The Volokh Conspiracy
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A Positive Path Forward
Solving the daunting problems facing K-12 education.
We're at an inflection point in American K-12 education, brought on by decades of inaction as Ed schools became more militant and radicalized and classrooms subsequently became increasingly politicized. As additional instances of shocking and even unethical instruction come to light, dumbfounded and sideswiped citizens are shaking their heads, asking themselves how this all could have happened.
Both benign and malign actors, and many sins of omission and commission, brought us to this lamentable point, but now that so much intolerable pedagogy has been revealed and so many suspicions confirmed, we need to focus first on fixing the problem rather than assigning blame. There are innocent and impressionable children who are becoming collateral damage in this culture war, and for their sake, we must move swiftly and firmly to restore balance, integrity, quality, and legitimate, appropriate oversight to their classrooms.
As difficult as the problems facing American K-12 education are, they are far from unsolvable—particularly by determined people full of resolve. This is a multi-pronged problem, so solutions will need to come from multiple angles as well.
Parents and Students
Righteously angry parents are organizing and comparing notes. They're targeting wayward school board members for recalls and running for school board seats themselves. They're scrutinizing lesson plans and submitting Freedom of Information Act requests to find out which sorts of consultants their children's schools are hiring and how much they're being paid. They're showing up at public meetings and finding their voices, hopefully modeling for the next generation both how the democratic process works and how reasoned rhetoric, persuasive oratory, and passionate effort can be used to influence cultural direction and change the conversation.
Families must commit to ongoing participation in the democratic process governing our schools—from paying closer attention to candidates for local office to keeping up with the learning standards and ethical guidelines governing the practice of education where you live. (You can find these at your state's department of education website. You will also find procedures there for reporting recalcitrant or unscrupulous educators engaging in misconduct.)
As the battle for the direction of K-12 education heads to state legislatures, it's essential to know which bills are being proposed in your state and to be alert for and ready to oppose slanted legislation that treads on students' rights to think and learn freely, according to the dictates of their own consciences. You may not be used to paying such close attention to what's going on in your state capital, but these proposals will have far-reaching ramifications and require a great deal of public input and comment to ensure that they truly represent the will of the people and can command the consent of the governed. Now is not a time for complacency or blind trust in elected officials. Get involved!
Parents who remain concerned over the direction of K-12 education will need to develop enough of a working command of the current critical theories being promoted in education schools, and finding their way into American classrooms, in order to be able to properly prepare children and in order to interpret and respond to the philosophical underpinnings of proposed or imposed curricular changes.
This means you may need to supplement your children's lessons and debrief them after school, in order to ensure contextualization and to provide balance, when necessary. Even bad lessons can be good learning opportunities if students can be shown how to spot faulty or incomplete arguments and encouraged to undertake independent research in order to complete their understanding of complicated topics. Remember, too, that in most districts and schools you can request pre-notification of any lessons that delve into the realm of personal values or that might violate some family's religious beliefs, in order that you can request to opt your child out of such content. Parents remain the primary moral educators of their children, and no amount of critical pedagogy in the schools changes that prerogative or imperative.
Frustrated students have begun organizing, too, by forming groups and establishing clubs to interrogate and supplement their own education. They're developing their own reading lists, coordinating speakers, and meeting online to try to fill in the gaps that are being overlooked by their schools. And as today's K-12 students prepare to move into higher education, you can use FIRE's college free speech rankings to help you select higher education institutions wisely.
Teachers and Schools
Because sunlight is the best disinfectant, teachers and schools must engage in total transparency with parents and the community moving forward. There can be no more concealed motives, hidden agendas, or furtive attempts to influence minor children behind their parents' backs. The first step to repairing broken trust is restoring open, honest, and consistent lines of two-way communication.
American teacher education is long overdue for disruptive reform. (Bonnie, for instance, earned her teaching credentials via "Alternate Route" certification, bypassing traditional "ed school" channels altogether; these programs vary by state.) We're going to have to seriously consider bold, creative reforms such as permitting adjunct K-12 teachers, and even creating entirely new school formats altogether. Readily available technology can help pave the way. Hybrid models—a combination of traditional schooling with home or online classes—could provide a more flexible, satisfactory alternative for many families. The current dire problems seem a clarion call to return to the drawing board, scrapping all preexisting assumptions about how schooling is best delivered, received, or administered.
FIRE offers numerous additional resources to enrich traditional classrooms and supplement student understanding of the liberal norms that operate so well when implemented properly. We run an annual essay contest for high school juniors and seniors and have downloadable guides that clearly explain topics such as free speech, religious, and due process rights on campus.
Schools should also consider how they incorporate student feedback into their decision-making. Most school administrators will assert that everything they do is "for the children." And yet, the structure of most schools is rigidly top-down, with each layer carrying out the dictates of the supervisory layer above it. This framework treats students as the products of the educational system rather than active participants in it.
But students are not widgets, and structures that deny their agency are either viewed as nuisances to be endured or constraints to be broken, neither of which encourages a particularly effective learning mindset. Corporations have broken out of the top-down mold by finding alternative structures that encourage, rather than restrain, individual agency. Why has education not caught up?
The hour is late but it is not too late to restore competence, integrity, ethical operations, effective training, and academic quality to K-12 education. The will and the motivation exist to forge a positive path forward. Now, all that is needed is momentum.
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I pledge allegiance to the Flag of the United States of America,
and to the Republic for which it stands,
one Nation under God,
indivisible,
with liberty and justice for all
The people now in change of (most) public schools hate the flag, hate the Republic for which it stands, react to any mention of God as vampires do to a crucifix, are hellbent on dividing us along racial lines (Critical Race Theory anyone?), hate the very concept of liberty, and have a rather perverted idea of justice (they think it's compatible with Marxism / socialism).
You figure God belongs in the Pledge of Allegiance and public school classrooms, Ed Grinberg?
"If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein"
~Robert H. Jackson
Not one mention of vouchers, so that parents can afford to simply escape the government's schools. And yet, this seems to be the most effective solution.
I'd get rid of public schools altogether. (And yes, we can have vouchers for indigent kids.)
It's generally never a good idea for the government to actually be providing anything that doesn't directly involve coercion, because coercion is the only thing government actually brings to the table.
We think people shouldn't be allowed to starve, but we never took this to mean the government should set up a chain of soup kitchens, and tax everybody to pay them to the point where only the wealthy could afford to eat anywhere else. Why would education be different? We need it, but we sure as heck don't need it to be supplied by government.
But getting rid of government education will be a long battle, which will require first rebuilding the atrophied private education infrastructure.
Don't forget extremely difficult stuff like changing state constitutions ( WA, for just one close-to-home example)
Imagine those soup kitchens were setup. What would happen?
- The workers at the soup kitchens aren’t earning prevailing wage. Double the budget.
- Michelle Obama decides that the soup doesn’t meet her standards. Double the budget, increase the paperwork, and start serving soup that only appeals to vegans.
- Someone working there got Covid but didn’t get sick. Double the budget. Implement 20 new procedures. Take up 5 times the space. Make actually going there a miserable experience for everyone.
It’s super expensive now and most of the people they used to serve won’t go any more. Cue news reports on people going hungry. Capitalism to blame, of course. Follow up with soul-searching analysis on why these problems are so impossible to solve.
"We think people shouldn’t be allowed to starve, but we never took this to mean the government should set up a chain of soup kitchens, and tax everybody to pay them to the point where only the wealthy could afford to eat anywhere else."
This is a poor analogy- everyone needs to eat, but not everyone has kids. So the government taxes everyone, including the childless, to provide that education. There is some limited subset of people who might be able to afford private education if they didn't have to pay the state/local taxes that go towards schools, but that subset is relatively small- schooling is expensive, because it is a labor intensive endeavor, and despite various experiments with remote learning, no one has figured out how to significantly increase teacher:student ratios without affecting the education.
The problem is that private schools are now indoctrinating kids in the same manner as public schools and I would bet charter schools are no escape either. There may be exceptions - some Catholic schools for example.
"we need to focus first on fixing the problem rather than assigning blame"
Surely these are not mutually exclusive alternatives.
It is a fact of `human nature that those almost always are mutually exclusive alternatives.
They tend to be mutually exclusive because, if you're going to fix blame, the people you're going to blame fight you, which gets in the way of fixing the problem.
The flip side is that, if you don't assign blame, and the people who should have gotten the blame don't think they actually did anything wrong, the problem tends to reoccur.
This is definitely one of those cases, I'd say.
It is exactly that lack of disincentive that I was thinking of.
Fixing the problem first requires identifying the problem. When you identify the problem as consisting of teachers who "radicalize" and/or "politicize" the problem, it is hard to avoid "assigning blame."
"Families must commit to ongoing participation in the democratic process governing our schools"
To expand on remarks by Brett, this leaves out the option of school choice. Vouchers, tax credits, charter schools.
If your jurisdiction doesn't have school-choice laws, this would be the time to invoke the democratic process and ask for them
The "mainstream public schools," as they lost families to other schools, could say "good riddance" and double down, or they could turn some of their wokest schools into choice schools and try to tone down the offerings at the other schools in an effort to lure parents back.
Running an entire school system by the "democratic process" is a second-best alternative to...what was Somin's phrase?...voting with your feet.
The left/right division continues to deepen. IMO it threatens the whole society.
In schools, it becomes intolerable that a member of the "other side" holds a position of influence or power.
It will be a critical test of democracy to see if the cleave can be healed by peaceable means. Do people really believe in democracy enough to put out the efforts described in this blog post?
Keep shutting down efforts to prevent electoral fraud (such as voter ID laws) and to investigate past electoral fraud, and you'll see how much "faith in democracy" remains...
I wouldn't call it losing faith in democracy, so much as I would doubting that what we have is democracy (or, more correctly speaking, representative government) any longer.
Two party states are not democratic, but the two parties like it that way.
Ed, there's no amount of investigating electoral fraud that would satisfy someone like you. If the investigation finds no fraud, the investigation was also fraudulent, right? If you've lost faith in democracy, it's because you've fallen for lies. Lies designed to get you to lose faith in democracy.
" The left/right division continues to deepen. IMO it threatens the whole society. "
The culture war threatens less than half of our society. I could tell you more but it might make you depressed and disaffected.
I gather this byline has precipitated reconsideration among those who indicated 'sure, this wingnut Snyder is a partisan kook, but FIRE probably is still credible because its legal arm is better than this . . . right?'
A huge obstacle between where we are now and improved education for our children, is that while "Ed schools became more militant and radicalized" the actual POWER exercised by the indoctrinated grads thereof lies in their control of the teachers' unions.
And boy, good luck grabbin' that power tool out of their hands.
That article gives off quite an acrid stench. The VC has no more claim to dignity in legal circles, it is a refuge and mouthpiece for the kakistocracy and falsely aggrieved liars unable to earn an honest living.
Apologies for stating the obvious.
If we can solve the problem of teachers' assholish political ranting, then we’ll only be left with the problem that schools do a poor job of educating at a high cost. And the issue that they’re structurally unreformable due to unions and due to parents in rich neighborhoods supporting their school because it’s comparatively not too bad.