CPD IN THE NEWS

Miami Herald - September 30, 2014, by Steve Rothaus - A report issued Tuesday shows that LGBT Americans face added financial burdens — and often higher poverty rates — because of antigay national, state and local legislation.

NBC News has covered the story, with a video of Arlene Goldberg, the Fort Myers widow who is suing Florida to recognize her marriage to longtime partner Carol Goldwasser.

Goldberg’s primary income is Social Security. Because Florida doesn’t recognize Goldberg’s marriage, she is unable to qualify as Goldwasser’s widow and collect her Social Security payments, which were $700 more each month than Goldberg’s.

Here’s a news release from the Movement Advancement Project (MAP) and the Center for American Progress (CAP):

Washington, D.C. — A landmark report released today paints a stark picture of the added financial burdens faced by lesbian, gay, bisexual, and transgender (LGBT) Americans because of anti-LGBT laws at the national, state and local levels. According to the report, these laws contribute to significantly higher rates of poverty among LGBT Americans and create unfair financial penalties in the form of higher taxes, reduced wages and Social Security income, increased healthcare costs, and more.

The momentum of recent court rulings overturning marriage bans across the country has created the impression that LGBT Americans are on the cusp of achieving full equality from coast-to-coast. But the new report, Paying an Unfair Price: The Financial Penalty for Being LGBT in America, documents how inequitable laws harm the economic well-being of LGBT people in three key ways: by enabling legal discrimination in jobs, housing, credit and other areas; by failing to recognize LGBT families, both in general and across a range of programs and laws designed to help American families; and by creating barriers to safe and affordable education for LGBT students and the children of LGBT parents.

Paying an Unfair Pricewas co-authored by the Movement Advancement Project (MAP) and the Center for American Progress (CAP), in partnership with Center for Community Change, Center for Popular Democracy, National Association of Social Workers, and the National Education Association. It is available online at www.lgbtmap.org/unfair-price.

“Unfair laws deliver a one-two punch. They both drive poverty within the LGBT community and then hit people when they are down,” said Ineke Mushovic, Executive Director of MAP. “While families with means might be able to withstand the costs of extra taxation or the unfair denial of Social Security benefits, for an already-struggling family these financial penalties can mean the difference between getting by and getting evicted. Anti-LGBT laws do the most harm to the most vulnerable in the LGBT community, including those who are barely making ends meet, families with children, older adults, and people of color.”

The report documents the often-devastating consequences when the law fails LGBT families. For example, children raised by same-sex parents are almost twice as likely to be poor as children raised by married opposite-sex parents. Additionally, 15 percent of transgender workers have incomes of less than $10,000 per year; among the population as a whole, the comparable figure is just four percent. To demonstrate the connection between anti-LGBT laws and the finances of LGBT Americans and their families, the report outlines how LGBT people living in states with low levels of equality are more likely to be poor, both compared to their non-LGBT neighbors, and compared to their LGBT counterparts in state with high levels of equality. For example, the denial of marriage costs gay and lesbian families money; same-sex couples with children had just $689 less in household income than married opposite-sex couples in states with marriage and relationship recognition for same-sex couples, but had an astounding $8,912 less in household income in states lacking such protections.

DISCRIMINATORY LAWS CREATE A DEVASTATING CYCLE OF POVERTY

How do inequitable laws contribute to higher rates of poverty for LGBT people? The report documents how LGBT people in the United States face clear financial penalties because of three primary failures in the law.

1. Lack of protection from discrimination means that LGBT people can be fired, denied housing and credit, and refused medically-necessary healthcare simply because they are LGBT. The financial penalty: LGBT people can struggle to find work, make less on the job, and have higher housing and medical costs than their non-LGBT peers.

2. Refusal to recognize LGBT families means that LGBT families are denied many of thesame benefits afforded to non-LGBT families when it comes to health insurance, taxes, vital safety-net programs, and retirement planning. The financial penalty: LGBT families pay more for health insurance, taxes, and legal assistance, and may be unable to access essential protections for their families in times of crisis.

3. Failure to adequately protect LGBT students means that LGBT people and their families often face a hostile, unsafe, and unwelcoming environment in local schools, as well as discrimination in accessing financial aid and other support. The financial penalty: LGBT youth are more likely to perform poorly in school and to face challenges pursuing postsecondary educational opportunities, as can youth with LGBT parents. This, in turn, can reduce their earnings over time, as well as their chances of having successful jobs and careers.

“Imagine losing your job or your home simply because of who you are or whom you love. Imagine having to choose between paying the rent and finding legal help so you can establish parenting rights for the child you have been raising from birth,” said Laura E. Durso, Director LGBT Progress at the Center for American Progress at CAP. “These are just a couple of the added costs that are harming the economic security of LGBT people across the country. It is unfair and un-American that LGBT people are penalized because of who they are, and it has real and profound effects on their ability to stay out of poverty and provide for their families.”

Paying an Unfair Price offers broad recommendations for helping strengthen economic security for LGBT Americans. Recommendations include: instituting basic nondiscrimination protections at the federal and state level; allowing same-sex couples to marry in all states; allowing LGBT parents to form legal ties with the children they are raising; andprotecting students from discrimination and harassment on the basis of sexual orientation and gender identity.

“At a time when so many American families are struggling to make ends meet, the report's findings point to an even bleaker reality for those who are both LGBT and people of color," said Connie Razza, Director of Strategic Research at the Center for Popular Democracy. "Unchecked employment discrimination and laws that needlessly increase the costs of healthcare, housing and childcare are doing profound harm to our economic strength as a nation. This report offers real-life policy solutions that, if implemented, would protect some of our most vulnerable individuals and families."

“Reducing the unfair financial penalties that LGBT people face in this country because they are LGBT is not that complicated. It is a simple matter of treating LGBT Americans equally under the law. For example, extending the freedom to marry, including LGBT students in safe schools laws, and ending the exclusion of LGBT people from laws meant to protect families when a parent dies or becomes disabled,” said Deepak Bhargava, executive director of the Center for Community Change.

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Georgia voters are being asked to approve a new and controversial way to improve public education. The proposal would empower the state to take over chronically failing schools or convert them to charters or even close them.

It’s called Amendment 1 on the Nov. 8 ballot, and it’s called the Opportunity School District in the legislation that authorized it. The Georgia General Assembly passed Senate Bill 133 during this year’s session with the required two-thirds majority in both chambers. The referendum now needs a simple majority from voters to become law.

Then it asks voters this question:

“Shall the Constitution of Georgia be amended to allow the state to intervene in chronically failing public schools in order to improve student performance?”

Gov. Nathan Deal’s OSD proposal, based on similar initiatives in Louisiana and Tennessee, would allow Georgia’s governor to appoint an OSD superintendent, separate from the Georgia Department of Education superintendent, who is elected by voters. The OSD superintendent could take over as many as 20 eligible schools each year and control no more than 100 such schools at any time. The OSD superintendent could waive Georgia Board of Education rules, reorganize or fire staff and change school budgets and curriculum. The state also could convert OSD schools to nonprofit or for-profit charter schools or close them if they don’t have full enrollment.

The state would use the College and Career Ready Performance Index to determine which schools are eligible for takeover. Schools that score below 60 on the 100-point CCRPI for three straight years could be included in the OSD. Those schools would stay in the OSD for no less than five years (or, if they are an OSD charter school, for the length of the initial charter’s term) and no more than 10 years before returning to local control. Opportunity Schools could be removed from the OSD whenever they are graded above an F in the state’s accountability system for three straight years.

Muscogee County had 10 of the 141 schools on the state’s original list of chronically failing schools released last year. Georgetown and Rigdon Road elementary schools, however, improved enough with other schools in the state on the 2015 CCRPI to move off the list. That leaves 127 schools in Georgia and these eight in Muscogee on the current list: Baker Middle School and Davis, Dawson, Forrest Road, Fox, Lonnie Jackson, Martin Luther King Jr. and South Columbus elementary schools.

The case for Yes

OSD proponents cite the number of chronically failing schools as the most obvious reason to try something drastically new. They also note the reduction in the number of chronically failing schools since the threat of state takeover became possible after Senate Bill 133 passed.

Deal says on his proposal’s website, “While Georgia boasts many schools that achieve academic excellence every year, we still have too many schools where students have little hope of attaining the skills they need to succeed in the workforce or in higher education. We have a moral duty to do everything we can to help these children. Failing schools keep the cycle of poverty spinning from one generation to the next. Education provides the only chance for breaking that cycle. When we talk about helping failing schools, we’re talking about rescuing children. I stand firm on the principle that every child can learn, and I stand equally firm in the belief that the status quo isn’t working.”

Alyssa Botts, spokewoman for the pro-Amendment 1 campaign committee Opportunity for All Georgia Students noted, “The graduation rate for students attending failing schools is an abysmal 55.7 percent,” compared to the most recent statewide figure of 78.8 percent in the class of 2015.

“A school that fails to properly educate its students perpetuates cycles of poverty and increases the likelihood of incarceration,” Botts said in an email to the Ledger-Enquirer. “For many students, educational opportunities provide the best chance to break out of these cycles. … Voting ‘yes’ for the Opportunity School District amendment is a vote to ensure that future generations of Georgians will have the best opportunities available. No child in Georgia should be forced by law to attend a failing school.”

The governor-appointed Georgia Board of Education and the Georgia Chamber of Commerce have endorsed the OSD referendum.

Michael O’Sullivan, executive director of the Georgia Campaign for Achievement Now, part of the 50-state CAN nonprofit organization advocating “a high-quality education for all kids, regardless of their address,” has successfully fought a similar political battle, helping to convince voters to approve the 2012 Georgia charter school amendment. And the OSD is the next logical step, he figures.

“What this has done is create a sense of urgency for districts to act,” O’Sullivan said in an interview with the Ledger-Enquirer. “Voters should be asking what’s being done now? What plans are in place to improve our schools? That’s the ultimate goal. How can we ensure that every student in the state has access to quality education? Right now, 68,000 students attend a school that has failed at least three years or more.”

The opposition is based on being “afraid of loss of control,” O’Sullivan said. “… It’s my hope that opponents would be putting as much effort into fixing their schools so they aren’t eligible for the OSD. I can tell you which option will be best for schools.”

O’Sullivan emphasized that state takeover is only one option for intervention in the OSD.

“There is the ability for the state to assist schools that are failing for one year or two years, and then, after three years, there is a multiple intervention model,” he said. “One is a joint governance structure, with the OSD and the local school district working together to turn around the school.”

Addressing concerns that OSD schools would receive less funding, O’Sullivan said, “Whatever amount that would have been dedicated to that school remains in that school.”

Louisiana enacted the Recovery School District in 2003. The RSD comprises 62 autonomous charter schools in Orleans, East Baton Rouge and Caddo parishes with a total enrollment of more than 32,000 students, according to the RSD’s 2015 annual report. The percentage of RSD schools considered to be failing has been reduced from 44 percent in 2011 to 19 percent in 2015, the report says.

According to the RSD’s 2014 annual report, the percentage of students performing at the basic level or above increased 29 percentage points from 2008 to 2014, while the state average increased 9 percentage points.

In New Orleans, 63 percent of the public school students are in the RSD. According to a June 2015 study by Patrick Sims and Vincent Rossmeier of the Cowen Institute for Public Education Initiatives at Tulane University, “the percentage of (New Orleans) students at the basic level or above has increased 15 percentage points over the past six years. That growth has largely come from the RSD, which has improved by 20 percentage points.”

In Tennessee, as of the 2015-16 school, there were 29 schools in the Achievement School District, enacted in 2010 with the goal of moving the state’s bottom 5 percent of school into the top 25 percent of student achievement. The ASD has made progress, according to its July 2015 report.

“Over a three-year period, ASD students have earned double-digit gains in math and science proficiency and have grown faster than their state peers,” the report says.

The ASD reading scores, however, declined along with the state average.

“We know from national research and our own experience that reading growth tends to lag behind other subjects in a school turnaround setting,” Malika Anderson, then the ASD deputy superintendent and now its superintendent, says in the report.

The case for No

Georgia Federation of Teachers president Verdaillia Turner, a retired Atlanta educator, has seen the statistics that indicate state takeovers improved student achievement, but her organization touts evidence that argues otherwise.

The federation says in its campaign literature that the Southern Poverty Law Center filed a lawsuit against the state-created school district in New Orleans on behalf of 4,500 students for denying appropriate services. A July 2015 SPLC fact sheet notes that, while an average of 19.4 percent of students with disabilities graduated high school in Louisiana, only 6.8 percent of them graduated in the Recovery School District.

A February 2016 report titled “State Takeovers of Low-Performing Schools: A Record of Academic Failure, Financial Mismanagement and Student Harm” from the Center for Popular Democracy, a liberal-leaning nonprofit advocacy group, found that state takeovers of schools in Louisiana, Michigan and Tennessee produced:

▪  “Negligible improvement — or even dramatic setbacks — in their educational performance.”

▪  “A breeding ground for fraud and mismanagement at the public’s expense.”

▪  “High turnover and instability” among staff, “creating a disrupted learning environment for children.”

▪  “Harsh disciplinary measures and discriminatory practices” for students of color and those with special needs.

Turner fears too much of the motivation for the OSD proposal is about creating profit opportunities in public schools for private charter school companies.

“The bottom line here is that this is a new business at the public’s expense,” Turner said in an interview with the Ledger-Enquirer. “The only thing public about these schools is our tax dollars.”

The federation notes the OSD may retain 3 percent of state funds for administrative operations, reducing the amount of money available for instruction.

“I love my state, and I respect the office of the governor and all of government,” Turner said. “However, this is still a democracy, and we believe that educators and the public need not be misled by what’s about to happen.”

That includes the OSD superintendent’s authority to “get rid of people at will” at any OSD school, Turner said. “The law says, the last line in Senate Bill 133 says, all laws in conflict with this act are repealed.”

Turner noted the state’s standardized testing system has changed the past five consecutive years. “Therefore, we know it’s not reliable,” she said.

In many chronically failing schools, Turner said, “children end up going to jail. But in many of these same schools, children go to Yale. So we need to have a real conversation about what makes schools work.”

The Atlanta Journal-Constitution has reported that a political group called the Committee to Keep Georgia Schools Local has a TV ad campaign opposing the OSD referendum. The group includes the Georgia Association of Educators, Georgia AFL-CIO, the Professional Association of Georgia Educators, Georgia Stand-Up, the Coalition for the People’s Agenda, Public Education Matters, Southern Education Foundation, Working America, Pro Georgia, Better Georgia, Georgia Federation of Teachers and Concerned Black Clergy of Metro Atlanta, according to the AJC.

The Georgia School Boards Association’s board of directors voted to oppose the amendment. School boards representing the counties of Bibb, Chatham, Cherokee, Clayton, Fayette, Henry, Richmond and Troup have expressed opposition.

The Muscogee County School Board was scheduled to join them last month, but the proposed resolution was deleted from the agenda between the Sept. 12 work session and the Sept. 20 meeting. Neither superintendent David Lewis nor board chairman Rob Varner has responded to the Ledger-Enquirer’s requests for an explanation.

Responding on their behalf, MCSD communications director Valerie Fuller also didn’t explain the sudden change in thinking, who proposed the resolution, who rescinded it and why. Here is her statement in an email to the Ledger-Enquirer:

“The Muscogee County School District is a public school system, which is supported by taxpayer money. All of our stakeholders (taxpayers, students, parents, teachers administrators and staff) have different opinions on this proposal. Although we believe, and the results indicate, that we are making progress with our challenged schools, to take a side could anger supporters, who might say the BOE is opposed to helping ‘failing’ schools.

“We don’t think it would be wise for a publicly elected body to pass a resolution in opposition of this amendment that might result in controversy, causing unnecessary distractions from the work being done on behalf of these schools. Because this could result in a change to Georgia’s Constitution, we do believe it is important for voters to read and be fully informed about the amendment and its implications.”

In a letter Tuesday to school district superintendents and Regional Education Service Agency directors, Georgia Department of Education deputy superintendent for external affairs and policy Garry McGiboney reminded public school officials that the Georgia Office of the Attorney General advised the GaDOE in 2012, “Local school boards do not have the legal authority to expend funds or other resources to advocate or oppose the ratification of a constitutional amendment by the voters.”

Regardless of whether the proposed OSD is good for Georgia, the referendum’s wording doesn’t accurately explain it, some folks insist. The Georgia PTA called it “deceptive.”

“If the governor and state legislators believe the best way to fix struggling schools is to put them under state control and either close them or turn them over to charter schools, then let the language on the ballot reflect this initiative,” Georgia PTA president Lisa-Marie Haygood said in a news release. “As it stands, the preamble, and indeed, the entire amendment question, is intentionally misleading and disguises the true intentions of the OSD legislation.”

To that end, a class-action lawsuit was filed Sept. 27 against the governor, Lt. Gov. Casey Cagle and Georgia Secretary of State Brian Kemp. The three lead plaintiffs, all from metro Atlanta — parent Kimberly Brooks, First Iconium Baptist Church senior pastor Timothy McDonald III and Coweta County teacher Melissa Ladd — allege in the complaint that the wording is “so misleading and deceptive that it violates the due process and voting rights of all Georgia voters.”

Gerry Weber, an Atlanta lawyer representing the three lead plaintiffs, told the Ledger-Enquirer in an interview the Georgia Supreme Court ruled about 10 years ago that a challenge to the wording of ballot measures must be decided after the vote because the lawsuit would be moot if the proposal fails.

The Ledger-Enquirer asked Deal spokeswoman Jen Talaber Ryan for the governor’s response to the allegation about the referendum’s wording. Ryan replied in an email, “The opposition didn’t attend the publicly announced constitutional amendment meeting where the language was discussed and approved. Why don’t you ask them why? And the preamble and question say exactly what the OSD will do — provide a lifeline for children forced by law to attend a failing school. The only thing misleading here is the fact that national, outside special interest groups are spending money instead of local groups. After all, their go to line is about ‘local control.’ Hypocritical, don’t you think?”

Keep Georgia Schools Local campaign manager Louis Elrod told the Ledger-Enquirer in an email from media relations manager Michelle Davis, “It’s unbelievable that pro-school takeover advocates would make this charge. They are grasping at straws because they’re desperate and losing this fight.

“They know full well that many members of our bipartisan coalition of parents, teachers and public school advocates actively petitioned for changes to both the amendment and the ballot question at multiple hearings. The even more deceptive preamble language was drafted at a separate meeting in Deal’s office. Janet Kishbaugh of Public Education Matters Georgia says she and other opponents called and searched online daily to find an announcement of this meeting. It was later revealed that the preamble was written in Deal’s office in a meeting attended only by the three men who drafted the words.

“The pro-takeover campaign’s political maneuvering just confirms what we know about their intentions — this amendment is designed to silence parents and strip away local control.”

Do your homework and vote

The Georgia Partnership for Excellence in Education has taken a neutral position on the OSD referendum, but the partnership’s president, Steve Dolinger, is advocating this:

“The important thing is Georgia voters do their own homework on this issue and make their decision based on solid research and fact-finding, not emotion,” Dolinger, who was superintendent of Fulton County Schools (1995-2002), said in an email to the Ledger-Enquirer from Bill Maddox, the partnership’s communications director. “Both sides make compelling arguments, but it should always come down to what the voter feels is right for the children of our state.”

BY MARK RICE

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Supporting the workers are Rise Up Retail, the Center for Popular Democracy and the Organization United for Respect.

Read the full article here.

A group of activists planning to attend the Federal Reserve Bank of Kansas City’s annual economic symposium in Jackson Hole, Wyo., has filed a complaint with the National Park Service, the Department of the Interior’s Inspector General’s Office and the Justice Department after the conference hotel canceled the group’s room reservations.

The Center for Popular Democracy’s Fed Up Coalition said in an Aug. 9 letter that it booked 13 rooms in May at the Jackson Lake Lodge for its members for the nights of Aug. 24, 25 and 26. Last month, the lodge informed the group that their reservations had been canceled because of a “computer glitch,” according to the letter.

But the lodge didn’t cancel the reservations for other guests who booked after Fed Up did, said the letter written by Ady Barkan, campaign director of Fed Up, a left-leaning group that has lobbied for more diversity among Fed officials and more openness about the selection of regional Fed bank presidents.

“It is very hard for me to interpret the Company’s actions as anything other than a specific targeting of the Fed Up coalition,” he wrote in the letter.

Mr. Barkan said the group booked rooms at other hotels farther away from the conference, which will make it difficult for activists to attend events.

The Jackson Hole conference draws central-bank officials and economists from around the world who gather near the Grand Tetons to discuss monetary policy.

Fed Up members have been attending the conference for the past two years to urge Fed officials to hold off on raising interest rates, arguing that higher borrowing costs will slow economic growth and hurt low-income households. The group’s members often hold events and rallies near Fed events, wearing their signature green T-shirts.

A spokesperson for the Jackson Lake Lodge didn’t return a call for comment. Kathy Kupper, a spokeswoman for the National Parks Service said the lodges are run by independent contractors who are responsible for their day-to-day operations.

Mr. Barkan said he was writing the letter “to file a formal complaint regarding improper and potentially illegal behavior,” by the company.

By  David Harrison

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