“The ‘No Child’ Rewrite Threatens Your Kids’ Future”: Congress Is Attempting To Pass The Buck On Federal Funding For Education
In the weeks ahead, Congress will consider rewriting the No Child Left Behind Act and, if some leaders on Capitol Hill get their wish, it will feature dramatically reduced federal oversight of education.
These Congressional leaders point to states’ rights when they argue that the federal government should send $50 billion to 50 states and more than 10,000 school districts each year but ask for little or nothing in the way of results.
Despite America’s long and sordid history of extreme inequity in schooling and in spite of dramatic continuing disparities in educational quality, states’ rights advocates assert the federal government isn’t needed to monitor or assure educational quality and equity.
Whether because of racism, politics, ignorance, or indifference, the brutal facts are that states and school districts have too often neglected their educational responsibilities. The losers have always been children in poverty, children of color, and children with disabilities.
Think back to Topeka, Kan., in the 1950s, where seven-year old Linda Brown was denied the opportunity to attend a nearby public school because she was black. The Supreme Court eventually stepped in and ended legal segregation in the landmark 1954 decision, Brown v. Board of Education.
Three years later in Little Rock, Ark., despite the Supreme Court’s decision that segregation violated the Constitution, nine young Black students were denied access to a public high school by segregationist Governor Orval Faubus. President Eisenhower sent the 101st Airborne Division to force Faubus to admit the students to Central High School.
The same thing happened over and over again, in state after state, in the ensuing years, including in Mississippi where my mother Marian Wright Edelman, on behalf of courageous black plaintiffs, sued several segregated local school districts. States and local school districts violated Brown, lawsuits or non-violent protests (which often provoked violent reprisals) eventually led to desegregation orders, and then great vigilance was required to ensure those orders were enforced.
On a parallel track, in the 1960s, federal officials recognized that states and local school districts were systematically spending less to educate poor kids compared to wealthier kids. So in 1965, Congress passed the Elementary and Secondary Education Act (ESEA) to provide federal funds to help make up the difference.
In the 1970s, my mother and many others, including parents of children with disabilities, protested because states and districts weren’t meeting children’s special needs. A seminal 1974 Children’s Defense Fund report called “Children Out of School” chronicled the extent of the problem. The federal government responded by passing a law requiring states and districts to educate children with special needs and providing additional resources (though the feds have never come close to funding the cost of their mandate, which is a huge and largely undiscussed problem).
In 2001, with great fanfare, Congress updated the 1965 ESEA law to require every state and district to assess children’s educational progress regularly and publish results by race, income, disability, and whether English is a second language. The hope was that greater transparency about performance would drive results.
The new ESEA, or No Child Left Behind law, exposed grossly unequal educational outcomes and motivated a range of efforts across the country to address the low performance of low-income children and children of color. That said, the law was deeply flawed. States were encouraged and allowed to lower standards to make it appear they were improving. The tests on which the federal government based its ratings were “dumb”—they assessed students’ knowledge of information not their ability to think, solve problems, or write, and they only measured students within the confines of their grade level. And there was a ridiculous assumption that states would somehow get all of their students to proficiency—that’s right, 100%—by 2014.
In the past five years, the federal government has offered incentives and resources for states to lift academic standards, fix schools that have struggled for decades, offer more choices to parents, and strengthen teaching through more accurate educator evaluations. These incentives and lobbying by state-based education advocates led most states to raise standards, embrace choice, and develop fairer, more rigorous systems for evaluating teachers. (This is happening well in most places, but there’s still a long way to go.)
Now, we all know that federal interventions don’t always work as intended. What sounds good in concept often stumbles in practice, which is why it’s important to revisit laws regularly (that hasn’t happened with No Child Left Behind because of the stalemate in Washington).
That said, it’s patently false and downright irresponsible to suggest states and districts will do the right thing without meaningful oversight from the federal government. The evidence is everywhere that absent real accountability many states won’t ensure that districts protect children at risk.
Today, for example, because education is often funded by local property taxes, states typically spend much less money educating children in the bottom fifth of the economic ladder than the top fifth. In Illinois, for example, a student in the low property value Berwyn North school district just west of Chicago receives $8,588 in combined state and local education funding whereas a student twenty miles further west in suburban Lisle Community Unit School District 202 receives $17,169 in state and local funding.
In addition to getting the short end of the stick on funding in most states, low-income children and children of color are disciplined more severely, have less access to rigorous high school classes, and are more likely to be taught by ineffective teachers. [We only know about these disparities, by the way, because the federal government makes states measure them and publish the results.]
Not surprisingly, fewer than 10 percent of low-income children earn a four-year college degree, compared to about 80 percent of upper-income students.
This is why arguments for little to no federal oversight of education are so disturbing.
There’s also talk by states’ rights advocates of no longer requiring annual testing by states, which would deny parents and educators valuable information about whether students are on track, reduce the ability to measure and improve teacher quality, and make it harder for administrators to know how schools are doing and when they need to intervene. Ironically, this is being proposed just as “smarter” assessments come online that will more accurately measure student learning, including their ability to think critically, solve problems, and write.
If Congress takes the states’ rights, anti-accountability, anti-assessment tack that is being discussed, the outcome will be as predictable as it is tragic. Many states and districts will take the easier path than trying to educate ALL children, disadvantaged students will lose out, and millions of young people who could have become hard-working taxpayers will end up jobless, in prison, or worse.
So when you hear politicians talking about reducing the federal role and restoring states’ rights, what they’re really saying is that they’re passing the buck. They’re saying they don’t want to take responsibility for ensuring ALL children receive a quality public education.
President Harry Truman kept a sign on his desk that read: “The Buck Stops Here.” When it comes to educating our children, Congress should heed that message, not ignore it.
By: Jonah Edelman, The Daily Beast, January 3, 2014
“Judging The Supreme Court”: A Disturbing Picture, The Court Is Guilty Of Failing To Adequately Enforce The Constitution
After 227 years of history, how should we judge the United States Supreme Court? All of my years of studying, teaching, and practicing Constitutional law have convinced me that the Supreme Court has rarely lived up to lofty expectations and far more often has upheld discrimination and even egregious violations of basic liberties.
My disappointment in the Court is historical and contemporary. Its preeminent task is to enforce the Constitution in the face of majorities that would violate it. The Court is thus especially important in protecting minorities and in safeguarding rights in times of crisis when passions cause society to lose sight of its long-term values.
For the first 78 years of American history until the ratification of the 13th Amendment in 1865, the Court enforced the institution of slavery. For 58 years, from 1896 until 1954, the Court embraced the noxious doctrine of separate but equal and approved Jim Crow laws that segregated every aspect of Southern life. Nor are egregious mistakes by the Supreme Court on race a thing of the past. The Roberts Court has furthered racial inequality by striking down efforts of school boards to desegregate schools and by declaring unconstitutional crucial provisions of the landmark Voting Rights Act of 1965.
The Court also has continually failed to stand up to majoritarian pressures in times of crisis. During World War I, individuals were imprisoned for speech that criticized the draft and the war without the slightest evidence that the expression had any adverse effect on military recruitment or the war effort. During World War II, 110,000 Japanese-Americans were uprooted from their lifelong homes and placed in what President Franklin Roosevelt referred to as “concentration camps.”
During the McCarthy era, people were imprisoned simply for teaching works by Marx and Engels, and Lenin. In all of these instances, the Court failed to enforce the Constitution. Most recently, the Roberts Court held that individuals could be criminally punished for advising foreign organizations, designated by the United States government as terrorist organizations, as to how to use the United Nations for peaceful resolution of their disputes or how to receive humanitarian assistance.
For almost 40 years, from the 1890s until 1937, the Court declared unconstitutional more than 200 federal, state, and local laws that were designed to protect workers and consumers. The Court even declared unconstitutional the first federal law designed to prevent child labor by prohibiting the shipment in interstate commerce of goods made by child labor. Minimum-wage and maximum-hour laws were frequently invalidated.
Even the areas of the Supreme Court’s triumphs, like Brown v. Board of Education and Gideon v. Wainwright, accomplished less than it might seem. American public schools remain racially separate and terribly unequal. Criminal defendants in so many parts of the country, including in death-penalty cases, have grossly inadequate lawyers.
The Court’s decisions from the last few years — preventing employment discrimination suits and class actions against large corporations, keeping those injured by misconduct of generic drug makers from having any recovery, denying remedies to those unjustly convicted and detained — illustrate what has historically been true: The Court is far more likely to rule in favor of corporations than workers or consumers; it is far more likely to uphold abuses of government power than to stop them.
What should we do about it?
Some scholars urge the abandonment of judicial review, but I reject that conclusion. The limits of the Constitution are meaningful only if there are courts to enforce them. For those I have represented over my career — prisoners, criminal defendants, homeless individuals, a Guantánamo detainee — it is the courts or nothing.
But I believe that there are many reforms that can make the Court better and, taken together, make it less likely that it will so badly fail in the future. I propose a host of changes, including instituting merit selection of court justices, creating a more meaningful confirmation process, establishing term limits for court justices, changing the Court’s communications (that is, televising its proceedings), and applying ethics rules to the court justices.
The Supreme Court’s decisions affect each of us, often in the most important and intimate aspects of our lives. I think that we need to focus on the Court’s long-term and historical performance. If we do, it is a disturbing picture and there is only one possible verdict: The Court is guilty of failing to adequately enforce the Constitution.
But it can and must get better in the years and decades ahead.
By: Ewin Chemerinsky; The National Memo, January 5, 2014; Originally Posted at The Washington Spectator
“Following The Well-Thumbed Republican Playbook”: The GOP Has A Bad Habit Of Appealing To Avowed Racists
Here’s some advice for House Majority Whip Steve Scalise that also applies to the Republican Party in general: If you don’t want to be associated in any way with white supremacists and neo-Nazis, then stay away from them.
Do not give a speech to a racist organization founded by former Ku Klux Klan grand wizard David Duke, as Scalise did when he was a Louisiana state legislator before running for Congress. Do not pretend to be the only Louisiana politician who could possibly have failed to grasp the true nature of the event, as Scalise did this week when the 2002 speech became public.
Come on, a group called the European-American Unity and Rights Organization (EURO), established by one of the nation’s proudest and most vocal bigots? Who happens to be, Rep. Scalise, from your state?
House Speaker John Boehner (R-Ohio) defended Scalise with the usual tut-tut about how speaking to the white supremacists was “an error in judgment” and how Scalise was “right to acknowledge it was wrong and inappropriate.” Despite this lapse, Boehner said, Scalise is “a man of high integrity and good character.”
As if on cue, friends and supporters chimed in to offer evidence of how demonstrably non-racist Scalise truly is. He was an early supporter of Gov. Bobby Jindal (R), an Indian American, over his white primary opponent! He coached in a predominantly black New Orleans basketball league! In the Louisiana legislature, he voted against a Martin Luther King Jr. holiday — oh, wait.
See, it’s a ridiculous and ultimately meaningless exercise, putting check marks in one column or the other to decide whether a politician “is” or “is not” a racist. We hold officials accountable for what they say and do. Whatever feelings he might have in the deepest recesses of his heart, Scalise was simply following the well-thumbed Republican playbook by signaling to avowed racists that he welcomed their support.
This is nothing new. In fact, it’s like a bad habit that the party can’t seem to quit.
The addiction goes back to 1968, when Richard Nixon’s “Southern strategy” leveraged white racial resentment over federally mandated integration into an electoral majority. The GOP became the party of the South, even as the region — and its racial realities — underwent sweeping change. Mississippi now has more black elected officials than any other state. But do pockets of old-style, unapologetic racism persist, both in the South and elsewhere? You bet they do.
In 2002, Scalise was seeking support for his tax-cutting agenda in the legislature — and, of course, contacts that could further his political career. He was invited to speak to the EURO group by Duke’s longtime political strategist, Kenny Knight, who happened to be Scalise’s neighbor.
As prominent conservative blogger Erick Erickson wrote and tweeted this week: “How Do You Show Up at a David Duke Event and Not Know What It Is?” Erickson was not alone in finding it hard to believe that anyone involved in Louisiana politics could fail to grasp what the meeting was and who was behind it.
Poor Boehner has more of a knack for getting caught in vises than anyone else in politics. Usually he gets squeezed between the GOP’s establishment and tea party wings. This time, he’s mashed between his party’s present and its future.
Today, the Republican Party depends on a broad coalition of voters, weighted toward the South, that ranges in views from traditional Main Street conservatives to anti-government radicals who believe that menacing helicopters are about to descend any minute. One thing these GOP voters have in common is that the vast majority of them are white.
The nation, however, becomes more racially diverse every day, and the Republican Party will have to become more diverse if it is to survive. In picking and electing state-level candidates, the GOP has been doing better with governors such as Jindal, Nikki Haley of South Carolina and Susana Martinez of New Mexico. In attracting voters, not so much.
One way not to attract African American and Latino voters — in fact, one way to drive them away, along with the votes of some whites as well — is to show that the party is still happy to welcome the support of unrepentant racists and anti-Semites.
Maybe someday the Republican Party will say clearly that anyone associated with Duke, his little group or any racist association should find somebody else to vote for. But this message must be sent with actions that have consequences — and it wasn’t sent this week.
By: Eugene Robinson, Opinion Writer, The Washington Post, January 1, 2015
“Blinded By Tribalism, Threatening Public Safety”: The NYPD’s Insubordination—And Why The Right Should Oppose It
In New York City, “NYPD traffic tickets and summonses for minor offenses have dropped off by a staggering 94 percent following the execution of two cops,” the New York Post reports, attributing the “virtual work stoppage” to rank-and-file police officers who “feel betrayed by the mayor and fear for their safety.”
The statistics cited suggest significant solidarity among cops. Overall arrests rates fell 66 percent “for the week starting Dec. 22 compared with the same period in 2013, stats show. Citations for traffic violations fell by 94 percent, from 10,069 to 587, during that time frame. Summonses for low-level offenses like public drinking and urination also plunged 94 percent—from 4,831 to 300. Even parking violations are way down, dropping by 92 percent, from 14,699 to 1,241.”
As a ploy in contract negotiations, this tactic may prove effective, but it puts the NYPD in an unenviable position with respect to explaining what happens next. If this significant work slowdown has basically no effect on the safety of New York City, the NYPD’s prior policing will appear to have been needlessly aggressive, and the case for deploying more cops on the street in the future will be undermined. Scott Shackford zeroes in on this line from the Post article: “… cops were turning a blind eye to some minor crimes and making arrests only ‘when they have to’ since the execution-style shootings of Officers Rafael Ramos and Wenjian Liu.”
He riffs:
Well, we can only hope the NYPD unions and de Blasio settle their differences soon so that the police can go back to arresting people for reasons other than “when they have to.” The NYPD’s failure to arrest and cite people will also end up costing the city huge amounts of money that it won’t be able to seize from its citizens, which is likely the real point. That’s the “punishment” for the de Blasio administration for not supporting them. One has to wonder if they even understand, or care, that their “work stoppage” is giving police state critics exactly what they want—less harsh enforcement of the city’s laws.
That’s how some policing reformers see it. Others, like me, don’t object to strictly enforcing laws against, say, public urination, traffic violations, or illegal parking, but would love it if the NYPD stopped frisking innocents without probable cause or even reasonable suspicion, needlessly escalating encounters with civilians, and (especially) killing unarmed people, goals that are perfectly compatible with data-driven policing that targets actual disorder. Keep squeegee men at bay—and leave innocent black and Hispanic men alone.
What if the “broken windows” theory is correct and the work slowdown causes an increase in disorder and thus more serious crime? The NYPD will have put the safety and perhaps even the lives of New Yorkers in jeopardy to punish a politician for purportedly disrespecting them. Such a course might succeed in decreasing de Blasio’s popularity. But the public is unlikely to think that willfully putting New Yorkers in jeopardy to settle a political score is a forgivable tactic. It is certainly at odds with the notion that NYPD officers represent “New York’s finest,” heroes who willingly sacrifice themselves to protect and serve.
Due to de Blasio’s progressive politics and the political right’s reflexive “law and order” alliance with police, many conservatives are siding with the NYPD in its standoff with de Blasio. AlterNet reports that it has emails “revealing plans to organize a series of anti-de Blasio protests around the city” that are “billed as a non-partisan movement in support of ‘the men and women of the NYPD'” but actually orchestrated “by a cast of NYPD union bosses and local Republican activists allied with Rudy Giuliani.” The first rally is planned for January 13.
The right should greet it with the skepticism they’d typically summon for a rally on behalf of government workers as they seek higher pay, new work rules, and more generous benefits. What’s unfolding in New York City is, at its core, a public-employee union using overheated rhetoric and emotional appeals to rile public employees into insubordination. The implied threat to the city’s elected leadership and electorate is clear: Cede leverage to the police in the course of negotiating labor agreements or risk an armed, organized army rebelling against civilian control. Such tactics would infuriate the right if deployed by any bureaucracy save law enforcement opposing a left-of-center mayor.
It ought to infuriate them now. Instead, too many are permitting themselves to be baited into viewing discord in New York City through the distorting lens of the culture war, so much so that Al Sharpton’s name keeps coming up as if he’s at the center of all this. Poppycock. Credit savvy police union misdirection. They’re turning conservatives into their useful idiots. If the NYPD succeeds in bullying de Blasio into submission, the most likely consequence will be a labor contract that cedes too much to union negotiators, whether unsustainable pensions of the sort that plague local finances all over the U.S., work rules that prevent police commanders from running the department efficiently, or arbitration rules that prevent the worst cops from being fired. Meanwhile, Al Sharpton will be fine no matter what happens. Will the law-and-order right remain blinded by tribalism or grasp the real stakes before it’s too late? Look to National Review and City Journal before laying odds.
By: Conor Friedersdorf, The Atlantic, December 31, 2014
“Racism; It’s The Law”: What Institutional Racism Looks Like When We Finally Notice It
Smoke and fire, sirens blaring, horns honking, a sudden hail of bullets. This is what passes for the American dialogue on race and justice.
It’s hidden until it explodes.
“By 10 p.m.,” the Wall Street Journal informed us, “a St. Louis County Police squad car burned just down the street from the Ferguson Police Department, with spare ammunition ‘cooking off’ or exploding in the car.”
Those who want to shake their heads in disgust can do so. American institutional racism conceals itself so neatly from those who prefer not to see it and, of course, aren’t victimized by it. And then every so often something sets off the public trigger — an 18-year-old young man is shot and killed by a police officer, for instance — and the reality TV that is our mainstream news brings us the angry, “violent” response, live. And it’s always one side against another; us vs. them. It’s always war.
“But what is justice in a nation built on white supremacy and the destruction of black bodies?” Mychal Denzel Smith wrote in The Nation the day after the grand jury announced that police officer Darren Wilson would not be indicted. “That’s the question we have yet to answer. It’s the question that shakes us up and makes our insides uncomfortable. It’s the question that causes great unrest.”
What is justice, indeed? And beyond that question are the real questions, perhaps unanswerable. What is healing? What is peace?
If an officer had been indicted in Michael Brown’s killing, and then convicted on one charge or another, maybe that would have been justice, in a “case closed” sort of way. In our limited legal bureaucracy, justice means nothing more than punishment. Even when such justice is done, it changes nothing. The state’s “interest” has been satisfied and that’s all that matters. The terrible loss suffered by parents, friends and community would remain a gaping wound. And beyond that, the social brokenness and racism that caused the tragedy in the first place would remain unaddressed, unhealed.
But not even that minimal justice was in the cards for the loved ones of Michael Brown, or the occupied community in which he lived — because that’s not how it works. Officer Wilson, whatever he did inside or outside the state’s rules on the use of lethal force when he confronted Brown on the afternoon of Aug. 9, was just doing his job, which was controlling and intimidating the black population of Ferguson. He was on the front line of a racist and exploitative system — an occupying bureaucracy.
The New York Times, in its story about the grand jury verdict, began thus: “Michael Brown became so angry when he was stopped by Officer Darren Wilson on Canfield Drive here on Aug. 9, his face looked ‘like a demon,’ the officer would later tell a grand jury.”
This sort of detail is, of course, of immense value to those who sympathize with the police shooting and accuse the black community of endemic lawlessness. See! Michael Brown wasn’t just a nice, innocent boy minding his own business. He and his companion were trouble incarnate, walking down the middle of the street spoiling for a fight. He was Hulk Hogan. The cop had no choice but to shoot, and shoot again. This was a demonic confrontation. Politeness wouldn’t have worked.
If nothing else, such testimony shows the stark limits of our “who’s at fault?” legal system, which addresses every incident in pristine, absurd isolation and has no interest beyond establishing blame — that is to say, officially stamping the participants as either villains, heroes or victims. Certainly it has no interest in holistic understanding of social problems.
Taking Wilson’s testimony at face value, one could choose to ask: Why was Michael Brown so angry?
Many commentators have talked about the “anger” of Ferguson’s black community in the wake of the shooting, but there hasn’t been much examination of the anger that was simmering beforehand, which may have seized hold of Brown the instant the police officer stopped him.
However, an excellent piece of investigative journalism by Radley Balko of the Washington Post, which ran in September — “How municipalities in St. Louis County, MO, profit from poverty” — addresses the issue head on. He makes the point that local municipal governments, through an endless array of penny-ante citations and fines — “poverty violations” — torment the locals for the primary, or perhaps sole, purpose of keeping their bureaucracies funded.
“Some of the towns in St. Louis County can derive 40 percent or more of their annual revenue from the petty fines and fees collected by their municipal courts,” Balko writes. The fines are mostly for traffic offenses, but they also include fines for loud music, unmown lawns, “wearing saggy pants” and “vague infractions such as ‘disturbing the peace,’” among many others, and if the person fined, because he or she is poor, can’t pay up, a further fine is added to the original, and on and on it goes.
“There’s also a widely held sentiment that the police spend far more time looking for petty offenses that produce fines than they do keeping these communities safe,” Balko writes. “If you were tasked with designing a regional system of government guaranteed to produce racial conflict, anger, and resentment, you’d be hard pressed to do better than St. Louis County.”
Regarding the anger and resentment in communities like Ferguson, he quotes a longtime racial justice activist, Jack Kirkland, who says: “I liken it to a flow of hot magma just below the surface. It’s always there, building, pushing up against the earth. It’s just a matter of time. When it finds a weak point, it’s going to blow.”
And when it blows, we get to watch it on TV: the flames, the smoke, the rage, the ammo “cooking off.” This is what institutional racism looks like when we finally notice it.
By: Robert Koehler, Award-Winning, Chicago-Based Journalist and Nationally Syndicated Writer; The National Memo, December 29, 2014
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