Archives for the month of: July, 2025

Andru Volinsky is a lawyer, a former elected official, and a public school activist in New Hampshire. In this post, he criticizes the Republican drive to increase home schooling, charter schools, and vouchers while rolling back child labor laws.

Writing in IndepthNH, Volinsky says:

A Book, an Idea and a Goat.

From ‘A Book, an Idea and a Goat,’ Andru Volinsky’s weekly newsletter on Substack is primarily devoted to writing about the national movement for fair school funding and other means of effecting social change. Here’s the link:  https://substack.com/@andruvolinsky?utm_source=profile-page

By ANDRU VOLINSKY

Last week I wrote about Trump and the Freestaters’ War on Children. You can find that post here.

At the same time that the MAGA Right pushes to expand taxpayer-funded school vouchers in NH and elsewhere, it also presses to relax child labor laws. Remember, these nasties coordinate their efforts to undermine the public good through forums like ALEC. This same tandem of legislation is happening in state legislatures across the country. Twenty-eight states introduced legislation in the last few terms to turn back the clock on child labor protections. Thirty states have some form of taxpayer-funded school voucher program. Project 2025, the Trumpian roadmap, includes a provision to reverse protections against children working in inherently hazardous jobs and justifies this rollback as a way of respecting “parental choice” in the matter.

States regulate the hours and conditions of child labor. Federal legislation focuses on hazardous jobs. In 2022, the NH legislature passed and Governor Chris Sununu signed into law a bill that expanded permissible working hours for 16 and 17 year olds and lowered the age at which children can work in establishments that serve liquor to 14.

The bill was sponsored by Senators Hennessey (R) and Guida (R) and was roughly passed on party lines with the exception of Manchester’s then two senators, Donna Soucy (D) and Kevin Cavanaugh (D), who voted to support the less restrictive child labor laws that affect restaurants and bars not owned by the parents of the working child.

Is this where we are heading?

Abuse and Neglect in NH’s Home Schooled Population

Is abuse or neglect in home schooled children a problem? Is it more prevalent in families who home school their children than in families where children are in regular contact with educators and other staff at public or private schools? I classify families who home school but who have their children regularly participate in some public school programming as traditional school families.

My post last week mentioned that I filed a public information request seeking documents that concern NH Department of Education studies of abuse or neglect in the vulnerable population of children who are home schooled. Most states have mechanisms for querying public officials about the existence of documents. NH’s law is called, “Right to Know.“ The federal law is called the “Freedom of Information Act” (or FOIA).

Since NH will now pay any family in the state a bounty of $2500 to take their kids out of public school, it would be good to know that we, as a state, are meeting our responsibility to protect these children from abuse and neglect. That’s why I asked for access to relevant documents of the NH Department of Education.

Drumroll please….

The state’s responses show that during the eight years that Education Commissioner Frank Edelblut and State Education Board Chair Drew Cline were in charge and pushed for expanding taxpayer-funded vouchers to remove children from public schools, they did nothing to determine if home schooled children are abused, neglected or, for that matter, if they learn.

1. The NH Department of Education did not collect any information about children who are withdrawn from public school including even those children who school personnel specifically identified as being potentially abused or neglected.

The above is true even though a parent or guardian need only fill out a form to remove a child from school and can fill out the form retroactively. The home schooling initiation process is ready made to protect a parent or guardian when s/he gets wind of an abuse or neglect investigation. Simply keep the kid home and fill out a form after the fact.

2. While public schools are subject to all kinds of regulations and assessments, NH has not collected any data about the “efficacy” of home schooling in New Hampshire. I defined “efficacy” as “how well or poorly a child is prepared to pursue higher education or move into the work force or join the military after completing the equivalent of a high school degree.“

In NH, home schooling is defined by statute as “Instruction shall be deemed home education if it consists of instruction in science, mathematics, language, government, history, health, reading, writing, spelling, the history of the constitutions of New Hampshire and the United States, and an exposure to and appreciation of art and music. Home education shall be provided, coordinated, or directed by a parent for his or her own child.” The NH Education Department, the local school district or a non-public school may work with parents to meet these requirements, but only if the parents ask.

There is also no required, meaningful assessment process, evaluation of the home school curriculum or even review of a home schooler’s portfolio, unless the parent specifically asks for it and then the parent chooses the evaluator, who need not be a credentialed educator. The home school portfolio is expressly made property of the parents, I assume, so it cannot be reviewed without a search warrant. Certification of the completion of a program of home schooling is accomplished by the parent filing a form saying the kid is done. NH law absolves school districts from any liability if a home schooled fails to receive a free appropriate public education (FAPE) which is the requirement for a proper program of studies for children with disabilities who qualify for special ed.

The NH Department of Education produced some basic survey data about home schooling and private education. The data come from a report commissioned by the NH Department of Education and released January 2, 2024 entitled, “Key Findings From New Hampshire Department of Education Study of Non-Public-Schooling Parents.” The 15-page study asked private school and home schooled families their views of public schools.

Two notes about the report. First, the sample size was minuscule and self-selected.

Just over 165,000 children attended public school in NH during the target year for the survey. These families’ opinions were not part of the survey. About 10-12 percent of school-aged children in NH attend private schools or are home schooled. That’s 16,000 to about 20,000 children. Since NH doesn’t keep track of these kids, there was no list to contact these families. The surveyors instead used various opt-in methods and only managed to get 334 responses, about one third from home schoolers. Yet, Edelblut published the report.

Second, to hide the minuscule survey size, all responses in the report are presented only in a percentage format. A whopping 73 percent of home school parents reported that they believe their child would be emotionally or mentally safer at home than in public school. What a condemnation of the public school system! But, as there were just over 100 home school parents that participated, this means about 75 people (+/- 10 percent) felt this way.

My educator friends can comment on whether Frank Edelblut’s study would have been acceptable as a homework assignment. For my part, I think it’s a hit job by a bunch of hacks.

I also asked about the NH Department efforts to determine how many home schooled children lack adult supervision during the school day and learned there was no effort to examine this concern.

Kids at work aren’t supervised by parents. This is the part that provides a direct tie-in to relaxation of child labor laws.

Finally, since it is our good legislators who voted to drastically expand taxpayer-funded voucher bounties, I asked if the legislature requested the Department of Education to study any of these subjects and was informed no requests were made.

So much for the law enforcement types interested in protecting children.

The Clawback of Public Education Funding

Some newer estimates put the Trump administration’s withholding of public education funds previously authorized by Congress at more than $8 billion, not $6.2 billion as previously thought. These are havoc-wrecking clawbacks, not cuts in future funding.

The NH political operatives who occupy the positions of Attorney General and Governor have still not joined the twenty-four attorneys general who have challenged Trump’s illegal action in court even though to do so would be in the obvious better interests of the state.

Carol Burris of the Network for Public Education has shared a good set of tools for demanding action. The Network for Public Education was founded by Diane Ravitch, a NYU education historian. Carol is a retired public school principal and executive director of the Network. Here is what Carol suggests with active links:

Tell Linda McMahon: Release the Funds

What You Can Do Right Now:

1. Email Linda McMahon. Demand she release the funds.


2. Share this action link with friends, family, and your community with this link https://networkforpubliceducation.org/releasefunds4schools/


3. Email Congress. Even if you’ve written before, send another message.


4. Call the U.S. Department of Education at this number: 1-800-647-8733. Press 5 to report a violation of law regarding the disbursement of federal funds by the U.S. Department of Education. You can leave a message.

When Betsy DeVos was Secretary of Education, she gifted the IDEA charter chain with $225 million to expand, mostly in Texas. She expected that they would flourish, especially in El Paso, where they intended to open 20 charter schools.

IDEA’s first charter school in El Paso recently held its graduation ceremonies. Only half the students who were enrolled in eighth grade remained to graduate. The others had returned to the public schools.

Claudia Lorena Silva reported in El Paso Matters about the shrinkage of the class:

As the first graduating class of IDEA Public Schools in El Paso donned caps and gowns mid-May, it was less than half the size that were in the school system in eighth grade four years earlier.

In 2021, IDEA’s first two El Paso campuses, Edgemere and Rio Vista, had a combined 256 eighth-graders, according to data from the Texas Education Agency. Four years later, 124 seniors were enrolled in IDEA’s class of 2025 at graduation time, all set to continue their education in college.

IDEA contends that students return to public schools because IDEA’s curriculum is too rigorous. But IDEA students do not consistently outperform those in public schools.

IDEA boasts that all its graduates enroll in college. They do not mention that many students attend colleges that accept all applicants.

Jan Resseger writes here about the decision by the Trump administration to release the billions of dollars to public schools that it had not distributed. Districts were unable to plan their budgets because of the uncertainty. Apparently enough Republicans heard from unhappy constituents and communicated their displeasure to Secretary McMahon. It shows that when parents and educators speak loudly, they are heard. Even in this anti-public school administration.

Jan Resseger wrote about it-

Today’s post is an update.  Yesterday this blog traced what has happened since the Trump administration refused to send $6.8 billion to U.S. public schools, money that had, in March, been approved by Congress in a continuing budget resolution and promised for delivery on July 1, the day that school districts regularly receive federal funding prior to the beginning of a new school year.

This afternoon, July 25, the Trump administration announced that it will release $5 billion of the funds and begin delivering them next week. Last week the administration released $1.4 billion of the funds for 21st Century Community Learning Center after-school programs.

This blog will take a one week break.  Look for a new post on Tuesday, August 5, 2025.

This afternoon Chalkbeat reported: “The Trump administration will release billions in frozen education funds after widespread outcry, including from Republican members of Congress….”

Education Week‘s Mark Lieberman reports: “Roughly $5 billion will flow beginning the week of July 28 to states through four K-12 education grant programs…. The affected grant programs… are… for migrant education… professional development and teacher training… English-learner services… and academic enrichment…. News that the education funding freeze is ending first emerged July 25 at noon in a post on X from Rep. Don Bacon, R.-Neb., one of a small handful of Congressional Republicans who publicly urged the Trump administration to release the money.”

On July 1, the Trump administration also withheld federal funding for adult basic education.  Lieberman reports: “The notice to states didn’t mention the $715 million for adult education the Trump administration has also withheld since July 1. Information about that program typically flows to states separately from information about other education funding streams.”

Certainly the release of the funds is a blessing for school districts whose leaders had been frantically scrambling to figure out how to provide necessary and in some cases legally required services for students when public schools open for the fall semester, which begins in many school districts in the last couple of weeks of August.

Mark Joseph Stern writes about the law for Slate. In this post, he writes about the Supreme Court’s acquiescence to Trump’s effort to become the all-powerful authoritarian of the federal government, unfettered by laws, Congressional powers, precedent, or norms.

This is a Court whose majority claims to be “originalists”, “textualists,” faithful to the language of the Constitution.

But now we can say with certainty that the six-member reactionary majority will reliably give Trump whatever power he wants.

The most recent example of the Court’s obsequiesence to Trump is its ruling that gave Trump the power to fire members of independent commissions whose members can be removed–by law–only “for cause,” such as corruption, malfeasance, failure to act responsibly.

I hoped, as I’m sure you did, that the Supreme Court might be a moderating force during Trump’s second term, even though he appointed three of its 6-members Republican majority. Back in the day, conservative Republicans were not extremists. They respected the rule of law and the Constitution.

But the Roberts Court is turning out to be a patsy for MAGA extremism and an all-powerful executive branch.

The Republicans on the Court claim to be “originalists” and “textualists,” rendering every decision with fidelity to the Constitution.

But now we can say with certainty that the six-member reactionary majority will reliably give Trump whatever power he wants.

If the Founders were united on one principle, it was the balancing of power among the three branches: the President, the Congress, and the Judiciary. No one of them was to reign supreme.

And yet the Roberts Court has allowed Donald Trump to run roughshod over the Congress, the Judiciary, even the law.

Trump and his handlers have spent six months assuming the powers of Congress, especially the power of the purse. and ignoring the laws passed by Congress.

The Supreme Court has approved his mass firings, even those firings that resulted in the elimination of Departments, agencies, and functions written into law by Congress. SCOTUS greenlighted his seizure of USAID and approved his evisceration of the Education Department. SCOTUS disregarded the fact that the President cannot abolish functions authorized by Congress without Cingressional approval.

If Trump and his handler want to take control of an agency or abolish it, the Suprreme Ciurt gives him a thumbs up.

His disregard for law and norms began with his mass firing of Inspectors General. These are the high-level, nonpartisan ombudsmen in every department who guard against waste, fraud, and abuse. Gone.

Then he peremptorily fired members of independent agencies and boards who were appointed for a set term and cannot be fired for any reason other than malfeasance and neglect of duty. These independent bodies were supposed to be insulated from partisan politics. Trump ignored the safeguards and began firing Democrats, on grounds that they would not support his agenda.

Trump fired Gwynne Wilcox as chair of the National Labor Relations Board (NLRB) and Cathy Harris as chair of the Merit Systems Protection Board (MSPB). The two women were appointed by Biden. Lower courts enjoined their firing, but the DC Court of Appeals said it was ok for Trump to remove them.

NPR said:

These agencies and many others have historically operated with a degree of autonomy granted by Congress. Their structure, with Democratic and Republican members serving staggered terms, has helped ensure some distance and independence from the White House.

Members are nominated by presidents and confirmed by the Senate. But in creating those agencies, Congress held that presidents can only fire members for cause, such as neglect of duty or malfeasance.

In 1935, the Supreme Court upheld those limits on the president’s power in a case known as Humphrey’s Executor about another independent agency, the Federal Trade Commission. Now the future of that 90-year-old decision is highly uncertain.

In March, Trump fired the two Biden appointees on the Federal Trade Commission, Commissioners Alvaro Bedoya and Rebecca Kelly Slaughter. His letter of ouster said that the commissioner’s “continued service on the F.T.C. is inconsistent with my administration’s priorities.”

Trump removed Christopher Hanson, a former chairman of the U.S. Nuclear Regulatory Commission. Hanson said he was removed without cause, flatly contradicting the law and precedent.

Democracy Docket reported on the Supreme Court decision released this week, which gave its approval to Trump’s firing of the Democratic members of independent agencies. The majority did not write an opinion. The dissenters did.

The U.S. Supreme Court granted President Donald Trump’s emergency request to fire members of the Consumer Product Safety Commission (CPSC) without cause. The ruling allows Trump to proceed with his purge of three Democratic CPSC commissioners and replace them with appointees of his choosing, despite federal law requiring “neglect of duty or malfeasance” for removal.

In a dissent, Justice Elena Kagan wrote that the decision allows for “the permanent transfer of authority, piece by piece by piece, from one branch of Government to another.”

The court, in a 6-3 vote, blocked a lower court ruling Wednesday that reinstated the fired commissioners, siding with Trump and halting the lower court’s enforcement of statutory protections.

In its ruling, the Court cited a similar decision from May, Trump v. Wilcox, which allowed Trump to remove Democratic members of the National Labor Relations Board. 

“The stay we issued in Wilcox reflected our judgment that the Government faces greater risk of harm from an order allowing a removed officer to continue exercising the executive power than a wrongfully removed officer,” the Court wrote. “The same is true on the facts presented here.”

Kagan, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson,  issued a blistering dissent accusing the majority of upending nearly a century of legal precedent that protects the independence of federal agencies – all without full briefing, oral argument or a decision on the merits. 

“Once again, this Court uses its emergency docket to destroy the independence of an independent agency, as established by Congress,” Kagan wrote.

Kagan mocked the stacking of precedent with no clear rationale, noting that the court’s only justification was its previous order in Wilcox.

“Next time, though, the majority will have two (if still under-reasoned) orders to cite,” Kagan added. “Truly, this is turtles all the way down.”

Anthony Michael Kreis, a law professor at Georgia State University, recently told Democracy Docket that in not offering explanations, the Supreme Court is damaging its own authority. 

“The power of the Court is its judgment. It doesn’t have the power of the purse nor the power of the sword,” Kreis said. “So, when six justices fail to explain the Supreme Court’s rulings and let major changes in the federal government’s structure go forward that appear to be inconsistent with the law, one must ask why?”

The CPSC was designed by Congress to be bipartisan, with five members serving staggered terms. By law, the president cannot remove commissioners without cause and no more than three of the Commissioners can be affiliated with the same political party.

The same structure governs other independent agencies like the Federal Trade Commission, Securities and Exchange Commission and Federal Communications Commission. Trump’s firings — now twice greenlit by the court — appear to break that model. 

The justices did not rule on the case’s legal merits yet. But by staying the lower court’s ruling, the court effectively sided with Trump’s expansive view of executive authority while appeals proceed. 

By allowing Trump to remove Democratic appointees on independent boards without cause, in direct violation of the law, the 6-member majority presents itself as a wing of MAGA. The majority is enabling a remarkable concentration of power in the hands of the President. The Imperial Presidency arrives, courtesy of the U.S. Supreme Court.

Assuming that the Democrats regain control of the White House in a future election, the Supreme Court has removed the guardrails that protect a balance of power.

The Orlando Sentinel reported that school libraries were directed to remove books, because they are “pornographic.” On review, it turns out that most of the books had never been checked out.

Steven Walker wrote:

Upset that “pornographic” novels were in public school libraries, state leaders demanded administrators remove 55 books from their shelves, and Orange County Public Schools complied last month. But newly obtained library data shows many of those books were rarely, if ever, checked out by students during the past academic year.


OCPS had 41 of the books on the state list in circulation during the 2024-25 school year, district data shows. Twenty-two of the books were never checked out from any of the district’s schools. The 19 that were checked out left the shelves fewer than 10 times each in a district with almost 60,000 high school students.


The state’s push to rid schools of the 55 books — documented first in a threatening letter from Florida’s attorney general to Hillsborough County schools — frustrated some Orange school leaders who called it a “non-issue” given that most of the books never got checked out.

It is obvious that the rightwing Supreme Court tilts decidedly in favor of religious rights and religious schools. The six-member majority seems to have forgotten about separation of church and state and about the “establishment clause,” which forbids government endorsement of religious schools.

The Brookings Institution invited noted scholars to reflect on the Court’s recent decisions and how they are likely to affect public schools.

This is an excellent collection of short commentaries by scholars, not ideologues.

It opens:

The 2024-2025 Supreme Court term was a consequential one for K-12 public education. The Court considered the legality of religious charter schools (Oklahoma Statewide Charter School Board v. Drummond), the rights of students with disabilities to access a public education (A. J. T. v. Osseo Area Schools), and whether parents should be allowed to opt their children out of lessons or access to curriculum material that conflicts with their religious beliefs (Mahmoud v. Taylor).

In this piece, we invited experts on education law and policy to share their reactions to the Supreme Court’s recent decisions this term.

A few excerpts.

Robert Kim writes that the Supreme Court is enthralled by the “free exercise clause” of the First Amendment.

There is a way to characterize the results in the three Supreme Court cases this term touching most directly on K-12 public education in minimalist fashion. Let’s begin there.

In AJT v. Osseo School District (2025), the Court held that parents of students with disabilities who sue public schools for discriminating against their child in violation of federal disability rights laws must prove no more than what litigants would have to prove in other disability discrimination contexts. This holding is logical, unsurprising, and consistent with Supreme Court rulings in recent years that affirm the rights of students with disabilities and eliminate administrative legal hurdles in their path (see Endrew F. and Fry in 2017, and Perez in 2023).

Staying with the minimalist approach, in Mahmoud v. Taylor (2025), the Court ruled that the disallowing parents the ability to opt their children out of LGBTQ+ inclusive curriculum violated parents’ rights to religious free exercise under the First Amendment. The Court’s ruling does notprohibit public schools from adopting inclusive curriculum on LGBTQ+ issues or any other topic, nor does it disturb the basic equal protection principle that public schools must treat all students equally. Parents have long had the ability to opt their children out of various school curricula and activities, so in a sense, Mahmoud simply attaches more finely polished First Amendment armament to an existing right. 

Finally, in Oklahoma Statewide Charter School Board v. Drummond (2025), the Court issued a one-sentence per curiam (unauthored) opinion announcing that it was “equally divided” (due to Justice Amy Coney Barrett’s recusal from the case). The 4-4 deadlock thus affirmed a prior Oklahoma Supreme Court ruling prohibiting what would have been, for the first time in modern U.S. history, the establishment of a religious public school.

And yet. When we remove our minimalist blinders, one can’t help but be deeply troubled by what the two latter cases involving religion portend for the future. There’s language in the majority opinion in Mahmoud that signals the Court’s desire to resist a growing perception–fueled in part by the Court’s own, still-recent rulings sanctioning same-sex marriage and prohibiting discrimination against LGBTQ+ employees–that LGBTQ+ equality is a normative value in American law and society. And, but for Justice Barrett’s recusal in Drummond, the Court almost certainly would have approved the establishment of a public school run by the Catholic Church.

Running through Mahmoud and the oral argument in Drummond are signs that this Court continues to be enthralled by the Free Exercise Clause–to such an extent that it is willing elevate religious rights above other constitutional interests, including the separation of church and state and equal protection. These signs, I fear, spell deep trouble for public education and the rights of students in ways that will be revealed by the Court over the next couple of years.

Derek Black sees trouble ahead:

Public education survived what risked being the most painfully consequential decision in half a century in Drummond—or at least survived to fight another day—while suffering a stiff smack on the hand in Mahmoud. 

With Drummond, forcing states to approve religious charter schools would have delivered control over what it means to be a public school into private hands. Taxpayers would have to pick up the bill for religious schools but have no control over what those schools teach or whether all students have equal access to them. Publicly funding religious schools would also radically reshape funding for public schools. Religious schools that have long operated on tuition may shift their costs onto taxpayers, and many new religious charter schools would surely open. States would face either increasing taxes or cutting the already-too-small education pie into smaller and smaller pieces. The consequences of religious charter schools are important to understand, since the question will almost certainly come before the Court again in the coming years.

Mahmoud is trickier. The threshold question was whether the school’s LGBTQ+ books and curriculum burden parental rights. Prior precedent would have said no, but courts have been exceedingly stingy in recognizing burdens on parental rights and exceedingly deferential on the related matter of school curriculum and the possibility of censorship—almost to the point of absurdity. Whatever you think of the parental burdens issue, we were long overdue for an update on where the Court stands vis-à-vis curriculum. The problem for the Court has been how to draw a line that does not micromanage local school decision-making. It remains unclear where exactly the line on parental burden is now, but it is clear the court lowered the bar for establishing religious burden. That means schools can expect new challenges on topics like vaccine requirements, absences, and student codes of conduct.

Regardless, schools are still free to promote inclusive values and curriculum. And to be clear, the Court did not give students license to harass others based on religious beliefs. Schools can and should continue to prohibit and punish inappropriate behavior—and stick to their values.

Rachel M. Perera predicts that the Court’s decisions have created thorny challenges for schools:

Public education is under attack—from the expansion of universal private school choice programs that are siphoning monies away from already cash-strapped public schools to the Trump administration’s efforts to dismantle the federal education department and the recent withholding of Congressionally mandated federal school funding. And the Drummond and Mahmoud decisions indicate that the Court is more likely to accelerate attacks on public education than to forestall them.  

Both Drummond and Mahmoud, along with other recent decisions of this court—e.g., Kennedy v. Bremerton School District (a ruling in favor of a high school football coach who was fired from a public school for leading postgame prayers) and Carson v. Makin (which struck down a Maine law prohibiting the use of public funds for religious schools)—are evidence of rapidly eroding divides between religion and public life.  

Public schools narrowly avoided catastrophe with the split 4-4 decision in Drummond, but the question of religious charter schools will almost certainly come before the Court again—and under more favorable conditions. Religious charter schools would have major implications for the health of our public education system, the charter school sector, and education funding.

With Mahmoud, the Court ruled that parents should be allowed to opt their children out of school curriculum and programming that conflicts with their religious beliefs. Where future courts will draw the line between legitimate and illegitimate concerns remains to be seen. But what we do know is that this decision adds another layer of costly complexity to the already challenging landscape that school districts are facing given the rise in statewide universal private school choice programs, enrollment declines, and budget shortfalls.

Worse, the Mahmoud decision will undermine local efforts to make school programming and curriculum more pluralistic and inclusive. As Justice Sotomayor pointed out in her dissent, because school districts are resource-constrained and risk-averse, “schools may instead censor their curricula, stripping material that risks generating religious objections.” And we’ve seen this happen before. After the wave of anti-critical race theory state laws in 2021 and 2022, many teachers reported preemptively changing their instruction in the face of potentially costly conflict.

At a time when schools are in dire need of more resources and support, the Court has added only more challenges to their plate.

Open the link to read the excellent contributions by Derek Black and Preston Green.

Jan Resseger writes here about the injustice of the budget for public schools passed by the Ohio legislature. Firmly in the control of hard-right Republicans, the legislature eagerly funds vouchers and charter schools while underfunding the public schools. As in every other state, the vast majority of Ohio students attend public schools. The only evaluation of the Ohio voucher program showed that most students who used the vouchers were already attending private schools; those who transferred from public schools fell behind the peers they left behind.

Ohio legislators know that vouchers and charters do not increase educational opportunity. They don’t care. Parents of public school students must inform themselves and act to protect their public schools.

She writes:

In the last week of June, two important events happened almost simultaneously in Ohio: A district court in Columbus found the state’s EdChoice voucher program unconstitutional, and the state legislature passed a budget that at the same time shorts the state’s public schools that serve the mass of our state’s children, significantly cuts the state income tax, and increases funding for private school vouchers over the next two years.

We all desperately hope the Vouchers Hurt Ohio lawsuit will save our public schools, but appeals of the case to higher courts will likely take several years, a period when the  new budget’s underfunding of the Fair School Funding Plan, the effect of the income tax cuts and the diversion money to private school vouchers will inevitably continue to diminish the state’s investment in Ohio’s public schools.

In the new budget, the legislature technically phased in a new Fair School Funding Plan—a mathematical formula to ensure that the state will guarantee adequate and equitably distributed state school funding. However, after the House Speaker called the plan unsustainable, the legislature failed fully to fund the new formula’s provisions and thereby ensured the new formula’s ultimate failure before Ohio can even try it out.

The Ohio legislature’s income tax reduction along with lawmakers’ choice to permit continuing growth of publicly funded, universal EdChoice private school tuition vouchers emerges from a philosophy that government’s responsibility is to protect individual parents’ freedom. Solid support for the state’s public schools would instead embody a commitment to what we call the social contract, explained here by economist Joseph Stiglitz:

“A social contract defines the relationship between individuals and societies, much as an actual contract would, outlining the obligations of the parties to the contract and to each other. There is one big difference between the social contract and ordinary contracts. When an actual contract is breached, there are consequences both for the relationship and especially for the breaching party… But when the state violates what it is supposed to do, there is no corresponding mechanism for enforcing the social contract.” The Road to Freedom, p. 86)

Article VI, Section 2 of the Ohio Constitution definesthe state’s responsibility to provide a strong system of public education as part of the social contract: “The General Assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state.”

Here are three ways in which the new state budget undermines Ohio’s public education social contract.

The New Ohio Budget Does Not Commit the State to Equitable and Adequate Public School Funding.

In a new brief, Lawmakers Underfund Ohio Schools by $2.86B in FY26-27; Veto Overrides Risk Another $330M, along with an attached PowerPoint slide presentation, Policy Matters Ohio shows how Ohio’s Fiscal Year 2026-2027 budget undermines the new Fair School Funding Plan just as it is being launched.

The first slide of Policy Matters’ PowerPoint presentation summarizes the impact of the new budget for the state’s public schools: “Ohio lawmakers give a billion-dollar annual tax break to Ohioans earning six figures, underfund (public) schools by $2.86 billion, and leave behind students with the greatest need.”

In Slide 3, Policy Matters compares the amount of public school funding allocated in the new state budget to the amount the new Fair School Funding Plan (FSFP) would have awarded to each school district if the legislature had, as the formula requires it to do, correctly factored in the district’s current costs instead of old cost data from FY 2022. “Under the enacted plan, 74% of Ohio’s school districts will receive less than what the FSFP says they need to meet the costs of an adequate education.”

In a recent Hannah News Service publication, Howard Fleeter, Ohio’s well known school finance expert, explains¹ exactly how the legislature robs school districts of what they had expected under the Fair School Funding Plan: “One of the most important features of the Fair School Funding Plan is its utilization of an inputs-based approach to determining adequacy, which results in a base per-pupil amount which can vary across districts based on the number of students and their distribution across grade levels… In order to not just fully phase in the funding formula but to adequately fund it, the base cost in FY 26 should be based on FY 24 input data and the base cost in FY 27 should be based on FY 25 data.” However, this year the legislature used old, FY 2022 cost data, thereby failing accurately to measure school districts’ costs. In other words, the state should recognize that school district expenses rise year after year due to inflation, and the formula should recognize that school districts have to keep up or risk losing teachers and services.

In Policy Matters’ Slide 5, a bar graph demonstrates that in the new budget, legislators leave farthest behind the school districts serving concentrations of the state’s poorest students. These school districts will fall 107% behind what the FSFP would have brought them in state funding. Their school funding is actually being cut this year.

Part of the loss to school districts serving masses of poor children comes from a recalculation of Disadvantaged Pupil Impact Aid.  Slide 7 explains that the legislature used “direct certification, a process of identifying low-income students by relying on public benefits data that will lead to fewer low-income students being counted in the system and fewer DPIA dollars going to the places that desperately need them.” Why has the legislature chosen to base DPIA on a data set that will, “cut more than $200 million in DPIA funds over the next biennium, from FY 2025 levels of support”?

Slide 7 adds, as a preface to Slide 8, that the new budget, “appears use that money to offset the ‘performance’ supplement which is estimated to cost $215 million over the biennium.”  What is the Performance Supplement? Slide 8 explains: “The Performance Supplement would rely on (each district’s)  state report card data, increasing funding by $13 per student times the number of stars on their state report card or progress report… Report card scores are built on testing performance as well as factors like chronic absenteeism, and the ‘breadth of coursework available in the district.’ ”

Policy Matters Slide 8 clearly identifies the injustice embedded in the Performance Supplement: “Low scores on these indicators should signal to policymakers that the school and the community it serves are devalued, under-resourced, and in need of more help, not less.  It explicitly reverses course on closing opportunity and education gaps, which would help schools improve.” In Slide 8, we also learn that the budget adds a $225 per student Enrollment Growth Supplement for the fastest growing suburban school districts. While the supplement will help meet the costs of serving new students moving to these districts, it is important to remember that these are districts serving wealthier families.

In the brief itself, you can link to your own school district’s profile to see how your district fares under the new budget here.

The New Budget Reduces Ohio’s State Income Tax—Undermining the State’s Capacity to Raise Its Share of Public School Funding.

The Plain Dealer‘s Anna Staver explains: “Lawmakers eliminated the state’s top income tax bracket, collapsing Ohio’s tax structure from two rates to one. It’s the last step in a decade-long push for a flat tax —and this final move amounts to a $1.14 billion cut.”  Signal Ohio‘s Andrew Tobias adds: “That new top tax rate of 2.75% is lower than any surrounding state and lower than any time in the past five decades… About 96% of the $1.1 billion in annual lost revenue… will stay in the pockets of those earning $138,000 or more….” Policy Matters Ohio’s Slide 10 depicts the legislature’s new flat tax diverting a billion dollars of essential state revenue to wealthy individuals and away from the state’s social contract. The new budget exacerbates a long trend of tax slashing in Ohio. Last fall, Policy Matters Ohio’s Bailey Williams tracked two decades of Ohio tax cuts that have progressively reduced Ohio’s capacity to support the needs of the public and to support the system of common schools promised in the Ohio Constitution.

The New Budget Allows Private School Vouchers to Continue Eating Up School Revenue.

In his June 27th On the Money¹ school funding expert Howard Fleeter describes another primary drain on state revenue: private school tuition vouchers will continue to eat up an increasingly large chunk of the new state budget. Fleeter compares the legislature’s investment in public school funding to the legislature’s investment in private school vouchers. Fleeter calculates, “that state foundation funding for Ohio’s traditional school districts—spread across the state’s 609 local school districts—will increase by $281.9 million over the Fiscal Year 2026-2027 biennium compared to current funding levels.” He continues: “Voucher funding is slated to increase by $327.1 million over the FY26-27 biennium…. This increase is $45 million more than the increase slated for the traditional K-12 districts over the biennium, despite the fact that K-12 districts educate roughly 8 times as many students as do private schools.”

In the New Budget, Legislators Shift the Responsibility for Funding Public Schools More Heavily onto Local School Districts.

We continue to hear a lot from our legislators about the danger of rising property taxes, but ironically, by reducing the state’s investment in public education, the legislature itself has made it necessary for school districts to increase reliance on local property taxes or cut programs and teachers. Howard Fleeter concludes¹ that, in the current fiscal year (FY 2025) under the budget that passed two years ago, the state is paying 38.4% of public school funding in Ohio. In the new budget, in which the legislature has failed to update the cost data in the formula, has cut the state income tax, and has kept on letting an uncapped voucher program grow,“the average state share (of total public school funding) will drop to 35.0% in FY 26 and to 32.2% in FY 27….”

When a state violates the social contract by reneging on its responsibility to fund public schools, the funding burden falls more heavily and more inequitably on local school districts.


¹Howard Fleeter, “On The Money,” Hannah News Service, June 27, 2025, (available free in many public library research collections).

The former director of the Madero Charter School in California was charged with fraud and embezzlement. The school was funded by the federal Charter Schools Program. The charges demonstrate the lack of accountability in state and federal charter school laws.

The Business Journal reported:

A former charter school director in Madera County has been indicted for allegedly embezzling funds from a program that was federally funded, acting U.S. Attorney Kimberly A. Sanchez announced Tuesday. 

On July 17, a federal grand jury returned a sealed indictment against Nicholas A. Retana, 67, from Madera. The indictment was unsealed on Monday and Retana was arraigned in federal court in Fresno.

According to court documents, Retana was the executive director and founder of a kindergarten through eighth grade charter school in Madera County until early 2020. 

While not named in the news release, Retana’s co-founded and led Ezequiel Tafoya Alvarado Academy from 2005 until 2019. 

An audit conducted for the Madera County Superintendent of Schools found evidence of corruption. The potential misuses of public funds totaled more than $1.06 million, according to the audit.

Prosecutors allege that during Retana’s time in that role, he used school funds to pay for personal expenses for himself, his family and associates. 

Among the alleged misuses of funds were the purchase of two new Ford F-150 trucks for his sons, who were employed by the school. He also allegedly paid a woman $12,000 who was described in court documents as a self-proclaimed sex worker turned relationship coach, with whom he had a personal relationship. 

The audit found that this person was paid for conducting life coaching workshops for eight graders despite not having any relevant licensure.

Retana is accused of mislabeling the expenses in school records and misrepresenting them when questioned. He faces up to 10 years in prison and a $250,000 fine if convicted. 

Judd Legum writes a terrific blog called Popular Information. He also has another blog called Musk Watch. He recently posted a story about one of Musk’s businesses, which applied for a federal grant designated for the economically disadvantaged.

Caleb Ecarma wrote:

On April 24, Elon Musk’s $9 billion neurotechnology company falsely self-certified as a “small disadvantaged business” (SDB) on a federal filing, a designation that qualifies the company for preferential treatment as part of a racial and ethnic diversity initiative.

The SDB designation can also only be legally claimed by companies owned by “economically disadvantaged individuals.”

Neuralink, which is developing implantable brain-computer interfaces, registered with the government as an SDB while Musk leveraged his position at the White House to cut federal funding for diversity, equity, and inclusion programs.

Excerpt from a Neuralink federal government filing, dated April 24, 2025.

The SDB designation is clearly defined by the Small Business Administration and in federal regulations. A SDB must be “unconditionally and directly” majority-owned (51%) by a member of a socially and economically disadvantaged group, meaning a demographic “subjected to racial or ethnic prejudice or cultural bias.”

Even if a business clears that hurdle, not all are eligible for the designation. To be considered an SDB, the company must also be majority-owned by an “economically disadvantaged individual.” According to the Code of Federal Regulations:

Economically disadvantaged individuals are socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same or similar line of business who are not socially disadvantaged.

Federal regulations state that individuals with a net worth exceeding $850,000, excluding the value of their primary residence, are not “economically disadvantaged individuals.”

Musk, the owner of Neuralink, has an estimated net worth of $404 billion. A South Africa-born white man raised in the Anglican Church, Musk is also not a part of any recognized disadvantaged ethnic or racial group.

As a private company, Neuralink’s exact ownership structure is opaque. But in a September 2018 letter to the Securities and Exchange Commission, Neuralink lawyer Roel Campos wrote, “Neuralink is a private Delaware Corporation with its head offices at 3180 18th St, San Francisco, CA, 94110, in which Mr. Musk has a majority ownership stake.” Neuralink has since reincorporated in Nevada. “Never incorporate your company in the state of Delaware,” Musk said in January 2024, a few days after Neuralink left the state of Delaware.

With the federal government awarding $50 billion to SDBs annually, carrying the SDB designation is a significant advantage for companies seeking government contracts. SDBs also receive increased visibility on federal databases, including the Small Business Administration’s Dynamic Small Business Search (DSBS). Neuralink currently appears on the DSBS as a “Self-Certified Small Disadvantaged Business.”Since 2017, Neuralink has made the SDB business claim in all 11 of its filings on SAM.gov, the federal government’s contracting database. Many of those filings were signed by Jared Birchall, Musk’s top fixer and Neuralink’s CEO. The SDB designation is also visible on the main page of the company’s SAM.gov profile. (Open the link to view the pdf. File.)

There is no indication that Neuralink has received federal funds, although it may have bid on federal contracts. Based on its SAM.gov filings, the company may have also requested grants, loans, or other financial assistance from the federal government while certifying itself as an SDB.

In three SAM.gov filings, Neuralink responded “Yes” to the question, “Does Neuralink Corp. wish to apply for a Federal financial assistance project or program, or is Neuralink Corp. currently the recipient of funding under any Federal financial assistance project or program?” Those filings were all submitted during the COVID-19 pandemic, in September 2020, May 2021, and August 2021.

Birchall and other Neuralink executives who signed the SDB self-certification forms attested to the following:

I understand that I may be subject to criminal prosecution under Section 1001, Title 18 of the United States Code or civil liability under the False Claims Act if I misrepresent NEURALINK CORPORATION in any of these representations or certifications to the Government.

Neuralink did not respond to a request for comment.

The Department of Justice has prosecuted government contractors for submitting false self-certification claims or misrepresenting the status of their companies on federal databases. In 2023, one contractor received a 15-month prison sentence and was ordered to pay $72,000 in restitution after he fraudulently self-certified his company as a service-disabled veteran-owned small business. Last year, another company was fined nearly $4 million for misrepresenting itself as a women-owned small business on its SAM.gov profile.

Neuralink’s misrepresentation is particularly notable, given Musk’s past condemnations of diversity, equity, and inclusion (DEI) programs aimed at helping members of historically disadvantaged groups. “DEI is just another word for racism,” Musk said in January of this year. “Shame on anyone who uses it,” he added. Musk has also described DEI as “actually illegal.”

While leading the Department of Government Efficiency, the Trump administration’s austerity program, Musk claimed that he was ferreting out and terminating federal DEI initiatives. DOGE, under Musk’s guidance, focused on purging federal DEI grants and contracts for minority owned businesses, including legitimate SDBs.

In May, after Neuralink secured $600 million in fresh funding, the company had a $9 billion before-cash valuation, according to Semafor.