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  • Community college professors allege new diversity policies infringe on academic freedom

    Community college professors allege new diversity policies infringe on academic freedom


    Bill Blanken, a chemistry professor at Reedley College, claims that a diversity and equity policy in California’s community colleges amounts to a “loyalty oath.”

    Photo courtesy of Foundation for Individual Rights and Expression

    Bill Blanken, a chemistry professor at Reedley College, said a new diversity and equity policy in California’s community colleges amounts to a “loyalty oath” and “compelled speech” that runs afoul of free speech and academic freedom. 

    Community colleges’ DEIA goals: address diversity and especially racism

    The push for new diversity, equity, inclusion and accessibility (DEIA) policies came out of a long-running effort to improve student outcomes in California Community Colleges. The systemwide plan called Vision for Success outlined goals for improving transfer rates and other outcomes for students. 

    In 2019, the board of governors for the California Community Colleges voted in favor of establishing a framework for evaluating all its employees on their competency in serving a diverse student population. More than seven out of 10 students in the California Community College system are not white, according to 2022-23 enrollment data from community college’s Data Mart site.

    But in the wake of the George Floyd protests in 2020, discussions over how to address diversity and especially racism on college campuses became more pointed. In August 2020, the Student Senate for the California Community Colleges held town halls where students could discuss the racism they had experienced on their college campuses and offer possible solutions. 

    These discussions led to Anti-Racism: A Student Plan of Action, a report which called for changes to the curriculum and for training of all college employees in areas of cultural diversity and concepts like unconscious bias.

    During the first town hall, several students spoke about being assigned texts that contained racial epithets. Students said they did not object to the texts themselves, examples of which  include “Letter from Birmingham Jail” by Martin Luther King, Jr. and John Steinbeck’s “Of Mice and Men.” The students said, however, that they objected because professors, who were not Black, read these epithets aloud. Other students said they did not take issue with being assigned white authors who held racist views, but that authors with opposing perspectives were excluded from the syllabus. 

    Some students detailed explicit racism they faced from professors.

    Joseph Merchain, a student at Pasadena City Community College from South Los Angeles, said that as a Black man, he felt singled out when his professor told him that his dreadlocks were not professional in front of the class.

    Merchain said, “So I’m taking a whole two-hour bus ride every morning and every night just to get to and from school, just to be racially profiled?”

    Blanken, along with five other tenured professors in State Center Community College District, are challenging new California Community College diversity policies that change the way employees are evaluated. A lawsuit, filed in August, describes the plaintiffs as critics of anti-racism and diversity, equity, accessibility and inclusion (DEIA) principles who are concerned that these stances could result in negative performance evaluations or even losing their jobs.

    “We need legal protection,” Blanken said in an interview with EdSource on Oct. 12. 

    Last year, the Board of Governors for the California Community Colleges adopted new regulations requiring local districts to evaluate employees, including faculty, on their competency in working with a diverse student population. Local districts were required to be in compliance last month.

    Blanken disagrees with the DEIA policy’s premise that racism is embedded in institutions, including California’s community colleges, or in disciplines such as chemistry, math and physics. He argues that these fields should be taught in a way that is race- and gender-neutral.  That is at the crux of the lawsuit by the six plaintiffs.

    Filed by free speech advocacy group Foundation for Individual Rights and Expression (FIRE), the suit names California Community College Chancellor Sonya Christian, the board of governors of the California Community Colleges as well as the chancellor and governing board of State Center Community College District.

    A related suit, filed in June on behalf of Bakersfield College history professor Daymon Johnson, targets the chancellor and board of the Kern Community College District.

    State Center Community College District, which serves Fresno and surrounding central San Joaquin Valley communities, is one of the first districts in the state to include these new diversity requirements in its latest faculty contract. The district said in a statement that it will defend its implementation of the state’s DEIA regulations and its collaborative effort with the State Center Federation of Teachers.

     “The District now and forever will be a welcoming place for a diverse population, with a commitment to access and inclusion,” wrote Jill Wagner, spokesperson for State Center Community College District. “DEIA initiatives have sparked many important conversations spanning decades, and as this issue continues to evolve, efforts to address them will continue to be at the forefront.” 

    The district’s new evaluation process requires instructional faculty to demonstrate “teaching and learning practices that reflect DEIA and anti-racist principles,” in addition to a written self-evaluation on the faculty’s “understanding” of DEIA competencies and “anti-racist principles,” with the goal of improving “equitable student outcomes and course completion.”

    How these principles will play out in the next rounds of evaluation is still uncertain. Blanken said he has not received guidance from his department. A September memo by State Center’s human resources department noted that the district and academic senate have  yet to develop uniform training guidelines for evaluations, and that meanwhile, “evaluatees should, in good faith, review the language in the contract and do their best to speak to how they have demonstrated or shown progress toward practices that embrace the DEIA principles.”

    Daniel Ortner, the FIRE attorney representing the State Center professors said, “That’s not good enough when free speech is on the line.” 

    Ortner added that broad, undefined regulations could have a “chilling effect” on speech in the classroom. Plaintiffs are particularly concerned about a framework released by the California Community College Curriculum Committee that warns professors not to “‘weaponize’ academic freedom and academic integrity in an academic discipline or inflict curricular trauma” on historically marginalized students.

    In the suit, plaintiffs said they have changed the way they teach their classes this semester because of the new DEIA policies. Loren Palsgaard, English professor at Madera Community College, said he will no longer assign texts that contain racial slurs, including Martin Luther King Jr.’s “Letter from Birmingham Jail” and works by William Faulkner and Flannery O’Connor. 

    A response filed on Oct. 2 by California Attorney General Rob Bonta, on behalf of thc chancellor and the board of governors challenges the claim the DEIA policies bar professors from using these texts, adding that this framework is not binding and only provides a reference for college districts creating their own DEIA policies.  

    The guidance “expresses competencies the Chancellor’s Office endorses, but does not require,” wrote Melissa Villarin, spokesperson for the state Chancellor’s Office. “The regulations do not impose penalties on district employees. They are intended to contribute to employee professional development.”

    Erwin Chemerinsky, dean of the UC Berkeley School of Law, said that it is well within a college’s rights to not only prescribe the curriculum for courses but to insist that faculty be sensitive to teaching a diverse student body. He added, however, that schools cannot require that faculty espouse a particular viewpoint in their teaching.

    “The question is whether this is more the former than the latter,” Chemerinsky wrote in an email to EdSource, adding that he believes the government has a strong argument that this is within its realm of prescribing a curriculum. 

    “It is hard to say on this record that the First Amendment has been violated,” Chemerisky wrote. “It would be different if a teacher was being disciplined and bringing a challenge.” None of the plaintiffs in the suits has been disciplined.

    A separate suit, filed by the Institute for Free Speech on behalf of Bakersfield College professor Daymon Johnson, points to the firing of Matthew Garrett, a professor who had been critical of DEIA initiatives. Garrett was not subject to new DEIA policies affecting faculty evaluations. However, Johnson’s suit claims that he worries that he, too, could lose his job, because he shares many of the same conservative values and anti-DEIA stances as Garrett.

    The Kern Community College District said in a statement that Garrett was not terminated because of his opinions on DEIA or other free speech issues.

    “Matthew Garrett was terminated after a lengthy and detailed examination of his disciplinary violations at Bakersfield College,” said district spokesperson Norma Rojas.

    Garrett, who was terminated by the college in April 2023, contests these alleged disciplinary violations. He filed a lawsuit against the college in May 2021, claiming that he faced retaliation for exercising his free speech. He said in a statement to EdSource, that the district has “fabricated an absurd pretext that simply does not hold up under scrutiny.”

    Plaintiffs in both suits have asked the court for a preliminary injunction that would prevent the California Community Colleges’ DEIA policy — as well as State Center Community College District’s faculty contract — from going into immediate effect. The request remains pending in federal court, and no hearing date is currently set.

    Ortner said he is not aware of any other lawsuits from California’s 116 community colleges that are targeting the new DEIA policies, but he’s keeping his eye on the issue statewide.

    “A lot of colleges have anti-discrimination protections that make students feel welcome, such as tutoring, mentoring. There are a lot of things that you can do that don’t impinge on free speech,” Ortner said. “California colleges are much more aggressive and forward in advocating for these principles.”

    Editors’ note: This story has been updated to include a statement from Matthew Garrett.





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  • Unions allege LAUSD is misusing arts education funds 

    Unions allege LAUSD is misusing arts education funds 


    High school junior Maya Shtangrud may have given up on her childhood dream of learning to play the violin — but now, serving as an arts justice fellow at the ACLU of Southern California, she remains steadfast in her advocacy for arts education. 

    Like many, she hoped Proposition 28 — a ballot measure passed by roughly 65% of voters in November 2022 to allocate about $1 billion toward arts education each year — would lead to greater opportunities for her fellow students. 

    She’s not quite as optimistic now, and is joining a group of teachers and advocates to sound alarms on the district’s alleged mismanagement of their estimated $76.7 million in Proposition 28 money — which they claim has been used to pay for current teachers rather than create new programs or bolster existing ones.

    “I really want adults, teachers, administrators, people who distribute the Prop. 28 funds, to understand that they need to really think about it from our perspective and see how much it is impacting us,” said Shtangrud, who now plays jazz piano and enjoys filmmaking. “A lot of people don’t understand the impact that the arts have on us students.” 

    Most families assume their children are getting some form of arts education, said Janine Riveire, a professor of music and music education at Cal Poly Pomona. Many also hoped that Proposition 28’s passage would lead to better outcomes for their children. 

    Despite Proposition 28’s widespread support in the polls, bringing arts education to students across the Los Angeles Unified School District has remained a challenge — with educators and advocates claiming that the district’s implementation of Proposition 28 has failed to give individual campuses their own discretion over the use of their funds, leading to roadblocks that impede teachers’ ability to access supplies central to their artistic discipline. 

    “Millions of Californians, voters and parents and others, voted for more arts funding for schools,” said Amir Whitaker, senior policy counsel of the ACLU of Southern California’, who is also part of the LAUSD Arts Advisory Council. “And that’s not what we’re seeing.” 

    Widespread calls to action 

    On March 25, various unions and former LAUSD Superintendent Austin Beutner, who authored Proposition 28, wrote a letter to state officials — Gov. Gavin Newsom, State Superintendent of Public Instruction Tony Thurmond, Senate President pro Tempore Mike McGuire and Speaker of the Assembly Robert Rivas — demanding the state hold districts accountable for their spending.

    “Prop 28 is the largest investment in arts and music in U.S. history and establishes California as a national leader. But only if it’s properly implemented,” the letter reads. 

    “If school districts are allowed to violate the law without consequence and substitute the new funds for something they were already spending money on, their actions will make a mockery of voters’ clear wishes.” 

    The letter — supported by SEIU 99 President Max Arias, Oakland Education Association President Ismael Armendariz, UTLA President Cecily Myart-Cruz, California Federation of Teachers President Jeff Freitas, Teamsters Local 572 Secretary-Treasurer Lourdes M. Garcia, California Teachers Association President David Goldberg — also urged the state officials to direct schools to submit, within a 30-day window, proof that they have not supplanted money and a list of teachers employed during both the 2022-23 and 2023-24 academic years. 

    “Instead of hiring about 15,000 additional teachers and aides, the funds would instead be used to pay for existing programs,” the letter reads. “This means millions of children will miss out on the arts education voters promised them.” 

    In a statement to EdSource, LAUSD said it remains committed to arts education. This year, the district budgeted $129.5 million toward the arts, on top of $76.7 million from Proposition 28, for a total of more than $206 million. That is almost three times the $74.4 million that a district spokesperson said LAUSD spent on arts education in the 2022-23 academic year. 

    “We couldn’t agree more in how formative and critical the arts are for personal development, social emotional regulation, educational attunement, and an overall appreciation for diversity, cultures, and experiences,” according to the statement. “That is why the arts are so central to the instruction and pedagogy of Los Angeles Unified.” 

    The district also claimed its current investments in the arts “meet and exceed requirements specific to Prop 28, and that Superintendent Alberto Carvalho is coordinating “a comprehensive multilayered scan” of the district’s investments and expenses. 

    While applauding efforts at various districts throughout the state — and especially in Bakersfield and Santa Monica — for their implementation of Proposition 28, Beutner said LAUSD’s statewide leadership in arts education has waned over the past decade, referring to it as “the poster child for how to violate law.” 

    “Maybe the time in which (various districts) responded was similar, but one read the law and chose to do what the law says and do the right thing for kids in their schools,” Beutner said.  “One read the law and said, ‘OK, we’re going to ignore that, and we’re going to do something different, and we’re going to cut funding for the arts and hope nobody finds out.’

    “Two different approaches. Same law.”

    Proposition 28 spending at the district level

    Beutner said that before Proposition 28’s passage, only about 20% of California’s public schools had a full-time arts or music teacher. Advocates for the measure faced no opposition, and support was widespread — and garnered about 65% of the vote, he added. 

    Proposition 28 was also designed to prioritize hiring new arts teachers — and schools are required under the measure to use at least 80% of funds to hire staff. The funds are supposed to add to the existing money — not replace it, which Whitaker and several teachers told EdSource that LAUSD is doing. They also said they’ve heard accounts of the district firing arts teachers only to rehire them with Proposition 28 funds. They fear that this practice will deplete the funds without making any improvement in arts ed. 

    “For the 2023-2024 school year, the LAUSD’s General Fund is not being utilized for either of the above purposes,” an instructor claimed in an email to the California Department of Education. 

    “Instead, LAUSD has replaced the General Fund’s allocations for itinerant arts positions (approximately 250 FTE funded in the 2022-2023 school year) and the allocations for arts materials/supplies for every elementary and secondary school with the funds from Proposition 28.” 

    Teachers have suggested the trend will continue in the upcoming year, pointing to this year’s purchase forms for itinerant arts services issued for the 2024-25 academic year, which identify Proposition 28 as the funding source for elementary school principals. 

    At school, closer to home

    Ginger Rose Fox, an elementary school dance teacher who serves as the United Teachers Los Angeles Arts Education committee chair, said she is concerned that LAUSD’s implementation is costing schools their autonomy in choosing how to spend their Proposition 28 money. 

    Beutner added that giving schools autonomy is also the law. 

    “Not top down ‘what does the district want done?’ … This was written to give agency to school communities, and it saddens me greatly to see L.A. Unified ignoring what was written in the law, the will of the voters to do something, just because they want to do it their way.” 

    Ensuring schools can make their own decisions directly affects students’ ability to access certain arts disciplines and have continued access throughout their K-12 education, Fox said.

    “Can this kid who was excelling in dance in elementary school be able to have dance in middle school?” Fox said. 

    Fox and other educators have emphasized that giving individual schools autonomy on how to allocate resources is critical to that process. 

    “It’s a wonderful opportunity to bring families into school to engage alongside teachers and school leaders and say, ‘What do we want to do?’” Beutner said. 

    In November, Fox wrote a letter to Thurmond and California Department of Education. 

    In addition to concerns about allegedly supplanted money, Fox claimed that the district’s use of Proposition 28 funds has also depleted the stock for critical arts supplies. 

    Arts educators and advocates stressed that some teachers are now struggling to purchase basic materials that are critical to their discipline — ranging from musical instruments to clay and visual arts supplies. 

    Many of them are still calling for accountability and hoping that the funds will eventually come to support students.  

    Beutner said he had hoped that after the documentary film “The Last Repair Shop” won an Oscar recently, the district would make a greater commitment to arts education. Unfortunately, he said, that did not happen. 

    “The repair shop has been wonderful. It’s been long standing, and the people that work there are my heroes,” Beutner said. “How, at the same time, could you be and have been, for more than a year now, cutting funding for the arts?” 





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