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Snake Oil

Partying for School Choice on Milton Friedman’s 101st Birthday

David Dewhurst's gift to school choice fans on Friedman's birthday: He'll skip the two-thirds rule to pass a voucher bill in 2015.
Lt. Gov. David Dewhurst.
Patrick Michels
Lt. Gov. David Dewhurst speaks at Americans for Prosperity-Texas' school choice event at the Acton School of Business in Austin Wednesday.

If you’re anything like me, you woke up this morning with a little extra spring in your step. The birds seemed to sing a little sweeter, the coffee brewed a little stronger. Because July 31 is a great day for America—today would’ve been free-market hero Milton Friedman’s 101st birthday. How did you celebrate? Maybe you treated yourself to a haircut, or splurged on a spa treatment and soaked up the cucumber and freedom.

Or maybe, like me, you celebrated with Sen. Donna Campbell and the Texas Public Policy Foundation, for a school choice jam session in the Capitol Grill. Maybe you followed that up with Americans for Prosperity’s school choice ice cream social this afternoon.

And maybe now you’re a little jealous.

Those are just a few of the ways school choice fans—folks who want to see way more publicly funded, privately run alternatives to the traditional public school system—celebrated Friedman Fest 2013.

It’s funny timing for Texas school choice fans to celebrate, so soon after Senate Republican leaders’ promises for “taxpayer savings grants” fell so completely flat in the House. Sen. Dan Patrick’s Senate Bill 2 will expand the state’s charter school program, but it’s a far more modest change than what Patrick had hoped for.

Back in the days of James Leininger’s San Antonio voucher program, education free-marketeers really had something to rally around. In 2013, even with such a strong Republican majority in the Legislature, 103 House members signed on to an amendment prohibiting public spending (or tax credits) on private schools. So how do you celebrate the eternal word of Milton Friedman in a time like this?

By repeating the arguments Friedman made 50 years ago, for starters, and decking them out in red, white and blue. As Donna Campbell reminded the room at the TPPF event: “Folks, we’re in Texas. We’re in America. Choice. Shouldn’t parents have the freedom to choose the best school for their child?”

Sen. Donna Campbell
Patrick Michels
Sen. Donna Campbell (R-New Braunfels) speaks at the Texas Public Policy Foundation’s school choice event on Milton Friedman’s birthday.

Over the lunch hour today, Campbell re-explained her taxpayer savings grant bill to a crowd that was already on board. Tom Currah, a senior adviser in the comptroller’s office, explained how the state calculated how much voucher bills cost or save the state.

Lindsay Gustafson, with the Texas Classroom Teachers Association until recently, reprised her role as foil for TPPF’s school choice crowd—”My boss calls me the piñata at these things”—wondering how private schools would be accountable for how they spend public money. The school choice argument is rooted in the fear that our school system today is failing, and Gustafson said there are plenty of measures, like scores on the NAEP test, to show today’s schools are doing pretty well.

Peggy Venable, the Texas director for Americans for Prosperity, couldn’t let that one go: “One of the tragedies of our system,” she said, “is that we can sit here and say that our public schools are overall doing very well.” Venable reminded the room of the kids trapped in failing public schools, the reason vouchers are “the civil rights issue of our generation.”

Venable was the only one who mentioned Friedman’s legacy, calling him an “amazing, amazing man,” and fondly recalling his visit to a TPPF event years ago. At her group’s ice cream social a few hours later, Uncle Miltie’s presence was strong.

AFP’s event was at the Acton School of Business—the school founded by Jeff Sandefer, Rick Perry’s higher education visionary—across the river from downtown Austin. A smaller crowd, including a lot of the same folks, milled around the bright, professional-looking entry room.

I asked Venable what makes celebrating Friedman’s 101st birthday different from his 100th, where she sees progress in the school choice cause when the House seems so set against vouchers. She said technology and distance learning are the new variables that will force a major shift in the public education system

“I’m fairly confident that education won’t look like it did years ago,” she said. “When markets are allowed to work, we can’t really know where they might take us.”

Republican Rep. Tony Dale got the crowd’s attention to share his memories of that House vote against vouchers—and how shocked he was that just 43 Republicans voted for school choice. “Obviously, we’ve got more work to do.”

The guest of honor walked in as Dale was winding down, and Venable introduced Lt. Gov. David Dewhurst, “who’s really been fighting for freedom issues for a long time.”

“I don’t know why, but there’s this blind, blind stubborn resistance to school choice,” Dewhurst told the crowd. He recalled donating to the private voucher program in Edgewood ISD, how the schoolchildren in San Antonio would run up and grab his leg.

And he made a promise for the 2015 session, if he’s back in the Senate to enjoy it, suggesting he’d bend the Senate rules the same way he did this year to ensure abortion restrictions passed: “I’m determined to make school choice a reality. And to do that, we may have to adjust the two-thirds rule in the Senate.”

Thomas Ratliff
State Board of Education member Thomas Ratliff

As the Great CSCOPE Controversy of 2013 continues on its baffling way, State Board of Education member Thomas Ratliff has emerged as the embattled program’s most outspoken defender at the state level—one of the very few elected officials willing to wade into tea party waters and pick a fight.

Democrats have mostly stayed out of the controversy over the state-produced curriculum tool and its supposedly un-American, anti-Christian classroom lessons. As Rep. Dawnna Dukes put it on the House floor in May, “CSCOPE is not a concept that Democrats even know about.” So rural superintendents looking for a little cover from Austin have found support from Ratliff, a Republican from Mount Pleasant.

“I think Democrats are probably enjoying this,” he says, “because this is yet another example of the Republican Party eating its own young—and people like Dan Patrick are only accelerating the state’s conversion from red to purple.”

(New Democratic SBOE member Marisa Perez has been one entertaining exception, complaining about Patrick’s grandstanding back in May and, more recently, suggesting he’s trying to claim the title of “Academic Tool Czar online.”)

After declaring the end of the CSCOPE era earlier this year, Patrick has cranked the volume back up lately, after news that CSCOPE lessons are in the public domain, and would be free for any teacher. Now he and Lt. Gov. David Dewhurst want to somehow police Texas classrooms to ensure no kids are learning any CSCOPE lessons.

Ratliff’s home turf—Mount Pleasant and nearby East Texas districts—happen to be where CSCOPE was born in the early ’90s. He was an early defender of the program, calling out its critics late least year for scaremongering about CSCOPE as an indoctrination plot.

Since then, he’s only gotten in deeper. After Patrick issued an open challenge to debate CSCOPE with any of its defenders, Ratliff emailed reporters last Friday to announce he had accepted Patrick’s challenge. Ratliff said Monday that so far, he hasn’t heard back—but he’ll keep reminding the lite guv candidate that his offer is on the table.

“The only reason why it’s still alive today is because Dan Patrick told everybody, ‘I killed CSCOPE’ when he didn’t. And now the tea party’s mad at him, and he’s got to take it up to the next level … to prove to the tea party that he’s not all hat and no cattle.”

Ratliff, meanwhile, came onto the SBOE with a mandate to represent the reality-based community’s interests in the culture wars, ousting Don McLeroy in 2010 and fending off a challenge last year from social conservative Randy Stevenson.

Since his first days on the board he’s been a tea party target. Conservative blogger Donna Garner has kept up a steady drumbeat writing that Ratliff isn’t eligible to serve on the SBOE, because he’s also a lobbyist. CSCOPE critics have taken up the Ratliff impeachment cause, despite the fact that Attorney General Greg Abbott clarified the law’s limits on lobbyists on the SBOE two years ago and the the state’s Public Integrity Unit has cleared him to serve.

Ratliff says he helped the SBOE’s then-chairwoman Gail Lowe draft the request for Abbott’s opinion, and went to the Public Integrity Unit on his own, hoping to put the question to rest. Of course, it hasn’t been that simple.

“This is the only thing they’ve got, so they just play that card over and over,” he says. “The tea party has opposed me from day one … and I can’t make ‘em any madder than they were three years ago or four years ago.”

Ratliff says there’s a simple, related reason he called out Dan Patrick:

“Throughout my life, I have never tolerated bullies. And if you’ve seen my physical structure, you know that’s been a dangerous place for me to be, because I’ve got a pretty big mouth, but I don’t have a very big body to defend my mouth when I open it. … This issue to me really isn’t about CSCOPE. It’s about standing up to a bully that wants to micromanage our schools from Austin at the same time as he rails against government overreach.”

“If you polled public education parents and asked them what CSCOPE is, or asked them if they thought their kids were being taught to hate America or convert to Islam, they’d laugh in your face.”

Lt. Gov. David Dewhurst
Patrick Michels
Lt. Gov. David Dewhurst has vowed action against CSCOPE: “We’re gonna step all over their face on this.”

Near the end of the regular session, Sen. Dan Patrick, chair of the Senate Education Committee, headlined a “Mission Accomplished” press conference. He stood with other conservative Republicans to proclaim the end of the vile “CSCOPE era” in Texas, freeing us all from that long Texan nightmare of the last 20 years.

The state’s regional education service centers, which sell the curriculum management program to almost 900 of Texas’ thousand-plus school districts, agreed to discontinue the classroom lessons, placating tea party groups who believed that CSCOPE muddied children’s minds with critical thinking exercises about U.S. history, religion and gender. (One lesson did untold damage by placing “communism” at the top of a list of economic models, rather than at the bottom.) Our future, once again, was safe.

But that victory suddenly turned very hollow last week, when Texas Education Agency general counsel David Anderson told the State Board of Education that CSCOPE’s lessons were in the public domain now—accessible to anyone at all, for free.

The latest chapter in this controversy comes just in time for the lieutenant governor’s race, a fine chance to out-charm the right-wing fringe. Lt. Gov. David Dewhurst vented his outrage over CSCOPE (and how the Internet works) on conservative activist Alice Linahan’s web radio show on Monday.

“It’s still sitting on the Internet, and it’s available for any and all of our school districts to uplift it and use it,” Dewhurst said, later adding, “I thought it was dead. And all of us thought it is dead. But it is sitting there, on the Internet.”

But Dewhurst told listeners that he’s tough—tough enough to handle these lesson plans, that’s for sure!

“You’re talking to someone who was in the United States Air Force as an officer at the end of the Vietnam War. You’re talking to somebody that was in the CIA and posted abroad. I didn’t think twice about standing up to this mob two times and stand them down. … If this curriculum is going to be employed and it teaches values that are contrary to what we believe, I’m going to step all over their face on this. We’re gonna stop this.”

One thing that makes CSCOPE such a great punching bag is that it’s hard to explain who or what it is. But now that Dewhurst has raised the stakes like this, it’s fair to wonder: Just whose face will he step on? The administrators who built and ran a program the vast majority of school districts still want to use? The retired teachers who wrote those lesson plans years ago? Or maybe the teachers who will continue using CSCOPE lesson plans in their classrooms next year?

News that CSCOPE’s lessons are fair game in the classroom is good news for teachers in Texas who’d been headed into a new school year without a key resource. One of the most daunting things about being a new teacher is the prospect of filling up all that class time, and wondering if you’re filling it right. Textbooks help, but they’re not a full curriculum. The state standards, the TEKS, help too—but they’re a list of what kids should learn, not how you should teach it. Over time, good teachers develop their own lessons and projects, and big school districts have resources to help their teachers, like lesson plans and schedules to make sure they cover the standards.

But without CSCOPE—or a more expensive alternative made by, say, Pearson—teachers in smaller school districts don’t have that. As Dewhurst keenly observed, once something’s been released to the Internet it’s tough to get it back. But Patrick, who hopes to oust Dewhurst in next year’s primary, is committed to the CSCOPE purity cause.

“I urge parents to monitor closely the decision of their districts who attempt to use any public domain material whether it is CSCOPE or another program,” he wrote on Facebook last week. On Wednesday, Patrick filed a bill prohibiting districts from using old CSCOPE lessons. He’s asked Gov. Rick Perry to add CSCOPE to the special session that ends next week.

Trying to police individual classroom lessons from the Capitol is not only creepy, but really impractical. What happens when a teacher uses a CSCOPE handout with a few names changed? What if a lesson they’ve been using a lesson for years happens to be like one in the CSCOPE package? There are so many classrooms in Texas and inside each one, hundreds of lessons. Who could possibly do that policing?

You probably know the answer to that one. Last weekend Donna Garner, an educator and a conservative writer, asked her readers to spread the word: “Any teacher who chooses to teach CSCOPE lessons after August 1, 2013 should expect to be opposed publicly at local school board meetings by assertive activists who do not want their school children indoctrinated by CSCOPE.”

Greg Abbott greets his family onstage Sunday
Patrick Michels
Attorney General Greg Abbott is greeted onstage by his wife Cecilia and his daughter Audrey after he announces he's running for governor Sunday in San Antonio.

By the time Greg Abbott came onto the stage in San Antonio Sunday afternoon, his most enthusiastic supporters in the front rows had been waiting in the sun for nearly three hours.

“I know it’s hot,” he told them, “but not nearly as hot as this campaign’s about to get.” The crowd of a few hundred went wild.

Filling a plaza in La Villita Arts Village a few blocks from downtown, they had their Greg Abbott paper fans to keep them cool—tea-party yellow with the slogan “Fast Cars, Firearms & Freedom-It’s a Texas Thing”—and all the “Abbott for Governor” campaign stickers they could ever want.

“Been waiting on this a while?” I asked an enthusiastic red-coated woman in the front row.

“Twenty years,” she answered right away—she knew Abbott back when he was a state district judge in Harris County.

Attorney General Greg Abbott
Patrick Michels
Attorney General Greg Abbott soaks up the applause after announcing he’s running for governor.

Most of the state is probably more familiar with him simply as a gleeful foil to the Obama administration, so Abbott spent most of his first official campaign appearance—on a multi-city tour that continues today in Houston—on a more personal than political note. He asked the people of Texas to elect him governor, but he sounded like he hoped to be their new best friend.

His 16-year-old daughter Audrey introduced him onstage. He told the crowd about his proposal to his wife Cecilia, and waxed poetic about the marriage he described as the combination of two different houses—one Anglo, one part-Irish and Hispanic—built on the same principles. “Dos casas pero una fundación,” he said. “The story of my family is as old as the story of Texas itself, the uniting of cultures to form one unique people.” He told of a childhood split among Texas cities and full of properly Texan youthful endeavors like Little League, Boy Scouts and guns.

By the time he got to the story of the falling oak tree that left him paralyzed—”on a steamy summer day almost identical to this,” 29 years, to the day, before his campaign launch—the crowd had already heard it twice, once from Abbott himself in a campaign ad played on a giant video board.

“Texans may get knocked down, but we always get back up,” he said, repeating a slogan he has used before to universalize his story of overcoming adversity. The crowd ate it up, along with another line building his image as a political fighter and showing that he’ll joke about his disability: “Too often, you hear politicians get up and talk about having a spine of steel,” he said. “I actually have one, and I will use my steel spine to fight for you and Texas families every single day.”

Cheering Abbott supporters
Patrick Michels
Abbott supporters cheer on the attorney general as he begins his campaign for governor.

Abbott didn’t offer much more substance than that as to what his Texas would look like. He correctly surmised that “water supplies are too low,” many roads need fixing and “our schools can do better.” Of course, he’d already noted that the sun is hot.

He suggested his time as governor would generally be spent like his time as attorney general, screwing with the federal government and talking about guns—and that’s all this crowd needed to hear. Each mention of suing the Obama administration got a cheer almost as loud as the time someone mentioned Ted Cruz.

He closed by proclaiming his devotion to “the ideals and values of the greatest people to inhabit this earth, the people of Texas.” As the crowd cheered, before his friends and family joined him onstage, he finished revving up the crowd with a perfect couple of words for the occasion: “Texas! Texas!”

Abbott fans wave hand-made signs of almost uniform quality and style.
Patrick Michels
Abbott fans wave hand-made signs of almost uniform quality and style.
Stand for Life rally at the Texas Capitol
Patrick Michels
Stand for Life rally at the Texas Capitol in support of new abortion restrictions Monday night.

While a Senate committee heard testimony on a bill placing major new limits on abortion in Texas, the bill’s blue-shirted supporters gathered last night on the Capitol’s south steps.

The “Stand For Life” rally was meant as a show of strength for Senate Bill 1’s backers who are, after all, the ones with the Legislature stacked in their favor. They’ve got the power, but it’s the bill’s opponents who’ve camped out, rallied and wielded the power of the almighty Internet to their advantage over the last few weeks.

“Let’s make this the biggest rally ever!” urged the rally’s promoters, and though they fell a bit short of that unlikely bar, many in the crowd were able to walk away with autographed photos of the famed Arkansas Duggars of 19 Kids and Counting.

Michelle Duggar, a “Young Mother of the Year Award” winner even before all of those 19 kids arrived, struck a typical note for the night when she worried repeatedly about America’s “baby Holocaust” without ever losing her quiet, folksy cool.

On the moral high ground, with victory a mathematical certainty, there is no need to yell too loud or bang the drums too hard (which a large pro-choice crowd did, again, last night in a march that left the Capitol during the Rally for Life). “They think we’re the radicals… No, they’re the radicals!” one woman told the crowd. In the audience, people waved crosses and held giant shock photos of aborted fetuses. “This isn’t a fringe crowd, this is mainstream America,” another woman told them.

Rep. Phil King (R-Weatherford) introduced the night’s big speaker, former Arkansas Gov. Mike Huckabee, as “a man of God” and “a really, really nice man.” Huckabee reminded the crowd of the national significance of passing a 20-week abortion ban, along with other major restrictions. “The eyes of America are on Texas,” he told them.

A patch of orange-clad opponents got glares for shouting down some speakers, and a few of them engaged the anti-choice crowd in debates over whose convictions were the right ones—but most of the rally had a prayerful, satisfied air fitting for a group convinced they’re in the right and certain to win.

Rep. Jodie Laubenberg and Sen. Glenn Hegar
Patrick Michels
Rep. Jodie Laubenberg and Sen. Glenn Hegar, authors of bills that would place major restrictions on abortion access, speak to a supportive crowd.

Anxious for a chance to remind the crowd of that, Texas officials crowded behind the podium waiting turns to speak. Inside the House and Senate chambers, “the health of the woman” is all the justification lawmakers seem to need for these bills. But out here, they cut right to the good stuff: saving babies and defeating those who would do the Dark Lord’s bidding.

“God is the God of life, not death,” Rep. Jodie Laubenberg (R-Parker) said, “and we are on the right side.”

Lt. Gov. David Dewhurst professed his love for those who disagreed with him. One dissenter shouted “fascist!” as he explained that “as Christians, we love you just as much as we love that unborn baby.

Satan was a particularly unpopular character in this crowd, and Attorney General Greg Abbott was one of many who reminded them, seriously, of the “Hail Satan” chant aimed at the bill’s religious supporters during last Tuesday’s House committee hearing.

Robert Jeffress of First Baptist Dallas ran the furthest with it, of course. “Some of them have been here chanting in the Capitol, ‘Hail to Satan, hail to Satan, hail to Satan,” he said tonight. “Anyone who opposes this bill, whether he realizes it or not, is a tool of Satan.”


Abortion foes rally at the Capitol around Senate Bill 1, while pro-choice marchers parade down Congress Avenue on July 8, 2013.
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    The Stand for Life rally at the Capitol on Monday, July 8, 2013. (Patrick Michels)
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    The Stand for Life rally at the Capitol on Monday, July 8, 2013. (Patrick Michels)
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    The Stand for Life rally at the Capitol on Monday, July 8, 2013. (Patrick Michels)
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    Rep. Jodie Laubenberg (R-Parker) and Sen. Glenn Hegar (R-Katy), authors of the special session's omnibus abortion restriction bills, speak to a welcoming crowd. (Patrick Michels)
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    Lt. Gov. David Dewhurst delivered a message of love for the pro-choice crowd: "As Christians, we love you as much as we love that unborn baby." (Patrick Michels)
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    A family of six wore matching "Abortion Is Murder" T-shirts to the Stand for Life rally. (Patrick Michels)
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    A pro-choice march left the Capitol during Monday night's Stand for Life rally. (Patrick Michels)
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    (Patrick Michels)
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    A pro-choice march against Senate Bill 1 and House Bill 2 parades down Congress Avenue Monday night. (Patrick Michels)
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    A pro-choice march against Senate Bill 1 and House Bill 2 parades down Congress Avenue Monday night. (Patrick Michels)
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    The Stand for Life rally at the Capitol on Monday, July 8, 2013. (Patrick Michels)
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    Former Arkansas Gov. Mike Huckabee at the Stand for Life rally. (Patrick Michels)
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    The Stand for Life rally at the Capitol on Monday, July 8, 2013. (Patrick Michels)
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    The Stand for Life rally at the Capitol on Monday, July 8, 2013. (Patrick Michels)
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    Republican House members Matt Schaefer and James Frank share a laugh during the Stand For Life rally. (Patrick Michels)
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    The Stand for Life rally at the Capitol on Monday, July 8, 2013. (Patrick Michels)
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    The Stand for Life rally at the Capitol on Monday, July 8, 2013. (Patrick Michels)
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    The Stand for Life rally at the Capitol on Monday, July 8, 2013. (Patrick Michels)
Coconino Community College's Flagstaff, Arizona, campus
Online students never even have to set foot on Coconino Community College's beautiful Flagstaff, Arizona, campus.

They say attending college increases your earning power. Some ambitious students apparently take that mantra to an extreme.

A 30-year-old Dallas woman named Sussette Sheree Timmons is accused of bilking financial aid programs out of tens of thousands of dollars during a three-year college career at more than a dozen schools. Timmons allegedly became expert in applying for, and receiving, federal grants and loans without ever taking the online classes she enrolled in.

A May federal indictment alleges that Timmons schemed her would-be educators out of almost $20,000 in financial aid for online courses she never took. The indictment outlines a brazen but pretty simple fraud in which Timmons collected federal loans and grants for courses at six online programs in New Mexico, Arizona and Iowa. In each case, she applied for admission and aid, enrolled in a few courses, collected aid money and withdrew from the school soon after.

She didn’t try too hard to conceal her intentions from administrators. “I request the full amount of the unsubsidized + subsidized Stafford loan,” she wrote Ashford University officials in April 2009. “And I want to redraw [sic] from the University after May 25.” When financial aid officers took too long or sent less than she expected, she’d call to get the money flowing again. In a letter to Timmons explaining why they cut off her aid, Coconino Community College officials said they’d learned she dropped out of more than a dozen schools since 2009. Even then, according to the U.S. Attorney’s Office in Dallas, Timmons managed to enroll in online courses at Pima Community College and pocket another $5,600 for her trouble.

Is it really so easy to scam thousands of dollars this way? According to a 2011 federal report, it certainly is. Back then, the U.S. Department of Education’s Office of the Inspector General warned of a “dramatic increase” of financial-aid fraud in online programs. Online-only programs “present unique opportunities for fraud and challenges for oversight,” the inspector general warned, because federal aid programs were designed for traditional classroom programs, while online programs let students enroll, apply for aid and take classes (or not) without ever showing up in person.

A follow-up report from the Education Department inspector general in January 2013 estimated the problem’s scope. For the academic years 2009 to 2012—about the same time Timmons is accused of working her scheme—the report estimated that fraud rings took the system for around $187 million. During that time, the report says, the number of “students” taking part in fraud jumped from fewer than 19,000 to more than 34,000.

The Education Department says it’s going to flag more students with suspicious applications and watch IP addresses and emails for signs of a fraud ringleader. So far, though, most fraud rings are uncovered at the local level by financial aid officers who grow suspicious.


In the weeks since Senate Education chair Dan Patrick proudly announced that “the era of CSCOPE lesson plans has come to an end,” defenders and apologists for the state-backed curriculum management system—and tea party bugaboo—have been on a tear, complaining that this political grandstanding will only make life harder for teachers.

State Board of Education member Thomas Ratliff (R-Mount Pleasant) called it a “21st century book burning,” and the Texas Tribune reported earlier this month that small, rural districts are at a loss for how to replace all these lessons in just a couple months. That story mentioned a coalition of rural districts that might either seek an injunction against the state to keep access to the CSCOPE lessons, or waivers from the state’s accountability system. Small districts, the reasoning goes, can’t be held responsible for their struggles after losing such a major classroom resource with so little notice.

Hutto ISD, a district of almost 5,700 students northeast of Austin, became one of the first to seek a waiver, in a letter sent to Education Commissioner Michael Williams on Thursday. “It is impossible for Hutto ISD to create K-12 core curriculum documents in 2.5 months,” Superintendent Douglas Killian writes. “Replacing this curriculum will far exceed the funds we have available.”

Hutto officials don’t sound madly in love with CSCOPE’s lessons—but they don’t like having to scramble to replace them in such a hurry. “Our teachers are not bound to CSCOPE. They are bound to our curriculum,” assistant superintendent Steve Snell told his school board this week, quoted in the Hutto News. “The problem is when you pull all of them at once, it becomes very difficult to replace those.”

Texas Education Agency spokeswoman Debbie Ratcliffe says three school districts have already filed similar waiver requests: Madisonville CISD, Port Aransas ISD and Rice CISD. Those three are still pending.

Patrick had suggested last month that, without CSCOPE, smaller districts could work together or get help from bigger districts—which was, of course, the whole point when CSCOPE was developed in the ’90s—or buy lessons from an outside company.

In his waiver request for Hutto, Killian lists reasons why Patrick’s first suggestion isn’t workable—like access to another district’s online system, and new training his teachers would need. A growing district like Hutto, quickly turning more suburban than rural, can’t afford a commercial package of lessons either, he writes. “CSCOPE offered a quality curriculum for less than the cost of a teacher. Replacing this curriculum will far exceed the funds we have available.”

One in 10 Kids Locked Up in Texas Report Sexual Abuse

But TJJD says internal numbers don't support results of federal survey.
The Corsicana Residential Treatment Center
Texas Juvenile Justice Department
More than 22 percent of youth in the Corsicana Residential Treatment Center reported sexual victimization in the last year.

More than 11 percent of juveniles locked up in Texas’ state-run facilities reported being sexually victimized in the last year, according to a new report from the U.S. Department of Justice.

That’s higher than the national average of 9.5 reported in the study, but well below what kids reported the last time the DOJ did this survey, in 2008. At that time, of course, Texas wasn’t too far removed from the sex abuse scandal that prompted a major makeover of our juvenile justice system.

The new federal study is the second National Survey of Youth in Custody, part of a larger data collection effort stemming from the 2003 Prison Rape Elimination Act. Nationwide, 2.5 percent of youth reported forced sexual activity with another youth, while 7.7 percent reported any sexual contact with a staff member. The federal report ties the drop in sexual victimization to three things: smaller youth lockups around the country, less time spent locked up and better relationships with staff members.

ProPublica reported on the federal study earlier this month, under the headline “Rape and Other Sexual Violence Prevalent in Juvenile Justice System“—but Texas is a special case. The widespread abuse the Observer reported in 2007 made that clear years ago. Curbing sexual abuse in youth lockups has been at the heart of juvenile justice reforms here over the last few years, including smaller juvenile lockups, internal investigations, new cameras and anonymous complaint lines. After 20 percent of Texas youth reported sexual abuse in the last federal survey, state officials commissioned a report on the problem.

Years into such major reforms, we should be way out ahead of other states—so why, according to this DOJ study, does Texas still have the 14th-highest rate of reported sex abuse?

According to spokesman Jim Hurley, Texas is ahead of other states—you just can’t tell based on a survey like this. “It’s totally anonymous, there’s no way to go back and check up on them,” he says. “It’s really hard when you don’t have the ability to do follow-up to determine the validity of those things.”

Hurley says TJJD got 11,446 complaints from youth last year through its new system, and 131 of them “involved some sort of sexual allegation.” Contrary to the DOJ survey, the minority of those—45 complaints—involved staff members. The agency’s independent Office of Inspector General found evidence of a crime in six cases, Hurley says, of which three were declined by local prosecutors and two resulted in no-bills from a grand jury. Just one of those 131 sexual abuse complaints last year resulted in a conviction, he says. The Observer reported on these issues—why inmates might file false complaints, and why prosecutions are so low—in a 2010 feature as well.

“We don’t want to make light of the DOJ report, but we know that kids overreport this kind of thing. We saw what some of the questions were when they were coming in, and we thought some of the kids might have a hard time understanding the questions.” (The questions, like, “Have you had any other kind of sexual contact with someone at this facility?” are listed here.)

The federal survey also comes just a month after another big report on Texas’ juvenile system found that “youth do not report sexual assault to be a significant problem.”

That one, from Michele Deitch at the University of Texas at Austin’s LBJ School of Public Affairs, was a special report to TJJD’s ombudsman in response to the spike in violence at juvenile facilities last year. That report comes with a handful of recommendations for cutting down on violence—a new behavior management plan, for one, and a new approach to housing mentally ill youth—but doesn’t recommend any changes related to sexual abuse. “Importantly, given the agency’s history, youth report that sexual assault is extremely uncommon,” the report says.

“Our data does not support the numbers that the DOJ has in their report, and I do feel like we’re very thorough in making sure our kids are safe and investigating any allegation,” Hurley says. “If you look around the nation, everybody is fighting the same issues. … It is nice to be on the leading edge.”

Gov. Rick Perry signs House Bill 5
Patrick Michels
Gov. Rick Perry signs House Bill 5 Monday at the Capitol, surrounded by, from left, Sen. Donna Campbell, Sen. Dan Patrick, Rep. Jimmie Don Aycock and Lt. Gov. David Dewhurst.

Lawmakers, test reform advocates and reporters packed the governor’s reception room at the Capitol earlier today, where Gov. Rick Perry was scheduled to “give remarks and sign education bills,” per a press release sent Friday.

His office didn’t announce just which “education bills” he planned to sign, and his announcement came after a week of speculation that Perry planned to veto House Bill 5, the session’s most sweeping measure to scale back high school testing.

The Quorum Report cited “sources generally close to the Governor’s office” on Wednesday raising the possibility of a veto, and a few more reporters cited that report (and “growing chatter in the Capitol“) in their own stories on veto speculation. Dallas Morning News education columnist Bill McKenzie mused on how Perry could veto three test reform measures, including HB 5, without hurting his career.

Some business leaders worried that cutting testing, and giving students new graduation requirements focused on career—not college—readiness, meant offering a weaker education. But a veto would have been profoundly unpopular among parents and students who’ve demanded fewer tests.

The bill’s author, House Public Education Chair Jimmie Don Aycock tweeted Thursday that he’d been invited to the signing, but not told why. But with Aycock summoned along with parents and students who’d spent dozens of hours this session complaining to lawmakers about Texas’ 15 required high school tests, there didn’t seem much suspense. Either Perry was going to sign the bill, or he’d arranged the sort of particularly cruel veto ceremony the rulers in Game of Thrones might appreciate. (Spoiler alert.)

He put the speculation to rest early in his remarks, naming HB 5 among the six bills he’d sign, saying they strike “an appropriate balance between our need for rigorous academic standards and the student’s need for flexibility, a balance between our needs for accountability and the appropriate level of testing in the classroom.”

Perry allowed that he had “deep concerns about how [HB5] would impact our students” at first, but was satisfied with the final version. “By standing our ground and not compromising on the high standards that we set for our students, we’ve made this a much better bill.” That’s as much as Perry hinted that he’d been on the fence, and he emphasized that HB 5 doesn’t weaken standards. “Texas refuses to dilute our standards in any way,” he said, “because our standards are working.”

Seated at a table in the middle of the crowd, Perry made great drama of the big moment. “Brother Aycock, brother Patrick,” he said, summoning the bill’s author and its Senate sponsor, Houston Republican Dan Patrick. “Got a low-number bill right here.” Parents in the back of the room let out hoots and shouts of joy as he signed the bill.

Perry also signed House Bills 809, 842, 2201 and 3662, and Senate Bill 441 today—bills that, generally speaking, create new technical courses and career programs in schools.

Education Commissioner Michael Williams was among a handful of other officials who took a turn at the mic, and he hinted at the monster task now facing the state education agency to implement the new bills. Higher Education Commissioner Raymund Paredes had a similar take, noting universities will need more counselors now, to help students bridge the gap between their new high school course requirements and their major in college.

HB 5 isn’t the last of the test-reform measures left for Perry to sign, and he’s got just six days left to do so. Bills that could give high-scoring students a pass from some tests in elementary school, or exempt a handful of “high performance” school districts, are still in limbo, though if Perry takes no action, those bills become law. When the Texas Tribune‘s Morgan Smith asked the governor about some of those other testing bills today, Perry said only what his office had been saying about HB 5 before today: he’s still thinking on it.

“We will notify you at the appropriate time,” Perry said. “I just don’t have the final solution yet.”

The session’s two biggest school reform bills, one from each chamber, have danced around the House and Senate in the session’s closing days—a stalemate that broke Sunday night as both bills passed each chamber around the same time.

Members of the lower chamber began with their own House Bill 5, which reduces the required high school tests from 15 to 5, creates a new set of graduation plans for high schoolers, and lets the state rate its schools on an “A to F” scale. The final version of the bill is closer to the House’s proposal than the one passed by the Senate.

Its author, House Public Education Chair Jimmie Don Aycock (R-Killeen) urged a quick finish for one of the session’s centerpiece bills, and one that saw hours of debate on the House floor in March. “Let’s just vote it,” he said tonight.

Rep. Mark Strama—who voted against HB 5 when it passed the House—spoke in favor of the bill this time, devoting his final speech on the House floor to the proper role of testing in education policy. (He’s announced he won’t seek reelection.)

“HB 5 is an improvement over current law,” Strama said, but he defended the standardized testing movement of the last 20 years, crediting it with helping African-American and Hispanic students to close the “achievement gap” with Anglo students. “The problem with testing in Texas was the stakes we had attached to those tests,” he said.

Rep. Harold Dutton (D-Houston) said he’d vote for the bill too, despite his concern that that it doesn’t go far enough to help “the kids that are going to be on the bottom, I don’t care which test you give. … If we keep doing what we’ve been doing, we will keep getting what we’ve been getting.”

The House voted unanimously in favor of the bill.

Senate Bill 2, which would let the state approve around 100 new charter school operators in the next six years, had a less certain fate in the House, where charter expansion bills have died in the last two sessions.

In addition to the new charters, SB 2 moves some authority over the charter application process from the State Board of Education to the education commissioner; makes it easier to close low-performing charters; and allows school boards to turn low-performing campuses into charters.

Debate was quick, with the most critical questions from Fort Worth-area Democrats Lon Burnam and Chris Turner.

Burnam grilled Aycock, the bill’s House sponsor, on the exemptions from class size limits and disciplinary program requirements that in-district charter schools would get. Turner noted it would take just one year of low performance before a campus could be turned to an in-district charter.

That bill passed 105 to 41, with no votes from a handful of Republicans along with Democrats. The Senate passed SB 2 without debate, on a 28-3 vote.

The Senate wrapped up the night’s major school bills, taking up HB 5 just after 10 p.m. and approving it unanimously after a speech by Senate Education Chair Dan Patrick (R-Houston). Patrick said he wore his wedding tie tonight, one of the few times he’s ever put it on, because tonight was such a special night.

“It’s a great night for the future of students [and] parents,” he said, before senators voted for the bill and took turns hugging him beside his desk.
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