Court rules school districts cannot charge students for summer school


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acluThe American Civil Liberties Union of Rhode Island and R.I. Legal Services today applauded a Superior Court decision holding that the Cumberland school district could not charge a student a $700 fee in order to attend summer school to avoid repeating ninth grade. The ruling overturned a 2014 decision issued by former state Department of Education Commissioner Deborah Gist that, at the time, was denounced by educational advocacy groups as undermining decades of precedent guaranteeing a free and equal public education to all children in the state.

Then-Commissioner Gist had agreed with the school district’s argument that it could charge the fees because summer school did not constitute a core element of education as defined by the state’s Basic Education Plan. However, in a 25-page ruling issued yesterday, Superior Court Judge William Carnes, Jr. rejected that argument. The judge stated that “not only is there no statutory authority for the collection of fees for summer school, but also the charging of such a fee is contrary to the spirit of the school system itself—which is to provide a free public education to all students.”

The judge pointed out:

In the instant matter, [the student] was given a choice: recover his required credits through additional instruction during the summer, or recover them by repeating the ninth grade. Assuming that instead of attending summer school, he had opted to repeat the ninth grade, it is beyond dispute that the school could not have charged him tuition for that additional year of schooling. Instead, however, [the student] opted to recover his required credits by attending summer school and, in doing so, he was charged a fee for his attendance. The fact that one option would have been free and the other option incurred a fee necessarily leads to an absurd result.”

The ACLU, RI Legal Services and other groups were deeply concerned about the precedent the Gist decision would have set had it been upheld. Prior to her decision, the Department of Education, citing the importance of a free public education, had for decades routinely invalidated attempts to levy any fees on student programming as varied as night classes, after-school activities, interscholastic sports and Advanced Placement classes.

Susan Giannini, the mother who brought the lawsuit on behalf of her son, said today: “It was a real financial hardship for me to send my son to summer school, but we had no real choice because he probably would have dropped out otherwise. I feel for other families in a similar situation whose children are at risk of dropping out. This decision will help families that can’t afford to pay fees have equal access to an education.”

R.I. Legal Services attorney Veronika Kot, who represented Ms. Giannini in the lawsuit resulting in yesterday’s decision, said today: “This ruling is in keeping with Rhode Island’s longstanding commitment to equity in education. For over a century our state has prohibited fees for student programming and services due to their discriminatory impact on educational opportunities for lower income families. The Court’s decision reaffirms this commitment to a free and equal system of public education for all students.”

Steven Brown, executive director of the ACLU of Rhode Island, added: “If former Commissioner Gist’s decision had been upheld, it would have institutionalized a two-tiered educational system, offering enhanced educational opportunities for those who could pay for them and inferior ones for those who could not. Nothing could have been more damaging to the fundamental notion that our children deserve a free public education.”

The court ruling can be found on the ACLU of RI’s website here.

The State of Education, in Deborah Gist’s own words


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I missed Deborah Gist’s speech at the State House tonight (read RI Future alum Dan McGowan’s coverage on WPRI here), but I did put the text of her speech into Wordle and it spit out this pretty neat word cloud of her remarks:

gist speech narrowHere are a few words you won’t see in the above graphic depiction of her speech, which I think belong in any talk about the state of education in Rhode Island:

  • achievement gap
  • NECAP
  • Common Core
  • 27 percent

A few other observations:

  • “Students” was the most prominent word, along with “Rhode Island”
  • “STEM” seem to have the same prominence as “learning”
  • “Technology” seems to have a greater prominence than “teachers”

I’d love to hear from our readers in the comments about what observations you all have about her speech, or this depiction of it.

Washington Post: Deborah Gist, Jeb Bush and ALEC


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Rhode Island Education Commissioner Deborah Gist has sought several reform-oriented grants through a group closely connected with ALEC, according to the Washington Post.

The Post reported Wednesday on the connection between Jeb Bush’s Chiefs for Change, a conservative education group of which Gist is a member, and the Foundation for Excellence in Education, which has “strong connections” with the American Legislative Exchange Council, the shadowy corporate-funded bill mill widely regarded as one of the strongest and shadiest right-wing forces in state politics.

According to the WaPost story :

A nonprofit group released thousands of e-mails today and said they show how a foundation begun by Jeb Bush, the former Florida governor and national education reform leader, is working with public officials in states to write education laws that could benefit some of its corporate funders.

The e-mails are between the Foundation for Excellence in Education (FEE) and a group Bush set up called Chiefs for Change, whose members are current and former state education commissioners who support Bush’s agenda of school reform, which includes school choice, online education … and school accountability systems based on standardized tests.

Gist is a member of Chiefs for Change, and the emails made public this week indicate she sought the FEE’s help in procuring funding for local initiatives. You can read Gist’s emails here.

From the WaPost story:

Donald Cohen, chair of the nonprofit In the Public Interest, a resource center on privatization and responsible for contracting in the public sector, said the e-mails show how education companies that have been known to contribute to the foundation are using the organization “to move an education agenda that may or not be  in our interests but are in theirs.”

He said companies ask the foundation to help state officials pass laws and regulations that make it easier to expand charter schools, require students to take online education courses, and do other things that could result in business and profits for them. The e-mails show, Cohen said, that Bush’s foundation would often do this with the help of Chiefs for Change and other affiliated groups.

The Post says, “There are strong connections between FEE and the conservative American Legislative Exchange Council (ALEC).” The Washington Post cites an analysis by the Center for Media and Democracy that detailed the connection:

Aptly named FEE, Bush’s group is backed by many of the same for-profit school corporations that have funded ALEC and vote as equals with its legislators on templates to change laws governing America’s public schools. FEE is also bankrolled by many of the same hard-right foundations bent on privatizing public schools that have funded ALEC. And, they have pushed many of the same changes to the law, which benefit their corporate benefactors and satisfy the free market fundamentalism of the billionaires whose tax-deductible charities underwrite the agenda of these two groups.

FEE and ALEC also have had some of the same “experts” as members or staff, part of the revolving door between right-wing groups. They have also collaborated on the annual ALEC education “report card” that grades states’ allegiance to their policy agenda higher than actual student performance. That distorted report card also rewards states that push ALEC’s beloved union-busting measures while giving low grades to states with students who actually perform best on standardized knowledge tests.

Gist’s emails were one of six from conservative state education leaders across the country. The others were Oklahoma, New Mexico, Maine, Louisiana and Florida.

In July, RI Future reported that ALEC’s next legislative push would be into public education.

Last year, RI Future broke several stories about ALEC’s influence at the State House. Following our coverage – which prompted many local media outlets to cover the issue and helped inspire a New York Times op/edseveral legislative members dropped out as did corporate member CVS. Several more ALEC members an supporters were defeated in November’s election, most notbably ALEC’s biggest booster locally Jon Brien.

Progress Report: Gemmapalooza


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Anthony Gemma

Anthony GemmaOne way or another, today’s Gemmapalooza press event will indeed be “game-changing.” While it remains to be seen how it will affect the CD1 Democratic primary, it will certainly have enduring effects on Anthony Gemma’s political career and public persona.

Here’s what we know about what will happen: The Projo reports that Gemma has indeed hired private investigators to look into voter fraud. John DePetro tells us there is video that it makes him “nauseous.” (who knows what it is that makes John DePetro sick to his stomach; it could be something honorable!) And Dan McGowan claims Gemma will call on Cicilline to resign. He also reminds us that he called on Cicilline to resign in 2010 too. WPRO will broadcast the presser live.

My guess is Gemma has some dirt on David Cicilline that won’t even come close to living up to the hype he has created about his announcement. My fear is that we have witnessing Anthony Gemma’s mental breakdown.

Narragansett Chief Sachem Mathew Thomas met with Gov. Chafee yesterday to talk about the possibility of a native American casino in Rhode Island.  According to the Projo: “Chafee said he had nothing to announce, but continued to view the gambling discussion as a jigsaw puzzle in which ‘fairness to the tribe was one piece,’ and ‘protection of revenue’ was another.”

Meanwhile, Ted Nesi reports that Twin River has spent some $700,000 to make sure they get to run a casino.

We wish Deborah Gist a speedy recovery. The state education commissioner has a small brain tumor that she is expected to recover fully from. All best, Deborah Gist.

Good for Jamestown Town Councilor Bob Bowen for casting the lone vote to locate a wind turbine on Conanicut Island. I’m really sorry this council didn’t approve the plan.

Mark Bittman: “We need real farmers who grow real food, and the will to reform a broken food system.”

Happy birthday, Yaz!

RI Progress Report: Gemma, GOP visits and Gist


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As Anthony Gemma prepares to ramp up his primary campaign against David Cicilline, election experts handicap his path to victory. We’d like to know why Democrats should vote for an abortion-deploring, trickle down economist? Answer: they shouldn’t. We’d prefer Gemma run as a independent as we’re not really sure what it is that makes him a Democrat.

Speaking of Republicans, it seems Rhode Island can expect visits from both Newt Gingrich and Rick Santorum before the presidential primary on April 24.

Management and labor alike should appreciate Education Commissioner Deborah Gist’s efforts to eliminate the “redundancies” in the teacher evaluation process, which some principals said was taking as long as 20 hours per teacher.

Once you factor in the politics of what’s practical, it seems Obama’s budget proposal would actually reduce the deficit more than the House GOP version. Here’s more on this phenomenon.

Not a good trend for Rhode Island: “Concentrated poverty is becoming more concentrated.”

Seems the U.S. has been training Iranian opposition forces in the Nevada desert. If history is any indicator, look for these same guys to be our sworn enemies in the future.

Michael Riley, a Republican, officially launches his campaign for Congress, seeking to unseat Jim Langevin.

Looking for progressive news on the go? Download The Nation’s new app.

This page may be updated throughout the day. Click HERE for an archive of the RI Progress Report.

Minority Students as Pawns in War on Public Schools


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Earlier this year, the “nonpartisan” (*cough*) Rhode Island Center for Freedom and Prosperity (RICFP) released a report, “Closing the Gap:  How Hispanic Students in Florida Closed the Gap with All Rhode Island Students,” which purported to explain “in some detail why Florida’s reforms, while benefiting all students, have been especially beneficial to disadvantaged students.”

I was immediately intrigued because the claim runs counter to everything I know about the effects of the high-stakes testing, especially on students such those with learning disabilities or students in many predominately minority communities (see “High Stakes Testing: Not So Hot”). What I found though was nothing but a rehash of the standard right-wing talking points framed as “so sensible and obvious” that they needed no explanation, coupled with demagogic appeals to save a poor immigrant girl, hopelessly struggling for a better life. So much for answering the question why. I’d have to look elsewhere.

Consider a typical claim from the report:

  • Florida’s 4th grade Hispanic students scored about two grade levels below Rhode Island’s reading average for all students in 1998 and improved to match RI’s achievement level by 2009.
  • Rhode Island’s 4th grade Hispanic students reading average score is 16 points lower than their peers in Florida, roughly the equivalent of one-and-a-half grade levels worth of progress.

Sounds good, but that’s not a detailed explanation of why. Can high-stakes testing do all that? The answer is all too predictable and conveniently omitted from the statistical analysis of the Rhode Island fringe-right.

Researcher Walter Haney has debunked claims that Florida is closing the racial achievement gap, showing that narrowing of test scores on the National Assessment of Educational Progress (NAEP) appears to be caused primarily by a massive increase in grade retention.

In August, Florida Governor Jeb Bush and New York Mayor Michael Bloomberg coauthored a Washington Post opinion column touting their “successes” in closing race-based achievement gaps. Indeed, according to the 2005 NAEP results, Florida had shown remarkable improvement in 4th-grade results and appeared to have significantly reduced the gap between white and minority students.

Boston College Professor Walter Haney, however, looked at the NAEP scores on which Bush and Bloomberg based their claims and at Florida enrollment numbers. He found a troubling explanation for the apparent improvement: The state has been forcing unprecedented numbers of minority pupils to repeat third grade, on the order of 10 to 12 percent, meaning that fewer low-scoring students enter grade 4 at the normal age.

In a report titled, “Evidence on Education under NCLB (and How Florida Boosted NAEP Scores and Reduced the Race Gap),” Haney wrote, “It turns out that the apparent dramatic gains in grade 4 NAEP math results are simply an indirect reflection of the fact that in 2003-04, Florida started flunking many more students, disproportionately minority students, to repeat grade 3.” Percentages of minority students flunked were two to three times larger than percentages of white children forced to repeat grade 3. Haney says this likely explains the striking decrease in the race-based score gap.

But isn’t “getting tough” the help these kids need? Unfortunately that also is unsupported by evidence, but it does make the stats look good to those not paying too close attention (or to those on the right with a different agenda).

Haney notes that making students repeat a grade based on test scores has been shown by many researchers to be ineffective at improving achievement over the long term (see “Grade Retention,” this issue). It does produce increased scores in the repeated grade, and in some studies it has shown to produce increased scores in the subsequent year or two. This means that students who enter grade four after spending a second year in third grade are likely to score somewhat higher than if they had not repeated grade 3. But within a few years any academic gains disappear, as Chicago researchers documented in that city (see Examiner, Spring-Summer 2004).

Yes, lies, damn lies, and statistics. That’s bad news for the very kids we’re supposed to be trying to help and exactly the type of ethnic cleansing of the public schools warned of by progressive reformers.

One Florida superintendent observed that “when a low-performing child walks into a classroom, instead of being seen as a challenge, or an opportunity for improvement, for the first time since I’ve been in education, teachers are seeing [him or her] as a liability” (Wilgoren, 2000).

Perhaps most interesting are the reforms the report intentionally ignores. The RICFP tries to paint this as a debate between those advocating positive change and those who “defend the status quo of failing schools,” in fact much of the “study” is dedicated to beating that tired drum, but what’s clear is that it’s only specific changes that are considered by the proponents of corporatization. Consider this section:

Florida’s Public Schools Chancellor Michael Grego attributes their success to rigorous standards for all students, teacher training focused on instructing non-English speakers and programs such as dual language classes where English speakers learn Spanish and vice versa.” [emphasis in the original]

Bilingual education for all students?! That’s an idea which might just have some merit, but you won’t find that in this report’s foregone conclusions. Anything not fitting the corporate model is unceremoniously discarded. Never mind that their own report contains this gem:

”The numbers suggest that the persistent gap has more to do with the language barrier among a subset of that group. There are some four million Hispanic students in public schools whose primary language is not English. The NCES report showed an even larger difference between those students, known as English language learners or ELL, and their Hispanic classmates who are proficient in English. For example, in eighth grade reading, the discrepancy between ELL Hispanic students and non-ELL Hispanic students was 39 points, or roughly four whole grade levels.” [emphasis added by RICFP] (Source: Webley, Kayla, “The Achievement Gap: Why Hispanic Students Are Still Behind,” June 23, 2011, TIME, U.S.)

Oddly that quote is preceded by the highlighted comment, “Florida’s success can be attributed to rigorous standards for all students, regardless of race.” Yes it can, but only by ignoring all evidence to the contrary. They later do just that, concluding, “it is long overdue that we step away from pointing to poverty, lack of parental involvement, or language barriers as excuses for lackluster student achievement.”

The report continues along this curiously contradictory path in discussing the question “Do Disabilities Inhibit the Capacity to Achieve?” As a parent of dyslexic children, let me answer this one outright:  as measured by standardized testing, absolutely. Yes, students can improve but that doesn’t change the inherent unfairness in judging them solely on this basis. As the report concludes in the section on student outcomes for children with disabilities, “those who are most poorly served by traditional district schools are most likely to transfer to a better school.” It’s small wonder given the alternative of the thin gruel of glorified test prep. Surprise, surprise! Forcing these kids out of the public schools raises test scores. Problem solved (well, at least if you’re the beneficiary of those public dollars now privatized).

I have to admit that as a parent of dyslexic children their proposal to offer vouchers to special needs children to attend alternative schools has some appeal, especially given the extreme focus on high-stakes testing currently in vogue in RI public schools under Education Commissioner Gist (my daughter attends a school for dyslexic children and my son is likely to attend next year).  This is something perhaps to be considered, although I have reservations that this may be a stalking horse for full privatization efforts at some later date.

In any case, as progressives, we need to do all we can to prevent the mistakes of Florida’s “Lost Decade” from being repeated here in Rhode Island (for more see “NCLB’s Lost Decade for Educational Progress:  What Can We Learn from this Policy Failure?”).

Progressive Education in Providence?

Good news via the mayor’s Web site:

The Coalition of Essential Schools (CES), founded 25 years ago by renowned educator Theodore R. Sizer, is moving into its new offices on 325 Public Street, co-located with Big Picture Learning at the Met School’s Public Street campus in South Providence.

“The Coalition of Essential Schools is a great resource for educators who are committed to thoughtful teaching and learning practices—not just for Providence but throughout the country. We are thrilled to have the CES establish new headquarters in the Capital City, and we look forward to their partnership in improving the education of all of our students,” said Mayor Angel Taveras.

That’s a positive sign, but I’m left wondering how much of the progressive education model is actually being embraced.

Last weekend the Coalition hosted its annual Fall Forum. Speakers discussed the problems with current education policy, such as that being promoted by Education Commissioner Gist. What concerns Providence parents is that a focus on high-stakes test taking turns schools into what Fall Forum speaker, Alfie Kohn called “glorified test taking centers.” The question for parents is not so much reform as it is which reform and by which method. Here’s Kohn (“Speakers decry test-taking factories,” Projo 11/13/2011 – not available online):

“Education has become like the old Listerine commercial,” Kohn said. “If it tastes bad, you know it’s working. Traditional education is as unproductive as it [is] unappealing”…

“These types of schools,” Kohn said, “squeeze the intellectual life out of the classroom and victimize the very kids who most need an education that is engaging.”Kohn may be what Projo calls an “education contrarian,” but he’s in good company in the continuous improvement world. Process improvement guru, W. Edwards Deming was once interviewed by a group of educators who asked him, what to measure to improve student performance?. So what was his response?Dr. Deiming: Don’t measure. For heaven’s sake, I’ve been trying to say, “DON’T MEASURE.” Whatever you can measure is inconsequential.What’s important according to Deming is to “restore and nurture the yearning for learning that the child is born with” (for more I encourage you to read this section of “The New Economics For Industry, Government & Education”). That’s exactly the type of reform Kohn is talking about. Let’s just hope the mayor is listening.