Mitt Romney's willingness to prostrate himself has been one of the many unpleasant surprises of the last year. At first, he was one of the GOP voices of reason, calling Trump a phony and a fraud who was “playing members of the American public for suckers.” Then Herr Trump waved the Secretary of State job, and Mittens set himself up for this:
Perhaps this was the very moment when he realized that he was never even going to be on the short list for Secretary, that Trump was exactly a very Trumpian revenge. Mittens took back all the mean things he said and made the trip to kiss the ring, only to be rejected and ignored. Give Herr Trump credit-- no politician has ever executed a more perfect F#@! You to a former rival.
And yet, this week, here comes Romney in the pages of the Washington Post to stick up for Trump's USED nomination, Betsy DeVos. There could be any number of reasons-- DeVos was a Romney supporter, and she circulates in the same circles of rarified richness where Trump aspires to visit, but Romney and DeVos actually live.
At any rate, Romney's defense of DeVos is really an indictment of his own failure to understand anything about education in the world of the Lesser People.
Romney understand the ed reform debates as being mostly about money.
Essentially, it’s a debate between those in the education establishment who support the status quo because they have a financial stake in the system and those who seek to challenge the status quo because it’s not serving kids well.
See that? Everyone who opposes ed reform is someone trying to make a buck off the system; the education "establishment" couldn't possibly be made up of people who have devoted their adult lives to public education, who are trained and experienced experts who understand what works and what doesn't.
And then he launches his argument in favor of DeVos.
First, he uses the old "she's rich, so she's impartial" argument. This is actually clever-- because DeVos, who inherited and married money, has never had to work for a living, she's unbiased (because being aware of and concerned about the interests of people who have to make a living is a kind of bias?) Her lack of anything remotely resembling experience with public education is a plus, you see, because she didn't come from an education job and she won't be looking for one afterwards, and so she can be perfectly unbiased while in office.
Her qualification? She "cares deeply about our children." My first question is, what does Romney mean by "our," because empathizing with that 47% of the public that is freeloading off the rich is not a Romney strong suit. If by "our" he means "we people who really count," then he may well be right.
My second question is-- seriously, is that the best qualification you can come up with? She cares deeply? When you go looking for medical treatment, do you look for an actual trained and experienced physician, or just some rich person who really cares about your health?
Next, Romney says its important to have someone who will challenge the status quo, and he pulls out the observation that we spend more for education now than we did in 1970. The establishment calls for smaller classes, which is just their sneaky way to get more teachers and more money-- certainly not because there's reason to believe that it works. And then Mitt goes on to explain that when he sent his kids off to school, he found a really cheap one where students were shoved into classrooms of 200-- ha, no, just kidding! Romney's children went to the Belmont Hill School for Boys, a school founded in 1923 by seven men looking for a school "that would allow for small classes and personal accountability." The student-teacher ration is 6:1. Tuition costs are about $35,000 per year.
The number Mitt throws out (based on CATO research) is $164,426 for K-12. Meanwhile, it costs $210,000 to put a boy through six years of the Belmont Hill School.
So when Romney says we spend too much on educating students, he actually means that we spend too much money educating students who don't come from rich families. You know. Those People.
Romney says that the "interests opposing DeVos's nominatoin" (you know-- those shadowy interests) keep mentioning that her work in Detroit has not worked out well. He tries to trot out some studies that show charter students doing better than the general population, which, given the freedom to cherry pick students, ought to be true. But it isn't. They have not only failed to succeed on their own, but the charter effect on the public system and the communities they are supposed to serve has been disastrous. Need another article-- there are plenty, including this indictment of Detroit charters by Doug Harris, who has been a charter cheerleader for New Orleans. Harris's most stinging point-- even charter-friendly philanthropists have stopped investing in Detroit's charter scene.
Romney also wants to debunk the criticism that DeVos has fought against any oversight or regulation for Michigan charters. All she wanted to do, he insists, is oppose "a new government bureaucracy intended to stifle choice and limit competition in Detroit education." Well, yes-- limiting by insisting that Detroit charters actually provide an education and account for how they're spending taxpayer money. The facts here are that DeVos opposed-- successfully--oversight that even many charter fans welcome, like not allowing a failing charter to open new branches.
Romney trots out his own experience in Massachusetts (class size doesn't matter at all) and winds back around to his main idea-- education is best served by people "who have no financial stake in the outcome" which-- wait! what? Do you suppose Mittens understands that he just argued against free-market competition as a instrument of school reform-- because that whole free-market competition thing-- which DeVos loves like she loves Jesus-- is supposed to work because when people have a financial stake in how a charter school does, they will work harder and be more innovative.
Hilariously, Romney's example of How This Works is McKinsey and Company, the king of consulting (which, I believe, involves being paid money in order to help other people make more money) and their insights into education.
So what's going on here? Is Romney a conservative or not? Does he believe in the healing, constructive power of money, or not?
Here's my best read. Romney is a plutocrat, a bettercrat who believes that Things Should Be Run by the Better Sort of People. For these folks, money is not the objective, and making more of it is not the goal-- it's just the way you keep score. If you have more money, that proves you're the Better Sort of Person. Trump has failed throughout his life to make it into these circles precisely because he doesn't understand that a true Bettercrat doesn't wave the money around, buy shiny stuff with it, fight over it, or actively pursue it.
I believe that Romney really believes that people who have no financial interest should run schools because their richness shows that they are the Better Sort of People who should run these things. But Bettercrats can't shake their belief that the only proof of success is "did it make money?"
I am truly excited that someone of Betsy DeVos’s capability, dedication
and absence of financial bias is willing to take an honest and open look
at our schools. The decades of applying the same old bromides must come
to an end. The education establishment and its defenders will
understandably squeal, but the interests of our children must finally
prevail.
Capable of what? Romney never really got into that. But she's dedicated, and she's wealthy, and that should be good enough for the rest of us who are, tellingly, described as "squealing" rather than "opposing" or "arguing." We are like farm animals, not like fellow human beings who matter just as much as plutocrats. We should just shut up and let our Betters do as they will.
Sunday, January 8, 2017
ICYMI: Last Gasp Weekend Edition (1/8)
Some readings from the week. Share what speaks to you, so that it can speak to other folks.
10 New Years Resolutions for Those Taking Charge at US Department of Education
Rick Hess of the American Enterprise Institute is reformster through and through, and Betsy DeVos has contributed to AEI, but this still makes for an interesting list of suggestions for the new regime
We Know What Works in Teaching
I found this by way of a former student who now teaches on the college level. Here's what we do and don't know about how to teach composition. maybe we could, you know, use the working stuff and stop doing the other foolishness.
Need for Cash Puts Charter Schools in Questionable Company
A look at how the need to generate revenue is making mess out of Ohio charter schools
I Can't Answer These Questions About My Own Poems
The blogging highlight of my last couple of weeks? I got to see this before the rest of y'all because Sara Holbrook is friend of this blog. This piece has traveled far and wide, but if you haven't seen it yet, you must. This is how inarguably nuts the Big Standardized Test biz has gotten.
How To Teach a Middle School Class in 49 Easy Steps
I used to teach in middle school. This seems close to what I remember.
Garrison Keillor Is Done
Keillor has not taken the Trump election well. This piece is worth reading for the last line alone.
Ten Questions for Betsy DeVos
Fellow Pennsylvania Russ Walsh would like our Senator Casey (who serves on HELP) to ask DeVos these questions. It's nice to dream, anyway.
Good Business Models for Education
We don't talk enough about the fact that reformsters don't just want to schools to be run with business practices, but with bad disproven business practices. Here's Sam Abrams in the LA Times suggesting some better business practices to use.
10 New Years Resolutions for Those Taking Charge at US Department of Education
Rick Hess of the American Enterprise Institute is reformster through and through, and Betsy DeVos has contributed to AEI, but this still makes for an interesting list of suggestions for the new regime
We Know What Works in Teaching
I found this by way of a former student who now teaches on the college level. Here's what we do and don't know about how to teach composition. maybe we could, you know, use the working stuff and stop doing the other foolishness.
Need for Cash Puts Charter Schools in Questionable Company
A look at how the need to generate revenue is making mess out of Ohio charter schools
I Can't Answer These Questions About My Own Poems
The blogging highlight of my last couple of weeks? I got to see this before the rest of y'all because Sara Holbrook is friend of this blog. This piece has traveled far and wide, but if you haven't seen it yet, you must. This is how inarguably nuts the Big Standardized Test biz has gotten.
How To Teach a Middle School Class in 49 Easy Steps
I used to teach in middle school. This seems close to what I remember.
Garrison Keillor Is Done
Keillor has not taken the Trump election well. This piece is worth reading for the last line alone.
Ten Questions for Betsy DeVos
Fellow Pennsylvania Russ Walsh would like our Senator Casey (who serves on HELP) to ask DeVos these questions. It's nice to dream, anyway.
Good Business Models for Education
We don't talk enough about the fact that reformsters don't just want to schools to be run with business practices, but with bad disproven business practices. Here's Sam Abrams in the LA Times suggesting some better business practices to use.
Saturday, January 7, 2017
How Privatization Works (Part 2,351,142)
Here's a recent story from the DC area Fox affiliate that shows how things play out when you privatize a public service.
In this case, the service is roads. And this picture tells you what you need to know.
That's right-- $30 to use the express lane.
Express lanes are managed by Transurban, an Australian company that manages, develops, and owns urban toll roads. There's a whole website just for the express lanes of Transurban's piece of the giant paved hellhole that is DC roadways, and it offered an explanation of why they were suddenly gouging commuters on this particular evening:
Tolls for the Express Lanes are dynamic, meaning they change periodically based on real-time traffic conditions to keep the Lanes free-flowing. Because toll prices are based on demand, it is difficult to predict exactly what the tolls will be at any given time.
Tolls can range from as low as $0.20 per mile during less busy times, and up to approximately $1.00 per mile in some sections during rush hour. However, rates may rise significantly above the typical range for periods of time in the event of unusually heavy congestion or a specific event like a traffic accident or lane(s) closure.
Dynamic pricing means that tolls on the Express Lanes change periodically to keep the Lanes free-flowing. Sensors alongside the road monitor traffic levels and speed, and toll prices adjust to maintain free-flowing conditions in the Lanes – even during peak times – to provide value to customers. A network of electronic signs displays the latest toll prices.
Those of you who aren't east coasters may note that tolls for the express lanes are EZPass, a nifty system by which you put a sensor in your car and just breeze through toll booths and pay your toll electronically. So if you are plenty wealthy, or driving a company car, a toll like this doesn't affect your travels other than by keeping the riff-raff off the road so that you can still enjoy a speedy express lane trip. Perhaps that's what we mean by "provide value to customers." Of course, providing value to one customer means discouraging or blocking other customers from using the service at all. And suddenly-- voila!-- you can end up paying taxes to create a public service that you can't afford to use yourself.
All of this makes perfect business sense, right down to using high prices to manage demand for a service that is momentarily "scarce." Sure, it means that you have to forget the whole purpose of the operation in the first place-- in this case, providing roadways that serve all drivers in the DC area and keep the community as a whole functioning well. Now, instead of a single efficient(-ish) public roadway system, you get a two-tiered system, with better services for those who can afford them, and a guaranteed profit for private interests. Does this all seem vaguely familiar?
This will sound familiar, too. The argument for privatizing key roadways is that the state doesn't have enough money to do a really good job, and by bringing in private corporations, the service can get a great new infusion of cash and support-- an odd argument, since no corporation will fail to get every cent of their cash back, and then some, and the public will have lost any say over this. DC customers who find the price of the express lane obnoxious are free to call a "customer service" number at the company and register their distress with an answering machine. Good luck with that.
This is how charterized roads work-- service for some people, big costs for all people, and a voice for no people.This is what privatizing a public service looks like. (This is also, incidentally, what Herr Trump's proposed umpty-zillion-dollar infrastructure plan look like-- use a pile of money to get companies like Transurban to buy and run a bunch of US infrastructure.) (It is also a good analogy for the whole argument about net neutrality.)
Private enterprise and the free market do not-- can not-- value all customers equally. Some customers are "worth" extra attention and service, and some customers (poor customers, customers who can't pay to make themselves worth the company's while) are "worth" little or no service at all.
If we intend to hold onto the value that there are some services that ALL Americans deserve, we cannot privatize those very services. If we want to say that America is a country where we declare that some people just don't deserve anything-- well, then, we need to have some hard conversations about what that means to our national and personal character.
In this case, the service is roads. And this picture tells you what you need to know.
That's right-- $30 to use the express lane.
Express lanes are managed by Transurban, an Australian company that manages, develops, and owns urban toll roads. There's a whole website just for the express lanes of Transurban's piece of the giant paved hellhole that is DC roadways, and it offered an explanation of why they were suddenly gouging commuters on this particular evening:
Tolls for the Express Lanes are dynamic, meaning they change periodically based on real-time traffic conditions to keep the Lanes free-flowing. Because toll prices are based on demand, it is difficult to predict exactly what the tolls will be at any given time.
Tolls can range from as low as $0.20 per mile during less busy times, and up to approximately $1.00 per mile in some sections during rush hour. However, rates may rise significantly above the typical range for periods of time in the event of unusually heavy congestion or a specific event like a traffic accident or lane(s) closure.
Dynamic pricing means that tolls on the Express Lanes change periodically to keep the Lanes free-flowing. Sensors alongside the road monitor traffic levels and speed, and toll prices adjust to maintain free-flowing conditions in the Lanes – even during peak times – to provide value to customers. A network of electronic signs displays the latest toll prices.
Those of you who aren't east coasters may note that tolls for the express lanes are EZPass, a nifty system by which you put a sensor in your car and just breeze through toll booths and pay your toll electronically. So if you are plenty wealthy, or driving a company car, a toll like this doesn't affect your travels other than by keeping the riff-raff off the road so that you can still enjoy a speedy express lane trip. Perhaps that's what we mean by "provide value to customers." Of course, providing value to one customer means discouraging or blocking other customers from using the service at all. And suddenly-- voila!-- you can end up paying taxes to create a public service that you can't afford to use yourself.
All of this makes perfect business sense, right down to using high prices to manage demand for a service that is momentarily "scarce." Sure, it means that you have to forget the whole purpose of the operation in the first place-- in this case, providing roadways that serve all drivers in the DC area and keep the community as a whole functioning well. Now, instead of a single efficient(-ish) public roadway system, you get a two-tiered system, with better services for those who can afford them, and a guaranteed profit for private interests. Does this all seem vaguely familiar?
This will sound familiar, too. The argument for privatizing key roadways is that the state doesn't have enough money to do a really good job, and by bringing in private corporations, the service can get a great new infusion of cash and support-- an odd argument, since no corporation will fail to get every cent of their cash back, and then some, and the public will have lost any say over this. DC customers who find the price of the express lane obnoxious are free to call a "customer service" number at the company and register their distress with an answering machine. Good luck with that.
This is how charterized roads work-- service for some people, big costs for all people, and a voice for no people.This is what privatizing a public service looks like. (This is also, incidentally, what Herr Trump's proposed umpty-zillion-dollar infrastructure plan look like-- use a pile of money to get companies like Transurban to buy and run a bunch of US infrastructure.) (It is also a good analogy for the whole argument about net neutrality.)
Private enterprise and the free market do not-- can not-- value all customers equally. Some customers are "worth" extra attention and service, and some customers (poor customers, customers who can't pay to make themselves worth the company's while) are "worth" little or no service at all.
If we intend to hold onto the value that there are some services that ALL Americans deserve, we cannot privatize those very services. If we want to say that America is a country where we declare that some people just don't deserve anything-- well, then, we need to have some hard conversations about what that means to our national and personal character.
Friday, January 6, 2017
The DeVos in the Details
The United States Senate Committee on Health, Education, Labor and Pensions (yes, HELP has apparently taken a position on the Oxford comma) has a basic form that executive branch nominees have to fill out. The nice folks at Politico are hosting an on-line copy of the 23-page public portion of that paperwork as filled out by USED Secretary nominee Betsy DeVos (thanks, Jennifer Berkshire). So even though we've all been digging after DeVos and examining the leaves in her high-priced tea, this is an opportunity that cannot be passed up. What does her job application for the post of Secretary of Education tell us?
DeVos and I would have been in the same classes in high school if I had gone to an exclusive private Christian school (for exclusive private Christians). She attended Calvin College (a private Christian liberal arts college in Grand Rapids) from the fall of 1975 until graduation in 1979.
Employment
I've accused DeVos of never working a day in her life. Turns out I'm a little bit wrong on that count. DeVos held down two jobs in college. First (January '76) came a job at Gantos, a Grand Rapids retailer specializing in "private label and name brand apparel." Then in May of '76, she added a third shift at the visor factory operated by Prince Corporation, the auto parts company founded by her father, Edgar Prince. She kept both till February of her senior year.
After that, she worked for Amway as a marketing analyst until November of '82, also spending most of '82 as an Amway Independent Business Owner and a Color One Consultant. She stayed with Color One until January of '84, which was the same year that Richard DeVos was promoted to Amway vice-president.
Lining any of this up against any personal milestones turns out to be a challenge-- I cannot find any statement about the DeVos-Prince wedding more specific that "in the early 80s." Nor is it clear when, exactly, the four children were born. Youngest Ryan appears to have graduated from college in 2013. Oldest son Rick was a self-described "visionary" at the age of twenty-one in 2003. [Update: According to the NYT, they married in 1979, so, right after she graduated from college.]
At any rate, Betsy was out of the workforce until 1989, when she helped launch the Windquest Group. From there on, her career is a list of directorships of various corporate money-managing and investment entities. She also has held honorary/advisory positions with the Michigan Council of Arts and Cultural Affairs, The Kennedy Center, and the Library of Congress Trust Fund.
Awards and Memberships
DeVos has been handed oodles of awards, starting with a Travis City Chamber of Commerce Athena Award (a business excellence award for the ladies), some more chamber and business awards, some historical preservation awards, and then, more recently, some awards like the 2014 William F. Buckley Jr. Prize for Leadership in Supporting Liberty and Leadership in Political Thought and a whopping four awards in 2016, including the Michigan Information Research Service Political Figure of the Year.
Memberships
DeVos has belonged to a wide variety of groups. Three yacht clubs and three country clubs. The Windsor Club ("the premier private business and social Club in Windsor and Essex County," where you can "dine in elegance" and "impress everyone"). The Detroit Athletic Club ("Before the era of country clubs and long before the Civil Right's Revolution opened opportunities for women, there were exclusive clubs in most cities where powerful men met to discussion deals, finances and politics"). Some business groups. She's a long-time member of the advisory council for the Potters House School, the institution she cites for sparking her edu-reformster fervor. And, oh, that fervor.
DeVos's edu-poli-reformster groups include: the Education Freedom Fund, GLEP Education Fund, Great Lakes Education Foundation, Kids Hope USA, Advocates for School Choice, All Children Matter Inc., Alliance for School Choice, American Federation for Children, Foundation for Excellence in Education (the Jeb Bush group), Excellence in Education in Action, The Philanthropy Roundtable, the American Enterprise Institute, Dick and Betsy DeVos Family Foundation, and American Opportunity Alliance.
It's an impressive list, a sign of just how invested in reformsterism DeVos is. It's one more reminder just how little investment she has in the public school system she's about to take responsibility for.
Political Activity
DeVos was sent to her first Michigan GOP convention in 1980, when she was just a twenty-two year old heiress. She scored her first national GOP convention gig as an alternate in 1984. She has never not been involved in the GOP's business, including two state chairperson gigs-- and those are elected. The GOP in Michigan likes her just fine, and she has been active in the party her whole adult life.
Political Contibutions
Holy shniekies. Nine and a half pages, at about 47 items per page. So around 450. Did I mention that this list is for the last five years only?
DeVos has spread her money far and wide. Let me just hit some alphabetical highlights so you can see just how far:
AFC Action Fund for Pennsylvania-- $15,000 (2014)
Alabama Federation for Children-- total of $150,000 (2014, 2016)
Allen West for Congress-- $1,000 (2012)
Altipac (the PAC arm of Amway's parent company)-- $15,000 (2014-2016)
American Federation for Children-- grand total of $1,070,000 (2012, 2014-2016)
Arkansas Federation for Children Action Fund-- $25,000 (2016)
Bennet for Indiana-- $5,000 (2012)
Bryan Holloway for NC House-- $750 (2012)
Carly for President-- $2,700 (2015)
Citizens for Rauner, Inc-- $1,000 (2014)
Conservative Solutions-- $100,000 (2016)
Deal for Governor, Inc-- $1,000 (2014)
Eric Holcombe for Governor of Indiana-- $10,000 (2016)
Friends of Scott Walker-- $10,000 (2013)
GLEP-- $235,000 (2012, 2013)
Great Lakes Education Project-- $100,000 (2015,2016)
House Republican Campaign Committee-- $320,000 (2012-2016)
Jeb 2016-- $2,700 (2015)
Jindal for President-- $2,700 (2015)
John McCain for Senate-- $1,000 (2016)
Joni for Iowa-- $2,600 (2014)
Julie Killian for NY State Senate-- $500 (2016)
Kasich for America-- $2,700 (2015)
Liz Cheney for Congress-- $1,350 (2016)
Louisiana Federation for Children-- $100,000 (2015)
Marco Rubio for President-- $2,700 (2015)
Marco Rubio for Senate-- $5,400 (2016)
McCrory for Governor-- $4,000 (2012)
Michigan Chamber PAC-- $30,000 (2012-2016)
Michigan Republican Party-- $652,000 (2012-2016)
Missouri Republican Party-- $10,000 (2016)
Nevada Federation for Children PAC-- $55,000 (2016)
New Hampshire for Scott Brown-- $5,200 (2014)
New Mexico Republican Party-- $5,000 (2016)
Pam Bondi (yes, that one) for Attorney General-- $500 (2013)
Republican Governor's Association-- $125,000 (2012-2016)
Republican Party of Florida-- $10,000 (2016)
Romney for President-- $5,000 (2012)
Sean Bradley for Denver City Council-- $500 (2015)
Senate Leadership Fund-- $300,000 (2016)
Steve Daines for Montana-- $5,200 (2014)
Tennessee Federation for Children PAC-- $115,000 (2014)
Weiser for U of M Regent-- $10,200 (2014, 2016)
Wisconsin Federation for Children-- $45,000 (2014,2016)
Young Guns for Congress-- $227 (2012)
This is just the tip of the iceberg-- particularly because this is only her personal giving, and not an account of family giving, or a track of all the DeVos-backed groups that function as arms of the family's political empire. With a few free days, you could track every name on the large list showing DeVos supporting everything from all the GOP Presidential contenders EXCEPT her new BFFs and patrons, Pence and Herr Trump, down to a guy running for county sheriff. Betsy's money is very, very busy.
Publications
A whole lot of letters to the editor and opinion columns, as well as one press release. That's it. You may have imagined that a Secretary of Education might have some even-slightly-scholarly publications or articles or plain old white papers, but no. Letters to the editor will cover it, thanks.
Conflicts of Interest
The 'supplemental" portion of the questionnaire includes some open-ended questions, like asking the applicant to list any business dealings or investments or other stuff that might cause a conflict ofm interest, and if so, what do you plan to do about it?
DeVos replies that she will check with the ethics office and file a Form 278 to see if there are any such conflicts. We will reportedly have to wait to see whether Trump's cabinet picks declare these conflicts before or after they are confirmed. You know-- whatever's convenient for them.
The next question asks, "How will you resolve any such conflicts of interest." DeVos, like a good student who has been trained on how to answer these sorts of questions by recycling the prompt, replies "I will resolve any potential conflicts of interest that arise during the course of my service..." and the sentence rambles on a bit, but never arrives at the how. DeVos will resolve her conflicts by resolving her conflicts. Are we clear on that?
Then we get to the "you have to be an idiot to answer these wrong" section, where she is asked such stumpers as "Will you show up to be grilled by the Senate?" and she says yes, which I suppose, given the current future state of the Executive branch, is not a given, no matter how obvious it may seem.
Also, she indicates that yes, she will stop being employed by the family business, and yes, she does intend to return to the family business when she's done in DC but, no, nobody at the family business has "promised" her a job when she gets back, which I suppose is strictly true-- her husband may very well say in four (please, God) years, "Sorry, honey, but I decided to hire another person to serve as my life and business partner." So this line of questions is a little silly. But we can get sillier.
Lobbying
DeVos also swears that she has "never been registered as a state or federal lobbyist" and I suppose that is technically true, as you don't need to be a registered lobbyist when it's your own money you're throwing around with the expectation of changing how the government works. DeVos has done nothing her whole adult life except be a lobbyist, but she still falls outside the specific definition and so we can continue with the same sort of unvarnished swamp-steeped baloney that Trump lied about getting rid of.
There's more to dig through, particularly in the long list of contributees. There are no surprises here, but we do get one more piece of the DeVos picture, a few more details, a few more reasons that she would make a lousy Secretary of Education.
DeVos and I would have been in the same classes in high school if I had gone to an exclusive private Christian school (for exclusive private Christians). She attended Calvin College (a private Christian liberal arts college in Grand Rapids) from the fall of 1975 until graduation in 1979.
Employment
I've accused DeVos of never working a day in her life. Turns out I'm a little bit wrong on that count. DeVos held down two jobs in college. First (January '76) came a job at Gantos, a Grand Rapids retailer specializing in "private label and name brand apparel." Then in May of '76, she added a third shift at the visor factory operated by Prince Corporation, the auto parts company founded by her father, Edgar Prince. She kept both till February of her senior year.
After that, she worked for Amway as a marketing analyst until November of '82, also spending most of '82 as an Amway Independent Business Owner and a Color One Consultant. She stayed with Color One until January of '84, which was the same year that Richard DeVos was promoted to Amway vice-president.
Lining any of this up against any personal milestones turns out to be a challenge-- I cannot find any statement about the DeVos-Prince wedding more specific that "in the early 80s." Nor is it clear when, exactly, the four children were born. Youngest Ryan appears to have graduated from college in 2013. Oldest son Rick was a self-described "visionary" at the age of twenty-one in 2003. [Update: According to the NYT, they married in 1979, so, right after she graduated from college.]
At any rate, Betsy was out of the workforce until 1989, when she helped launch the Windquest Group. From there on, her career is a list of directorships of various corporate money-managing and investment entities. She also has held honorary/advisory positions with the Michigan Council of Arts and Cultural Affairs, The Kennedy Center, and the Library of Congress Trust Fund.
Awards and Memberships
DeVos has been handed oodles of awards, starting with a Travis City Chamber of Commerce Athena Award (a business excellence award for the ladies), some more chamber and business awards, some historical preservation awards, and then, more recently, some awards like the 2014 William F. Buckley Jr. Prize for Leadership in Supporting Liberty and Leadership in Political Thought and a whopping four awards in 2016, including the Michigan Information Research Service Political Figure of the Year.
Memberships
DeVos has belonged to a wide variety of groups. Three yacht clubs and three country clubs. The Windsor Club ("the premier private business and social Club in Windsor and Essex County," where you can "dine in elegance" and "impress everyone"). The Detroit Athletic Club ("Before the era of country clubs and long before the Civil Right's Revolution opened opportunities for women, there were exclusive clubs in most cities where powerful men met to discussion deals, finances and politics"). Some business groups. She's a long-time member of the advisory council for the Potters House School, the institution she cites for sparking her edu-reformster fervor. And, oh, that fervor.
DeVos's edu-poli-reformster groups include: the Education Freedom Fund, GLEP Education Fund, Great Lakes Education Foundation, Kids Hope USA, Advocates for School Choice, All Children Matter Inc., Alliance for School Choice, American Federation for Children, Foundation for Excellence in Education (the Jeb Bush group), Excellence in Education in Action, The Philanthropy Roundtable, the American Enterprise Institute, Dick and Betsy DeVos Family Foundation, and American Opportunity Alliance.
It's an impressive list, a sign of just how invested in reformsterism DeVos is. It's one more reminder just how little investment she has in the public school system she's about to take responsibility for.
Political Activity
DeVos was sent to her first Michigan GOP convention in 1980, when she was just a twenty-two year old heiress. She scored her first national GOP convention gig as an alternate in 1984. She has never not been involved in the GOP's business, including two state chairperson gigs-- and those are elected. The GOP in Michigan likes her just fine, and she has been active in the party her whole adult life.
Political Contibutions
Holy shniekies. Nine and a half pages, at about 47 items per page. So around 450. Did I mention that this list is for the last five years only?
DeVos has spread her money far and wide. Let me just hit some alphabetical highlights so you can see just how far:
AFC Action Fund for Pennsylvania-- $15,000 (2014)
Alabama Federation for Children-- total of $150,000 (2014, 2016)
Allen West for Congress-- $1,000 (2012)
Altipac (the PAC arm of Amway's parent company)-- $15,000 (2014-2016)
American Federation for Children-- grand total of $1,070,000 (2012, 2014-2016)
Arkansas Federation for Children Action Fund-- $25,000 (2016)
Bennet for Indiana-- $5,000 (2012)
Bryan Holloway for NC House-- $750 (2012)
Carly for President-- $2,700 (2015)
Citizens for Rauner, Inc-- $1,000 (2014)
Conservative Solutions-- $100,000 (2016)
Deal for Governor, Inc-- $1,000 (2014)
Eric Holcombe for Governor of Indiana-- $10,000 (2016)
Friends of Scott Walker-- $10,000 (2013)
GLEP-- $235,000 (2012, 2013)
Great Lakes Education Project-- $100,000 (2015,2016)
House Republican Campaign Committee-- $320,000 (2012-2016)
Jeb 2016-- $2,700 (2015)
Jindal for President-- $2,700 (2015)
John McCain for Senate-- $1,000 (2016)
Joni for Iowa-- $2,600 (2014)
Julie Killian for NY State Senate-- $500 (2016)
Kasich for America-- $2,700 (2015)
Liz Cheney for Congress-- $1,350 (2016)
Louisiana Federation for Children-- $100,000 (2015)
Marco Rubio for President-- $2,700 (2015)
Marco Rubio for Senate-- $5,400 (2016)
McCrory for Governor-- $4,000 (2012)
Michigan Chamber PAC-- $30,000 (2012-2016)
Michigan Republican Party-- $652,000 (2012-2016)
Missouri Republican Party-- $10,000 (2016)
Nevada Federation for Children PAC-- $55,000 (2016)
New Hampshire for Scott Brown-- $5,200 (2014)
New Mexico Republican Party-- $5,000 (2016)
Pam Bondi (yes, that one) for Attorney General-- $500 (2013)
Republican Governor's Association-- $125,000 (2012-2016)
Republican Party of Florida-- $10,000 (2016)
Romney for President-- $5,000 (2012)
Sean Bradley for Denver City Council-- $500 (2015)
Senate Leadership Fund-- $300,000 (2016)
Steve Daines for Montana-- $5,200 (2014)
Tennessee Federation for Children PAC-- $115,000 (2014)
Weiser for U of M Regent-- $10,200 (2014, 2016)
Wisconsin Federation for Children-- $45,000 (2014,2016)
Young Guns for Congress-- $227 (2012)
This is just the tip of the iceberg-- particularly because this is only her personal giving, and not an account of family giving, or a track of all the DeVos-backed groups that function as arms of the family's political empire. With a few free days, you could track every name on the large list showing DeVos supporting everything from all the GOP Presidential contenders EXCEPT her new BFFs and patrons, Pence and Herr Trump, down to a guy running for county sheriff. Betsy's money is very, very busy.
Publications
A whole lot of letters to the editor and opinion columns, as well as one press release. That's it. You may have imagined that a Secretary of Education might have some even-slightly-scholarly publications or articles or plain old white papers, but no. Letters to the editor will cover it, thanks.
Conflicts of Interest
The 'supplemental" portion of the questionnaire includes some open-ended questions, like asking the applicant to list any business dealings or investments or other stuff that might cause a conflict ofm interest, and if so, what do you plan to do about it?
DeVos replies that she will check with the ethics office and file a Form 278 to see if there are any such conflicts. We will reportedly have to wait to see whether Trump's cabinet picks declare these conflicts before or after they are confirmed. You know-- whatever's convenient for them.
The next question asks, "How will you resolve any such conflicts of interest." DeVos, like a good student who has been trained on how to answer these sorts of questions by recycling the prompt, replies "I will resolve any potential conflicts of interest that arise during the course of my service..." and the sentence rambles on a bit, but never arrives at the how. DeVos will resolve her conflicts by resolving her conflicts. Are we clear on that?
Then we get to the "you have to be an idiot to answer these wrong" section, where she is asked such stumpers as "Will you show up to be grilled by the Senate?" and she says yes, which I suppose, given the current future state of the Executive branch, is not a given, no matter how obvious it may seem.
Also, she indicates that yes, she will stop being employed by the family business, and yes, she does intend to return to the family business when she's done in DC but, no, nobody at the family business has "promised" her a job when she gets back, which I suppose is strictly true-- her husband may very well say in four (please, God) years, "Sorry, honey, but I decided to hire another person to serve as my life and business partner." So this line of questions is a little silly. But we can get sillier.
Lobbying
DeVos also swears that she has "never been registered as a state or federal lobbyist" and I suppose that is technically true, as you don't need to be a registered lobbyist when it's your own money you're throwing around with the expectation of changing how the government works. DeVos has done nothing her whole adult life except be a lobbyist, but she still falls outside the specific definition and so we can continue with the same sort of unvarnished swamp-steeped baloney that Trump lied about getting rid of.
There's more to dig through, particularly in the long list of contributees. There are no surprises here, but we do get one more piece of the DeVos picture, a few more details, a few more reasons that she would make a lousy Secretary of Education.
PA: The Property Tax Problem
AP's Marc Levy reports this week that Pennsylvania's legislature (one of the largest and most expensive ones in the country) is expected this year to once again tackle one of the great third rails of Pennsylvania politics-- property taxes.
This system is part of the mechanism that gives Pennsylvania one of the country's largest funding gaps between rich and poor districts. The state provides around 36.1% of public school funding, putting it around 45th in the nation. That means that local districts depend heavily upon local funding, and that's where the huge inequality slinks in. On the bottom end of the scale we find districts collecting $3,100 in local property tax dollars per student, while on the top end, the figure is around $13,000. Attempts were made in 2016 to fix things, a bit, but Democratic Governor Tom Wolf and the hugely GOP legislature have, well, some issues to sort out.
Levy writes that sponsors are expected to once again introduce House and Senate Bills 76, a bill that died a narrow death in the State Senate back in 2015 (a not-along-party-lines tie was broken by Democratic Lt. Governor Mike Stack), but the GOP thinks the math has changed and this year will be different (that's just the Senate, though-- this could all still tank in the House).
The goal, as usual, is to get rid of property taxes entirely. In this case, the plan is to replace them with increased sales tax and income tax revenue. Income tax would climb from 3.07% up to 4.95 %, while sales tax would jump from the already-hefty 6% to 7%-- and extended to more types of items and services that are not currently taxed at all.
The Property Tax Independence Act has plenty of fans and detractors, because it creates a whole new batch of winners and losers. If the act is going to be revenue neutral (more about this in a second), and property owners are going to pay less, then somebody has to pay more.
Renters, for instance, lose immediately, because their income and sales tax expenses go up immediately. Yes, theoretically, the landlord could reduce the rent costs by subtracting the amount that previously went to pay property taxes, but nothing says he has to.
The proverbial Little Old Lady On a Fixed Income, a person who is invoked with great dismay and concern every time any school district wants to raise taxes, would be a winner. She's retired and has no real taxable income, so the income tax hike means nothing to her. She'll just pay a little bit more at the store.
Rich folks with expensive homes win big. The pro-bill forces actually make this part of their pitch; in their example, a person who used to pay $3,500 a year in property taxes would need "to spend $50,000 annually on newly-taxed products and services" to end up spending that same $3,500, but it's better/worse than that because many of the products and services they buy would be previously-taxed, so cost only increase by 1%. In other words, the bigger and fancier your retirement home, the more unlikely it is that you will ever pay the same amount of tax under the new system.
The act shifts the tax burden for financing schools, shifts it from people who own things to people who work for a living, from the rich to the poor, from the old to the young, from homeowners to everyone else, from corporate property owners to private citizens.
Does it at least improve funding equity in Pennsylvania? Wellll.........
Remember when I said it was supposed to be revenue neutral? If that's the case, then we have a problem. Because the only way the state can distribute the exact same pot of money that was previously collected by the state and local property taxes (about $5.8 billion state dollars plus about $13.7 billion local property tax dollars) is to either
* keep funding for each district exactly as before, split up the $20 billion exactly as we would have, leaving the rich districts rich and the poor districts poor or
* giving more money to the poor districts by reducing the funding to rich districts.
Neither solution is much of a solution. We could get greater equity between districts by NOT being revenue neutral, but gathering a ton more money (estimates run in the billions of dollars) needed to bring all districts up to the funding level of the best-funded districts, but that would require taxing enough to raise those additional billions of dollars.
Do any of these sound like they'll be terribly popular? They're a hit with some people in some districts, which is why the bill repeatedly draws both bi-partisan support and bi-partisan opposition. Oh, well-- if my local district doesn't like the funding sent out by the state can't they just make up the difference somehow, like raising property-- oh, yeah. The local school board will lose all control over its incoming revenue stream.
That's because all school money would now flow from Harrisburg, which means the distribution of funds will become hugely political, and it will be critical for districts to have Good Friends in the Capital.
Meanwhile, the sales pitch continues to focus on how everybody will pay less, or at least so little more that they'll never know the difference. Which is a pretty thought, but even in post-fact America, you can't have everyone pay less and still end up with the same sized pile of money as before.
As is often the case these days, the problem is real. But the solution will be hard, which means we'll spend a lot of hot air and hard times in Harrisburg before we get anywhere at all. Stay tuned.
This system is part of the mechanism that gives Pennsylvania one of the country's largest funding gaps between rich and poor districts. The state provides around 36.1% of public school funding, putting it around 45th in the nation. That means that local districts depend heavily upon local funding, and that's where the huge inequality slinks in. On the bottom end of the scale we find districts collecting $3,100 in local property tax dollars per student, while on the top end, the figure is around $13,000. Attempts were made in 2016 to fix things, a bit, but Democratic Governor Tom Wolf and the hugely GOP legislature have, well, some issues to sort out.
Levy writes that sponsors are expected to once again introduce House and Senate Bills 76, a bill that died a narrow death in the State Senate back in 2015 (a not-along-party-lines tie was broken by Democratic Lt. Governor Mike Stack), but the GOP thinks the math has changed and this year will be different (that's just the Senate, though-- this could all still tank in the House).
The goal, as usual, is to get rid of property taxes entirely. In this case, the plan is to replace them with increased sales tax and income tax revenue. Income tax would climb from 3.07% up to 4.95 %, while sales tax would jump from the already-hefty 6% to 7%-- and extended to more types of items and services that are not currently taxed at all.
The Property Tax Independence Act has plenty of fans and detractors, because it creates a whole new batch of winners and losers. If the act is going to be revenue neutral (more about this in a second), and property owners are going to pay less, then somebody has to pay more.
Renters, for instance, lose immediately, because their income and sales tax expenses go up immediately. Yes, theoretically, the landlord could reduce the rent costs by subtracting the amount that previously went to pay property taxes, but nothing says he has to.
The proverbial Little Old Lady On a Fixed Income, a person who is invoked with great dismay and concern every time any school district wants to raise taxes, would be a winner. She's retired and has no real taxable income, so the income tax hike means nothing to her. She'll just pay a little bit more at the store.
Rich folks with expensive homes win big. The pro-bill forces actually make this part of their pitch; in their example, a person who used to pay $3,500 a year in property taxes would need "to spend $50,000 annually on newly-taxed products and services" to end up spending that same $3,500, but it's better/worse than that because many of the products and services they buy would be previously-taxed, so cost only increase by 1%. In other words, the bigger and fancier your retirement home, the more unlikely it is that you will ever pay the same amount of tax under the new system.
The act shifts the tax burden for financing schools, shifts it from people who own things to people who work for a living, from the rich to the poor, from the old to the young, from homeowners to everyone else, from corporate property owners to private citizens.
Does it at least improve funding equity in Pennsylvania? Wellll.........
Remember when I said it was supposed to be revenue neutral? If that's the case, then we have a problem. Because the only way the state can distribute the exact same pot of money that was previously collected by the state and local property taxes (about $5.8 billion state dollars plus about $13.7 billion local property tax dollars) is to either
* keep funding for each district exactly as before, split up the $20 billion exactly as we would have, leaving the rich districts rich and the poor districts poor or
* giving more money to the poor districts by reducing the funding to rich districts.
Neither solution is much of a solution. We could get greater equity between districts by NOT being revenue neutral, but gathering a ton more money (estimates run in the billions of dollars) needed to bring all districts up to the funding level of the best-funded districts, but that would require taxing enough to raise those additional billions of dollars.
Do any of these sound like they'll be terribly popular? They're a hit with some people in some districts, which is why the bill repeatedly draws both bi-partisan support and bi-partisan opposition. Oh, well-- if my local district doesn't like the funding sent out by the state can't they just make up the difference somehow, like raising property-- oh, yeah. The local school board will lose all control over its incoming revenue stream.
That's because all school money would now flow from Harrisburg, which means the distribution of funds will become hugely political, and it will be critical for districts to have Good Friends in the Capital.
Meanwhile, the sales pitch continues to focus on how everybody will pay less, or at least so little more that they'll never know the difference. Which is a pretty thought, but even in post-fact America, you can't have everyone pay less and still end up with the same sized pile of money as before.
As is often the case these days, the problem is real. But the solution will be hard, which means we'll spend a lot of hot air and hard times in Harrisburg before we get anywhere at all. Stay tuned.
Thursday, January 5, 2017
A Lesson from China
We're witnessing another lesson in how free market forces work, and how business interests often run contrary to the public interest. And the lesson is coming from China, of all places.
This is a lesson that started with Google, way back in 2006. That was the year that Google set aside the motto "don't be evil" for the more pragmatic "don't be shut out of the enormous Chinese market," and willingly provided the Chinese with a censored version of Google. The official rationale was something along the lines of "they're censoring us anyway," but it seemed more likely that the rationale was "do you have any idea how much money there is to be made, because, damn, it's a lot."
Google pulled out in 2010, over a Chinese attempt to hack gmail and other pieces of Google. That response (Google actually called it "retaliation") was remarkable, and it didn't last. Google is set to re-enter the Chinese market.
Businesses looking to operate in countries with repressive, censorship-prone laws face a question-- do they change their basic mission to follow the repressive local laws, or do they pass up the giant piles of money as a matter of principle?
Google, Twitter, Facebook, and the rest of the tech giants are dealing with that question and while they consider the moral and ethical considerations of modifying their basic mission so-- look, do you have any idea of how much money there is to be made??
The modifications and concessions come in bits and pieces. What attracted my attention today was Apple's decision to remove the New York Times app from the Chinese Apple store. Because the Chinese don't like the NYT, believe it's violating some local law, and Apple wants to stay in China. So the principle of transparency or free speech or access to the press or just the supposedly bedrock internet principle that information should be spread far and wide-- all of that can go out the window if the corporate access to the highly lucrative Chinese market is threatened.
I have said it repeatedly: the business mindset, the profit motive-- these are not inherently evil things. But the business approach has priorities that are not always in tune with larger social principles. And if a business entity is run by people with no scruples or ethical standards of their own, the problem is even worse.
Businesses will put business first, even ahead of supposedly bedrock social and moral principles. That does not make them evil, but it makes them very bad stewards of the public interest. If we turn schools into businesses, business interests will come ahead of student interests, parent interests, and community interests.
And if you imagine that a business approach somehow frees folks from government control-- well, look back at China. There is no such thing as a free market; all markets operate under whatever rules the government sets for them.
If you believe that allowing a bunch of business-run charter schools to open up and compete will somehow give students a more excellent education, you are kidding yourself (and, perhaps, others). The education-flavored businesses will compete to make money under whatever rules the government subjects them to, and actually educating students will be far, far down on their list of priorities.
This is a lesson that started with Google, way back in 2006. That was the year that Google set aside the motto "don't be evil" for the more pragmatic "don't be shut out of the enormous Chinese market," and willingly provided the Chinese with a censored version of Google. The official rationale was something along the lines of "they're censoring us anyway," but it seemed more likely that the rationale was "do you have any idea how much money there is to be made, because, damn, it's a lot."
Google pulled out in 2010, over a Chinese attempt to hack gmail and other pieces of Google. That response (Google actually called it "retaliation") was remarkable, and it didn't last. Google is set to re-enter the Chinese market.
Businesses looking to operate in countries with repressive, censorship-prone laws face a question-- do they change their basic mission to follow the repressive local laws, or do they pass up the giant piles of money as a matter of principle?
Google, Twitter, Facebook, and the rest of the tech giants are dealing with that question and while they consider the moral and ethical considerations of modifying their basic mission so-- look, do you have any idea of how much money there is to be made??
The modifications and concessions come in bits and pieces. What attracted my attention today was Apple's decision to remove the New York Times app from the Chinese Apple store. Because the Chinese don't like the NYT, believe it's violating some local law, and Apple wants to stay in China. So the principle of transparency or free speech or access to the press or just the supposedly bedrock internet principle that information should be spread far and wide-- all of that can go out the window if the corporate access to the highly lucrative Chinese market is threatened.
I have said it repeatedly: the business mindset, the profit motive-- these are not inherently evil things. But the business approach has priorities that are not always in tune with larger social principles. And if a business entity is run by people with no scruples or ethical standards of their own, the problem is even worse.
Businesses will put business first, even ahead of supposedly bedrock social and moral principles. That does not make them evil, but it makes them very bad stewards of the public interest. If we turn schools into businesses, business interests will come ahead of student interests, parent interests, and community interests.
And if you imagine that a business approach somehow frees folks from government control-- well, look back at China. There is no such thing as a free market; all markets operate under whatever rules the government sets for them.
If you believe that allowing a bunch of business-run charter schools to open up and compete will somehow give students a more excellent education, you are kidding yourself (and, perhaps, others). The education-flavored businesses will compete to make money under whatever rules the government subjects them to, and actually educating students will be far, far down on their list of priorities.
Wednesday, January 4, 2017
Supremes May Decide How Much Education Is Enough
The case of Endrew F. vs. Douglas County School District has finally wended its way to the Supreme Court, and it could have some serious implications for school districts across the country.
Endrew F. is a studentwith autism and attention deficit/hyperactivity disorder (ADHD). With the help of an IEP, he attended pre-K through 4th grade in Douglas County Schools out in Colorado (if that sounds familiar, it's because they have been ground zero for some reformy shenanigans, as chronicled in the film Education, Inc.-- but that's unrelated to our story today other than it takes a real bunch of stubborn leaders to get a school district dragged into the highest court in the land like this). Going into fifth grade, Endrew's parents deemed his IEP Not Good Enough, and they placed him in a private school.
Now, the Individuals with Disabilities Act (IDEA-- no, I've never known where the damn E comes from--Correction-- it stands for Education, a word often dropped from some namings, which I should have known) says that if a district can't handle the education of a student with special needs, they have to foot the bill to send the student to some school that can deal. The child has to receive a "free appropriate public education."
The F's, however, apparently chose a Lexus for the child when the district only wanted to pay for a Kia, or maybe a Chevy Cruze. And it is over that business of exactly who is going to pay how much of which bill for Endrew's education that puts the matter in court.
This has, as you might imagine, come up before, and various lower courts have applied a some standards that are both inconsistent and vague. For instance, a couple of years ago, courts in Michigan declared that the state didn't have to get students an education-- just spend money on something called education, whether it worked or not. Here Joseph R. Smith explains the central issue of Endrew in a Denver Post op-ed:
The lower federal courts basically agree that the test should turn on how much the student benefits. But the agreement ends there. Some federal courts, including those in Colorado, hold that any benefit whatsoever — anything “more than de minimis” — is enough to make an education appropriate. Other federal courts hold that an education must be “meaningful” in order to be appropriate.
Endrew's private school reportedly helped him across the board with learning both how to do math and how to manage himself for better socialization. Douglas County Schools said, "That was all luxury gravy. He was getting de minimis here, so no extra help was necessary." "De minimis" is of course Latin for "the least we can get away with" (e.g. my students would like to know de minimis number of pages required for their paper). As long as Endrew was making any gains at all, no matter how unspeakably tiny, Douglas argues they were meeting their obligation under the law and any additional gains that Endrew or his parents aspired to are a luxury for which the taxpayers of Douglass should not have to foot the bill.
So now we have a court case that will decide what "the least we can get away with" means for schools charged with providing education for students with special needs. And the Supremes are going to hear it.
The case has attracted some attention. Check out the list of "amici curiae" briefs (Latin for "I think this case might end up affecting me or my clients, so I'd like the chance to shoot off my mouth too, just in case the court decides to make its decision based on a semi-public vote") and you can see how many folks are concerned. The National Association of State Directors of Special Education. Former USED Officials. Advocates for Children of New York. Coalition of Texans with Disabilities. Delaware. The NEA. National Center for Special Education in Charter Schools. Many, many people have opinions about this case.
The case made its way to the Tenth Circuit Court of Appeals, where the court found that Douglas County's idea of the bare minimum was appropriate. (You can find a more thorough and legally run-down here.) The F's swung for the fences and appealed to the Supremes in December of 2015 (I don't know who the F's are, but they clearly have some rich and/or connected friends). After a few delays, it looks like the court might hear arguments on January 11, 2017 (presumably before Herr Trump can install Brittney Spears or David Duke as the ninth justice).
It will be interesting to see how this lands. On the one hand, school districts don't want to have to shell out boatloads of money for fancy frills for students with special needs. On the other hand, when school districts are defining "actual education" as fancy frills, we have a problem. As Smith notes, this is a case that can unite leftie and righties behind the same outcome even if for different reasons-- lefties want to see the education rights of the most vulnerable students protected, and righties want to see parental options protected.
Arguably any decision will let a whole lot of school districts know what, exactly, the law expects of them (at least until our Blessed Leaders decide to "improve" it. Remember that our outgoing administration believed that de minimus was basically to take students with special needs and just, you know, expect real hard.
No matter what side you're on, we're looking at the prospect of the Supreme Court, such as it is at the moment, making a decision about just how much education students with special needs are entitled to-- and from there, it's just a short hop to ruling how much education any student is entitled to. And that is a prospect about which I am exceedingly unexcited, though I suppose, since the Executive and Legislative branches have both tried to micro-manage US education-- why shouldn't the Judicial branch take a shot at it. It's de minimis they can do.
Endrew F. is a studentwith autism and attention deficit/hyperactivity disorder (ADHD). With the help of an IEP, he attended pre-K through 4th grade in Douglas County Schools out in Colorado (if that sounds familiar, it's because they have been ground zero for some reformy shenanigans, as chronicled in the film Education, Inc.-- but that's unrelated to our story today other than it takes a real bunch of stubborn leaders to get a school district dragged into the highest court in the land like this). Going into fifth grade, Endrew's parents deemed his IEP Not Good Enough, and they placed him in a private school.
Now, the Individuals with Disabilities Act (IDEA-- no, I've never known where the damn E comes from--Correction-- it stands for Education, a word often dropped from some namings, which I should have known) says that if a district can't handle the education of a student with special needs, they have to foot the bill to send the student to some school that can deal. The child has to receive a "free appropriate public education."
The F's, however, apparently chose a Lexus for the child when the district only wanted to pay for a Kia, or maybe a Chevy Cruze. And it is over that business of exactly who is going to pay how much of which bill for Endrew's education that puts the matter in court.
This has, as you might imagine, come up before, and various lower courts have applied a some standards that are both inconsistent and vague. For instance, a couple of years ago, courts in Michigan declared that the state didn't have to get students an education-- just spend money on something called education, whether it worked or not. Here Joseph R. Smith explains the central issue of Endrew in a Denver Post op-ed:
The lower federal courts basically agree that the test should turn on how much the student benefits. But the agreement ends there. Some federal courts, including those in Colorado, hold that any benefit whatsoever — anything “more than de minimis” — is enough to make an education appropriate. Other federal courts hold that an education must be “meaningful” in order to be appropriate.
Endrew's private school reportedly helped him across the board with learning both how to do math and how to manage himself for better socialization. Douglas County Schools said, "That was all luxury gravy. He was getting de minimis here, so no extra help was necessary." "De minimis" is of course Latin for "the least we can get away with" (e.g. my students would like to know de minimis number of pages required for their paper). As long as Endrew was making any gains at all, no matter how unspeakably tiny, Douglas argues they were meeting their obligation under the law and any additional gains that Endrew or his parents aspired to are a luxury for which the taxpayers of Douglass should not have to foot the bill.
So now we have a court case that will decide what "the least we can get away with" means for schools charged with providing education for students with special needs. And the Supremes are going to hear it.
The case has attracted some attention. Check out the list of "amici curiae" briefs (Latin for "I think this case might end up affecting me or my clients, so I'd like the chance to shoot off my mouth too, just in case the court decides to make its decision based on a semi-public vote") and you can see how many folks are concerned. The National Association of State Directors of Special Education. Former USED Officials. Advocates for Children of New York. Coalition of Texans with Disabilities. Delaware. The NEA. National Center for Special Education in Charter Schools. Many, many people have opinions about this case.
The case made its way to the Tenth Circuit Court of Appeals, where the court found that Douglas County's idea of the bare minimum was appropriate. (You can find a more thorough and legally run-down here.) The F's swung for the fences and appealed to the Supremes in December of 2015 (I don't know who the F's are, but they clearly have some rich and/or connected friends). After a few delays, it looks like the court might hear arguments on January 11, 2017 (presumably before Herr Trump can install Brittney Spears or David Duke as the ninth justice).
It will be interesting to see how this lands. On the one hand, school districts don't want to have to shell out boatloads of money for fancy frills for students with special needs. On the other hand, when school districts are defining "actual education" as fancy frills, we have a problem. As Smith notes, this is a case that can unite leftie and righties behind the same outcome even if for different reasons-- lefties want to see the education rights of the most vulnerable students protected, and righties want to see parental options protected.
Arguably any decision will let a whole lot of school districts know what, exactly, the law expects of them (at least until our Blessed Leaders decide to "improve" it. Remember that our outgoing administration believed that de minimus was basically to take students with special needs and just, you know, expect real hard.
No matter what side you're on, we're looking at the prospect of the Supreme Court, such as it is at the moment, making a decision about just how much education students with special needs are entitled to-- and from there, it's just a short hop to ruling how much education any student is entitled to. And that is a prospect about which I am exceedingly unexcited, though I suppose, since the Executive and Legislative branches have both tried to micro-manage US education-- why shouldn't the Judicial branch take a shot at it. It's de minimis they can do.
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