The @ClarkCountySch, @SuptJaraCCSD and @CCSD_Trustees have not yet withdrawn their proposed regulation to silence teachers from talking about their jobs. They should. But they won't be able to take back the authoritarian impulse that they have revealed. (THREAD 1/x)
If enacted, the regulation would be unconstitutional. I won't focus on that (@AriCohn has already done a great job at it). We should worry that @ClarkCountySch is not getting good legal advice. But my concern is what this says about district leadership, not its lawyers. (2/x)
The proposal would ban teachers and school staff from expressing opinions on school issues "that arise directly from their work," especially issues related to the person's specific job. Breathtaking. (3/x)
A special education teacher could not speak on how to improve special education. A food service worker could not speak about the quality of school lunches. A fourth grade teacher could not speak about elementary school class sizes or the core curriculum. Jaw dropping. (4/x)
And consider, when we say "could not speak," we mean: Literally, no speaking "regardless of the medium used." No Op-Eds, no public comment to the Trustees, no Twitter, and, technically, not even a private conversation with one's spouse or a friend. That's all speech. (5/x)
It's unconstitutional, but the silencing effect is likely to be very real regardless. The Trustees may nix it. Or it will be enjoined by a court. But that won't erase the fact that some people high in @ClarkCountySch leadership want to do this, and everyone knows it now. (6/x)
The question is, why? Why do district leaders what to silence teachers and other school staff? Why do they want to gag criticism rather than respond to it? This is more than sloppy drafting and bad lawyering. This is what authoritarians do. (7/end)
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18 months ago, CCSD received this report about special education in the Las Vegas Valley. It is damning, finding racial disparities, inadequate curriculum, teacher qualifications and funding, and organizational problems. THREAD 1/x
Before highlighting some key failures, the elephant in the room: @GovSisolak and #NVLEG have not provided adequate funding for schools. They should not campaign on having fixed it (they haven’t). Nor should anyone criticize them without supporting the necessary taxes. 2/x
Inadequate funding means bloated class sizes, lower salaries for frontline staff, chronic staff vacancies, and (likely) more difficulty attracting and retaining the highly skilled educators who are desperately needed. It makes everything else harder, if not impossible. 2/x
Today’s agenda from @lindacavazos13 and the @CCSD_Trustees has a slate of governance policies that aim to stifle open dissent among trustees and give @SuptJaraCCSD powers that authoritarian leaders would appreciate. Some examples: 1/x
For example, in judging the performance of the Superintendent, there’s a proposal to allow the trustees to look only at evidence that the Superintendent agrees to. Richard Nixon might not have had to resign if he’d had the benefit of this governance policy. 2/x
And no public dissent from trustees when evaluating @SuptJaraCCSD. In a democracy, we do not insist on “one voice.” But in CCSD trustees should dissent on the evaluation of the chief executive only in closed session. Publicly, they must stand by their man, I guess. 3/x
Into the legal weeds of DACA: The Biden Admin has reiterated that it intends to bolster #DACA by issuing a regulation after a notice & comment process. This will address PART, and only part, of Judge Hanen's legal critique of DACA which led to Friday's injection. THREAD 1/x
One of the legal objections to DACA has been that the Obama Admin issued it as a general policy statement (which can be done quickly), rather than giving the public notice and allowing comment, before issuing regulations. 2/x
FWIW, I explored the legal arguments with this notice & comment debate in a 2016 article. I don't think Judge Hanan is right about this, but there is clearly litigation risk here. And on this, Biden can address the problem fairly easily. 3/x scholars.law.unlv.edu/cgi/viewconten…
Need to say something about how this @NickMiroff@mariasacchetti article is written. In a big scoop about ICE arrest and deportation policy, the article focuses on ICE AGENTS as the affected people, not immigrants who might be arrested and deported. 1/x
The first response is from “one distraught [ICE] official.” After a few paragraphs describing the evolution of the Biden policies, the article describes “ICE officials chafing at the new rules.” It’s clear in this narrative: ICE agents are the center of the story. 2/x
In the article, we hear from Biden and former Obama officials praising the policy, former Trump officials opposing, and, at the very end, an advocate for immigrant rights (but not an affected immigrant, so far as I know). 3/x
There is a lot good in Pres. Biden’s order restoring the US refugee program today. Let me note a few items that stand out to me (possibly esoteric.) 1/x
The call to make the program accessible to victims of gender violence is important. As I am sure the WH knows, this will require further action by the AG to revoke and revise the Sessions/Barr mutilations of asylum and refugee law. 2/x
The interest in climate change migration is interesting, just in the sense of it being put on the agenda. I would note that there are many victims of violence who have also been excluded from refugee law. Biden should look at that, too. 3/x
Six broad, initial thoughts about how to defend immigrant rights in concrete law & policy, as it appears likely that Biden will be president and Rs will control the Senate. (Thread)
1. Trump’s electoral defeat is a true victory against racism and fear, but it is a defensive victory. It stems the bleeding, and maybe only temporarily. A very big battle, but not the war. Immigrants will remain under threat.
2. The Democrats’ failure to take the Senate means that hoping for large scale immigration reform legislation is, yet again, likely going to be fruitless. Worthy as it is, it may sap scarce political capital from achievable and also urgent goals.