Author Archives: Hailly Korman

Donald Trump, Public Education, and the Rise of the (New) New Federalists

donald-trump-1818950_1280Many of you might have woken up on November 9 (and perhaps each day thereafter) thinking to yourself “but Donald Trump can’t actually do that, can he?” As far as education goes, the answer is mostly “no, he can’t.” The federal executive branch cannot make binding education policy: it can only offer states funds in exchange for adopting preferred policies.

This is because thankfully there are structural limitations to the president’s power; in high school social studies we called them “checks and balances” and probably thought of them as quaint academic concepts. But these checks and balances — especially the intentional friction between the states and the federal government — will play a big role in education policymaking over the next four years.

Federalism is the name for the concept that the U.S. Constitution grants certain limited powers to the federal government and that all other powers are preserved by the states. Despite the possibly misleading name, it is the philosophy that constrains federal power and it is a fundamental principle of American government. And one of the most visible exercises of that state power is public education. (Others that will likely be very important over the next four years include policing and health care.) Continue reading

New Juvenile Justice Law Does a Lot for Students, But Not Enough

JJDPA is the Juvenile Justice Delinquency and Prevention Act. After sitting for more than a decade without authorization, it passed the House last week and now moves on to the Senate.

Originating in the Education and Workforce Committee, it’s touted as a big progressive reform. And it is in fact, it does far more for young people who are incarceratstudent-1647136_1920ed than this year’s federal education package, the Every Student Succeeds Act (ESSA). There are reasons to cheer for the new statute, but it still doesn’t do enough to ensure that kids who are locked up have the high-quality education experiences that they need in order to return to their communities as productive participants.

The Committee factsheet lays out the four general sections of the bill:

  • provisions to ensure the continuity of young people’s education while incarcerated;
  • clear guidance and directions for states and localities on how to reduce racial and ethnic disparities among incarcerated youth;
  • better reporting of important juvenile justice metrics to the Office of Juvenile Jus
    tice and Delinquency Prevention;
  • and provisions to ensure accountability in the use of federal resources devoted to juvenile justice initiatives.

(Unrelated to education, it also refines and strengthens important protections for children detained in the juvenile and adult systems by clarifying a number of judicial and correctional regulations and procedures.)

That first bullet point: “provisions to ensure the continuity of young people’s education while incarcerated” is both promising and disappointing. In fact, this statute doesn’t do much more than most of us probably assumed was already a well-established minimum standard. Continue reading

The Black Lives Matter Education Platform Is Part of a Bigger Conversation

Last week, a collective of organizations engaged in the Black Lives Matter movement published two policy briefs (here and here) which together articulate an education platform. Although Black Lives Matter crystallized into a cultural force after several well-documented incidents of police violence, it has never been a single-issue movement. For many Americans, critical analyses of public schools have never lived very far away from conversations about racism, policing, and the fundamental role of government.BLM

In many education circles, these conversations became open and explicit with the introduction of  “school resource officers.” A school resource officer is an on-duty police officer assigned to a school campus. These positions ballooned after the Columbine tragedy, ostensibly to protect students in the event of another attempted school shooting. That hasn’t worked out as designed, and although there are stories of heroism, they’re dwarfed by the ongoing incidents of mass violence with student casualties. Unfortunately, the presence of school resource officers on campus has also meant that every discipline problem (even fake burping) can quickly escalate to an arrest.

And just like formal policing outside of the school gates, the unofficial policing of behavior on campus shows markers of racism and bias. Black students, both boys and girls, are disproportionately suspended and expelled. For a school, that might be the end of the story, but for a young person and their family, it’s likely just the latest in a series of disruptive encounters with agencies supposedly tasked with protecting and caring for them.

This new Black Lives Matter education platform acknowledges the central role that schools play in communities today and that they are woven into the fabric of families’ lives. Education, policing, and criminal justice are in constant interplay, and none of them function independently of the others. Some of the policy wonks among us might take issue with the particulars of the recommendations — and that’s fair — but the platform should be read in its intended context, and policy debates should be informed by an understanding of the complex relationships among these public agencies.

The Error of Our Ways: Education and Mass Incarceration

Originally published on Bellwether and The 74’s live blog of the DNC.

In 1996, Hillary Clinton, in support of her husband’s sweeping crime bill, gave an interview in which she invoked the “superpredator,” a criminal so corrupted that they were irredeemable. That narrative stoked the fear that has driven two decades of prison and jail expansion, militarized local police, and zero tolerance school discipline policies. But times have changed.

prison-370112_960_720In just the last few years, we’ve watched the tide turn in our national discourse on incarceration, and it’s clear that the speakers at last week’s convention have joined the call by Education Secretary John King and others to shift resources away from the criminal justice system and into our schools. It’s not just our federal leaders in a crisis of conscience, states, school districts, and charter schools are rethinking their approaches to student behavior. They’re spurred by a realization that they have been complicit in a broken system.

Dr. Maya Angelou once reflected, “I did then what I knew how to do. Now that I know better, I do better.” During the primary campaign, there were loud voices insisting that Hillary’s 1996 comments were fair game for criticism. And they were. But if we as a society take the principles of growth and redemption seriously, then we need to take a close look at what’s different about this campaign and how Clinton has changed in the last 20 years. If you believe in second chances, then that stuff matters.  

Hillary has spoken explicitly about racial justice, mass incarceration, and the need to invest in supportive services in communities. Kate Burdick, a long-time education advocate, Eric Holder, and the students of Eagle Academy, joined the lineup of speakers at the DNC last week to talk about Hillary’s focus on education and justice reform. And in his speech last Monday, Bernie Sanders credited Hillary Clinton with understanding that we need to make sure that young people “are in good schools and in good jobs, not rotting in jail cells.”

While Hillary shouldn’t be accountable for her husband’s policies, she is responsible for her own words — words that she now publicly regrets. If she follows that up with real action on education like her platform suggests, it could be a demonstration of the self-aware leader who does better once they know better and an example for us all.

Immigration is an Education Issue

Read more live coverage of #EDlection2016 via Bellwether and The 74’s Convention Live Blog.

The DNC kicked off Monday night with two parallel stories of immigration that are meaningful, especially for those closely watching education issues. Karla Ortiz a 10-year-old American citizen spoke along with her mother, Francisca Ortiz, who is undocumented.

Another speaker, Astrid Silva identified on the schedule simply as “DREAMer” is the organizing director at the Progressive Leadership Alliance of Nevada. She is also undocumented. Although these speakers highlighted the importance education played in their personal stories, it might not be immediately obvious that momentum around immigration reform in the federal executive office is explicitly connected to our schools.

The appearance of these speakers on night one suggests that the Clinton campaign intends to bring renewed energy to passing the DREAM Act, now more than six years old. And while this statute is a federal immigration law, it has enormous implications for state education programs.  Since 1982, undocumented students have been entitled to attend a public K-12 school; they also cannot be excluded from public college or university. But what they still can’t do is qualify for in-state tuition or get federal grants or loans to pay for it. Some states have taken up the cause and created their own state funding opportunities but programs vary wildly with different eligibility requirements and benefits available.

By leading with two stories that are about both immigration and education, the DNC sets the stage for some high-level ideological and policy friction between the federal government and the states. Immigration policy belongs to the federal government alone (even though we’ve seen lots of states try to assert their power and lose). Education policy is primarily a state responsibility, even though the federal government can offer incentives for states to adopt preferred policies or practices. But the recent passage of ESSA shifts even more decision-making power to the states, while still providing them with federal dollars.

There’s also the matter of DACA (Deferred Action for Childhood Arrivals): a separate federal executive action that applies to this same category of undocumented people: young people ages 15-31 who are enrolled in, or recently graduated from, high school. DACA acts as an interim measure while the DREAM Act winds its way through Congress, protecting eligible students’ continued U.S. residency by allowing them to apply for a two-year reprieve from the threat of deportation.

The success of DACA, however, rests on our public K-12 schools.

In order to qualify for DACA protection, students must prove that they are attending (or have graduated from) a U.S. high school. That requirement means more than just gathering the paperwork, it also means that we’re trusting our schools have the capacity to support these students through high school.

Threading the needle not only on immigration and education, but also state and federal authority is going to be a tricky task. But the Clinton campaign seems to be gearing up for it.  We’ve gotten a lot of the “why” now I think we’re all ready to hear the “how.”