tultican

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

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

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

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

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

Ring’s stated evidence for his claims includes,

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

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

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

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

Callahan ended his article with this timely observation:

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

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

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

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

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

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

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

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

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

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

Judge Treu’s verdict was reversed.

Famed statistician and education researcher Gene V. Glass tweeted:

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

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

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

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

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

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

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

Dashboard Data and Subgroup Data from California Department of Education

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

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

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

Federal Tax Law is Being Broken to Sell a Political Agenda

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

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

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

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

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

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

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

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

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

A Conclusion

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

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

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

Tags: education, Education Reform, philanthropy, Politics, Public Schools, SPN, State Policy Network, teachers unions, tenure, testing, Vallas, Vergara