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Jailing Educators for ‘Cheating to the Test’

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Julianne Malveaux

By Julianne Malveaux
NNPA Columnist

 

Eleven Atlanta teachers have been convicted of altering student test scores on standardized tests. They are charged with racketeering and conspiracy. The much-celebrated Superintendent of Atlanta Public Schools Beverly L. Hall was among the indicted but was too ill to stand trial. She died March 2.

Another group of teachers, principals and administrators took plea bargains. A total of 178 people were accused of taking part in the cheating “scam” and in 2011 Hall reminded observers that “we have over 3,000 teachers in Atlanta,” and just a few were part of the cheating scandal. She also denied having any knowledge of the cheating. Until her illness, she insisted that she wanted to stand trial and clear her name.

In what was described as the largest cheating scandal in the nation’s history, District Attorney Paul L. Howard Jr. prosecuted the educators under a law originally designed to snare organized crime figures. Of the 12 defendants, 11 wee convicted of racketeering, a felony punishable up to 20 years. One defendant, Dessa Curb, a former elementary school teacher, was acquitted.

Those 11 convicted were taken straight from the courtroom to jail. Sentencing should take place this week. On top of the 20 years maximum sentence for racketeering, they could be convicted on other charges including making false statements. It is interesting to note that most of these teachers are African American.

You can serve as few as 15 years for second-degree murder in Georgia, and as little as a year for involuntary manslaughter. Further, most convicted offenders get a day or even months to go home and straighten out their affairs before reporting to prison. But not this group of educators.

These Atlanta teachers aren’t the only teachers involved in similar cheating scams. A year ago, 130 Philadelphia educators were accused of cheating. In September, several were ordered to stand trial.

Why have those who chose a low-paid and little-regarded profession stoop to cheating on standardized tests? Are they judged by the number of students who pass these flawed tests, and the number who fail? Is there a culture of cheating in too many of our nation’s schools? Is there a culture of “teaching to the test”?

There is no excuse for the cheating in Atlanta, or Philadelphia, or in El Paso, where the school superintendent was imprisoned for reporting faulty test scores. While there is no excuse, it would be foolhardy to ignore the pressure that many face when federal laws mandate the use of standardized tests to “prove” that teachers and schools are doing their jobs.

In some districts, including Atlanta, teachers are given bonuses when their students do well on tests, and may be terminated when students do not. Even now, after revisions in teacher evaluation, half of teacher performance is based on standardized tests. Teachers can be reassigned, or schools can be closed if there are too many poor-performing students enrolled.

It makes sense to look at the many ways that the system encourages teachers to manipulate, if not outright cheat, when they administer standardized tests. Some schools spend days preparing students to take the tests. They aren’t spending days teaching the material students must learn, just the rote material needed to pass standardized tests. Passing a test in English and grammar may prove some proficiency, but does it prove that a student can write a paragraph or an essay, or engage in critical thinking?

When teachers spend too much time focused on standardized testing and not enough on course content, are they cheating students? In teaching to the test, are they cheating to the test? I’m not referring to the multiple erasures that investigators found on some of the Atlanta tests, or schemes that excluded poor-performing students from testing so average grades could be higher. I’m referring to teachers who choose to teach content that they know will show up on the test, or those who spend tens of hours in “practice sessions” with old copies of tests used as drills. From my perspective students are being cheated when there is too much emphasis placed on standardized testing.

One might ask how teachers and students can be evaluated without standardized tests, but there is an extensive body of research that suggests other methods of evaluating teachers, including classroom observation and curriculum review. Interestingly, an increasing number of colleges do not use standardized tests to evaluate students for admissions because they recognize such tests are flawed.

Obviously, there must be some way to measure progress among students, and proficiency among teachers. Still, standardized test results should not be tied to teacher compensation, or to threats of school closings. If standardized tests are one way to measure results, they must be combined with other measures to ensure fairness.

It makes sense, though, to ask if there is a racial dynamic to leading nearly a dozen teachers, mostly African American, out of a courtroom in handcuffs. And it makes sense to wonder if the charge of racketeering is being applied to harshly for what is clearly illegal misconduct.

While teaching to the test is not against the law, isn’t it cheating our students nearly as much as the scams?

 

Julianne Malveaux is an economist, writer, and President Emerita of Bennett College. She can be reached at juliannemalveaux.com.

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#NNPA BlackPress

COMMENTARY: The National Protest Must Be Accompanied with Our Votes

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

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Dr. John E. Warren Publisher, San Diego Voice & Viewpoint
Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper. File photo..

By  Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper

As thousands of Americans march every week in cities across this great nation, it must be remembered that the protest without the vote is of no concern to Donald Trump and his administration.

In every city, there is a personal connection to the U.S. Congress. In too many cases, the member of Congress representing the people of that city and the congressional district in which it sits, is a Republican. It is the Republicans who are giving silent support to the destructive actions of those persons like the U.S. Attorney General, the Director of Homeland Security, and the National Intelligence Director, who are carrying out the revenge campaign of the President rather than upholding the oath of office each of them took “to Defend The Constitution of the United States.”

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

In California, the primary comes in June 2026. The congressional races must be a priority just as much as the local election of people has been so important in keeping ICE from acquiring facilities to build more prisons around the country.

“We the People” are winning this battle, even though it might not look like it. Each of us must get involved now, right where we are.

In this Black History month, it is important to remember that all we have accomplished in this nation has been “in spite of” and not “because of.” Frederick Douglas said, “Power concedes nothing without a struggle.”

Today, the struggle is to maintain our very institutions and history. Our strength in this struggle rests in our “collectiveness.” Our newspapers and journalists are at the greatest risk. We must not personally add to the attack by ignoring those who have been our very foundation, our Black press.

Are you spending your dollars this Black History Month with those who salute and honor contributions by supporting those who tell our stories? Remember that silence is the same as consent and support for the opposition. Where do you stand and where will your dollars go?

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Activism

Post Newspaper Invites NNPA to Join Nationwide Probate Reform Initiative

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

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iStock.
iStock.

By Tanya Dennis

The National Newspaper Publishers Association (NNPA) represents the Black press with over 200 newspapers nationwide.

Last night the Post announced that it is actively recruiting the Black press to inform the public that there is a probate “five-alarm fire” occurring in Black communities and invited every Black newspaper starting from the Birmingham Times in Alabama to the Milwaukee Times Weekly in Wisconsin, to join the Post in our “Year of Action” for probate reform.

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

Reporter Tanya Dennis says, “The adage that ‘When America catches a cold, Black folks catch the flu” is too true in practice; that’s why we’re engaging the Black Press to not only warn, but educate the Black community regarding the criminal actions we see in probate court: Thousands are losing generational wealth to strangers. It’s a travesty that happens daily.”

Venus Gist, a co-host of the reform group, states, “ Unfortunately, people are their own worst enemy when it comes to speaking with loved ones regarding their demise. It’s an uncomfortable subject that most avoid, but they do so at their peril. The courts rely on dissention between family members, so I encourage not only a will and trust [be created] but also videotape the reading of your documents so you can show you’re of sound mind.”

In better times, drafting a will was enough; then a trust was an added requirement to ‘iron-clad’ documents and to assure easy transference of wealth.

No longer.

As the courts became underfunded in the last 20 years, predatory behavior emerged to the extent that criminality is now occurring at alarming rates with no oversight, with courts isolating the conserved, and, I’ve  heard, many times killing conservatees for profit. Plundering the assets of estates until beneficiaries are penniless is also common.”

Post Newspaper Publisher Paul Cobb says, “The simple solution is to avoid probate at all costs.  If beneficiaries can’t agree, hire a private mediator and attorney to work things out.  The moment you walk into court, you are vulnerable to the whims of the court.  Your will and trust mean nothing.”

Zakiya Jendayi, a co-host of the Probate Reform Group and a victim herself, says, “In my case, the will and trust were clear that I am the beneficiary of the estate, but the opposing attorney said I used undue influence to make myself beneficiary. He said that without proof, and the judge upheld the attorney’s baseless assertion.  In court, the will and trust is easily discounted.”

The Black press reaches out to 47 million Black Americans with one voice.  The power of the press has never been so important as it is now in this national movement to save Black generational wealth from predatory attorneys, guardians and judges.

The next probate reform meeting is on March 5, from 7 – 9 p.m. PST.  Zoom Details:
Meeting ID: 825 0367 1750
Passcode: 475480

All are welcome.

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COMMENTARY: The Biases We Don’t See — Preventing AI-Driven Inequality in Health Care

For decades, medicine promoted false assumptions about Black bodies. Black patients were told they had lower lung capacity, and medical devices adjusted their results accordingly. That practice was not broadly reversed until 2021. Up until 2022, a common medical formula used to measure how well a person’s kidneys were working automatically gave Black patients a higher score simply because they were Black. On paper, this made their kidneys appear healthier than they truly were. As a result, kidney disease was sometimes detected later in Black patients, delaying critical treatment and referrals.

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Sen. Akilah Weber Pierson, M.D (D-San Diego). File photo. Sen. Akilah Weber Pierson, M.D (D-San Diego). File photo.
Sen. Akilah Weber Pierson, M.D (D-San Diego). File photo.

By Sen. Akilah Weber Pierson, M.D., Special to California Black Media Partners 

Technology is sold to us as neutral, objective, and free of human flaws. We are told that computers remove emotion, bias, and error from decision-making. But for many Black families, lived experience tells a different story. When technology is trained on biased systems, it reflects those same biases and silently carries them forward.

We have seen this happen across multiple industries. Facial recognition software has misidentified Black faces at far higher rates than White faces, leading to wrongful police encounters and arrests. Automated hiring systems have filtered out applicants with traditionally Black names because past hiring data reflected discriminatory patterns. Financial algorithms have denied loans or offered worse terms to Black borrowers based on zip codes and historical inequities, rather than individual creditworthiness. These systems did not become biased on their own. They were trained on biased data.

Healthcare is not immune.

For decades, medicine promoted false assumptions about Black bodies. Black patients were told they had lower lung capacity, and medical devices adjusted their results accordingly. That practice was not broadly reversed until 2021. Up until 2022, a common medical formula used to measure how well a person’s kidneys were working automatically gave Black patients a higher score simply because they were Black. On paper, this made their kidneys appear healthier than they truly were. As a result, kidney disease was sometimes detected later in Black patients, delaying critical treatment and referrals.

These biases were not limited to software or medical devices. Dangerous myths persisted that Black people feel less pain, contributing to undertreatment and delayed care. These beliefs were embedded in modern training and practice, not distant history. Those assumptions shaped the data that now feeds medical technology. When biased clinical practices form the basis of algorithms, the risk is not hypothetical. The bias can be learned, automated, and scaled.

For us in the Black community, this creates understandable fear and mistrust. Many families already carry generational memories of medical discrimination, from higher maternal mortality to lower life expectancy to being dismissed or unheard in clinical settings. Adding AI biases could make our community even more apprehensive about the healthcare system.

As a physician, I know how much trust patients place in the healthcare system during their most vulnerable moments. As a Black woman, I understand how bias can shape experiences in ways that are often invisible to those who do not live them. As a mother of two Black children, I think constantly about the systems that will shape their health and well-being. As a legislator, I believe it is our responsibility to confront emerging risks before they become widespread harm.

That is why I am the author of Senate Bill (SB) 503. This bill aims to regulate the use of artificial intelligence in healthcare by requiring developers and users of AI systems to identify, mitigate, and monitor biased impacts in their outputs to reduce racial and other disparities in clinical decision-making and patient care.

Currently under consideration in the State Assembly, SB 503 was not written to slow innovation. In fact, I encourage it. But it is our duty must ensure that every tool we in the healthcare field helps patients rather than harms them.

The health of our families depends on it.

About the Author 

Sen. Akilah Weber Pierson (D–San Diego) is a physician and public health advocate representing California’s 39th Senate District.

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