Posts Tagged ‘ Don McLEroy ’

Texas Textbook Massacre: Can the Courts Do Anything?

Wednesday, June 2nd, 2010
Michelle Kobler



Michelle Kobler is an immigration clinic student-attorney and a law student in her final year at The George Washington University Law School. Prior to attending law school, Kobler was the Washington Program outreach manager and special advisor to the president at Third Way.

by Michelle Kobler

Two weeks ago, the Texas School Board voted to ratify, 9-5, drastic textbook changes in their state primary education curriculum after a month of “open commentary” from the public. The changes revisit basic understandings of American history, social studies and economic thought in unprecedented ways.

In a purported attempt to neutralize the pervasive “liberal bias” supposedly present in public education, the Texas School Board approved the insertion and inflation of conservative ideals, values and historical icons (Jefferson Davis, Phyllis Schlafly, Joe McCarthy) in textbooks. The modifications also seek to downplay the intentional separation of church and state by emphasizing the Judeo-Christian faith of the nation’s founders.

At the time the changes were originally proposed, the 15-member Texas School Board boasted 10 Republicans, 7 of which were far-right conservatives. These conservatives undertook a concerted campaign to rewrite the textbook curriculum late last year. Ironically, as Jeremy Binckes notes, three board members who voted for the changes don’t even use the Texas public school system, opting instead for private or home schooling.

What’s most disconcerting about these alterations is the impact they may have on the national education system. As one of the nation’s largest purchasers of public textbooks, Texas’ revisions could alter the content of textbooks distributed nationwide.

What recourse do progressives have to beat back the encroaching, fanatic know-nothingism of the fringe right? Unfortunately, judicial mechanisms may prove unhelpful. Most courts have historically recognized the right of local education boards to create a standard curriculum of its own accord. These local boards are also granted broad discretion in adopting uniform textbooks for their respective public schools. Anyone seeking to judicially contest Texas’s revisions must make the case that the modifications infringe their constitutional rights. This isn’t an easy task.

In 1980, Indiana students brought a case in the 7th Circuit claiming that the removal of books from the school library and ensuing changes to the English curriculum violated their First Amendment protections of “freedom of speech” and the corresponding “freedom to hear.” The court dismissed these claims as failing to meet the constitutional threshold, and reminded the plaintiffs that the Constitution does not permit courts to interfere with the discretion of local authorities unless some really overt indoctrination is happening.

Two years later, the Supreme Court took up the issue of teachers banning books from school libraries. In a 5-4 vote, the majority concluded that banning of books did violate a student’s First Amendment rights. Justice Brennan warned school officials they could not remove books in an effort to restrict general access to political or social ideas that they disagreed with. However, in the same opinion, Justice Brennan also recognized that local boards have “absolute discretion in matters of curriculum.”

The Texas School Board’s amendments walk a fine line between these distinctions. Will their absolute authority over curriculum legally outweigh their obvious intent to revise history on the basis of their political views?

The jury’s still out. Consequently, states and progressives seeking to protect themselves from Texas’ influence will have to use other means. The New York Times reports that California legislators have drafted a bill requiring their state school boards ensure their own textbooks don’t show remnants of the Texas changes. In the same article, NAACP President Benjamin Jealous expressed an intention to fend off the Texas changes — although he doesn’t mention how.

As for Texas, the past month of public commentary has revealed the community’s outrage and concern. Despite their final ratification vote, there are early indications that progressives can take back the Texas School Board of Education from the hard right voting bloc. The former head of the textbook revision movement, Don McLeroy, lost his re-election bid to a more moderate Republican, and is no longer part of the school board. Fellow revisionist enthusiast, Cynthia Dunbar, is not seeking re-election. Absent any clear judicial recourse, Texan progressives will have to further capitalize on the backlash generated by the national spotlight and continue their efforts to overturn the instituted reforms.

Photo credit: Wohnai’s Photostream

Culture Wars Live On In Texas

Tuesday, February 16th, 2010
Ed Kilgore



Ed Kilgore is a PPI senior fellow, as well as managing editor of The Democratic Strategist, an online forum.

by Ed Kilgore

The CW these days is that with Americans having real (i.e., economic) problems to worry about, they’re no longer inclined to engage in “culture wars” over abortion, church-state separation, GLBT issues, etc. Aside from the rather insulting premise that struggles over personal freedom, equality, and for some combatants, the structure of the universe and the definition and meaning of human life are less important to people than real growth percentages, it’s not actually true. Cultural issues are less visible in Washington for the simple reason that Democrats control the congressional agenda (if not always the results), and are generally either uniniterested in or divided over cultural issues. (This doesn’t, of course, keep conservatives from claiming that health care reform legislation is actually designed to promote both abortion and euthanasia).

Outside Washington, however, the culture wars often rage on. For a good example, check out a long, fascinating piece by Russell Shorto that appeared in the the latest New York Times Magazine, on the Texas State School Board’s ongoing struggles over public school curriculum and textbook content.

As you may know, Christian Right leaders in the late 1980s, frustrated by the limited ROI from their involvement in national politics, encouraged their followers to run for local office, particularly school boards, in an effort to promote theocratic thinking from the ground up and from early childhood on. The bitter fruit of this strategy is most on display in Texas, where self-consciously Christian conservatives running as Republicans captured the State Board of Education in the late 1990s.

Shorto explains in detail how the Board’s Christian Right bloc pores over textbook content in periodic reviews, usually offering hundreds of amendments to recommendations made by expert panels (which are themselves being skewed towards theocratic views). He also notes that these activities have an impact far beyond Texas, since the state’s gigantic market heavily influences how textbook companies operate nationally. That the Christian Right bloc is interested in religio-political rather than educational goals is best exemplified by the presence on the Board of Cynthia Dunbar, who commutes once a week from Texas to Lynchburg, Virginia, to teach at the late Jerry Fallwell’s Liberty University School of Law. Among other things, Dunbar has publicly denounced the very existence of public schools, and said sending one’s children to them (she didn’t, of course) is like “throwing them into the enemy’s flames, even as the children of Israel threw their children to Moloch.” Just the kind of person you want supervising an entire state’s public schools.

Most interestingly, Shorto demonstrates that the ultimate goal of the Christian Right bloc on the Board goes well beyond such headline issues as the teaching of “scientific creationism” or church-state separation hot buttons. They are mainly, as Dunbar puts it, focused on embuing students’ understanding of American history and law with a “biblical worldview.” That means, in practice, emphatically teaching such distinctly non-biblical principles as “American exceptionalism” (which for these folks means America’s divine mission to Christianize the world, by military means if necessary), limited government, and absolute property rights. It’s a very political–one might even say secular–agenda that happens to coincide nicely with the long-range agenda of the secular as well as the religious Right. And it’s an excellent example of how in Conservativeland cultural and economic issues cannot be neatly separated. If God’s a hard money man, an anti-tax activist, and a neocon, then the whole idea of a “Christian Nation” has implications significantly broader than municipal Christmas creches, or even abortion and LGBT equality.

Shorto suggests that the extremism of the Texas State School Board has been controversial even among conservative Republicans, and points to a Republican primary challenge to Board member Don McLeroy (a dentist whose especially heavy hand with science textbooks led to his removal as Board chairman by the state senate) on March 3 as a bellwether:

If Don McLeroy loses, it could signal that the Christian right’s recent power surge has begun to wane. But it probably won’t affect the next generation of schoolbooks. The current board remains in place until next January. By then, decisions on what goes in the Texas curriculum guidelines will be history.

I’d say McLeroy’s defeat, if it happens, is more likely to produce a shift in Christian Right tactics than any real loss of power. But I’ll probably be watching his numbers on March 3 as avidly as I watch the gubernatorial primary battle between Tea Party favorite Rick Perry and U.S. Sen. Kay Bailey Hutchiston. In good times and bad, the culture wars abide.

This item is cross-posted at The Democratic Strategist.