The Texas Monthly reported on the aftermath of the murder of Charlie Kirk. Texas legislators wanted to punish public employees that posted “inappropriate” responses to his death. Their scrutiny ensnared 350 teachers who had not responded in a way that expressed sympathy. Eventually almost all the teachers were cleared of wrongdoing, but in the near term, they lived under a cloud of fear, fear that they would be fired, fear that they would lose their license. The hero in this story was the Texas AFT, the union, which stepped in to defend the teachers, few of whom could afford to pay for legal defense.

Naina Srivastava of The Texas Monthly wrote:

In her 28 years as a teacher working at schools in the Harris County area, Jennifer Courtemanche felt most at home at Lee High School. That changed for the 54-year-old English teacher on September 10. Hours after conservative influencer Charlie Kirk’s assassination, Courtemanche made a series of posts on Facebook about the right-wing influencer’s death and was met with dozens of comments, texts, and voicemails from strangers attacking her positions. Someone—it’s unclear who—reported her to the Goose Creek Consolidated Independent School District, while others attacked her directly. “I hope you’re next,” one read. “I hope you die by violence in front of your family,” said another. “Kill yourself,” said a third. 

Courtemanche, who was born in Dallas and has lived in Texas for her whole life, had made four posts about Kirk that day. The first, in response to Utah Governor Spencer Cox’s statement that Kirk’s assassination was a tragedy, read, “I’ll bet if the victim had been Black or Brown or a Democrat influencer he’d have been singing a different tune. Could Kirk have baited just ONE too many people? Could this have been the consequences of his actions catching up with him?” The second was a repost of a friend’s post, containing a list of controversial statements on civil rights, the LGBTQ community, and gun deaths that Kirk had made throughout the years. The third was another repost, this time from Occupy Democrats, a progressive advocacy group, that quoted Kirk— “I can’t stand the word empathy, actually,”—with the caption “#karma.” And the last was another Occupy Democrats repost about President Donald Trump and other Republicans’ silence after Melissa Hortman, a former speaker of the Minnesota House of Representatives, was assassinated in her home last June. 

At some point, Courtemanche’s posts reached the attention of Texas State Representative Briscoe Cain, a Republican from Deer Park who represents her district. On X, he called for her immediate termination for “celebrating the news of Kirk’s assasination.” That post now has over 550,000 views. 

That night, Courtemanche recalls furiously searching for the settings to make her account private. A half hour before midnight, she received another voicemail. “I found your address. Someone is going to come to your house and f— you up, bitch,” an anonymous caller said. As messages continued to pour in, she worried about how people in the community might react. Courtemanche said she and her husband didn’t even go to church that Sunday, despite being regulars. Scared, Courtemanche reached out to her school principal, asking what she should do. He told her to call her local police department and to contact the district’s Human Resources. She did. 

The next morning, the HR department rang her back. The district told her not to come in and that she was being put on administrative leave. By the next Monday, Courtemanche received an email from the district notifying her that it had reported her to the Texas Education Agency.

In the wake of Kirk’s assassination, there was a wide push by the Texas GOP to discipline teachers who’d made posts about his passing that it deemed offensive. Two days after Kirk died, TEA Commissioner Mike Morath instructed ISDs to report instances of educators sharing inappropriate content online to his agency. In total, 350 complaints were levied, including those against Courtemanche. According to documents obtained by Texas Monthly via public-records requests, some school districts, like Goose Creek, chose to terminate employees after conducting investigations. Others simply reported the complaint for a state investigation into the matter. But more than six months after Kirk’s death, it appears the discipline Texas politicians promised hasn’t gone very far. All but two of the 350 complaints against teachers had been dismissed as of April, according to the testimony of Keith Ingram, an attorney with the Office of the Attorney General.  

Courtemanche’s case is an instructive one outlining how the state attempted to crack down on anti-Kirk speech. On September 22, less than two weeks after her original posts, the Goose Creek school board voted to terminate her contract by a vote of 2–0 with four abstentions. Mercedes Renteria III, one of the two members who voted for Courtemanche’s termination, gave an interview with the town’s local paper, TheBaytown Sun. “[S]he is an incompetent teacher, and she shouldn’t have crossed the line and spoken publicly on social media and every other venue to say bad things about Charlie Kirk,” he said. “I think she should be fired, and karma’s a bitch. How about that?”

Courtemanche immediately sought legal representation via the Texas American Federation of Teachers, a statewide labor union. By November, she had reached a settlement with the school that cleared her of wrongdoing. She chose to retire, but per the settlement, she waited until December 31 to resign, giving her an additional year’s worth of credit—worth $200 each month—under the teacher-retirement system.

Courtemanche was not alone. In January, the Texas AFT,  which has more than 66,000 members, filed a lawsuit against the TEA, arguing Morath’s instructions for districts to report teachers violated teachers’ First Amendment right to speech and “unleashed a wave of retaliation and disciplinary actions against teachers.” The AFT contends that simply being placed under investigation—even if the probe leads nowhere—negatively impacts an educator’s reputation. When the state opens an investigation, it places a flag on the educator’s certification and can even include them on the agency’s public registry listing employees “Not Eligible For Hire,” according to the TEA’s website. Such investigations can result in the sanction or revocation of their teaching certificate.

AFT President Zeph Capo estimates that thirty to forty educators reached out to the AFT regarding discipline about Kirk posts. Some ended up being part of the litigation, while the AFT offered verbal counseling and individual representation to others. Capo said the organization’s biggest concern was for educators who were unable to renew their certificates while under investigation. If an educator’s certificate lapses, the school district could fire him or her automatically, he said. 

“Just imagine you’ve went to school, you’ve paid a lot of money, you are now at risk of not being able to renew your certification to keep your job, all because of something you said on a Facebook post that had nothing to do with kids or anyone else,” Capo said. “That has an absolute chilling effect on those individuals.”


The Texas AFT’s lawsuit is supported by six anonymous teachers’ experiences, though filed on behalf of all its members. One teacher was placed on the “do not hire” registry for three months, preventing them from finding work, according to the lawsuit. Another was unable to renew her certification because she was under investigation and may lose her job this month as a result. 

Texas Monthly’s investigation found that some teachers were reported for fairly tame posts, including reposts of popular progressive infographics regarding Kirk’s statements and gun violence. An educator who wrote, “He was ok with children dying in schools. I am not saying he should have been shot. He defended guns above all else,” received a complaint. Another educator posted a screenshot of a Newsweek article with the headline, “Charlie Kirk Says Gun Deaths ‘Unfortunately’ Worth It To Keep 2nd Amendment,” with the caption, “First Amendment meets Second Amendment.” That educator also received a complaint. To some observers, these posts, in particular, seem to squarely fall under the protection of the First Amendment.  

Because teachers are public employees, however, their free speech rights are limited in some contexts. There have not been any notable Supreme Court rulings that directly address teachers and students’ social media usage, but the landmark 1969 Supreme Court ruling in Tinker v. Des Moines established that if speech outside the classroom “materially and substantially disrupt(s) the work and discipline of the school,” it can be restricted. 

Daxton “Chip” Stewart, a Texas Christian University professor and First Amendment expert, said that the question at the heart of the Kirk cases is whether speech outside of the classroom may have affected lessons within it. “Posts about Charlie Kirk are undoubtedly a matter of public concern,” Stewart said. “That’s core First Amendment-protected speech. People should be able to comment about that kind of thing. So really, it comes down to, does that speech interfere with teachers’ [abilities] to do their jobs.”

This question has come up repeatedly in the complaints to the TEA obtained via records request. For example, in an email to an educator with the district who received a complaint for her posts, the Eagle Mountain–Saginaw ISD superintendent wrote, “You do not get to stop being a teacher off contract hours. You continue to be seen as a public service provider that is entrusted to take care of a vulnerable, impressionable community of children. It is expected that you conduct yourself in a manner at all times that is conducive to earning and maintaining the trust of the community, parents, students and coworkers.” 

Stewart believes this standard is unfair. If a teacher spoke about Charlie Kirk in the classroom, it would be a different story, a “no-brainer,” he said. But in teachers’ private time, the state must prove that the speech is something outrageous for it to be punishable. (Ultimately, both Eagle Mountain–Saginaw and the TEA declined to take action against the educator.) 

In the past, the TEA has protected teachers’ right to speech that is controversial. In 2019, a Fort Worth English teacher asked president Trump for help removing the “illegals” from Fort Worth’s school system. She was fired. Morath said that her tweet was protected by the First Amendment, that the school district had overstepped, and that she should be reinstated. Later, courts upheld her firing.

That Morath is now taking a different stance strikes Capo, who agreed the Fort Worth teacher should not have been fired, as evidence of viewpoint discrimination in the TEA when it comes to free speech. “At least be consistent,” he said. “If you’re going to fire people for speech, then fire them for speech no matter which political direction it runs, and if you’re not going to fire them for speech, then you should be doing the same regardless of [the] political direction it comes from.”

The case between the TEA and Texas AFT hinges on the interpretation of Morath’s directive: whether it constituted a policy that school districts were required to follow. The letter sent to superintendents noted that if superintendents were made aware of “additional instances of inappropriate content being shared,” they should report it to the agency. In a September media statement, Morath said, “While all educators are held to a high standard of professionalism, there is a difference between comments made in poor taste and those that call for and incite further violence — the latter of which is clearly unacceptable.”

Capo said Morath has failed to define what would be considered “poor taste” or “inciting violence,” leading many districts to report teachers improperly out of caution. Indeed, some districts, like Cypress-Fairbanks ISD, reported they were influenced to submit complaints to the TEA because of the letter, even though they believed their employees’ speech fell within their rights. In an email to the TEA, the general counsel for Cy-Fair ISD, for one, wrote, “The District reviewed each instance of reported misconduct related to the death of Charlie Kirk individually and in light of the legal standards applicable to the specific situations. Because none of the posted comments were determined to violate District policies and to fall within the First Amendment rights of each employee, the complaints do not fall within the reporting requirements of Chapter 22A of the Texas Education Code.” However, the district still chose to report the complaint, it said, because of the notice letter. 

So far, the courts have sided with the TEA. At an April preliminary injunction hearing in the U. S. District Court for the Western District of Texas, Alan Albright, appointed by Donald Trump in 2018, said he failed to see how Morath’s letter infringed upon the First Amendment. “He’s not recommending punishment here,” Albright said. “He’s recommending that if the superintendents determine that inappropriate statements, in their view, were made, that there might be, you know, one of these investigations. I don’t understand how that’s chilling.” 

The Texas AFT now has the option to appeal the ruling, but Capo said it likely will not, owing to the dismissal of most of the complaints against teachers. He said every AFT member who was terminated has now reached a favorable settlement or returned to work without disciplinary action. “Ultimately, what I was really looking for, it has been accomplished,” Capo said. He told me the union now believes that its other members won’t have to worry about state sanctions or issues that could impact their teaching certifications.

For Courtemanche, however, even reaching a settlement felt like a bittersweet resolution. She told me she’s just starting to heal from what happened. Some people she went to church with unfriended her, she said. “And so I guess if they weren’t friends to begin with, I could still go and worship with them. But if they pass judgment on me, that’s on them,” she told me.

Initially, when the social media firestorm started, Courtemanche feared she’d be pushed out of the classroom before she was ready to stop teaching. But after the investigation, she was eager to retire. She’s eligible to find work at a different school next year, but she told me it’s unlikely she’ll go back.She said the environment for educators has gotten worse in Texas, and she doesn’t want to subject herself to further difficulties. 

The leaders of Arkansas–such as Governor Sarah Huckabee Sanders–oppose abortion. They also oppose birth control. They apparently don’t teach sex education. They rely on “abstinence education,” or just say no.

But it’s not working the state has the second highest rate of births to unwed teen mothers.

The Arkansas Times reviewed a movie that explains the human consequences of this policy.

Watching “Baby/Girls,” a documentary about teen mothers in Arkansas that screened Wednesday at the Bentonville Film Festival, might be an impossible task if it weren’t for the youthful optimism of its subjects. The seriousness of what’s happened to them hasn’t sunk in, at least not in the opening scenes. They still speak in soft, girlish tones. They wear fake eyelashes, dye their hair teal. One giggles while trying to recall the word for “uterus,” the organ her baby will be emerging from in just a matter of weeks. By the end of the film, the light has gone out of their eyes.

One girl has taken off with her baby and run away from home. Another is pregnant again, on an 18-month waiting list for childcare, and desperately poor. The third, living in a dingy flop house with her boyfriend, chooses to give her baby up for adoption after leaving the infant alone on at least one occasion so she can hang out with her sisters. 

“Baby/Girls” is cinematic, but it’s a hard watch, and I don’t think the people who really need to see it — the politicians that enforce abstinence education and work to outlaw abortion, and the religious fanatics who treat sex like we’re living in Victorian England — will even bother. 

But the movie isn’t just for pro-lifers; it’s for the rest of us who need to be reminded that unplanned pregnancy is, for many women, especially teenagers, one of the absolute worst things that could ever happen, leading to a cycle of poverty, family dysfunction and more teen pregnancy. 

According to Arkansas Advocates for Children and Families, “Arkansas is still 49th in the country for teen births with a rate that is almost double the national teen birth rate of 13.” (That is: On average, 22 of every 1,000 women aged 15 to 19 give birth annually in Arkansas.) 

The movie is a tastefully-done “scared straight” for the grownups in Arkansas who should be protecting these girls. I was not surprised to find on the film’s website that its creators, Jackie Jesko and Alyse Walsh, have launched a campaign advocating for sex education, birth control and better support for pregnant teens in schools, with links to Arkansas organizations including Arkansas Advocates for Children and Families and the University of Arkansas for Medical Sciences’ LARC (Long-acting Reversible Contraception) Initiative.

“Baby/Girls” traces three girls — Grace, 15; Olivia, 16; and Ariana, 17 — from pregnant-and-near-bursting until their kids are infants or toddlers. They’re all living in Compassion House, a home for teen moms in Springdale, at the documentary’s start. 

The filmmakers are given incredibly intimate access to their births, family dynamics, home life, court dates and the like. We quickly learn all three grew up in terrible, neglectful situations — and their pregnancies are a continuation of a terrible, unending cycle. Grace was molested at age 3 by a man she thought to be her biological dad. Her mother was a drug addict. Olivia’s mom committed suicide when Olivia was 8 years old, and when we meet Olivia, a judge has ordered her to Compassion House because she’s decided that her grandmother’s house is not a safe place for her to be. Finally, Ariana, somehow the most well-adjusted, is the product of rape. Her mother — wire-thin and missing her teeth — is emotionally abusive and absent. 

It’s disturbing to watch the girls explain why they ever thought this would go differently. Grace watched the lives of glamorous teen moms on TikTok. They looked happy. “I wanted to feel that,” she says. Olivia simply didn’t realize that sex made babies — ”I didn’t even realize I had three holes down there,” she says, chortling. 

But none of them got pregnant on purpose. Grace forgot to take her birth control consistently. Ariana was too embarrassed to ask her mom for condoms. For Olivia, “it just kind of happened.” On the subject of abortion, Ariana is the only one who speaks about it directly. She’s religious. It was never an option. 

Crystal, the movie’s wise sage who works at Compassion House, says that girls aren’t learning basic sex education in school anymore.

None of that matters now, as the girls’ lives come spectacularly undone once they leave the shelter and support of Compassion House and move out on their own after the birth of their kids. The girls’ lives go so horribly wrong that I almost wondered if parts of the film had been staged.

Grace, a beautiful, impossibly childish girl, runs away again to live the life of a degenerate teen, vaping and doing shots around a bonfire. She leaves her baby behind with her mother, who, with four other kids to raise, is buckling under the responsibility. Grace is mystified as to why she doesn’t want to be a mom. It’s not your fault. Society failed you, the filmmakers want us to scream. And I do, silently. 

Olivia goes away to juvenile detention for a year, missing her baby’s first steps. The second she gets her ankle monitor off after returning home, she takes off with her kid. 

Ariana’s story is the saddest because, for a moment, the filmmakers let us believe she might beat the odds. Early in the film, still at Compassion House, we see Ariana’s list of goals, written out in pencil. She wants to get her own apartment and a nursing degree, find childcare, get on food stamps. It’s an impossible list for a 17-year-old but she seems so determined and clear-eyed. 

Even with a supportive partner and a tidy home, reality catches up to her. Without a GED and no time to finish it, she can’t get a better job and can’t afford childcare. The bills are piling up. And then she ends up pregnant again. 

How did we get here? The movie is careful not to blame the obvious scapegoats — pro-lifers and right-wing politicians — and equally careful to not suggest abortion as the only or even the most immediate solution. Crystal, a woman who manages Compassion House and a former teen mom herself, says that she’s a Christian and she’s pro-choice, but “the pro-life movement won the war against abortion a long time ago.” Her role in all this is just to give these girls a chance to survive. 

I want to be mad at the film for not advocating harder for abortion access but also have to agree that teen pregnancy is a multi-headed hydra that will be solved with a lot of different approaches. Helping girls know how to identify a uterus before they start having sex seems like an obvious place to start. 

CNBC published a list of the 10 worst states in which to live.

These are factors that should be considered by businesses before relocating.

The rankings considered: Crime rates, air quality, healthcare access, worker protections, and civil rights laws…among factors that can hurt a state in quality of life rankings.

Tennessee ranks as the worst state. Texas is the second worst.

These are the 10 best states in which to live.

Nebraska ranks #1.

It also ranked #1 in the Network for Public Education’s report card on states that support public education.

Where does your state rank?

Last week, Trump gave an address to the nation about malign attempts by foreign powers to influence our elections. He said that China was meddling in our elections, but the documents he released pointed to Russia’s efforts to help him. When he ran against Biden in 2020, the documents showed, Russian propaganda tried to portray Joe Biden and his son Hunter as recipients of foreign bribes; multiple investigations never produced any evidence for these claims.

Ironically, MSNOW points out, Trump has eliminated the federal agency that helped protect election security. You have probably never heard of that agency (CISA), so he correctly assumes that you won’t notice.

Now the Department of Himeland Security says it will offer election security only to states that hand over their voter rolls.

It’s important to remember that the U.S. Constitution gives states the power to control their elections, not the President or any federal agency.

 and  write:

President Donald Trump says he is worried about foreign interference in U.S. electionsThat was the reason he gave when he released declassified intelligence documents last week that ended up undercutting his own baseless claims about rigged elections.

In his primetime address on July 16, Trump said the U.S. “must take urgent action” to protect voting infrastructure against foreign actors. But shortly after taking office last year, Trump gutted a key agency designed to protect America’s elections from exactly that. 

It’s called the Cybersecurity and Infrastructure Security Agency — an office created during Trump’s first term. CISA is one of the main federal partners for states on election security, sharing intelligence on potential threats to voting infrastructure and providing quick regional support. 

After Trump returned to office, the cyber agency housed under the Department of Homeland Security took a major hit. Elon Musk’s DOGE fired more than 100 workers, including election security advisers. More than 600 others were placed on administrative leave, were reassigned or took buyouts. 

Now the Trump administration is telling states they will only receive resources if they hand over voter rolls to be screened through a new federal database that a judge recently deemed unlawful in its current form.

That database is known as the Systematic Alien Verification for Entitlements, or SAVE, which experts and a federal judge are concerned has a high error rate that could disenfranchise voters. 

Homeland Security Secretary Markwayne Mullin said CISA will release an “election infrastructure plan” in the next 30 days — barely three months out from the midterms, which will determine which party controls Congress.

“If they participate in the SAVE program, we’ll provide the resources and training to support state election integrity,” Mullin said last week. “We’re not trying to change the outcome.”

‘They’re flying blind

Multiple current and former senior election and national security officials told MS NOW that they could not recall a time when the federal government held back resources and money meant to secure America’s elections. 

And multiple state election officials have said they are not receiving any briefings on possible foreign threats to election security from the federal government. Such briefings were once a regular occurrence, they said.

During the first Trump administration, “we were collaborative — carrots rather than sticks,” said one of the former officials, who was granted anonymity to speak candidly. The second Trump administration is “very much focused on sticks.”

One election official in a swing state said the difference from 2024 is stark, saying that “it’s every state for themselves.” The official spoke on the condition of anonymity over concerns about retaliation from federal officials. During the last cycle, the state official said they had a regional federal cybersecurity expert “on speed dial” who could “see the whole puzzle.”

That doesn’t exist anymore, and without it, the state election official said, “we’re less informed on the pattern of the attackers and are slower to respond.” 

“I’ve literally never heard anybody effectively say ‘to keep you safe, you have to give me what I want,’” said the swing state election official, referring to DHS threats to withhold resources if states don’t hand over sensitive voter data. 

The risks compound at the local level, they added: “Does [a clerk’s] laptop have the IT infrastructure to defend against an attack from Iran? That’s what keeps me up at night.”

Cait Conley, a West Point graduate and combat veteran who served as the senior adviser to the director of CISA during the Biden administration, accused Trump of gutting the agency and sowing doubt about the security of U.S. elections in his speech last week. 

“If Donald Trump were truly concerned about election security, he would not have fired hundreds of federal workers whose jobs were to secure our elections,” she said. Conley is now running for Congress in New York as a Democrat. 

To continue reading, open the link.

I am once again posting a fascinating account of an important district in Texas. The district is Tarrant County. It’s the third largest district in Texas. For a long time, it was reliably red. Now, we learn in Michelle H.Davis’s post, it is close to turning blue.

You can help by sending contributions of any size to candidates she describes. I was moved to send $100 to Alisa Simmons, whom she describes near the end of the post. Any of the candidates mentioned would appreciate $10, $25, whatever you can afford.

The best part of the post is that it gives you a flavor of why these races matter. Like the contest for leadership of the prison, where more than 70 prisoners have died while in custody since 2017.

Davis writes:

This is the third installment of this series, where we’re looking at election data from the largest counties to see where we need to be for our hypothetical big blue wave in November. If you missed our previous installments:

Harris and Dallas, the only counties with higher populations than Tarrant, are reliably blue and need to focus on turnout. Tarrant, on the other hand, is where the battleground is. It’s a swing county because Republicans have held the reins of county government for too long. 2026 could be the year that changes. 

Twenty years ago, Tarrant County was over 75% white and the largest red county in America. 

Tarrant County

And of course, we know that Demographics are not destiny, but we can see in Tarrant County that votes have been trending blue for a long time. 

More than that, there’s a heavy burden on Tarrant County, just like Harris and Dallas. In 2024, 7.96% of all Texas Democrats lived in Tarrant County. And in a state as big as Texas, that’s a lot of weight to pull. 

The good old boys are still hanging on. 

Because here’s the thing about Tarrant County. This isn’t a story about demographics slowly working their magic while everybody waits around for the numbers to catch up. This is a county government that knows exactly what’s coming and is doing everything in its power to make sure it never arrives. They’ve gerrymandered mapsThe Tarrant County jail that can’t stop killing peopleThe County Judge told the only Black woman on the Commissioners Court to shut up. This is what a dying regime looks like when it still has its hands on the levers.

Start with Tim O’Hare, the County Judge. Before Tarrant, O’Hare was mayor of Farmers Branch, where he made it his life’s work to run Latino residents out of town, an obsession that ended up costing that city millions in legal feesHe brought the same energy to Fort WorthHe’s taken money from the Defend Texas Liberty PAC, an organization with documented Nazi ties, and he has never denounced it, not once, not even when asked directly. He led the charge to defund Girls Inc. of Tarrant County, a program that serves Black and Hispanic girls. And in April of 2025, in front of the entire Commissioners Court, he told Commissioner Alisa Simmons, a Black woman, to “sit down and be quiet,” then accused her of lacking “a semblance of class.” Read that however you want. 

He’s not doing this alone. Tony Tinderholt, the just-retired state rep, announced he was running for Simmons’ own Precinct 2 seat the day after the county’s gerrymandered map passed. Tinderholt is also one of the Texas House’s top recipients of Defend Texas Liberty PAC cash, and he was one of the few Republicans in the state to vote against the CROWN Act, a bill that simply says you can’t fire someone for their hairstyle.Matt Krause, another commissioner, used to represent a State House district that federal courts had once found to have been racially gerrymandered. This is the bench.

And then there’s the jail. Sheriff Bill Waybourn has been in office since 2017, and in that time, more than 70 people have died in his custodyAnthony Johnson Jr. died of asphyxiation after a jailer knelt on his back for over a minute while he said he couldn’t breathe. Two former jailers are now indicted for murder. The county has paid out more than $4.3 million settling lawsuits over deaths and abuse in that jail. When Commissioner Simmons has tried to get Waybourn to brief the court on what’s happening inside, she’s refused, calling her requests “hostile.” Waybourne has also spoken at a Turning Point USA event, an organization with its own well-documented ties to white supremacist rhetoric.

And the redistricting, the whole reason Tinderholt is running for Simmons’ seat in the first place, is because the Commissioners Court redrew Precincts 1 and 2, the only Democratic-held seats, and O’Hare admitted on camera it was to lock in a Republican majority. Simmons and her fellow Democratic commissioner had the UCLA Voting Rights Project analyze the new maps, and the conclusion was that every proposed map packed Black and Hispanic voters into a single district to dilute their power everywhere else. Lawsuits were filed. They got dismissed on procedural grounds. The map stands for 2026.

But something has shifted in Tarrant County. Democrats have been sweeping local races, and Taylor Rhemet’s win was the cherry on top.

Last year, Democrats flipped multiple school boards in Tarrant County. This year, they flipped several city council races across the county. And on January 31, Democrat Taylor Rehmet beat Republican Leigh Wambsganss for a state Senate seat that hadn’t gone blue since 1991. Not close, either. 57% to 43%, in a district Trump carried by 17 points just over a year earlier. Wambsganss outspent him by two million dollars. She’s the chief communications officer for Patriot Mobile, the outfit that’s spent the last several years funding the Christian nationalist school board takeovers. 

Hispanic voters did that. In some of the heavily Latino precincts on Fort Worth’s north side, Rehmet outperformed Kamala Harris’s 2024 numbers by more than 50 points. That’s a mobilization story, the same one I’ve been telling you about Harris and Dallas counties, except this time it happened in a district that hadn’t elected a Democrat to that seat in 35 years. Rehmet and Wambsganss go at it again in November for the full term, and if Tarrant Democrats can do what they did in January one more time, that seat is gone for good.

Down at the State House, the map is a little friendlier, if you squint.

Five Republican-held House seats anchor themselves in Tarrant County, and depending on how big this wave gets, we could see two of them flip. Maybe four. Maybe all five, though that’s the kind of year Democrats haven’t had here in three decades.

HD93 and HD96 are the two to watch first. HD94 is Tony Tinderholt’s old seat, now open since he’s bailing to run for Simmons’ commissioner spot, and Democrat Katie O’Brien Duzan is running there. HD96 has an open seat left by David Cool, defending against Democrat Ebony Turner, in a district that’s been quietly drifting for years.

HD98, Giovanni Capriglione’s old seat covering Keller, Colleyville, and parts of Southlake and Grapevine, is open too after his retirement, with Democrat Cate Brennan running.

HD94 and HD97 round out the list, the kind of districts that turn competitive the moment turnout ticks up, exactly like it just did in SD9.

Two of these flip in a decent night. Four flip if Tarrant does in November what it just did in January. And if all five go blue, that’s no longer a wave. That’s Tarrant County telling the rest of Texas the fight is already over.

Congressional seats to watch.

Tarrant now sits inside four competitive-adjacent congressional districts, and all four have a name on the ballot worth knowing:

  • TX24: Beth Van Duyne vs. Kevin Burge, a Marine Corps veteran who worked in the DIA and served in Biden’s White House Situation Room. Not a top-tier flip on paper, but this is the district that got carved through Tarrant’s fastest-diversifying suburbs, and it’s the one to watch for over-performance.
  • TX12: Craig Goldman vs. Heli Rodriguez-Prilliman, a Fort Worth entrepreneur running her first race. Goldman inherited Kay Granger’s old seat, and this is the most Tarrant-heavy of the four districts.
  • TX25: Roger Williams vs. Dione Sims, who won her primary runoff outright. This district picks up Arlington and Grand Prairie, the same ground that just delivered Rehmet’s win.
  • TX06: Jake Ellzey vs. Danny Minton, though only a sliver of this district touches Tarrant at all, it may be the most populated part of the district.

None of these is the marquee pickup Rehmet already delivered. But they’re the four names that turn a good night in Tarrant into a great one down-ballot, and if the county keeps trending the way Rehmet has shown it can, one of them stops being a long shot sooner than people think.

Now let’s talk about Alisa Simmons, because she’s the whole ballgame.

Simmons is the Precinct 2 commissioner Tim O’Hare told to sit down and be quiet, and this November, she’s running to replace him.

Before politics, Simmons spent 12 years as a broadcast journalist and then 18 years running budgets and public safety communications for the Tarrant County 9-1-1 District, the kind of job where you learn exactly how county government works and exactly where it breaks down. She spent ten years as president of the Arlington NAACP, served as second vice president of the Texas NAACP, and sat on the ACLU of Texas board. She ran for HD94 in 2020 and lost, then won her Precinct 2 commissioner seat in 2022. Since then, she’s been the loudest, most consistent voice on that court, demanding accountability from the jail, fighting the defunding of Girls Inc., and opposing the elimination of free rides to the polls.

When O’Hare and his Republican majority redrew her own precinct to make it harder to hold, Simmons ran countywide instead. And on March 3, she didn’t just win the Democratic primary for County Judge, she buried it.

Her platform is exactly what you’d expect from someone who’s spent years watching this county’s dysfunction up close. A full Department of Justice review of jail operations, independent oversight with actual teeth, and a direct reckoning with the 76 lives lost in that facility since 2017. She’s running on affordability, on fiscal responsibility that doesn’t require dipping into reserves to cover basic obligations, and on ending what she calls the constant partisan theater that’s replaced actual governance on that court. In her own words, it’s time for the Tarrant County government to get to work instead of getting into shouting matches.

I expect her to win in November. I’m not just saying that because I like her, although I do, a lot. I’m saying it because the numbers back it up, because O’Hare’s own party is nervous enough about Tarrant that they’re gerrymandering commissioner precincts mid-decade instead of just running on their record, and because Simmons has already shown she can win a race Republicans specifically redesigned to make sure she couldn’t.

So what does it actually take to get there?

Turnout, same as always. Tarrant County has nearly 1.5 million registered voters, and the difference between a good night and a great one lives entirely in the precincts that already agree with us and just haven’t been asked to show up yet. 

The Hispanic vote that swung so hard left for Rehmet in January has to swing that way again in November, and it will, if the same organizing that worked in that special election gets replicated at scale. 

The Tarrant County Democratic Party fielded its broadest slate of candidates since 1994 this cycle. That’s not an accident either. That’s what happens when people stop waiting for demographics to save them and start building the infrastructure to ensure demographics actually show up.

Tim O’Hare knows what’s coming. That’s why he’s spent his entire tenure trying to outrun it instead of earning it. Alisa Simmons is the one running straight at it.

You can learn more about Alisa Simmons on her websiteFacebookInstagramTikTok, and Threads.

If you’re in Tarrant County, please consider volunteering for her campaign.

Donate here if you can.

Tarrant County doesn’t need to wait for a statewide wave to matter.

It needs its own county government back, and it’s closer than it’s been in thirty years.

Rehmet already broke the seal. Simmons is next. Somewhere between two and five House seats are up for grabs. The good old boys know it, which is why they gerrymandered instead of governing.

Show up, and Tarrant stops being the excuse Texas Republicans hide behind. It becomes the county that ends them. And in 2026, Democrats take back Tarrant County.

This is a thoughtful essay on a crucial problem: shrinking enrollments in higher education and the budget cuts to meet them. Julian Vasquez Heilig lays out the problem and the typical response. He thinks there is a better way and he describes it.

Heilig is on the faculty of Michigan State University and is a national expert on topics such as diversity, equity and inclusion.

He writes:

The warning signs are no longer theoretical. Schools are closing. Colleges are preparing layoffs. Faculty buyouts are spreading. Academic programs are disappearing. Dorm beds are sitting empty. Classrooms are thinning out. Tax revenue is weakening. State appropriations are uncertain. Consultants are being hired and paid millions to identify “efficiencies.” Boards are quietly discussing mergers and closures. American education is entering a period of deep instability.

This is not only a crisis for presidents and superintendents. It is a crisis for communities. When a school closes, a neighborhood loses more than a building. When a college cuts faculty and staff, a region loses jobs and opportunity. When families question whether education is worth the price, the consequences ripple through local economies and democracy itself.

In this article, I first define the problem. Enrollment pressure, funding instability, demographic change, and political attacks are converging across K-12 and higher education. These pressures are already producing closures and painful restructuring. But this is not only a warning. At the end, I turn to what communities can do through politics, public pressure, local organizing, accountability, and leadership selection before the choices become narrower.

The Warning Signs Are Already Here

At my own institution, public projections suggest new student enrollment could decline somewhere between 3 and 5 percent this year. If those projections hold, that would mark a return to consecutive enrollment declines after the gains achieved during my years as provost. During that period, we reversed an almost decade-long enrollment slide.

That is alarming because this moment was supposed to be the “high water mark” before the demographic cliff. WICHE projects that the total number of high school graduates will peak around 2026 and then decline steadily through 2041. Universities were supposed to be maximizing enrollment now. Instead, some are struggling while the student pool remains historically large.

In many ways, education is being pushed into an arena where resources are shrinking and the odds are being rewritten before many institutions understand the rules.

The Old Survival Strategies Are Running Out

Much of higher education survived the past several years through strategies that are becoming unsustainable. Institutions poured millions into financial aid discounting. They leaned harder into full-pay families. They expanded retention offices and predictive analytics systems. They built student success centers and advising infrastructure. They spent heavily on marketing and enrollment staff.

Ironically, retention and enrollment strategy helped save some institutions from earlier financial pressure. During my time in executive leadership, we understood that higher education had entered a new era of competition. Universities were no longer competing only over prestige. They were competing over affordability and survival.

Financial aid, student success infrastructure, and community partnerships became essential tools. Institutions that moved aggressively like Arizona State and Georgia State often stabilized themselves. Institutions that remained complacent fell further behind.

But even enrollment growth stories now face new threats. Federal research funding is unstable. State appropriations remain uncertain. Inflation is pressuring budgets. Some states like Michigan have seen stronger FAFSA activity. Yet many families are questioning the value of higher education. Political attacks have also weakened public trust while threatening research capacity and institutional autonomy.

Please open the link to read Heilig’s creative proposals for meeting the crisis.

CNN reports on a growing phenomenon: banning young children from social media. France is the first European nation to do so, and others are set to follow. This action reflects growing concern about the effect of social media on children’s attention span and exposure to inappropriate content.

CNN reported:

French lawmakers voted Tuesday to ban social media use for children under the age of 15, making it the first country in the European Union to introduce such an age limit.

Australia made history late last year when it implemented the first ban on social media for under-16s. The British government announced similar restrictions last month, expected to come into effect next year. Spain, Greece and Denmark are also planning to impose minimum age limits for social media use.

French lawmakers overwhelmingly voted in favor of the bill, which was strongly backedby France’s President Emmanuel Macron. He will now sign it into law.

“Social media will be banned for children under 15 starting this school year,” he posted on X after the vote as he thanked lawmakers for passing the bill.

“The brains of our children and our teenagers are not for sale,” he had said in a video message in January. “The emotions of our children and our teenagers are not for sale or to be manipulated, neither by American platforms nor by Chinese algorithms.”

Macron had ordered the French government to expedite the bill’s passage through parliament, with the aim of having legislation in place for the beginning of the new next school year in September.

It is not yet clear how the social media sites will verify users’ ages. Australia requires companies to “take reasonable steps” to prevent underage children from opening or keeping accounts, and the French government has promised to implement age controls to back up the law.

Members of the French Senate debate a draft law that aims to ban social media access for children under 15, in Paris, France, on March 31, 2026.

Members of the French Senate debate a draft law that aims to ban social media access for children under 15, in Paris, France, on March 31, 2026. Firas Abdullah/EPA/Shutterstock

Earlier versions of the legislation also included proposals for a ban on advertising promoting social media to children, including by influencers, and to require advertisements for social media platforms to carry the warning: “Dangerous products for children under 15.” However, these plans did not make it into the final bill.

The new law will be enforced by Arcom, France’s audiovisual and digital communications regulator. It is expected to apply to all the major platforms.

According to Arcom, children aged 12 to 17 in France spend an average of 1 hour and 21 minutes a day on TikTok. The regulator says the platform’s recommendation algorithm tends to promote the most “extreme” content, exposing teenagers to a continuous stream of anxiety-inducing or otherwise harmful videos.

Social media companies say they already take steps to protect children from some kinds of content.

‘Real change of atmosphere’

The proposal for a ban was welcomed by many French parents earlier this year.

“I think it’s great,” mother-of-six Geraldine Delacroix told CNN in March. “Now I’m waiting to see how it’s workable, but in any case, it’s better than nothing,” she added, noting that children could often get around existing parental controls. “Even if we block, they find ways to get around it,” she said.

In her work as a pediatrician, Delacroix has seen a growing distrust of smartphones and social media over the past decade among her patients’ families. “People are tense (about smartphones),” she said. “There’s been a real change of atmosphere.”

To finish reading the article, open the link.

About a dozen years ago, I heard from Ted Dintersmith. I didn’t know anything about him other than that he was a venture capitalist who was interested in education reform. My hackles went up, because the term “venture capitalist who was interested in education reform” immediately conjured up images of Democrats for Education Reform,” a faux group that is dedicated to charter schools, Teach for America, evaluating teachers by student test scores, and union-busting.

When I thought about the people in this category, I thought about very wealthy men like Ravenal Boykin Curry IV, Whitney Tilson, John Perry, Ken Griffin, Jeff Yass, Daniel Loeb, Arthur Rock, Joel Greenblatt, Bruce Rauner, and Paul Tudor Jones. They are financiers who have committed millions to the cause of privatizing public schools. They are united in their contempt for public schools, teachers, and unions.

So I was wary of Ted and suspicious of his motives. And I pushed him aside, thinking he was part of the cabal of know-it-all entrepreneurs with a zeal to reform (privatize) public schools.

So, I now publicly admit that I was wrong. Ted has traveled the country, visiting schools and listening. He knows how hard teachers work, and he admires them. He has teamed up with some savvy people, like Tony Wagner and the late Sir Ken Robinson, to produce films and write books.

When I recently read his latest article, I realized that I had completely misjudged Ted. He doesn’t want to destroy public schools or privatize them. He wants to make them better. He wants students to love school and learn what they need to know to make informed choices.

He has seen some good charter schools (as I have), but he knows that a few hundred charter schools won’t lead to the transformation of tens of thousands of public schools. And–my thought–to the extent that charter schools defund public schools, they create more problems, more inequities.

So, I hereby apologize to Ted Dintersmith for prejudging him and for lumping him with the Billionaire Boys Club, those who see school transformation as a hobby.

When you read this post you will see that he doesn’t have all the answers, but he is asking the right question.

He writes:

About these notes: Always Monday. Always short. Always free. Always about civil society’s future. At times, interesting. If this was forwarded to you, subscribe here.

First, thanks for your feedback on my recent posts. My goal of late is to explore the various factors causing America to unravel. Toward a systems model of the forces undermining America’s democracy, moral compass, and social cohesion. Today, education.

For five decades, U.S. education policy has been driven by two goals: test scores and college. The No Child Left Behind Act in 2002. Then in 2010, Common Core. Obama’s rallying cry: “By 2020, the United States will once again lead the world in college completion.” Our all-consuming education focus. With massive collateral damage.

Let’s start with the funnel. While the college path works out well for some, most end up on the wrong side of education’s Bell Curve. Over half go directly to career, lacking a hirable skill and often with gutted self-esteem. Of those heading off to college, half don’t finish. Of those who graduate, half don’t get any kind of dream job. A system that’s produced some 43 million adults burdened by $1.8 trillion of student loan debt.

With a boost from Harvard-educated JFK, America grew to equate a prestigious college degree with human worth. This equivalence worked its way into news stories, movies, television shows, commercials . . . and labor markets. Prestige employers (that’s you, Goldman Sachs and McKinsey) made an elite college degree the essential hiring criterion. Less glamorous companies (that’s you, Sherwin-Williams) made a college degree mandatory for promotions. Rich families push their kids from the womb toward an Ivy+ degree. Poor families want the same for their kids. University research teams (that’s you, Georgetown) produce skewed studies touting a massive $1.2 million earnings lift for college grads. The Federal government opens the spigot for readily-obtained, impossible-to-shake student loans.

We’d like to think that America’s education system levels the playing field, but it does the opposite. The SCOTUS 1973 San Antonio Independent School District v. Rodriguez says it’s just fine for U.S. public schools to be largely funded by local property taxes. Rich kids are showered with resources’; poor kids show up to school hungry. Test scores point to an education ‘achievement gap’ that gets pinned on our teachers – not America’s staggering income inequality. The system’s winners feed elite colleges that educate more students from the richest 1% of families than from the bottom 50%. For more, read Paul Tough’s book The Inequality Machine.

With college placements as the measure of success, America’s K12 schools became college-ready test-prep institutions. Pit kids in dog-eat-dog competitions: class rank, SAT scores, AP scores, college placement. A barrage of state- and Federally-mandated multiple-choice exams that rank kids, teachers, schools, districts, and states. Clear marching orders for K12 schools – train kids to perform well on multiple-choice exams and get them off to some college.

To this day, America relies on two numbers to define the education quality of a school, district, state, nation, and human. Math and reading scores. That’s it. Don’t believe me? Just note what journalists write and what policymakers cite. We’ve pushed generations of young Americans to get those damn test scores up. No worries if we short-change career-based learning, civics, history, and art. No worries if we disenage kids and demoralize teachers. No worries if a relentless focus on rote learning crushes a child’s curiosity, creativity, joy, and agency. No worries if kids get the soul-sucking message that what matters in life is outcompeting others on pointless tasks. Education priorities that encapsulate the classic definition of insanity – doing the same thing over and over, expecting different results.

So many reforms, so little change

During their formative K12 years, America’s kids take more than 100 standardized exams. These cost-minimizing exams are expressly designed to be graded by a computer. And if a computer can grade a task, it can do that task. In every sense, we push kids to develop rote skills that machines handle flawlessly. Already, AI aces every assignment and exam required to graduate magna cum laude from Harvard. Reading exams call for regurgitating what’s put in front of you – perfect training for conspiracy-absorbing adults. Math exams are tied to esoteric micro-procedures (e.g., factoring polynomials) that adults never use. Yet we chase these scores, for decades, making no progress, ignoring Goodhart’s Law: “Any measure that becomes a target ceases to be a good measure.”

There you have it. America’s colossal education botch. Train kids to perform rote tasks. Crush out the essential human traits of curiosity, audacity, creativity, agency, and joy. Standardize what’s taught and tested to produce data that ranks and sorts — rather than helping each child develop their distinctive human potential. Most get a chronic ‘you lack proficiency’ message in a system that heaps advantage on the affluent. Botched priorities, paving the way to our current nightmare. A populace unable and unwilling to critically analyze the torrent of lies coming from the White House. A populace that holds its nose to vote for a convicted felon who rails on the ‘educated elite.’ A boiling cauldron of resentment, corruption, and anti-science vitriol. As to how this has worked out, read David Brooks’ fascinating How the Ivy League Broke America.

I don’t offer these views on education casually. For the past fifteen years, I’ve immersed myself in this world. I’ve visited hundreds of schools, and convened thousands of conversations, all across America. I celebrate the bright spots in my books (What School Could Be: Insights and Inspiration from Teachers Across America) and films (Most Likely to Succeed and Multiple Choice). But I’ve seen the failure. Failure caused by an obsolete system and failed accountability measures. Our classroom teachers are heroes. It’s not easy to fight the system, but many do. Give special thanks to the teachers in your life, who persevere despite being shortchanged on pay, respect, and trust. They endure in an entrenched system that has churned out generations of young adults ill-prepared for career, citizenship, and life. A system sowing the seeds for democracy’s collapse.

Three Bold Ideas

Career-Based Learning for All: My recent film Multiple Choice showcases a mainstream public school district that immerses all high-school kids in career-based learning across a range of skills (e.g., carpentry, welding, healthcare, cybersecurity, digital media, AI). Better for the career-bound and, a bit surprisingly, better for the college-bound. The key is making career-based learning essential for all kids, not just ‘those’ kids who don’t resonate with academic curriculum.

Finland: America can learn much from Finland. Their remarkable education progress resulted from a budget crisis that forced them to choose between data and educator excellence. They dumped all standardized tests and focused on developing outstanding classroom teachers – better training, more pay, loads of respect. Finnish kids spend comparatively little time on ‘school’; even high-schoolers have just six hours of class time and homework during the school week. Lots of time for play and exploration. A well-educated populace. For more, read Pasi Sahlberg’s Finnish Lessons.

Accountability: Base accountability on a child’s growing ability to create and carry out initiatives that help make their world better. Portfolios of purpose, not a checklist of counterproductive numbers. Check out New York’s Performance Standards Consortium or read Tony Wagner’s Mastery.

Bonus Idea: Long talked about, America would be well-served if every high school graduate engaged in public service — lifting up their community while developing important skills. Those going on to college bring maturity and real-world experience to years often wasted on beer pong. Those eschewing the college path are off and running with purpose and skills. Young Americans across all demographics in a melting pot that bridges our current demographic and political divides.

Nervously

Ted

Kelly Edgar taught music in Clark County, Nevada (Las Vegas) for 25 years. She recently wrote this article in The Nevada Independent about the dangers of charter schools.

She wrote:

Charter schools have been touted as the solution to our “failing public schools.” To be fair, the original intention was good. Those who founded the charter school movement envisioned it as a way to collaborate with public schools by finding creative solutions for students who weren’t thriving in traditional educational settings. 

But that’s not what’s happening today. Since retiring from the Clark County School District in 2024, I’ve developed my own theory: Between the dismantling of the Department of Education and free market ideologues wanting in on public school tax dollars, it’s now clear that the goal of privatizing education has been decades in the making. And charter schools are the stepping stones to get the job done.

Most people assume that charter schools are public schools because they’re free to attend and publicly funded. However, unlike traditional public schools, many are managed by private, for-profit companies — such as Academica in Nevada — and they filter enrollment via applications and lotteries.

Moreover, they do not have publicly elected school boards. In other words, we have no say on how our tax dollars are spent in charter schools because oversight is lax. Yet a charter school principal, a charter school founder and members of Moms For Liberty (which has direct ties to the school privatization movement) can sit on our school board.

Public education certainly has its challenges. I devoted decades to working inside the system and spent my final years sounding the alarm about overcrowded classrooms, insufficient resources, district leaders with ulterior motives and a lack of teacher autonomy. 

What I didn’t realize was that we were being sabotaged by the very people selling taxpayers the solutions

According to a July 2026 report by the Network for Public Education, there’s a direct correlation between academic achievement and per-pupil funding. States that support public schools outperform those that do not. So why is Nevada’s education system still ranked 48th in the nation despite “historic education funding” being passed in 2023?

Because you can’t pour water into a leaky bucket and expect it to hold. The funding was a start, but it wasn’t enough to compensate for the fact that Nevada also aggressively redirects public funds toward “private alternatives” such as charter schools. As the Network for Public Education puts it, “Privatization and disinvestment go hand in hand.”

The groundwork for all this was laid when the President Ronald Reagan’s administration, ahead of his 1984 re-election campaign, convinced Americans that we were A Nation at Risk, public schools were to blame and only Reagan could save us. This report simmered with “apocalyptic rhetoric” and the media seized on it like a dog with a bone because nothing grabs attention better than lines such as “the educational foundations of our society are presently being eroded by a rising tide of mediocrity.” 

What A Nation at Risk and major news outlets failed to mention, however, was a statistical sleight of hand called Simpson’s paradox. Students weren’t actually doing worse; more students, not just the privileged few, were taking the Scholastic Aptitude Test. In fact, President George Bush’s own commissioned study concluded that on nearly every measure, scores held steady or improved. But those findings were suppressed, and politicians on both sides of the aisle doubled down on the same flawed premise that public schools were failing America.

Rather than addressing systemic poverty, which we know affects educational outcomes, politicians and corporate philanthropists wasted billions of dollars micromanaging teachers and student learning with policies and programssuch as No Child Left Behind, Race to the Top and Common Core.

And when public schools didn’t crumble under those “reforms” as anticipated, the Council for National Policy (CNP), a conservative network, manufactured a new crisis: convincing the American people that teachers are indoctrinating their children with radical, anti-American ideologies.

The impact of this conspiracy on teacher morale has been brutal. We went from being treated as professionals to villains overnight, pouring ourselves into our work just to be disparaged by the media and pundits who would never survive a day in our shoes.

But sadly, breaking us was the point so they could justify defunding public education, sell parents on charter schools and other private alternatives under the guise of “school choice,” and “save” Americans from the crisis they created.

In 2017, the council provided the Trump administration with a blueprint to return education to “free-market private schools, church schools, and home schools as the normative American practice.” This “Education Reform Report” became the foundation of Chapter 11 of Project 2025. 

And while we haven’t seen every part of their mandate unfold in Nevada, there are red flags. Clark County schools are seeing their lowest enrollment numbers in decades, with many parents opting for alternatives, citing “lax classroom discipline” and “poorly performing public schools.” One would assume lower enrollment could have been an opportunity for the district to address parents’ concerns by decreasing class sizes and offering more individualized attention. But instead, the district was forced to declare a reduction in force that affects 60 licensed professionals because when students leave, the funding follows the child

And where are those tax dollars going? To Academica-managed schools, and more ideologically driven ones such as Founders Classical Academy, run by Hillsdale College, whose leadership has ties to the CNP network that wrote the privatization blueprint. 

The Clark County School District is not alone. Data indicate that by 2031, public school enrollment is projected to decline nationwide. 

This begs the question: If by 2031, more students are enrolled in charter schools, then aren’t charter schools just glorified public schools without the safeguard of public oversight? 

That absence of oversight is key when profit is the goal. It’s in the best interests of management companies to keep costs down. This inevitably leads to shrinking school budgets and compromising standards through raising class sizes, lowering pay and hiring less experienced teachers. And our students? Commodities. 

Which brings us back to square one. But this time, instead of pulling our children out of one free school to attend another free school, parents will be forced to either pay for private education or send their children to a potentially substandard charter school. As we face rising inflation and artificial intelligence replacing jobs, private school tuition is out of reach for most families.

The paradoxes of “school choice” can’t be ignored. Public schools educate every child who walks through the door, including those who need more trauma-informed care, more expensive interventions or who face severe learning challenges. These are often the same students that the “choice schools” didn’t have room for. Comparing the educational outcomes of a school that accepts every child to one that does not is, frankly, illogical, especially since the system is rigged against us: per-pupil funding follows the child while proposed federal budget cuts gut the very resources our students need most: Title I and Title II funding, Individuals with Disabilities Education Act protections and ample resources for arts education and mental health services. 

Healthcare in this country is run for profit, yet we have the highest maternal mortality rate of any high-income nation. We don’t blame doctors or hospitals. We point to the economic disparities built into a broken system. Let’s not repeat the same mistake with our children’s education.

Kelly Edgar taught in the Clark County School District for 25 years, specializing in music education.

The biggest lie about American school kids is that most are “below grade level.” This lie is repeated so often by prominent figures that it is widely believed. But it’s not true. Those who believe it are wrong. Those who repeat it, knowing it’s not true, are liars.

The source of the lie and the confusion is clear: the achievement levels in which NAEP scores are reported. The levels are “advanced,” “proficient,” “basic,” and “below basic.” When the media write about the latest release of NAEP scores, they frequently treat “proficient” as “grade level.”

But “proficient” is NOT “grade level.” It represents solid achievement, a rigorous aspirational goal. “Proficient” is equivalent to a solid A.

Every NAEP report on test scores says clearly in a footnote that “proficiency” is not the same as grade level. For example: “NAEP Proficient does not signify meeting grade-level expectations.” Yet the media and prominent commentators who should know better repeat the lie that most students are below grade level. The fact is that most students will never reach the high bar of “proficient.”

In 2023, as Bruce Lesley points out, Biden’s Secretary of Education–Miguel Cardona–testified to a Congressional committee that only one-third of American students were reading “at grade level.” I was flabbergasted. I couldn’t believe he said something so outrageous. I called Dr. Peggy Carr, who at that time was the Commissioner of Education Statistics. She was as surprised as I was that Secretary Cardona repeated the erroneous statistic. I asked Dr. Carr whether she had ever briefed him on understanding NAEP results; she had not.

I gave her an idea. Propose a change in name for “proficiency.” Change the name to “mastery.” No one would claim that “mastery” was the same as “grade level.” She liked the idea and promised to take it to the board. Whether she did, I don’t know. But nothing changed.

Bruce Lesley wrote this open letter to the National Assessment Governing Board, which oversees NAEP testing. Lesley is president of First Focus on Children and its partner organization First Focus Campaign for Children, bipartisan advocacy organizations dedicated to making children a priority in federal, state, and international policy. He has led both organizations since 2006 and 2009, respectively, building them into recognized national voices on child health, education, early childhood, economic security, budget and tax policy, immigration, children’s rights, and more recently, international child policy.

He wrote:

To the National Assessment Governing Board, the National Center for Education Statistics, and the leadership of the National Assessment of Educational Progress:

Every institution whose work affects children should begin with one question: “Is this good for children?”

By that standard, the National Assessment of Educational Progress (NAEP) has some important issues that deserve to be resolved. First and foremost, your achievement-level labels — “Basic,” “Proficient,” and “Advanced” — are being weaponized against the very children NAEP exists to serve, and you know it, because your own staff has been saying so for twenty-five years.

To be clear, this open letter is not a claim that NAEP’s underlying data is necessarily wrong, and it is not an argument against NAEP. The argument and request is narrower: you have a real and critically important ethical responsibility to correct the public misuse of your own data. NAEP should defend its credibility against those currently diminishing it.

This Week’s House Mark-Up Provides Another Example

On July 15, 2026, the House Education and Workforce Committee marked up a ten-bill package to facilitate the dismantling of the U.S. Department of Education.

In his opening statement, Chairman Tim Walberg (R-MI) argued that “too many children can’t read or do math at grade level,” and used that claim as a central justification for several of the bills. That claim is false.

Chairman Walberg was drawing on NAEP data — the statistic that roughly two-thirds of American fourth-graders do not score “Proficient” in reading, which is wrongly cited as evidence of failing to meet grade-level reading levels. For some, this is done out of confusion and, for others, to promote a political agenda to undermine public schools. In reality, NAEP proficient is aspirational and reflects a standard that is well above grade level.

Unfortunately, during the markup, multiple members of Congress repeated the same error. But again, NAEP Proficient is not grade level. It has never been grade level.

When the public, the press, the administration, and Congress repeatedly miscite this fact, the National Assessment Governing Board (NAGB) must do much more to clarify and correct misstatements about what it means.

Education expert Peter Greene explains:

The problem is two fold. One part of the problem is that “proficient” is used on many state and local assessments to mean “at grade level,” or what once upon a time would have been called a gentleman’s C; this leads to some honest confusion for some folks. The other part of the problem is folks who are invested in the narrative that public schools are failing and who benefit from the confusion surrounding the term.

Greene adds:

And every time NAEP scores are released, education journalists write piece after piece explaining “proficient” all over again, usually in the wake of some prominent person decrying the large number of students not “at grade level.”

That confusion is NAGB’s responsibility to address, and it has deserved attention for years, but all the more NOW.

This Is Not a Partisan Problem

Chairman Walberg and his colleagues’ misstatements are only the most recent officials to make this mistake (whether unintentionally out of confusion or internationally), and the pattern runs through both political parties.

Secretary Betsy DeVos, in the first Trump Administration, told the public that two-thirds of American students could not read at grade level— the same inaccurate conflation Chairman Walberg and his colleagues made yesterday.

Secretary Miguel Cardona, testifying before Congress in April 2023 under the Biden Administration, told lawmakers directly that only one-third of students were reading “on Grade level,” treating a NAEP proficiency figure as if it were a grade-level statistic, in nearly identical language.

Potential Democratic Party presidential candidate Rahm Emanuel is doing it as part of his tour of early primary states

And Secretary Linda McMahon, in the current Trump Administration, has used more careful wording — noting that nearly 70% of eighth graders are “not proficient” in reading — but has paired that technically accurate phrase with language implying total system failure. A Snopes piece by Rae Deng described this claim as lacking its own level of reading comprehension because, again, it completely mischaracterizes what NAEP’s “proficient” standard means.

Outside advocacy groups have been considerably less careful than any of them.

Moms for Liberty has publicly proclaimed that 68% of children cannot read at grade level, a direct misstatement of NAEP data. Here is just one of many examples. 

Furthermore, one of the organization’s co-founders has separately misread a state’s NAEP proficiency rate as that state’s overall literacy rate. Wrong again.

Corey DeAngelis, a leading advocate for school privatization, vouchers, and against public education, has cited NAEP proficiency figures directly, without qualification, as evidence that public schools are a system-wide “disgrace.”

Greene captures these types of political misuse of NAEP data in this Substack post.

Curmudgucation The Most Misused Statistics In Education.If someone is telling you that some extraordinary percentage of students can’t read at grade level, they’re probably wrong…Read more3 years ago · 2 likes · 1 comment · Peter Greene

This confusion is intentional by people arguing for both the dismantling of public education and federal investments in children.

Unfortunately, NAGB’s silence has allowed that rhetorical usefulness to go unchecked under Republican and Democratic administrations alike, and it is being used right now, this week, on Capitol Hill to justify eliminating the very agency that funds and safeguards the data NAGB produces.

NAGB’s Own Experts Have Been Saying This for Years

In 2001, Mary Lynne Bourque and Susan Loomis — a staff member and a board member of the National Assessment Governing Board itself — wrote plainly that the Proficient achievement level “does not refer to ‘at grade’ performance,” and that performance at Proficient is not the same as being “proficient” in a subject as any ordinary person would use that word.

Chester “Checker” Finn, Jr., who chaired the panel that adopted the achievement levels in 1992, has been candid that the levels were designed to be aspirational — a description of where students should ideally arrive, not a diagnosis of where most currently stand.

NCES itself has attached a caution to NAEP score reports for years: the Proficient level “does not represent grade level proficiency as determined by other assessment standards.”

If NAEP’s own architects and NAGB’s own website already say this, it is past time to be diligent in correcting the record when people misuse and misstate what it means. It is also on NAGB to stop publishing results in a format that predictably, foreseeably, and repeatedly gets misread as a verdict on grade-level performance, especially when you can see exactly how that misreading gets used again and again.

The clearest confirmation of all of this comes from NCES’s own data. Researchers Gina Cervetti and Kathleen Hinchman mapped every state’s definition of fourth-grade “grade-level” reading proficiency directly onto the NAEP scale and found that, as of the most recent analysis, nearly every state’s own standard for grade-level reading lines up with NAEP’s Basic level, not NAEP’s Proficient level. That means the honest translation of the data runs the opposite direction from how Chairman Walberg and others use it: by the states’ own definitions of grade level, roughly two-thirds of American fourth graders are reading at or above grade level, not below it.

Cervetti and Hinchman are also blunt about what actually is a crisis in the data: not a reading crisis, but an equity crisis. In 2022, only 48% of students eligible for free or reduced-price lunch scored at or above NAEP Basic, compared with 76% of students who were not eligible — a 28-point gap that has persisted, largely unchanged, for decades.

That is a story about generational wealth and unequal access to housing, healthcare, and school resources, not a story about failing classrooms, and NAEP’s own framing continues to let people tell the wrong story with your numbers.

What Education Writers and Researchers Have Been Saying

Diane Ravitch, who served seven years on the National Assessment Governing Board under President Clinton, has called out the confusion between NAEP Proficient and grade level as one of the most damaging and persistent falsehoods in American education discourse, noting that NAEP itself explicitly warns against the equivalence you continue to permit others to make.

Greene has argued that cut scores like “Proficient” function as scaled, curved judgments dressed up as fixed standards — noting that if every child scored above a cut, the establishment reaction would be to declare the cut too easy, not to celebrate the achievement. That is not how a genuine, fixed criterion is supposed to behave, and it is worth NAGB’s honest reckoning.

Mark Weber, a New Jersey teacher and education researcher, has done careful public work mapping state proficiency standards onto the NAEP scale, and his conclusion undercuts a favorite talking point of your critics-turned-allies in this fight: there is no empirical evidence that closing the so-called “honesty gap” between state and NAEP proficiency rates does anything to improve student achievement. If setting state cut scores to match yours were actually the lever for better outcomes, we would expect to see it in the data. We do not. That matters because it means the standard is being imported into state accountability systems on faith, not evidence — exactly the kind of unsupported claim NAGB should be correcting rather than allowing to spread.

The Brookings Institution’s Brown Center on Education Policy has been making this same case for nearly two decades. Tom Loveless, the Brown Center’s longtime director, authored a 2007 report concluding bluntly that NAEP’s cut scores were set too high. 

His 2016 Brookings piece, “The NAEP Proficiency Myth,” went further, noting that the achievement levels came under critical review from the U.S. Government Accountability Office, the National Academy of Sciences, and the National Academy of Education shortly after they were adopted — with the National Academy of Sciences review concluding the achievement levels were fundamentally flawed.

Loveless adds:

Advocates of the NAEP proficient standard want it to be for all students. That is ridiculous. Another way to think about it: proficient for today’s eighth graders reflects approximately what the average twelfth grader knew in mathematics in 1990. Someday the average eighth grader may be able to do that level of mathematics. But it won’t be soon, and it won’t be every student.

That is not a stray outside critique. That is respectable experts in the field, writing for decades, about the very categories NASB is still using today without correction.

One Point Should Not Separate “Failing” from “Successful”

NAGB also owes the public an honest accounting of what a cut score actually is. A cut score is a single point on a continuous scale, chosen somewhat arbitrarily by a panel, above which a child is declared “Proficient” and below which the same child, one point lower, is declared “Basic,” which is actually grade level.

Two children who are functionally indistinguishable in what they know and can do are sorted into entirely different public categories — one used as evidence that a school, a state, or a federal agency is failing, the other treated as evidence of success — because of a single point set by a committee, not because of any meaningful difference in the children themselves.

That is not a rounding error. It is the mechanism by which your data gets converted into political ammunition.

If NAGB cannot explain, in terms parents can understand, why the child who scores one point below the line is a different kind of learner than the child one point above it, then the line is doing rhetorical work the data was never built to support.

As the psychiatrist and educator William Glasser warned schools decades ago, chasing a point or two of movement on a test score is precisely the wrong institutional goal — and yet that is the goal NAEP’s cut scores hand every state, district, and school in the country by default.

Researcher Andrew Ho makes a similar point. He has identified proficiency cut scores as arbitrary markers, set through what he calls an “overwrought, judgmental, and ultimately political process,” not derived from any fixed line in human learning.

Ho has also documented a specific illusion that follows from that arbitrariness: because a large cluster of students always sits near the middle of the score distribution, a cut score placed close to that cluster will make small, ordinary shifts in performance look like dramatic gains or losses, purely as an artifact of how many students happen to sit right at the line — not because anything real changed in how much they learned. A researcher with no stake in the politics of this issue is describing the identical mechanism that turns your data into a rhetorical weapon: the closer the line sits to where children actually cluster, the more your data will appear to swing wildly for reasons that have nothing to do with children’s learning.

Criterion-Referenced in Name, Arbitrary in Practice

NAEP describes itself as a criterion-referenced assessment, distinct from norm-referenced tests like the SAT that simply rank students against one another. That distinction matters, and I want to represent it accurately rather than overstate it — NAEP does not “grade on a curve” in the way the SAT’s percentile scoring does.

However, the practical effect on families is not so different as the label suggests. NAEP’s cut scores were set by hand-picked panels making judgment calls about what students “should” know, not derived from an external, agreed-upon standard of competence, and independent evaluators — including a National Academies review in 2017 — have called for stronger evidence connecting NAEP performance levels to any real-world outcome at all.

A test that is criterion-referenced in name but whose criteria were set arbitrarily, and whose results still track family income and race as tightly as any norm-referenced test on the market, produces the same practical harm as the norming bias critics have long raised: it tells us more about a child’s zip code than about a fixed, meaningful standard of what that child knows.

Notably, NAGB has conceded the point this year. The 2026 NAEP reading framework — administered to students for the first time this spring — now explicitly disaggregates racial and ethnic subgroup results by socioeconomic status, on the premise, well documented for decades, that apparent racial differences in test scores largely track socioeconomic differences. That is a welcome and overdue acknowledgment.

But it is also, in effect, NAGB admitting in 2026 what critics have argued for years: that the results have been measuring wealth and family circumstance as much as they measure “proficiency,” all along. If that acknowledgment is real, it should extend backward, to how NAGB talks about every score ever published, not just forward, to a single new breakdown in the data tables.

The Test Itself Is Not Neutral

Even setting the cut scores aside, the content of the test carries its own bias, and NAEP’s own commissioned reviewers have said so. The NAEP Validity Studies Panel — a technical review body NCES itself created and funds — published an analysis by Gerunda Hughes in 2023 documenting that the statistical methods used to build NAEP-style test items can systematically disadvantage the very students the test is supposed to serve fairly.

When an item is answered correctly by nearly every student, it gets treated as a poor “discriminator” between high and low performers and is typically cut from the test in favor of harder items, even though that easy item may represent exactly the content that should be mastered.

This is not a hypothetical risk. Education researcher Wayne Au, in Unequal by Design: High Stakes Testing and the Standardization of Inequality, documents exactly how this mechanism has played out on the SAT, a test built using the same basic pretesting logic NAEP relies on.

In his book, Au cites researchers Kidder and Rosner, who examined more than 300,000 SAT test-takers and the pool of trial questions used to build future exams and found that some trial questions were answered correctly by Black students, or by Latino students, more often than by White students. Those questions were then discarded — not because they were poor measures of the content, but because they failed to reproduce the racial score gap the rest of the test already produced. A question only “counted” as valid if high-scoring test-takers, who are disproportionately White, tended to get it right in pretesting.

My mother has verified the same process when she was asked to be on a panel to evaluate whether the item questions were “fair”. The publishers of the Texas State assessment at the time ran through the questions and kept throwing out questions as biased toward Black or Hispanic children if they scored the same or close to the scores of White children

In contrast, questions in which there was a substantial gap in favor of White students were not flagged – thus, “norming” the disparity in test score outcomes into subsequent tests. Although my mother repeatedly objected, she was overruled throughout the day and, not surprisingly, never asked back to be a reviewer.

The result, as Au describes it, is a self-reinforcing loop: item selection is calibrated to match existing racial score gaps, which locks those same gaps into every future version of the test, all without anyone ever explicitly considering race in the selection criteria. 

NAEP is a different test administered by a different organization, and I am not asserting that NAEP’s item-selection process has been documented to work in the same way. But NAEP uses the same category of item statistics that made this outcome possible on the SAT, and NAGB’s own validity panel has already flagged the risk. Given what is now documented on a test as consequential as the SAT, NAGB owes the public a direct, public answer to a direct question: has anyone checked whether NAEP’s item-selection process does the same thing?

There is also cultural and geographic bias. As the son of an English teacher and a math teacher, it should be no surprise that I did fairly well on standardized tests throughout my life. But I vividly recall a reading passage from the PSAT that focused on nautical issues and the definition of a “flotilla.” 

Having grown up in El Paso, Texas, a city located hundreds of miles from any coastline, the passage and vocabulary word were unfamiliar to any of us taking the test in the desert borderlands. On the other hand, we would crush a passage referring to “tortillas.” NAEP’s own reviewers have a name for this: cultural validity, the idea that a test cannot cleanly separate what a child knows from what a child has been exposed to.

Research that NAEP’s own validity panel cites has found that when students are allowed to choose among reading passages on different topics, rather than being assigned a single passage that may be unfamiliar or uninteresting to them, some groups of students — including Black eighth graders and Hispanic twelfth graders in the panel’s own cited study — score much higher. That is evidence that some of what NAEP currently measures is exposure and familiarity, not just reading ability, and it argues for reform in how passages and vocabulary are chosen, not just in how results are labeled.

Again, the validity panel’s report contains proof that this is a design choice, not a fact of nature. In 1972, the psychologist Robert Williams built a test called the Black Intelligence Test of Cultural Hegemony, using vocabulary and content drawn from Black American culture instead of the dominant culture’s frame of reference. When Black and White teenagers took it, Black students substantially outscored White students by substantial margins.

Nothing about the underlying children changed between that test and the SAT. What changed was whose knowledge and cultural fluency the test happened to be built around.

That single fact should end, permanently, any claim that a test’s outcomes reveal some fixed truth about which children “can” or “cannot” read, think, or reason. What these tests reliably measure is often which cultural and economic frame of reference a child was raised in, and how well that frame matches the one test-makers chose to build around — which is another way of describing accumulated wealth, school funding, and generational inequity, not a verdict on a child’s mind.

That is real, and policies that address school finance inequity, child poverty, childhood hunger, and adverse childhood experiences (ACEs) deserve real policy attention. These issues would undoubtedly do more to improve educational outcomes in this country rather than privatization of public schools or the elimination of the Department of Education.

Claims that two-thirds of American children cannot read at grade level are simply false, and their interpretation by policymakers and advocates is harming children. There is an old warning that was popularized by author Mark Twain but attributable to British Prime Minister Benjamin Disraeli about three kinds of falsehood — “lies, damned lies, and statistics.”

In this case, even a true number, presented without its context, can mislead more effectively than an outright fabrication. NAEP’s “proficiency” level is an aspirational one, but the grade-level story built on top of it is doing real harm. NAGB is a position to explain the difference, and the public is not, until you tell them.

The Damage Is Not Abstract: What Gets Tested Is What Gets Taught

This is not a technical quibble.

Every time “below Proficient” gets reported to the public as “can’t read” or “can’t do math,” it becomes ammunition for defunding public schools and for portraying millions of children — disproportionately low-income children and children of color — as failures because of a label your board itself has said should not be read that way.

It also reshapes what happens inside the classroom. When reading and math scores on tests built around NAEP cut points become the metric by which schools, teachers, and even state superintendents are judged, instructional time follows the incentive:

  • Short, decontextualized passages crowd out real books — my children were taught how to write a brief constructive response (BCR) before they were even taught what a paragraph was.
  • Science, government, history, the arts, and physical education are pushed to the margins of the elementary school day because they are not tested and therefore not rewarded.

Children end up narrower, not better educated, in the very subjects that make them informed citizens — and NAEP’s own cut-score architecture is a direct contributor to that narrowing, whether or not that was your intent.

NAGB tried a partial fix in 2018, adding the word “NAEP” before each level — “NAEP Proficient” rather than “Proficient” — so people would stop equating your terms with generic ones.

James Harvey, executive director of the National Superintendents Roundtable, was right to call that gesture insufficient at the time. Harvey said:

…the American people should understand that the misleading term “proficient” sets a performance benchmark beyond the reach of most students in the world.

Harvey argued “proficient” should be changed to something like “high” to avoid being “fooled.”

His point has been proven many times, including this week when a sitting congressional committee chairman, citing NAEP-adjacent data to justify eliminating a federal agency, still used the word “grade level” as if it meant what NAEP’s Proficient level does not mean.

The Perverse Incentive NAEP Has Inspired: Grade Retention As Score Manipulation

The clearest evidence that NAEP’s cut scores create perverse incentives and “manufactured” crises, rather than honest information, is what states have started doing in response to them: holding back third-graders who miss an early-literacy cut score, in order to produce a fourth-grade NAEP cohort that looks better on paper.

Education professor and researcher Paul Thomas has documented this closely in states such as Mississippi, where fourth-grade reading gains celebrated as a “Mississippi miracle” tracked closely with a mandatory third-grade retention policy.

Paul ThomasCounter-Narratives: Mississippi Reading ReformEmily Hanford has profited from two very compelling stories…Read more2 days ago · 1 like · Paul Thomas

A child who is nine years old competing against classmates who are eight will predictably score higher on a test built around the same content; that is a fact about test administration, not about literacy. Furthermore, those same “gains” have been shown to fade by eighth grade, once the retained cohort catches up in age to its peers without having genuinely caught up in learning.

This is worth NAGB’s own honest reckoning, not because the research on retention is unanimous — reasonable analysts, including some closely tied to NAEP’s own governing board, dispute how much of Mississippi’s gain is genuine instructional improvement versus retention’s effect on cohort composition — but because NAEP’s achievement levels are the mechanism creating the incentive either way.

States are not retaining eight-year-olds because it is good for those children. They are retaining them because a single cut score on a single test has been elevated to a measure of whether a state’s education policy is working. The cost of that incentive falls on children: retained students who show a short-term score bump can, over time, experience the opposite of what was intended — greater disengagement, higher rates of dropping out before graduation, and the well-documented psychological toll of being told, at eight or nine years old, that they failed.

William Glasser spent much of his career, in Schools Without Failure, and later in The Quality School, explaining exactly why this backfires. He argued that standardized testing reduces learning to disconnected, memorized facts at the expense of critical thinking and real application — and that the “right answer, wrong answer” format of a multiple-choice test teaches children that education is a hunt for a single predetermined answer rather than a process of genuine understanding.

In the schools Glasser held up as models, closed-book tests were replaced with open-book, collaborative assessments that actually resembled the problems students would face outside school. His deeper claim, grounded in what he called Choice Theory, is that people — including children — are driven by needs for freedom, power, and simple enjoyment in their work, and that using test scores to rank, shame, or coerce students destroys the very motivation that produces quality work in the first place.

Labels matter. When children repeatedly hear that two-thirds of them “cannot read at grade level,” many internalize failure that is not supported by the evidence. Parents lose confidence in neighborhood schools. Teachers become demoralized. Policymakers propose increasingly radical structural changes to fix a crisis that has been inaccurately described.

Glasser also warned explicitly against making small, arbitrary numerical gains — his example was raising a test score by a point or two — the primary institutional goal of a school, insisting instead on building a genuine culture of quality. That is precisely the trap a single-point NAEP cut score sets for states, and it is the trap third-grade retention policies walk students directly into.

That is the opposite of what an assessment meant to serve children should produce, and it deserves your acknowledgment, not your silence.

What We Are Asking You To Do, Now

  1. Issue a direct, public correction each time a federal official misstates NAEP Proficient as “grade level,” the way you would correct any other material misuse of your data. Silence is not neutrality; it is acquiescence in the misuse.
  2. Publish, prominently and alongside every score release, the state-by-state mapping showing that “grade level” as states themselves define it corresponds to NAEP Basic, not NAEP Proficient — the analysis your own data already supports and that outside researchers have had to do on your behalf.
  3. Publish a plain-language document — “What NAEP Proficient Does, and Does Not, Mean” — and require it alongside every score release, every webpage, every press briefing, and every congressional testimony that cites NAEP data. Most of this letter’s argument could be prevented by a single page NAGB.
  4. Stop using “Basic,” “Proficient,” and “Advanced” as headline labels without their NAEP qualifier in every release, chart, and public statement — not as a footnote, but as a mandatory part of the label itself, displayed with the same prominence as the number.
  5. Retire “Basic,” “Proficient,” and “Advanced” altogether in favor of terms that do not already carry a plain-English meaning your data does not support. If the words themselves are the problem, changing a modifier in front of them has not been enough.
  6. Extend the honesty of the 2026 reading framework’s socioeconomic disaggregation backward, not just forward. If you now accept that racial gaps in your data are substantially explained by family socioeconomic status, say so plainly every time a racial achievement gap is reported, and stop letting that gap be cited as evidence of school failure without that context.
  7. Commission and publish the external validity evidence the National Academies asked for in 2017 — a transparent accounting of what your cut scores do and do not predict, so the public can evaluate the standard rather than take your word for its meaning.
  8. Publicly acknowledge the perverse incentive your cut scores have created for third-grade retention policies, and commission independent, longitudinal research — tracking students well past eighth grade, through high school graduation — before any state is permitted to point to NAEP gains as proof that retaining eight-year-olds is good policy.
  9. Act on your own validity panel’s 2023 findings, and answer the question the SAT evidence now raises. Publicly disclose whether NAEP’s item-selection process has ever been audited for the same self-reinforcing bias documented on the SAT — where trial questions that marginalized students answered correctly were discarded for failing to reproduce the existing score gap — and commit to an independent audit if it has not. Explain how tests are “normed” from one year to the next and made comparable in a manner that is understandable to the public.

Kids can’t wait for another year of this same correction being offered and ignored, or for another cohort of eight-year-olds to be held back so a state’s chart can look better. NAGB has the power to end the confusion your own board identified more than two decades ago. Please do so. Kids deserve it.