Friday, September 22, 2023

Time for Reformster Benefit Poker Again

It's a reminder that the wealthy are not like the rest of us.

Next Thursday, it will be time for the 13th Annual Take 'Em To School Poker Tournament, a night of benefit money flinging to help out Education Reform Now

ERN, which calls itself "a think tank and advocacy organization" is the funding arm of Democrats for Education Reform, a group beloved by hedge fundies interested in monetizing charter schools, do-founded by big time hedge fundie Whitney Tilson, who once explained where the D came from:

The real problem, politically, was not the Republican party, it was the Democratic party. So it dawned on us, over the course of six months or a year, that it had to be an inside job. The main obstacle to education reform was moving the Democratic party, and it had to be Democrats who did it, it had to be an inside job. So that was the thesis behind the organization. And the name – and the name was critical – we get a lot of flack for the name. You know, “Why are you Democrats for education reform? That’s very exclusionary. I mean, certainly there are Republicans in favor of education reform.” And we said, “We agree.” In fact, our natural allies, in many cases, are Republicans on this crusade, but the problem is not Republicans. We don’t need to convert the Republican party to our point of view…

There was actually a big kerfluffle a few years back when Colorado Democrats made the Colorado chapter of DFER get out of the Democratic state assembly. DFER/ERN are the folks who do fun things like try to defeat local anti-reform candidates and have silly philosopher retreats to think deep thoughts about reform.

These days the CEO of both groups is Jorge Elorza, formerly mayor of Providence. He was still in office when the state took over Providence schools. DFER has shifted its message in a more social justicy direction (" We elect Democratic leaders who prioritize a high-quality equitable education for all students") with "anti-racism" and "remedying a history of systemic inequity" among their values. That still translates to big support for charter schools, with an emphasis on trying to convince Democrats that they should get with the choice program.

The big poker bash will be next Thursday in Gotham Hall. It is not nearly as star-studded as it was the last time we checked it out, but it's still not for the shallow pockets crowd.

Want to sponsor a table with ten seats plus a special guest? A Straight Flush Table costs only $100,000. For $50K you can host a Full House Table, and $30K gets you a regular table of ten. If you just want to grab a single seat for yourself, that's a mere $3K. Just want to skip the poker and have some dinner and cocktails while playing some casino games? That's a mere $250. Sadly, I will be busy that day and unable to attend. Too bad, because

This charity event is a meaningful opportunity for you to connect with corporate executives, philanthropists, financiers, and celebrities who are passionate about ERN's mission. The event will feature poker players battling for valuable prizes, such as once-in-a-lifetime experiences, exotic trips, golf outings and more. In addition to poker, guests can enjoy the silent auction, golf simulator, casino games, premium open bar, delicious food and a swag bag to take home. There are plenty of opportunities to endorse your business by setting up an area, sponsoring a table, or contributing an item to the swag bag.

Past celebrities, they note, have included a bunch of big name poker players, sports guys, U.S. Congressman Hakeen Jeffries, Billy Crudup and Kevin Pollak.

Do people pay that kind of money, some of you may ask, correctly noting that the Straight Flush Table costs more than most teachers make in a year. Well, in 2022 there was one Straight Flush sponsor, three Full House sponsors, and twenty-five table hosts. All of them were either guys who got rich shuffling money or corporations in the capital biz. They raised over $2 million.

This is the kind of thing that reminds me of the considerable imbalance between reformsters and public school defenders. Many of us are out here doing what we can on a budget of $0.00, and these guys just get together to drop a couple mill playing games for "exotic trips." All things that folks actually working in education can totally relate to.

What I'll Really Miss About Twitter

I have maintained, throughout the various stages of Musk's various spasms, that I would stick with Twitter till the last light is turned off, if for no other reason than I want to be able to see it happen and tell the story. It would not be the first social media I stuck with until it evaporated, and it probably won't be the last (oh, Cafe Utne, you were fun). 

But I doubt that I'll pay for the privilege, and as Musk hinted this week that Twitter would charge a small fee for use. Granted, what Musk says he's going to maybe might do has only a marginal connection to what will actually happen, but I'm forced to consider life without the Twitterverse.

I don't relish working through the alternatives battling for the chance to be the next Google Plus. I'm on Threads (because what better way to get over one toxic gazillionaire than by signing up for another toxic gazillionaire). I'd try Bluesky, but I've been waiting for a code since forever [Update: several helpful readers reached out, and I am now on Bluesky. Thanks! Also, I forgot Spoutible. I'm there, too.]. Contemplating signing up for Mastodon just gives me a headache. Sigh. I think I've still got ICQ software around here somewhere.

I am not a prodigious follower on Twitter; I can't imagine how people follow thousands of other people. But I still feel plugged in to a large community there. I've "met" a lot of interesting people and learned about a lot of stuff. I read an awful lot, and Twitter has been a good place to spot articles I might have missed otherwise. I've encountered an awful lot of great public education advocates, and I'm grateful for the opportunity to chat with them, or just peer over their shoulder and absorb what they have to say. 

But the thing that I expect will be irreplaceable is the chance to connect and converse and read the folks who are on various other sides of the education debates. 

I'm a huge believer in listening to and reading people with whom you disagree. Some people are serious, and some people aren't, but it is always a mistake to default to the idea that people who oppose you do so because they are either evil or stupid. Mostly they are operating from different premises, different values, or arriving at different conclusions. Understanding all of that is more useful than simply waving them all away as evil people. (Not that there aren't evil people, but I choose to live in a world in which people have to prove that they're evil).

I'm also a huge believer in primary sources. Much of our current world of political conflict runs on what a "news" source claims someone else said, which is not automatically wrong--unless someone is sculpting that characterization for a particular effect. Seeking to confirm what we already believe instead of trying to actually understand what the other person is saying is the great bane of useful communication. (Pro tip: a not serious person tell is an insistence on deliberately misunderstanding what you're saying so they can make their point).

I'm afraid that when Twitter finally collapses, folks will migrate to platforms with likeminded persons (or just no place at all) and the chance to converse and debate with persons of differing opinions will be lost, and that would be unfortunate. Writing blog posts and opinion pieces at each other is a lot like talking past each other. Not a big help. Twitter was a good place for dialog, sometimes, and I'm not sure what will replace it.

We'll see, I suppose. In the meantime, I'm @palan57 pretty much everywhere I go, and I'll be happy to see you there. 

Thursday, September 21, 2023

The Grammar of Fetterman's Hoodie

Ties are an emblem of some of the most ridiculous and inescapable parts of human culture.

I wore ties for my entire teaching career. I started out of a need to differentiate between my 22 year old self and my 20 year old students. I eventually stayed with it because wearing a tie was one of my Things. And once a year, my students would get some version of this shpiel:

Who's the most dressed up person in the room? Me, of course. How do we know? Because this morning I took this magic piece of cloth and tied it around my neck. Now, it only works if I tie it like this. If I do this (throw it over shoulder) or this (loosen it to comic amounts) or this (make skinny end stick out further), I don't look dressed up. I look silly.

Why is that? And what is with that phrase "dressed UP" anyway?

Ties are a perfect example of the human tendency to make shit up and then imbue it with all sorts of Deep and Important Significance. There's all sorts of history, including Chinese soldiers from the 2nd century BCE and Croatian mercenaries in France and so on, but it more or less boils down to "rich and powerful people thought they were cool."

I brought this up in class as an introduction to the units on usage. 

Usage is not grammar, although a multitude of folks conflate the two. Grammar is the mechanics of language--what works, what doesn't, how the parts fit together. Usage is about h0ow particular words or phrases are used. When we're talking about grammar, we're talking about what works or doesn't. As the soon as the word "correct" or "proper" turns up, we're probably talking about usage.

Plenty of things that aren't considered proper usage are fully grammatical. The classic example is "ain't" a word that's considered "non-standard" or "improper" usage, but is perfectly grammatical. By that I mean that a native speaker gets that "I ain't going to the store" means something and "I'm going to the ain't" does not. 

"Proper" usage is like a necktie. Most questions about what is proper usage have historically been settled the same way--whatever rich, powerful people do is correct. This is generally "decided" organically and by consensus; attempts to deliberately shape usage are very hard to pull off (see also: every attempt to fix English spelling conventions). 

After the Norman Conquest, most wealthy and powerful positions in England were occupied by people who spoke French, and so the more proper usage became aligned with French or Latin based vocabulary. Attempts to codify grammar, spelling and punctuation inevitably settled debates by deferring to "how they do it in London." 

It is usage (not grammar) that is used as a marker of class. Two things are true. First, these distinctions are completely made up and without any discernable basis in objective reality. In fact, when closely examined, they can look kind of dumb. Second, however ridiculous, you ignore them at your peril, because they still have enormous power in the world.

I love Fetterman. I don't always agree with his positions, but as a Pennsylvanian I will certify that he is the most Pennsylvanian Pennsylvanian who ever Pennsylvaniaed his way into government. He has defied the "proper usage" of political speech and fashion his whole career in a way that very much reflects a certain blue collar pragmatism that one finds in the state.

That said, not all usage transgressions are created equal. Shaking off the somewhat arbitrary restrictions of "proper" usage can get you the genius of Shakespeare, and it can get you gibberish. It can be a way to take back power, but the question of what you want to take back power for, exactly, matters a great deal. There are whole big conversations to be had about the power dynamics, and trying to put and keep people in their place, and trying to disrupt just because you're a chaos agent, and trying to shut people out just because they aren't adept at invoking the "proper" usage incantations. And I'm not going to post a whole book today.

But underneath it all is one big important truth--all of this stuff is made up shit. It is human beings decide to staple a hat to a penguin and then declaring that hat-stapled penguins have deep significance about the fate of society. It is about declaring that one community's traditions are objectively linked in some meaningful way to the Fate of Civilization As We Know It. There is nothing we humans like better than to make shit up and then tell ourselves how important that made up shit is, and that made up importance can become a self-fulfilling prophecy, until it isn't any more. 


Wednesday, September 20, 2023

Plunder, Private Equity, and Education

Brendan Ballou served as Special Counsel for Private Equity at the U.S. Department of Justice, which qualifies him to wrote Plunder: Private Equity's Plan to Pillage America. It's one of those books that you read to learn about things you were probably happier not knowing. And while it doesn't directly address education, when we put it together with a report on private equity in education, the writing on the wall is pretty huge.

Plunder is divided into three sections-- How They Make Their Money, How They Get Their Way, and How To Stop Them. Early on, Ballou explains how the private equity firm business model so often leads to disaster (for everyone else):

First, private equity firms typically buy businesses only for the short term. Second, they often load up the companies they buy with debt and extract onerous fees. And third, they insulate themselves from the consequences, both legal and financial, of their actions.

Ballou goes on to lay out some of the techniques used by private equity to squeeze money out of businesses. Leasebacks--make the business lease its own stuff, which also creates a insulating layer between the business and the true owner. Dividend recaps--basically borrowing money on the business's credit in order to give that money to the private equity company. Strategic bankruptcies. Forced partnerships--requiring the businesses you own to combine, perhaps by merger, or perhaps by making Company A get all its goods from Company B. Tax avoidance. Rollups--basically a monopoly style of taking control of a market. Layoffs. Price hikes. Quality cuts. Operational efficiencies.

Folks in education will recognize what he says about operational efficiencies, which "belie a certain arrogance in the private equity industry, the idea that in three to seven years, well-educated dilletantes can run a company better than those who've often spent a lifetime doing so." Yup. That sounds familiar.

The book devotes single chapters to the private equity takeovers of housing, retail, nursing homes, health care, and prisons. Ballou also gets into some very specific tactics, like suing the customers, a tactic used against "tens of thousands" of student loan borrowers.

Ballou looks at private equity takeovers in the public sector (check out The Privatization of Everything for even more details), with some attention to private equity in for-profit colleges. He brings up the example of Ashford University. Once private equity bought it, they went from 332 students to 83,000 mostly online students. But the university was allegedly "little more than a scheme to extract money from its students." When Senatore Tom Harkins looked into it, he found that the school had over 1,700 recruiters, and just one employee devoted to helping grads find jobs. And as we've seen in many cases, "the government subsidized the for-profit college, but did little to constrain its predation."

And that alone would seem like a clear indicator of the danger of voucherized private schools if private equity gets its hands on the K-12 sector. Private equity at its very worst is not simply interested in getting profits from its business--any business wants to extract enough money to pay its workers and leaders and insure its own survival into the future. But as this book shows repeatedly, private equity is not interested in the business's survival into the future, but simply looks to squeeze every penny out, right now, and if that nobbles or kills the business, oh well. Ka-ching, baby.

And you may think, "Well, let's be sure not to head down that road." And if that's your thought, I have bad news. 

The Private Equity Stakeholder Project works to track and engage the stakeholders and investors affected by various private equity shenanigans, and they have a whole report entitled Private Equity in Education that lays out some of the private equity holdings, and shows the ways that "Wall Street profits from a public good."

The big picture is striking enough. Private equity deals have been rocketing up for the past few years. In 2021, there were almost 150 deals involving $14M in capital. That's driven in part by the post-pandemic belief that "EdTech is a new and permanent asset class" aka sector that be sucked dry.

Private equity firms and the companies they own have promised to improve educational outcomes for struggling individual students and schools through new technology, personalized learning strategies, and resources for staffing and administration, but there is no conclusive data showing that school funding is better spent at private-equity owned companies than staying within the district.

The report at looks some specific areas where private equity has laid down its marker.

Curriculum development and test administration. 

The private equity technique of forcing its holdings to marry each other really figures in here. If you own the company that decides what gets taught and the company that determines how the outcomes are measured, then you can cash in big time. And it adds a whole other layer to what is already a big business octopus.

Take the Cambium group, which includes all sorts of  edu-bizes, like the Learning A-Z folks, Rosetta Stone, American Institute for Research (the SBA test folks), and a boatload of other companies both the curriculum and testing biz. Or HBH, aka Houghton Mifflin Harcourt, a giant octopus that used to be strictly in the text publishing business. They've also expanded through acquisition, including their recent acquisition of NWEA (the MAP test folks). In both cases, when you take their test, what do you suppose it recommends for remediation. And if you want to be pro-active and do well on the test, whose materials do you think are your best bet.

But that's not the end of it.

Both Cambium and HBH are owned by Veritas Capital, a big private equity firm. Renaissance Learning, McGraw Hill, Imagine Learning (including Edgenuity), Edmentum, Discovery Education, Carnegie Learning-- all owned by private equity companies. 

Not only do these companies produce curriculum and tests, but they also support big time lobbying (see a cool chart here). Which, as Ballou points out, is a big private equity tool--lobbying to make sure the rules favor you every step of the way.

That means a huge chunk of the industries that support education is in the hands of folks who can be expected to put their main attention on how to squeeeeeze these businesses for every dollar, and if that means lower quality and cutting corners, oh well. Ka-ching.

Outsourced staffing

For some outfits, the teacher exodus is not a crisis or a problem, but an opportunity. The report says that education staffing companies generated $1.2 billion in revenue in 2021. If you want to see how the private equity lens affects the view of this crisis, consider a Forbes column by Evan Erdberg, head of Proximity Learning Inc (previously acquired by Education Solutions Services, result of a merger with Source4Teachers, all under the control of private equity firm Nautic Partners). 

Erdberg acknowledged that this shortage is in large part due to teachers being undervalued, and noted that even though the average teacher salary recently reached $66,000 nationwide, this is not enough: “We cannot expect these highly educated, trained and experienced individuals to continue to work above and beyond their pay scale while never recouping the costs.” Erdberg offers PLI as a solution, but the company does not solve issues related to teacher pay. As of October 2022, PLI advertised pay for part-time virtual teachers between 20 to 30 dollars per hour, which comes out to less than the national average Erdberg cited in his Forbes piece.

Access to student data

Private equity is looking for ways to get value out of assets, and has been said repeatedly, data is the new oil. 

Vista Equity Partners owns at least 27 companies that provide them with a mountain of student data. Writes The Markup in an article entitled "This Private Equity Firm Is Amassing Companies That Collect Data on America's Children."

We found that the companies, collectively, gather everything from basic demographic information—entered automatically when a student enrolls in school—to data about students’ citizenship status, religious affiliation, school disciplinary records, medical diagnoses, what speed they read and type at, the full text of answers they give on tests, the pictures they draw for assignments, whether they live in a two-parent household, whether they’ve used drugs, been the victim of a crime, or expressed interest in LGBTQ+ groups, among hundreds of other data points.

No single one of Vista's companies holds every one of those data points, but Vista itself owns all of it. That includes the popular PowerSchool, SRB, Intersect, Naviance, Schoology, and Kickboard, plus others.

The report also looks at how these companies work to weaken regulations, such as student privacy regulations. 

And, of course, the sweeping up of actual education providers. In addition to the for-profit colleges that Ballou discusses, private equity has also been buying up early childhood education. KinderCare, O2B Kids, Littel Newtons, Northstar Preschools, Small Miracles--the list of private equity owned providers goes on. Many are part of the Early Care and Education Consortium (partnered with the Boston Consulting Group, another red flag), a group that lobbies hard against any public service model for pre-K. 

Charters are also ripe for the private equity crowd. The report outlines how Ron Packard, then CEO of K-12 (now Stride) the 800 pound gorilla of for-profit charters, spun off Pansophic Learning (supported with money from Dubai private equity form Safanad) which in turn gave us the ACCEL charter chain, an outfit that has really refined the many ways that a charter school can be gamed to make money using techniques that Ballou outlines in private equity handling of nursing homes and prisons. Make the business lease back its own stuff. Make money from real estate investing. In fact, Safanad also makes money in the nursing home biz, and Jeff Bryant and Yves Smith found strong parallels between how ACCEL squeezes money out of its charters and Safanad squeezes money out of nursing homes. Ka-ching.

In 2022, Carol Burris looked at how ACCEL gamed an Ohio charter school so thoroughly that even if the school failed, ACCEL would still make money. Because sometimes if you want the money out of the piggy bank, you just have to take a hammer to it.

That, as Ballou shows in his book, is the private equity game at its worst-- a dead-eyed focus on pulling money out of business so narrow that the success or failure of the business itself is irrelevant. As Ballou shows, that has catastrophic effects when applied to public utilities and prisons and nursing homes, and we can expect equally terrible effects in education. Certainly, children do not deserve to become collateral damage because some private equity dude feels he's not quite rich enough yet. 

Private equity should be kept far away from education (and all other sectors involving live human citizens). Schools are too important to be a target for plunderers, too vital to be treated as some private equity investor's piggy bank. You may want to check the Private Equity Stakeholder Project report, just to see if some private equity properties are latched onto your local school. It can help explain why it may seem as if some education business doesn't seem to be even trying to do its actual job--it's because private equity thinks a company's only real job is to generate that lovely sound that drowns out all the noises of complaint. Ka-ching. 


Tuesday, September 19, 2023

When Choice Advocates Work Really Closely With Legislators

Turns out that the Commonwealth Foundation has been working really closely with the PA legislature to push school vouchers.

The Commonwealth Foundation is a right wing dark money advocacy group. Goerge Coates, the chair of their board, also sits on the board to the State Policy Network (SPN), a collection of right wing activist groups and thinky tanks, and the board of DonorsTrust, a group that turns rich peoples' money dark and untraceable. They advocate for the usual stuff, and try fun tactics like "paycheck protection" and trying to convince teachers to quit their unions.

Commonwealth Foundation has always stayed close to the issue of vouchers in Pennsylvania, which have surfaced with locust-like regularity (here's 2017 and 2018, for examples). The next-to-most recent time (2022), the Foundation showed uncanny timing. When the House approved the neo-voucher Lifeline Scholarships, the Foundation had its press release ready to go that same day, with talking points remarkably similar to those used by the legislators pushing the bill. 

When the court ruled that Pennsylvania's school funding was unconstitutional, Foundation VP Nathan Benefield was at the front of the line of people trying to bend the court's ruling to mean that vouchers should happen

So there are no big surprises in today's news from The Keystone. A Right To Know request from The Keystone turned up an assortment of emails (they're right here) between Commonwealth Foundation and the state Treasurer's office. There's PA Treasury Policy Director Tom Armstrong reaching out to see if someone can come talk vouchers to Secretary Stacy Garrity, and Nathan Benefield replying that sure, the last time he spoke with her, "she said she'd like to see our office and stop for coffee, so maybe we can do that with or in addition to a policy discussion." Gee, I sure wish I could casually invite policy makers in government over here for some coffee and the chance to push my policy ideas.

Garrity's office was working with Senate GOP to get their newest version of education savings accounts--neo-vouchers- into law via the budget process. Meanwhile, Stephen Bloom, another Commonwealth Foundation VP, was staying in touch with Armstrong.

“Tom, with the Senate and the House versions of the Lifeline Scholarship bills having been introduced, we wanted to promptly provide you with our updated Fact Sheet and Talking Points on the bills. Please share with Treasurer Garrity and others on your team as you deem appropriate,” Bloom wrote.

You can read The Keystone's account of the sausage making for more detail, or if you have the stomach for it, dive on into the actual correspondence (only 13 pages of it). 

The governor vetoed the line item for vouchers, and so Commonwealth Action magically and suddenly appeared to spend money pressuring lawmakers to pass voucher anyway. 

It's another infuriating reminder that one of the best way to Get Things Done is to be someone whose only job is to sit in an office in the state capitol and maintain a network of contacts so you always get a hand in what's going on. 

P.S. The Keystone story comes with a reminder: Pennsylvania already has tax credit scholarships, a form of voucher that allows rich folks to give money to private schools instead of paying taxes to the state, and all the fans of even more vouchers dodged a ton of taxes (aka shifted the tax burden to other taxpayers) to the tune of millions of dollars. 

Sunday, September 17, 2023

ICYMI: Bunch of Dads Edition (9/17)

The CMO (Chief Marital Officer) here at the Curmudgucation Institute is complaining that Instagram is bombarding her with NSYNC reunion images, and "they just look like a bunch of dads." Also something about her lost youth. Meanwhile, the Board of Directors is sorting Legos. Just so you know about the kind of hard-hitting zero-cost scholarship that's going on here.

And now here's your weekly collection of stuff worth reading.

Raising the Bar on Kindergartners: A Nation at Risk Lives On

Nancy Bailey with a pointed reminder that littles are still under extra pressure and the secretary of education is still someone who doesn't quite get it.

Charter Schools Can’t Claim to Be Public Anymore

Carol Burris at The Progressive, explaining that North Carolina is showing the path to transforming charters into another version of private schools.

The Charter-School Movement’s New Divide

At The Atlantic, Cara Fitzpatrick takes a look at the implications of Oklahoma's proposed Catholic charter school, both for public ed and for charter schools.

Chartered: Florida is No. 2 in the country for charter school closures

A Tampa Bay news site has a whole series about charters in Florida. Start with this one about the incredible rate of charter failures and closures in the state. 

Christian lawmakers push battle over church and state after Roe

What if conservative christianists had their own version of ALEC?

James Lindsay Ties Together all the Conspiracy Theories for School Board Members and the M4L Crowd.


Sue Kingery Woltanski caught James Lindsay, a way right speaker, and his talk at a Leadership Institute Summit, and if you like your conspiracy theories with a big topping of commie alarmism, he's your guy. Read her piece, but beware the comments.

Dallas ISD superintendent says new grading method for Texas schools is connected to school voucher debate

Texas has long specialized in regularly moving the goalposts for school evaluation, but the Dallas superintendent says the latest tweak is just about making public schools "fail" so that students need to be "rescued" by the vouchers that Abbott and friends so desperately want to install.

Deeper Learning Requires Deeper Relationships?

Who knew? Well, most actual teachers knew, but Scott McLeod adds some data to the conversation.

Federal grant pays $126K salary of Florida official who pushes DeSantis education agenda

Well, wouldn't it be fun, if you were governor, to use federal grant money to push your own agenda (instead of whatever it was the grant was for). Just another day in Ron DeSantis's Florida.

Teachers are becoming more educated, but salaries are declining

With charts. Some data to use when you get into that argument with your uncle again.

Moms for Liberty Takes on Head Lice and Other Critical Issues

Yes, I recommend Nancy Flanagan every single week. That's because you should read her every single week. This time she tries to puzzle out a Moms for Liberty tweet. What's going on? Are they coming out as pro-lice? 

Takac: Now Is the Time to Invest in All Pa. Public Schools

State Rep Paul Takac tries to make a case that Pennsylvania should actually fund its school systems.


Jose Vilson goes school supply shopping with his child, and notes that school supply lists tell us something about school resources, and who gets them and who has to go shopping for them.

Chris Rufo’s dangerous fictions

Zack Beauchamp read Chris Rufo's book and talked to the guy on the phone, and comes up with one of the better Rufo profiles out there. "Exaggeration and hyperbole are not just incidental to his intellectual project. They are his project."

Local Parents, Educators Face ‘Attack’ on Public Schools from Indiana Lawmakers

Steve Hinnefeld runs down the state of Indiana's various attacks on public education.

Chicago Diminishes Suspensions and Expulsions by Adopting Restorative Practices as School Discipline Strategy

Jan Resseger looks at some data that suggests Chicago has made restorative practices work for school discipline.

My Students Are Writing. That Makes Me Happy

The indispensable Mercedes Schneider with a brief reflection on the moments when teaching just feels great.

Refusing to Censor Myself

Children's author Maggie Tokuda-Hall writes about what happened when Scholastic said it would like to pick up her book--if she would just cut a couple of things.

The Very Common, Very Harmful Thing Well-Meaning Parents Do

Technology makes it possible for parents to subject their children to more surveillance than ever. But Devorah Heitner explains why it's just a bad idea.

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Saturday, September 16, 2023

NM: 10 Year Struggle To Fix Funding

Pennsylvania is the most recent state to be declared in violation of its obligation to properly fund education, but it's certainly not the only one. And looking at others can be instructive about how well it works to use the legal approach to forcing fair funding . (Spoiler alert: not great) Let's look at New Mexico.

Their tale starts in 2014, with Wilhelmina Yazzie and her son Xavier. Xavier got straight As at the Gallup-McKinley school, but his results on national standardized tests suggested that maybe he wasn't actually in tip top learning shape. Maybe that's because the school lacked funding, teachers, tutors, computers, and enough textbooks to allow students to take them home to study.


Yazzie couldn't get a satisfactory response from school administrators beyond "we're doing the best we can with the resources we have." So she sued the state of New Mexico for not sufficiently funding education. In particular, the suit said, the state is failing to provide for students from poor economic backgrounds, Native American student, ESL students, and students with disabilities. It was failing to make students college and career ready.

Yazzie's suit was folded in with a similar suit from Louise Martinex, and thus was born the Yazzie/Martinez lawsuit.

That suit until its fifth year, 2018, Judge Sarah Singleton handed down a ruling. The thing is 76 pages long, but the outcome was simple enough--the court declared that the state was doing a lousy. 

Singleton explicitly avoided telling the state what it should do or where it should find the revenue. But she also was clear that the current method of starting with last year's budget number and arguing about whether the legislature felty like spending more or not, without once considering the question of how much money was actually needed to get the job done-- that method was not okay. 

Which is kind of remarkable when you think about it. We are pretty much used to the idea of education budgeting based on what officials feel like spending without ever, ever having a conversation about what is needed to do the job. It's an aspect of education reform that nobody ever talks about. 

At any rate, Singleton gave the state a deadline--have the public education department develop a plan to Do It Right by April of 2019. So the legislature came up with a plan that fixed the whole thing. Ha! Just kidding. The state asked the court to throw it all out, claiming that it had totally met the demands of the judge's ruling--the court said no. In some pointed words.

The state cannot be deemed to have complied with this court’s order until it shows that the necessary programs and reforms are being provided to all at risk students to ensure that they have the opportunity to be college and career ready. There is a lack of evidence in this case that the defendants have substantially satisfied this court’s express orders regarding all at risk students. The court’s injunction requires comprehensive educational reform that demonstrates substantial improvement of student outcomes so that students are actually college and career ready.

Well, yeah. In 2019 New Mexico was still 50th in graduation rate, and the Chance for Success index was D-plus--and last among all states. 

The state dragged its feet and embarked on a series of draft action plans to do... something. Here's a really comprehensive look at all the argle bargle and draft planning from 2022

Lots of various features had begin to take shape. In hopes of fostering some community and culturally responsive teaching, the PED called for Equity Councils for both public and charter schools. The job was to "implement a culturally and linguistically responsive framework to prepare students for college, career, and life by supporting their identity and holistic development, including social, emotional, and physical wellness." These, predictably, got a lot of pushback. And still, not much is actually happening.

Now it's 2023, and there was a summit in June by the Institute of American Indian Education on the subject of "So What The Heck Is Happening With That Lawsuit That Was Decided Five Years Ago?"

And now this month, New Mexico Attorney General Raul Torrez wants his office to take over the state's response, citing a "frustration with the lack of progress over the past five years." 

Democratic Governor Michelle Lujan Grisham, whose administration has been in charge since 2019 (so that attempt to get the courts to let them off the hook is on her) responded via spokesperson by saying, "Hey, we created some agencies and sent more money to local schools. Maybe you should go get on those local schools' cases about not spending the money well." They have in fact increased spending by, maybe, $3000 per student, which moves New Mexico all the way up to 36th place in the nation. 

But that's just money. The actual plan for how to boost education for the most disadvantaged students in New Mexico is still a draft in the PED computers. Meanwhile, conservatives continue the old complaint of "We're spending more money but scores aren't going up." As if five years or increased spending (with a pandemic smack in the middle) should be enough to turn the whole thing around.

Yes, New Mexico has charter schools (98 of them, with 25,000 students). The legislature even just handed them piles of money for building. That hasn't fixed things. Open enrollment--they have that in some locations. New Mexico has no state subsidies for private choice, though some folks would sure like them

What New Mexico has is a clear directive to get adequate funding its schools, even if that means wealthier residents have to pay taxes to educate Those Peoples' Children, and no apparent political will or interest in actually getting the job done. And really--if this were something the state's leaders cared about, simply knowing that they were at the bottom of the barrel in most educational indicators would have been more motivational than some court directive. And now Yazzie/Martinez is approaching its tenth birthday with no end in sight.

New Mexico's issue is the same issue as Pennsylvania, Ohio, New Jersey, etc etc etc. If state leaders don't feel particularly compelled to treat education as an important priority, can a court order really change that? I'm reminded of Rick Hess's insight, from another context, that you can use rules and regulations and, I suppose, court orders, to compel people to do something--but you can't make them do it well. Particularly if they don't want to. 

After all, there's nothing to keep legislators from making quality, well-resourced public education for all students a major priority and crafting budgets that reflect that priority. Any legislature could do it any time they wanted to, and they wouldn't even have to wait for a court order.