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The House Moves to Regulate Pardon Power Abuse Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=53468"><span class="small">Bob Bauer and Jack Goldsmith, Lawfare</span></a>   
Friday, 24 July 2020 12:29

Excerpt: "In a post in February, we explained why the president's Article II pardon power is not as 'absolute' as advertised, and argued that 'there are limits Congress may and should impose on at least some exercises of the pardon power.'"

Roger Stone leaves federal court, Feb. 1, 2019, in Washington. (photo: Andrew Harnik/AP)
Roger Stone leaves federal court, Feb. 1, 2019, in Washington. (photo: Andrew Harnik/AP)


The House Moves to Regulate Pardon Power Abuse

By Bob Bauer and Jack Goldsmith, Lawfare

24 July 20

 

n a post in February, we explained why the president’s Article II pardon power is not as “absolute” as advertised, and argued that “there are limits Congress may and should impose on at least some exercises of the pardon power.” (We have much more to say on this topic in a book out in September on presidential power reform.) On July 22, members of Congress introduced two bills that take some of the steps we discussed toward limiting abuses of the pardon power.

***

Rep. Adam Schiff’s bill, entitled “Abuse of the Pardon Prevention Act,” would do two basic things. First, for pardons for a “covered offense,” it would require the attorney general to submit to designated congressional committees all Justice Department materials related to the prosecution for which the individual was pardoned and all materials related to the pardon. It would also require the president to submit to the relevant committees all pardon-related materials within the Executive Office of the President. Covered offenses include offenses against the United States arising “from an investigation in which the President, or a relative of the President, is a target, subject, or witness”; offenses related to refusals to testify or produce papers to Congress; and offenses under 18 U.S.C. § 1001 (false statements), § 1505 (obstruction), § 1512 (witness tampering) or § 1621 (perjury), if the offense related to a congressional proceeding or investigation.

Second, the Schiff bill would criminalize bribery in connection with the issuance of a pardon. It would do so by amending the criminal prohibition on bribery, 18 U.S.C. § 201, to apply it with a plain statement to the president and vice president, and by making clear that under the bribery statute, the granting of a pardon or commutation is an “official act” and any such act of clemency is also “anything of value.” In effect, this amendment would criminalize the offer of a grant, or the grant, of pardons as part of a corrupt exchange.

In addition, Rep. Jamie Raskin introduced a bill that would “declare presidential self-pardons invalid.” It would provide: “The President’s grant of a pardon to himself or herself is void and of no effect, and shall not deprive the courts of jurisdiction, or operate to confer on the President any legal immunity from investigation or prosecution.”

***

Congressional staff who had read our previous post on this subject asked us for more detail on our views, and we consulted with them on how these reforms might be structured. In a nutshell, here is what we think about the new bills.

First, it is pretty clear that Congress has the authority to criminalize a pardon that a president issued as a bribe. As we explained previously:

A pardon or commutation may be “absolute” for the beneficiary. But it would not in any way afford the president, as the grantor, immunity from commission of a crime in connection with granting a pardon, nor would it cover any such separate crime committed by the grantee. Congress could, for example, make it a crime for the president and the grantee to engage in a bribery scheme in which the grantee makes a personal payment or campaign contribution as part of an explicit quid pro quo arrangement. The president’s subsequent pardon or commutation would remain fully in effect for the offense pardoned, in accordance with the Pardon Clause. But the law would apply to the independent criminal acts committed by the president and the grantee in the course of reaching an illegal agreement about the terms on which a pardon would be granted. Congress can similarly criminalize the use of the pardon to undermine a judicial proceeding, which the president might do by offering it as a means of inducing false testimony.

Schiff’s anti-bribery proposal does not purport to limit the president’s power to pardon. A pardon as part of a bribe would relieve the recipient of the consequences of the past crime. But it would also constitute a separate crime for which the president and the recipient could be punished.

Note that the Justice Department has twice stated that the president can be prosecuted for bribery. The more recent of these opinions, issued in October 1995, stated: “Application of [the bribery statute, 18 U.S.C. § 201, to the president] raises no separation of powers question, let alone a serious one.” The reason, the Office of Legal Counsel explained, is that the “Constitution confers no power in the President to receive bribes,” since it “specifically forbids any increase in the President’s compensation for his service while he is in office, which is what a bribe would function to do,” and since “the Constitution expressly authorizes Congress to impeach the President for, inter alia, bribery.”

Second, the prohibition on self-pardons is a useful and important exercise of Article I power. Article II does not expressly address the question of whether a president can pardon himself or herself. Commentators are widely split on the question. The Office of Legal Counsel in 1974 proclaimed: “Under the fundamental rule that no one may be a judge in his own case, the President cannot pardon himself.” The matter must ultimately be resolved, if ever, by courts testing the validity of a self-pardon in the course of an investigation or prosecution of a prior president. Even though courts have final say, Congress’s judgment on the legality of self-pardons matters for two reasons. First, it might be relevant to a court’s interpretation of Article II, just as the executive branch view might. This is why our proposed prohibition on self-pardons in our forthcoming book contemplates a more elaborate effort by Congress to set forth its constitutional views. Second, this legislation can shape executive branch norms even if its constitutionality is never tested.

Third, the reporting duty in the Schiff bill is harder to justify on constitutional grounds. The president’s pardon power is extraordinarily broad, even if it can be regulated in carefully targeted ways collateral to its exercise, as in Schiff’s bribery proposal. The reporting requirement, however, would demand the intimate papers and deliberations of the executive branch concerning a core presidential power in situations that go far beyond pardons for bribes. It therefore may not hold up under judicial scrutiny.

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Joint Statement From Progressive National Organizations: Vote on Pentagon Budget Shows Divide Between Top VP Contenders Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=55279"><span class="small">Progressive National Organizations</span></a>   
Friday, 24 July 2020 12:29

Excerpt: "This week's congressional vote on an amendment to cut the bloated Pentagon budget by 10 percent and reallocate the money to poor and working-class Americans revealed the sharp divide between the centrist and progressive wings of Democratic Party, and between some of the top contenders who are reportedly on Joe Biden's short list to be his running mate."

Possible running mates for Joe Biden include, clockwise from top left: Sen. Kamala Harris, Rep. Karen Bass, Susan Rice, Sen. Elizabeth Warren, Rep. Val Demings and Sen. Tammy Duckworth. (photo: LA Times)
Possible running mates for Joe Biden include, clockwise from top left: Sen. Kamala Harris, Rep. Karen Bass, Susan Rice, Sen. Elizabeth Warren, Rep. Val Demings and Sen. Tammy Duckworth. (photo: LA Times)


Joint Statement From Progressive National Organizations: Vote on Pentagon Budget Shows Divide Between Top VP Contenders

By Progressive National Organizations

24 July 20

 

hree prominent national progressive organizations -- Our Revolution, Progressive Democrats of America and RootsAction.org -- released the following joint statement Thursday evening:

This week's congressional vote on an amendment to cut the bloated Pentagon budget by 10 percent and reallocate the money to poor and working-class Americans revealed the sharp divide between the centrist and progressive wings of Democratic Party, and between some of the top contenders who are reportedly on Joe Biden’s short list to be his running mate.

According to a poll by Data for Progress, 56 percent of Americans supported the measure while only 27 percent opposed. Among Democrats the result was even more of a landslide, with 69 percent support versus 19 percent opposing.

Yet four of the members of Congress being vetted by Joe Biden as a potential vice-presidential nominee voted against the wishes of the vast majority of Democrats: Senators Kamala Harris, Tammy Duckworth and Maggie Hassan, and Representative Val Demings.

In sharp contrast, the three progressives on Biden's short list stood up to the military industry and voted in harmony with the views of a strong majority of Americans. Those three were Senator Elizabeth Warren, Senator Tammy Baldwin and Representative Karen Bass.

The progressive wing of the Democratic Party has the overwhelming support of Democrats on this issue -- and on many others as well, such as healthcare, environmental, economic and racial justice policies.

Clearly, Senators Harris, Duckworth or Hassan or Rep. Demings would be the wrong choice for vice president.

Senators Warren and Baldwin or Representative Bass would help unify the party, as well as attract swing voters who want a Democratic ticket committed to the interests of the American people.

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FOCUS: What Should We Do With Racist Sports Team Owners? Call Them Out Relentlessly Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=52451"><span class="small">Kareem Abdul-Jabbar, Guardian UK</span></a>   
Friday, 24 July 2020 11:46

Abdul-Jabbar writes: "Not all monuments to our racist past are made of bronze or flutter on flagpoles."

Kareem Abdul-Jabbar. (photo: John Nienhuis/United Way)
Kareem Abdul-Jabbar. (photo: John Nienhuis/United Way)


What Should We Do With Racist Sports Team Owners? Call Them Out Relentlessly

By Kareem Abdul-Jabbar, Guardian UK

24 July 20


Owners like Kelly Loeffler, Dan Snyder and Woody Johnson shouldn’t be pushed out for their views, but for their behavior if that behavior promotes hate toward marginalized groups

ot all monuments to our racist past are made of bronze or flutter on flagpoles. In sports, the offensive monuments are clueless owners of teams who may look like flesh and blood, but when it comes to embodying the racism of those hastily removed Confederate generals, they still sit high upon their pigeon-befouled pedestals. They are as frozen in time and as impervious to social change as their metal counterparts.

The recent mass protests across the country calling for racial equity seems to have achieved some progress toward the elimination of systemic racism. Public statements were issued. Money was donated. Pledges were made. In the sports world, many teams spoke out eloquently in support of Black Lives Matter and launched programs to prove their sincerity. The professional sports world has tapped into the overwhelming and very public zeitgeist of protestors seeking equity for all. But, as many long-time activists like myself have warned, we have to be careful of those owners who seem to be biding their time for all this social consciousness to be gone with the wind.

The NFL’s non-response to allegations that Woody Johnson, Jets owner and Trump-appointed ambassador to the UK, consistently made racist and sexist comments is a clear indication why black Americans need to remain guarded when counting up the members of their team. On 4 Junae 2020, NFL commissioner Roger Goodell issued a statement admitting the NFL was wrong in not supporting peaceful protest. But the NFL’s response to Johnson’s racism is this terse email: “We are aware of the report and would refer you to the State Department.” Yup, that’s the whole thing. If they really wanted to demonstrate their commitment to rooting out racism in their own ranks, they should have issued this statement: “An urgent non-partisan investigation needs to be conducted. If the allegations prove true, Woody Johnson should be immediately withdrawn as ambassador because he does not represent the highest values of the United States Constitution or the American people. And he should be removed as a team owner because he does not meet the NFL standards of inclusivity, decency, and respect for others.” It’s not that hard to be consistent in your support of what’s right and just. Just don’t check with your accountant first.

Dan Snyder, the owner of Washington’s NFL team, has long been under attack for his racial insensitivity and cultural tone-deafness. In 2013, he told a USA Today reporter, “We’ll never change the name. It’s that simple. NEVER – you can use caps.” He actually fought for his right to insult Native Americans all the way to the US Supreme Court and won. Not until this year, after weeks of national protests about racial inequities, did investors and sponsors like FedEx, Nike and PepsiCo apply enough pressure for Snyder to agree to the name change, now temporarily called “Washington Football Team”.

But, if the Snyder reign of racism is on sabbatical, it now faces accusations of misogyny as 15 former employees and two journalists charge former team officials with sexual harassment and verbal abuse. Although Snyder has not personally been cited, Shaunna Thomas, co-founder of the women’s advocacy group UltraViolet, issued this statement: “Daniel Snyder has enabled, encouraged and fostered a hostile workplace and toxic culture for women. He must go. If the NFL is serious about cleaning up its act, they will force Snyder to sell the team.” NFL insiders agree that his removal is unlikely since he wasn’t directly involved. An investigation is taking place and Snyder has vowed to set “a new culture and standard for our team”. Maybe. He didn’t seem to endorse any cultural standard when he ignored Native American protests for so long.

Georgia senator Kelly Loeffler, a close ally of Trump and co-owner of the WNBA’s Atlanta Dream, thinks players seeking social justice may put off some fans, which is a bottom-line analysis rather than a passion to do the right thing. Loeffler reads from the same dog-eared playbook of most racists-in-denial pontificating from their plantation porch. She first claims she’s not racist, then delivers massively inaccurate justifications for being selectively racist: “There’s no room for racism in this country, and we have to root it out where it exists. But there’s a political organization called Black Lives Matter that I think is very important to make the distinction between their aim and where we are as a country at this moment. The Black Lives Matter political organization advocates things like defunding and abolishing the police, abolishing our military, emptying our prisons, destroying the nuclear family. It promotes violence and antisemitism. To me, this is not what our league stands for.” It’s disturbing that she doesn’t know (or does know and prefers lying) that Black Lives Matter is not a monolithic organization but an affiliation of activist groups. She chooses to spout fear-inducing lies to rally racists: Abolish police? Abolish military? Empty prisons? Destroy the nuclear family? Being truth-challenged is one reason the WNBA players’ association has asked the commissioner to remove Loeffler as a co-owner.

If we were to “root it out where it exists”, we would start with Loeffler, Dan Snyder and Woody Johnson. Which brings up the question of what to do with racists who own sports teams. Loeffler insists, “They can’t push me out for my views. I intend to own the team. I am not going.” I agree that owners shouldn’t be pushed out for their views, but for their behavior if that behavior promotes hate toward marginalized groups, because we know that such hate often leads to violence against them. Even when it doesn’t directly lead to violence, it perpetuates the lies and prejudices that allow people to ignore the inequities in education, health, voting and jobs that these people face. Which is why we need to call them out publicly and relentlessly, if not to change their minds, then to change their public behavior.

If owners want to keep their teams, they should keep their racist, misogynistic, homophobic and xenophobic views to themselves. Once they choose to state them publicly, they are knowingly attempting to influence people’s opinions and actions. If that influence fuels hatred and prejudice, they deserve to be pulled down along with all the other vile and outdated monuments to injustice and self-interest. And whenever they speak out on their commitment to racial equality, we have to remember what James Baldwin said: “I can’t believe what you say, because I see what you do.”

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FOCUS: Joe Biden Just Made a Big Promise to His Wall Street Donors Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=54307"><span class="small">David Sirota, Jacobin</span></a>   
Friday, 24 July 2020 11:05

Excerpt: "Two weeks after being lauded for his task force policies, Joe Biden promised wealthy campaign contributors that changing corporate behavior 'is not going to require legislation - I'm not proposing any.' The Left should be worried."

Joe Biden speaks during the Presidential Gun Sense Forum in Des Moines, Iowa. (photo: Scott Morgan/Reuters)
Joe Biden speaks during the Presidential Gun Sense Forum in Des Moines, Iowa. (photo: Scott Morgan/Reuters)


Joe Biden Just Made a Big Promise to His Wall Street Donors

By David Sirota, Jacobin

24 July 20


Two weeks after being lauded for his task force policies, Joe Biden promised wealthy campaign contributors that changing corporate behavior “is not going to require legislation — I’m not proposing any.” The Left should be worried.

wo weeks ago, Joe Biden rightly received praise for creating policy task forces that released a package of progressive legislative initiatives. The proposals augmented Biden’s previous legislative initiatives to change corporate behavior. The task forces were meant to unify the Democratic Party after the primary, and their recommendations were blared all over the world in glowing headlines promising an era of progressive change under a Biden administration.

Then, this past Monday, Biden told his Wall Street donors that actually, he is not proposing any new legislation to rein in corporate power or change corporate behavior — and this was reported exactly nowhere, even as his campaign blasted it out to the national press corps.

You don’t have to believe me — you can click here to read the full pool report that the Biden campaign distributed to the press after his teleconference fundraiser. That event was headlined by Jon Gray, a top executive at the Blackstone Group, which is a private equity behemoth at the center of the climate, health care, housing, and pension crises. Blackstone executives had already donated $130,000 to the Biden campaign and $350,000 to a super PAC supporting him.

Here’s the relevant section, reviewing what Biden said:

Second question, again from Mr. Gray, who noted that there are “a bunch of business leaders” on the line. “What do you think is essential to get this economy rolling again?”

“I come from the corporate state of American, many of you incorporated here,” said Mr. Biden. “It used to be that corporate America had a sense of responsibility beyond just CEO salaries and shareholders.”

“Corporate America has to change its ways. It’s not going to require legislation. I’m not proposing any. We’ve got to think about how we deal people back in.”

There’s an obvious contradiction here. Before making these comments, Biden had previously promised to pass legislative initiatives to change corporate behavior on everything from climate change to tax policy. He has an entire section of his website outlining promises to pass corporate accountability legislation. He has received praise for these kind of promises.

But now he’s telling his donors they can rest assured that legislation to change corporate behavior is not forthcoming. Indeed, read Biden’s comment again: “It’s not going to require legislation. I’m not proposing any.”

Now, sure, you can try to write this off as just another gaffe — good ol’ Joe being good ol’ Joe. But it is part of a pattern.

Biden had previously promised his wealthy donors that if he is elected, “nothing would fundamentally change.” He insisted that we don’t need a political revolution in America because that might “disrupt everything.”

That was in the halcyon days before the coronavirus — so maybe you can try to write off all that rhetoric as pre-pandemic malarkey.

But now we’re in the middle of multiple emergencies, when real change is so obviously and desperately needed, and when lawmakers like senators Bernie Sanders and Elizabeth Warren both have legislation already drafted that would start challenging corporate power.

And yet, at a time when private health insurance companies are making a jackpot off a pandemic, and when oil companies are creating a climate crisis that threatens the planet’s ecosystem, the presumptive Democratic nominee is doubling down, literally telling his donors that he is “not proposing any” legislation to change corporate America.

It’s breathtaking.

I’ve said this before and will say it again for those who need to hear it: I personally believe Donald Trump must be defeated, because he is actively making so many terrible crises so much worse.

However, I agree with Princeton University professor and MSNBC contributor Eddie Glaude Jr, who tweeted: “If I am alive in November I plan to vote for Joe Biden. That does not mean that until then I have lost all my critical faculties. I don’t approach politics like a sports fan.”

In his comment to donors yesterday, Biden did not just make a mockery of his own task forces and all their good work. He made clear that if he wins — and if progressives then pull a 2009 by once again standing down and deferring to the new Democratic president — then we should expect that, indeed, nothing will fundamentally change.

And if nothing fundamentally changes during the next Democratic administration, it’s a good bet that everything will fundamentally change for the worse in our economy, our society, our politics, and our world.

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Reopening Schools Is Way Harder Than It Should Be Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=55224"><span class="small">Sarah Darville, Chalkbeat and The New York Times</span></a>   
Thursday, 23 July 2020 12:52

Darville writes: "Of all the American institutions the pandemic has shut down, none face pressure to reopen quite like schools do."

School buses. (photo: Matthew J. Lee/Boston Globe)
School buses. (photo: Matthew J. Lee/Boston Globe)


Reopening Schools Is Way Harder Than It Should Be

By Sarah Darville, Chalkbeat and The New York Times

23 July 20

 


So is leaving them closed. Now what?

f all the American institutions the pandemic has shut down, none face pressure to reopen quite like schools do. Pediatricians exhort schools to open their doors wherever possible or risk developmental harm to kids. Working parents, particularly mothers, are in crisis, worried about having to leave the work force altogether in the absence of a place to send their young children each day. And President Trump is campaigning for schools to reopen, threatening to withhold funding if they don’t.

The pressure has mounted as school districts have made it clear that they can do no such thing. Across the country — including in Phoenix, Houston, and a huge chunk of California, where coronavirus cases are rapidly rising — schools are preparing their students and staffs for a continuation of the “remote learning” that began in the spring. In New York City and Chicago, where the virus is more under control, schools are moving toward a hybrid option with remote learning some days, in-person school others. Even in places like Detroit and Memphis, where districts plan to offer in-person school for those who want it, local leaders could change course if virus cases rise; they also have yet to figure out what to do if too many worried teachers or students opt out.

Outrage over schools’ inability to fully reopen should not, of course, be directed at schools themselves, but at the public health failure that makes it impossible for most of them to do so. The consequences of closed or half-open schools, meanwhile, are far vaster than the brutal economic challenge facing working parents and their employers. That’s because schools do much more than provide child care. They provide education, fundamentally. But as the pandemic has made clear, they also provide meals, social connection and health services.

Meeting any one of these needs in normal times through a single institution is a struggle. Add in an out-of-control pandemic that multiplied the number of children who are not getting enough to eat to 14 million, made in-person teaching a health gamble and threw off the learning trajectory of every child in America — all while creating huge projected budget shortfalls for schools — and you have a “train wreck,” said David K. Cohen, a visiting professor of education at Harvard.

Compounding the difficulty is the fact that schools are run locally, autonomy the Trump administration has taken to new extremes by offering reopening instructions that amount to, “good luck.” As a result, many of the country’s 13,000-plus school districts have been left alone to navigate everything from finding masks to deciding what safe classrooms look like — not to mention how to offer widespread and safe food distribution and personalized emotional support in the absence of physical gathering space.

“If you wanted to invent a really weak organization to do all of those things, it would be schools,” Cohen said. “But the reality is, schools are what families have. Especially poor families and Black and brown families.”

So if the first sin was failing to control the pandemic, the second was letting the virus run wild in a country ill suited to handle the cascading consequences. The people left to figure it out are superintendents, school board members, teachers and parents, for whom that simple word “reopen” actually entails a dizzying array of interlocking problems. The people who will pay the eventual price are America’s children, for years to come.

Let’s start with child care, which translates, at the barest minimum, to providing every child with a safe place to go so their parents can work and so that they can learn. For schools to play that role, they require two basic ingredients: sufficient physical space and willing and capable adult caregivers. But how much space and how many adults?

That calculation starts with public health considerations. Exactly what part open schools play in spreading the virus is still unknown, but new research suggests that kids age 10 to 19 can transmit it at rates similar to adults. And with case numbers still rising in the United States, school reopenings in places like Denmark that have contained the virus aren’t fitting guides to what would lie ahead here if districts heeded Trump’s call to bring students back.

One way to mitigate concern is to enforce physical distancing rules, along with mandates for masks and strict hygiene. The Centers for Disease Control and Prevention has suggested schools keep students 6 feet apart where feasible, a caveat at the root of school leaders’ confusion. The American Academy of Pediatrics has suggested just 3 feet may be OK, especially with masks, citing the challenge of distancing in schools and the downsides of remote learning.

Skyrocketing cases in some parts of the country have rendered this conversation moot, with school districts and health departments deciding they cannot take the risk of opening school doors at all. But even if other districts decide they can open, superintendents have to take into account two other variables in addition to space: parents’ willingness to send their children to in-person school and teachers’ willingness to show up and teach them.

These considerations can be in direct tension. The more children who want to go to school, the more teachers needed to teach them. And both families and teachers are more likely to want to go if schools take more precautions, like promising 6 feet of separation. But the more precautions schools take, the fewer students they can welcome into each building. Even more complicated, preferences are likely to change multiple times throughout the year, as families and educators reassess the spread of the virus in their community and their personal risk tolerance.

Jason Kamras, the schools chief in Richmond, Va., recently likened the entire conundrum to “playing a game of 3-D chess while standing on one leg in the middle of a hurricane.”

“I have families emailing me that they are desperate for their kids to be back in school,” he said. “And also some families who, if their kids are not in school, they are going to lose their jobs and lose their homes. Then I have families emailing me, understandably, saying they have somebody at home who has a compromised immune system and they’re terrified to send their kids.” (Richmond schools are now set to start the school year online.)

Nationally, despite the looming child care challenge, a vast majority of parents remain skeptical of a return to in-person school. In a recent survey, nearly three-quarters of parents called going back into school buildings a “large to moderate” risk for their children, and the numbers were even higher for Black parents and Hispanic parents.

Teachers are also wary. They know more than most how much students and their families need school. “I 100% want to be with my kids,” said Kathleen McGinness-Grimes, a ninth-grade algebra teacher at a Bronx high school. “I know that they do better in person.”

But teachers did not sign up to prop up the economy by providing child care while putting their health and the health of their families at risk. And romantic portrayals of teaching as a calling obscure the reality that, vocation or not, teachers are also workers who have received few assurances about job safety. School districts are still working out who will be able to work from home, what protective equipment they can provide, how students will be grouped and how infections will be handled.

“Honestly, we’ve had times where there’s no soap in bathrooms. We’ve had no hot water in the building,” McGinness-Grimes said. “I don’t feel safe.”

In Detroit, the schools superintendent, Nikolai Vitti, wants to offer in-person schooling five days a week to those who want it, with an online option for those who don’t. He says he thinks that only half of families will choose physical school, allowing for plenty of social distancing. But he worries teachers’ concerns could make that impossible — for reasons he understands, even if they frustrate him.

Imagining the thought process of a teacher, he said, “If we’re in a non-Covid environment and I have to buy pencils for my children, and my school doesn’t have enough guidance counselors and social workers, and class sizes are large, then how in the world can I trust school systems to get this right in a Covid environment?”

One possible compromise: Some districts are considering providing full-time or nearly full-time in-person school to elementary school students, for whom at-home supervision is most taxing and, according to early evidence, virus transmission is least likely.

The uncertainty around space and safety has driven some districts to a hybrid schedule, where students spend some days in school and other days learning at home, allowing for far fewer students per classroom. One of the many permutations New York City schools can choose from would have students going to their schools just five days in a three-week stretch: Tuesday and Thursday one week, Monday and Thursday the second week, and just Thursday the third week.

The hybrid approach comes up short for many parents. Debra Morello, who lives in the Bronx, works for a meat distributor and has sent her 5-year-old daughter to one of New York City’s centers for children of essential workers for the last several months. If those centers go away, and her daughter is welcome in school buildings only occasionally, “Where am I going to find money for extra child care?” she wondered.

New York City’s schools chancellor says the city is working on some limited child-care options, and figuring out whether empty offices and vacant buildings can be used as school space. But there are no real answers yet.

The reality is that solutions like converting community or outdoor space into additional classrooms, or increasing the number of available adults through a new national child care or tutoring corps, would require a degree of shared responsibility, coordination and resources that schools have never been able to count on — and that hasn’t changed with the pandemic’s arrival.

The clock is ticking: Even as schools delay their start dates, students and teachers across much of the country are due back in August.

In addition to child care, there is food — another resource schools provide that is both much more necessary and much harder to deliver because of the pandemic. In normal times, U.S. public schools provide 30 million free or nearly-free meals a day.

Last spring, when schools closed, states and schools devised emergency workarounds to ensure that students and their families could still have access to food. Many set up grab-and-go distribution sites. Some handed out a week’s worth of food at a time. We do not know exactly how many families schools managed to reach.

In Colorado, where Chalkbeat analyzed available data, the pattern was clear: While demand was high in some districts, over all, schools gave out only a small fraction of what they normally would have. Denver’s public schools served 12% of the meals they usually provide, for example.

One of the biggest impediments to picking up available meals — the inconvenience of driving or using public transit to go to a pickup site during a limited window, risking exposure to the virus along the way — is not going away in the fall if schools are closed.

Eventually, the federal government set up a program to send money for food directly to families to make up for lost meals, though months later, some families are still waiting for those benefits to arrive. That program came out of one of several pieces of coronavirus relief legislation passed since March, which have included financial help that researchers estimate have kept poverty rates from rising sharply.

But the financial stress on families is continuing to mount. In June, a survey by the Census Bureau asked American adults whether children in their household “were not eating enough because we couldn’t afford enough food.” The results indicate that about 14 million children are hungry because of financial strain — more than five times the number in 2018. That’s also about two and half times the number in 2008, the peak of food insecurity during the Great Recession, according to Lauren Bauer, an economics fellow at the Brookings Institution who analyzed the newest data.

As with the virus itself, Black and Hispanic families bear the heaviest burden. Among Black households, one in three families with children reported some food insecurity for children. That was true of about one in four Hispanic families with children and one in five families with children nationwide.

“The numbers we’re observing in June are higher than we’ve ever observed,” Bauer said.

The program replacing school meals with benefits doesn’t extend into the new school year. And rule changes that made food distribution doable this spring — allowing schools to give meals to any students, rather than having to check their eligibility — are also set to expire. Another relief package could address both. But no matter what happens, schools will be working to fill in the gaps as a major source of meals for low-income children.

Beyond providing food, schools also serve as de facto community social workers, sometimes with an actual social worker or two on staff, and sometimes not. That was true before the pandemic, when teachers and administrators could count on speaking face-to-face with children and their parents on a regular basis.

“At this moment, given the pandemic, we need to create safe ways” to continue doing that when “we can’t ensure schools will be safe for kids and teachers and families,” said John King, a former education secretary who now runs the Education Trust, a nonprofit focused on education and civil rights.

Again, the experience of the spring gives a hint at families’ challenges and the lengths schools will go to help them. In an agricultural community about 50 miles from Fresno, Calif., the Sundale Union Elementary School district’s social worker spent much of the spring assisting families applying for federal food benefits. The district posted local job openings on its Facebook page for parents. The community center that operates out of the district’s single school opened a food and clothing pantry to families twice a week.

“We did a lot more of that than we normally do,” Superintendent Terri Rufert said. “And it wasn’t just the parents normally in our socioeconomically disadvantaged group.”

Whether or not they open their buildings, schools will also be tasked with helping students adjust after months of upended schedules, limited social interaction, and families trying to keep it together during a period of heightened stress.

Our failure to get schools fully open means that meeting students’ mental health needs is even harder. And organizing hybrid schedules or remote learning may sap energy that schools need to serve students’ continuing needs. “I think we’re still going to be in survival mode as we move into this next academic year,” said Lisa Sontag-Padilla, a behavioral scientist with the RAND Corporation who has studied school mental health services.

Black and Latino children will deserve particular attention, as their family members are disproportionately likely to have gotten infected with the virus and had to deal with its medical, emotional and financial effects. Black students, families and educators have simultaneously been at the center of a national movement protesting the violent deaths of Black Americans by police officers.

“These kids have suffered a lot over the last few months,” Zelatrice Fowler, who teaches gifted students in Phoenix and is the president of the Arizona Alliance of Black School Educators, said.

She’s not sure schools will be up to the task of helping students move forward. Already, “There was a disconnect between teachers and students, especially when the majority of teachers were white,” she said. “Now, there’s a bigger need to really, truly understand the students and their families.” (Nationally, about 79% of public-school teachers are white, whereas about half of public-school students are white.)

The support Fowler will be able to offer this fall will be through a computer screen. With case numbers rising in Phoenix, schools there are all starting online.

If taking on the child care, food and the mental health challenges facing American children this fall were not enough, there is also, of course, the matter of making sure those children learn.

Providing any form of education this fall means reckoning with an extraordinary version of what educators call “summer slide.” In normal times, teachers sometimes lack precise information about each child’s academic starting point, and basics like who and what teachers will teach can remain a mystery until late summer.

Heading into this school year, these constraints are profound. After school buildings closed this spring, teachers offered various forms of substitute education, from paper packets to video classroom gatherings. Nevertheless, a small but significant share of students went totally unaccounted for as they struggled to connect to online lessons without reliable internet, took on child care responsibilities for younger siblings, or just tuned out without the familiar support of teachers and counselors. Over all, the best estimates from teachers are that six in 10 students were regularly engaged in their coursework.

“Children were not properly served academically and social-emotionally when schools were shut down in the spring,” Vitti, the Detroit superintendent, acknowledged. His push for in-person summer school and an in-person option for students this fall, he said, was spurred by parents saying: “Our children are falling behind, even more than they already were. What are you going to do about it?”

Remote learning was an especially poor substitute for the needs of America’s seven million students with disabilities. Anna Fridman’s 5-year-old twins missed out on seven weekly sessions each of speech, occupational and physical therapy when their Brooklyn pre-K center closed. “As a parent, it’s very, very painful to see,” she said.

In Chicago, 16-year-old Sarah Alli-Brown had planned to spend her entire junior year preparing for the SAT with daily help from an English teacher. Instead, the older sister of 9-year-old twins, she found herself charged with caring for her brothers while her mother worked, and she went weeks without real instruction from her school.

Many of the impediments that made remote learning a mostly nonlearning experience this spring are still present today. The most significant is many students’ lack of internet access at home. In Newark, where cost is the main barrier, one in three households don’t have internet at home; in some rural parts of the country, broadband options don’t exist at all.

An ever-optimistic group, some educators see potential in their hybrid or fully remote future, imagining more personalized lessons and deeper connections with smaller groups of students. And districts are working on ways to make the fall better than the spring, adding more time during the day to interact with teachers live over video and bringing back more of the usual structures, like letter grades, to keep kids on track.

But that’s little solace to parents of kids who will be trying to learn to read on Zoom.

Even if teachers and students can return to classrooms, the fundamentals that can make school come alive will be challenged by even the most basic health requirements. “I like students to be able to talk about their writing with each other,” Kristin Roberts, a high school English teacher in Phoenix, said, “to ask someone how this sentence sounds, to pass papers back and forth, to sit next to each other and have conversations about what makes writing good or what they’re noticing in literature.” How will any of that happen in a mask from 6 feet apart?

Schools are mustering real creativity to meet the moment. Arne Duncan, education secretary for most of President Barack Obama’s tenure and now a managing partner with the Emerson Collective, said he’s spoken to school districts that know they won’t be able to open in person and so are planning to run weekly bus routes to bring their most vulnerable students to school for check-ins. Other schools are figuring out that if some students are in the building only on Mondays, Tuesdays, and Thursdays, for example, the school will send them home Thursday with enough food for the weekend. Others are converting cafeterias into academic space and creating afternoon and Saturday shifts for their schools.

These workarounds are also dark, revealing how far we remain from being able to offer a halfway normal school year for the students who need it most.

The most important way to help is undoubtedly to do what could have made our American pandemic what it is for children and families in Finland, Denmark, and even Italy. We have to control the virus. Because whether it should work this way or not, without schools we have a hobbled economy, hungry children, and exhausted parents.

Making schools functional will also take money, as states are facing projected shortfalls totaling more than $500 billion over the next three years thanks to the spiraling pandemic. Without federal help, schools will have to lay off teachers and make other painful cuts in the years ahead. What school leaders, social scientists, parents, and others say is needed in the short term — the ability to add space and staff members, offer in-school tutoring, and provide additional child-care options, among other things — won’t be possible without more funding, either.

Congress has yet to answer calls for additional relief. If it comes, and if every state enacts real public health measures, schools will have a shot at turning a catastrophe into a mere crisis. Unless both happen, schools are likely to spend years trying to meet students’ growing needs with less. They will try their best. It will not be remotely enough.

Originally published on Chalkbeat.

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