Archives for category: Education Industry

David Sirota’s blog “The Lever” reports that New York may tax two unusually rich private universities—New York University and Columbia University—for the benefit of the city’s underfunded public universities. This would be a bonanza for the City University of New York. There’s a long road ahead, and you can be sure that NYU, Columbia, and their powerful trustees will fight against taxation. As in the prior post, this piece was written by Katya Schwenk.

No More Private U Tax Breaks

Columbia and New York University (NYU) may lose hundreds of millions in property tax breaks under a new plan put forward by New York lawmakers, and the resulting new tax revenue would instead go towards New York City’s public university system.

The uber-rich private universities — both of which have endowments in the billions — pay virtually no property taxes despite being some of New York City’s largest landowners, thanks to tax breaks from the state. Columbia and NYU combined own more than 400 properties, worth over $7 billion in total. An investigation by the New York Times and the Hechinger Report in September found that the two schools together save $327 million a year thanks to the state’s tax breaks, and noted that the millions the universities spend on lobbying help them maintain such a favorable system.

On Tuesday, state lawmakers unveiled a package of legislation that aims to change this. The two bills would end property tax breaks for any private universities in New York that would owe more than $100 million in property taxes. The new tax money would be given to the City University of New York, which is facing a budget squeeze, and narrowly avoided devastating cuts to its colleges and programs this year.

Enacting the proposal will likely be a long road: The proposal will require a change to New York’s constitution, which means the issue will ultimately come before voters in a referendum. Yet its advocates say such a plan to change the tax breaks, which have stood for more than a century, is far overdue. The universities, said New York assemblyman Zohran Mamdani, the bills’ sponsor, have “gone beyond primarily operating as institutions of higher education and are instead acting as landlords and developers.”

Writing in the Washington Spectator, veteran voucher researcher Josh Cowen reports that 2023 was a good year for some very bad ideas, many supported by prominent rightwingers and Dark Money, whose sources are hidden.

He finds it unsurprising that the voucher movement works closely with book banners and efforts to humiliate LGBT youth.

Cowen is a professor of education policy at Michigan State University who has studied vouchers since 2005.

He writes:

Over the past 12 months, the decades-long push to divert tax dollars toward religious education has reached new heights. As proclaimed by EdChoice—the advocacy group devoted to school vouchers—2023 has been the year these schemes reached “escape velocity.” In strictly legislative terms, seven states passed new voucher systems, and ten more expanded existing versions. Eleven states now run universal vouchers, which have no meaningful income or other restrictions.

But these numbers change quickly. As late as the last week of November, the Republican governor of Tennessee announced plans to create just such a universal voucher system.

To wit: successful new voucher and related legislation has come almost exclusively in states won by Donald Trump in 2020. And even that Right-ward bent required substantial investment—notably by heiress and former U.S. Education Secretary Betsy DeVos and the Koch network—in state legislative campaigns to oust voucher opponents. Instructively, many of those opponents were often GOP legislators representing rural districts with few private schools to benefit.

As a scholar who has studied voucher systems—including through research funded by conservative organizations—I have been watching these developments with growing concern. It can all be difficult to make sense of, so let’s walk through it.

Vouchers Hurt Kids, Defund Public Schools and Prop-Up Church Budgets

First, why are these new voucher schemes such bad public policy? To understand the answer, it’s important to know that the typical voucher-accepting school is a far cry from the kind of elite private academy you might find in a coastal city or wealthy suburban outpost. Instead, they’re usually sub-prime providers, akin to predatory lenders in the mortgage sector. These schools are either pop-ups opening to cash in on the new taxpayer subsidy, or financially distressed existing schools desperate for a bailout to stay open. Both types of financially insecure schools often close anyway, creating turnover for children who were once enrolled.

And the voucher results reflect that educational vulnerability: in terms of academic impacts, vouchers have some of the worst results in the history of education research—on par or worse than what COVID-19 did to test scores.

Those results are bad enough, but the real issue today is that they come at a cost of funding traditional public schools. As voucher systems expand, they cannibalize states’ ability to pay for their public education commitments. Arizona, which passed universal vouchers in 2022, is nearing a genuine budget crisis as a result of voucher over-spending. Six of the last seven states to pass vouchers have had to slow spending on public schools relative to investments made by non-voucher states.

That’s because most new voucher users were never in the public schools—they are new financial obligations for states. The vast majority of new voucher beneficiaries have been students who were already in private school beforehand. And for many rural students who live far from the nearest private school, vouchers are unrealistic in the first place, meaning that when states cut spending on public education, they weaken the only educational lifeline available to poorer and more remote communities in some places. That’s why even many GOP legislators representing rural districts—conservative in every other way—continue to fight against vouchers.

Vouchers do, however, benefit churches and church schools. Right-wing advocacy groups have been busy mobilizing Catholic school and other religious school parents to save their schools with new voucher funding. In new voucher states, conservatives are openly advocating for churches to startup taxpayer-funded schools. That’s why vouchers eventually become a key source of revenue for those churches, often replacing the need to rely on private donations. It’s also why many existing religious schools raise tuition almost immediately after vouchers pass.

The Right-Wing War on Public Schools

Victories for these voucher bills is nothing short of an ascendent Right-wing war on public education. And the link to religious nationalism energizes much of that attack.

Voucher bills have dovetailed almost perfectly with new victories for other priorities of the Religious Right. Alongside vouchers, anti-LGBTQ+ legislation has also increased: 508 new bills in 2023 alone, according to the American Civil Liberties Union. As has a jump in legislation restricting book access in schools and libraries, with more than half of those bans targeting books on topics related to race and racism, or containing at least one LGBTQ+ character.

It is also important to note the longstanding antipathy that Betsy DeVos, the Koch Network, and other long-term voucher backers have toward organized labor—including and especially in this case, teachers’ unions. And that in two states that passed vouchers this year—Iowa and Arkansas—the governors also signed new rollbacks to child labor protections at almost the exact same time as well.

To close the 2022 judicial session, the Supreme Court issued its latest expansion of voucher jurisprudence in Carson v. Makin, holding that states with private school voucher programs may not exclude religious providers from applying tax dollars specifically to religious education. That ruling came just 72 hours before the Court’s decision in Dobbs v. Jackson removed reproductive rights from federal constitutional protections.

To hear backers of vouchers, book bans, and policies targeting transgender students in school bathrooms tell it, such efforts represent a new movement toward so-called “parents’ rights” or “education freedom,” as Betsy DeVos describes in her 2022 memoir. But in truth this latest push was a long time coming. DeVos is only one part of the vast network of Right-wing donors, activists, and organizations devoted to conservative political activism.

That network, called the Council for National Policy, includes representatives from the Heritage Foundation, the influential Right-wing policy outfit; multiple organizations funded by Charles Koch; the Leadership Institute, which trains young conservative activists; and a number of state policy advocacy groups funded by a conservative philanthropy called the Lynde and Harry Bradley Foundation.

It was the Bradley Foundation that seeded much of the legal work in the 1990s defending early voucher programs in state and federal courts. Bradley helped to fund the Institute for Justice, a legal group co-founded by a former Clarence Thomas staffer named Clint Bolick after a personal donation from Charles Koch. The lead trial attorney for that work was none other than Kenneth Starr, who was at the time also in the middle of his infamous pursuit of President Bill Clinton.

In late 2023, the Institute for Justice and the voucher-group EdChoice announced a new formal venture, but that partnership is just a spin on an older collaboration, with the Bradley Foundation as the tie that binds. EdChoice itself, when it was called the Milton and Rose D. Friedman Foundation, helped fund the data analysis cited by Institute lawyers at no less than the Supreme Court ahead of its first decision approving vouchers in Zelman v. Simmons-Harris (2002).

From these vantage points, 2023 was a long time coming indeed.

And heading into 2024, the voucher push and its companion “parents’ rights” bills on schoolbooks and school bathrooms show no sign of weakening.

Prior to his political career, the new Speaker of the U.S. House of Representatives, Mike Johnson, was an attorney with the Alliance Defending Freedom. That group, which itself has deep ties to Betsy DeVos’s family, has led the legal charge to rollback LBGTQ+ equality initiatives. It was also involved “from the beginning,” as its website crows, in the anti-abortion effort that culminated with Dobbs.

The Heritage Foundation has created a platform called Project 2025, which serves as something of a clearinghouse for what would be the legal framework and policy agenda for a second Trump Administration. Among the advisors and funders of Project 2025 are several organizations linked to Charles Koch, Betsy DeVos, and others with ties to the Council for National Policy. The Project’s education agenda includes dismantling the U.S. Department of Education—especially its oversight authority on anti-discrimination issues—and jumpstarting federal support for voucher programs.

A dark money group called The Concord Fund has launched an entity called Free to Learn, ostensibly organized around opposition to the teaching of critical race theory in public schools. In reality, these are active players in Republican campaign attacks around a variety of education-related culture war issues. The Concord Fund is closely tied to Leonard Leo, the Federalist Society chief, Council of National Policy member, and architect of the Roe takedown. Through the Leo connection, the Concord Fund was also instrumental in confirming Donald Trump’s judicial nominations from Brett Kavanaugh on downward.

And so while the 2023 “parents’ rights” success has been largely a feature of red state legislatures, the 2022 Carson ruling and the nexus between Leonard Leo, the Alliance Defending Freedom, and the Institute for Justice itself underscore the importance of the federal judiciary to Right-wing education activism.

Long-term, the goal insofar as school privatization is concerned appears to be nothing short of a Supreme Court ruling that tax-subsidized school vouchers and homeschool options are mandatory in every state that uses public funding (as all do) to support education. The logic would be, as Betsy DeVos herself previewed before leaving office, that public spending on public schools without a religious option is a violation of Free Exercise protections.

Such a ruling, in other words, would complete the destruction of a wall between church and state when it comes to voucher jurisprudence. Earlier Court decisions have found that states may spend tax dollars on school vouchers but, as the Right’s ultimate goal, the Supreme Court would determine that states must.

Closer on the horizon, we can expect to see each of these Right-wing groups acting with new energy as the 2024 campaign season heats up. The president of the Heritage Foundation—himself yet another member of the Council for National Policy—has recently taken over the think tank’s political arm, called Heritage Action. At the start of the year, investigative reporting linked Heritage Action to earlier voter suppression initiatives, signaling potential tactics ahead.

And the money is going to flow—they have all said as much. After Heritage’s merger of its policy and political arms, Betsy DeVos’s American Federation for Children followed suit by creating the AFC Victory Fund—a new group to spearhead its own campaign activity.

Their plan includes a $10 million base commitment to ramp up heading into 2024. “Coming off our best election cycle ever,” AFC’s announcement declared, “the tectonic plates have shifted decisively in favor of educational freedom, and we’re just getting started.” And, they warned:

“If you’re a candidate or lawmaker who opposes school choice and freedom in education – you’re a target.”

In that threat lies the reality of the latest voucher push, and of this moment of so-called parents’ rights. None of this is a grassroots uprising. “Education freedom” is a top-down, big-money operation, tied to every other political priority of religious nationalism today.

But coming at the end of this past year’s legislative successes, AFC’s warnings are also a very clear statement of what is yet to come. The push to privatize American education is only just getting started.

Vouchers have turned into a campaign to subsidize the tuition of affluent parents while cutting the funding of public schools. This does not augur well for the health and future of our nation.

Dr. Peggy Carr is Commissioner of the National Center on Education Statistics, a prestigious, major federal agency. NCES preceded the U.S. Department of Education by more than a century, having been created by Congress in 1867 to report on the progress and condition of American education. NCES releases regular reports on education. It also oversees the National Assessment of Educational Progress (NAEP), the federal testing agency.

T. Keung Hui of the Charlotte Observer reported that Dr. Carr is ensnared in a state investigation of a charter school called Children’s Village Academy and its financial affairs. The school’s charter is up for renewal in 2024.

A North Carolina charter school is being accused of misspending thousands of taxpayer dollars, including funds spent on behalf of a high-ranking federal education official who is a leader at the school.

Staff from the state Department of Public Instruction this week presented reports alleging conflict of interest violations involving the spending of state and federal dollars at Children’s Village Academy in Kinston. Many of the questions revolved around money exchanged between the school and its board vice chair Peggy Carr, who is also commissioner of the National Center for Education Statistics.

Specific concerns include Carr getting $155,000 in interest payments on a $188,000 loan she gave the school 15 years ago. Other allegations include the school improperly using taxpayer dollars to reimburse Carr for furniture and utility bills for a home she owns and rents to the school in the summer….

In 2008, Carr gave the school a $188,000 loan that is still being repaid. DPI says there was inadequate documentation of the loan , resulting in misstatement of the school’s finances because it wasn’t listed as being a liability..

McFadden said that Carr has been paid back, with interest, $314,000. But by the time the loan is fully repaid, McFadden said the school will have paid an estimated $155,505 in interest — $109,268 more than it was originally projected to repay.

“DPI is concerned with the legality and validity of the loan payments to date since there is no documentation or evidence that substantiates the CVA Board agreed to or understood the total amount to be paid including interest based on the annual decisions being made,” according to a DPI report.

In addition, DPI has questions about the $894 a month it says Children’s Village is paying to reimburse Carr for small business loans for buildings the school uses…

DPI identified $5,003 in “unallowable costs,” from the summer program, including $4,438 for furnishings that Carr purchased and requested reimbursement for at a house she partially owns in Kinston.

The school leases the home for two months a year for the summer program, DPI says. Items purchased included dining room tables, dining room chairs and decorative items such as a wall mirror, “colorful cows” and pillows. Some of the items were purchased in Maryland, where Carr lives, and shipped to Kinston.

“Per contracts for the property where the furnishings are used, the property is only used for 2 months out of the year,” according to a DPI report. “The furnishings in question are also not a reasonable purchase as they are typically found in a household, they are not furnishings typically found in an academic setting.”

In addition, DPI says the school paid the entire utility bill for the house for two summer months even though part of the property was used by an independent contractor who is related to Carr. That person is the school’s operations manager. A U-Haul business is also in that building.

Even after the summer program ended, DPI says the school paid the utility bills for the home. Altogether, DPI found $3,238 in unallowable utility costs that must be repaid….

DPI outlined a list of other questioned costs, including:

▪ A custodian was paid $17,000 in federal summer program grant month for July through September.

▪ A different custodian/bus driver who is married to the K-5 principal was paid $15,000 in federal grant dollars in July and August. The K-5 principal is also Carr’s sister.

▪ DPI found $8,877 in unallowable costs related to personal expenditures such as a tire replacement for the finance officer’s car, holiday gifts to employees, $500 gift cards to four employees and costs related to a daycare center operating on the campus. McFadden said the daycare owner is related to Carr.

Read more at: https://www.newsobserver.com/news/local/education/article282963048.html#storylink=cpy

When Betsy DeVos was Secretary of Education, she gave $10 million to establish a research center on school choice; she chose carefully. Given who she is, she was not likely to give the money to academics likely to throw cold water on her life’s work. She gave the grant to Tulane, smack dab in the middle of the only city that has no public schools. The organization she funded is called the National Center Research on Education Access and Choice (REACH), led by economist Douglas Harris.

REACH has not been a cheerleader for choice but neither has it been notably critical. The all-charter New Orleans district has not offered much to cheer about. Just days ago, the Orleans Parish School Board closed The Living Charter, which has a large proportion of English learners, because of its test scores. It was the ninth charter school closed in New Orleans since 2018.

Two of the nation’s most active funders of charter schools just awarded nearly $1 million to REACH: the Walton Foundation and the City Fund.

Walton is the single largest private funder of charter schools in the nation. The City Fund was created by billionaires Reed Hastings (Netflix) and John Arnold (ex-Enron) specifically to spur the growth of charter schools.

Tulane announced:

The latest research on school choice suggests that the availability of charter schools alongside other options is producing impacts across entire school systems. However, what works in New Orleans may not work in Arizona. How can we better understand variations across contexts in order to design more effective policies at the system-level?

The National Center for Research on Education Access and Choice (REACH) at Tulane University received a total of $975,964 in funding from both the Walton Family Foundation ($485,914) and City Fund ($490,050) to jointly support a three-year research project on the system-level effects of charter schools at the national level. The goal is to learn how charter schools improve student outcomes and better understand the role of policy in fueling these changes.

Is it too much to suggest that their sponsorship is akin to cigarette companies funding research on the benefits and risks of nicotine?

Harris implied in his comments on the grant that a district with 100% market share was subject to “diminishing returns.” Does he mean that it’s useful to have some public schools to take the students that the charters don’t want?

According to REACH Director and Tulane School of Liberal Arts Professor of Economics Douglas Harris, “This funding will help us improve the functioning of the charter sector by better understanding the roles played by factors such as access to quality teachers and the design of charter policies, including charter school funding. We will also learn about the various mechanisms throughout which charter schools affect students, including indirect effects on traditional public schools. Finally, places like New Orleans have gone 100% charter, but we see some evidence of ‘diminishing returns’ to charter market share.” He added, “We are thankful to both The Walton Family Foundation and City Fund for their generous support of our work.”

No wonder Jeb Bush wrote an opinion article defending his so-called reforms, especially high-stakes standardized testing.

The Republican-controlled Legislature is moving to dismantle the structure that Bush created when he was governor. Some legislators wanted to cancel recess but the outcry from parents made them drop that idea.

Leslie Postal of The Orlando Sentinel, one of the best education writers in the nation, writes here about the seismic changes in Florida:

The Florida Senate backed away Tuesday from plans to end the state’s recess requirement after objections from “recess moms” but moved ahead with proposals to scrap key, and controversial, parts of the Republican education agenda.


The Senate’s fiscal policy committee agreed by an 18-0 vote to end policies ushered in by former Gov. Jeb Bush more than 20 years ago. Those include requirements that high school students pass two exams to graduate and that third graders pass a reading test to move on to fourth grade.


Under the bill approved by the GOP-dominated committee, students would no longer have to pass an Algebra 1 and a language arts exam to earn high school diplomas. But the 10th-grade language arts exam would count as 30% of a student’s final grade in 10th-grade English classes, just as the algebra exam already counts as 30% of the final grade in Algebra 1 classes.


The bill also would allow third graders who failed the state reading test to be promoted to fourth grade, if that is what their parents thought was best.

Jeb Bush’s allies objected to the changes and said they would water down standards. It’s not yet clear whether DeSantis will go along. Moms for Liberty also objected.

But Republicans in the Senate have pushed and supported the measures, and two committees have now approved them.


Senate President Senate President Kathleen Passidomo introduced the proposals in a memo she sent to senators last month that was titled “Learn Local – Cutting Red Tape, Supporting Neighborhood Public Schools.”


The idea, she said, was that after the Legislature expanded school choice (HB 1) earlier this year, making many more children eligible for private school scholarships, it should look in its 2024 session to remove regulations on public schools, which serve the bulk of the state’s students.


In the memo, she called the ideas “bold,” “controversial” and, she conceded, ones that might “not make it across the finish line.”


Many of the Senate’s suggestions have broad support from school superintendents, administrators, teachers and parents.

Representatives from the Broward, Orange and Seminole county school districts all showed their support Tuesday, for example.


Simon noted that Florida’s new standardized test, FAST, is a “progress-monitoring” exam given several times a year starting in pre-Kindergarten.
“We’re able to find those students much earlier on in the process,” he said, making the current third-grade rule unnecessary.

A judge in Kentucky ruled that the law funding charter schools violated the state constitution, holding that the state cannot send public dollars to privately-operated schools. In effect, he ruled that charter schools are not public schools.

The Lexington Herald Leader reported:

Franklin Circuit Judge Phillip Shepherd issued an order Monday finding that House Bill 9, which set up a funding mechanism for charter schools in the state, violated the Kentucky Constitution.

Charter schools – schools that are publicly funded but operated by independent groups with fewer regulations than most public schools – are technically legal in Kentucky, but HB 9 would have created a mechanism for funding them with public dollars.

Shepherd said that while there is vigorous debate on the merits of charter schools, the bill violated the plain language of the constitution, which includes a requirement for “an efficient system of common schools” and that tax dollars can’t be used to support non-public education.

“The central question in this constitutional analysis is whether the privately owned and operated ‘charter schools,’ which are established by this legislation, should be considered ‘common schools’ or ‘public schools’ within the meaning of Sections 183, 184 and 186 of the Kentucky Constitution? A review of the case law, and the plain language of the Kentucky Constitution itself, yields the inescapable conclusion that ‘charter schools’ are not ‘public schools’ or ‘common schools’ within the meaning of our state’s 1891 Constitution,” Shepherd wrote.

The bill also would have mandated the creation of two pilot charter schools, one in Louisville and another in Northern Kentucky…

HB 9 passed out of the GOP-led legislature, but faced a rocky path as many rural Republicans teamed up with Democrats to oppose the legislation. In several rural Kentucky counties, public schools are the largest employer and non-public schooling options are scant.

The ruling comes as statehouse Republicans are mulling a constitutional amendment, which would need to be passed by the legislature and then approved by Kentucky voters on the ballot, to allow for tax dollars to be used to support non-public education. The Kentucky Supreme Court earlier this year affirmed a Franklin Circuit Court ruling against a “school choice” law setting up a tax credit-funded scholarship system for students to attend private schools.

Shepherd referenced the conclusion of that case in his order against House Bill 9.

“There is no way to uphold the expenditure of tax dollars for charter schools under the provisions of HB 9 without doing violence to this recent ruling of the Kentucky Supreme Court. HB 9 erects an elaborate structure of mandated public authorization for schools with private ownership and control, and little meaningful public oversight… The substance of what this statute does is to establish taxpayer funded private schools that are exempt from the laws and regulations of the system of common schools established by our Ky. Constitution and laws,” Shepherd wrote.

The suit against the law was led by Council for Better Education, a pro-public education group in Kentucky.

A quarter-century after the launch of vouchers in Milwaukee, we now know a lot that we didn’t know then. The sales pitch was always humanitarian: vouchers, said its rightwing advocates, would “save poor kids from failing schools.” Except they didn’t. We now know, writes Peter Greene, that vouchers do not save poor kids from failing schools. They are a subsidy for students who were already in private and religious schools. Maybe that was their purpose all along.

One other thing we have learned about vouchers: the first voucher program is for low-income kids, but it is the camel’s nose under the tent. The income restrictions will be raised again and again, and more groups of eligible students will be eligible for vouchers. And one day, there will be vouchers for everyone, without regard to income or need.

He writes:

Voucher program after voucher program is launched with the same promise–this program will rescue disadvantaged students from public schools that can’t get the job done. But now that they’ve been around for a few years, we can see pretty clearly what they actually do.

They expand.

They subsidize private school costs for families that were already in private schools.

Arizona’s program is growing into a state budget buster. New Hampshire’s state subsidy for private school tuition is mushrooming in just three years, and roughly 90% of the students using vouchers are still students who were already in private school. Iowa’s program cost looks to be tremendous, with 19,000 students approved for vouchers.

Arkansas is joining the crowd, and provides a fine example of how these programs grow and who they actually benefit.

Arkansas’s voucher program was set up to start with disabled and low-income students. One immediate effect has been a boom in the Fake Your Way To Disability industry in Arkansas, where options to “prove” your eligibility include “a note from your doctor.” And the Arkansas Times has learned that many students qualifying for vouchers didn’t not even clear that low bar. It’s a bit of a Catch-22, as students often have difficulty getting admitted to a private school if they have an IEP, 504 plan, or disability. Still, almost half of Arkansas’s voucher students were approved based on some sort of claim of disability.

That may contribute to Arkansas’s numbers– of its voucher users, 95% did not attend a public school last year.

And the program is only slated to expand as the bars for qualifying are lowered even further.

Proponents of vouchers, like Governor Reynolds of Iowa, point at the expansion and huge cost runs as signs that families were “hungry for educational freedom.” Well, no. What it shows is that families like free money from the state to help pay for the expenses they have already freely chosen for their children.

Please open the link to finish the article.

Leonard Leo is one of the most powerful people in the nation. Get to know him. He led the conservative lawyer’s group The Federalist Society. He personally prepared the list of judges for Trump’s selection to the Supreme Court. He can take credit for the appointment of dozens of federal judges in district courts and appellate courts. In tribute to his effectiveness, a Chicago businessman gifted him with $1.6 billion to use as he wished to advance conservatism.

Politico reports that Leonard Leo’s latest cause is promoting religious charter schools, which would be fully funded by the public. The target, which he hopes to demolish, is separation of church and state.

At issue is the Roman Catholic Archdiocese of Oklahoma’s push to create the St. Isidore of Seville Catholic Virtual School, which would be the nation’s first religious school entirely funded by taxpayers. The school received preliminary approval from the state’s charter school board in June. If it survives legal challenges, it would open the door for state legislatures across the country to direct taxpayer funding to the creation of Christian or other sectarian schools.

Brett Farley, executive director of the Catholic Conference of Oklahoma, acknowledges that public funding of St. Isidore is at odds with over 150 years of Supreme Court decisions. He said the justices have misunderstood Thomas Jefferson’s intent when he said there should be a wall separating church and state, but that the current conservative-dominated court seems prepared to change course.

“Jefferson didn’t mean that the government shouldn’t be giving public benefits to religious communities toward a common goal,” he said. “The court rightly over the last decade or so has been saying, ‘No, look, we’ve got this wrong and we’re gonna right the ship here.’ ”

Behind the effort to change the law are Christian conservative groups and legal teams who, over the past decade, have been beneficiaries of the billion-dollar network of nonprofits largely built by Leo, the Federalist Society co-chairman.

Leo’s network organized multi-million-dollar campaigns to support the confirmation of most of the court’s six conservative justices. Leo himself served as adviser to President Donald Trump on judicial nominations, including those of Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett…

“The Christian conservative legal movement, which has its fingerprints all over what’s going on in Oklahoma, is a pretty small, tight knit group of individuals,” said Paul Collins, a legal studies and politics professor at the University of Massachusetts Amherst. “They recognize the opportunity to get a state to fund a religious institution is a watershed moment,” said Collins, author of Friends of the Supreme Court: Interest Groups and Judicial Decision Making, adding that“They have a very, very sympathetic audience at the Supreme Court. When you have that on the Supreme Court you’re going to put a lot of resources into bringing these cases quickly.”

In Oklahoma, the legal team representing the state’s virtual charter school board, the Alliance Defending Freedom, helped develop arguments that led to the end of Roe v. Wade. It is significantly funded by donor-advised funds that allow their patrons to keep their identities secret but which receive large amounts of money from Leo-aligned groups.

They include Donors Trust, often called the “dark money ATM” of the conservative movement. In recent years, Donors Trust has been the largest single beneficiary of Leo’s primary dark money group, the Judicial Education Project. Donors Trust, in turn, gave $4 million to Leo’s Federalist Society in 2022, according to the IRS filings.

Since 2020, when Leo received a $1.6 billion windfall from Chicago electronics magnate Barre Seid, among the largest contributions to a political advocacy group in history, other groups funded by Leo’s network have become substantial contributors to ADF. For instance, Schwab Charitable Fund, which has given at least $4 million to ADF, received $153 million in 2021 from a new Leo-aligned nonprofit that received the Seid funding.

ADF Senior Counsel Phil Sechler said in an emailed statement that his group is defending the board “in order to ensure people of faith are not treated like second-class citizens.” Sechler, who said he “cannot predict” whether the case will land at the Supreme Court, did not comment on the group’s funding.

St. Isidore is represented by the Notre Dame Religious Liberty Initiative, a legal clinic created by the law school at the University of Notre Dame. At Notre Dame, law professor Nicole Stelle Garnett has worked with St. Isidore from the start of its application process.

In the same timeframe, Garnett joined the board of the Federalist Society, where Leo is co-chairman. She also joined the advisory council of a Catholic University law school initiative funded by a $4.25 million anonymous gift directed by Leo, according to a March 2021 press release. Justice Samuel Alito is its honorary chairman.

The Notre Dame clinic’s director is another alumni of Leo’s network, Stephanie Barclay, an attorney who spent multiple years at another legal nonprofit named after a Catholic martyr where Leo sits on the board: the Becket Fund for Religious Liberty.

The clinic itself was announced a few monthsbefore the confirmation of Barrett, who was a Notre Dame law professor for 15 years. The June, 2020, announcement of the clinic’s creation stated that Barclay would take a leave of absence to clerk for Gorsuch during the same time period — 2021 and 2022 — that the group was working with the Oklahoma archdiocese on its St. Isidore application. In June of 2022, the court also overturned Roe; a month later, the clinic funded a trip for Justice Alito to be feted at a gala in Rome.

Clinic spokeswoman Kate Monaghan Connolly declined to say if Barclay has done any work on behalf of St. Isidore, including before, during or after her clerkship. The clinic declined comment on its funders.

The clinic “has defended the freedom of religion or belief for all people across a wide variety of projects,” including Jews, Muslims, Sikhs and an Apache tribe, said Monaghan.

As St. Isidore and its allies readied for legal battle, Farley said, Notre Dame brought in a corporate team at the law firm Dechert LLP, including Michael McGinley, who worked on selecting judicial nominees at the Trump White House at the time Leo was advising the president. McGinley clerked for Gorsuch when he was a 10th Circuit appeals judge and for Alito at the Supreme Court. He accompanied Gorsuch to his confirmation hearings. He is not employed by Notre Dame, said Connolly. He is working “pro bono” for St. Isidore, Farley said….

Those backing the St. Isidore application face a formidable array of critics and opponents. Charter schools are required by Oklahoma statute to be non-sectarian, and in its application, the archdiocese says the school would be part of the “evangelizing mission of the Church.”

Oklahoma Attorney General Gentner Drummond, a Republican, says the proposed school violates both the U.S. and the state Constitution, and he is suing to stop it. Separately, a group of 10 plaintiffs including public school parents and faith leaders represented by groups including Americans for Separation of Church and State filed a lawsuit warning that the creation of the school will erode a pillar of American democracy: the wall of separation between church and state.

The plaintiffs in that case are calling on the Oklahoma judge presiding over it, C. Brent Dishman, to recuse himself. Dishman sits on the board of the College of the Ozarks, an evangelical college that was represented by ADF in a suit against the Biden administrationover transgender bathroom policy.

The school’s detractors say the national implications of the dispute are not getting enough attention. They include Melissa Abdo, a practicing Catholic and school board member in Jenks, Oklahoma, and Robert Franklin, a Republican-appointed member of a state virtual charter school board who last summer voted against the school’s application.

If the law were to allow public funding of religious schools, legislatures in conservative states would come under immediate pressure to help bail out troubled religious school systems: Catholic and Protestant churches are shuttering due to significant declines in church attendance and financial support as Americans become increasingly secular.

The 1.8 million-student Catholic education system received a lifeline through the Supreme Court’s 2022 decision in the case of Carson v. Makin, which required states with voucher systems to help students afford private schools to allow the money to be spent on religious academies. The influx of public money was already helping the Catholic Church to stave off parish closings, according to a 2017 National Bureau of Economic Research studythat called vouchers “a dominant source of funding for many churches.”

“It’s not about the 500 kids. The game is to get this to the Supreme Court,” said Franklin. “If the court approves this, it changes everything” about public education in America, he said.

“It’s been extremely unsettling,” said Franklin, noting that the state already has six virtual schools to serve children of all faiths and that some of the school’s biggest backers, including Oklahoma Gov. Kevin Stitt, had previously bashed virtual learning as ineffective.

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Recently, I have read alarming articles about state universities eliminating majors in the humanities as a cost-cutting measure while expanding departments that grant degrees in computer science, business, and other job-related fields. Just last week, The Atlantic published an article about the downsizing of foreign languages, linguistics, and other majors at the University of West Virginia, even though the state has a surplus of nearly $2 billion. Other universities are cutting majors in history, the arts, and political science in favor of majors that enhance immediate employability.

Gayle Greene, professor emerita at Scripps College in Claremont, California, contends that such actions are short-sighted. Today—in a world of disinformation, fake news, and Artigiani intelligence—we need the humanitities more than ever so we can discern and weigh facts and reality. In this essay , she shows how tech titans like Bill Gates have encouraged the destructive trend of favoring job-ready degrees.

Greene writes:

“College is remade as tech majors surge and humanities dwindle,” announces Nick Anderson in the Washington Post, May 2023. “Remade” is an understatement, when more students today are majoring in computer science than in all the humanities– English, history, philosophy, languages, the arts— combined. And what for? In the past year, tech has laid off more than 200,000 workers, with more layoffs predicted.

 

There was a chorus of Cassandras warning against this remake: do not whittle education down to preparation for jobs that might not exist in a decade; do not sacrifice the humanities to STEM. But the hype was so loud, it drowned out the warnings. The STEM skills shortage was broadcast by business leaders, lobbyists, politicians, think tanks, media, and especially by Bill Gates, who spread the word far and wide. He announced to Congress, in 2008, “U.S. companies face a severe shortfall of scientists and engineers with expertise to develop the next generation of breakthroughs.” Obama echoed him in his 2012 State of the Union Address: “I hear from many business leaders who want to hire in the U.S. but can’t find workers with the right skills.” Obama reiterated the message in his 2011, 2013, and 2016 State of the Union Addresses, announcing, in 2013 a competition “to redesign America’s high schools,” rewarding those developing STEM classes to deliver “the skills today’s employers are looking for to fill jobs right now and in the future.”

 

The hype was hot air. “If a shortage did exist, wages would be rising” rather than staying flat as they have “for the past 16 years,” wrote Ron Hira et al in USA Today, 2014. Obama might have heeded him or Andrew Hacker, Ben Tarnoff, Matt Bruenig, Michael Teitelbaum, Gerald Coles, Walter Hickey, Michael Anft, who raised similar alarms. Or Paul Krugman, who warned, “the belief that America suffers from a severe ‘skills gap’ is one of those things that everyone important knows must be true, because everyone they know says it’s true”; it’s “a zombie idea… that should have been killed by evidence, but refuses to die.”

 

When an idea persists against all evidence, you have to ask: who profits? A 2012 Microsoft publication warned that the U.S. faces “a substantial and increasing shortage of individuals with the skills needed to fill the jobs the private sector is creating”—even though, in the summer of 2014, Microsoft laid off about 18,000 workers. Other companies,Boeing, IBM, Symantec, were also laying off thousands, sometimes rehiring them at lower salaries, even as they lamented the “lack of qualified applicants,” wrote Hacker.

 

The problem for a company like Microsoft has not been a lack of skilled workers, but that U.S. tech workers expect to be well paid. Foreign tech workers in the U.S. make about 57% what their U.S. counterparts make. Hence the tech industry’s push for easier immigration policies and H-1B visas, visas that allow U.S. businesses to temporarily employ foreign workers in specialty work like IT. If we don’t ease up on immigration policies, Gates told Congress in 2008, “American companies simply will not have the talent they need to innovate and compete.” Hence Gates’spush for coding and computer classes in schools and colleges. “Nothing would make programming cheaper than making millions more programmers,” wrote Tarnoff, “and where better to develop this workforce than America’s schools.”

 

The STEM skills shortage was the PR of an industry wanting a large pool of workers ready to work for less, an industry with enormous lobbying power. The campaign has been so successful that now hundreds of thousands of trained workers are newly unemployed in a market flooded by as many as qualified as they. It’s succeeded in bending higher education to its purposes, re-directing it to training for jobs, with tech jobs the most hyped–even though tech comprise less than 8% of the economy. Colleges and universities direct resources that way, private donors pour enormous sums that way, and students follow the money and the buzz, whatever their interests and talents. Humanities enrollments have plummeted, courses, programs, departments have been gutted, and tenured faculty let go.

 

But what even the most dire of Cassandras failed to see, even those working in AI, was the seismic upheaval AI was about to create.

 

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Obama might have been more cautious about dismantling an educational system that’s served the U.S. so well, a system widely believed to have been the engine of this country’s power and productivity. The U.S. still has the universities that rank highest internationally and have world-wide draw, in spite of the assaults higher education has lately endured. But he went ahead and based his educational policies on the vision of a technocrat (Gates’ word for himself) who sees the purpose of education as making a workforce that will allow U.S. industries “to compete in the global economy,” as Gates said in Waiting for Superman, 2010, a public-school-bashing documentary film he funded and starred in. Obama turned his education department over to the Gates foundation, as Lindsey Layton documented in the Washington Post, 2014: “top players in Obama’s Education Department who shaped theadministration’s policies came either straight from the Gates Foundation in 2009 or from organizations that received heavy funding from the foundation.”

 

With K-12, Obama uncritically adopted No Child Left Behind (NCLB), the test and assess regime George W. Bush inflicted on public schools in 2002 in the name of “reform”—even though NCLB was an acknowledged disaster by the time Obama took office. Schools could be closed if test scores declined— many were closed, especially in underprivileged areas, where kids don’t test well—which left teachers no choice but to teach to the test and strip curricula of subjects not tested, including literature, history, philosophy, the arts, languages, social sciences. The panic about test scores made a boondoggle for new ventures supplying materials for test- prepping, test-administering, test-scoring, and assessing. In fact, what test scores most reliably measure is how well kids take tests, which penalizes students from disadvantaged backgrounds and makes a mockery of claims that testing levels the playing field, the rationale for so-called reform.

 

Obama tightened the screws on Bush’s program, requiring states to agree to certain conditions to qualify for federal funding, each of them high on the Gates agenda. States had to agree to make room for more charter schools, and they did—more charters were founded on Obama’s watch than Bush’s. Gates claims that charters will create “choice” and “competition” and incentivize teachers to raise test scores. In fact they have not raised test scores, though they have succeeded in routing public funding to private interests, as they were meant to. States also had to agree to adopt a standardized curriculum. This came in the form of the Common Core State Standards, Gates’ brainchild, which wedded teaching even more closely to testing, assessing, and technology, since standardized material is easily computer-administered and scored. The Common Core has reduced reading and writing to decontextualized skills — “find the main point,” “identify the figures of speech”— which has been a major turnoff for kids. The moaning we hear lately about declining test scores is beside the point: the point is that kids are massively alienated from school because “drill, kill, bubble fill” is all they’re fed.

 

Gates has admitted that transforming K-12 is harder than he’d anticipated: “We really haven’t changed outcomes” (i.e. test scores). But he should not underestimate his impact. His perpetuation of the broken-public-schools narrative, his attack on teachers and tenure, his imposition of mechanization and measurement on an enterprise he knows nothing about, have driven teachers out of the profession in record numbers, with few lining up to take their places. Teachers have written and spoken against the Common Core, forming advocacy groups to resist it, and tens of thousands of parents have opted their kids out of testing— but the machine rolls on. The foundation “has influence everywhere, in absolutely every branch of education…federal, state, local,” with politicians, journalists, administrators, think tanks, summarizes Tom Loveless of the Brookings Institute.

 

Higher education has been harder to get hold of, on account of the respect it commands throughout the world. But harping on its failures to meet market needs has done much to skew it the Gates way. “The [Gates] foundation wants nothing less than to overhaul higher education, changing how it is delivered, financed, and regulated,” wrote Marc Parry, Kelly Field, and Becky Supiano, in a brilliant expose, “The Gates Effect.” It “would like college to be cheaper, more accessible, and more targeted towards the specific skills desired by employers. Instead of a broad education where a college student might take courses across a range of subjects, the new model has students demonstrating ‘competencies’ by passing tests in specific areas, and receiving a certificate upon completion.” Thefoundation “hasn’t just jumped on the bandwagon,” the authors conclude; “it has worked to build that bandwagon.”

 

And its stranglehold on mainstream media is murderous. As with K-12, “Gates buys up everyone and engineers the appearance of a consensus,” writes Diane Ravitch. Ravitch was in the first Bush education department and a proponent of No Child Left Behind, but turned against it when she realized its purpose was to route public resources to private interests; she has been a powerful advocate for public schools ever since. As with K-12, “the foundation has bought the research, bought the evaluations, bought the advocacy groups, and bought the media to report on what the foundation is doing. It has lavished support on education journals, while also saturating them with ads and ‘sponsored’ articles.” As with K-12, this creates the sense of a hue and cry from many quarters, of widespread agreement that higher education is broken, resists change, resists innovation, needs technology, needs to produce more STEM workers.

 

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Fifty years ago, the humanities had a “national mandate,” writes Nathan Heller in a widely read New Yorker article, “The End of the English Major,” February 2023. The liberal arts had pride of place. Now the mandate has moved to STEM, with more than a little push from business interests keen to transform higher education to job preparation and right-wing anti-education agendas.

 

In 2013, Obama’s administration produced a “Scorecard,” an online tool to show “folks” where they can get “the most bang for the buck,” as he promised in his 2013 State of the Union address. The Scorecard has Gates’ fingerprints all over it. It ranks colleges according to number of graduates, speed to graduation, starting salaries, time taken to pay back student loans—which makes a college rise higher in the rankings for graduating a hedge fund manager than a teacher. And higher education has cooperated, inviting managerial administrators in to make education “more like business,” lean, mean, and cost effective. They’ve stripped away courses and programs with no “real world” value and cut back in areas they deem inessential— like teaching, which has been turned over to part-timers or online programs, while tenured faculty are let go, and with them, tenure. Administrators hire more administrators, offices and functionaries proliferate, and academia is saddled with a top-heavy bureaucracy that drains resources. Then along comes a pandemic that cuts into college enrolments and devalues any enterprise without immediate utilitarian value—and here we are. The humanities are beyond crisis; they’re “on life support,” writes James Engell, Harvard Magazine, February.

 

And the STEM bandwagon rolls on, powered by Gates lobbying, onto the floor of Congress, where the Higher Education Act, the federal law governing crucial policies such as accreditation and standards that qualify colleges for financial aid, is overdue for reauthorization. In May 2019, the Gates foundation established a new lobbying group, “Commission on the Value of Postsecondary Education,” to make sure Congress understands the “value” of postsecondary education, “value” defined in terms of graduates’ salaries and social mobility. Prior to this lobbying group, the foundation exerted its influence from behind the scenes, but launching a 501c (4) nonprofit enables them to “talk directly with legislators about laws,”explains Nick Tampio. In May 2021, the Commission published a 117-page report, Equitable Value: Promoting Economic Mobility and Social Justice through Postsecondary Education, which spells out elaborate systems of measurement and assessment to make sureschools render dollar for dollar return on investment. The foundation is now in a position to assure that federal funding gets routed to majors leading to jobs Gates sees as vital to the economy.

 

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In 2018, Benjamin Schmidt cautioned against remaking higher ed to meet alleged market needs because nobody could predict what jobs would look like in ten years. Now, with AI to do the work of many humans, we might ask what jobs will look like in ten months. In March, Goldman Sachs released a report estimating that “generative AI may expose 300 million jobs to automation,” work that “might be reduced or replaced by AI systems,” summarizes Benj Rfestfd in Ars Technica. An insider, “Scott,” comments on a NYT article, March 28, on likely effects of GPT (“generative pre-trained transformers” that produce human-like text and images):

 

As a software entrepreneur who is part of a think tank that studies AI, I can tell you that GPT is not overhyped… it impacts every job from manufacturing to knowledge work, and with some imagination even agriculture, food production and restaurants… People are focusing on a single job? You should start thinking of entire professions, industries and companies (thousands of which GPT will put out of business this year). Our politics are not ready for the disruption, deflation and unemployment.

 

“We have summoned an alien intelligence,” write Yuval Harari, Tristan Harris, and Aza Raskin in the NYT in March. Our first contact with AI, they note, the relatively simple manipulation of attention by social media, was catastrophic: it “increased societal polarization, undermined our mental health and unraveled democracy.” What comes next is anybody’s guess, but a lot of people are worried, including more than a thousand tech leaders and researchers who signed an open letter in March calling for a six-month moratorium on the development of GPT, citing its “profound risks to society and humanity.”

 

“It’s a completely different form of intelligence,” says Geoffrey Hinton, the “godfather of AI,” who resigned from Google so he could speak freely; and it’s likely to be “much more intelligent than us in the future.” It has the capacity to flood the internet with fake images and misinformation so convincing that we may “not be able to know what is true anymore”—which is dire for democracy. There are calls for regulation, including from Sam Altman, CEO of Open AI, the company that created GPT-4: “the current worries I have are of disinformation problems, economic shocks, or something else at a level far beyond anything we’re prepared for.”

 

Meanwhile the titans, Google, Amazon, Microsoft, Meta, are out of the gate, racing for the spoils.

 

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How to deal with an alien intelligence that’s faster and smarter than we are? Killing the humanities has left us a bit understaffed in this department. By eliminating subjects that might teach us about ourselves and our fellow beings, we’re exacerbating the problems confronting society. Misinformation and conspiracy fantasies flourish, racism and hate crimes are on the rise, along with mortality rates, not only from Covid but “deaths of despair.” Quality of life in the U.S. has plummeted.

 

Many people fear that the STEM craze may be turning out graduates ignorant of the past and their world, ill equipped for the challenges of an increasingly uncertain future. Spending one’s college years mastering the practical skills of a specialized field does not cultivate a broad understanding of the world. Minds need to be developed all around, if they are to “understand human behavior” and achieve “emotional intelligence and mental balance”— the capacities Yuval Harari says young people most need as they face dizzying change. They’ll need, above all, ”the ability to keep changing,” qualities of adaptability and versatility cultivated by the kind of education we’ve trashed.

 

“Major in being human,” David Brooks advises young people who are wondering where to turn with AI threatening to steal their futures. Ask yourself, “which classes will give me the skills that machines will not replicate, making me more distinctly human?” Gravitate toward classes that will help you develop “distinctly human skills… that unleash your creativity, that give you a chance to exercise and hone your imaginative powers.” That would be the humanities, small, discussion-based classes where students learn about the past and creations of their kind, about what humankind has been and might be; where they learn to articulate their positions and see that others have positions too, that they can disagree yet get along—which goes a way toward learning to live in society. Find the human, urges Douglas Rushkoff in Team Human, and find the others who can help us resist the anti-human agenda and “restore the social connections that make us fully functioning humans.”

 

The stakes are high. A 2020 study, “The Role of Education in Taming Authoritarian Attitudes,” found that in all the countries surveyed, higher education correlated with resistance to authoritarianism, but it made the greatest difference in the United States, on account of our unique system of general education based in the liberal arts. Yet this is the system we’re letting go. Authoritarianism thrives on misinformation, on simplistic, us-them thinking. Democracy requires that people deal with complexity, think, question, interpret, inquire, sort out information from misinformation, push back against agendas being pushed on us, take nothing on authority. It requires that people know how to read their world, interpret, evaluate, inquire, consider context and consequences, and know how to seek sources other than social or corporate media. Decoding has a longer shelf life than the coding Gates is pushing. It’s crucial to democracy –and to employability, it turns out, since skills alone become rapidly obsolete.

 

To disinvest in the humanities is to disinvest in the human, to give up on the hope of a livable world and more humane future. Which is why it’s urgent to resuscitate the humanities and not outsource our humanity to Hal.

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Gayle Greene is Professor Emerita, Scripps College, Claremont, CA. Her most recent book is Immeasurable Outcomes: Teaching Shakespeare in the Age of the Algorithm (Johns Hopkins UP, 2023), which makes a case for the humanities by actually showing what goes on in a small discussion class.

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