(Authoritarians always go too far before they’ve made sure what they’re doing is legal. It seems that Gov. DeSantis came the closest to figuring that out, and setting himself up, though courts won’t back him. Still, he’s going until they make him stop. Anyway, I hope Oklahomans do hold the entire Board accountable, especially the Superintendent, and make him restore the inappropriate charges for his trips, too.)
OKLAHOMA CITY (KFOR) — Legal experts tell News 4 the events of Wednesday’s Oklahoma State School Board meeting are unprecedented, and should alarm anyone with power to hold State Superintendent Ryan Walters and the Oklahoma State Board of Education accountable.
Those events include Oklahoma State Superintendent Ryan Walters personally attacking multiple public officials by making verifiably false claims about them, and the Oklahoma Attorney General’s Office alleging Walters and the Board may have violated state law.
At Wednesday’s meeting, the Oklahoma State School Board (OSBE) and Supt. Ryan Walters voted to table a decision on whether they would allow State Sen. Mary Boren (D-Norman) and other legislators to sit in on their executive session discussions, despite getting guidance from the Oklahoma Attorney General’s Office advising them they legally had to let the legislators in.
In comments made to reporters following Wednesday’s meeting, Walters seemed to be unaware the Attorney General’s Office had emailed him and all state school board members a letter with guidance on July 18.
Following the meeting, the Oklahoma Attorney General’s office released a statement suggesting Walters and the board may have willfully violated Oklahoma’s Open Meeting Act.
After the meeting, Walters also falsely claimed to reporters that Sen. Boren wants to “make it where we can’t remove pedophiles from classrooms.”
He also called Bixby Public Schools superintendent Rob Miller a “clown” when asked about claims Miller had made on social media.
Boren says she showed up to Wednesday’s meeting with one focus: to sit in on the second of two scheduled executive session discussions OSBE had on its agenda for the meeting.
The agenda indicated the board planned to use the first executive session to hold “confidential communications with board counsel concerning a request by Senator Mary Boren to observe all executive sessions of the Board on July 31, 2024.”
It said, in the second executive session, the board would “discuss possible action” on four separate issues involving the possible revocation of certain teachers’ teaching certificates.
The second executive session is what Boren said she wanted to observe.
According to the agenda, the board would first take a vote to enter the first executive session. After the board completed that session they were to vote to return to open session, and then discuss and take “possible action regarding the matters discussed” in the first session.
Boren expected, after the first session, the board would vote as to whether or not they would allow her to observe the second executive session.
Florida Governor Ron DeSantis addresses the crowd before publicly signing “Stop W.O.K.E” bill in Hialeah Gardens, Florida, on April 22, 2022. (Daniel A. Varela/Miami Herald via AP)
Florida Gov. Ron DeSantis often says the Sunshine State is the place where “woke goes to die.” But a federal judge on Friday killed part of the Stop W.O.K.E. Act championed as standing up against “indoctrination.”
Judge Mark Walker of the U.S. District Court for the Northern District of Florida issued a permanent injunction, saying the law that bans diversity training in private workplaces “violates free speech rights under the First and Fourteenth Amendments to the U.S. Constitution.” The ruling follows a three-judge appeals court panel’s March decision that upheld Walker’s original injunction. The State of Florida did not oppose the motion to make the ruling permanent.
Florida honeymoon registry company Honeyfund.com and Primo Tampa, a subsidiary of a Ben & Jerry’s ice cream franchisee, were among those who filed the lawsuit after the Legislature passed the law in 2022. Shalini Goel Agarwal counsel for Protect Democracy which filed the lawsuit on their behalf said the ruling is “a powerful reminder that the First Amendment cannot be warped to serve the interests of elected officials.”
“Censoring business owners from speaking in favor of ideas that politicians don’t like is a moved ripped straight from the authoritarian playbook,” she said in a statement.
“We have every right as a state to provide protections for employees and businesses to say if they are doing woke training which is basically discriminating against folks on the basis of race, you have a right to opt out,” he said. “It’s not a question of what the company can say. They can say whatever they want. But you have a right to not self flagellate. You have a right to not sit there and listen to that nonsense.”
Sara Margulis, CEO of Honeyfund.com, hailed the appeals court decision from March.
“We moved Honeyfund to Florida in 2017 because it was known as a business-friendly state,” she said in a statement. “Passing laws that seek to squash free speech like HB7 is not only a violation of The First Amendment but is also a losing strategy because businesses serve people of all backgrounds, walks of life, and political views. Therefore the law would have effectively hampered the ability of Florida businesses to grow and serve their market. I don’t think that’s what Florida really wants. It’s clearly not in line with American values. I couldn’t be happier that we stood up for free speech and business in the state of Florida.”
The legislation — HB 7, formally called the “Stop Wrongs to Our Kids and Employees Act” — is also aimed at blocking school teachers and college professors from offering their opinions on what DeSantis described as “pernicious ideologies” that could potentially make students, because of their race, feel personally responsible for past racism, sexism, or other discrimination in the U.S. That part of the law also has an injunction and is awaiting a ruling from a higher court.
Critics have said it’s an attempt to stop meaningful discussion of the ongoing effects of longstanding systemic discrimination and topics including critical race theory and privilege. A slew of lawsuits were filed against the legislation including by professors, students and the ACLU. Courts have repeatedly blocked portions of the law.
According to the bill’s text, “[i]t shall constitute discrimination on the basis of race, color, national origin, or sex under this section to subject any student or employee to training or instruction that espouses, promotes, advances, inculcates, or compels such student or employee to believe” the following:
1. Members of one race, color, national origin, or sex are morally superior to members of another race, color, national origin, or sex.
2. A person, by virtue of his or her race, color, national origin, or sex is inherently racist, sexist, or oppressive, whether consciously or unconsciously.
3. A person’s moral character or status as either privileged or oppressed is necessarily determined by his or her race, color, national origin, or sex.
4. Members of one race, color, national origin, or sex cannot and should not attempt to treat others without respect to race, color, national origin, or sex.
5. A person, by virtue of his or her race, color, national origin, or sex bears responsibility for, or should be discriminated against or receive adverse treatment because of, actions committed in the past by other members of the same race, color, national origin, or sex.
6. A person, by virtue of his or her race, color, national origin, or sex should be discriminated against or receive adverse treatment to achieve diversity, equity, or inclusion.
7. A person, by virtue of his or her race, color, sex, or national origin, bears personal responsibility for and must feel guilt, anguish, or other forms of psychological distress because of actions, in which the person played no part, committed in the past by other members of the same race, color, national origin, or sex.
8. Such virtues as merit, excellence, hard work, fairness, neutrality, objectivity, and racial colorblindness are racist or sexist, or were created by members of a particular race, color, national origin, or sex to oppress members of another race, color, national origin, or sex.
Matt Naham and Marisa Sarnoff contributed to this report.
Rising temperatures mean dehydrated, exhausted kids, and teachers who have to focus on heat safety instead of instruction.
Originally published by The 19th (Republished with their republish link)
Angela Girol has been teaching fourth grade in Pittsburgh for over two decades. Over the years she’s noticed a change at her school: It’s getting hotter.
Some days temperatures reach 90 degrees Fahrenheit in her classroom which, like many on the East Coast, isn’t air-conditioned. When it’s hot, she said, kids don’t eat, or drink enough water. “They end up in the nurse’s office because they’re dizzy, they have a headache, their stomach hurts — all because of heat and dehydration,” she said.
To cope with the heat, her students are now allowed to keep water on their desks, but that presents its own challenges. “They’re constantly filling up water bottles, so I have to give them breaks during the day for that. And then everyone has to go to the bathroom all the time,” she said. “I’m losing instruction time.”
The effect extreme heat is having on schools and child care is starting to get the attention of policymakers and researchers. Last week, the Center for American Progress, a left-leaning think tank, published a report on the issue. In April, so did the Federation of American Scientists, a nonprofit policy organization.
“The average school building in the U.S. was built nearly 50 years ago,” said policy analyst Allie Schneider, co-author of the Center for American Progress report. “Schools and child care centers were built in areas that maybe 30 or 15 years ago didn’t require access to air-conditioning, or at least for a good portion of the year. Now we’re seeing that becoming a more pressing concern.” Students are also on campus during the hottest parts of the day. “It’s something that is really important not just to their physical health, but their learning outcomes,” she said.
Last April, the U.S. Environmental Protection Agency released its own report detailing some of the effects heat has on kids. It notes that children have a harder time thermo-regulating and take longer to produce sweat, making them more vulnerable than adults to heat exhaustion and heat illness.
Kids don’t necessarily listen to their body’s cues about heat, and might need an adult to remind them to drink water or not play outside. Kevin Toolan, a sixth-grade teacher in Long Island, New York, said having to constantly monitor heat safety distracts him from being able to teach. “The mindset is shifting to safety rather than instruction,” he said. “Those children don’t know how to handle it.”
To keep the classroom cool, he’ll turn the lights off, but kids fall asleep. “They are lethargic,” he said.
To protect kids, schools have canceled classes because temperatures have gotten too high. Warmer temperatures also lead to more kids being absent from school, especially low-income students. And heat makes it harder to learn. One study from 2020 tracked the scores of students from schools without air-conditioning who took the PSAT exam at least twice. It found that increases in the average outdoor temperature corresponded with students making smaller gains on their retakes.
Both Toolan and Girol said that cooling options like keeping doors and windows open to promote cross ventilation are gone, thanks to the clampdowns in school security after 9/11 — and worsened by the threat of school shootings. Students and teachers are trapped in their overheating classrooms. “Teachers report leaving with migraines or signs of heat exhaustion,” said Toolan. “At 100 degrees, it is very uncomfortable. Your clothes are stuck to you.”
The Center for American Progress report joins a call by other advocacy groups to create federal guidance that schools and child care centers could adopt “to ensure that children are not forced to learn, play and exercise in dangerously hot conditions,” Schneider said. Some states already have standards in place, but they vary. In California, child care facilities are required to keep temperatures between 68 and 85 degrees. In Maryland, the recommendation is between 74 and 82 degrees. A few states, like Florida, require schools to reduce outdoor activity on high-heat days. Schneider says federal guidance would help all school districts use the latest scientific evidence to set protective standards.
In June, 23 health and education advocacy organizations signed a letter making a similar request of the Department of Education, asking for better guidance and coordination to protect kids. Some of their recommendations included publishing a plan that schools could adopt for dealing with high temperatures; encouraging states to direct more resources to providing air-conditioning in schools; and providing school districts with information on heat hazards.
“We know that school infrastructure is being overwhelmed by extreme heat, and that without a better system to advise schools on the types of practices they should be implementing, it’s going to be a little bit of the Wild West of actions being taken,” said Grace Wickerson, health equity policy manager at the Federation of American Scientists.
A longer term solution is upgrading school infrastructure but the need for air conditioning is overwhelming. According to the Center for American Progress report, 36,000 schools nationwide don’t have adequate HVAC systems. By 2025, it estimates that installing or upgrading HVAC or other cooling systems will cost around $4.4 billion.
Some state or local governments are trying to address the heat issue. In June, the New York State Legislature passed a bill now awaiting the governor’s signature that would require school staff to take measures like closing blinds or turning off lights when temperatures reach 82 degrees inside a classroom. At 88 degrees, classes would be canceled. A bill introduced last year and currently before California’s state assembly would require schools to create extreme heat action plans that could include mandating hydration and rest breaks or moving recess to cooler parts of the day.
Some teachers have been galvanized to take action, too. As president of the Patchogue-Medford Congress of Teachers, Toolan was part of an effort to secure $80 million for infrastructure upgrades through a bond vote. Over half will go to HVAC systems for some 500 schools in his district.
And Girol is running for a state representative seat in Pennsylvania, where a main plank in her platform is to fully fund public schools in order to pay for things like air-conditioning. She was recently endorsed by the Climate Cabinet, a federal political action committee. “Part of the reason climate is so important to me is because of this issue,” she said. “I see how it’s negatively affecting my students.”
Idaho’s recently enacted bill encourages parents and children to bring legal action against schools and libraries that refuse to move certain material into “adult only” sections.
Books are displayed at the Banned Book Library at American Stage in St. Petersburg, Fla., on Feb. 18, 2023. (Jefferee Woo/Tampa Bay Times via AP)
A recently enacted law requiring Idaho schools and libraries to remove materials that are “harmful” to minors infringes on the First Amendment rights of private entities, a group of private schools, privately-funded libraries, parents and schoolchildren say in a Thursday lawsuit.
House Bill 710 — which took effect July 1 after Governor Brad Little signed it into law in April — allows citizens and the government to file a lawsuit against any school or library that doesn’t move certain material into designated “adult only” sections within 60 days of a complaint.
“H.B. 710 is the product of a social climate in Idaho (and elsewhere) in which schools and libraries have been inaccurately and unfairly castigated and villainized for using and making available constitutionally protected materials with content that the state and some Idahoans disapprove of,” the plaintiffs say in the 57-page complaint.
The suit was brought by private schools Sun Valley Community School and Foothills School of Arts and Sciences, along with the Community Library Association, a privately funded public library, and Collister United Methodist Church, which operates a lending library.
The groups are also joined by a set of parents and two high school-age students, who say that they want access to these reportedly “harmful” books and other materials to further their education.
The plaintiffs say the law violates their First Amendment free speech rights and their Fourteenth Amendment rights to due process. They ask the court to block enforcement of the law and to declare HB 710 unconstitutional.
“The act’s vague and overbroad definition of ‘harmful to minors’ conflicts with decades of settled constitutional law and extends well beyond the state’s limited authority to restrict the materials that private parties, like the private entity plaintiffs, may provide to minors,” they write.
Under the act’s definitions, the plaintiffs say, materials like health and sex education textbooks, literary works like Maya Angelou’s “I Know Why the Caged Bird Sings” and artworks like Michelangelo’s David would all be subject to removal, possibly based on arbitrary and subjective reasons.
“Even the Bible, if a defendant or citizen complainant subjectively believes members of their community would find them offensive,” could be targeted, the plaintiffs note.
The plaintiffs also take specific aim with a clause of the act that restricts materials that depict or represent “sexual conduct” — a definition that includes “any act of … homosexuality.”
Beyond the “vague and overbroad” definition of what constitutes “harmful for minors,” the plaintiffs also take issue with what they called the “incoherent” enforcement provisions outlined in HB 710. The act “fails to provide constitutionally meaningful guardrails on enforcement,” plaintiffs say.
“If a private entity plaintiff disagrees with the content-based assessment of the parent or minor and declines to segregate the challenged material, the parent or minor is authorized to file a civil suit against the private entity plaintiff and incentivized to do so by a cash reward and the availability of ‘actual damages,’” the plaintiffs write, referring to a provision in HB 710 that allows for a possible recovery of $250 and statutory and actual damages, if the complainant prevails in the case.
The government itself is also permitted under HB 710 to seek an injunction against any of the plaintiffs, who say this could lead to financial and reputational harm.
The plaintiffs name Idaho Attorney General Raúl Labrador as a defendant, alongside Jan Bennetts, prosecuting attorney for Ada County, and Matt Fredrick, prosecuting attorney for Blaine County.
HB 710 is not the first attempt Idaho legislators have made to restrict library access in the state. A version of the measure made it through the 2023 session but was rejected by Little.
In a letter after he signed HB 710, the governor commended the 2024 bill for having tighter definitions for restricted material and for lowering the recovery from $2,500.
“I share the co-sponsors’ desire to keep truly inappropriate materials out of the hands of minors,” Little wrote in April.
Libraries initially pushed back on the bill, citing free speech concerns and the financial burden it could levy, particularly on smaller libraries, but legislators stood by the measure.
“I can assure you that there is no book banning and there’s no book burning and there’s no book removal anywhere in this legislation. What we have to look at when you look at these libraries is that you have differing viewpoints and different opinions from taxpayers,” Representative Jaron Crane, a Nampa Republican and bill co-sponsor, said in committee, the Idaho Capital Sun reported in March.
