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Marshall Allen, a Tenacious Health Care Journalist, Dies at 52

6 months ago

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Marshall Allen, a former ProPublica investigative reporter who relentlessly took on the U.S. health care system and fought for the rights of patients facing unfair medical bills, died Sunday at a hospital in the Dallas-Fort Worth area. He was 52.

The cause was a heart attack, said Sonja Allen, his wife of 29 years.

Guided by his Christian faith, Allen approached his stories with the moral conviction that doctors, hospitals, drugmakers and health insurers could be less wasteful and more transparent and humane. His stories showed that drug companies purposely made eyedrops too big and set unnecessarily short expiration dates for drugs that were still effective and safe, leading to waste and driving up costs.

With other reporters, he analyzed millions of Medicare records to create “Surgeon Scorecard,” a ProPublica database that allowed patients to see for the first time the death and complication rates of surgeons performing common procedures like knee replacements and gallbladder removals. In another story, he showed how a hospital system refused to cover the care of an employee’s premature baby, leaving her with a bill for $898,984.57. Within days of Allen calling the system’s media representative, it promised to cover the bill.

“He would be our tour guide to things that were incredibly enraging,” said Tracy Weber, a ProPublica managing editor who worked with Allen. “He would walk us through it, and then he'd show us how it didn’t have to be that way.”

Allen’s journalism won numerous honors. A series of stories he did on patient safety in Las Vegas hospitals while at the Las Vegas Sun won the Goldsmith Prize for Investigative Reporting and was a finalist for the Pulitzer Prize in 2011. He was one of the first people at ProPublica to volunteer to cover the COVID-19 pandemic and was a member of the team that was a finalist for the Pulitzer in public service in 2021. That year, Allen also published a book, “Never Pay the First Bill: And Other Ways to Fight the Health Care System and Win,” which showed consumers how to advocate for themselves.

More than the honors, his stories exposing medical scams, waste in the health care system and hidden incentives in the insurance industry steadily achieved impact and motivated people in power to make changes.

“Marshall had this curiosity about the health care system that allowed him to explore stories with a freshness that many veteran health care reporters can’t do,” said Charles Ornstein, a ProPublica managing editor and longtime health journalist.

That curiosity led him to receive an award as one of America’s “Top Doctors,” despite having no medical credentials. Rather than ignoring a voice message from a telemarketer, calling about his “Top Doctor” award, Allen decided to inquire, exposing the absurdity of the accolades in the process.

After he explained that he was actually a journalist, not a doctor, he asked if he could still receive the award. Indeed, he could — for a “reduced rate” of $289.

Allen came to journalism through his work as a Christian missionary. After graduating from the University of Colorado Boulder with an English degree, he spent five years as an evangelical minister, including three in Kenya, and earned a master’s degree in theology at Fuller Theological Seminary in California.

While he and his wife were in Kenya, he started writing newsletters and reports to his family about their experiences, Sonja Allen said. “He just came to life when he started to write,” she said. “I would say the No. 1 thing that motivated his work was his belief in the Bible, of standing up for what's right.”

But not all editors saw it that way. In an interview for one of his first journalism jobs, a hard-nosed editor questioned Allen about how his faith background would prepare him for reporting.

“I explained what I saw as a natural progression from the ministry to muckraking, pointing out that both are valid ways of serving a higher cause,” Allen wrote in a 2018 essay that was copublished in The New York Times. “The Bible endorses telling the truth, without bias. So does journalism. The Bible commands honesty and integrity. In journalism, your reputation is your main calling card with sources and readers.”

After a few years working for community newspapers in Southern California, he joined the Las Vegas Sun. There, his editor asked him to cover health care.

“Marshall’s exact words were, ‘I couldn’t imagine anything more boring than health care,’” Sonja Allen said.

But he soon discovered an endlessly intriguing and infuriating beat, challenging what many people accepted as just the way it is. The opening to the series that won the Goldsmith began, “There’s a running joke about hospitals here: ‘Where do you go for great health care in Las Vegas?’ ‘The airport.’ The implication is everyone knows hospital care in Southern Nevada is substandard.”

Allen and his colleague showed that health care insiders had access to information that the public didn’t. Analyzing records on preventable infections and injuries, they provided consumers with quality-of-care data that allowed them to make better decisions and led to new state laws.

In 2011, Allen was hired by ProPublica, where he began to dig into surgical complications.

“Everybody told Marshall that this was impossible, that you could never do this, that you could never do this right, that you should leave this to the pros,” Ornstein said. “And, of course, Marshall was completely undaunted by this challenge.”

Marshall Allen reporting from a hospital in Royal Oak, Michigan, in 2014 (Daymon Hartley for ProPublica)

Farley Chase, Allen’s literary agent, described him in almost identical terms: “He was insulted by the inscrutability of the health care system but had this kind of like just roll-up-your-sleeves, undaunted-by-any-kind-of-challenge attitude.”

In addition to his steadfastness, Allen was known in the newsroom for his generosity, especially as a mentor to younger reporters.

Caroline Chen, who covers health care, said that when she moved across the country to New York, Allen immediately invited her and her husband over for dinner.

“He was just generous in every way, like talking over stories,” she said. “He sent me sources. I’d send him sources. We would sometimes take a peek at each other’s drafts.”

When COVID-19 hit, Allen, Chen and others raced to pursue stories in a stressful environment. But no matter how late it was, Chen said, he kept his cool as a team player with no ego.

Allen’s passion for mentoring others extended into teaching at the Craig Newmark Graduate School of Journalism at the City University of New York. In 2020, he edited a project for ProPublica’s Local Reporting Network, showing how New Jersey police unions had cut deals to shield cops from accountability while increasing their benefits.

In 2021, Allen decided to leave journalism to tackle the problems he saw in the health care system directly by working for the Office of Inspector General at the U.S. Department of Health and Human Services. There, he led work tracking pandemic relief funds and helped the Centers for Disease Control and Prevention improve the process for nursing homes to report COVID-19 data, the agency said.

But Allen never gave up his passion for writing — or for helping patients. Following the success of his book, he started a Substack newsletter where he continued to expose abuses in the health care system and give consumers advice about how to fight medical bills. He created a company called Allen Health Academy to turn his book into video tutorials and regularly spoke at conferences for health insurance brokers and benefits advisers, where he would offer to lend a hand.

“Hundreds and hundreds of people called him, and he helped them navigate their bills,” Sonja Allen said. He never charged anyone and used any money he received from his newsletter to hire patient advocates for people who needed additional help, she said.

To extend his reach further, Allen had recently created an AI clone of himself, she said, training it on all his articles, his book and podcasts and teaching it to mimic his own voice, so that more people could tap into his knowledge.

At home, Allen was deeply involved in his church, teaching Sunday school and leading a group of men, encouraging them to be good husbands and fathers, his wife said. He was a coffee connoisseur and roasted his own beans. “You could smell it when you drove up because the whole neighborhood smelled like coffee,” she said.

But more than anything, Sonja Allen said, he dreamed of being a good father to his three sons, Isaac, Ashton and Cody. He came up with quizzes to ensure they paid attention in church and invented games that made him famous for his neighborhood birthday parties.

In one, played outside at night, his sons’ friends had to sneak through the dark and place a penny in a plastic bin hidden in the woods. But if Allen shined his flashlight on them, they were out.

“He could totally see the kids, but he would, you know, kind of pretend that he couldn’t see them,” his wife said. “They were crawling on the ground and hiding behind trees and, you know, giggling, and then he would kind of pass by them like he didn’t see them. And then he would turn around and catch people every so often with his flashlight.”

Allen went into cardiac arrest on Thursday and was rushed to Baylor Scott & White Medical Center-Grapevine, where he died Sunday surrounded by friends and family. Dr. Marty Makary, a friend and professor at the Johns Hopkins University School of Medicine who hired Allen to edit two of his books, said he visited him in the hospital.

“In the final hours, this is what I told him,” he wrote on LinkedIn. “Marshall, we watched you fight tirelessly for the voiceless and become a fierce advocate for the defenseless — a fight many will continue.”

Friends have created a GoFundMe page to help support the family.

by Michael Grabell

ProPublica Selects 10 Journalists for Investigative Editor Training

6 months ago

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We are pleased to announce the 10 journalists chosen as the 2024 cohort of the ProPublica Investigative Editor Training Program.

The ProPublica Investigative Editor Training Program was established in 2023 to expand the ranks of editors with investigative experience in newsrooms across the country, with a focus on journalists from underrepresented backgrounds.

This program is funded by the Jonathan Logan Family Foundation, which supports journalism, film and arts organizations whose work is dedicated to social justice and strengthening democracy.

Participants will undergo a five-day intensive editing boot camp in New York, with courses and panel discussions led by ProPublica’s senior editors. After the boot camp, participants will gather virtually every two months for continuing development seminars and be assigned a ProPublica senior editor as a mentor for advice on their work and careers.

This year, 115 people applied for the program.

“ProPublica is proud to continue this unique program, which aims to help diversify the industry by providing investigative editing training to journalists from underrepresented backgrounds,” said Stephen Engelberg, editor-in-chief of ProPublica.

We’re thrilled to introduce the 2024 cohort of the ProPublica Investigative Editor Training Program:

Rebekah Allen is the politics editor of The Texas Tribune, an award-winning nonprofit newsroom that focuses on policy and politics. She oversees a team based in Austin and Washington, D.C., that reports on government accountability and political influence. Previously, Rebekah was a state government reporter at The Dallas Morning News. Before that, she worked as an investigative reporter at The Advocate/Times Picayune in South Louisiana, where she was named Louisiana Reporter of the Year in 2018 by the Louisiana-Mississippi Associated Press and Media Editors Contest. She was in the inaugural cohort of ProPublica’s Local Reporting Network.

Liz Brazile is the deputy online managing editor at KUOW Public Radio in Seattle, where she helps oversee the newsroom’s daily web coverage and digital news strategy and edits stories across various beats. Liz joined KUOW in January 2020 as an online editor/producer, splitting her time between reporting and editing. Prior to that, Liz covered education for Crosscut/KCTS 9. She is also an alumna of YES! Magazine, WLWT-TV and The Cincinnati Herald. Liz is senior vice president on the board of the Seattle Association of Black Journalists.

Ana Campoy is an editor in The Washington Post’s climate team, where she oversees the Climate Solutions vertical and other climate reporters who focus on innovative storytelling. She started her journalism career at her hometown newspaper in Monterrey, Mexico, before covering the oil industry and national news for The Wall Street Journal. Her reporting portfolio ranged from complex data projects to quirky features on such topics as suburban feral pigs. Before arriving at the Post, Ana was an editor at Quartz, where she led a team of international reporters covering the inner workings of the global economy.

Leah Donnella is a senior editor on NPR’s award-winning Code Switch team, which reports on race, identity, politics and culture. In her role, Leah edits the Code Switch podcast and writes the weekly newsletter, which analyzes how race intersects with the biggest news stories around the country. She has worked on the Code Switch team since 2015, reporting on everything from Donald Trump’s entrance into presidential politics to the aftermath of George Floyd’s murder to how Jewish American identity has been reshaped since the Hamas attacks on Oct. 7. Before coming to NPR, Leah worked at WHYY in Philadelphia, where she supported the Public Media Commons, which trains young people who are interested in becoming journalists.

Subrina Hudson is the business editor at the Chicago Sun-Times, where she manages a team under the newly created Money desk that helps readers understand how business impacts their daily lives. Previously, she was the business editor at the Las Vegas Review-Journal after serving as the assistant business editor. She joined the Review-Journal as a retail reporter and expanded her coverage to include real estate and unemployment. She has also been a reporter at the Orange County Business Journal, The Real Deal and the Los Angeles Business Journal. She holds a master’s degree in journalism from the University of Southern California and a bachelor’s in journalism from Boston University.

Clarissa A. León serves as the deputy editor for Documented, New York's go-to source for immigration news. At Documented, she works on advancing newsroom operations and community engagement reporting. Previously, she held numerous positions as an editor, researcher, reporter and educator. Originally from Reno, Nevada, she is now based in New Jersey.

Asraa Mustufa is managing editor at The Examination, an investigative news outlet focused on global health. She was previously an editor at the International Consortium of Investigative Journalists, where she worked on the award-winning Pandora Papers investigation and other global reporting collaborations. She’s also served as an editor, digital producer and social media specialist helping shape and promote investigative reporting and news products in Chicago on a range of topics including COVID-19 data, police misconduct, public school funding and local elections.

Soo Oh is an investigative editor at The Markup. Before joining The Markup, she was the data editor at Reveal from the Center for Investigative Reporting. She has reported stories, analyzed data, coded interactive visuals, and built internal tools at the Center for Investigative Reporting, The Wall Street Journal, Vox, the Los Angeles Times and The Chronicle of Higher Education. In 2018, she was a John S. Knight Fellow at Stanford University, where she researched how to better manage and support journalists with technical skills.

Maye Primera is the editorial director at El Tímpano, a civic media organization serving and covering the Bay Area’s Latino and Mayan immigrants. She has worked as a reporter and editor for more than 20 years, covering politics, immigration, borders, human rights, and violence in Latin America and the U.S. Her enterprise multimedia work has received a national News and Documentary Emmy Award, the Hillman Prize, the RFK Human Rights Award, two Edward R. Murrow Awards, two King of Spain Awards, and the Ortega and Gasset prize. Primera is an alumna of the executive program in news innovation and leadership at the Craig Newmark Graduate School of Journalism.

Naveena Sadasivam is an investigative journalist at Grist covering the oil and gas industry and climate change. She previously worked at the Texas Observer, Inside Climate News and ProPublica and has won accolades from the Society of Environmental Journalists, Society of Professional Journalists and Online News Association, among others. She is based in Oakland, California.

by Talia Buford

How 3M Executives Convinced a Scientist the Forever Chemicals She Found in Human Blood Were Safe

6 months ago

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This story is exempt from our Creative Commons license until July 19.

Kris Hansen had worked as a chemist at the 3M Corporation for about a year when her boss, an affable senior scientist named Jim Johnson, gave her a strange assignment. 3M had invented Scotch Tape and Post-­it notes; it sold everything from sandpaper to kitchen sponges. But on this day, in 1997, Johnson wanted Hansen to test human blood for chemical contamination.

Several of 3M’s most successful products contained man-made compounds called fluorochemicals. In a spray called Scotchgard, fluorochemicals protected leather and fabric from stains. In a coating known as Scotchban, they prevented food packaging from getting soggy. In a soapy foam used by firefighters, they helped extinguish jet-fuel fires. Johnson explained to Hansen that one of the company’s fluorochemicals, PFOS — short for perfluorooctanesulfonic acid — often found its way into the bodies of 3M factory workers. Although he said that they were unharmed, he had recently hired an outside lab to measure the levels in their blood. The lab had just reported something odd, however. For the sake of comparison, it had tested blood samples from the American Red Cross, which came from the general population and should have been free of fluorochemicals. Instead, it kept finding a contaminant in the blood.

Johnson asked Hansen to figure out whether the lab had made a mistake. Detecting trace levels of chemicals was her specialty: She had recently written a doctoral dissertation about tiny particles in the atmosphere. Hansen’s team of lab technicians and junior scientists fetched a blood sample from a lab-­supply company and prepped it for analysis. Then Hansen switched on an oven-­size box known as a mass spectrometer, which weighs molecules so that scientists can identify them.

As the lab equipment hummed around her, Hansen loaded a sample into the machine. A graph appeared on the mass spectrometer’s display; it suggested that there was a compound in the blood that could be PFOS. That’s weird, Hansen thought. Why would a chemical produced by 3M show up in people who had never worked for the company?

Hansen didn’t want to share her results until she was certain that they were correct, so she and her team spent several weeks analyzing more blood, often in time-consuming overnight tests. All the samples appeared to be contaminated. When Hansen used a more precise method, liquid chromatography, the results left little doubt that the chemical in the Red Cross blood was PFOS.

Hansen now felt obligated to update her boss. Johnson was a towering, bearded man, and she liked him: He seemed to trust her expertise, and he found something to laugh about in most conversations. But, when she shared her findings, his response was cryptic. “This changes everything,” he said. Before she could ask him what he meant, he went into his office and closed the door.

This was not the first time that Hansen had found a chemical where it didn’t belong. A wiry woman who grew up skiing competitively, Hansen had always liked to spend time outdoors; for her chemistry thesis at Williams College, she had kayaked around the former site of an electric company on the Hoosic River, collecting crayfish and testing them for industrial pollutants called polychlorinated biphenyls, or PCBs. Her research, which showed that a drainage ditch at the site was leaking the chemicals, prompted a news story and contributed to a cleanup effort overseen by the Massachusetts Department of Environmental Protection. At 3M, Hansen assumed that her bosses would respond to her findings with the same kind of diligence and care.

Hansen stayed near Johnson’s office for the rest of the day, anxiously waiting for him to react to her research. He never did. In the days that followed, Hansen sensed that Johnson had notified some of his superiors. She remembers his boss, Dale Bacon, a paunchy fellow with gray hair, stopping by her desk and suggesting that she had made a mistake. “I don’t think so,” she told him. In subsequent weeks, Hansen and her team ordered fresh blood samples from every supplier that 3M worked with. Each of the samples tested positive for PFOS.

3M Global Headquarters in Maplewood, Minnesota

In the middle of this testing, Johnson suddenly announced that he would be taking early retirement. After he packed up his office and left, Hansen felt adrift. She was so new to corporate life that her office clothes — pleated pants and dress shirts — still felt like a costume. Johnson had always guided her research, and he hadn’t told Hansen what she should do next. She reminded herself of what he had said — that the chemical wasn’t harmful in factory workers. But she couldn’t be sure that it was harmless. She knew that PCBs, for example, were mass-produced for years before studies showed that they accumulate in the food chain and cause a range of health issues, including damage to the brain. The most reliable way to gauge the safety of chemicals is to study them over time, in animals and, if possible, in humans.

What Hansen didn’t know was that 3M had already conducted animal studies — two decades earlier. They had shown PFOS to be toxic, yet the results remained secret, even to many at the company. In one early experiment, conducted in the late ’70s, a group of 3M scientists fed PFOS to rats on a daily basis. Starting at the second-lowest dose that the scientists tested, about 10 milligrams for every kilogram of body weight, the rats showed signs of possible harm to their livers, and half of them died. At higher doses, every rat died. Soon afterward, 3M scientists found that a relatively low daily dose, 4.5 milligrams for every kilogram of body weight, could kill a monkey within weeks. (Based on this result, the chemical would currently fall into the highest of five toxicity levels recognized by the United Nations.) This daily dose of PFOS was orders of magnitude greater than the amount that the average person would ingest, but it was still relatively low — roughly comparable to the dose of aspirin in a standard tablet.

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In 1979, an internal company report deemed PFOS “certainly more toxic than anticipated” and recommended longer-term studies. That year, 3M executives flew to San Francisco to consult Harold Hodge, a respected toxicologist. They told Hodge only part of what they knew: that PFOS had sickened and even killed laboratory animals and had caused liver abnormalities in factory workers. According to a 3M document that was marked “CONFIDENTIAL,” Hodge urged the executives to study whether the company’s fluorochemicals caused reproductive issues or cancer. After reviewing more data, he told one of them to find out whether the chemicals were present “in man,” and he added, “If the levels are high and widespread and the half-life is long, we could have a serious problem.” Yet Hodge’s warning was omitted from official meeting notes, and the company’s fluorochemical production increased over time.

Hansen’s bosses never told her that PFOS was toxic. In the weeks after Johnson left 3M, however, she felt that she was under a new level of scrutiny. One of her superiors suggested that her equipment might be contaminated, so she cleaned the mass spectrometer and then the entire lab. Her results didn’t change. Another encouraged her to repeatedly analyze her syringes, bags and test tubes, in case they had tainted the blood. (They had not.) Her managers were less concerned about PFOS, it seemed to Hansen, than about the chance that she was wrong.

Sometimes Hansen doubted herself. She was 28 and had only recently earned her Ph.D. But she continued her experiments, if only to respond to the questions of her managers. 3M bought three additional mass spectrometers, which each cost more than a car, and Hansen used them to test more blood samples. In late 1997, her new boss, Bacon, even had her fly out to the company that manufactured the machines, so that she could repeat her tests there. She studied the blood of hundreds of people from more than a dozen blood banks in various states. Each sample contained PFOS. The chemical seemed to be everywhere.

When 3M was founded, in 1902, it was known as the Minnesota Mining and Manufacturing Company. After its mining operations flopped, the company pivoted to sandpaper and then to a series of clever inventions aimed at improving everyday life. An early employee noticed that autoworkers were struggling to paint two-tone cars, which were popular at the time; he eventually invented masking tape, using crêpe paper and cabinetmaker’s glue. Another 3M employee created Post-it notes to help him bookmark passages in his church hymnal. An official history of 3M, published for the company’s 100th anniversary, celebrated its “tolerance for tinkerers.”

Fluorochemicals had their origins in the American effort to build the atomic bomb. During the Second World War, scientists for the Manhattan Project developed one of the first safe processes for bonding carbon to fluorine, a dangerously reactive element that experts had nicknamed “the wildest hellcat” of chemistry. After the war, 3M hired some Manhattan Project chemists and began mass-producing chains of carbon atoms bonded to fluorine atoms. The resulting chemicals proved to be astonishingly versatile, in part because they resist oil, water and heat. They are also incredibly long-lasting, earning them the moniker “forever chemicals.”

In the early ’50s, 3M began selling one of its fluorochemicals, PFOA, to the chemical company DuPont for use in Teflon. Then, a couple of years later, a dollop of fluorochemical goo landed on a 3M employee’s tennis shoe, where it proved impervious to stains and impossible to wipe off. 3M now had the idea for Scotchgard and Scotchban. By the time Hansen was in elementary school, in the ’70s, both products were ubiquitous. Restaurants served French fries in Scotchban-treated packaging. Hansen’s mother sprayed Scotchgard on the living-­room couch.

Hansen grew up in Lake Elmo, Minnesota, not far from 3M’s headquarters. Her father was one of the company’s star engineers and was even inducted into its hall of fame in 1979; he had helped to create Scotch-Brite scouring pads and Coban wrap, a soft alternative to sticky bandages. Once, he molded some fibers into cups, thinking that they might make a good bra. They turned out to be miserably uncomfortable, so he and his colleagues placed them over their mouths, giving the company the inspiration for its signature N95 mask.

First image: Lake Elmo, Minnesota, the town not far from 3M headquarters where Kris Hansen grew up. Second image: Family photos of Paul Hansen, Kris’ father, at 3M functions over the years.

Hansen never intended to follow her father to the company. She spent her childhood summers catching turtles and leopard frogs at the lake and hoped to have a career in environmental conservation. Her first job after earning her chemistry Ph.D. was on a boat, which took her to remote parts of the Pacific Ocean. But the voyage left her so seasick that she lost 20 pounds, and she soon retreated to Minnesota. In 1996, at her father’s suggestion, Hansen applied for a position in 3M’s environmental lab.

After Hansen started her PFOS research, her relationships with some colleagues seemed to deteriorate. One afternoon in 1998, a trim 3M epidemiologist named Geary Olsen arrived with several vials of blood and asked her to test them. The next morning, she read the results to him and several colleagues — positive for PFOS. As Hansen remembers it, Olsen looked triumphant. “Those samples came from my horse,” he said — and his horse certainly wasn’t eating at McDonald’s or trotting on Scotchgarded carpets. Hansen felt that he was trying to humiliate her. (Olsen did not respond to requests for comment.) What Hansen wanted to know was how PFOS was making its way into animals.

She found an answer in data from lab rats, which also appeared to have fluorochemicals in their blood. Rats that had more fish meal in their diets, she discovered, tended to have higher levels of PFOS, suggesting that the chemical had spread through the food chain and perhaps through water. In male lab rats, PFOS levels rose with age, indicating that the chemical accumulated in the body. But, curiously, in female rats the levels sometimes fell. Hansen was unsettled when toxicology reports indicated why: Mother rats seemed to be offloading the chemical to their pups. Exposure to PFOS could begin before birth.

Another study confirmed that Scotchban and Scotchgard were sources of the chemical. PFOS wasn’t an official ingredient in either product, but both ­contained other fluorochemicals that, the study showed, broke down into PFOS in the bodies of lab rats. Hansen and her team ultimately found PFOS in eagles, chickens, rabbits, cows, pigs and other animals. They also found 14 ­additional fluorochemicals in human blood, including several produced by 3M. Some were present in wastewater from a 3M factory.

At one point, Hansen told her father, Paul, that she was frustrated by the way senior colleagues kept questioning her work. Paul had recently retired, but he had confidence in 3M’s top executives, and he suggested that she take her findings directly to them. But as a relatively new employee — and one of the few women scientists at a company of about 75,000 people — Hansen found the idea preposterous. When Paul offered to talk to some of 3M’s executives himself, she was mortified at the idea of her father interceding.

Hansen knew that if she could find a blood sample that didn’t contain PFOS then she might be able to convince her colleagues that the other samples did. She and her team began to study historical blood from the early decades of PFOS production. They soon found the chemical in blood from a 1969-71 Michigan breast cancer study. Then they ran an overnight test on blood that had been collected in rural China during the ’80s and ’90s. If any place were PFOS-free, she figured, it would be somewhere remote, where 3M products weren’t in widespread use.

The next morning, anxious to see the results, Hansen arrived at the lab before anyone else. For the first time since she had begun testing blood, some of the samples showed no trace of PFOS. She was so struck that she called her husband. There was nothing wrong with her equipment or methodology; PFOS, a man-made chemical produced by her employer, really was in human blood, practically everywhere. Hansen’s team found it in Swedish blood samples from 1957 and 1971. After that, her lab analyzed blood that had been collected before 3M created PFOS. It tested negative. Apparently, fluorochemicals had entered human blood after the company started selling products that contained them. They had leached out of 3M’s sprays, coatings and factories — and into all of us.

That summer, an in-house librarian at 3M delivered a surprising article to Hansen’s office mailbox. It had been written in 1981 by 3M scientists, and it described a method for measuring fluorine in blood, indicating that even back then the company was testing for fluorochemicals. One scientist mentioned in the article, Richard Newmark, still worked for 3M, in a low-lying structure nicknamed the “nerdy building.” Hansen arranged to meet with him there.

Newmark, a collegial man with a compact build, told Hansen that, more than 20 years before, two academic scientists, Donald Taves and Warren Guy, had discovered a fluorochemical in human blood. They had wondered whether Scotchgard might be its source, so they approached 3M. Newmark told her that his subsequent experiments had confirmed their suspicions — the chemical was PFOS — but 3M lawyers had urged his lab not to admit it.

As Hansen wrote all this down in a notebook, she felt anger rising inside her. Why had so many colleagues doubted the soundness of her results if earlier 3M experiments had already proved the same thing? After the meeting, she hurried back to the lab to find Bacon. “He knew!” she told him.

Bacon’s face remained expressionless. He told Hansen to type up her notes for him. She remembers him telling her not to email them. (In response to questions about Hansen’s account, Bacon said that he didn’t remember specifics. When I called Newmark, he told me that he could not remember her or anything about PFOS. “It’s been a very long time, and I’m in my mid-80s, and just do not remember stuff that well,” he said.)

A few months later, in early 1999, Bacon invited Hansen to an extraordinary meeting: She would have the chance to present her findings to 3M’s CEO, Livio D. DeSimone. Hansen spent several days rehearsing while driving and making dinner. On the day of the meeting, she took an elevator up to the executive suite; her stomach turned as a secretary pointed her to a conference room. Men in suits sat around a long table. Her boss, Bacon, was there. DeSimone, a portly man with white hair, sat at the head of the table.

A photo that Kris Hansen saved shows her father, Paul, with 3M CEO Livio D. DeSimone.

Almost as soon as Hansen placed her first transparency on the projector, the attendees began interrogating her: Why did she do this research? Who directed her to do it? Whom did she inform of the results? The executives seemed to view her diligence as a betrayal: Her data could be damaging to the company. She remembers defending herself, mentioning Newmark’s similar work in the ’70s and trying, unsuccessfully, to direct the conversation back to her research. While the executives talked over her, Hansen noticed that DeSimone’s eyes had closed and that his chin was resting on his dress shirt. The CEO appeared to have fallen asleep. (DeSimone died in 2017. A company spokesperson did not answer my questions about the meeting.)

After that meeting, Hansen remembers learning from Bacon that her job would be changing. She would only be allowed to do experiments that a supervisor had specifically requested, and she was to share her data with only that person. She would spend most of her time analyzing samples for studies that other employees were conducting, and she should not ask questions about what the results meant. Several members of her team were also being reassigned. Bacon explained that a different scientist at 3M would lead research into PFOS going forward. Hansen felt that she was being punished and struggled not to cry.

Even as Hansen was being sidelined, the results of her research were quietly making their way into the files of the Environmental Protection Agency. Since the ’70s, federal law has required that companies tell the EPA about any evidence indicating that a company’s products present “a substantial risk of injury to health or the environment.” In May 1998, 3M officials notified the agency, without informing Hansen, that the company had measured PFOS in blood samples from around the U.S. — a clear reference to Hansen’s work. It did not mention its animal research from the ’70s, and it said that the chemical caused “no adverse effects” at the levels the company had measured in its workers. A year later, 3M sent the EPA another letter, again without telling Hansen. This time, it informed the agency about the 14 other fluorochemicals, several of them made by 3M, that Hansen’s team had detected in human blood. The company reiterated that it did not believe that its products presented a substantial risk to human health.

Hansen recalls that in the summer of 1999, at an annual picnic that her parents hosted for 3M scientists, she was grilling corn when one of the creators of Scotchgard, a gray-haired man in glasses, confronted her. He accused her of trying to tear down the work of her colleagues. Did it make her feel powerful ruining other people’s careers? he asked. Hansen didn’t know how to respond, and he walked away.

Several of Hansen’s superiors had stopped greeting her in the hallways. When she presented a poster of her research at a 3M event, nobody asked her about it. She lost her appetite, and her pleated pants grew baggy. She started to worry that an angry co-worker might confront or even harm her in the company’s dark parking lot. She got into the habit of calling her husband before walking to her car.

A year after Hansen’s meeting with the CEO, 3M, under pressure from the EPA, made a very costly decision: It was going to discontinue its entire portfolio of PFOS-­related chemicals. In May 2000, for the first time, 3M officials revealed to the press that it had detected the chemical in blood banks. One executive claimed that the discovery was a “complete surprise.” The company’s medical director told The New York Times, “This isn’t a health issue now, and it won’t be a health issue.” But the newspaper also quoted a professor of toxicology. “The real issue is this stuff accumulates,” the professor said. “No chemical is totally innocuous, and it seems inconceivable that anything that accumulates would not eventually become toxic.”

Hansen was now pregnant with twins. Although she was heartened by 3M’s announcement — she saw it as evidence that her work had forced the company to act — she was also ready to leave the environmental lab, where she felt marginalized. After giving birth, she joined 3M’s medical devices team. But first, she decided to have one last blood sample tested for PFOS: her own. The results showed one of the lowest readings she’d seen in human blood. Immediately, she thought of the rats that had passed the chemical on to their pups.

Hansen told me that, for the next 19 years, she avoided the subject of fluorochemicals with the same intensity with which she had once pursued it. She focused on raising her kids and coaching a cross-country ski team; she worked a variety of jobs at 3M, none related to fluorochemicals. In 2002, when 3M announced that it would be replacing PFOS with another fluorochemical, PFBS, Hansen knew that it, too, would remain in the environment indefinitely. Still, she decided not to involve herself. She skipped over articles about the chemicals in scientific journals and newspapers, where they were starting to be linked to possible developmental, immune system and liver problems. (In 2006, after the EPA accused 3M of violating the Toxic Substances Control Act, in part by repeatedly ­failing to disclose the harms of fluorochemicals promptly, the company agreed to pay a small penalty of $1.5 million, without admitting wrongdoing.)

During that time, forever chemicals gained a new scientific name — per- and polyfluoroalkyl substances, or PFAS, an acronym that is vexingly similar to the specific fluorochemical PFOS. A swath of 150 square miles around 3M’s headquarters was found to be polluted with PFAS; scientists discovered PFOS and PFBS in local fish and various fluorochemicals in water that roughly 125,000 Minnesotans drank. Hansen’s husband, Peter, told me that, when friends asked Hansen about PFAS, she would change the subject. Still, she repeatedly told him — and herself — that the chemicals were safe.

First image: Hansen. Second image: A sign warns against consuming fish from Eagle Point Lake in Lake Elmo Park Reserve because of PFAS contamination.

In the 2016 book “Secrecy at Work,” two management theorists, Jana Costas and Christopher Grey, argue that there is nothing inherently wrong or harmful about keeping secrets. Trade secrets, for example, are protected by federal and state law on the grounds that they promote innovation and contribute to the economy. The authors draw on a large body of sociological research to illustrate the many ways that information can be concealed. An organization can compartmentalize a secret by slicing it into smaller components, preventing any one person from piecing together the whole. Managers who don’t want to disclose sensitive information may employ “stone-faced silence.” Secret-keepers can form a kind of tribe, dependent on one another’s continued discretion; in this way, even the existence of a secret can be kept secret. Such techniques become pernicious, Costas and Grey write, when a company keeps a dark secret, a secret about wrongdoing.

Certain unpredictable events — a leak, a lawsuit, a news story — can start to unspool a secret. In the case of forever chemicals, the unspooling began on a cattle farm. In 1998, a West Virginia farmer told a lawyer, Robert Bilott, that wastewater from a DuPont site seemed to be poisoning his cows: They had started to foam at the mouth, their teeth grew black and more than a hundred eventually fell over and died. Bilott sued and obtained tens of thousands of internal documents, which helped push forever chemicals into the public consciousness. The documents revealed that the farm’s water contained PFOA, the fluorochemical that DuPont had bought from 3M, and that both companies had long understood it to be toxic. (The lawsuit, which ended in a settlement, was dramatized in the film “Dark Waters,” starring Mark Ruffalo as Bilott.) Bilott later sued 3M over contamination in Minnesota, but the judge prohibited discussion of health repercussions; a jury ultimately decided in 3M’s favor. Finally, in 2010, the Minnesota attorney general’s office filed its own suit, alleging that 3M had harmed the environment and polluted drinking water. The company paid $850 million in a settlement, without an admission of fault or liability. The AG also released thousands more internal 3M records to the public.

The AG’s records helped me report a series of stories for The Intercept about forever chemicals. Much of my reporting, which started in 2015, focused on what 3M and DuPont knew, even as they continued to produce PFAS. But, as I reported on the cover-up, I wondered what it meant for a sprawling multinational company to know that its products were dangerous. Who knew? How much, exactly, did they know? And how had the company kept its secret? For many years, no one inside 3M would agree to speak with me.

Then, in 2021, John Oliver did a segment on his comedy news show, “Last Week Tonight,” about forever chemicals. The segment, which mentioned my reporting, said that they could cause cancer, immune-system issues and other problems. “The world is basically soaked in the Devil’s piss right now,” Oliver said. “And not in a remotely hot way.” One of Hansen’s former professors sent her the segment, and Hansen watched it at her kitchen table — a moment that would eventually lead her to me.

“This actually made me sad as there are so many inaccuracies,” Hansen wrote to her professor in response. But, when the professor asked her what was incorrect, Hansen didn’t know what to say. For the first time, she Googled the health effects of PFOS.

Hansen was deeply troubled by what she read. One paper, published in 2012 in the Journal of the American Medical Association, found that, in children, as PFOS levels rose so did the chance that vaccines were ineffective. Children with high levels of PFOS and other fluorochemicals were more likely to experience fevers, according to a 2016 study. Other research linked the chemicals to increased rates of infectious diseases, food allergies and asthma in children. Dozens of scientific papers had found that, in adults, even very low levels of PFOS could interfere with hormones, fertility, liver and thyroid function, cholesterol levels and fetal development. Even PFBS, the chemical that 3M chose as a replacement for PFOS, caused developmental and reproductive irregularities in animals, according to the Minnesota Department of Health.

Reading these studies, Hansen felt a paradoxical kind of relief: As bad as PFOS seemed to be, at least independent scientists were studying it. But she also felt enraged at the company and at herself. For years, she had repeated the company’s claim that PFOS was not harmful. “I’m not proud of that,” she told me. She felt “dirty” for ever collecting a 3M paycheck. When she read the documents released by the Minnesota AG, she was horrified by how much the company had known and how little it had told her. She found records of studies that she had conducted, as well as the typed notes from her meeting with Newmark.

In October 2022, after Hansen had been at 3M for 26 years, her job was eliminated, and she chose not to apply for a new one. Three months later, she wrote me an email, offering to speak about what she had witnessed inside the company. “If you’d be interested in talking further, please let me know,” she wrote. The next day, we had the first of dozens of conversations.

When Hansen first told me about her experiences, I felt conflicted. Her work seemed to have helped force 3M to stop making a number of toxic chemicals, but I kept thinking about the 20 years in which she had kept quiet. During my first visit to Hansen’s home, in February 2023, we sat in her kitchen, eating bread that her husband had just baked. She showed me pictures of her father and shared a color-coded timeline of 3M’s history with forever chemicals. On a bitterly cold walk in a local park, we tried to figure out if any of her colleagues, besides Newmark, had known that PFOS was in everyone’s blood. She often sprinkled her stories with such Midwesternisms as “holy ­buckets!”

Hansen at her home in Minnesota

During my second trip, this past August, I asked her why, as a scientist who was trained to ask questions, she hadn’t been more skeptical of claims that PFOS was harmless. In the awkward silence that followed, I looked out the window at some hummingbirds.

Hansen’s superiors had given her the same explanation that they gave journalists, she finally said — that factory workers were fine, so people with lower levels would be, too. Her specialty was the detection of chemicals, not their harms. “You’ve got literally the medical director of 3M saying, ‘We studied this, there are no effects,’” she told me. “I wasn’t about to challenge that.” Her income had helped to support a family of five. Perhaps, I wondered aloud, she hadn’t really wanted to know whether her company was poisoning the public.

To my surprise, Hansen readily agreed. “It almost would have been too much to bear at the time,” she told me. 3M had successfully compartmentalized its secret; Hansen had only seen one slice. (When I sent the company detailed questions about Hansen’s account, a spokesperson responded without answering most of them or mentioning Hansen by name.)

Recently, I thought back on Taves and Guy, the academic scientists who, in the ’70s, came so close to proving that 3M’s chemicals were accumulating in humans. Taves is 97, but when I called him he told me that he still remembers clearly when company representatives visited his lab at the University of Rochester. “They wanted to know everything about what we were doing,” he told me. But the exchange was not reciprocal. “I soon found out that they weren’t going to tell me anything.” 3M never confirmed to Taves or Guy, who was a postdoctoral student at the time, that its fluorochemicals were in human blood. “I’m sort of kicking myself for not having followed up on this more, but I didn’t have any research money,” Guy told me. He eventually became a dentist to support his wife and family. (He died this year at 81.) Taves, too, left the field, to become a psychiatrist, and the trail ended there.

Last year, while reading about the thousands of PFAS-related lawsuits that 3M was facing, I was intrigued to learn that one of them, filed by cities and towns with polluted water, had produced a new set of internal 3M documents. When I requested several from the plaintiff’s legal team, I saw two names that I recognized. In a document from 1991, a 3M scientist talked about using a mass spectrometer — the same tool that Hansen would use years later — to devise a technique for measuring PFOS in biological fluid. The author was Jim Johnson — and he had sent the report to his boss, Dale Bacon.

This revelation made me gasp. Johnson had been Hansen’s first boss and had instigated her research into PFOS. Bacon had questioned her findings and ultimately told her to stop her work. (In a sworn deposition, Bacon said that by the ’80s he had heard, during a water-cooler chat with a colleague, that Taves and Guy had found PFOS in human blood.) What I couldn’t understand was why Johnson would ask Hansen to investigate something that he had already studied himself — and then act surprised by the results.

Jim Johnson, who is now an 81-year-old widower, lives with several dogs in a pale-yellow house in North Dakota. When I first called him, he said that he had begun researching PFOS in the ’70s. “I did a lot of the very original work on it,” he told me. He said that when he saw the chemical’s structure he understood “within 20 minutes” that it would not break down in nature. Shortly thereafter, one of his experiments revealed that PFOS was binding to proteins in the body, causing the chemical to accumulate over time. He told me that he also looked for PFOS in an informal test of blood from the general population, around the late ’70s, and was not surprised when he found it there.

Johnson initially cited “480 pounds of dog” as a reason that I shouldn’t visit him, but he later relented. When I arrived, on a chilly day in November, we spent a few minutes standing outside his house, watching Snozzle, Sadie and Junkyard press their slobbery snouts against his living ­room window. Then we decamped to the nearest IHOP. Johnson, who was dressed in jeans and a flannel shirt, was so tall that he couldn’t comfortably fit into a booth. We sat at a table and ordered two bottomless coffees.

In an experiment in the early ’80s, Johnson fed a component of Scotchban to rats and found that PFOS accumulated in their livers, a result that suggested how the chemical would behave in humans. When I asked why that mattered to the company, he took a sip of coffee and said, “It meant they were screwed.”

At the time, Johnson said, he didn’t think PFOS caused significant health problems. Still, he told me, “it was obviously bad,” because man-made compounds from household products didn’t belong in the human body. He said that he argued against using fluorochemicals in toothpaste and diapers. Contrac­tors working for 3M had shaved rabbits, he said, and smeared them with the company’s fluorochemicals to see if PFOS showed up in their bodies. “They’d send me the livers and, yup, there it was,” he told me. “I killed a lot of rabbits.” But he considered his efforts largely futile. “These idiots were already putting it in food packaging,” he said.

Johnson told me, with seeming pride, that one reason he didn’t do more was that he was a “loyal soldier,” committed to protecting 3M from liability. Some of his assignments had come directly from company lawyers, he added, and he couldn’t discuss them with me. “I didn’t even report it to my boss, or anybody,” he said. “There are some things you take to your grave.” At one point, he also told me that, if he were asked to testify in a PFOS-related lawsuit, he would probably be of little help. “I’m an old man, and so I think they would find that I got extremely forgetful all of a sudden,” he said, and chuckled.

Out the windows of IHOP, I watched a light dusting of snow fall on the parking lot. In Johnson’s telling, a tacit rule prevailed at 3M: Not all questions needed to be asked, or answered. His realization that PFOS was in the general public’s blood “wasn’t something anyone cared to hear,” he said. He wasn’t, for instance, putting his research on posters and expecting a warm reception. Over the years, he tried to convince several executives to stop making PFOS altogether, he told me, but they had good reason not to. “These people were selling fluorochemicals,” he said. He retired as the second-highest-­ranked scientist in his division, but he claimed that important business decisions were out of his control. “It wasn’t for me to jump up and start saying, ‘This is bullshit!’” he said, and he was “not really too interested in getting my butt fired.” And so his portion of 3M’s secret stayed in a compartment, both known and not known.

3M is among the largest employers in Minnesota.

Johnson said that he eventually tired of arguing with the few colleagues with whom he could speak openly about PFOS. “It was time,” he said. So he hired an outside lab to look for the chemical in the blood of 3M workers, knowing that it would also test blood bank samples for comparison — the first domino in a chain that would ultimately take the compound off the market. Oddly, he compared the head of the lab to a vending machine. “He gave me what I paid for,” Johnson said. “I knew what would happen.” Then Johnson tasked Hansen with something that he had long avoided: going beyond his initial experiments and meticulously documenting the chemical’s ubiquity. While Hansen took the heat, he took early retirement.

Johnson described Hansen as though she were a vending machine, too. “She did what she was supposed to do with the tools I left her,” he said.

I pointed out that Hansen had suffered professionally and personally, and that she now feels those experiences tainted her career. “I didn’t say I was a nice guy,” Johnson replied, and laughed. After four hours, we were nearing the bottom of our bottomless coffees.

Johnson has strayed from evidence-­based science in recent years. He now believes, for instance, that the theory of evolution is wrong, and that COVID-19 vaccines cause “turbo-cancers.” But his account of what happened at 3M closely matched Hansen’s, and when I asked him about meetings and experiments described in court documents he remembered them clearly.

When I called Hansen about my conversation with Johnson, she grew angrier than I’d ever heard her. “He knew the whole time!” she said. Then she had to get off the phone for an appointment. “So glad I’m going to see my therapist,” she added, and hung up.

I once thought of secrets as discrete, explosive truths that a heroic person could suddenly reveal. In the 1983 film “Silkwood,” which is based on real events, Karen Silkwood, a worker at a plutonium plant, assembles a thick folder documenting her employer’s shoddy safety practices; while driving to share them with a reporter, she dies in a mysterious one-car crash. In another adaptation of a true story, the 2015 film “Spotlight,” a source delivers a box of critical documents to The Boston Globe, helping the paper to publish an investigation into child sexual abuse within the Catholic Church. Talking to Hansen and Johnson, though, I saw that the truth can come out piecemeal over many years, and that the same people who keep secrets can help divulge them. Some slices of 3M’s secret are only now coming to light, and others may never come out.

Between 1951 and 2000, 3M produced at least 100 million pounds of PFOS and chemicals that degrade into PFOS. This is roughly the weight of the Titanic. After the late ’70s, when 3M scientists established that the chemical was toxic in animals and was accumulating in humans, it produced millions of pounds per year. Scientists are still struggling to grasp all the biological consequences. They have learned, just as Johnson did decades ago, that proteins in the body bind to PFOS. It enters our cells and organs, where even tiny amounts can cause stress and interfere with basic biological functions. It contributes to diseases that take many years to develop; at the time of a diagnosis, one’s PFOS level may have fallen, making it difficult to establish causation with any certainty.

The other day, I called Brad Creacey, who became an Air Force firefighter in the ’70s at the age of 18. He told me that several times a year, for practice, he and his comrades put on rubber boots and heavy silver uniforms that looked like spacesuits. Then a “torch man,” holding a stick tipped with a burning rag, ignited jet fuel that had been poured into an open-air pit. To extinguish the 100-foot-tall flames, Creacey and his colleagues sprayed them with aqueous film-forming foam, or AFFF. 3M manufactured it from several forever chemicals, including PFOS.

Creacey remembers that AFFF felt slick and sudsy, almost like soap, and dried out the skin on his hands until it cracked. To celebrate his last day on a military base in Germany, his friends dumped a ceremonial bucket on him. Only later, after working with firefighting foam at an airport in Monterey, California, did he start to wonder if a string of ailments — cysts on his liver, a nodule near his thyroid — were connected to the foam. He had high cholesterol, which diet and exercise were unable to change. Then he was diagnosed with thyroid cancer. “It makes me feel like I was a lab rat, like we were all disposable,” Creacey told me. “I’ve lost faith in human beings.”

To celebrate Air Force firefighter Brad Creacey’s last day on a military base in Germany, his friends doused him with a bucket of the same aqueous film-forming foam they used to extinguish fires. Later, Creacey wondered if a string of ailments was connected to his many years of contact with the foam. (Courtesy of Brad Creacey)

It may be tempting to think of Creacey and his peers as unwitting research subjects; indeed, recent studies show that PFOS is associated with an increased risk of thyroid cancer and, in Air Force servicemen, an elevated risk of testicular cancer. But it is probably more accurate to say that we are all part of the experiment. Average levels of PFOS are falling, but nearly all people have at least one forever chemical in their blood, according to the Centers for Disease Control and Prevention. “When you have a contaminated site, you can clean it up,” Elsie Sunderland, an environmental chemist at Harvard University, told me. “When you ubiquitously introduce a toxicant at a global scale, so that it’s detectable in everyone ... we’re reducing public health on an incredibly large scale.” Once everyone’s blood is contaminated, there is no control group with which to compare, making it difficult to establish responsibility.

New health effects continue to be discovered. Researchers have found that exposure to PFAS during pregnancy can lead to developmental delays in children. Numerous recent studies have linked the chemicals to diabetes and obesity. This year, a study discovered 13 forever chemicals, including PFOS, in weeks-old fetuses from terminated pregnancies and linked the chemicals to biomarkers associated with liver problems. A team of New York University researchers estimated in 2018 that the costs of just two forever chemicals, PFOA and PFOS — in terms of disease burden, disability and health-care expenses — amounted to as much as $62 billion in a single year. This exceeds the current market value of 3M.

Philippe Grandjean, a physician who helped discover that PFAS harm the immune system, believes that anyone exposed to these chemicals — essentially everyone — may have an elevated risk of cancer. Our immune systems often find and kill abnormal cells before they turn into tumors. “PFAS interfere with the immune system, and likely also this critical function,” he told me. Grandjean, who served as an expert witness in the Minnesota AG’s case, has studied many environmental contaminants, including mercury. The impact of PFAS was so much more extreme, he said, that one of his colleagues initially thought it was the result of nuclear radiation.

In April, the EPA took two historic steps to reduce exposure to PFAS. It said that PFOS and PFOA are “likely to cause cancer” and that no level of either chemical is considered safe; it deemed them hazardous substances under the Superfund law, increasing the government’s power to force polluters to clean them up. The agency also set limits for six PFAS in drinking water. In a few years, when the EPA begins enforcing the new regulations, local utilities will be required to test their water and remove any amount of PFOS or PFOA which exceeds four parts per trillion — the equivalent of one drop dissolved in several Olympic swimming pools. 3M has produced enough PFOS and chemicals that degrade into PFOS to exceed this level in all of the freshwater on earth. Meanwhile, many other PFAS continue to be used, and companies are still developing new ones. Thousands of the compounds have been produced; the Department of Defense still depends on many for use in explosives, semiconductors, cleaning fluids and batteries. PFAS can be found in nonstick cookware, guitar strings, dental floss, makeup, hand sanitizer, brake fluid, ski wax, fishing lines and countless other products.

In a statement, a 3M spokesperson told me that the company “is proactively managing PFAS,” and that 3M’s approach to the chemicals has evolved along with “the science and technology of PFAS, societal and regulatory expectations, and our expectations of ourselves.” He directed me to a fact sheet about their continued importance in society. “These substances are critical to multiple industries — including the cars we drive, planes we fly, computers and smart phones we use to stay connected, and more,” the fact sheet read.

Recently, 3M settled the lawsuit filed by cities and towns with polluted water. It will pay up to $12.5 billion to cover the costs of filtering out PFAS, depending on how many water systems need the chemicals removed. The settlement, however, doesn’t approach the scale of the problem. At least 45% of U.S. tap water is estimated to contain one or more forever chemicals, and one drinking water expert told me that the cost of removing them all would likely reach $100 billion.

In 2022, 3M said that it would stop making PFAS and would “work to discontinue the use of PFAS across its product portfolio,” by the end of 2025 — a pledge that it called “another example of how we are positioning 3M for continued sustainable growth.” But it acknowledged that more than 16,000 of its products still contained PFAS. Direct sales of the chemicals were generating $1.3 billion annually. 3M’s regulatory filings also allow for the possibility that a full phaseout won’t happen — for example, if 3M fails to find substitutes. “We are continuing to make progress on our announcement to exit PFAS manufacturing,” 3M’s spokesperson told me. The company and its scientists have not admitted wrong­doing or faced criminal liability for producing forever chemicals or for concealing their harms.

A photo of the Hansens: Paul, Kris and her mother, Nancy

Hansen often wonders what her father would say about 3M if he were still alive. A few years ago, he began to show signs of dementia, which worsened during the COVID-19 pandemic. Every time Hansen explained to him that a novel coronavirus was sickening people around the world, he asked how he might contribute — forgetting that the N95 mask he helped to create was already protecting millions of people from infection. When he died, in January 2021, Hansen noticed some Coban wrap on his arm. It was shielding his delicate skin from tears, just as he had designed it to. “He invented that,” Hansen told the hospice nurse, who smiled politely.

After she left 3M, Hansen began volunteering at a local nature preserve, where she works to clear paths and protect native plants. Last August, she took me there, and we walked to a creek where she often spends time. The water is home to three species of trout, she told me. It is also polluted by forever chemicals that 3M once dumped upstream.

For most of our hike, a thick wall of flowers — purple joe-pye weed and goldenrod — made it impossible to see the creek bank. Then we came to a wooden bench. I climbed on top of it and looked down on the creek. As I listened to the gurgling of water and the buzzing of insects, I thought I understood why Hansen liked to come here. It was too late to save the creek from pollution; 3M’s chemicals could be there for thousands of years to come. Hansen just wanted to appreciate what was left and to leave the place a little better than she’d found it.

The conservancy where Kris Hansen began volunteering after leaving 3M. The creek is polluted with forever chemicals that 3M once dumped upstream.

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Kirsten Berg contributed research.

by Sharon Lerner, photography by Haruka Sakaguchi, special to ProPublica

Kristi Noem Said She Is Proud to “Support Babies, Moms, and Families.” Her Record Shows Otherwise, Critics Say.

6 months ago

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Last month, former President Donald Trump announced he would not pursue a federal abortion ban, as many of his supporters hoped, and he criticized states with bans that make no exception for rape or incest.

Gov. Kristi Noem of South Dakota, who at the time was on a short list of candidates to become Trump’s pick for vice president, responded immediately. Even though her state’s ban has neither exception and is considered one of the strictest in the country, Noem highlighted the parts of Trump’s message that she agreed with and sidestepped the rest.

“.@realDonaldTrump is exactly right… this is about ‘precious babies.’ It should be easier for moms, dads, and families to have babies — not harder,” she wrote on X following Trump’s announcement. “South Dakota is proud to stand for LIFE and support babies, moms, and families.”

But some state lawmakers, health care advocates and political observers in South Dakota say that Noem does not always follow through on that rhetorical promise. Since she became the first female governor of South Dakota in 2019, she has rejected programs and millions of dollars in federal funds that would have benefited pregnant people, parents and children — policies that might be at odds with her vision of limited government.

That Noem doesn’t always follow through on her talk is an oft-repeated criticism, said Jon Schaff, a political science professor at Northern State University in Aberdeen, South Dakota, who put it another way: Noem, he said, is “all hat and no cattle.”

“You look like a cowboy, but you’re not one,” Schaff said of the well-worn phrase. “I think there’s been a sense that she’s maybe overly concerned about sort of the imagery of politics rather than the substance.”

Much of that criticism has been eclipsed by the fallout from Noem’s memoir, “No Going Back,” in which she provides an account of shooting and killing a pet hunting dog called Cricket two decades ago. Still, Noem has pitched herself as a governor, rancher and mom passionate about family values and a second Trump presidency. For his part, Trump has not yet publicly eliminated her as a potential running mate, so her record on taking “care of moms and their babies both before birth and after” bears examination.

Noem’s Record

Noem’s office declined to comment, saying responses from state agencies were sufficient. But her record does, in fact, include measures that support families. In 2020, she helped create the first paid family leave policy for state employees, and she expanded it last year from eight to 12 weeks. She extended the length of time that people in prison can spend with their newborns in a “mother-infant program” from 1 month to 30 months. And she expanded a program called Bright Start, which pairs nurses with first-time parents, to cover the entire state with a $2.5 million budget increase.

In a statement, a spokesperson for the South Dakota Department of Health wrote that Noem is “committed to freedom for life” and pointed to a recently launched mobile health clinic called Wellness on Wheels, which provides services to rural communities such as connections with federal Women, Infants and Children benefits and pregnancy risk assessments. Over half the state counties are defined as a maternal care desert.

“DOH programs like Bright Start, Wellness on Wheels, WIC, pregnancy care and many more support this initiative in ensuring our future generations are healthy and strong,” the statement said.

Abortion

At times, Noem has tried to put distance between herself and the state’s abortion ban, which was put in place by a trigger law that was passed before she took office. The ban only allows the procedure to “preserve the life of the pregnant female.” But she has not embraced opportunities to add exceptions to the ban’s language, even after calls to do so from within her own party.

Three female Republican lawmakers attempted to enact legislation to add “risk of death or of a substantial and irreversible physical impairment of … major bodily functions” to the permissible circumstances for an abortion. Rep. Taylor Rehfeldt, Sen. Sydney Davis and Sen. Erin Tobin — all registered nurses who identify as pro-life — met several times with Noem staffers as they tried to build support for the measure, and they believed they had Noem’s support. But as opposition emerged from anti-abortion advocates, principally South Dakota Right to Life, Noem did not help. Rehfeldt withdrew the bill.

“I never got an official statement from her office,” Rehfeldt said. “But I will tell you that there was consensus, and then all of a sudden there wasn’t.”

In the next legislative session, Rehfeldt brought a new bill that mandated that the Department of Health and the state attorney general create an educational video intended to clarify — but not change — the ban’s language; Noem signed that one in March. Susan B. Anthony Pro-Life America released a statement thanking Noem “for making South Dakota the first state to protect women’s lives with a Med Ed law.”

Medicaid Expansion

Maternal and infant health outcomes are particularly alarming in the state’s Native American population. About 44% of all pregnancy-associated deaths from 2012 to 2021 were Native Americans and Alaska Natives. In 2023, more than 3% of all Native American babies born in South Dakota had syphilis, part of an unprecedented modern outbreak.

One component of the problem is the chronically underfunded Indian Health Service hospitals and clinics, which are overseen by the federal government. If South Dakota expanded eligibility for its Medicaid program, as 39 other states and the District of Columbia have done, it would infuse IHS facilities with badly needed additional money from newly covered patients.

“That may be like a job position for a new doctor or salary for a dentist,” said Janelle Cantrell, head of the Medicaid and health care exchange enrollment program at Great Plains Tribal Leaders’ Health Board in Rapid City, South Dakota.

But Noem has opposed and delayed expansion. In 2022, South Dakota voters took the decision out of her hands by approving a ballot initiative for Medicaid expansion. According to state Rep. Linda Duba, a Democrat, Noem has dragged her feet on the expansion, which has resulted in far fewer residents enrolling than expected. At the same time, Noem supports adding a work requirement to Medicaid eligibility, which is popular among GOP governors.

“There’s nothing proactive going on,” Duba said. “That comes from the administration. They didn’t want Medicaid expansion. They’re doing everything they can to slow-walk it and keep the enrollments down.”

Department of Social Services Cabinet Secretary Matt Althoff said in a statement that Medicaid expansion enrollment is going “efficiently and smoothly,” and that he expects a monthly average of 40,000 enrollees a month in the next fiscal year. He pointed to the state’s low unemployment rate and rising per capita personal income as an explanation for below-expected enrollment.

Early Childhood

South Dakota has no state-funded preschool program. Noem’s administration declined to apply for $7.5 million in federal money to pay for a free summer meal program for low-income children, something several GOP governors have also done. She also helped defeat proposals to pay for school lunches for eligible students and once called subsidized child care a “line in the sand” she wouldn’t cross.

“I just don’t think it’s the government’s job to pay or to raise people’s children for them,” she said in a radio interview in December 2023.

Some of Noem’s own initiatives have fallen flat. A pledge to eliminate the state’s 4.5% grocery tax, a full sales tax on all food items that only South Dakota and Mississippi charge, was a cornerstone of her 2022 reelection campaign. Repealing the tax, she said, would help “single moms who may rent an apartment and have a tough time feeding their kids with the rising food costs that we have.”

But the bill to repeal the tax failed to pass one of its first committee hearings, despite the Legislature’s Republican supermajority.

“It is amazing to me how much of a national profile that Kristi Noem has, in some ways not being all that successful in terms of achieving legislative agendas,” said state Sen. Reynold F. Nesiba, a Democrat and the chamber’s minority leader.

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by Jessica Lussenhop

Segregation Academies Still Operate Across the South. One Town Grapples With Its Divided Schools.

6 months ago

This story contains a racial slur.

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up for Dispatches, a newsletter that spotlights wrongdoing around the country, to receive our stories in your inbox every week.

Join us for a virtual discussion of how private schools known as “segregation academies” in the Deep South continue to preserve divisions within communities even 70 years after Brown v. Board of Education.

A mile of Alabama country road, and a history of racism, separate the two schools. At the stop sign between them, even the road’s name changes. Threadgill Road, christened for a civil rights hero, becomes Whiskey Run. Black students take Threadgill to one campus; white students turn off Whiskey Run toward the other.

Both schools are shrinking. Wilcox County, a notch in the swath of old plantation country known as the Black Belt, struggles with declining population — a common scenario across this part of the South. In such places, the existence of two separate school systems can isolate entire communities by race.

The private school, Wilcox Academy, is what researchers call a “segregation academy” due to the historic whiteness of its student body and the timing of its opening. It’s down to 200 students across 12 grades. Housed in a single-story building with beige siding and brown brick veneer, the school offers chapel and core academic classes but not music, theater or band programs.

Wilcox Academy in Camden, Alabama

Down the road, the county’s public high school has more students and course options. Wilcox Central High’s building, with a medical-training lab and competition-sized swimming pool, could house 1,000 students. Instead, it barely draws 400, virtually all of them Black, from across the entire 888-square-mile county.

Divisions like this have long played out across the region. In 1954, the U.S. Supreme Court issued its landmark decision in Brown v. Board of Education, declaring public school segregation unconstitutional. As the federal courts repeatedly ruled against the South’s massive resistance, many white people pivoted to a new tactic, one that is lesser known and yet profoundly influences the Black Belt region today: They created a web of hundreds, perhaps thousands, of private schools to educate white children.

Now, 70 years after the Brown decision, ProPublica has found about 300 schools that likely opened as segregation academies in the South are still operating. Some have flourished into pricey college-prep behemoths. Others, like Wilcox Academy, remain modest Christian schools. Many have accepted more nonwhite students over the years, and some now come close to reflecting the communities they serve.

But across Alabama’s 18 Black Belt counties, all of the remaining segregation academies ProPublica identified — about a dozen — are still vastly white, even though the region’s population is majority Black. And in the towns where these schools operate, they often persist as a dividing force.

Even when rural segregation academies offer fewer amenities than their public-school counterparts, white parents are often unwilling to voluntarily send their children to majority-Black public schools. That can be to the detriment of all students, especially in struggling communities where money is tight. It means doubling up on school overhead costs, and fewer students at each school means neither one can offer the robust programs that they could provide if their resources were combined.

“You’re dividing money you don’t have in half,” said Bryan Mann, a University of Kansas professor who studies school segregation and school choice.

And soon, far more tax dollars will be flowing into private schools. Republican lawmakers are adopting plans for massive infusions of state money to help thousands more students who want to attend them. It’s part of a movement barreling across the country, particularly the Southeast — where, in Black Belt counties like Wilcox, a segregation academy may be the only nearby private school option.

In March, Alabama’s Republican Gov. Kay Ivey, who is from Wilcox County, signed the CHOOSE Act. It creates a program of voucher-like education savings accounts and directs the state legislature to devote no less than $100 million a year to fund them. Students can apply for up to $7,000 a year to pay for private school tuition, among other costs.

Since the start of 2023, North Carolina, Arkansas and Florida have joined Alabama in opening voucher-style programs to all students over the coming years, as opposed to limiting them to lower-income students or those in low-performing schools. South Carolina created one that extends to middle-income and some upper-income families. Georgia adopted its own for children in low-performing public schools. Governors in Texas and Tennessee pledged to continue similar fights next year.

To Alabama native Steve Suitts, history is repeating.

After the Brown decision, Southern legislatures provided state money to help white students flee to the new academies. Alabama was among the first states to do so, said Suitts, a historian and author of “Overturning Brown: The Segregationist Legacy of the Modern School Choice Movement.” Even the language used — framing the movement as parents’ right to “freedom” and “private school choice” — was the same then as it is now.

“I cannot see how there will be any difference,” Suitts said of recent laws. He dubbed Alabama’s new voucher-style program the Segregation Academy Rescue Act.

Republican lawmakers strongly disagree. They argue that today Black and white students alike can use the money to attend private schools. The new law bars participating schools from discriminating based on race, though it does allow them to choose which applicants they want to admit.

During House debate earlier this year, Republican state Rep. Danny Garrett, the education budget chair, heard many Black legislators argue that the law is about race, its aim to bolster segregation. “Of course, neither of these statements are true,” he told them.

In Camden, the pastoral county seat of Wilcox, Black and white residents said they would like to see their children schooled together. But after so long apart, they aren’t sure how to best do that.

High school juniors Jazmyne Posey and Samantha Cook hadn’t met until they started working at Black Belt Treasures, a nonprofit in downtown Camden that sells the wares of hundreds of Black Belt artists.

On the surface, the teenagers appear to have little in common. Jazmyne is Black; Samantha is white. Jazmyne likes rap and hip-hop; Samantha likes indie pop. Jazmyne goes to the public school; Samantha goes to Wilcox Academy.

But they soon bonded over similar life experiences and problems, both teenagers navigating high school relationships. They wonder what it would be like to be in class together. Would their friends get along?

High schoolers Samantha Cook, left, and Jazmyne Posey talk about their favorite music while working at Black Belt Treasures, a cultural arts center in downtown Camden.

Once, when they hadn’t worked together for a while, Jazmyne missed talking to Samantha. “I caught word that she said she missed me too,” she said.

Samantha has watched her class at Wilcox Academy shrink from 22 to 13 students. She likes her writing classes but wishes the school offered more, especially a theater program. “I definitely would have been a theater kid,” she said. One day, she hopes to join her sister in Atlanta: “There’s so many different cultures, so many people to meet.”

Jazmyne’s grandmother, who died this spring, attended the public high school a few years after desegregation. By then, most white students had left for the new academies. Although racism caused segregation, Jazmyne doesn’t think it’s the cause of the ongoing divisions.

“Nobody around here is really racist,” she said. “We just haven’t come together. We’ve been doing our own thing all the time.”

Roots of Division

Sheryl Threadgill-Matthews grew up immersed in the urgency and hope of the Civil Rights Movement. Her father was a prominent activist and chaplain of Camden Academy, a private Presbyterian school for Black children. Her mother taught at the school. The entire family lived, learned and worshiped on the campus, perched atop a grassy knoll called Hangman’s Hill.

Dr. Martin Luther King Jr., one of her father’s college classmates, spoke at commencement in 1954. The grounds soon became a hub for staging civil rights marches and boycotts — landing it in the crosshairs of white school officials.

In 1965, the Wilcox County school board exercised eminent domain to take over the property. They kept the school open for several more years but evicted the Threadgills from their home and forced her father and his parishioners to tear down the school’s church.

She witnessed the dismantling. Someone burned a cross in their yard.

The family pressed forward. A year later, when she was a freshman, Threadgill-Matthews arrived at Wilcox County High, then a public school for white children. It was Sept. 23, 1966, and she would become one of the first nine Black students to cross the county’s racial line that day.

Sheryl Threadgill (pictured on the far right with her mother behind her) was among several Black students who integrated Wilcox County schools. (Bob Fitch Photography Archive, Department of Special Collections, Stanford University Library) Sheryl Threadgill-Matthews looks through her old yearbook from Camden Academy.

Grand white columns flanked the front door to the red brick building. She was grateful that her father walked her inside. Even after he left, the morning passed quietly. But it was a fleeting relief. Over the coming months, students rammed her desk with their chairs. They ripped her books apart. They brushed chalk dust into her hair. They smacked her head with crutches.

One day in science class, a boy sneered: “Nigger, if you make more than me on the test, I’m gonna kill you.” When she did so, he hurled something at her head so hard that she fell unconscious in the hallway.

She endured for the school year, then pleaded to return to Camden Academy. So did most of the students who’d come with her.

By then, white families across the South had launched the segregation academy movement.

In Alabama, it ramped up after a federal court ordered Tuskegee High School to desegregate. White parents scrambled to open a segregation academy, which Gov. George Wallace soon toured. He urged more like it to open — and called on state lawmakers to help.

In 1965, the state’s legislature approved $3.75 million — worth about $36 million today — to fund tuition grants that paid for students “to attend private schools rather than go to public school classes with Negroes,” the Alabama Journal reported.

Six other Southern states adopted similar programs, which “enabled the largest growth of private schools in the South’s history,” Suitts wrote in the journal Southern Spaces.

Across the old Confederacy, newspaper headlines announced private schools opening with names like Robert E. Lee Academy, Wade Hampton Academy, Jefferson Davis Academy. The Rebels were a favored mascot.

In March 1970, Camden’s local newspaper reported, “Promoters of additional private school facilities in Wilcox County got a shot in the arm this week.” The federal government had filed a plan for desegregating the local schools.

“The action is expected by many to spur interest in the construction of new private school facilities at Camden and Pine Hill,” the article said.

Two weeks later, another headline reported: “Private School Plan Shaping Up.” The story said 119 families in Wilcox had formed a new foundation, voted to start a private school, and secured 16 acres of land in Camden. It was the birth of Wilcox Academy.

Despite the obvious implications of the timing, many white people across the South argued their motives for embracing the new academies weren’t racist. Publicly, they cited “choice,” “freedom” and higher-quality (often Christian) education.

But those sentiments were hard to square with the fact that many academies opened hastily, often in people’s homes, churches or vacant buildings. Researchers who visited some of the new schools in the 1970s wrote that most were “dilapidated, worn, a little dirty, short on supplies and materials, cramped, offering few opportunities for enrichment.”

Wilcox Academy, however, enjoyed substantial financial support from the start. When it opened in September 1970, it was “generally regarded to be one of the most beautiful and well-equipped new schools in the area,” the Wilcox Progressive Era newspaper reported.

The nearby public school started the year with half the students it had the year before. Just two years later, Wilcox County public schools enrolled 3,733 Black students and only 109 white ones.

Now five decades later, only a handful of white students are enrolled.

Under drizzly clouds one day this spring, Threadgill-Matthews accelerated up the grassy knoll where Camden Academy once stood. With her 5-year-old great-nephew in the back seat, she approached J.E. Hobbs Elementary, a public school that now operates on the academy’s former campus in a hodgepodge of structures. Her nephew’s classroom was to one side in a low-slung building, painted blue with sunshine-yellow doors.

On her other side, a timeworn sidewalk leads to nothing but a stand of pine trees. Before the school district evicted her family and condemned it, their home stood in that spot.

Her nephew slipped from the car with his Spiderman backpack, gave her a hug, and headed into a classroom filled with Black children — just as she once did on this campus.

Now 71, she tries not to dwell on the disappointment. So little has changed since Brown v. Board, or the day when she and other Black children made history and suffered terribly for it.

“It is really heartbreaking,” she said.

Patrick Wheeler Jr., 5, is dropped off by Sheryl Threadgill-Matthews, his great-aunt, at the same campus where she attended an all-Black school in the 1960s. Threadgill-Matthews stands beside a sidewalk where her childhood home once stood outside of Camden Academy, a Presbyterian school for Black students. J.E. Hobbs Elementary now stands on the former site of the academy. Tools of Resistance

Several years ago, an Auburn University history student reached out to Threadgill-Matthews, hoping to interview her for a master’s thesis. Amberly Sheffield had taught at Wilcox Academy, an experience that left her so intrigued by the school and its origins that she was devoting her thesis to the topic of segregation academies.

Sheffield grew up in the early 2000s in a neighboring county. Her hometown was down to 1,800 people. Despite the small population, she said, two segregation academies operated within a 20-minute drive of her house.

Sheffield didn’t go to either of them. Although she is white, her parents chose the public high school. About 70% of her classmates were Black.

She liked it there. An honors student and cheerleader, she had Black and white teachers. She hung out with a mix of friends and got to learn about their different backgrounds. So she often wondered: Why did so many other white parents pay to send their kids to the academies?

She decided to find out.

In 2019, fresh off earning her bachelor’s degree, she landed a job teaching high school history at Wilcox Academy. She moved to Camden, 40 miles south of Selma, and rented an old plantation house.

Heading into downtown, she saw attorneys, restaurants and clothing boutiques operating from rows of storefronts adorned with flower boxes. At one of the three stop lights, she passed the antebellum red brick county courthouse. Down the road, the white paint peeled on Antioch Baptist Church, where the KKK had once harassed congregants and a white man shot a Black man dead as people gathered for a funeral.

Antioch Baptist Church sits along a quiet road in Camden.

On her first day at work, Sheffield headed into the academy’s building, which was flanked by athletic fields and stands of trees. Although the county is more than two-thirds Black, the classrooms inside bustled with white children and teachers. The only Black staff she saw were two custodians.

It felt like 1970, the year the school opened.

As she got to know her students, she probed: Why didn’t they go to the public schools? She expected them to cite the academy’s Christian education or the alumni in their family. And some did.

Others figured Wilcox Academy’s academics were better. But it was hard to know. Unlike the public schools, private schools don’t have to release test scores that would allow for comparisons.

To her surprise, many of her students spoke of fear. The public schools were dangerous, they said. They might get shot. They didn’t say it was because the students there are Black, “but that was the sense I got,” Sheffield said.

Wilcox Central High School has space for 1,000 students but its enrollment is down to 400. Now 70 years after the Brown v. Board of Education decision, Wilcox Central High School’s student population remains nearly all Black.

She realized her students moved in bubbles of whiteness. Virtually all of their friends were white. Their parents’ friends were white. And they were never mentored or disciplined by Black teachers.

By then, Alabama was several years into a tuition scholarship program for lower-income families that was used mostly by Black students and could have helped more African American families apply to mostly white private schools. But Wilcox Academy has chosen not to participate.

Nor have many of the segregation academies in neighboring counties, state records indicate. Private schools in Alabama whose student bodies are more than 94% white have been least likely to opt in, one researcher found.

Wilcox Academy’s principal did not respond to ProPublica’s multiple emails and calls seeking to discuss the academy’s impact on local school segregation, why it doesn’t participate in the existing tuition-grant program and whether it will participate in the new program.

Sheffield concluded that many families still chose the academy due to race — the comfort of their own, discomfort with another — even if they didn’t recognize it as such.

She stayed for one school year, then got to work on her master’s degree. (She’s now a doctoral student at the University of Mississippi studying segregation academies.)

In her master’s thesis, she tracked the formation of these schools across Alabama, particularly “a tidal wave” of openings in 1970. That fall alone, 23 sprang up across the state, including Wilcox Academy. By 1978, public school enrollment in seven Black Belt counties — including Wilcox — was more than 90% Black.

“These segregation academies proved to be white resisters’ most successful tool of resistance,” Sheffield wrote.

The Persistence of Division

In small towns like Camden, where everyone could know one another well, people often don’t. It’s been that way since white settlers arrived to bankroll new cotton plantations. They brought so many enslaved laborers that the county became, and remains, predominantly Black.

Descendants of both enslavers and the enslaved still share the community. But in so many ways, they remain separated. Because they go to school apart and always have, only a few white children ride the buses to school with Black peers. Black and white parents rarely build friendships at high school football games or PTA meetings. They don’t often carpool or invite each other over for a meal.

Wilcox County Superintendent André Saulsberry has lived this. He graduated from the public schools he now leads. “Will we ever know each other as people here?” he asked. “I’m not sure.”

He noted that it’s difficult to imagine how to create an integrated school system where one has never existed. Black and white residents in Willcox still eye each other across a chasm formed by centuries of history.

“We don’t trust one another because we are so separate,” he said.

Two years ago, some of the county’s mostly white large landowners got Alabama legislators to derail the county and school board’s request to bring a property tax increase to a local vote. Half of the money would have gone to the nearly all-Black schools, including a new building for the elementary school Threadgill-Matthews’ nephew attends. Its aging structures have suffered two fires.

People who don’t send their children to public schools can lack a reason to invest in them, Black residents here lamented. Many wonder how Wilcox County would have fared if, instead of investing in the academies, white families had devoted their time and resources to the public schools.

“If people are together, they will understand each other in more ways — and trust more,” Saulsberry said. “And we won’t continue to die as a county.”

But some places in Camden have begun to draw Black and white people together in ways that foster deep relationships. One is Black Belt Treasures, where employees coordinate arts programs for public and private school students. They make a point of welcoming all comers. A Black artist, Betty Anderson, who runs a small civil rights museum across the street, has become close friends with the white women who work there.

Kristin Law, left, and Vera Spinks look at new artwork at Black Belt Treasures.

One recent day, two of those women stood in the gallery judging a public school’s art poster contest. Both were active with a local racial reconciliation group that halted during the early days of COVID-19. Both want the community to come together more.

Both also sent their children to Wilcox Academy. The decision, they said, wasn’t easy or simple.

One of them, Vera Spinks, knows that people wonder: Why not just send your kids to the public schools?

“It’s not as cut-and-dried,” she said.

The women vehemently deny the decision had to do with race. The schools had long been divided by the time they faced the decision of where to enroll their children. Both are Christians and said the academy’s religious education was a key factor, along with its small class sizes and personal attention from teachers.

Strong family ties also bond people to the academy. Kristin Law, the other woman working with Spinks at the gallery that day, is an alumna herself. “You now have three and four generations of students that have gone to the school,” she said. “It’s become more about school pride or tradition.”

Then there is the tremendous sweat equity parents put into the school. There’s almost always fundraising underway. The academy’s annual turkey hunt that raises money for the school dates back to 1971. Parents and students create, haul, assemble and gather donations for an annual prom extravaganza. The tradition has been passed down for 40 years.

Both women also said they are glad to see more Black and other nonwhite students at the school. “We’re ready for coming together,” Law said. “How do we do that?”

Crossing the Broken Bridge

Integration may yet come to places like Wilcox County — though not in the public schools.

Alabama’s new school-choice program will be open to most of its students in January 2025 and to all students in 2027. Under Alabama’s existing tuition-scholarship program, about 60% of students who have received the money in recent years have been Black. The new program, which will open the door to wealthier families, could fund more than four times as many students.

In places like Wilcox and many other Black Belt counties, the largest pool of potential new private school enrollees is Black children.

In 2019, the year Sheffield arrived there, Wilcox Academy hired Michael Woods, its first Black coach, to revitalize the basketball program. Four years into the job, he now wrestles with the thorny implications of the new voucher opportunities.

Black children still account for barely 5% of students in more than half the schools in the South that likely opened as segregation academies. That leaves white parents and students still firmly in control, even in majority-Black communities. Now these academies will confront an important question: If more Black students apply, how many will white leaders accept?

Woods grew up in Camden’s public schools and describes the “broken bridge” between the two communities. He never imagined that he’d one day work at the academy and was surprised when its leaders reached out to him. He arrived to see two Black students and no Black teachers.

But he felt welcome enough that he brought his niece and nephew to the academy, along with another Black student. Some have told him about hearing racially insensitive comments but nothing he considers outright racism.

“We are still set in those old-time ways,” he said. “But God has made it better, and it’s time to let it go.”

He wants Black children to have the same opportunities that white kids have long enjoyed. But for them to have a real choice, they need to feel valued at the academy. Woods said he’s told the staff, “We still have to give something to show these kids that we appreciate them to get them there to the school.”

Saulsberry, the superintendent, doesn’t expect many to apply regardless. “I’m not sure how comfortable, in some cases, it will be if the Black child went there.”

Given that few public school students score at the proficient level on math or reading assessments, leaders there know the district’s standardized test results could be used against it. But Saulsberry contends his schools provide far more than test scores can capture.

His teachers must be certified, unlike at some private schools. Students at the public high school also can become certified nursing assistants, patient care technicians, medication assistants, welders, brick masons and heavy equipment operators. They can get certified to work in forestry. Plumbing is coming in the fall.

Alexis Lewis, a junior, works on a project during welding class at Wilcox Central High School, which offers a number of job training programs.

His students also can get mental health care, special education services, bus services and free meals — which few area academies offer.

“We try to look at the total child, not just the academic side,” Saulsberry said.

Public school leaders know they will have to do more to sell strengths like these. Wilcox Central High Assistant Principal Donald Carter expects private schools to follow the college football playbook: “They’ll be out to recruit now.”

When Woods coaches the academy’s teams, the stands in the gymnasium fill with mostly white parents. The other teams are mostly or entirely white as well. He wonders how it would feel if more Black families filled those seats.

Woods said that he fields almost daily phone calls from Black parents. “A lot of parents I have talked to want their kids in a private school,” he said. “But they just couldn’t afford it.” Now, in cautiously curious tones, they ask a question that echoes back 70 years: How would “the white school” treat their children?

How We Counted Segregation Academies

To identify schools that likely opened as segregation academies, ProPublica adapted existing research using data from the National Center for Education Statistics’ Private School Universe Survey to identify K-12 schools that were founded in the South between 1954 and 1976 and were more than 90% white as recently as 1993-1995, the earliest years for which student demographic data is available. We also filtered out schools with certain unique focuses, such as special education, or that were opened around the same time for reasons that may not have primarily been due to desegregation — many Catholic schools, for example, met this criteria. To determine which schools were still operating, we compared those schools to the most recent Private School Universe Survey data, from 2021 to 2022. Our estimates may be an undercount, since data about private school demographics was not collected until 1993, almost two decades after desegregation ended, and because not all private schools respond to the survey. To determine which schools were both still operating and still disproportionately white, we compared their demographics data to U.S. Census Bureau estimates for the counties in which each school was located.

Help ProPublica Report on Education

Mollie Simon contributed research. Sergio Hernandez contributed data analysis.

by Jennifer Berry Hawes, photography by Sarahbeth Maney

Illinois School Districts Sent Kids to a For-Profit Out-of-State Facility That Isn’t Vetted or Monitored

6 months ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up for Dispatches, a newsletter that spotlights wrongdoing around the country, to receive our stories in your inbox every week.

Two years ago, Illinois lawmakers tried to help students with extreme needs who had a limited number of schools available to them.

They changed state law to allow public money to fund students’ tuition at special education boarding schools, including those out of state, that Illinois had not vetted and would not monitor. School districts, not the Illinois State Board of Education, would be responsible for oversight.

In solving one problem, however, Illinois created another: Districts now can send students to residential schools that get no oversight from the states in which they are located.

The facility that has benefited the most has been a for-profit private school in New York that’s now under scrutiny by disability rights groups. A ProPublica investigation uncovered reports of abuse, neglect and staffing shortages at Shrub Oak International School as it tries to serve a population of students with autism and other complex behavioral and medical issues. Shrub Oak has never sought or obtained approval from New York to operate a school for students with disabilities, which means it gets no oversight from the state.

The ProPublica investigation further found that some districts in Illinois have abdicated their own responsibility to monitor students’ education and welfare. Unlike some other states, Illinois law doesn’t require districts to visit the out-of-state facilities that students from Illinois attend, and some districts have never visited Shrub Oak. Records and interviews also show that districts in Illinois and other states have not always held Shrub Oak accountable for notifying them when students are injured or physically restrained, even though a provision in some contracts requires that the school let districts know.

Sixteen Illinois students have enrolled at Shrub Oak this school year, more than at any of the other 24 unapproved residential schools that Illinois students are attending. With the school charging $573,200 per student for tuition and a dedicated aide for most of the day — one of the highest price tags in the country — Illinois districts are on track to pay Shrub Oak more than $8 million this year. The state reimburses districts for most of the cost.

More of Shrub Oak’s out-of-state students come from Illinois than from any other state.

One Illinois school district official who lobbied his legislator to fund more residential schools said he now is second-guessing that work.

“I felt good at the end of this that we were able to help pass a law that had a profound impact,” said Sean Carney, assistant superintendent for business at Stevenson High School, north of Chicago. “But I’ll be honest, knowing that this particular state, New York, doesn’t really have oversight of the facility, it kind of squashes my enthusiasm for the efforts I went through to make change.”

In written responses to questions from ProPublica earlier this year, Richard Bamberger, a communications specialist hired by Shrub Oak, said the school accepts high-needs students from across the country who struggle with self injury, aggression and property destruction. He said the tuition rates are reasonable, especially given all the services it provides.

Bamberger also said the school plans to seek approval in New York, though the New York State Education Department and other state agencies say Shrub Oak has not filed applications with them. Shrub Oak has no plans to seek approval from other states that send students there, Bamberger said.

Shrub Oak this week declined to answer additional questions from ProPublica specifically related to this story. Bamberger said ProPublica had not included enough of Shrub Oak’s perspective in the previous story, and said the news organization “has no intention of being fair and balanced with this article.”

“We proudly stand by our staff, passionately care for our students, and value the input and collaboration with both our parents and school districts,” he wrote. The school also posted a message online responding to the previous article and saying Shrub Oak is a “safe, supportive educational placement opportunity.”

The farm on the Shrub Oak campus includes donkeys, pigs and goats. (Liz Moughon/ProPublica)

Many Illinois parents specifically requested their children be placed at Shrub Oak, and some took legal action to force districts to pay the tuition. Families, in Illinois and elsewhere, have described their desperation to find a school for children who had been rejected from or kicked out of other schools. They shared their relief that Shrub Oak would take their kids and that the state and school districts, legally obligated to educate all students, would pay the costs.

But in Illinois, unapproved schools like Shrub Oak don’t get the same scrutiny as schools the state approves both inside and outside its borders. For example, unlike in other states, Illinois law doesn’t require the schools to disclose to the state when students are physically restrained. They aren’t subject to financial audits. And they can set their own tuition, unlike approved schools that have to negotiate with the state.

To get state funding for unapproved schools under the 2022 law, districts in Illinois must make some basic assurances to the Illinois State Board of Education. They have to certify that there were no other suitable schools for the student. They also must show “satisfactory proof” that teachers at the unapproved school are appropriately certified. Districts must guarantee that the program can meet a student’s educational needs and provide services such as behavioral support and speech therapy. ISBE also requires superintendents to sign a form that says the district won’t hold the agency liable for “any safety and health concerns” that arise.

“The school district assumes all responsibility for the student,” said Jackie Matthews, an ISBE spokesperson.

Districts, for the most part, have not dug deep into Shrub Oak’s assurances, records show. For instance, they have sent the state board of education boilerplate language from Shrub Oak that said teachers had certification or were on a path to get it.

Community Unit School District 300, northwest of Chicago, has had a student at Shrub Oak since 2022, but its employees have never been there. According to his father, the student has been restrained by Shrub Oak workers on many occasions, and his father is aware of that and OK with it. It was only this week, however, that the district got its first notice that the student had been restrained, a district spokesperson said.

The spokesperson also confirmed that the district has never checked the credentials of Shrub Oak employees who work with its student. The spokesperson erroneously suggested that such checks are conducted at the state level, saying that ISBE reviews Shrub Oak staff credentials, which it does not.

When districts have tried to get more complete information from Shrub Oak, such as the names or credentials of employees who would be working with the students, some have struggled to get answers. Woodstock Community Unit District 200, outside of Chicago, asked Shrub Oak for staffing details after receiving questions from ProPublica, but the district said it never got them.

The district has “requested information from Shrub Oak on more than one occasion that it never received,” an attorney for the district told ProPublica.

Lincoln-Way Community High School District 210 in suburban Chicago got state approval to send one student to Shrub Oak in 2022, after telling ISBE that the student’s teacher would be certified and licensed, as required. About eight months later, after visiting Shrub Oak, district officials told the state that Shrub Oak had misled them about the teacher’s certification.

During that visit, district officials identified other concerns, including that “the curriculum is not age appropriate,” the district’s special education director wrote to a state official in March 2023. They questioned whether the student was learning, found he rarely left his bedroom after school hours or on weekends, and noted that his bedroom and bathroom “did not smell clean,” according to district records of the visit.

A portion of the notes taken by Lincoln-Way 210 district officials summarizing their observations from a visit to Shrub Oak in January 2022. (Obtained by ProPublica)

After district officials visited again last September and December, they noted in records from those visits that “all was good” and the student “appears to have made progress.”

District Superintendent Scott Tingley wouldn’t say whether he thought Shrub Oak was providing an appropriate education or experience for the student. He lamented the lack of options in Illinois and said parents have asked districts to pay for their children to go to Shrub Oak. Some have taken legal action.

“These aren’t districts that are going out and saying, ‘Here is an option,’” Tingley said. “We wish there were more facilities readily available in the state of Illinois.”

Officials from Chicago Public Schools, which has had three students at Shrub Oak, visited the campus for the first time in December even though, by then, Chicago students had been at the school for more than two years.

The trip came after a Chicago student allegedly was abused by a Shrub Oak worker this past fall. The district learned about the alleged abuse months later from the student’s mother and not from Shrub Oak, which was supposed to report such incidents.

Chicago Public Schools reminded Shrub Oak in September and again in January that it must notify the district after a student is physically restrained by staff, injured or a victim of suspected abuse or neglect.

“This violation of the terms of our agreement is concerning and requires immediate attention,” CPS wrote to Shrub Oak in January about the failures to notify the district.

The contract also requires Shrub Oak to notify the Illinois Department of Children and Family Services of any suspected child abuse or neglect, but the agency has no record of any contact from the school. Shrub Oak told ProPublica that if it failed to notify DCFS, “this was an oversight.”

Chicago school officials said in a written response that they work “to ensure these facilities meet a comprehensive set of criteria and standards.”

The mother of the Chicago student said if she’d had more information, she would have withdrawn her daughter from the school sooner. “That would have made a world of difference. And my child suffered because of it,” the mother said.

Illinois’ scant oversight of unapproved schools troubles Betsy Crosswhite, a Chicago area mother whose son was one of the first Illinois students to enroll at Shrub Oak.

“They are not accountable to anybody. That’s concerning for sure. You have students there who can’t advocate for themselves,” said Crosswhite, whose 17-year-old son went to Shrub Oak for 14 months in 2022 and 2023. She said he had a good experience during the school day but that there wasn’t enough staff during the nights and weekends. He transferred to another school.

She said Illinois education officials should be required to regularly visit the residential schools and examine staffing levels and other operations to protect both students and taxpayer dollars.

Peter Jaswilko’s son, Kyle, was 16 years old when he enrolled at Shrub Oak in early 2022 after months of turmoil. Kyle’s behavior was so aggressive that he spent months, on and off, in a hospital emergency room to keep himself and his family safe. He had been rejected from schools and other facilities. Jaswilko said students like Kyle should have more access to schools like Shrub Oak.

“Illinois is not good at having a lot of resources,” he said. “You can’t imagine what we had to go through knowing there was nothing.”

He is grateful the Illinois law change made Shrub Oak an option, and he said the school has given him hope and his son is thriving.

“I believe they not only saved our lives but are giving our son a chance at a future,” Jaswilko said of Shrub Oak. “When people ask about Kyle, I always say: ‘He’s safe. We are safe.’”

Other states, each with their own oversight rules, also have grappled with monitoring from afar.

Massachusetts acknowledged to ProPublica that it signed off on Shrub Oak as an option for its students two years ago in violation of its own requirements. The state allowed public money to pay students’ tuition there, not realizing that New York has a school approval process — and that Shrub Oak had not sought that approval.

The Massachusetts education department discovered the error last fall and gave the seven districts with publicly funded students at Shrub Oak until July to find other placements for them.

Until recently, the Massachusetts education department also failed to hold Shrub Oak accountable for following a state law that requires all public and private schools to tell the state when students are physically restrained. The department then makes the data public.

The department recently asked Shrub Oak to submit the data so it could “enhance its monitoring” of students there, a department spokesperson said.

Uxbridge Public Schools, southwest of Boston, learned from the mother of a student named Matthew — not from Shrub Oak employees — that the student had unexplained bruises, according to records and interviews. When the district asked Shrub Oak to send details of all incidents, a Shrub Oak official responded, incorrectly, that it did not need to.

“Your contract with us does not state that we are required to send you incident reports,” Lauren Koffler, a member of the family that operates the school, wrote in an email in January 2023, about three months after the student enrolled.

“It was stressful,” Matthew’s mother said. “I felt like we were helpless because the district couldn’t get them to comply.”

Through its spokesperson, Shrub Oak said it “works diligently to ensure it is adhering to individual contracts.”

Matthew left Shrub Oak in October. Uxbridge Superintendent Mike Baldassarre said: “We moved as quickly as we possibly could as soon as we understood there was stuff going on over there.”

Help ProPublica Report on Education

by Jodi S. Cohen and Jennifer Smith Richards

Have You Experienced Homelessness? Do You Work With People Who Have? Tell Us About Encampment Removals.

6 months 1 week ago

We are reporters at ProPublica, a nonprofit news organization. We write stories that hold powerful institutions accountable. This year, we’re investigating what happens when local agencies take belongings from people experiencing homelessness during sweeps. (Cities use terms like “abatements” and “cleanings” to describe this practice, but dozens of people who have experience with this issue said the practice is commonly described as sweeps.)

Across the country in recent years, cities have been conducting these more often. We’ve spoken to people who have lost valuable possessions, like notes from loved ones, tents and IDs. Sweeps can make it harder to stay on medications and send more people to the hospital.

To get this story right, we need to hear from:

  • People who have personal experience with having a belonging taken during a sweep.
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Filling out the form below will help us get back to you quickly. But we know filling out forms isn’t for everyone. We want to make it as easy as possible for you to get in touch. You can also reach us by:

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by Asia Fields, Maya Miller, Nicole Santa Cruz and Ruth Talbot

Albuquerque Is Throwing Out the Belongings of Homeless People, Violating City Policy

6 months 1 week ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up for Dispatches, a newsletter that spotlights wrongdoing around the country, to receive our stories in your inbox every week.

Update, May 17, 2024: An Albuquerque judge on Friday vacated his injunction ordering the city to stop destroying the property of unhoused people, saying although it's clear the city was doing so, the court faced "considerable challenges" in remedying the matter. Read the order.

On a recent morning, Christian Smith ran an errand, leaving a shopping cart carrying everything she owned near the Albuquerque, New Mexico, underpass where she’d been sleeping.

When she returned, the cart was nowhere to be found.

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Most of the belongings, such as clothing, makeup and blankets, could be replaced in time. But she panicked when she realized that her dentures, acquired after months of dental appointments, were also gone. Without them, Smith believed, it would be more difficult to find a job, prolonging her time sleeping on the street.

“It’s hard to eat, it’s hard to talk — I sound like a little kid,” said the 42-year-old native New Mexican. “It’s embarrassing.”

The dentures and the rest of Smith’s belongings had been thrown away by city workers as part of an aggressive effort to rid Albuquerque of homeless encampments.

Christian Smith, in a handwritten response to a prompt from ProPublica, described the loss of her dentures, amid Albuquerque’s effort to get rid of homeless encampments. Also depicted is the lost denture case. (Illustrations by Matt Rota for ProPublica. Handwritten card by Christian Smith.)

As housing costs soar across the country, even once-affordable cities such as Albuquerque have experienced unprecedented rent increases and severe shortages of affordable housing. The number of homeless people has risen to record levels, and Albuquerque, with a population of about a half million, is no exception. Last year, a survey found the highest number of homeless people in recent years.

Tents, makeshift structures and shopping carts have sprung up in parks, arroyos, ditches and empty lots and on sidewalks. The city has deployed workers from multiple departments to remove them. In 2023, crews visited more than 4,500 locations where people were camping, more than double the number from the previous year, according to data obtained from the Solid Waste Management Department. The city is on pace to clear nearly 6,000 encampment locations this year, according to the data. Over three years, the effort has cost the department nearly $1 million in labor and equipment, according to records.

Albuquerque has escalated this work in spite of a court order prohibiting it from destroying the possessions of people who live outside without providing an option to store them. In doing so, the city also has violated its own policies, including that personal property should be preserved even when the owner isn’t present. The city operates a facility to store property removed from encampments, but ProPublica found it is rarely used.

As a result, thousands of homeless people have lost personal property, according to interviews with community advocates, service providers and those who have had their possessions discarded.

Some said their belongings had been taken by city crews multiple times. They described losing medication, birth certificates, identification cards, cellphones, chargers, carpentry tools, clothing, a car title, a dog kennel, treasured family photos and the ashes of loved ones. Nearly all of them said the city had thrown away their survival gear, such as blankets, sleeping bags and tents, even during cold weather and snowstorms.

“It’s the equivalent of having your house burned down multiple times a year — just over and over again, you’re losing everything and starting from scratch each time,” said Alexandra Paisano, the coordinated entry director at the New Mexico Coalition to End Homelessness, which assists communities with solutions to homelessness. “I don’t think people always see it that way, which is unfortunate because if I went home to find just an empty lot and my house was completely burned down ... that’s devastating.”

People who are living unsheltered told ProPublica that the city’s campaign has made them afraid to leave their belongings to run errands, harmed their mental health and made it harder to find housing and jobs and access services.

The Solid Waste Management Department and Mayor Tim Keller did not respond to questions from ProPublica about the city’s actions. In a written statement, a spokesperson said Albuquerque is “actively investing in programs and resources that get at the root causes of homelessness and provide sustainable solutions.”

“We will keep supporting and expanding these programs as part of our ongoing efforts to help people experiencing homelessness, while continuing the essential work of keeping our city clean and accessible for all of our families,” a spokesperson for the mayor said.

The Solid Waste Management Department said it provides notice before removing an encampment, works to help people move their personal items and recommends resources for them.

The department’s employees recently discarded Leandra Holt’s cold-weather sleeping bag, clothing, camping toilet, identification card application and cellphone. She said the loss makes it hard to focus on anything but guarding her belongings.

“I live in a constant state of fear of losing something,” she said.

“Hammer the Unhoused”

The city has for years dismantled encampments, but it escalated those efforts as residents complained about the increase in people living outdoors near businesses and homes.

In August 2022, the city closed Coronado Park in northwest Albuquerque, where more than 100 people had been sleeping, saying it was a “hotbed for narcotic usage, trafficking and organized crime.” A text exchange between Keller and police Chief Harold Medina, which was first reported by City Desk ABQ, reflected the city’s aggressive approach. In the texts, the city leaders discuss their plan to “hammer the unhoused.”

In his State of the City address last May, Keller said “tent cities” will not be tolerated. Albuquerque “cannot allow large encampments to grow unchecked. They become hot spots for illegal activity, hazards to public health and safety for our community,” he said. “These are the steps we must take to keep everyone safe but also so that everyone can feel safe.”

Keller’s comments came as the number of people experiencing homelessness reached the highest point in recent years. A federally mandated count found that Albuquerque had 2,394 people experiencing homelessness in 2023. (The survey is considered to be an undercount.)

ProPublica interviewed more than two dozen people who in recent months lost property to the city’s efforts to clear encampments. They gave similar accounts: Blue sanitation trucks roam the streets searching for occupied encampments. They are joined by sanitation workers, police officers and sometimes outreach workers. When they come upon an encampment, they order the people to move their belongings or have them thrown away. Some of the people who were interviewed said they were given notice of an encampment removal, but none said they were offered a place to store their property or other resources.

City policy instructs workers to give notice before removing personal items; to try to find people whose possessions have been left unattended; and to offer to connect them to services. If they cannot find the individual, the city is supposed to store property for 90 days.

Records from November 2023 through mid-May show Albuquerque stored the property of only 80 people. Just 11 retrieved their possessions, according to data obtained through a public records request.

On a recent afternoon, Gabriel Rodriguez left a black duffel bag outside an Albuquerque shelter while he grabbed lunch. It contained a sleeping bag and clothing, as well as handwritten letters from his grandmother, who has since died.

Gabriel Rodriguez described the loss of letters from his grandmother. (Illustrations by Matt Rota for ProPublica. Handwritten card by Gabriel Rodriguez.)

When Rodriguez returned, it was gone and city workers said it had already been hauled away. Rodriguez said he had carried the letters from his grandmother as a reminder that even when he was going through a rough period, she had continued to check up on him.

“Everyone else in my life had forgotten about me,” he said.

“A Right Against Unreasonable Seizures”

Soon after the city closed Coronado Park in August 2022, the American Civil Liberties Union, joined by the New Mexico Center on Law and Poverty and two private law firms, filed a lawsuit on behalf of several homeless people, alleging the encampment clearings and confiscation of personal property amounted to cruel and unusual punishment and deprivation of property rights.

The lawsuit hasn’t been scheduled for trial, pending the outcome of a U.S. Supreme Court case that deals with some of the same legal questions. In City of Grants Pass v. Johnson, justices will decide how far cities can go in criminalizing camping on public property. Albuquerque and other cities have filed briefs arguing their ability to address homelessness is limited by case law that prohibits citing or arresting a person for sleeping outside unless they have access to shelter.

Lawsuits nationwide have argued that the destruction of property in encampments violates the U.S. Constitution’s Fourth Amendment, which prohibits unreasonable seizures. In Los Angeles, a lawsuit decided in 2012 forced the city to stop destroying unattended property in the Skid Row area.

In the Albuquerque lawsuit, attorneys asked for an emergency injunction to stop the city from citing people for sleeping outdoors and destroying their belongings, referencing statements from people claiming the crews routinely discarded their possessions.

District Judge Joshua Allison granted the injunction request. He wrote in an order that went into effect Nov. 1 that the city “cannot punish the mere presence of homeless people and their belongings in outdoor public spaces when there are inadequate indoor spaces for them to be,” a legal precedent that is being challenged in the pending Supreme Court case. Allison also noted the unequal treatment of homeless people, comparing the city’s hasty seizure of their belongings to its careful handling of vehicles that have been abandoned on public property.

“Homeless people, just like people with homes, have a right against unreasonable seizures of their unabandoned property, even if that property is left in outdoor public spaces,” Allison wrote.

The city appealed to the state Supreme Court, arguing that the injunction “strips the City of the prerogative to enforce its laws and perform the basic functions for which city government exists.” The city also stated that its encampment team tries to find the owners of unattended property, but if city workers are unsuccessful they can deem it abandoned and destroy the items. The case and the appeal are still pending.

City Attorney Lauren Keefe said that Albuquerque is not violating the injunction, which has been modified several times. “We make extraordinary efforts to provide notice, we make extraordinary efforts to offer shelter,” Keefe said. “But when we provide a notice, and we come back and there’s no person there, we don’t have the ability to store everything that’s in an encampment.”

In a March 1 order modifying the injunction, Allison wrote that the city’s encampment policy is “not very straightforward” and “leaves much to the discretion of the City representatives who are enforcing it.”

Since the injunction took effect, the city has accelerated its pace of clearing encampments.

Christine Barber, the executive director of AsUR, an organization that serves women living on the street, said that during a recent outreach, when the city was dusted with snow and overnight temperatures dipped into the low 30s, people didn’t have tents. They bundled in blankets or slept huddled together to try to stay warm. Several people showed signs of frostbite.

“How does that not cause desperation? How does that not cause immense suffering?” Barber asked.

Video shows a city crew throwing away a tent and other belongings from an encampment in Albuquerque’s International District. (Nicole Santa Cruz/ProPublica)

Watch video ➜

In video captured by a ProPublica reporter in February, crews made no attempt to find the owners of belongings as they cleared an encampment in the International District, a neighborhood along Route 66 with one of the highest homeless populations in Albuquerque.

At a recent Albuquerque City Council meeting, Nichole Rogers, the council member who represents the International District, said she had witnessed an encampment “operation” in the area. She said she had stopped and asked the people if they had been given notice of the clearing or offered shelter or storage for their possessions. She said they told her no.

“I understand we have to move folks for safety and they can’t be on the sidewalks, I get that … but we aren’t doing what we say we’re going to do,” Rogers said. “I’m at a loss of how we just continue to disregard civil rights,” she said, adding that the city can “do better.”

Prolonging the Time People Spend on the Streets

People experiencing homelessness and their advocates told ProPublica that by routinely discarding belongings, Albuquerque is prolonging the time people spend living outdoors and making its encampment problem worse.

The encampment removals further destabilize people’s lives, making it harder to keep appointments for services, which include housing and medical care. If people have had their belongings thrown away repeatedly, the disruptions can cause a sense of hopelessness.

Losing possessions and relocating can take “days, weeks and sometimes months” to recover from, said Jamie Chang, an associate professor with the University of California, Berkeley, who has researched the impacts of encampment removals on unhoused people. “And sometimes you don’t recover. Sometimes folks lose their ID and they decide never to get ID again.”

On a recent Wednesday morning, Margarita Griego walked from where she’d set up her tent on a sidewalk in southeast Albuquerque to get food for her dog, Safari. When she returned, her belongings were gone, including the tent, a new cellphone and a cold-weather sleeping bag that a good Samaritan had recently gifted her. Inside her tent was a backpack containing important documents, including her Social Security card and identification.

Margarita Griego tallied the belongings she lost during an encampment clearing. (Illustrations by Matt Rota for ProPublica. Handwritten card by Margarita Griego.)

“All the paperwork I need for every day,” Griego said. “I can’t go get an ID without my Social Security card; I can’t get a Social Security card without an ID.”

It was a “setback,” she said, and the third time the city had thrown away her belongings. Money that could have been saved for an apartment deposit would now go to a new tent and blankets and replacement IDs.

“Now while I’m still in the streets I have to go and get everything again,” she said.

Have You Experienced Homelessness? Do You Work With People Who Have? Tell Us About Encampment Removals.

Ruth Talbot contributed reporting.

by Nicole Santa Cruz

Help ProPublica and The Texas Tribune Report on School Board and Bond Elections in Your Community

6 months 1 week ago

ProPublica and the Texas Tribune are committed to telling overlooked stories about public schools. This election season, we want to understand the effects of heated political races on the people living, learning and teaching in districts across the state.

To see the full picture, we need to hear from people from across the political spectrum with a vested interest in public schools. You can help us identify important stories and ask the right questions as we report. Fill out the form below to join our source network. We also welcome specific tips, campaign finance reports and political mailers related to school district elections.

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by Jessica Priest, Jeremy Schwartz, Lexi Churchill and Dan Keemahill

Former Far-Right Hard-Liner Says Billionaires Are Using School Board Races to Sow Distrust in Public Education

6 months 1 week ago

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This article is co-published with The Texas Tribune, a nonprofit, nonpartisan local newsroom that informs and engages with Texans. Sign up for The Brief Weekly to get up to speed on their essential coverage of Texas issues

When Courtney Gore ran for a seat on her local school board in 2021, she warned about a movement to indoctrinate children with “leftist” ideology. After 2 1/2 years on the board, Gore said she believes a much different scheme is unfolding: an effort by wealthy conservative donors to undermine public education in Texas and install a voucher system in which public money flows to private and religious schools.

Gore points to West Texas billionaires Tim Dunn and brothers Farris and Dan Wilks, who have contributed to various political action committees that have poured millions into legislative candidates who have promoted vouchers. The men also fund or serve on the boards of a host of public policy and advocacy organizations that have led the fight for vouchers in Texas.

In recent years, the largesse from Dunn and the Wilks brothers has reached local communities across Texas, including Granbury, near Fort Worth, where fights over library books, curriculum and vouchers have dominated the community conversation.

Gore said that she believes school board candidates are being recruited, at times without their full knowledge, in an effort “to cause as much disruption and chaos as possible” and weaken community faith in local school districts.

In 2021, two local men — former state representative Mike Lang and political consultant Nate Criswell — asked Gore to run for school board. At the time, the three were co-hosts of a web-based talk show that targeted local officials they believed were insufficiently conservative and were straying from GOP platform positions. They took frequent aim at the Granbury school district, which they alleged was allowing explicit sexual content into school libraries and teaching divisive ideas about race.

Gore broke from the group shortly after taking office in January 2022, when she concluded that the materials she had warned about on the campaign trail were not present in Granbury schools. She claims the men and other leaders of the far-right faction in Hood County, home to Granbury, dismissed her findings. They continued to pummel the district over books and curriculum, supported school board candidates who sought to remove a growing number of titles from library shelves, and worked to derail three bond elections that would have funded new and renovated buildings for the overcrowded district.

That’s when Gore said she began to piece together connections that hadn’t been previously apparent to her.

Lang, a Republican who represented Hood County in the state Legislature for four years, received more than $600,000 in campaign contributions — more than half his total — from direct donations from or PACs funded by the Wilks brothers and Dunn. On the campaign trail, Lang supported providing public money for private schools and, in 2017, voted against a House measure that prohibited funding for school vouchers. He did not respond to requests for comment.

In addition, in January 2022, Criswell’s political consulting company received $3,000 from Defend Texas Liberty, one of the PACs funded by the Wilks family and Dunn. The PAC donated another $3,000 to Criswell this year when he unsuccessfully ran for Hood County commissioner.

Criswell declined to answer specific questions but said he has closed his consulting firm, Criswell Strategies, and has “stepped away from the local political scene, aside from occasionally sharing posts on social media.”

According to her campaign finance reports, Gore did not receive any money from the men. But another school board candidate, her then-ally Melanie Graft, received a $100 in-kind contribution from Defend Texas Liberty for advertising expenses. Graft did not respond to written questions or requests for comment.

“I was knee-deep in it,” Gore said about the local connections to the billionaires. “I guess I was just too naive. I should have known better.”

Neither Dunn nor a representative of the Wilks family responded to questions. Dunn recently penned an opinion piece in the Midland Reporter-Telegram arguing that he was not the leader of the statewide push for vouchers and has never made public statements on the topic.

Nearly two decades ago, however, Dunn argued in favor of a voucher-like program, saying that the Texas Public Policy Foundation, a conservative think tank on whose board he has served for more than 20 years, supported such an idea “as long-time advocates of eliminating the government monopoly in public education.” In March, Texas Gov. Greg Abbott, who is among the state’s fiercest advocates for directing public education funds to private schools, credited the organization’s longtime advocacy with bringing the state to the “threshold” of a voucher-like program.

Dunn is also the founder of Midland Classical Academy, a private school that offers its approximately 600 K-12 students a “Classical Education from a Biblical Worldview,” according to its website. The school believes in interpreting the Bible in its literal sense, which it takes to mean that marriage can only be between a man and a woman and that there are only two genders.

Zachary Maxwell, Lang’s former chief of staff who later worked for Empower Texans, a pro-voucher public policy organization whose associated PAC was largely funded by Dunn and the Wilks brothers, would not speak about his time there, citing a nondisclosure agreement he signed when he left the organization.

Maxwell, however, said he has become disenchanted by Dunn and the Wilks family’s efforts to exert control over the state’s politics. He said Hood County hard-liners, some of whom have close ties to PACs funded by Dunn and the Wilks brothers, were trying to use Gore and Graft to drive a wedge between rural residents and their school district in an effort to build support for vouchers. The women’s presence on the school board enhanced the legitimacy of the group’s claims about pornography in libraries and Marxist indoctrination, Maxwell said.

“It’s all about destroying the trust with the citizens to the point where they would tolerate something like doing away with public schools,” he said in an interview.

Over the past two years, Abbott has teamed up with the Texas Public Policy Foundation, embarking on a tour of Texas towns to promote vouchers. Following the narrow defeat of voucher legislation in November in the Texas House of Representatives, the Republican governor campaigned to unseat lawmakers in his party who opposed such legislation. He successfully ousted five of them.

One of the Republicans who lost in the primary was Glenn Rogers, whose rural district sits just north of Hood County and whom Abbott endorsed in 2020. This time around, Abbott gave $200,000 in campaign support to Rogers’ pro-voucher opponent. Dunn and the WiIlks brothers donated another $100,000.

Rogers, who represented Hood County until 2021, when lawmakers changed the boundaries of his district, said he believes privatizing public education is at the core of Dunn and the Wilks brothers’ political efforts in Hood County and across the state.

“Whether it’s at the school board level or it’s what’s happening in the Texas Legislature right now, that’s their end goal,” he said.

Help ProPublica and The Texas Tribune Report on School Board and Bond Elections in Your Community

Dan Keemahill contributed reporting.

by Jeremy Schwartz

She Campaigned for a Texas School Board Seat as a GOP Hard-Liner. Now She’s Rejecting Her Party’s Extremism.

6 months 1 week ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

This article is co-published with The Texas Tribune, a nonprofit, nonpartisan local newsroom that informs and engages with Texans. Sign up for The Brief Weekly to get up to speed on their essential coverage of Texas issues.

Weeks after winning a school board seat in her deeply red Texas county, Courtney Gore immersed herself in the district’s curriculum, spending her nights and weekends poring over hundreds of pages of lesson plans that she had fanned out on the coffee table in her living room and even across her bed. She was searching for evidence of the sweeping national movement she had warned on the campaign trail was indoctrinating schoolchildren.

Gore, the co-host of a far-right online talk show, had promised that she would be a strong Republican voice on the nonpartisan school board. Citing “small town, conservative Christian values,” she pledged to inspect educational materials for inappropriate messages about sexuality and race and remove them from every campus in the 7,700-student Granbury Independent School District, an hour southwest of Fort Worth. “Over the years our American Education System has been hijacked by Leftists looking to indoctrinate our kids into the ‘progressive’ way of thinking, and yes, they’ve tried to do this in Granbury ISD,” she wrote in a September 2021 Facebook post, two months before the election. “I cannot sit by and watch their twisted worldview infiltrate Granbury ISD.”

But after taking office and examining hundreds of pages of curriculum, Gore was shocked by what she found — and didn’t find.

The pervasive indoctrination she had railed against simply did not exist. Children were not being sexualized, and she could find no examples of critical race theory, an advanced academic concept that examines systemic racism. She’d examined curriculum related to social-emotional learning, which has come under attack by Christian conservatives who say it encourages children to question gender roles and prioritizes feelings over biblical teachings. Instead, Gore found the materials taught children “how to be a good friend, a good human.”

Gore rushed to share the news with the hard-liners who had encouraged her to run for the seat. She expected them to be as relieved and excited as she had been. But she said they were indifferent, even dismissive, because “it didn’t fit the narrative that they were trying to push.”

So, in the spring of 2022, Gore went public with a series of Facebook posts. She told residents that her backers were using divisive rhetoric to manipulate the community’s emotions. They were interested not in improving public education but rather in sowing distrust, Gore said.

“I’m over the political agenda, hypocrisy bs,” Gore wrote. “I took part in it myself. I refuse to participate in it any longer. It’s not serving our party. We have to do better.”

After Gore reviewed hundreds of pages of the school curriculum, she was shocked that the pervasive indoctrination she had railed against as a candidate did not exist. She has since helped form a group that supports Republican candidates who have been alienated by the local GOP’s far-right faction. (Shelby Tauber for ProPublica and The Texas Tribune)

Gore’s open defiance of far-right GOP orthodoxy represents an unusual sign of independence in a state and in a party that experts say increasingly punish those deemed disloyal. It particularly stands out at a time when Republican leaders are publicly attacking elected officials who do not support direct funding to private schools.

“It’s a rare event to see this kind of political leap, especially in a world that’s so polarized,” said University of Houston political scientist Brandon Rottinghaus. “You rarely see these kinds of changes because the people who are vetted to run tend to be true believers. They tend not to be people who are necessarily thinking about the holistic problem.”

“With the presence of Donald Trump, fealty to cause has amplified, so this kind of action is much more meaningful and much more visible than it was a decade ago,” Rottinghaus said about Gore.

In March, Texas Gov. Greg Abbott, a Republican, was victorious in unseating five lawmakers in his own party and forcing another three into runoff elections after they voted against voucher legislation that would allow the use of public dollars for students to attend private and religious schools. His efforts sent a message that those who did not unflinchingly support his priorities would face grave political repercussions.

Gore was part of a similar movement of hard-liners who pushed out the Republican Hood County elections administrator in 2021 after determining that she was not conservative enough for the nonpartisan position. Now Gore and other disillusioned local Republicans have formed a group pushing against an “ultra-right” faction of the party that it says has become obsessed with “administering purity tests” and stoking divisive politics.

The former teacher and mother of four was influenced by such politics when she decided to run for office. She was motivated to seek a school board seat after a steady stream of reports from the right-wing media she consumed and her social media feeds pointed to what she saw as inappropriate teachings in public schools. She, too, had been outraged by school mask mandates and vaccine requirements during the throes of the COVID-19 pandemic.

But Gore said she feels that she was unwittingly part of a statewide effort to weaken local support of public schools and lay the groundwork for a voucher system.

And she said that unless she and others sound the alarm, residents won’t realize what is happening until it is too late.

“I feel like if I don’t speak out, then I’m complicit,” Gore said. “I refuse to be complicit in something that’s going to hurt children.”

Because of that outspokenness, Gore is facing backlash from the same people who supported her race. She has been threatened at raucous school board meetings and shunned by people she once considered friends.

School marshals escort her and her fellow board members to their cars to ensure no one accosts them.

Gore has faced backlash and threats since speaking out against the people who supported her school board race. School marshals now escort her and other board members to their cars after meetings. (Shelby Tauber for ProPublica and The Texas Tribune)

When things get particularly heated, a fellow trustee follows her in his car to make sure she gets home safely.

“None of It Was Adding Up”

Before Gore decided to seek office for the first time, prominent GOP operatives had been pushing for like-minded allies to take over school boards, framing the effort as necessary to maintain conservative Christian values.

In May 2021, former Trump adviser Steve Bannon told followers on his podcast that school boards were the road back to power for conservatives following the 2020 presidential election. Two months later, North Texas-based influential pastor Rafael Cruz, the father of U.S. Sen. Ted Cruz, amplified that message on social media, saying that getting candidates on school boards was critical.

“We need to make sure that strong, principled Americans, those who uphold our Judeo-Christian principles that have made America the greatest country in the world, are elected to school boards,” Rafael Cruz said in a July 2021 video posted to his Facebook page. “Because I’ll tell you the left is controlling the school boards in America.”

Those messages reached Granbury, where former Republican state Rep. Mike Lang and political consultant Nate Criswell asked Gore to run for the school board. Gore recalls hearing Cruz give a fiery speech while she was campaigning. In the speech, which reinforced her decision to run, she said Cruz boasted about flipping the school board in Southlake, Texas, by getting the churches involved in helping to install Christian candidates.

“When you put in the minds of parents that there is an agenda to indoctrinate their children … and the only answer is to get conservative Christian people elected to the school board,” Gore said, “it’s a very powerful message”

Gore, now 43, first became involved in local politics in 2016 when she campaigned door-to-door for Lang, a former constable who successfully ran for the Texas Legislature. She then served on a leadership committee for the Hood County GOP.

After Lang decided not to run for reelection in 2020, he asked Gore to join the “Blue Shark” show, a web-based program he founded and co-hosted with Criswell that produced videos taking aim at local politicians and officials considered insufficiently conservative. Criswell later ran campaigns for Gore and Melanie Graft, another school board candidate who previously tried to remove LGBTQ-themed books from the children’s section of the county library.

Soon after the women won their elections, the Granbury school district descended into a high-profile fight over school library books.

Administrators pulled 130 library books from the shelves after Matt Krause, a Republican representative from Fort Worth, published a list of 850 titles that he said touched on themes of sexual orientation and race. At the time, ProPublica, The Texas Tribune and NBC News obtained audio of the district’s superintendent, Jeremy Glenn, making clear to librarians that he had concerns about books with LGBTQ themes, including those that did not contain descriptions of sex. After the reporting, the Department of Education opened a civil rights investigation, which is ongoing, into whether the district violated federal laws that prohibit discrimination based on sexual orientation and gender.

A volunteer review committee of parents and district employees eventually recommended returning nearly all of the books to the shelves.

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Hard-liners wanted additional titles removed, claiming that the district was allowing “pornography,” without offering evidence to support the assertion. But Gore backed the committee’s findings, saying she was satisfied with the handful of books the district had removed for explicit content. Glenn, too, drew the ire of his onetime allies after he also supported the committee’s recommendation. Lang and Criswell have since called for his ouster. Glenn declined an interview request through a district spokesperson.

The book debate, along with a series of other fissures, contributed to Gore’s growing belief that her former colleagues were more interested in misleading residents than in improving educational outcomes.

In early 2022, leaders of the rapidly growing district announced plans to ask voters for $394 million in bonds to build a new high school and renovate existing campuses. School board members established a community advisory committee that would counsel the district.

Gore chose Criswell as her representative on the committee. She thought that once Criswell saw the district’s needs firsthand, he would support the bonds. But the opposite happened. Criswell urged voters to reject the measure, claiming some parts, such as providing full-day pre-K programs for all students, were “communist in nature.”

Gore said Criswell directed her and Graft, who did not respond to requests for comment, to post messages on social media against the bonds. When Gore pushed back, she said Criswell accused her of betraying the party. (The bonds ultimately lost by a wide margin.)

According to Gore, Criswell also pressured her to stop speaking with all of her fellow school board members, except for Graft. “They’re just lying to you. They’re not your friends,” she recalled him saying.

“I was like, how am I supposed to do my job as a board member if I’m not talking to anybody?” Gore said. “None of it was adding up.”

Criswell, who has previously said that he supports public schools, declined to answer detailed questions. Lang did not respond to requests to comment. In April 2022, Gore rescinded her nomination of Criswell to the bond advisory board. She felt that he and Lang were misleading voters about the bond and its cost to taxpayers.

“Mike Lang would call them snowballs,” she said. “You just get as many little snowballs as you can so you’re attacking from multiple fronts. And then you see which ones start to stick and gather speed and get bigger and bigger.”

In June 2022, Lang and Criswell directed one of their snowballs in Gore’s direction, taking a veiled shot at the former co-host of their show. In a video, Criswell praised Graft for continuing the fight to remove books from the school district’s libraries, saying she was “the only one that acts as the buffer right now on that board. Which is sad, because, you know, we’ve had other people elected in recent elections that just haven’t lived up to the expectations.”

Three days later, Gore fired back.

“I refuse to be someone’s puppet,” she wrote in a June 8 Facebook post. “I refuse to be told what to do, what to say or how to vote. I refuse to participate in any agenda that will dismantle or abolish public education.”

Once Gore was elected to the school board, she began to believe that her former allies were more interested in misleading residents than in improving educational outcomes. (Shelby Tauber for ProPublica and The Texas Tribune) “Extremism IS the Problem”

A week after that post, Gore watched the livestream of a Granbury school board meeting on her laptop from a hotel room along Mexico’s Caribbean coast while on an anniversary trip with her husband.

Emotions ran high as about a dozen residents complained that board members had not removed enough books from the library. Some argued that the school board was stifling dissent from Graft by requiring the consent of two board members to place an item on the agenda.

During the meeting, Cliff Criswell, the grandfather of Nate Criswell, took the microphone, carrying what police would later describe as a black handgun in a leather holster. He accused board members of allowing pornography in school libraries and of trying to “rip apart” Graft, whom he had previously described as “the only conservative on the board.”

“We have profile sheets” on all the trustees except for Graft, Cliff Criswell shouted. “We know what you do. We know where you live.”

Gore was shocked. Panicked, she started calling family members. “My grandmother was home with our children,” she recalled in an interview. “My brother came over and slept on my front porch to make sure nobody showed up at our house in the middle of the night. I mean, my kids were terrified after that.”

Later that night, Gore addressed the incident on Facebook.

“Tonight, threats were made against me, every board member (except one) and our superintendent. We were individually called out by name, told we had profile sheets made on each of us and that we would be dealt with accordingly. THIS IS NOT OK. I take threats against myself and my family seriously, especially with all of the violence in today’s world. Will we be dealing with school board shootings next?!? WE MUST DO BETTER!”

In response to a commenter’s message of support, Gore wrote, “extremism IS the problem.”

According to a Granbury police report, an off-duty officer spotted a black pistol in a holster in Cliff Criswell’s waistband and alerted school and city police. Possession of an unauthorized firearm at a school board meeting is a third-degree felony under state law, but because officers didn’t conclusively identify the weapon that night, and because Cliff Criswell declined to cooperate, prosecutors were unable to file charges, said Granbury police Deputy Chief Cliff Andrews. Cliff Criswell could not be reached for comment.

“Had we identified the gun at the very moment, yes, absolutely, we could have filed charges on it,” Andrews said. “We made a simple mistake.”

The incident forced the district to adopt tighter security measures, including clearly posting signs prohibiting firearms and bringing in additional officers during board meetings anytime administrators expect that certain topics could lead to heated exchanges.

“That was the moment I saw how crazy it was, how unhinged it had become and how far some people were willing to go to prove their points,” Gore said.

Gore installed “private property” signs on the gates surrounding her home after a school board meeting where Cliff Criswell, an angry resident, made threatening remarks against her and her fellow school board members. “We know what you do. We know where you live,” he had said. (Shelby Tauber for ProPublica and The Texas Tribune)

Yet rhetoric over the school district only ratcheted up in the ensuing months.

That fall, Hood County’s far-right leaders backed the school board candidacy of Karen Lowery, who in May 2022 was one of two women who filed a criminal complaint against district librarians claiming they were providing pornography to children. A Hood County constable has declined to answer questions about the status of the complaint.

Lowery, who had served on the committee that reviewed library books but opposed returning them to the shelves, also received a key endorsement from Rafael Cruz. She went on to win her election in November 2022.

Her victory helped resurface the district’s book battles as she pressed to remove more titles. Then, in August 2023, Lowery snuck into a high school library during a charity event and began inspecting books using the light of her cellphone, according to a district report.

School board members met to discuss censuring Lowery at an Aug. 23 public meeting for violating a policy that requires them to get permission from principals when entering a campus and for not being truthful when confronted by an administrator. Lowery claimed she had disclosed her visit to the library beforehand as required. She did not respond to calls or emails seeking comment. A district spokesperson said he was unable to pass along an interview request because Lowery has requested to only be contacted through her board email.

The board voted to censure Lowery, who opposed the symbolic measure along with Graft.

“It is clear that the actions Mrs. Lowery took, as evidenced by the community and the outcry that we have heard tonight, has broken some of that trust with our staff, parents and community members,” said Gore, who motioned to censure Lowery. “The only people that pay the price for this, no matter what happens tonight, are the kids of this district.”

Old Foe, New Friend

By November 2023, the battle lines over school vouchers were hardening in Granbury, and at the state Capitol in Austin.

Abbott had begun waging war against Republicans who had not supported voucher efforts and contributed to their failure during the last legislative session. One lawmaker who escaped Abbott’s wrath was Shelby Slawson, a Republican who represents Hood County. Unlike some of those now being targeted, Slawson had bucked a request spearheaded by Gore and supported by the school board majority that urged lawmakers to vote against a measure that would send public dollars to private schools. Slawson did not respond to questions regarding her decision to vote in favor of vouchers despite the local school district’s opposition to the legislation.

Meanwhile, Granbury was facing a tough election. The school district was asking voters to approve a $151 million bond measure to build a new elementary school in the rapidly growing and overcrowded district, as well as provide security updates and renovations to aging campuses. The balance of the school board was also at stake in the same election.

Bond opponents formed the Granbury Families political action committee. In advertising materials, the group cited library books as one of the principal reasons residents had lost trust in the board. “Our community has lost faith in the board’s ability to conduct business,” the group claimed. “Not another penny until GISD gets new leadership.”

Nate Criswell, Gore’s former co-host and campaign manager, loaned the PAC $1,750, according to campaign finance reports filed with the district. The loan constituted about 40% of the PAC’s funding ahead of the November election.

Although a majority of the state’s school districts with bond measures scored victories, Granbury’s tax measure failed once again. (Voters rejected another bond measure this month.) Hard-line conservatives celebrated the loss, pointing to anger over the library books issue.

But even as they celebrated, the November election delivered a setback to those who wanted to take over the school board. The two candidates supported by hard-line conservatives lost by wide margins, denying the county’s far-right faction the majority on the board. Among the winners in that election was Nancy Alana, the school board member whom Gore ousted two years earlier. This time around Gore endorsed Alana, and the two former opponents have since become friends and allies.

“She let everybody know that she had been misled and that she has seen for herself the good things that are happening in our school district,” Alana said. “That the school board can be trusted. That the administrators can be trusted. And she has spoken out on that. And that has made a big difference. And she is very well thought of in our community because of her willingness to step up and say, ‘I was wrong.’”

Help ProPublica and The Texas Tribune Report on School Board and Bond Elections in Your Community

by Jeremy Schwartz

Minnesota AG Sues Contract-for-Deed Seller Who Allegedly Targeted Muslim Community

6 months 1 week ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up for Dispatches, a newsletter that spotlights wrongdoing around the country, to receive our stories in your inbox every week.

Update, May 20, 2024: On Sunday, the Minnesota Legislature passed a bill to reform controversial contracts-for-deed real estate deals as a part of the Judiciary, Public Safety, and Corrections Supplemental Budget Bill. The measure includes greater protections for buyers and outlaws the sort of property churning that some brokers have been accused of engaging in. Gov. Tim Walz is expected to sign the bill this week.

The Minnesota attorney general’s office filed a lawsuit Tuesday against a home seller who allegedly targeted the East African Muslim community for real estate deals that authorities called “predatory and deceptive.”

The lawsuit alleges that Chadwick Banken and six of his limited liability corporations broke state and federal laws, including Minnesota’s laws against religious discrimination, by using transactions known as contracts-for-deed to sell homes at higher prices than warranted and on worse terms to Muslim buyers.

Attorney General Keith Ellison, a Democrat, said in an interview that while the complaint focuses on Banken, the case is intended to send a message to others engaged in similar practices.

“He’s not the only one, but he’s one of the worst that I’ve seen,” Ellison said. “When people can’t pay back, they’re out of their house, and they’re out of their money. I can’t think of anything more financially devastating to a family than that.”

Banken did not respond to requests for comment.

The lawsuit, filed in Hennepin County district court, follows a ProPublica and Sahan Journal investigation in 2022 that identified a rising market in Minnesota for contract-for-deed home sales, particularly in the Somali community. Many buyers in the East African Muslim community avoid paying or profiting from interest because of their religious principles, and investors have been offering them deals as an “interest free” way to purchase a house.

But buyers told the Sahan Journal and ProPublica that they signed contracts they didn’t understand and would not be able to pay off. The lawsuit said Banken used inflated home prices, abnormally high down payments and six-figure balloon payments due at the end of short contracts to push buyers into default and to ultimately retain ownership of the property.

The ProPublica-Sahan Journal story featured Abdinoor Igal, a long-haul trucker who bought a home from Banken in suburban Lakeville in 2022 and is described in the lawsuit as “purchaser 2.” Officials confirmed that Igal was purchaser 2, and Igal said he has spoken with the attorney general’s office several times.

Igal said he walked away from his house this past winter after making about $170,000 in payments. He slept in his truck for months after sending his wife and children to live in Kenya. He said the lawsuit was news he’d been waiting to hear.

“I’m really excited,” he said. “I can’t even believe how I’m feeling.”

Abdinoor Igal bought a home from Banken in 2022. (Dymanh Chhoun/Sahan Journal)

The attorney general’s actions follow a push at the state Legislature to rewrite Minnesota’s contract-for-deed law. The bill would outlaw the kind of property “churning” that Banken is accused of in the lawsuit, and it provides a number of new protections and ways to recoup losses from a contract-for-deed deal gone wrong. It is currently included in an omnibus bill awaiting final approval at the Legislature.

The lawsuit alleges that Banken has sold hundreds of homes in contracts-for-deed deals in the last six years. It also reveals new details about his practices. The name of one of Banken’s six limited liability corporations, Slow Flip LLC, is actually a useful term for the predatory practice, the lawsuit alleges: Buyers submit exorbitant down payments and agree to large monthly installments that they will eventually default on, and then Banken takes the home back and “flips” it to a new purchaser.

According to one email from Banken’s business to a real estate agent, the ideal buyers are described as people with “low credit scores” or a “recent bankruptcy/foreclosure.” Banken also allegedly insisted that buyers enter contracts using their business names to create the false impression in court that he was evicting commercial tenants rather than families from their primary residence. None of Banken’s contracts disclosed the true total cost of the homes or the balloon payments, both in violation of federal Truth In Lending Act requirements, according to the lawsuit.

The contracts, according to the lawsuit, contained monthly interest payments in excess of the market rate, and the down payment, monthly payments and total price of the home went up if the purchaser was Muslim. Ellison said this was particularly galling, given that Banken markets his business as helpful to a community that has been shut out of the traditional home purchasing market.

“He’s not helping,” Ellison said. “What he’s really helping himself to is their money that they probably have mopped floors and pushed brooms for. … He’s setting people up to fail. His conduct is predatory, deceptive. And we hope to bring a stop to it.”

Ellison said buyers should reach out to his office if they feel they’re in a predatory contract-for-deed and that there may be options for restitution in the future.

Igal said that while he is excited to hear that there may be consequences for Banken, defaults and evictions are ongoing, affecting some of his former neighbors. And he is still struggling to put his family’s lives back together.

“My kids, the smallest one, 4 years, she called me and asked me, ‘Daddy, when am I coming?’ And I told her I’m making some money, but I don’t know when,” he said. “It’s not something I can describe.”

by Jessica Lussenhop

Even When a Cop Is Killed With an Illegally Purchased Weapon, the Gun Store’s Name Is Kept Secret

6 months 1 week ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up for Dispatches, a newsletter that spotlights wrongdoing around the country, to receive our stories in your inbox every week.

Nearly three years have passed since the 2021 murder of Chicago police officer Ella French, and police and prosecutors have revealed much about her killing: the grim details of her final moments, the type of gun used to shoot her during a traffic stop and how that .22-caliber Glock made its way into the hands of the man who pulled the trigger.

But absent from the public discussion was the name of the retail shop where the gun used to kill French was purchased. Its disclosure has been hindered by a long-standing push by the gun industry to protect the identities of retailers that have sold guns used in crimes.

The law enforcement agencies that investigated her murder and prosecuted her killer could not or would not say. Those that tracked and prosecuted the man who bought the gun used to kill her have been just as silent.

ProPublica, however, has learned the name of the retailer. It’s Deb’s Gun Shop, an Indiana retailer just over the Illinois state border that has drawn attention from federal regulators because of the large number of its guns that have turned up in crime investigations. James Vanzant, an attorney for the man convicted on federal charges for buying that gun, revealed that detail in an interview.

Speaking through his attorney, Deb’s Gun Shop owner Ed Estack called French’s death a horrible tragedy but declined further comment.

A police officer holds a photograph of fellow officer Ella French in his hat at French’s funeral service in 2021. (Antonio Perez/Chicago Tribune/Tribune News Service via Getty Images)

Two decades ago, federal and local law enforcement routinely identified the source of guns used in crimes to members of the media or anyone else who inquired.

That changed in 2003 when Congress, bowing to pressure from the gun industry, approved legislation known as the Tiahrt amendment, named after a former Rep. Todd Tiahrt, R-Kan., a gun rights champion. The amendment bars police and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives from disclosing any information they uncover during gun-tracing investigations, including the names of retailers.

The move hobbled efforts by cities to study gun-trafficking patterns and ended what the gun industry has called a pattern of “name and shame,” in which retailers were thrust into the spotlight for selling guns later linked to crimes.

Gun safety advocates and researchers argue that Tiarht created a knowledge gap on a pressing public safety issue and allowed retailers to escape scrutiny. Such information, they say, can help the public determine whether the transactions that put guns in the hands of criminals are a rarity or part of a larger pattern.

The story of the gun used to kill French began in earnest in March 2021 at Deb’s, a small storefront off one of the main drags in Hammond, Indiana. Inside, Jamel Danzy picked out the Glock to purchase, then waited to pass his background check. On March 25, he returned and picked up the gun, prepared to deliver it to a friend.

He later admitted to ATF investigators that he’d bought the gun for Eric Morgan in violation of federal law. Danzy acknowledged that he knew Morgan was barred by federal law from buying a gun for himself due to a prior felony conviction. Morgan drove from Chicago to Danzy’s home in Hammond to pick it up.

Four months later, French, 29, was on night patrol in the West Englewood neighborhood when she joined other officers in conducting a traffic stop on a Honda SUV traveling with an expired registration. The officers inspected the car and found Morgan and his brother, Emonte Morgan, inside with a bottle of liquor.

The encounter escalated as officers ordered the brothers to exit the car, according to Chicago police. Eric Morgan jumped out and fled on foot. His brother stayed, refusing to put down his cup. A scuffle ensued. As French ran to help the other officers at the scene, Emonte Morgan pulled out the Glock and began to fire, police said.

French was struck and killed. Another officer, Carlos Yanez Jr., was severely wounded.

A “back the blue” sign hangs near the location where French was killed in 2021.

Cook County prosecutors charged both Morgan brothers in French’s killing. Eric Morgan pleaded guilty to aggravated battery and unlawful use of a deadly weapon. In March, a Cook County court convicted Emonte Morgan of French’s murder. He has since petitioned for a new trial.

Danzy already was serving time by then. In 2022, he pleaded guilty to charges that he conspired with Morgan to buy the gun and lied by claiming on a required form that he was purchasing it for himself. A judge sentenced him to 30 months in federal prison.

The ATF, which investigated the purchase of the gun used to kill French, would not reveal the name of the Hammond retailer when contacted by ProPublica. Neither would federal prosecutors. In filings for the case against Danzy, the U.S. Attorney’s Office for the Northern District of Illinois did not reveal the name of the store where he purchased the Glock.

The gun used to kill Chicago police officer Ella French, found by police in a yard near the scene of the shooting (Federal court record obtained by ProPublica)

Tiahrt’s restrictions prevent investigators from disclosing the names of gun retailers, but federal prosecutors who try gun traffickers have more leeway. In fact, such disclosures in federal filings occur often.

ProPublica has viewed federal filings in both the Northern District of Illinois and the Northern District of Indiana where retailers were named in conjunction with cases against individuals who lied to make gun purchases or later resold the guns illegally in so-called straw sales.

One such gun was bought from an Indiana retailer and days later used in a shooting that left two Wisconsin police officers severely injured, ProPublica reported in March. The retailer involved was never charged yet still was named in court records.

Nonetheless, Joseph Fitzpatrick, a spokesperson for the US Attorney’s Office in Chicago, said it’s “our policy to not identify uncharged individuals or entities.”

As part of an ongoing lawsuit against the firearms industry, the city of Gary, Indiana, is seeking sales records from Deb’s and other retailers in the area. The suit aims to hold responsible local gun retailers and iconic gun manufacturers, such as Smith & Wesson and Glock, associated with illegal purchases like the one that led to French’s murder. The suit has survived court challenges for nearly a quarter of a century, but the Indiana General Assembly recently passed a law designed to get it dismissed. Deb’s is not a defendant in the suit.

ATF records show that Deb’s has operated under enhanced monitoring from the agency since at least 2021. The gun shop is included in a program known as Demand 2 for retailers who sell a high volume of guns later recovered in police investigations, according to records obtained by the Brady Center, a gun violence prevention group, and provided to ProPublica.

A man glances inside Deb’s Gun Range while passing by on a bicycle.

Gun dealers can be placed in Demand 2 when ATF finds they are the source of at least 25 gun-trace requests from police in a given year; the retail sale of those guns must have been three or fewer years prior to that.

Besides the gun bought by Danzy, records show that at least one other firearm purchased illegally at Deb’s in recent years was central to a killing.

In 2021, Mark J. Halliburton shot and killed Monica J. Mills outside a school in East Chicago, Indiana, over a gun illegally purchased at Deb’s Gun Range. A prior criminal conviction prevented Halliburton from purchasing a gun legally, so he’d paid Mills $100 to buy the gun for him, according to court records. The two then argued over the deal one night inside a car in the parking lot of a school, leading to the shooting. The gun that fired the fatal shot was the same one purchased at Deb’s, according to police records. Halliburton later pleaded guilty to voluntary manslaughter and was sentenced to 17 years in prison.

David Sigale, an attorney for Deb’s Gun Range owner Estack, declined to comment on Deb’s compliance record or associations with guns traced to crimes. “Deb’s continues to cooperate with all requests from law enforcement,” he said.

The ATF points out that involvement in the Demand 2 program does not mean a retailer has done anything wrong. Retailers’ location and the sheer volume of sales they process can make businesses susceptible to trafficking schemes, the agency told ProPublica in written answers. The program helps “raise awareness” among those retailers, ATF said.

Advocates for the gun industry say retailers in Demand 2 are operating within the law. “The illegal straw purchase of a firearm is a crime committed by the individual lying on the form. That is not a crime for which the firearm retailer is liable,” said Mark Oliva, spokesperson for the National Shooting Sports Foundation, a lobbying group for gun retailers and manufacturers.

Oliva also reiterated the group’s continued support of the basic tenets behind the Tiahrt amendment. “Access to gun-trace data should only be available to law enforcement taking part in a bona fide investigation, and law enforcement already has the access it needs for this purpose,” he said.

Kristina Mastropasqua, an ATF spokesperson, said Tiahrt helps protect the integrity of ongoing agency investigations and “does not negatively affect ATF’s ability to investigate and hold accountable illegal gun purchases or traffickers.”

But the debate over Tiahrt continues even as efforts to revisit it in Congress stall.

Dr. Garen Wintemute, director of the Violence Prevention Research Program at the University of California-Davis, said that Tiahrt’s restrictions have inhibited the study of illicit gun markets. He and others who study gun violence say they need the data to understand gun trafficking and, in turn, assess the regulatory efforts to prevent it.

“Firearms are associated with a number of adverse health effects,” he said. “Wouldn’t we like to know where that hazard is coming from?”

Signage is posted for customers entering Deb’s Gun Range.

When researchers do obtain tracing data compiled by federal authorities, it’s usually under an agreement to keep the sources of the guns confidential. But there have been workarounds and exceptions. The city of Chicago and its police department facilitated University of Chicago studies that identified several Midwest retailers as the sources of thousands of guns trafficked into the city and then later submitted to the ATF for tracing.

The studies — published in 2014 and 2017 — link Westforth Sports, a now-closed Gary, Indiana, retailer, to 850 such guns recovered by police. There was no mention of Deb’s Gun Range in either of those reports. Shop owner Earl Westforth did not respond to a request for comment.

Other cities are continuing to look for ways to navigate around the Tiahrt amendment. The city of Baltimore, for instance, is suing the ATF over its denial of trace data.

That drew the ire of the National Shooting Sports Foundation, which moved to intervene in the case. “This is a transparent attempt by gun control advocates at the City of Baltimore … to gain access to the data to use it to smear licensed firearm retailers and manufacturers by suggesting they are responsible for crimes committed by others misusing lawfully sold firearms,” foundation Senior Vice President Lawrence G. Keane said in a statement.

In arguing for the gun-trace information to stay under wraps, foundation attorneys cited federal law — specifically the Tiahrt amendment.

by Vernal Coleman, photography by Sarahbeth Maney

Mississippi Lawmakers Move to Limit the Jail Detentions of People Awaiting Mental Health Treatment

6 months 1 week ago

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Mississippi lawmakers have overhauled the state’s civil commitment laws after Mississippi Today and ProPublica reported that hundreds of people in the state are jailed without criminal charges every year as they wait for court-ordered mental health treatment.

Right now, anyone going through the civil commitment process can be jailed if county officials decide they have no other place to hold them. House Bill 1640, which Gov. Tate Reeves signed Wednesday, would limit the practice. It says people can be jailed as they go through the civil commitment process only if they are “actively violent” and for a maximum of 48 hours. It requires the mental health professional who recommends commitment to document why less-restrictive treatment is not an option. And before paperwork can be filed to initiate the commitment process, a staffer with a local community mental health center must assess the person’s condition.

Supporters described the law, which goes into effect July 1, as a step forward in limiting jail detentions. Those praising it included county officials who handle commitments, associations representing sheriffs and county supervisors, and the state Department of Mental Health.

“This new process puts the person first,” said Adam Moore, a spokesperson for the Department of Mental Health, which provides training, along with some funding and services related to the commitment process. “It connects someone in need of mental health services with a mental health professional as the first step in the process, before the chancery court or law enforcement becomes involved.”

But some officials involved in the commitment process said that unless the state expands the number of treatment beds, the effect of the legislation will be limited. “Just because you’ve got a diversion program doesn’t mean you have anywhere to divert them to,” said Jamie Aultman, who handles commitments as chancery clerk in Lamar County, just west of Hattiesburg.

Although every state allows people to be involuntarily committed, most don’t jail people during the process unless they face criminal charges, and some prohibit the practice. Even among the few states that do jail people without charges, Mississippi is unique in how regularly it does so and for how long. Under Mississippi law, people going through the commitment process can be jailed if there is “no reasonable alternative.” State psychiatric hospitals usually have a waiting list, and short-term crisis units are often full or turn people away. Officials in many counties see jail as the only place to hold people as they await publicly funded treatment.

Idaho lawmakers recently dealt with a similar issue. There, some people deemed “dangerously mentally ill” have been imprisoned for months at a time; this spring, lawmakers funded the construction of a facility to house them.

Nearly every county in Mississippi reported jailing someone going through the commitment process at least once in the year ending in June 2023, according to the state Department of Mental Health. In just 19 of the state’s 82 counties, people awaiting treatment were jailed without criminal charges at least 2,000 times from 2019 to 2022, according to a review of jail dockets by Mississippi Today and ProPublica. (Those figures, which included counties that provided jail dockets identifying civil commitment bookings, include detentions for both mental illness and substance abuse; the legislation addresses only the commitment process for mental illness.)

Sheriffs have decried the practice, saying jails aren’t equipped to handle people with severe mental illness. Since 2006, at least 17 people have died after being held in jail during the civil commitment process; nine were suicides.

The bill’s sponsors said Mississippi Today and ProPublica’s reporting prompted them to act. “The deficiencies have been outlined and they're being corrected,” said state Rep. Kevin Felsher, R-Biloxi, a co-author of the bill.

An affidavit of someone who was committed and held in a Mississippi jail for mental health issues (Obtained by Mississippi Today and ProPublica. Highlighted by ProPublica.)

As a chancery clerk in northeastern Mississippi’s Lee County, Bill Benson has long dealt with people seeking to file commitment affidavits asserting that someone, often a family member, should be forced into treatment. He said first requiring a screening by a mental health professional is a good move. “I’m an accountant. I’m not going to try and make a determination” about whether someone needs to be committed, he said. He generally allows people to file commitment papers so he can “let the judge make that call.”

The bill says that if the community mental health center recommends commitment after the initial screening, someone can’t be jailed while awaiting treatment unless all other options have been exhausted and a judge specifically orders the person to be jailed. The legislation also says people can be held in jail for only 24 hours unless the community mental health center requests an additional 24-hour hold and a judge agrees. Roughly two-thirds of the people jailed over four years were held longer than 48 hours, according to Mississippi Today and ProPublica’s analysis.

However, the bill does not address the underlying reason that many people are jailed as they await a treatment bed. “I’m not certain there are enough beds and personnel available to take everybody,” Benson said. “I think everyone will attempt to comply, but there are going to be some instances where somebody’s going to have to be housed in the jail.”

Nor does the legislation say anything about how the provisions will be enforced. House Public Health Chair Sam Creekmore, R-New Albany, the primary sponsor of the bill, said the Department of Mental Health will “police this.” He also said he hopes the law’s new reporting requirements for community mental health centers will encourage county supervisors to monitor compliance.

Moore, at the Department of Mental Health, said the agency won’t enforce the law, although it will educate county officials, who are responsible for housing people going through civil commitment until they are transferred to a state hospital. “We sincerely hope all stakeholders will abide by the new processes and restrictions,” Moore said. “But DMH does not have oversight over county courts or law enforcement.”

Several mental health experts and advocates for people with mental illness say the law doesn’t go far enough to ban a practice that many contend is unconstitutional. For that reason, representatives of Disability Rights Mississippi have said they’re planning to sue the state and several counties.

“The basic flaw remains,” said Dr. Paul Appelbaum, a professor of psychiatry at Columbia University and former president of the American Psychiatric Association. “There is no justification for putting someone who needs hospital-level care in jail, not even for 24 hours.”

Agnel Philip of ProPublica and Isabelle Taft, formerly of Mississippi Today, contributed reporting.

by Kate Royals, Mississippi Today

IRS Audit of Trump Could Cost Former President More Than $100 Million

6 months 1 week ago

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Former President Donald Trump used a dubious accounting maneuver to claim improper tax breaks from his troubled Chicago tower, according to an IRS inquiry uncovered by ProPublica and The New York Times. Losing a yearslong audit battle over the claim could mean a tax bill of more than $100 million.

The 92-story, glass-sheathed skyscraper along the Chicago River is the tallest and, at least for now, the last major construction project by Trump. Through a combination of cost overruns and the bad luck of opening in the teeth of the Great Recession, it was also a vast money loser.

But when Trump sought to reap tax benefits from his losses, the IRS has argued, he went too far and in effect wrote off the same losses twice.

The first write-off came on Trump’s tax return for 2008. With sales lagging far behind projections, he claimed that his investment in the condo-hotel tower met the tax code definition of “worthless,” because his debt on the project meant he would never see a profit. That move resulted in Trump reporting losses as high as $651 million for the year, ProPublica and the Times found.

There is no indication the IRS challenged that initial claim, though that lack of scrutiny surprised tax experts consulted for this article. But in 2010, Trump and his tax advisers sought to extract further benefits from the Chicago project, executing a maneuver that would draw years of inquiry from the IRS. First, he shifted the company that owned the tower into a new partnership. Because he controlled both companies, it was like moving coins from one pocket to another. Then he used the shift as justification to declare $168 million in additional losses over the next decade.

The issues around Trump’s case were novel enough that, during his presidency, the IRS undertook a high-level legal review before pursuing it. ProPublica and the Times, in consultation with tax experts, calculated that the revision sought by the IRS would create a new tax bill of more than $100 million, plus interest and potential penalties.

Trump’s tax records have been a matter of intense speculation since the 2016 presidential campaign, when he defied decades of precedent and refused to release his returns, citing a long-running audit. A first, partial revelation of the substance of the audit came in 2020, when the Times reported that the IRS was disputing a $72.9 million tax refund that Trump had claimed starting in 2010. That refund, which appeared to be based on Trump’s reporting of vast losses from his long-failing casinos, equaled every dollar of federal income tax he had paid during his first flush of television riches, from 2005 through 2008, plus interest.

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The reporting by ProPublica and the Times about the Chicago tower reveals a second component of Trump’s quarrel with the IRS. This account was pieced together from a collection of public documents, including filings from the New York attorney general’s suit against Trump in 2022, a passing reference to the audit in a congressional report that same year and an obscure 2019 IRS memorandum that explored the legitimacy of the accounting maneuver. The memorandum did not identify Trump, but the documents, along with tax records previously obtained by the Times and additional reporting, indicated that the former president was the focus of the inquiry.

It is unclear how the audit battle has progressed since December 2022, when it was mentioned in the congressional report. Audits often drag on for years, and taxpayers have a right to appeal the IRS’ conclusions. The case would typically become public only if Trump chose to challenge a ruling in court.

In response to questions for this article, Trump’s son Eric, executive vice president of the Trump Organization, said: “This matter was settled years ago, only to be brought back to life once my father ran for office. We are confident in our position, which is supported by opinion letters from various tax experts, including the former general counsel of the IRS.”

An IRS spokesperson said federal law prohibited the agency from discussing private taxpayer information.

The outcome of Trump’s dispute could set a precedent for wealthy people seeking tax benefits from the laws governing partnerships. Those laws are notoriously complex, riddled with uncertainty and under constant assault by lawyers pushing boundaries for their clients. The IRS has inadvertently further invited aggressive positions by rarely auditing partnership tax returns.

The audit represents yet another potential financial threat — albeit a more distant one — for Trump, the Republicans’ presumptive 2024 presidential nominee. In recent months, he has been ordered to pay $83.3 million in a defamation case and an additional $454 million in a civil fraud case brought by the New York attorney general, Letitia James. Trump has appealed both judgments. (He is also in the midst of a criminal trial in Manhattan, where he is accused of covering up a hush-money payment to a porn star in the weeks before the 2016 election.)

Beyond the two episodes under audit, reporting by the Times in recent years has found that, across his business career, Trump has often used what experts described as highly aggressive — and at times, legally suspect — accounting maneuvers to avoid paying taxes. To the six tax experts consulted for this article, Trump’s Chicago accounting maneuvers appeared to be questionable and unlikely to withstand scrutiny.

“I think he ripped off the tax system,” said Walter Schwidetzky, a law professor at the University of Baltimore and an expert on partnership taxation.

Trump’s Chicago tower (Nurphoto/Getty Images)

Trump struck a deal in 2001 to acquire land and a building that was then home to the Chicago Sun-Times newspaper. Two years later, after publicly toying with the idea of constructing the world’s tallest building there, he unveiled plans for a more modest tower, with 486 residences and 339 “hotel condominiums” that buyers could use for short stays and allow Trump’s company to rent out. He initially estimated that construction would last until 2007 and cost $650 million.

Trump placed the project at the center of the first season of “The Apprentice” in 2004, offering the winner a top job there under his tutelage. “It’ll be a mind-boggling job to manage,” Trump said during the season finale. “When it’s finished in 2007, the Trump International Hotel and Tower, Chicago, could have a value of $1.2 billion and will raise the standards of architectural excellence throughout the world.”

As his cost estimates increased, Trump arranged to borrow as much as $770 million for the project — $640 million from Deutsche Bank and $130 million from Fortress Investment Group, a hedge fund and private equity company. He personally guaranteed $40 million of the Deutsche loan. Both Deutsche and Fortress then sold off pieces of the loans to other institutions, spreading the risk and potential gain.

Trump planned to sell enough of the 825 units to pay off his loans when they came due in May 2008. But when that date came, he had sold only 133. At that point, he projected that construction would not be completed until mid-2009, at a revised cost of $859 million.

He asked his lenders for a six-month extension. A briefing document prepared for the lenders, obtained by the Times and ProPublica, said Trump would contribute $89 million of his own money, $25 million more than his initial plan. The lenders agreed.

But sales did not pick up that summer, with the nation plunged into the financial crisis that would become the Great Recession. When Trump asked for another extension in September, his lenders refused.

Two months later, Trump defaulted on his loans and sued his lenders, characterizing the financial crisis as the kind of catastrophe, like a flood or hurricane, covered by the “force majeure” clause of his loan agreement with Deutsche Bank. That, he said, entitled him to an indefinite delay in repaying his loans. Trump went so far as to blame the bank and its peers for “creating the current financial crisis.” He demanded $3 billion in damages.

At the time, Trump had paid down his loans with $99 million in sales but still needed more money to complete construction. At some point that year, he concluded that his investment in the tower was worthless, at least as the term is defined in partnership tax law.

Trump’s worthlessness claim meant only that his stake in 401 Mezz Venture, the LLC that held the tower, was without value because he expected that sales would never produce enough cash to pay off the mortgages, let alone turn a profit.

When he filed his 2008 tax return, he declared business losses of $697 million. Tax records do not fully show which businesses generated that figure. But working with tax experts, ProPublica and the Times calculated that the Chicago worthlessness deduction could have been as high as $651 million, the value of Trump’s stake in the partnership — about $94 million he had invested and the $557 million loan balance reported on his tax returns that year.

When business owners report losses greater than their income in any given year, they can retain the leftover negative amount as a credit to reduce their taxable income in future years. As it turned out, that tax-reducing power would be of increasing value to Trump. While many of his businesses continued to lose money, income from “The Apprentice” and licensing and endorsement agreements poured in: $33.3 million in 2009, $44.6 million in 2010 and $51.3 million in 2011.

Trump’s advisers girded for a potential audit of the worthlessness deduction from the moment they claimed it, according to the filings from the New York attorney general’s lawsuit. Starting in 2009 Trump’s team excluded the Chicago tower from the frothy annual “statements of financial condition” that Trump used to boast of his wealth, out of concern that assigning value to the building would conflict with its declared worthlessness, according to the attorney general’s filing. (Those omissions came even as Trump fraudulently inflated his net worth to qualify for low-interest loans, according to the ruling in the attorney general’s lawsuit.)

Trump had good reason to fear an audit of the deduction, according to the tax experts consulted for this article. They believe that Trump’s tax advisers pushed beyond what was defensible.

The worthlessness deduction serves as a way for a taxpayer to benefit from an expected total loss on an investment long before the final results are known. It occupies a fuzzy and counterintuitive slice of tax law. Three decades ago, a federal appeals court ruled that the judgment of a company’s worthlessness could be based in part on the opinion of its owner. After taking the deduction, the owner can keep the “worthless” company and its assets. Subsequent court decisions have only partly clarified the rules. Absent prescribed parameters, tax lawyers have been left to handicap the chances that a worthlessness deduction will withstand an IRS challenge.

There are several categories, with a declining likelihood of success, of money taxpayers can claim to have lost.

The tax experts consulted for this article universally assigned the highest level of certainty to cash spent to acquire an asset. The roughly $94 million that Trump’s tax returns show he invested in Chicago fell into this category.

Some gave a lower, though still probable, chance of a taxpayer prevailing in declaring a loss based on loans that a lender agreed to forgive. That’s because forgiven debt generally must be declared as income, which can offset that portion of the worthlessness deduction in the same year. A large portion of Trump’s worthlessness deduction fell in this category, though he did not begin reporting forgiven debt income until two years later, a delay that would have further reduced his chances of prevailing in an audit.

The tax experts gave the weakest chance of surviving a challenge for a worthlessness deduction based on borrowed money for which the outcome was not clear. It reflects a doubly irrational claim — that the taxpayer deserves a tax benefit for losing someone else’s money even before the money has been lost, and that those anticipated future losses can be used to offset real income from other sources. Most of the debt included in Trump’s worthlessness deduction was based on that risky position.

Including that debt in the deduction was “just not right,” said Monte Jackel, a veteran of the IRS and major accounting firms who often publishes analyses of partnership tax issues.

Trump continued to sell units at the Chicago tower, but still below his costs. Had he done nothing, his 2008 worthlessness deduction would have prevented him from claiming that shortfall as losses again. But in 2010, his lawyers attempted an end-run by merging the entity through which he owned the Chicago tower into another partnership, DJT Holdings LLC. In the following years, they piled other businesses, including several of his golf courses, into DJT Holdings.

Those changes had no apparent business purpose. But Trump’s tax advisers took the position that pooling the Chicago tower’s finances with other businesses entitled him to declare even more tax-reducing losses from his Chicago investment.

His financial problems there continued. More than 100 of the hotel condominiums never sold. Sales of all units totaled only $727 million, far below Trump’s budgeted costs of $859 million. And some 70,000 square feet of retail space remained vacant because it had been designed without access to foot or vehicle traffic. From 2011 through 2020, Trump reported $168 million in additional losses from the project.

Those additional write-offs helped Trump avoid tax liability for his continuing entertainment riches, as well as his unpaid debt from the tower. Starting in 2010, his lenders agreed to forgive about $270 million of those debts. But he was able to delay declaring that income until 2014 and spread it out over five years of tax returns, thanks to a provision in the Obama administration’s stimulus bill responding to the Great Recession. In 2018, Trump reported positive income for the first time in 11 years. But his income tax bill still amounted to only $1.9 million, even as he reported a $25 million gain from the sale of his late father’s assets.

It’s unclear when the IRS began to question the 2010 merger transaction, but the conflict escalated during Trump’s presidency.

The IRS explained its position in a Technical Advice Memorandum, released in 2019, that identified Trump only as “A.” Such memos, reserved for cases where the law is unclear, are rare and involve extensive review by senior IRS lawyers. The agency produced only two other such memos that year.

The memos are required to be publicly released with the taxpayer’s information removed, and this one was more heavily redacted than usual. Some partnership specialists wrote papers exploring its meaning and importance to other taxpayers, but none identified taxpayer “A” as the then-sitting president of the United States. ProPublica and the Times matched the facts of the memo to information from Trump’s tax returns and elsewhere.

The 20-page document is dense with footnotes, calculations and references to various statutes, but the core of the IRS’ position is that Trump’s 2010 merger violated a law meant to prevent double dipping on tax-reducing losses. If done properly, the merger would have accounted for the fact that Trump had already written off the full cost of the tower’s construction with his worthlessness deduction.

In the IRS memo, Trump’s lawyers vigorously disagreed with the agency’s conclusions, saying he had followed the law.

If the IRS prevails, Trump’s tax returns would look very different, especially those from 2011 to 2017. During those years, he reported $184 million in income from “The Apprentice” and agreements to license his name, along with $219 million from canceled debts. But he paid only $643,431 in income taxes thanks to huge losses on his businesses, including the Chicago tower. The revisions sought by the IRS would require amending his tax returns to remove $146 million in losses and add as much as $218 million in income from condominium sales. That shift of up to $364 million could swing those years out of the red and well into positive territory, creating a tax bill that could easily exceed $100 million.

The only public sign of the Chicago audit came in December 2022, when a congressional Joint Committee on Taxation report on IRS efforts to audit Trump made an unexplained reference to the section of tax law at issue in the Chicago case. It confirmed that the audit was still underway and could affect Trump’s tax returns from several years.

That the IRS did not initiate an audit of the 2008 worthlessness deduction puzzled the experts in partnership taxation. Many assumed the understaffed IRS simply had not realized what Trump had done until the deadline to investigate it had passed.

“I think the government recognized that they screwed up,” and then audited the merger transaction to make up for it, Jackel said.

The agency’s difficulty in keeping up with Trump’s maneuvers, experts said, showed that this gray area of tax law was too easy to exploit.

“Congress needs to radically change the rules for the worthlessness deduction,” Schwidetzky said.

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Susanne Craig of The New York Times contributed reporting.

by Paul Kiel, ProPublica, and Russ Buettner, The New York Times

Georgia Promised to Fix How Voter Challenges Are Handled. A New Law Could Make the Problem Worse.

6 months 1 week ago

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Ten months after Georgia officials said they would take steps to ensure that counties were correctly handling massive numbers of challenges to voter registrations, neither the secretary of state’s office nor the State Election Board has done so.

In July 2023, ProPublica reported that election officials in multiple Georgia counties were handling citizens’ challenges to voter registrations in different ways, with some potentially violating the National Voter Registration Act.

Instead of fixing the problem, the Republican-controlled Georgia legislature passed SB 189 at the end of March. The bill’s authors claim that it will help prevent voting fraud, while voting rights advocates warn that it could make the issue worse. Gov. Brian Kemp signed it into law on Monday.

“I see this as being pro-America, pro-accuracy, pro-transparency and pro-election integrity,” state Rep. John LaHood said of the bill, which he worked to help pass. “I don’t see it being” about voter suppression “whatsoever.”

When it takes effect in July, SB 189 will make it easier for Georgia residents to use questionable evidence when challenging fellow residents’ voter registrations. Voting rights activists also claim that the law could lead county officials to believe they can approve bulk challenges closer to election dates.

“It’s bad policy and bad law, and will open the floodgates to bad challenges,” said Caitlin May, a voting rights attorney for the American Civil Liberties Union of Georgia, which has threatened to sue over what it says is the law’s potential to violate the NVRA.

ProPublica previously reported on how just six right-wing advocates challenged the voter registrations of 89,000 Georgians following the 2021 passage of a controversial law that enabled residents to file unlimited voter challenges. We also revealed that county election officials may have been systematically approving challenges too close to election dates, which would violate the NVRA.

The Georgia secretary of state’s office said at the time that it was “thankful” for information provided by ProPublica, that it had been working on “uniform standards for voter challenges” and that it had “asked the state election board to provide rules” to help election officials handle the challenges. And the chair of the State Election Board told ProPublica last year that though the board hadn’t yet offered rules due to the demands of the 2022 election, “now that the election is over, we intend to do that.”

With the new law soon to be in effect, the State Election Board is determining its next steps. “We’re going to probably have to try and provide some instruction telling” election officials how to respond to SB 189, said John Fervier, who was appointed chair in January after the former chair stepped down. “I don’t know if that will come from the State Election Board or from the secretary of state’s office. But we’re one day past the signing of the legislation, so it’s still too early for me to comment on what kind of instruction will go out at this point.”

Mike Hassinger, a public information officer for the secretary of state’s office, said in a statement that it falls to the State Election Board to review laws and come up with rules. “Once the board moves forward with that process we are more than happy to extend help to rule making,” Hassinger said.

Conservative organizations have been vocal about their plans to file numerous challenges to voter registrations this year, providing training and other resources to help Georgians do so. Activists and Georgia Republican Party leadership publicly celebrated the passage of SB 189, with the GOP chair telling the Atlanta Journal-Constitution that this year’s legislative session was “a home run for those of us concerned about election integrity.”

But what has not gotten as much attention is how individuals who were involved in producing massive numbers of voter challenges managed to shape SB 189.

Jason Frazier, who in 2023 was a Republican nominee to the Fulton County election board, challenged the registrations of nearly 10,000 people in Fulton County, part of the Democratic stronghold of Atlanta. (Cheney Orr for ProPublica)

Courtney Kramer, the former executive director of True the Vote, a conservative organization that announced it was filing over 360,000 challenges in Georgia after the 2020 presidential election, played an instrumental role in getting the bill passed. She was the co-chair of the Election Confidence Task Force, a committee of the Georgia Republican Party that provided sample language to legislators crafting SB 189. An internal party email reviewed by ProPublica thanked Kramer for her dedication in helping bring “us to the final stages of pushing essential election integrity reform through the legislature.” Kramer said in a statement that “my goal was to restore confidence in Georgia’s elections process” and to “make it easy to vote and hard to cheat.”

Jason Frazier, who ProPublica previously found was one of the state’s six most prolific challengers, served on the Election Confidence Task Force. Frazier did not respond to requests for comment.

In late July, William Duffey, who was then the chair of Georgia’s State Election Board, was working on a paper to update county election officials on how to handle voter challenges. But when the board met in August 2023, a large crowd of right-wing activists packed the room, and dozens of people castigated the board for defending the legitimacy of the 2020 election. One mocked a multicultural invocation with which Duffey had started the meeting, declaring, “The only thing you left out was satanism!” A right-wing news outlet accused “the not so honorable Judge Duffey” of hiding “dirt” on the corruption of the 2020 election.

Less than a month later, Duffey stepped down. He denied that activists had driven him out, telling ProPublica that pressure from such activists “comes with the job.” But, he explained, the volunteer position had been taking “70% of my waking hours,” and “I wanted to get back to things for which I had scoped out my retirement.”

According to two sources knowledgeable about the board’s workings, who asked for anonymity to discuss confidential board matters, Duffey had been the primary force behind updating the rules about voter challenges, and without him, the effort stalled. One source also said that the board had realized that Republican legislators planned to rewrite voter-challenge laws, and members wanted to see what they would do.

In January 2024, Republican legislators began working on those bills. The one that succeeded, SB 189, introduces two especially important changes that would help challengers, according to voting rights activists.

First, it says a dataset kept by the U.S. Postal Service to track address changes provides sufficient grounds for election officials to approve challenges, if that data is backed up by secondary evidence from governmental sources. Researchers have found the National Change of Address dataset to be unreliable in establishing a person’s residence, as there are many reasons a person could be listed as living outside of Georgia but could still legally vote there. ProPublica found in 2023 that counties frequently dismissed challenges because of that unreliability. And voting rights activists claim that the secondary sources SB 189 specifies include swaths of unreliable data.

“My worry is” that the bill “will cause a higher success rate for the challenges,” said Anne Gray Herring, a policy analyst for nonprofit watchdog group Common Cause Georgia.

The new bill also states that starting 45 days before an election, county election boards cannot make a determination on a challenge. Advocates have expressed concerns that counties will interpret the law to mean that they can approve mass, or systematic, challenges up until 45 days before an election. The NVRA prohibits systematic removal of voters within 90 days of an election, and election boards commonly dismissed challenges that likely constituted systematic removal within the 90-day window, ProPublica previously found.

When True the Vote was challenging voters in the aftermath of the 2020 election, a judge issued a restraining order against the challenges for violating the 90-day window.

Whether SB 189 violates the NVRA could be settled in court, according to voting rights advocates and officials. On Tuesday, after SB 189 was signed, Gabriel Sterling, the chief operating officer for the Georgia secretary of state, disputed on social media that the new law would make voter challenges easier. But months earlier, he said that imprecision in the voter challenges process could lead to legal problems.

“When you do loose data matching, you get a lot of false positives,” Sterling said, testifying about voter list maintenance before the Senate committee that would pass a precursor to SB 189. “And when you get a lot of false positives and then move on them inside the NVRA environment, that’s when you get sued.”

by Doug Bock Clark

Plastic, Plastic Everywhere — Even at the UN’s “Plastic Free” Conference

6 months 1 week ago

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When I registered to attend last month’s United Nations conference in Canada, organizers insisted it would be a “plastic free meeting.” I wouldn’t even get a see-through sleeve for my name tag, they warned; I’d have to reuse an old lanyard.

After all, representatives from roughly 170 countries were gathering to tackle a crisis: The world churns out 400 million metric tons of plastic a year. It clogs landfills and oceans; its chemical trail seeps into our bodies. Delegates have been meeting since 2022 as part of the Intergovernmental Negotiating Committee on Plastic Pollution in hopes of ending this year with a treaty that addresses “the full life cycle of plastic, including its production, design and disposal.”

The challenge before delegates seemed daunting: How do you get hundreds of negotiators to agree on anything via live, group editing? Especially when representatives from fossil fuel and chemical companies would be vigorously working to shift the conversation away from what scientists say is the only solution to the crisis: curbing plastic production.

But when I got to the meeting, I discovered those industry reps were not the sideshow; they were welcomed into the main event.

They could watch closed-door sessions off limits to reporters. Some got high-level badges indistinguishable from those worn by country representatives negotiating the treaty. These badges allowed them access to exclusive discussions not open to some of the world’s leading health scientists.

In a setting that was supposed to level the inequalities among those present, I watched how country delegates and conference organizers did little to minimize them, making what was already going to be a challenging process needlessly opaque and avoidably contentious.

With such high stakes, I asked the INC Secretariat — the staff at the UN Environment Programme who facilitated the negotiations process — why they hadn’t set rules on conflict of interest or transparency. They told me that wasn’t their job, that it was up to countries to take the lead. But in some cases, countries pointed me right back to the UN.

Over five days, I would come to understand just how hard it will be to get meaningful action on plastics.

A pro-plastic ad (James Park for ProPublica) Day 1: Represent the Public? Stay Out.

From the moment I landed in Ottawa, the counter-argument of the plastics industry was inescapable, from wall-sized ads at the airport to billboards on trucks that cruised around the downtown convention center.

Their message: Curtailing plastic production would spell literal doom. (I could almost see the marketing pitch: Think of the children!)

These plastics deliver water, read one, depicting a girl drinking from a bottle in what was implied to be a disaster zone.

I headed to the media registration desk and got my green-striped badge, which placed me at the lowest rung of the pecking order.

At the top were people on official delegations. Their red-striped badges opened the door to every meeting, from the large “plenaries” where rows of country representatives spoke into microphones, to smaller working groups where negotiators hashed out specifics like whether to ban certain chemicals used in plastic.

The majority of the attendees wore orange badges. This hodgepodge of so-called observers included scientists, environmentalists, Indigenous peoples and some industry reps, though the color code made no distinction among them.

Observers were allowed into certain working groups at the discretion of government delegates.

Reporters could attend only plenaries.

These huge, open sessions were like the UN equivalent of Senate floor speeches: declarations and repetition to get ideas into the public record.

Veteran observers tracked the real action in the margins, standing in the back of the ballroom to watch who was talking to whom. It was an art, they said: You want to stroll close enough to read the small print on name tags, but you have to be chill about it.

I was not chill about the lack of access, which prevented sources from talking about what happened behind closed-door proceedings. They were governed by rules that prohibited those present from recording the meetings or revealing who had said what.

Reporters trying to inform the public and hold governments accountable were completely shut out. Yet somehow the rules allowed the industry whose survival depends on more plastic production to dispatch reps to watch negotiators at work.

The rules follow the “norms when it comes to fundamentals of negotiating, multilateralism, and diplomacy amongst UN Member States,” said a statement from the INC Secretariat. These meetings are managed by the countries negotiating the treaty, the statement said; the countries set the rules.

But when I asked the U.S. State Department, which led the U.S. delegation in Ottawa, whether journalists should have more access, a spokesperson directed me back to the UN.

An environmental health advocacy group near the Ottawa convention center (James Park for ProPublica) Day 2: “The Human Right to Science”

I heard about an exhibit at the nearby Westin hosted by the Alliance to End Plastic Waste. It sounded like an environmental group, but an online search showed it was founded by corporations including Dow and ExxonMobil. Dow didn’t respond to a request for comment. ExxonMobil said it attended the conference “to be a resource, bring solutions to the table and listen to a broad range of views by all stakeholders.”

As I wandered through the ballroom stocked with refreshments, shiny videos and diagrams promoted the potential of “circularity,” a marketing term that’s often focused on recycling. Independent research shows pollution will skyrocket if companies don’t curb production, but the industry has, for decades, shifted attention from that with false promises about waste management.

“The work we do is not the whole solution,” the alliance later told me in an email.

But I could easily see someone leaving the exhibit with that impression.

The finer points of plastic science, from its toxic manufacturing process to the limits of recycling, are highly technical and complex.

While countries like the United States could afford to fly in multiple experts to inform government delegates, other countries could not.

Later that day, I met Bethanie Carney Almroth, an ecotoxicologist from Sweden’s University of Gothenburg, who was among 60 independent, volunteer researchers who had traveled to Canada in hopes of bridging that gap in access to expertise.

As part of the Scientists’ Coalition for an Effective Plastics Treaty, they shared fact sheets and peer-reviewed studies and made themselves available for questions. Carney Almroth said ensuring the integrity of the group was vital. Members must have a proven track record of researching plastic pollution and follow a conflict-of-interest policy to prevent bias.

“The human right to science,” she said, “includes the right to transparency.”

Bethanie Carney Almroth, a professor of ecotoxicology at the University of Gothenburg in Sweden, is on the steering committee of the Scientists’ Coalition for an Effective Plastics Treaty. (James Park for ProPublica) Day 3: “No Such Thing as Conflict of Interest”

For the first two of these conferences, the INC Secretariat didn’t include the participants’ affiliations when they released the list of people who had registered for the event, making it hard to tell who worked for the industry. That has since changed, making it easier for advocacy groups to scour lists for fossil fuel and chemical company affiliations.

After the UN released the roster of the 4,000 people who had registered for Ottawa this year, the Center for International Environmental Law released its analysis of industry attendees. It found about 200 people with observer-level badges.

What’s more, the group said, 16 industry representatives had received the red badges usually reserved for government delegates. They were invited onto official delegations by China, the Dominican Republic, Iran, Kazakhstan, Kuwait, Malaysia, Thailand, Turkey and Uganda. I later learned an Indonesian delegate was listed as part of its Ministry of Industry; LinkedIn revealed him to be a director at a petrochemical firm.

I reached out to officials from all 10 countries. Most did not respond.

(The United States wasn’t on the list. “As a matter of policy, the United States does not include any industry or civil society representatives in our official delegation,” said a spokesperson from the State Department.)

There is “no such thing as conflict of interest in International negotiations,” the executive director of the Uganda National Environment Management Authority, Barirega Akankwasah, told me in a WhatsApp message. It’s “a matter of country positions and not individual positions,” he said, adding that the conference was “open and transparent” and stakeholders were “all welcome to participate.”

An official from the Dominican Republic, Claudia Taboada, told me that environmental groups and academic scientists had been consulted before the Ottawa conference and that the two industry reps on the country’s eight-member delegation had restricted privileges. They were barred from internal meetings where observers weren’t allowed, she said, and they couldn’t negotiate on behalf of the government.

Claudia Taboada was part of the official delegation from the Dominican Republic. She is director for science technology and environment at the Ministry of Foreign Affairs. (James Park for ProPublica)

Those industry reps weren’t trying to influence the government’s position, added Taboada, who is director for science, technology and environment at the Ministry of Foreign Affairs.

I found that hard to believe. Who would sit through days of bureaucratic meetings just to observe?

A red-striped badge provides tangible benefits, multiple attendees told me, like access to email lists and WhatsApp chats that are closed to observers. A university scientist who’s part of Fiji’s official delegation, Rufino Varea, said it’s easier to talk to official delegates from other countries when you have that badge. It shows only a person’s name and country, making it impossible to tell at a glance whether someone works for the government or for private interests.

A press release issued that day showed a counter-analysis of the entire list of attendees from the International Council of Chemical Associations, which said that industry observers were vastly outnumbered by more than 2,000 members from nongovernmental organizations like environmental advocacy groups.

Many of these groups are “incredibly well funded” and supported by billionaires, said a subsequent email from the American Chemistry Council, the country’s largest plastics lobby. It noted that at least eight countries had NGO representatives on their official delegations.

Rufino Varea is in his final semester as a doctoral student in ecotoxicology at the University of the South Pacific. Varea said Fiji’s delegation supports a strong treaty that limits plastic production. (James Park for ProPublica) Day 4: Fighting for Attention

For every NGO with millions in the bank, there were others whose members couldn’t afford the trip to Ottawa. Many had to compete for limited travel funds from sources like the UN or larger advocacy groups.

I sat down with John Chweya, a friendly man in a leather jacket who makes a living as a waste picker in Kenya. A single salad at the conference cost more than a day’s pay.

As president of the Waste Pickers Association of Kenya, he wanted delegates to understand how plastic impacts the millions around the world who collect garbage and sort the recyclables they can sell in places without formal waste disposal. Toxic fumes from plastic burning in landfills make his fellow workers sick, he told me. They wake up with swollen necks, joints that don’t work and mysterious tumors. Chweya wants the world to make less plastic; he came to Ottawa to fight for protective gear and health care.

The specificity of his story brought home how the experiences of front-line communities could inform the understanding of the plastics crisis.

John Chweya traveled to Ottawa to advocate for waste pickers in Kenya. (James Park for ProPublica)

Others like Chweya tried to give voice to huge portions of the world’s populations that are suffering from every step in the plastic life cycle: residents of Indigenous communities and Louisiana’s “Cancer Alley” breathing dangerous plant emissions; Pacific Islanders seeing their coral reefs entangled in abandoned fishing nets; activists from lower-income countries that are swimming in Americans’ discarded plastic.

I watched them trying to grab the attention of government officials with handwritten posters, events in cramped rooms and limited speaking slots during the plenary.

None of it matched the flash of the billboards I could not seem to avoid, which heralded their own impending health emergency.

These plastics save lives, one decreed, featuring a girl in a hospital bed, wearing an oxygen mask.

Negotiators couldn’t even agree on setting voluntary reductions for plastic production, I thought. Nobody was proposing to eliminate enough plastic to cause hospital shortages.

Chweya called the prevalent ads “traitorous.”

Day 5: The UN Isn’t Powerless

UN officials had warned against the inequities playing out in Ottawa.

In November 2022, the Office of the UN High Commissioner for Human Rights issued a statement during the first conference to negotiate the treaty, held in Uruguay.

Even though they weren’t hosting it, human rights officials had advice on how to proceed. “The plastic industry has disproportionate power and influence over policy relative to the general public,” they wrote. “Clear boundaries on conflict of interest should be established … drawing from existing good practices under international law.”

They recommended policies similar to those adopted by the World Health Organization Framework Convention on Tobacco Control, a separate UN treaty. Government representatives meet every two years to evaluate results. Recognizing that the tobacco industry’s presence was fundamentally incompatible with protecting public health, the countries agreed to virtually ban Big Tobacco from those meetings.

“It is irresponsible and inaccurate to liken plastics to tobacco,” the American Chemistry Council said in a statement in response to my questions about this comparison. “Unlike the tobacco industry, the plastics industry is playing a vital role in helping meet the UN’s sustainability goals by contributing to food safety, healthcare, renewable energy, telecommunications, clean drinking water, and much more. …

“Keeping plastic producers out means a less informed treaty,” the council said. “We are essential and constructive stakeholders in the global effort to prevent plastic pollution.”

Short of barring the plastics industry, many have wondered why the UN can’t start with smaller steps, like giving industry observers a different kind of badge.

The fossil fuel companies “that are manufacturing plastics” are “not coming to these negotiations with solutions,” Baskut Tuncak, a former UN special rapporteur for human rights and toxics, told me. They’re here “to throw a wrench in the process, or two, or three.”

When I asked if it intended to introduce conflict-of-interest controls, the INC Secretariat said it couldn’t impose rules unilaterally. Governments would have to decide for themselves.

Some U.S. and European politicians have requested such reforms. Negotiators should consider measures “to protect against undue influence of corporate actors with proven vested interests that contradict the goals of the global plastics treaty,” said a letter last month sent to President Joe Biden and the secretary-general of the United Nations.

It was signed by Sen. Sheldon Whitehouse, D-R.I., who’s often criticized the fossil fuel industry’s influence on public policy, along with 11 other members of Congress and a member of the European Parliament. Industry reps should be required to disclose lobbying records and campaign contributions, the letter suggested.

The UN isn’t powerless, said Tuncak and Ana Paula Souza, a UN human rights officer I met on my last day in Ottawa. There’s more the institution could do to raise the profile of the issue, they said. Souza said the UN could also increase funding to allow more of those most affected by plastic pollution to attend these meetings.

An art installation outside the Ottawa convention center (James Park for ProPublica) Looking Ahead

The Ottawa conference ended with limited progress. Negotiators have a long way to go to reach a final draft at the last scheduled conference this November in Busan, South Korea. Smaller groups of delegates will meet before then; it’s unclear how many observers will be able to attend.

It’s tempting to feel pessimistic. This could easily end up like the UN climate treaty — anemic, voluntary and dragging on forever.

And it’s not like a conflict-of-interest policy would magically solve everything. Countries with powerful plastics lobbies, including the United States, can still advocate for corporate interests.

But it’s worth stepping back to recognize the magnitude of what’s happening.

Nearly every government on Earth signed up for days of painstaking sessions on plastic as a global threat — even places confronting existential crises, like Haiti, Palestine, Sudan and Ukraine. The world recognizes the importance of figuring this out. And despite all the industry influence, capping plastic production remains a possibility.

Do You Have Experience in or With the Plastics Industry? Tell Us About It.

by Lisa Song

Looking Up an NYPD Officer’s Discipline Record? Many Are There One Day, Gone the Next.

6 months 2 weeks ago

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In the summer of 2021, New York Police Department officer Willie Thompson had sex at least twice with a witness to a Harlem carjacking that he was investigating. When a prosecutor questioned Thompson about his relationship with the witness, Thompson first lied, denying the relationship, before recanting and confessing the next day, according to an internal discipline report. About a week later, the woman, sounding upset, called the prosecutor and said Thompson had cornered her at a bodega, blaming her for getting him in trouble and threatening that officers from the precinct would be coming to her home, the document shows.

Thompson, who declined to comment, was found guilty by the NYPD on two misconduct charges and was placed on probation.

But if you looked up his disciplinary history on the department’s public database of uniformed officers, you would be unlikely to learn that.

ProPublica has found the NYPD site for allowing the public to track officers’ misconduct is shockingly unreliable. Cases against officers frequently vanish from the site for days — sometimes weeks — at a time. The issue affects nearly all of the officers in the database, with discipline disappearing from the profiles of patrol officers all the way up to its most senior uniformed officer.

ProPublica examined more than 1,000 daily snapshots of the database’s contents and found that, since the fall of 2022, the number of discipline cases that appear in the database has fluctuated often and wildly. Try to pull up the record for a disciplined officer and the site sometimes spits back, “This officer does not have any applicable entries.”

Since May 2021, at least 88% of the disciplinary cases that once appeared in the data have gone missing at some point, though some were later restored. As of this week, 54% of cases that had at one point been in the system were missing.

“It is really disconcerting to see that there are records that are there one day that are not the next,” said Jennvine Wong, a supervising attorney with the Legal Aid Society’s Cop Accountability Project.

In the NYPD’s Officer Database, Discipline Records Frequently Vanish

A ProPublica analysis of more than 1,000 daily snapshots of the NYPD’s Office Profile database found that, since fall 2022, cases have repeatedly disappeared and the number of publicly accessible cases fluctuates often and wildly.

Source: ProPublica analysis of archived NYPD data. (Chart by Sergio Hernandez)

The NYPD did not respond to repeated requests for interviews or comment.

Because the department’s database is designed to show discipline only for active officers, some cases relating to former officers might have been removed from the data over time. Yet that would only explain a fraction of the missing cases. For most of the past year, at least a third of cases that had previously appeared in the database were missing.

These missing cases have included Chief of Department Jeffrey Maddrey, the force’s highest-ranking uniformed officer, and six deputy chiefs whose assignments include the department’s transit bureau and the Joint Terrorism Task Force.

The allegations against these high-ranking officers include being “discourteous” to a suspect, drinking while on duty, improper use of department property, and wrongful searches, frisks and uses of force.

In the chief of department’s case, Maddrey was docked 45 vacation days over a 2015 incident in which he impeded internal affairs officials who were investigating an altercation with an ex-lover and fellow officer. The incident ended with the officer brandishing a gun at Maddrey. When a reporter looked up Maddrey’s discipline record on Wednesday, the department’s system reported no disciplinary cases against him.

In interviews, several advocates for police reform and accountability said the issues raised by ProPublica’s analysis renewed their concerns about the NYPD’s competence, legal compliance and accountability.

“It just continues to undermine the public confidence in that they care at all about discipline and police accountability,” said Lupe Aguirre, a senior staff attorney at the New York Civil Liberties Union. “Their track record shows that they are both unwilling and unable to hold their officers accountable.”

While people across the country rallied against police brutality in the aftermath of George Floyd’s murder by Minneapolis officers in 2020, reform advocates in New York scored a major victory. Capitalizing on the groundswell of public demand for accountability, they pushed lawmakers to repeal a state statute that, for more than four decades, prohibited the release of personnel information about police officers.

Early the next year, the NYPD published a searchable database of its uniformed officers, allowing the public to look up cops and see their training histories, departmental awards and, for the first time, internal discipline records. In a department-wide memo, agency brass reportedly touted the move as a “step that increases transparency and improves accountability.”

Despite a 2012 local law that requires agencies to publish their data on the city’s open-data platform, the police department chose a vendor best known for selling “athlete management” software for sports teams to run the officer lookup system.

The source code of the officer profile website reveals it runs on software from RockDaisy, a New York-based software company. A blog post on its site, first published in 2017 and updated last year, says it has been licensed to several teams in the NFL, NHL and NBA and “the world’s largest police department,” an apparent reference to the NYPD.

RockDaisy’s founders did not respond to ProPublica’s inquiries about the company’s relationship with the police department. While RockDaisy does appear in a database of qualified vendors, a spokesperson for the city comptroller, which audits agency spending and reviews city contracts, said her office could not find any contracts with or payments to the company.

Aguirre and Wong, the Legal Aid Society attorney, cited the department’s habit of resisting oversight to argue that disclosure of officer misconduct data should not be entrusted to the department itself.

“It all should be up on [NYC] Open Data,” Wong said, referring to the citywide portal that publishes data from various agencies, including the NYPD, on everything from 311 calls and filming permits to a census of the city’s trees.

A schedule of upcoming releases shows that the NYPD’s officer profile data was supposed to be added to Open Data by the end of last year, but that still has not happened.

A spokesperson for the city’s chief technology officer, whose agency operates the Open Data platform, did not respond to ProPublica’s request for comment.

Adrienne Schmoeker, who led the city’s Open Data program from 2016 to 2019 and served as New York City’s deputy chief analytics officer under former Mayor Bill de Blasio, said it was not unusual for data releases to fall behind schedule. But failing to publish quality data reliably, she said, risks losing the public’s trust, especially when New Yorkers assume the worst: that agencies are hiding unflattering information.

“That’s extremely problematic, even if it’s wrong,” Schmoeker said, “because it erodes the trust that is essential between New Yorkers and their government.”

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by Sergio Hernandez

Blinken Says Israeli Units Accused of Serious Violations Have Done Enough to Avoid Sanctions. Experts and Insiders Disagree.

6 months 2 weeks ago

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Years before Oct. 7, soldiers and officers in four Israeli security force units committed what the U.S. State Department would later determine to be serious human rights violations against Palestinians.

In one incident in 2019, an Israel Defense Forces soldier shot and killed an unarmed Palestinian man on the side of a road in the West Bank. That soldier was given no jail time — only three months of community service.

Under the U.S. Leahy Laws, the government must disqualify any military or law enforcement unit from receiving assistance if there’s credible information that the group had committed violations like rape or extrajudicial killings, unless the offending entity has taken adequate steps to punish the perpetrator.

On Friday, Secretary of State Antony Blinken told Congress he had determined the punishments for the soldiers and officers in all four cases — including the community service sentence — to be adequate, according to a State Department memo to Congress. The units won’t be disqualified from receiving American military assistance. The names of the units were previously reported by Al-Monitor. ProPublica obtained the memo with Blinken’s justifications.

Some experts disagreed with that decision, saying that the punishment Israel meted out in the 2019 case was not adequate. They said the decision to continue the support was another example of special treatment for Israel.

Community service is “not what would be considered appropriate punishment,” said Tim Rieser, a longtime aide to former Sen. Patrick Leahy, D-Vt., the chief author of 1997 laws that the State Department is meant to enforce.

Rieser said Blinken’s justification was “not consistent with how the law was written and how it was intended to be applied.” A former State Department official said it was a “mockery.” Both officials, along with another congressional aide, were especially troubled that during the years it had taken to assess whether Israel had sufficiently punished the perpetrators, the State Department had apparently not disqualified the units from U.S. support.

A State Department spokesperson did not answer questions about Blinken’s memo but told ProPublica the agency has taken “extensive steps to implement the Leahy law for all countries that receive applicable U.S. assistance, including Israel.” The spokesperson said the agency is continuing to review reports of violations. “Israel has a moral obligation and a strategic imperative to protect civilians,” the spokesperson added.

ProPublica previously reported that a panel of internal State Department experts, known as the Israel Leahy Vetting Forum, had sent Blinken multiple cases of violations, along with recommendations to cut units off from assistance, months ago. The recommendations were an unusual escalation after years of deferential treatment of Israel, according to people close to the forum’s activities.

Following the report three weeks ago, Blinken promised to announce his determinations “in the coming days.” At the time, several media outlets reported that the State Department was poised to sanction one of the units, Netzah Yehuda, the ultra-Orthodox military battalion that has operated in the West Bank and been accused of multiple human rights violations.

The vetting forum reviewed the unit for an incident in which commanders gagged, handcuffed and left an elderly Palestinian American man for dead. (The commanders were reprimanded and demoted but did not face prison time, according to the vetting forum’s meeting minutes.) Israel’s leaders responded by fiercely pushing back against U.S. plans to withhold American assistance from the battalion. Blinken has since delayed his decision on it, Axios reported.

Netzah Yehuda is not mentioned in Blinken’s Friday memo. In the meantime, the unit has apparently remained eligible for U.S. military assistance despite the finding that there was a violation.

“That’s an outrage and another example of special treatment for Israel,” said Charles Blaha, the former director of the State Department’s Office of Security and Human Rights and a former participant in the forum. The larger issue, he added, is that “there are literally dozens of Israeli security force units that have committed gross violations of human rights and remain eligible for assistance because of the State Department’s failure to apply the law.”

Blinken’s letter to Congress comes at a time of increasing tension between the U.S. and Israel. Last week, President Joe Biden withheld a shipment of 3,500 bombs to Israel after the country pledged to ignore international outcry and go forward with its incursion into the southern Gazan city of Rafah. It was the first known time since Hamas’ terrorist attack that the administration has halted an arms shipment. Then, on Wednesday, Biden told CNN he would not supply bombs and shells to Israel that it can use to attack Rafah, where there are 1 million civilians sheltering.

Blinken is required to inform Congress about any State Department findings of gross human rights violations that he considered to be remediated. His memo on Friday detailed four cases he apparently decided met that standard.

In one case, a senior officer in the Israeli National Police’s Ma’avarim unit deceived and coerced six women, including some in the Israeli military, to have sex with him. Another officer serving in the West Bank’s COGAT unit forced at least two Palestinian women who were seeking permits to work in Israel to have sex with him between 2013 and 2016. Both of those officers are currently serving significant prison sentences, punishments that experts said are an adequate response from the Israeli government.

In March 2016, Elor Azaria, a medic in the Israel Defense Forces’ 92nd Shimshon Battalion, killed a 20-year-old Palestinian, Abed al-Fatah al Sharif. Al Sharif was disarmed and handcuffed on the ground after stabbing an Israeli soldier when Azaria shot and killed him. Azaria was charged and convicted with manslaughter and appealed before serving nine months in prison.

The case received enormous attention in the Israeli media, spurring debate in Israel about whether the punishment was adequate.

However, experts, including some State Department officials, say the handling of the fourth case is egregious.

In that case in 2019, an unnamed officer from the Shahar Search and Rescue Battalion, which looks for Hamas weaponry and intelligence, shot and killed an unarmed Palestinian man named Ahmed Manasra. Manasra had pulled over on his way home from a wedding to help a woman on the side of the road. The soldier also shot and wounded another driver, who the soldier assumed had been throwing stones at Israeli motorists.

The soldier reached a plea deal with military judges, who acknowledged he had “made a mistake of fact when he shot the victim,” before sentencing him to three months of community service and a three-month suspended sentence. He was also removed from the military.

The Israeli military said during court proceedings that the soldier had “wrongly assumed” that Manasra was the stone thrower and that there was a report of a possible terror attack in the area before the incident, according to The Associated Press.

The Israeli Embassy declined to comment.

“To the best of the Department of State’s knowledge, the investigation and judicial processes were credible,” Blinken noted in his memo to Congress. He determined that the Israelis “are taking effective steps to bring to justice the responsible member of the Shahar Battalion.”

Blaha, one of the former forum members, said if any other country offered such a paltry punishment, his office never would have accepted it as adequate remediation. “The whole process has been such a disappointment to me,” he said.

by Brett Murphy

This School for Autistic Youth Can Cost $573,200 a Year. It Operates With Little Oversight, and Students Have Suffered.

6 months 2 weeks ago

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From the first months that Brett Ashinoff was at Shrub Oak International School in New York, his parents felt uneasy about the residential school for students with autism.

They worried that Brett, who already was thin, was losing weight. They said his nails weren’t getting cut. He would refuse to get into the car to return to Shrub Oak after visits home, sitting for hours on the porch until his father coaxed him into the vehicle.

His parents’ concerns, documented in email exchanges with school administrators, began soon after he started in April 2022 and grew over time. Brett’s speech therapy was reduced because of limited staff. He wasn’t given his medication for at least five days in a row. “Kindly accept our sincerest apologies,” Lauren Koffler, a member of the family that operates the school, wrote in an email to Brett’s mother about the medication. She said an error with the pharmacy was responsible for the lapse.

Then came a series of confrontations with overnight staff in February 2023. Brett, his parents said, had never been physically restrained at a school before going to Shrub Oak. But employees restrained the 18-year-old, who weighed 95 pounds, at least three times one week after he became aggressive with them. One of those nights, several employees took him to a padded room and held him down on the floor. He sustained injuries, including a cut on his leg, according to emails between the school and his parents.

When Brett called his mother crying and begging to leave, Russ Ashinoff, his father, got in his car and drove two hours from his home in New Jersey to Shrub Oak, located in Westchester County.

He said he arrived to find Brett shaking, his foot purple and swollen. His nose was bruised and cut. “He was inconsolable, not himself,” Ashinoff said. He took Brett to an emergency room, where he was sedated, records show. Brett had never before needed to be sedated, his father said.

Ashinoff said he tried to report suspected abuse to several agencies in New York. The attorney general’s office took his complaint but told him it didn’t have jurisdiction and referred him to the New York State Education Department, according to the attorney general’s office. The Education Department told Ashinoff that it, too, couldn’t do anything, he said.

Ashinoff scribbled notes on the back of an envelope as he was repeatedly turned away.

“I never imagined you could have a school with a bunch of kids who are vulnerable that would be a free-for-all,” said Ashinoff, a physician. “The health department comes in and looks at every McDonald’s, but nobody is going to check out a school?”

He’s right. No state agency oversees Shrub Oak, which enrolls a range of students with autism including those whom other schools declined to serve and who have severe behavioral challenges and complex medical needs. The private, for-profit school chose not to seek approval from New York’s Education Department.

That means it has gotten no meaningful oversight and state officials have had no authority over the school — over who works there, whether money is spent properly and if the curriculum and services are appropriate for students with disabilities.

Even without New York’s approval, Shrub Oak receives public money from school districts across the country that pay tuition for the students they send there.

Brett Ashinoff, 18, lived at Shrub Oak for nine months before his parents brought him home to New Jersey. (Liz Moughon/ProPublica)

Shrub Oak opened in 2018 with grand promises: beautiful dorms, an indoor therapy pool, an equestrian stable, a restaurant-quality kitchen, sophisticated security, round-the-clock care and cutting-edge education for students with autism from around the world.

Some of those promises never materialized. A ProPublica investigation — based on records from school districts, court documents and interviews with nearly 30 families and just as many workers — also found accusations of possible abuse and neglect: unexplained black eyes and bruises on students’ bodies, medication mix-ups, urine-soaked mattresses and deficient staffing. Many parents and workers, armed with confidential documents and photos of student injuries, described their futile efforts to get authorities to intervene.

Shrub Oak’s leaders declined to be interviewed. In written responses to questions from ProPublica, the school said it “handles some of the most complex cases” of students who have autism and who struggle with “significant self-injurious behaviors,” aggression and property destruction.

“Our success stories are now known among parents and many of the currently enrolled students were recommended to us via word of mouth,” the school wrote in its response, provided by crisis communications specialist Richard Bamberger. He arranged interviews with four families who said the school has been a godsend for their children.

Shrub Oak is among the most expensive therapeutic boarding schools in America. Tuition for residential students is $316,400 this school year. Many students require a dedicated aide for 16 hours a day, bringing the total to $573,200. Shrub Oak currently enrolls about 85 students, ages 7 to 23, from 13 states and Puerto Rico.

Though the school touts its expertise with students who need constant care, police records detail young people swallowing aluminum foil, plexiglass, diapers and their own feces; putting their heads or fists through windows; and running away as recently as late March.

Shrub Oak serves students on the autism spectrum who might also have challenging behavioral and medical needs. (Liz Moughon/ProPublica)

Last year, two Shrub Oak workers were criminally charged with abusing students, though one case has been dropped. The other worker is due in court on Thursday.

Shrub Oak struggles to maintain enough workers, particularly during evenings and weekends. It doesn’t always provide the dedicated aides it guarantees, records and interviews show. And the school’s leaders also have hired employees with criminal convictions for offenses including robbery and burglary — something that would be prohibited in many students’ home districts.

The New York Education Department said it does not track how many unapproved schools operate in the state. It oversees hundreds of approved private schools, which gives them the ability to issue diplomas and take tuition money directly from New York school districts.

New York’s position is that the states sending students to Shrub Oak are responsible for them. But some states and districts have struggled to monitor students’ progress or well-being or didn’t check on them in person, the ProPublica investigation found. The failures of oversight come at a time when more young people are being diagnosed with autism and school districts and families are desperate for help educating them.

Shrub Oak said the school has been working with New York to get approved. But the state Education Department and other agencies that would need to sign off said Shrub Oak has not filed applications with them.

The school said its tuition rates are reasonable, especially given all the services it provides. It defended its hiring practices, saying it gives individuals with criminal histories a second chance as long as their misconduct didn’t involve children. Shrub Oak investigates allegations of misconduct by staff members, involves police and “fires employees involved in an issue,” the school said.

Shrub Oak said it could not comment on incidents involving individual students, citing the need for confidentiality, and asked reporters to have families sign a broad waiver provided by the school’s lawyer. ProPublica’s lawyers modified the waiver to enable the school to release information relevant to ProPublica’s questions. One former adult student and a parent of another student signed that but two did not, including the Ashinoffs. Shrub Oak still declined to address individual cases without its version of the waiver.

Koffler, a top administrator at Shrub Oak, said the school uniquely serves all types of students with autism, from those learning basic life skills to others who will go to college. “It’s a beautiful thing to be able to service the entire spectrum,” she told reporters during a tour of the school.

The Ashinoffs never took their son back to Shrub Oak. They had a friend collect his things.

Brett, at home with his parents in New Jersey, would rather jump around in his bounce house or play with his dog, Otis, than talk about the nine months he spent at Shrub Oak.

“I hate Shrub Oak,” he said, barely above a whisper. He dropped his head. “It’s kind of sad,” he said, and then decided he didn’t want to talk anymore.

Brett Ashinoff plays in his inflatable bounce house in his family’s basement in New Jersey. (Liz Moughon/ProPublica)

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As Michael Koffler and his family were creating Shrub Oak in 2016, they were still dealing with the fallout from a state investigation into their alleged misuse of taxpayer money for personal gain.

That October, New York authorities publicly accused Koffler and his two sons, Brian and Daniel, of using state money intended for students with disabilities at Sunshine Developmental School, a special-education preschool in New York City, to pay family members’ inflated salaries, credit card bills and boat expenses. Some state money also paid Brian Koffler’s law school tuition, and Michael Koffler claimed maintenance on his Westhampton beach home and purchases in St. Barts as business expenses, according to the investigation by the New York state comptroller, attorney general and tax commissioner.

“We won’t allow special education programs to be exploited for personal financial gain,” then-Attorney General Eric Schneiderman said in a press release.

The family and its business, K3 Learning Inc., “launched a scheme” to avoid paying millions of dollars in personal and corporate income tax and had also created a real estate company that it used to mark up rent to Sunshine, the tax commissioner said at the time.

The family did not admit any wrongdoing but agreed to pay New York $4.3 million to settle the case. Michael Koffler’s sons have paid what they owed, records show. But Koffler and his wife are delinquent. The state issued a tax warrant, and with penalties and interest the couple now owe $2.9 million. Michael, Brian and Daniel Koffler did not respond to a request for comment. The school’s spokesperson said “the tax warrant case is unrelated to Shrub Oak.”

Sunshine Developmental School in Queens is a special-education preschool. New York state officials found in 2016 that it misspent public money. Its operators developed Shrub Oak. (Alex Bandoni/ProPublica)

Six weeks after the settlement was announced, Brian Koffler applied to establish Shrub Oak International School, the family’s first boarding school, as a business in New York. Michael Koffler used K3’s business address and his company email address in financing documents to open Shrub Oak, records show.

Shrub Oak said in its responses to ProPublica that “K3 is unrelated to Shrub Oak.” But some leaders are the same; Michael Koffler is the CEO, Brian Koffler is the general counsel and a consultant. Brian Koffler’s wife, Lauren, is head of admissions, communications and client relations. In his LinkedIn profile, Michael Koffler lists himself as K3’s CEO and under his experience there mentions Shrub Oak, calling it “a crowning achievement to date.”

Shrub Oak took over the property, a former seminary on 127 acres of rolling hills in Mohegan Lake about an hour outside of New York City, in late 2017. The goal was to enroll about 400 students, and Shrub Oak’s leaders worked to create buzz about their new project. Email blasts to school district officials touted the “extraordinary personal attention” that students would get. Advertisements promoted a luxe facility with impressive amenities. A piece in Architectural Digest extolled its renovation.

Michael Koffler in 2010, left, Lauren Koffler and Brian Koffler (Michael Koffler’s image: Jason Binn/WireImage/Getty Images. Lauren Koffler’s image: Shrub Oak leadership page. Brian Koffler’s image: Sunshine Developmental School Director’s Corner page.)

While the initial idea for Shrub Oak was to be a high-end school serving autistic students as they transitioned to adult life, leaders broadened the vision to include difficult-to-place students with immense challenges. The school then made direct pitches to public school districts, navigated states’ varying rules for funding and helped families understand how they could get public money to pay the tuition.

Shrub Oak’s leaders are currently responding to another market demand as they prepare to open their next venture this summer. The Pines at Shrub Oak, a 24-bed wing within the same building as the school, will enroll autistic students who are experiencing a psychiatric crisis.

In response to inquiries from ProPublica about Shrub Oak, the school’s spokesperson arranged interviews with families who described similar traumatic experiences that led them to send their children to Shrub Oak and why they believe the school is essential.

Ed Dasso described the pain of realizing his two autistic sons couldn’t stay at their local school or in his home because of their aggressive behavior. His school district, in a suburb west of Chicago, agreed that Shrub Oak was the best option after other schools closer to home turned them down.

As he prepared for an admissions call with the school, Dasso said he thought: “If this doesn’t work out, I think I have to give up custody of the boys.” His sons, who are 16 and 18, moved to Shrub Oak about eight months ago and Dasso said he feels that they are well cared for and are experiencing new things. “They basically saved our family and saved the boys.”

Kristin Buck expressed the same gratitude. Her 13-year-old son, Teddy, interviewed for a spot at Shrub Oak from a juvenile detention center after a violent outburst landed him in custody. He had been there for six months and was terrified, she said. At Shrub Oak, Teddy gets more attention and the school has figured out what triggers difficult behavior for him, Buck said.

“There were no other schools for Teddy,” said Buck, whose family lives in the suburbs of Chicago. “Everybody turned their back on us. What instance can you think of where the police can’t help you, hospitals can’t help you, schools can’t help you?”

A few other parents, including those not provided by the school’s spokesperson, said they are aware of troubles at the school but believe their children have done well.

“I know that it’s not perfect,” said Brandy Carbery, from Bartlett in suburban Chicago. She said that she doesn’t know where her family would be without Shrub Oak, and that her 14-year-old son Alex has taken trips into the community and enjoys the school’s sensory room. But, she added, “I know that some people have issues.”

As ProPublica was reporting on Shrub Oak, some state education officials and advocates for people with disabilities were looking more closely at the school.

Massachusetts acknowledged to ProPublica that it approved Shrub Oak two years ago in violation of its own requirements. The state allowed public money to pay students’ tuition there after it failed to realize that New York had an approval process — and that Shrub Oak had not sought that approval. The Massachusetts education department discovered the error after receiving complaints about the school from at least two districts and parents. It gave the seven districts with publicly funded students at Shrub Oak until July to find other placements for them.

And last year, Disability Rights New York, the federally appointed watchdog for people with disabilities in the state, launched an investigation and visited the school. DRNY said in recent court filings that it has received more than 40 complaints about the school, including students being denied medical attention and staff being discouraged from calling 911 — allegations the school said are false. The organization can release its findings publicly and sue to seek changes, but it does not have enforcement authority.

The group filed a lawsuit last month against the state Education Department after the agency denied responsibility for Shrub Oak and argued it didn’t have to provide records of any complaints. The department has cited the school’s nonapproved status as a reason for denying the records, saying it does not have responsibility for “investigating incidents of abuse or neglect, injury or death” or “any other oversight responsibility” at Shrub Oak.

Shrub Oak criticized the fairness of the investigation, saying DRNY and a similar agency in Connecticut have visited the school multiple times and requested documents and other information but have not shared their concerns, leaving the school unable to respond.

DRNY declined to comment to ProPublica. Disability Rights Connecticut would not comment except to say that the group has “information that is of great concern to us.”

There are currently about 85 students from 13 states and Puerto Rico enrolled at Shrub Oak. (Liz Moughon/ProPublica)

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Last October, soon after the school day ended, a Shrub Oak employee began menacing a student who was yelling, court records show. The man raised a desk over his head and threatened to throw it at the 22-year-old student from Chicago.

He also knocked on the student’s forehead with his knuckles four or five times “similar to a way a person would knock very hard on a door,” according to the sworn statement of an employee who said she witnessed the incident.

The student said, “Ouch, you are hurting me,” according to that statement, and the student at one point grabbed the right side of her stomach and cried out that she’d been hit.

The employee was fired then charged with three misdemeanors — menacing, harassment and endangering the welfare of a disabled person. He has pleaded not guilty.

A court filing describes what led to criminal charges against a former Shrub Oak worker last fall. (Obtained by ProPublica from the Yorktown Justice Court)

When the Chicago student’s mother picked up her daughter for a visit in December, she decided she wasn’t comfortable leaving her at Shrub Oak any longer. She called Chicago Public Schools and learned that Shrub Oak had not told the district that its student was the victim of the alleged abuse even though it should have, according to its contract with Shrub Oak. Chicago Public Schools confirmed the district learned of the alleged abuse of the student from her mother.

That same day, the student’s mother also called ProPublica. She and other parents spoke to reporters on the condition that their names not be used because they were afraid of retaliation by the school’s operators or feared being in the desperate position of needing to find another school and being penalized for speaking out.

“I just called Chicago Public Schools and said: ‘I’m not taking her back. This is not a safe place,’” the student’s mother told ProPublica.

Shrub Oak said it couldn’t comment about the incident or its communications with Chicago Public Schools because they are related to an individual student.

A 22-year-old student attended Shrub Oak until late last year when her family brought her home to Chicago. (Taylor Glascock, special to ProPublica)

The October incident was one of the more than 150 times that the local police responded to calls about the school since 2019 — from employees reporting student injuries to parents asking for well-being checks on their children.

In at least four other incidents involving suspected abuse, Shrub Oak told police that it had fired employees, records show. The school fired an employee in 2022 who was seen shoving a student “to the floor multiple times.” It fired another employee in November 2023 after a co-worker saw him hit a student in the head and chest and slam him to the floor.

In February of last year, Shrub Oak also fired a worker who reportedly punched two students in the stomach at night in their bedrooms. The school told police about the incident three days later. An employee who witnessed the incident told police he saw the worker punch both students and then justify it, saying, “Sometimes you have to (motioned punching) to get them to do what they have to do,” according to court records.

Listen to a 911 Call Related to the November 2023 Incident A security guard alerts authorities to the incident. (Yorktown Police Department. Edited by ProPublica for clarity and to preserve anonymity.)

The employee in the February incident was arrested, but the Westchester County district attorney’s office said it dismissed the case because of issues with gathering sufficient evidence within the required time frame for criminal cases.

The school told ProPublica that it calls the police to be transparent and impartial, and that some students make false allegations or call 911 as “negative attention-seeking behavior.”

Underlying many of the problems at Shrub Oak are staffing shortages, according to records and interviews. An internal email shows that one night, a “skeleton staff” was stretched too thin to attend to students’ hygiene. Employees provided ProPublica schedules that showed multiple students assigned to one worker even though the students required individual aides and the districts were paying for them.

Shrub Oak acknowledged the challenge of operating round-the-clock, but its spokesperson said that its staff of 400 is adequate and that the school “determines staffing levels based on student needs and contract parameters.” The school said that some students have advanced to where they can work without individual aides and that it passes any savings onto the districts.

James Roddy, a former Shrub Oak student, said the school sometimes was so short on staff “they’d literally ask other kids to watch over them.” He and another student ran away from the school one evening in January 2022 and spent the night hiding inside a Home Depot, police records show.

James Roddy, 18, is a former Shrub Oak student who lives in Utah. (Kim Raff for ProPublica)

Despite being a school that pledges to help students with intense behavioral challenges, Shrub Oak has only one certified behavioral therapist, employees and parents told ProPublica. Shrub Oak would not confirm the number.

“You send your kid to a residential school because you can’t handle all the things they need,” said the mother of one current student. “So they go to a school where they will have a team of experts, and you trust that the school will provide that. They are not providing that.”

A current employee described his concern over a student who was isolated in his bedroom as punishment. Like the Ashinoffs, he found he had nowhere to turn. He tried the state Education Department and the Justice Center, which investigates allegations that students with disabilities have been abused or neglected. He said both agencies told him they had no authority over unapproved schools.

“It broke my heart,” the employee said. “Who is watching out for these students?”

A note from Shrub Oak’s staff messaging system describes a student’s condition. (Obtained by ProPublica. Redactions by ProPublica.)

Other workers and parents expressed their alarm at failures to address students’ basic needs: medicine, hygiene and food.

“I had a student almost die because he had a seizure and almost stopped breathing. They had stopped giving him medicine,” said a former behavior specialist at the school. Police records and emails describe students taking the wrong medication or none at all. Shrub Oak told ProPublica that it has changed its medication practices.

Several parents also said their children uncharacteristically began urinating and defecating in their rooms because they were locked out of bathrooms overnight. Shrub Oak said some students have conditions that lead them to soil themselves — sometimes intentionally — and that staff are always available to let students in the locked bathrooms.

A student eats his takeout meal at Shrub Oak. (Obtained by ProPublica from the family)

And for years, Shrub Oak leaders have been telling parents that a “restaurant-quality kitchen” would be finished “by year end” or in a few months, records show.

Instead, the food mostly comes from a nearby deli, though the school says Shrub Oak’s chef and nutritionist “are beyond compare.” (The therapy pool and equestrian stable also have not been built.) Shrub Oak told ProPublica on April 12 that the kitchen is slated to open “within days,” pending completion of electrical work. As of Tuesday, the kitchen still was not open.

“The promise of this place was magic,” one mother from California said. She pulled her son from Shrub Oak last year and sent him to an approved residential school for autistic students.

“Why they’re even allowed to have a school, I have no idea,” she said.

A wing of the Shrub Oak campus is being renovated to include more dorm rooms. (Liz Moughon/ProPublica)

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Mollie Simon contributed research.

by Jennifer Smith Richards and Jodi S. Cohen