Major Impacts of Northam’s War against Teachers

Federal school funding threatened; Democrats and unions in a bind; Lawsuits coming

Timing is Everything

by James C. Sherlock

Ralph Northam declared on August 30 of this year that Virginia’s schools are systemically racist and that teachers are presumptively racist and must be treated and monitored.

In addition to threatening to create turmoil in the schools and damage to the very students he apparently meant to help, the Governor has potentially kicked over a hornets’ nest worse than he stirred up with his infamous infanticide interview that resulted in the release of his blackface yearbook photo. 

And he may have set Virginia up for federal demands for repayments of Department of Education funds and related fines. At stake is a breathtaking amount of money that includes CARES Act funding, all of which has been contingent on compliance with the Title VI of the Civil Rights Act of 1964.

The documented facts may also have put Democrats and their allies (in that word’s traditional and critical race theory definitions) in a large political bind.

The Media

I suspect social media will spread the word at some level, but social media cannot directly question the Governor on the matter.

Traditional media may or may not try to get a statement from the Governor.  We’ll wait and see.  

School Board Elections

The elections at issue for which voters need this information are the November school board contests. There is seldom enough campaign money there to get this issue out in paid media, but I expect some candidates who oppose mandatory indoctrination and monitoring of teachers to create news events to get coverage.

The Governor

I think the Governor will try to wait it out and see if it goes away. If he feels pressure, he may provide a Friday night news release carefully crafted to obfuscate, assuring both sides that he was misunderstood. He can’t claim he was misquoted or quoted out of context because of the video.

I don’t anticipate him being directly questioned on the matter at one of his COVID news conferences, but again, we’ll see.

The General Assembly

This might prove interesting in January. 

Republicans and perhaps a couple of Democrats will introduce bills to stop the mandatory “training” of government employees in critical race theory-driven anti-racism conversion sessions, and to ban the assumption that any employee is racist without direct proof.  

Government Employee Unions

The government employee unions may be in the toughest position of all. They will not be able to avoid the issue. They will damn Ralph Northam in private for making them deal with this.

If they will not defend their members against this government-directed onslaught against the dignity, privacy and civil liberties of their members, they risk losing all credibility.   

But there will be problems with parts of the membership no matter what position they take.

Political Parties

The Democratic party in Virginia is better funded and organized than the Republican party. It will have no choice but to support the Governor’s mandatory anti-racism training regime.

As for the Republicans as a party, don’t expect much.

The Legal Profession

The civil liberties bar won’t sit this one out. I am not an attorney, but I expect Hans Bader or another attorney to weigh in directly on this here.  

I don’t expect the critical-race-theory bar to remain silent either. Critical race theory originated in the 70’s with Derrick Bell and other African American lawyers trying to set a predicate for defending blacks accused of crimes. They won’t stand by idly.  

The Courts and the Department of Justice

There are certainly federal legal issues involved. When the issue gets to federal court depends on the Justice Department Civil Rights Division and the civil liberties bar.

The Federal Department of Education

The issue for the Department of Education is whether state and local governments have failed to comply with:

  • Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq. – prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance; and 
  • and 20 U.S.C. § 1094(c)(3)(B) – Education program participation agreements and 34 CFR 668.71(c) Student Assistance General Provisions – Misrepresentation.

See the Department of Education’s September 16 letter to Princeton’s President for the direct parallels with what our Governor has done.

Since you became President in 2013, and in exchange for well over $75 million in federal Title IV taxpayer funds alone, Princeton University (“Princeton”) has repeatedly represented and warranted to the U.S. Department of Education (“Department”) Princeton’s compliance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq. Title VI provides no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Also, Princeton has made many material nondiscrimination and equal opportunity representations to students, parents, and consumers in the market for education certificates during this time.

On September 2, 2020, you admitted Princeton’s educational program is and for decades has been racist. Among other things, you said “[r]acism and the damage it does to people of color persist at Princeton …” and “[r]acist assumptions…remain embedded in structures of the University itself.” You also said that Princeton is “exploring the possibility of a new credit- or degree-granting program that would extend Princeton’s teaching to a new range of students from communities disproportionately affected by systemic racism and related forms of disadvantage…” Id. Because of racism, you announced race-based “diversity” measures for hiring, procurement, teaching, fellowship, and research funding.

Based on its admitted racism, the U.S. Department of Education (“Department”) is concerned Princeton’s nondiscrimination and equal opportunity assurances in its Program Participation Agreements from at least 2013 to the present may have been false. The Department is further concerned Princeton perhaps knew, or should have known, these assurances were false at the time they were made. Finally, the Department is further concerned Princeton’s many nondiscrimination and equal opportunity claims to students, parents, and consumers in the market for education certificates may have been false, misleading, and actionable substantial misrepresentations in violation of 20 U.S.C. § 1094(c)(3)(B) and 34 CFR 668.71(c). Therefore, the Department’s Office of Postsecondary Education, in consultation with the Department’s Office of the General Counsel, is opening this investigation. …

Based on the facts, the Secretary of Education may consider measures against Princeton for false Program Participation Agreement nondiscrimination assurances, including an action to recover funds. Also, she may consider measures against Princeton for making substantial misrepresentations about the nature of its educational program, including a fine proceeding. The Department is aware of the challenges posed by COVID-19 to institutions of higher education. However, the serious, even shocking nature of Princeton’s admissions compel the Department to move with all appropriate speed.

There are enormous amounts of federal education money at stake in Virginia.    See the VDOE website for the federal programs, including CARES Act education funds, that are threatened.

Well done, Governor.

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22 responses to “Major Impacts of Northam’s War against Teachers

  1. Baconator with extra cheese

    The whole Princeton debacle is quite delicious. And yes our wonderful leaders couldn’t keep their lips zipped and had to declare wokeness from the moutaintops to the swamps.
    I so hope the DOJ checks those declarations from VA and considers going after officials who have apparently “lied” about Virginia’s systemic racism the governor has pronounced he knows about yet has not coreected or reported as required by federal law.

  2. It looks like the governor’s dogma might soon be run over by his karma. But that’s the danger of not using a leash.

  3. Might matter just who is running DOJ come January. Might still be Trump and Barr, and then again it might not. Neither Princeton or Northam need worry if there is a switch.

  4. wait. If I say that kids applying to college have suffered from systemic racism, it means I’m guility of it because I pointed it out?

    I think there was a movie about stuff like that:

    ?w=560

    • That’s actually a photo of Nancy N…. 😉

    • Princeton hoist upon its own anti-racist petard! No surprise – it’s most famous president (Wilson) was in fact a bona fide racist

      If the allegations are accurate (always questionable in this administration), Princeton admitted that racism persists in their own programs, not just in the lives of their students.

      A corporation making a similar admission under various laws would be at the DOJ seeking a consent decree.

  5. You should know that the same process is starting with lawyers and the Virginia State Bar.

    https://www.vsb.org/site/news/item/elimination_of_bias_mcle_proposal

    I guess down the road it will be an ethical violation for a lawyer to not be ‘woke.’

  6. PS – If you are going to link to a 12 minute video for a snippet, it is helpful if you link to the xx:xx when the comment is made.

    • If you go to the Guv’s comments, YouTube also pops up with some of the presentations from the seminar. Far more interesting than the political blather….

      • The Governor is the useful idiot in the process. One of the seminar presentations you mentioned is Anti-racism 101 presented by the dean of VCU’s Ed School. You can watch it at https://www.youtube.com/watch?v=JELQn3zKklM&list=PLRTyI0-OTuVMiCuRJItbRubhQUCDGd4nk&index=8 . All of you should do it. It will help you understand better than I can here what is going on. Makes you want to rush to send your kids and grandkids to VCU.

        • James Wyatt Whitehead V

          I watched Anti Racism 101. Stunning. Presenters did this with a straight face too. The business of teachers are not legitimate teachers until their are reeducated as Anti Racist “Allies” sounds like a Miller “Lite” version of the Chinese Uighurs Reeducation Camps.

        • Jim, I’ve skimmed through the video and think I get the gist of it and I think some of what they are saying has some truth to it.

          But more than that, isn’t this kind of thing being done at many Colleges and institutions and even corporations across the country these days?

          Is this a unique “Northam” thing or is it bigger than that?

          or is the the racial pentence that Northam has to do since blackface?

          😉

          • Major difference. Corporations are private entities. Mandatory requirements by government employers for anti-racism training for their employees are an entirely different matter.

            The Civil Rights Act of 1964 applies and forbids government institutions and states to discriminate on the basis of race or color.

            The implementation of every program in the federal government that provides federal funding to non-federal recipients has a clause in which such recipients must not only comply with the provisions of the Civil Rights Act, but must certify that they do on pain of mandatory federal recovery of the money and attendant fines.

            That is what is going on in the Princeton case and applies to the VDOE and every school district in Virginia. Ralph Northam is a moron for giving that speech.

  7. Maybe one day one of you Richmond insiders will explain how Northam ever became governor. He was a six year state senator before the Dems ran him for Lt Governor, then he was put forth for governor. Pretty meteoric rise for an imbecile. You look at guys like Chap Petersen who have been in office for 22 years and wonder how a clown like Northam became a top official after just six years in office. I’ll be the first to acknowledge that the Republicans struggle to put forth a competent challenger but the Dems seem to have a pretty deep bench. And the best they could do is Northam? Who’s next from the Dems? Justin “don’t believe those lying women” Fairfax? Stealin’ Stoney? Eileen “if Stoney can steal so can I” Fulla-Crap? Son of Blackface Herring? Terry “GreenTech” McAuliffe?

    I’d happily vote for a Democrat if they run someone competent but for the life of me I can’t figure out how they came up with a numbnuts like Northam as their candidate.

    • “You look at guys like Chap Petersen who have been in office for 22 years and wonder how a clown like Northam became a top official after just six years in office.”

      One does what he thinks is right, the other does what he is told?

    • This is not hard. Look at how the GOP does business in Virginia elections.

      The thing about the right is that they will gladly gut each other and put up uber waca-doodles as their last man standing…

      Northam was “shepherded” to the Gov by the Va Dems looking out for their own.

      Chap? He can’t win as an independent and even if he could – he’d get creamed in the GA both sides would have his lunch.

      So who would he align with? The GOP? bahahahahaaa – try again.

  8. One of my college classmates is on Princeton’s Board of Trustees. He alleges that they have a meeting at the end of this week, and there will be “some discussion”. But then, he was also a one-time interim CEO and Chairman of the Board of NPR, or as I call it, National Commie Radio. Though he did help straighten out NPR’s horrific finances during his tenure, I’ve never understood his politics, so all bets are off on what he’s willing to do about Eisgruber.

    Another classmate predicts that Eisgruber will be gone in another 9 months. We can only hope. These guys are nuts.

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