Louisiana – Sheila Kennedy

Remember When We Cared About Ethics?

Pro Publica recently revisited an ethics case in Louisiana that has dragged on for nine years.

Now, when I think of states with strongly ethical political cultures, Louisiana doesn’t come to mind, but even in the state that gave us Huey Long and David Duke, the situation on which they reported is notable.

It’s been nine years since the Louisiana Ethics Board first took up what its former chairman called “the most egregious case” to ever come before him.

In 2010, the board accused former state Sen. Robert Marionneaux Jr. of failing to disclose to the board that he was being paid to represent a company in a lawsuit against Louisiana State University. The lack of transparency was only part of the problem. Marionneaux offered to get the Legislature to steer public money toward a settlement, according to charges the Ethics Board later filed against him. The money would also help pay off his contingency fee, which an LSU lawyer pegged at more than $1 million.

Evidently, according to ethics advocates, the snail’s pace and limited scope of the case are due to the weaknesses of Louisiana’s ethics enforcement system.

In 2008, the Legislature delivered ethics reforms that then-Gov. Bobby Jindal billed as a new “gold standard” that any state would covet. But more than a dozen people involved in the system said in interviews that the reforms have done the opposite, chipping away at and dragging out ethics enforcement.

The consensus is that Jindal’s “new and improved” ethics rules created more loopholes than they closed.

Those of us who don’t live in Louisiana shouldn’t get cocky. It would behoove us to look at our own state capitals, and especially at the ethical disaster that is America’s current national administration.

If you Google “Trump Administration Corruption,” you will get 38 million hits. One of the most recent is a Bloomberg Interactive titled “Tracking the Trump Administration Scandals.”(Due to the large number of said scandals, the site allows you to sort by category: administration officials, Trump and his family, the Trump Organization and Trump associates, etc.)

If you are particularly interested in 2018, there’s Washington Monthly’s “A Year in Trump Corruption.” And last October, The New York Times published “Trump’s Corruption: The Definitive List.”

There’s much, much more.

Not unlike the citizens of Louisiana (large numbers of whom, during a gubernatorial election between David Duke and Edwin Edwards, sported bumper stickers saying “Vote for the Crook–It’s important”), we’ve gotten inured to the extent of the venality. To use a political science term, corruption has become normalized.

There will be those among defenders of the petty, self-absorbed criminal in the Oval Office who will insist that “they all did it.” Although there have certainly been unsavory people in high places over the years, that statement is manifestly untrue.

Even if it were accurate, however–even if former Presidents and their cabinets did engage in this degree of unethical or illegal behaviors–they had the good sense (or sense of shame) to hide it. This crew showcases it. Trump likes to insist that he’s “transparent”–when it comes to the transparency of his corruption, and that of his cabinet, that’s true.

There are two explanations for the tendency of Trump & company to flaunt their illegal and unethical behaviors: one, as a group, they aren’t the sharpest knives in the drawer. (Betsy DeVos comes to mind, but she has lots of none-too-bright company); and two, they don’t care. They believe–not without reason–that the public no longer expects government officials to adhere to ethical standards, that those in a position to punish them have been neutered, and that the United States of America–whatever our pretenses of ethical probity and morality–is no different from the corrupt regimes that Trump most admires.

If we do not rise up in 2020 and clean house, the whole country will be Louisiana.

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Those State “Laboratories”

Ah, federalism.

Life in the 21st Century challenges our federalist system in a number of ways; it gets more and more difficult to decide–at least at the margins–what sorts of rules should be applied to the country as a whole, and what left to the individual states.

However those issues get resolved, however, our federalist system pretty much guarantees that state governments will continue to be the “laboratories of democracy” celebrated by Justice Brandeis, who coined the phrase in the case of New State Ice Co. v. Liebmann. Brandeis explained that a “state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.”

Most recently, state governments have been “laboratories” for the GOP’s belief that low taxes are all that is needed to stimulate economic growth.

As David Leonhardt of the New York Times recently noted,

Until recently, Kansas offered the clearest cautionary tale about deep tax cuts. The state’s then-governor, Sam Brownback, promised that the tax cuts he signed in 2012 and 2013 would lead to an economic boom. They didn’t, and Kansas instead had to cut popular programs like education.

Now Kansas seems to have a rival for the title of the state that’s caused the most self-inflicted damage through tax cuts: Louisiana.

Those who follow economic news have been aware of the painful results of the Kansas experiment for some time. Evidently, however, the news of its dire results and the subsequent, ignominious retreat by the Kansas legislature failed to reach Louisiana–and that state’s legislators appear unable to deal with the reality of their own failed experiment.

“No two ways about it: Louisiana is a failed state,” Robert Mann, a Louisiana State University professor and New Orleans Times-Picayune columnist, wrote recently.

A special session of the State Legislature, called specifically to deal with a budget crisis caused by a lack of tax revenue, failed to do so, and legislators adjourned on Monday. No one is sure what will happen next. If legislators can’t agree on tax increases, cuts to education and medical care will likely follow.

Leonhardt places the blame for this state of affairs on Bobby Jindal, who came to the Governor’s office having drunk deeply of his party’s ideological Kool-Aid:

Louisiana’s former governor, Bobby Jindal, deserves much of the blame. A Republican wunderkind when elected at age 36 in 2008, he cut income taxes and roughly doubled the size of corporate tax breaks. By the end of his two terms, businesses were able to use those breaks to avoid paying about 80 percent of the taxes they would have owed under the official corporate rate.

At first, Jindal spun a tale about how the tax cuts would lead to an economic boom — but they didn’t, just as they didn’t in Kansas. Instead, Louisiana’s state revenue plunged. The tax cuts helped the rich become richer and left the state’s middle class and poor residents with struggling schools, hospitals and other services.

Unfortunately, these “laboratories” aren’t working the way Justice Brandeis envisioned, because Republican representatives elected by the rest of the country refuse to learn from their failures. Ideology has once again trumped evidence– the tax bill passed by Congress and signed by Trump is patterned after those in Kansas and Louisiana.

The rich will get richer, and the poor and middle-class will pay the price. And those who refused to learn from the experiences of our “laboratories of democracy” will profess astonishment.

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The Continuing Attack on Public Education

And Indiana’s legislative session continues…..

In the Fort Wayne Journel-Gazette, Vic Smith has accused the Indiana legislature of a frontal assault on public education.

Two bills have been filed that would create the biggest expansion of private school vouchers Indiana has ever seen. They would advance the privatization of our educational system in line with the plans of voucher-inventor Milton Friedman, who supported the abolishment of public education.

I didn’t think that the Republican supermajority would make a direct attack on public education in an election year, but it appears the Republican leadership is poised to push forward a radical new private school voucher plan. It would be the biggest voucher expansion since Gov. Mike Pence’s voucher plan costing taxpayers $40 million in new dollars and diverting $120 million from public schools was enacted in 2013.

Smith asserts that these measures are part of a longer and more ambitious effort to replace public schools with a “marketplace” of private schools funded by government, but without government oversight. He points out that although 94% of Indiana’s children still attend public schools, those public schools are being systematically starved of resources that are being redirected to private schools.

Smith sees this assault as intentional, but let’s give voucher proponents the benefit of the doubt. Let’s say they genuinely believe that privatized schools will offer better educational results. (Put aside, for the moment, important questions about what we believe constitutes a good education, and how we measure that.)

To date, research has provided no evidence that vouchers improve anything other than parental satisfaction and the bottom lines of struggling parochial schools.

A recent study of Louisiana voucher schools by the Brookings Institution found student achievement actually declined, and fairly substantially.

When comparing school performance, researchers struggle to distinguish differences in schools’ effectiveness from variation in the types of students who choose those schools.

A voucher lottery provides an unusual opportunity to measure the effectiveness of private schools. The lottery serves as a randomized trial, which is the gold standard of research methods. Random selection means that lottery winners and losers are identical, on average, when they apply for the voucher. Any differences that emerge after the lottery can therefore be attributed to the private-school attendance of the winners.

The results were startling. The researchers, a team of economists from Berkeley, Duke, and the Massachusetts Institute of Technology, found that the scores of the lottery winners dropped precipitously in their first year of attending private school, compared to the performance of the lottery losers. The effects were very large: roughly a quarter of a standard deviation in math, social studies, and science. There were no effects on reading scores.

In previous posts, I have argued that the tragedy in Flint, Michigan, can be attributed in large part to people who did not understand the government they were elected to manage, and who substituted ideology for competence. The voucher movement displays the same hubris.

In both cases, children are the victims.

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Vouchers and Education

While the constitutional challenge to Indiana’s much-hyped voucher program is pending in our Supreme Court, it might be instructive to look to Louisiana, where Bobby Jindal’s equally-hyped version has just been declared unconstitutional. The legal issues are very different–both challenges were based upon state constitutional provisions, and Indiana’s constitution doesn’t contain the provision that was fatal to the Louisiana program. So there’s no legal equivalence.

Instead, what we can learn from Louisiana falls under the old adage that “there’s many a slip twixt the cup and the lip.”

Even the most well-meaning privatization efforts tend to founder on the shoals of accountability. When the effort involves education, those problems multiply. Despite lots of rhetoric, most academic studies of school voucher programs find that the only area of improvement is in parent satisfaction. Even in well-run programs, student performance remains where one would expect based upon a variety of sociological factors. Reports about rising test scores tend, upon further inquiry, to be based on the ability of private schools to eject students who aren’t making the grade.

Those results come from well-run programs. Louisiana is a poster child for the programs where ideology trumps accountability and basic common sense.

A report from Louisiana Progress, a good-government business group, is instructive. The group petitioned the Board of Education to set at least minimal standards for schools receiving vouchers–evidence that the schools have adequate physical facilities, that they not dramatically increase either tuition or enrollment in order to benefit financially from the program, etc. Calling the program “poorly thought out and poorly implemented,” the report noted that schools selected to participate were not chosen on the basis of educational quality. Most were religious, and many of those quite fundamentalist: the New Living Word School had been approved to increase its enrollment from 122 to 315 students, despite lacking physical facilities for that number; increased its tuition from 200/month to 8500/year, and has a basketball team but no library. Students “spend most of the day watching TV. ..Each lesson consists of an instructional DVD that intersperses bible verses with subjects like chemistry or composition.”

Another voucher school, the Upperroom Bible Church Academy, operates in “a bunker-like building with no windows or playground.”

There are 120 private schools authorized to receive vouchers in Louisiana. A significant percentage are “Bible-based” institutions with what have been characterized as “extreme anti-science and anti-history curriculums” that champion creationism. (One is run by a former state legislator who refers to himself as a “prophet or apostle.” Wouldn’t that encourage you to enroll your child??) A number use textbooks produced by Bob Jones University.

Mother Jones has a list of 14 favorite lessons being taught by Louisiana’s voucher schools. Among them: dinosaurs and people hung out together; gays have no more claims to ‘special rights’ than child molesters and rapists.

Your tax dollars at work.

Louisiana Progress pointed out–reasonably–that since the reason for the voucher program was that Louisiana’s public schools were not meeting educational accountability standards, it makes no sense to spend tax dollars on private/parochial schools that aren’t even being asked to meet those same standards.

We Americans have a love affair with easy answers. We also tend to believe that–whatever the task–private enterprises will outperform governmental ones. And we have a well-documented belief that change equals improvement. Unfortunately, solving real-world problems requires analysis. Sometimes, there is an easy answer; sometimes, a private entity is better suited to solve a certain problem. Sometimes, change is warranted–and positive.

Sometimes, not so much.

If we want to improve education, we need to ask ourselves some hard questions. We might start with: what is the content of a good education? How can we determine whether schools are providing that content? What can we do to improve the prospects that children who enter our schools without the necessary background and tools will actually learn?

Louisiana and many other states–including our own–don’t want to grapple with those questions. They want an easy way out.

Even Adam’s pet dinosaur knew better.

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School Choice of Fact

Yesterday, I noted that school privatization brings with it a number of unintended–and unfortunate–incentives. In Ohio, those incentives were financial; the Ohio Superintendent forced to resign was gaming the system for money.

Today’s lesson, children, centers upon a different incentive: the opportunity for proselytization. Welcome to Bobby Jindal’s Louisiana.

Mother Jones reports on Jindal’s sweeping voucher program, which has received glowing reports from advocates of school choice and privatization. There is no doubt that Louisiana schools are in need of dramatic reform, but as the article notes, the state is poised to spend billions of tax dollars with virtually no accountability.

The early result? Of the 119 private schools participating in the program, at least 19 teach creationism in lieu of science, and substitute religious dogma for documented history.

These schools rely on textbooks and curricula produced by Bob Jones University. (The texts are quoted and referenced in the article available at the hyperlink.) They teach bible-based “facts,” including:

Dinosaurs and humans were on earth at the same time.

God used the Trail of Tears to bring Indians to Christ.

Most slave masters “treated their slaves well.”

In some areas of the country the KKK “tried to be a means of reform, fighting the decline in morality and using the symbol of the cross. Klan targets were bootleggers, wife-beaters and immoral movies.”

Steinbeck’s Grapes of Wrath was part of a propaganda campaign to make the Depression sound worse than it was.

If rejection of science and rewritten history aren’t your thing, the schools also teach law (“Ignoring 3,500 years of Judeo-Christian civilization, religion, morality and law, the Burger Court held that an unborn child was not a living person…”) and literature (“Mark Twain’s outlook was both self-centered and ultimately hopeless”…Emily Dickenson’s poems “show a presumptuous attitude concerning her eternal destiny…she never accepted [the bible] as an inerrant guide to life.”)

Louisiana tax dollars at work.

I’d worry about this more, but global climate change is a sign that the Rapture is imminent…..

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