Tag: teachers union

Anti-School Choice Activists Demand Judge’s Recusal Because She’s Catholic

It’s bad enough that a Florida teachers union, the Florida School Boards Association, and the PTA filed a lawsuit to deprive low-income students of scholarships citing the state constitution’s historically anti-Catholic, Know-Nothing inspired “Blaine amendment.” But now anti-school choice activists are demanding that a judge recuse herself from another lawsuit against the state’s choice laws because she’s Catholic.

Kathleen Oropeza, president of the ironically-named Fund Education Now (given that they want to deny tax-credit scholarship funds to low-income students), filed a motion demanding that the circuit court judge recuse herself for the following reasons:

2. On August 26 and 27, 2014, I discovered facts concerning Judge Angela C. Dempsey that cause me to believe that she is biased against the Plaintiff’s position that the Florida Tax Credit Program and the McKay Scholarship Programs are violations of Article IX of the Florida Constitution.

3. The facts are as follows:

a. Judge Dempsey is a member of the Board of Directors of Catholic Charities, and a contributor to same.

b. Judge Dempsey has been a speaker at Trinity Catholic School in Leon County, which is a recipient of funds from the Florida Tax Credit Scholarship Program and the McKay Scholarship Program as well as Step Up for Students which provides vouchers to Trinity Catholic School. (See Ex. A.)

c. The Florida Catholic Conference was an amicus curiae in Bush v. Holmes, 919 So. 2d 392, 404 (Fla. 2006), and supported Opportunity Scholarship vouchers which were struck down by the Florida Supreme Court.

d. Plaintiff’s research has led her to discover a Catholic strategy for saving Catholic education through Florida-style Opportunity Scholarships. A 2011 report, From Aspirations to Action, provides the strategy for this Catholic position complete with “Opportunity Scholarship” model legislation and with getting rid of the Blaine/No Child language through-out the nation, which Plaintiff believes has made Judge Dempsey unable to be impartial in this case. Also, Rev. Larry Snyder, president of Catholic Charities USA, is listed as a Council Member of the National Leadership Roundtable on Church Management, the organization which produced the position statement. (Ex. B, at 77.)

e. On April 20, 2014, Face the Nation reported that Cardinals and Bishops of the Catholic Church are pushing vouchers as a solution to a public school report. […]

4. These facts make me believe there is a continuing association between Judge Dempsey and the interests in my case through her relationship with the Catholic doctrine and position on vouchers for Catholic schools; Catholic Charities; Trinity Catholic School; and as a contributor to Catholic causes. Had I been aware of this relationship, I would have moved to disqualify her before she ruled in my case.

The judge belongs to a Catholic charity and has spoken at a Catholic school, the local Catholic Conference took a position in the original lawsuit, and a cardinal in another state said nice things about school choice on TV, therefore the anti-school choice activists want her to recuse herself. In other words, they want her to recuse herself because she’s Catholic.

The defendants’ response to the motion of recusal firmly rejects Oropeza’s arguments as “legally insufficient” and not “objectively reasonable”: 

10. Plaintiffs’ claim, as articulated in Ms. Oropeza’s affidavit, is legally insufficient. Of the five reasons articulated by Ms. Oropeza, only two—Judge Dempsey’s membership in and board service for Catholic Charities of Northwest Florida, and her role as a speaker at a Leon County parochial school—actually relate to the judge’s own activities. But neither of these affiliations indicate that Judge Dempsey is biased on the question of so-called voucher programs. According to its website, Catholic Charities of Northwest Florida focuses its charitable efforts on immigration, crisis pregnancy and adoption, and emergency assistance—not vouchers or other education issues. And a speaking engagement by Judge Dempsey at a parochial school that receives voucher funds—at an unspecified time, on an unspecified topic and in an unspecified capacity—provides no basis to impute any bias to Judge Dempsey on the question of vouchers or any other topic at issue in this lawsuit.

11. The remaining three “facts” alleged in Ms. Oropeza’s affidavit show nothing more than some individuals and organizations, with some degree of affiliation to the Catholic Church, support the enrollment of students at parochial schools through voucher programs. Unless Plaintiffs were to assert that all Catholics, by reason of their faith, support voucher programs to such a degree that they are unable to render an unbiased opinion on the issue—a position that Ms. Oropeza expressly disclaims—there is nothing about these third party positions that could shed any light on Judge Dempsey’s own ability to fairly and impartially preside over this case.

The defendants also note that there “are no judges in this state who have no involvement with the schools of this state,” since they “either have or had children in school, studied in Florida schools themselves, or have close relatives involved in Florida’s schools,” yet it would be ludicrous to demand that a judge recuse herself for such reasons. It would be equally absurd to demand that female judges not preside over cases involving abortion or sexual harassment or that black judges recuse themselves from cases involving racial discrimination.

Hilariously, Oropeza claimed in her motion, “I do not base this motion on Judge Dempsey’s religious beliefs, but rather on the positions of the organizations with which she is affiliated.” Yes of course, organizations like… the Catholic church and affiliated Catholic charities. But this has nothing to do with the judge’s religious beliefs, she claims, it’s just an attempt to protect citizens from the nefarious “Catholic strategy” that she “discovered” in her “research.” That sounds awfully familiar…

Thomas Nast's anti-Catholic "American River Ganges" cartoon, 1875 

Image: Thomas Nast’s infamous 1875 “American River Ganges” cartoon depicts a noble white Protestant male protecting his family from the bishops’ “Catholic strategy.”

Last year, plaintiffs demanded that a federal judge recuse himself from a case involving the Catholic church because he is Catholic. Sadly, the demand that Catholic judges recuse themselves from certain cases is increasingly common, even from seemingly respectable sources. The imposition of a religious test for judges should be vigorously resisted.

Fact-Checking the Teachers Union: A Follow Up

Yesterday, I noted that American Federation of Teachers (AFT) president Randi Weingarten cited an imaginary statistic on MSNBC’s “Morning Joe.” Weingarten claimed that “most teachers right now in America have less than two years of experience.” That’s clearly false because the most recent NCES data shows that 91 percent of government school teachers had more than three years of classroom experience in 2011-12.

As I noted in an update to my post, some claimed that Weingarten had probably intended to refer to the mode, not “most.” Weingarten herself later admitted that she misspoke and meant to refer to the mode, but even then, the data she meant to cite was out of date. What she said was technically true for 2007-08 (though misleading, as I will show), but she claimed that this was the case “right now,” which is false. In fact, the most recent data (see page 12) show that the mode for teacher experience was five years in 2011-12.

Nevertheless, she still claims that the statistic she meant to cite buttresses her point. Actually though, her use of that statistic is misleading.

Fact-Checking the Teachers Union

In a conversation about teacher tenure reform on MSNBC’s “Morning Joe” today, Randi Weingarten of the American Federation of Teachers (AFT) claimed that “most teachers right now in America have less than two years of experience.”

Studies show that teachers are more effective after a few years of classroom experience, so this new development would be quite disturbing… if it were remotely true.

According to the most recent data from the National Center for Education Statistics, only 9% of government school teachers had less than three years of classroom experience in 2011-12. Even charitably assuming that by “most” Weingarten meant only 50.1%, there would have had to have been massive layoffs and unprecedented hiring in the last two years. Since the number of teachers has not changed significantly in that time, Weingarten’s claim assumes that about 1.4 million experienced teachers were replaced by new recruits since 2012. The latest NCES data showed only 8% of government school teachers leaving the profession after the 2008-09 school year, which is fewer than 275,000.

In other words, Weingarten would like us to believe that the number of teachers leaving the profession has increased five-fold in five years. Even half that number would have resulted in screaming headlines across the nation. It simply did not happen.

Florida Parents Fight for Educational Choice

On what would have been the 102nd birthday of Milton Friedman—the godfather of educational choice—six families with children that have special needs are fighting back against Florida’s largest teachers union, which is seeking to kill the Sunshine State’s newest educational choice program.

Milton Friedman on educational choice.

The Florida Education Association is suing the state of Florida to eliminate the new Personal Learning Scholarship Account (PLSA) program, among other recent education reforms, including an expansion of the state’s scholarship tax credit law. Modeled after Arizona’s popular education savings account (ESA), the PLSA would provide ESAs to families of students with special needs, which they could use to pay for a wide variety of educational expenses, such as tuition, tutoring, textbooks, online learning, and educational therapy. Six families with special-needs children who would have qualified for the program are seeking to intervene as defendants in the lawsuit, represented by the Goldwater Institute’s Clint Bolick.

The union’s lawsuit argues that the legislation creating the PLSA, Florida’s Senate Bill 850, violated the state constitution’s “one subject rule” because it contained a variety of education reforms.

Teachers Union Poll Is Not Credible

Yesterday, the American Federation of Teachers (AFT) released the results of a poll conducted by a Democratic polling firm supposedly showing that American parents don’t support a plethora of education reforms, including school choice, and would rather increase funding for public schools. A closer examination reveals that the some of the AFT’s poll questions were designed to push respondents into giving the answers that the AFT wanted, which is why their results are so different from previous polls from more credible organizations.  

Here’s an example of how the AFT phrased their questions:

With which approach for improving education do you agree more?

APPROACH A) We should focus on ensuring that every child has access to a good public school in their community. We need to make the investments needed to ensure all schools provide safe conditions, an enriching curriculum, support for students’ social and emotional development, and effective teachers.

APPROACH B) We should open more public charter schools and provide more vouchers that allow parents to send their children to private schools at public expense. Children will receive the best education if we give families the financial freedom to attend schools that meet their needs.

It’s no surprise that 77 percent agreed with the first approach and only 20 percent agreed with the second. Either “invest” in “good” public schools in your “community” and receive all sort of wonderful goodies (“enriching curriculum!” “effective teachers!”) or forgo all that so that some parents can send their kids to private school “at public expense.” Aside from the fact that this is a false choice (competition can actually improve public school performance and school choice programs can save money), the wording is blatantly designed to push respondants toward Approach A.

But what if we rewrote those options?

APPROACH A) We should focus on ensuring that every child has access to a good public school in their community. Children will receive the best education if the public invests in better public school safety, curriculum, support services, and teachers.

APPROACH B) We should focus on ensuring that every child has access to good public charter schools and private schools in their community. Children will receive the best education if the public invests in giving families the financial freedom to choose the schools that meet their needs.

This question is clearly more fair than the AFT poll’s since it employs similar wording in each answer. If we wanted to push respondents toward Approach B, we could replace “invests” with “at the public expense” and employ additional shenanigans like the AFT poll did (e.g. - “choose the schools with the most enriching curriculum and most effective teachers”).

Fortunately, we don’t have to imagine how the public would respond to fairly-worded questions. Harvard University’s Program on Education and Governance conducts an annual survey of the public’s views on education policy that meets the highest standards for fairness and rigor. The survey eschews language designed to push respondents in a certain direction and often asks the same question with multiple wordings. According to the 2012 Harvard poll:

  • 54% of parents favor giving all families a “wider choice” to “enroll their children in private schools instead, with government helping to pay the tuition” compared with 21% opposed.
  • 46% of parents favor giving low-income families a “wider choice”  to “enroll their children in private schools instead, with government helping to pay the tuition” compared with 21% opposed.
  • When not given a neutral option, 50% of parents favor giving low-income families a “wider choice”  to “enroll their children in private schools instead, with government helping to pay the tuition” compared with 50% opposed.
  • When the question omits the words “a wider choice” and only asks about using “government funds to pay the tuition of low-income students who choose to attend private schools,” 44% of parents are in favor with 32% opposed.

Note that while support fluctuates depending on the wording, no matter how Harvard asked the question there was still more support among parents for school choice than opposition.

Moreover, when asking about scholarship tax credits instead of vouchers, the support was even higher:

  • 57% of parents supported “a tax credit for individual and corporate donations that pay for scholarships to help low-income parents send their children to private schools” compared with 16% opposed.
  • When not given a neutral option, 73% of parents supported “a tax credit for individual and corporate donations that pay for scholarships to help low-income parents send their children to private schools” compared with 27% opposed.

The AFT’s poll results only look so different from Harvard’s because their poll was designed to reflect what the AFT wanted to hear rather than what the public really believes.

Chicago, and Why Public School Unions Strike

Source: Chicago Tribune / http://trib.in/RDzuo8

Chicago’s teachers have just walked off the job, and most of the media coverage is quick to point out that this is the city’s first strike in a generation. But is anyone really that surprised by a public school union striking just as kids are supposed to be heading back to class in September? Wouldn’t you be a lot more shocked if you logged on to Amazon.com and were greeted by the message that its site was down due to an employee walkout? Or if you took the kids to the movies to see the latest cartoon extravaganza and found picketing ticket-takers? What is it about public schools—and other government enterprises, for that matter—that have made their unions so much more dominant than those in the private sector? [Two thirds of the public school workforce is unionized compared to about 7 percent in the private sector].

Competitors. Or, rather, the lack of them. Private sector workers can only demand so much from their companies before the demands become self-defeating. Get a pension package that’s too cushy, a salary that’s too far above the market rate, and the employer will have to pass those costs on to customers. And if those higher prices aren’t accompanied by correspondingly better quality, customers will simply go elsewhere—hurting the employees who asked for more than the market would bear.

And there’s the problem with public schooling: there’s no “elsewhere.” If you don’t like the way your local school district is run, there isn’t a competing school district vying to provide your kids with a better education at a lower cost. You’ve got no place else to go, and unions know this. So they can ask for more employees to be hired, better pensions or health benefits, and they can demand that their compensation not depend on their performance. And there’s very little that parents and taxpayers can do about it.

That’s what’s happened in Chicago, where the average teacher’s salary is about $75,000 (almost 50% above the citywide private sector average), public sector retirement benefits are so generous that Illinois owes $203 billion for this purpose that it simply doesn’t have, and the teachers’ union has decided that it will not go along with the district’s plan to make salaries depend partly on classroom performance.

In the absence of real private sector competition and parental choice, public school unions have been able to drive up the system’s costs without needing to show improvement in performance. Sooner or later, Illinois will adopt a system, like education tax credits, that provides real choice and competition, because the current system will ultimately bankrupt the state.

Dear Ms. Weingarten: I’ll Show You Mine if You’ll Show Me Yours

Teachers’ union president Randi Weingarten writes in the Wall Street Journal today that markets are not the answer in education. She seems to have reached this conclusion based on the testimony of a few foreign teachers’ union leaders and government officials who… run official government education monopolies.

Call me old fashioned, but I prefer to reach policy conclusions based on empirical research. So after comparing the performance of alternative school systems over the past 2,000 years, I surveyed the modern econometric literature on the subject for the Journal of School Choice. What I found is that the freest, most market-like education systems consistently outperform the sorts of state monopolies preferred by Ms. Weingarten and her fellow travelers. Appended below is the chart counting up how many studies favored education markets over state school monopolies, and vice-versa, in each of six outcome areas.

If Ms. Weingarten is aware of a similar weight of scientific evidence favoring her position, she should present it. Otherwise, why would anyone bother to heed her? More puzzling still, what was it about her alleged-dog-allegedly-bites-man op-ed that the WSJ thought worth publishing?