Tag: schools

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education and schooling litigation U.S. Constitution

Education Function Injunction

Department of Education, schools, dumpster fire, debt

When President Jimmy Carter broke his 1976 campaign pledge by adding another Cabinet-​level department to the federal roster, he swore that a “separate Cabinet-​level department will enable the Federal government to be a true partner with State, local, and private education institutions in sustaining and improving the quality of our education system.”

On March 20, 2025, President Donald Trump signed an executive order aimed at shutting down Carter’s Department of Education, fulfilling his campaign promise to reduce federal involvement in education.

This was popular because everybody who’s not a bureaucrat or a teachers’ union agent knows that federal involvement in schooling, since Carter’s time, has been, not just a waste, but a detriment.

Still, teacher union-​dominated Democrats are swiping at the administration with numerous lawsuits. U.S. District Judge Myong Joun in Boston issued a preliminary injunction blocking Trump’s layoffs and transfers, ruling that they amounted to an unlawful attempt to dismantle the department without congressional approval. 

Earlier this month, the 1st U.S. Circuit Court of Appeals upheld Joun’s injunction, rejecting the Trump administration’s request to pause the order while appealing. 

Two days later, the Trump administration, through Solicitor General D. John Sauer, filed an emergency appeal with the U.S. Supreme Court. The plea? Lift the injunction and allow the layoffs and reorganization to proceed. Trump’s team argued that the lower court had overstepped its authority and that the layoffs were a lawful personnel action to streamline the department, not an attempt to abolish it without Congress. 

The injunction sent DOE functionaries back to work. Nothing’s been resolved.

Not even the rationales for Carter’s “greatest achievement” (to quote the title of a USA Today op-​ed). Carter had promised to reduce the number of departments, for efficiency’s sake. When creating the DOE, he said the move would increase efficiency. 

Instead, it merely increased education spending while academic achievement has plummeted.

This is Common Sense. I’m Paul Jacob.

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education and schooling

Goals, Goals, Goals

education, schools, literacy

Aleysha Ortiz wants to be a writer. There’s a hitch: she says she’s illiterate.

Ya gotta have goals, as teachers used to say in the Seventies.

When goals were still in vogue.

Her near-​term goal, however, is suing the school she graduated from, in Hartford, Connecticut, for … graduating her with honors!

She has a case. While graduating illiterates has almost become a tradition in America — teachers’ unions are on board — you would think that even a woke administrator might judge graduating an illiterate with honors a step too far.

Now, in truth, the 19-​year-​old can read and write, a bit. But she’s always had trouble, she says. 

“Ortiz is suing the Hartford Board of Education, the City of Hartford and her special education case manager, Tilda Santiago,” explains The New York Post, “for negligence.” 

The negligence being that the school was too slow in testing for and following up on her dyslexia. “Just one month before graduation, she began receiving the testing, which was not completed until the last day of high school,” the Post clarifies. “The testing concluded that Ortiz was in fact dyslexic and ‘required explicitly taught phonics, fluency and reading comprehension.’”

There is more to the story, of course. She was born in Puerto Rico, came to the U.S. at five, and didn’t speak English at all well when she started school.

A lot of folks raise skepticism about the now-​college-​freshman (!), more than implying she was just an unmotivated student. And that a multi-​million-​dollar lawsuit seems a bit much.

But ya gotta have goals.

Pity that our government schools’ goals have so little to do with education.

This is Common Sense. I’m Paul Jacob.

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crime and punishment education and schooling general freedom

Kamala Harris’s Attack on Parents

Kamala Harris, truancy, truant, schools, education, regulations, consequences

Among the skeletons rattling around in presidential candidate Kamala Harris’s closet is her support — while San Francisco’s district attorney and while running for state attorney general — for a law to punish parents for their children’s absences from school.

The story, reported by Huffpost, NPR, and others several years ago, has more recently been publicized by Robert F. Kennedy, Jr.

Harris supported the harass-​parents truancy program when it was conceived in the state legislature, saying that “a child going without an education is tantamount to a crime.” Under the program, which still exists, a school can refer persistent truancy to a district attorney’s office, which can then threaten to prosecute parents.

One victim was Cheree Peoples, who was arrested and handcuffed in 2013 while still in her pajamas. “You would swear I had killed somebody.” Her daughter Shayla had missed twenty days of school in the current school year. Cheree faced a possible penalty of $2,500 or a year in jail. 

Shayla has sickle cell anemia and required frequent hospitalization. 

Shayla’s mother fought the charges for a long time. Eventually, they were dropped.

Harris bragged about the truancy program while being inaugurated as attorney general. “If you fail in your responsibility to your kids, we are going to work to make sure you face the full force and consequences of the law.”

Today, Harris says the harass-​parents law she championed has been abused by others. But isn’t the law itself the abuse?

This is Common Sense. I’m Paul Jacob.

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crime and punishment education and schooling First Amendment rights

Don’t Mention the Menace

school board, education, schools, gangs, censorship

“It was a chaotic ending to the public comment period during Tuesday night’s Loudoun County [Virginia] School Board meeting,” reports WJLA, the ABC affiliate in our nation’s capital, “when Chair Melinda Mansfield ended that portion of the hearing after giving multiple warnings to parents raising concerns about a current student with alleged gang ties [who] was arrested last year for carrying a gun and making threats to kill a classmate.”

Well, a public official did indeed put parents on notice not to talk further about the problem they came to discuss. However, a student who carries a firearm to school and threatens to murder his or her peers does perhaps warrant some smidgen of dialogue. 

“According to sources with knowledge of the situation,” WJLA informs, “the student is allegedly connected to the MS-​13 gang and is in the U.S. illegally.”

Parent Abbie Platt divulged that her “daughter is terrified to go to school with him.”

Four parents addressed the school board regarding this student; each was cut off by the board’s chair who accused them of “breaking the school board policy” by “providing information that could identify the student.”

“Everything that was brought up in this public comment is already public knowledge,” explains Tiffany Polifko, a parent and former school board member, telling the board that to “stop your constituents from speaking” is a classic violation of the First Amendment.

A spokesperson for Loudon County Public Schools defended the board’s speech squelching: “Even some minor details could lead … to the identity of a student, that’s just not a situation we’re comfortable with, that we’re going to accept.”

So, your kid needs to accept the risk of brutal torture and death, and you need to be quiet about it — because even discussing the danger might reveal the identity of the murder-​and-​mayhem-​threatening student.

Those are public school priorities. 

This is Common Sense. I’m Paul Jacob. 

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education and schooling First Amendment rights

The Racial Land Mine of First Grade

BLM, Black Lives Matter, all lives matter, education, schools

You can’t let kids get away with anything.

Schools must apply some discipline. Otherwise, chaos would ensue. Talking out of turn, pulling pigtails, passing notes … and, not least, an epidemic of expressing benign thoughts inconsistent with the poisonous race-​conscious ideology that some schools seek to inculcate.

In March 2021, a little girl known as “B.B.” in court documents got into trouble for drawing a group of classmates of different races. She added the words “Black Lives Matter” and, below that, “any life.” She gave the drawing to a black classmate to try to comfort him, as she later explained.

Had B.B. been more attuned to the racial controversies of the day — does she not follow The New York Times and CNN? — she might have realized what treacherous waters she had dived into. 

As it was, she was surprised when the school forced her to apologize to her classmate and forbade her from drawing any more pictures while in school and from attending recess for two weeks.

The parents sued. A district court ruled in favor of the school, but the parents, helped by Pacific Legal Foundation, are appealing.

The district judge says that whether First Amendment protections of free speech apply here depends on whether such speech, however innocent, would “significantly interfere with the discipline needed for the school to function.”

The drawing could hardly have thus interfered unless part of the school’s “function” is to impose race-​conscious orthodoxy. 

And suppress even the slightest peep of unwary dissent.

This is Common Sense. I’m Paul Jacob.

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education and schooling general freedom too much government

The State vs. Homework

school, education, teaching, home work

Oy, the stress. Of doing stuff. It’s nonstop.

If a California lawmaker gets her way, it will stop, though, at least in the schools. Or at least slow way down.

Consider the pressure, the horrible grinding pressure of having to practice math problems, peer at chemical formulas, read assigned readings, summarize, spell, grammarize, memorize names and dates and Spanish vocabulary, and on and on and on … en casa.…

It’s the kind of thing that can curdle a kid’s physical and mental health. Not to mention cut into playtime.

So is the legislation AB2999 justified?

Is Assemblywoman Pilar Schiavo warranted in hoping to require school boards to ponder the “reasonable amount of time spent on homework per student that should not be exceeded” or whether “homework should be assigned … in any elementary school grade, inclusive” or perhaps that homework be “optional and not graded,” et cetera?

Well, if we think about this, we must admit that there is one and only one reason to ever require students to spend time at home mastering what is introduced in class. Only to prepare them for earning a living and living life by helping them obtain knowledge and skills and realize their potential.

But that’s it. That’s the only reason.

Of course, individual teachers, if competent and conscientious, already think about what homework is appropriate to assign. They must, we hope, want their students to function capably in life. And maybe also to learn that learning is not torture.

This is Common Sense. I’m Paul Jacob.

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too much government

Fiscal Protector

California, condoms, Gavin Newsom

Why doesn’t California Governor Gavin Newsom care about kids?

What is it with this “conservative”? 

Last week, Newsom coldly deployed his veto pen to deny to Golden State public high school students the sex subsidies — in this case, free condoms — that a solid majority of their state legislators had determined were essential to their healthy development.

Senate Bill 541 would have mandated that all public schools make condoms available free to all students, grades nine through twelve. According to an Associated Press report, the legislation would also “have made it illegal for retailers to refuse to sell condoms to youth.” 

The bill’s author, State Sen. Caroline Menjivar, a Los Angeles Democrat, contends the legislation is needed to help “youth who decide to become sexually active to protect themselves and their partners from (sexually transmitted infections), while also removing barriers that potentially shame them and lead to unsafe sex.”

Newsom agreed that free condoms, even if not yet recognized as a fundamental human right, are “important to supporting improved adolescent sexual health.”

His problem? Condoms cost too much. 

“With our state facing continuing economic risk and revenue uncertainty,” explained the governor, “it is important to remain disciplined when considering bills with significant fiscal implications.”

Seems California is already running a $30 billion deficit. Becoming the condom supplier of first resort for 1.9 million hormone-​infused students each year would annually add a few million more to that deficit.

Ah, California … where Gavin Newsom is the voice of fiscal restraint. 

This is Common Sense. I’m Paul Jacob. 

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education and schooling general freedom ideological culture

Bad Math Baltimore

Baltimore, schools, education, school choice, mathematics

You may have thought it couldn’t get this bad. 

“Not one student at 13 high schools in Baltimore City, Maryland, achieved proficiency in math,” informs the city’s Fox 45 News, “as indicated by state math exams.”

That’s 40 percent of the city’s high schools and we’re talking not a single soul managed to come in at “proficiency.” Not mastery, mind you. 

“Among those 13 high schools,” the report continued, “a total of 1,736 students participated in the test with 74.5% of them achieving the lowest possible score of one out of four.”

Okay, okay, but what about the city’s best schools?

Well, a Fox 45 News follow-​up found that only “11.4% of students” even at “Baltimore’s five top-​performing high schools” are “proficient in math.” 

Adding, “In fact, not one high school student in the entire city, last school year, achieved a top level of math proficiency.”

Jason Rodriguez, with People Empowered by the Struggle, an edgily named Baltimore nonprofit, calls it “educational homicide.”

“It’s not a funding issue,” says Rodriguez. “We’re getting plenty of funding.” He thinks “accountability is the issue” and has “been calling for the resignation of the school CEO.”

Young people in Baltimore can learn mathematics just as well as young people anywhere. That we know. But they also need functional families as well as functional schools. The government, plausibly the chief cause of the dysfunction of both, has only official responsibility for the latter.

Sure, it sounds like time to lop off the top brass. But also past time to give every parent of a school-​age child in Baltimore (and everywhere) a choice about where to go to school — purchased with the tax dollars that taxpayers are already providing.

Currently, to no avail. 

This is Common Sense. I’m Paul Jacob. 

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crime and punishment election law initiative, referendum, and recall

Methinks the Mayor

petition, private property, taxes, schools

“So, Walmart has no rights?!”

The frustration flowed from Yakima Mayor Janice Deccio to a 911 operator. Her compassionate heart bled profusely for the long-​suffering stockholders and executives of one of the world’s richest companies. 

“Hi, this is Mayor Deccio. I know that this isn’t an emergency call, but I need to talk to somebody,” she told the dispatcher. “There are far rightwing petitioners at Walmart and they are not leaving after Walmart has asked them repeatedly to do so. And the police have not taken them off the premises.”

But, as the voice at 911 explained to the distraught officeholder, Washington State law requires that commercial property must make a public accommodation for First Amendment activity such as petitioning. 

The mayor’s thirst for a police solution to these “far rightwing” petitioners went unquenched.

“Obviously, the extreme left is freaked out by these initiatives,” offers Glen Morgan on his We the Governed podcast.

He’s referring to six conservative-​oriented initiatives being promoted by Let’s Go Washington and petitioned onto Washington State’s 2024 ballot.

“Four of these initiatives reduce taxes,” Morgan points out. “One of them allows the police to actually chase violent criminals once again. And the other one confirms that parents have the right to know what strangers are doing to their kids at school or in unsupervised medical settings.”

Deccio now claims that mystery constituents told her the petitioners were aggressive and threatening … something she didn’t mention that on the call. The fact that her 911 plea has been made public might have something to do with her change of tune.

And don’t even mention ideology! “I don’t care,” she contends, “nor even know what they were petitioning about.”

The mayor added: “No one told the group they couldn’t petition, and it was certainly not my intention to stop them.”

No, of course not — she intended for the police to stop them.

This is Common Sense. I’m Paul Jacob.

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education and schooling First Amendment rights media and media people

License for Leftists

censorship, education, schools, Marxism

Libertarians should avoid taking sides in left-​right antagonisms when promoting a principled third position would make more sense.

Regrettably, in “Christopher Rufo Wants To Shut Down ‘Activist’ Academic Departments. Here’s Why He’s Wrong,” libertarian magazine Reason fails to offer that alternative.

“In an essay published this week in City Journal,” author Emma Camp begins, “conservative activist Christopher Rufo argued that universities — or rather, the state legislatures governing these universities — should shut down ‘activist’ academic departments. But rather than protecting higher education, forcibly shutting down left-​wing academic departments would be nothing more than routine censorship.”

Tellingly, she never defines “routine” censorship.

Let me help: routine censorship is the governmental policy of preventing or punishing private speech on private property. 

State colleges and universities are public institutions, politically established and subsidized by taxpayers. With few exceptions, “private colleges” are also routinely tax-​funded at the demand end, and are further supported with research contracts.

Getting rid of Marxist professors preaching political revolution is no more anti-​free speech than preventing the CDC and Anthony Fauci from conducting gain-​of-​function virus research within some college laboratory.

Ms. Camp quotes the Supreme Court about the importance of “safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned.” Freedom sounds great, but as usual, the Supremes forget that taxpayers have an interest, and that constraints on public schools was once routine.

So how not to “cast a pall of orthodoxy over the classroom”? 

Offer a third position: de-​subsidize and dis-​establish government “education” by empowering higher education’s customers. Let Marxist professors find payers in the private sector.

Instead, Emma Camp effectively tells conservatives they have no choice but to fund every leftist program that politics and the bureaucracy allow. She could have recognized that “Academic freedom” in the context of tax-​subsidized schooling is merely ideological license.

Which is itself a sad alternative to real liberty.

This is Common Sense. I’m Paul Jacob.

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