Two security guards talk on the campus of the closed McKinley School, part of the Los Angeles Unified School District (LAUSD) system, in Compton, California, just south of Los Angeles, on April 28, 2020. ; Credit: ROBYN BECK/AFP via Getty Images

With schools still closed amid the coronavirus pandemic, and remote learning continuing for the rest of the school year, the question of when the fall semester might begin (and what it will look like) is looming large for administrators, teachers, parents and students. 

L.A. Unified Superintendent Austin Beutner says no decisions have been made about whether the fall semester — still officially scheduled to start on August 18 — will involve students returning to classrooms or continuing to work remotely. 

What has been decided, as of this week, is that online summer school will be offered to every LAUSD student for the first time ever. It's an alternative to the idea that Governor Gavin Newsom floated last Tuesday, when he said that California schools might start the 2020-21 school year, in person, as early as July, with some physical distancing and safety measures in place.

While the idea of an early start to the school year took many school districts by surprise, Newsom said it was a concern about a "learning loss" that's happened with the switch to online teaching, with some students lacking access to devices and the internet, that led him to propose the idea.

What could reopening look like when it does eventually begin to happen? Ideas include staggered school schedules and alternatives to school activities that are essentially group gatherings — like assemblies, recess, and PE. But before any in-person learning resumes, even in a modified form, Beutner and Newsom say several requirements must be met.

Guests:

Debra Duardo, Los Angeles County Superintendent of Schools; she tweets @DebraDuardo

Karin Michels, epidemiologist; chair and professor of the Department of Epidemiology at UCLA’s Fielding School of Public Health

Paul von Hippel, associate professor of Public Affairs at the University of Texas, Austin; he tweets @PaulvonHippel

This content is from Southern California Public Radio. View the original story at SCPR.org.

A decade-by-decade display of how many active gas storage wells are still in use by Southern California Gas Company. Source: Division of Oil, Gas and Geothermal Resources and SoCalGas; Credit: Aaron Mendelson/KPCC

The Aliso Canyon gas leak broke out near Porter Ranch nearly four years ago. On Tuesday a City Councilman called for an investigation of a different underground gas field after troubling images surfaced on video. 

The video uses a special infrared camera to show a duck swimming in the Ballona Wetlands amid bubbles of gas. An environmental advocacy group, Food and Water Watch, says the gas is methane.  They released the video this week to push for the city to investigate the underground gas storage field in nearby Playa del Rey.

Southern California Gas Co. says the gas surfacing in the wetlands is naturally occurring and unrelated to its underground natural gas storage field in Playa del Rey.

This content is from Southern California Public Radio. View the original story at SCPR.org.

A Southern California Edison sign outside the San Onofre Nuclear Plant.; Credit: Grant Slater/KPCC

Large utilities cut off power to millions of Californians over the past two months to reduce the risk that power lines might spark new fires. Nearly 200,000 Southern California Edison customers were blacked out, some for days at a time. These public safety power shutoffs mean that many rural residents lose a lot more than just their electricity. 

This content is from Southern California Public Radio. View the original story at SCPR.org.

Two judges appointed by President Trump to the District of Columbia Circuit Court of Appeals prevailed Tuesday in a ruling that clears the way for the executions of four inmates.

The only dissenter in the 3-2 ruling was Judge David Tatel, an appointee of former President Bill Clinton. The judges were reviewing a lower court's injunction that had blocked the scheduled executions.

The decision was seen as a win for Trump's Justice Department, which issued new guidelines last July that would have allowed the federal government to carry out its first executions in 16 years.

The fates of the four men remain unresolved because their death sentences were sent back to the lower court for further proceedings.

In December, the U.S. Supreme Court declined the Justice Department's request to vacate the lower court's injunction that scuttled the planned executions.

At issue is the question of whether the condemned men should be put to death by the injection of only one barbiturate — pentobarbital — as called for in the Justice Department's July 2019 memo.

Many of the 28 states where the death penalty is still legal require a lethal injection cocktail containing not one but three barbiturates. Those states include Indiana, where the scheduled executions were to take place.

Pharmaceutical companies have stopped producing at least one of the three drugs used in that lethal mixture, and several botched executions have resulted from some states using untested formulas.

The 1994 Federal Death Penalty Act calls for executions to be carried out "in the manner prescribed by the law of the State in which the sentence is imposed."

Judge Gregory Katsas argues in his majority opinion that the "manner prescribed" simply refers to the method of execution rather than the protocols each state follows in carrying out each kind of execution.

"The government says that 'manner' here means 'method'," Katsas writes, "such that the FDPA regulates only the top-line choice among execution methods such as hanging, electrocution, or lethal injection. In my view, the government is correct."

Judge Neomi Rao, in a concurring opinion, argues that while the word "manner" refers not only to the method of execution, it cannot be interpreted in isolation. "It is a broad, flexible term," she says, "whose specificity depends on context."

In his dissent, Tatel says the best understanding of the 1994 statute is that it "requires federal executions to be carried out using the same procedures that states use to execute their own prisoners.

"Had Congress intended to authorize the Attorney General to adopt a uniform execution protocol," Tatel argues, "it knew exactly how to do so."

This content is from Southern California Public Radio. View the original story at SCPR.org.

Attorney General William Barris pictured at a coronavirus task force meeting at the White House on March 23. The Justice Department is looking to crack down on coronavirus-related fraud.; Credit: Alex Brandon/AP

The coronavirus pandemic has brought out the good side of many Americans, but certainly not all Americans. Officials say that fraud related to COVID-19 — like hoarding equipment, price gouging and hawking fake treatments — are spreading as the country wrestles with the outbreak.

"It's a perfect ecosystem for somebody like a fraudster to operate in," said Craig Carpenito, the U.S. attorney for New Jersey and the head of the Justice Department's COVID-19 price gouging and hoarding task force.

"People want to believe that there's a magic pill that they can take or that if they buy a certain kind of mask or a certain kind of protective gear that it's going to protect them and their families," he said. "That creates opportunities for the types of people that prey upon scared people. They prey upon their fear."

A month ago, Attorney General William Barr instructed federal prosecutors around the country to aggressively investigate and prosecute scams and other crimes related to the COVID-19 pandemic. He also created the price gouging and hoarding task force and put Carpenito in charge of it.

From that perch, Carpenito has one of the best views of virus-related crime nationwide.

"Instead of seeing that tremendous support from all aspects of society, we're still seeing that sliver, that that dark underbelly, that small percentage of folks who instead of putting the interests of the country and support for those medical professionals that are putting themselves at risk in the forefront, they're finding ways to try and take advantage of this situation and illegally profiteer from it," he said. "And it's despicable."

The most prevalent kind of fraud that federal authorities are seeing at this point, he and others say, is tied to personal protective equipment like N95 masks, gloves or face shields.

In one notable case, prosecutors brought charges against a Georgia man, Christopher Parris, for allegedly trying to sell $750 million worth of masks and other protective equipment to the Department of Veterans Affairs but with a sizable advance payment.

The problem, prosecutors say, is the masks and other items didn't exist, at least not in the quantities Parris was offering.

Steven Merrill, the head of the FBI's financial crimes section, says the bureau refers to these sorts of operations as advance-fee schemes.

"We're getting many complaints that different entities are entering into these agreements, paying money upfront, sometimes hundreds of millions of dollars, and may or may not get any masks or other PPE ordered at all," Merrill said. "So our guidance to the public is to please be wary of these frauds and solicitations."

Other problems, such as hoarding and price gouging, can arise even when the medical gear does exist.

The FBI is trying to identify individuals who are stockpiling protective equipment and trying to sell it at exorbitant markups, sometimes 40 to 70 times the value, Merrill said.

A few weeks ago, the FBI seized nearly 1 million respirator masks, gloves and other medical gear from a Brooklyn man who was allegedly stockpiling them and selling them to nurses and doctors at what officials say was around a 700% markup.

The man, Baruch Feldheim, has been charged with lying to the FBI about price gouging. He's also been charged with allegedly assaulting a federal officer after he coughed on agents and claimed he had COVID-19.

The confiscated items, meanwhile, have been distributed to medical workers in the New York area.

Carpenito said the Justice Department has more than 100 investigations open into price gouging. It has hundreds more, he said, into other crimes tied to the pandemic, including fake treatments and cures.

In one case out of California, prosecutors charged a man who was allegedly soliciting large investments for what he claimed was a cure for COVID-19.

"He was doing so by broadcasting this scheme via, notably, YouTube, where had thousands of hits and views," Merrill said.

In a separate case out of Florida last week, the Justice Department got a court order to stop a Florida church from selling on its website an industrial bleach that was being marketed as a miracle treatment for the virus.

To be clear, the Centers for Disease Control and Prevention says there is no cure at this point for the virus.

More than a month into this crisis, there's no sense COVID-related crime is going to slow down.

In fact, Carpenito and Merrill say that with the massive $2 trillion economic relief package beginning to be doled out, they expect to see even more fraud in the weeks and months ahead.

"What we're worried about is that not only do we have these existing conditions, but we are awaiting — like everybody in the country — the arrival of $2 trillion to hit the streets," Merrill said. "And anytime there's that much money out there, you can just multiply the amount of frauds that are going to take place. So we're preparing for many more complaints to come in and new schemes to arrive on a daily basis."

This content is from Southern California Public Radio. View the original story at SCPR.org.

The Supreme Court's second day of arguments by phone was devoted to a new version of a case it decided seven years ago involving federal money to fight AIDS around the world.; Credit: Andrew Harnik/AP

The Supreme Court kicked off a second day of telephone arguments Tuesday with a case that mingles sex, the HIV/AIDS epidemic and free speech.

At issue is whether the government can require private nonprofits to denounce prostitution in order to qualify for U.S foreign aid grants aimed at fighting the worldwide AIDS epidemic. This is the second time the court has faced this issue, but this time it comes with a twist.

In 2003, Congress, at the urging of President George W. Bush, enacted a major foreign aid program to fight the HIV/AIDS pandemic and prevent new infections worldwide. In appropriating the money, Congress included a provision requiring any private organization that received funding through the program to adopt an explicit policy denouncing prostitution and sex trafficking.

In 2013, the Supreme Court struck down that provision, declaring it unconstitutional because it compelled U.S. nonprofits to adopt an explicit policy as a condition for receiving grant money. By a 6-2 vote, the high court said such a requirement interfered with the free speech rights of private U.S. organizations engaged in the fight against AIDS.

The case was back Tuesday, but this time, the question was whether foreign organizations closely affiliated with those same U.S. nonprofits can be required to adopt the policy denouncing prostitution.

Defending the provision was Assistant to the Solicitor General Christopher Michel. He argued that foreign affiliates of U.S. organizations like Save The Children, CARE and WorldVision are separate legal entities from their parent U.S. organizations, and that as foreign entities, they have no rights under the U.S. Constitution.

Chief Justice John Roberts, who wrote the 2013 decision, seemed unpersuaded.

"Is it reasonable to insist on formal corporate ties in this context?" he asked. "It's undisputed that to be effective in many of the foreign countries involved here, you have to operate through a foreign entity."

Michel responded that if the U.S. nonprofits "make the choice to operate through a foreign entity because they decide that is more convenient or more effective, they have to accept the bitter with the sweet."

Roberts still seemed doubtful, noting that the U.S. nonprofits and their foreign affiliates "have the same name, the same logo, the same brand. And I wonder if it makes more sense to think of the foreign entity as simply another channel for the domestic entity's speech."

Representing the nonprofits was lawyer David Bowker. He maintained that for all practical purposes, there is no difference between the U.S. nonprofits and their foreign affiliates, so making the affiliate adopt an anti-prostitution message effectively puts words in the mouth of the U.S. nonprofit.

Questioned by Justice Clarence Thomas, Bowker said that the harm suffered by the U.S. nongovernmental organizations is that their foreign affiliates must either lose their funding by refusing to comply with the anti-prostitution policy or undermine their mission by denouncing the very people they need to work with — namely prostitutes. And if the foreign affiliates make the pledge needed to get funding, he said, the U.S. parent organizations have to disavow their own affiliates' anti-prostitution pledge, thus harming the entire anti-AIDS fight.

"It's a Catch-22 for these U.S. organizations," said Bowker.

Justice Stephen Breyer followed up: "So why don't you simply write a grant to get all the money yourself and then you give it to CARE India? Why doesn't that work?"

Because, replied Bowker, under the statute, CARE USA, in subcontracting a grant to CARE India, would be required to impose the anti-prostitution pledge on its own affiliate on behalf of the government.

Justice Samuel Alito, who signed on to the court's 2013 decision, said he had more concerns in this case — mainly "that it will force Congress to either withhold foreign aid entirely or allow foreign aid to be used in ways that are contrary to the interests of the people of this country."

Justice Brett Kavanaugh followed up: "Suppose the U.S. government wants to fund foreign NGOs that support peace in the Middle East but only if the NGOs explicitly recognize Israel as a legitimate state. Are you saying the U.S. can't impose that kind of speech restriction on foreign NGOs that are affiliated with U.S. organizations?"

Bowker said that kind of a restriction would likely be acceptable because the aid in that case would be tied to the U.S. relationship with Israel.

Kavanaugh moved on to another question, noting, "The government says your position would unleash foreign affiliates of U.S. corporations to pump money" into U.S. election campaigns, something that is explicitly barred under current law.

Bowker replied that U.S. campaign laws, as ruled on by the Supreme Court in prior cases, allow the ban on foreign contributions because they do not come from U.S. entities at all.

A decision in the case is expected some time this summer. While the court usually concludes its work by the end of June, it is expected that this term will extend into July because the arguments in this and nine other cases were postponed for more than a month because of the coronavirus.

This content is from Southern California Public Radio. View the original story at SCPR.org.

Supreme Court Justice Ruth Bader Ginsburg poses for the official photo at the Supreme Court in Washington, D.C. in 2018.; Credit: Mandel Ngan/AFP via Getty Images

Supreme Court Justice Ruth Bader Ginsburg underwent non-surgical treatment Tuesday for a benign gallbladder condition, according to a press release from the Supreme Court. She plans to participate in oral arguments from the hospital on Wednesday, according to the release.

In pain on Monday, Ginsburg went to Sibley Memorial Hospital in Washington after hearing the first-ever Supreme Court teleconference of oral arguments. At Sibley, she was diagnosed with acute cholecystitis, a condition in which a gallstone migrates to the cystic duct. She nonetheless participated in arguments from home on Tuesday, but was in enough pain that she went to Johns Hopkins Hospital in Baltimore for treatment of the infected duct later Tuesday.

Doctors not involved in Ginsburg's care said non-surgical treatment typically involves antibiotics and insertion of a tube to drain the infected duct.

Friends said the justice was in good spirits on Tuesday night, and watching the Metropolitan Opera on her iPad.

Ginsburg's emergency treatment coincides with the U.S. Supreme Court's historic live-streaming of its oral arguments in which the justices are participating by telephone because of the coronavirus. According to the court statement, Ginsburg, 87, is "resting comfortably" and plans to participate in oral arguments again on Wednesday when the court considers an important birth control case.

She is expected to remain in the hospital for another day or two.

Last year, Ginsburg completed three weeks of radiation treatment after a cancerous tumor was discovered on her pancreas. It was the fourth time in 20 years that she had been treated for cancer, and the second time in a year. In December 2019, she was operated on for lung cancer.

This content is from Southern California Public Radio. View the original story at SCPR.org.

In L.A., community leaders are working to prevent an undercount of Asian Angelenos. ; Credit: via NPR

The 2020 Census kicks off in a matter of weeks. Census officials say Asian immigrants are “hard-to-count” because many have limited English and distrust government. 

Leo Moon is learning about the census with friends at a city-led workshop in Koreatown. He didn’t fill out the form in 2010, mostly because he didn’t want the government knowing he’s undocumented. But Moon says he’ll take part next year because the census determines how much funding and representation people get.  

This content is from Southern California Public Radio. View the original story at SCPR.org.

The Asian Garden Mall in Westminster, where voters will make a choice about whether to recall city leaders.; Credit: Dorian Merina/KPCC

Voters in Westminster will decide this spring whether to recall its mayor and two city councilmembers. The Orange County Registrar of Voters has signed off on petitions for a recall election.  

This content is from Southern California Public Radio. View the original story at SCPR.org.

; Credit: Illustration: Dan Carino

Read the full article at LAist

Coronavirus deaths in the U.K. have passed those in Italy. Workers in the intensive care unit at the Royal Papworth Hospital in Cambridge are shown gearing up to care for COVID-19 patients.; Credit: Neil Hall/AP

Over 32,000 people have died from the new coronavirus in the United Kingdom, according to the Office for National Statistics, marking the first time in the pandemic that it has led Europe in the number of deaths.

The country has surpassed Italy in COVID-19 deaths. The U.S. still leads the world in the highest number of coronavirus deaths; over 70,270 had died from the disease as of Tuesday.

The number of total deaths recorded in the U.K. is "higher than we would wish, I think is all I can say," Angela McLean, chief scientific adviser of Ministry of Defence said during the country's press briefing Tuesday.

McLean also emphasized that deaths in U.K. care homes have been steadily rising and said the trend was something the country "need[s] to get to grips with."

"I don't think we'll get a real verdict on how well countries have done until the pandemic is over," British Foreign Secretary Dominic Raab said Tuesday. "And particularly until we have comprehensive international data on all causes of mortality."

Since different countries collect and report coronavirus data using different methods, the comparisons between regions are not perfect. As more time passes and more tests are conducted and more data comes in, coronavirus death rates will become more precise.

The peak in deaths comes as other European countries, including Italy and Spain, are easing shelter-in-place restrictions, while U.K. Prime Minister Boris Johnson is expected to modify Britain's orders in the next week.

This content is from Southern California Public Radio. View the original story at SCPR.org.

Two workers approach the entrance to Life Care Center in Kirkland, Wash., on March 13. An association that represents nursing homes is asking for billions of dollars in federal relief funds to cope with the coronavirus crisis.; Credit: Ted S. Warren/AP

With more than 11,000 resident deaths, nursing homes have become the epicenter of the COVID-19 crisis. Now, they're asking the federal government for help — $10 billion worth of help.

The American Health Care Association, the trade organization for most nursing homes, called the impact on long-term care facilities "devastating." In a letter sent this week to the Federal Emergency Management Agency and Health and Human Services Secretary Alex Azar, they ask for the federal government to designate relief funding from the CARES Act for nursing homes the way it has for hospitals.

The money would be used for personal protective equipment, salaries for expanded staff, and hazard pay. In addition, some of the funds would make up lost revenue for nursing homes that have been unable to admit new residents because of the outbreak.

The AHCA also wants nursing homes to have more access to testing and some members of Congress want that too. This week, 87 members of the House of Representatives sent their own letter to Azar, as well as to Seema Verma, the administrator of the Centers for Medicare and Medicaid Services, which regulates nursing homes. The letter asks those agencies to direct states — which have received billions of dollars for increased testing — to give priority to long-term care facilities.

The letter also notes that nursing homes are now required to report their numbers of COVID-19 infections and deaths to the Centers for Disease Control and Prevention, but that they can't meaningfully do this unless they can test everyone in the facility.

Democrats in both the House and the Senate have also introduced legislation intended to make things safer for both nursing home staff and residents. The bill would require nursing homes to take a range of actions, from providing better infection prevention, to supplying sufficient protective gear, to protecting a resident's right to return to the nursing home after they've been treated for COVID-19 at a hospital.

This content is from Southern California Public Radio. View the original story at SCPR.org.

Remdesivir, an experimental antiviral drug made by Gilead Sciences, has been authorized by the Food and Drug Administration for emergency use in treating severely ill COVID-19 patients.; Credit: Ulrich Perry/POOL/AFP via Getty Images

Now that the Food and Drug Administration has authorized remdesivir for emergency use in seriously ill COVID-19 patients, the experimental drug is another step closer to full approval. That's when most drugs get price tags.

Gilead Sciences, which makes remdesivir, is donating its initial supply of 1.5 million doses, but the company has signaled it will need to start charging for the drug to make production sustainable. It's unclear when that decision might be made.

"Going forward, we will develop an approach that is guided by the principles of affordability and access," Gilead CEO Daniel O'Day told shareholders during the company's annual meeting Wednesday.

In a quarterly financial filing made the same day, Gilead said its investment in remdesivir this year "could be up to $1 billion or more," much of it for scaling up manufacturing capacity.

The company also acknowledged that it's in the spotlight. "[G]iven that COVID-19 has been designated as a pandemic and represents an urgent public health crisis, we are likely to face significant public attention and scrutiny about any future business models and pricing decisions with respect to remdesivir," Gilead said in the quarterly filing.

How will the company balance its business calculations with the drug's potential value to society?

"Gilead has not yet set a price for remdesivir," company spokeswoman Sonia Choi wrote in an email to NPR. "At this time, we are focused on ensuring access to remdesivir through our donation. Post-donation, we are committed to making remdesivir both accessible and affordable to governments and patients around the world."

Among potential treatments for COVID-19, remdesivir, an intravenous drug that was once studied for Ebola, is one of the furthest along.

"It's hard to imagine a situation in which there will be more public scrutiny," said Michael Carrier, a professor at Rutgers School of Law who specializes in antitrust and pharmaceuticals. "On the one hand, Gilead will try to recover its R&D in an atmosphere in which it is able to potentially make a lot of money. On the other hand, the pressure will be intense not to charge what's viewed as too high a price."

Breaking with its usual practices, the Institute for Clinical and Economic Review, or ICER, an influential nonprofit that analyzes drug pricing, issued an expedited report on remdesivir.

"Under normal circumstances, we would be unlikely to do a report when the evidence is this raw and immature," ICER President Steven Pearson said in an interview with NPR. "But it was quite clear that the world is moving at a much quicker pace."

If the price is based just on the cost of making the drug, then a 10-day course of remdesivir should cost about $10, according to the ICER report. (Gilead said results of a recently completed study suggest a five-day course of treatment may be just as effective.)

But if the drug is priced based on the drug's effectiveness, ICER estimates it should cost around $4,500 — assuming the drug is proven to have some benefit on mortality. If it doesn't and the drug only shortens hospital stays, that value-based price goes down to $390.

Results from a federally funded study described by Anthony Fauci, director of the National Institute for Allergy and Infectious Diseases, suggested that remdesvir could reduce recovery time by a median of four days — 11 days to recovery for patients treated with remdesivir compared with 15 days for those who got a placebo. A potential survival benefit is less clear.

Rutgers's Carrier said he expects Gilead to set the remdesivir price somewhere between the $10 and $4,500 that ICER estimated. The company has already shown that it can respond to public pressure when it asked the FDA to rescind the orphan drug status it won for remdesivir, he pointed out.

"When you see that $10 figure, that sets a benchmark for a figure that is eminently affordable," Carrier said. Ultimately, he said a price more than $1,000 per treatment course would be unpopular.

Gilead "will be watched very carefully," he said, because of its prior history of pricing. He referred to two other Gilead drugs that drew scrutiny over high price tags. The company charged $1,000 per pill for Sovaldi, a cure for hepatitis C. And its HIV drug Truvada can cost $22,000 per year.

But there is such a thing as pricing remdesivir too low, said Craig Garthwaite, who directs the health care program at Northwestern University's Kellogg School of Management.

"We don't think this is the only drug we need," he said, adding that remdesivir doesn't appear to be a "home run" against the coronavirus, based on existing data. "The thing that would worry me the most is that we're somehow telling people that if you take the risky bet to try, and you'll go after a coronavirus cure and you do it, you're not going to get paid."

Instead, he said he would like to see acceptance of a generous price for remdesivir to send the message to drug companies that the best thing they can do is "dedicate every waking moment to trying to develop that cure, and that if they do that, we will pay them the value they create," he said.

During a Gilead earnings call on April 30, analysts asked executives whether they could expect similar financial returns on remdesivir as they've seen with Gilead's other drugs.

"There is no rulebook out there, other than that we need to be very thoughtful about how we can make sure we provide access of our medicines to patients around the globe," Gilead CEO O'Day said. "And do that in a sustainable way for the company, for ... shareholders, and we acknowledge that."

On May 1, the FDA authorized remdesivir for emergency use, meaning it will be easier to administer to hospitalized patients with severe disease during the pandemic, but the drug is not yet officially approved. The federal government is coordinating distribution of the treatment.

Day acknowledged on the recent earnings call that the company "could" charge for remdesivir under an emergency use authorization, but he stressed that Gilead is donating its current supply, which should last through "early summer."

To date, the National Institutes of Health said it has obligated $23 million toward its COVID-19 remdesivir trial. And the U.S. Army Medical Research Institute of Infectious Diseases did some of the early in vitro and animal studies with the medicine prior to the pandemic.

"Taxpayers are often the angel investors in pharmaceutical research and development, yet this is not reflected in the prices they pay," Reps. Lloyd Doggett, D-Texas, and Rosa DeLauro, D-Conn., wrote in a April 30 letter to Health and Human Services Secretary Alex Azar.

Concerned about remdesivir's price, they asked for a full breakdown of taxpayer funds that have gone toward the development of the medicine. "An unaffordable drug is completely ineffective," they wrote in the letter. "The substantial taxpayer investments in COVID-19 pharmaceutical research must be recognized."

This content is from Southern California Public Radio. View the original story at SCPR.org.

Among those protesting stay-at-home orders this week at the California Capitol in Sacramento were activists who oppose governments requiring vaccinations for school children.; Credit: Katie Orr/KQED

Protests over stay-at-home orders because of COVID-19 have become more common around the country. In California, a surprising group is behind some of them: those who oppose mandatory vaccinations.

On Thursday, a mash-up of people mingled on the sidewalk in front of California's state Capitol in Sacramento. There were Trump supporters wearing MAGA hats and waving American flags. There were Christians, singing along to religious rock songs and raising their hands in prayer. The event's MC. urged Gov. Gavin Newsom to tune into their event.

"Everybody up at the Capitol, tell Gavin Newsom [to tune in to] 107.9 FM, if he wants to hear what we have to say," the MC told the crowd over loudspeakers. "It could be kind of good for him!"

There were also mothers with their children at the rally. Many people were not wearing face masks or observing social distancing protocols.

They'd all come out to protest California's stay-at-home order, put in place to slow the spread of COVID-19. This week's event was built around the National Day of Prayer, and featured pastors and sermons. But it was organized by a group called Freedom Angels, which was originally formed to fight mandatory vaccine laws in the state.

At the beginning of the rally, the group's founders took the stage, including Denise Aguilar.

"Hello everybody, my name is Denise, I'm one of the founders of Freedom Angels," Aguilar said to a cheering crowd. "Thank you guys for being out here to let Gov. Newsom know we're not going away! We've said this for years!"

The group has become a fixture at the Capitol ever since California passed a law requiring school students to be vaccinated and a second law tightening restrictions on medical exemptions for those vaccines. But another Freedom Angels founder, Stefanie Fetzer, said they're not a single-issue group. She said these events are about promoting personal freedom.

"I think what we're seeing now is the predictive modeling that they came out with in the beginning didn't hold true. We aren't seeing the numbers that they predicted," Fetzer said. "And instead of backing off of the shutdown and the restrictive measures that Gov. Newsom implemented, he seems to be doubling down."

Attention-seeking strategy

Public health advocates point out that the reason those early predictions didn't come true is that aggressive social distancing measures — including stay-at-home orders — worked. Democratic state Senator Richard Pan, who authored California's vaccine laws, believes this anti-vaccine group is aligning with others protesting the stay-at-home order as a way to promote their cause. After all, Pan said, a vaccine would eventually allow the economy to reopen.

"They have staged these protests to basically find a way to get media attention for themselves. They fund raise off of their activities as well," Pan said. "So, frankly, many of the anti-vaxxers who are involved in this are really there for their own interests."

It's common for anti-vaccine groups to latch onto other controversial issues, according to epidemiologist and vaccine educator René Najera. For instance, he points to abortion.

"They try to say that there are aborted fetal cells in vaccines — which there are not — to try to get the anti-abortion people on their side," he said. "And then they flip it around and say, also, 'My body, my choice.'"

Najera said those tactics can have dangerous outcomes, including making people think twice about getting vaccines. In fact, he said, in 2019 the World Health Organization named vaccine hesitancy, or people's reluctance to consider vaccination, as one of the world's top 10 public health challenges.

"And we saw the effects of that," Najera said. "We saw a rise of measles in the United States to the point where the elimination status of the United States for measles was in jeopardy."

Najera is confident vaccine opponents aren't going away. He says, if anything, the rise of social media has made it easier for them to spread their message. What he finds most frustrating is that these anti-vaccines protesters aren't just making choices that affect their own families. Najera says choosing not to vaccinate their children and joining other large protests to spread their message puts the health of everyone at risk.

This content is from Southern California Public Radio. View the original story at SCPR.org.

A woman wearing a mask walks past closed store fronts in the Astoria neighborhood of Queens on April 15 in New York City. States are beginning to implement phased reopening plans, in part to help businesses hit hard by the coronavirus.; Credit: Johannes Eisele/AFP via Getty Images

President Trump wants states to begin relaxing stay-at-home orders and reopen businesses after the spread of the coronavirus pummeled the global economy and killed millions of jobs.

The White House coronavirus task force released guidelines on April 16 to encourage state governors to adopt a phased approach to lifting restrictions across the country. Some states have moved ahead without meeting the criteria.

The task force rejected a set of additional detailed draft recommendations for schools, restaurants, churches and mass transit systems from the Centers for Disease Control and Prevention that it considered "overly prescriptive."

A number of states have already begun to lift restrictions, allowing for businesses including hair salons, diners and tattoo parlors to once again begin accepting customers. Health experts have warned that reopening too quickly could result in a potential rebound in cases.

States are supposed to wait to begin lifting any restrictions until they have a 14-day "downward trajectory" of influenza-like illnesses and confirmed virus cases, as well as sufficient hospital capacity and testing for health care workers.

Below is a summary of the three phases as outlined by the task force (read the full guidance here):

Don't see the graphic above? Click here.

This content is from Southern California Public Radio. View the original story at SCPR.org.

A man walks past Low Library on the Columbia University campus in New York City on March 9.; Credit: Mark Lennihan/AP

On Thursday, Columbia University and Pace University joined a growing number of colleges — including University of Miami, Drexel University and the University of Arizona — facing legal complaints aimed at their response to the coronavirus pandemic.

Thursday's suits were filed in federal court on behalf of Xaviera Marbury, a student at Pace, and an unnamed student at Columbia. Both complaints say students are owed reimbursement as well as damages for services that are no longer available now that campuses are closed. In both cases, those services include:

I. Face-to-face interaction with professors, mentors, and peers;
ii. Access to facilities such as computer labs, study rooms, laboratories, libraries, etc.;
iii. Student governance and student unions;
iv. Extra-curricular activities, groups, intramurals, etc.;
v. Student art, cultures, and other activities;
vi. Social development and independence;
vii. Hands-on learning and experimentation; and
viii. Networking and mentorship opportunities.

Marbury's complaint says her dorm rent costs $9,380 for the semester; she lost access to her dorm for approximately half the semester, the complaint says, but Pace is only offering to reimburse $2,000. Similarly, the Columbia complaint says that the student was refunded just 11% of their mandatory fees for the semester. The complaints also claim that though classes continue, their degree will eventually be worth less on the job market.

Marie Boster, a spokeswoman for Pace University, pointed out that the college is still offering services like tutoring and counseling along with classes remotely. "The faculty, staff and leaders of Pace continue to work tirelessly to support our students during this challenging time," she says. Columbia University had no comment on the suit.

The complaints, filed by a personal injury law firm in South Carolina, seek class action status on behalf of Columbia and Pace students. That same firm, Anastopoulo Law Firm, is also behind the suits against the University of Miami and Drexel.

"Universities are not delivering those services that students and their families have paid for," Anastopoulo attorney Roy T. Willey IV tells NPR. "It's not fair for the universities with multi-million dollar endowments to keep all of the money that students and their families have paid."

If the suits gain traction, the resulting damages would be a further blow to colleges already reeling from the financial impacts of the coronavirus. As NPR's Elissa Nadworny has reported, college endowments have taken a hit, some schools have begun to announce hiring freezes and others are looking at merging or closing their doors.

This content is from Southern California Public Radio. View the original story at SCPR.org.

Students walk outside Detroit's Pershing High School in 2017. A lawsuit claims the state of Michigan failed to provide the city's students with the most fundamental of skills: the ability to read.; Credit: Carlos Osorio/AP

In a landmark decision, a federal appeals court has ruled that children have a constitutional right to literacy, dealing a remarkable victory to students.

The ruling comes in response to a lawsuit brought by students of five Detroit schools, claiming that because of deteriorating buildings, teacher shortages and inadequate textbooks, the state of Michigan failed to provide them with the most fundamental of skills: the ability to read.

For decades, civil rights lawyers have tried to help students and families in underfunded schools by arguing that the U.S. Constitution guarantees children at least a basic education. Federal courts have consistently disagreed. Until now.

The ability to read and write is "essential" for a citizen to participate in American democracy, the 6th Circuit Court of Appeals ruled on Thursday. One cannot effectively vote, answer a jury summons, pay taxes or even read a road sign if illiterate, wrote Judge Eric Clay, and so where "a group of children is relegated to a school system that does not provide even a plausible chance to attain literacy, we hold that the Constitution provides them with a remedy."

"Like a daycare"

The 2016 complaint alleges that Michigan's then-Gov. Rick Snyder and the state's board of education denied Detroit students their fundamental right to literacy. It cites textbooks that were tattered, outdated and in such short supply that teachers could not send work home. The suit also describes school buildings that were in shocking disrepair: broken toilets and water fountains, leaking ceilings, shattered windows.

In warmer months, the complaint says, a lack of air-conditioning caused some students to faint; in winter, students regularly wore hats, coats and scarves to class. Students became accustomed to seeing cockroaches, mice or rats scurrying across the floor.

"You're sitting down in the classroom, and you see rodents in a corner. Or you can hear things crawling in the books," says Jamarria Hall, a plaintiff in the class-action suit, who graduated in 2017. "But the saddest thing of all was really the resources that they had, like, being in a class where there's 34 students, but there's only six textbooks."

Given these conditions, the five K-12 schools named in the complaint also struggled to retain teachers. Many classes were taught by paraprofessionals or inexperienced teachers placed through the Teach For America program. Often, Hall says, when teachers quit suddenly or didn't show up, students would simply be sent to the gym.

"For days on end — weeks on end — if the school didn't have a substitute or couldn't fill that gap, the gym was basically the go-to place. Or they would set students down in the classroom and really put on a movie, like Frozen... like a daycare," Hall remembers.

At one school, the complaint says, a math teacher quit soon after the school year began "due to frustration with large class sizes and lack of support. ... Eventually, the highest performing eighth grade student was asked to take over teaching both seventh and eighth grade math. This student taught both math classes for a month."

The complaint delivers a crushing assessment of these schools' failure to educate students: Proficiency rates "hover near zero in nearly all subject areas," it says.

"Illiteracy is the norm."

Previous legal efforts to argue that families in low-income, underfunded schools deserve better have run headlong into the U.S. Constitution, which makes no mention of the word "education," let alone a right to it.

One of the most famous cases, San Antonio Independent School District v. Rodriguez, made it all the way to the Supreme Court before the justices, in a 5-4 decision, ruled that families in poorer districts have no federal right to the same levels of funding as wealthier districts. They essentially said: The system isn't fair, but the U.S. government has no obligation to make it so.

In fact, the first judge to hear the current, Detroit case came to much the same conclusion.

U.S. District Judge Stephen Murphy dismissed the Michigan suit in 2018, writing that, yes, "literacy — and the opportunity to obtain it — is of incalculable importance," but not necessarily a fundamental right.

The students' lawyers disputed Murphy's reasoning and appealed his ruling, and, on Thursday, two of three judges took their side.

"We're not asking for a Cadillac"

In the past, many of the arguments used to pursue educational equity in the courts have been inherently comparative. Using the 14th Amendment's Equal Protection Clause, lawyers have focused on disparity — how one school or one district's resources compare to another's.

"This [case] is different," says Tacy Flint, a partner at Sidley Austin LLP and a lawyer for the plaintiffs. "It's not comparative. It's not a question of some people being treated worse than others. This fundamental right to a basic minimum education is a right that every child has."

Flint and her co-counsel focused more on a different pillar of the 14th Amendment, the Due Process Clause, saying the Constitution protects essential rights that "you can't imagine our constitutional democracy or our political life functioning without." And, Flint says, "access to literacy clearly fits that description."

Put simply: The plaintiffs' lawyers did not set out to level the playing field for all students. Instead, they attempted to use the appalling conditions of five Detroit schools to establish a floor.

"This case focuses squarely on literacy as the irreducible minimum," says Kristine Bowman, professor of law and education policy at Michigan State University.

And that minimum is pretty minimal.

"We're not asking for a Cadillac, or even a used, low-end Kia. We're asking for something more than the Flintstones' car," says co-counsel Evan Caminker, a former dean of the University of Michigan Law School.

In his dissent to Thursday's decision, Circuit Judge Eric Murphy argued that accepting literacy as a constitutional right would open a Pandora's box for states, and force federal courts to wrestle with questions beyond their purview: "May they compel states to raise their taxes to generate the needed [school] funds? Or order states to give parents vouchers so that they may choose different schools? How old may textbooks be before they become constitutionally outdated? What minimum amount of training must teachers receive? Which HVAC systems must public schools use?"

Murphy wrote that history, and legal precedent, are on his side: "The Supreme Court has refused to treat education as a fundamental right every time a party has asked it to do so."

After all, the judge reasoned, food, housing and medical care are also "critical for human flourishing and for the exercise of constitutional rights," but the Constitution "does not compel states to spend funds on these necessities of life." Why should education be any different?

A spokesperson for Michigan Gov. Gretchen Whitmer says her office is reviewing the court's decision before it decides what to do next. Whitmer's office also said in a statement that "the governor has a strong record on education and has always believed we have a responsibility to teach every child to read."

While the ruling is historic, it comes with several caveats. Basic literacy is a remarkably low standard to set for schools. As such, legal experts say, this ruling won't have an immediate impact on children in underfunded schools.

"We're not talking about the court having to recognize a broad-based, free-floating, generalized right to education," says Michelle Adams, a professor at Cardozo School of Law in New York City. This will not "open the floodgates of litigation. We're talking about a situation where students are being warehoused and required to be in school and yet they literally cannot read."

The case is also relatively young. The court's decision could be reviewed by the full 6th Circuit, appealed to the U.S. Supreme Court, or returned to play out in District Court. Whitmer's office has not yet indicated how the state will respond.

"The fight is not done yet," says Jamarria Hall, who is now living in Tallahassee, Fla., and taking classes at a community college. "We were fighting just to get into the ring. Now we're in the ring. Now the fight really starts."

This content is from Southern California Public Radio. View the original story at SCPR.org.

; Credit: Fanatic Studio/Gary Waters/Science Photo Library/Getty Images

There has been a rise in the number of minors contacting the National Sexual Assault Hotline to report abuse. That's according to RAINN, the Rape, Abuse and Incest National Network, which runs the hotline.

By the end of March, with much of the country under lockdown, there was a 22% increase in monthly calls from people younger than 18, and half of all incoming contacts were from minors. That's a first in RAINN's history, Camille Cooper, the organization's vice president of public policy, tells NPR.

Of those young people who contacted the hotline in March, 67% identified their perpetrator as a family member and 79% said they were currently living with that perpetrator. In 1 out of 5 cases where the minor was living with their abuser, RAINN assisted the minor in immediately contacting police.

"As a result of looking at the information that we had from those sessions, it was clear that the abuse was escalating in both frequency and severity," Cooper says. "So a lot of the kids that were coming to the hotline were feeling pretty vulnerable and traumatized. And it was a direct result of COVID-19, because they were quarantined with their abuser. The abuser was now abusing them on a daily basis."

Lockdown orders are first and foremost public health and safety measures. But statistically speaking, home is not the safest place for every young person. RAINN reports that about 34% of child sexual abusers are family members. Closing schools and canceling youth activities like sports removes children from the watchful eyes of "mandatory reporters" — those trusted adults, like teachers, nurses and child care providers, who are required by law in most states to report suspicions of child abuse or neglect.

However, Cooper says her organization has confirmed with authorities around the country that the child welfare system is still operating during the pandemic. That is, an official report of current and ongoing abuse will still trigger an investigation, and, if necessary, a child will be removed from the home.

"[Child welfare workers] will be coming to the home in person and proceeding with a formal investigation and a child forensic interview and things like that," she says. If the abuse is farther in the past and the child is not quarantined with the accused, Cooper says, the interview may take place over video chat.

In the meantime, RAINN and other child welfare organizations are lobbying to make it easier for children to report abuse. Cooper says, "One of the solutions we came up with that we are now currently working directly with the leadership in Congress on is to get all of the online learning platforms that children are interacting with to have a reporting function on that platform in plain sight for children."

This content is from Southern California Public Radio. View the original story at SCPR.org.

Education Secretary Betsy DeVos says there is 'no reason' to waive main parts of the federal special education law.; Credit: Alex Brandon/AP

U.S. Education Secretary Betsy DeVos will not recommend that Congress waive the main requirements of three federal education laws, including the Individuals with Disabilities Education Act, known as IDEA. The federal law ensures that children with disabilities have a right to a free, appropriate public education whenever and wherever schools are operating.

When Congress passed the coronavirus relief package, known as the CARES act, they included a provision that allowed the Secretary to request waivers to parts of the special education law during the pandemic. The concern was that holding strictly to IDEA and other laws could hinder schools in the urgency to move schooling from the classroom setting to online and home-based approaches.

Th waiver provision, however, made disability advocates nervous. "We're talking about waiving a civil right for our most vulnerable people in our society, children who don't vote, who have no voice, who are relying on their parents to advocate for them," Stephanie Langer, a Florida civil rights attorney who focuses on education and disability, told NPR in March.

But the Education Department came to the conclusions that in general, big changes weren't needed. "While the Department has provided extensive flexibility to help schools transition," Devos said in a statement, "there is no reason for Congress to waive any provision designed to keep students learning."

While the bulk of the IDEA remains unchanged, Devos did issue limited waivers to a few sections of the law, including one that will extend the timeline schools have to offer services. The provision that bans discrimination based on disability status, will go untouched.

"This is truly a celebration," says Kelly Grillo, a special education coordinator in Indiana. "My teams are elated to keep IDEA intact. Waivers would seriously threaten equitable education."

As schools and learning have moved online, one of the biggest challenges has been providing special education. School districts were concerned they might get sued if their digital offerings couldn't meet the needs of their students with disabilities, though the Education Department issued guidance in March telling schools to be flexible, writing in a fact sheet that disability law, "should not prevent any school from offering educational programs through distance instruction."

Educators say that flexibility helped them improve their offerings for students. "This situation made us get creative and actually allowed us to have an all-hands-on-deck approach," says Grillo.

But advocates warn there are still areas to watch, including in New Jersey, where parents have been asked to waive their right to sue before districts are able to provide their children with special education services.

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; Credit: CSA-Archive/Getty Images

This week, U.S. Education Secretary Betsy DeVos announced that more than $300 million from the first coronavirus rescue package will go to two education grant competitions for K-12 and higher ed.

States will be able to apply for a piece of the $180 million allotted to the "Rethink K-12 Education Models Grant" and $127.5 million allotted to the "Reimagining Workforce Preparation Grant."

The money is 1% of the more than $30 billion set aside for education in the CARES Act. Those billions are intended to help states with the highest coronavirus burden.

States can access the money by creating proposals to fund virtual or work-based learning programs. The grant categories include two of DeVos' pre-existing pet policy ideas: "microgrants" that go directly to home-schooling families, and microcredentials that offer a shorter path to workforce preparation.

On the higher ed side, the secretary has long pushed for workforce-oriented education and shorter paths to a degree. She's been praised for this stance by online and for-profit colleges, while traditional institutions have been less sanguine.

Similarly, the secretary is a longtime advocate of alternatives to public schools, including home schooling. She has praised programs like Florida's Gardiner Scholarship, which provides up to $10,000 to the families of children with special needs to support home schooling. Last fall, DeVos proposed a $5 billion "Education Freedom Scholarship" program, which would have used federal tax credits to support, essentially, a voucher program that families could use both for private schools and home schooling.

While this week's announcement is significant for the policy directions it signals, it's a comparatively small amount of money. Education groups have asked the federal government for $200 billion (with a B) more in funds to maintain basic services.

This content is from Southern California Public Radio. View the original story at SCPR.org.

Secretary of Education Betsy Devos, seen on March 27, has released new rules for sexual assault complaints on college campuses.; Credit: Jim Watson/AFP via Getty Images

New federal regulations on how schools – from kindergarten all the way through college — must respond to cases of sexual assault and harassment are drawing swift and mixed reactions.

Education Secretary Betsy DeVos announced what she called historic changes Wednesday to Obama-era guidelines that she said will make the process fairer and better protect accused students. While some welcome the changes to Title IX as long overdue, survivors' advocates are panning the new rules as a throwback to the days when sexual assault was seldom reported or punished, and schools are protesting they can't possibly implement them by summer, as required.

Among the most significant changes are new regulations aimed at beefing up protections for accused college students, by mandating live hearings by adjudicators who are neither the Title IX coordinator nor the investigator, and real-time cross examination of each student by the other student's lawyer or representative.

"Cross examination is an important part of ensuring truth is found," said DeVos, adding that "our rule is very sensitive to not requiring students to face each other. In fact it specifically prohibits that. But it's an important part of ensuring that justice is ultimately served."

Under the new regulations, students also have a right to appeal, and schools are allowed to raise the evidentiary standard from "a preponderance of the evidence" to "clear and convincing," making it harder to find a student responsible for misconduct.

Also, the definition of sexual harassment narrows, so only that which is "severe, pervasive and objectively offensive" warrants investigation. On the other hand, dating violence and stalking would now be added to the kinds of offenses that schools must respond to.

Devos' proposed regulations, released last fall, would have given schools no responsibility to deal with off-campus incidents. But after a torrent of criticism, the final rules clarify that schools must respond to off-campus incidents that are in places or during events that the school is involved with. So, for example, frat houses would be covered, but a private off-campus apartment, would not. And a school would be obligated to respond to an alleged incident during a school field trip but not a private house party.

Cynthia Garrett, co-president of Families Advocating for Campus Equality, a group that advocates for the accused, welcomes the changes as long overdue.

"Anybody who's accused of something so vile [as sexual assault] has to have the opportunity to defend themselves," she says. "I think that in order to ruin someone's life [by expelling them from school] there has to be a process like this. It shouldn't be easy."

An accused student who asked to be identified as John Doe, as he was in his court cases, agrees that the new regulations are "very encouraging." He sued his school for suspending him after a hearing that he says denied him due process, by forcing him to defend himself without his attorney, and not allowing him to question his accuser. Later, after a federal court ruling in his favor, he reached a settlement with his school that wiped his record clean. But that was after nearly five years of what he describes as torment.

"People don't realize what these hearings used to look like," he says. "They can't just be a horse and pony show where they go through the motions and the school comes to a predetermined outcome."

Survivor advocates, however, say the new regulations will have a chilling effect on reporting, as alleged victims may view it as futile to file a formal complaint, or too retraumatizing, for example, to be subject to cross-examination. "This is extremely worrisome," says Sage Carson, manager of the survivor advocacy group Know Your IX. The new regulations "make it clear to me that DeVos cares more about schools and [accused students] than she does about survivors," says Carson.

The off-campus exclusion is also a sticking point. "We know that a majority of violence does not happen in libraries or in on-campus housing," says Carson.

She says she was assaulted in an off-campus apartment years ago, and was allowed to file a formal Title IX complaint back then. But if the rules then were like what DeVos is announcing now, Carson would not have had the option. "I would absolutely have dropped out of school," she says.

Doe, however, who was accused of an alleged assault during a private weekend jaunt hundreds of miles away from school during summer break, says the new rules prevent that kind of "overreach." His accuser wasn't a student at his college anymore. He says, "I just don't think that's reasonable."

Schools meantime, have objections of their own, first and foremost being forced to play the role of virtual trial courts to adjudicate intensely complex cases.

"We are not set up to do that," says Terry Hartle, senior vice president of the American Council on Education, a trade association representing 2,000 public and private colleges and universities. "We do not have the legal authority to do that. We don't have the social legitimacy to do that. We want to teach students. We don't want to run courts."

Schools also object to the timing, requiring the changes to be implemented by August 14th, even though schools are already overwhelmed with managing their sudden switch to online learning because of COVID-19.

"This is madness," says Hartle. "This is an extraordinarily complicated piece of work that they have spent more than three years developing. It's a mistake to now turn to colleges and universities and say, put it in place in 100 days. It's simply not going to work very well."

Smaller schools, especially, Hartle says, "are just overwhelmed. They don't know how or where to begin" to implement these changes.

Anticipating the objections, DeVos insisted that "civil rights really can't wait. And students cases continue to be decided now." She suggested that this may actually be the best time for schools to make the changes since there are no students on campus.

Hartle says schools will continue pressing for the Department of Education to allow schools more time. Meantime, several legal challenges are in the works, so a temporary stay is also a possibility. That would give schools a reprieve while those cases wind their way through the courts.

This content is from Southern California Public Radio. View the original story at SCPR.org.

; Credit: smartboy10/Getty Images

A for-profit college received millions of dollars from the federal government to help low-income students whose lives have been upended by the coronavirus outbreak, but that same school, Florida Career College (FCC), is also accused of defrauding students.

A federal class-action lawsuit filed on behalf of students in April calls FCC "a sham" and alleges that, long before the pandemic, the college was targeting economically vulnerable people of color. The plaintiffs say the vocational school enticed them with false promises of career training and job placement — but spent little on instruction while charging exorbitant prices and pushing students into loans they cannot repay.

The lawsuit comes as thousands of colleges across the country are receiving federal emergency relief in response to the coronavirus pandemic. Through the CARES Act, FCC has been allotted $17 million. The law requires that at least half of that money goes directly to students, but makes few stipulations for the rest of it.

Experts say the complaint against FCC raises serious concerns about the college's ability to safeguard taxpayer dollars, as well as its ability to serve its own students.

In a statement to NPR, Florida Career College General Counsel Aaron Mortensen says: "This lawsuit is baseless legally and factually. Though we cannot comment because the matter is in litigation, we will aggressively fight these false allegations."

Equipment was "at best limited, and at worse, nonexistent"

Plaintiff Kareem Britt was working as a cook when he noticed a Facebook ad for FCC.

"Are you tired of working minimum wage jobs? Eating ramen noodles?" the ad asked. "Are you ready to step up to steak? HVAC degrees make $16 to $23/hr."

An FCC representative told Britt that a degree could change his life and that the school would help him land a job. He qualified for a $6,000 federal Pell Grant and an FCC "scholarship loan" for $3,000. Britt decided to enroll in the HVAC training program.

After classes began, though, Britt says equipment necessary to learn the trade was in short supply. "Tools, machinery, and other learning devices were at best limited, and at worse, nonexistent," according to the complaint.

When it came time for the school to help Britt find a job, he says, FCC found him just two, two-week placements, and he failed to find HVAC work on his own. Making matters worse, once he'd finished school, Britt learned that he had also taken on federal loans worth $9,500, which he must now pay back as a hotel cook, the same kind of job he'd held before enrolling.

Reverse redlining

The complaint alleges that Florida Career College, along with its parent company, specifically targets economically vulnerable people of color.

"They are recruiting at majority Black high schools," says Toby Merrill, director of the Project on Predatory Student Lending at the Legal Services Center of Harvard Law School, one of the organizations representing the plaintiffs. "They are putting up billboards in towns where the population is mostly Black. And they're doing a lot of advertising on social media where you can choose to target your ad essentially by race."

Stephen Stewart is Jamaican and says he was drawn to an FCC ad on Instagram. He decided to visit campus, and says one word captures his experience: "pressure."

Like Britt, Stewart was considering FCC's HVAC program. After his tour, when a representative told him the program would cost more than $20,000, Stewart balked. He remembers the representative pushed, telling him: "'I know so many students that have went here... I'm talking about people with five, six kids in a worse situation than you're in.'" Stewart was 20 at the time and childless. "'You're telling me that they can go through this, make their payments and pay off their tuition, and you can't?'"

Stewart enrolled in FCC's HVAC program after being promised that, within a year, the school would find him a job in his field.

The complaint takes aim at these recruiting practices. It alleges that FCC is selling the promise of a career and financial success to cash-strapped communities of color where college feels out of reach, "discriminating against students on the basis of race by inducing them to purchase a worthless product by taking on debt they cannot repay."

According to Education Department data, 85% of FCC's students are people of color.

This practice of discriminating by targeting students of color has a name: Reverse redlining — a reference to the historical practice of excluding African-American families from home ownership and denying them access to services. Reverse redlining is illegal, and it's what sets this suit apart from previous legal battles over alleged predatory practices by for-profit colleges.

"In a weekly memo to my board last Friday, I said, 'So the new angle of attack against our sector is that we are predatory to minority communities,'" says Steve Gunderson, head of Career Education Colleges and Universities, an organization that serves as the national voice for career education schools like FCC.

"We have always celebrated the fact that approximately 45 to 50% of the students in our schools are African American and Hispanic," he says. "We're proud of that."

"Classes were a scam"

Long before the federal government granted FCC $17 million in pandemic relief, the school was already largely government-dependent. According to federal data, the lion's share of FCC's revenue — 86% — comes from federal financial aid funds, namely Pell Grants and student loans.

At the same time, federal data also suggest that the college fails to prepare many students for their chosen professions. Under an Obama-era rule known as "gainful employment," schools could lose access to federal aid if graduates don't earn enough income to repay their student debts. According to the complaint, 16 of the 17 FCC programs evaluated under the gainful employment rule failed that metric, meaning graduates weren't able to repay their loans. (The gainful employment rule was repealed in 2019.)

The median annual earnings of FCC graduates who ultimately found employment ranged from $8,983 to $32,871, according to the suit, which helps explain why, according to the most recent federal data, just 23% of FCC students have been able to pay down any of their loans' original balance within three years of leaving.

"Classes were a scam, a waste of time," says Stephen Stewart. The equipment was "limited" and "outdated," he says, and the instructor admitted to the class that he had little experience with HVAC. Stewart's worst day, though, came near the end of his nine-month program when he visited the career services department to ask when they'd help him find a job as they had promised.

Stewart says he was given a list of possible HVAC companies and told, "'You gotta get your job.'" So he did, with no help. But Stewart says it was clear that FCC hadn't given him the skills he needed to keep up in the job, let alone succeed, and he ultimately left. Today, Stewart is $15,000 in debt and says he feels "shattered" by the whole experience.

"The thing that upsets me the most about this is how much it preys upon people's hopes and dreams," says Ben Miller, who studies higher education accountability at the left-leaning Center for American Progress. "You know, you have a lot of folks who want to make a better life for themselves. They have maybe one shot at college, and you rip them off and basically ruin it."

But Gunderson takes a very different view, as head of the national association for postsecondary career colleges.

"[This lawsuit] is so frustrating, because this is nothing more than an organized national effort to destroy the reputation of the [career college] sector," he says.

Gunderson insists that career colleges, including FCC, have been held to unrealistic standards. He points to the gainful employment rule, which he says measured students' incomes relatively soon after graduation. "You've got to go into the five- or 10-year mark before most of these occupations have what you and I would call our respectable salaries."

But federal data also show that, even 10 years after enrolling in FCC, more than half of its students still didn't earn more than the typical high school graduate.

Gunderson says this lawsuit is just the latest salvo in a decade-long fight to discredit for-profit, career colleges — a fight he calls "monotonous and disappointing."

"Even if you're doing a terrible job"

The law requires that at least half of the $17 million FCC is receiving through the CARES Act must go directly to students, but makes few stipulations for the rest of those funds. In a letter, U.S. Education Secretary Betsy DeVos said institutions have "significant discretion" on how to award the assistance to students.

"We stand ready to deliver these funds," said Fardad Fateri, the head of FCC and its parent company, International Education Corporation, in a press release. "It is important we get these grants into the hands of our students right away, so they can better deal with this crisis."

FCC's $17 million is a small piece of the more than $14 billion lawmakers set aside in the CARES Act to help colleges and vulnerable students during the coronavirus pandemic. But Ben Miller says, in Congress' haste to help schools that serve low-income students, lawmakers are giving money to many schools with questionable records like FCC's.

"When there's no consideration of quality or outcomes, it's potentially a big award, even if you're doing a terrible job," Miller says.

Meanwhile DeVos has also championed separate policies that have made it easier for schools like FCC to continue to enroll students and receive federal student aid even as their graduates struggle. In 2019, DeVos repealed the Obama-era gainful employment rule that would have denied low-performing schools access to federal student aid.

Under the Trump administration, the Education Department has also changed the College Scorecard, a website meant to help prospective students compare colleges by price and performance. The department has removed easy access to schools' loan repayment rates. In 2018, it also removed another important metric: How the earnings of a school's graduates compared to the earnings of high school grads.

"Rather than highlighting institutions that show the best employment and loan repayment outcomes for students, this administration has made a concerted effort to hide this information from students with no explanation as to why," says Michael Itzkowitz, who was director of the College Scorecard during the Obama administration. "What's become more transparent is their willingness to prioritize certain institutions — namely for-profits — even if those aren't the best options for students choosing to pursue a postsecondary education."

The Education Department did not respond in time to requests for comment.

When students filed suit against the now-defunct for-profit Corinthian Colleges, claiming, like Britt and Stewart, that their schools had made promises about job placement and future earnings that they simply did not keep, DeVos revised another rule, known as "borrower defense," to make it more difficult for defrauded borrowers to get their money back. But the revision was so strict that 10 Senate Republicans joined with Democrats in March to rebuke the education secretary and reverse her decision.

This content is from Southern California Public Radio. View the original story at SCPR.org.

Sean‘s pick this week is spider_plot by Moses. Contents Custom Charts Using the Custom Chart Comments Custom Charts My pick this week is also spider_plot which Jiro picked a few months... read more >>

Sean‘s pick this week is spider_plot by Moses. Last week, we looked at the custom chart I created.  This week, we’ll look at authoring it. Contents Authoring the Custom Chart Full... read more >>

COVID-19 Research and Development Sean's pick this week is COVID-19 Research and Development by MathWorks. We were recently introduced to this page which highlights uses of... read more >>

Before he Picks this Week's featured File Exchange submission, Brett would like to give a nod of appreciation to the developers of the Image Processing Toolbox. Back in September of 2018, I wrote... read more >>

U.S. Rep. Adam Schiff (D-CA) listens during a news conference in front of the U.S. Capitol.; Credit: Alex Wong/Getty Images

As we discussed last week on FilmWeek, entertainment industry professionals are among the hardest hit amid the stoppage of everyday work and life due to COVID-19. Whether you’re on camera or stage, or behind it, above the line or below it, production shutdowns mean that industry professionals who already rely on sporadic work as it’s available are left with few to no options for sustainable income. 

Last week, Congressman Adam Schiff and other members of Congress who represent areas with large constituencies that work in the entertainment industry sent a letter to House leaders asking them to provide relief for both freelance and contract entertainment industry workers. “The unique freelance nature of work in film, television, theater, and live music means that a large number of the professionals who make these productions possible work only sporadically—often with extended periods between paying jobs—and count on income from each project to make ends meet,” the letter said in part. “As a result, many of them can’t qualify for traditional unemployment benefits or paid emergency leave, yet will now be unable to cover their basic expenses due to lost work.” 

Today on AirTalk, Congressman Schiff joins us to talk about what relief both freelance and contract entertainment industry professionals can expect if the House passes the stimulus package that would provide financial aid to Americans during the coronavirus pandemic. 

Guest: 

Adam Schiff, U.S. Congressman representing California’s 28th Congressional District, which includes Burbank, parts of Pasadena, and Glendale, and chairman of the House Intelligence Committee; he tweets @RepAdamSchiff

This content is from Southern California Public Radio. View the original story at SCPR.org.

Terry Donahue and Pat Henschel in "A Secret Love"; Credit: Netflix/A Secret Love (2020)

Larry Mantle and KPCC film critics Lael Loewenstein and Tim Cogshell review this weekend’s new movie releases on streaming and on demand platforms.

• "Bull" on VOD (iTunes & FandangoNOW)

• "A Secret Love" on Netflix

• "Deerskin" on virtual cinemas, including Laemmle's & The Frida Cinema

• "The Wretched" on VOD (iTunes & Google Play)

• "The Half Of It" on Netflix

• "All Day And A Night" on Netflix 

• "Vanilla" on VOD (Vudu, Google Play & iTunes)

• "South Mountain" on VOD/DVD (iTunes, Amazon, Google Play & Vudu)

• "Working Man" on VOD (iTunes, Google Play, FandangoNOW & Vudu) 

Our FilmWeek critics have been curating personal lists of their favorite TV shows and movies to binge-watch during self-quarantine. You can see recommendations from each of the critics and where you can watch them here.

Guests:

Lael Loewenstein, KPCC film critic and film columnist for the Santa Monica Daily Press; she tweets @LAELLO

Tim Cogshell, film critic for KPCC, Alt-Film Guide and CineGods.com; he tweets @CinemaInMind

This content is from Southern California Public Radio. View the original story at SCPR.org.

STOPDecrypter is a ransomware decryptor created by Michael Gillespie that decrypts files encrypted by the STOP Ransomware. Using this decryptor, victims who have paid the ransom or were encrypted by an offline key can recover their files for free without having to pay a ransom. [...]

Using 'gardening' techniques to actively restore endangered coral reefs is ecologically sound and economically feasible, according to recent research.

A recent study has demonstrated that it is possible to identify which human pressures, such as fisheries and environmental pollution, are causing changes in Marine and Coastal by combining the trends in different indicators. This approach can be used as a tool for integrated ecosystem assessment and management.

Scientists have produced a list of seafloor characteristics to determine the health status of the ecosystem it supports. These indicators could improve the quality and consistency of marine conservation efforts across Europe, particularly where the impact of human activities is high.

The importance of coral reefs in supporting diverse fish communities has been highlighted in a recent study. However, the effects of damaging fishing techniques were also observed in video footage of the reefs studied, located off the coast of Ireland.