Archives for category: Separation of church and state

Glenn Rogers is a veterinarian and a rancher who lives in Graford, Texas. In addition to his duties as a vet and a rancher, he served on the school board of the Graham Independent School District. He was elected to represent District 60 in the Texas Legislature in 2021. He is a conservative, and he tries to represent his rural constituents faithfully. They don’t want vouchers. They want more funding for their local public schools and higher salaries for their teachers. People know their teachers. The teachers know their students and their families. The public schools are important for the local economy. The tradition of Friday night high school football games unifies the community; it’s known as “Friday night lights.”

When Representative Rogers voted against vouchers along with other rural Republicans, Governor Abbott unleashed an advertising blitz against them. The ads accused them of being “weak on security,” which was a lie. Money from billionaires poured into the district to smear Rep. Rogers. He lost.

Rep. Rogers released this statement, which was published in The Weatherford Democrat:

“I’ll Wear No Man’s Collar”

-Davy Crockett

First, I want to thank my supporters, those who voted for me and those who supported me prayerfully, financially, and in so many other ways. It has been the greatest honor to serve this district.

The corruption that exists at the highest level of Texas state government would have made Governor “Pa” Ferguson blush.

Governor Greg Abbott has defiled the Office of Governor by creating and repeating blatant lies about me and my House colleagues, those who took a stand for our public schools. I stood by the Governor on all his legislative priorities but just one, school vouchers. For just one disagreement, and for a $6 million check from Jeff Yass, a Pennsylvanian TikTok investor, and voucher vendor, Abbott went scorched earth against rural Texas and the Representatives who did their jobs-representing their districts.

My tenure in the Texas House included two general sessions, seven special sessions, redistricting, Covid, winter storm Uri, a Democrat quorum break, expulsion of a House member and the impeachment of Ken Paxton. It also includes a litany of conservative victories that made Texas safer, reigned in out-of-control government bureaucracy, lessened what had become a crushing tax burden on our families and businesses, and fostered economic growth.

I am not a good politician. I am just a Texas rancher who wanted to make a difference in my community. Who knew this simple mission would have resulted in three brutal campaigns?

Throughout my three campaigns, because of my unwillingness to be compliant with the two billionaire, “Christian” Nationalist, power brokers that run this state, I have been unmercifully slandered through the politics of unwarranted personal destruction on social media, radio, post mail, streaming sites, and cable television.

In my first race the opposition was the Wilks, Tim Dunn, Empower Texans, and the entire enterprise of dozens of PACs and “non-profits” they financed. The race ended in a hard fought Covid-delayed runoff victory against Farris Wilks’ son-in-law.

In my second race, my opposition was Wilks and Dunn, Empower Texans (rebranded to Defend Texas Liberty), and the Voucher Lobby, including the American Federation for Children and the School Freedom Fund (based in Virginia). In that race, we dealt with a runoff and an expensive, unnecessary recount.

In my third race the opposition was all the above, but now included a rebranded Defend Texas Liberty (Texans United for a Conservative Majority), vastly greater money from the Voucher Lobby, and Governor Greg Abbott.

This time the millions of dollars spent spreading lies about my record and the non-stop false impugning of my integrity were just too much to overcome. The real losers in this race are:

1) Texas public schools;

2) Rural Texas; and

3) Representative Government.

This morning, I have no regrets. I believe in the words of Sam Houston, “Do right and risk the consequences.”

History will prove Ken Paxton is a corrupt, sophisticated criminal. History will prove vouchers are simply an expensive entitlement program for the wealthy and a get rich scheme for voucher vendors. History will prove Governor Greg Abbott is a liar.

History will prove that our current state government is the most corrupt ever and is “bought” by a few radical dominionist billionaires seeking to destroy public education, privatize our public schools and create a Theocracy that is both un-American and un-Texan.

May God save Texas!

[Editors Note: the Wilks brothers and Tim Dunn are oil-and-gas billionaires who are evangelical Christians; they want vouchers, and they use their money to control state government. Ken Paxton is the State Attorney General who was impeached by the Texas House of Teprrsentatibes on multiple charges of corruption, based on whistleblower reports from his own staff. After Paxton’s billionaire friends came to the rescue, giving a campaign contribution of $2 million to Lt. Gov. Dan Patrick, who conducted the trial in the Srnate, Paxton was acquitted. In this week’s election, Attorney General Paxton and his wealthy friends ousted legislators and judges who tried to hold him accountable.]

Jan Resseger reports that the wild expansion of vouchers in Ohio has worked as predicted: they confer public money on students who already attend private and religious schools. They do not benefit children who are poor. The claim that they would “help poor children escape failing schools” was a hoax.

Maybe voucher advocates believed it thirty years ago, when no one knew how vouchers would work. But now we know. The evidence from every state with vouchers shows the same result: the overwhelming majority of vouchers are used by students who never attended public schools. The more states expand vouchers, the more they subsidize affluent families. And the poor kids who take vouchers fall behind their peers in public schools.

She writes:

The Cleveland Plain Dealer placed Laura Hancock’s expose about Ohio’s wildly expanded school voucher program on the front page above the fold in Sunday’s paper. It is good to see this dangerous threat to public schooling—inserted into the state budget with minimal public discussion—receiving the attention it deserves.

Hancock’s message? Ohio isn’t helping poor kids in public schools, the original promise of Ohio’s first voucher program in Cleveland in the 1990s. Instead, the new vouchers are a gift to middle income and wealthy families whose children are already enrolled in private and parochial schools:

“The number of Cuyahoga County students (students in greater Cleveland) receiving state-funded scholarships to attend private schools has skyrocketed this year after state lawmakers expanded a voucher program, but state data suggests that doesn’t necessarily mean more kids have opted out of public schools. Across the county’s 31 districts, the number of students receiving tuition payments in the EdChoice-Expansion scholarship… has increased nearly four-fold, from 2,500 students last year to nearly 9,200 this year. Those districts, however, have not seen a corresponding loss in student population, indicating that most of the families newly benefiting from the vouchers were already enrolled in private schools rather than fleeing a school district.”

Hancock profiles, for example, three of Cleveland’s middle and upper income suburbs where the vouchers now serve as a tuition-reimbursement entitlement for families of students already paying private school tuition: “Enrollment in Rocky River City School District fell by just 22 students between last year and this year, even though the number of kids receiving vouchers shot up from 16 to 309. In Bay Village City School District, there are 30 fewer students despite a voucher jump from 13 to 229. Westlake City School District has 19 fewer students; vouchers in the district spiked from 41 to 581.”

Hancock lists the ten Ohio public school districts with the largest growth in students accepting a voucher under Ohio’s huge expansion of school vouchers this year.  Three are exurbs of Cleveland; one is a shared exurb of Cleveland and Akron; one is an exurb of Akron; one is an exurb of Columbus, and four are exurbs of Cincinnati. In every one of these districts, according to data from the Ohio Department of Education, the median income is far above the state’s median of $41,132.59. In Indian Hill, a Cincinnati suburb, the median income is $96,508.50. Median income in Hudson, part of suburban Cleveland and Akron, is $82,183.00, and in Olentangy, a Columbus exurb, median income is $79,892.50.

Why are the ten school districts with so many students taking vouchers for the first time all wealthy suburbs? Hancock explains: “because the legislature… removed income eligibility caps for EdChoice-Expansion. Last year, the cap was 250% of the federal poverty level for a scholarship, or $75,000 for a family of four. Now there are no income caps, although families only get partial scholarships when they earn above 450% of the poverty level, or above $135,000 for a family of four.”

Hancock adds that the state is giving away a whole lot of money in each voucher: $6,167 for grades K-8 and $8,407 for grades 9-12. Thomas S. Poetter, a professor at Miami University of Ohio, who recently edited the new Vouch for This!, adds that the vouchers are worth more than the state school funding formula has established as the base cost public schools are expected to spend per student—the amount that includes the state and local contributions required by the school funding formula. Poetter writes: “(T)he fact remains that the state will be spending more per pupil on individual children in private high schools with its voucher program… than it will for individual public school students across the state… That has been the case for nearly the entire life of the EdChoice ‘Scholarship’ program (it’s a voucher program) but it really hits home with the high figures coming at us in the new budget. And just think of all that could be done in our public schools to better our offerings… if we weren’t sending more than $1 billion a year into private hands to be used in ways that none of us would ever approve of in public education….” (Vouch for This!, pp. 130-131)

Hancock quotes Troy McIntosh from the Ohio Christian Education Network and the Center for Christian Virtue enthusing about the new voucher expansion. She quotes Senator Andy Brenner, Chair of the Ohio Senate Education Committee, explaining that families ought to get the vouchers because they are paying taxes and therefore ought to get a personal reward for their children. She adds that after the voucher expansion, “the Catholic Diocese of Columbus is looking to potentially build schools in areas that currently don’t have a Catholic school.”

Hancock’s article omits one urgently important issue with Ohio’s new voucher expansion: over half the state’s counties are rural and entirely lack a private school where students might potentially carry a voucher. The expansion of private school tuition vouchers will shift the distribution of money from the state’s school foundation budget away from the state’s rural school districts because private school tuition vouchers can be used only by students in areas where private schools exist—places with larger and more concentrated populations.  In a report last year for the Ohio League of Women Voters (You should scroll down and then download report.), Susan Kaeser explains: “Most of the public school population is concentrated in Ohio’s 8 largest urban counties, and so is the private school population. The 8 largest counties have 46% of the public school population and 71% of the private school students…  Public education is the only consistently available education choice in Ohio’s 46 small counties, those with less than 8,000 public school students… Private schools across these 46 counties serve a total of only about 7,000 students.” “Rural taxpayers underwrite private choice in the state—but not where they live.”

Hancock reminds readers that “over 130 public school districts… are suing the state over the constitutionality of the vouchers.”  Coincidentally on Sunday, the Plain Dealer also published a commentary by William Phillis, Executive Director of the Ohio Coalition for Equity and Adequacy of School Funding, which is a co-plaintiff with the public school districts in the Vouchers Hurt Ohio lawsuit.  Phillis provides the history, beginning in 1819, of Ohio’s efforts to establish and support public education.  Our system of public common schools, Phillis reminds us, is protected by the language of the 1851 Ohio Constitution in Article VI, section 2: “Convention delegates crafted language that required the legislature to secure, by taxation, a thorough and efficient system of common schools and clarified that religious sects or other sects shall not control any part of school funds of the state.”

The school voucher explosion for the wealthy that was slipped into Ohio’s FY 2024-2025 state budget last summer epitomizes what we were warned about last year in the conclusion to The School Voucher Illusion, edited by experts Kevin Welner, Gary Orfield, and Luis A. Huerta and published by the Teachers College Press: “As currently structured, voucher policies in the United States are unlikely to help the students they claim to support. Instead, these policies have often served as a facade for the far less popular reality of funding relatively advantaged (and largely White) families, many of whom already attended—or would attend—private schools without subsidies. Although vouchers are presented as helping parents choose schools, often the arrangements permit the private schools to do the choosing… Advocacy that began with a focus on equity must not become a justification for increasing inequity. Today’s voucher policies have, by design, created growing financial commitments of taxpayer money to serve a constituency of the relatively advantaged that is redefining their subsidies as rights—often in jurisdictions where neighborhood public schools do not have the resources they need.” (The School Voucher Illusion: Exposing the Pretense of Equity, p. 290)

Nebraska will have a voucher referendum this fall unless courts keep them off the ballot. Friends of public schools gathered way more than enough signatures to get a state referendum. The top state election official certified that they met the qualifications.

But Republican leaders are desperate to kill the referendum because they know it will pass. NO VOUCHER REFERENDUM HAS EVER PASSED.

Nebraska’s top election official has ruled that voters will get to decide this year whether to repeal a law that gives taxpayer money for private school scholarships. 

But both Nebraska Secretary of State Bob Evnen and state Sen. Lou Ann Linehan, who authored the school choice law and sought to have the repeal effort kept off the ballot, acknowledge that the courts will likely ultimately decide if the repeal question makes it onto November’s ballot.

Evnen said in a news release late Thursday that he consulted state law and previous state attorney general opinions before concluding that the referendum question is legal and will appear on the November ballot “unless otherwise ordered by a court of competent jurisdiction.”

Cameron Vickrey is a pastor in Texas who works as communications director for Fellowship Southwest. Her father was a pastor, her husband is a pastor, and she believes in public schools. This idea of adding pastors as mental health counselors is catching on in the South. At the moment, the Florida legislature is discussing the idea, as are other states. It’s one more way to erode the line between church and state. Will schools have pastors for every sect? Imams? Rabbis? What about the students who are atheists? Will they be denied counseling?

Cameron Vickrey wrote against this idea for the San Antonio Express-News

The deadline looms. Every public school district in Texas has been given until March 1 to choose between what seems to be two options for the role of chaplains in their  schools. 

But many are finding their way forward with a third way. This third way might at first seem like a people-pleasing, nondecision that avoids conflict and ignores the issue, but there’s wisdom in it.

In the regular session of the Texas Legislature last spring, lawmakers made several attempts to incorporate additional religious expression into public schools. Most of those efforts, like posting the Ten Commandments in every classroom and instituting a period for prayer and Bible study, failed. But SB 763 became law.

The chaplain bill, as it is known, requires school districts to choose whether they will allow paid or volunteer chaplains to serve students in public schools.

The National School Chaplain Association advocated for this legislation to fill a self-proclaimed need for more counselors in public schools to meet the mental health needs of students.

Not coincidentally, the leader of this association runs another organization,  Mission Generation. Mission Generation hopes to have 100 million people in discipleship with Jesus Christ by 2025 by offering school chaplain programs in public schools. So while it’s clearly not a way to meet mental health needs, at least not a safe way, it may very well be a way to turn schools into mission fields.

With all the political rhetoric about public schools being godless or hostile to religion, you might be surprised at how much leeway is given for religious expression.

So, back to our options, which  conventionally have been viewed as two: Either, yes, we will allow paid and/or volunteer chaplains to serve as counselors;  or, no, we will not. The Legislature is forcing school boards to take sides, inviting  further polarization. It sets the stage for activists to enter school districts and accuse board members on either side of the issue of bending to political will.

Under the Constitution, students are free to pray in school. They can wear religious clothing and accessories. They can share their faith with other students. They can read Scripture. Teachers, too, can discuss religion in class from an academic or objective perspective. And religious groups have the right to meet on campus outside of school.

There will be a public record of how each trustee of Texas’s 1,200 districts voted. Which side will they choose? Will they go on record supporting evangelistic efforts in public schools or not? It’s a political pickle.

Enter the third way: Avoid taking sides by passing a resolution affirming a current volunteer policy that doesn’t discriminate against chaplains.

My initial beef with this option is rooted in these districts’ unwillingness to stop the intrusion of religious influence into public schools. But I’m starting to like it. Finding a workaround to the Legislature’s demands is deliciously subversive. By refusing to play their game, these school boards are protecting their districts from political polarization, which is the biggest problem facing public education today.

I heartily commend those school boards that have rejected SB 763, including a majority of those in Bexar County. These districts have made sure the religious liberty of all students will continue to be protected from those who confuse schools with churches.

My kids’ district, North East ISD, has not yet voted. It is in an interesting position since the passing of trustee Terri Williams last fall has resulted in the potential for an evenly split vote. I urge the NEISD school board to protect our students from religious overreach. I believe they will, whether that comes in the form of a complete rejection of SB 763 or the subversive third way.

And if I’m totally surprised and they approve a chaplaincy program, well, that’s what elections are for.

Heather Cox Richardson put the Alabama court decision declaring embryos to be children into historical context. The Founders did not want the nation to be controlled by theocrats. They understood the importance of separating church and state. That separation was and is important for the protection of the church from the state and for the protection of the state from the church.

She writes:

The Alabama Supreme Court on February 16, 2024, decided that cells awaiting implantation for in vitro fertilization are children and that the accidental destruction of such an embryo falls under the state’s Wrongful Death of a Minor Act. In an opinion concurring with the ruling, Chief Justice Tom Parker declared that the people of Alabama have adopted the “theologically based view of the sanctity of life” and said that “human life cannot be wrongfully destroyed without incurring the wrath of a holy God.”

Payton Armstrong of media watchdog Media Matters for America reported today that on the same day the Alabama decision came down, an interview Parker did on the program of a self-proclaimed “prophet” and Q-Anon conspiracy theorist appeared. In it, Parker claimed that “God created government” and called it “heartbreaking” that “we have let it go into the possession of others.” 

Parker referred to the “Seven Mountain Mandate,” a theory that appeared in 1975, which claims that Christians must take over the “seven mountains” of U.S. life: religion, family, education, media, entertainment, business…and government. He told his interviewer that “we’ve abandoned those Seven Mountains and they’ve been occupied by the other side.” God “is calling and equipping people to step back into these mountains right now,” he said. 

While Republicans are split on the decision about embryos after a number of hospitals have ended their popular IVF programs out of fear of prosecution, others, like Republican presidential candidate Nikki Haley agreed that “embryos, to me, are babies.” 

House speaker Mike Johnson (R-LA) identifies himself as a Christian, has argued that the United States is a Christian nation, and has called for “biblically sanctioned government.” At a retreat of Republican leaders this weekend, as the country is grappling with both the need to support Ukraine and the need to fund the government, he tried to rally the attendees with what some called a “sermon” arguing that the Republican Party needed to save the country from its lack of morality.

As Charles Blow of the New York Times put it: “If you don’t think this country is sliding toward theocracy, you’re not paying attention.”

In the United States, theocracy and authoritarianism go hand in hand. 

The framers of the Constitution quite deliberately excluded religion from the U.S. Constitution. As a young man, James Madison, the key thinker behind the Constitution, had seen his home state of Virginia arrest itinerant preachers for undermining the established church in the state. He came to believe that men had a right to the free exercise of religion. 

In 1785, in a “Memorial and Remonstrance against Religious Assessments,” he explained that what was at stake was not just religion, but also representative government itself. The establishment of one religion over others attacked a fundamental human right—an unalienable right—of conscience. If lawmakers could destroy the right of freedom of conscience, they could destroy all other unalienable rights. Those in charge of government could throw representative government out the window and make themselves tyrants.

In order to make sure men had the right of conscience, the framers added the First Amendment to the Constitution. It read: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof….” 

Madison was right to link religion and representative government. In the early years of the nation, Americans zealously guarded the wall between the two. They strictly limited the power of the federal government to reflect religion, refusing even to permit the government to stop delivery of the U.S. mails on Sunday out of concern that Jews and Christians did not share the same Sabbath, and the government could not choose one over the other. The Constitution, a congressional report noted, gave Congress no authority “to inquire and determine what part of time, or whether any has been set apart by the Almighty for religious exercises.”   

But the Civil War marked a change. As early as the 1830s, southern white enslavers relied on religious justification for their hierarchical system that rested on white supremacy. God, they argued, had made Black Americans for enslavement and women for marriage, and society must recognize those facts.

A character in an 1836 novel written by a Virginia gentleman explained to a younger man that God had given everyone a place in society. Women and Black people were at the bottom, “subordinate” to white men by design. “All women live by marriage,” he said. “It is their only duty.” Trying to make them equal was a cruelty. “For my part,” the older man said, “I am well pleased with the established order of the universe. I see…subordination everywhere. And when I find the subordinate content…and recognizing his place…as that to which he properly belongs, I am content to leave him there.” 

The Confederacy rejected the idea of popular government, maintaining instead that a few Americans should make the rules for the majority. As historian Gaines Foster explained in his 2002 book Moral Reconstruction, which explores the nineteenth-century relationship between government and morality, it was the Confederacy, not the U.S. government, that sought to align the state with God. A nation was more than the “aggregation of individuals,” one Presbyterian minister preached, it was “a sort of person before God,” and the government must purge that nation of sins.

Confederates not only invoked “the favor and guidance of Almighty God” in their Constitution, they established as their motto “Deo vindice,” or “God will vindicate.”

The United States, in contrast, was recentering democracy during the war, and it rejected the alignment of the federal government with a religious vision. When reformers in the United States tried to change the preamble of the U.S. Constitution to read, “We, the people of the United States, humbly acknowledging Almighty God as the sources of all authority and power in civil government, the Lord Jesus Christ, as the Ruler among nations, and His revealed will as of supreme authority, in order to constitute a Christian government, and in order to form a more perfect union,” the House Committee on the Judiciary concluded that “the Constitution of the United States does not recognize a Supreme Being.” 

That defense of democracy—the will of the majority—continued to hold religious extremists at bay. 

Reformers continued to try to add a Christian amendment to the Constitution, Foster explains, and in March 1896 once again got so far as the House Committee on the Judiciary. One reformer stressed that turning the Constitution into a Christian document would provide a source of authority for the government that, he implied, it lacked when it simply relied on a voting majority. A religious amendment “asks the Bible to decide moral issues in political life; not all moral questions, but simply those that have become political questions.” 

Opponents recognized this attempt as a revolutionary attack that would dissolve the separation of church and state, and hand power to a religious minority. One reformer said that Congress had no right to enact laws that were not in “harmony with the justice of God” and that the voice of the people should prevail only when it was “right.” Congressmen then asked who would decide what was right, and what would happen if the majority was wrong. Would the Supreme Court turn into an interpreter of the Bible?

The committee set the proposal aside. 

Now, once again, we are watching a minority trying to impose its will on the majority, with leaders like House speaker Johnson noting that “I try to do every day what my constituents want. But sometimes what your constituents want does not line up with the principles God gave us for government. And you have to have conviction enough to stand [up] to your own people….”

Christian Nationalists are already preparing for their roles in a second Trump administration. It is ironic that the religious zealots cluster around one of the most non religious figures in American life. I recall an anecdote from the book by Trump’s “fixer”Michael Cohen, when a group of evangelical Christians meets with Trump and lay their hands on him, all together. When the earnest group leaves, Trump laughs with Cohen. They both know that he’s a master con man, and he conned them.

Politico writes:

An influential think tank close to Donald Trump is developing plans to infuse Christian nationalist ideas in his administration should the former president return to power, according to documents obtained by POLITICO.

Spearheading the effort is Russell Vought, who served as Trump’s director of the Office of Management and Budget during his first term and has remained close to him. Vought, who is frequently cited as a potential chief of staff in a second Trump White House, is president of The Center for Renewing America think tank, a leading group in a conservative consortium preparing for a second Trump term.

Christian nationalists in America believe that the country was founded as a Christian nation and that Christian values should be prioritized throughout government and public life. As the country has become less religious and more diverse, Vought has embraced the idea that Christians are under assault and has spoken of policies he might pursue in response.

One document drafted by CRA staff and fellows includes a list of top priorities for CRA in a second Trump term. “Christian nationalism” is one of the bullet points. Others include invoking the Insurrection Act on Day One to quash protests and refusing to spend authorized congressional funds on unwanted projects, a practice banned by lawmakers in the Nixon era.

CRA’s work fits into a broader effort by conservative, MAGA-leaning organizations to influence a future Trump White House. Two people familiar with the plans, who were granted anonymity to discuss internal matters, said that Vought hopes his proximity and regular contact with the former president — he and Trump speak at least once a month, according to one of the people — will elevate Christian nationalism as a focal point in a second Trump term.

The documents obtained by POLITICO do not outline specific Christian nationalist policies. But Vought has promoted a restrictionist immigration agenda, saying a person’s background doesn’t define who can enter the U.S., but rather, citing Biblical teachings, whether that person “accept[ed] Israel’s God, laws and understanding of history.”

Vought has a close affiliation with Christian nationalist William Wolfe, a former Trump administration official who has advocated for overturning same-sex marriage, ending abortion and reducing access to contraceptives.

Vought, who declined to comment, is advising Project 2025, a governing agenda that would usher in one of the most conservative executive branches in modern American history. The effort is made up of a constellation of conservative groups run by Trump allies who’ve constructed a detailed plan to dismantle or overhaul key agencies in a second term. Among other principles, the project’s “Mandate for Leadership” states that “freedom is defined by God, not man.”

In the Public Interest is an excellent source of information about privatization in every sphere of life, wherever privatizers see a chance to turn a public service into private profit. Its latest post is about the citizens’ fight to overturn a new voucher plan in Nebraska.

Open the link to see the cost of vouchers in Arizona, New Hampshire, North Carolina, and Ohio. Count on costs to go up every year, as legislators expand eligibility and raise income limits.

In early 2023, the Nebraska legislature passed LB753, which created a new private school tax-credit voucher program. The bill allows a dollar-for-dollar tax credit to individuals and corporations that donate to a scholarship granting organization (SGO), which would issue the vouchers to families to pay for private school. Eligibility requirements are broad, allowing, for example, any child entering either kindergarten or 9th grade at a private school, or any student who has spent at least one semester in a public school to apply for a voucher. The bill would divert up to $25 million annually from the state, but that figure could go up to $100 million.

The bill includes a standard “hands off clause,” which prevents the state from exercising any authority over the school and how it operates.  It’s basically a license to discriminate.

Shortly after the bill was passed, public school supporters launched a referendum petition drive to put repeal of the new law on the November 2024 ballot. In fewer than 90 days, the repeal campaign gathered nearly double the number of required signatures from across the state. The effort was led by Support Our Schools Nebraska, a coalition that includes, among others, the Nebraska State Education Association, OpenSky Policy Institute, Parent-Teacher Association of Nebraska, Stand for Schools, League of Women Voters of Nebraska, Omaha NAACP, ARC of Nebraska, Nebraska Farmers Union, and the Nebraska Civic Engagement Table.

In Nebraska, 84% of private schools are religiously affiliated. Many, if not most of these schools are legally permitted to discriminate against applicants based on their gender orientation, religious affiliation, or other characteristics. The Nebraska OpenSky Policy Institute has estimated that state aid distributed to public schools could decrease by almost $12 million in response to the new voucher program.

Forces aligned against the repeal include the usual suspects, like the American Federation for Children, founded by anti-public-education zealot Betsy DeVos, which donated $583,000 along with $103,000 of in-kind services to the pro-voucher effort, on top of money DeVos spent to influence Nebraska state senate races in the last cycle. The Nebraska Catholic Conference, whose coffers stand to gain from LB753, has also thrown its weight and reach behind the anti-public education side. Jeremy Ekeler left his job as associate director of education policy at the Conference in November to become the executive director of Opportunity Scholarships of Nebraska, a state-approved scholarship granting organization helping to implement LB753. They’re not only working to defeat the ballot measure, they’re trying to keep it off the ballot entirely, following a playbook the right has used to subvert a variety of citizen-led, petition-driven initiatives around the country.

As we have pointed out before and as the chart above illustrates, vouchers bleed public school districts of needed funds, allow for discrimination, lower educational standards (by not necessarily having many), and lead to resegregation.

As if that weren’t enough, they turn out to be budget busters for states.

In the Public Interest will keep an eye on this fight because it may be the clearest indication that, while conservative politicians have thrown their support to various schemes that divert public funds from public schools, the public opposes these efforts and will show up at the polls to make their feelings felt.

In a court case in Mississippi, a parent group is seeking to prevent the state from disbursing public funds to private schools. The parents rely on a clause in the state constitution that explicitly bars public funding of private schools.

The story was reported by the Mississippi Free Press. SUPPORT LOCAL JOURNALISM!

Schoolchildren could be heard playing less than a block away from the Mississippi Supreme Court building as attorneys argued over whether federal public funds should be awarded to the state’s private schools on Tuesday.

Rob McDuff, a Mississippi Center for Justice attorney representing the pro-public education nonprofit organization Parents For Public Schools, called a prohibition in the state’s constitution on funding for private schools “an ironclad principle” that “doesn’t have exceptions” during oral arguments.

Mississippi Supreme Court justices Leslie King, Robert Chamberlain and David Ishee also heard arguments from attorneys representing the Mid-South Association of Independent Schools and the Mississippi Attorney General’s Office defending the use of COVID-19 relief funds for private schools..

Parents for Public Schools filed the initial lawsuit in June 2022 after state lawmakers passed bills appropriating $10 million to help MAIS member schools pay for broadband, water and infrastructure projects. One bill Gov. Tate Reeves signed into law created the Independent Schools Infrastructure Grant Program. The other allocated American Rescue Plan funds for the program. The Legislature had set the grant to go into effect on July 1, 2022.

The pro-public education organization’s lawyers argued that awarding the funds to private schools violates Section 208 of the Mississippi Constitution and would give private schools a competitive advantage. That section of the Constitution says that “no religious or other sect or sects shall ever control any part of the school or other educational funds of this state; nor shall any funds be appropriated toward the support of any sectarian school, or to any school that at the time of receiving such appropriation is not conducted as a free school.”

“This is a case about a lot more than 10 million dollars,” Will Bardwell, an attorney from Democracy Forward, who also argued on behalf of Parents for Public Schools, told media after the Feb. 6 hearing. “This is a case about part of the Mississippi Constitution that reserves all of the state’s education funding for public schools. If we’re going to make exceptions to that for a 10 million dollar appropriation, then we can make exceptions about that for a 100 million dollar appropriation or a 500 million dollar appropriation. This is a simple case and it’s about a lot more than 10 million dollars.”

Please open the link to finish the story.

Tanisha Pruitt, Ph.D., wrote the following statement on behalf of Policy Matters Ohio last June. She urged the legislature not to expand vouchers. Her plea was ignored. The legislature decided to raise the cap on vouchers to 450% of the federal poverty level. Given research that shows the failure of vouchers in Ohio and elsewhere, the only conclusion that can be drawn is that the Republican dominated legislature doesn’t care about the state’s children or their future.

Regardless of race, neighborhood, or how much money is in their parents’ bank account, every child should be able to attend an excellent school that has everything they need to learn and grow. Every dollar spent on vouchers makes this vision less achievable. Vouchers take public money and give it to private schools, with real consequences for the 90% of our kids who attend Ohio’s public schools.

With their recent budget proposal, Senate leadership has shown they are willing, even eager, to sacrifice Ohio’s kids to ram through a universal voucher scheme they’ve been planning for years. The Senate plan would make EdChoice vouchers — worth $8,407 a year for students in grades 9-12, and $6,165 a year for those in grades K-8 — available to households with incomes up to 450% of the federal poverty rate. (For a family of four, that’s about $135,000 a year.) And they wouldn’t stop there: Senate leadership would also allow households making more than that to get 10% of the value of EdChoice vouchers, subsidizing a discount on private school tuition for the children of the wealthiest Ohioans.

<<< And that’s just one of the ways the Senate proposal will disproportionately benefit the rich while hurting the rest of us.>>>

Kids bring their whole selves to the classroom. To succeed they need well-funded schools — and they need good food, health care, and quality child care to build a solid foundation. Senate leadership would make it very easy to qualify for vouchers, while Ohio already makes it very difficult to qualify for other, more fundamental public programs. Legislators impose tight caps on family income to participate in SNAP, Medicaid, publicly funded child care and free school meals. Compare those income limits to the proposal for limitless access to private school vouchers and you get a good sense of where the Senate majority’s priorities and loyalties lie.

Public schools in Ohio are responsible for educating 1.6 million students. The Senate proposal cuts their funding by $245.6 million in FY 2024 and by $295.8 million in FY 2025. At the same time, Senate leadership would increase funding for vouchers by $182 million in FY 2024 and $191 million in FY 2025 — pushing the total annual cost to more than a billion dollars by the end of this budget cycle. That’s $1 billion of Ohio taxpayers’ money being funneled to unaccountable private schools, many of which are operated by churches and other religious entities.

The budgetary choices that we see in the Senate proposal begs the question of where our legislators’ priorities lie when it comes to funding our education system. How we fund our schools now will impact education — and our workforce and economy — for years to come. Ohio is currently ranked near the bottom at 46th in the nation when it comes to equitable distribution of funding in schools. By proposing massive new spending on vouchers, Ohio legislators would only make things worse.

In the last budget, we won the Fair School Funding Plan, with the promise to fully and fairly fund schools so every child in Ohio gets what they need to set them on the path to a good life. Now we need legislators to live up to that promise and finish the job. State leaders have a constitutional duty to protect public schools. Ensuring a “thorough and efficient system of common schools” — as Ohio’s constitution requires — means correcting disparities created by bad policies of the past, which still harm kids today. We do that by prioritizing public schools, cutting spending on vouchers, and paying teachers what they’re worth, so every student in every district in every school can thrive.

This report was written by Tanisha Pruitt, Ph.D., for Policy Matters Ohio in April 2023. It provides a comprehensive review of the funding of K-12 education in the state. The state has 1.6 million students. The state Constitution says (Article 6, section 2):

The General Assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state.

The legislature and governor of Ohio apparently believe that the state Constitution does not mean what it says. The Republican leadership has steadily increased the funding of charter schools (which are not “common schools,” but are privately managed schools, some for-profit) and vouchers, which go primarily up religious schools.

The report was written before the legislature lifted income caps on vouchers, agreeing to subsidize the tuition of all students regardless of family income.

Please open the link to see the graphs.

The Policy Matters Ohio report begins:

School is a place where childhood happens. Ohio’s public educators teach children of all races and backgrounds basic skills, but also challenge and inspire them to follow their dreams. For many students, school is a safe place to learn, develop and grow.

Ohio currently educates 1.6 million children attending school in our cities, suburbs and small towns. For years, almost no one was happy about how the state of Ohio funded public schools. The system pitted communities against each other and private and charter schools against public schools. We were living in the K-12 version of the “Hunger Games”: The wealthier your district, the stronger your chances of success.

Most state lawmakers signed off on a system that relied too heavily on local property taxes,[1] so communities where many residents have low incomes struggled to pay for the basics like updated resources and teaching materials. The state capped the funding it sent to some districts, often leaving those districts feeling cheated. In others, state funding failed to keep up with changing costs and student needs. Since 2005, lawmakers have been systematically sending more resources to the wealthiest Ohioans by cutting the state income tax, which accounts for nearly one-third of the state’s spending on schools. Meanwhile, lawmakers have diverted almost $1 billion a year from local levies to private and charter schools.[2]

These policy choices have taken a toll on Ohio’s educational outcomes. Education Week ranks Ohio 46th in the nation for equitable distribution of funding.[3] The performance metrics included: (1) state spending by examining per-pupil expenditures adjusted for regional cost differences, the percent of students in districts with per-pupil spending at or above the national average, spending index, and percent of total taxable resources spent on education and (2) Equity, by examining the degree to which education funding is equitably distributed across the districts within the state.[4]

The pandemic has contributed to a decline in test scores, which could have an impact on our overall ranking, if we do not get students caught up.[5] Over nearly two decades, we can draw a straight line between the racial and economic achievement gaps and the lack of funding to provide Black, brown, economically disadvantaged students[6] and students with disabilities what they need to succeed in school.

Ohio’s schools are becoming more racially and ethnically diverse; the Hispanic[7]population (a close proxy for Latinx) alone has more than doubled over the last 10 years.[8] Student poverty is also on the rise with 51% of students considered economically disadvantaged and the homeless student population doubling over the last decade.[9]

COVID-19 created unstable and even chaotic learning environments across Ohio. The elevated stress and social isolation caused by the move to virtual learning[10]exacerbated students’ need for mental health services.[11] The pandemic continues to take a toll on educators as well. COVID and other outbreaks are making educators sick. Moreover, increased stress and low pay cause many educators to leave the profession. Districts across the state have grappled with unprecedented staff shortages. For example, Columbus City Schools (CCS) had 800 employees absent every day during the height of the pandemic.[12] Hamilton City School officials were forced to cancel classes when 170 staff members were out due to illness.[13]

COVID has especially hammered school districts in communities that can’t raise enough money through local property taxes — especially in big cities, where Black, brown and economically disadvantaged students are more likely to live.[14] Schools in these communities often have fewer resources for COVID mitigation efforts like improving ventilation.[15]

Long before COVID, many policymakers neglected public schools, siphoning away their funding for tax giveaways[16] to corporations and undercutting them with schemes that send public money to charters and private schools. Combined with the effects of COVID, Ohio’s legacy of inadequate and inequitable funding has weakened the role school plays as a foundational public service for families and communities. For our state to be a vibrant place where people want to live, we need fully and fairly funded schools in all districts, no matter what students look like, or how much money their families have.

This report describes how the state funds public K-12 education and some key investments proposed in the 2024-25 Executive Budget, the legacy of unconstitutional funding, the role private school vouchers play in harming public schools, and how the Fair School Funding Plan — when fully funded and fully implemented, including weights and cost corrections — can provide districts with more resources to prepare Ohio’s children to succeed.

A brief history of Ohio school funding

The framers of Ohio’s constitution obligated the state to provide a “thorough and efficient system of common schools” for all students.[17] In 1991, the Ohio Coalition for Equity & Adequacy of School Funding, representing more than 500 school districts in Ohio, filed suit in the Perry County courts against the State of Ohio for failing to uphold this constitutional requirement.[18] In DeRolph vs. The State of Ohio — named for Perry County school district student Nathan DeRolph — plaintiffs argued the state was failing to live up to its obligation due to over-reliance on local property taxes for school funding: In wealthy communities, high property values generated revenues needed to provide students with more resources for cutting-edge technology, advanced classes, and extracurricular activities; the opposite was true in poor communities. This left schools in cities, rural areas and many low-income communities severely under-resourced, significantly harming outcomes for their students.

The litigation dragged on until 1994 when Perry County Court Judge Linton Lewis, Jr. ruled that “public education is a fundamental right in the state of Ohio” and that the state legislature must provide a better and more equitable means of financing education.

The DeRolph case was the start of a foundational shift in the school funding system in Ohio, but the fight for constitutional and equitable funding continued for decades following the ruling. By failing to keep up with inflation and by diverting public funds to charter schools[19] and vouchers (i.e., scholarships to private schools), lawmakers in fact cut state aid to traditional public schools over time.[20] As a result, public schools have increasingly relied even more on local resources, which exacerbates the problem of unequal funding and quality across districts,[21] a problem that persists today….

Public dollars, private benefits

Two smaller education systems run alongside Ohio’s traditional public schools: charters and private schools. When legislators redirect funding from traditional public schools to pay for charters and vouchers (which pass public dollars through parents and into private schools), the vast majority of Ohio students who attend traditional public schools have to make do with less.

In Ohio charter schools have been branded “community schools” and are considered “public” because they cannot charge tuition and they are supposed to accept all students. However, charter schools do not necessarily serve the public good. Charter school sponsors may contract with for-profit companies to operate the schools. In 2020, Ohio had 313 charter schools serving 102,645 students and 178 (57%) of them were operated by for-profit entities.[48]These “operators” have been the source of much scandal in Ohio. Simply put: The charter system in Ohio has lots of loopholes for private, profit-seeking companies to siphon off public dollars.

In FY 2022 the state sent $1.45 billion to charter schools — up from nearly $620 million in 2007.[49] During that time, Ohio’s legislators earned our state a reputation as “the wild west of charter schools” by failing to hold charters and their operators accountable.[50] Problems with Ohio’s charter school system came to a head with the ECOT scandal: A for-profit online charter school, the Electronic Classroom of Tomorrow squandered millions in public money by inflating enrollment numbers.[51] Other charter scandals have prompted rounds of legislative reform to reduce self-dealing, prevent the state from paying for students who were not actually attending school, and stop attempts at double-dipping by selling state-purchased materials back to the state for even more public dollars.[52]

The Ohio Charter School Accountability Project, a joint effort of the Ohio Education Association (OEA) and Innovation Ohio, using data primarily from the Ohio Department of Education (ODE), created a tool to help Ohioans know the state of publicly funded charters and private schools that accept public vouchers, and how they compare to traditional school districts. Analysis includes state report card rankings, classroom expenditures, and state aid deductions to charter schools. This system is intended to provide transparency so that parents, teachers, students and advocates can hold charter schools accountable.[53]

Based on the recent Annual Community Schools report conducted by the Ohio Department of Education (ODE),[54]community schools in Ohio are receiving more funding through the Quality Community School Support Grant (QCSS). Eligibility requirements for these grants are based on performance standards and overall academic achievement. In the current budget lawmakers increased funding to QCSS to $54 million for FY 2022, a $24 million increase from 2021. This increase includes a per-pupil increase of $1,750 for economically disadvantaged students and a $1,000 per-pupil increase for all other students.[55]

Vouchers eat up state funding for K-12 schools

As problematic as under-regulated charter schools can be, the proliferation of private school vouchers has had the most serious consequences for public schools and the vast majority of Ohio students who attend them. Since the Cleveland Voucher Program for low-income students in Cleveland City Schools launched in 1996, policymakers have expanded voucher programs across the state. Ohio currently has four main school voucher programs: the Educational Choice (EdChoice) Scholarship Program, the Cleveland Scholarship and Tutoring Program (CSTP), the Autism Scholarship Program, and the Jon Peterson Special Needs (JPSN) Scholarship Program. The EdChoice program is split into two types: the Traditional EdChoice Scholarship, also known as performance-based EdChoice, and the EdChoice Expansion Scholarship, also known as income-based EdChoice.

Policymakers introduced the Traditional EdChoice scholarship program in 2005 and continue to expand it. The EdChoice Expansion program was introduced in 2014 and has also expanded in scope. The performance-based EdChoice program is available to students in underperforming school districts, while the income-based EdChoice program is available to low-income students. The Cleveland Scholarship is for all K-12 students in the Cleveland Metropolitan School District. The other two scholarships, Autism and JPSN, are for autistic students and students with any disability, respectively.

What started as a program to provide alternative education options for students in what the state perceived to be underachieving schools has now expanded to include students from public schools with high achievement grades. According to a brief by the Northwest Local School District, 47.7% of the buildings on the current list of Ohio schools eligible for vouchers have overall grades of “A,” “B,” or “C” under the state’s report card system. The number of eligible schools has also grown rapidly. During the 2018-19 school year Ohio had fewer than 300 school buildings that were considered eligible; by 2020-21, 1,200 school buildings were eligible: a 300% increase in just two years.[56] Similarly, income-based vouchers are now being proposed for families earning up to 400% of the federal poverty level. This expansion would be a costly and needless expansion, subsidizing private education for families that need no help. A family of four could earn up to $120,000 and be considered income eligible. This expansion will make vouchers nearly universal, by providing an additional handout to upper-middle-class families at the expense of public schools.

Vouchers in the state budget

After years of tax cuts for the wealthy and corporations that have drained resources from public schools, and as COVID has created new pressures, the state further undercuts public schools by pumping hundreds of millions of public dollars into private schools.[57]

The 2022-23 biennial budget expanded funding of private schools, especially through EdChoice and other voucher programs. Traditional, performance-based EdChoice received $212.5 million, and the income-based EdChoice Expansion program received close to $103 million, a combined 61.4% of voucher payments statewide in FY 2022. The Autism and JPSN scholarships received $116.5 million and $76.6 million, respectively, making up 17% and 12.4% of distributed scholarship funds. The Cleveland Scholarship program received $46 million and only makes up 9.1% of distributed scholarship funds.[58]

Legislators have increased voucher payments from state funds since 2014, as illustrated in Figure 6.[59]

Figure 6
https://datawrapper.dwcdn.net/7sKMh/2/

The FSFP funds vouchers directly instead of allowing them siphon away districts’ state funding. Lawmakers increased total voucher allocations from $395.4 million in FY 2020 to $635.1 million in FY 2022.[60]They also increased direct state aid to private schools, though not as dramatically. Policymakers increased funding for “auxiliary services” to private schools from $149.9 million in FY 2021 to $154.1 in FY 2022 and just under $156 million in FY 2023. Meanwhile, “nonpublic administrative cost reimbursement” aid — which reimburses charter schools for the cost of mandated administrative and clerical activities such as preparation, filing and records keeping[61] — increased from $68.9 in FY 2021 to $70.8 in FY 2022 and $71.6 in FY 2023.[62]

Lawmakers have increased spending on vouchers by increasing the amount families can receive. For income-based EdChoice Expansion vouchers for FY 2022-23 the state now awards qualifying K-8 students $5,500 per year and high school students $7,500 per year for tuition at non-public schools, up from previous award amounts in FY 2020-21 which provided $4,650 for K-8 students and $6,000 for students grades 9-12.[63]….

Voucher expansion threatens our public schools

Because of the General Assembly’s continued expansion of voucher programs, more Ohio families are enrolling in them — up from 52,000 in 2019 to 69,991 in 2021. Even accounting for this growth, most voucher students were already attending private school before receiving vouchers.[64] Further, the number of vouchers is a fraction of the number of students served in public schools. When students use state-funded vouchers to attend private schools, even if they were never enrolled in traditional school districts, it means less money in the state budget that could otherwise be spent creating great public schools, which must serve all students.

The Ohio Coalition for Equity and Adequacy of School Funding, a coalition of over 100 school district and 20 education and community groups, took the state of Ohio to court, claiming that EdChoice Expansion violates the constitutional requirement that the state provide a “thorough and efficient system of common schools.” Coalition advocates believe that state lawmakers’ growing investment in vouchers could lead to a school funding system that privileges private education even more in years to come.[65]

Many proponents of voucher expansion have painted it as the state simply supporting parents’ right to choose where their child will be educated, but choice is not the problem, priorities are. The state has not fulfilled its constitutionally mandated responsibility to fairly fund public schools. Key components of the FSFP are still outstanding. Allocating close to $1 billion in public funds for students to take vouchers to private schools is a huge disservice to the 90% of students who attend our public schools.

Ultimately, the way the executive budget proposes to distribute foundation aid over FY 2024-25 will further erode the share going to traditional public schools by allocating a greater share to charters. The proposed budget would send 77.9% of foundation funds to traditional schools, compared to 79.1% in the last budget. Charters would take 10.8%, up from 9.9%. Voucher programs stay at 7.1%, and joint vocational school districts increase to 4.2% from 3.8%.

Recommendations & conclusion

Ohio has underfunded public schools and other essential public services for years.[66] Ohio lawmakers have cut state income taxes since 2005, reducing our ability to provide an equitable education system for all our students, and giving huge windfalls to the wealthiest Ohioans and little or no benefit to people with middle or low incomes.

Policymakers have a constitutional duty to protect public schools. Ensuring a thorough and efficient system of common schools means correcting disparities generated from over-reliance on property taxes by fully implementing the FSFP, with accurate estimates of how much it really costs to educate our kids.

Lawmakers in Ohio need to invest in developing an educator workforce of qualified teachers who are paid fairly for their essential work and strongly supported while doing it. Other pressing issues include a bussing crisis,[67] fewer 5-year-olds prepared for kindergarten,[68]lowered reading and math proficiency scores,[69] chronic absenteeism,[70] and a persistent digital divide.[71]

The state has sufficient revenue to meet these challenges, so long as legislators make public schools and kids a priority. Ohio has the money to fully commit to the FSFP in this budget. Instead of phasing in funding piece by piece, year after year, lawmakers should fully fund it right now. Ohioans must come together to demand lawmakers live up to the promise of the FSFP in the next biennium and beyond.