Topic: Education and Child Policy

Grenade Launchers: The Newest Must-Have School Supply

The Wall Street Journal reports [$] today that government-run schools are stocking up on military surplus equipment—including M-16 rifles, grenade launchers, and even multi-ton armored vehicles—through a controversial federal program. 

In the wake of school shootings in Sandy Hook, Conn., and elsewhere, some school security departments developed SWAT teams, added weapons to deal with any contingency and called on the federal government to help supply the gear. But now the program is facing renewed scrutiny from both outside observers and police using the program.

In south Texas, near the Mexican border, the sprawling Edinburg Consolidated Independent School District has 34,700 students and operates its own SWAT team, thanks in part to military gear it was given in recent years.

The department received two Humvees and a cargo truck from the surplus program, as well as a few power generators, said district Police Chief Ricardo Lopez. The district applied for weapons, too, but wasn’t given any, so instead purchased its own M-4 and AR-15 assault-style rifles, he said.

The Humvees have turned out to be helpful in responding to events such as burglaries at some remote elementary schools on ranchlands, he said, though the 12-member SWAT team hasn’t responded to any major incidents.

They need Humvees to respond to burglaries? And under what conceivable scenario is a grenade launcher needed in a school? At least the officials at L.A. Unified claim that they never intended to put grenades in the grenade launchers:

Some school districts, including the Los Angeles Unified School District, stocked up on grenade launchers, M-16 rifles and even a multi-ton armored vehicle, only to realize the downside of the free gear is the cost to maintain it and train officers to use it.

The district is getting rid of the grenade launchers, which it never intended to use to launch grenades or use in a school setting, said Steven Zipperman, chief of police of the Los Angeles Schools Police Department. The launchers, received in 2001 and classified “as less lethal munitions,” might have been useful to help other police forces in the county disperse crowds by shooting foam or rubber bullets, he said.

Reason’s Zenon Evans reports that officials claim they need the wanna-be tanks “victim rescue vehicles” to extract students from a school shooting:

The L.A. school cops also have a mine-resistant ambush protected vehicle (MRAP), a piece of equipment that often weighs upwards of 14 tons and was designed to fight asymmetrical warfare against Iraqi insurgents, not provide backup during study period patrol. Los Angeles school officers also have 61 M-16 rifles, presumably to prevent food fights from breaking out. The MRAP is worth $733,000 and each rifle is worth $499, but the DoD gives equipment away for the price of shipping.

L.A. cops aren’t the only ones with MRAPs this back to school season. The San Diego Unified School District has one, too. Oakland got stuck with a “tactical” utility truck. 

“We recognize the public concern over perceived ‘militarization of law enforcement,’ but nothing could be further from the truth for School Police,” Capt. Joseph Florentino of the San Diego district told NBC yesterday. Apparently, his department is converting it to a “victim rescue vehicle” that will “be designed for us to get into any hostile situation and pull kids out.”

Professor Jay P. Greene of the University of Arkansas cuts right through the absurdity of schools stocking up on military equipment:

This is a toxic combination of 1) school districts lining up for anything the feds are handing out, 2) the excessive militarization of local police (and apparently school security) forces, and 3) schools focusing on incredibly rare events, like school shootings, as opposed to incredibly common ones, like incarcerating millions of children in schools that fail to serve their needs.

Perhaps the U.S. Department of Education could set an example for school districts by dismantling its SWAT team

Chile’s Proposed Education Reforms Would Kill the Goose that Lays the Golden Eggs

For the past three decades, Chile has had a nationwide voucher-like school choice program. Parents can choose among public and private schools, and the government picks up most or all of the tab. But, since the election last fall of a left-leaning government led by Michelle Bachelet, the future of the program has been in doubt. In May, President Bachelet introduced a first round of reforms aimed at dismantling aspects of the program, though these are still under debate. I’ve written about what that could mean for Chile’s educational performance and equality in today’s edition of the Santiago-based El Mercurio. Here’s the original English version:

Chile’s elementary and secondary education system has been harshly criticized in recent years for academic underperformance and for having large gaps in achievement between lower-income and higher-income students. There is significant truth to both charges. What is less widely known is that Chile has been improving substantially in both respects for at least a decade, and that president Bachelet’s proposed reforms are likely to reverse that improvement.

Though Chilean students perform in the bottom half of countries on the Programme for International Student Assessment (PISA) test, many of the nations that participate in that test are rich and fully industrialized. When compared to other Latin American countries, Chile is number one across all subjects. More importantly, Chile is one of the fastest-improving countries in the world on international tests, and so it is gradually closing the gap with rich nations.

Bennett Piece Exemplifies Core Problems

This morning, former Reagan administration education secretary Bill Bennett took to the pages of the Wall Street Journal to make the “conservative” case for the Common Core. In that effort, he actually made a great case for Core opponents, illustrating the contradictions of the Core while furnishing several examples of all-too-frequent Core spin. And he did it, ironically, while implying that Core opponents have “badly and sometimes mischievously muddled” the Core story.

To lay all of this out I’ll provide some quotes, then either respond to them with my own information, or with another, largely contradictory, quote from Bennett’s piece. Let’s begin:

First, we can all agree that there is a need for common standards of assessment in K-12 education.

We can? What’s the evidence for that? Bennett offers none, and even loaded polling questions find that only about two-thirds of Americans support generic standards “that are the same across states.” And I, for one, think there need to be competing standards in order to see what works, what works better, and what works for different subsets of the unique individuals we call “children.”

When I was chairman of the National Endowment for the Humanities in the 1980s, I asked 250 people across the political spectrum what 10 books every student should be familiar with by the time they finish high school. Almost every person agreed on five vital sources: the Bible, Shakespeare, America’s founding documents, the great American novel “Huckleberry Finn” and classical works of mythology and poetry, like the Iliad and the Odyssey….That’s the fundamental idea behind a core curriculum: preserving and emphasizing what’s essential, in fields like literature and math, to a worthwhile education.

Presumably, the Core includes these readings that almost everyone Bennett polled agreed students should tackle. Right? Um, no:

Why then is Common Core drawing such heavy fire? Some of the criticism is legitimate, but much of it is based on myths. For example, a myth persists that Common Core involves a required reading list. Not so.

Here we see a basic problem for Core supporters: they want the public to believe either that the Core is rich and rigorous, or that it is empty and just a floor, depending, is seems, on whom they are trying to convince to support it. So in one breath they’ll talk about the obvious need for core content, and in the next they’ll protest if anyone says the standards have, well, core content. This may be because there actually is no unanimous agreement on what students should read.

Governors, state education administrators and teachers used these principles as a guide when they developed a set of common standards that were later presented to the country as Common Core. Forty-five states signed up originally.

Let’s be clear: States adopted the Core, in the vast majority of cases, only after the federal government all but said they had to in order to compete for $4 billion in Race to the Top money. Federal force was further applied by the No Child Left Behind waiver program. And all this occurred in the context of federally driven standards and testing since at least 1994. So, would most states have adopted the Core on their own? We don’t know for sure, but the evidence is heavily stacked against it.

Critics accused President Obama and Education Secretary Arne Duncan of dangling federal money to encourage states to adopt the Common Core. The administration never should have done this. It made a voluntary agreement among states look like a top-down directive from the federal government. But remember: The original Common Core standards were separate from the federal government, and they can be separated once again.

Self-Driving School Choice

Over at Education Next today, I discuss how self-driving cars have the potential to dramatically expand educational options. Here’s a taste:

Self-driving cars will be able to respond to surroundings much faster than human reflexes, allowing for greater safety at much greater speeds. That will cut down on commute times, or allow people to work—or send their kids to school—further from home with the same commute time. Moreover, freed from the need to focus on the road, time spent commuting could be much more productive.

With commutes shorter and more productive, the distance that parents will consider logistically feasible will significantly increase. That could exponentially expand the number of educational options that parents consider within driving distance. Using Private School Review’s search feature, I found 12 private schools within three miles of my Arizona home, 34 schools within five miles, 69 schools within ten miles, 234 schools within 25 miles, and 304 schools within 50 miles. Now that’s choice!

School Bureaucracy and the Death of Common Sense

If you needed more proof that bureaucracy induces the sacrifice of common sense to rigid rules, there’s this forehead-slapping story from the Washington Post’s Petula Dvorak:

Avery Gagliano is a commanding young pianist who attacks Chopin with the focused diligence of a master craftsman and the grace of a ballet dancer.

The prodigy, who just turned 13, was one of 12 musicians selected from across the globe to play at a prestigious event in Munich last year and has won competitions and headlined with orchestras nationwide.

One would expect that she’d be the pride of her school. Unfortunately, little Miss Avery attended a government-run school in Washington D.C.

But to the D.C. public school system, the eighth-grader from Mount Pleasant is also a truant. Yes, you read that right. Avery’s amazing talent and straight-A grades at Alice Deal Middle School earned her no slack from school officials, despite her parents begging and pleading for an exception.

“As I shared during our phone conversation this morning, DCPS is unable to excuse Avery’s absences due to her piano travels, performances, rehearsals, etc.,” Jemea Goso, attendance specialist with the school system’s Office of Youth Engagement, wrote in an e-mail to Avery’s parents, Drew Gagliano and Ying Lam, last year before she left to perform in Munich.

Although administrators at Deal were supportive of Avery’s budding career and her new role as an ambassador for an international music foundation, the question of whether her absences violated the District’s truancy rules and law had to be kicked up to the main office. And despite requests, no one from the school system wanted to go on the record explaining its refusal to consider her performance-related absences as excused instead of unexcused.

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.

Why Tax Credits Survive Legal Challenges But Vouchers Often Don’t

Yesterday, on the same day that the New Hampshire Supreme Court rejected a challenge to the state’s scholarship tax credit law, a district court judge struck down Oklahoma’s special-needs voucher law.

Both vouchers and scholarship tax credit laws are constitutional under the U.S. Constitution, but vouchers laws have often run afoul of states’ historically anti-Catholic Blaine Amendments, which prohibit public funds from being expended at religiously affiliated schools. By contrast, scholarship tax credit laws have a perfect record at both the federal and state courts because they rely on voluntary, private donations. Donors to nonprofit scholarship organizations receive tax credits worth 50 percent to 100 percent of their donation, depending on the state. In ACSTO v. Winn, the U.S. Supreme Court held tax credit funds did not constitute public money because they had not “come into the tax collector’s hands.” These credits are constitutionally no different than tax deductions for charitable donations to nonprofits (including religious organizations) or the 100 percent property tax exemption granted to houses of worship. In none of those cases do we say that the nonprofit or religious institution is “publicly funded.” 

Yesterday’s decision is heartbreaking for the hundreds of Okie children with special needs who use the vouchers to attend the schools of their parents’ choice. If Oklahoma policymakers want to help those children, they will follow the legal advice of the Institute for Justice and enact a special-needs scholarship tax credit or expand their existing tax credit law.

For more on the the New Hampshire decision, listen to this Cato Daily Podcast with the Institute for Justice’s Dick Komer, who argued the case before the state Supreme Court.

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