Tag: arent

  • The Arts Aren’t ‘Nice to Have’ — They Can Boost Student Engagement & Attendance – The 74

    The Arts Aren’t ‘Nice to Have’ — They Can Boost Student Engagement & Attendance – The 74


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    Chronic absenteeism is a longstanding problem that has surged to troubling levels. Recent data show that in 20 states, more than 30% of students are chronically absent, about twice the rate seen before the pandemic. Absenteeism is a multifaceted problem, and the reasons students stop showing up aren’t always academic. Sometimes it’s because they don’t feel connected to their school, or they are not engaged in the curriculum. Other times, they face adversity outside the classroom. While the problem is complicated, it’s easy to overlook one of its simplest, most effective solutions: What if the key to keeping students is a performance stage, a music room or an art studio — a creative outlet to shine?

    Despite decades of research, arts education is still treated as a “nice-to-have” when education budgets allow. From 2015 to 2019, the NAMM Foundation conducted a four-year study across 1,700 New York City public schools serving over 1.1 million students. They found that schools offering music and arts programming had lower rates of chronic absenteeism and higher overall school-day attendance than those that didn’t. Similarly, a comparison of cohort data over seven years found that dropout rates fell from 30% to just 6% among students participating in consistent arts programming.

    Clearly, the arts are a powerful tool for academic engagement, resilience and, most importantly, graduation. For example, after tracking more than 22,000 students for 12 years, the National Dropout Prevention Center found that those with high levels of involvement in the arts were five times more likely to graduate from high school than those with low involvement.

    But while over 90% of Americans feel the arts are important for education, only 66% of students participate, and access remains uneven. Charter schools, the fastest-growing segment of public education, have the lowest availability of arts courses: Just 37% of public charter high schools offer arts instruction. Students in charter schools, military families and homeschool programs are too often the ones with the fewest opportunities to engage with the arts, despite needing them most.

    This is an issue that the Cathedral Arts Project in Jacksonville, Florida, is trying to solve.

    In partnership with and with funding from the Florida Department of Education, our program piloted a year-long arts education initiative during the 2024-25 school year, reaching more than 400 students in charter schools, homeschools, military families and crisis care. Our teaching artists visited classrooms weekly, providing instruction in dance, music, visual arts and theater. Throughout the year, students in kindergarten through high school found joy, confidence and connection through creative learning. Homeschool students brought history to life through art projects, children from military families found comfort and stability during times of deployment and young people in crisis discovered new ways to express themselves and heal. Each moment affirmed the power of the arts to help children imagine what’s possible.

    To better understand the impact of this work, we partnered with the Florida Data Science for Social Good program at the University of North Florida to analyze reports and survey evaluations collected from 88% of program participants. Here’s what we found:

    Students grew not only in artistic skill, but also in self-confidence, teamwork, problem-solving and engagement. After completing the program, over 86% of students said they “like to finish what they start” and “can do things even when they are hard” — a key indicator of persistence, which is a strong predictor of long-term academic success. Students rated themselves highly in statements like, “I am good at performance.”

    Families noticed, too. In the age of screens, nearly three-quarters reported that their child had increased in-person social interaction since beginning arts programming and had improved emotional control at home. Nearly one-third saw noticeable gains in creative problem-solving and persistence through challenges.

    According to the State of Educational Opportunity in America survey conducted by 50CAN, parents view the arts as a meaningful contributor to their child’s learning, and they want more of it. In Florida, where families have been given the power of school choice, they’re increasingly seeking out programs that inspire creative thinking and meaningful engagement while promoting academic success. But finding them isn’t always easy. When funding allows, traditional public schools may offer band or visual arts, but these options are often unavailable to families choosing alternative education options for their children.

    Now in its second year, our program fills this critical gap by working directly with school choice families across northeast Florida, bringing structured arts instruction to students who otherwise wouldn’t have access. 

    What makes the arts such an effective intervention? It’s structure, expression and connection. When students learn through the creative process, they navigate frustration, build resilience and find joy in persistence. These are not soft skills — they’re essential for survival, and increasingly important in today’s workplaces.

    Arts education is a necessary investment in student achievement. It’s time for other states to treat it that way and follow Florida’s lead.


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  • More South Carolina Students Are Graduating, But Many Aren’t Ready for Life After High School – The 74

    More South Carolina Students Are Graduating, But Many Aren’t Ready for Life After High School – The 74


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    COLUMBIA — South Carolina high schools posted their highest graduation rate in a decade, but a quarter of students still aren’t ready for college or the workforce, according to state report card data released Monday.

    Generally, South Carolina’s schools improved compared to last year, according to the statewide data that gauges how well schools perform based on test scores, classroom surveys and student growth, among other metrics. Education officials applauded a 10-year high in the number of students graduating on time — meaning they graduated four years after entering ninth grade — while saying they would continue pushing for programs to improve how well those students were prepared for life after high school.

    “We have to make sure that our diplomas are worth more than the piece of paper that they are written on,” said state Superintendent Ellen Weaver.

    Overall, 270 schools rated “excellent” this year, an increase from 232 last year. The bottom tier of “unsatisfactory” decreased from 49 to 31, and “below average” schools dropped from 186 to 145.

    Any time the number of schools in the lowest tier shrinks, that’s good news, since it means children across the state are getting a better education, said Patrick Kelly, a lobbyist with the Palmetto State Teachers Association.

    “There’s encouraging information here,” Kelly said of the report cards.

    Officials from the state Department of Education and the independent Education Oversight Committee, which is tasked by state law with grading schools, announced the results at Annie Burnside Elementary School in Columbia, which jumped two tiers this year, from “average” to “excellent.”

    At the Richland District One school, 83% of the 306 students live in poverty. The school’s big rating boost was due to significant student improvement, as shown by their test scores, and results on a survey about the school’s general environment, according to its report card.

    “Our academic gains are no coincidence,” said Principal Janet Campbell. “They are the result of setting measurable goals, challenging our students to reach them and supporting them along the way.”

    Graduation rates and readiness

    This year, 87% of high schoolers graduated on time, up from 85% last year. That’s worth celebrating, Kelly said.

    “Our goal should be for every student in South Carolina who has the ability to earn a high school diploma,” he said.

    Three-quarters of students were ready for either college or a career after graduation, a gain of 3 percentage points, according to the state data. Less than a third were ready for both.

    Although the gap between students who are graduating and those who are prepared for what comes next continues to shrink slightly, state officials remain concerned about it, Weaver said.

    “At the end of the day, we want our students, when they leave a South Carolina high school, to know that that diploma that they carry is a diploma of value,” Weaver said. “This is a diploma that is going to ensure that they are ready to go onto whatever post-secondary success looks like for them.”

    All 11th graders in the state take a test assessing skills commonly needed for jobs, divided into four areas: math, reading, understanding data and “soft skills,” which include aspects of a job such as dressing professionally and working well with others. Results are graded from 1 to 5, with higher scores suggesting students are ready to pursue more careers.

    Students are considered career-ready if they receive a score of 3 or higher on that test, earn a technical education certificate, complete a state-approved internship or receive a high enough score on the Armed Services Vocational Aptitude Battery to enlist in the military. This year, 73% of students met that benchmark, compared to 70% last year, according to report card data.

    College readiness is based on a student’s score on the ACT or SAT college entrance exam, college credit earned through a dual-enrollment course and/or scores on end-of-course Advanced Placement tests.

    One-third of graduating students were college-ready, which is on par with at least the past five years, according to state data. The rate of high school students applying for college also continued to decrease, with 59% reporting filling out applications this year, compared with 61% last year.

    A gap between graduation rate and readiness for the next step suggests schools are sometimes passing students without actually imparting the skills they need to succeed in life, Kelly said.

    For instance, district policies setting minimum grades teachers can give makes it easier for students to pass their classes, even if they haven’t actually done the work, Kelly said. Alternatives for students who fail tests or classes are sometimes easier, meaning a student can catch up without actually learning the same skills as their peers, he said.

    “We’ve put some policies in place that make it harder to evaluate what a student knows and can do,” Kelly said.

    Beginning this school year, students can follow a so-called pathway to earn credentials that build on each other every year, allowing students to learn more advanced skills meant to make it easier to find a job in the field they want to pursue, said April Allen, chair of the Education Oversight Committee’s governing board.

    “At the same time, we recognize that strengthening the system must go hand-in-hand with addressing the barriers that keep students from wholly engaging in school,” said Allen, who’s also a government relations director for Continental Tire.

    Chronic absenteeism and test scores

    For example, the number of students who missed at least 10 days of school this year remained a concern, Allen said.

    Around 23% of students were chronically absent, essentially the same number as last year. The more days of school a student misses, the less likely they are to perform as expected for their grade level on end-of-year tests, according to a report the committee put out last year.

    Those tests, in turn, play a role in determining how well a school or a district is performing. Officials and teachers’ advocates credited the Palmetto Literacy Project and a change in how early educators teach reading for improving English scores, but math scores remain low, with less than half of third- through eighth-graders able to perform on grade level, according to state testing data.

    Just over half the state’s high school students scored at least a C, which is a 70%, on their end-of-course Algebra I exams, often taken freshman year, according to report card data. Nearly 69% passed their English 2 exams, typically taken sophomore year.

    While rooting for improvement, teachers’ advocates also warned against depending too heavily on a single exam score in deciding how well teachers and students are performing. A single, high-pressure exam at the end of the year is not necessarily the best indicator of school performance, said Dena Crews, president of the South Carolina Education Association.

    “If people are making judgments based on that, they’re missing a whole lot about schools and districts,” Crews said.

    Teacher support

    The Department of Education plans to focus on teachers in 2026, Weaver said.

    “The No. 1 thing that we have to do to support student learning is take care of our teachers,” Weaver said.

    She is asking legislators to raise the minimum pay for a first-year teacher to $50,000, up from $48,500. Legislators have increased the pay floor in increments for years, with the stated goal of reaching $50,000.

    Weaver is also asking for $5 million to continue a pilot program that awards teachers bonuses based on how well their students perform on tests. She also wants to start a program that offers extra pay to exceptional teachers who mentor others. The additional responsibility would be another way to earn more money without leaving the classroom to go into school administration, she said.

    Supporting teachers is key in improving how well schools are performing, Kelly said. The promising results in this year’s report cards came after the first dip in teacher vacancies since 2019, he added.

    “It should not be a surprise to see school performance improve as teacher vacancies go down,” Kelly said.

    SC Daily Gazette is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. SC Daily Gazette maintains editorial independence. Contact Editor Seanna Adcox for questions: [email protected].


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  • Algorithms aren’t the problem. It’s the classification system they support

    Algorithms aren’t the problem. It’s the classification system they support

    The Office for Students (OfS) has published its annual analysis of sector-level degree classifications over time, and alongside it a report on Bachelors’ degree classification algorithms.

    The former is of the style (and with the faults) we’ve seen before. The latter is the controversial bit, both to the extent to which parts of it represent a “new” set of regulatory requirements, and a “new” set of rules over what universities can and can’t do when calculating degree results.

    Elsewhere on the site my colleague David Kernohan tackles the regulation issue – the upshots of the “guidance” on the algorithms, including what it will expect universities to do both to algorithms in use now, and if a provider ever decides to revise them.

    Here I’m looking in detail at its judgements over two practices. Universities are, to all intents and purposes, being banned from any system which discounts credits with the lowest marks – a practice which the regulator says makes it difficult to demonstrate that awards reflect achievement.

    It’s also ruling out “best of” algorithm approaches – any universities that determine degree class by running multiple algorithms and selecting the one that gives the highest result will also have to cease doing so. Anyone still using these approaches by 31 July 2026 has to report itself to OfS.

    Powers and process do matter, as do questions as to whether this is new regulation, or merely a practical interpretation of existing rules. But here I’m concerned with the principle. Has OfS got a point? Do systems such as those described above amount to misleading people who look at degree results over what a student has achieved?

    More, not less

    A few months ago now on Radio 4’s More or Less, I was asked how Covid had impacted university students’ attainment. On a show driven by data, I was wary about admitting that as a whole, I think it would be fair to say that UK HE isn’t really sure.

    When in-person everything was cancelled back in 2020, universities scrambled to implement “no detriment” policies that promised students wouldn’t be disadvantaged by the disruption.

    Those policies took various forms – some guaranteed that classifications couldn’t fall below students’ pre-pandemic trajectory, others allowed students to select their best marks, and some excluded affected modules entirely.

    By 2021, more than a third of graduates were receiving first-class honours, compared to around 16 per cent a decade earlier – with ministers and OfS on the march over the risk of “baking in” the grade inflation.

    I found that pressure troubling at the time. It seemed to me that for a variety of reasons, providers may have, as a result of the pandemic, been confronting a range of faults with degree algorithms – for the students, courses and providers that we have now, it was the old algorithms that were the problem.

    But the other interesting thing for me was what those “safety net” policies revealed about the astonishing diversity of practice across the sector when it comes to working out the degree classification.

    For all of the comparison work done – including, in England, official metrics on the Access and Participation Dashboard over disparities in “good honours” awarding – I was wary about admitting to Radio 4’s listeners that it’s not just differences in teaching, assessment and curriculum that can drive someone getting a First here and a 2:2 up the road.

    When in-person teaching returned in 2022 and 2023, the question became what “returning to normal” actually meant. Many – under regulatory pressure not to “bake in” grade inflation – removed explicit no-detriment policies, and the proportion of firsts and upper seconds did ease slightly.

    But in many providers, many of the flexibilities introduced during Covid – around best-mark selection, module exclusions and borderline consideration – had made explicit and legitimate what was already implicit in many institutional frameworks. And many were kept.

    Now, in England, OfS is to all intents and purposes banning a couple of the key approaches that were deployed during Covid. For a sector that prizes its autonomy above almost everything else, that’ll trigger alarm.

    But a wider look at how universities actually calculate degree classifications reveals something – the current system embodies fundamentally different philosophies about what a degree represents, are philosophies that produce systematically different outcomes for identical student performance, and are philosophies that should not be written off lightly.

    What we found

    Building on David Allen’s exercise seven years ago, a couple of weeks ago I examined the publicly available degree classification regulations for more than 150 UK universities, trawling through academic handbooks, quality assurance documents and regulatory frameworks.

    The shock for the Radio 4 listener on the Clapham Omnibus would be that there is no standardised national system with minor variations, but there is a patchwork of fundamentally different approaches to calculating the same qualification.

    Almost every university claims to use the same framework for UG quals – the Quality Assurance Agency benchmarks, the Framework for Higher Education Qualifications and standard grade boundaries of 70 for a first, 60 for a 2:1, 50 for a 2:2 and 40 for a third. But underneath what looks like consistency there’s extraordinary diversity in how marks are then combined into final classifications.

    The variations cluster around a major divide. Some universities – predominantly but not exclusively in the Russell Group – operate on the principle that a degree classification should reflect the totality of your assessed work at higher levels. Every module (at least at Level 5 and 6) counts, every mark matters, and your classification is the weighted average of everything you did.

    Other universities – predominantly post-1992 institutions but with significant exceptions – take a different view. They appear to argue that a degree classification should represent your actual capability, demonstrated through your best work.

    Students encounter setbacks, personal difficulties and topics that don’t suit their strengths. Assessment should be about demonstrating competence, not punishing every misstep along a three-year journey.

    Neither philosophy is obviously wrong. The first prioritises consistency and comprehensiveness. The second prioritises fairness and recognition that learning isn’t linear. But they produce systematically different outcomes, and the current system does allow both to operate under the guise of a unified national framework.

    Five features that create flexibility

    Five structural features appear repeatedly across university algorithms, each pushing outcomes in one direction.

    1. Best-credit selection

    This first one has become widespread, particularly outside the Russell Group. Rather than using all module marks, many universities allow students to drop their worst performances.

    One uses the best 105 credits out of 120 at each of Levels 5 and 6. Another discards the lowest 20 credits automatically. A third takes only the best 90 credits at each level. Several others use the best 100 credits at each stage.

    The rationale is obvious – why should one difficult module or one difficult semester define an entire degree?

    But the consequence is equally obvious. A student who scores 75-75-75-75-55-55 across six modules averages 68.3 per cent. At universities where everything counts, that’s a 2:1. At universities using best-credit selection that drops the two 55s, it averages 75 – a clear first.

    Best-credit selection is the majority position among post-92s, but virtually absent at Russell Group universities. OfS is now pretty much banning this practice.

    The case against rests on B4.2(c) (academic regulations must be “designed to ensure” awards are credible) and B4.4(e) (credible means awards “reflect students’ knowledge and skills”). Discounting credits with lowest marks “excludes part of a student’s assessed achievement” and so:

    …may result in a student receiving a class of degree that overlooks material evidence of their performance against the full learning outcomes for the course.

    2. Multiple calculation routes

    These take that principle further. Several universities calculate your degree multiple ways and award whichever result is better. One runs two complete calculations – using only your best 100 credits at Level 6, or taking your best 100 at both levels with 20:80 weighting. You get whichever is higher.

    Another offers three complete routes – unweighted mean, weighted mean and a profile-based method. Students receive the highest classification any method produces.

    For those holding onto their “standards”, this sort of thing is mathematically guaranteed to inflate outcomes. You’re measuring the best possible interpretation of what students achieved, not what they achieved every time. As a result, comparison across institutions becomes meaningless. Again, this is now pretty much being banned.

    This time, the case against is that:

    …the classification awarded should not simply be the most favourable result, but the result that most accurately reflects the student’s level of achievement against the learning outcomes.

    3. Borderline uplift rules

    What happens on the cusps? Borderline uplift rules create all sorts of discretion around the theoretical boundaries.

    One university automatically uplifts students to the higher class if two-thirds of their final-stage credits fall within that band, even if their overall average sits below the threshold. Another operates a 0.5 percentage point automatic uplift zone. Several maintain 2.0 percentage point consideration zones where students can be promoted if profile criteria are met.

    If 10 per cent of students cluster around borderlines and half are uplifted, that’s a five per cent boost to top grades at each boundary – the cumulative effect is substantial.

    One small and specialist plays the counterfactual – when it gained degree-awarding powers, it explicitly removed all discretionary borderline uplift. The boundaries are fixed – and it argues this is more honest than trying to maintain discretion that inevitably becomes inconsistent.

    OfS could argue borderline uplift breaches B4.2(b)’s requirement that assessments be “reliable” – defined as requiring “consistency as between students.”

    When two students with 69.4% overall averages receive different classifications (one uplifted to First, one remaining 2:1) based on mark distribution patterns or examination board discretion, the system produces inconsistent outcomes for identical demonstrated performance.

    But OfS avoids this argument, likely because it would directly challenge decades of established discretion on borderlines – a core feature of the existing system. Eliminating all discretion would conflict with professional academic judgment practices that the sector considers fundamental, and OfS has chosen not to pick that fight.

    4. Exit acceleration

    Heavy final-year weighting amplifies improvement while minimising early difficulties. Where deployed, the near-universal pattern is now 25 to 30 per cent for Level 5 and 70 to 75 per cent for Level 6. Some institutions weight even more heavily, with year three counting for 60 per cent of the final mark.

    A student who averages 55 in year two and 72 in year three gets 67.2 overall with typical 30:70 weighting – a 2:1. A student who averages 72 in year two and 55 in year three gets 59.9 – just short of a 2:1.

    The magnitude of change is identical – it’s just that the direction differs. The system structurally rewards late bloomers and penalises any early starters who plateau.

    OfS could argue that 75 per cent final-year weighting breaches B4.2(a)’s requirement for “appropriately comprehensive” assessment. B4 Guidance 335M warns that assessment “focusing only on material taught at the end of a long course… is unlikely to provide a valid assessment of that course,” and heavy (though not exclusive) final-year emphasis arguably extends this principle – if the course’s subject matter is taught across three years, does minimizing assessment of two-thirds of that teaching constitute comprehensive evaluation?

    But OfS doesn’t make this argument either, likely because year weighting is explicit in published regulations, often driven by PSRB requirements, and represents settled institutional choices rather than recent innovations. Challenging it would mean questioning established pedagogical frameworks rather than targeting post-hoc changes that might mask grade inflation.

    5. First-year exclusion

    Finally, with a handful of institutional and PSRB exceptions, the first-year-not-counting is now pretty much universal, removing what used to be the bottom tail of performance distributions.

    While this is now so standard it seems natural, it represents a significant structural change from 20 to 30 years ago. You can score 40s across the board in first year and still graduate with a first if you score 70-plus in years two and three.

    Combine it with other features, and the interaction effects compound. At universities using best 105 credits at each of Levels 5 and 6 with 30:70 weighting, only 210 of 360 total credits – 58 per cent – actually contribute to your classification. And so on.

    OfS could argue first-year exclusion breaches comprehensiveness requirements – when combined with best-credit selection, only 210 of 360 total credits (58%) might count toward classification. But OfS explicitly notes this practice is now “pretty much universal” with only “a handful of institutional and PSRB exceptions,” treating it as neutral accepted practice rather than a compliance concern.

    Targeting something this deeply embedded across the sector would face overwhelming institutional autonomy defenses and would effectively require the sector to reinstate a practice it collectively abandoned over the past two decades.

    OfS’ strategy is to focus regulatory pressure on recent adoptions of “inherently inflationary” practices rather than challenging longstanding sector-wide norms.

    Institution type

    Russell Group universities generally operate on the totality-of-work philosophy. Research-intensives typically employ single calculation methods, count all credits and maintain narrow borderline zones.

    But there are exceptions. One I’ve seen has automatic borderline uplift that’s more generous than many post-92s. Another’s 2.0 percentage point borderline zone adds substantial flexibility. If anything, the pattern isn’t uniformity of rigour – it’s uniformity of philosophy.

    One London university has a marks-counting scheme rather than a weighted average – what some would say is the most “rigorous” system in England. And two others – you can guess who – don’t fit this analysis at all, with subject-specific systems and no university-wide algorithms.

    Post-1992s systematically deploy multiple flexibility features. Best-credit selection appears at roughly 70 per cent of post-92s. Multiple calculation routes appear at around 40 per cent of post-92s versus virtually zero per cent at research-intensive institutions. Several post-92s have introduced new, more flexible classification algorithms in the past five years, while Russell Group frameworks have been substantially stable for a decade or more.

    This difference reflects real pressures. Post-92s face acute scrutiny on student outcomes from league tables, OfS monitoring and recruitment competition, and disproportionately serve students from disadvantaged backgrounds with lower prior attainment.

    From one perspective, flexibility is a cynical response to metrics pressure. From another, it’s recognition that their students face different challenges. Both perspectives contain truth.

    Meanwhile, Scottish universities present a different model entirely, using GPA-based calculations across SCQF Levels 9 and 10 within four-year degree structures.

    The Scottish system is more internally standardised than the English system, but the two are fundamentally incompatible. As OfS attempts to mandate English standardisation, Scottish universities will surely refuse, citing devolved education powers.

    London is a city with maximum algorithmic diversity within minimum geographic distance. Major London universities use radically different calculation systems despite competing for similar students. A student with identical marks might receive a 2:1 at one, a first at another and a first with higher average at a third, purely over algorithmic differences.

    What the algorithm can’t tell you

    The “five features” capture most of the systematic variation between institutional algorithms. But they’re not the whole story.

    First, they measure the mechanics of aggregation, not the standards of marking. A 65 per cent essay at one university may represent genuinely different work from a 65 per cent at another. External examining is meant to moderate this, but the system depends heavily on trust and professional judgment. Algorithmic variation compounds whatever underlying marking variation exists – but marking standards themselves remain largely opaque.

    Second, several important rules fall outside the five-feature framework but still create significant variation. Compensation and condonement rules – how universities handle failed modules – differ substantially. Some allow up to 30 credits of condoned failure while still classifying for honours. Others exclude students from honours classification with any substantial failure, regardless of their other marks.

    Compulsory module rules also cut across the best-credit philosophy. Many universities mandate that dissertations or major projects must count toward classification even if they’re not among a student’s best marks. Others allow them to be dropped. A student who performs poorly on their dissertation but excellently elsewhere will face radically different outcomes depending on these rules.

    In a world where huge numbers of students now have radically less module choice than they did just a few years ago as a result of cuts, they would have reason to feel doubly aggrieved if modules they never wanted to take in the first place will now count when they didn’t last week.

    Several universities use explicit credit-volume requirements at each classification threshold. A student might need not just a 60 per cent average for a 2:1, but also at least 180 credits at 60 per cent or above, including specific volumes from the final year. This builds dual criteria into the system – you need both the average and the profile. It’s philosophically distinct from borderline uplift, which operates after the primary calculation.

    And finally, treatment of reassessed work varies. Nearly all universities cap resit marks at the pass threshold, but some exclude capped marks from “best credit” calculations while others include them. For students who fail and recover, this determines whether they can still achieve high classifications or are effectively capped at lower bands regardless of their other performance.

    The point isn’t so much that I (or OfS) have missed the “real” drivers of variation – the five features genuinely are the major structural mechanisms. But the system’s complexity runs deeper than any five-point list can capture. When we layer compensation rules onto best-credit selection, compulsory modules onto multiple calculation routes, and volume requirements onto borderline uplift, the number of possible institutional configurations runs into the thousands.

    The transparency problem

    Every day’s a school day at Wonkhe, but what has been striking for me is quite how difficult the information has been to access and compare. Some institutions publish comprehensive regulations as dense PDF documents. Others use modular web-based regulations across multiple pages. Some bury details in programme specifications. Several have no easily locatable public explanation at all.

    UUK’s position on this, I’d suggest, is a something of a stretch:

    University policies are now much more transparent to students. Universities are explaining how they calculate the classification of awards, what the different degree classifications mean and how external examiners ensure consistency between institutions.

    Publication cycles vary unpredictably, cohort applicability is often ambiguous, and cross-referencing between regulations, programme specifications and external requirements adds layers upon layers of complexity. The result is that meaningful comparison is effectively impossible for anyone outside the quality assurance sector.

    This opacity matters because it masks that non-comparability problem. When an employer sees “2:1, BA in History” on a CV, they have no way of knowing whether this candidate’s university used all marks or selected the best 100 credits, whether multiple calculation routes were available or how heavily final-year work was weighted. The classification looks identical regardless. That makes it more, not less, likely that they’ll just go on prejudices and league tables – regardless of the TEF medal.

    We can estimate the impact conservatively. Year one exclusion removes perhaps 10 to 15 per cent of the performance distribution. Best-credit selection removes another five to 10 per cent. Heavy final-year weighting amplifies improvement trajectories. Multiple calculation routes guarantee some students shift up a boundary. Borderline rules uplift perhaps three to five per cent of the cohort at each threshold.

    Stack these together and you could shift perhaps 15 to 25 per cent of students up one classification band compared to a system that counted everything equally with single-method calculation and no borderline flexibility. Degree classifications are measuring as much about institutional algorithm choices as about student learning or teaching quality.

    Yes, but

    When universities defend these features, the justifications are individually compelling. Best-credit selection rewards students’ strongest work rather than penalising every difficult moment. Multiple routes remove arbitrary disadvantage. Borderline uplift reflects that the difference between 69.4 and 69.6 per cent is statistically meaningless. Final-year emphasis recognises that learning develops over time. First-year exclusion creates space for genuine learning without constant pressure.

    None of these arguments is obviously wrong. Each reflects defensible beliefs about what education is for. The problem is that they’re not universal beliefs, and the current system allows multiple philosophies to coexist under a facade of equivalence.

    Post-92s add an equity dimension – their flexibility helps students from disadvantaged backgrounds who face greater obstacles. If standardisation forces them to adopt strict algorithms, degree outcomes will decline at institutions serving the most disadvantaged students. But did students really learn less, or attain to a “lower” standard?

    The counterargument is that if the algorithm itself makes classifications structurally easier to achieve, you haven’t promoted equity – you’ve devalued the qualification. And without the sort of smart, skills and competencies based transcripts that most of our pass/fail cousins across Europe adopt, UK students end up choosing between a rock and a hard place – if only they were conscious of that choice.

    The other thing that strikes me is that the arguments I made in December 2020 for “baking in” grade inflation haven’t gone away just because the pandemic has. If anything, the case for flexibility has strengthened as the cost of living crisis, inadequate maintenance support and deteriorating student mental health create circumstances that affect performance through no fault of students’ own.

    Students are working longer hours in paid employment to afford rent and food, living in unsuitable accommodation, caring for family members, and managing mental health conditions at record levels. The universities that retained pandemic-era flexibilities – best-credit selection, generous borderline rules, multiple calculation routes – aren’t being cynical about grade inflation. They’re recognising that their students disproportionately face these obstacles, and that a “totality-of-work” philosophy systematically penalises students for circumstances beyond their control rather than assessing what they’re actually capable of achieving.

    The philosophical question remains – should a degree classification reflect every difficult moment across three years, or should it represent genuine capability demonstrated when circumstances allow? Universities serving disadvantaged students have answered that question one way – research-intensive universities serving advantaged students have answered it another.

    OfS’s intervention threatens to impose the latter philosophy sector-wide, eliminating the flexibility that helps students from disadvantaged backgrounds show their “best selves” rather than punishing them for structural inequalities that affect their week-to-week performance.

    Now what

    As such, a regulator seeking to intervene faces an interesting challenge with no obviously good options – albeit one of its own making. Another approach might have been to cap the most egregious practices – prohibit triple-route calculations, limit best-credit selection to 90 per cent of total credits, cap borderline zones at 1.5 percentage points.

    That would eliminate the worst outliers while preserving meaningful autonomy. The sector would likely comply minimally while claiming victory, but oodles of variation would remain.

    A stricter approach would be mandating identical algorithms – but would provoke rebellion. Devolved nations would refuse, citing devolved powers and triggering a constitutional comparison. Research intensive universities would mount legal challenges on academic freedom grounds, if they’re not preparing to do so already. Post-92s would deploy equity arguments, claiming standardisation harms universities serving disadvantaged students.

    A politically savvy but inadequate approach might have been mandatory transparency rather than prescription. Requiring universities to publish algorithms in standardised format with some underpinning philosophy would help. That might preserve autonomy while creating a bit of accountability. Maybe competitive pressure and reputational risk will drive voluntary convergence.

    But universities will resist even being forced to quantify and publicise the effects of their grading systems. They’ll argue it undermines confidence and damages the UK’s international reputation.

    Given the diversity of courses, providers, students and PSRBs, algorithms also feel like a weird thing to standardise. I can make a much better case for a defined set of subject awards, a shared governance framework (including subject benchmark statements, related PSRBs and degree algorithms) than I can for tightening standardisation in isolation.

    The fundamental problem is that the UK degree classification system was designed for a different age, a different sector and a different set of students. It was probably a fiction to imagine that sorting everyone into First, 2:1, 2:2 and Third was possible even 40 years ago – but today, it’s such obvious nonsense that without richer transcripts, it just becomes another way to drag down the reputation of the sector and its students.

    Unfit for purpose

    In 2007, the Burgess Review – commissioned by Universities UK itself – recommended replacing honours degree classifications with detailed achievement transcripts.

    Burgess identified the exact problems we have today – considerable variation in institutional algorithms, the unreliability of classification as an indicator of achievement, and the fundamental inadequacy of trying to capture three years of diverse learning in a single grade.

    The sector chose not to implement Burgess’s recommendations, concerned that moving away from classifications would disadvantage UK graduates in labour markets “where the classification system is well understood.”

    Eighteen years later, the classification system is neither well understood nor meaningful. A 2:1 at one institution isn’t comparable to a 2:1 at another, but the system’s facade of equivalence persists.

    The sector chose legibility and inertia over accuracy and ended up with neither – sticking with a system that protected institutional diversity while robbing students of the ability to show off theirs. As we see over and over again, a failure to fix the roof when the sun was shining means reform may now arrive externally imposed.

    Now the regulator is knocking on the conformity door, there’s an easy response. OfS can’t take an annual pop at grade inflation if most of the sector abandons the outdated and inadequate degree classification system. Nothing in the rules seems to mandate it, some UG quals don’t use it (think regulated professional bachelors), and who knows where the White Paper’s demand for meaningful exit awards at Level 4 and 5 fit into all of this.

    Maybe we shouldn’t be surprised that a regulator that oversees a meaningless and opaque medal system with a complex algorithm that somehow boils an entire university down to “Bronze”, “Silver” Gold” or “Requires Improvement” is keen to keep hold of the equivalent for students.

    But killing off the dated relic would send a really powerful signal – that the sector is committed to developing the whole student, explaining their skills and attributes and what’s good about them – rather than pretending that the classification makes the holder of a 2:1 “better” than those with a Third, and “worse” than those with a First.

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  • Religion and politics aren’t supposed to mix

    Religion and politics aren’t supposed to mix

    Ukrainian President Volodymyr Zelensky says religion was one topic his family never mentioned at the dinner table.

    That could be because he’s from the Jewish minority, or because the overwhelming Orthodox Christian majority was split into different branches.

    Ukraine’s Orthodox have gradually become more Ukrainian, to the detriment of a once-powerful pro-Russian Church, and the trend has sped up now that Kyiv and Moscow are at war.

    The conflict between the pro-Kyiv Orthodox Church of Ukraine (OCU) and the pro-Moscow Ukrainian Orthodox Church (UOC) gets lost in the international coverage of the drama on the battlefield.

    But with about 80% of Ukrainians identifying as Orthodox Christians, even if probably less than half attend church regularly, this split between the two Churches seeps into politics.

    Christmas in Kyiv

    The religious conflict crept into the news last month when the pro-Kyiv Church authorized all Ukrainian parishes to celebrate Christmas on December 25 if they wished, rather than the traditional Orthodox date of January 7.

    The symbolism of allowing Christmas to be celebrated on the date used in the West was not lost on Ukrainian believers.

    The roots to this clash go back to the communist period. While Ukraine was part of the Soviet Union, it was under the umbrella of the Russian Orthodox Church.

    When the Soviet Union collapsed in 1991, the Ukrainian Orthodox Church continued to operate in the newly sovereign Ukraine, but proclaimed its loyalty to the Moscow Patriarchate.

    Ukrainian patriots objected and said they deserved their own Church. Their rival Orthodox Church of Ukraine was created in 1992, soon after Ukraine’s independence. It was recognized as autocephalous (independent) by the Ecumenical Patriarchate in Istanbul — the highest authority in Orthodox Christianity — in 2019.

    The politics of praying in Ukrainian

    The two Churches have the same theology, liturgy and even architecture as the Moscow Church. But the Kyiv Church prays in Ukrainian rather than Church Slavonic and declares allegiance to Ecumenical Patriarch Bartholomew in Istanbul instead of Moscow’s Patriarch Kirill.

    Originally much larger, the Moscow Church saw parishes defecting to its rival, especially after the war began. Under this pressure, the Ukrainian branch declared its independence from Russia in May, condemned the invasion and refused to recognize Patriarch Kirill in its liturgies.

    It’s unclear now which Church is larger. But the head of the Kyiv Patriarchate, Metropolitan Epiphinius, told Religion News Service in May: “Every day, Ukrainians are gradually coming to understand which Church is truly Ukrainian and which Church is Russian.”

    The Moscow Patriarchate tried to shield off Russian-occupied Crimea by creating its own metropolitanate (archdiocese) there in June. The Kyiv Church refused to recognize this.

    When Putin annexed four Ukrainian territories in September — even though he did not completely control them — he tried to justify the move in religious terms, calling it a “glorious spiritual choice.”

    Sermons, spies and the Security Service

    But Kyiv increasingly saw the pro-Moscow Church as a fifth column, or spies of Putin. In October, the acting head of Ukraine’s Security Service revealed it had found 33 suspected Russian agents among the Moscow Church’s clergy in Ukraine.

    Some preached pro-Russian sermons, Kyiv said, some had anti-Ukrainian literature and some were army chaplains who passed on information about Ukrainian artillery batteries to Russian agents.

    That’s when the Kyiv Church authorized all Ukrainian parishes to celebrate Christmas on December 25 if they wished. On December 1, Zelensky upped the ante by calling for an official ban on all activities of the Moscow Patriarchate’s Church in Ukraine. Parliament was asked to draft a suitable law, which may be difficult given the provision in the Ukrainian constitution of freedom of religion.

    In late December, Ukraine refused to renew the Moscow Church’s lease on the Cathedral of the Dormition at Kyiv’s Monastery of the Caves, traditionally the center of Ukrainian Orthodoxy.

    On January 7, Metropolitan Epiphanius, head of the pro-Kyiv Church, celebrated the traditional Christmas there to show he was the new man in charge now.

    And in its latest turn to faith, Russia called for a 36-hour truce to mark the traditional Christmas on January 7. Kyiv and its western allies rejected this as a cynical ploy, and both sides continued shelling each other as if nothing had happened.

    The battlefield struggle is still the main story, both in its ultimate importance and in the David-and-Goliath story that readers understand. The religious rivalry will always be secondary.

    But these pinpricks on the faith front add up to a new phase in the growth of local nationalism, which helps buoy Ukrainian morale. In hoping to defeat a country he thought would easily give in, Putin has done more than anyone to forge a united and defiant Ukrainian nation.


     

    Three questions to consider:

    1. Why do politicians often appeal to religion during a war?

    2. Do mainstream journalists make religious angles clear in a conflict?

    3. When do separate small events add up to a noteworthy trend?


     

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  • Many Kids Aren’t Ready for School Before Age 5. So Why Do They Have to Go Anyway? – The 74

    Many Kids Aren’t Ready for School Before Age 5. So Why Do They Have to Go Anyway? – The 74


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    This summer, Washington, D.C., parents were notified that they’d no longer be able to hold their child back from starting kindergarten if the student turned 5 years old before Sept. 30. Previously, the decision on so-called redshirting had been left up to families, with advice from pediatricians and child psychologists.

    In New York City, America’s largest school district, the birthday cut-off is even later: Dec. 31. One-third of children are required to begin kindergarten prior to turning 5. This is a cause of concern for many families.

    The city Department of Education doesn’t see it as a problem. In an email, a spokesperson told me its official stance is, “We work to provide all families access to a world-class education, and we work closely with families to ensure students’ placements are academically and developmentally appropriate, in alignment with state guidelines. Our policies allow for flexibility, our kindergarten curriculum is responsive to the needs of our younger learners, and our dedicated educators are prepared to support every student.”

    Not all are appeased.

    “I have a 4-year-old who will start kindergarten this fall but doesn’t turn 5 until after Thanksgiving,” worried mom CK told me. “I think it’s a big disservice to these kids. The amount of sitting isn’t developmentally appropriate, and the lack of free play is concerning.”

    Parents are justified in their concerns. As the Child Mind Institute summarized in June:

    Several studies have concluded that kids who are youngest in their class are disproportionately diagnosed with ADHD. A Michigan study found that kindergartners who are the youngest in their grade are 60% more likely to be diagnosed with ADHD than the oldest in their grade. And it doesn’t affect just kindergarteners: A North Carolina study found that in fifth and eighth grade, the youngest children were almost twice as likely as the oldest to be prescribed medication for ADHD.

    The research didn’t sit well with some teachers. One blasted my social media inquiry seeking views on redshirting by writing, “ADHD is a very serious IEP (Individualized Education Plan) and we don’t hand them out like candy.”

    Others, however, agreed.

    “My daughter was one of the youngest in her class,” wrote an anonymous mother. “The teacher and school counselor mislabeled her with psychological disorders that both NY special education testing and private neurological tests did not support.”

    “More of my students with an IEP have a birthday in the second half of the calendar year,” confirmed Mary C., who has been a special ed teacher for 12 years. “I understand where an incoming K parent would be concerned that their December baby is much younger than a June baby.”

    That was the case with Upper West Side parent KE’s son. “He is the youngest and smallest boy in the grade,” she wrote. “He started kindergarten at 4 years old, still sucking his thumb. The physical, emotional, social, psychological and other developmental differences between a 5-year-old born in January and a 4-year-old born in December impacts everything from holding a pencil to kicking a ball, to the length of time one can sit and concentrate. It was too early, too soon and too young, but we literally had no choice in the matter in order to enroll him.”

    The problems that pop up with younger students can reverberate beyond elementary school.

    Pree Kaur lamented that her daughter “is always the younger one and is not as mentally developed as her peers, so she always feels as if something is wrong with her.”

    The Riverdale dad of a son born in November wrote, “He had some difficulty following his teacher’s instructions in first grade, and his teacher repeatedly pointed out that he has difficulty sitting still, staying focused, etc. We had him evaluated by a pediatric developmental specialist and he was diagnosed with ADHD. I really struggle with the whole situation, as I believe if we were able to get him to go to school a year later, matters may have been different.”

    “My daughter attended a citywide gifted program. She was doing great, but it came with a price,” confessed Annie Tate. “She was high-functioning until high school, where she was overwhelmed and was diagnosed with ADHD, a diagnosis I believe she wouldn’t have received if I didn’t send her to school at 4 years, 8 months. She would have matured emotionally and physically to be a healthier, happier child.”

    Pediatric occupational therapist KJL sees this situation frequently: “Children with ADHD have a 30% delay in executive function compared to their peers. Combine that with young ages, and these children are set up to fail.”

    When I posed the question of allowing parents to hold back their children on my mailing list, the most frequent response I received was, “SOMEONE has to be the youngest.”

    That’s true. But the situation can still be ameliorated.

    Grades with multiple classes can be broken up into three- or four-month bands, so students are learning with a narrower-aged peer group.

    Repeating a year should be a more acceptable option, unlike the situation faced by mom Heather Hooks: “My son was very behind academically in first grade. The school refused to hold him back and cited studies on ‘retention’ being not good for kids in the long run. I found these didn’t take into consideration that this was not straight retention, but redshirting an ADHD kid. Other studies were significantly different, and suggested these kids have better outcomes and are less likely to be medicated.”

    Another mom was told her daughter “wasn’t behind enough,” despite the child’s pleas that “it’s too much for my head.”

    Any steps taken to help New York City’s youngest learners would provide the largest experimental sample size in the country, making those results potentially beneficial for students across America.

    Based on what happens in NYC, the educational system can stop treating children as developmentally identical and schools as one-size-fits-all, giving families more options.

    As Maureen Yusuf-Morales, who has worked at public, charter and independent schools, suggests, “Parents with children born after September should be allowed choice with guidance based on developmental milestones, as opposed to birthdays being the only hard-and-fast rule.”


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  • Why aren’t we addressing inequity of outcomes for postgraduates?

    Why aren’t we addressing inequity of outcomes for postgraduates?

    One of the major trends in UK higher education is the increasing number of postgraduate students.

    There are now as many postgraduate taught students graduating every year as there are undergraduates.

    However, the equity of postgraduate experience and outcomes is almost completely overlooked.

    Modern postgraduates

    The postgraduate population is large and increasingly diverse. Approximately 450,000 students complete a postgraduate qualification in UK higher education institutions every year. 11 per cent of those students have declared a disability. Some 28 per cent of postgraduate taught students with a permanent UK address identify as Global Majority, while 9 per cent identify as Black and 13 per cent as Asian and those proportions are increasing year-on-year. One in three postgraduate taught students pay international fees.

    Whereas 10 years ago most international students were from the EU or China, the diversity of nationalities in postgraduate cohorts is growing. Data on the socioeconomic demographics of postgraduates is not currently available, but it is likely that the increase in students from socioeconomically deprived areas undertaking undergraduate study population is mirrored at masters level. Half of postgraduate students study their programmes on a part-time basis. Excluding those on visas that prohibit working, we can assume that a significant proportion of postgraduates are combining study with paid employment. The diversity of the postgraduate population is therefore considerable.

    Given how widespread inequity of outcomes is at undergraduate level, it would be extraordinary if the outcome gaps we see on the basis of disability, ethnicity and socioeconomic status were not replicated at postgraduate level. They may even be more acute for postgraduates given the higher costs of tuition fees and the increased academic independence required for postgraduate study. Yet there is almost no awareness or activity around equity or outcomes for this huge cohort of students.

    Lack of activity

    At undergraduate level there has been significant progress made in terms of awareness of student outcomes and inequity. Institutional committees and working groups scrutinise split metric data to assess ‘gaps’ in outcomes between demographic groups. Action plans are in place to address inequity of access, continuation, degree completion, degree class awarded and progression. Senior leadership teams monitor progress against established equity key performance indicators. Providers are even bringing in consultancy companies whose sole business is to help institutions understand the language of Access and Participation Plans. Universities are at least talking the talk around improving equity of outcomes, even if progress lags significantly behind this.

    However, none of this activity is replicated for postgraduate students. There isn’t a data dashboard of split metrics for postgraduate student outcomes. We haven’t even established the equivalent of the undergraduate degree classification awarding gap. Why isn’t there an outcome gap focussed on demographic equity of distinctions awarded for postgraduate taught students? Why aren’t we looking at completion rates for postgraduate students through the lens of disability and socioeconomic status?

    Pragmatically, the answer to this question is that the Office for Students has thus far paid little attention to postgraduate student outcomes, let alone equity of outcomes. The Teaching Excellence Framework included undergraduate courses with a postgraduate component (e.g. an integrated masters), but excluded postgraduate taught and postgraduate research provision. Access and Participation Plans are linked to the ability to charge the higher rate of undergraduate tuition fee, so again exclude postgraduate students.

    League table providers also ignore postgraduates. HESA only publish data on postgraduate qualifications awarded, and the publically available data is not broken down by demographic factors other than gender. In the contemporary higher education landscape, what gets measured gets done. If universities are not prioritising postgraduate outcomes, it is because the regulatory landscape allows them not to.

    Entry and equity

    It is also important to note that many masters programmes will now accept students with a lower second class degree. Those same students who were disadvantaged by the awarding gap at undergraduate level are now likely to be the ones struggling with the increased academic requirements at masters level. If a student never got past the hidden curriculum in three years of undergraduate study, what are their chances of overcoming it in a one year masters course?

    Postgraduate programme leaders need to be aware of these issues, and adopt parallel approaches to those managing transition into undergraduate study. They need to design activities and assessments to address disparities in entry qualifications. They need to build the confidence of students who missed out on higher undergraduate grades.

    To really focus on equity at postgraduate level, we also need to address inequity for international students. The regulatory link between APP and the home undergraduate tuition fee means students with any other fee status are excluded. This has the inevitable result that the sector barely considers inequity for international students, but is more than happy to take their fees. This is deeply uncomfortable at undergraduate level, but even more concerning at postgraduate level, where one in three students is international.

    To make change, senior institutional leaders need to see postgraduate outcomes as a priority. In the current landscape, this strategic direction needs to come from the Office for Students. The equivalent data infrastructure developed for undergraduate outcomes needs to be built for postgraduates. Future iterations of the TEF need to go beyond undergraduates and include all students.

    We cannot justify ignoring postgraduates any more. The sector has an ethical responsibility to ensure equity of outcomes for all students, not just those paying the home undergraduate tuition fee.

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  • Seven free speech groups issue a call to oppose Trump’s First Amendment violations… Why aren’t there more? — First Amendment News 471

    Seven free speech groups issue a call to oppose Trump’s First Amendment violations… Why aren’t there more? — First Amendment News 471

    There’s some very weird, strange and dangerous shit going on out there right now. In America, they are persecuting people for using their right to free speech and voicing their dissent. This is happening now. — Bruce Springsteen (May 14)

    Was “the Boss” being partisan there? Donald Trump thought so:

    “This dried out ‘prune’ of a rocker (his skin is all atrophied!) ought to KEEP HIS MOUTH SHUT until he gets back into the Country, that’s just ‘standard fare.’ Then we’ll all see how it goes for him!”

    Just goes to show that there are two sides, both of them “partisan.” The singer has his partisan views, and so does the suppressor. We just need to chill, get along, and hear both sides. Ah yes, a Kumbaya embrace — yuck!

    The ‘Big Chill’

    Do you remember those “nonpartisan” folks who were so outraged by what was going on in the cancel culture world of college campuses? How they lamented the way the censorial mindset was choking the First Amendment? Oh, those First Amendment champions were so incensed.

    And fair enough, things were wildly out of control and those liberals responsible for supporting or allowing such censorship had to be called out. Again, fair enough. Of course, those who tolerated college censorship (dare I say “liberals”?) are now livid by what is going on. Rightfully so.

    But where are those guardians of free speech (dare I say “conservatives”) now? When never a day goes by when the Trump administration does not abridge the First Amendment with wild abandon?

    Censorship is censorship!

    Given where we are today, I’m tired of such rhetorical gaming. Censorship is censorship, period! The hell with the thinking that one must walk on “nonpartisan” eggshells before speaking too loudly or too often against censorship when it is as constant as it is today under this administration.

    Take heed: It was not partisan to boldly condemn John Adams or Woodrow Wilson or Joseph McCarthy for their crusades of suppression. And it was not partisan to call out their supporters who sat silently in the face of such tyranny. In such a world, there are not “two sides” such that the likes of Bill Maher could dine with “nonpartisan” delight with a “measured” opponent of free expression.

    Seven free expression groups speak out — Yes!

    Thus, I was delighted to learn that seven groups had written an open letter to “universities, media organizations, law firms, and businesses” to stand up against the “Trump administration’s multi-front assault on First Amendment freedoms.”

    Before I say more, let me quote from the timely and important open letter that these seven groups just released. First this: “In little more than 100 days, President Trump and the agencies under his control have threatened First Amendment rights through a breathtaking array of actions.”

    After that introduction, they listed an indictment of free speech abridgments, and in a style reminiscent of the indictment in the Declaration of Independence, they have delineated specific things the administration has done (I have added bullets to their text):

    • They have sought to control speech and association by imposing unconstitutional conditions on a wide range of federal grantees and contractors.
    • They have sanctioned lawyers for their representation of people whom the president views as political enemies.
    • They have arrested, detained, and threatened to deport international students — including lawful permanent residents — solely because of their participation in lawful political protest.
    • They have purged crucial datasets from government websites, gutted agency offices responsible for compliance with the Freedom of Information Act, and imposed new and indefensible restraints on public employees’ right to speak on matters of public concern.
    • They have invoked civil rights laws to justify extensive and unwarranted intrusions into universities’ autonomy and academic freedom.
    • Resurrecting a policy introduced during President Trump’s first term, they have barred legal scholars from providing information and expertise to the International Criminal Court.
    • They have banned the Associated Press from the White House press pool because it declined to update its stylebook to refer to the Gulf of Mexico as the “Gulf of America.”
    • Books have been removed from U.S. military service academy libraries, and other federally operated educational institutions, because they do not conform to the administration’s ideological preferences, and federal funds are being used as a cudgel to censor curriculum and promote the administration’s viewpoints in schools.
    • The Federal Communications Commission has threatened to revoke the licenses of television and radio networks and stations whose reporting the administration disfavors.

    As Professor Timothy Zick has so ably documented, the Trump administration’s assault on free expression is unprecedented. The following assessment from the seven groups echoes what is reliably set off in detailed form in Zick’s repository over at First Amendment Watch:

    There have been other times in our nation’s history that witnessed sustained and misguided efforts to suppress speech. All of our organizations have opposed both Democratic and Republican administrations when they abridged First Amendment freedoms — as all of them, at various points, have done. But we share the view that the Trump administration’s actions, taken together, represent an extraordinary and in some ways unprecedented challenge to First Amendment rights and the values they embody [emphasis added]. These actions call for a forceful, uncompromising response. Some institutions have countered in exactly this way, to their credit.

    Where the hell are other free speech groups and individuals? 

    Against that backdrop, I ask: where the hell are all those other groups, who when it came to campus censorship were so outspoken in defense of free expression? Why don’t they have their own open letters? Why are so many of those groups not openly endorsing the courageous assessments of those who, like Judge Michael Luttig, condemn the tyranny that is Trump? Too many conservative and liberal groups are afraid to speak out, afraid to put their names on the line. 

    Judge Michael Luttig at a confirmation hearing

    Judge Michael Luttig

    What we are witnessing today is a BIG CHILL effect of enormous magnitude. Some liberals (in law firms, universities, think tanks, and elsewhere) are afraid to speak out, lest they be attacked by one of the president’s executive orders. By the same token, some conservatives are afraid to speak out (on their blogs or elsewhere) for fear that they will lose stock in their ideological world, or fall victim to Trump’s wrath.

    Bottom line: Tyranny is tyranny, and condemning it is not partisan — it’s American!

    Recent samples of the BIG CHILL in suppressive operation

    Related:

    The decision by nine of America’s biggest law firms to “bend the knee” to President Trump drew condemnation among lawyers across the political spectrum, including from attorneys inside the firms who quit or launched resistance campaigns. Others have chosen a less career-limiting form of rebellion.

    That would be offering leaks to Above the Law, a pugnacious legal industry website best known for scoops about law firm annual bonuses, snarky coverage of legal news and salacious stories of barristers behaving badly. But since March, when Mr. Trump began targeting for retribution top law firms whose clients and past work he does not like, Above the Law has become a rage read for lawyers incensed at the firms that accommodated him.

    Fueled by a stream of inside-the-conference-room exclusives, Above the Law delivers a daily public spanking to what it calls “The Yellow-Bellied Nine.” Those are the elite firms that pledged a collective $1 billion in free legal work to Mr. Trump after he signed executive orders threatening to bar their lawyers from federal buildings, suspend their security clearances and cancel their government contracts.

    Coming next week on FAN: Timothy Zick on institutional independence and democratic backsliding

    Although the Trump Administration’s agenda regarding freedom of expression can appear chaotic, one consistent strategy has been attacking institutions that are essential to checking executive power. It is no accident that many of President Trump’s Executive Orders and the agency actions they direct have targeted the media, universities and faculty, law firms, libraries, and museums. These and other entities are sometimes referred to as “First Amendment institutions” or “knowledge institutions,” because they contribute to and facilitate public discourse and are necessary to a free and open society.

    ‘[Re]Distributed for Conference’ — SCOTUS mantra in some First Amendment cases

    Apparently, the Justices are so overworked with all the Trump emergency appeals that they have to continue to pause on what to do with some of the First Amendment cases on their docket. For example, consider the following petitions:

    Jessica Levinson on Comey, protected speech, and DOJ investigation

    Professor Jessica Levinson of Loyola Law School

    Professor Jessica Levinson

    Questions are swirling following the launch of a federal investigation into former FBI Director James Comey over a now-deleted social media post of seashells arranged in the numbers “8647” on the beach. (“Eighty-six” is commonly understood to mean “get rid of.” President Trump is the 45th and 47th President of the United States.) Was Comey calling for the assassination of Trump? Or was he, as he has since stated, expressing a political opinion about Trump?

    If Comey’s post amounted to a siren song, beseeching others to kill the president, he can be punished for his speech. But should Comey’s post be viewed as political advocacy, which I argue it should, he is entitled to the full protection of the First Amendment.

    The genuine threat is not that a president’s life is in danger, but that the Trump administration is attempting to silence the speech of political adversaries. Even if it is unlikely that Comey faces anything more than a slap on the wrist for his post, the decision to open an investigation in and of itself should be worrisome. Comey has access to the media and resources to defend himself. Not everyone does. And the prospect of chilling political speech critical of government officials should concern all of us.

    Statement from the Institute for Free Speech on party coordination limits

    The Institute for Free Speech commends the Department of Justice’s decision in National Republican Senatorial Committee v. FEC to acknowledge that federal limits on coordinated expenditures between political parties and their candidates violate the First Amendment. In a dramatic and unusual shift, the DOJ is now asking the Supreme Court to overturn its 2001 decision in Colorado Republican Federal Campaign Committee v. FEC (Colorado II).

    “The Solicitor General’s recommendation that the Court grant the petition is a commendable move that acknowledges the First Amendment flaws in these limits,” said Institute President David Keating. “As we argued in our amicus brief, the factual basis underpinning Colorado II has been proven wrong by real-world evidence.”

    The Institute’s brief demonstrated that over half the states allow unlimited party coordination, including 17 states that also restrict individual contributions—yet there is no evidence of these arrangements leading to corruption. The DOJ’s brief now acknowledges this reality, recognizing that the law represents a “prophylaxis-upon-prophylaxis approach” that fails heightened First Amendment scrutiny.

    “When more than half the states manage to operate elections without restricting coordinated party expenditures and without giving rise to any relevant quid pro quo corruption, it is hard to believe that the law is ‘necessary to prevent the anticipated harm,’” noted the Institute’s brief.

    The NRSC case challenges federal limits on how much political parties can spend in coordination with their candidates under 52 U.S.C. 30116(d). These restrictions severely burden the core function of political parties—to support and promote their candidates.

    [ . . . ]

    To read the Institute’s amicus brief in the case National Republican Senatorial Committee v. FEC, click here. To read the Solicitor General’s just-filed brief, click here. To read Institute Senior Attorney Brett Nolan’s expert analysis on the Sixth Circuit’s decision in NRSC, click here.

    Claim: The ‘deluge of pornography has had a negative impact on modern society’

    Christine Emba of the American Institute for Boys and Men Images

    Christine Emba

    It’s hard not to see a connection between porn-trained behaviors — the choking, slapping and spitting that have become the norm even in early sexual encounters — and young women’s distrust of young men. And in the future, porn will become only more addictive and effective as a teacher, as virtual reality makes it more immersive and artificial intelligence allows it to be customizable. (For a foretaste of where this might end up, you can read a recent essay by Aella, a researcher and sex worker, on Substack defending A.I. child porn.)

    In her new book “Girl on Girl: How Pop Culture Turned a Generation of Women Against Themselves,” Sophie Gilbert critiques the mass culture of the 1990s and 2000s, noting how it was built on female objectification and hyperexposure. A generation of women, she explains, were persuaded by the ideas that bodies were commodities to be molded, surveilled, fetishized or made the butt of the joke, that sexual power, which might give some fleeting leverage, was the only power worth having. This lie curdled the emerging promise of 20th-century feminism, and as our ambitions shrank, the potential for exploitation grew.

    [ . . . ]

    [W]hile Ms. Gilbert is unsparing in her descriptions of pornography’s warping effect on culture and its consumers, she’s curiously reluctant to acknowledge what seems obvious: Porn hasn’t been good for us. While her descriptions of the cultural landscape imply that the mainstreaming of hard-core porn has been a bad thing, she pulls her punches.” (emphasis added)

    Forthcoming scholarly essay on ‘Fascist Government Speech’

    Professor G. Alex Sinha of Hofstra University

    Professor G. Alex Sinha

    On the day he was sworn in for a second term, President Trump issued pardons and commutations to all of his supporters who attacked the U.S. Capitol on January 6, 2021. This sweeping act of clemency gave legal effect to a longstanding grievance: Ever since the attack, which disrupted congressional certification of his 2020 election defeat, President Trump has consistently glorified the attackers and denounced their prosecutors. In defending the clemencies two days after issuing them, President Trump reiterated familiar themes — once more refusing to acknowledge that he lost the 2020 election, celebrating the patriotism of his supporters, and maligning those who pursued their accountability through what became the largest criminal investigation in U.S. history.

    President Trump’s script was so familiar that it obscured a constitutional novelty. For most of the time between the January 6 attack and the subsequent clemencies, President Trump was not the president. He was a private citizen, and his speech about January 6 was protected by the First Amendment even to the extent that it was false or dangerous. But, by noon on January 20, 2025, he was once again President Trump—a government official, speaking on behalf of the government, and thus uttering government speech. Government speech is not protected by the First Amendment, but rather by an evolving set of Court-fashioned rules known collectively as the government-speech doctrine. In an instant, his comments took on an entirely new constitutional cast.

    Ordinarily, this transition would be unremarkable; it occurs whenever a private citizen assumes a governmental role. But, combined with their content, President Trump’s statements — on this subject and many others — create a serious First Amendment problem. His remarks are deeply and distinctly illiberal, calibrated to undermine, falsely, the democratic legitimacy of a previous administration and to rewrite the history of an insurrectionist threat that would have allowed him to maintain power by violent and anti-democratic means. It is fascist speech, which invites wildly different constitutional analysis depending on its source.

    Accordingly, this paper introduces and evaluates the concept of fascist government speech — a category we can no longer afford to ignore. Our First Amendment free-speech rights spring in substantial part from a commitment to self-governance, and the protections that follow generally extend to private fascist speech as part of a forceful commitment to free debate that courts and scholars have long believed would facilitate a robust democracy. By contrast, the basis of the government-speech doctrine is functional necessity, a recognition that our democratic self-governance would be rendered ineffective if the government could not spread its message. That backstory simply cannot justify protecting fascist government speech, which directly undermines the basis for governmental communicative prerogatives. Yet the doctrine, as constituted, ultimately does protect fascist government speech. Worse still, the doctrine operates to abrogate private free-speech claims, a result that is distinctly perverse when the abrogation functions to amplify fascist government speech. This paper therefore argues for significant revision to the government-speech doctrine to blunt the threat of fascist government speech.

    More in the news

    2024-2025 SCOTUS term: Free expression and related cases

    Cases decided

    • Villarreal v. Alaniz (Petition granted. Judgment vacated and case remanded for further consideration in light of Gonzalez v. Trevino, 602 U. S. ___ (2024) (per curiam))
    • Murphy v. Schmitt (“The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of Gonzalez v. Trevino, 602 U. S. ___ (2024) (per curiam).”)
    • TikTok Inc. and ByteDance Ltd v. Garland (9-0: The challenged provisions of the Protecting Americans from Foreign Adversary Controlled Applications Act do not violate petitioners’ First Amendment rights.)

    Review granted

    Pending petitions

    Petitions denied

    Emergency Applications

    • Yost v. Ohio Attorney General (Kavanaugh, J., “IT IS ORDERED that the March 14, 2025 order of the United States District Court for the Southern District of Ohio, case No. 2:24-cv-1401, is hereby stayed pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Wednesday, April 16, 2025, by 5 p.m. (EDT).”)

    Free speech related

    • Mahmoud v. Taylor (argued April 22 / free exercise case: issue: Whether public schools burden parents’ religious exercise when they compel elementary school children to participate in instruction on gender and sexuality against their parents’ religious convictions and without notice or opportunity to opt out.)
    • Thompson v. United States (decided: 3-21-25/ 9-0 w special concurrences by Alito and Jackson) (interpretation of 18 U. S. C. §1014 re: “false statements”)

    Last scheduled FAN

    FAN 470: “Trump’s ‘So what?’ stratagem

    This article is part of First Amendment News, an editorially independent publication edited by Ronald K. L. Collins and hosted by FIRE as part of our mission to educate the public about First Amendment issues. The opinions expressed are those of the article’s author(s) and may not reflect the opinions of FIRE or Mr. Collins.

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  • What Your Students Aren’t Telling You: Listening, Learning, and Leading with Empathy – Faculty Focus

    What Your Students Aren’t Telling You: Listening, Learning, and Leading with Empathy – Faculty Focus

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  • What Your Students Aren’t Telling You: Listening, Learning, and Leading with Empathy – Faculty Focus

    What Your Students Aren’t Telling You: Listening, Learning, and Leading with Empathy – Faculty Focus

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  • After brazen attack on expressive rights, faculty at Sterling College aren’t in Kansas anymore

    After brazen attack on expressive rights, faculty at Sterling College aren’t in Kansas anymore

    Professor Pete Kosek was a leading voice for the faculty at Sterling College — a small, private Christian college in central Kansas — when negotiating changes to the college’s employee handbook. Ken Troyer, another Sterling professor, spoke out as well, including statements to the media about concerns he had with Sterling administrators’ communication with faculty and about a vote of no confidence in the college’s president.

    For these exercises of basic faculty expressive rights, Sterling has now punished them both for exhibiting “behavior that is fundamentally inconsistent” with Sterling’s mission. But it’s these punishments that are “fundamentally inconsistent” with Sterling’s promises that its faculty enjoy “free expression, on and off campus.”

    FIRE wrote to Sterling on April 3, 2025, articulating our concerns. Its administration ignored us, so today we’re writing to the college again as well as its board of trustees, urging them to reverse the punishments of Kosek and Troyer.

    College clashes with faculty over revisions to the employee handbook

    In 2023, Sterling faculty received a new version of Sterling’s employee handbook. Faculty voiced concerns about whether faculty were obligated to sign the handbook’s acknowledgement, which appeared to require that faculty affirm Sterling’s institutional stance on marriage, life, gender identity, and human sexuality. For example, a provision in the handbook stated: “[m]arriage is designed to be the lifelong uniting of one man and one woman in a single, biblical, covenant union as delineated by Scripture.” 

    Concerned that this may adversely impact faculty who were divorced, Kosek led a group of faculty members in negotiating changes to the handbook. Over the course of a year, he went back and forth with Sterling administrators about making sure the handbook could be modified so that it didn’t single out divorced faculty for adverse action. 

    On Aug. 21, 2024, Kosek emailed a large group of faculty members informing them he believed he and anyone else would be fired if they did not sign the handbook acknowledgement. Kosek also told the administration that while he would abide by the terms of the handbook, he disagreed with how the administration went about communicating with faculty and instituting the new handbook. Two days later, the administration clarified that while faculty were expected to abide by the terms of the handbook, they would not be terminated for not signing it. Kosek subsequently clarified this to the rest of the faculty. The situation seemed resolved, right? Wrong.

    Months later, on Feb. 25 of this year, administrators summoned Kosek to a meeting and gave him a disciplinary warning. They told him that it was because he allegedly misrepresented the college when he told other faculty that he believed he and others would be fired over not signing the handbook’s acknowledgement. Sterling provided Kosek no real opportunity to defend himself from the charge.

    Troyer, meanwhile, received a nearly identical disciplinary warning on the same day as Kosek, purportedly because of his comments to the media criticizing Sterling’s poor communication with faculty. (This poor communication was a major reason why a group of faculty supported a no-confidence vote in Sterling’s leadership.) Troyer had also discussed the inclusion of non-Christian students at the college, and how that inclusion related to Sterling’s Christian mission. 

    Similar to Kosek, Troyer had no real opportunity to defend himself. He was just expected to take the disciplinary warning and keep his mouth shut. 

    If Sterling’s mission required absolute and unquestioning obedience to the administration, this might be understandable. But these punishments cannot be squared with the policies actually laid out in Sterling’s faculty handbook. That handbook does not demand unthinking fealty, but imposes on “students, faculty members, administrators and trustees” the obligation “to foster and defend intellectual honesty, freedom of inquiry and instruction, and free expression on and off campus.” As if anticipating the exact scenario facing both Kosek and Troyer, Sterling adds in the handbook, “administrators should respect the right of faculty members to criticize and seek revision of institutional regulations.” 

    FIRE’s first letter explained why the college could not square its punishment of Kosek with Sterling’s written commitments. Under First Amendment jurisprudence and at most private colleges (like Sterling) faculty members retain the right to comment on matters of public concern — and one of those concerns is how the college is being run. Indeed, faculty members are often among the most important voices regarding how colleges and universities operate since they witness firsthand the impacts of institutional policies. 

    Sterling blew FIRE off. So now we’re taking this up the chain and writing to the Board of Trustees as well as the college. When a private institution like Sterling makes promises in its handbooks to faculty, it must keep those promises. To violate them with impunity is to undermine trust and credibility. 

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