Betsy DeVos Wants Fewer Rights for Rape Survivors & More for Alleged Attackers

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As a public school teacher, you see a lot of ugly things.

You see children with bruises under their sleeves. Kids who cringe when your voice gets too loud. Young people traumatized by sexual violence.

Even in middle school.

So when Betsy DeVos decided to take up for alleged rapists while making it harder for survivors of sexual assault to come forward, I took it kind of personally.

Last week, the Secretary of Education for the United States of America blithely announced her plan to no longer require colleges and universities that receive federal funds from prosecuting on-campus sexual assault with the same severity.

Yes. Seriously.

“The prior administration weaponized the Office for Civil Rights to work against schools and against students,” she said at George Mason University in Arlington, Virginia.

“The notion that a school must diminish due process rights to better serve ‘victims’ only creates more victims… If everything is harassment, then nothing is.”

In other words, the billionaire heiress in charge of protecting students’ civil rights thinks there is a power imbalance between rapist and victim. And she’s right. Except that she thinks the alleged rapist is on the losing end of that imbalance.

This may be the most preposterous thing she has ever said. And she’s infamous for saying preposterous things.

In matters of sexual assault, all the power lies with the accuser!?

Has Ms.DeVos ever met a survivor of sexual assault?

I have. I’m sorry to say that I’ve met some while working in our public schools.

To put it bluntly – they were my students.

Little children afraid to go home. Kids with backpacks and cartoon animals on their shirts. Barely teens who kept to themselves, arms locked across their chests. Youngsters who just wanted to stay in class as long as I was staying, who would draw and hum and soak up the least bit of human kindness.

Some of them eventually would confide in me, their teacher. Not that I asked. I would have preferred letting the guidance counselor handle it. I really wasn’t trained for it. But there’s only one thing to do when someone wants to tell you their story – you listen.

And that’s exactly what DeVos is telling us NOT to do.

Don’t listen to accusations of sexual assault unless there is a preponderance of evidence. Start from a position of skepticism and unbelief even so far as making accusers confront their attackers.

After all, it’s the only way to protect from false allegations. As if that were at all common.

Only someone devoid of empathy or intelligence could say such a thing with a straight face – much less present it as a statement of public policy.

Yet DeVos isn’t the only high ranking member of the Education Department voicing it.

Two months ago, Candace Jackson, the official responsible for enforcing campus sexual assault laws for DeVos’ department, told reporters that “90 percent” of sexual assault accusations “fall into the category of ‘we were both drunk,’ ‘we broke up, and six months later I found myself under a Title IX investigation because she just decided that our last sleeping together was not quite right.’”

Jackson, who heads the Department’s Office of Civil Rights, apologized for the statement after public backlash.

But now it’s federal policy!

Like much else from the Trump administration, it flies in the face of the facts.

False accusations do happen, but they are much less frequent than sexual violence. Only between two and ten percent of rape allegations are untrue, according to the National Sexual Violence Resource Center.

Moreover, the same report found that 63 percent of sexual assaults are never even reported to police. Survivors of this heinous crime rarely come forward because of shame, fear and embarrassment.

That’s something I saw first-hand from my students.

They weren’t bragging about an experience they’d lived through. They wanted more than anything to forget it, to ignore what had happened, to get on with their lives. But they just couldn’t. They felt so betrayed, so vulnerable, so guilty, so frightened.

 
DeVos’ new policy will do nothing to change that. If anything, it will only embolden would-be attackers to attempt more assault – a crime that already affects nearly a quarter of college women.

According to a National Institute of Justice report, 20 percent of young women will become the victim of a “completed or attempted sexual assault” while in college. And more than 6 percent of men will also be assaulted.

We shouldn’t be making it harder for people who have been brutalized to seek justice. The accused should have due process, but that’s what an investigation is. In the rare instance of false allegations, those unduly impugned should be exonerated.

Despite what she says, DeVos’ recent actions have nothing to do with that. Before passing down her decision, she met with “Men’s Rights” groups like the National Coalition for Men – organizations that I can honestly say, as a red blooded American male, certainly don’t speak for me.

This is politics, not any concern for justice. It’s no accident that DeVos serves at the pleasure of a President who was caught on a hot microphone bragging about engaging in sexual assault. It’s no accident that his base includes white supremacists. It’s no accident that his party continually stomps on women’s rights.

If we really wanted to help survivors of sexual assault, we’d take steps to make sure the crime they lived through never happens again. At very least, we could take steps to make it more rare.

Imagine if instead of abstinence only sexual education classes, our children were taught actual facts about human sexuality. Imagine if every child learned the meaning and necessity of consent. No means no. Period.

That could have a real impact on these crimes. Over time, we could create a culture of respect and understanding. That certainly seems a worthier goal for a Secretary of Education than removing support for victims of sexual assault.

As to the handful of students who turned to me for help, I really can’t tell you what happened to them afterwards. In most cases, I don’t know myself.

In each instance, I turned to the authorities to ensure my students received the help they needed.

I hope they got it.

Unlike Ms. DeVos, I put them first.

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XQ Live – Desperate School Choice Rebrand After Trump Touched It

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What do you do when your corporate brand has become repugnant to consumers?

You REBRAND, of course! And that’s exactly what uber-rich widow, Laurene Powell Jobs, paid a boatload of celebrities to do last night all over your TV.

The program was called XQ Superschools Live, and it took over four major networks.

It’s ironic really. Using an almost 100 year old medium to push “schools of the future.” They tweeted and Facebooked all over it, but the focus was on the old boob tube.

Why? Because the audience they wanted wasn’t so much the young. They wanted the old – those deep pocketed investors who might be startled by all the flash and bombast and ask their grandkids if this was “cool.”

It was the most pathetic display of desperation I have ever seen in my life.

If there is any justice, Tom Hanks, Yo-Yo Ma, Samuel L. Jackson, Jennifer Hudson and Common will have to spend the rest of their lives to regain even a fraction of street cred.

 

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They were nothing but a series of singing and dancing sell outs. This was a modern day minstrel show. A bunch of highly paid shills pretending to represent the common folk.

I’m talking raised fists at the end of dance numbers meant to evoke all the power of authentic activists like Black Lives Matter without really having any grassroots support or message.

To be honest, my overwhelming response was pity.

Did anyone really think this was going to connect with an audience?

And speaking of that audience, if you had no idea who XQ or corporate education reform was, you probably watched the screen in bemused confusion. What the heck was this crap? It was platitudes about improving high schools broken up by song and dance numbers. It made the MTV Video Music Awards seem like a college dissertation.

Yet, to the initiated, you could see the subtle nods to privatization and charter schools, the shade thrown on traditional public schools.

Rethink high school?

Sure! Let’s do that! Let’s rethink inequitably funding it. Let’s rethink high stakes standardized testing. Let’s rethink Common Core, stealing local control, teacher autonomy and a host of the kinds of top down bull crap XQ tried obscure while selling  an issue of Tiger Beat.

So now that it’s over, what have we learned?

1) Corporate education reformers are THAT desperate to distance themselves from Donald Trump.

His wholehearted endorsement of their agenda has done them serious life threatening damage. He has exposed their racist, privileged, corporatist policies for exactly what they are. No amount of celebrities will replace that in the public consciousness.

2) Rich people cannot set education policy.

Steve Jobs widow may be a very nice lady. But she has no freaking clue about public education. Nor is she honest enough to engage actual classroom teachers in the discussion to find out.

Instead of relying on the billionaires of the world, we should tax them. Then we can afford to fully fund our schools and let the people actually in the classroom decide what’s best for the students in their care. Let parents decide. Let school boards decide. Not a privileged tech philanthrocapitalist.

3) Celebrities will do anything for money.

The things these Hollywood elite prostitutes did last night to sell snake oil would make porn stars blush. I will never look at any of these people the same. Some of them I knew were true believers because of other projects. Heck! As much as I love Common’s new album, he does rap about Corey Booker – so warning there. Viola Davis is an amazing actress but she was in the parent trigger propaganda film “Won’t Back Down.”

Being famous doesn’t mean you know a damn thing. We recognize their faces. We associate them with past roles and characters we loved. We think their political stands are authentic when they are often just a pose. We’ve got to stop respecting these people just because they’re celebrities.

What will the long-term effect of last night’s propaganda be?

I don’t know.

I seriously doubt anyone really bought that. But you know what they say – no one ever went broke betting on the stupidity of the public.

And that’s what this was – a high stakes wager on American gullibility.

Why Won’t Republicans Repeal Common Core?

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It was a constant refrain from Donald Trump on the stump.

 

 

He was going to repeal Common Core. How did we know? He kept repeating it over-and-over.

 

 

“We’re cutting Common Core. We’re getting rid of Common Core,” he said during a debate in Detroit.

 

 

“Common Core is a total disaster. We can’t let it continue,” he said in a campaign ad.

 

 

But then, he did a complete 180:

 

 

“We are going to do some things special. Okay. Are you ready? Common Core we’re going to keep.”

 

 

What!?

 

 

It didn’t go down so well with his supporters. He was literally booed. So he took to Twitter with the following:

 

 

“I was referring to the fact that Jeb Bush wants to keep common core.”

 

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Uh, okay?

 

 

So what’s his position now? Someone asked him about it in New Hampshire. His response:

 

 

“I didn’t know Common Core was so complicated. Isn’t this ridiculous?”

 

 

On that we can agree.

 

 

But it really doesn’t matter.

 

 

POWER TO THE STATES

 

 

Whether Trump supports Common Core or not, he’s actually kind of powerless to do anything about it.

 

 

Republicans have been arguing for years that the federal government can’t tell the states what they should be teaching. That’s the crux of opposition, and the newly reauthorized federal law governing K-12 schools, the Every Student Succeeds Act (ESSA), underlines it.

 

 

The power is unequivocally in the hands of governors and state legislatures.

 

 

The states control which academic standards their public schools are supposed to subscribe to or not. And since the beginning of 2017, the states are overwhelmingly in Republican control.

 

There are 98 partisan state legislative chambers in the United States. Republicans dominate 67 of them. In fact, the GOP controls both legislative chambers in 32 states – the most it has in the party’s history! And in 24 of those states, Republicans also run the show in the Governor’s mansion – the trifecta!

 

In short, despite any limits on Presidential power, the GOP has never been in a better position to get rid of Common Core.

 

If Republicans truly wanted to repeal it, they could do so tomorrow, and there’s zero Democrats could do about it in almost half of the country.

 

Yet, Republicans don’t.

 

They haven’t.

 

And they don’t seem in any rush to put it on their agenda in the future.

 

Which brings me to a serious question any critic of Common Core has to answer: WHY!?

 

Republicans say they hate Common Core.

 

They have the power to get rid of it.

 

Why don’t they do it?

 

 

THE STATE OF COMMON CORE

 

 

Despite any comments to the contrary, any blathering talking head nonsense from media pundits, the facts remain the same.

 

Common Core is still the law of the land in 36 states and the District of Columbia.

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Sure, some legislatures have changed the name and made nominal revisions (Hello, Pennsylvania!) but they’re still essentially the same standards applied in the same way. The Common Core’s own Website doesn’t distinguish between states that have the standards outright and those where they have been slightly revised or renamed.

 

Specifically, nine states have announced plans to rewrite or replace the standards, but in the majority of these cases, they have resulted merely in slight revisions. Only Missouri, Oklahoma, and Tennessee appear to have created significantly different standards, according to Education Week.

 

So what’s the hold up?

 

 

MAIN OBJECTIONS TO THE CORE

 

 

Full disclosure: I am not a Republican. I am the farthest thing you could find to a Republican. But on this one issue we agree.

 

No, I don’t think Common Core will make your child gay or indoctrinate kids into a far left worldview or any of a number of bizarre, crackpot criticisms you might hear from mentally ill pundits being exploited by far right media conglomerates. Nor am I opposed simply to undo any signature legislative achievements of our first black President.

 

But I do think there are several rational reasons to be against Common Core. The standards were written almost exclusively by representatives of the standardized testing industry with input from very few practicing classroom teachers and zero child psychologists. They have never been tested and proven effective. In many cases, they are developmentally inappropriate. They were adopted non-democratically. And – perhaps worst of all – they commit schools to the failed educational management technique of test-and-punish.

 

THAT’S why I’m against Common Core.

 

But it really doesn’t matter.

 

Even if people like Glenn Beck and I disagree on the reasons why, we both agree on the course of action – repeal Common Core.

 

Yet the incumbent batch of GOP lawmakers across the country are letting us both down.

 

If one has to be beaten by Republicans, at least let them accomplish the things that have bipartisan support. That includes repealing Common Core.

 

Though the media likes to characterize this as a conservative issue, it’s not just Republicans who want to get rid of the Core. Regardless of politics, most people dislike the standards. They aren’t popular with adults. They aren’t popular with children. And most tellingly, they aren’t popular with classroom teachers.

 

According to the most recent Education Next poll, less than half of all Americans, 49%, favor the policy. In partisan terms, that’s 37% of Republicans and 57% of Democrats. And that support has been steadily dropping every year – by 20 points for Republicans and seven for Democrats since 2013.

 

And among teachers, the drop is even more dramatic. Only 40% now favor the Core. That’s a drop of 36 points among those who know the standards best!

 

 

POLITICAL PARALLELS

 

 

So let’s get rid of them.

 

For once I’m with Trump.

 

But the legislatures just won’t do it.

 

In some ways, this shares parallels with the healthcare debate.

 

Before going forward, let me just say that I am NOT in favor of repealing Obamacare and going back to the previous system. Nor am I in favor of repealing without a replacement or any of the so-called “skinny” plans put forth by the GOP.

 

I think we need single payer healthcare. Medicare for all.

 

But be that as it may. The debate offers us a similar example from the federal level.

 

Republicans say they hate Obamacare yet despite the fact that Democrats can do nothing to stop them, they refuse to repeal it.

 

In this case, the reason is obvious – they have nothing with which to replace it.

 

After all these years, they can’t come up with a plan that will improve upon the one already in place.

 

But this isn’t the case at the state level when it comes to Common Core.

 

Each and every state had a set of academic standards before Common Core. In most cases, these standards were actually far superior.

 

All the legislatures would have to do is reinstate them.

 

Pennsylvania’s standards were particularly reasonable, flexible yet grade appropriate and comprehensive.

 

We could go back to them tomorrow.

 

But we don’t.

 

Why?

 

It’s that same question again.

 

What is holding us back?

 

 

STANDARDIZED TESTING

 

 

Here’s my theory: it’s the testing.

 

One of the most frustrating things for Common Core critics is when apologists say they hate standardized testing but love Common Core.

 

The two are inextricably interlinked. You can’t have Common Core without the testing. That is the whole point of the standards – to tell districts what to focus on because those things will be on the federally mandated high stakes standardized tests.

 

If states repeal Common Core, what happens to these tests?

 

Before adopting the Core, each state had a test aligned to its own specific standards. Even where some states had the same tests, their standards were significantly similar to allow this. In any case, most states that have adopted the Core have had to buy new, more difficult tests.

 

Sure, we could all go back to the tests we used to give, but this would present certain problems.

 

First, many states were taking tests that were already being aligned with Common Core before they officially adopted it. If they got rid of the standards, they couldn’t go back to the old tests because they’re already Common Core specific.

 

In theory, they could ask to reinstate older versions of the test that aren’t Common Core aligned. However, in practice for some states, this might necessitate the creation of yet another batch of new tests.

 

However, in many states like Pennsylvania, this wouldn’t be an issue. Before the Core, they had their own tests based on state specific standards. There’s really no reason why they couldn’t dust off these old tests and put them back into circulation.

 

The problem is that this would require politicians to justify the millions of dollars (at least $7 billion nationally) they wasted on the new tests, new workbooks, new textbooks, etc.

 

Lawmakers would have to own their mistakes.

 

They’d have to say, “My bad!”

 

And most of them aren’t about to do that.

 

Of course, there is a third option: they could undo the high stakes testing altogether. They could characterize this not as a misstep but a reform.

 

According to the ESSA, all states have to give federally mandated standardized tests from grades 3-8 and once in high school.

 

But what exactly those tests look like is debatable.

 

The federal government is supposed to give them leeway in this matter. What better way for the Trump administration and Betsy DeVos to demonstrate their commitment to local control than by approving accountability plans that don’t include standardized testing?

 

States could substitute student projects, classroom grades, internships, even community service for this mandate.

 

I’m sure if lawmakers were really serious about getting rid of Common Core, they could figure out a way to make this work. It would just require a commitment to patching up the massive hole in our school funding system where the standardized testing industry has been sucking away tax dollars that could be better used elsewhere – like in the actual act of teaching students!

 

 

THE CYNICAL INTERPRETATION

 

 

Which brings me to perhaps the most cynical interpretation of the data.

 

Republicans may be avoiding the Common Core issue because their opposition up to now was simply disingenuous partisan infighting. They could be craven servants to the testing industry. Or – and this is the worst case scenario – they could have another endgame in mind entirely.

 

Whenever the issue is brought up these days – whenever ANY educational issue is brought up – the Trump administration almost always pivots to school choice.

 

For instance, here’s Trump adviser Kellyanne Conway during an interview with Jake Tapper on CNN.

 

Education Secretary Betsy DeVos “will get on with the business of executing on the president’s vision for education,” Conway said. “He’s made very clear all throughout the campaign and as president he wants to repeal Common Core, he doesn’t think that federal standards are better than local and parental control…And that children should not be restricted in terms of education opportunities just by their ZIP code, just by where they live. We’ve got to look at homeschooling, and charter schools, and school choice and other alternatives for certain students.”

 

It’s possible that today’s Republicans at both the state and federal level aren’t concerned with repealing Common Core because it’s irrelevant to their ultimate goal – repealing the very notion of public education.

 

If every school or almost every school was a charter, voucher or homeschool, Common Core would be a moot point.

 

After all, choice schools don’t have to follow most regulations. That could include using the Core.

 

This is especially true at voucher schools and homeschools. They can do pretty much whatever they please in most states. If they don’t want to use Common Core, the states have little power (as yet) to force them to do so. Of course accepting tax-payer funding does open them up to being regulated in the future if the political winds change.

 

On the other hand, charter schools often allegedly do use Common Core, but regulations are so lax with so few measures to hold them accountable for anything in most states that whether they’re actually using the standards and to what extent is anyone’s guess. Unscrupulous charter operators could conceivably forgo the standards regardless of state mandates with little fear of being found out or contradicted.

 

This may be the ultimate selling point for school choice. Almost anything goes. It could certainly allow schools to circumvent Common Core, just as it allows them to circumvent civil rights protections, fiscal responsibility, democratic local control – really any kind of protections to ensure taxpayer money is being spent responsibly and kids are actually being educated.

 

In short, it hammers a nail with a bazooka. Yet conservative lawmakers may only be concerned with who’s selling the bazooka and not who gets hit by the shrapnel.

 

For a long time now, education policy has been about where the money is, and that is unequivocally behind school choice. What these policies lack in public support they make up for in sugar daddies. Billionaires on both sides of the aisle have been pouring cash into these efforts for years.

 

Just imagine! Anyone with the backing can start a school and pocket as much of the tax dollars originally meant to educate kids but now transformed into sweet, sweet profit!

 

In fact, the point behind high stakes testing was primarily to undercut support for public schools. It was to “prove” our schools were failing and needed to be replaced with charter and voucher schools. But once we’ve gotten rid of public schools, the testing won’t be as necessary.

 

It will become just another revenue stream in a multitudinous school system where education only has meaning in how much it can profitize students and enrich investors.

 

That may be the true endgame for policymakers.

 

Common Core is just one of a number of schemes they’re pushing to take advantage of the country’s fastest growing revenue stream: our children.

 

 

CONCLUSIONS

 

 

THIS is why lawmakers – both Republican and Democrat – won’t get rid of Common Core.

 

They are bought and sold employees of Wall Street and Corporate America.

 

Too many people are making a fortune off the backs of our children – charter and voucher school investors, book publishers, software companies, test manufacturers, private prison corporations! They aren’t about to let their profits take a nosedive by allowing their paid agents in the legislature to turn off the gravy train.

 

THAT’S why Republicans haven’t ended Common Core.

 

That’s why they never will.

Pity the Corporate School Reformers

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It’s gotta’ be tough to be a corporate school reformer these days.

 

Betsy DeVos is Education Secretary. Donald Trump is President. Their entire Koch Brothers-funded, ALEC-written agenda is national policy.

 

But their stripes are showing – big time.

 

The NAACP has turned against their school privatization schemes. The Journey for Justice Alliance is having none of it. The Movement for Black Lives is skeptical. Even their trusty neoliberal Democratic allies are seeking to put some distance between them.

 

And it’s making them look… sad.

 

You’d think they’d have much to celebrate. Their policies are right up there with voter disenfranchisement, the Muslim ban and building a wall.

 

Charter schools – YES! Voucher schools – YES! Public schools – NO.

 

High stakes testing is going gangbusters pushed by the federal government with little interference from the states.

 

Common Core is in almost every school while the most state legislatures do about it is consider giving it a name change.

 

And in every district serving students of color and the poor, budgets are being slashed to pieces to make room for another juicy tax cut for the rich.

 

They’ve taken George W. Bush’s education vision – which neoliberal Barack Obama increased – and somehow found a way to double-triple down on it!

 

They should be dancing in the streets. But somehow they just don’t feel like dancing.

 

What’s wrong, Michelle Rhee and Campbell Brown? Is that a tear I see in Peter Cunningham’s eye?

 

Perhaps they’ve seen the error of their ways. Maybe after all this time, they’ve finally realized all children deserve a robust, authentic education, not just the market-driven chance of – maybe – a quality education.

 

But no.

 

It’s not that.

 

It’s the way the Trump administration is going about it.

 

You see, he’s being – gulp – honest.

 

He’s actually saying what he means. He’s throwing back the curtain exposing all the racist, classist, capitalist motivations behind corporate education reform.

 

Even when he lies – which is often – he’s no good at it. His real motives are plain as the weave on his head.

 

Under Obama, they could do almost the same things, but at least Barack would apologize for it. He’d clothe it in the language of civil rights and make it sound all noble. He’d excuse systemic inequality as the deserved results of competition.

 

But Trump!? He’s championing all their favorite causes while tweeting skepticism about the very concept of civil rights, ignoring poverty as fake news and just making an all out ass of himself and everyone with whom he associates.

 

That’s YOU, corporate education reformers.

 

That’s you. And you’re being forced to own it.

 

I almost pity you.

 

What a dark world you must inhabit. To take these sinister schemes that brutalize children and actually believe in them!

 

Take charter schools.

 

Imagine sincerely believing that poor black kids deserve to go to schools that aren’t controlled by school boards but instead by unelected bureaucrats. Imagine thinking the color of your skin should determine whether you have a say in your child’s education. White folks get to elect the people running their schools, but not black folks. And you know what, it’s for their own good, say the reformers!

 

Imagine thinking that the amount of melanin in your skin should determine whether your schools are transparent or not – whether they’re required to have open records, open meetings, even whether they have to follow the same safety protocols and regulations as traditional public schools!

 

WHITE SCHOOLS – not for profit, spend the budget all on the students. BLACK SCHOOLS – CA-CHING! CA-CHING!

 

And when it comes to voucher schools, imagine selling a tax cut to a wealthy family as if it somehow benefited poor folks. Letting the Walton’s pocket a few thousand from their kids exclusive private school tuition doesn’t help Ma and Pa Six Pack. Nor does offering a discount to the kind of parochial schools that brainwash kids into thinking that evolution is evil, climate change is a Chinese conspiracy, and slavery was just God’s will.

 

It’s the difference between trying to sell a glossy fraud like KIPP’s charter school network and an obvious one like the President’s Trump University.

 

But now everyone sees they’re essentially the same.

 

No wonder these faux reformers look so down.

 

Imagine pushing standardized tests as if they were a technological breakthrough. They’ve been around since at least China’s Han Dynasty (206 BC – 220 AD). If that’s cutting edge, I think you’ll like my new APP. It’s called The Wheel!

 

In America, standardized tests have been around since the 1910s where they were a leading feature of the eugenicist movement. They were a tool to “prove” the racial imperfection of black and brown people and the superiority of whites. Imagine demanding something like that as a civil right!

 

I couldn’t do it with a straight face. But they did!

 

And it worked! For a little while.

 

Now their whole pyramid scheme is just too damn clear. Make the kids take unfair, biased tests that will show how few resources poor black kids get and then use that as a justification for giving them fewer resources, closing their schools and privatizing them. No one’s even tried a scam that blatant since Bernie Madoff went to prison!

 

What do they have to gain by all this? Money.

 

Standardized testing is a multi-billion dollar industry. School privatization is a multi-billion dollar industry. If you can find a way to suck up federal, state and local tax dollars meant to educate children and divert that into your private bank account, well you’ve just struck it rich!

 

Racism pays, folks! Prejudice pays! Because the majority doesn’t mind so much when you take advantage of the underprivileged. That’s why they’re underprivileged in the first place!

 

And when people like me speak out against them, the best they can do are Ad hominem attacks – you’re too white to question policy affecting black people, or your friends are black but (somehow) not black enough. Today I actually read a response to an article I wrote that came down to these insightful criticisms – Nu-uh! And How dare you! Which we can add to their response to criticisms that charter schools increase segregation – I know you are but what am I?

 

The folks at the Education Post, a propaganda network passing off most of this nonsense as if it were legitimate news and funded by $12 million from the Broads, the Waltons and other usual suspects, they must really be desperate.

 

They’ve sold their souls to the Devil and may not even get a good return on the investment.

 

You see, they’re betting that by the time the Trump zeppelin explodes, their policies will be irreversible.

 

The problem is that he’s been extremely ineffective. He’s pushing their agenda, but isn’t getting much done.

 

And with multiple new scandals everyday and increasing calls for impeachment, time is running out.

 

It’s enough to stoke pity in the hardest of hearts.

 

Sure these folks have sold out our children for thirty pieces of silver, but they’re still people, after all.

 

They deserve our empathy, kindness, pity.

 

Well almost.

Betsy’s Choice: School Privatization Over Kids’ Civil Rights

Betsy DeVos attends education meeting at the White House in Washington

 

Betsy DeVos seems to be confused about her job.

 

As U.S. Secretary of Education, she is responsible for upholding the civil rights of all U.S. students.

 

She is NOT a paid lobbyist for the school privatization industry.

 

Yet when asked point blank by Sen. Jeff Merkley (D-Ore.) whether her department would ensure that private schools receiving federal school vouchers don’t discriminate against lesbian, gay, bisexual, transgender and queer (LGBTQ) students, she refused to give a straight answer.

 

She said that the these schools would be required to follow all federal antidiscrimination laws but her department would not issue any clarifications or directives about exactly how they should be doing it.

 

“On areas where the law is unsettled, this department is not going to be issuing decrees. That is a matter for Congress and the courts to settle,” DeVos said at a hearing before the Senate Appropriations Subcommittee on Labor, Health and Human Services, and Education yesterday.

 

“I think you just said where it’s unsettled, such discrimination will continue to be allowed under your program. If that’s incorrect, please correct it for the record,” Merkley replied.

 

DeVos did not correct him.

 

Instead she simply repeated, “Schools that receive federal funds will follow federal law, period.”

 

Merkley said she was dodging the question.

“I think that’s very important for the public to know, that today, the secretary of education, before this committee, refused to affirm that she would put forward a program that would ban discrimination based on LGBTQ status of students or would ban discrimination based on religion,” he said.

 

“Discrimination in any form is wrong. I don’t support discrimination in any form,” DeVos replied.

 

But that doesn’t mean she’ll fight against it.

 

She held firm to her position that it is not her job as Secretary of Education to fight for students’ civil rights. That is the responsibility of Congress and the courts.

 

But she’s wrong.

 

The Office for Civil Rights (OCR) is part of the Department of Education.

 

According to the department’s own Website, the “OCR’s mission is to ensure equal access to education and to promote educational excellence through vigorous enforcement of civil rights in our nation’s schools.”

 

There is nothing “unsettled” about that at all. What IS unsettled is how and if the U.S. Constitution allows federal funds to be spent on private schools in any manner whatsoever.

 

At very least, it has been argued that giving tax dollars to parochial schools violates the establishment clause of the First Amendment guaranteeing a separation of church and state. Moreover, the degree to which voucher schools that don’t explicitly teach religion would have to abide by federal laws about what they can and should do is likewise “unsettled.”

 

Yet DeVos has no problem advocating for the school privatization industry. In fact, it has been her lifelong calling. As a billionaire Republican mega-donor, that’s exactly what she’s done for years – shoving bundles of cash at candidates and lawmakers to support school vouchers and charter schools.

 

Someone needs to remind her that that is no longer her role. In her official capacity as Secretary of Education, her job is not to advocate for school choice. But it IS her job to protect students’ civil rights – regardless of the type of school those students attend.

 

If a school is at all public, she is responsible for ensuring those students’ rights. And receiving public funds makes a school public.

 

 

Specifically, she is responsible for ensuring no child is discriminated against on the basis of race, color and national origin, according to Title VI of the Civil Rights Act of 1964.  This includes protecting children who are being treated unfairly due to limited understanding of the English language or who are still learning to speak the language. This includes children experiencing bigotry as a result of their shared ancestry, ethnicity or religion such as Muslims, Sikhs or Jews.

 

 

It is also her job to protect children from sexual discrimination as per Title IX of the Education Amendments of 1972.  No matter her own personal conservative views, she must protect pregnant teens or teen parents. And to speak toward Merkley’s point, according to the Department’s Website, this explicitly includes, “…sex stereotypes (such as treating persons differently because they do not conform to sex-role expectations or because they are attracted to or are in relationships with persons of the same sex); and gender identity or transgender status.”

 

She is also required to be a champion of students with disabilities as per Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990. Moreover, Title II explicitly forbids public entities – whether or not they receive federal funds – from demonstrating any partiality against students with disabilities.

 

And that’s just the tip of the iceberg. She has to protect against age discrimination per the Age Discrimination Act of 1975 and enforce the Boy Scouts of America Equal Access Act. She is responsible for investigating complaints about equal access to youth groups conducting meetings at public schools and/or that receive federal funding.

 

To quote the Website, one more time:

 

“These civil rights laws extend to all state education agencies, elementary and secondary school systems, colleges and universities, vocational schools, proprietary schools, state vocational rehabilitation agencies, libraries and museums that receive federal financial assistance from ED [the Education Department].”

 

I’m not so sure DeVos understand this – at all.

 

Nor do I expect her to get much help from the political ideologues she’s using to staff the department.

 

Take her choice for Assistant Secretary in the Office for Civil Rights, Candice Jackson.

 

She’s an ANTI-Civil Rights activist. She literally doesn’t believe in the office she’s running.

 

The 39-year-old attorney is anti-women’s rights, anti-distributive justice and possibly even anti-compulsory education and anti-Civil Rights Act of 1964!

 

She once filed a complaint against her prestigious college, Stanford University, for discriminating against her rights as a rich, white person by refusing to allow her access to free minority tutoring.

 

For all its faults, the Barack Obama administration took civil rights seriously. So much so that conservatives often criticized the Democratic organization as being overzealous in the execution of its duties.

 

The Obama era Education Department issued so many clarifications of the law that it received a record number of civil rights complaints. This required hundreds of additional lawyers and investigators and increasing the civil rights division by 30 percent.

 

Complaints went from more than six thousand in 2009 to almost ten thousand in 2015. Of these, the largest increase was in complaints of sex discrimination.

 

However, President Donald Trump has recommended the Department be downsized in his budget proposal.

 

The Reality TV star would cut the Department’s budget by 13 percent, or $9 billion, eliminating after-school and summer programming for kids and professional development for teachers.  Instead, he would invest $250 million in a school voucher incentive program and an additional $168 million for charter schools.

 

Also, getting a boost is personal security for DeVos, herself. She is spending an additional $1 million a month for U.S. Marshalls to guard her against protesters.

 

It should come as no surprise that Trump and DeVos don’t support the mission of the Department of Education. Both have expressed interest in disbanding the office altogether.

 

In a February magazine interview, DeVos said, “It would be fine with me to have myself worked out of a job. But I’m not sure that – I’m not sure that there will be a champion movement in Congress to do that.”

 

Likewise, Trump wrote in his 2015 book “Great Again: How to Fix Our Crippled America” that “if we don’t eliminate [the department] completely, we certainly need to cut its power and reach.”

 

That is exactly what DeVos is doing.

 

Under Presidents George W. Bush and Obama, it could be argued the Department was guilty of overreach. But Trump and DeVos are going in the opposite extreme.

 

Someone has to look out for students’ civil rights. That someone has traditionally been the Department of Education. With DeVos abdicating her responsibilities and continuing her role as a school privatization cheerleader, it is anyone’s guess who – if anyone – will step into the void.

Is Love Enough to Fight Today’s White, Male Terrorists?

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When I was growing up, I was told that love is all you need.

But now in the face of such hatred toward people of color, I’m not so sure.

Three brave people put their lives on the line to stop a knife-wielding white supremacist on a bus in Portland, Oregon, yesterday. Two of them – Ricky Best and Taliesin Myrddin Namkai-Meche – lost their lives defending two young women being menaced with anti-Muslim slurs. The other – Micah Fletcher – was viciously wounded but survived.

As Meche was bleeding out on the floor of the bus, a witness recorded his last words: “Tell everyone on this bus that I love them.”

It’s heartbreaking.

What are we to do with such knowledge? Three people filled with love and one maniac filled with hate.

Was love enough?

It saved the would-be targets this time. The attacker is behind bars. But two precious lives have been snuffed out.

Why? So one scared little man can vent his xenophobia and intolerance?

The America I grew up in seemed to have learned the lessons of the Civil Rights movement. I was born after the murders of Dr. King, Malcolm X and the Kennedys. I was born after the church bombings, bus boycotts, freedom rides and marches.

I grew up in a time when we could look back on all that and wonder what we would have done had we been faced with the same challenges. And now

Marx said, “History repeats itself, first as tragedy, second as farce.” What better term to define the age of Trump and the Alt-Right than farce?

Capitalism is dying and the one percent are so ignorant they’re only fueling the fires of their own demise. They ship jobs overseas and then wonder why no one has any money to buy their products. Meanwhile the frightened and forgotten white American men who used to sit atop the social ladder are once again looking for someone to blame. And the same convenient scapegoats present themselves.

I find myself asking what so many generations have asked before: will we survive this time?

It is not just racism and prejudice. It is not just economic uncertainty and systemic inequality. It’s climate change and nuclear proliferation. It’s a world on the brink of collapse and civilization-ending war.

And the only thing we have to fight all these enemies at the gates, the only thing we have is love.

Will it be enough?

Do we have enough love to overcome all the fear and hate?

I don’t know.

I love my daughter. That I can say with absolute certainty.

I look at her innocent enthusiastic face as she draws a crayon portrait of Ruby Bridges, the first black girl to desegregate a historic New Orleans public school in 1960. I smile and try to hope.

I love my wife.

I watch her look of triumph as she beats me again at Jeopardy. She can read the answers faster than I can voice the questions.

I love my students.

I smile as they furiously write their final 8th grade projects connecting The Outsiders, “The Diary of Anne Frank”, and To Kill a Mockingbird in one glorious essay. How much more confident they are now completing a project that would have seemed impossible 8 months before!

But do I love the stranger, too?

Will I look across the aisle at the black and brown boys and girls riding with me on the bus and have the courage to love them as much?

When a man who looks just like me stands and threatens them, will I love them enough to stand in his way? Will I suspend the love of all those I know to protect those I don’t?

Do I have enough love?

I hope so. Because in writing this article one thing has become clear to me about myself that I didn’t realize when I began.

I don’t know if love can save the world. I don’t know if it can heal the environment, stop global war, provide an equitable economy and eradicate racism.

But I still believe in spite of everything that it’s the only way to live.

We may not survive today. But we’ll love each other.

And maybe that matters the most.

Hero of New CW Action Series to be a Charter School Principal

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Charter schools are incredibly contentious.

 

They serve about 7% of American students, but siphon away funding from traditional public schools serving the majority of the population.

 

They are rife with scandals: Many close suddenly without warning. They often hire teachers without certifications from accredited universities. Administrators have been known to buy yachts and expensive gifts with tax dollars meant to educate children. They cherry pick the easiest students to educate and kick out the most difficult.

 

And that just scratches the surface!

 

Why would you want to purposefully set your action adventure series there!?

 

That’s exactly what the CW has done with its new series Black Lightning.

 

The network released an extended description for the show today in an announcement for its fall schedule:

 

 

“Jefferson Pierce (Cress Williams) is a man wrestling with a secret. As the father of two daughters and principal of a charter high school that also serves as a safe haven for young people in a New Orleans neighborhood overrun by gang violence, he is a hero to his community…”

 

To which I can’t help but wonder, “WHY!?

 

Why, CW!? Why put your hero at the head of a charter school?

 

In the original DC comic book on which this television series is based, Pierce is a principal at Garfield High School in the fictional city of Metropolis.

 

When the writers moved the setting to New Orleans and made the hero a charter school principal, they were making purposeful changes to the mythology.

 

Why?

 

What does it add to the series with the inclusion of this extra detail?

 

Yes, Jefferson Pierce is African American. It’s about time we have more black super heroes. Marvel did an amazing job with its Netflix show based on Luke Cage, a character also created by writer Tony Isabella.

 

But charter schools are not uniquely black. The National Association for the Advancement of Colored People (NAACP) issued a moratorium on charter school expansion just last year. The national civil rights organization has been publically critical of charter schools’ impact on children of color since 2010.

 

Specifically, the resolution states:

 

“…the NAACP opposes the privatization of public schools and/or public subsidizing or funding of for-profit or charter schools…”

 

“…the NAACP calls for full funding and support of high quality free public education for all children…”

 

The resolution goes on to oppose tax breaks to support charter schools and calls for new legislation to increase charter school transparency. Moreover, charters should not be allowed to kick students out for disciplinary reasons.

 

Yet THIS is where the CW decides to set its Sci Fi/Fantasy series!?

 

 

Perhaps the writers wanted to place the action in historic New Orleans, a city that has had almost nothing but charter schools since Hurricane Katrina.

 

But this is far from a success story.

 

After one of the worst natural disasters to hit the US in decades, the state fired almost all of its public school teachers, disbanded almost all local public school districts and reopened them as charter schools. New Orleans is now the only nearly all charter school city in the country.

 

Though supporters claim that this has resulted in increased test scores and graduation rates, the city’s schools cannot honestly be described as having turned around.

 

The district is still the fourth lowest performing educational institution in the country. Moreover, when compared with traditional public school districts in the state and controlling for factors like race, ethnicity, and poverty, New Orleans charter school students do much worse academically. For instance, on eighth-grade reading and math tests, charter-school students performed worse than their public-school counterparts by enormous margins—2 to 3 standard deviations.

 

These are the largest gaps between public and charter schools in the nation!

 

And that’s not all! Before becoming an all-charter district, the city had a substantial amount of teachers of color. Now they’re mostly gone.

 

This is where your escapist superhero fantasy is taking place?

 

New Orleans charter schools are notorious for strict discipline policies where students describe feeling like they’re in prison.

 

You want your hero to be a principal HERE!?

 

Teachers and parents describe feeling demoralized and ignored. They filed a federal civil rights complaint in 2014 and still pine for the community schools they experienced when they were children.

 

And this is where you’re shooting your action adventure series?

 

I can’t help but wonder why the CW would greenlight such an irresponsible drama.

 

Perhaps Black Lightning will fight to turn his nefarious charter school back into a traditional public institution with an elected school board, public meetings and sensible regulations.

 

Other than that, I cannot imagine why any sane television network would actively decide to champion school privatization.

 

In the original comic book, Pierce eventually was made Secretary of Education by President Lex Luthor. Perhaps the CW is drawing a parallel between their hero and our current Education Secretary Betsy DeVos.

 

President Donald Trump certainly brings to mind the super-villain Luthor – except that Luthor is known for being an evil genius and Trump is only known for one of those things…

 

But why would you want to associate your superhero with the most unpopular Education Secretary in history. DeVos only got her position after a split Senate confirmation and a tie-breaking vote by Vice President Mike Pence. She has been publicly booed at a graduation ceremony at an all black college where she spoke. Parents and protesters have physically stopped her from entering several schools.

 

You want us to associate your hero with THAT!?

 

Full disclosure, I love CW’s superhero line-up. The Flash is delightful Sci-Fi fun. Arrow is escapist vigilante justice. Supergirl is girl power drama. Legends of Tomorrow is time travel fun.

 

But what the heck will Black Lightning be!?

 

Moreover, I loved Netflix’s Luke Cage. I think it was one of the best Marvel superhero series – something that transcended the genre and seemed to be addressing authentic social issues like the Black Lives Matter movement, police brutality, etc.

 

I can’t imagine how Black Lightning would do any of that.

 

Having a political subtext can elevate a TV show and put it in the center of the cultural zeitgeist. But it has to be done with sensitivity and intelligence.

 

Having CW’s hero be a charter school principal is a ham-handed nod to school privatizers and equity managers. Audiences want someone who fights for the underdog – not investment bankers.

 

I just don’t get it, CW.