Carol Burris has followed closely the development and passage of regulations written by the U.S. Department of Education for federally-funded charter schools. The regulations, she believes, are reasonable and intended to assure that charters funded by the federal government are held to standards of transparency, honesty, and accountability.

She was taken aback to learn that rightwing groups have filed suit to block the regulations. Apparently, those filing the suit think that charters should get federal money without any oversight.

She writes about it here.

Those who want a wild west of unregulated charter schools never give up. A right-wing legal defense firm called the Pacific Legal Foundation has teamed up with the Michigan charter lobby and The Thomas B. Fordham Foundation to stop the reasonable rules of the U.S. Department of Education, claiming the Department has no right to make rules regarding the program.

Here are other lawsuits in which Pacific Legal is engaging:

· Fighting minimum wages for those who wish to move up the ladder at Texas Wally Burgers and Dairy Queens.

· Fighting opportunities for businesses of color to get some competitive advantage in obtaining government contracts after years of discrimination.

· Fighting attempts by three competitive Boston schools to expand enrollment opportunities for under-represented students of color by allotting spots by zip code.

The two plaintiffs, the Michigan Association of Public School Academies and the Thomas B. Fordham Institute, have vested financial interests in charter growth. Fordham is an authorizer of charter schools in Ohio, taking 3% of all the taxpayer dollars that the charters receive for providing “oversight.”

The argument, in its essence, is that the Department does not have the right to set up new conditions beyond what is memorialized in ESSA. If that is so, then when De Vos permitted state entities to distribute money to charter schools from their CSP grants for purposes beyond the opening and expansion of charters during the pandemic, she would have been in violation, too. Here is New York’s redistribution request that was granted. CSP funds were used for a “pandemic response,” as Betsy De Vos approved, without Congress’s permission. If the charter lobby wins this frivolous lawsuit designed to bully the Department into kowtowing to charters, perhaps taxpayers should sue to claw all of the money De Vos distributed back from charter schools.

Finally, I wonder why organizations that claim they fight for charter schools to help low-income kids succeed would run to a law firm that fights minimum wages, reduces disadvantaged kids’ chances of getting into a competitive high school, and roll back opportunities for minority-owned businesses. Perhaps their agenda has nothing to do with children at all.