What’s Happening with Adoption of Final Rules to Improve Regulation of the Federal Charter Schools Program?

Many of us submitted formal testimony to the U.S. Department of Education in late March, when the Department requested comments on proposed new rules to improve oversight of grants made by the federal Charter Schools Program. I have been, and I assume you may have been, wondering about what will be the final rules the Department adopts and the timeline for adoption of the final rules.

This blog will take a week’s summer vacation. Look for a new post on Tuesday, June 28th.

Libby Stanford recently addressed these questions for Education Week by speaking with Jessica Cardichon, a deputy assistant secretary for policy development.  Also, Chalkbeat‘s Matt Barnum interviewed Roberto Rodriguez, Assistant Education Secretary.

The Timeline for Adoption of Final Rules

We shouldn’t hold our collective breaths. Cardichon and Rodriguez report that the department received over 25,000 comments, which staff are considering.  Barnum quotes Rodriguez: “We are certainly continuing to wade through the many comments that came in… We know we need to finalize something, if it’s going to be applicable for this year’s funding, this summer. That is certainly a goal that we would like to meet… We’re assessing that in real time now, honestly, to determine what’s possible this summer.”

What Are Likely to Be the Department’s Priorities?

First:     Perhaps surprisingly, because it was not explicitly named in the new rules, one priority seems to be reducing the high closure rate for charter schools that have recently received a Charter Schools Program grant. Clearly Department staff are responding to the 2019 report from the Network for Public Education, Asleep at the Wheel, which exposed the outrageous closure rate of charter schools that had received Charter Schools Program funds. Perhaps we should recognize that this concern might have been part of the reason why the Department of Education proposed the rule demanding that each charter school startup application would include a community impact statement.

Education Week‘s Stanford details the problem from Cardichon’s point of view: “Charter school closure rates are a top administration concern.  From 2006 through 2017, the Office of Elementary and Secondary Education provided grants to 3,128 schools through the program. But 15 percent of the charter schools that receive funding through the federal program either never open or close before the three-year grant is complete, said Jessica Cardichon.”

Matt Barnum quotes Assistant Secretary Roberto Rodriguez: “(W)e did want to get involved in some of those quality issues. This is in part trying to be responsive to the fact that we know 15% of grantees, as we looked back across the program, either never opened or were closed by the end of the grant period. That’s 930 schools that received over $174 million in federal funding. It’s important to make sure that the stewardship of the program—particularly with respect to accountability and fiscal responsibility—is there.”

Second:     A Departmental priority seems to be ceasing to make grants to small nonprofit charter schools that are fully managed under what are called “sweeps contracts” by for-profit Charter Management Organizations.  Roberto Rodriguez tells Chalkbeat: “There is (an)… objective around addressing for-profit entities that operate charter schools—not entities that might partner with charter schools for services, but entities that might be for-profit operators. Which is something the administration would like to address in this rule—to make sure we are not, from a federal level, supporting dollars that are going to for-profit entities operating charters.”

Education Week‘s Stanford explains: “Schools that plan to contract with for-profit organizations have to describe all of the details of that contract, including the amount of federal funds that would be used to pay for services under the contract, information on the governing board members of the organization, and any conflicts of interest.”

Third:     It would appear that Department staff are listening a bit more to pushback coming from Nina Rees, the president and C.E.O. of the  National Alliance for Public Charter Schools against the Department’s proposed rule to demand a community impact statement in a charter school startup’s grant request. Education Week‘s Stanford explains: “Charter advocates are concerned that the proposed rules will discourage incoming charter schools from pursuing grants, preventing schools that don’t already have substantial outside funding from coming to fruition. Fifty percent of all charter schools rely on the program for their initial funding, Rees said. ‘If the funds are this complicated to access it will dampen the sector’s interest in opening more schools.'”

But Stanford quotes Jessica Cardichon pushing back: “The Education Department has since clarified that overenrollment is one of a number of factors that could demonstrate need. Applicants can include other factors that show a need for the school, such as evidence of demand for specialized instructional approaches. ‘Traditional public schools do the same thing before they build a new school, getting a sense of will they have sufficient students to maintain a certain level of enrollment… The idea that we’re doing something different, we think is a misconception.”

Rodriguez tells Matt Barnum: “The goal here was to try to do more to solicit a needs analysis, just as we do with many other programs across the department that address K-12 education…. One of the currents that we’ve seen in this comment is the worry about burden—the amount of time and effort that it would take to meet some of those requirements.  That’s something we’re looking at and paying close attention to and will really be considering carefully before we finalize any rule… The objective is to have some reflection of community input.”

Summary:     It looks as though it is a possibility that rules will be finalized by summer’s end and that the Department will hold firm on banning grants that would flow to Charter Management Organizations. There may be some easing of specific demands for a startup’s impact analysis and demonstrated collaboration with traditional neighborhood schools. Finally it appears that the Department wants to stop the flow of federal dollars to schools that are so poorly conceptualized that they will never open or will close soon after opening.

Just this week, the executive director of the Network for Public Education, Carol Burris published evidence of the need for stricter oversight of funds when charter school startups are delayed or schools fail to open: “Charter Schools Program grants to the states have a timeline of five years.”  In New York, eight charter schools in New York have filed a lawsuit claiming, “that in 2019, the U.S. Department of Education unfairly pulled promised funds from the schools when it called back unspent funding from a 2011 Charter Schools Program grant.”

Burris responds: “Despite the claim, the 2019 clawback of funds was not only justified but also long overdue… In 2011, the New York State Education Department (NYSED) was given more than $13 million from the federal Charter Schools Program (CSP)  to disperse as subgrants to charter schools as start-up or expansion funds. At the same time, New York’s big charter chains like Success Academy, Kipp, and Democracy Prep were also getting federal dollars from the Charter Schools Program Charter Management Organization grants. There was so much CSP funding with limited demand that NYSED could not give it all away… (B)y 2016, NYSED should not have continued to make sub-grants. But apparently, it did not stop awarding grants and return the excess funds. It continued to give the federal dollars out.”

This sort of situation is precisely the reason for Assistant Education Secretary Roberto Rodriguez’s statement to Chalkbeat‘s Matt Barnum: “It’s important to make sure that the stewardship of the program—particularly with respect to accountability and fiscal responsibility—is there.”

Burris’s New York story is the very reason why the new rules proposed by the U.S. Department to tighten up its own program are so urgently needed.

Bloomberg Belittles Public Schools as a Strategy for Expanding School Privatization

On June 3, in an opinion column which appeared in the Washington Post and newspapers across the country, Michael Bloomberg extols privately operated charter schools and scathingly criticizes public education. Bloomberg cherry picks the research he cites and blames “failing” public schools for a massive enrollment collapse during the pandemic when, of course, we don’t yet know how the disruption of COVID-19 will ultimately affect either public school or charter school enrollment.  It would appear that the story of massive charter school growth is coming from the charter school sector’s primary lobby, the National Alliance for Public Charter schools, an organization with an obvious bias.

Bloomberg’s preference for charter schools is not new. In her 2010 book, The Death and Life of the Great American School System, Diane Ravitch described what happened in New York City when Bloomberg, as mayor, appointed Joel Klein, an attorney who had served as the chief prosecutor in a government antitrust case against Microsoft, as New York City’s schools chancellor: “Previous leaders of the school system had opposed charter schools, believing that they would drain away students and money from the regular public schools. The city had only a few of them when Klein took office. He energetically authorized new charter schools, and within a few years the DOE reached the state-legislated cap of fifty charter schools. In 2007, Mayor Bloomberg persuaded the legislature and newly elected Governor Eliot Spitzer to permit New York City to open an additional fifty charter schools. During his reelection campaign in 2009, he promised to open another one hundred new charter schools, so that by 2013, 100,000 students would be in charters.” (The Death and Life of the Great American School System, p. 80)

Mike Bloomberg’s support for charter schools has never flagged.  Just two months ago, on April 25, 2022, Bloomberg Philanthropies announced $200 million in grants to charter schools in New York City: “Bloomberg Philanthropies today announced $100 million in support to Harlem Children’s Zone Promise Academy and $100 million in support to Success Academy, two leading public charter schools in New York City.”

In his recent column, Bloomberg endorses the idea that states and the federal government should expand privately operated charter schools with greater public investment: “Charter schools educate 7% of all public school students, yet they receive less than 1% of total federal spending on K-12 education. As more parents opt out of traditional district schools, that imbalance should be corrected, as charters struggle to afford the teachers they need to serve their growing student populations often in low-income neighborhoods.” Bloomberg neglects the evidence in research like the 2018, Breaking Point study by Gordon Lafer, which showed that the Oakland Unified School District in California loses $57.3 million each year in unrecoverable operating expenses to charter schools located within the district’s boundaries.

Mike Bloomberg further argues that research shows that students in charter schools do much better academically than their public school counterparts.  Not only is there a mass of research showing that charter schools serve fewer disabled students and English language learners, but overall research on student achievement in charter schools shows there is a vast diversity of outcomes across the schools in the charter sector. The Network for Public Education has published a short brief showing that, on the whole, charter schools do no better at serving their students than traditional public schools.

Bloomberg’s support for school privatization has been echoed loudly across the states in recent months. Genevieve Siegel-Hawley, PhD, teaches in the College of Education at Virginia Commonwealth University. In an important recent column for the Richmond Times-Dispatch, Siegel-Hawley condemns a new report on the condition of Virginia’s public education, a report demanded by Glenn Youngkin, that state’s new governor in his very first executive order: “The Youngkin administration’s 90-day Virginia Department of Education report, required as part of the governor’s first executive order banning ‘divisive concepts’ in schools, outlines recent testing trends for our students and a blueprint for moving forward. In substance and purpose, the 90-day report harkens back to a damaging 1983 Reagan administration document. A Nation at Risk sounded alarm over the state of the country’s public school system. Presenting test scores without important context like the rapid expansion of educational access for historically un- or underserved groups, the report warned of a ‘rising tide of mediocrity’ in our schools… We… could more closely examine the context for and claims made by A Nation at Risk and Gov. Glenn Youngkin’s 90-day report.  Each was written at the request of leaders committed to privatizing public schools, and each distorted real test trends with inappropriate data comparisons and ahistorical conclusions. What if the goal was not how to best assess public school performance but how to best erode confience in public schools?”

This year during Youngkin’s campaign for governor of Virginia and more broadly in school districts across the country, we have watched a wave of parents mobbing school board meetings with demands that they be allowed to control what their children learn about American history and a list of divisive subjects.  Posted on the website of the Schott Foundation for Public Education is a short video, What’s Behind the Critical Race Theory Panic?, explicitly examining who is behind this year’s parent uprisings. The film exposes the involvement of far right organizations like the Goldwater and Manhattan Institutes in resourcing these supposedly spontaneous uprisings with the specific purpose of winning support for a wave of laws in state legislatures to expand school privatization in the form of more tuition vouchers for private schools along with more public investment in privately operated charter schools.

In his new book, The Privatization of Everything, Donald Cohen explores the meaning of “the public” and why citizens ought to be prepared to defend against attacks on the public from Mike Bloomberg and all the far-right groups mounting culture war attacks to undermine public education:

“In a democracy, we get to decide that there should be no exclusions—no winners or losers—when it comes to education (or clean water, or a fair trial, or a vaccine) even if it’s possible to do so. We decide there are things we should do together. We give special treatment to these goods because we realize that they benefit everyone in the course of benefiting each one—and conversely, that excluding some hurts us all. That starts with asserting public control over our fundamental public goods. We lift these goods out of the market or restrict what the market can do, taking concrete steps to make sure that no one is excluded and that there is enough to go around (and we should note, that doesn’t mean that there can’t be private schools or bottled water or privately produced COVID testing kits).  Public control is exercised in different ways, the public tool kit includes establishing public-goods standards for public money spent on procurement, providing public services, and creating regulations and safeguards for public goods created privately. What’s important is that public goods exist only insofar as we, the voters and the people, create them. That’s how democracy should and often does work. But it really works only if we can hold on to an idea of the common good. Is it good for individuals and the whole?” (The Privatization of Everything, pp. 7-8)

How Clinton Democrats Joined Philanthrocapitalists to Create Corporate School Reform

I remember my gratitude when, back in 2010, I sat down to read Diane Ravitch’s The Death and Life of the Great American School System, which connected the dots across what I had been watching for nearly a decade: the standards movement, annual standardized testing, the operation of No Child Left Behind’s test-and-punish, Mayor Bloomberg’s promotion of charter schools in New York City, and the role of venture philanthropy in all this.

Now over a decade later, many of us have spent the past couple of months worried about pushback from the charter school sector as the the U.S. Department of Education has proposed strengthening sensible regulation of the federal Charter Schools Program. We have been reminded that this program was launched in 1994, and we may have been puzzled that a federal program paying for the startup of privately operated charter schools originated during a Democratic administration.

Lily Geismer, a historian at Claremont McKenna College, has just published a wonderful book which explains how the New Democrats—Bill Clinton, Al Gore, and the Democratic Leadership Council—brought a political and economic philosophy that sought to end welfare with a 1996 bill called the “Personal Responsibility and Work Opportunity Reconciliation Act” and envisioned privately operated charter schools to expand competition and innovation in the public schools as a way to close school achievement gaps. Geismer’s book is Left Behind: The Democrats’ Failed Attempt to Solve Inequality. The book is a great read, and it fills in the public policy landscape of the 1990s, a decade we may never have fully understood.

In the introduction, Geismer explains where she is headed: “Since the New Deal, liberals had advocated for doing well and doing good. However, the form of political economy enacted during the new Deal and, later, the New Frontier and Great Society understood these as distinct goals. The architects of mid-twentieth century liberalism believed that stimulating capital markets was the best path to creating economic growth and security (doing well). The job of the federal government, as they saw it, was to fill in the holes left by capitalism with compensatory programs to help the poor, like cash assistance and Head Start, and to enact laws that ended racial and gender discrimination (doing good). In contrast, the New Democrats sought to merge those functions and thus do well by doing good. This vision contended that the forces of banking, entrepreneurialism, trade, and technology… could substitute for traditional forms of welfare and aid and better address structural problems of racial and economic segregation. In this vision, government did not recede but served as a bridge connecting the public and private sectors.” (p. 8)

Geismer devotes an entire chapter, “Public Schools Are Our Most Important Business,” to the Clinton administration’s new education policy.  She begins by telling us about Vice President Al Gore’s meetings with “leading executives and entrepreneurs from Silicon Valley. The so-called Gore-Tech sessions often took place over pizza and beer, and Gore hoped for them to be a chance for the administration to learn from innovators of the New Economy…. One of these meetings focused on the problems of public education and the growing achievement gap between affluent white suburbanites and students of color in the inner city…. The challenge gave venture capitalist John Doerr, who had become Gore’s closest tech advisor, an idea…  The tools of venture capital, Doerr thought, might offer a way to build new and better schools based on Silicon Valley’s principles of accountability, choice, and competition… Doerr decided to pool money from several other Silicon valley icons to start the NewSchools Venture Fund. NewSchools sat at the forefront of the concepts of venture philanthropy. Often known by the neologism philanthrocapitalism, venture or strategic philanthropy focused on taking tools from the private sector, especially entrepreneurialism, venture capitalism, and management consulting—the key ingredients in the 1990s tech boom—and applying them to philanthropic work… Doerr and the NewSchools Fund became especially focused on charter schools, which the Clinton administration and the Democratic Leadership Council were similarly encouraging in the 1990s.” (pp. 233-234)

Quoting John Doerr, who founded the NewSchool Venture Fund in 1997, Geismer gives us a taste of the kind of rhetoric we heard so often from the corporate school reformers: “‘The New Economy isn’t just about high-tech products,’ Doerr liked to say. ‘It’s about the politics of education, constant innovation and unlimited growth’ and a nonhierarchical meritocracy where ‘the best ideas win.'” (p. 238)

We learn about Al From, who founded and led the Democratic Leadership Council (DLC), and From’s commitment to charter schools: “Privately, From stressed to the president that charter schools, along with welfare reform, were the most important ways to show his willingness to challenge ‘the old liberal Democratic Party orthodoxy’ and special interest groups like organized labor. Charters could appeal to the white moderate suburbanites whom the DLC believed to be critical to Clinton’s (1996) reelection effort.”  And Clinton bought the new strategy: “The 1996 State of the Union was most notable for Clinton’s declaration that the ‘era of big government is over.’ Elaborating on that theme, he also dared ‘every state to give all parents the right to choose which public school their children will attend; and to let teachers form new schools with a charter they can keep only if they do a good job.'” (p. 244)

When, in 1997, Clinton held an event to celebrate charter schools at the San Carlos Charter Learning Center in California, the school’s founder, Don Shalvey, met another entrepreneur, a guy who had already sold a software company for $750 million, Reed Hastings, who later founded Netflix.  The two raised millions of dollars to sponsor a ballot issue that would raise the state’s cap on the number of charter schools. Eventually, without ever mounting the ballot referendum, they reached a compromise with California’s legislature to pass a bill to “increase the number of charters in the state from 250 immediately and add an additional 100 each year after that.” (p. 251)

Beyond Shalvey and Hastings’ efforts in California there were various strategies to grow the scale of the charter movement. In 1994, Clinton’s Department of Education launched the Charter Schools Program, “which provided new seed capital for opening charter schools.” (p. 243)  And there was the ongoing work of the NewSchools Venture Fund: “The NewSchools board and staff especially concentrated on ways to accelerate the scale and impact of the charter school model… NewSchools developed a model of creating a charter network called a charter management organization (CMO), which would be nonprofit but draw on market-based ideas and practices. NewSchools worked closely on this idea with Hastings and Don Shalvey… Shalvey did most of the legwork in developing University Public Schools (it would later change to Aspire), which he envisioned as a ‘scalable model’ that would bring ‘the customer focus and sense of responsibility of a top-notch service organization or consulting firm to public education.’ The name derived from its goal that all the low-income students who enrolled would go on to college or at least ‘aspire’ to do so… NewSchools provided the initial funding but tied the money to student performance and achievement.” (p. 256)

As the movement grew, so did problems for the public school districts where the charter chains located: “For most of the 1990s, charters represented a small portion of the total schools in most urban districts. The growth of CMOs and the new philanthropic investment changed that in the next decade as NewSchools helped to launch or expand twenty CMOs… For the first time, public schools in struggling urban neighborhoods found charter schools making a significant dent in their enrollments and funding. With the perpetual scarcity of funding and resources allocated for public education, it would have particularly deleterious consequences for many urban schools.” (p. 259)

Geismer summarizes the impact of the educational experiment Clinton launched: “Whether successful or not, charters remain effective symbols of the control that wealthy private forces have come to wield over public policy and the ways that the ethos of the New Democrats had a direct impact on the public sector. The Gates Foundation and the tech entrepreneurs of the NewSchools Venture Fund did not just get a seat at the decision-making table but wielded the financial power to control educational policy at the local, state, and federal level.” (p. 260)

More broadly Geismer examines the tragic limitations of Clinton’s experiment in using “the resources and techniques of the market to make government more efficient and better able to serve the people. Clinton and his allies routinely referred to microenterprise, community development banking, Empowerment Zones, mixed-income housing, and charter schools as revolutionary ideas that had the power to create large-scale change. These programs, nevertheless, uniformly provided small or micro solutions to large structural or macro problems. The New Democrats time and again overpromised just how much good these programs could do. Suggesting market-based programs were a ‘win-win’ obscured the fact that market capitalism generally reproduces and enhances inequality. Ultimately, the relentless selling of such market-based programs prevented Democrats from developing policies that addressed the structural forces that produced segregation and inequality and fulfilled the government’s obligations to provide for its people, especially its most vulnerable.” (pp. 9-10)

I definitely encourage you to read Lily Geismer’s Left Behind: The Democrats’ Failed Attempt to Solve Inequality.

In Ohio, Federal Court Preserves Gerrymandering; Legislature Arms Teachers; House Bans Transgender Girls from Sports; Legislature Expands Privatization of Public Education

In its legislative update last Friday, Honesty for Ohio Education reported: “It was an appalling and heartbreaking week in the Statehouse as Ohio legislators passed two bills to arm school personnel and ban transgender girls in female sports, and held hearings for bills censoring education about race, sexuality, and gender and banning gender-affirming healthcare for minors.”

The Plain Dealer‘s Laura Hancock explains how, without a hearing, the House banned transgender girls from female sports when legislators added the amendment to another bill: “The Ohio House passed a bill shortly before midnight Wednesday, the first day of Pride Month, with an amendment to ban transgender girls and women from playing high school and college women’s sports… As originally introduced, HB 151 would change the Ohio Resident Educator Program, which assists new teachers with mentoring and professional development as they begin their careers… But on the Ohio House floor late Wednesday night, Rep. Jena Powell, a Darke County Republican, offered an amendment to the bill, which a majority of the house accepted…. House Bill 151 passed 56 to 28 with Democrats voting in opposition. It now heads to the Ohio Senate, which is in summer recess and won’t return until the fall.”

A big part of our problem in Ohio is a long run of gerrymandering—leaving both chambers of our state legislature with huge Republican supermajorities.  A committee of legislators from House and Senate were charged to create fair and balanced legislative district maps. The Ohio Redistricting Commission spent the winter and spring redrawing the maps, which were rejected five times by the Ohio Supreme Court because a Court majority found the new maps gerrymandered to favor the election of Republicans. At the end of May, however, a federal district court ruled that the state must end the battle over gerrymandering by using maps—for this year’s August primary and the November general election—which were rejected twice in the spring by the state’s supreme court because they favor Republican candidates.

Citizens in a democracy are not supposed to be utterly powerless, but that is how it feels right now in Ohio.

In the Ohio legislature, the bill that shut transgender girls out of school sports is not the only piece of legislation into which our legislators added provisions that will hurt public schools.  Last week, the Ohio House concurred with a Senate version of House Bill 583, a bill filled with lots of miscellaneous education provisions. But in its version, passed in late May, the Senate had also embedded several amendments to expand vouchers and charter schools and thereby reduce state funds for public schools.

If you look at the Ohio Legislative Service Commission’s bill analysis of HB 583, you will see that the House Bill’s original focus was to address the shortage of substitute teachers, which has been acute during and following school disruption of COVID-19. Later in the extensive list of subjects are the establishment of a tutoring and remedial education program, adjustments to dyslexia screening, licensure procedures for licensed practical nurses, and alternative resident educator licensure.

But the bottom half of the first page, all of the second page, and half of the third page of the summary are about state scholarship and educational savings programs and community schools. The language the legislature is using here is idiosyncratic to Ohio and not at all transparent to anyone outside our state.

  • Scholarship and educational savings programs are—in Ohio speak—the allocation of tax dollars for private school tuition vouchers and the allocation of tax dollars for education savings account vouchers to pay for (in this bill) after school programs.
  • Community Schools—in Ohio speak—are privately operated charter schools paid for with state tax dollars.

If Governor Mike DeWine signs Ohio House Bill 583, one important change will be to expand eligibility for Ohio’s EdChoice Expansion vouchers, which are income-based. Currently to qualify for a first-time EdChoice Expansion private school tuition voucher, a student must live in a household with income at or below 250% of the federal poverty level (FPL). The Legislative Service Commission explains what will happen under the new law: “Under current law, the amount of that scholarship in subsequent school years is subject to progressive proration if the family income rises above 250% FPL. If a recipient’s family income rises above 400% FPL, the recipient loses eligibility to renew that scholarship. The new bill eliminates the progressive proration of a scholarship amount and the disqualification of a recipient to renew a scholarship based on rising family income.”  It appears that even if a student’s family’s income rises above 400% of the federal poverty level, the student would remain eligible to renew the voucher to subsidize private school tuition.

According to the Legislative Service Commission analysis, House Bill 583 will also make a private school outside the geographic Cleveland boundary eligible to accept students carrying a voucher from the Cleveland Scholarship Program. Remember that in Ohio speak, a scholarship is a private school tuition voucher.

The Legislative Service Commission Analysis also describes House Bill 583’s expansion of charter schools and changes in regulations affecting charter school sponsors. The bill approves funding for a new “remote learning community school.” To translate from Ohio speak: that sentence means that the state will fund a new online charter school.

Finally there are several provisions to reduce oversight of Ohio’s notoriously large number of charter school sponsors—many known to be weak and many far away geographically from the schools they sponsor. One provision of House Bill 583 will establish “a safe harbor from penalties and sanction for community (charter)  school sponsors based on sponsor ratings issued for the 2021-2022 school year.” And House Bill 583 will permit “a low-performing community (charter) school, for the 2022-2023 school year only, to enter into a contract with a new sponsor without the Department’s approval.” The practice of sponsor hopping is well known in Ohio when a sponsor threatens to shut down an academically under-performing charter school.

Right now in Ohio, legislators are considering culture war bills not only on transgender rights and arming teachers, but also bills banning discussion of racial justice, proposals to ban books, and a “don’t say gay” bill. But the very operation of the state’s public schools is also at stake when legislators demonstrate their commitment to expanding publicly funded school privatization at the expense of the public schools by surreptitiously inserting school privatization measures into a bill originally designed to help ease the shortage of public school substitute teachers following the pandemic.

Governor DeWine should definitely not sign HB 583 and thereby further undermine Ohio’s capacity to fund our state’s 610 public school districts which serve 1.8 million students.

In a new report, Public Schooling in America: Measuring Each State’s Commitment to Democratically Governed Schools, the Network for Public Education grades the 50 states and the District of Columbia on their commitment to privatized marketplace school choice at the expense of their public school districts: “Not only do we grade the states based on their willingness to commit exclusively or primarily to democratically governed public schools open to all, but their willingness to put sufficient guardrails and limits on publicly-funded alternatives to ensure that taxpayers, students, and families are protected from discrimination, corruption and fraud in the programs they have.”

The Network for Public Education ranks Ohio third from the bottom in its support for the state’s public schools—ahead of only Florida and Arizona.

Important New Report Traces History of American Indian Boarding Schools

A new report quietly released this month by the U.S. Department of the Interior is worth the serious attention of all of us who believe it is important to grapple with our government’s tragic experiment that used education to destroy the cultures and languages of indigenous peoples across the states and territories. Compiled by Bryan Newland, the Assistant Secretary for Indian Affairs, the Federal Indian Boarding School Initiative Investigative Report documents the history of the boarding schools where American Indian children were taken to separate them from their families, their cultures, and their languages:

“The Department found that between 1819 and 1969, the Federal Indian boarding school system consisted of 408 Federal schools across 37 states or then-territories, including 21 schools in Alaska and 7 schools in Hawaii. Some individual Federal Indian boarding schools accounted for multiple sites… Initial results show that the earliest opening date of a Federal Indian boarding school in the system was 1801, and the latest opening date was 1969.”

The new report documents the expressed purpose of these schools: “The Federal Indian boarding school system deployed systematic militarized and identity-alteration methodologies to attempt to assimilate American Indian, Alaska Native, and Native Hawaiian children through education, including but not limited to the following: (1) renaming Indian children from Indian to English names; (2) cutting hair of Indian children; (3) discouraging or preventing the use of American Indian, Alaska Native and Native Hawaiian languages, religions, and cultural practices; and (4) organizing Indian and Native Hawaiian children into units to perform military drills…. The Federal Indian boarding school system focused on manual labor and vocational skills that left American Indian, Alaska Native, and Native Hawaiian graduates with employment options often irrelevant to the industrial U.S. economy, further disrupting Tribal economies.”

“After 1871, Congress enacted laws to compel Indian parents to send their children to school and to authorize the Secretary of the Interior to issue regulations to ‘secure the enrollment and regular attendance of eligible Indian children’… There is ample evidence in Federal records demonstrating that the United States coerced, induced, or compelled Indian children to enter the Federal Indian boarding school system… Federal records indicate that the United States viewed official disruption to the Indian family unit as part of Federal Indian policy to assimilate Indian children… (T)he Meriam Report found in 1928 that the… ‘government practices may be said to have operated against the development of wholesome family life. Chief of these is the long continued policy of educating the Indian children in boarding schools far from their homes, taking them from their parents when small and keeping them away until parents and children become strangers to each other. The theory was once held that the problem of the Indian could be solved by educating the children not to return to the reservation but to be absorbed one by one into the white population. This plan involved the permanent breaking of family ties, but provided for the children substitutes for their own family life by placing them in good homes of whites for the vacations and sometimes longer, the so-called ‘outing system.'”

The boarding schools were part of a larger assimilation strategy that, in the Dawes Act of 1887, broke up communal reservation land, promoted the importance of owning private property, and ultimately sold off some of the land to non-Indian homesteaders.  In her book about the Chilocco Indian School in Oklahoma, They Called It Prairie Light, K. Tsianina Lomawaima explains he 1887 “allotment” law: “Acculturation to and assimilation into the dominant white society remained the explicit goal of policy and practice. In 1887, this political ideology produced the General Allotment (Dawes) Act, or the ‘Indian Emancipation Act.’ Indians were to be divested of their tribal, communally held lands and introduced, forcefully if necessary, to individual land ownership… The act targeted private land ownership as the essential force to civilize Indians. The president was authorized to survey reservations and allot quarter sections of land (160 acres) to individuals; allotments were larger or smaller depending on the marital and aged status of allottees…. Lands remaining after allotment could be purchased by the U.S. government and then opened for homesteading by non-Indians.” (The Called It Prairie Light, p. 3)

In the Department of the Interior’s new report, Bryan Newland explains how the Dawes Act, along with Indian trust fund monies went a long way to paying for the boarding schools: “As Congress has found, a ‘large portion of the expense for the operation of the schools came from Indian treaty funds and not Federal appropriations’ … Congress further concluded that the Dawes Act’s ‘land policy was directly related to the Government’s Indian education policy because proceeds from the destruction of the Indian land base were used to pay the costs of taking Indian children from their homes and placing them in Federal boarding schools—a system designed to dissolve the Indian social structure.'”

The Department of the Interior’s Federal Indian Boarding School Initiative Investigative Report is a tragic story of the misuse of education. I urge you to read and reflect on this history. The report concludes: “The United States’ creation of the Federal Indian boarding school system was part of a broader policy aimed at acquiring collective territories from Indian Tribes, Alaska Natives, and the Native Hawaiian Community…. The assimilation of Indian children through the Federal Indian boarding school system was intentional and part of that broader goal of Indian territorial dispossession…. Based on initial research, the Department finds that hundreds of Indian children died throughout the Federal Indian boarding school system… The Federal Indian boarding school system directly disrupted Indian families, Indian Tribes, Alaska Native Villages, and the Native Hawaiian Community for nearly two centuries.”

Ohio Legislature Must Ensure No More Children Are Held Back by 3rd Grade Reading Guarantee

The No Child Left Behind Act, signed into law twenty years ago on January 8, 2022, has come to be known as America’s test-and-punish education law, designed by politicians, not educators, and based on manipulation of big data collected from all the states’ standardized test scores

“Test-and-punish” has become a cliche, whose meaning we rarely consider carefully. Unlike the politicians who designed the law, educators who know something about learning and the psychology of education have always known that the law’s operational philosophy couldn’t work. Fear and punishment always interfere with real learning.

The federal government has reduced the imposition of federal punishments when a school’s test scores fail to rise, but states are still required to rate and rank their public schools and to devise turnaround plans for the so-called “failing” schools.  And, despite that some test-and-punish policies were never federally required by No Child Left Behind (NCLB), many states themselves adopted policies that reflected the test-and-punish ethos. Some of these policies remain in state law as a relic of the NCLB era.

Much of the No Child Left Behind era’s punitive policy was aimed at pressuring school districts and particular schools quickly to raise scores, but one test-and-punish policy which has been particularly hurtful to children themselves is the so-called “Third Grade Guarantee.”  In 2014,  Ohio adopted the Third Grade Guarantee as it was outlined in a model bill distributed by the American Legislative Exchange Council (ALEC). According to ALEC’s A-Plus Literacy Act: “Beginning with the 20XX-20XY school year, if the student’s reading deficiency, as identified in paragraph (a), is not remedied by the end of grade 3, as demonstrated by scoring at Level 2 or higher on the state annual accountability assessment in reading for grade 3, the student must be retained.”

During the years of disruption amidst the COVID-19 pandemic, the Ohio Legislature temporarily stopped holding children back in third grade.  Now the Columbus Dispatch‘s Anna Staver reports on a new effort by two state legislatures to do the right thing and end Ohio’s Third Grade Guarantee altogether: “State lawmakers pressed pause on the retention requirements during the COVID-19 pandemic. No third-grade students from 2019-2020 and 2021-2022 school years were held back.” “State Rep. Gayle Manning, R-North Ridgeville… and state Rep. Phil Robinson, D-Solon, want to make that permanent with HB 497.”

Staver begins her report by describing what educational research demonstrates is the serious damage the Third Grade Guarantee has caused among Ohio’s children: “More than 39,000 Ohio children have failed the statewide reading test and been mandated, with some exceptions, to repeat third grade since 2014. The idea being kids learn to read between kindergarten and third grade before reading to learn for the rest of their education. But educators, parents, school psychologists and early childhood researchers at Ohio State University’s Crane Center have spent the last decade questioning whether our Third Grade Reading Guarantee works. Whether the stigma of being held back was outweighed by gains in reading comprehension and student success.  A pair of state representatives think the answer is no, and they’ve introduced House Bill 497. The legislation would keep the state tests but not the requirement that those who fail must repeat third grade.”

Jeb Bush and his ExcelInEd Foundation have been promoters of the Third Grade Guarantee, but Staver traces Ohio’s enthusiasm for the Third Grade Guarantee to the Annie E. Casey Foundation: “In 2010, the Annie E. Casey Foundation released a bombshell special report called ‘Early Warning! Why Reading by the End of Third Grade Matters.’ Students, it said, who don’t catch up by fourth grade are significantly more likely to stay behind, drop out and find themselves tangled in the criminal justice system. ‘The bottom line is that if we don’t get dramatically more children on track as proficient readers, the United States will lose a growing and essential proportion of its human capital to poverty… And the price will be paid not only by the individual children and families but by the entire country.'”

It was the old “A Nation at Risk” story about “failing” public education creating a mediocre America and a lagging economy.  In states across the country, anxious legislators capitulated to the anxiety driven narrative and failed to consider what being held back would mean for the children themselves—for their drive to learn to read, for their engagement with school, for their self esteem, and for what we have learned since is their accelerated risk of dropping out of school before high school graduation. Staver quotes Ohio’s former governor: “Gov. John Kasich made it the focus of his education overhaul, saying the time had come to ‘put an end to social promotion.'”

Staver cites a 2019 report, Has Ohio’s Third-Grade Reading Guarantee Led to Reading Improvements?, from Ohio State University’s Crane Center, whose website describes it as “a multidisciplinary research center dedicated to conducting high-quality research that improves children’s learning and development at home, in school and in the community.” The report concludes: “We found no meaningful or significant improvements to Ohio’s fourth-grade reading achievement from the time the third-grade reading guarantee was implemented.”  Staver adds that Jamie O’Leary the Crane Center’s associate director, interprets the results: “O’Leary had some theories about why. The first was early learning…. Only 41% of children passed the Ohio Department of Education’s kindergarten readiness exam in 2018. Twenty-three percent needed ‘significant support.'”  Finally  O’leary worries about children’s stress inside and outside of school.

Poverty has clearly been a factor: “The districts retaining 2% or fewer of their students are overwhelmingly located in wealthy suburban neighborhoods.” Staver interviews Scott DiMauro, a current teacher and the president of the Ohio Education Association: “‘What that means… is that our must vulnerable students are the ones getting held back.’ That’s a problem for him because several studies suggest retaining children also decreases their chances of graduation. Notre Dame sociologist Megan Andrew published a study in 2014 about 6,500 pairs of students with similar backgrounds and IQ scores. The ones held back were 60% less likely to graduate high school. She hypothesized that since students routinely ranked retentions as ‘second only to a parent’s death in seriousness,’ the move was so ‘psychologically scarring’ that many never regained their confidence. DiMauro put it this way, ‘Instead of creating lifelong learners, we’re creating kids who hate to read.'”

To offer a contrasting opinion—support for the Third Grade Guarantee, Staver quotes Lisa Gray, the president of Ohio Excels. Staver describes Gray as “the lone opponent to testify against HB 497.” The  Ohio Excels website describes that organization’s history: “Ohio Excels was born in 2018. Leading that effort were former Greater Cleveland Partnership CEO Joseph Roman, Ohio Business Roundtable President and CEO Patrick Tiberi, Cincinnati Business Committee CEO Gary Lindgren, and Columbus Partnership CEO Alex Fischer. Assembling an initially small group of business leaders, they created a non-partisan coalition committed to keeping the business community’s voice at the forefront of policy discussions of education and workforce issues.”

I am hopeful, as the Ohio Legislature considers permanently removing Ohio’s Third Grade Guarantee by passing House Bill 497, that our legislators will study the research from the Crane Center for Early Childhood Research and Policy instead of paying attention to Ohio Excels.  For a long time policymakers have listened to the test-and-punish, corporate accountability hawks and neglected what they might learn from early childhood research and a basic class in educational psychology.  I share Scott DiMauro’s concern—that the Third Grade Guarantee is creating kids who fear failure, who dread being shamed by their peers, who hate to read, and who feel altogether alienated from school.

Education Expert Demonstrates Why Gov. Youngkin’s Attack on Virginia’s Public Schools Is Wrong

I suspect that Glenn Youngkin, the governor of Virginia, knows very little, really, about public education.  He was an investment banker before he became a politician, and his children attend the elite, private Georgetown Prep. But Youngkin knows how to build political capital by frightening parents and the general public about so-called failures in the state’s public schools. He campaigned last year by promoting the racist idea that parents need more control over their kids’ schools to prevent the children’s being frightened or upset by the injustices that have scarred American history. And now, he has begun using test score data to try to paint the state’s public schools as failing.

The problem is that this time, as he tries to use the state’s scores on the “nation’s report card,” the National Assessment of Education Progress ( NAEP), to prove there is something drastically wrong with Virginia’s public schools, he and his so-called experts who just castigated the state’s schools in a new report seem to have misread the meaning of the test scores they denigrate. Youngkin’s claim is that too few Virginia students achieve the “proficient” cut score on the NAEP.

For the Washington Post, Hannah Natanson and Laura Vozzella report: “The Virginia Department of Education painted a grim picture of student achievement in the state in a report released Thursday, asserting that children are performing poorly on national assessments in reading and math and falling behind peers in other states.  The 34-page report on students’ academic performance, requested as part of Gov. Glenn Youngkin’s first executive order, says these trends are especially pronounced among Black, Hispanic and low-income students. The report further critiques what it calls school districts’ lack of transparency regarding declining student performance—and it laments parents’ ‘eroding’ confidence in the state’s public schools.”  The Youngkin administration’s new report contends that Virginia has been expecting too little of its public school students—that, while Virginia’s state test, the Standards of Learning or SOL, shows the state’s students are doing well, Virginia’s NAEP scores show the states’ students are not really “proficient.”

But Youngkin’s report ignores years of discussion about what the “proficient” achievement level on the National Assessment of Educational Progress really means.  In her 2013 book, Reign of Error, Diane Ravitch who once served on the NAEP’s Governing Board, took the trouble to explain: “All definitions of education standards are subjective…  People who set standards use their own judgment to decide the passing mark on a test. None of this is science.” Ravitch explains further precisely how the NAEP Governing Board has always defined the difference between the “proficient” standard and the “basic” standard: “‘Proficient’ represents solid achievement. The National Assessment Governing Board (NAGB)… defines it as ‘solid academic performance for each grade assessed. This is a very high level of academic performance. Students reaching this level have demonstrated competency over challenging subject matter, including subject matter knowledge, application of such knowledge to real-world situations, and analytical skills appropriate to the subject matter.’… ‘Basic,’ as defined by NAGB, is ‘partial mastery of prerequisite knowledge and skills that are fundamental for proficient work at each grade.'” Ravitch concludes that according to the NAEP standard: “a student who is ‘proficient’ earns a solid A and not less than a strong B+” while “the student who scores ‘basic’ is probably a B or C student.” (Reign of Error, p. 47)

Daniel Koretz, a Harvard University expert on the construction of standardized tests and their uses for high stakes school accountability devotes an entire chapter of his 2017 book, The Testing Charade, to the topic, “Making Up Unrealistic Targets.”  Koretz describes exactly how Glenn Youngkin appears to be manipulating the meaning of NAEP cut scores as an argument for blaming the schools and pressuring educators to prep students to improve test scores at any cost: “In a nutshell, the core of the approach has been simply to set an arbitrary performance target (the ‘Proficient’ standard) and declare that all schools must make all students reach it in an equally arbitrary amount of time…. (A)lmost all public discussion of test scores is now cast in terms of the percentage reaching either the proficient standard, or occasionally, another cut score… This trust in performance standards, however is misplaced… (I)n fact, despite all the care that goes into creating them, these standards are anything but solid. They are arbitrary, and the ‘percent proficient’ is a very slippery number.” (The Testing Charade, pp. 119-121)

Natanson and Vozzella report that Virginia’s educators immediately pushed back against Youngkin’s new report: “The superintendent of Alexandria City Public Schools, Gregory C, Hutchings Jr., said the report inspired him to navigate to the NAEP website, where he discovered that Virginia students had consistently scored above the national average. ‘So, I’m not really understanding the whole premise of this report…. (which) was around us performing so much lower than everyone else.'”

Fortunately, last Friday, right after Youngkin’s report was released, the Washington Post‘s Valerie Strauss published a column by James Harvey, the recently retired executive director of the National Superintendents Roundtable.  Harvey scathingly criticizes the National Assessment Governing Board (NAGB) for its confusing definition of “proficient.”  Like a lot of federal policy after Reagan’s 1983, A Nation at Risk report, which blamed the public schools for widespread mediocrity and and became the basis for standards-based school reform, the NAGB set its proficiency targets to drive higher expectations. Harvey writes: “Proficient doesn’t mean proficient. Oddly, NAEP’s definition of proficiency has little or nothing to do with proficiency as most people understand the term. NAEP experts think of NAEP’s standard as ‘aspirational.’ In 2001, two experts associated with NAGB made it clear that: ‘The proficient achievement level does not refer to ‘at grade’ performance. Nor is performance at the Proficient level synonymous with ‘proficiency’ in the subject. That is, students who may be considered proficient in a subject, given the common usage of the term, might not satisfy the requirements for performance at the NAEP achievement level.”

Harvey summarizes the decades-long controversy about National Assessment of Educational Progress cut scores: “What is striking in reviewing the history of NAEP is how easily its policy board has shrugged off criticisms about the standards-setting process. The critics constitute a roll call of the statistical establishment’s heavyweights…  (T)he likes of the National Academy of Education, the Government Accounting Office, the National Academy of Sciences, and the Brookings Institution have issued scorching complaints that the benchmark-setting processes were ‘fundamentally flawed,’ ‘indefensible,’ and ‘of doubtful validity,’ while producing ‘results that are not believable.'”

Harvey continues: “How unbelievable? Fully half the 17-year-olds maligned as being just basic by NAEP obtained four-year college degrees. About one-third of Advanced Placement Calculus students, the creme de la creme of American high school students, failed to meet the NAEP proficiency benchmark. While only one-third of American fourth-graders are said to be proficient in reading by NAEP, international assessments of fourth-grade reading judged American students to rank as high as No. 2 in the world. For the most part, such pointed criticism from assessment experts has been greeted with silence from NAEP’s policy board.”

In her introduction to Harvey’s piece, Valerie Strauss explains: “Youngkin isn’t the first politician to misinterpret NAEP scores and then use that bad interpretation to bash public schools.” Please do read Strauss’s introduction and James Harvey’s fine column to better understand how high stakes standardized testing has been used politically to drive a kind of school reform that manipulates big data but has little relevance to expanding educational opportunity.

Unequal Access to Educational Opportunity Is the Story of Today’s America

A highlight of the Network for Public Education’s recent national conference was the keynote address from Jitu Brown, a gifted and dedicated Chicago community organizer and the national director of the Journey for Justice Alliance.  His remarks made me think about the meaning of the last two decades of corporate school reform and the conditions today in his city and here where I live in greater Cleveland, Ohio.  It is a sad story.

Brown reflected on his childhood experience at a West Side Chicago elementary school, a place where he remembers being exposed to a wide range of information and experience including the study of a foreign language. He wondered, “Why did we have good neighborhood schools when I went to school but our kids don’t have them anymore? For children in poor neighborhoods, their education is not better.”

Brown described how No Child Left Behind’s basic drilling and test prep in the two subjects for which NCLB demands testing—math and language arts—eat up up more and more of the school day. We can consult Harvard University expert on testing, Daniel Koretz, for the details about why the testing regime has been particularly hard on children in schools where poverty is concentrated: “Inappropriate test preparation… is more severe in some places than in others. Teachers of high-achieving students have less reason to indulge in bad preparation for high-stakes tests because the majority of their students will score adequately without it—in particular, above the ‘proficient’ cut score that counts for accountability purposes. So one would expect that test preparation would be a more severe problem in schools serving high concentrations of disadvantaged students, and it is.” (The Testing Charade, pp. 116-117)

Of course, a narrowed curriculum is only one factor in today’s inequity.  Derick W. Black and Axton Crolley explain: “(A) 2018 report revealed, school districts enrolling ‘the most students of color receive about $1,800 or 13% less per student’ than districts serving the fewest students of color… Most school funding gaps have a simple explanation: Public school budgets rely heavily on local property taxes. Communities with low property values can tax themselves at much higher rates than others but still fail to generate anywhere near the same level of resources as other communities.  In fact, in 46 of 50 states, local school funding schemes drive more resources to middle-income students than poor students.”

Again and again in his recent keynote address, Jitu Brown described the consequences of Chicago’s experiment with corporate accountability-based school reform.  Chicago is a city still coping with the effect of the closure of 50 neighborhood schools in June of 2013—part of the collateral damage of the Renaissance 2010 charter school expansion—a portfolio school reform program administered by Arne Duncan to open charter schools and close neighborhood schools deemed “failing,” as measured by standardized test scores. On top of the charter expansion, Chicago instituted student-based-budgeting, which has trapped a number of Chicago public schools in a downward spiral as students experiment with charter schools and as enrollment diminishes, both of which spawn staffing and program cuts and put the school on a path toward closure.

As Jitu Brown reflected on his inspiring elementary school experience a long time ago, I thought about a moving recent article by Carolyn Cooper, a long time resident of Cleveland, Ohio’s East Glenville neighborhood: “I received a stellar education in elementary, junior high, and high school from the… Cleveland Public School system… All of the schools I attended were within walking distance, or only a few miles from my home. And at Iowa-Maple Elementary School, a K-6 school at the time, I was able to join the French Club and study abroad for months in both Paris and Lyon, France… Flash forward to this present day… To fight the closure of both Iowa-Maple and Collinwood High School, a few alumni attended a school facilities meeting held in October 2019 at Glenville High School… Despite our best efforts, Collinwood remained open but Iowa-Maple still closed down… Several generations of my family, as well as the families of other people who lived on my street, were alumni there.  I felt it should have remained open because it was a 5-Star school, offering a variety of programs including gifted and advanced courses, special education, preschool offerings, and Individualized Education Programs (IEPs).”

In his keynote address last week, Jitu Brown explained: “Justice and opportunity depend on the institutions to which children have access.” Brown’s words brought to my mind another part of Cleveland’s Glenville neighborhood less than a mile from Iowa-Maple Elementary School. If you drive along Lakeview Road between Superior and St. Clair Avenues, you see a neighborhood with older homes of a size comfortable for families and scattered newer rental housing built about twenty years ago with support from tax credits. You also see many empty lots where houses were abandoned and later demolished in the years following the 2008 foreclosure crisis. Separated by several blocks, you pass two large weedy tracts of land which were once the sites of two different public elementary schools—abandoned by the school district and boarded up for years before they were demolished. You pass by a convenience store surrounded by cracked asphalt and gravel.  Finally you pass a dilapidated, abandoned nursing home which for several years housed the Virtual Schoolhouse, a charter school that advertised on the back of Regional Transit Authority buses until it shut down in 2018.

My children went to school in Cleveland Heights, only a couple of miles from Glenville. Cleveland Heights-University Heights is a mixed income, racially integrated, majority African American, inner-ring suburban school district. Our children can walk to neighborhood public schools that are a great source of community pride. Our community is not wealthy, but we have managed to pass our school levies to support our children with strong academics. We recently passed a bond issue to update and repair our old high school, where my children had the opportunity to play in a symphony orchestra, and play sports in addition to the excellent academic program.

Jitu Brown helped organize and lead the 2015 Dyett Hunger Strike, which forced the Chicago Public Schools to reopen a shuttered South Side Chicago high school. Brown does not believe that charter schools and vouchers are the way to increase opportunity for children in places like Chicago’s South and West Sides and Cleveland’s Glenville and Collinwood neighborhoods.  He explains: “When you go to a middle-class white community you don’t see charter schools…. You see effective, K-12 systems of education in their neighborhoods. Our children deserve the same.”

In the powerful final essay in the new book, Public Education: Defending a Cornerstone of American Democracy, Bill Ayers, a retired professor of education at the University of Illinois, Chicago, agrees with Jitu Brown about what ought to be the promise of public education for every child in America:

“Let’s move forward guided by an unshakable first principle: Public education is a human right and a basic community responsibility… Every child has the right to a free, high-quality education. A decent, generously staffed school facility must be in easy reach for every family… What the most privileged parents have for their public school children right now—small class sizes, fully trained and well compensated teachers, physics and chemistry labs, sports teams, physical education and athletic fields and gymnasiums, after-school and summer programs, generous arts programs that include music, theater, and fine arts—is the baseline for what we want for all children.” (Public Education: Defending a Cornerstone of American Democracy, pp. 314-315) (emphasis in the original)

Texas Governor Outrageously Proposes Denying Undocumented Immigrant Children the Right to K-12 Public Education

In September of 1982, the U.S. Supreme Court declared unconstitutional a Texas statute denying children brought to the United States by their undocumented parents the right to public education.  In Plyler v. Doe, the U.S. Supreme Court protected the right of all children living in the United States to a free K-12 public education. The Court also defined the public purpose of our system of public schools, accessible to all children.

In the majority decision, Justice William Brennan wrote these powerful words: “A Texas statute which withholds from local school districts any state funds for the education of children who were not “legally admitted” into the United States, and which authorizes local school districts to deny enrollment to such children, violates the Equal Protection Clause of the Fourteenth Amendment… (T)he Texas statute imposes a lifetime hardship on a discrete class of children not accountable for their disabling status. These children can neither affect their parents’ conduct nor their own undocumented status. The deprivation of public education is not like the deprivation of some other governmental benefit. Public education has a pivotal role in maintaining the fabric of our society and in sustaining our political and cultural heritage: the deprivation of education takes an inestimable toll on the social, economic, intellectual, and psychological well-being of the individual, and poses an obstacle to individual achievement.”

Brennan continues, quoting from the Supreme Court’s 1954 decision in Brown v. Board of Education: “Today, education is perhaps the most important function of state and local governments. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society. It is required in the performance of our most basic public responsibilities, even service in the armed forces. It is the very foundation of good citizenship.”

Brennan is careful not to contradict the precedent in San Antonio v Rodriguez that public education, never mentioned in the U.S. Constitution, is not protected as a federal fundamental right, but he comes as close as possible when he declares that for children brought into the United States by undocumented immigrants: “(W)hen the State provides an education to some and denies it to others, it immediately and inevitably creates class distinctions of a type fundamentally inconsistent with those purposes, mentioned above, of the Equal Protection Clause. Children denied an education are placed at a permanent and insurmountable competitive disadvantage, for an uneducated child is denied even the opportunity to achieve. And when those children are members of an identifiable group, that group—through the State’s action—will have been converted into a discrete underclass.”

Now, when it looks as though today’s U.S. Supreme Court will overturn Roe v. Wade, Texas Governor Greg Abbott says he hopes the Court will overturn other precedents. When he was interviewed on a radio talk show, Governor Abbott suggested that Texas may consider challenging Plyler v. Doe: “The challenges put on our public systems is extraordinary… Texas already long ago sued the federal government about having to incur the costs of the education program, in a case called Plyler versus Doe.  And the Supreme Court ruled against us on the issue about denying, or let’s say Texas having to bear that burden. I think we will resurrect that case and challenge this issue again, because the expenses are extraordinary….”

The Dallas Morning NewsRobert T. Garrett quotes Thomas A. Saenz, president and general counsel of the Mexican American Legal Defense and Education Fund (MALDEF): “First, Abbott needs some remedial education on Plyler itself… This was a case brought against Texas, not by Texas, as Abbott asserted. The case was filed by MALDEF on behalf of students threatened by a Texas statute allowing schools to exclude undocumented students from public school.”  Garrett adds, “In the four-decade-old ruling, The Supreme Court split 5-4 on declaring the Texas law unconstitutional. But even the four dissenters agreed with the majority that Texas was unwise to pass the law, Saenz noted. ‘All of the justices, including then-Associate Justice William Rehnquist, agreed that the Texas law seeking to exclude undocumented children from school was bad public policy,’ he said.”

Reporting for the NY Times, J. David Goodman explains that: “Attitudes about immigration have shifted in Texas, where former Republican governors like George W. Bush and Rick Perry adopted relatively moderate tones. Mr. Perry, during his term, signed a law allowing undocumented college students access to in-state tuition and financial aid at public universities in Texas. But taking a hard stance on immigration has been a politically comfortable place for Mr. Abbott.”

Goodman reports: “Undocumented immigrants are ineligible for many public benefits. And Texas offers fewer than most states. Edna Yang of American Gateways, an immigration legal services provider in Texas, said that undocumented immigrants in the state qualified for only a small number of benefits, including emergency medical services, food aid for children and public education.”  But, Abbott is protesting the cost of educating English language learners: “The governor’s office has said that the cost of each additional student enrolled in Texas pubic schools is about $6,100 per year, not including the cost of providing bilingual and special education services, which add more than $2,000 in additional spending.”

Goodman adds: “(I)t is against federal law to record the immigration status of students in school, (and) the number of students in question is not precisely known.  An overwhelming majority of children of undocumented migrants were born in the United States and are citizens. Researchers have estimated there are about one million undocumented young people in the country.”

Goodman quotes Justin Driver, author of an extremely significant book on public education and the U.S. Supreme Court: “I view Plyler v. Doe as among the most significant constitutional decisions in the Supreme Court’s history… That is because the decision succeeded in interring this sort of legislation (like the state law Plyer overturned in Texas) and keeping it from spreading all around the country.”

Governor Greg Abbott is, according to Goodman, a former attorney general in Texas. I am shocked that a public official schooled in the role of federal law so flagrantly suggests overturning a Supreme Court decision that protects students’ rights. Many of the children Abbot seeks to exclude from Texas public schools hope someday to become citizens of the United States. Governor Abbott’s entire purpose is to slash Texas’ investment in its public schools, which the Texas constitution defines as a primary responsibility of the state. Abbott’s priority is cutting out teachers and programs designed to serve English language learners, whatever the impact on children’s lives and their preparation for participating in our democracy. For Governor Abbott, the public purpose of public schooling, so eloquently defined and defended in Plyler v. Doe by Justice William Brennan, matters not at all.

Permanently Expanding the Child Tax Credit Would Help Close Educational Opportunity Gaps

Those of us who support closing educational opportunity gaps have a lot on our plates right now.  We are watching states cut taxes instead of investing in teachers, counselors, and enriched curriculum.  It seems that momentum has slowed for ending the misguided scheme of high-stakes test-and-punish school accountability, and, based on test scores, states continue to rank and rate public schools and take over or shut down the so-called “failing” schools.  Laws condoning racism and anti-gay bias are winning in many state legislatures.  We are watching legislatures expand all kinds of private school tuition vouchers at the expense of their states’ public education budgets and watching the charter school lobby protest any kind of reasonable oversight of the largely unregulated, rapaciously greedy, privately operated charter school sector.

So, why do I think advocates for public education should work to support one more priority: pressing Congress to restore the expanded and fully refundable child tax credit that Republican senators along with Joe Manchin blocked when they derailed President Biden’s Build Back Better bill?

I’ll admit that for most of us who are focused on confronting the myriad challenges for the public schools, the complexities of addressing child poverty are not an area of expertise. But I think it is essential that we step back and consider David Berliner’s words: “(T)he big problems of American education are not in America’s schools. So, reforming the schools, as Jean Anyon once said, is like trying to clean the air on one side of a screen door. It cannot be done!  It’s neither this nation’s teachers nor its curriculum that impede the achievement of our children. The roots of America’s educational problems are in the numbers of Americans who live in poverty. America’s educational problems are predominantly in the numbers of kids and their families who are homeless; whose families have no access to Medicaid or other medical services. These are often families to whom low-birth-weight babies are frequently born, leading to many more children needing special education… Our educational problems have their roots in families where food insecurity or hunger is a regular occurrence, or where those with increased lead levels in their bloodstream get no treatments before arriving at a school’s doorsteps. Our problems also stem from the harsh incarceration laws that break up families instead of counseling them and trying to keep them together. And our problems relate to harsh immigration policies that keep millions of families frightened to seek out better lives for themselves and their children…  Although demographics may not be destiny for an individual, it is the best predictor of a school’s outcomes—independent of that school’s teachers, administrators and curriculum.”  (Emphasis in the original.)

UNICEF statistics show that in 2018, 35 OECD nations had a child poverty rate lower than the rate in the United States. As advocates for the public schools that serve the mass of America’s poorest children, I think we ought to trust the experts who explain how best to ameliorate our nation’s outrageous child poverty. They seem to agree that one simple Congressional action—restoring the American Rescue Plan’s temporary expansion of the Child Tax Credit—would enormously reduce child poverty in the United States.

The Center on Budget and Policy Priorities’ Chuck Marr reports: “Last year’s expansion of the Child Tax Credit was a striking success, lifting an estimated 3.7 million otherwise-poor children (3 in 10) above the monthly poverty line in December 2021. The credit’s full refundability (ensuring that children with the lowest incomes get the full credit) was the main driver of its poverty reduction; making that provision permanent could have life-long positive impacts in health, educational attainment, and ultimate earnings power for millions of children.”

Until last year’s American Rescue COVID relief bill, families whose incomes were so low they did not pay enough in taxes to be refunded received only partial benefits from the Child Tax Credit. And if a family had no income and paid no taxes, the family received no Child Tax Credit whatsoever. In a more recent report, Marr adds: “Absent a new expansion, the expiration of the Rescue Plan’s expanded Child Tax Credit will push a projected 4.1 million children back below the poverty line in 2022, of whom 1.6 million are Latino, 1.2 million are white, 930,000 are Black, and 132,000 are Asian… (A)nnual poverty rates among Black, Latino, and American Indian or Alaska Native children would be an estimated 8 to 9 percentage points higher without the Rescue Plan expansion than if the expansion were still in place. The greatest driver of these rises in poverty would be the loss of the expanded credit’s full refundability. Accordingly making the full credit available to children in families with the lowest incomes would be key to reducing child poverty.”

Writing for The Hill, Albert Hunt identifies a widespread bias of many Americans: that poor people are basically lazy and will only waste the money: “Critics, many Republicans and Sen. Joe Manchin (D-W.Va.), have charged making it refundable would create incentives not to work. There are even charges that some recipients would spend the extra money on drugs rather than their kids.”

The Brookings Institution just confirmed the lie in that bias. Instead parents used the money primarily for food, basics, and paying down credit card debt: “Overall, our findings suggest that the expanded CTC supported eligible families in several critical ways. First, the credit allowed families to cover routine expenses, such as housing, food, utilities, clothing, and other essential items for their children while also helping families to save for emergencies and pay off debt. Because one of the primary uses of the benefit was on food, it is not surprising that the CTC significantly lowered eligible families’ food insecurity and helped them afford healthier, balanced meals for their children. Additionally, the CTC reduced overall economic insecurity for eligible households, as evidenced by their declining credit card debt, lower eviction risks, stronger rainy-day funds, and reduced reliance on payday loans, pawn shops, and selling blood plasma to make ends meet.”

It is to be hoped that Senator Manchin has noticed the Brookings study.  It has been widely reported in West Virginia’s newspapers.  The Intelligencer.Wheeling News-Register reported “The study also found that the monthly CTC payments to families did not encourage parents to not work, but likely led them to seek professional training and classes.”  “The survey indicated….  58%… had used the money for essential items, with 56% noting they had purchased additional food with the funding. Another 49% responded they had used the money for emergency savings, with 42% noting it was directed toward debt payment.”

A second new report from the Center for Law and Social Policy, the University of California at Berkeley, the Children’s Defense Fund, the Urban Institute, and other partner organizations describes how last year’s Child Tax Credit payments actually helped parents get to work: “During the phone interviews with respondents, parents commented how the monthly payments helped them afford transportation to get to work and covered the cost of child care that allowed them to work additional hours. One mom named Jasmin, who has two kids and lives in New Jersey, explained how transportation costs take up a large portion of her monthly budget… The monthly CTC payments provided her with more resources to pay for the transportation to get to and from her job.”

What about inflation?  Wouldn’t re-establishing last year’s temporary expansion of the Child Tax Credit drive more inflation?  Writing for the NY Times, Ezra Klein discounts this worry: “Nor is inflation a reason to leave children in poverty. Extending the expanded child tax credit would cost about $100 billion per year for the next few years—less than 0.5 percent of U.S. G.D.P.  And it could easily be paired with policies raising taxes or cutting spending elsewhere, making the overall impact on spending nil.”

The Center on Budget and Policy Priorities’ Chuck Marr backs up Klein’s judgment: “Rising prices are no reason for policymakers to delay or avoid taking action on critical policies such as extending the Child Tax Credit expansion. For struggling families, in fact, they make the task more urgent. The Rescue Act’s expansion of the Child Tax Credit would amount to roughly 0.5 percent of gross domestic product. It would provide extremely meaningful income support for millions of low-income families, but it would generate little or no inflationary pressure…. Policymakers need to act.”

The Washington Post‘s E.J. Dionne Jr. summarizes the depth of the need to support children growing up in poverty: “Our society claims to love children, admire parents and revere the family. But our public policies send the opposite message… It’s hard to think of work more important to a society’s long-term well-being and prosperity than raising children. Yet the market economy values work outside the home that produces goods, services, and profits far more than the work of parenting. While parenting’s value is, well, infinite, it goes largely unmeasured in our gross domestic product… Our country needs a sensible family policy. That’s why child care, universal pre-K, family leave and an expanded child tax credit were central components of President Biden’s Build Back Better plan. But our debate last year about his proposal rarely got to the merits.”

Ameliorating child poverty in the United States is a moral imperative. It is important for supporters of public education to join child advocacy organizations in standing behind Congressional champions like Ohio Senator Sherrod Brown, Colorado Senator Michael Bennet and Connecticut Congresswoman Rosa DeLauro, who are pushing Congress permanently to expand the Child Tax Credit and make it fully refundable.