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Highlights

In the Public Interest’s Executive Director Donald Cohen has launched a new pop-up email newsletter, Public Things, for people who think that certain things like water, education, and Covid-19 vaccines—should belong to all of us. Read about how the New Orleans power failure spotlights why we the public should control our energy. Sign up for Public Things here. Check out Donald’s latest post at Substack, Hate, Not Heritage: Public means ALL not SOME.

First, the good news…

1) National: After some nervous moments among human rights activists, the Biden administration has come through and is terminating its contract with CoreCivic to run the U.S. Marshals Service’s (USMS) 600-bed West Tennessee Detention Facility in Mason, Tennessee. On Friday the company issued a press release: “The Company recently was provided with a definitive inmate population ramp down plan from the USMS indicating that all inmates will be transferred out of the facility by September 30, 2021. As a result, the Company does not expect the USMS to exercise its renewal option under the existing contract. The Company has been actively marketing the facility to other government agencies, and in August 2021, the Company submitted a formal response to a government agency’s request for proposal to utilize the West Tennessee Detention Facility. However, the Company can provide no assurances that it will be successful in entering into a new contract with the government agency.”

2) National/Colorado: In the Public Interest has released a new report, co-produced with the Colorado Fiscal Institute, showing how years of disinvestment in public services left Colorado unprepared for the Covid-19 pandemic. “Colorado’s Taxpayer Bill of Rights (known as ‘TABOR’) and the constraints the state faces on using the full amount of revenue it collects has thwarted the provision of quality public services through proper investment in program delivery, adequate staffing levels, and appropriate employee compensation. As a result, Colorado has often failed to meet critical challenges, including redressing racial inequities, caring for the elderly and people with disabilities, educating children, protecting our environment, and reducing and mitigating climate change, let alone being prepared for an unanticipated crisis like Covid. This report examines these trends in public disinvestment, discusses the impacts, and provides recommendations for ensuring robust public services that meet the needs of Coloradans.”

In its coverage of the report, the Denver Post said “state workers have gained the ability, however, to bargain with the state over wages and benefits with a 2020 law. The first negotiated contract is expected to be finalized soon. The union plans to seek another raise in the 2022 legislative session, [Skip Miller, president of the state worker union, Colorado WINS] said, especially with the infusion of federal government relief money. Last year’s raise was appreciated but far from adequate, he argued. ‘If you’re crawling through the desert and you get a cup of water, you’re not going to turn it down,’ Miller said. ‘But it’s not a gallon.’” 

3) National: Route Fifty, citing research by the Economic Policy Institute, estimates the budget bill will support 4 million jobs. “The budget bill, which includes sweeping investments in social and education programs and environmental initiatives, ‘would vastly expand caregiving jobs to address unmet needs in child care and elder care’ by supporting 1.1 million jobs annually, the EPI report said. The investments would not only provide jobs through expansion of pre-K and professional care jobs, but would also enable parents—primarily women of color—to more fully participate in the workforce. Other areas of significant growth would include manufacturing, construction and climate-related jobs.”

4) New York: Gov. Kathy Hochul (D) is ordering 191 inmates from Rikers Island to be released amid a severe staffing shortage, high coronavirus rates and overcrowding. “Additionally, Hochul said that over the next five days several hundred more Rikers Island inmates would be transported to state prisons. The legislation targets the practice of sending people to jail for technical parole violations, such as missing a curfew or being tardy to a parole officer meeting, a measure that would largely get rid of imposing jail time in those instances, the AP noted. New York’s incarceration rate for people with technical parole violations is considered to be among some of the highest in the United States, advocates say, according to the news wire. The release of those on Rikers Island comes as the jail complex grapples with serious health and staffing conditions, currently holding more than 6,000 inmates, the Times noted, compared to fewer than 4,000 last spring.”

But there is pushback, and a suggestion of privatizing some staffing. “At a meeting on Friday with the leaders of the unions that represent Rikers officers,” The New York Times reports, “Vincent Schiraldi, the correction commissioner, mentioned several ideas that he said were being considered to address the crisis, according to Joseph Russo, the president of the union that represents assistant deputy wardens and deputy wardens. Those ideas include transferring officers in from state juvenile facilities and hiring private security guards to handle some duties at the complex. A Correction Department spokesman confirmed that bringing in private firms had been discussed but that the jobs in question would not involve interac ting with people in custody. Mr. Russo said that the unions would fiercely resist any plan to privatize jobs held by uniformed correction employees. ‘We are circling our wagons and discussing what we can do to stop it,’ he said. Benny Boscio, the president of the Correction Officers’ Benevolent Association, said in a statement on Friday that the jobs being discussed did require significant contact with incarcerated people and that any move to privatize them would be illegal.”

5) VermontVermont is going to spend $25 million to help redevelop old industrial sites in the state. “‘It’s an understatement to say this is just another brownfield site,’ said Bob Flint, the executive director of the Springfield Regional Development Corp., which owns the 14-acre property. “This beats them all.” The projects were announced by Gov. Phil Scott. (…) Flint said the long-term plan is to return the site [of the former Jones & Lamson Machine Co. building] to its commercial roots. ‘It won’t be residential, and the use will be something that is job-producing and will have a positive economic impact,’ Flint said. ‘It won’t be a warehouse with two people working there or minimum-wage jobs.’” 

Education

6) National: Valerie Strauss at the Washington Post has shared Carol Burris’ new article on the planned sale of most of National Heritage Academies’ charter schools and who will wind up making money from public funding. And guess what? The beneficiaries are rooted in another privatization sector—converting publish trash collection to private, for-profit trash collection across the country, an industry which has garnered its own fair share of criticism for shabby performance, financial rip-offs, and undermining public services.

“National Heritage Academies (NHA), the third-largest for-profit charter chain in the nation, is selling 69 of its more than 90 schools to a new corporation created just for the purchase. Charter Development Co., the real estate arm of NHA, will receive the payout from a sale that requires nearly $1 billion to finance. This massive transfer of public dollars into private wealth is running into some roadblocks, however, in NHA’s home state of Michigan. Both Charter Development Co. and NHA are owned by J.C. Huizenga, an education reform entrepreneur who refers to himself as ‘the son of a garbage man.’ His father was hardly the typical garbage collector, however. In 1971, his successful business joined forces with those of his cousin, H. Wayne Huizenga, to create Waste Management, a trash disposal company worth almost $64 billion today.”

7) National: School privatization critic and analyst Shawgi Tell crunches the numbers and reports that nearly 5,000 charter schools have closed in 30 years. “This brings the grand total of closed charter schools to about 4,992 charter schools over a 30-year period. This is a reasonable estimate. 

“No matter how you slice it, though, that is a lot of failed and closed charter schools—and in a short period of time. Does this sound like success? Should such a phenomenon continue to be endorsed, expanded, and celebrated? Great instability has haunted the segregated and deregulated charter school sector for three decades and upended the lives of thousands of poor and low-income black and brown families. If the last 30 years is any guide, hundreds more charter schools will fail and close in the coming years, leaving even more families out in the cold and more public schools without much-needed public dollars.”

8) National: Resistance to state action to suppress teaching about racial history and current-day structural racism is taking off. Tamara Anderson tells the story. “The 1619 Project, which just received praise, was suddenly being demonized and banned. And before we could blink again, 15 states had proposed these bills. Today, there are at least 27. The Zinn Education Project—coordinated by Rethinking Schools and Teaching for Change, and Black Lives Matter at School—began to quickly assemble to fight back as it became apparent that these attacks were just getting started. (…) We ask all educators to sign the pledge to #TeachTruth.” Anderson is with Black Lives Matter at School, the Racial Justice Organizing Committee, Melanated Educators Collective, Philly-Black Lives Matter Week at Schools, Opt-Out Philly, and is a diversity consultant for the American Association of Physics Teachers

9) Iowa: Under the State Board of Education’s timeline, new charter schools could be coming to Iowa as soon as August 2022. “The board still needs to collect public comment, but rules for charter schools looking to be established in time for the next school year could be finalized as early as January. If that timeline holds, applications for approval would need to be received by February, the Iowa Department of Education’s general counsel told the state board Thursday. There are currently two authorized charter schools in Iowa—both high schools—in Storm Lake and Maynard. Previously, charter schools could only be established after receiving permission through their local school boards.”

Under the Kim Reynolds (R) administration, Iowa has among the most draconian regulations controlling academic freedom and teacher rights in the country. Paul Street reports that “local school districts in Iowa have recently been given a respite by a U.S. District Court judge who ruled that their right-wing Amerikaner state’s ban on requiring masks in public schools is an unconstitutional assaul t on the civil and educational rights of students with disabilities. School boards in Des Moines, Iowa City, and other Iowa cities and towns quickly ordered mandates, an obvious and elementary effort to contain the deadly Delta variant.” But Gov. Reynolds (R) “appealed the decision, claiming that it violates the holy personal liberties of anti-science parents and their offspring—their right, as ‘Killer Kim’ would never say, to spread a deadly disease with horrific ‘long haul’ consequences yet to be thoroughly understood by medical researchers. Good for the Des Moines and Iowa City public schools. Too bad public ‘higher education’ can’t follow suit in Iowa.”

10) Mississippi: No new charter schools were approved to open in the state this year, prompting grousing from charter interests. “In recent years dozens of prospective schools have started the process, but by the end of the application cycle just a handful actually receive the green light from the authorizer board. The board has approved nine schools total since 2014, when the first cycle began.”

11) New Jersey: A teacher who was fired from a charter school in 2020 just 10 weeks after being hired as an assistant principal is claiming he was the target of racial discrimination. “[Lavon] Smith, a resident of Hoboken, said in his lawsuit that he had to perform hands-on tasks that were the responsibility of white school administrators allowed to work from home. Smith was hired July 1, 2020, and fired on Sept. 11, 2020, according to the lawsuit. On the day before his firing, Smith said, he met with the principal to discuss his concerns about the school’s COVID-19 screening of students. He said in the lawsuit that students were not completing a required coronavirus survey before entering the school. Smith said in his lawsuit that he was fired in retaliation for raising objections to problems he found at the school as well as ‘on account of his race.’”

12) New York: The New York City teacher vaccine mandate has been expanded to cover all charter schools. “Some charter schools already issued mandates to vaccinate their staff even before the city required shots of its own education employees, including Success Academy, the city’s largest network. Officials could not say how many charters have not already issued vaccine mandates. Some other localities, including Denver, have issued vaccine mandates to charter school employees. Bill Neidhardt, a City Hall spokesperson, said that charter school employees who don’t comply would be suspended without pay. But he did not answer a question about the city’s authority to enforce that, given that charter schools are privately managed, and their employees do not work for the city. Neidhardt said there was not yet an official executive order.”

13) Oklahoma: The state’s biggest charter school scandal has generated a Republican political backlash against the investigators who uncovered the scandal. The Epic Charter Schools audit has prompted an investigative audit at the Oklahoma Department of Education. “State Superintendent Joy Hofmeister branded [Gov.] Stitt’s move ‘an attack audit on public education.’ ‘The Governor’s call for an audit is yet another attack on Oklahoma’s public education system,’ she said in a Thursday afternoon press statement. ‘As the Governor should already know, the State Department of Education has undergone more than 20 financial, compliance and programmatic review audits by the state auditor’s office in the last 6½ years. ‘Additionally, the Governor’s hand-picked Secretary of Education approves every agency expenditure over $25,000 on a weekly basis. Every single spending request has been personally approved by Secretary Ryan Walters.’ She was referring to her department’s compliance with an executive order put in place by Gov. Mary Fallin and renewed by Stitt.” 

14) Pennsylvania: Gov. Tom Wolf’s (D) administration is proposing new regulations to increase charter school transparency and accountability. “The Department of Education has submitted the proposed charter school regulations to the General Assembly, the Independent Regulatory Review Commission (IRRC) and the Legislative Reference Bureau. The package [was] published in the PA Bulletin on Sept. 18, which starts a 30-day public comment period that closes Oct. 18. The department encourages all interested students, parents, educators, other stakeholders and the general public to submit comments at RA-EDCharterRegs@pa.gov.”

15) New York: New York City is going to hire 2,000 extra teachers to help with blended learning challenges. But “hours after Mayor Bill de Blasio announced his plans to hire 2,000 additional teachers to meet the demands of blended learning, head of the city’s principals union called the pledge ‘woefully short’ and called for 10,000 more teachers to make the school year’s hybrid model possible. ” 

16) North Carolina: The Henderson Daily Dispatch reports that a group called Acuity Public Schools recently petitioned the N.C. Department of Public Instruction for permission to set up a charter school in Granville County. “As of right now, no applications are being accepted until the state Office of Charter Schools and DPI make a decision on the petition. The Granville County school board agreed to write a letter opposing Acuity Public Schools’ petition. School board Chairman David Richardson said the board had a couple of reasons for its opposition, including that there already are a lot of charter schools in the area and that some of the programs Acuity says it will have are services the public schools already offer.”
Infrastructure

17) National: A week from today, September 27, is the date when voting is to take place on the bipartisan infrastructure bill, says House Majority Leader Steny Hoyer (D-MD). The question is whether its companion legislation—the reconciliation budget bill—will be ready to be voted on by then. Under the deal agreed to between progressive lawmakers, House Speaker Nancy Pelosi, and President Biden, the two bills are supposed to proceed together. There has been a lot of speculation about whether differences in the Democratic caucus might tank the bills, but at least thus far negotiations seem to be proceeding.

Progressive Caucus chair Pramila Jayapal (D-WA), according to Politico, “said her caucus is sticking with its same demand from this summer, that the dueling bills must move together. The group’s leaders surveyed their members again this month after asking in July, and the result was a widespread willingness to block the bipartisan deal. (…) A senior Democratic aide indicated that leaders are aware of the progressives’ demands: ‘There is serious concern among Leadership that there aren’t the votes to pass the infrastructure bill unless reconciliation moves at the same time, which can’t happen unless the Senate moves more expeditiously on pre-conferencing’ the massive party-line bill, the aide said, speaking candidly on condition of anonymity.”

Adam Jentleson, the former deputy chief of staff to Senate Majority Leader Harry Reid (D-NV) says “Weak Dems like Gottheimer and strong Dems like @RepJayapal are both playing hardball. The difference: Jayapal is doing it on behalf of the Biden agenda, while Gottheimer is trying to gut it. Passing reconciliation & BIF at the same time was Biden’s plan. Jayapal is enforcing it.”

House Majority Whip Rep. James Clyburn (D-SC) said yesterday that he’s confident both bills will pass, though the infrastructure bill’s floor time may have to be put off for a few days until the budget bill is finalized. A massive lobbying effort by corporate interests to kill the tax measures required to support a significant package is underway and they will be in overdrive this week.

18) National: Governing has a deep dive on the implication of Biden’s infrastructure bill for labor unions, focusing in particular on New Jersey’s Operating Engineers Local 825 and its veteran business manager, Greg Lalevee. “Historically, Lalevee is right: Everyone likes building roads. But today, the political middle ground is shrinking rapidly. That leaves building trades unions in a tricky position. ‘They tend to be really pragmatic on their politics, they’re not ideologically driven,’ says Todd Vachon, professor of labor studies at Rutgers university. ‘At least in the Northeast, there are some Republicans at the local level that are more moderate. But since the rise of Trump, we’ve seen it’s more difficult [for construction unions] to work with Republicans.’”

19) National: Ellen Voie, the founder, president, and CEO of Women In Trucking (WIT) explains how diversity and infrastructure are intertwined. “Analysts have provided many theories as to why this truck driver labor shortage persists, from the workforce’s age to the drivers’ compensation. While all these suggestions have validity, surveys conducted by Woman In Trucking, a nonprofit organization that promotes the employment of women in the trucking industry, suggest one of the root causes of this problem is even more intuitive: the sector is overwhelmingly dominated by one gender. WIT partnered with FreightWaves, a supply chain logistics company, on a survey to determine women’s participation in the industry and found that they comprise a paltry 10 percent of all road drivers. Those numbers track closely with recent Department of Labor data, which indicates that females represent under 8 percent of all drivers, sales workers, and truck drivers. When the industry is effectively of interest to only half the population, it is no wonder there are labor shortages.” 

20) National: Route Fifty reports that public works agencies being hit hard by rising prices and supply delays. These pressures “are threatening to take some punch out of pending infrastructure legislation in Congress and other boosted spending on public works.” Scott Grayson, CEO of the American Public Works Association, says “when I speak to public works directors around the United States, a lot of them say, ‘You know, we had a bonding bill three years ago, we’ve got the money, but we can’t actually make the project happen anymore.’ I’m hearing that a lot of projects are on hold right now until the materials arrive and they actually have the workforce.”

21) National: What does the budget reconciliation bill do on the affordable housing front? The American Prospect’s Alexander Sammon reports that “running through the housing provisions introduced for markup by the House Financial Services Committee, which wrapped up [last] week, shows an interesting all-of-the-above approach to one of the most vexing problems in the American economy, the soaring cost of housing. The bill features $327 billion in n ew spending on housing, with the bulk of that money going to public housing and housing vouchers, as well as some low-income development. All told, a best-case scenario could see the bill cutting homelessness in half within five years (though it features that new, favored Democratic construction, in that some of it expires in 2026 and will need to be made permanent by a future Congress).”

22) National: Russell Gallipeau and Don Neubacher of the Coalition to Protect America’s National Parks say the National Park Service (NPS) “continues to cope with a loss of staff capacity. There are just not enough employees working in national parks—or the program offices that support the parks—to effectively manage our irreplaceable resources and ensure the best possible visitor experience.”

They write, “some of the funds from [the Great American Outdoors Act (GAOA)] will provide much-needed maintenance for critical facilities and infrastructure in our national parks. Other funds, such as those from the Land and Water Conservation Fund (LWCF), will help to expand our national parks, increase public access and ensure that lands within our parks aren’t at risk of incompatible development, which could harm scenic views, water quality and wildlife habitat. 

“While these are good funding sources and plans, we need to ensure that our existing national parks, and any new units added to the NPS, are adequately funded on an annual basis so they can hire the staff necessary to protect resources and provide a safe experience for visitors, even as crowds continue to grow. All national parks need a significant increase in annual appropriations to return visitor services and park protections to the professional standards that are necessary to preserve these cherished public lands for the future. We urge Congress to support the 2022 president’s budget request, which calls for critical increases in operational funding for the NPS.” 

23) National: The Interior Department has reversed Trump’s decision and is moving the Bureau of Land Management’s (BLM) headquarters back to DC. At the time Trump made the move, environmentalists expressed concern that by dispersing the BLM staff all over the country they would be more likely to be taken captive by local private mining and ranching interests and lose some of their capacity to contain privatization. “The Trump administration justified the move, saying the vast majority of the public lands managed by the BLM is in the Western United States and the move would put leadership closer to that land. But current and former employees have said they believe the intention was to weaken the agency that does environmental assessments and regulates fossil fuel and other energy interests.” 

24) Alabama: State Auditor Jim Zeigler, a Republican, reportedly plans to challenge Gov. Kay Ivey (R) from the right in the August Republican primary. Zeigler is an advocate of private toll roads projects. He has criticized Ivey for a public toll road scheme and gas tax hike to finance a toll road over Mobile Bay. He has also criticized Ivey’s failed scheme to push through a so-called public-private partnership to rehabilitate the state’s dilapidated prisons. 

25) New Hampshire: Senate Jeanne Shaheen (D-NH) has touted the toll credits marketplace section of the bipartisan infrastructure bill. “Shaheen noted that the bipartisan bill, which awaits action in the House, includes a provision she championed that would ‘establish a marketplace for the sale and purchase of toll credits, which are accrued when states use toll revenues to invest in transportation projects that benefit the interstate system.’ The bill also provides funding to enable small and rural states ‘to replace and repair bridges through new, dedicated grant programs.’”

Criminal Justice and Immigration

26) National: The Federal Election Commission has voted not to pursue sanctions against the private, for-profit GEO Group, which was alleged to have illegally donated to a pro-Trump super PAC. “The sticking point: Under federal law, contractors themselves cannot donate, but sister companies that do not receive federal contracts aren’t bound by the prohibition. Since the Rebuilding America Now donation, GC Holdings and another GEO subsidiary have continued giving large sums to Republican-aligned super PACs.”

27) New Mexico: In an editorial, the Albuquerque Journal denounces the utter failure of private prisons after 20 years of experience. “That also hasn’t panned out. Instead, prisoners at corporate-run prisons have complained of the frequent and prolonged use of lockdowns, and the regular use of solitary confinement. Meanwhile, complaints about transparency and accountability abound. ‘Private prisons are all about cutting corners, increasing inmate populations, and making as much money as possible by underpaying workers and giving them no real retirement and poorer health care,’ says Carter Bundy, the political director for the American Federation of State, County and Municipal Employees union in New Mexico.”

Public Services

28) National/Revolving Door News: In a front page in-depth story, the New York Times looks into how top accounting firms help their clients sidestep taxes. [Many of these firms also have government services consulting contracts—ed.] “In mid-2018, one of Mr. Feuerstein’s clients, an influential association of real estate companies, was trying to persuade government officials that its members should qualify for a new federal tax break. Mr. Feuerstein knew just the person to turn to for help. Ms. Ellis had recently joined the Treasury Department, and she was drafting the rules for this very deduction. That summer, Ms. Ellis met with Mr. Feuerstein and his client’s lobbyists. The next week, the Treasury granted their wish — a decision potentially worth billions of dollars to PwC’s clients. About a year later, Ms. Ellis returned to PwC, where she was immediately promoted to partner. She and Mr. Feuerstein now work together advising large companies on how to exploit wrinkles in the tax regulations that Ms. Ellis helped write.”

29) Kansas: Candidates for the Wichita City Council sharply debated proposals to privatize Century II, Wichita’s last large public venue. A vote will be held tomorrow. “Southeast Wichita Council District 3 challenger Mike Hoheisel said he thinks it’s time to pump the brakes on turning over major city assets to private profit-making companies. Privatization ‘is putting another barrier in between accountability to the people and the people who need to be held accountable,’ he said during a Saturday evening campaign forum sponsored by the League of Women Voters. The appointed incumbent council member, Jared Cerullo, countered that he thinks private operators can run city facilities more efficiently than the local government. ‘The city government has proven time and time again that it shouldn’t be meddling in those things that it doesn’t know about,’ Cerullo said.” 

“Now instead of going straight to the city manager and talking about issues that we’re upset with, now we have to go and listen to the businesses that come in and they come up with their reasons for doing what they’re doing and it’s just another muddled pool there,” Hoheisel said. “Honestly, I’d like to see accountability to the people and the best way we can do that is if the city government runs things the way it should be run.” [Sub required]

30) New York: Labor shortages are harshly affecting public services, Route Fifty reports. “Labor shortages are particularly consequential in the public sector. A lack of subway operators is delaying daily commutes. Incarcerated people are reportedly suffering because there are not enough guards on Rikers Island to take them to doctors. Schools across the state have struggled to mobilize enough substitute teachers and bus drivers to cover all the students returning to classrooms this week. Hospitals statewide are tens of thousands of nurses short of what they would ideally have to confront the deadly delta variant of the coronavirus. Here is a rundown of the public sectors where labor shortages have been reported and why they might be occurring.”

Everything else

31) National: Jenna Gabriel and Tosha Yingling say “one critique is missing: how consideration of disability, now and in the future, influence the way we might read the privatization of space.”

32) International: A major row over the conservative government’s plan to privatize Britain’s Channel 4 is intensifying, reports the Financial Times. “In his first public comments since the launch of a consultation on a change in the broadcaster’s ownership, Oliver Dowden will on Wednesday argue that ‘a granny in Stockport or Southend’ should not have to underwrite investments required to compete with the likes of Netflix. Dowden’s address to the Royal Television Society conference in Cambridge will come after advertisers upped the ante in their campaign to stop Channel 4 from being privatised, arguing ahead of the minister’s speech that the UK government had failed to make the case. The government has appointed JPMorgan to advise it on a prospective sale of Channel 4, people familiar with the matter said. JPMorgan declined to comment.” [Sub required]

33) Revolving Door News: The revolving door between the Department of Defense and contractors continues to spin, according to a new GAO Report. “Fourteen major defense contractors employed some 37,000 people in 2019 who had left DoD civilian employment or the military over the prior five years, including some 1,700 who had been in senior civilian or military positions or in acquisition positions making them subject to certain post-employment restrictions, GAO has said.” Read the report.

34) Revolving Door News: Writing in The American Prospect, Andrea Beaty, a research assistant at the Revolving Door Project, says “below the high-profile leaders of Biden’s antitrust agenda, the FTC and DOJ contain many other influential positions that have long been filled with corporate allies. As I explore in a forthcoming white paper for the Revolving Door Project, an alarming number of the lawyers and economists who handle the day-to-day enforcement duties of the antitrust agencies end up switching sides to work for the economic consulting and law firms that represent the very corporations the FTC and DOJ are charged with overseeing.”

Photo by Allison Shelley for EDUimages.

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