Posts Tagged ‘public schools’

Poor Children Need a New Brown v. Board of Education

August 29, 2016

Students deserve federal protection from the twisted logic of tenure rules that undermine learning.

By THEODORE J. BOUTROUS JR. and JOSHUA S. LIPSHUTZ
Aug. 28, 2016 5:50 p.m. ET
285 COMMENTS
The California Supreme Court announced Aug. 22 that it would not hear Vergara v. California, a landmark case fighting for the educational rights of public-school students. The court’s unwillingness even to consider an issue that Justice Goodwin Liu called “one of the most consequential to the future of California” demonstrates why the federal courts must intervene and recognize that the U.S. Constitution guarantees a fundamental right to education.

Julia Macias, 13, a plaintiff in Vergara v. California, in Los Angeles, June 10. ENLARGE
Julia Macias, 13, a plaintiff in Vergara v. California, in Los Angeles, June 10. PHOTO: NANCY PASTOR/THE WALL STREET JOURNAL
In Vergara, nine students challenged teacher-tenure and dismissal laws that make it nearly impossible for school districts to remove grossly ineffective teachers from the classroom. We were part of the team, along with our partner former U.S. Solicitor General Theodore Olson, who represented the student plaintiffs. After an eight-week bench trial in 2014, Los Angeles County Superior Court Judge Rolf Treu struck down the statutes under the state constitution because their twisted logic is “unfathomable” and they inflict harm so severe that it “shocks the conscience.”

Judge Treu’s decision attracted national attention. Then-Education Secretary Arne Duncan declared that the decision “presents an opportunity for a progressive state with a tradition of innovation to build a new framework for the teaching profession that protects students’ rights to equal educational opportunities while providing teachers the support, respect and rewarding careers they deserve.”

The state of California and California’s two largest teachers unions appealed. In its decision, the California Court of Appeal acknowledged that the laws are a “problem,” agreed that they likely lead to “grossly ineffective teachers being in the educational system,” and described the situation as “deplorable.” The court sided with the unions anyway.

The case seemed destined for the California Supreme Court, but on Aug. 22 the court declined to hear the case by a vote of 4-3. Pursuant to its ordinary procedures, the court did not explain why. Yet two justices took the extraordinary step of issuing dissenting opinions decrying the majority’s failure to act. Justice Liu wrote that “[t]he nine schoolchildren who brought this action, along with the millions of children whose educational opportunities are affected every day by the challenged statutes, deserve to have their claims heard by this state’s highest court.” Justice Mariano-Florentino Cuéllar described the laws as “staggering failures that threaten to turn the right to education for California schoolchildren into an empty promise.”
California’s refusal to protect its young citizens has made federal protection essential. Public education meets the U.S. Supreme Court’s fundamental-right test, as articulated in Washington v. Glucksberg (1997), because it is “deeply rooted in this Nation’s history and tradition” and “implicit in the concept of ordered liberty.” Laws that impair that right should be subject to strict scrutiny under the Constitution’s due-process and equal-protection clauses.

Public education has been a fundamental pillar of U.S. society since the nation’s founding, when the Continental Congress set aside public lands “to support a system of schools in a state.” As the Supreme Court put it in 1954’s historic Brown v. Board of Education ruling: “it is doubtful that any child may reasonably be expected to succeed in life if he [or she] is denied the opportunity of an education.”

Two decades after Brown, the Supreme Court in San Antonio Independent School District v. Rodriguez (1973) held that education is not a fundamental right in the context of school funding. But it expressly left open the possibility that a right to education might be recognized in another situation. In Papasan v. Allain (1986), the court made clear that whether education is a fundamental right is “not yet definitively settled.”

Such a right would not be an open invitation for federal courts to manage schools or for litigants to bring every education policy question to federal court. Rather, it would protect children across the country against state laws and policies that actively and knowingly deprive them of essential educational opportunities and create egregious inequality, like the California statutes in Vergara.

The day after the denial of review in Vergara, we filed a case in Connecticut federal court, Martinez v. Malloy. We argue for a federal constitutional right to challenge laws that force inner-city children to attend schools that the state knows are failing to provide a minimally acceptable education. These laws are especially cruel because Connecticut has some terrific public schools, including in urban centers.

Magnet schools and public charter schools achieve outstanding results for students. Yet Connecticut has defied reason and imposed a moratorium on magnet schools and an effective cap on charter schools. The state also punishes high-quality public schools that accept transfer students from failing schools. Inner-city kids have to win a lottery to gain access to decent schools.

In Brown, the Supreme Court described education as the “very foundation of good citizenship,” and proclaimed that the “opportunity of an education . . . is a right which must be made available to all on equal terms.” The federal courts should transform these powerful words into a reality and enforce the fundamental right of children to education in this country.

Messrs. Boutrous and Lipshutz, partners at Gibson, Dunn & Crutcher LLP, are counsel for the plaintiffs in Vergara v. California and Martinez v. Malloy, and for Students Matter, the nonprofit sponsor of both lawsuits.

Hillary Clinton’s School Choice

August 1, 2016

WSJ Review & Outlook

She used to support charters. Now she’s for the union agenda.

No one would call the 2016 election a battle of ideas, but it will have policy consequences. So it’s worth noting the sharp left turn by Hillary Clinton and Democrats against education reform and the charter schools she and her husband championed in the 1990s.

Mrs. Clinton recently promised a National Education Association (NEA) assembly higher pay, student-loan write-offs, less testing and universal pre-K. She had only this to say about charter schools, which are free from union rules: “When schools get it right, whether they are traditional public schools or public charter schools, let’s figure out what’s working” and “share it with schools across America.”

The crowd booed, so Mrs. Clinton pivoted to deriding “for-profit charter schools,” a fraction of the market whose grave sin is contracting with a management company. Cheering resumed. When she later addressed the other big teachers union, the American Federation of Teachers (AFT), she began with an attack on for-profit charters.

We remember when Mrs. Clinton wasn’t so easily intimidated by unions. Bill Clinton’s grant program took the movement from a few schools to thousands. In Mrs. Clinton’s 1996 memoir, “It Takes a Village,” she wrote that she favored “promoting choice among public schools, much as the President’s Charter Schools Initiative encourages.” And here’s Mrs. Clinton in 1998: “The President believes, as I do, that charter schools are a way of bringing teachers and parents and communities together.”

But now Mrs. Clinton needs the support of the Democratic get-out-the-vote operation known as teacher unions, which loathe charter schools that operate without unions. The AFT endorsed Mrs. Clinton 16 months before Election Day, and the NEA followed.

Shortly after, in a strange coincidence, Mrs. Clinton began repeating union misinformation: “Most charter schools, they don’t take the hardest-to-teach kids,” she said on a South Carolina campaign stop in November. But Mrs. Clinton used to know that nearly all charter schools select students by lottery and are by law not allowed to discriminate. The schools tend to crop up in urban areas where traditional options are worst. A recent study from Stanford University showed that charters better serve low-income children, minority students and kids who are learning English.

There’s an irony in Mrs. Clinton’s pitch that schools should simply share best practices. In 2005 the United Federation of Teachers started a charter school in Brooklyn, N.Y., to prove that unions weren’t holding up success. The school rejected the hallmarks of charter schools like New York’s Success Academy: order, discipline and other concepts progressives view as oppressive. Principals, for instance, were renamed “school leaders.” So how’s that experiment working out? Grades K-8 didn’t meet state standards last year and closed.

Mrs. Clinton’s switcheroo follows the pro-union turn of the Democratic Party platform. This year’s original draft was at least mildly pro-reform, but the final version opposes using test scores to evaluate teachers, encourages parents to opt out of testing for their kids, and endorses multiple restrictions on charters that would make them much less effective.

The education planks caused Peter Cunningham, an assistant secretary in President Obama’s Education Department, to lament that the platform “affirms an education system that denies its shortcomings and is unwilling to address them.” He called it “a step backwards” that will hurt “low-income black and Hispanic children” in particular.

In this election year of bad policy choices, the Democratic retreat from school choice and accountability is the most dispiriting.

Detroit’s Public School Plague

January 23, 2016

A teacher walkout highlights the need for radical reform.

Jan. 22, 2016 5:55 p.m. ET
The Wall Street Journal

As if Flint’s water crisis wasn’t bad enough for urban Michigan, on Wednesday 88 of Detroit’s 100 public schools shut down, after 800 some teachers called in sick purportedly to protest their abject working conditions. Many Motown schools are a picture of poverty, but the root of the rot is the lack of accountability for failure.

Unions orchestrated Wednesday’s teacher “sick-out,” the latest of more than a half dozen this school year, to coincide with President Obama’s visit touting the White House auto bailout. Their goal is to draw political steam from Flint, flog supposed Republican racial animus—95% of students are black or Latino—and impel a bailout.

Media accounts of Detroit schools have documented rodent infestation, caving ceilings, black mold and putrid air. Emergency manager Darnell Earley, who previously ran Flint until being redeployed this month to Detroit by Governor Rick Snyder, has become a scapegoat. But the collapse of Detroit’s schools has been decades in the making.

Enrollment has fallen by two-thirds since 2000 due to population flight and charter-school expansion. Public schools have lost about 71,000 students in a decade while charters have gained 23,000. About 53% of Detroit students attend charters compared to 20% in 2006.

Detroit Public Schools have $3.5 billion in liabilities including $1.3 billion for pension and retirement health benefits. Since 2009 the public school system has been under the guardianship of a state emergency manager. Although 100 schools have since closed, deficits persist. This year’s $215 million hole is nearly a third of the district’s general fund revenues.

The district has repeatedly borrowed to balance its budget in lieu of making capital repairs and improvements. Legacy costs have diverted money from instruction, while good teachers have left for charters that offer more freedom and class discipline. Seniority-based layoffs force out promising young teachers while tenure protects the worst. Collective bargaining agreements block reforms like longer school days. The union contract also prohibits strikes, so instead teachers call in sick.

No surprise then that Detroit has ranked at the bottom of 21 large urban public school districts on the National Assessment of Educational Progress since 2009. Last year only 4% of Detroit eighth graders were proficient in math and 7% in reading. A Stanford University Center for Research on Education Outcome study last year found that Detroit charter students on average gained 65 days of learning in math and 50 days in reading per year over their public school counterparts.

Mr. Snyder has proposed spinning off Detroit Public Schools’ debt, which would be paid down over time with state aid. A new debt-free district would be created with state funds. Financial engineering and more aid may forestall bankruptcy, but they won’t improve math scores.

Detroit schools need radical reform, and the expiration of the teachers’ collective-bargaining agreement in June gives state guardians an opening. One model is New Orleans, which converted nearly all of its schools to charters after Hurricane Katrina. Strict accountability should require low-performing charters to close. Detroit’s poverty is real, but it doesn’t excuse continuing educational failure.

School Choice for Special-Needs Students

August 10, 2015

Other children like our son would benefit from having vouchers that increase their options.

The Wall Street Journal

By THOMAS M. CHIAPELAS

My wife, Liz, and I have a 5-year-old son named Sam who, along with his little brother, Pete, is our pride and joy. Sam was diagnosed with autism-spectrum disorder at age 4. The symptoms of ASD vary but are characterized by social deficits and repetitive behavior. His doctor says he is high-functioning, which means that with the right schooling, therapies, teachers and family support Sam could be “mainstreamed” into a regular classroom with his peers in the future.

But getting from here to there is going to take enormous effort, and our local public school has already shown an unwillingness to help. Sam is old enough to attend kindergarten in the fall, but after reading his progress reports and listening to his therapists, Liz and I agreed he was not ready to tackle the added challenges of kindergarten. His language skills are still delayed and he has sensory and social issues that could use another year of work.

Our son was evaluated by the special-education personnel in our public-school district, and we were told he qualified to attend a general education pre-K class for part of the school day and receive therapy in the special-education classroom the other part of the time. We also got him into applied-behavior-analysis (ABA) therapy outside of the school system that was recommended to us by the pediatric neuropsychiatrist who diagnosed him.

So we asked for a meeting with local public-school officials to see if we could keep our son back a year. To our surprise, there were 11 school representatives at the 90-minute meeting, yet not one was qualified to render a decision. We wrote a follow-up letter expressing our disappointment and requested a second meeting.

The second meeting had even more people in attendance and lasted nearly two hours, at the end of which the school administrators said they could not grant Sam an extra year of preschool. Sadly, it was clear to us that pushing him through the system was more important to them than giving him a chance to perform at grade level.

At that point we had no choice but to enroll him in a private, faith-based school where he can repeat his pre-K year and continue an ABA program in the afternoon. We hope this will give Sam the support he needs. This school is aware of his condition and is willing to work with us and our son in conjunction with his ABA therapist to make sure he will be ready for kindergarten.

Thankfully, we could afford to send our son to a nearby private school. But in many families that isn’t an option. For the great majority of children with learning and physical disabilities, the best they can hope for is whatever their local public schools can provide. Too often what is provided is a subpar education that fails to meet the needs of this population. That’s not only unfair, it’s unjust.

That is why, when Americans discuss the need for school choice and vouchers, we should consider students with special needs like our son Sam. Society’s goal should be to give special-needs children their full measure of dignity and opportunity at a school where they can better learn, adapt and thrive. These schools exist, and vouchers can make them more affordable. The schools often are expensive—because it does take more to educate a child with disabilities. But these children, regardless of their parents’ income, deserve a quality education and a chance at life.

A few leaders have pushed back. Jeb Bush is one of them. When he became governor of Florida in the late 1990s he helped to create the state’s McKay Scholarships for Students with Disabilities Program. Founded in 1999, the statewide program provides “scholarships for eligible students with disabilities to attend an eligible public or private school of their choice.”

The program is still thriving long after Gov. Bush’s second term ended in 2007, and 28,370 students from 1,248 private schools participated in 2013-14. Students with disabilities ranging from blindness to dyslexia to autism-spectrum disorder received in total more than $180 million in scholarships.

That’s a model that if implemented in more states would help many thousands of kids like our son Sam, and many parents who can’t afford what is often most important in their child’s education: a choice.

Mr. Chiapelas lives in St. Louis.

All Arne’s Children

July 14, 2015

Arne Duncan has had his good moments supporting charter schools, but the Education Secretary continues to fight vouchers for private schools. So it’s worth noting that he has decided to send his own children to a private school in Chicago.

During his time in Washington, Mr. Duncan’s two children have been attending public schools in suburban Virginia. But his wife has now moved back to Chicago, and come fall their children will study at the University of Chicago’s Laboratory Schools—which he attended and where tuition runs about $30,000 a year. That’s also where Barack and Michelle Obama sent their children before moving to Washington and sending Sasha and Malia to the tony Sidwell Friends.

Mr. Duncan’s choice is all the more striking since he used to run the Chicago public schools. He also stood aside in 2009 when Illinois Sen. Dick Durbin managed to kill the Opportunity Scholarship Program in Washington until Speaker John Boehner and the Republican Congress revived it.

The Education Secretary was also a muted voice when the Obama Justice Department filed a lawsuit aimed at scuttling Louisiana’s innovative voucher program. And he was silent again when the Colorado Supreme Court recently invoked a leftover of 19th-century bigotry—its anti-Catholic Blaine amendment—to stop students from receiving vouchers for private schools.

We wish Arne Duncan’s children every success. Too bad he didn’t fight for similar options for families not as fortunate as his.

Daniel Henninger Observes Leftist Opposition To Education Reform

February 17, 2014

Late last week Daniel Henninger had a really good column in the Wall Street Journal. He was discussing President Obama’s latest faux-concern, the issue of “income inequality.” In a column which was subtitled “The left will never support the solution to income inequality,” Mr. Henninger was looking at the new mayor of New York City, progessive Leftist Bill de Blasio, and he closed his WSJ column this way:

Let’s cut to the chase: The real issue in the American version of this subject is the low incomes of the inner-city poor. And let’s put on the table one thing nearly all agree on: A successful education improves lifetime earnings. This assumes one is living in an economy with better than moribund growth, an assumption no one in the U.S. or Western Europe can make anymore.

If there is one political goal all Democratic progressives agree on it’s this: They will resist, squash and kill any attempt anywhere in the U.S. to educate those low-income or no-income inner-city kids in alternatives to the public schools run by the party’s industrial-age unions.

Reforming that public-school monopoly is the litmus test of seriousness on income inequality. That monopoly is the primary cause of America’s post-1970s social-policy failure. And that monopoly will emerge from the Obama presidency and de Blasio mayoralty intact. So will income inequality.

The Softer Side of “No Excuses” at KIPP Academy

October 25, 2013

There are many excellent charter schools in Texas, but KIPP Academy, being one of the oldest “No Excuses” charter schools, has had the most said about it, both positive and negative.  This Education Next article is an accurate look inside a KIPP Academy in New Orleans.

Enjoy!

Charter-school parents march in New York to secure a civil right: education.

October 11, 2013

The Brooklyn Bridge

It’s too bad every New Yorker who plans to vote in the city’s mayoral election Nov. 5 couldn’t be at the Brooklyn Bridge Tuesday morning. They would have seen the single most important issue in the race between Bill de Blasio and Joe Lhota. It’s not stop-and-frisk.

Thousands and thousands of charter-school parents with their young children—most looked to be in the first to fourth grades—marched across the Brooklyn Bridge to City Hall to save their schools.

When Bill de Blasio won the Democratic nomination for mayor, the first question many asked was whether Mr. de Blasio’s intention to heavily regulate the police department’s stop-and-frisk program would put the city’s years of low-crime calm at risk.

But this big Brooklyn Bridge march of mothers, fathers and kids alters the calculus of next month’s vote. The crime issue, though important, is ultimately about self-interest.

By contrast, most New York voters—especially better-off white voters who’ve already made it here—have no direct stake whatsoever in New York City’s charter schools. They do, however, have a stake in the integrity of their political beliefs.

For decades, New York’s inner-city schools sent wave after wave of students into the world without the skills to do much more than achieve a minimal level of lifetime earnings, if that. This failure, repeated in so many large cities, remains the greatest moral catastrophe in the political life of the United States.

In New York, 20,000 parents and children marched on Oct. 8 in support of charter schools.

In 1999, the charter-school movement began in New York City with a handful of schools given independence from years of encrusted union rules and city regulations that made real learning virtually impossible in the city’s chaotic schools. The project flourished. Now nearly 200 charter schools teach some 70,000 students.

When the legislative limit on new charter-school openings arrives, New York’s next mayor will have to lobby the Albany legislature hard for permission to expand these lifeboats for the city’s poorest kids. So let’s put the politics of the mayoral election this way: Some 20,000 black and Hispanic parents and their kids would not have traveled from their neighborhoods—77% of the city’s charters are in Harlem, the South Bronx and Central Brooklyn—to march across that famous bridge if Bill de Blasio were not running for mayor. They think Mr. de Blasio is going to kill the charter-school movement in New York City. And they think this is a civil-rights issue.

One thing these 20- and 30-something parents have in common with their counterparts who live in Brooklyn’s Park Slope or Manhattan below 96th Street is that they weren’t even born when Martin Luther King Jr. gave his “I have a dream” speech in 1963. But for them, you couldn’t miss that the dream described 50 years ago at the Lincoln Memorial was alive on the Brooklyn Bridge.

A lady with a bullhorn: “What do we want? Choice! When do we want it? Now!” A sign: “Let my children learn.” And bringing the politics to the present, one sign said simply: “Charters for the 99%.”

Many voters in the parts of Manhattan or Brooklyn that have good public- or private-school options will still vote for Bill de Blasio, either because they don’t spend much time on these out-of-area moral dilemmas or they think: It can’t be that bad, can it? Bill de Blasio won’t actually kill these people’s schools, will he?

Yes, it can be that bad.

In a now-famous statement, Mr. de Blasio recently said of charter-school pioneer Eva Moskowitz: “There is no way in hell that Eva Moskowitz should get free rent, OK?” What this means is that Mr. de Blasio, under pressure from the city’s teachers union, will start demanding rent payments from public charter schools that now operate rent-free in the same buildings occupied by traditional public schools.

If the next mayor makes the charters pay rent in the city’s expensive real-estate market—essentially imposing a regressive tax on them—over time the schools’ budgets will suffocate and they’ll start to die. It will be a slow death, so Mr. de Blasio’s voters won’t notice what’s happening in Harlem, Brooklyn and the South Bronx.

The city’s charter movement has attracted innovative school operators such as KIPP, Achievement First, Uncommon Schools, Harlem Village Academies and others. For the parents who win the annual lottery to get their kids into these schools, the result is an educational environment of achievement, discipline and esprit—what any parent wants. Given Mr. de Blasio’s intentions, these innovators will start to leave the city. One of the best things New York City has ever done will go away.

Sounds melodramatic? You bet it is. Why do you think those people were on that bridge?

How Democratic politicians like Bill de Blasio and the unionized teachers’ movement ended up so at odds with the city’s black children will fall to future historians to explain. But that’s where they are. What remains to be seen, and will be seen Nov. 5, is how many New Yorkers are in that same place.

Write to henninger@wsj.com

A version of this article appeared October 10, 2013, on page A15 in the U.S. edition of The Wall Street Journal, with the headline: Bill de Blasio and Civil Rights.

Copyright 2012 Dow Jones & Company, Inc. All Rights Reserved

As Education Declines, So Does Civic Culture

September 18, 2013
  • September 16, 2013, 7:14 p.m. ET

A generation of college graduates unable to write or reason bodes ill for liberal democracy.

    By  JONATHAN JACOBS

Even as the cost of higher education skyrockets, its benefits are increasingly being called into doubt. We’re familiar with laments from graduates who emerge from college burdened with student loans and wondering if their studies have prepared them for jobs and careers. A less familiar but even more troubling problem is that their education did not prepare them for responsible civic life. The decline in education means a decline in the ability of individuals—and ultimately the nation as a whole—to address political, social and moral matters in effective, considered ways.

The trouble begins before college. Large numbers of high-school students have faced so few challenges and demands that they are badly underprepared for college courses. Many who go on to four-year colleges seem to need two years of college even to begin to understand what it is to study, read carefully and take oneself seriously as a student. For many students, high-school-level preparation for college is a matter of having high self-esteem and high expectations but little else.Brain wsj

Even after three or four years of undergraduate education, many students still cannot recognize reasoning when they encounter it. They have little grasp of the difference between merely “saying something” and constructing an explanation or formulating an argument. This is often reinforced by college instructors who urge students to regard all theories, intellectual perspectives and views as ideology—without acknowledging the differences between theories, beliefs,
hypotheses, interpretations and other categories of thought.
This impedes students from acquiring habits of intellectual responsibility. Far too often, teachers and texts insist upon a “verdictive” approach, a politicized view of issues. Whatever your stance regarding the “culture wars” and the politics of higher education, it is undeniable that a great many graduating students have little idea of what genuine intellectual exploration involves. Too often, learning to think is replaced by ideological scorekeeping, and the use of adjectives replaces the use of arguments.

Such blinkered thinking has serious implications for civic culture and political discourse. It discourages finding out what the facts are, revising one’s beliefs on the basis of those facts and being willing to engage with people who don’t already agree with you. What does that leave us with? A brittle, litmus-test version of politics. It is one thing if people move too quickly from argumentation to name-calling; it is another to be unable to tell the difference.

There has been so much grade inflation in high school and college, so much pressure to move students along regardless of their academic accomplishment, that it is unsurprising to find large numbers of graduates lacking the skills required for available jobs. They may also lack the patience and discipline to learn those skills: If you haven’t been required to meet demands in order to receive good grades, then patience and discipline are less likely to be among your habits. For graduates who do find work, the reality of employers’ expectations may come as a shock.

Many employers can attest, as college instructors will too if they’re being frank, that many college graduates can barely construct a coherent paragraph and many have precious little knowledge of the world—the natural world, the social world, the historical world, or the cultural world. That is a tragedy for the graduates, but also for society: Civic life suffers when people have severely limited knowledge of the world to bring to political or moral discussions.

To see the effect of these trends, simply ask a few 15-year-olds, 19-year-olds or 22-year-olds some basic, non-tricky questions from non-esoteric knowledge categories (history, biology, current events, literature, geography, mathematics, grammar). See what the responses are. Ask these young people to describe the basic institutions of American government, or how a case makes its way to the Supreme Court or what “habeas corpus” means. The point isn’t to embarrass them, but to wake up the rest of us to how little students have been expected to know even about the political and legal order in which they live.

The primary concern shouldn’t be how American students rank in international science and math scores (though that is certainly relevant). It is whether the United States can be a prosperous, pluralistic democracy if higher education fails to require students to think, inquire and explain. A liberal democracy requires a certain kind of civic culture, one in which citizens understand its distinctive principles and strive to preserve them by addressing issues and one another in a responsible manner. That is essential to the mutual respect at the core of liberal democracy.

The U.S. faces serious challenges; education should be serious and challenging. The cost to America of failing to reverse the trend toward trivializing education will be more than just economic. It will be reflected in social friction, coarsened politics, failed and foolish policies, and a steady decline in the concern to do anything to reverse the rot.

Mr. Jacobs is director of the Institute for Criminal Justice Ethics and chairman of the Department of Philosophy at John Jay College of Criminal Justice.

A version of this article appeared September 17, 2013, on page A15 in the U.S. edition of The Wall Street Journal, with the headline: As Education Declines, So Does Civic Culture.

Copyright 2012 Dow Jones & Company, Inc. All Rights Reserved

The Evil Empire Strikes Back

November 20, 2012

Even when reform passes, teachers unions engage in massive resistance.

Education reformers had good news at the ballot box this month as voters in Washington and Georgia approved measures to create new charter schools. But as the reform movement gathers momentum, teachers unions are giving no quarter in their massive resistance against states trying to shake up failing public education.

In Georgia, 59% of voters approved a constitutional amendment that creates a new statewide commission to approve charter schools turned down by union-allied school boards. Instead of absorbing the message, charter opponents are planning to sue. The Georgia Legislative Black Caucus said last week it will join a lawsuit against Governor Nathan Deal to block the change. According to Caucus Chairman Emanuel Jones, because the ballot measure’s text didn’t discuss the details of how the schools were selected, “people didn’t know what they were voting for.”

This is the legal equivalent of sending back a hamburger because you didn’t know it came with meat. Georgia voters rallied around the charters because they want something better for their children than the dismal status quo. The Atlanta Journal-Constitution reports that as of April only 67.4% of the state’s freshmen graduated from high school in four years. Last year a state investigation of Georgia schools found that dozens of public educators were falsifying test results to disguise student results.

A different battle is unfolding in Chicago, where the city’s teachers union is getting ready for its second showdown with Democratic Mayor Rahm Emanuel. In September, teachers went on strike and won a pay raise and limits on test scores in teacher evaluations. Now the union is fighting the city’s plan to close underused schools in an effort to consolidate resources.

Chicago Public Schools have some 600,000 seats but only 400,000 kids, while the district faces a $1 billion deficit next year and over $300 million of pension payments. Yet at a protest rally last week, Chicago Teachers Union Vice President Jesse Sharkey declared that the union was “serving notice to elected officials, if you close our schools, there will be no peace in the city.” Remind you of Selma, circa 1965?

The tension is especially acute for black parents whose children are trapped in the worst public schools. In other states, black organizations that march in lockstep with Democrats and their union allies have also been slow to catch up, but the message is getting louder. In Harlem last year, thousands of parents protested the NAACP’s role in a lawsuit to block school closings and the expansion of charter schools.

No reform effort is too small for the teachers union to squash. In this month’s election, the National Education Association descended from Washington to distant Idaho, spending millions to defeat a measure that limited collective bargaining for teachers and pegged a portion of teachers’ salaries to classroom performance. In Alabama, Republican Governor Robert Bentley says he’s giving up on his campaign to bring charter schools to the state after massive resistance from the Alabama Education Association.

Unions fight as hard as they do because they have one priority—preserving their jobs and increasing their pay and benefits. Students are merely their means to that end. Reforming public education is the civil rights issue of our era, and each year that passes without reform sacrifices thousands more children to union politics.

Now that the election is over, is it too much to ask that President Obama and Education Secretary Arne Duncan drop their union coddling and speak truth to union power? Alas, it probably is.

A version of this article appeared November 19, 2012, on page A18 in the U.S. edition of The Wall Street Journal, with the headline: The Evil Empire Strikes Back