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Monthly Archives: April 2019

Smoking gun: FL can’t insure armed teachers from liability

25 Thursday Apr 2019

Posted by kathleeno2014 in Uncategorized

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SAD EMOJIWith SB 7030/Arming Teachers passing in the Florida Senate as was predicted, the question raised by this blog about whether or not this is insurable remains.

Did knowledgeable political insiders deliberately plunge an entire state into a horrific Sophie’s Choice debate over forcing public school classroom teachers to live every day knowing that they or their colleagues must pivot from teaching the students they love to possibly shooting one of them?

Was this just a cruel distraction to allow the greatest threat to Florida Public Education, universal vouchers/Education Savings Accounts and a slew of other deeply hostile bills to pass into law with considerably less opposition from exhausted public education advocates?

Not to put to fine a point on it, but here’s the smoking gun as to whether arming classroom teachers can be insured. Fellow blogger Mercedes Schneider addresses the question and points out that:

The Florida Department of Education (FDOE) uses AIX Specialty Insurance Company to provide its educators professional liability policy. According to that policy, armed teachers would not be covered if they make an error when using that gun. From the policy:

EXCLUSIONS

This policy does not apply to any claim: …

26. Alleging or arising out of:

a. any actual or alleged breach of duty, negligent act, error, omission, misstatement, or misleading statement committed by an INSURED while acting within the scope of their law enforcement activities for the educational institution; and

b. Any allegations of negligence or wrongdoing in the supervision, hiring, employment, training, or monitoring of a person whose conduct is included in Paragraph a. above.

For the purposes of this exclusion, “law enforcement activities” means activities, services, advice or instruction that is within the scope of the authorized duties of the educational institution’s law enforcement and security guard personnel. This exclusion shall also apply to any armed FULL-TIME INSTRUCTIONAL PERSONNEL.

So, armed Florida teachers, know that as of this writing, any negligent act associated with that gun is not covered by FDOE liability insurance. Supervisors connected to negligence of armed teachers are also excluded from the liability policy.

Understand this, public education advocates, voters, teachers, parents, students, critical thinkers: At best, arming teachers with a one-time $500 bonus and three weeks of training when a full time sworn school resource officer costs $100,000 per year is a preposterous level of cheap.

At worst, is the looming reality that this chaos over arming teachers was a deliberate plan to provide cover while lawmakers passed a radical political agenda knowing the idea was doomed from the start. This is 100% unacceptable.

Politicians are supposed to work for us. We all know what happens to employees who lie, scheme, enrich themselves and others and plot to destroy the company. They get fired.

Join the fight to save our public schools and transform them into what’s best for Florida’s children and their teachers.

If “arming teachers” can’t be insured, is the debate just a cruel charade?

13 Saturday Apr 2019

Posted by kathleeno2014 in Uncategorized

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PINNOCCHIO DONT LIEWake up Florida. We are being gamed again. There’s a good chance that the whole uproar over arming teachers is just an orchestrated distraction.

Zero evidence suggests that arming classroom teachers as described in SB 7030/HB 7093 is insurable. Right now, SB 7030/Arming Teachers is on its way to a full senate floor vote.  No one is stepping up to underwrite the enormous liability of putting guns into the hands of classroom teachers with scant training. Out of approximately three weeks of training, only 8 hours are devoted to learning to shoot. Where are the insurance companies for districts, unions or sheriff’s offices on this?

Following last year’s passage of the Marjory Stoneman Douglas Safety Act, Stephanie Luke, Chair of the Lake County school board in Florida had this to say about insurance, “It’s a discussion we’re having with our lawyer and our insurance company,” Luke said, emphasizing that those talks are only at the early stages, as the board does not want to appear that it has come to any conclusions on a new policy. “But it (arming district staff) would be more liability,” she conceded.

It’s disturbing to think that the 2019 Florida Legislature, filled with impassioned debate and often deeply personal public outcry over the obvious insanity of arming a teacher, is a cruel political calculation providing cover for:

  • the radical transformation of private religious school vouchers into a middle-class entitlement paid for by public school dollars
  • the transference of public-school referendum money into the hands of charter profiteers,
  • ripping charter authorizing authority from school boards and granting it to the state,
  • expanding the oversight powers of the appointed Commissioner of Education has over district superintendents and boards
  • school board term limits

Immediately following Senate Appropriations passage of SB 7030, articles appeared revealing quotes from Democrat Sen. Perry Thurston, a committee member:

“The chances are “60-40,” Thurston said, with the higher percentage going toward the idea that arming teachers would be removed from the bill. The Democrats withdrew several amendments related to the teacher portion of the bill during Thursday’s vote in the Senate Appropriations Committee, citing their agreement.

“If they take that out, there are quite a few [Democrats] who would be willing to vote for it,” added Thurston, a Democrat from Lauderhill.”

The dominant Senate GOP does not need a single vote from the Democrats to pass SB 7030 as is. If the Senate strips language arming teachers from SB 7030, two things happen: Democrats and advocates are granted an improbable victory and legislators get rid of the certain embarrassment that will arise when “armed teachers” cannot be insured.

Last year during the debate over the Marjory Stoneman Douglas School Safety Act, politicians suggested that deaths, injuries and mishaps caused by school staff armed with guns would be covered by Stand Your Ground. This year House Education Committee chair Jennifer Sullivan implied that it was “the entities responsibility” when asked about insurance. Very little of the money budgeted  in 2018 for the Aaron Feis Guardian Program that armed school personnel other than full time classroom teachers has been spent.  Many districts across the state, including Orange County Public Schools ,have approved resolutions not to arm teachers.

The News Service of Florida reports: “From the 25 counties that have decided to arm school personnel, all but one have requested funding from the state —- a total of $9.3 million out of the $67 million that lawmakers set aside for the program this year. Polk County has requested $1.5 million to implement the program, the most of any county. The county’s sheriff, Grady Judd, was a key player in helping shape the statewide program. The rest of the state’s 42 counties have opted out of the program and are not able to tap into the unspent $57 million for other security measures.”

Further, arming teachers has been met with push-back from insurers across the nation.

Kansas passed a law in 2013 that allowed members of school staff to be armed after the Sandy Hook massacre claimed the lives of 20 elementary school children. But five years later, no Kansas school employee has legally brought a gun onto a public K-12 campus.

EMC, which covers most Kansas school districts, immediately sent a letter to its agents in response to the prospect that districts could legally allow teachers to be armed on their campuses. “EMC has concluded that concealed handguns on school premises pose a heightened liability risk,” the letter read. “Because of this increased risk, we have chosen not to insure schools that allow employees to carry concealed handguns. We are making this underwriting decision simply to protect the financial security of our company,” it concluded.

And Colorado was even more direct about the fallacy of arming low-trained staff, “More guns make insurers nervous in other situations, too, said Scott Kennedy, president of CCIG, an insurance company in Colorado. He pointed to the common preference among insurers that nightclub bouncers remain unarmed, while off-duty police officers working security are usually allowed to carry firearms.”

If arming classroom teachers turns out to be a wag the dog scenario that insiders always knew was uninsurable and therefore doomed, advocates and voters should feel betrayed by their so-called public servants. The sheer cruelty of plunging an entire state into a Sophie’s Choice debate over forcing public school classroom teachers to live every day knowing that they or their colleagues must pivot from teaching the students they love to possibly shooting one of them is too much to bear.

 

 

Ron DeSantis Has ‘Big, Hairy, Audacious Goals’ for Florida Education and That’s Bad

12 Friday Apr 2019

Posted by kathleeno2014 in Uncategorized

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ron desantis trump.jpg

The new governor wants to arm teachers, undermine local school boards, and generally double down on decades of education reform efforts that have gutted the state’s public schools.

 

by Kathleen Oropeza | April 9, 2019 | The Progressive/Public School Shakedown

 

For years, policy makers and pundits hyped Florida as a model for “education reform” that other states should follow. The claim was never true, but now with a green-light from new Governor Ron DeSantis, Florida lawmakers have been cut loose to prove that bad education policy can always be made substantially worse.

Since 1998, when Florida state government became a GOP trifecta controlling the governor’s mansion and both chambers of the state legislature, politicians have passed dense layers of public school “accountability” policies that former Governor Jeb Bush referred to as BHAGs or “Big Hairy Audacious Goals.”

These BHAGs include using high-stakes tests, assigning schools A-F grades(labeling impoverished kids and their public schools as “failing”), retainingthird-graders who flunk the state reading test, spending billions in public funds on unregulated private and religious school vouchers, expanding corporate charters, busting unions, suppressing the teaching profession,silencing locally elected school boards and dismantling public school altogether.

During the current sixty-day 2019 Florida legislative session, which ends May 3, 2019, new bills revolve around a radical expansion of these policies. Despite public opposition, GOP legislators yielding to influencers like Jeb’s Foundation for Florida’s Future, Americans for Prosperity, the NRA, the Florida Chamber and a host of lobbyists, are earnestly voting “yes.”

Pay attention, because what happens in Florida usually shows up in the thirty or so other states under GOP control.


Step one for DeSantis was to stock the State Supreme Court with three conservative judges. Next, DeSantis charged the Board of Education with appointing Richard Corcoran as State Commissioner of Education. As the immediate past Speaker of the Florida House, Corcoran was the architect of the “school choice” expansions logrolled into multi-subject, opaque omnibus billsthat became law over the past several sessions.

DeSantis, a known Trump ally, made it clear in his proposed education vision to legislators before the the start of the 2019 session that they should “send me a bill” for a new private school tax-funded voucher program. The DeSantis voucher became SB 7070/HB 7075, the radical Family Empowerment Scholarship Program. Funded through the Florida Education Finance Program from property taxes, this is a dangerous co-mingling of the already thin dollars designated for Florida’s district public schools.

In a state that prizes high-stakes accountability for its public-school students, these vouchers go to unregulated private schools that maintain their right to discriminate against certain students, charge more than the voucher for tuition, teach extreme curriculums, and are not required to ensure student safety or hire certified teachers. This dramatic expansion of private religious school vouchers, once meant for low-income recipients, is morphing into a middle-class entitlement program for families of four making close to $100,000 a year.

Screen Shot 2019-04-09 at 2.12.17 PM.png

Courtesy Kathleen Oropeza

Screenshot of a message sent to parents from Step Up for Students’ Florida Parent Network.

 

This is the precipice of the school reform endgame: Education Savings Accounts or universal vouchers. Speaker of the House Jose Oliva said of the bill, “I think we’re celebrating the 20th anniversary of the first step toward an education savings account.” Because universal vouchers were deemed unconstitutional by the 2006 Bush v. Holmes decision, this latest attempt is destined for the state Supreme Court, where the outcome may be different thanks to DeSantis and his new conservative appointees.

The Family Empowerment Voucher joins four other voucher programs all managed by Step Up for Students—a nonprofit organization with a board that includes hedge funder and Jeb and Betsy DeVos ally John Kirtley. Step Up for Students earns three percent of its annual gross, roughly thirty million dollars per year. Step Up also solicits donations to pay voucher parents lost wages, airfare, food, lodging and gas in exchange for testifying in front of the legislature. Conversely, public school parents travel to Tallahassee on their own dime and are often cut short after a minute of testimony.


Another bill DeSantis backs, SB 7030/HB 7093, would arm teachers. In the aftermath of the tragic shooting in Parkland the state legislature rushed to pass the Marjory Stoneman Douglas Safety Act which deliberately did notarm teachers. The 2019 bills reverse last year’s rare bipartisan effort to keep guns out of the classroom by making money central. It costs $100,000 a year to put a sworn police officer in a school. So, over profound objections from teachers and parents, Florida will arm teachers after a few weeks training and a one-time stipend of $500.

On teacher pay, DeSantis wants to double down on the awful policy of providing bonuses instead of raises via SB7070. Teacher pay in Florida ranks 45th in the nation: $47,858 on average. The state is struggling with a massive teacher shortage projected by the Florida Department of Education to reach 10,000 vacancies by the start of next school year. Despite this, Florida legislators are determined to offer a financially reduced version of the “Best and Brightest” teacher bonus, which was previously tied to individual teacher’s personal high school ACT/SAT scores, in lieu of raising salaries this year. A one-time bonus never helped anyone buy a home. The bill does lower the cost of retakes for the teacher certification test, which was altered in 2015 to align with “rigorous student standards.” But this is little comfort: The test’s fail rate is so alarming that many Florida teachers have spent years attempting to pass it.

DeSantis supporter Representative Kim Daniels continues to insert religioninto public schools this session by sponsoring HB 195. This is model legislation from ALEC-like Christian Nationalist Project Blitz. Daniels, a Democrat, passed a 2018 law requiring “In God We Trust” to be displayed in public schools. This year Daniels is pushing Blitz legislation requiring public high schools to offer a religion class that teaches only Christianity.

Another bill, HB 855/SB 1454, removes and bans instructional materials deemed morally offensive by the public from district schools. The first version spoke extensively about pornography and sex education. Bill proponents describe books such as Angela’s Ashes by Frank McCourt offensive.

Another bill, HB 330 by Senator Dennis Baxley, the original sponsor of Florida’s Stand Your Ground law, seeks to revise curriculum standards and force public schools to teach “science” theories such as creationism and alternate views to subjects such as climate change. Florida might actually succeed in passing these policies if the political landscape remains the same.

Pay attention, because what happens in Florida usually shows up in the thirty or so other states under GOP control.

Finally, DeSantis seeks to undermine democratically governed schools in the state by placing term limits on local school board members. The bill, HB229/SJR274, limits elected members to two consecutive, four-year terms for a total of eight years. Upon passage, school board term limits will be placed on the 2020 ballot and put to a citizen vote. Florida has some of the largest school districts in the nation, making school board duties complex. But Florida legislators view school boards, which can deny charter school applications, as standing in the way of the “choice” agenda. They complain that school board incumbents are automatically re-elected, which is simply not true. Since School Boards are the heart of local voice, why not let local voters decide about term limits, instead of letting Collier County decide for Orange County in a statewide vote?

This is just a peek at the hundreds of education policies presented during the 2019 Florida Legislature. Since this is about a political agenda, never fear, as long as the current slate of Republicans hold power, the ideas that don’t pass will resurface until they do.

Re-blogged by Diane Ravitch

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