Category Archives: Constitutionality

Seminole parents are right to fight book bans

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Attendees in a crowded chamber room wave cards of support for a speaker during the public comment portion of a meeting of the Seminole County School Board in Sanford on Tuesday evening, September 19, 2023. Many of the speakers were commenting on the subject of book bans. (Stephen M. Dowell/Orlando Sentinel)

By Robin Dehlinger |
September 24, 2023 at 5:30 a.m.
I was encouraged as I listened to the many individuals who attended the Seminole County Public Schools Board meeting last week to provide their supportive comments against book bans. Parents and residents of the county, along with people from other parts of the state, rallied to support our public schools, teachers, and leaders, as they spoke out. Their remarks were in stark contrast to the organized effort by Moms for Liberty to challenge books they do not like. My hope is that our community will continue to publicly speak in support of our public schools. They recognize a good thing when they see it, and Seminole’s schools consistently rise to the top in the state of Florida and the United States.

The Florida Constitution states the education of children is a fundamental value of the people of the state of Florida and Florida statutes require the opportunity for students to obtain a high-quality education. This is realized by the professionalism and expertise of Seminole’s teachers, and school and district leaders, and evidence of their commitment to helping all students achieve their potential.

Regardless of any narrative suggesting otherwise, parents have always played a critical role in their children’s education, including their right to supervise and monitor their children’s academic and social experiences in public school. The idea that “parental rights” is a new thing is ludicrous.

But no one individual should make decisions about what another person, including students, should read. Parents who do not want their children to have access to a particular book through their school or classroom library can opt out of that access. This has always been the case. However, every parent should have the same freedom to allow their children to access books based on what they deem appropriate for their children.

No one believes that every book, regardless of content, should be available to children. Material that is not appropriate for K-12 students should be carefully evaluated through a transparent process, such as was explained by the director of instructional materials in her presentation at the School Board meeting last week. The process for a parent or resident to challenge materials or books is outlined in policy, as required by Florida statute. School districts should closely follow their board approved policy and not defer to the demands of any one individual or group choosing to operate outside of the policy.

Diverse texts serve an important academic role. With guidance from their teachers, they allow students to engage in conversations that require critical thinking. If age-appropriate books that would expose students to challenging topics are prohibited, students miss opportunities to understand the perspectives of others and to think deeply about ideas that have relevance to their lives. Seminole County Public Schools is known nationally for the achievements of its students. Parents and residents should remain outspoken in support of the school board and superintendent as they continue the work that has made Seminole County Public Schools an A rated school district 22 times.

Robin Dehlinger is the retired assistant superintendent of Seminole County Public Schools.

“An incisive and devastating critique of the Bush A+ Plan”

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You have to tell it like it is, especially when so many people have so much money invested in a failing education reform policy. Read the summary of the report: Twenty Years Later: Jeb Bush’s A+ Plan fails Florida’s Children posted by Diane Ravitch. Find out the hard truth about the impact of the A+ Plan on student achievement, school grades, teaching, and communities. Insist on an end to policies that seek to destroy public schools and rob children of a high quality education.

Assault on Separation of Church and State

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An organized group of ultra conservative legislators have filed a bill to teach religion in schools. The group called ‘Florida Citizens Alliance’ does not like climate change either. FCA is a group Erika Donalds and her husband, who is in the legislature, have formed with support from others like former Senator Joe Negron’s wife Rebecca and Richard Corcoran’s wife Anne. The group is the same coalition of politicians and wealthy donors who unsuccessfully pushed Amendment 8 to create a separate charter ‘independent’ school system. Last year they got a bill passed to enable citizens to review textbooks for content they oppose.

Bill 330 by Senator Baxley from Ocala requires the Florida Curriculum Standards be revised to be minimum standards. Additional standards could be added to them. This revision is to add controversial science and economic theories to the curriculum. A similar bill was filed last year but did not pass.

What is really at stake is Florida’s Blaine Amendment in the constitution. It specifically addresses the issue of teaching a religion, not just teaching about religion. This becomes a blurry line in practice. Senator Baxley’s bill would require that schools teach about controversial topics. It is one of those tactics to infiltrate policy that keeps such topics separate from school curricula.

For a legal analysis of the Blaine amendment, see the explanation in the Stetson Law Review. I would expect the legislature to consider an amendment to the Florida constitution to overturn the Blaine amendment. Keep watching.

Florida Supreme Court Rules Against Public Schools

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My take on Friday’s Supreme Court decision on the Citizens for Strong Schools lawsuit.

Article IX of Florida’s constitution, ratified voters in 1998, called for the state to make adequate provision for the education of all children to have a uniform, efficient, safe, secure, and high quality system of free public schools…. In 2009, the Citizens for Strong Schools lawsuit began its arduous journey to the Florida Supreme Court. The plaintiffs had argued that Florida’s choice system failed its constitutional mandate. In one example, the plaintiffs cited data showing “one million Florida minority students (1/2 of all students), moreover, do not read at grade level”.

The defense defined educational quality as ‘continuous progress’. Thus, in the state’s view, if test scores go up, the system is working. NAEP was the standard used to show improvement. There has been improvement in Florida’s NAEP scores over the past twenty years. The state claimed that the improvement in achievement was attributed to the quality of teachers and administrators and the pressure from school choice. The plaintiffs argued that improvement is fine, but the achievement is still low. Moreover, a high quality system gives access to all children, not just some.

At its core, the lawsuit was about adequate funding to meet children’s needs. If the plaintiffs had won the lawsuit, they would have asked for a cost study so that requirements would be aligned with resources. In the current choice system, funding to support charter and private schools drains needed resources from public schools. Florida’s per student funding is one of the lowest in the nation.

In January 2019, the Court in a contentious 4/3 split decision, rejected the claims of the plaintiff. The majority opinion of the court was that the terms ‘high quality’ and ‘efficient’ are ambiguous and do not create judiciable standards. Education policy and funding are in the domain of the legislature, not the judicial system. Chief Justice Canady said: the plaintiffs “failed to provide any manageable standard by which to avoid judicial intrusion into other branches of government”. The minority opinions stated that the majority opinion “eviscerates the 1998 opinion…only time will truly reveal the depth of the injury inflicted upon Florida’s children”.

What is the correct basis for the legal argument? is it a rational basis or must the state comply with specific requirements to provide a high quality education? A Wikipedia explanation stated that it is easier to define a rational basis by what it is not. It is not a genuine effort…to inquire whether a statute does in fact further a legitimate end of government. I found a quote attributed to Thurgood Marshall…the constitution does not prohibit legislatures from enacting stupid laws. The case may have hinged on the interpretation of the legal basis of the case. It reminds me of a saying I have heard often: Is it close enough for government work or do we have to get it right?

Where do Florida citizens go next to garner support for the education of their children?

Charter School Teacher Unions Strike

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Some charter school teachers in Chicago have gone on strike. Part of the allure for management companies to open charter schools is that they are not part of the teacher unions…or are they? In Louisiana, the 5th Circuit U.S. Court of Appeals ruled that charters are not a subdivision of the state. Therefore, they are subject to the National Labor Relations Act. The court declared that even though New Orleans was a charter dominated system, it was the public school system. It was not, however, a politically accountable entity. Basically, the court argued that since the state could not control the charter board membership, the charter was independent. Independently run charters must allow employees to unionize. Teachers can then bargain to be covered in health insurance and retirement programs or increase salaries.

In Chicago, the teachers, both public and charter, are fighting for their profession. Some charter teachers have organized their own union, and/or join the public school system unions. It gets complicated! Nevertheless, in 2016, the union bargained with the mayor to put a moratorium on charter school expansion. Teaching conditions have not improved. Now, 500 charter school teachers who did unionize, have gone out on strike.

The issues for Chicago charter school teachers are real. They work longer days and have a longer school year…about 20% longer. Their class sizes are larger and their salaries are smaller than for public school teachers.

Florida has a strong teacher’s union, but it is hampered by an agreement to ban strikes. Back in 1968, Florida teachers launched the nation’s first statewide teacher strike. The settlement included a ban on future strikes. So, teachers like parents must choose to accept what is offered or leave. Many are. It is one way to raise awareness that when some groups are treated unfairly, everyone suffers. Surely, there must be a better way!

An interesting question comes to mind. Are Florida charter teachers public employees? They are hired by private companies, not school districts. Can they organize and strike?

Will Richard Corcoran Replace Pam Stewart?

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Politico reports that the new Florida Commissioner of Education is rumored to be former House Speaker Richard Corcoran. Stewart had announced her plans to retire at the end of Governor Scott’s term, but the State Board of Education asked her to remain to ‘groom her successor’. Corcoran pushed for Schools of Hope to replace struggling public schools with charters. He also supported the Hope Scholarships to give students who were bullied Florida tax credit scholarships to private schools. The State Board of Education is already solidly in the pro choice camp, so they likely will rubber stamp this nomination.

A preview of the conservative agenda for education is available from the Florida Citizens Alliance advocacy group. They anticipate that Governor-elect DeSantis will expand choice programs to include vocational programs that focus on apprenticeships, ending proprietary testing, and ending Common Core Standards. (I do not see where DeSantis makes any statement about K12 testing policies.)

Amendment 8 proposals to expand civics education, term limits and centralized charter systems are likely to resurface. DeSantis has made civics education a priority. This is a national priority of the American Legislative Exchange Council (ALEC), a conservative coalition of legislators. The idea is to focus on concepts that, according to Betsy DeVos, lead young people to support socialism rather than a conservative ideology that is anti-government.

If this agenda succeeds, Florida’s educational system will once again be in turmoil.

Florida Twenty Years Later: Undermining Public Schools

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Diane Ravitch asked me to do a series on my reflections about the impact of school choice in Florida. I did four articles that will appear daily in her blog.

The first post “Florida Twenty Years Later: Undermining Public Schools” appeared in her blog today. It covers the false assumptions behind the choice movement i.e. choice saves money and spurs innovation. What really has happened the last twenty years to school facilities, teachers, and the learning process that demonstrate Florida schools are nearing a crisis? You can read it here.

The second piece: “Twenty Years Later: Impact of Charter and Private Sector Schools” summarizes where the lack of common rules governing schools leads. The simple answer is profiteering, corruption and charter school closures.

The third piece: “Twenty years later: Who Benefits, Not Schools!” covers the impact of choice policies on civil rights, funding, local vs. state control, and accountability. One might ask: Who benefits in a system that generates so much conflict? Politicians and profiteers, but not the public may well be the answer.

The fourth piece “Twenty Years Later: The SociaI Impact of Privatizaton” covers resegregation and the result of the ‘separate but equal’ philosophy governing school choice. Separate is not equal.

Could it happen here, No Doubt About It? Consider Arizona

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Arizona Superintendent of Schools Diane Douglas announced she will recommend the curriculum standards for Classical Academy charter schools. They are sponsored by Hillsdale College, a conservative Christian college in Michigan that has gone into the charter business. It had to do something a few years ago because it was scandal ridden due to the sexual exploits of its president resulting in his son’s wife’s suicide. It is also the charter chain that Erika Donalds, a Collier County Florida school board member, personally supports. She has filed a proposal to open another one in Martin County. It’s the same chain that won its appeal to Florida’s State Board of Education to open a Classical Academy in Tallahassee this past week.

Florida’s State Board of Education Chair is no supporter of public schools. Marva Johnson advocated that Florida’s constitution be changed to allow public funds to support private, religious schools. Johnson was voted by SBE members to succeed Gary Chartrand. He is one of the financial supporters of KIPP charters in Jacksonville. He is also one of the major contributors to school board races. His candidates support charter schools.

There is a lot of money to be made from Florida’s charter schools. Almost half of the 650 charters are run by for-profit management companies that are subcontractors with the charter boards they help to create. Want to know about the inside dealings of Academica, Florida’s richest charter firm? Read the Miami Herald report. This story ran before Erik Fresen, Zulueta’s brother-in-law and former Florida legislator was arrested for forgetting for eight years to file his income tax returns. He already had been cited for conflict of interest in his role at Academica.

Large non-profit charter management chains have their own way of making money. Eva Moskowitz, head of the NY based Success Academies, made over $782,000 in 2016 to run 46 schools. The Superintendent of Orange County, Florida public schools runs 191 schools, but her salary is less than half of what Moskowitz earns.

Until Florida citizens demand change, too many charters will syphon off public tax dollars for private gain. When the money goes to charters, it comes from your children’s schools.