Archives for category: Separation of church and state

The Department of Political Science at the University of Gothenburg in Gothenburg, Sweden, publishes an annual report on the state of democracy around the world. In the recently published report, the authors made clear that democracy in the world is in retreat. Nowhere has it declined as dramatically as in the United States.

A special section of the report is focused on the United States. Under Trump, democracy in the USA is under attack. The President has centralized power in his office. The Republican-dominated Congress has ceded almost all of its Constitutional powers to Trump. The word “almost” may be an overstatement, as it’s difficult to remember an issue when Congress said no to a Presidential power grab.

The V-DEM report begins its special section about the “autocratization” of power in the United States:

*Under Trump’s presidency, the level of democracy in the USA has fallen back to the same level as in 1965.

Yet the situation is fundamentally different than during the Civil Rights era. In 2025, the derailment of democracy is marked by executive overreach undermining the rule of law, along with far-reaching suppression and intimidation of media and dissenting voices.

*The speed with which American democracy is currently dismantled is unprecedented in modern history.

*Legislative Constraints – the worst affected aspect of democracy – is losing one-third of its value in 2025 and reaching its lowest point in over 100 years.

*Civil Rights and Equality before the Law are also rapidly declining, falling to late 1960s levels.

*Freedom of Expression is now at its lowest level since the end of WWII.

*Electoral components of democracy remain stable. Election-specific indicators are re-assessed only in electoral years, and the 2025 scores are based on the quality of the 2024 elections.

The scale and speed of autocratization under the Trump administration are unprecedented in modern times. Within one year, the USA’s LDI score has declined by 24%; its world rank dropped from 20th to 51st place out of 179 nations. The level of democracy on the LDI is dwindling to 1965 level – the year that most regard as the start of a real, modern democracy in the USA.

Yet the deficiencies of American democracy today are fundamentally different from that of the Civil Rights era. As the V-Dem data and other evidence below show, the autocratization now is marked by executive overreach, alongside attacks on the press, academia, civilliberties, and dissenting voices.

The Most Dramatic Decline in American History

In 2023, the USA scored 0.79 on the LDI – shortly before the 2024 election year when first deteriorations were registered. The scores plummeted to 0.57 in 2025 (Figure 22). With such a sharp drop on the LDI, the level of democracy at the end of 2025 is back to the 1965 level. Symbolically, that is the year that most analysts consider the USA began its transition to a real democracy.

Democracy in the USA is now at its worst in 60 years. We are not alone in this assessment. Professor Steven Levitsky at Harvard University says the regime in the USA is now some type of authoritarianism. The Century Foundation argues that “American democracy is already collapsing…”

By magnitude of decline on the LDI, the 2025 plunge is the largest one-year drop in American history going back to 1789 – that is, in the entire period covered by V-Dem data. Only Trump 1.0 compares, when the LDI in the USA fell from 0.85 to 0.73 in four years, bringing the country back to its 1976 level and far below the regional average (Figure 22). American democracy survived Trump 1.0 but did not recover fully.

One notable shift is the transformation of the Republican Party to endorsing a far-right, nationalist, and anti-pluralist agenda. Nationalist, anti-liberal, far-right parties and leaders have largely driven the “third waveof autocratization.” Yet the USA stands out as the only case where such movement seized control over one party in a rigid two-party system.

Please open the link and read the report to review the sources and to understand how dramatically democracy has been undercut during the first year of Trump’s second term.

The Founding Fathers thought they had written a Constitution that would prevent the rise of tyranny. They were wrong.

The Century Foundation published an analysis of Trump’s federal voucher program, which explains why it is a hoax and a fraud. The authors are Kayla Patrick and Loredana Valtierra.

The promise it makes is that families and students will choose schools that are just right for them, but the reality is that schools choose the students they want.

The promise is that school choice will benefit black and brown children, as well as children with disabilities, but children abandon all civil rights protections when they enroll in private schools.

The promise is that schools of choice will produce better academic outcomes but typically they produce worse outcomes (see Josh Cowen, The Privateers).

The promise is that school choice represents accountability but it usually means no accountability at all, because nonpublic schools don’t take national or state tests.

Kayla Patrick and Loredana Valtierra write:

Modern school voucher programs are often framed as a response to declining academic achievement and a way to expand “parent choice” by enabling private educators to operate within the public system. But in practice, vouchers operate quite differently than advertised. It’s the private schools, not families, who ultimately decide who enrolls, and they do so outside the accountability systems that govern public education and public dollars and ensure every student has equal opportunity to learn.

The Federal Tax Credit Scholarship Program (FTCS), passed as part of the Republican Party’s “One Big Beautiful Bill” (OBBBA), scales this model for camouflaged privatization to the national level. Though branded as a tax incentive, it functions as a nationwide voucher system that diverts public dollars to private schools while allowing those schools to play by different rules than public providers—evading civil rights protections, academic oversight, and any requirement to provide meaningful evidence to the public of their students’ outcomes.

A National Voucher Program Disguised as a Tax Credit

The FTCS nationalizes a model that at least twenty states and counting –including Arizona, Georgia, Louisiana, and Pennsylvania – have already adopted, one which functions by siphoning public dollars through scholarship granting organizations (SGOs). Under this law, individual taxpayers can donate up to $1,700 annually to SGOs in exchange for a 100 percent federal tax credit, effectively turning private donations into reimbursed public expenditures.

SGOs then will distribute “scholarships” to K–12 students to use toward private school tuition, books, curriculum materials, tutoring or other educational classes, and educational therapies provided by licensed providers. While the program is optional for states, at least twenty-seven have already signaled their intent to participate.

[To see which states have expressed their intent to participate, open the link.]

Despite its branding, this design drains public revenue that would otherwise support public schools—which still educate roughly 90 percent of American students—and redirects it to private, religious, and largely unregulated providers. 

The program model also ignores what parents time and again have told us they want for their children. When given a direct choice at the ballot box, voters have repeatedly rejected school vouchers and related private-school subsidy measures. In the 2024 election, proposals to authorize or expand voucher-style programs in Colorado, Kentucky, and Nebraska were defeated, and historical ballot measure data show that voters have rejected every statewide private voucher or education tax credit initiative placed before them since 1970. This opposition is reflected in polling that shows nearly 70 percent of voters say they would rather increase federal funding for public schools than expand government-funded vouchers, including majorities across party lines.

[Open the link to see which states have held referenda on vouchers.]

Broad Eligibility, Few Quality Controls, and Limited Public Benefit

Even measured against its stated goal of affordability, the FTCS program misses the mark. But if the goal is to make education more affordable for families under real financial strain, this program is also ineffective. Private K–12 tuition averages nearly $13,000 per year nationwide, placing private schooling out of reach for many families even with a modest subsidy. Yet the tax credit is not targeted to families facing affordability pressures. It allows households earning up to 300 percent of area median income to qualify, a threshold that would make roughly 90 percent of U.S. households eligible. In high-income regions, families earning as much as $500,000 per year could receive publicly subsidized support for private education, while in a city like New York—where median income is about $81,000—families earning nearly $244,000 would qualify. At a time when families are struggling to afford groceries, housing, and child care, this program directs public dollars toward a limited use—private education subsidies for households that largely do not need the financial help—rather than toward measures that would help most families, like lowering child care or housing costs.

At a time when families are struggling to afford groceries, housing, and child care, this program directs public dollars toward a limited use—private education subsidies for households that largely do not need the financial help—rather than toward measures that would help most families, like lowering child care or housing costs.

At the same time, the program imposes no meaningful accountability requirements on participating schools. There are no academic performance standards, no transparency obligations, and no requirement to evaluate outcomes. In contrast to nearly every other federal program serving children, from Title I to Head Start, this is public spending without public oversight. Federal programs historically are monitored for fiscal, quality, and sometimes for safety compliance by the agency with charge over the program. In this case, U.S Department of Education (ED) expertise plays no role in oversight of new national policy for education.1

What State Leaders Can and Cannot Control

FTCS offers a tempting hook for well-intentioned state policymakers as well: Some governors and state legislatures may view the tax credit as a way to unlock new resources for priorities like tutoring or after-school programs. In practice, however, it offers no new, flexible funding for states and gives them little control over how public dollars are used. The law defines “scholarship-granting organizations” so broadly that states cannot meaningfully restrict eligibility, set standards, or influence whether funds flow primarily to high-cost private schools rather than unmet public needs.

Once a state opts in, its role is largely administrative and unfunded. States receive no resources to carry out oversight, cannot impose safeguards, and must submit eligible organizations to the U.S. Treasury without authority to shape program design or accountability. Far from being additional education funding that states need, opting in requires that states absorb the fiscal, administrative, and equity consequences of a federal program they are unable to direct or correct. It is not “free money” for states. The opt-in decision is therefore the only meaningful leverage states have—and governors should use their right to refuse to play along in order to protect their public education systems.

Why Oversight and Accountability Matters

Public funding should never function on a good-faith system. It’s very simple: in good policymaking, whenever taxpayer dollars are allocated, oversight measures are put in place to make sure those dollars are spent in the way intended. We already know from numerous examples in the school choice policy space itself that no accountability means that those who need the help the least receive the most benefit.

Eighteen states have a universal private school choice program. Unfortunately, states that have expanded vouchers or education savings accounts with minimal oversight have already seen waste, fraud, and abuse. Arizona’s universal Empowerment Scholarship Account (ESA) program, for instance, has minimal controls, audit practices that automatically approve reimbursements, and has been linked to purchases of non-educational items like diamond rings, televisions, and even lingerie with taxpayer funds, prompting investigations by the state attorney general. Rather than lowering costs for families, the program has generated ballooning expenses for the state and contributed to a growing budget crisis—with no measurable benefit to students at all.

Similarly, the federal Charter Schools Program has repeatedly been shown to lack meaningful accountability, with investigations and audits documenting hundreds of millions of dollars wasted on schools that never opened or closed prematurely, and charter networks facing conservatorship over financial mismanagement and self-dealing. These outcomes are the predictable result of public dollars flowing to private operators without meaningful oversight.

Decades of research on voucher programs show mixed or negative academic outcomes, particularly in math and reading, and no evidence that vouchers close opportunity gaps. In Louisiana, Indiana, and Ohio, studies found declines in student achievement following expansions in voucher programs. Students in Louisiana’s voucher program experienced drops in both math and reading in their first two years, while voucher students in Indiana and Ohio performed worse than comparable peers who remained in public schools. 

The program nationalizes an unproven experiment while insulating it from the very safeguards that exist to protect students and taxpayers alike.

Taken together, these examples underscore why oversight and accountability are not optional when public dollars are at stake. The FTCS program includes no meaningful accountability, evaluation, or research requirements to justify an estimated $26 billion cost to taxpayers. Without data on student learning, fiscal integrity, or long-term outcomes, the public has no way to assess whether this investment is helping students or simply reshuffling them across systems while diverting resources away from the public schools that serve most children and toward unknown corporate interests.2 In effect, the program nationalizes an unproven experiment while insulating it from the very safeguards that exist to protect students and taxpayers alike.

Who Profits When Public Dollars Become Private Subsidies?

Another consequence of turning public education dollars into private subsidies is that it creates a lucrative marketplace for the companies that manage these voucher systems. A handful of firms have seized on state voucher expansions to secure multimillion-dollar contracts, turning what was pitched as a cost-saving policy into a business opportunity for tech and finance intermediaries. These companies often have limited experience running education programs, and in some states have faced scrutiny over operational problems, questionable spending controls, and high administrative costs. 

This track record raises questions about whether families truly benefit from FTCS’s model. It would seem the opposite: it diverts taxpayer dollars into private profit streams instead of lowering education costs for struggling families. Instead of more wasteful government contracts, these dollars should be used to improve neighborhood schools by hiring high-quality educators, increasing after school programs, expanding pre-K, and hiring mental health professionals.

A Tax Policy Not Designed to Support Education

Congress gave sole interpretive authority for this program to the U.S. Treasury Department, deliberately excluding the U.S. Department of Education and its education-specific expertise. As a result, a major national education policy will be implemented through the tax code, with limited attention to accountability, equity, or educational impact. While advocates have urged the Treasury Department to include stronger transparency, safeguards, and state authority, it is unlikely those measures will be adopted to address the program’s core design flaws.

This use of the tax code stands in sharp contrast to prior policies that successfully supported children and families. The 2021 expanded Federal Child Tax Credit helped to lift more than 2 million childrenout of poverty and reduced the country’s child poverty level to a historic low of 5.2 percent. This program will likely do the opposite. Research shows that private school voucher programs disproportionately benefit wealthy families. Consistent with many other provisions in the law, Congressional Republicans have chosen to prioritize a tax break that disproportionately benefits the wealthy, over nearly every other form of charitable giving, such as donations to food pantries, hospitals, or community services.

By incentivizing families to exit public schools, the voucher tax credit also undermines the financial stability of those schools, particularly in rural and high-need communities. Because education funding is largely enrollment-based, even modest shifts can lead to school closures, consolidations, and reduced services. This leaves behind those families who don’t have the time or resources to navigate private systems, and asks taxpayers to reimburse private donations on top of existing public education costs.

Civil Rights Protections Are Excluded

Public schools that receive federal funding are required to comply with federal civil rights laws, including Title VI and Title IX of the Civil Rights Act, the Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act. In 2024, ED received 22,687 civil rights complaints, including about 8,400 related to disability discrimination, reflecting just how often students and families rely on these protections. 

These laws require schools to take corrective action to prevent and respond to discrimination, provide accommodations and services to students, investigate complaints, and offer families meaningful avenues for recourse. This is what public accountability looks like in practice, and its success depends on ED’s legal authority and the staff capacity to respond when families ask for help.

By contrast, the OBBA does not require scholarship-granting organizations or the private schools and programs they fund to comply with these federal civil rights protections, even though they benefit from publicly subsidized dollars. This means that if a student experiences harassment or discrimination based on race, national origin, sex, religion, or disability, families may have little or no ability to hold private schools accountable or seek remedies comparable to those guaranteed in public schools.

Evidence from state voucher programs shows why this gap matters. An investigation in North Carolina found that voucher funds flowed to private schools that were significantly whiter than the communities they serve, reinforcing racial segregation rather than expanding opportunity. In the absence of enforceable civil rights guardrails, public funding supports exclusionary practices that would be unlawful in public schools.

The Cost to Public Schools and Communities

Ultimately, this voucher/tax credit perpetuates a broader pattern of states, in addition to the federal government, stepping back from their responsibility to fully fund and strengthen public schools. Rather than address the systemic problems that perpetuate low-performing schools, it treats educational inequity as a series of individual problems to be solved by sending public dollars to private education. No matter how the administration spins it, these programs fail to prioritize students from lower-income families while simultaneously subsidizing private education for higher-income families. It invites taxpayers to feel as though they are helping children access opportunity, while leaving the underlying inequities in public education unresolved and, in many cases, deepened.

[Open the link to see data on source of insurance.]

This tax credit is projected to cost $26 billion, which is a high price tag that instead could be doing real good in public schools. If Congress instead invested this through Title I, that money would amount to roughly $1,238 per student in schools serving low-income communities. Research shows that investments of this size improve reading and math outcomes. In other words, we know how to use public dollars to help students succeed. This policy chooses not to.

Imagine putting that $26 billion, the lowest estimated cost of the tax credit over ten years, toward Title I, the federal program that benefits most public schools. That would more than double Title I’s current funding at $18.4 billion. Title I’s flexibility allows schools to meet their specific needs to improve student achievement: more teachers, aides, professional development, wraparound services, and more. 

IDEA is supposed to fund 40 percent of each student’s special education each year, but the federal government has never met that promise. Current funding at $14.2 billion amounts to less than 12 percent of the promise. However, adding $26 billion to IDEA would almost triple current funding and completely close the gap. 

We know that the unprecedented funding from the American Rescue Plan and other COVID relief packages will make a major return on investment: every $1,000 invested per student will be worth $1,238 in future earnings. That funding also required states to at least maintain their education budgets at prior funding so that the federal investment would not replace their responsibility and effort, but work together. The FTCS model completely disregards these precedents, and their values.

The Federal Tax Credit Scholarship Is a Heist Taken Straight from the Right’s Privatization Playbook

The Federal Tax Credit Scholarship program follows a familiar privatization strategy. It routes public dollars to private actors while stripping away the oversight, transparency, and civil rights protections that normally accompany public investment. Framed as generosity and choice, it instead creates a system in which taxpayers assume the cost while private schools and intermediaries operate largely beyond public accountability.

The program recreates many risks at a national scale. The schools and organizations receiving these publicly subsidized funds are not required to demonstrate academic results, comply with federal civil rights law, or provide transparency about how dollars are spent. Families are left without protections, taxpayers without accountability, and policymakers without evidence that the investment is improving student outcomes.

When public dollars are transformed into lightly regulated private subsidies, they invite exploitation. The Federal Tax Credit Scholarship is not an isolated policy choice: it follows a pattern of policies that weaken, and normalize weakening, public education while insulating private actors from responsibility. History shows where this path leads: higher costs, weaker safeguards, and fewer assurances that public investments serve the public good.

Notes

  1. The Trump administration has taken multiple actions to reduce the role of the U.S. Department of Education, including firing staff and reassigning education programs and staff to other agencies through interagency agreements (IAAs) without congressional authorization. Such actions raise legal and governance concerns and further erode the education-specific expertise, oversight, and accountability that Congress has historically vested in ED.
  2. Under the OBBA, the federal tax credit for contributions to SGOs applies to individual taxpayers. The law does not provide separate federal tax credit rules for corporate contributions; whether and how corporations might participate or benefit may depend on future Treasury and IRS regulations and state tax policies. Many states currently allow corporate contributions to SGOs.
Read more about Kayla Patrick

Kayla Patrick, Contributor

Read more about Loredana Valtierra

Loredana Valtierra, Contributor

A federal judge in Arkansas blocked a state law requiring the display of the 10 Commandments in public school classrooms.

The Hill reported:

A judge ruled Monday to permanently bar several school districts from following Arkansas’s law to display the Ten Commandments in public school classrooms.  

U.S. District Judge Timothy Brooks ruled the law violates the Establishment Clause and the free exercise rights of the plaintiffs.  

“Act 573’s purpose is only to display a sacred, religious text in a prominent place in every public-school classroom. And the only reason to display a sacred, religious text in every classroom is to proselytize to children. The State has said the quiet part out loud,” the judge wrote.  

The ruling affects several Arkansas school districts but is not a statewide ban.  

“Today’s decision ensures that our clients’ classrooms will remain spaces where all students, regardless of their faith, feel welcomed and can learn without worrying that they do not live up to the state’s preferred religious beliefs,” said Heather Weaver, senior counsel for the American Civil Liberties Union’s Program on Freedom of Religion and Belief. 

Jeff LeMaster, communications director for the office of state Attorney General Tim Griffin, said the office is “reviewing the opinion and will appeal.”

The ruling comes after the 5th U.S. Circuit Court of Appeals upheld Louisiana’s state law requiring the Ten Commandments be posted in classrooms. Arkansas is under the U.S. 8th Circuit Court of Appeals. 

A split in decisions could lead the case to the Supreme Court, which some proponents of the law are hoping for.

Let’s be clear. Hanging a citation from the Bible does not change student behavior. It does not make them more likely to obey the commandments. It is an effort to indoctrinate children, but it probably doesn’t do that either.

The Biblical verse is given a place to please adults.

It might be useful if education researchers compared the crime rate in districts that do or don’t hang the 10 Commandments in classrooms.

The Republican majority in the Texas legislature, funded by white Christian nationalists, persists in trying to turn the state’s public schools into Christian indoctrination centers. They have passed laws to post the Ten Commandments in every classroom, to teach lessons from the Bible as part of literacy instruction, and to demolish any line between church and state.

Meanwhile the 5.5 million children in the public schools of Texas come from every imaginable religion, as well as none at all. Public school is not the place to teach religion. That’s the job of parents and religious institutions.

A diverse coalition of faith leaders and defenders of civil liberty joined to support separation of church and state.

The joint statement reads:

March 10, 2026, Austin, TX – A statewide coalition of diverse organizations and Texans across the state successfully empowered Texas families to defend the religious freedom of millions of Texas public school students from Senate Bill 11, the state-organized prayer in school law. Passed in the 2025 legislative session, S.B. 11 required school districts to vote on whether to adopt periods of state-organized prayer and religious study during the school day. The deadline to vote was March 1.

The coalition, comprising both religious and secular voices, empowered community leaders and school boards to reaffirm the value of religious diversity and the essential separation of religion and government in our democracy. Parents, students, teachers, clergy, and more spoke up in districts across the state. As the Texas Tribune reports, nearly all of Texas’s 1,200 school districts rejected S.B. 11. This includes many who adopted a coalition-supported alternative resolution emphasizing religious freedoms already present in public schools. As a result, millions of students in Texas are protected from coercive, divisive, and overbroad state-sponsored expressions of religion in schools.

This effort was organized in partnership between RAC-TXBaptist Joint Committee for Religious Liberty (BJC)Christians Against Christian NationalismAmerican Civil Liberties Union of TexasAmerican Federation of Teachers-TexasAmericans United for Separation of Church and StateStudents Engaged in Advancing Texas (SEAT)National Council of Jewish Women DallasTexas Freedom NetworkTexas ImpactPastors for Texas ChildrenFaith Commons, and Freedom From Religion Foundation.

“S.B. 11 is part of an ongoing effort to undermine public institutions, especially our schools, in favor of Christian nationalist policies that govern based on a distorted version of one religion’s teachings,” said RAC Texas Field Organizer Blake Ziegler (he/him). “Reform Jews in Texas proudly stood alongside our interfaith and secular friends against this violation of religious freedom. S.B. 11 would hurt our Jewish students, excluding them from their peers instead of promoting the religious pluralism essential to our democracy.”

“The people of Texas aren’t buying what SB11 was selling,” said Rabbi David Segal, Policy Counsel at Baptist Joint Committee for Religious Liberty (BJC). “This massive rejection of state-organized prayer proves that Texans value the separation of church and state. Student led prayer is already allowed in our public schools, it just shouldn’t be a government-run program. We are proud to see districts across the state stand up for the religious freedom of every student, regardless of their faith tradition.”

“This is what democracy looks like,” said Carisa Lopez, deputy executive director of the Texas Freedom Network. “Across Texas, people of every faith – and no faith – came together to protect our shared right to practice religion freely, without the government telling our children when, how, and what to believe. SB 11 handed the state the power to organize prayer in public schools and put teachers in the impossible position of refereeing religious participation. Worst of all, it asked families to sign away their constitutional rights just to opt out. We are grateful to every school board member, parent, and coalition partner who showed up to protect our public school students and their religious freedom. Together we’ll continue fighting for the Texas we all deserve.”

From Texas Impact: “Texas Impact has always fought for religious freedom, and in the case of Senate Bill 11, that meant preventing Christianity from being pushed into public schools. Every student in Texas has the right to pray on their own time in any public school. Senate Bill 11 attempts to overstep by inserting prayer into our schools, per the advice of our Attorney General Paxton. We should let Texan families and faith communities lead religious education, not our elected officials.”

“Texas public schools serve all children from every conceivable faith tradition, and no faith tradition. They are public institutions that must not favor, advance, or establish any religion. Religion is for the congregation, home, and individual. When it becomes a tool of the state, both get corrupted. Every single time,” said Rev. Charles Foster Johnson, Executive Director at Pastors for Texas Children.

“School districts across the state overwhelmingly rejected S.B. 11 because inviting state-organized prayer into public schools would cause division, pressure students to conform, and distract schools from their core educational mission,” said Caro Achar (she/her), engagement coordinator for free speech and pluralism at the ACLU of Texas. “Texas students already have robust rights to pray and read religious texts on their own during the school day. This law didn’t address a real problem. Instead, it threatened to create new problems by blurring the line between church and state – putting students’ and families’ constitutional rights at risk.”

“SB 11 is just another in a long line of culture war bills meant to drive a wedge between us to keep people distracted from the bigger picture,” said Texas AFT President Zeph Capo. “School districts are just affirming what we know to be true: our students already enjoy religious freedom and SB 11’s prayer period imposes a specific agenda that would alienate students and educators alike. The brave organizers and students on the ground that advocated against SB 11 at school boards across the state deserve special recognition and Texas AFT is in this fight with them.”

“The resistance to implementing S.B. 11’s state-organized prayer periods in Texas public schools should send a message to state legislators that Texans don’t support the Christian Nationalist agenda of imposing one set of religious views on all public school children,” said Rachel Laser (she/her), president and CEO of Americans United for Separation of Church and State. “Our Constitution’s promise of church-state separation means that students and their families – not politicians – get to decide if, when and how public school children engage with religion.”

“SB 11 is a transparent attempt to erode the constitutional separation between church and state by promoting religious activity in public schools,” said Freedom From Religion Foundation Co-President Annie Laurie Gaylor (she/her). “Our classrooms must remain secular spaces that respect students of all beliefs and none.”

“I want my granddaughter to be able to go to school and be herself. I want her to not feel left out, or ‘othered,’ when she doesn’t participate in a state-organized prayer time, ” said Robyn C., NCJW Dallas Advocacy Committee member. “I want every child to feel included, regardless of their faith or lack thereof.”

“Students across Texas showed up to speak for themselves and their classmates. In places like El Paso, Bastrop, Katy, and many others, we saw students testify and share how important it is that public schools remain welcoming to people of every faith and those not observing a particular religion. The decisions by these districts to reject state-organized prayer periods reaffirm that religious freedom means everyone has a seat at the table. Our schools should be spaces where diversity is respected and no student feels pressured to participate in someone else’s religious practice,” said SEAT Senior Policy Associate Azeemah Sadiq, a high school student in Alief ISD.

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About the Religious Action Center of Reform Judaism

For more than six decades, the Religious Action Center of Reform Judaism (the RAC) has worked to educate, inspire, and mobilize the Reform Jewish community to advocate for social justice. We mobilize around federal, state, provincial, and local legislation on more than 70 pressing socioeconomic issues, including gun violence prevention, immigration, reproductive rights, and criminal justice reform.

As a joint instrumentality of the Union for Reform Judaism and the Central Conference of American Rabbis, we represent the values of the largest and most diverse Jewish Movement in North America to governments at all levels.

About Baptist Joint Committee (BJC) & Christians Against Christian Nationalism

BJC (Baptist Joint Committee for Religious Liberty) is an 90-year-old religiously based organization working to defend faith freedom for all and protect the institutional separation of church and state in the historic Baptist tradition. BJC is the home of the Christians Against Christian Nationalism campaign.

About Texas Freedom Network

The Texas Freedom Network is a grassroots organization of religious and community leaders and young Texans building an informed and effective movement for equality and social justice.

About Texas Impact

Texas Impact equips faith leaders and their congregations with the information, opportunities, and outreach tools to educate their communities and engage with lawmakers on pressing public policy issues. They help people live out their faith in the public square, moving the faith community from charity to justice.

About Pastors for Texas Children

Pastors For Texas Children mobilizes the faith community for public education support and advocacy.

About the American Civil Liberties Union of Texas

The ACLU of Texas works with communities, at the State Capitol, and in the courts to protect and advance civil rights and civil liberties for every Texan, no exceptions. Established in 1938, the ACLU of Texas is an independent affiliate of the national ACLU.

About American Federation of Teachers-Texas

Texas AFT is a statewide union with 66,000 members, including K-12 educators and support staff, community college and university faculty, and retirees. We believe that education is the path to a just and democratic society. We also believe the only way to give students a quality education is through the dedicated work of empowered public educators.

About Americans United for Separation of Church and State

Americans United for Separation of Church and State is a religious freedom advocacy organization based in Washington, D.C. Founded in 1947, AU educates Americans about the importance of church-state separation in safeguarding religious freedom.

Faith Commons

Faith Commons mission is to lift up faith voices in the public square for the common good. They do that by cultivating unexpected relationships through educational programs that inspire more people to participate in public life with mutual respect, hospitality, and generosity.

About the Freedom From Religion Foundation

The Freedom From Religion Foundation is a U.S.-based nonprofit dedicated to defending the constitutional principle of separation between state and church and educating the public on matters relating to nontheism.

About National Council of Jewish Women Dallas

National Council of Jewish Women (NCJW) Dallas is a grassroots organization of volunteers and advocates who turn progressive ideals into action. Inspired by Jewish values, NCJW strives for social justice by improving the quality of life for women, children, and families and by safeguarding individual rights and freedoms.

About Students Engaged in Advancing Texas

SEAT is a movement of young people developing transferable skills and demonstrating youth visibility in policymaking. Advocating for a seat at the table, SEAT is normalizing the presence of students in educational policymaking - nothing about us, without us.

Media Contact

Steve Feldman

Director of Strategic Communications

(732) 915-9676

smfeldman@urj.org

Additional Media Contacts

Karlee Marshall
BJC & Christians Against Christian Nationalism
kmarshall@bjconline.org
(580) 224-1817

Imelda Mejia
Texas Freedom Network
media@tfn.org 

Bee Moorhead
Texas Impact
bee@texasimpact.org 

Rev. Charles Foster Johnson
Pastors for Texas Children
johnson.cfj@gmail.com
(210) 379-1066

Kristi Gross
ACLU of Texas
media@aclutx.org 

Marco Guajardo
American Federations of Teachers-Texas
mguajardo@texasaft.org 

Moisés Serrano
Americans United
media@au.org

Amit Pal
Freedom From Religion Foundation
apal@ffrf.org 

Shannon Morse
National Council of Jewish Women (NCJW) Dallas
execdirector@ncjwdallas.org 

Cameron Samuels
Students Engaged in Advancing Texas (SEAT)
press@studentsengaged.org 

Governor Sarah Huckabee Sanders is holding the line on spending, except for vouchers, which h will get a big boost. About 85% of the students using vouchers never attended public schools, so Governor Sanders is handing out money to pay for students already enrolled in private and religious schools.

Poor people in Arkansas don’t get much help in the budget, but affluent families get tax cuts and vouchers to pay for private schools, religious schools, and home schools.

The Arkansas Times reports:

Arkansas lawmakers are set to convene April 8 to hash out next year’s state budget. In a Wednesday letter to lawmakers, Sanders said she’s proposing a 3% increase, a pretty standard figure on par with recent years.

But what’s going to be funded in this mostly flat spending plan, and what’s not? At first blush, it looks like well-to-do Arkansans are the big winners, cashing in on private school vouchers and more income tax cuts.

Sanders’ proposed 2026-27 budget, presented to lawmakers by Arkansas Department of Finance and Administration Director Jim HudsonWednesday morning, includes up to $379 million for the Arkansas LEARNS vouchers that parents who opt out of traditional public schools can tap to pay private school or homeschool expenses. That’s a big increase over the $187 million budgeted for vouchers last time.

The 2025-26 school year was the first in which all students in Arkansas were eligible for these vouchers, and the price tag keeps creeping higher. Ballooning costs are pretty much a given, based on what’s happened in other states that pioneered this tricky transfer of wealth from the poor and middle class to their wealthy overlords by paying fancy kids’ tony tuitions for them. Just ask Arizona and Florida

Lawmakers have made a number of adjustments and budget increases for LEARNS after voucher costs quickly exceeded the budgeted amount. In January, a legislative committee signed off on giving another $32 million in one-time reserve funds to Arkansas’s newly universal school voucher program, bringing its total cost in the current 2025-26 school year to $309.4 million, which covers more than 44,000 students. That $309 million is the base amount proposed for 2026-27, but Sanders’ budget proposes an extra $70 million for it, just in case.

Arkansas Advocates for Children and Families warned in January that vouchers are doing all the things opponents warned they would: creating new spending obligations for taxpayers to cover private school tuitions and other costs that were never on the public dime before; chipping away at public schools’ financial resilience; and generally busting budgets. 

These set-aside amounts that were incorporated into the state’s school voucher fund this year, and which are being teed up to be added next year to the tune of $70 million, look a lot like a trap. Last go-round, lawmakers approved about $187 million for vouchers, but then added another $122 million to the school voucher cause in piecemeal fashion over the course of the fiscal year, to ultimately spend $309 million. Now lawmakers are looking at $309 million as the floor for voucher spending for 2026-27, and will almost certainly throw in that set-aside $70 million, too (if not more). How many hundreds of millions more are we going to add in these payouts for the well-to-do each year, in slapdash fashion? Don’t say we didn’t warn you!

The 5th Circuit Court of Appeals ruled that the state of Louisiana can require every public school to post the Ten Commandments. This issue has been controversial in many states. The Ten Commandments is a specifically religious statement, and there are multiple versions of it among Christians and Jews. Some religions do not recognize the Ten Commandments.

Whenever religion is introduced into schools and other public places, the same problems arise. Whose religion will be taught? What about the rights of atheist families? it’s easy to forget that there are scores of different religions in the U.S., and each complains if the government honors one religion but not another.

The Louisiana Illuminator reported:

NEW ORLEANS — A federal appellate court has cleared the way for displays of the Ten Commandments in every Louisiana public school classroom, removing an order that stopped state officials from enforcing a law that requires them. 

In a decision issued Friday from its full roster of 18 judges, the U.S. 5th Circuit Court of Appeals reversed a June decision from a three-judge panel that determined the 2024 state law was “plainly unconstitutional” and upheld a preliminary injunction blocking enforcement of the law. Friday’s ruling lifts that injunction and allows the state to mandate all schools display the 10 Commandments in every classroom.” 

Five judges on the 5th Circuit dissented with the unsigned majority opinion that placed emphasis on not knowing exact details of what the displays would look like once placed in classrooms. Attorney General Liz Murrill has provided examples and guidance for displays to follow the law, but local school districts have authority to determine what they look like.

Without any context, appellate judges said in the opinion they were unwilling to rule based on conjecture. 

“It would oblige us to hypothesize an open-ended range of possible classroom displays and then assess each under a context-sensitive standard that depends on facts not yet developed and, indeed, not yet knowable,” the opinion reads. “That exercise exceeds the judicial function. guessing.”

The ruling stops short of declaring Louisiana’s law constitutional or saying it doesn’t violate the Establishment Clause of the First Amendment that prohibits a state-sanctioned religion.

However, in a concurring opinion, Judge James Ho, a federal court appointee of President Donald Trump in 2018, went further than the other judges in the majority. 

“In sum, the Louisiana Ten Commandments law is not just constitutional — it affirms our Nation’s highest and most noble traditions,” Ho wrote.

“Don’t kill or steal shouldn’t be controversial,” she said. “My office has issued clear guidance to our public schools on how to comply with the law, and we have created multiple examples of posters demonstrating how it can be applied constitutionally. Louisiana public schools should follow the law,” said Attorney General Liz Murrill.

Murrill issued a statement in response to the 5th Circuit ruling. Benjamin Aguiñaga, the state’s solicitor general, has argued the case before the 5th Circuit.  

The ACLU of Louisiana, which was among the groups representing plaintiffs in the case, is “exploring all legal pathways forward to continue the fight against this unconstitutional law,” executive director Alanah Odoms said in a statement through a spokesman.

The plaintiffs in the case, Roarke v. Brumley, are nine families who have children in public schools in five parishes — East Baton Rouge, Livingston, Orleans, St. Tammany and Vernon. Their views range from secular to religious, including Catholic, Presbyterian, Unitarian, Jewish and other faiths. They have argued the Protestant version of the Ten Commandments the legislature adopted for the classroom displays differs from the versions they follow.

Along with the ACLU, Americans United and the Freedom from Religion Foundation represented the plaintiffs and issued a joint statement in response to the 5th Circuit decision.

“Today’s ruling is extremely disappointing and would unnecessarily force Louisiana’s public school families into a game of constitutional whack-a-mole in every school district,” the statement reads. “Longstanding judicial precedent makes clear that our clients need not submit to the very harms they are seeking to prevent before taking legal action to protect their rights. But this fight isn’t over. We will continue fighting for the religious freedom of Louisiana’s families.”

Over the past few years, vouchers have been endorsed by state legislatures even though the public overwhelmingly opposes them. Nearly a score of state referenda have been held, and in every single state, voters rejected vouchers. Even voters in red states said NO to vouchers.

Voters don’t want to pay for tuition at private and religious schools. But legislators ignore their votes. In Arizona, voters rejected vouchers by 65-35%. But the legislature passed a voucher bill anyway, and the cost to subsidize these nonpublic schools is $1 billion a year.

Today’s evangelists for subsidizing religious schools have chosen to ignore the admonitions of the Founding Fathers, who made clear their opposition to state-funded religion. When Thomas Jefferson wrote about “separation of church and state,” he was referencing a widely held principle.

Josh Cowen recently wrote about this issue on his Substack blog:

Since the U.S. Supreme Court rolled back fifty years of national reproductive freedom in Dobbs v. Jackson Women’s Health Organization in 2022, the Christian Right has turned to another long-held priority: an eventual Court ruling that states must fund religious education.

Over the past few weeks, efforts to create religious charter schools have seen new life. Charter schools are public schools operated outside of the traditional district framework. They can be independently managed by a non-profit or, in some states, for-profit management group, or they can be part of larger networks of charter providers. There are roughy 8,000 charter schools across the country, serving nearly 4 million students.

Blurring Public and Private

In mid-2025, a case called St. Isidore of Seville Catholic Virtual School v. Drummond deadlocked at the Supreme Court, 4-4. It returned back to Oklahoma, where that state’s highest court had invalidated efforts by a Catholic-run provider to operate a virtual charter school. Had the Court ruled in St. Isidore’s favor, it would have effectively created the nation’s first church-run public school.

But Justice Amy Coney Barrett recused herself, reportedly because her best friend, a law professor named Nicole Garnett, had worked extensively on the legal defense for the Catholic charter school (Side note: while I’m glad Barrett recused herself, notice that the one conservative woman on the Court has held herself to a higher ethical standard than right-wing guys like Clarence Thomas and Sam Alito).

The Court’s 4-4 ruling was less a definitive position and more an artifact of the small, insular nature of conservative—and especially Catholic conservative—American legal networks.
Now, efforts to create a Jewish charter school in Oklahoma, and Christian public schools in Colorado and Tennessee are taking new shape.

Technically, these cases operate in a separate stream of legal theory from school voucher jurisprudence. Vouchers are simply taxpayer subsidies for private schools—either through the tax code or directly through state funds. And since 2002’s Zelman v. Simmons-Harris, their application to religious schools has been constitutional. Three voucher-related cases since 2017—Trinity Lutheran Church of Columbia v. Comer (2017), Espinoza v. Montana Department of Revenue (2020) and Carson v. Makin (2022, 3 days before Dobbs)—have extended protections to religious schools in state voucher systems.

Basically, once states use public dollars to subsidize private providers of a certain social service (such as education), they can’t limit those providers to non-religious organizations.

But for now, state’s don’t have to provide voucher funding to parents. It’s just that if they do fund vouchers, they must allow vouchers to be spent at religious schools too.

This connects to the question of religious charter schools because although charter schools are legally public entities, the organizations operating them in most cases are private. In theory, the arrangements governing these groups are similar to situations where a school district contracts with a private transportation company for their buses, or a cleaning company for their buildings. Except that with charter schools, the contracted party typically provides instructional materials and even often supplies the teachers.

What right-wing activists want is for the Supreme Court to say that states can’t prevent religious organizations from running public schools as part of a charter agreement
And in that, they are taking one tactical approach in a broader legal and political strategy to simply require states to fund religious instruction.

Establishment and Free Exercise

Spurred partly by new “education savings accounts” spreading in red states (aka vouchers, with additional allowable expenses beyond tuition), a vast network of conservative Christian homeschoolers is pushing for new legal rights. Including mandatory subsidies for their homeschools.

And Betsy DeVos, the billionaire and former U.S. Education Secretary, has made no secret of her desire to see the Supreme Court overturn more than a century of state “Blaine Amendments” prohibiting public dollars spent on religious schools. That would basically force all states to pay for some form of religious instruction.

All of this is possible in large part due to the efforts of Leonard Leo, the Catholic super-fixer of right-wing judicial politics all-but-responsible for the Court’s current conservative majority. Leo has made clear that following Dobbs, state-funded religious education is his next major project in the federal judiciary. And he’s enlisting the Alliance Defending Freedom (the main litigation group in Dobbs) to help lead the way. Beyond garden-variety culture warring, this is partly what the sustained effort to holler about LGBTQ and especially trans-students in public schools is about.

Meanwhile, brand new guidance from what’s left of the U.S. Department of Education is informing public schools across the country that federal dollars will now be tied to expansive interpretations of the right for school personnel to pray during the day in schools. So long as they do not technically compel students to pray at lunch or at the start of the school day, teachers and school leaders may choose to lead their students in prayer.

The end-game here is to de-emphasize the first part of the First Amendment—the Establishment Clause prohibiting government from establishing a single religion—and to emphasize the second part, the Free Exercise Clause.

The argument pushed by DeVos, Leo, ADF and their allies is that by providing taxpayer support only for secular public schools, states are putting undue hardship on families who see religious education as a fundamental part of their free exercise of faith but must pay out-of-pocket for it.

What’s at Stake

It’s possible—even necessary—to object to all this without attacking faith. I’m a Christian man myself, looking forward to the season of reflection of Lent that begins next week.

But church-based public schools are the plan on the Right. And although it’s mostly a battle that will take place in the courts, it’s also a battle that’ll take place in legislatures and in the court of public opinion. And those venues are determined by elections and by political organizing.

When I argue that Democrats have to get serious about improving public schools as part of defending public schools, I’m not just making an argument about campaign strategy (though I’m making that argument too).

What’s at stake here is that the American Right is obsessed with schools, and with carving more and more dollars out to subsidize religious education. And that’s going to be what happens without countering that objective with a bold, sustained vision for educational opportunity for every child.

Blogger Meg White posted on her WordPress blog (@reflectionsined) about Senator Bernie Sanders’ opposition to vouchers, which are overwhelmingly used by students who are already enrolled in private schools and are free to discriminate. The Trump administration has passed voucher legislation and is encouraging the spread of vouchers. In theory, vouchers enable poor students to transfer to better schools. In practice and in reality, vouchers are a subsidy for the rich.

Meg is an advocate for public schools and co-author of a valuable book about desegregation in New Orleans and how it affected one school: William Frantz Public School: A Story of Race, Resistance, Resiliency, and Recovery in New Orleans.

White writes:

Last week, Senator Bernie Sanders (D-VT) released a report that addresses the federal school voucher program. In the report, Sanders charges that “The Trump administration’s school privatization agenda threatens our nation’s public schools and harms working-class students, students with disabilities, and students from diverse religious backgrounds” (forbes.com). Sanders is a ranking member of the Health, Education, Labor, and Pensions Committee (HELP).

Sanders said, “President Trump and his billionaire campaign contributors have been working overtime to create a two-tier education system in America: private schools for the wealthy and well-connected and severely under-funded public schools for low-income and working-class students. That is unacceptable. This report makes clear that vouchers are being used to benefit private schools that reject students because they have a disability or because of their religion, and benefit some of the wealthiest families in America. Trump’s voucher program will only make a bad situation even worse (sanders.senate.gov).

The report analyzed state-level school voucher programs, including 111 SGOs and 1,600 voucher-accepting private schools across eleven states. 

The report finds that school voucher programs:

  • Subsidize private education for the rich. School vouchers, on average, cover just 39% of middle school private school tuition across the sampled states. Even with a private school voucher, tuition prices are often out of reach for working-class families, meaning that the vouchers function as a subsidy to the rich who can already afford to pay for private education.
  • Allow private schools to systematically deny admission to students with disabilities, limit how many students with disabilities they serve, only serve children with certain types of disabilities or charge extra tuition. While public schools must provide all students with the same opportunities to learn and excel, 48% of private schools analyzed in this report choose not to provide all students with disabilities with the services, protections and rights provided to those students in public schools under the IDEA.
  • Enable private schools to discriminate against students based on their religion. This report finds that despite the fundamental right of freedom of religion enshrined in our constitution, voucher programs benefit private schools that discriminate against students based on their religious beliefs. Specifically, 17% of private schools reviewed in this report charge different tuition rates based on the family’s religious beliefs.
  • Benefit private schools that lack basic credentialing, accountability and transparency requirements. Fewer than half of states reviewed require private schools to be accredited, while even fewer require student learning assessments. Unacceptably, only two states require teacher credentials in private schools receiving vouchers (sanders.senate.gov).

Bottom line, in my view, we should be strengthening and expanding public education, the foundation of American democracy, where Black and White and Latino, rich and poor kids come together in one room” rather than privatizing public education, Sanders said (k-12.com).

The report comes ahead of a HELP Committee hearing where Arizona Education Association President Marisol Garcia will testify about the harms of private school vouchers in her state, which has the nation’s largest universal school voucher program and is a cautionary tale for the rest of the nation. The state is now spending nearly $1 billion annually on private school vouchers, while public schools are being forced to shut down (sanders.senate.gov).Researchers found that the use of vouchers in Arizona is highest in affluent school districts, and lowest in poorer school districts. More than half of voucher students came from the wealthiest quarter of zip codes in the state, with median incomes ranging from $81,000 to $178,000. Most of those students have never attended public schools (azmirror.com).

After Florida cleared the way in 2023 for any family in the state to get a taxpayer-funded school voucher regardless of income, students signed up in droves. Enrollment in the voucher program has almost doubled to half a million children. But by the end of the 2024-25 school year, the program cost $398 million more than expected. When students switched between public schools and voucher-funded programs, tax dollars did not move with them as lawmakers had promised. “On any given day, Florida’s education department did not know where 30,000 students were going to school and could not account for the $270 million in taxpayer funds it took to support them, according to the state Senate Appropriations Committee on Pre-K-12 Education” (msn.com). in 2023, of the 122,895 new students who signed up for vouchers, 69% (84,505) were already in private school, 13% (16,096) came from public schools, and the remainder were new kindergarteners (ncpecoalition.org).

According to the Arkansas Department of Education, 95% of the participants in the state’s universal voucher program had never attended public schools before receiving a voucher  (ncpecoalition.org).

Most students in Indiana’s voucher program come from well-off families. During the 2022-2023 school year, voucher recipients were more likely to come from families that made more than $100,000 per year than families that made less than $50,000 per year (the74million.org).

Since Ohio expanded its voucher program to wealthy families, the percentage of low-income students using vouchers in Cleveland fell from 35% to 7%. Now, most Ohio voucher students did not attend public schools before they took a voucher: the percentage of voucher students statewide who had already attended a private school in the year prior jumped from 7% in 2019 to almost 55% in 2023 (ncpecoalition.org).

State-provided data shows that about two-thirds of students receiving vouchers in Iowa’s new statewide program were already attending private schools before getting taxpayer money for tuition. Only about 13% of voucher recipients had ever previously attended a public school (ncpecoalition.org).

Savannah Newhouse, Department of Education Press Secretary commented, “Opponents of President Trump’s Education Freedom Tax Credit are quick to lecture about equity and fairness, but they’re fighting to keep families trapped in failing government-run schools and environments that don’t meet kids’ needs. The reality is this historic tax credit, funded entirely from private philanthropic dollars, puts parents in the driver’s seat—supporting scholarships that can be used for tutoring at public schools, tuition, and essential services for students with disabilities. Expanding school choice levels the playing field so that every family, no matter their income or needs, can better prepare their child for success”(forbes.com).

Sure, because it’s working so well.

Public Schools in the U.S. educate 90% of the children. Strengthening and supporting public education is essential to maintaining a fair and equitable society. As Sanders’ report illustrates, universal voucher programs serve as a taxpayer-funded subsidy for the wealthy, leaving working-class families behind. Diverting billions of dollars to unregulated private schools not only creates massive budget shortfalls but also destabilizes neighborhood schools that serve the vast majority of American children.

These are my reflections for today.

If you like what you’re reading, consider sharing and following my blog via email.

@reflectionsined

Garry Rayno of InDepthNH keeps a close watch over the legislature in New Hampshire. He is particularly interested in the state’s relatively new voucher plan. It was sold, as usual, as a plan to help poor kids “escape failing schools.”

That wasn’t what happened.

Predictably, the legislature removed income limits and the program now subsidizes affluent families whose children never went to public school.

The program this year will cost $51.6 million. Almost $50 million goes to students already enrolled in private or religious schools.

Meanwhile, the funding for vouchers is drawn from the state’s Education Trust Fund, which was intended for public schools. That means the subsidy for nonpublic schools comes right out of the public schools’ budget, with no tax increases to compensate public schools. The vast majority of New Hampshire’s students are now subsidizing the nonpublic schools.

There is a new regime at the Department of Education that has released more than the most basic information about the Education Freedom Account program.

For the program’s first four years, the department released spreadsheets detailing the numbers of students, where they live and how much each student received in grants with a total cost of the program and the quarterly state distributions to cover those grants.

The money does not really go to the parents, its goes to the Children’s Scholarship Fund NH, which takes its cut and sends the rest in the child’s name to ClassWallet, a company that received early stage investments twice from the Chinese-based venture capital firm Sinovation Ventures.

A 2018 Defense Department report flagged the company as participating in China’s “technology transfer strategy,” a state initiative to acquire foreign innovation.

Several states that also use ClassWallet for voucher money distribution have raised concerns about data security and foreign influence like Arizona and Missouri, but not New Hampshire, although Gov. Kelly Ayotte issued Executive Order 2025-04 which would appear to prohibit doing  business with a company with investors like ClassWallet.

ClassWallet does not technically work for the state, but it was hired by a state contractor, Children’s Scholarship Fund of NH, which administers the EFA program.

How many parents of EFA students would want their education spending data potentially accessed by a foreign country like China?

That information is not what was released late last month by the Department of Education, but is easily found with a Google Search, which ironically also brings up that Sinovation Ventures was co-founded by former China Google President Kai-Fu Lee.

The information released last month provides far greater detail than released under former DOE Commissioner Frank Edelblut, who kept the program’s details out of the public’s eye, such as where the money went and if the children’s foundation was carefully vetting income levels and other requirements to access additional grant money.

A small sample compliance report by the now long gone DOE overseer of the EFA program, indicated it was not following guidelines.

The 100 applications sampled for the report over the first two years of the program had a 25 percent error rate that resulted in a rebate to the state for only those applications improperly approved not for 25 percent of the program’s costs.

One of the biggest criticisms of the program is that very few of the students using the state’s money are actually leaving public schools to join the program. Instead the vast majority of the students using EFAs were already in religious or private schools or homeschooled when their parents applied to participate in the state-funded program that draws its funding from the Education Trust Fund, which also pays for the bulk of state aid to public schools, no matter how meager compared to every other state in the country.

This year the program is projected to cost $51.6 million and will cost an additional $61.9 million next year, totaling $113.5 million for biennium, which makes it $26.7 million over budget.

And if you read the fine print of the data released last month, only $1.68 million on the low end, to $4.42 million on the high end for this school year, and $2.52 million if you use the four-year average is going to kids who were not in public schools when they joined the program out of the $51.6 million for this school year.

The data from the DOE notes that for the current school year only 343 students left public schools to join the program whose enrollment is now 10,510 students, which is nearly double what it was last year before the Republican-controlled legislature removed any earnings cap for the program.

That 3.26 percent of the students is the low end of the estimate above, and if you use the number of new students this year compared to last school year, which is 4,745, the new students from public schools is 7 percent and the high figure.

If you add the kids leaving public schools for the last four years, the number is 1,162 which compared to enrollment over those four years of 23,937 and the number is the four-year average.

That means state taxpayer money going to support students who were not in public schools when they joined the EFA program for this school year would be between $49.92 million and $47.18 million.

That is money the state was not paying to educate these kids because they were in religious or private schools or homeschooled and not supported by state dollars.

In essence that is a new education cost for the state, but no new taxes, or fees or anything was created to pay for it.

Instead, it is money drawn from the Education Trust Fund which was established after the Claremont education decisions to support public education.

As Rayno writes: For those receiving the money on the upper end of the income scale, the little less than $5,000 grant average is a subsidy that allows another ski trip to Aspen or Tahoe this winter.

So when lawmakers say the state doesn’t have the money to increase its share of public education costs, it really means “we do not want to increase the state’s share, but we are OK subsidizing religious and private schools and homeschooling.”

For those receiving the money on the upper end of the income scale, the little less than $5,000 grant average is a subsidy that allows another ski trip to Aspen or Tahoe this winter.

But the above figures are probably a little generous because they do not account for the kids who joined the EFA program from public schools and then returned to public schools either before or after one year.

Data released by the department indicates that last school year, 101 of the former public school students who switched to the EFA program, re-enrolled in public schools.

For the 2023-2024 school year, 75 EFA students returned to public schools, and for the 2022-2023 school year, 38 re-enrolled in public schools.

But those are not the only ones leaving the EFA program every year.

It also does not include EFA students who either graduated or completed their course of instruction that school year or left for unexplained reasons.

For the 2024-2025 school year, 151 EFA students left the EFA program because they graduated or completed their course of study along with the 101 who returned to public schools, and the 887 who left for unexplained reasons.

The total number of students leaving the program that school year was 1,139 or 21 percent of the total EFA enrollment for the year. 

For the 2023-2024 school year, 108 students either graduated or completed their course of study, with the 75 who returned to public schools, and 525 who left for unexplained reasons.

The total number of students leaving the EFA program that school year were 708, or 19 percent of the total EFA enrollment.

For the 2022-2023 school year, 76 students graduated or completed their course of studies, along with the 38 who re-enrolled in public schools and the 344 who left for unexplained reasons.

The total number of students leaving the program was 458 students or 15 percent of the enrollment that year.

Total students leaving over the three-year period was 2,305 from a total three-year enrollment of 12,557 or 18.4 percent.

What would we say about a dropout rate of nearly 20 percent if it were a public school? 

This is not the widely successful program its advocates tout on the floor of the House and Senate and does not save school districts the amount of money Edelblut used to claim because more than 90 percent of the students in the program were not in public schools, but he counted them as savings to school districts.

This program is not serving the children of low-income parents who want an alternative to public schools, but those parents who can already afford to pay for their children to attend those alternatives without the state’s taxpayers’ help.

That is not government helping the most vulnerable, it is Robin Hood in reverse, a system New Hampshire knows very well.

Garry Rayno may be reached at garry.rayno@yahoo.com.

You knew that when the U.S. Supreme Court turned down a request from Oklahoma to approve a religious charter school, there would be more requests in the pipeline. Oklahoma was rejected by a 4-4 vote only because Justice Amy Coney Barrett recused herself, because of her friendship with one of the lawyers for the online Catholic school.

Recently, as I reported, Oklahoma returned with a proposal for an online Jewish charter school, a Ben Gamla charter. The entire state of Oklahoma has a population of only 9,000 Jews. They are not requesting a Jewish school, but an entrepreneur connected to a Florida for-profit charter chain is.

Religious charter schools are a big problem for the national charter lobby. They say that charter schools are “public” schools. The advocates for religious charter schools say they are not public schools. They are specifically religious schools.

The 74 reported the latest proposal:

When the U.S. Supreme Court deadlocked this year in a case over whether charter schools can be religious, experts said it wouldn’t take long for the question to re-emerge in another lawsuit.

They were right.

In Tennessee, the nonprofit Wilberforce Academy is suing the Knox County Schools in federal court because the district refuses to allow a Christian charter school. Attorney General Jonathan Skrmetti is on the school’s side. He issued an opinion last month that the state’s ban on religious charter schools likely violates the First Amendment. 

“Tennessee’s public charter schools are not government entities for constitutional purposes and may assert free exercise rights,” he wrote to Rep. Michele Carringer, the Knoxville Republican who requested the opinion. 

The legal challenge in Tennessee comes as a Florida-based charter school network prepares to submit an application to the Oklahoma Charter School Board for a Jewish virtual charter high school. Peter Deutsch, the former Democratic congressman who founded the Ben Gamla charter schools, began working on the idea long before the case over St. Isidore of Seville Catholic Virtual School even went to court. The 4-4 tie in May means that an Oklahoma Supreme Court decision blocking the school from receiving state funds still stands. 

The National Ben Gamla Jewish Charter School Foundation runs a network of Hebrew language charter schools in Florida. Now it wants to open a virtual religious charter school in Oklahoma. (Ben Gamla)

“The prior decision shows that there’s an open question here that needs to be resolved,” said Eric Baxter, vice president and senior counsel at Becket Fund for Religious Liberty, a law firm representing the National Ben Gamla Jewish Charter School Foundation. “We hope the court will get it right this time. We hope the federal courts get it right without having to go to the Supreme Court.”

Idaho also confronted the issue earlier this year. The state’s first charter, Brabeion Academy, initially promoted the school as Christian. But it was approved in August as a nonreligious school and will open as such next fall. Related‘A Day to Exhale’: Supreme Court Deadlocks on Religious Charter Schools — For Now

Deutsch, Skrmetti and other supporters of faith-based charter schools base their argument on three earlier Supreme Court rulings allowing public funds to support sectarian schools. They say that excluding religious organizations from operating faith-based charter schools is discrimination and violates the Constitution. But leaders of the charter sector and public school advocates argue that classifying charter schools as private would threaten funding and civil rights protections for 3.7 million students nationwide…

To Oklahoma Attorney General Gentner Drummond, the debate is settled, for now. In November, he said his office would “oppose any attempts to undermine the rule of law.” 

Americans United, which advocates for maintaining church-state separation, has also issued a warning over the new school. The organization represented parents and advocates in a separate case over the school. 

“Religious extremists once again are trying to undermine our country’s promise of church-state separation by forcing Oklahoma taxpayers to fund a religious public school. Not on our watch,” Rachel Laser, president and CEO, said in a press release….

The demand for a Jewish charter school would be much higher in Florida, which has an estimated Jewish population of nearly 762,000, compared with about 9,000 in Oklahoma. 

Please open the link to continue reading the article.