP Academy in the South Bronx.

To put it succinctly, two guys with recently minted bachelor degrees and a 5-week summer seminar founded the first no-excuses charter school.

 Professor Golann explained how they gravitated to the model,

“After a difficult first year struggling with classroom management, Levin and Feinberg were beginning to improve. They attributed their success to intensively studying and imitating the methods of effective teachers in their schools. Their most influential mentor was Harriett Ball, a charismatic and celebrated forty-six-year-old African American teacher who stood over six feet tall and who worked down the hallway from Levin. From Ball, Levin learned that what worked, in addition to songs and chants, was ‘instant and overwhelming response to any violation of the rules.’” (Scripted page 120)

The story of KIPP’s growth is intertwined with another no-excuses school founder, Stacy Boyd. She was working for Chris Whistle’s Edison Project when a Boston dentist selected her to be the founding principal of the Academy of the Pacific Rim (APR). Boyd hired her friend Doug Lemov to teach at the school that she ran while also finishing her MBA. When Boyd married Scott Hamilton and moved to San Francisco, Lemov took over at APR.

Scott and Stacy met while working at the Edison Project. They were moving to San Francisco because Hamilton was now working for two of the richest people in the country, GAP founders, Don and Doris Fisher.

It was 1999 and “sixty minutes” did a puff piece on KIPP. All of the sudden the possibility of going national arose. Feinberg’s first call was to his friend Stacy Boyd who knew something about developing large organizations. Stacy’s husband Scott sold the Fishers on creating business fellowships for KIPP school founders who would take the brand nationwide.  

The San Francisco billionaires who are obviously astute business people started pouring money into an education system being developed by people with limited knowledge and experience. They would have never turned over leadership at the GAP to people with little background and limited experience. Somehow, many of America’s financial elites believe that they understand education well enough to know how to improve it, and don’t recognize that they are amateurs.

Besides no-excuses charter schools, billionaire education amateurs have spent lavishly to finance TFA. At the beginning of the millennium TFA was struggling, but then the money started flowing. In her book Chronicle of Echoes, Mercedes Schneider recounted, 

“Despite the financial and organizational issues and bad press, Kopp managed to scrape by and carry TFA with her into the new millennium. TFA faced insolvency a number of times – until corporations and foundations began funneling money into the struggling organization. In 2001, TFA’s net assets totaled over $35 million. By 2005, TFA’s net assets totaled over $105 million. Finally, by 2010, TFA’s net assets had increased almost tenfold from 2001 to $350 million. And in 2011, the Walton Family Foundation gave TFA $49.5 million ‘to help double the size of Teach for America’s national teaching corps over the next three years.” (Chronicle page 47)

TFA teachers are unqualified to lead a classroom. However, Professor Golann notes, “It is not that Dream Academy did not have the option of hiring more seasoned teachers; they deliberately chose not to do so, which may be surprising given that teachers significantly improve in effectiveness during their first years of teaching.” (Scripted page 139) Teachers with experience and training were not as likely to embrace their no-excuses scheme. (Dream Academy is the pseudonym Golann chose for the school in which she was embedded.)

Stacy Boyd’s friend, Doug Lemov, started gathering no-excuses techniques and wrote them into a book called Teach Like a Champion. Today, this compendium of methods serves as a handbook for no-excuses schools. One of the main objectives of the handbook is efficiency. It brings the early 1900s Taylorism into the classroom.

In the post “Teach Like its 1885.” published on Jenifer Berkshire’s blog, Layla Treuhaft-Ali wrote, “Placed in their proper racial context, the Teach Like A Champion techniques can read like a modern-day version of the *Hampton Idea,* where children of color are taught not to challenge authority under the supervision of a wealthy, white elite.” In addition to its racist implementation, the no-excuses model certainly elicits images of 19th century school discipline.

No-excuses Model a Disaster in Public Schools

The Tennessee’s Achievement School District (ASD) was launched in 2011 by the Commissioner of Education, Kevin Huffman, a TFA alum and for a short time Michelle Rhee’s husband. He brought in fellow TFA alum Chris Barbic – the founder of the no-excuses charter school YES Prep – to run ASD. Golann observed,

“Unlike typical no-excuses charters, in which families must apply and agree to certain commitments, these charters had to accept all students from the zoned neighborhood, which resulted in low levels of commitment from families to the school’s disciplinary practices, along with a student population that the school was unprepared to serve (e.g., students with special needs, students with high levels of residential mobility).  (Scripted page 173)

By 2016, the lofty goal of raising the bottom scoring 5% of the state’s schools into the top 25% was a complete flop. Even with concentrated test prep, most of the schools were still in the bottom 5%.

Some Conclusions

Two important points:

  1. On page 64 of her book, Golann references University of California San Diego Professor Hugh ‘Bud’ Mehan. From the two graduate school classes I had with Bud, I learned something about what good ethnographic studies looked like and it is clear that Golann’s scholarship is excellent. The book is well written and takes the reader inside the study. Anyone interested in education policy would profit from reading it.
  2. Without the unbelievably large amounts of money being spent by billionaire amateurs to drive education policy, there would be no TFA or no-excuses charter schools.

I will end with one last quote from Professor Joanne Golann’s Scripting the Moves:

‘“Ultimately no-excuses charters schools are a failed solution to a much larger social problem,’ education scholar Maury Nation has argued. ‘How does a society address systemic marginalization and related economic inequalities? How do schools mitigate the effects of a system of White supremacy within which schools themselves are embedded?’ Without attending to these problems, we will not solve the problems of educational inequality. ‘As with so many school reforms,’ Nation argues, ‘no-excuses discipline is an attempt to address the complexities of these problems, with a cheap, simplistic, mass-producible, ‘market-based’ solution.’” (Scripting page 174)

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The Delta Variant Meets Open Schools Now

13 Aug

By Thomas Ultican 8/13/2021

It is not possible for schools in most states to open safely. Well respected Dr Jorge A Caballero wrote in the Guardian, “school reopening plans that hinge on universal mask mandates and frequent testing are doomed to fail.” At this perilous time, there is also a political movement demanding that schools be fully opened. Because the delta variant is so much more transmissible, only mandated vaccination and masking will make it possible for schools to safely operate.

This weekend the President of the American Federation of Teachers (AFT), Randi Weingarten, accepted reality and in a Meet the Press interview called for mandatory vaccination of teachers. The leadership at the National Education Association (NEA) also reversed their opposition on Thursday (8/12/2021) and joined with AFT’s call for vaccine mandates.

The Governor of California, Gavin Newsom, mandated (8/11/2021) that all public school employees in California be vaccinated. Schools have until October 15 to come into compliance. However, this is not enough. Students also must be vaccinated as soon as they are of eligible and until this pandemic is conquered, masking is required of everyone.

As Dr Caballero further explained,

“It is biologically impossible to test our children to safety. A new study showed that persons infected with the Delta variant had produced around 1,000 times more copies of the virus by the time they tested positive, as compared to persons infected with the original (novel coronavirus-2019) strain. The study traced 167 infections to a single index case. A separate study traced a total of 47 cases (including 21 secondary cases) to a single person. Simply put: the Delta variant makes each of its hosts into a walking super-spreader event before the person even realizes they’ve been infected.”

“On a population-adjusted basis, the weekly average of US children admitted to hospitals with Covid-19 is rising faster than any other age group.”

 Open Schools Now

It seems the campaign to ignore safety issues associated with the novel corona virus originated in May 2020. The former president and his secretary of education began calling for schools to be open for full time face to face instruction.

A recent analysis of a San Diego County school board election revealed that the leaders of two county open schools groups were very active Republican operatives. However, OpenSchoolsCA which bills itself as an umbrella organization for the California open school movements seems less connected to the Republican Party but very connected to the public school privatization agenda.

Founder of OpenSchoolsCA Megan Bacigalupi earned a JD from the University Of California Hastings School Of Law in 2007.  She soon after went to work for Michael Bloomberg’s New York City administration where she served in various positions including a year in the Department of Education. The Bloomberg administration ended in 2014 and so did her work for the city.

A New York Times article announced Megan’s 2010 marriage to John Bacigalupi who worked in the financial industry selling real estate investment trusts. In 2016, John accepted a position as Senior Vice President at Cantor Capital in the bay area and the two west coast transplants came home.

In the graphic above, the LittleSis map shows that The Oakland Public Education Fund is little more than a pass-through channel financing organizations dedicated to privatizing public schools. Megan serves on the Advisory Board for the fund.

Evidently, OpenSchoolsCA is receiving big funding from unknown sources. They were first organized in December 2020 when they hired well-known public relations expert Pat Reilly. Her PR resume’ goes back to the National Governors Association in 1989 and includes being San Francisco Mayor Willie Brown’s press secretary in 1995. This March, Megan Bacigalupi resigned from her position as a program manager at the Canadian technology non-profit C100 to be the full time Executive Director of OpenSchoolsCA.

The OpenSchoolsCA about page list of advisors includes David Castillo who at one time was the California Charter Schools Association’s Alameda County director and has spent more than 20-years working to advance charter schools.

The former Oakland Unified School District Trustee, Jumoke Hinton-Hodge, is also listed as an advisor. The billionaire founded and funded organization dedicated to privatizing Oakland Schools, GO Public Schools, spent more than $167,000 over 2012 and 2016 for her elections. She also received max contributions from Michael Bloomberg, Laurene Jobs Powell, Stacy Schusterman, Greg Penner and Arthur Rock among other extremely wealthy enemies of public education.

Megan Bacigalupi insisted to LA Times reporter, Howard Blume, that privatization was not what it is about, but OpenSchoolsCA recent Oakland rally made it look otherwise. Ken Epstein reported,

“Witnessing the Lake Merritt rally and the mayor’s participation in it were Davey D Cook, hip-hop activist and KPFA radio host; and local artist, activist and educator Kev Choice.

“Kev Choice, speaking on the radio show, said, “I was taken aback by the demographics of the rally” and particularly upset by two prominent placards he saw at the rally: ‘End Oakland Teacher Supremacy’ and ‘Teacher Union Delay Kills Kids.’

“Joining the mayor in calling for the district to reopen were former school board member Jumoke Hinton-Hodge and current school board member Cliff Thompson.”

In November, Cliff Thompson won Oakland’s District-7 seat with 30.4% of the vote (4,735 total votes). He was supported by CCSA PAC, GO PAC, Power2Families and Committee for California. There were four seats up in that election. He was the only billionaire supported candidate elected when the teachers union and a local community group split on whom to support.

OpenSchoolsCA is Not Right for this Crisis

A new Business insider piece says, “Average daily hospitalizations of children with COVID have reached an all-time high of 239.”

The Atlanta Journal-Constitution reported on August 9, “Ten metro Atlanta school districts reported 1,015 cases of the coronavirus in the first days of the new year.”

Lamar County Mississippi put two of its high schools back in virtual mode. On August 9, Superintendent Steven Hampton revealed, “Last week we had 114 positive students with 26 positive faculty members, our employees. We had to quarantine 608 students due to close contact, also 41 employees quarantined. We had 16 outbreaks across our district.”

The Washington Post’s Valerie Strauss described how 200 doctors in Kansas had to fight a superintendent to get a mask mandate imposed. She also explained how state law is stopping Kansas from re-employing virtual learning.

This is a nationwide crisis that is just starting. We need to take off our rose colored glasses and deal with reality. Making students and teachers safety a priority should not be controversial. Today’s circumstances make forcing large numbers of students into small rooms dangerous.

Until we can vaccinate all students and school staff, prudence says conduct on-line school. Even with the delta variant younger children appear not to be quite as susceptible, it might be safe to bring them into schools if everyone is masked and ventilation is up to par. Until we get all students over 12 and all staff vaccinated, we must use common sense which means stop face to face school.

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Neoliberal Forces Dominate Public Education in Sacramento

29 Jun

By Thomas Ultican 6/29/2021

Two pieces of legislation are racing through California’s state legislature both advancing the school privatization agenda. A third piece designed to protect taxpayers from the ravenous charter industry has been squashed. Public schools and sound pedagogy are being harmed by a radical market based ideology. Democrats continue their complicity in this conservative agenda.

Governor Newsom’s Charter School Give Away

A few weeks ago, Oakland school board Trustee Mike Hutchinson raised alarm bells about Governor Newsom’s education budget trailer bill. Hutchinson wrote on Facebook, “Buried on page 95 is a clause that would extend the length of every charter school’s charter, so that every charter school in California will get two extra years before they would be required to go through a renewal process.” California’s Department of Finance definition states, “The Trailer Bill Language is the implementing language of the California State Budget Bill.” It is where California governors execute their agenda.

Oakland School Board Trustee Mike Hutchinson

For his first chief of staff, Gavin Newsom selected Ann O’Leary. That was a very clear signal that he would not be a reliable friend for public schools. O’Leary was on Hillary Clinton’s senate staff in 2001 where she was deeply involved in writing the No Child Left Behind education bill. She was latter a senior policy advisor on Clinton’s 2016 presidential campaign and is a well known neoliberal who has been a long time cheerleader for the charter industry. Although O’Leary resigned as Chief of Staff this past December, her neoliberal ideology seems to permeate Newsom’s education policy.

From Page 7 of 22 – 2021-22 Governor’s Budget / May Revision Trailer Bills

The picture above was clipped from page 7 of the list of trailer bills promulgated by the governor’s office. The “K-12 Omnibus Trailer Bill (MR)” with tracking number RN 21 12772 states on page 95,

“Section 47607.4 is added to the Education Code, to read: 47607.4. Notwithstanding the renewal process and criteria established in Sections 47605.9, 47607, and 47607.2 or any other law, effective July 1, 2021, all charter schools whose term expires on or between January 1, 2022, and June 30, 2025, inclusive, shall have their term extended by two years.”  (Emphasis added)

Monetizing Dyslexia

Early this year, California Democratic State Senator Anthony Portantino proposed SB237 mandating dyslexia testing and intervention. It appears to be speeding through the state legislature with little opposition. On June 1st it passed on the senate floor with 39 yeses, zero no’s and one did not vote. The legislation awaits a final vote on the assembly floor.

The bill stipulates a specific set of dyslexia testing for all students kindergarten through third grade and requires the “State Board of Education to establish an approved list of culturally, linguistically, and developmentally appropriate screening instruments” to meet the mandate. The legislation also calls on local school districts to use “structured literacy instruction.”

Jan Malvin is a retired University of California researcher with a PhD in Educational Psychology from Northwestern University. She states,

“Formal diagnostic assessment is the only way to identify dyslexia or decoding challenges. The drive for universal screening and other dyslexia-specific policy is ‘a privatization agenda in which public schools become mandated consumers for a growing dyslexia industry, and in which the nature of instruction for students with reading difficulties is narrowly prescribed.”’

While the idea of dyslexia is not a new concept, many current papers make the point that “across more than a century, researchers have failed to consistently identify characteristics or patterns that distinguish dyslexia from other decoding challenges.” In a December 2020 report for the Literacy Research Association, Peter Johnston and Donna Scanlon of the University at Albany stated, “Current efforts at dyslexia screening are misleading about 50 percent of the time.”

While many children do have trouble learning to read and there is reason to believe dyslexia is real, a simple industry provided screening test for K-3 students is likely to misidentify significant numbers of students; labeling some as dyslexic who are not and missing an equal number who are.

Many researchers like Rachael E. Gabriel of the University of Connecticut point out that while the called for “structured literacy” approach has not been disproven even the US Department of Education’s What Works Clearinghouse states it is “not supported by evidence.”

The list of supporters for SB237 is long and the only California organization that was formally opposed to SB237 in time to be listed in the state’s bill analysis is Californians Together. They were a group formed in 1988 to fight against that year’s proposition 227 which prohibited bilingual education. Tax records show that they are a modest in size non-profit headquartered in Long Beach, California.

Other organizations that have since announced their opposition to SB237 include the California Association for Bilingual Education (CABE), California School Boards Association (CSBA), Association of California School Administrators (ACSA), and California Teachers Association (CTA).

No Charter School Reform or Taxpayer Protection

When San Diego District Attorney Summer Stephan brought down the $50 million A-3 charter scam, she noted, “People v. McManus revealed many weaknesses in the State’s education system in the areas of fraud enforcement, student data tracking, auditing, school finance, and oversight of charter schools.”

To address these weaknesses Assembly Members Daniel O’Donnell, Cristina Garcia, and Kevin McCarty introduced AB1316. The California Charter Schools Association (CCSA) expressed strong opposition to the bill.  As education writer Carl Peterson observed, “Unfortunately, AB1316 was placed in the inactive file by a political system unwilling to risk the wrath of the California Charter School Association.”

This year is turning into a very bad year for public education in California. Neoliberal Democrats and the CCSA are having their way.

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