Notes on a Theory…

Thoughts on politics, law, & social science

Posts Tagged ‘civil rights

Treating All Children Like Human Beings

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Fund Our SchoolsBryce Wilson Stucki has an interesting piece called Breaking the School-to-Prison Pipeline: Rethinking ‘Zero Tolerance’ discussing recent efforts to challenge so called “zero tolerance” policies in public schools. Such policies, which grew out of the Drug War and political efforts to get “tough on crime,” have ended up pushing many youths out of school and into the “school to prison pipeline.”  She notes that some places have been moving in a different direction, attempting to enact a less punitive approach to discipline, in particular the adoption of restorative justice.  One example is the Kensington Creative & Performing Arts High School (KCAPA) in Philadelphia, “where about 90 percent of students are Latino or black and 100 percent are below the poverty line”. Read the rest of this entry »

Written by David Kaib

July 2, 2014 at 1:43 pm

Who Will Push Back? Without Strong Democratic Teachers’ Unions, We’re All Screwed

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Kindergartner students in the deep blue state of Massachusetts are being shamed by publicly posting their test scores. Here’s Sarah Jaffe reporting on “data walls”:

Last year, K-12 teachers in the Holyoke, Massachusetts school district were told to try a new tactic to improve test scores: posting “data walls” in their classrooms. The walls list students by name and rank them by their scores on standardized tests. This, they say administrators told them, would motivate children to try harder on those tests.

Teachers did so, many unwillingly. Agustin Morales, an English teacher at Maurice A. Donahue Elementary School in Holyoke felt pressure to comply, but finds the data walls cruel. One of his top students did poorly on a standardized test in November and found her name at the bottom of the data wall. Afterward, in a writing assignment for class, she “wrote about how sad she was, how depressed she was because she’d scored negatively on it, she felt stupid.”

“So why do I hate data walls?” he continued. “Because of how she felt that day. She felt worthless. She felt like she wasn’t as good as other people.”

Morales isn’t alone in opposing the data walls. They’re widely seen as just the latest front in a war being fought by educators, parents and students nationwide against what teacher educator Barbara Madeloni calls “predatory education reform.”

Earlier, Jaffe wrote about the difficulties of kindergartners given standardized tests  in New York , which “pit children against one another instead of teaching them to share, which can turn even a kindergarten classroom into a den of hyper-individualistic bootstrappers.”  And indeed, like the data wall and the shaming it facilities, “This is a feature, not a bug, of the testing regime.”

These sort of stories should not be dismissed as outliers.  They are part of the same drive to relentlessly rate the relative merits of students, teachers, and schools, to place them in competition with one another, to address education problems by mass firings of teachers or mass closure of schools, to devalue the contributions of experienced teachers as well as traditional (or more accurately, real) public schools.

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Written by David Kaib

March 11, 2014 at 10:32 pm

Just Cause Laws are Civil Rights Law

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A recent case from Iowa has caused a great deal of discussion, and it illustrates an important larger point.

A dentist acted legally when he fired an assistant that he found attractive simply because he and his wife viewed the woman as a threat to their marriage, the all-male Iowa Supreme Court ruled Friday.

The court ruled 7-0 that bosses can fire employees they see as an “irresistible attraction,” even if the employees have not engaged in flirtatious behavior or otherwise done anything wrong. Such firings may be unfair, but they are not unlawful discrimination under the Iowa Civil Rights Act because they are motivated by feelings and emotions, not gender, Justice Edward Mansfield wrote.

[snip]

Nelson, 32, worked for Knight for 10 years, and he considered her a stellar worker. But in the final months of her employment, he complained that her tight clothing was distracting, once telling her that if his pants were bulging that was a sign her clothes were too revealing, according to the opinion.

He also once allegedly remarked about her infrequent sex life by saying, “that’s like having a Lamborghini in the garage and never driving it.”

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Written by David Kaib

December 22, 2012 at 1:59 pm

What Would a Real ‘Right to Work’ Look Like?

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I just asked this question on Twitter, and realized I wasn’t going to be able to explain it  in 140 characters.  So I thought I’d elaborate here. First, the question:

There has been a lot of talk about how we need to reframe the horribly inaptly named “right to work” laws, which essentially require unions to represent workers who refuse to join or otherwise support the union in any way.  Since no one is ever required to join a union, this whole framing in nonsense, a cover for a policy designed to weaken unions that can’t be defended on the merits.

‘Right to work for less’ is a common one, but it is fairly clunky.  I like the idea of ‘loafer laws’ or even better, ‘freeloader laws’ (that one is from Matt Bruenig) which emphasize the free rider problem here.  I also like ‘no rights at work’ law.  Regardless, the question I’m asking is a different one.

What would a real right to work look like?  Instead of reframing the right-wing policy with a different name, we could attach a different policy to the name (in fact we could and probably should do both).  Rhetorically, we’d respond to the call for a ‘right to work’ by saying, ‘absolutely we need a real right to work, which would mean X’  There are, as I see it, two options.

The first is the one I mentioned in my tweet – just cause employment laws.  These laws, which presently exist only in Montana, require employers to have a legitimate reason before firing an employee.  This is opposed to at will employment, where employers can fire for any reason or even no reason, as long as they don’t run afoul of various anti-discrimination laws. (It’s worth pointing out that because outside of these laws employers can fire at will, enforcing such anti-discrimination laws is more difficult). In essence, such laws ensure a basic level of due process, and reduce the arbitrary authority of employers while leaving intact legitimate authority.

Another way to reframe right to work would be a federal guarantee of a job, along the lines that Sandy Darity has proposed.  “His National Investment Employment Corps does that, he says, by creating real jobs that pay a minimum of $20,000 a year and $10,000 in benefits, including medical coverage and retirement savings,” along the lines of the Works Progress Administration and the Civilian Conservation Corps during the Great Depression. This is a quite literal ‘right to work.’

Does that make sense? And if so, what do you think?

[Update] Richard Yeselson was tweeting about the first question, and offered “right to shirk.” I like that.

Written by David Kaib

December 10, 2012 at 11:15 pm

No, Jeb Bush, Schools are not Like Milk

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[Update 7-3-13 Steve Hinnefeld addresses Albert Hirschman vs. Milton Friedman and education reform. “Here’s another way of saying it: The contempt that school choice advocates commonly express for public schools is, at its root, contempt for democracy itself.”]

At the GOP convention, Jeb Bush argued in favor of voucher and school choice using the frame of civil rights.  Bush, brother of failed president and education reformer George W. Bush, went further, offering an even more inapt metaphor.

“Everywhere in our lives, we get the chance to choose,” he said in a prepared version of his remarks sent to reporters. “Go down any supermarket aisle – you’ll find an incredible selection of milk. You can get whole milk, 2% milk, low-fat milk or skim milk. Organic milk, and milk with extra Vitamin D. There’s flavored milk— chocolate, strawberry or vanilla – and it doesn’t even taste like milk. They even make milk for people who can’t drink milk.”

“Shouldn’t parents have that kind of choice in schools?” Bush said.

This perfectly encapsulates what’s wrong with the corporate ed position.  It conflates something as important, complex and far reaching in its consequences as an education with milk, a simple consumer good.  That frame justifies turning public education into a profit making opportunity.  It supports the deprofessionalization of teachers.  It focuses our attention on individuals instead of the ways we systematically provide a different quality to education based on class and race.  Choosing 2% one week and whole milk the next is no problem, but shifting your child between schools even once is a huge decision. The choice of milk depends purely on taste while education is a skilled profession.  While the analogy has surface appeal, its implication are gross and  most people would recoil from them it they were made explicit.  Most people, that is, who believe that providing a quality education to all is a basic requirement in a democratic society that is committed to the idea that all people are equal.

How can you say on the one hand that education is a civil right and at the same time it’s like shopping for groceries? Read the rest of this entry »

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