Sunday, September 18, 2022
ICYMI: Fall Cleaning Edition (9/18)
Saturday, September 17, 2022
Praying Coach Is Too Busy For His Old Job
The answer, as laid out in detail in a dissent by Justice Sotomayor, is that Kennedy's "observance" was not brief, quiet, or personal. As Sotomayor writes
Official-led prayer strikes at the core of our constitutional protections for the religious liberty of students and their parents, as embodied in both the Establishment Clause and the Free Exercise Clause of the First Amendment.
The Court now charts a different path, yet again paying almost exclusive attention to the Free Exercise Clause’s protection for individual religious exercise while giving short shrift to the Establishment Clause’s prohibition on state establishment of religion.
To the degree the Court portrays petitioner Joseph Kennedy’s prayers as private and quiet, it misconstrues the facts.
Also, after noting that the majority just threw out the Lemon test, she writes
In addition, while the Court reaffirms that the Establishment Clause prohibits the government from coercing participation in religious exercise, it applies a nearly toothless version of the coercion analysis, failing to acknowledge the unique pressures faced by students when participating in school-sponsored activities. This decision does a disservice to schools and the young citizens they serve, as well as to our Nation’s longstanding commitment to the separation of church and state. I respectfully dissent.
The dissent uses pages to lay out the many details of how Kennedy was not quiet or brief, including his invitations to opposing teams to join in, and that very special time where he went out and led a student prayer right in front of the administrator who has just asked him not to. Why the District didn't just fire him for insubordination I do not know.
The weekend of the second game, which the Knights also won, Kennedy appeared with former President Donald Trump at the Trump National Golf Club in New Jersey. He saw Trump get a religious award from a group called the American Cornerstone Institute.
Coming up this month, Kennedy’s scheduled to give a talk as part of a lectureship series at a Christian university in Arkansas.
“Place a PR/Publicity Request,” invites his personal website, where he’s known as Coach Joe.
It’s an increasingly surreal situation for the Bremerton schools. They were ordered to “reinstate Coach Kennedy to a football coaching position,” according to court documents. But the now-famous coach is out on the conservative celebrity circuit, continuing to tell a story about “the prayer that got me fired” — even though Bremerton never actually fired him.
Why Permissionless Education
So much human potential gets wasted because of it. When I went down the rabbit hole of blockchain technology years ago, I came across the word “permissionless.”
I instantly fell in love.
Friday, September 16, 2022
Charter Dress Code Case Pushing For SCOTUS. Here's Why We Should Care
In North Carolina, Charter Day School back in 2016 was sued by parents who objected to a dress code requiring girls to wear skirts, jumpers, or skorts. Charter Day School is part of the network of charters operated by Roger Bacon Academy, one of the charters that focuses on a "classical curriculum" in a "safe, morally strong environment," which meant, apparently, none of those pants-wearing girls in their school (It also supposedly means things like sentence diagramming in Kindergarten and Latin in 4th grade).
In 2019, a federal judge passed down the ruling that any public school in the country would have expected-- a dress code requiring skirts for girls is unconstitutional. The school quietly retired the item in the dress code.
The two judges, both Trump appointees, ruled that contrary to the assertion of the lower court, that charter schools should not be considered state actors, and are therefore not subject to the Equal Protection Clause of the 14th Amendment. The decision pointed to the larger issue in the case--deciding whether or not charter schools are public schools.
The federal appeals court was clear: Charter schools are not public schools. They are not state actors.
Sherwin added that the skirt rule violates equal protection because it's based on the old notion that "girls are fragile and require protection by boys." Judge Wilkinson, who was part of the three-judge panel in the previous decision, lamented the end of the "age of chivalry." The majority noted that such an age was also the age "when men could assault their spouses" and that chivalry "may not have been a bed of roses for those forced to lie in it."
Sherwin reports that the court rejects the notion that the dress code was okay because it was oppressive to both genders. Discriminating against both men and women, the court notes, "does not eliminate liability, but doubles it."
And Sherwin passes on a great note from Judge Keenan (the 1 on the original ruling) who separately wrote against the argument that the code wasn't harming girls because they still got good grades. “We cannot excuse discrimination because its victims are resilient enough to persist in the face of such unequal treatment." "Nevertheless she persisted" apparently does not excuse whatever she must persist in the face of.
Kudos also to Judge Wynn who, Sherwin reports, "says the dissent's comparing school choice to ordering steak or salmon at a restaurant 'leaves a bad taste in the mouth. Subjecting girls to gender discrimination that causes lasting psychological damage is not the same thing as ordering fish.'"
The National Alliance for Public Charter Schools applauded the ruling:
The importance of this case could not be overstated, as it was the first time a federal appellate court considered whether public charter school students deserve the same constitutional civil rights protections as district public school students. The en banc court clearly and unequivocally affirmed that charter schools are public schools and, accordingly, must be bound by the US Constitution. Moreover, public charter school students have the same constitutional and civil rights as their district public school peers.
Aaron Streett is an attorney with Baker Botts, a multinational law firm (where both Amy Coney Barrett and Ted Cruz once worked), and that he's the chair of their Supreme Court and Constitutional Law Group. Streett says that the majority opinion "contradicts Supreme Court precedent on state action...and limits the ability of parents to choose the best education for their children." After the ruling came down, Streett played coy about whether they would appeal or not; now we're past coyness.
The appeal is going straight after the underlying issue of the case
In its petition, the school argues the ruling by the appeals court is flawed because it identifies Charter Day School as a state actor. The school argues it is a privately run school that receives public funding through its charter, and therefore is not a government-run entity.
"The (court of appeals) decision ... profoundly threatens this model," said a statement from school officials in a Monday news release. "This holding undoes the central feature of charter schools by treating their private operators as the constitutional equivalent of government-run schools."
Addressing The Teacher Exodus By Blocking The Exits
Thursday, September 15, 2022
Black Ariel, The Classroom, and the Expansion of the Ordinary
If someone has been so strongly influenced by a movie made in the 1980s that they can't support a Black woman playing a mermaid, than how are they looking past seeing white people as directors, VPs, and Chiefs day in and day out to envision a Black person in the role?
Part of working towards equity is recognizing the archetypes we've developed for what a "leader" or "doctor" or "politician" or "fancy singing fish" look like so we can check those biases and make sure that we don't miss out on people who check every single box except "looks like what I pictured when I thought of this title."
Tuesday, September 13, 2022
Dear Teachers: AI is probably writing papers for your class
Have you really looked at your Microsoft Word tools lately? Because, yikes. We'll get to that in a moment.
We've been following the question for an algorithm that can write essays or add copy or other fun stuff. There have been advances, but also problems (like AI that "decided" to write Really Naughty Things). And the gibberish. Or the uncanny valley. Or the bloviating nothingness.
But the search goes on because if writing were one more job that could be handled by computers instead of those annoying and wanna-be-paid-a-living-wage carbon-based life forms, well that would make some entrepreneurs very happy. And the flip side--an algorithm that could read and grade student papers would close that final gap in the search for a fully automated teacher-free classroom.
But as Aki Peritz, writing for Slate, reminds us, there's another group of folks who welcome cyber-writing, and that's students themselves.
Got an assignment? Feed an opening sentence into an algorithmic text generator like Sudowriter, and you'll get back a mediocre, somewhat hollow essay to hand in. In fact, Peritz argues, some of the awkwardness of the program actually echoes the awkwardness of as student writer. And it is, of course, untraceable by conventional plagiarism checking methods, because it's not actually plagiarized. It's just having a bot do your work for you. Bringing us just one step closer to a future in which an algorithm generates a page of text that is then graded by another algorithm, while students and teachers just sit awkwardly in a classroom doing nothing.
There are teacher solutions for this kind of cheating. Have the students write the essay in class. Better yet, listen to the old dictum that if an assignment is easy to cheat on, that's the assignment's fault and you need to redesign it.
But there's an arguably more annoying AI out there, and one that's far more likely to be in use by your students.
I haven't paid any attention to my Microsoft Word menus in ages except when I need to find a way to do something I didn't already know how to do. But David Lee Finkle, creator of the teacher comic strip Mr. Fitz, tipped me off to this feature in one of his recent strips.
Microsoft Word's editor will now grade your work. Okay, it calls it "editor score," but it's given as a percentage in a style every student will recognize as a score. Up in the upper right corner of the screen, you see [editor], and it will spit out a score along with some advice.
The "advice" is a compendium of the same old mediocre algorithmic editing suggestions that Word has always offered. I ran some of my newspaper columns through the editor and got advice like "replace 'expertise' with 'ability' so that it's easier to understand" (except, of course, that's a fairly significant change in meaning. Chakaris (as in George) is flagged as a misspelled word--maybe I meant "Chakari's"? The phrase "it's telling that we describe..." throws it and it suggests "it's saying..." instead, which is just wrong. The program has lots of thoughts about commas. And it hates my tendency to coin my own words.
The editor also checks for clarity, conciseness, and formality, and will let you set it for formal, professional, or casual. And there's a special setting for resumes.
I ran this post (so far) through it, and got some suggestions for clarity and conciseness, including old standards such as getting rid of a passive voice and contractions. But as a piece of casual writing, I scored a 98%.
I am imagining students running their essays through this and following all the advice so that their work is scrubbed clean of personal voice and yet with some additional weakness and inexactitude of language. As Mr. Fitz's student says, "You think I should stop writing to please the computer and write like a human being with flaws and all. To retain my humanity against our computer overlords."
But mostly I am imagining students saying, "What do you mean I got an 87 on this essay??!! My computer says it's a 93!"
Okay. So language processing algorithms are here, and so widely distributed that they are unavoidably part of the education landscape. But they're tools (and not great ones), not crutches. Students have to learn that the algorithms can't actually "read" or "write" as we understand the terms, that the algorithms have some serious limitations, and that these uncivilized beasts must still be kept on a leash that's firmly in the hand of the writer. Or, you could just turn the algorithms loose into the wild, or lock them in a cage, and carry on without them.