A Lesson in Systemic Racism, Part II: ALEC, School Closures, and the School-to-Prison Pipeline

The previous post, entitled “A Lesson in Systematic Racism: Stand Your Ground, the NRA, and the American Legislative Council (ALEC),” examined the connection between the untimely death of Trayvon Martin and the powerful lobbying groups that made laws like “Stand Your Ground” possible. This post expands on the previous one by highlighting ALEC’s connection to school closures and the privatization of education.

Arlington, VA – On Thursday, July 18, 2013, a coalition of faith, labor, education and anti-gun violence groups staged a rally at the newly relocated headquarters of the American Legislative Exchange Council (ALEC). ALEC gained notoriety last year after the revelation that it was instrumental in writing the “Stand Your Ground” law used in Florida and other discriminatory legislation. In light of the recent not-guilty verdict for George Zimmerman, the protesters demanded the repeal of Stand Your Ground (aka “kill at will”) in Florida, aiming to change the system that killed Trayvon Martin.

In addition to seeking justice for Trayvon, speakers at the event drew attention to the corporate influence ALEC has on government. By bringing together business leaders and state lawmakers to write laws before they are even passed, ALEC ensures the advancement of a corporate agenda at the state level. This affects everything from worker’s rights to safety net programs. Speakers at the event talked about how ALEC’s laws perpetuate school closures, low wage jobs, and gun violence.

Josh Horwitz, Coalition to Stop Gun Violence:

Josh Horwitz

“With the George Zimmerman trial we saw that now what was once murder is no more. Saving human life is not valued. That’s not Virginia values, that’s not American values, and that’s not legal values. Instead of sitting upstairs and drinking wine and eating snacks and celebrating their move to Virginia, ALEC and the corporations that support it should humble themselves and work as hard as they can to repeal the stand your ground laws before one more kid is killed.”

Brendan Fischer, Center for Media and Democracy (publisher of ALECexposed.org):

Brendan Fischer

“This is much more than ‘Stand your ground.’ It includes efforts to push voter ID to make it harder to vote. Efforts to prohibit cities from banning ammunition or banning dangerous machine guns. They’ve also pushed harsh sentencing laws like ‘three strikes you’re out.” At the same time that they were pushing private prisons, which, as more people were flowing into prison, the profits were increasing for private prison industries like Correction Corporation of America, which just happen to be ALEC members. Not surprisingly, these bills do have a disproportionate impact on people of color.  And you are probably not surprised to know that many of the people who are in these ALEC meetings deciding to adopt these bills and spread them around the country, are White.”

Sabrina Stevens, American Federation of Teachers (AFT):

Sabrina Stevens

“When we look at organizations like ALEC, especially what they have done to our entire society, that comes into classrooms every day. So, whether it’s children who are tired because they are struggling to find a place to live with their parents who don’t get paid enough, whether it’s people who because of the three strikes laws and other that they’ve helped to pass that make it easier to incarcerate people than to let them vote. All of those things show up in our classrooms. And then, they exploit that perception of failure to create even more excuses to profitize and privatize schools. Those schools in turn don’t hold teachers or the companies accountable for actually tracking students, keeping track of where they are. They do make a lot of profit. And we end up with undereducated children who are fed right into the school to prison pipeline. We have to say no. We have to stand up to this.”

ALECexposed.org lists detailed information about how ALEC has led the fight to de-fund public schools and privatize education:

“Through ALEC, corporations, ideologues, and their politician allies voted to spend public tax dollars to subsidize private K-12 education and attack professional teachers and teachers’ unions by…promoting voucher programs…segregating students with disabilities…setting up low-income students for failure in college…[and] undermining teacher’s unions.”

We’ve seen this at the local level here in DC through past and current public school closures. At the national level, school closures are happening across the country in major cities like Chicago, Detroit, Philadelphia, and New York. It’s clear there is a concerted effort from the right to end public schools as we know them. It’s clear that ALEC is instrumental in these efforts. And it’s clear that these policies disproportionately affect low-income students and families, particularly communities of color.

DCPS School Closure by Racial/Ethnic Make-up of Affected Neighborhood

Discrimination can happen on a variety of levels; from personal, interpersonal, to structural or systemic. Structural violence is defined as an “avoidable impairment of fundamental human needs.” By advocating policies that systematically disenfranchise communities of color (i.e. education, healthcare, nutrition), ALEC perpetuates structural violence and systemic racism. Like the map above illustrates all too well, today’s racism comes in the insidious form of policies that target traditionally oppressed communities.

The murder of Trayvon Martin shows how children are often the casualties of the laws promoted by ALEC. Not only that, kids are not getting access to the education they deserve because of the laws that ALEC advocates. Rev. Dr. Martin Luther King, Jr. said in 1967 “The United States is the biggest purveyor of violence in the world today.” In 2013, the U.S. remains as violent as ever, both at home and abroad. It may be true that ALEC is the biggest purveyor of structural violence in the US today. It has to stop.

Visit ALECexposed.org to learn more about the fight against ALEC, and register for the 50th Anniversary of the March on Washington to realize Dr. King’s dream for the future.

Events Leading Up To DC Public School Closings Lawsuit

events_leading_up_to_lawsuit

From left to right – Adrian Fenty, Vincent Gray, Kaya Henderson and Michelle Rhee.

Although the injunction that would have stopped the closing of 15 DC Public Schools was denied and we’re still waiting to find out the date for the hearing that will decide the actual merits of the case, it might make sense to remind ourselves of the events that led to the lawsuit in the first place.

In my experience, the seeds for the lawsuit were sown in the first week of January, 2007, when the newly elected Council chair (Vincent Gray) dissolved the Committee on Education and the newly elected mayor (Adrian Fenty)  announced his intention to take over the schools.

There was strong opposition to that idea expressed in testimony at the hearings and through protests and demonstrations.  There was a call for the matter to be decided by the people in a referendum since a mayoral takeover required a change to the Home Rule Charter that would decrease the people’s power in determining their own affairs for themselves.

By June, Fenty had, through the Public Education Reform Amendment Act of 2007 (PERAA), stolen the power of the people and taken it unto himself. The law further decreased the power of the people by putting the elected Board of Education way over there to the side as an advisory body with little if any power, while the Council’s power to focus on education matters through a committee was weakened to near nothing by being dispersed among all thirteen members.

With the people shoved aside–no more Board of Education responsible for hiring the best qualified school Superintendent and no more Education Committee on the Council–Fenty used his power to appoint into the PERAA created position of “chancellor,” a woman who had never run a public school district before in her life.  This too was opposed because the mayor bypassed the provisions of the law that first, required a search committee be formed to find candidates for the position, and second, required that the person be qualified by education and experience.  That opposition was ignored as well.

Rhee’s experience in education consisted of attendance at private schools herself, three years of Teach for America experience in a pilot program to test a profit making company’s idea in a Baltimore public school, and 10 years as the founder and president of a teacher placement agency called the New Teacher Project in NYC.  Nevertheless, Fenty handed DCPS over to her on a silver platter and the two of them quickly adopted an attitude that DCPS belonged to them in a very private manner and no one else had any say in it.  Within two years of the establishment of the Ombudsman’s office, it was “defunded” and never heard about again.

Don't_close-Sharpe_or_Spingarn

Parents protest the closing of their children’s schools.

Throughout their tenures, opposition arose to many of the actions they took. Hundreds of people, elementary, middle and high school students among them, testified at innumerable Council hearings about the way teachers and their union were being treated–closing 23 schools, budgets that were all over the place, the assignment and reassignment of principles in all manner of nonsensical ways and much, much more. For the most part, the Council’s response was to shrug their shoulders claiming there was nothing they could do.

In 2010, Fenty was defeated by Gray; Rhee left; and Gray, also ignoring the provisions in PERAA for filling the position of “chancellor,” simply calls up Rhee’s Deputy, Kaya Henderson, who had no more idea of how to run a public school system than Rhee.  Henderson came from public schools in a middle class suburban district, also got into teaching the Teach for America way and spent 3 years teaching Spanish before she became the Vice-president of the New Teacher Project (NTP).  In that position she acquired a contract for NTP with DCPS to place teachers in it and eventually moved to DC to manage the contract on site.

Henderson and Gray have continued what Fenty and Rhee started–keeping the public’s voice out of any say in how the schools are run, despite the fact they they are funded by the public’s money.

The five year report on the mayoral takeover required by PERAA came due in 2012. But it has not been forthcoming. What the public got instead was another so-called Five Year Strategic Plan, “A Capital Commitment” that reads as nothing more than a list of many of the same problems DCPS started with in 2007. But the strategic plan, together with five years of test scores going up and down in small amounts but never consistently up, and all overshadowed by suspicion of cheating to boot, shows just how little mayoral control and a “reform” regime of TFA “thinking” writ large to an entire public school district have yielded for all the money that has been spent and all the pain endured.

Henderson’s announcement last November just before the holiday season to close 20 more schools was the straw that broke the camel’s back. The pain of being excluded from a say in the schools crystalized into a stand–“Enough!”

While Mendelson won the election for Council chair and by January had restablished the Committee on Education, parents and other members of the public, whose voices had been ignored by their elected representatives for 6 years, did the smart thing and moved on to the Court in order to be heard as to the injustice of decisions that they had no part in being made about their children, that prevented them from protecting their children and finally to stop the plan to implement another decision of harm against them.

The parents who actually brought the suit spoke for and represented thousands upon thousands of parents and other members of the public aware of the need for a serious examination of the direction DCPS has been led in since 2007. It was the major issue in the recent special election. The public is done being treated as though DCPS is the private possession of the mayor and “chancellor.”

Regardless of the Judge’s ruling, the parents have made their point and that is a win for all of us.

Courage and a Plan

Since 2003, Washington D.C. has seen a 43 percent decline in children placed in foster care. Though some progress has been made we are still seeing greater numbers of families struggling to access the resources they need to stay together when compared to the rest of the country. Our nation’s capital has one of the highest child poverty rates in the country with nearly 50 percent of youth in Ward 8 and 40 percent of youth in Ward 7 living below the federal poverty line. In 2011, Ward 8 had the highest unemployment rate in the nation.

The above video was also produced by Adwoa Masozi to accompany the Justice Policy Institute Report Fostering Change.

These same wards are predominantly African-American and have the highest rates of children entering the child welfare system, of which 99 percent are youth of color (93 percent African-American and 6 percent Latino) according to research in Fostering Change, the latest report put out by the Justice Policy Institute. Fostering Change shows how family and neighborhood poverty are two of the strongest predictors of child maltreatment, and that the conditions poverty creates can ultimately lead to a child being removed from their home.

When considered in a broader socioeconomic context, poverty becomes more than the absence of income and or earning potential—that is, a lack of work opportunities, quality or not, to support oneself and her or his dependents. It is also dealing with the collateral effects of not being able to take care of basic needs such as buying food, medical care, school supplies and adequate clothing or paying for transportation, utilities and rent. These are just some of the conditions that can lead to children being maltreated. JPI’s report found that abused and neglected children are 59 percent more likely to be arrested, 28 percent more likely to be arrested as adults, and 30 percent more likely to commit a violent crime. In 2011, half of youth under the supervision of the District’s juvenile justice agency, Department of Youth and Rehabilitative Services (DYRS), were from Wards 7 and 8.

You see, in the end, these children grow up. For all people currently incarcerated in the United States 1 in 3 women and 1 in 10 men report a history of abuse as children. So, when we think about the needs of children in poverty, equal thought must be extended to that child’s family on whom she ultimately depends.

fostering_change_page_01-full

How many hardships would be mitigated and lives spared the trauma of family separation and or justice system involvement if they had access to quality jobs, mental health services and for the child, an uninterrupted education? Fostering Change cites parental incarceration, substance abuse and inadequate housing as some of the leading causes for youth involvement in the child welfare system. Nationally, 80 percent of children entering foster care are a result of at least one parent experiencing a substance abuse disorder. In 2010, 1 in 6 District youth entering foster care had an incarcerated parent. Think if substance abuse were treated like a public health issue rather than a criminal one? Or if instead of building exorbitantly priced condos, there were parallel investments made in maintaining and increasing the availability of affordable housing that kept pace with the need, as articulated by the city’s poverty levels?

These problems, however daunting, aren’t insolvable. Families are doing their best and brave varying levels of unrelenting uncertainty every day. That is courage and something we need a little more of in this city—not from those going through it, calling for it, and writing reports about it but the decision makers with the power to eliminate these conditions that flat-line the trajectory of countless African-American and Latino youth in D.C.’s at-risk communities.

The other half of what’s needed is a comprehensive plan that’s viable. Substance abuse, disproportionately high incarceration rates, poor health, and low educational attainment are symptomatic of deeper systematic social inequity and a historical lack of access. Fostering Change is a report in a four-part public safety and juvenile justice series that offers a way forward for the District in the way city agencies, through strategic collaboration and community partnership, address the needs of its most vulnerable residents. Public safety starts with securing our city’s youth, and their families, who need it the most.

Chicago to Shutter 50 Public Schools: Is Historic Mass Closure an Experiment in Privatization?

Cross-posted from Democracy Now

As the academic year winds down, a record number of Chicago schools are preparing to close their doors for good in the largest mass school closing ever in one U.S. city. Last week, the Chicago Board of Education voted to close 50 of the city’s public schools in a move that will impact some 30,000 students, around 90 percent of them African American. Chicago Mayor Rahm Emanuel has pushed for the closures in order to save the city more than $500 billion, half of its deficit. “Rahm Emanuel actually does not have an educational plan, he has an economic development plan,” says our guest Diane Ravitch, who served as the assistant secretary of education under President George H.W. Bush. Proponents say the closures will hit schools that are both underperforming and underutilized. But a vocal coalition of parents, teachers and students has fought back, warning that the closures will lead to overcrowded classrooms and endanger those students forced to walk longer distances to their new schools.

For Democracy Now’s full report, watch the video below:

Judge Rules on School Closings Lawsuit

Last week, Empower DC and a number of DC Public School parents went to court to plead for an injunction to keep 15 more schools from being closed under Mayor Vince Gray and Schools Chancellor Kaya Henderson’s consolidation plan.

Education Town Hall with Johnny Barnes

According to Johnny Barnes, the lead attorney in the case, the case includes four complaints:

1)  The school consolidation plan violates the law that requires equal protection to all District Citizens.   “Hobson v Hansen made clear that the equal protection clause applies to DC through the 5th amendment: If you offer education to one student you have to offer to all.”

2) The school consolidation plan violates Title VI, which states that you can’t treat different classes of individuals disparately.

3) The school consolidation plan violates the  Americans with Disabilities Act and the Individuals with Disabilities Education Act both of which contend that when dealing with special education students, you have to design individually, not with a blanket plan to close a school.

4) The school consolidation plan is in violation of the District of Columbia’s Human Rights Act.

In a 31-page opinion, which analyzed each of plaintiffs’ claims, US District court Judge James E. Boasberg ruled against Empower DC, stating: “In this case, there is no evidence whatsoever of any intent to discriminate on the part of Defendants, who are actually transferring children out of weaker, more segregated, and under-enrolled schools.”

But according to Barnes, “The case is not over. The battle is just beginning…The ruling was on the injunction, not on the merits on the case. The govt has not even filed a response.” Barnes’ case centers around “protected classes” of race, residence, disability, he said, noting that 100 schools have been closed in DC since 1976, but not one in Ward 3, home to the city’s wealthiest residents.

Attorney Barnes and Jonetta Rose Barras discuss the judge’s ruling during the May 16, 2013 episode of We Act Radio’s Education Town Hall, which airs every Thursday at 11:00 AM.  The full interview can be found at the link is posted below:

Jonetta Rose Barras and Johnny Barnes, Esq. on The Education Town Hall w/Thomas Byrd May 16 2013 by Education_Town_Hall on Mixcloud

Attorney Johnny Barnes and Empower DC plan to appeal the case.   The courts ruling should be judged against the mounting evidence  that DC’s School Consolidation and Reorganization Plan have not saved the District of Columbia money or improved school outcomes.