Thursday, January 9, 2025
ECCA Is Not The Center
Wednesday, January 8, 2025
ME: Demanding Religious Discrimination Funding
Once again, it's the argument that taxpayers must be forced to fund discrimination.
Maine ended up in this debate because they already had a voucher program, created so that communities that couldn't afford to operate a school could send students to schools elsewhere, including private schools. But on the heels of Trinity and Espinoza, some folks decided to see if they could get the courts to take their new version of the First Amendment one step further.
Could they successfully argue that it's religious discrimination and an interference with the right of Free Exercise if the state didn't force taxpayers to help fund the private religious school? Hence the Carson v. Makin case.
SCOTUS said, "Sure!"
Noah Feldman, a Harvard law professor, had called this one after Trinity, writing:It’s the first time the court has used the free exercise clause of the Constitution to require a direct transfer of taxpayers’ money to a church. In other words, the free exercise clause has trumped the establishment clause, which was created precisely to stop government money going to religious purposes.In her Carson dissent, Justice Sotomayor also nailed it:
After assuming away an Establishment Clause violation, the Court revolutionized Free Exercise doctrine by equating a State’s decision not to fund a religious organization with presumptively unconstitutional discrimination on the basis of religious status.Not an exaggeration. Chief Justice Roberts offered that rationale for the decision:
In particular, we have repeatedly held that a State violates the Free Exercise Clause when it excludes religious observers from otherwise available public benefits.
But that, it turns out, is not enough.
Maine had put in place an amendment to its anti-discrimination law, saying that taxpayer dollars couldn't go to a school that was violating those anti-discrimination laws.
The schools in the original lawsuit said that under those conditions, they would not accept voucher money (in other words, you cannot pay them enough to accept LGBTQ persons or "un-saved" individuals in their schools). Don't take away their ability to discriminate.
Not that they admit to discrimination. The spokesperson for the American Association of Christian Schools gave the AP this swell quote back in 2022:We don’t look at it as discrimination at all. We have a set of principles and beliefs that we believe are conducive to prosperity, to the good life, so to speak, and we partner with parents who share that vision.This is not surprising rhetoric. There's a whole industry out there about helping Christian schools make sure they are only serving "mission-appropriate" families. It's not that they are discriminating against anyone; they're just refusing to serve people who aren't aligned with their values.
ID: Pushing Vouchers Again
Idaho is a GOP stronghold, but it has so far resisted the idea of school vouchers. Governor Brad Little has announced that he would like to change that.
Idaho has charter schools, and their public school system has implemented the most obvious solution for the old "education shouldn't depend on your zip code" complaint by allowing students to attend any public school in the state (though transportation is no small barrier in Idaho).
The barrier against taxpayer-funded school vouchers has been Republicans. When the Education Savings Account bill failed in 2023, it hit a wall of GOP legislators who actually remembered some traditional GOP principles. As the Idaho Stateman reported:
“It’s actually against my conservative, Republican perspective to hand this money out with no accountability that these precious tax dollars are being used wisely,” said Sen. Dave Lent, R-Idaho Falls.
Senator C. Scott Grow complained, "I have absolutely no clue what the dollar amount is on this.”
Citing the explosive growth of programs like those in Florida and Arizona, folks pointed out that the program could get pretty expensive, pretty fast-- and no oversight of how that was spent was included in the bill.
That failure undoubtedly shaped the program that Little proposed in his state of the state address.
Little declared, "Just like we do with every taxpayer dollar that is spent in government, we will ensure there is oversight in school choice." Any school choice measure must be "fair, responsible, transparent, and accountable." Also, he declared that "it must not take funds from public schools." He set the cap for the program at $50 million.
Little's speech came hours after just such a bill was announceed by Representative Wendy Horman at a pro-voucher event sponsored by the Mountain States Policy Center, yet another right wing thinky tank advocacy group tied to the State Policy Network and ALEC. Hornan has pushed for vouchers before, parroting the "civil rights issue of our time" talking point.
Horman told that crowd that she intended a voucher law with no income limits; every family, no matter how wealthy, can have taxpayers subsidize their private school. According to the Idaho Statesman, Gorman said she's proposing tax credits of $5,000 for families whose children were not in public school. The proposal appears to be an education savings account style voucher, allowing families to spend their tax credit on any number of education-adjacent expenses.
The tax credit is a familiar dodge that allows politicians to say, "No funds will be taken from public schools." Because the money never gets into the government's hands. But the credits still blow a hole in the government budget. The Kentucky Supreme Court struck down just such an arrangement; “The money at issue cannot be characterized as simply private funds,” they wrote, “rather it represents the tax liability that the taxpayer would otherwise owe.”
It remains to be seen if this can fly. Huge areas of Idaho have no private schools at all, and resistance to taxpayer-funded vouchers is still strong. In a debate with Horman last month, Rod Gramer, former president of Idaho Business for Education, it’s an “existential threat” to public education and “the most expensive government handout in the history of the United States.”
The End of the Public Cyber-Square
Tuesday, January 7, 2025
The Free Market In A Small Town
I live in a small town in a small town region. A little over 6,000 in the city, somewhere around 50,000 in the county. We're in northwest Pennsylvania, about halfway between Pittsburgh and Erie, so not the kind of brutal isolation that a small town in Nebraska or Montana experiences.
We were fairly wealthy once upon a time 150 or so years ago, we were the heart of the oil industry, and our cities are still marked by some of the buildings that our local wealthy folk erected. But that was another time. We are not some sad and hollowed out disaster of a town. We have a functioning arts community, plenty of outdoor recreation, and some community festivals that light up the region. People move here because we are in many ways the picture of that idealized small town life that is part of how we Americans view ourselves.
We are, in short, probably better off than the average small town.
But there are too few of us, with too little money, to make us a very attractive market, and when you aren't a very attractive market, the invisible hand of the free marketplace just kind of waves at you on its way to some place a little more lucrative.
Much of what has happened here is a familiar story. A mall went up many decades back and kneecapped the downtown stores. Then Walmart came and kneecapped the mall. I would love to avoid giving the Waltons any of my money, but for many goods there are no alternatives here. Other than, of course, Amazon.
If I want to "ethically source" some items, it becomes a chore. I don't know if you've shopped much at Walmart, but what I find remarkable is how little selection they actually offer. I needed a toaster-oven. They had only a couple of choices, all too similar to the one I bought from them the last time and which turned out to be largely useless. We have lots of nice little shops in the area that can sell some nice stuff, but not toasters, so I hopped on line to hunt down an acceptable toaster which I would have to select based on pictures and descriptions because I cannot see it or heft it. This is exponentially less annoying than trying to shop for shoes for my non-standard feet. After days of research, I find the item, and I even order it from someone other than the House of Bezos, though I can't be certain I didn't just give money to some different awful person. And I'm also aware that shopping for a more-ethical option is a privilege that not all my neighbors can afford.
The free market does not like places without a lot of money. You can shoot me messages about the latest thing proper lefties are supposed to boycott, but chances are there isn't such a place within fifty miles (Starbucks? Fat chance).
We at least still have a hospital (through a bizarre fluke involving a lawsuit and a story too long to tell here). My niece lives a few towns over in a larger city that as of the new year has no hospital at all. We still have a large unit in the county, a wing of Pennsylvania's leading health care behemoth, but it is inadequately staffed with a group of folks who are trying their damnedest to compensate for their employer's neglect and disinterest.
For folks who are sure that the free market can do a better job than the United States Postal Service--well, UPS and FedEx have closed their customer facing offices here, so if you want to send something with them, you'll have to prepare and tag the package yourself before leaving it on a table at some pick-up spot (that you'll have to find by searching on line). As always, private carrier deliveries will only happen in town-- if you live out in the boonies, the delivery companies will hand your package to USPS to complete the delivery.
We have some nice local restaurants and for chains, just the basics of fast food. We have a small airport, but no commercial flights any more. We have may shops in town, many of which are "hobby shops" run by people who are more attached to the idea of running a business than making a living at it.
When I think about the free market true believers and their approach to education, I wonder if they really understand how little the free market could accomplish here. Our local Catholic school system has shrunk to nothing but a single K-6 school. There is a private Christian school that controls costs by replacing teachers with computers.
There are just over 5,500 students in the whole county. Cyber charters regularly bleed off a couple hundred of those (though that is often temporary). Like most small town areas, folks here consider the schools a big part of the community identity. And almost all of those schools are Title I schools, meaning that families aren't sitting on big piles of money they can spend for a quality private school (if such a school were available locally).
I don't hate the free market, and it has done some mighty nice things for this community. But the free market likes marketplaces flush with cash and customers, and most small town and rural areas aren't. This is Dollar General territory, a store whose whole business model is "If we give folks with few alternatives the very bare minimum of service and product quality, maybe we can turn a profit."
That is not the business model we need for education. We already know that it's not working for health care--spotty-if-at-all, minimally capable service. Turning education into a free market, you're-on-your-own consumer good will not serve us well. If the goal is going to be providing the best possible education for every child in the country, the free market is uniquely unable to pursue that goal.
Come visit us here. It's a beautiful place to live and work and even be a tourist. I'll give you a tour and show you the sights. But don't ask us to depend on the free market to get us top quality education for our children.
Sunday, January 5, 2025
Your New District Chatbot
You'll see these stories popping up all over, and if the story isn't about your district, chances are it will be stoking some administrators Fear Of Missing Out. But the FOMO seems sadly misplaced.
Greenwich Time ran its story by Jessica Simms about the Greenwich School District's new chatbot under the headline, "Meet Greenwich Public Schools new chatbot who won't say why the district got rid of tacos at lunch," and that's the closest it comes to taking a critical look at this Connecticut school district's addition of a cutesy chatbot.
Does a story about a chatty LLM website mascot have to take a critical look? Yes, it does, because every story about "AI" should be reckoning with the question. "Is this worth the power, ecological and financial cost?" (Also, will it fail disastrously and compromise student data in the process?) "Does it have a cute avatar attached" probably shouldn't be near the top of the list.
The GPS website has a cute chat invite in the bottom corner, not unlike the standard help-chat box on many sites (all of which trigger, for persons of a Certain Age, Clippy-related trauma). It greets you-
My name is G.P. Sleuthhound and I am relentless and stubborn on a scent. I serve as the Greenwich Public Schools chatbot.
As my name tells you, I can do one thing better than any creature on earth: track down the answer to your question on our website.
How can I help?
The district's director of communications says the department is loaded with dog lovers, and bloodhound is on point, so there we are. G.P. even has a little deerstalker hat. According to the district, the chatbot is "a more advanced search bar," except that LLMs don't make particularly good search engines. Also, this product is confined to the school's website, which means the job doesn't require a particularly clever search engine any way.
The district is using AlwaysOn, a company that promises turnkey chatbots for districts. The company was founded in 2021 and "sponsors" many states' Public Relations Associations (like California's version). Located in Newport Beach, CA, its name guarantees that it is hard to track on line. Its LinkedIn profile says it has 2-10 employees.
AlwaysOn was founded by Teddy Daiber. Daiber graduated from Brown University with a degree in economics (and some history on the Lacrosse Field, including big time private high school play). Daiber was an analyst at Barclays, worked the commodities desk at Citi, then started founding things. In 2014 it was Poolit, an online content save-and-share outfit, then in 2016, Head of Customer Success for Informed K12, a workflow automation operation for schools.
In 2021, he was launching his new business. The Oct/Nov 2021 issue of the Palm Springs Unified School District news letter announced a new chatbot for helping navigate the website, including some quotes from Daiber, listed there as the CEO of Otto Technologies. At that point, the product was Otto Chatbot, launched in the spring, with PSUSD as one of its first customers. Daiber and district admins are excited about how the product helps people find information on the website (which begs the question, "How much of this would be unnecessary is more school websites sucked less?")
An awful lot of the pitch does seem to be about being able to search the website for information. Here's what the AlwaysOn website says about the chatbot-search engine distinction:
Website search is just a keyword search with no intelligence and limited data. Search doesn’t improve over time and is completely dependent on what words you use in your search. Search lacks conversational or discovery features that create a great customer experience, and all the work is on the stakeholder to sort through the results to find the best information.
Chatbots use Artificial Intelligence and Natural Language Processing to interpret and understand what exactly a stakeholder wants when they ask a question. Chatbots organize and return the best answers and information. Chatbots also automatically improve from each interaction, work in multiple languages, and provide insightful analytics on the most popular questions and topics.
A chatbot can "interpret and understand exactly what a stakeholder wants when they ask a question"??! That is some powerful magic indeed.
The company is clear on where the chatbot can search (just your school site) but not so clear on how and on what content the bot has been trained. It is clear that it does not save personal user info, but collects general info with an aim to analyze what people are trying to find out.
Attaching the AI label to this dedicated search program invites users to imagine capabilities that it doesn't have. Simms looked through questions that have been asked and found items like "why did they get rid of tacos" and "who does the most work at GPS." The chatbot couldn't answer those.
I tried the chatbot out myself. "When were Greenwich schools founded?" I asked. "Various times," G.P. replied, then went on to provide the info about just one school, plus info about the founding of the town. I asked who the youngest staff member is. The chatbot replied with a bunch of excerpts from the website that included the word "youngest." I asked it "who teaches the highest level of English" and it replied "The highest level of English is taught by Certified English Language Learner (ELL) teachers in Greenwich Public Schools." All of its answers come with a link to the location on the website where it found its answer.
I asked it if Monday's lunch will be delicious. It told me that this month the cafeteria is featuring "delicious zucchini." I asked it to write me a limerick about kindergarten. It gave me a list of excerpts from the website that list the word "kindergarten."
Yeah, this "chatbot" turns out to be not very good at interpreting and understanding what the user really wants, and mostly functions like a mediocre search engine. But it does let the school district declare that it is right out there on the cutting edge with some of that AI stuff that is supposed to be so cool, even if the cutting edge looks a lot like search engines from five years ago.
AlwaysOn and Greenwich schools just happen to be the ones that crossed my screen-- there are loads more of these things out there. School districts with a bad case of FOMO teaming up with vendors who have figured out that AI is a great marketing tool. You remember when Common Core was The Big Thing and every publisher slapped "Common Core" on their same old stuff because it helped with marketing? The AI revolution in education feels a lot like that.
It would all be kind of cute and amusing if AI weren't using up money and electricity and water and computing capacity that could be put to better use than creating an image of a bloodhound with Sherlock Holmes fashion style. Keep an eye open in your neighborhood.
Special note to journalists. It took no special ton of time or effort for me to find the background for AlwaysOn or try out its capabilities, and only slightly more regular effort to be slightly informed about AI stuff. Please make those efforts, and the next time someone shows up with a Gee Whiz press release or pitch about some AI-in-education awesome sauce, please exercise a little critical examination and research. Because if all you're going to do is take in what they say and just push it back out again, I know a digital bloodhound that can do your job.
ICYMI: Back To It Edition (1/5)
So much for the holidays. Now we all get back to it, whatever your personal "it" might be. Personally, I'm trying to pick up the banjo more often. Not my primary or even tertiary instrument, and as a banjo player, I'm a pretty good trombonist, but there's great value in stretching.
My other "it" of course is reading and writing, and this week we're back to a big list of stuff (including some catch-up reading). Here we go--
"Back in my day, teachers used to grade the essays..."Right-wing Oligarchs and Education
As you’ve often argued, the point is that if knowledge is not in your head, then it is not usable to you. What’s more, with complex interconnected content that is new to your brain, it's going to take real work to "move it in" to working memory for creative thought. We do not have Matrix-like download capacities (yet)!Educators worry as Tennessee's new voucher plan could divert funds from public schools
The privatization push is on in Tennessee.
Large Language Models (misnamed AI) are Not Intelligent