Archives for category: Equity

Polk County Public Schools expressed relief July 25 after learning that the Trump Administration would release about $20 million in funding that it had withheld for weeks.

The district issued a news release, noting that the previously frozen grants in four categories directly fund staff positions and services supporting migrant students, English-language learners, teacher recruitment and professional development, academic enrichment programs and adult education.

The relief, though, was only partial. When the district eight days earlier took the unusual action of issuing a public statement warning of “significant financial shortfalls,” it cited not only the suspended federal grants but also state policies.

Legislative allocations for vouchers — scholarships to attend private schools or support home schooling — combined with increased funding for charter schools “are diverting another $45.7 million away from Polk County’s traditional public schools,” the district’s news release said.

The statement reflected warnings made for years by advocates for public education that vouchers are eroding the financial stability of school districts.

“The state seemingly underestimated the fiscal impact that vouchers would have,” Polk County Schools Superintendent Fred Heid said in the July 17 news release. “As a result, the budget shortfall has now been passed on to school districts resulting in a loss of $2.5 million for Polk County alone. We now face having to subsidize state priorities using local resources.”

Florida began offering vouchers in the 1990s, initially limiting them to students with disabilities and those in schools deemed as failing. Under former Gov. Jeb Bush, the state expanded the program in 2001 to include students from low-income families.

The number of students receiving vouchers rose as state leaders adjusted the eligibility formula. In 2023, the Legislature adopted a measure introducing universal vouchers, available to students regardless of their financial status.

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All of Polk County’s legislators voted for the measure: Sen. Ben Albritton, R-Wauchula; Sen. Colleen Burton, R-Lakeland; Rep. Melony Bell, R-Fort Meade; Rep. Jennifer Canady, R-Lakeland; Rep. Sam Killebrew, R-Winter Haven; and Rep. Josie Tomkow, R-Polk City.

Allotment for vouchers swells

The vouchers to attend private schools are known as Florida Empowerment Scholarships. The state also provides money to families through the Florida Tax Credit Scholarship and the Personalized Education Program, which financially supports home-schooled students.

The money for vouchers comes directly from Florida’s public school funding formula, the Florida Education Finance Program.

Families of students receiving such scholarships have reportedly used the money to purchase large-screen TVs and tickets to theme parks, spending allowed by Step Up For Students, the nonprofit that administers most scholarships.

The state allotment for vouchers has swelled from $1.6 billion in the 2021-2022 school year to about $4 billion in fiscal year 2024-2025, according to an analysis from the Florida Policy Institute, a nonprofit with a progressive bent.

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In Polk County, 5,023 students claimed vouchers in the 2021-2022 school year, according to the FPI report. Those scholarships amounted to just over $41 million.

The figures rose in 2022-2023 to 6,124 students and nearly $58 million. The following year, the total was 7,854 students and nearly $72 million.

In the 2024-2025 school year, 11,297 students in Polk County received vouchers totaling more than $97 million, FPI reported.

A calculation from the Florida Education Finance Program projects that nearly $143 million of Polk County’s state allotment for education will go to Family Empowerment Scholarships in the 2025-2026 school year, a potential increase of about 47%. The total reflects 16.3% of Polk County’s state funding.

Statewide, the cost of vouchers has risen steadily and is projected to reach nearly $4 billion in the 2025-26 school year.

Florida’s State Education Estimating Conference report from April predicts that public school enrollment will decline by 66,000 students over the next five years, or about 2.5%. Over the same period, voucher use is projected to increase by 240,000.

The state projected that only about 27% of the new Family Empowerment Scholarship recipients would be former public school students.

Subsidizing wealthy families?

Since the state removed financial eligibility rules for the scholarships in 2023, voucher use has soared by 67%, the Orlando Sentinel reported in February. And the majority of scholarships have been claimed by students who were already attending private schools.

By the 2024-25 school year, more than 70% of private school students were receiving state scholarships, the Sentinel reported. The total had been less than a third a decade earlier.

The Sentinel published a list of private schools, with the number of students on state scholarships from the years before and after the law took effect.

Among Polk County schools, Lakeland Christian School saw a jump from 40 to 89, a rise of 122.5%. The increases were 102.7% for All Saints Academy in Winter Haven and 60.3% for St. Paul Lutheran School in Lakeland.

The scholarships available to Polk County students for the 2025-2026 school year are $8,209 for students in kindergarten through third grade; $7,629 for those in grades four through eight; and $7,478 for students in ninth through 12th grades. Those figures come from Step Up for Students.

There have been news reports of private schools boosting their tuition rates in response to the universal voucher program. Lakeland Christian School’s advertised tuition for high school students has risen from $14,175 in 2022-2023 to $17,975 for the current school year, a jump of 26.8%.

Polk school district prepares to enforce state law banning most student cell phone use

Stephanie Yocum, president of the Polk Education Association, decried the trend of more state educational funding going to private schools.

“In the 2023-24 school year, 70% of Florida’s universal vouchers went to students who already were in private schools,” Yocum said. “Seventy percent of those billions and billions and billions of dollars are going to subsidize already wealthy families, and our state continues to push welfare for the wealthy, while they are siphoning off precious dollars from our students that actually attend a public school, which is still the supermajority of children in this state.”

Critics of vouchers point to Arizona, which instituted universal school vouchers in 2022. That program cost the state $738 million in fiscal year 2024, far more than Arizona had budgeted, according to a report from EdTrust, a left-leaning advocacy group.

Arizona is facing a combined $1.4 billion deficit over fiscal years 2024 and 2025, EdTrust reported. The net cost of the voucher program equals half of the 2024 deficit and two-thirds of the projected 2025 deficit, it said.

Meanwhile, there is a move toward a federal school voucher program. The “One Big Beautiful Bill Act” that Congress adopted in early July uses the federal tax code to offer vouchers that students could use for private school tuition or other qualifying education expenses.

The Senate revised the initial House plan, making it not automatic but an opt-in program for each state. The Ledger emailed the Florida Department of Education on Aug. 4 asking whether the state plans to participate. A response had not come by Aug. 6.

The federal program could cost as much as $56 billion, EdTrust reported. Becky Pringle, president of the National Education Association, the nation’s largest teachers’ union, called the program “a moral disgrace,” as NPR reported.

Canady: Let parents choose

Proponents of vouchers say that it is essential to let students and parents choose the form of education they want, either through traditional public schools, charter schools, private schools or homeschooling.

Canady, who is in line to become state House Speaker in 2028, defended the increase in scholarship funding.

“In Florida, we fund students — not systems,” Canady said by text message. “Parents have the freedom they deserve to make the decisions that are best for their own children. There are a lot of great school options — public district, public charter, private, and homeschool.”

She added: “In Florida, decisions about which school a child will attend are not made by the government — parents are in control.”

Canady has taught at Lakeland Christian for nearly 20 years and is director of the school’s RISE Institute, which encompasses research, innovation, STEM learning and entrepreneurship. She began her career teaching at a public school.

None of Polk County’s other legislators responded to requests for comment. They are Rep. Jon Albert, R-Frostproof; Rep. Jennifer Kincart Jonsson, R-Lakeland; and Albritton, Burton and Tomkow.

Canady noted that 475 fewer students were counted in Polk County Public Schools for funding purposes in the 2024-2025 than in the previous year.

“That reflects the choices that families have made,” Canady wrote. “During the same time, the Florida Legislature increased teacher pay by more than $100 million dollars and continues to spend more taxpayer money on education than ever before.”

She added: “Education today looks different than it did decades ago, and districts around the state are all adapting to the new choice model. Funding decisions should always be about what is good for students and honor the choices that families make.”

The 475 net loss of students in Polk’s public schools last year is far below the increase of 3,443 in Polk students receiving state scholarships.

Questions of accountability

Yocum said that public school districts face certain recurring costs that continue to rise, no matter the fluctuations in enrollment resulting from the use of vouchers.

“You’ll still have the same — I call them static costs, even though those are going up — for maintenance, for buildings, for air conditioning, for transportation,” Yocum said. “All of those costs still exist. But when you start to siphon off dollars that public schools should be getting to run a large-scale operation of educating children, then we are doing more and more with less and less.”

Yocum also raised the question of accountability. The Florida Department of Education carefully controls public schools, largely dictating the curricula they teach, overseeing the certification of teachers and measuring schools against a litany of requirements codified in state law.

Public schools must accept all students, including those with disabilities that make educating them more difficult and costly.

By contrast, Yocum said, private schools can choose which students to accept or reject. The schools are free from much of the scrutiny that public schools face from the Department of Education.

The alert that Polk County Public Schools issued on July 17 mentioned another factor in its financial challenges.

“PCPS is facing an immediate $2.5 million state funding shortfall due to what state officials have described as dual-enrollment errors that misallocated funding for nearly 25,000 Florida students,” the statement said.

That seemed to refer to a “cross check” that the Florida Department of Education performs twice a year, said Scott Kent of Step Up for Students. The agency compares a list of students on scholarships with those reported as attending public schools.

If a student appears on both lists, the DOE freezes the funding. Step Up for Students then contacts the students’ families and asks for documentation that they were not enrolled in a district school, Kent said.

“This is a manual process that can be time-consuming, as the state and scholarship funding organizations want to ensure accuracy and maintain the integrity of the scholarship programs,” Kent said by email. “The DOE currently is checking the lists before releasing funds to Step Up to pay eligible students.”

In the 2025 legislative session, the Florida Senate passed a bill that would have clarified which funds are dedicated to Family Empowerment Scholarships, a way of addressing problems in tracking students as they move between public and private schools. But the bill died, as the state House failed to advance it.

Yocum said the House rejected transparency.

“They want it to look like they’re funding public schools at the level that they should be funding it, where, in reality, more and more of our dollars are running through our budgets but being diverted to corporate charter, private schools and home schools that have no accountability to our tax dollars,” she said.

Effect of charter schools

The warning from the Polk County school district mentioned funding for charter schools as part of a “diversion” of $45.7 million traditional public schools.

Charter schools are publicly funded schools that operate independently. Polk County has 36 charter schools covering all grades. Those include two charter systems: Lake Wales Charter Schools with seven schools, and the Schools of McKeel Academy with three.

Some other charter schools are affiliated with national organizations, including for-profit companies.

Yocum lamented the passing of public funds through the school district to charter schools, though specified that she had no criticism of the McKeel or Lake Wales systems.

“We’re talking about the corporate-run charters that are in it to make money,” she said. “We keep seeing billions and billions of our state dollars diverted to those money-making entities that do not make decisions in the best interest of children. They make decisions in the best interest of their bottom line.”

Canady sponsored a bill in 2023 establishing the transfer of hundreds of millions of dollars from traditional public schools to charter schools’ capital budgets by 2028. It passed with the support of all Polk County lawmakers, and Gov. Ron DeSantis signed it into law.

The Florida Legislature passed a bill in the 2025 session (HB 1105), co-sponsored by Kincart Jonsson, that requires public school districts to share local surtax revenues with charter schools, based on enrollment share.

The bill, which DeSantis signed into law, also makes it easier to convert a public school into a charter school, allowing parents to initiate the change without requiring cooperation from teachers. It also authorizes cities or counties to transform public schools with consecutive D or F grades into “job engine” charter schools.

Gary White can be reached at gary.white@theledger.com or 863-802-7518. Follow on X @garywhite13.

A Trump-appointed judge overturned the Trump administration’s ban on policies of diversity, equity and inclusion in schools and colleges, according to Collin Binkley of the AP. Will her ruling stand?

WASHINGTON (AP) – A federal judge on Thursday struck down two Trump administration actions aimed at eliminating diversity, equity and inclusion programs at the nation’s schools and universities.

In her ruling, U.S. District Judge Stephanie Gallagher in Maryland found that the Education Department violated the law when it threatened to cut federal funding from educational institutions that continued with DEI initiatives.

The guidance has been on hold since April when three federal judges blocked various portions of the Education Department’s anti-DEI measures.

The ruling Thursday followed a motion for summary judgment from the American Federation of Teachers and the American Sociological Association, which challenged the government’s actions in a February lawsuit.

The case centers on two Education Department memos ordering schools and universities to end all “race-based decision-making” or face penalties up to a total loss of federal funding. It’s part of a campaign to end practices the Trump administration frames as discrimination against white and Asian American students.

The new ruling orders the department to scrap the guidance because it runs afoul of procedural requirements, though Gallagher wrote that she took no view on whether the policies were “good or bad, prudent or foolish, fair or unfair.”

Gallagher, who was appointed by President Donald Trump, rejected the government’s argument that the memos simply served to remind schools that discrimination is illegal.

“It initiated a sea change in how the Department of Education regulates educational practices and classroom conduct, causing millions of educators to reasonably fear that their lawful, and even beneficial, speech might cause them or their schools to be punished,” Gallagher wrote.

Democracy Forward, a legal advocacy firm representing the plaintiffs, called it an important victory over the administration’s attack on DEI.

“Threatening teachers and sowing chaos in schools throughout America is part of the administration’s war on education, and today the people won,” said Skye Perryman, the group’s president and CEO.

The Education Department did not immediately comment on Thursday.

The conflict started with a Feb. 14 memo declaring that any consideration of race in admissions, financial aid, hiring or other aspects of academic and student life would be considered a violation of federal civil rights law.

The memo dramatically expanded the government’s interpretation of a 2023 Supreme Court decision barring colleges from considering race in admissions decisions. The government argued the ruling applied not only to admissions but across all of education, forbidding “race-based preferences” of any kind.

“Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon ‘systemic and structural racism’ and advanced discriminatory policies and practices,” wrote Craig Trainor, the acting assistant secretary of the department’s Office for Civil Rights.

A further memo in April asked state education agencies to certify they were not using “illegal DEI practices.” Violators risked losing federal money and being prosecuted under the False Claims Act, it said.

In total, the guidance amounted to a full-scale reframing of the government’s approach to civil rights in education. It took aim at policies that were created to address longstanding racial disparities, saying those practices were their own form of discrimination.

The memos drew a wave of backlash from states and education groups that called it illegal government censorship.

In its lawsuit, the American Federation of Teachers said the government was imposing “unclear and highly subjective” limits on schools across the country. It said teachers and professors had to “choose between chilling their constitutionally protected speech and association or risk losing federal funds and being subject to prosecution.”

The Boston Globe reported on the resumption of science projects halted by the Trump administration because their subjects were Black, Hispanic, gay, or transgender. Trump is determined to wiped out federal recognition of these categories of people and to stop science research of all kinds.

PROVIDENCE — Four months after her large-scale research study seeking to contain the spread of HIV was canceled by the Trump administration, Dr. Amy Nunn received a letter: the grant has been reinstated.

The study, which is enrolling Black and Hispanic gay men, is set to resume after a June court order in favor of the American Public Health Association and other groups that sued the National Institutes of Health for abruptly canceling hundreds of scientific research grants. 

The NIH said in a form letter to researchers in February and March that their studies “no longer effectuate agency priorities” because they included, among other complaints, reference to gender identity or diversity, equity and inclusion.

The order from US District Judge William Young in Massachusetts was narrow, reinstating nearly 900 grants awarded to the plaintiffs, not all of the thousands of grants canceled by NIH so far this year. Young called DEI an “undefined enemy‚” and said the Trump administration’s “blacklisting” of certain topics “has absolutely nothing to do with the promotion of science or research.”

The Trump administration is appealing the ruling, and the NIH continues to say they will block diversity, equity, and inclusion efforts, prompting ongoing fear from scientists that their studies could still be on the chopping block even as they restart.

“We feel like we’re tippy-toeing around,” said Nunn, who leads the Rhode Island Public Health Institute. “The backbone of the field is steadfast pursuit of the truth. People are trying to find workarounds where they don’t have to compromise the integrity of their science.”

Nunn said she renewed her membership to the American Public Health Association in order to ensure she’d be included in the lawsuit.

Despite DEI concerns, she plans to continue enrolling gay Black and Hispanic men in her study, which will include 300 patients in Rhode Island, Mississippi, and Washington, D.C. 

Black and Hispanic men who have sex with other men contract HIV at dramatically higher rates than gay white men, a statistic Nunn aims to change.

The study was just getting underway, with 20 patients enrolled, when the work was shut down by the NIH in March. While Nunn’s clinic in Providence did not do any layoffs, the clinic in Mississippi — Express Personal Health — shut down, and the D.C. clinic laid off staff.

The four-month funding flip-flop could delay the results of the study by two years, Nunn said, depending on how quickly the researchers can rehire and train new staff. The researchers will also need to find a new clinic in Mississippi.

The patients — 100 each in Rhode Island, Mississippi, and D.C. — will then be followed for a year as they take Pre-Exposure Prophylaxis, or PrEP, to prevent them from contracting HIV

The protocol that’s being studied is the use of a patient navigator for “aggressive case management.” That person will help the patient navigate costs, insurance, transportation to the clinic, dealing with homophobia and other barriers to staying on PrEP, which can be taken as a pill or a shot.

The study’s delay means “the science is aging on the vine,” Nunn said, as new HIV prevention drugs are rolled out. “The very thing that we’re studying might very well be obsolete by the time we’re able to reenroll all of this.”

The hundreds of reinstated grants include titles that reference race and gender, such as a study of cervical cancer screening rates in Latina women, alcohol use among transgender youth, aggressive breast cancer rates in Black and Latina women, and multiple HIV/AIDs studies involving LGBTQ patients.

“Many of these grants got swept up almost incidentally by the particular language that they used,” said Peter Lurie, the president of the Center of Science in the Public Interest, which joined the lawsuit. “There was an arbitrary quality to the whole thing.”

Lurie said blocking scientists from studying racial disparities in public health outcomes will hurt all Americans, not just the people in the affected groups.

“A very high question for American public health is why these racial disparities continue to exist,” Lurie said. “We all lose in terms of questions not asked, answers not generated, and opportunities for saving lives not implemented.”

The Trump administration is not backing down from its stance on DEI, even as it restores the funding. The reinstatement letters from the NIH sent to scientists this month include a condition that they must comply with Trump’s executive order on “biological truth,” which rescinded federal recognition of transgender identity, along with Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color and national origin.

Kenneth Parreno, an attorney for the plaintiffs, said he was told by Trump administration lawyers that new letters would be sent out without those terms.

But Andrew Nixon, a spokesperson for the Department of Health and Human Services, said Wednesday the administration “stands by its decision to end funding for research that prioritized ideological agendas over scientific rigor and meaningful outcomes for the American people.”

“HHS is committed to ensuring that taxpayer dollars support programs rooted in evidence-based practices and gold standard science — not driven by divisive DEI mandates or gender ideology,” Nixon said in any email to the Globe.

The Trump administration’s appeal is pending before the First Circuit Court of Appeals in Boston. A motion for a stay of Young’s decision was denied, and the Trump administration is appealing that ruling to the US Supreme Court.

The ongoing push to remove DEI from science has created fear in the scientific community, which relies on federal funding to conduct its research and make payroll.

“Scientific morale has taken a big hit,” Nunn said. “People are apprehensive.”

Indeed, major research institutions have faced mass funding cuts from the federal government since Trump took office. Brown University, the largest research institution in Rhode Island, had more than $500 million frozen until it reached an agreement with Trump on Wednesday.

In exchange for the research dollars to be released, Brown agreed not to engage in racial discrimination in admissions or university programming, and will provide access to admissions data to the federal government so it can assess compliance. The university also agreed not to perform any gender-affirming surgeries and to adopt Trump’s definitions of a male and female in the “biological truth” executive order.

While some have avoided speaking out, fearing further funding cuts, Nunn said she felt a “moral and ethical duty” to do so.

Jan Resseger is a social justice warrior who worked for the United Church of Christ. In retirement, she writes lucid, carefully researched articles about social policy and its effect on the nation’s most vulnerable people.

I should post everything she writes but I miss some. Here is Jan on Trump’s Big Ugly Bill and how it will hurt the neediest children and families.

This article about Trump’s assault on civil rights law was posted by the National Education Policy Center.

She writes:

On Wednesday, April 23rd, President Donald Trump released an executive order banning the use of disparate impact when the Department of Education’s Office for Civil Rights investigates disparities in school discipline under the Civil Rights Act of 1964.

Under the concept of disparate impact, officials in the Office for Civil Rights have been able to document discrimination by measuring the effects of a school’s or school district’s discipline practice on the mass of the  school’s or school district’s students even when there is no proof that staff members intended to punish some students mores severely due their race or ethnicity or sexual orientation. Staff at the Brookings-Brown Center on Education Policy, Rachel Perera and Jon Valant, define “disparate impact”: “Disparate impact is the idea that school discipline policies that disproportionately harm students of color may constitute illegal racial discrimination even if those policies are… applied in an evenhanded way.”

Academic researchers have been examining unjust school discipline policies for decades. In 2014, the Civil Rights Project at UCLA described groundbreaking work to define “the school-to-prison pipeline” as a metaphor for disparate impact in discipline policies across many U.S. public schools. Researchers documented differences in the kind of punishment imposed on students based on their race or ethicity or disability: “The Civil Rights Project has been working on the school discipline issues since 1999, under the leadership of Daniel Losen. Research from CRP’s Center for Civil Rights Remedies… finds that far too many districts suspend students in droves, while many others have little or no racial disparities and adhere to the common sense philosophy that suspensions, expulsions and arrests are strictly measures of last resort.”

In her new book, Original Sins, sociologist Eve Ewing describes how a punitive, prison-like, school culture, including systemic disparate impact, can infuse a school’s treatment of different groups of students because individual teachers and staff just get caught in the system in which they operate every day: “As sociologist Carla Shedd has written, the ‘routines and rituals’ created by carceral logic—everything from interacting with police officers in schools to strict uniform codes of conduct—become integral to the way a school functions, and can ultimately undermine the ostensibly educational purpose of the school building by making students feel unsafe… From within the space of the school, such regimes of discipline can become so routine that they escape notice by those who are accustomed to them.” (Original Sins, pp, 156-157)

For decades, disparate impact in school discipline has been at the heart of many of the complaints filed and consent decrees established between school districts and the U.S. Department of Education’s Office for Civil Rights. But on April 23, as the NY Times’ Erica Green reports, “President Trump has ordered federal agencies to abandon the use of a longstanding legal tool used to root out discrimination against minorities, a move that could defang the nation’s bedrock civil rights law. In an expansive executive order, Mr. Trump directed the federal government to curtail the use of ‘disparate-impact liability,’ a core tenet used for decades to enforce the Civil Rights Act of 1964 by determining whether policies disproportionately disadvantage certain groups… ‘This order aims to destroy the foundation of civil rights protections in this country, and it will have a devastating effect on equity for Black people and other communities of color,’ said Dariely Rodriguez, the acting co-chief counsel at the Lawyers Committee For Civil Rights Under Law….”

Green explains: “The disparate-impact test has been crucial to enforcing key portions of the landmark Civil Rights Act, which prohibits recipients of federal funding from discriminating based on race, color or national origin. For decades, it has been relied upon by the government and attorneys to root out discrimination in areas of employment, housing, policing, education and more. Civil rights prosecutors say the disparate-impact test is one of their most important tools for uncovering discrimination because it shows how a seemingly neutral policy or law has different outcomes for different demographic groups, revealing inequities… Mr. Trump’s order resurrects a last-ditch effort made in the final days of his first term to repeal disparate-impact regulations through a formal rule-making process… Now the Justice Department’s embattled civil rights division has halted the use of disparate-impact investigations altogether, officials said.”

It is important to note that the Trump administration has not attempted, so far, to change the law itself, but instead to amend the federal guidance and rules that the Department of Education’s Office for Civil Rights has used in its investigations.  The Washington Post‘Kim Bellware explains: “Trump’s order directs federal agencies to ‘deprioritize enforcement’ of statutes and regulations that include disparate-impact liability, which has long enabled courts to stop policies and practices that unfairly exclude people on the basis of protected characteristics such as race, gender, and disability.”

When disparate impact is cited, the disparities are regularly documented with large data studies.  For example, back in 2008, in his powerful book, So Much Reform: So Little Change, the University of Chicago’s Charles Payne described national data indicating the widespread disparate impact of discriminatory school discipline: “According to data collected by the U.S. Department of Education for the 2004-2005 school year, African American students nationally are suspended or expelled at nearly three times the rate of white students. In Minnesota, Black students are six times as likely to be suspended as whites, but that seems downright friendly compared to New Jersey, where they are almost 60 times more likely to be expelled. In 21 states, the percentage of Black suspensions is more than double their percentage in the student body. These disproportions affect middle-class as well as working-class Black students and there is no reason to believe that they can be reduced to actual differences in student behavior. At least some of the discrepancy seems to be about teachers interpreting similar behaviors differently when they come from students of different races… We shouldn’t be surprised to learn that African American students perceive school climate less favorably than white students or staff.” (So Much Reform: So Little Change, p. 112)

In 2014, in its own “Dear Colleague Letter,” the Obama administration announced a formal policy affirming the use of “disparate impact” as evidence in school discrimination cases. Here is constitutional law professor, Derek W. Black, in a 2016 book, Ending Zero Tolerance: The Crisis of Absolute School Discipline: “On January 8, 2014, the Departments of Education and Justice went beyond individual enforcement actions and formally announced their policy on school discipline moving forward… The policy guidance distinguished between disparate treatment (treating minority students and whites differently in terms of discipline) and disparate impact (facially neutral policies that result in racially disparate outcomes). It came as no surprise that schools cannot suspend an African American student for fighting and only send his white classmate to study hall. But the (formal policy) guidance on racial disparities was significant.” (Ending Zero Tolerance, p. 84)

In 2018, the first Trump administration tried to end the use of disparate impact as a way to measure civil rights violations by ending Obama’s rules and guidance. Perera and Valant reported: “When the Trump administration rescinded the Obama Dear Colleague Letter in 2018… it dropped any reference to disparate impact theory and defined much narrower conditions (for) OCR investigations.”

Perera and Valant add that the Biden administration did, in another Dear Colleague Letter, try to restore Obam’s rules and guidance, but they write that Biden administration’s “letter lacks a definition of illegal discrimination, information about how the federal government will enforce civil rights law, guidance for school districts on mandated data collection, or suggested practices and policies to prevent discrimination.”

Nevertheless, despite the weak Biden policy statement, President Biden’s Department of Education continued to investigate and enforce civil rights violations in school discipline based on disparate treatment.

Here we are now in 2025 with President Trump’s new executive order that attempts to cancel the use of disparate impact in civil rights enforcement altogether. Fortunately Trump’s new executive order will likely face lawsuits.  Erica Green explains why: “Mr. Trump’s executive order, which is likely to face legal challenges, falsely claimed that the disparate-impact test was ‘unlawful’ and violated the Constitution. In fact, the measure was codified by Congress in 1991, upheld by the Supreme Court as recently as 2015 as a tool in the work of protecting civil rights, and cited in a December 2024 dissent by Justice Samuel A. Alito Jr.”

In the meantime in late March 2025, a month before Trump’s new executive order banning the use of disparate treatment in civil rights investigations, Trump’s Office for Civil Rights, in a move demonstrating Trump’s view of civil rights enforcement using “disparate impact,” dismissed a consent degree established in the Biden years to address discriminatory school discipline. The Washington Post‘s Laura Meckler describes what happened in Rapid City, South Dakota: “For years, Native American students in the Rapid City, South Dakota, school district were more likely to be disciplined and less likely to enroll in advanced courses than their White peers. In 2010, the Education Department opened an investigation to see if racial discrimination was to blame… The original investigation found that Native American students in the district were twice as likely as White students to be referred for discipline, more than four times as likely to be suspended and more than five times as likely to be referred to law enforcement officials.”

Meckler continues: “The effort lingered until last year, when investigators came to a voluntary agreement with the district. In a 28-page letter signed last May, the federal government outlined its concerns that Native American and White students had been treated differently. The school district, which is the second-largest in South Dakota, agreed to take a number of steps, including staff trainings, better communication with parents and ongoing monitoring.”

At the end of March 2025, reports Meckler, “the Trump administration told the Rapid City Area School District it was terminating the agreement.”  But school district personnel in Rapid City did not consider the termination of the consent agreement to be a victory: “The Trump administration letter, sent March 27, came as a shock to the Rapid City Area School District, which did not ask for a change, a district spokeswoman said. She said the district plans to continue to abide by its terms, even though federal officials will not be monitoring to see if it does so. ‘While political priorities may shift, our core educational values remain steadfast,’ Cory Strasser, the district’s acting superintendent said in a statement. ‘Our mission remains to provide a safe, positive, and nondiscriminatory learning environment where all students can achieve their full potential.’ “

John Merrow was the education correspondent for PBS for many years. Now, in retirement, he continues to write and help us think through the existential moments in which we live.

He writes:

More than five million demonstrators in about 2000 communities stepped forward to declare their opposition to Donald Trump, on June 14th. “No Kings Day” was also Trump’s 79th birthday, Flag Day, and the anniversary of the creation of the American army.

So now we know what many of us are against, but the central question remains unanswered: What do we stand FOR? What do we believe in?

Just as FDR called for Four Freedoms, the Democratic party needs to articulate its First Principles.  I suggest three: “The Public Good,” “Individual Rights,” and “Rebuilding America after Trump.” 

 THE PUBLIC GOOD: Democrats must take our nation’s motto, E pluribus unum, seriously, and they must vigorously support the common good.  That means supporting public libraries, public parks, public schools, public transportation, public health, public safety, public broadcasting, and public spaces–almost anything that has the word ‘public’ in it.

INDIVIDUAL RIGHTS: Because the fundamental rights that are guaranteed in our Constitution are often subject to interpretation, debate, and even violent disagreement, Democrats must be clear.  Free speech, freedom of worship, habeas corpus, and other fundamental rights are not up for debate, and nor is a woman’s right to control her own body.  

Health care is a right, and Democrats must make that a reality.  

Conflict is inevitable–think vaccination requirements–and Democrats should come down on the side of the public good.  

Because Americans have a right to safety, Democrats should endorse strong gun control measures that ban assault weapons that have only one purpose–mass killing. 

REBUILDING AMERICA AFTER TRUMP:  The Trump regime was and continues to be a disaster for a majority of Americans and for our standing across the world, but it’s not enough to condemn his greed and narcissism, even if he goes to prison.  Let’s first acknowledge that Trump tapped into serious resentment among millions of Americans, which further divided our already divided country.  

The challenge is to work to bring us together, to make ‘one out of many’ in the always elusive ‘more perfect union.’  The essential first step is to abandon the ‘identity politics’ that Democrats have practiced for too long.  Instead, Democrats must adopt policies that bring us together, beginning with mandatory National Service: 

National Service: Bring back the draft for young men and women to require two years of (paid) National Service, followed by two years of tuition or training credits at an accredited institution.  One may serve in the military, Americorps, the Peace Corps, or other helping organizations.  One may teach or work in distressed communities, or rebuild our national parks, or serve in other approved capacities.  JFK famously said “Ask not what your country can do for you. Ask what you can do for your country.”  Let’s ask BOTH questions.  

Additionally: 1) Urge states to beef up civic education in public schools, teaching real history, asking tough questions.  At the same time, federal education policies should encourage Community schools, because research proves that schools that welcome families are more successful across many measures.

2) Rebuild Our Aging Infrastructure: This is urgent, and it will also create jobs.

3) Adopt fiscal and monetary policies to address our burgeoning national debt. This should include higher taxes on the wealthy, emulating Dwight Eisenhower. 

4) Adopt sensible and realistic immigration policies that welcome newcomers who arrive legally but close our borders to illegal immigration.

5) Rebuilding America also means rebuilding our alliances around the world.  Democrats should support NATO and Ukraine, and rejoin efforts to combat climate change. 

James Ryan, the president of the University of Virginia since 2018, announced his resignation under intense pressure from the Trump administration.

The Civil Rights Division of the Trump administration pressured the Board of Governors of the university to remove Ryan because of his support for diversity, equity, and inclusion.

They said that he pretended to comply with the federal demands to eliminate DEI but merely renamed them.

For the past half century, DEI was considered a hallmark of compliance with civil rights laws. DEI programs encouraged women and nonehites to enroll in higher education and to study the history of discrimination.

Under Trump, DEI has been reinterpreted to mean favoring those groups at the expense of white men and thus discriminating against white men.

The Trump administration has cut federal grants to universities that are slow or unwilling to dismantle DEI programs.

The New York Times reported that lawyers for the Civil Rights Division demanded Ryan’s ouster.

The demand to remove Mr. Ryan was made over the past month on several occasions by Gregory Brown, the deputy assistant attorney general for civil rights, to university officials and representatives, according to the three people briefed on the matter.

Mr. Brown, a University of Virginia graduate who, as a private lawyer, sued the school, is taking a major role in the investigation. He told a university representative as recently as this past week that Mr. Ryan needed to go in order for the process of resolving the investigation to begin, two of the people said.

Harmeet K. Dhillon, the Justice Department’s top civil rights lawyer, has also been involved in negotiations with the university. She received her law degree from the University of Virginia, where she was a student in the law school at the same time as Mr. Ryan…

Mr. Ryan, hired in 2018 as the university’s ninth president, has leaned into issues like making the school more diverse, increasing the number of first-generation students and encouraging students to do community service. But his approach, which he says will make the university “both great and good,” has rankled conservative alumni and Republican board members who accuse him of wanting to impose his values on students and claim he is “too woke.”

Before becoming the University of Virginia’s president, Mr. Ryan served as the dean of the Harvard Graduate School of Education, where he was praised for his commitment to D.E.I. programs. Harvard has been one of the Trump administration’s chief targets since it began its assault on higher education.

The administration’s attempt to assert federal influence over state university leadership decisions is also illustrative of how Mr. Trump’s political appointees continue to wield the Justice Department’s investigative powers to achieve policy goals long sought by a top Trump adviser, Stephen Miller.

Legal experts said they could think of few other instances in which an administration had demanded that a school have its president removed in order to resolve a Justice Department investigation.

“This is a tactic you would expect the government to use when it’s playing hard ball in a criminal case involving a corporation accused of serious wrongdoing or pervasive criminal activity,” said Daniel C. Richman, who is a law professor at Columbia University and a former federal prosecutor.

In 2017, when Trump passed his first budget bill, his allies inserted into it an unprecedented tax on institutions of higher education that have large endowments. The tax was 1.4%. But that 1.4%, though it seemed small, was money that would not be available for low-income students at expensive colleges and universities. The next logical step–once the government starts taxing nonprofits– would have been to tax megachurches but that didn’t happen.

This year, the Trump administration has included in its “One Big Ugly Budget Bill” a dramatic increase in the tax on higher education endowments.

Instead of 1.4%, the highest rate would climb to 21%.

This onerous tax would limit colleges’ ability to cover the tuition of students who are fully qualified but lack the financial resources to pay. The inevitable result of this tax will be to restrict the number and size of scholarships.

I received this letter from President Paula A. Johnson of Wellesley College, my alma mater. Dr. Johnson grew up in Brooklyn, where she graduated from a large public high school (Samuel J. Tilden), then to Radcliffe and to Harvard Medical School. She was a cardiologist before she was chosen as Wellesley’s president almost a decade ago. She is dedicated to providing scholarships for students who need them.

She wrote to all alumnae:

It is hard to overstate the importance of this moment for higher education. We are being threatened in previously unimaginable ways that cut to the core of our values and endanger a large proportion of our students. At Wellesley, we are deeply concerned about changes that could affect academic freedom, our need-blind status, and our ability to build a diverse community, one made richer by our international students.  

One of the most significant threats comes from the likelihood of a major increase to the tax on college endowments. Last month, the U.S. House of Representatives passed a budget bill that would raise the tax from 1.4% to as much as 21%. Under this proposal, Wellesley would be taxed at 14%, which means our liability under the tax would increase from $3 million, where it is currently, to $30 million per year—an amount equal to fully funding financial aid for 325 students. 

When you consider that more than two-thirds of the $82 million Wellesley spent last year to support financial aid came from our endowment, the disastrous impact of this tax becomes clear. This is a punitive tax on students and families who need financial aid.

The tax would also have a disproportionate impact on small colleges like Wellesley that, without other revenue streams such as graduate programs or large research budgets, rely on endowments to support their mission.

At Wellesley, 43% of our operating budget comes from the endowment, making it our largest source of revenue. A tax increase would have a severe impact on our academic program and our ability to meet students’ financial needs. In addition, the tax would override the intent of generations of alumnae who have given to the endowment to support financial aid and our academic mission. 

That is why Wellesley has joined a coalition of more than two dozen small colleges and universities from 17 states across the country that together serve more than 50,000 students. The coalition’s core argument, which we are sharing with members of Congress, is that endowments are not a luxury for small colleges; they are essential to continuing our commitments to access, opportunity, and educational excellence for students. 

If this totally unwarranted tax is passed, the number of meritorious students from low-income, even middle-income families would shrink dramatically.

This is wrong.

Raise taxes on corporations and billionaires.

Tax megachurches.

Raise the taxes and tariffs on super yachts.

Don’t tax the endowments of institutions of higher education.

The Economic Policy Institute issued an open letter to the American people, written and co-signed by six economists who won the Nobel Prize.

They wrote:

As economists who have devoted our careers to researching how economies can grow and how the benefits of this growth can be translated into broadly shared prosperity and security, we have grave concerns about the budget reconciliation bill passed by the U.S. House of Representatives on May 22, 2025.

The most acute and immediate damage stemming from this bill would be felt by the millions of American families losing key safety net protections like Medicaid and Supplemental Nutrition Assistance Program (SNAP) benefits. The Medicaid cuts constitute a sad step backward in the nation’s commitment to providing access to health care for all. Proponents of the House bill often claim that these Medicaid cuts can be achieved simply by imposing work reporting requirements on healthy, working-age adults. But healthy, working-age adults are by definition not heavy consumers of health spending, so achieving the budgeted Medicaid cuts will obviously harm others as well.

Medicaid provides health insurance coverage for low-income Americans, but this includes paying out-of-pocket health costs for low-income retired Medicare recipients and providing nursing home and in-home care services for elderly Americans. Medicaid also covers 41% of all births in the United States, including over 50% of all births in Louisiana, Mississippi, New Mexico, and Oklahoma. Work reporting requirements will obviously yield no savings from these Medicaid functions.

Besides providing affordable health care to families, Medicaid is also crucial to state budgets and hospital systems throughout the country—particularly in rural areas. In 2023, the federal government sent $615 billion to state governments to cover Medicaid spending; this federal contribution accounted for over 75% of total state Medicaid spending in more than 19 states. Rural hospitals in states that accepted the Medicaid expansion that was part of the Affordable Care Act were 62% less likely to close than rural hospitals in non-expansion states.

In addition to Medicaid, the House bill also significantly cuts SNAP. These steep cuts to the social safety net are being undertaken to defray the staggering cost of the tax cuts included in the House bill, including the hidden cost of preserving the large corporate income tax cutpassed in the 2017 tax law. But even these sharp spending cuts will pay for far less than half of the tax cuts (not even including the cost of maintaining the corporate income tax cuts of the 2017 law).

U.S. structural deficits are already too high, with real debt service payments approaching their historic highs in the past year. The House bill layers $3.8 trillion in additional tax cuts ($5.3 trillion if all provisions are made permanent) on top of these existing fiscal gaps—and these tax cuts are overwhelmingly tilted toward the highest-income households. Even with the safety net cuts, the House bill leads to public debt rising by over $3 trillion in coming years (and over $5 trillion over the next decade if provisions are made permanent rather than phasing out). The higher debt and deficits will put noticeable upward pressure on both inflation and interest rates in coming years.

The combination of cuts to key safety net programs like Medicaid and SNAP and tax cuts disproportionately benefiting higher-income households means that the House budget constitutes an extremely large upward redistribution of income. Given how much this bill adds to the U.S. debt, it is shocking that it still imposes absolute losses on the bottom 40% of U.S households(if some of the fiscal cost is absorbed in future bills with extremely high and broad tariffs, the share of households seeing absolute losses will increase rapidly).

The United States has a number of pressing economic challenges to address, many of which require a greater level of state capacity to navigate—capacity that will be eroded by large tax cuts. The House bill addresses none of the nation’s key economic challenges usefully and exacerbates many of them. The Senate should refuse to pass this bill and start over from scratch on the budget.

Daron Acemoglu
MIT Economics

Peter Diamond
MIT Economics

Oliver Hart
Harvard University

Simon Johnson
MIT Sloan School of Management

Paul Krugman
Graduate Center, City University of New York

Joseph Stiglitz
Columbia University

Project 2025’s section on education proposes that the U.S. Department of Education’s largest funding streams for K-12 schools be turned into block grants to the states with minimal oversight. The two big programs are Title 1 for poor kids and the funding for students with disabilities (IDEA).

The states would be free to convert these funds into vouchers, instead of spending them on low-income students or students with disabilities.

The National Education Association explains here:

Block Grant Overview

Typically, the deal between the federal government and states when specific program funds are block-granted is that the federal government will provide less funding in return for less regulation and requirements. With less regulation, the assumption is that states should be able to do as much or more with less money. While it may be appealing initially to those who administer federal grants at the state and local level, in reality, fewer dollars mean fewer programs and services. States and school districts may have more flexibility in using federal funds but it comes at the expense of the students the federal grant program was designed to help in the first place.

 Many states already underfund their commitment to public education. If states and districts don’t cover the shortfall, students receiving Title I and IDEA services will suffer. Furthermore, both Title I and IDEA have maintenance of effort and supplement, not supplant requirements to ensure states and districts hold up their levels of spending when receiving federal funds. Those requirements will fall away, too, and, most likely, so will the funding commitments by states and districts.

Title I of the ESEA and IDEA were created to ensure all students have equal access to an education, regardless of family income or disability. Many states were failing to adequately educate students in these populations, if at all. The federal role here was clear: where a student lived or their circumstances should not determine the quality of their education. ESEA and IDEA enshrined this principle and attached specific conditions and requirements that states must follow, in return for federal financial assistance, to ensure that students from lower-income families and communities and those with disabilities have the same opportunity to learn as any other student. “No-strings-attached” block grant funding turns the clock back 60 years on education policy and progress, and turns its back on our nation’s commitment to educating all students. While one would like to think that we can trust states to do the right thing on behalf of all students, history tells us differently. 

Providing states with federal aid and fewer requirements leaves the door open for states to do as they wish. Title I of ESEA and IDEA include important requirements and protections for students and families precisely because they were lacking previously. At its core, the Department of Education is a civil rights agency, providing dollars, regulations, requirements, guidance, technical assistance, research, monitoring, and compliance enforcement to preserve and protect students’ access to a free and appropriate education. Strip it away, and you strip away the rights of certain students to a meaningful education.  

 

The Trump administration claims that it wants to reduce federal intervention into the nation’s public and private institutions. But it intervenes forcefully in both public and private sectors to punish anyone with different views. It has threatened to withhold federal funding for research from universities unless the targeted universities allow the federal government to supervise its curriculum, its hiring policies, and its admissions policies. And he threatened to stop the funding of any K12 school that continues DEI programs.

The Trump regime has created a nanny state.

From Day 1, Trump made clear that he would ban practices and policies intended to diversity, equity, and inclusion. He threatened to withhold federal funding of schools that ignored his order to eliminate DEI. He has taken complete control of the Kennedy Center, so as to block DEI programming, and he has appointed a woman with no credentials to remove DEI from the Smithsonian museums.

Who knows how the African American Museum will survive Trump’s DEI purge.

ABC News reported that a federal district judge has halted the DEI ban, at least in schools associated with one of the lawsuit’s plaintiffs, the NEA.

ABC News reported:

The Trump administration’s attempt to make federal funding to schools conditional on them eliminating any DEI policies erodes the “foundational principles” that separates the United States from totalitarian regimes, a federal judge said on Thursday.

In an 82-page order, U.S. District Judge Landya McCafferty partially blocked the Department of Education from enforcing a memo issued earlier this year that directed any institution that receives federal funding to end discrimination on the basis of race or face funding cuts.

“Ours is a nation deeply committed to safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned,” Judge McCafferty wrote, adding the “right to speak freely and to promote diversity of ideas and programs is…one of the chief distinctions that sets us apart from totalitarian regimes.”

“In this case, the court reviews action by the executive branch that threatens to erode these foundational principles,” she wrote.

The judge stopped short of issuing the nationwide injunction, instead limiting the relief to any entity that employs or contacts with the groups that filed the lawsuit, including the National Education Association and the Center for Black Educator Development.