Archives for category: Vouchers

Bruce Baker has written a sterling article about the real price of voucher programs. Who pays? Students.

Universal voucher programs like those of Arizona and Florida provide little, if any, educational benefit to students. They attend schools where teachers need not be certified or experienced. Their curriculum is non-existent. Their standards are phony.

The state pays for them not to get an education. The same may be said of home schooling, where in many cases uneducated parents are sharing their lack of an education with their children.

The result of this negligence is that these young people will earn less money over their lifetimes and have limited opportunities because of their mediocre or non-existent education.

The parents and the state are stigmatizing children by giving them a voucher.

The infamous federal report called “A Nation at Risk” warned about “a rising tide of mediocrity.” Today’s vouchers and home schoolers are responsible for “a rising tide of failure.”

Baker writes:

Back in January 2013, I wrote about three Kansas judges who saw right through the state’s claim that deep funding cuts would cause no harm. The Shawnee County District Court panel in Gannon v. State of Kansas (decision, p. 188) put it this way:

Simply, school opportunities do not repeat themselves and when the opportunity for a formal education passes, then for most, it is most likely gone. We all know that the struggle for an income very often – too often – overcomes the time needed to prepare intellectually for a better one.

If the position advanced here is the State’s full position, it is experimenting with our children which have no recourse from a failure of the experiment.

The Kansas experiment was a legislature cutting school budgets and betting that nobody would be hurt. That was bad enough. But at least in Kansas, the children were still in schools. There were still teachers, curricula, and test results that a court could look at.

A decade later, Arizona and Florida are running a different experiment. They hand public money to parents, place few limits on how it is spent, and ask almost nothing about whether the child learned anything. If that experiment fails for a particular child, who answers for it? Who does the 18-year-old sue?

The new experiment: money out, no questions asked

Arizona’s universal Empowerment Scholarship Account (ESA) program, expanded to all students in 2022, now serves more than 100,000 children and is expected to cost over $1 billion a year. Florida followed in 2023 with universal eligibility and a homeschool ESA, the Personalized Education Program (PEP), worth roughly $8,000 per child.

Consider what the statutes actually require of the parent. Under A.R.S. § 15-2402, the Arizona parent signs an agreement to use “a portion” of the money to provide instruction in reading, grammar, mathematics, social studies and science. That is the whole of the academic obligation. Then comes the remarkable part, subsection I: a signed agreement “constitutes school attendance” for purposes of the state’s compulsory attendance law. The contract is the education, as far as the state is concerned.

There is no testing requirement for ESA students in Arizona, no curriculum approval, no portfolio, and no evaluator. Even homeschool guides that are friendly to the program say so plainly. The state checks receipts, not learning.

Florida asks slightly more. PEP families must submit a student learning plan and have the child take a nationally norm-referenced test each year, with results sent to the scholarship funding organization (FLDOE PEP FAQ; Step Up PEP Family Handbook). But what triggers loss of funding is failing to take and submit the test, not the score. A child can test at a first-grade level in tenth grade and the money keeps flowing.

That is the experiment. The state funds the choice, defines the choice as compliance, and measures nothing that would tell anyone whether the child is learning.

What the money has bought

Reporters in both states have spent three years documenting what this money buys. Some of it was approved under the rules. Some was flagged as improper only after the fact. All of it was spent from accounts that exist, by law, to educate a child.

Baker here posts a chart that includes tickets to theme parks, video games, pianos, lingerie, jewelry, gift cards, payments to parents, trampolines, kayaks, appliances, paddle boards, LEGO sets, dolls, stuffed animals, surfboards, treadmills, swing sets, and much more. Open the link to see his chart.

In fairness to the programs’ defenders, Arizona’s education department maintains that most purchases are valid and that misspending is a small share of the total. Florida’s administrator, Step Up For Students, requires a statement of educational benefit for theme park tickets and caps them at $500 a year (WFTV). When Florida legislators tried to tighten the list in 2024, families lobbied against it and the restrictions failed.

But “small share” is the wrong frame. Arizona auto-approved purchases under $2,000 — over a million requests and $124 million — to clear a backlog, with plans to audit later. Of 18,000 parents flagged for $10.3 million in banned purchases, only six were referred for prosecution. And every audit is an audit of purchases. None asks the only question that matters to the child: was anyone teaching me to read?

The legal question: who does the 18-year-old sue?

Imagine a young woman turning 18 in Phoenix or Orlando. For a decade, her ESA paid for theme park passes, a television, a trampoline and a lot of LEGO. Nobody ever taught her to read beyond a primer. She has no transcript and no diploma. The state that funded all of it called her “in attendance” the entire time. What are her options?

I’m not a lawyer, and what follows is a policy researcher’s tour of the doctrinal terrain, not legal advice. But the terrain is not encouraging.

1. Sue the parent. Arizona abolished parental immunity in Broadbent v. Broadbent (1995), replacing it with a “reasonable and prudent parent” standard. Florida has never gone that far. So in Arizona, at least, a negligence claim against a parent is not barred at the door. But she would then run into the doctrine of educational malpractice. Since Peter W. v. San Francisco Unified School District (1976), courts have refused to recognize a duty of care for academic outcomes. They cite the lack of a workable standard of care, uncertain causation, and the burden on schools. If courts won’t hold trained, licensed educators to a duty to teach a child to read, a court is unlikely to impose one on a parent the legislature expressly freed from any measurable standard.

A narrower theory may be stronger: misappropriation. The Arizona statute says ESA money may be used “only” for the expenses of the qualified student. A diamond necklace or a family Disneyland trip is not that. A custodial-account or constructive-trust theory, treating the parent as having diverted money held for the child’s benefit, at least fits the facts. But that recovers the misspent dollars, not the lost education. And a judgment against a parent with no assets is worth little.

2. Sue the vendor. The private school, the online program, the tutoring center or the “ESA-approved” camp are private actors. A contract or consumer-fraud claim might reach a vendor that took money and delivered nothing. But a vendor that delivered exactly what was purchased (a ski pass, a paddleboard) did nothing wrong. And educational malpractice bars claims that the instruction itself was inadequate.

3. Sue the state, under the federal Constitution. This is where the Kansas panel’s warning bites hardest. San Antonio v. Rodriguez (1973) held there is no fundamental federal right to education. DeShaney v. Winnebago County(1989) held the Due Process Clause generally imposes no duty on the state to protect a child from harm inflicted by a private actor, including a parent. The one federal appellate ruling to recognize a right to a basic minimum education, Gary B. v. Whitmer (6th Cir. 2020), was vacated when the full court took it up after the case settled. She might argue that the state created the danger by funding the deprivation and deeming it lawful attendance. That theory is untested in this setting.

4. Sue the state, under the state constitution. Both states have education clauses. Florida’s is among the strongest in the country, declaring education a “paramount duty” and requiring a “high quality system of free public schools.” In Bush v. Holmes (2006), the Florida Supreme Court struck down a voucher program for diverting public funds to private schools outside that uniform system. But in Citizens for Strong Schools v. State Board of Education (2019), a divided court held that “high quality” offered no judicially manageable standard. More fundamentally, state adequacy litigation produces prospective, system-wide remedies. It is not a damages action for an individual who already aged out.

5. Ask the state to step in. Ordinarily, a child receiving no education might trigger truancy enforcement or an educational neglect inquiry. In Arizona, that door is closed by statute: the signed ESA agreement constitutes school attendance under § 15-2402(I). When the state does catch misspending, its remedy is to suspend the account or send it to collections. Any money recovered goes back to the state, not to the child whose education it was meant to buy.

So the honest answer to the legal question is: almost none. The 18-year-old is, in the Kansas panel’s words, a subject of an experiment with no recourse from its failure. The difference is that in Kansas, the state was cutting the budget of institutions still obligated to teach her. In Arizona and Florida, the state has written itself out of that obligation and handed the obligation, and the money, to someone the law does not hold to any measurable standard.

Please open the link and finish reading this excellent critique.

The U.S. Supreme Court has opened a can of worms by its recent decisions allowing public dollars to flow to religious schools.

Some of the conservative Justices claim to be “originalists,” devoted to the original text of the Constitution as it was written. Yet the Court’s six conservative Justices have blithely discarded the “separation of church and state” that was continually upheld in principle (though not always in practice).

The First Amendment to the Constitution says:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Those who think the United States was meant to be a Christian nation will find no support in the Constitution. The word “religion” appears only once, in the First Amendment. The word “religious” appears only once, in Article VI, clause 3, which says that there shall be no religious test for holding public office. (“…but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”)

The word “God” does not appear in the Constitution, nor any reference to The Ten Commandments, nor to Christianity, nor to any Biblical precepts.

The Founders clearly opposed government “establishment of religion,” which the Supreme Court interpreted as no direct government subsidy of religion or religious schools for at least 200 years. And the Founders believed that Americans should be free to practice their religion or no religion.

The Founders’ silence about religion did not signify that it was unimportant, but that it was a matter of private conscience, no business of the state to control, subsidize, censor, ban, support, or aid. This was for most of our history the long-hallowed tradition of separation of church and state.

There were, as I noted, exceptions to that principle of separation. In 1947, in the Everson decision, the Court allowed the state of New Jersey to pay transportation costs for Catholic students. In 1965, the Elementary and Secondary Education Act allowed students in Catholic schools to receive remedial services from public school teachers. That part of the law was struck down by the Supreme Court in 1985 (Aguilar v. Felton), but the Court reversed that decision in 1997 (Agostini v. Felton), so long as the students were received remedial instruction in secular subjects). In 1968, the Court allowed New York to pay the cost of textbooks for children in religious schools. In 1983, the Court allowed Minnesota to pay parents for educational expenses, including parents whose children attended religious schools. In 2002, the court approved a voucher program in Ohio for religious schools.

Clearly, the “wall of separation” had many exceptions and holes through which public aid went to students in religious schools.

In recent years, the Court has gone even farther, basically concluding that any public benefit to public and private schools should be extended to religious schools. Excluding religious schools from the same benefits as other schools, so went the argument, was a denial of religious freedom.

The prohibition of an “establishment of religion” continues shrinking with each new decision touching the issue of public funding and religious schools. The convenient fiction that sidesteps the “establishment clause” is that the public money doesn’t go to the religious school; it goes to the parents who choose the religious school.

Today, many states whose constitution unambiguously prohibits any public funding of religious schools are directly funding religious schools, without bothering to amend the language of their state constitution.

In response to the new permissiveness of the Supreme Court towards vouchers, such programs have spread in the states, although voters have never approved a state referendum to endorse vouchers. Voters don’t like vouchers, but rightwing billionaires like Jeff Yass in Pennsylvania do. Billionaires fund political campaigns. Money talks.

Now, the public awaits the crucial decision from the Supreme Court–the one that is likely either to eliminate the line between church and state. Or to draw a line in the sand.

Linda Greenhouse covered the U.S. Supreme Court for The New York Times for thirty years, from 1978 to 2008. Here are her thoughts on the issue (gift article):

Chief Justice John Roberts has accomplished so much of his agenda that it’s not easy, as he begins his 22nd Supreme Court term, to think of what unfinished business might remain.

Affirmative action is dead. Roe v. Wade is a fading memory. The Voting Rights Act of 1965 is in shreds, rendered incapable of serving its original mission of preventing states from undermining the political power of minority citizens. The executive branch agencies known collectively as the administrative state have lost their independence, with the president now able to fire nearly all agency heads for any reason or no reason at all. Federal judges are no longer to defer to an agency’s interpretation of its own authority, instead being told to decide for themselves the validity of agency regulations. Historical claims that fly under the banner of “originalism” have frozen the government’s ability to regulate the ownership of lethal weapons.

While it’s a daunting list, some readers might notice that I have omitted one major focus of the Roberts court. Doesn’t religion belong in any inventory of completed projects?

Not yet.

That may seem a startling conclusion, given how significantly the court over the past decade has reoriented the relationship between church and state — a recent law review article by three constitutional law scholars calls the shift “a systematic dismantling of the previous legal regime.” A series of decisions, most of which bear the chief justice’s name, has established the principle, without precedent in constitutional history, that whatever public benefit secular institutions get, religious institutions are entitled to as well. The first of these, in 2017, required Missouri to include a church’s school in a state program to resurface school playgrounds, despite a “no aid” provision in its Constitution that barred the state from giving money to churches. Exclusion of the church from the program, Chief Justice Roberts wrote, was “odious to our Constitution.”

In 2022, the court declared unconstitutional Maine’s exclusion of religious schools from a program that subsidizes private school tuition for families in districts without a public secondary school. If the leap from preschool playgrounds to secondary school tuition seemed head-spinning, it was a leap the chief justice did not acknowledge in his opinion, Carson v. Makin. The principles of the first decision “suffice to resolve this case,” he wrote.

That is a huge amount of ground for the Supreme Court to have traversed in a short time. More is on the way. In its new term, which begins next week, the court will decide whether the equality principle these cases have established is enough, or whether religion is entitled not just to equality but also to preference, in this instance a carve-out from the rules that constrain secular institutions. The case is from Colorado, where a state “universal preschool” program operating since 2023 offers free prekindergarten to all 4-year-olds. Families can choose any participating preschool, secular or religious, that meets the quality standards established at the direction of the legislature. One of the standards is a nondiscrimination requirement: In admitting students whose families apply, the school may not discriminate on the basis of “race, ethnicity, religious affiliation, sexual orientation, gender identity, lack of housing, income level or disability.” Some 2,000 public and private schools, including dozens of religious schools, take part in the program.

For the Archdiocese of Denver, the sexual orientation and gender identity portions of the nondiscrimination provision posed a conflict. The archdiocese requires that parents who send their children to its schools accept the Roman Catholic Church’s teachings on marriage and family, asking them before enrollment to sign a statement of “community beliefs.” Same-sex and transgender parents need not apply. The archdiocese told its parishes not to participate in the program and requested an exemption from the two provisions. The state’s Department of Early Childhood replied that there was no option in state law for an exemption; every aspect of the nondiscrimination policy applied to all.

Two parishes, St. Mary, in Littleton, and St. Bernadette, in Lakewood, sued the state, along with a husband and wife from Littleton who wanted a state-funded Catholic education for their children. (The archdiocese joined the lawsuit but was dismissed for lack of standing.) The plaintiffs’ basic argument was that under the analysis the Supreme Court applied in the secondary school tuition case from Maine, Colorado’s refusal to grant the exemption violated the First Amendment’s guarantee of the free exercise of religion. The Federal District Court in Denver, in a decision affirmed by the U.S. Court of Appeals for the 10th Circuit, disagreed.

“This case is different,” the appeals court said. It explained that while the Maine case and the cases that preceded it concerned a public program’s actual exclusion of religious schools, Colorado has “welcomed and actively solicited their participation.” The court added: “The only relevant limitation on any preschool’s participation is the nondiscrimination requirement which applies to all preschools regardless of whether they are religious or secular.” It noted that the state was neither targeting religion nor “attempting to prohibit funds from being used for religious purposes.”

The anodyne sound of that observation — that of course the state wasn’t preventing the direct use of public money for religious education — shouldn’t obscure the full dimension of the change the Supreme Court has wrought in the constitutional law on religion. The notion that the First Amendment’s other religion clause, the prohibition against the “establishment” of religion, might have anything to say about this arrangement sounds now like the vestige of a distant past, so thorough has been the establishment clause’s erasure from constitutional notice.

This case, St. Mary Catholic Parish v. Roy, puts to the justices the question of whether they are satisfied with what they have accomplished so far. Is equality enough? And if discrimination is an issue in the case, wherein does the discrimination lie?

For the Becket Fund for Religious Liberty, the powerhouse religious law firm that brought this case to the Supreme Court, the question is clear. The news release it issued in April, when the court granted its petition, offered this account: “The Supreme Court today agreed to decide whether Colorado can continue excluding Catholic families and preschools from the state’s ‘universal’ preschool program because of their faith.” A tendentious framing, but well tailored to reach the ears of those justices primed to take an apocalyptic view of any seeming incursion on the interests of religious believers.

A “friend of the court” brief filed on the state’s side by Marci Hamilton, a religion scholar known for opposition to the court’s current course, proposes this counterframing: “This court should not undermine Colorado’s commitment to equality by transforming religious freedom into a doctrine that mandates taxpayer-subsidized discrimination.”

This case has flown under the radar in the months since the court granted the Becket Fund’s petition, but it won’t remain there as the Nov. 3 argument date approaches. Equality or preference? The choice is stark — and Chief Justice Roberts’s project, for now, remains unfinished.

The New York Times asked 37 education experts to rank the best ideas for reforming schools. This is a gift article. Many of you are current or retired teachers. Please read it and share your thoughts.

The experts were asked to rank the “best ideas” by their effectiveness and their cost.

Among the five “most effective ideas” were:

  1. Small-group tutoring.
  2. Science of reading.
  3. Universal pre-K.
  4. Increase per-student funding.
  5. Increase teacher pay for high-poverty schools.

The authors–Sarah Mervosh, Francesca Paris, and Claire Cain Miller–begin:

U.S. schools are facing a daunting problem. Students simply can’t read or do math as well as they used to.

Student test scores have declined over the last decade, in an academic slump that started before the pandemic and has continued since. Compared with 2015, reading scores are down in 83 percent of districts, and math declines are nearly as pervasive.

But improving student achievement is notoriously difficult. Do schools need more money? Better teachers? More standardized testing? Less?

What could actually help turn things around?

We asked 37 top academics and researchers who study education to rate a range of ideas for both effectiveness and cost, on a scale of 1 to 7.

*****£*******

Overall, no single idea was enough on its own, experts said. And no idea would be successful unless it was executed well. But the results showed there are a number of ideas that can work.

We asked experts to evaluate each idea for its impact on academic achievement, which is generally measured by standardized test scores.

Lots of other things matter, too, including enrichment activities like the arts, teacher work satisfaction, and student excitementabout learning. Children also have other needs beyond academics, including mental health and well-being.

But given the results of the last decade, we were interested in what could lift student achievement, which is tied to many later life outcomes, for students, society and the economy.

Interestingly, the least effective idea was “private school vouchers.” Second, reduced class size. Third, increase all teacher pay.

Among the comments, the most frequent complaint was: “Why didn’t you ask the real experts–the teachers?”

My biggest complaint about the survey and the responses is that it omits the most powerful influences on student performance in the classroom: the effects of poverty, family stability and support, health, and other factors outside the teacher’s control. According to the American Statistical Association, about 1-14% of variation in test scores is under the teachers’ control. This is not to say that teachers don’t make a difference, but that you can’t change a child’s academic performance if he or she is persistently sick, absent, has vision or dental problems, doesn’t get fed regularly, and lives in substandard housing.

I didn’t see any mention of community schools, which address some of these problems, making sure that children have medical check-ups, dental and vision screening, have a food pantry and clothing supply, offer job counseling for parents, etc. That is, the school recognizes that the children’s well-being is a necessary precondition to school performance.

I don’t have all the answers. Some of the ideas in the survey are good; some don’t go far enough. But if this I feel sure: children are at their best when they are healthy, when they are well-nourished, when they don’t worry about the physical safety of themselves or their family, when they have a stable home.

Maybe that is too much to hope for in our highly individualistic society, where everyone is on their own and expected to pull themselves up by their own bootstraps, even if they don’t have any bootstraps.

Recommended reading:

Richard Rothstein, Class and Schools.

Richard Wilkinson and Kate Pickett, The Spirit Level

A team of reporters from ProPublica learned that almost anyone can get approved to open a new private school, regardless of their experience and background. They found out by doing it themselves.

This story encapsulates the downward slide of American education since the first charter school opened in 1992 in Wisconsin. In pursuit of innovation or deregulation or whatever, many states have gone too far, to the point where anyone can open a school. Anyone can teach. No accountability. In Arkansas, the reporters needed only to fill out a form on the Internet, pay $45, and buy an American flag. That’s all! They had their own school and were eligible to get public money from the state voucher program. After January 1, their “school” would qualify for federal voucher money too!

They wrote:

We have no business running a private school.

We’re reporters, not teachers. That doesn’t matter. Inexperience has hardly been a barrier for those who want to start their own schools, as we have reported this year. And it didn’t stop us, either. 

Over the last few months, to test the process, reporters from ProPublica partnered with local journalists in three states to establish private schools. None required much effort.

In Arkansas, all it took was a few clicks on the Arkansas secretary of state website, $45 and an American flag to form a bona fide private school with the Arkansas Times.

We established a school with Mountain State Spotlight in West Virginia after filing our new school’s name and location with authorities on a piece of notebook paper, then exchanging a few emails.

And with The Assembly in North Carolina, we filed an online notice of intent to open a private school at Ponysaurus Brewing Co. in Durham, while perched on its metal bar stools, eyeing glasses of a crisp kolsch.

We used our names and news organization email addresses, following each state’s rules for starting private or microschools, a type of private school intended for just a few students. Experience running a school wasn’t needed. No one from any of the states asked us about our backgrounds or qualifications, though West Virginia did ask for proof of a high school diploma. No one questioned what we plan to teach or how we would measure whether students are learning.

And yet we could enroll students in two states right now, if we wanted to. Arkansas even suggested ways our school could accept public money through the state’s voucher-style program.

For the record, we are not enrolling students and have no intention of operating our new schools. We did, however, register a website for our new school ventures, ProPublicaAcademy.com, and even designed some fun pencils to show our school spirit.

This year, a team of ProPublica reporters has been documenting how the American education landscape is shifting dramatically as states use public money to help fund private schools. With few regulations, hundreds of new private and microschools have proliferated.

Our reporting has shown the relative ease with which people — some with questionable backgrounds — founded their own schools in unusual places. They’ve popped up in barns and on farms, in strip malls between an antique shop and an ax-throwing business and in churches, where lighting and sound for worship services is part of the curriculum.

All of this led to a clear reporting question: If the hurdles to open a private school are so low, could we do it? And what would we learn along the way?

Smith Richards, Cohen and Strain, in the Arkansas Times newsroom at Strain’s cubicle, apply online to found a private school.

Open their graphic to see which nine states allow anyone to open a school with no curriculum, no standards, no testing, no experience.

In the Public Interest is an organization devoted to protecting the public interest. We live in an era when the public sector is at risk of being privatized, so that private sector organizations can extract profits. This project is reflected in the privatization of hospitals, vegetarian practices, nursing homes, retirement communities, private homes, and any other opportunity to turn a profit. All too often, the private owners drain their prize of profit, bankrupt them and move on.

This is happening in public schools, where entrepreneurs have persuaded many cereal and state officials that they can run schools better and for lest cost than educators.

The public has NEVER approved a voucher program yet they are being passed by state legislatures, adopted despite parents’ opposition. Now comes a federal voucher program, which mainly subsidizes the tuition of students in private and religious schools. Some public schools kids take a voucher, but whatever comparable data exist, the children lose ground compared to those who attend the public school they abandoned.

For every student who leaves public schools, the school must make cuts. Will it be sports, recess, the arts, or larger class size?

It’s basically a lose-lose situation: the public schools lose students and funding. The voucher achools hire uncertified teachers and are unable to match the certified teachers in the public school.

Here is a commentary on the federal voucher program by Jeff Hagan of In the Public Interest:

New proposed regulations released for public comment regarding the federal tax credit school voucher program have done nothing to alleviate concerns that the federal program—a tax program administered through the Treasury department—will further undermine public education in the United States.

“Not only is the program not in the best interest of the nation’s school children, it’s not in the best interest of the nation itself,” says Shar Habibi, executive director and research director of In the Public Interest, a national research and advocacy organization that explores the role of privatization of public things, including education.

“To our school children we owe the best possible education, and this lets them down,” she says. “Nothing about this program suggests that supporting and improving academic and educational outcomes for children–especially our most vulnerable children–were considered in its development. The fact that it is—as even supporters state—“a tax law…not an educational program” tells you what this legislation was always about: a subsidy for wealthy families who already send their children to private schools.”

In the Public Interest has long been opposed to school vouchers at every level.

“School vouchers have never been in the public interest,” says Leigh Dingerson, senior fellow at In the Public Interest. “They offer taxpayer dollars to private and religious schools, draining resources for our public schools. Where public schools are and have always been ‘the great equalizer,’  vouchers only divide us.”

Habibi points out that the problems with vouchers go beyond the schoolhouse.

“Vouchers put the nation as a whole at risk. A strong, nationwide system of public schooling is essential to a thriving democracy and a robust economy.”  

While President Trump promised to “return education to the states,” this program in fact denies states the ability to choose how to ensure — as every state constitution requires — that all children have access to a quality education, free of charge.

Under this program, multi-million-dollar organizations can collect donations and hand out school vouchers in virtually any state in the country that agrees to participate, with little oversight from state policymakers or voters and with no regard to the state’s history or vision for providing public education to its children.

This federal school voucher program will, over time, lead to the decimation of our nation’s system of public schools. ITPI’s already-stated position that all states decline to participate in the program has not changed with the release of these new regulations.

##

The Network for Public Education is dedicated to the preservation and improvement of public schools. Public schools are a foundation stone of our democracy. Nearly 90% of American students are enrolled in public schools.

We urge concerned citizens to write to their Governor and tell them NOT to participate in the federal voucher program!

Every community needs high-quality public schools but diverting public money to private alternatives weakens public schools.

Public money should be spent in public schools.

The Trump administration does not like public schools. It encourages public funding for religious schools, vouchers, charter schools, for-profit schools, and home schools. Research and experience teach that these alternatives choose their students and they discriminate. And they get worse academic results than public schools.

Voucher schools are free to reject students with disabilities. Unlike public schools, students in special education have no rights.

Do not fall for the machinations of the Trump regime against public schools. Their intentions are not good. They loathe public schools, the schools that educated 90% of all Americans and created the greatest nation in the world.

From NPE executive director Carol Burris:

October 2, 2026

The Network for Public Education Urges Governors Not to Opt-in to the Federal Voucher Program

On October 1, the U.S. Treasury Department released regulations for the federal tax creditvoucher program that was slipped into the One Big Beautiful Bill Act and pushed through reconciliation.

The rules confirm that this program will advantage sending public dollars to private and religious schools, including schools that freely discriminate. Governors must decide whether to opt-in by January 1.

We make our recommendation that states not opt-in based on the following:

Opting in allows federal tax dollars to fund discrimination against children.

When a state opts in, federal tax dollars can flow to private and religious schools and other providers that discriminate against students based on disability, academic challenges, LGBTQ status, or religion. States are expressly forbidden from adding protections of their own.

Opting in pushes cash-strapped public schools toward “pay to play.”

The regulations allow scholarships for public school students to cover services such as tutoring or extra special education services. However, nothing in the regulations stops public schools from turning programs they now fund into paid services that would require families to scramble to cover with scholarships.

A struggling district could convert elementary band, middle school art, or high school SAT prep into programs paid for with these vouchers. Here is the catch: to do that, the district must first charge parents. Some students will get a voucher. Others will not. Children whose parents cannot pay will be shut out.

This moves us one step closer to libertarian Milton Friedman’s vision, in which parents pay to educate their children and public education disappears. Make no mistake. This has been the far right’s goal for decades.

Opting in now creates a blind commitment to a program designed by those who actively undermine public schools.

At this point, the regulations are not final nor has Treasury released its Guidance regarding what expenses will be eligible under the program. That Guidance is expected “by the end of the year,”according to Kevin Salinger at Treasury. Without the Department’s Guidance for what qualifies as an eligible expense, a governor may opt-in, only to find out that virtually any spending that makes its way to public schools or districts has been disallowed. And then they’re stuck, because it’s clear that once in, states cannot back out until the following year.

Opting in fuels the growth of schools without rules.

As privatization has expanded, NPE has documented the fraud, abuse, and chaos that charter and voucher programs have produced. Dangling more tax dollars with few restrictions will draw more bad actors into education, opening low-cost, experimental schools that mislead parents and shortchange children.

States cannot block money from flowing to schools with poor fiscal or academic records. They cannot require public reporting on how funds are used or which students are served. They cannot add safeguards against waste and fraud.

Opting in adds to an unsustainable federal deficit.

Treasury projects that by 2030 the program could cost $26 billion a year in lost federal revenue.

That is more than Title I or IDEA, the largest federal programs supporting public schools.

Opting in will drain donations from charities American families depend on.

Large, respected charities like St. Jude Children’s Research Hospital, and smaller ones that fund suicide prevention centers and domestic violence shelters, will now compete with a program that offers a dollar-for-dollar tax credit instead of a deduction. In an affordability crisis, donors will be drawn to giving that returns their entire contribution.

We encourage friends of public education to act today. Write your governor with a simple message: Do not opt our state into the federal voucher program. Then urge your members of Congress to repeal it. Join the millions of Americans who treasure public education and recognize this voucher program for what it is—a stealth attempt to destroy our beloved public schools.

Starting on January 1, 2027, the federal government will sponsor its own voucher program. In this post, Peter Greene explains how the new program will work. You can be sure that every dollar spent on charter schools and vouchers will be taken away from public schools.

Peter Greene writes:

Since Congress passed President Donald Trump’s One Big Beautiful Bill with its federal school voucher, questions have abounded about the exact form that the tax credit program would take. Today the Treasury Department released proposed rules for the voucher program, and some of those questions are being answered

One of the persistent questions has been how much flexibility will states have in how the program is administered. The answer that came today is “Not very much.”

The basic structure of the tax credit voucher program works like this: a taxpayer redirects $1,700 to a scholarship granting organization (SGO) and receives a dollar-for-dollar tax credit. The SGO uses that money (minus an up-to-10% administrative fee) to grant scholarships to students, who may then use the money for educational expenses. 

While the state must require SGOs to meet the state’s requirements for charitable organizations, the state may not put restrictions on how the SGO operates “such as by limiting the type of school that scholarship recipients may attend or the types of qualified elementary or secondary education expenses for which scholarship funds may be used.” 

This restriction on restrictions dovetails with the voucher movement’s push to render legal the use of redirected taxpayer dollars to fund religious schools without setting limits on how those schools can discriminate.

The rules appear to solidify the idea that an SGO cannot be removed by the state for reasons other than failure to comply with the law’s SGO requirements. These requirements simply require an SGHO to serve at least ten eligible students and spend the appropriate amount of money on the vouchers. Nothing in the law requires SGOs to monitor or assess the educational quality of the vendors who receive the money.

The rules issued do indicate that an SGO can choose to limit its scholarships “to specific subject matter” or to students whose household income is less than 80% of the area median gross income, but it appears that those limits would be placed at the SGO’s discretion and not the state’s.

The federal voucher program caps eligibility at 300% of area median gross income, a generous cap that would make the vast majority of American families eligible for the voucher. 

The rules published today show that if a state wanted to, for instance, add restrictions that directed vouchers only to low-income students or students in particular communities, they could not do so. Nor could they impose any restrictions that would keep the voucher dollars from going to religious schools. 

In short, any governors who expected to use these redirected taxpayer dollars in ways that aligned with their own policy goals may need to reconsider. If they opt in, their hands are tied.

There are other details to be dug out and discussed, but one rule guarantees that these discussions may go on forever. While some “stakeholders” recommended restricting state’s ability to opt out after opting in, the rules indicate that a governor will opt in for just one year at a time.

Bruce Baker taught for many years at Rutgers University in New Jersey. He now teaches education policy at the University of Miami. He will have many opportunities to observe and document edu-grifting in Florida.

In this post, he identities the five biggest charter scandals and explains how they worked. Much of what you will read was called “legal graft” by past pundits. In other words, the charter operators collect millions in public funds while providing a dubious education, and they get away scot-free.

In other words, take the money and run. No consequences.

He writes:

Five cases, four mechanisms, one ranking: this post lines up the biggest fraud prosecutions, the biggest company-store combination, and the biggest sweeps contract in the charter sector’s history against the single largest real-estate deal any operator has ever built, and asks which one moved the most money. The answer isn’t the one with an indictment attached.

In The Grift Model I group the ways charter operators route public money into private hands into four repeating types: enrollment inflation (getting paid for students who aren’t really being educated — phantom seats, unverifiable attendance, ghost enrollees); related-party transactions (a school’s own board or executives sitting on both sides of a contract); the company store (a captive vendor a school is required to buy from — curriculum, credentials, back-office services — that happens to be owned by the people running the school); and real estate (buying, or arranging for a related party to buy, the very buildings public dollars already financed, then leasing them back at a markup).

What I hadn’t done before is put the five biggest documented cases — regardless of category — on the same page and rank them by dollar figure. A caveat before I do: these numbers come from different kinds of documents (a criminal restitution order isn’t the same instrument as a municipal bond prospectus), cover different time spans, and in a couple of cases reflect an auditor’s or a prosecutor’s counting choice as much as anyone’s. I’m ranking them anyway, because the comparison itself is the point — and because the single largest number on this list isn’t attached to anyone’s indictment.

Here they are, five to one.

5. White Hat Management, Ohio: about $100 million over a decade

White Hat’s “sweeps” contracts with ten Hope Academy and Life Skills Center campuses in Cleveland and Akron routed roughly 95 percent of each school’s state funding to the management company, which then handled teacher salaries, facilities, and operations with minimal board oversight — company-store logic applied to an entire school’s back office rather than one vendor line. Over a decade that added up to something like $100 million. When several of the nonprofit boards tried to switch management companies, White Hat argued the computers, furniture, and classroom equipment it had bought with that money belonged to White Hat, not the schools — meaning the boards would have to buy back the property their own public funding had already paid for once.

In 2015, a divided Ohio Supreme Court sided with White Hat, 4–3, upholding the buy-back scheme as an enforceable contract term. Justice Paul Pfeifer’s dissent put it about as plainly as a judicial opinion gets: “the contracts require that after the public pays to buy those materials for a public use, the public must then pay the companies if it wants to retain ownership of the materials.” Justice William O’Neill called it, in a dissent The Progressive covered in full, “a fraudulent conversion of public funds into personal profit.” Neither dissent changed the outcome. Nobody broke a law here — a state’s highest court looked at the arithmetic and, on the merits, said it was fine. (Court News Ohio’s case summary has the full procedural history.)

4. ECOT, Ohio: $117 million ordered repaid

Electronic Classroom of Tomorrow was, at its peak, Ohio’s largest online charter school. Ohio funds schools on a formula built around enrollment and documented hours of learning activity — a formula that works fine when “attendance” means a body in a classroom, and considerably less well when it means a login timestamp nobody is verifying. A state audit covering fiscal years 2016 through 2018 found ECOT couldn’t substantiate the participation hours behind a large share of the funding it had claimed. The Ohio Auditor of State’s officeultimately found the school owed $106.6 million to the Ohio Department of Education, plus additional findings against ECOT-affiliated management entities, for a combined total just over $117 million. ECOT shut down in January 2018 rather than pay it back; Ideastream’s coverage of the final audit and the Dayton Daily News both note the state has spent the years since trying to collect. A related judgment against affiliated entities separately reached $161.6 million. It remains the largest attendance-fraud clawback in the sector’s history: virtual schools, virtual kids, real dollars.

3. Chester Community Charter School / CSMI, Pennsylvania: roughly $122 million combined

This is the case I use to show what happens when the company store, related-party real estate, and plain self-dealing all show up in a single school under a single owner. Chester Community Charter, Pennsylvania’s largest brick-and-mortar charter, is managed by CSMI, a company controlled by Vahan Gureghian. A 2009 Philadelphia Inquirer public-records fightestablished that CSMI had been paid roughly $60.6 million in management fees since 1999. In 2010, Gureghian sold the school’s buildings — which he owned personally — to a newly created nonprofit, for the specific and sole purpose of leasing them back to the school, for $50.7 million, financed through municipal bonds and requiring roughly $4 million a year in lease payments; Pennsylvania’s Auditor General found the school had also improperly claimed $1.27 million in state lease reimbursements on buildings the program’s own rules made ineligible, because the “related parties” on both sides of the lease were, functionally, the same person before and after the sale. Then, in 2016, a federal Office of Inspector General audit found that the school’s CEO — Gureghian himself — had written checks to himself totaling $11 million without board approval. Add the pieces up and you get a single owner, across roughly fifteen years, sitting on every side of upward of $122 million in transactions with the school he ran. No criminal charges resulted from any of it.

2. The A3 charter network, California: $400 million generated, about $80 million allegedly diverted

Between 2015 and 2019, Sean McManus and Jason Schrock used a network of 19 online charter schools, partnerships with struggling private schools, and summer athletic programs to enroll thousands of students who, per prosecutors, never took a class. The scheme generated roughly $400 million in California public education funding; investigators alleged about $80 million of it was funneled into companies the two men controlled. Voice of San Diego’s account calls it, by the state’s own description, one of the largest charter-school fraud cases in the country’s history — and yet neither man served a day in prison. McManus, an Australian citizen, was sentenced to four years but served it under house arrest with an ankle monitor in Australia; Schrock’s ankle-monitor time was credited against his sentence. Nine other defendants pleaded to reduced or misdemeanor charges. Both men paid roughly $19 million each in fines and restitution, and the California State Controller’s office says the state has recovered more than $240 million overall — real money back, on a fraud whose architects never spent a night in a cell.

1. National Heritage Academies, Michigan and six other states: $853.6 million

In 2021, National Heritage Academies — the country’s third-largest for-profit charter operator, with more than 90 schools — arranged to sell 69 of its campuses across seven states to Campus Partners 1, a nonprofit newly created for the transaction, with no operating history and, at the time reporters looked, no registration on file with Michigan’s attorney general. NHA’s owner, J.C. Huizenga, controls both the seller’s side (through Charter Development Co., which retained the facility-maintenance and ground-lease contracts) and, through his general counsel installed as the new nonprofit’s president, effectively the buyer’s side as well. The purchase was financed through $853.6 million in tax-exempt municipal bonds, issued by an industrial development authority in La Paz County, Arizona — a jurisdiction with no obvious relationship to any of the seven states where the schools actually sit. The schools then signed 30-year leases back to the very entities that had just “sold” them. Network for Public Education’s account and NCSPE’s coverage at Teachers College, Columbia University both flag the same detail: nothing about this required hiding anything, and no one has been indicted. Local commissions in Michigan raised transparency objections and briefly slowed a few approvals, but the deal closed.

It is, by a wide margin, the largest single dollar figure on this list — more than double the other four cases combined — and it’s the cleanest illustration in the sector of this project’s core argument: the extraction that scales isn’t the kind that needs a prosecutor. It’s the kind a bond market is happy to underwrite.

Open the link to see his comparisons of these five top educators-grifts.

In January 2027, the federal government will launch a new voucher program. It’s available to states if the Governor opted to participate. The program was part of what Trump called his “One Big Beautiful Bill,” but which critics called “One Big Ugly Bill,” because it locked in big tax cuts for the wealthiest while cutting benefits for middle-class and poor Americans.

At the recent conference of the Network for Public Education, our board met to discuss whether we would support resistance or collaboration. Although we understand that some schools want to capture any money they can to support their students, we decided to stand strongly for the principle: PUBLIC DOLLARS FOR PUBLIC SCHOOLS. AND ONLY PUBLIC SCHOOLS. we concluded that if public schools accept vouchers, it will normalize the ideas embedded in the program, that is, that education is a consumer good. We believe it is a civic responsibility.

Leigh Dingerson’s description of this new program was published by In the Public Interest, which reports about the privatization of everything.

Public schools may participate in the program, but only for programs and activities that they do not already provide, like after-school tutoring, transportation, and field trips.

Leigh Dingerson wrote:

The idea that government has an inherent interest in providing a free, public education for every child used to be sacrosanct, except among a small set of radical reformers like Milton Friedman. But a 40-year campaign for “school choice” has quietly gathered steam. Proponents of privatization are now openly acknowledging that their sights are set on eliminating public schools. They want to eliminate the U.S. Department of Education (founded to ensure the civil rights of children in schools) and offer no-strings-attached public dollars to private and religious schools. And now, a lawsuit filed in Nebraska just this month argues that the U.S. system of public schools violates the First Amendment and asks the state to declare public schools unconstitutional.

The first nationwide, federally funded school voucher program is set to begin in January, but it has already become a political football in both red and blue states. Governors are being pressured to allow vouchers to be handed out in their states, and deep-pocketed special interests like the Heritage Foundation and large faith-based networks are spending tens of millions of dollars to build the infrastructure to funnel federal funds into private and religious schools.

There is much we don’t yet know about the program, including the mechanism to collect and dole out the money via Scholarship Granting Organizations (SGOs). Regulations are being developed by the Department of the Treasury and are expected within weeks. But we do know this: States are not obligated to participate in this program. In fact, governors or other designated agencies must decide annually whether to allow federally funded vouchers to be handed out in their states.  

What Can Be Done?

The implications of almost-universal private school vouchers are enormous. The federal tax credit voucher program signals a massive shift towards a privatized, market-based system with few if any guardrails to serve our most vulnerable students, ensure equity, rein in discrimination, or address educational quality.

What can state advocates and policymakers do?

Encourage your governor to opt out of the program.

  • The governors of Wisconsin, Minnesota, and Oregon have publicly announced their intention to decline to participate in the voucher program. Remember that the decision to participate or opt out of participation in the program must be made Governors may simply wait a year to see how the program plays out.

Consider legislation to narrow or guide your state’s participation.

  • Vermont has enacted a law that establishes criteria under which the state will participate in the program. It includes that SGOs have a “core mission of providing educational opportunities to economically underprivileged students” and that neither the SGO nor any school that receives funding under the program may “discriminate against any student” in a variety of categories. It also requires each SGO to report annually to the House and Senate Committees on Education, including data on the use of the voucher funds and the individuals receiving them.
  • In Rhode Island, the legislature has passed legislation which requires that both the legislature and the governor must jointly approve any decision to opt in to the program.

Watch for efforts to commit state funding to corporate entities vying to help administer the program.

  • A number of corporate entities have been created to “facilitate” and profit from the implementation of this program. For example, in Florida the legislature recently earmarked $2 million in its budget, apparently to contract with LearningSpring, a Denver-based start-up affiliated with the Koch network, to offer an online platform to help administer the federal voucher program.

Understand where your state might have authority to protect public education and ensure the integrity of taxpayer spending in the private market.

  • Familiarize yourself with your state’s private school (and homeschool) regulations and consider legislative language to strengthen them, and understand any state requirements for registered nonprofit organizations and whether they place any restrictions on, or allow oversight of, Scholarship Granting Organizations.

 What’s the matter with vouchers? The research is clear.

School vouchers are not new. We have half-a-century of experience with vouchers. Education Law Center’s Public Funds for Public Schools Project documents the many additional and important down-sides to vouchers. Among them:

 As students return to schools this fall, some have noted that this may be “the last normal year” for American schools.  It’s important for advocates of public education to make sure this critical institution doesn’t crumble.

Leigh Dingerson
Senior Research Fellow

Additional Resources

The following organizations offer additional resources on vouchers and the federal voucher program:

Education Law Center
Public Funds for Public Schools project.
The National Coalition for Public Education
The Network for Public Education

Peter Greene, our brilliant champion of good sense and reason, writes about the specter that energizes the privatization movement. Milton Friedman, leader of unfettered capitalism, encouraged his followers to abandon public schools. We are living with the consequences of this disastrous ideology, funding failing charter schools, funding semi-literate home schools, funding intolerant religious schools, funding grifters and phonies whose only interest is profit.

Greene wrote:

We’ve discussed, many times (e.g. here and here) Milton Friendman’s ideas for education, pretty simply described as “burn down public schools and replace them with a private free market for education.” Nancy McLean summed it up like this in 2021:

He and his libertarian allies saw vouchers as a temporary first step on the path to school privatization. He didn’t intend for governments to subsidize private education forever. Rather, once the public schools were gone, Friedman envisioned parents eventually shouldering the full cost of private schooling without support from taxpayers. Only in some “charity” cases might governments still provide funding for tuition.

Friedman first articulated this outlook in his 1955 manifesto, but he clung to it for half a century, explaining in 2004, “In my ideal world, government would not be responsible for providing education any more than it is for providing food and clothing.” Four months before his death in 2006, when he spoke to a meeting of the conservative American Legislative Exchange Council (ALEC), he was especially frank. Addressing how to give parents control of their children’s education, Friedman said, “The ideal way would be to abolish the public school system and eliminate all the taxes that pay for it.”

Friedman liked the idea of vouchers, but mostly as a way to get the free market mainlined into the nation’s education system. And to really understand what that means, we need to understand how Friedman saw the free market.

Many public school supporters (including me) have argued that Friedman’s free market love is misplaced because of course a free market would choose winners and losers in a system with multiple tiers. Don’t you get it, we have brayed lustily– A free market education system would result in all sorts in inequality for students in school and society at large.

The ghost of Milton Friedman replies, “Don’t threaten me with a good time.”

For Friedman, the free market was not a magical engine for equality and uplifting one and all. Instead, it was a system that perfectly suits a world that is– and ideally ought to be– filled with inequality between people.

Society is filed with winners and losers, and the free market is an excellent way to sort them out. Society is inevitably, and correctly, hierarchal and unequal. Friedman wrote in Free to Choose, “Life is not fair. It is tempting to believe that government can rectify what nature has spawned,” without any sense that government might have had a hand in creating that unfairness. Nor could Friedman ever really grasp the notion that power imbalances were self-perpetuating by the system and not some sort of natural and just occurrences (Friedman never, ever came up with a convincing free market answer for racist elements of business and society).

That’s only the beginning. Please open the link and read it all. It’s an excellent description of the ideology that is undermining our public schools. Not to make society better, but to make it worse.