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  • Rainy day fund would bail out schools, community colleges in Newsom’s 2024-25 state budget

    Rainy day fund would bail out schools, community colleges in Newsom’s 2024-25 state budget


    Gov. Gavin Newsom discusses his proposed state budget for the 2024-2025 fiscal year, during a news conference in Sacramento on Jan. 10, 2024.

    Credit: Office of the Governor

    Gov. Gavin Newsom would protect schools and community colleges from the brunt of an $11.3 billion projected drop in state revenue for education, under a proposed 2024-25 state budget he released on Wednesday. The budget calls for covering all current levels of funding and existing commitments for new and expanded programs, plus a less than 1% cost-of-living increase for next year.

    The three-year decline in revenue, both for schools and the overall $38.7 billion in the state general fund, is $30 billion less than the Legislative Analyst’s Office had projected a month ago, easing the burden of balancing the budget and avoiding the possibility of drastic budget cuts or late payments — at least for community colleges and TK-12.

    However, Newsom is proposing to defer the promised 5% increases in revenue to both the University of California and California State University systems. UC and CSU would borrow that funding this year and get reimbursed in next year’s budget.

    “We are deferring but not delaying, and there’s a distinction in the law that will allow UC and CSU just for one year to be able to borrow against that commitment,” Newsom said.

    Newsom would protect schools and community colleges by withdrawing about $7 billion from the $10.8 billion TK-14 rainy day fund to cover the current year’s shortfall and meet the minimum obligation in 2024-25. The state would not seek reimbursement for what turned out to be funding above the minimum Proposition 98 statutory obligation for the prior two years.

    Proposition 98 is the funding formula determining the portion of the state’s general fund that must be spent on TK-12 and community colleges. With the addition of transitional kindergarten, that share will rise about one percentage point to 39.5% of the general fund. In 2024-25, Proposition 98 funds will be $109.1 billion. That would be about $3.5 billion more than the revised projection for 2023-24, reflecting expectations of improved state revenues in the next fiscal year.

    The Legislature was handicapped when it passed the 2023-24 budget last June. There were indications but no hard numbers that economic conditions were worsening, because the deadline for paying state and federal income taxes had been extended from April 15 to Oct. 16 in response to massive flooding last winter. As it turned out, state revenues had fallen sharply from slower home sales, a drop in new startups in Silicon Valley, and declining income of the top 1% of earners, who contribute 50% of the personal income tax receipts.

    But with the stock market rebounding since then, Newsom said more optimistic revenue projections for next year and savings in state government operations would account for two-thirds of the difference between the state Department of Finance revenue projections and the legislative analyst’s forecast. A remedy for dealing with a two-year, $10-plus billion drop in Proposition 98 funding would account for the rest of the disparity. In a news conference, Newsom chided the “ready, fire, aim” projections of the news media and others for assuming a more dire financial outlook without the latest data.

    Many districts, nonetheless, will face financial stress. More than two-thirds are facing declining enrollment, which will lower their share of state funding. And the 1% inflation adjustment for 2024-25 will not cover cost increases and, for some districts, negotiated staff raises. Districts are receiving an 8% cost-of-living adjustment this year, down from a 13% bump in 2022-23.

    Newsom’s January budget will now undergo six months of negotiations with the Legislature over their priorities. Revenue updates by June will reveal whether his optimism will hold up, and what the Legislature must do if it doesn’t.

    Newsom reiterated that the state would uphold its education commitments to schools using record post-Covid revenues. These include the addition of transitional kindergarten and appropriating $8 billion combined to create community schools and add summer programs and after-school hours for low-income students.  These would continue to be funded at promised levels.

    Also surviving is an additional $300 million for the state’s poorest schools. The governor said that this proposal, known as an “equity multiplier,” is also a high priority by the California Legislative Black Caucus. Another priority that Newsom mentioned is funding for the UCLA Ralph J. Bunche Center for African American Studies.

    “In the face of a large deficit, it’s reassuring that the governor committed to maintaining his transformative investments in education, including community schools, universal TK, and the equity multiplier,” said John Affeldt, managing attorney for the student advocacy nonprofit Public Advocates. “That the governor particularly called them out with a ‘don’t touch’ message to the Legislature indicates he’ll fight hard to maintain them.”

    New ideas for mitigating student absences

    Despite $6 billion in one-time state funding for post-pandemic learning recovery, chronic absences soared to 30% in 2022-23 and remained high last year. Statewide post-pandemic test scores also plummeted in math and English language arts in 2022-23 statewide and almost remained flat last year.

    Recognizing that students can’t learn when they aren’t in school, Newsom is proposing changes in the law that will allow school districts to provide attendance recovery programs in response to chronic absences and loss in learning because of floods, wildfires and other climate conditions. Districts, in turn, would benefit from offsetting revenues lost from student absences. The new law would specify that districts could fund Saturday programs and intercessions to respond to students with many absences.

    Districts would be required to offer students access to remote instruction, including enabling families to enroll in neighboring districts “for emergencies” lasting five or more days. A budget trailer bill will spell out details, including whether students could seek tutoring under this option.

    The budget calls for $6 million to research hybrid and remote learning and develop new models.

    “We have to use the experiences of recent years to think forward for ensuring that kids can gain access to the learning and instructional opportunities that they deserve,” said Hedy Chang, founder and executive director of Attendance Works, a group that tracks chronic absenteeism.

    Addressing a teacher shortage

    Newsom also proposes to relax some requirements to become a teacher, due to a persistent teacher shortage. Teacher candidates will no longer have to take a test or coursework to prove they have the basic skills to earn a credential, according to the state summary of the budget. The state will now recognize completion of a bachelor’s degree as satisfying the basic-skills requirement.

    Currently, teacher candidates must pass the California Basic Educational Skills Test, a combination of other tests, or complete specific coursework to prove they have the basic skills to teach. The CBEST tests reading, math and writing skills and is usually taken before a student is accepted into a teacher preparation program.

    The governor’s budget calls for streamlining the process of credentialing aspiring arts teachers in response to the passage of Proposition 28, the groundbreaking arts education initiative. It directs the Commission on Teacher Credentialing to create a new Elementary Arts and Music Education authorization for career technical education teachers. This pathway currently only exists for secondary education, and many arts education advocates have pressed to expand it to elementary school classrooms.

    “Governor Newsom’s proposal is an important step in the right direction,” said Austin Beutner, the former superintendent of Los Angeles Unified School District, who authored Proposition 28. “The money from Prop 28 is the enabler, but students will only benefit when schools use it to hire great arts teachers in all grade levels.”

    The budget summary also refers to several other proposals that will make it easier to become a teacher, although it offered no additional details about those proposals.

    The budget proposal also includes:

    • $20 million as the first step toward implementing the long-debated math framework that the State Board of Education adopted last July. A county office of education would be chosen to work with math experts and nonprofits to train math coaches and leaders, who in turn would teach high-quality instruction. State law would spell out that existing state learning loss funding should focus on teacher training in math.
    • $5 million to increase support for the California Cradle-to-Career Data System.
    • $122 million to increase funding for universal school meals.

    The budget contains good and bad news for districts seeking immediate funding for facilities. Newsom would reduce the General Fund by delaying $550 million for new and retrofitted facilities for adding transitional kindergarten. And he proposes to cut $500 million he committed to the state School Facilities Program, which has run out of state funding. However, Newsom committed to negotiate a multibillion-dollar school facilities bond with the Legislature for the November 2024 ballot.

    Questions on the size of the bond needed to win voter support and whether it should include higher education must be answered, Newsom said. “All that’s being worked on, but a real issue to address is that we’ve exhausted the previous bond, and it’s important to advance a new one.”

    Higher education

    In 2022, Newsom made agreements with both UC and CSU to give annual 5% base funding increases over five years in exchange for increasing enrollment and improving graduation rates.

    Under his latest proposal, UC and CSU would borrow a combined $499 million this year — $258.8 million for UC and $240.2 million for CSU. That includes this year’s 5% increase for the systems as well as $31 million for UC to increase enrollment of resident undergraduate students.

    If lawmakers agree to Newsom’s plan, the two systems would receive two years’ worth of 5% budget increases in next year’s state budget to make up for this year’s deferrals.

    “These decisions will position our state and its students for a prosperous future once budgetary challenges subside,” Michael Drake, UC’s systemwide president, said in a statement Wednesday. “During economic downturns, the University of California’s role in California’s economic development is even more important, and we are grateful to state leaders for their visionary leadership and commitment to maintaining the funding compact.”

    Cal State Chancellor Mildred Garcia said that given the state’s financial challenges, the governor’s plan acknowledges his financial commitment to CSU students while also attempting to address the state’s budget situation. But the proposal also puts the system in a precarious position. 

    “This proposal would deliver the same level of funding per fiscal year as originally outlined in the compact, although with additional risk to the CSU if the state’s budget condition further erodes and the state cannot fulfill this restructured commitment,” Garcia said. “We will explore our funding options to advance compact-related goals during the one-year delay and will proceed with financial prudence as we review the impacts and implications of this budget proposal.” 

    Newsom’s spending plan would not fund a significant expansion of the Cal Grant, the state’s main financial aid program. He and lawmakers agreed in 2022 to overhaul the Cal Grant beginning in 2024-25 by simplifying the awards and extending eligibility to more students, but only if state revenues were sufficient to do so. With the state facing a shortfall, the governor is not committing funding to that expansion, though negotiations on the issue are expected to continue through the spring. A spokesperson for Newsom’s Department of Finance said Wednesday that the department will wait until May to make a final determination.

    Newsom also proposed doing away with a program that would provide interest-free loans to colleges and universities to build affordable student housing. In total, that would save $494 million for the state’s 2024-25 budget: $194 million that was appropriated last year plus $300 million this and every year through 2028-29.

    Mike Fong, chair of the Assembly’s higher education committee, said in a statement that he’s disappointed that Newsom proposed eliminating the Student Housing Revolving Loan Fund and didn’t include funding to reform the Cal Grant. 

    “We must continue to find new ways to increase accessibility to higher education, especially for our most vulnerable communities who need these vital resources to complete higher education,” Fong said.

    Early education   

    The budget largely holds steady for early education and child care. It maintains ongoing funding for the newly expanded transitional kindergarten program for 4-year-olds and earmarks $1.7 billion toward long-awaited increased pay for child care providers. It also continues to gradually add subsidized child care slots, with about $2 billion going to fund about 146,000 new slots to be filled by 2024-25, toward an ultimate goal of 200,000 new slots.

    “Overall, the proposed budget stays true to the historic investments California has made in pre-K and child care,” said Scott Moore, head of Kidango, a nonprofit organization that runs many Bay Area child care and preschool centers. “Yet schools and child care providers are struggling to expand due to a lack of staff, facilities funding, and post-pandemic challenges. We must do more now to support this growth, otherwise low-income babies and preschoolers will be left out.”

    EdSource reporters Michael Burke, Ashley S. Smith, Mallika Seshadri, Betty Márquez Rosales, Karen D’Souza, Diana Lambert and Emma Gallegos contributed to the article. 





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  • Too much downtime, too little learning in special day classes

    Too much downtime, too little learning in special day classes


    A special education teacher walks down a hallway with her student in a Northern California school.

    Credit: Andrew Reed / EdSource

    A growing concern has emerged in California regarding the educational rights of students with extensive support needs.

    These students, who often require ongoing assistance in physical, communication, or social support, may not be receiving the mandated instructional minutes set by the California Department of Education. Further, recent studies suggest that special education teachers spend only 20% of their daily time on actual teaching, with students receiving most of their instruction from paraeducators and other service providers. These findings point to wide-ranging implications for how the Individuals with Disabilities Education Act (IDEA) is really implemented in schools.

    When one of us, Sara Caniglia-Schulte from San Jose State University, observed one such class as part of her supervisory responsibilities, I returned feeling disappointed by how much free time the students were given in class: Four paraprofessionals were sitting along the perimeter of the classroom, two students were on a computer, one was lying over a large exercise ball, one was holding his visual schedule, asking the adults in the room, “What’s next?” and the other students were pacing around the classroom.

    Although separate special education classes for students with extensive support needs have long been viewed as critical for providing intensive individualized support and education, researchers have noted that these students may spend substantial portions of their school day engaged in noninstructional activities such as extended periods of games, choice or play time, movie viewing, or other activities unrelated to academic instruction. 

    To be sure, students with extensive support needs may have diverse cognitive, sensory, physical and communication needs that necessitate frequent breaks and more flexibility in the classroom. However, the question arises: How much is too much? Instructional time is equally vital in special education classes, enabling students to learn and acquire new skills.

    Having been a teacher in a special day class for students with extensive support needs for over 18 years, I (Sudha Krishnan) am painfully aware of the number of times classroom instruction has stalled. In a special day class environment, numerous distractions from instruction exist naturally as a part of the classroom setup. These may include disruptive student behaviors such as interruptions, loud sounds, screaming and interpersonal interactions that divert attention from instruction. At times, extreme behaviors may require evacuating the classroom to ensure everyone’s safety. Additionally, when paraeducators need to take breaks as per their contract, free or choice time may be allocated so that the few remaining staff need only supervise without providing instruction. Moreover, there are regular classroom interruptions by service providers like speech therapists, psychologists, occupational therapists or physical therapists — whether they do the therapy in class or pull students out for sessions in their offices. Bus delays at the start of the school day or early dismissals to accommodate bus schedules (to avoid disrupting pick-ups/drop-offs at other schools) may also reduce instructional time. Research suggests that such interruptions and distractions significantly disengage students and decrease instructional time in the classroom.

    Further, excessive unstructured time can pose unique challenges for students with significant disabilities. Overall, students benefit academically and behaviorally when meaningfully engaged in learning. Students may engage in unproductive or potentially harmful behaviors without proper guidance and supervision. Prolonged periods of free time without meaningful choices or structured activities may lead to boredom, frustration and disengagement, ultimately hindering overall development and progress. Finally, limited access to structured learning activities may impede academic progress and skill development, perpetuating educational disparities and hindering students’ ability to reach their full potential.

    There are many strategies that teachers can employ to provide breaks for students while engaging them productively. Structuring the free time to include peer models to play games or other activities could improve interactive play skills. Preferred activities that require fine or gross motor skills to get kids moving could increase engagement, and simply allowing the students to move outside could improve student performance throughout the day.  Providing simple visual schedules and structured activities may provide students with options to use their free-choice time meaningfully.

    There is also an urgent need for more research into and scrutiny of the amount of instructional time spent in special day classrooms for students with extensive support needs and the level of student engagement during this time. If parents can demonstrate that the school district failed to provide the instructional minutes stated in the individualized education plan, they may be provided compensatory education funded by the district, which can prove costly. Current research in this area has raised stark equity questions and challenged the fundamental design of special education.

    It’s time to confront these realities head-on and question whether special education has been designed in a way that leaves some students behind.

    •••

    Sudha Krishnan, Ed.D, is an assistant professor of special education at San Jose State University‘s Connie L. Lurie College of Education, and a Public Voices Fellow with The OpEd Project.

    Sara Caniglia-Schulte, Ed.D, is a lecturer at San Jose State University.

    The opinions in this commentary are those of the authors. If you would like to submit a commentary, please review our guidelines and contact us.





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  • Pope Leo Will Send a Video Message to Chicago Mass on Same Day as Trump’s Parade

    Pope Leo Will Send a Video Message to Chicago Mass on Same Day as Trump’s Parade


    I said I wouldn’t post anything on Saturdays or Sundays, but this is too good to pass up.

    Pope Leo will send a video message to Mass in Chicago at a large stadium on the same day that Trump ordered a military parade to celebrate his birthday.

    The Pope will probably address one million people. How many will attend Trump’s multi-million dollar parade?

    AlterNet calls this “Divine trolling.”

    I like Pope Leo more and more every day. He is devoted to the message of the Biblical Jesus: love, mercy, compassion, devotion to the well-being of every person. Heal the sick, comfort the suffering, feed the hungry, welcome the stranger.

    Republican Jesus has a different message: get rich by any means possible; ignore the sick and hungry; build your riches on the suffering of others; slam your door to the stranger; show no mercy to stragglers; love the unborn, inflict misery on the born; love your guns and keep them loaded.

    I ❤️ Pope Leo!



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  • Trump Posted Unhinged Ravings for Memorial Day

    Trump Posted Unhinged Ravings for Memorial Day


    It is Trump’s style to insult anyone who disagrees with him. Ever. He can never speak of “the honorable opposition” or his esteemed colleague with whom he disagrees. No, anyone who disagrees is a radical Marxist or a stupid fool or whatever epithet comes to mind.

    Here is his Memorial Day greeting to his fellow Americans and to those men and women who gave their lives to protect our country and its ideals:



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  • ‘The day I lost my house:’ School communities reel from Eaton, Palisades fires

    ‘The day I lost my house:’ School communities reel from Eaton, Palisades fires


    A parent and child embrace as students are welcomed to Brentwood Elementary Science Magnet on Jan. 15.

    Credit: Mallika Seshadri / EdSource

    Tanya Reyes, a teacher in the Los Angeles Unified School District, initially tried to befriend her reality. 

    But when her husband sent her a video of her Altadena home up in flames, and she heard him cry, she had to press pause. 

    “I’ve only watched parts of it, but I know at one point he starts crying. … It just felt surreal,” Reyes said. “We’re worried about our neighbors, worried about who’s safe, the peacocks that lived on our street.” 

    “I’m from Maui, so it feels like Lahaina, all over again.” 

    https://www.youtube.com/watch?v=e_GHxX9zQdI

    Tanya Reyes received this video from her husband, Antonio, which shows their house engulfed in flames.

    It was Wednesday, Jan. 8 — roughly 24 hours after she, her husband and three daughters unknowingly left their home for good and drove to a relative’s house in West Hollywood with just two items each and a few critical documents. 

    When it was finally time to break the news to her three daughters, Reyes asked: “What’s the most important thing that we have?” 

    She hoped the kids would come back with “each other.” 

    Instead, her daughters said: “A house!’” 

    “And then we told them, and my eldest daughter just kind of wanted to keep watching the video that he (her husband) had taken. And then, she started journaling ‘The day I lost my house,’ Reyes said. 

    “And then that night, from like 3 to 4:30 in the morning, my 3-year-old, who normally sleeps, spent the hour and a half telling me everything that she missed.” 

    Reyes, who works with pregnant girls and young mothers, is among thousands of teachers, staff and students across Los Angeles Unified School District (LAUSD )and Pasadena Unified reeling from evacuations and losses associated with the Palisades and Eaton fires that have ravaged nearly 60 square miles, including at least 10 schools — all while schools are reopening and attempting to restore a sense of normalcy to children who have lost everything. 

    Pasadena Unified looks to a gradual reopening

    Reyes isn’t just a teacher in the Los Angeles Unified School District. She’s also a mom of two students in Pasadena Unified, the hardest hit by the Eaton fire. 

    Longfellow Elementary, her daughters’ school, is one of the lucky ones that’s still standing.

    Five district-run schools and three of its charters schools are either seriously damaged or destroyed. 

    More than 1,300 employees in Pasadena Unified lived in evacuation zones, and Jonathan Gardner, the president of United Teachers of Pasadena, the teachers union, told The New York Times that roughly 300 had lost their homes. 

    The vast majority of students were displaced, too. Of Pasadena Unified’s 14,000 students, about 10,000 had to leave their homes, according to a district media release. 

    “In times of hardship, our district community has always shown remarkable strength and unity, and this time is no different,” board President Jennifer Hall Lee said in a statement. 

    “The challenges of the Eaton Fire have tested us in unthinkable ways,” she added. “Yet I am still struck by how much resilience and compassion I have seen from our community. This has truly been a testament to the spirit of Pasadena Unified.”

    A lot lies ahead on Pasadena Unified’s road to recovery. To begin a phased reopening, 10 of the district’s schools and programs that collectively serve over 3,400 students will reopen on Thursday, prioritizing schools that are furthest away from the fires and deemed safe through testing by the California Office of Emergency Services.

    A large-scale cleanup is also underway, involving the district’s maintenance and operations team and more than 1,500 contractors, according to the district. 

    So far, 82 tons of debris have been removed from schools, according to a media release issued Tuesday evening. 

    Pasadena Unified’s maintenance and operations team, working alongside more than 1,500 contractors, has been clearing debris and conducting extensive sanitization efforts to meet environmental and safety tests after the devastation caused by the Eaton fire.
    Credit: Pasadena Unified School District

    Meanwhile, the district welcomed back about 2,700 teachers, staff and administrators on Wednesday morning.

    “I’m really proud of my Longfellow Elementary,” Reyes said. 

    And when the staff at the low-income community school found out Reyes and her family had lost everything, they jumped in to help.

    “They sent out emails of everyone you could be in contact with: ‘here’s this person; here’s Connie; here’s Monica; here’s who can help you if you need help with anything.’”  

    Palisades Charter High School seeking a home

    Known for its appearances in films such as “Carrie” and “Freaky Friday,” Palisades Charter High School is a long way from reopening. 

    Roughly 40% of the campus was damaged or destroyed by the fires, according to the Los Angeles Times — but the school’s leaders are still seeking a temporary place to call home. 

    In the meantime, students will learn online. 

    “We have a unique opportunity to show the strength and resilience of our community in the face of adversity,” said Pamela Magee, the school’s principal and executive director, in a Jan. 13 media release. 

    “By coming together, we can ensure our students can stay in their learning environment, with their friends and mentors, at a time when they need it most.” 

    Students embark on a new normal at Los Angeles Unified 

    At 11:15 a.m. on Jan. 7, teachers and staff at Marquez Elementary School were informed they had to evacuate the school immediately. 

    A dark cloud of smoke hovered above the yard where everyone convened. They could see fires on the hillside. 

    Students, who ranged from 4-year-olds to third graders “were put on a school bus and sent out over to another school, where the parents were told they could pick them up,” said Wendy Connor, a veteran first grade teacher. “Half of (the kids) are crying. Half of them aren’t. They’re all trying to help each other.”

    Just over a week later, 353 of the 722 students who attended LAUSD’s Marquez Elementary and Palisades Charter Elementary resumed their school year — but there was nothing normal about their circumstances.

    Parents carry books and supplies into Brentwood Elementary Science Magnet on Jan. 15.
    Credit: Mallika Seshadri / EdSource

    Their schools had been burnt down. Some of them had also lost their homes, and now the students found themselves on a new campus altogether. 

    But the students made their transition as one class to Brentwood Elementary Science Magnet and Nora Sterry Elementary School. They are still learning from the same teachers and are studying alongside their same classmates.

    “Not one of them has said, ‘I don’t want to be here,’ or ‘I want to be with my mommy or my daddy,’” Connor said. “They’re all just like, ‘Oh, where do I line up? Let’s go! We’re ready to go!’”  

    However, she added, many students who lost their homes have not yet returned. And many parents and school employees remain concerned about the toll the fires will have on students’ mental health in the short term and the long run. 

    The district has compiled resources for LAUSD communities to access mental health resources, among other wraparound supports, including telehealth options, a 24/7 support line and access to wellness centers.

    Debra Duardo, Los Angeles County superintendent of schools, also emphasized the need to curb students’ social media use, so students are not watching videos repeatedly of homes and familiar spaces being burnt to ash. 

    She also said it is critical for parents and adults to stay calm and model positive coping strategies. 

    “They’re resilient, like you wouldn’t believe,” said Cecily Myart-Cruz, the president of UTLA, the district’s teachers union, speaking during an elementary school visit. “My son lost his father two years ago, just unexpectedly. And I’m in the throes of the ebbs and flows of grief. And that’s what I saw today.” 

    A first grader now at Nora Sterry Elementary drew his home surrounded by fire after returning to class on Jan. 15.
    Credit: Mallika Seshadri

    Teachers and staff across the district are struggling, too. 

    Of the 10% of UTLA’s members that had been assessed as of Jan. 15, Myart-Cruz said 539 members had been displaced, and the homes of 136 members were either destroyed or damaged. 

    Meanwhile, more than 100,000 teachers reported experiencing medical complications as a result of the fires, including respiratory issues, and more than 1,000 said they are unable to work because they are dealing with other extenuating circumstances, like helping family members who have lost their homes, according to Myart-Cruz.  

    While Connor’s home and family are safe, she admits to having much higher stress levels and a higher heart rate at times.

    Connor grew up in the Palisades — and is coming to terms with her loss — her childhood home, her old school and Marquez Elementary all gone. 

    But she is holding onto a glimmer of hope — three classrooms in the middle of Marquez Elementary remain standing. Her old room was one of them. 

    “I’ve been anxious trying to … go into the room and see if there’s anything I could save,” Connor said. “And then, I just had to put most feelings aside, so that I could get the (new) classroom ready and get going for the kids.”





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  • Thom Hartmann: The Day Democracy Died in the U.S.A.

    Thom Hartmann: The Day Democracy Died in the U.S.A.


    Thom Hartmann explains the significance of what Trump did to our democracy yesterday. He killed it. He sneered at the Declaration of Independence and the U.S. Constitution. He snuffed out the rule of law, which is the foundation of democracy.

    Thom Hartmann writes:

    Yesterday was the day democracy in our nation officially died.

    We no longer live in the America we grew up in: “The land of the free and the home of the brave.” The country the rest of the world looked up to and depended on. The country that claimed to follow the rule of law, and valued compassion and the protection of its most vulnerable people.

    We are now in the midst of an outright coup against the Constitution, against the United States, and against our founding ideals: Donald Trump proclaimed it yesterday when he openly defied the Supreme Court and our founding documents with a sneer, and his neofascist sycophants chuckled and giggled in the Oval Office.

    When Marco Rubio claimed that arresting and deporting a man legally living in the US was “foreign policy” that can’t be overseen by the Supreme Court and then congratulated himself on his cleverness.

    Kilmar Abrego Garcia, a legal U.S. resident who committed no crime, is now held in El Salvador’s most notorious concentration camp, where as many as 75 men are packed into cells designed for a fraction of that number. 

    Prisoners are not allowed outside — not for fresh air, not for exercise — and the fluorescent lights never go off. Food is minimal: plain rice or beans twice a day, with water. There is no possibility of appeal for him or the other 75,000 people El Salvadoran dictator Bukele has arrested and imprisoned without due process.

    This father of three US citizens, this husband of a US citizen, who had been in the US with the permission of our government, is today packed in with savage gang members — literally murderers and rapists — in one of the most infamous and violent prisons in the world.

    He has no access to legal counsel, no information about charges or release, and medical care is often denied except in extreme emergencies. Days blur into nights as men lie on concrete floors or sit in silence, many carving repetitive paths along the walls to stay sane. 

    Kilmar may be doing the same, clinging to routine, to hope, to anything that reminds him he once belonged to a country that promised justice.

    But then came the most lawless president in the history of America, who yesterday all but declared that we are no longer a constitutional democratic republic as long as he is president.

    Article I, Section 9 of the United States’ Constitution is unambiguous about habeas corpus, Latin for “produce the body,” which means no person can be imprisoned without first knowing the charges against them, being able to challenge those charges, and having a court of law decide their fate.

    This right embraced by our Founders and written into our Constitution literally dates back to the year 1215 when King John signed the Magna Carta at Runnymede, as Article I Section 9 clearly states:

    “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”

    (Trump is falsely and cynically claiming in an illegal Executive Order that the government of Venezuela has sent gang members to “invade” the US. Bizarrely, even if a court were to uphold this “invasion” gimmick, Kilmar Abrego Garcia is neither a gang member nor even a Venezuelan; he’s a citizen of El Salvador who’s lived in the US since he was 16, is a union worker and beloved member of his community, and was here legally.) 

    Fifth Amendment to the Constitution:

    “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury… nor be deprived of life, liberty, or property, without due process of law…”

    Sixth Amendment to the Constitution:

    “In all criminal prosecutionsb, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”

    Seventh Amendment to the Constitution:

    “[T]he right of trial by jury shall be preserved…”

    Eighth Amendment to the Constitution:

    “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

    Please point out to me where, in our Constitution, it says that the President of the United States or the Secretary of State can simply order a “person” (see 5th Amendment; nowhere does the word “citizen” appear) to be arrested and transported to a foreign hellhole concentration camp without a warrant, without an attorney, without a trial, and without even advance notice that might give him a chance to protest his innocence.

    An unanimous Supreme Court ruled last week that our Constitution, as quoted above, says exactly what it means and Trump must “facilitate” the return of Kilmar Abrego Garcia, who is not a criminal and has been denied all of the due process provisions detailed above in our Constitution and its amendments.

    Justice Sotomayor was explicit:

    “The Government’s argument, moreover, implies that it could deport and incarcerate any person, including U. S. citizens, without legal consequence, so long as it does so before a court can intervene. … 

    “[T]he proper remedy is to provide Abrego Garcia with all the process to which he would have been entitled had he not been unlawfully removed to El Salvador. That means the Government must comply with its obligation to provide Abrego Garcia with ‘due process of law,’ including notice and an opportunity to be heard… 

    “It must also comply with its obligations under the Convention Against Torture.”

    Trump’s response yesterday was a resounding, “Fuck you” to our courts, our Constitution, and our laws. And to the millions of American citizens who are frightened by his systematic dismantling of our legal system.

    It was an open assertion by Trump that he can do anything he wants, no matter how unlawful or unconstitutional, without fear of consequences. That he has successfully staged a coup against the government of the United States and her laws and has every intention of running this country like Russia or Hungary.

    And not only that, he told El Salvador’s authoritarian president Bukele that the people he next wants to send to his slave labor camp are American citizens like you and me:

    “Home grown criminals. Home growns are next. You gotta build about five more places. It’s not big enough.”

    Which brings us to a frightening echo of Jefferson’s objections to the “tyranny” of King George II, as outlined in the Declaration of Independence he authored and was signed on July 4, 1776:

    “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed

    “The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

    He has refused his Assent to Laws, the most wholesome and necessary for the public good. …

    “He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers. …

    “He has made Judges dependent on his Will alone

    “He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws

    “For depriving us in many cases, of the benefits of Trial by Jury:

    “For transporting us beyond Seas to be tried for pretended offences: …

    “For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments: …

    “In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.” (emphasis added)

    If Trump and his ass-kissing lackeys aren’t stopped by public outrage, our courts, and our Constitution and laws, then America has ceased to be a functioning republic and the future is unknowable but certainly grim.

    That would be, the Declaration says, the very definition of tyranny. As Senator Chris Murphy just posted to Bluesky:

    “You may not think this case matters to you. But Abrego Garcia was legally in the U.S., just like all the rest of us. His status as an immigrant doesn’t matter as a matter of law. If Trump can lock up or remove ANYONE — no matter what the courts say — we are all at grave risk.”

    Trump should be impeached for his defiance of the Supreme Court and our Constitution. For spitting in the face of our Founders and every American veteran who has ever fought (or died) for this country and it’s ideals. For using foreign concentration camps.

    Tragically, however, Republicans in Congress and across the country are now fully in on the coup. They have chosen an egomaniacal, self-centered narcissist and his billionaire friends over their integrity, country, and their oath of office.

    Show up in the streets this coming Saturday and reach out to your elected representatives to demand a return to the rule of law. 

    The number for Congress is 202-224-3121, at least for the moment; like with Social Security, Trump may cut that phone number off any day now, too. 



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