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The biggest brand name in for-profit education is floundering.

The March 14 announcement by the Coca-Cola Company that it is scaling back its aggressive marketing strategy in public schools is a clear victory for opponents of schoolhouse commercialism. But it's unlikely that it will do much in the long run to halt the flow of sugary caffeinated drinks into the hands of schoolchildren. According to one soft-drink-industry insider, Coke has so little control over its independent bottlers and distributors that it couldn't turn off the school spigot even if it wanted to. "Local bottlers can't afford to turn down the contracts with schools, because they know a competitor will step right in--and Atlanta [Coca-Cola headquarters] knows this too," the industry expert told me. Executives at five large Coca-Cola bottling companies all said in interviews that they would continue to sign exclusive contracts with local schools if the schools still want them.

And want them they do. The sad reality is that public school officials are so thoroughly addicted to the cheap fix of soda money that they've become a chief ally of the soft-drink industry and a driving force behind school commercialization. In Ohio recently, local school officials defied a state order to stop peddling soda and candy to students while breakfast and lunch are being served (a violation of federal law) because it would have cut into their profits. The state is now threatening to withhold federal money from the schools. And in Maryland, school administrators and organizations like the National Association of Secondary School Principals joined forces with the bottlers, the vending machine lobby and companies like Channel One and Frozen to squash a bill aimed at limiting commercialism in Maryland public schools.

The measure--The Captive Audience/Stop Commercialism in Schools Act of 2001--would have required school boards to ban commercial advertising in schools, restrict soda and candy sales and prohibit the purchase of textbooks with commercial logos. "The lobbyists kicked my ass," said Democratic State Senator Paul Pinsky, the measure's chief author. Pinsky noted that his bill went down to defeat one day after Coke's announced policy changes and only after Coke lobbyists had checked back with the home office on how to proceed.

A similar scenario is shaping up in California, where a bill that would effectively ban sales of soda and junk food in state schools is facing opposition from school officials and the California-Nevada Soft Drink Association. Ironically, the measure was drawn up in cooperation with leading child nutrition experts and school nutrition directors, who increasingly find themselves on the opposite side of school-health issues from their bosses.

Through contracts with Coke and Pepsi, some schools are raising as much as $100,000 a year, money that pays for things like band uniforms, field trips, team sports and computer rewiring. But in exchange schools become indentured to the corporations. Typically, the contracts require that schools sell a set quota of soft drinks each year (with cash incentives for selling more). This transforms schools from the status of being mere custodians of vending machines into active sales agents for soda. In Colorado Springs in 1998, for example, school officials sent teachers a letter urging them to allow students to drink Coke in class and suggesting that they keep soda machines on twenty-four hours a day [see Manning, "Students for Sale," September 27, 1999].

There can be no solution to the commercialization of public education until public schools are adequately and equitably funded. The Bush Administration will offer little help. Education Secretary Rod Paige signed a $5 million, five-year contract with Coca-Cola while superintendent of the Houston public schools and has proposed no solutions to the school funding crisis.

Consequently, parents and community activists should encourage local school boards to find other solutions to their budget problems. One obvious solution is higher taxes, an option that school districts are loath to propose. But as Andy Hagelshaw, the director of the Center for Commercial-Free Public Education, points out, none of the approximately 250 exclusive cola contracts in effect nationally pay out more than $10 to $15 extra per pupil per year, less in bigger school districts. Surely, paying $10 a year more in school taxes is a good investment if it helps eliminate corporate hucksters and exploitation in schools. There are other funding alternatives as well, many of which the center helps schools adopt and implement: For example, instead of relying on the soda subsidy, many school districts are negotiating beneficial arrangements with smaller local businesses that contain no advertising or commercialism. Nationally, the Algebra Project, which produces a math curriculum and provides teacher training to urban schools, has accepted corporate underwriters who receive nothing in return except a brief mention in an annual report.

The failure of educators to think critically about the impact of school commercialism on the quality of schools is a terrible ethical lapse. It's time for the education establishment to think twice before it sells out its students to the highest bidder.

In Canada, Maude Barlow gave a stirring speech criticizing the free-trade agenda of the Summit of the Americas.

A sit-in at the university highlights the gulf between a great educational institution and the unconscionable working conditions many of its employees experience there.

Congress is poised to reauthorize fearmongering "abstinence-only" sex ed.

On March 27, a federal district court struck down the University of Michigan Law School's affirmative action admissions plan, ruling that the school's interest in a diverse student body did not justify using racial preferences. This past December another court in the same district reached the exact opposite result, finding the university's parallel affirmative action program for undergraduates was justified by diversity.

These diametrically opposed rulings on a single university's affirmative action programs perfectly mirror the current division in the nation's courts. Affirmative action, a near-universal practice in universities across the nation, is under serious legal attack. Disappointed white applicants have sued universities in Georgia, Washington and Texas as well as Michigan.

As in Michigan, the lower courts in these cases have divided sharply, so it is only a matter of time before the none-too-hospitable Supreme Court takes up the issue. The main point of disagreement concerns whether diversity is a sufficiently "compelling interest" to justify race-conscious admissions. There is a strong case for diversity-based affirmative action. But another justification, not generally pressed by the universities, offers a more cogent and morally persuasive rationale for affirmative action: society's interest in integration itself.

Since 1978 affirmative action in higher education has rested on the slimmest of reeds--a lone opinion from a Justice who could not attract a single other Justice to his views. In Board of Regents of the University of California v. Bakke, a divided Supreme Court struck down a medical school admissions program that set aside a predetermined number of seats for minority applicants. Four Justices deemed any consideration of race illegal under a federal statute that prohibits discrimination by entities receiving federal funds, while another four concluded that the program was a valid response to broad societal discrimination.

The decisive opinion in the Bakke case was that of Justice Lewis Powell. He voted to invalidate the University of California's program, but he also stated that racial preferences are sometimes permissible, citing with approval Harvard's affirmative action program, in which, in the name of diversity, race was considered as one "plus factor" among many, and all applicants competed for all openings. Harvard's program was not even at issue in the case, but Justice Powell's views about it have guided universities ever since.

Subsequent Supreme Court opinions have appeared to diverge from Justice Powell's analysis. For example, Justice Sandra Day O'Connor, a critical swing vote, explicitly rejected diversity as a justification for an FCC affirmative action program, stating: "Modern equal protection has recognized only one [compelling state] interest: remedying the effects of racial discrimination." The FCC's interest in broadcast diversity, she reasoned, was "simply too amorphous, too insubstantial, and too unrelated to any legitimate basis for employing racial classifications." Her opinion was in dissent, but would probably garner five votes today. In other opinions, however, Justice O'Connor has cited Justice Powell's Bakke opinion with apparent approval.

One thing is certain: The argument for diversity finds virtually universal acceptance in academe. More than 360 higher education institutions signed on to briefs defending the University of Michigan's affirmative action program. And for good reason: In our increasingly diverse society, the ability to communicate and understand across racial lines is an essential part of citizenship, and teaching that skill requires a diverse setting. Not considering race in the diversity mix would effectively penalize minorities by denying them benefits that Iowans, violinists, potential donors' children and synchronized swimmers receive.

The usual response is that the Fourteenth Amendment treats racial classifications differently. But the equal protection clause does not prohibit all consideration of race. In its recent voting rights cases, for example, the Court held that race may be considered as one factor among many in redistricting, as long as it is not the "predominant motive." The redistricting process necessarily considers all sorts of factors as proxies for likely political allegiances, and adding race to the mix does not raise the same concerns as other kinds of race-conscious decision-making. Similarly, the search for diversity necessarily considers many factors as proxies for intellectual and cultural diversity, and race should be permissible as one among many.

Ultimately, however, integration itself may be a stronger justification for affirmative action than diversity. An integrated student body undoubtedly adds to diversity. But so does admitting violinists, and surely there is a stronger argument for admitting African-Americans than violinists. Higher education is one of the few arenas in modern life where racial integration remains a realistic possibility. Despite the demise of Jim Crow, most of us continue to live, work, socialize and worship in effectively segregated settings. College student bodies, by contrast, can be integrated because they are consciously selected and are not predetermined by geography or class. Integration in higher education in turn teaches us that integrated communities are possible, and that living in such communities can break down the deep barriers that continue to divide the races. At the same time, because a college degree is essential to professional success, integration in higher education is necessary to any measure of integration beyond.

The Court and the country have failed to live up to the promise of Brown v. Board of Education. The last thing we should do is turn the Constitution into a barrier to one of the last remaining arenas of true integration in America.

Educators have long known the rap sheet on the SAT, the college entrance exam that millions of young people have taken as a rite of passage for some seventy-five years. Since its inception, the SAT has become among the most scrutinized and controversial of standardized tests. And yet, the exam--and the mental testing culture that has sustained it in the United States--has been remarkably impervious to the attacks on it over the years.

Recently, however, the SAT suffered a body blow when the president of the University of California system proposed dumping the exam. Don't expect colleges and universities to defect from the SAT en masse--it's too deeply entrenched for that. But in announcing his far-reaching proposal in February, UC president Richard Atkinson legitimized open discussion of a heretofore taboo subject for large and selective universities: whether they (and society) would be better off without the test.

Atkinson, an eminent cognitive psychologist, knows well the list of particulars against the exam in question, the so-called SAT I "reasoning test." As the progeny of the first intelligence test commercialized in the United States, the SAT has proven to be a weak predictor of a student's actual performance in the first year of college; after that, its usefulness vanishes completely. Moreover, the SAT has proven to be a vicious sorter of young people by class and race, and even gender--and has served to sustain the very upper-middle-class privilege that many of the exam's supporters claim to oppose. The latest figures from the College Board, the SAT's sponsor, show that a test taker can expect an extra shot of fifteen to fifty points on his or her total SAT I score for every $10,000 that Mom and Dad bring home. Call it the Volvo Effect: a boost that peaks out at the highest levels of family income. Being white, on average, confers an extra 200-point advantage over a black test-taker. Atkinson hopes that replacing the SAT I with the SAT II subject tests will lessen such disparities and more accurately reflect what students study in high school. In fact, scores on both exams are powerfully correlated with each other, and UC's own data show that the SAT II also sorts harshly by class, race and gender. More helpful, Atkinson intends to revamp the entire UC admissions process by requiring campuses to evaluate applicants more comprehensively than under the old numerical formulas, judging a high school student's achievements in light of his or her social and economic circumstances.

The SAT's shortcomings have become especially vivid in recent years, as courts, voters and policy-makers in several states, including the UC Board of Regents in 1995, have ordered public universities to dismantle their affirmative action programs. Post-affirmative action, UC's most selective campuses have seen freshman acceptance rates wane for blacks and Hispanics. Meanwhile, the state's Hispanic population is forecast to skyrocket from about 11 million in 2000 to 18 million over the next two decades. Hispanic high school graduates will surge 74 percent over the next decade, while numbers of white graduates are expected to grow just 2 percent.

In light of these trends, the usual justifications for the SAT's continued dominance as a gatekeeper to UC would no longer wash. Yes, since 1968 the admissions test has been a bureaucratically convenient way to sort and weed large numbers of college aspirants. Yes, UC's relatively high SAT scores made it look good in the test-score fashion show put out by US News & World Report. Yes, the test was a common yardstick. But it was also a crooked one, inflicting enormous social costs.

Of course, there will be complaints that Atkinson's tossing the SAT will lead to the ruination of a great university: As UC opens the floodgates to hordes of the academically unfit, standards will plummet. We've heard it before, as when the University of Texas system enacted its "top 10 percent" law after the 1996 federal appeals court ruling in the Hopwood case, which ordered the state's universities to end their affirmative action programs. Beginning in 1997, any Texas high school senior graduating in the top 10 percent of her class earned automatic admission to Texas public universities--regardless of SAT scores. Did this produce the collapse of a great university? Hardly. At the flagship University of Texas, at Austin, SAT scores of students admitted under the top 10 percent law, as expected, fell markedly compared with their peers from pre-Hopwood days. And yet, their classroom performance actually bettered their pre-Hopwood counterparts (that is, those in the top 10 percent who did meet the SAT threshold), holding steady even in engineering, business and science. To top it off, by 2000, enrollments of Hispanics and African-Americans had been restored to their pre-Hopwood levels.

Ultimately, UC's faculty senate and the Regents could dash Atkinson's hopes for a new era in the university's approach to college admissions. Nevertheless, he has accomplished something of unquantifiable benefit by helping to pry open a badly needed debate about the meaning of merit in American higher education. Will we be a nation that judges young people based on what they have accomplished and what they've overcome to do so, or by how well they fill in bubbles on a standardized test that is itself of questionable merit?

Failing public schools violate state constitutions, new court decisions say.

With over 100,000 members in college and university chapters, Students for a Democratic Society (SDS) was the largest and most significant of the 1960s New Left organizations in the United States. While its history has been told before in a few well-known titles--Kirkpatrick Sale's SDS, James Miller's "Democracy Is in the Streets," Todd Gitlin's The Sixties and Thomas Powers's Diana among them--SDS is finally getting visual treatment as well with Helen Garvy's intriguing film Rebels With a Cause.

Garvy, a former assistant national secretary of SDS, reveals an insider's history of the organization with her film, built around the voices of twenty-eight of its leading activists, including Tom Hayden, Carl Oglesby, Casey Hayden and Bernardine Dohrn. And despite a sparse use of visual images, narration and music, Garvy has created an affecting picture. She avoids the "talking heads" danger inherent in documentary technique through tight editing--one interviewee picks up right where another leaves off. The effect is that of a seamless and compelling narration to the unfolding history and issues.

While other films about the '60s capture the energy and excitement of student rebellion with footage of protests and confrontation, this one captures the thought that went into the activism. It is the best film record we have of the intellectual motivations of the New Left in the United States.

The SDS story as Garvy tells it begins with its founding in 1960 as an organization concerned with racism, poverty, democratization of American society, the cold war and the danger of nuclear confrontation. SDS sought to identify itself with the left but avoid the traditional leftist pitfalls of sectarianism and dogmatism. The Port Huron Statement, drafted two years later by Tom Hayden, began with an expression of the generational anxieties to which SDS was responding: "We are people of this generation, bred in at least modest comfort, housed now in universities, looking uncomfortably to the world we inherit."

Despite the great concerns and ambitions of its founders, SDS was at first nothing more than a loose network of activist friends on a few college campuses (Michigan and Swarthmore, in particular) and in New York City. Then the contacts began to expand; I first heard about SDS in 1963 as a freshman at the University of Oklahoma, where we were concerned with ending both segregation in the surrounding community and compulsory ROTC on campus.

The most important initial organizing thrust of SDS was to serve as a Northern student adjunct to the Southern civil rights movement. But it quickly moved from supporting the Southern struggle to attempting to spark parallel struggles in the North. Through its Economic Research and Action Project (ERAP) the organization embarked on a series of ambitious community organizing campaigns in nine Northern cities with the avowed aim of creating an interracial movement of the poor. "We were very serious organizers," Sharon Jeffrey says in the film. "We intended to change the world." Within a couple of years, though, the escalating Vietnam War began to divert the energies of SDS away from its domestic community-organizing agenda. The ERAP began to wither, as did a number of civil rights projects in the South.

Nineteen sixty-five was a critical year in this transition. On April 17 SDS held the first March on Washington to protest US intervention in Vietnam. Exceeding all expectations, 25,000 people participated. Then more than 100,000 took part in the October 15 International Days of Protest and the November 27 second March on Washington sponsored by SDS and a range of other organizations. The number of SDS chapters on campuses multiplied from a few dozen to well over a hundred. Thousands of new members joined up. National and international media descended upon the Chicago national office, where I was working at the time, thinking that they had located the epicenter of the antiwar movement. In reality, by this time, SDS was just one of many organizations responding to a groundswell of opposition to the war.

The war was the new reality. At this time, SDS was actively struggling against America's foreign policy as well as its racial and economic policies at home. Then, in December 1965, Casey Hayden and Mary King, both highly regarded organizers and informal leaders from the civil rights movement, opened up yet another front. They circulated a letter, titled "Sex and Caste," that called upon women in SDS (and the movement in general) to initiate dialogues over "the problems between men and women." This call added gender to the inequalities of race and class that the organization sought to redress. It also marked the beginning of women's activism in the movement.

For the next four years, SDS played a prominent role in the growth of a freewheeling and militant new radicalism. But the movement defied any kind of central control, and a succession of national SDS leaders struggled to establish a clear role for the organization.

An initially small faction dominated by the Progressive Labor Party (PL), a pro-China splinter from the Communist Party, made inroads into SDS year by year, and its opponents among the national leadership grew increasingly rattled as they sought to fashion nonsectarian alternatives to PL's brand of Marxism-Leninism. The 1969 SDS convention in Chicago broke into warring factions--one controlled by PL, another by the emergent Weather Underground and others, including the Revolutionary Youth Movement. The Weather faction controlled the national SDS office until early 1970, then closed it down before going underground. That marked the formal end of the organization.

In many ways SDS succumbed to the very sectarianism that it had sought to avoid. "There was a process of one-upmanship on rhetoric," Bob Ross says, "that eventually one-upped us right out of touch with either students or the mass of the people."

Most of the tendencies of the radical politics of the seventies, including clandestine guerrilla organizations and the attempts to build Marxist-Leninist parties, can be traced from the breakup of SDS. Some members, however, came out of SDS committed to electoral politics and moving the Democratic Party to the left. A significant number also continued to pursue grassroots organizing strategies.

Although the SDS name continued to be employed by PL for several years, it was not the same organization and has never been recognized as such by original SDS activists. Consequently, Garvy does not include the PL "SDS" in her treatment. However, she does describe the Weather Underground experience, since its leading activists had roots in SDS. A number of these, including Bernardine Dohrn, Bill Ayers and Cathy Wilkerson, speak in the film.

Garvy treads cautiously in this part of Rebels. Since the Weather campaign of terrorism continues to be an issue of sore dispute among SDS veterans, Garvy tells two sides of this story. She includes both a point-blank denunciation of the Weathermen as unrepresentative of the movement by former SDS president Todd Gitlin and a sympathetic interpretation--that the Weather tactics grew out of frustration with the failure of large-scale marches and other nonviolent tactics to stop the war. "In some ways," Jane Adams says, "I felt that they were my agent despite the fact that I didn't agree with them. I could fully understand the frustration out of which their rage came."

But not all of SDS's long-term survival problems were due to its internal dynamics. Documents released through the Freedom of Information Act confirm what was widely suspected then: The FBI and other government agencies kept close tabs on SDS and disrupted its activities through the FBI counterintelligence program (COINTELPRO). The full extent to which government agencies contributed to destroying the organization's effectiveness remains unknown. There are still-unreleased files, and, as is typical, much of the content of the released material is blacked out.

Garvy situates SDS as a phenomenon of homegrown radicalism in the great tradition of American grassroots democratic movements. What she chooses not to show is that SDS was also a phenomenon of the American left.

SDS was as much an outgrowth of, and entangled in, the left-wing political tradition as it was a spontaneous response to issues of the time. A number of its original activists came from left-wing, including Communist, families. The organization began as the student affiliate of the cold war social-democratic League for Industrial Democracy (LID), which had a long history of intraleft warfare against Communism.

The LID parentage proved increasingly problematic as SDS got older, especially as the Vietnam War became a major issue. (Leading members of LID supported the war.) The final straw that broke the relationship came at the 1965 national convention when SDS voted to remove a clause in its constitution that barred Communists from membership. SDS's "anti-anti-Communist" stance could not be tolerated by the profoundly anti-Communist LID, and a formal separation was negotiated a couple of months later.

Throughout its history, SDS saw itself as an alternative to the traditional left-wing Trotskyist, Maoist and Soviet-aligned groups, which it dismissed as sectarian and largely irrelevant to the nation's political life. (It was in SDS that I learned the difference between an "-ist" and an "-ite." You used the former for polite descriptions, the latter for ideological enemies.) Nevertheless, it had both to struggle with those groups and to participate with them in coalition activities. Thus, historical events of the left, from the split between communists and social democrats to the Sino-Soviet split (via the PL), contributed to creating the organizational environment in which SDS functioned.

Garvy can be forgiven for leaving out this part of the story in the interest of producing a film for wide consumption--how many ordinary people would want to sit through hearing SDS veterans onscreen reminiscing about their differences with Trotskyism or other leftist tendencies? Still, those differences did make up a part of the nitty-gritty struggles of the day and were a significant part of SDS history.

Rebels With a Cause can best be described as oral history in the form of a film. As such it is a faithful record--without the left-wing context--of that part of the 1960s movement. It is especially valuable as an antidote to the cynical interpretations that dismiss the 1960s activists as either misguided idealists or hedonists consumed with sex, drugs and rock and roll. But beyond establishing an accurate record, the film's contribution is its transmission of historical memory to later generations. It is an especially valuable resource for current activists who wish to link their struggles to those of the recent past.

I was therefore curious to know what this generation of students, who had not been born when the 1960s movement took place, would think of Garvy's film. There had been no overt censorship to prevent transmittal of the memory. But would other mechanisms keep students from knowing this history? Would they consider the events to be too remotely in the past to have any relevance to their lives?

I showed Rebels With a Cause at the university where I teach--Eastern Connecticut State, a working-class campus not at all known for student activism. As one might expect, reactions and interests varied. What I was most struck by was that while all the students had heard of the civil rights movement, many had not heard of the antiwar movement.

The media and schools have enshrined the civil rights movement, as they should, as a good example of a social movement in American history. The antiwar movement is another matter. It is largely ignored by the media and schools because it is still controversial--both in terms of whether citizens should have protested that war and, most important, for the "dangerous" example it set for how citizens might respond to present and future wars engaged in by this country.

In Rebels With a Cause Helen Garvy has given us a resource for keeping alive the radical memory of such dangerous examples and dreams in American history.

For more than two years, the antisweatshop movement has been the hottest political thing on campus [see Featherstone, "The New Student Movement," May 15, 2000]. Students have used sit-ins, rallies, hunger strikes and political theater to demand that garments bearing their institution's logo be made under half-decent working conditions.

From the beginning, the major players were students and administrators. While some progressive faculty members--mostly from sociology departments--offered the students early support, economists, who like to think of their discipline as the queen of the social sciences, kept fairly quiet.

That changed this past July. After colleges and universities made a number of visible concessions to the students over the spring, a group of some 250 economists and lawyers released a letter to administrators, basically complaining that they hadn't been consulted. The letter, initially drafted by Jagdish Bhagwati of Columbia University and burnished to perfection by a collective of free-trade zealots calling themselves the Academic Consortium on International Trade (ACIT), reproached administrators for making concessions "without seeking the views of scholars" in relevant disciplines. Judging from their letter, the views of these scholars might not have been terribly enlightening. On page 24 of the magazine, the ACIT missive appears with some comments (see "Special" box, right).

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