Archives for category: Separation of church and state

The Constitution of the state of Florida bans the transfer of public funds to religious schools or any religious institution. The ban is unequivocal. It says: “No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution.”

In 2012, the state voted on a referendum to permit vouchers for religious schools. The proposed Amendment 8 was misleadingly called “the Religious Freedom Amendment.” Voters turned it down by 55%-45%.

Despite the explicit language of the State Constitution, despite the defeated state referendum, despite the body of research that shows that voucher schools are mostly inferior to public schools, despite the number of religious schools that openly discriminate in admissions and that use textbooks that are racist and sexist, Florida’s Republican governors and legislature have steadily expanded its multiple voucher programs, which currently sends about $1 billion to mostly religious schools. These schools are not subject to the same standards and accountability as public and charter schools. Now Florida legislators want to combine its several voucher programs and expand them.

If you live in Florida, say no to this degradation of public education and waste of public funds.

From: Network for Public Education Action <carol@npeaction.org>
Date: Tue, Feb 2, 2021 at 8:16 AM
Subject: [test] Urgent: Stop the Florida Mega-Voucher Bill Today
To: <burriscarol@gmail.com>

Florida SB 48  merges and expands the multiple voucher programs that already exist into two large programs.

If passed, this bill would also reduce the frequency of audits to detect fraud from every year to once every three years, increase the yearly growth rate of voucher programs, and via ESAs, expand the use of public funds for parents to “shop” for private schools or homeschool services.

Here is what to do.

1. Pick up the phone today and call:(Sample Script) My name is (name). Please tell Senator (name) that I strongly oppose SB 48. I support public education. SB 48 is one more attempt to fund private schools and destroy our public school system. 

Chair, Sen. Joe Gruters (850) 487-5023gruters.joe.web@flsenate.govTwitter: @JoeGruters 
Vice Chair, Sen. Shevrin Jones (850) 487-5035jones.shevrin.web@flsenate.govTwitter: @ShevrinJones
Senator Lori Berman(850) 487-5031berman.lori.web@flsenate.govTwitter: @loriberman 
Senator Jennifer Bradley (850) 487-5005bradley.jennifer.web@flsenate.govTwitter: @jenn_bradley 
Senator Doug Broxson(850) 487-5001broxson.doug.web@flsenate.govTwitter: @DougBroxson
Senator Travis Hutson(850) 487-5007hutson.travis.web@flsenate.govTwitter: @TravisJHutson 
Senator Kathleen Passidomo(850) 487-5028passidomo.kathleen.web@flsenate.govTwitter: @Kathleen4SWFL 
Senator Tina Polsky (850) 487-5029polsky.tina.web@flsenate.govTwitter: @TinaPolsky 
Senator Perry Thurston, Jr (850) 487-5033thurston.perry.web@flsenate.govTwitter: @PerryThurstonJr2.

Get on Twitter and tweet: Don’t destroy Florida public schools. #SayNotoSB48  @PerryThurstonJr @TinaPolsky @Kathleen4SWFL @TravisJHutson @DougBroxson @jenn_bradley @loriberman @ShevrinJones @JoeGruters @NPEaction @pastors4flkids Stop the mega-voucher bill. I love Florida Public Schools. Stop defunding them. #SayNotoSB48  @PerryThurstonJr @TinaPolsky @Kathleen4SWFL @TravisJHutson @DougBroxson @jenn_bradley @loriberman @ShevrinJones @JoeGruters @NPEaction @pastors4flkids Stop the mega-voucher bill. #SayNotoSB48 that outsources Florida’s $1 billion voucher program to private organizations for profit.. @PerryThurstonJr @TinaPolsky @Kathleen4SWFL @TravisJHutson @DougBroxson @jenn_bradley @loriberman @ShevrinJones @JoeGruters @NPEaction @pastors4flkids 

3. Send an email to the senators above, using the email addresses under their names (click the address and cut and paste text below):
I oppose SB 48 because it contains no standards, no transparency, and only tri-annual accountability. It gives to the few while ignoring the needs of the many children in public schools. Please vote to oppose SB 48.

Don’t wait. Thanks

 

Carol Burris, Executive DirectorDonations to NPE Action (a 501(c)(4)) are not tax deductible, but they are needed to lobby and educate the public about the issues and candidates we support.
Please make a donation today.Sent via ActionNetwork.org. To update your email address, change your name or address, or to stop receiving emails from Network for Public Education Action, please click here.

A few days ago, I published a list of states that are considering new legislation to defund their public schools while expanding the corporate charter sector and increasing the funding of vouchers for failing religious schools.

One state was inexplicably left off that list of infamy: North Carolina.

A bill has been filed in that state peppered with words like “equity” and “opportunity,” a typical ruse to divert attention from the main purpose of the bill: privatization of public funds and defunding of public schools.

Republicans in the North Carolina General Assembly want more public money to flow to unregulated and unaccountable private and religious schools, which are free to use any curriculum they want, free to hire unqualified teachers, free to kick out or exclude students they don’t want, for any reason. Such schools are not subject to federal regulations securing the civil rights of their students. They are not subject to the state’s accountability system that applies to public schools. They are free to discriminate against students they don’t want.

Betsy DeVos made the goal of school choice clear: Shift public dollars away from public schools and transfer them to privately managed charter schools, online schools, for-profit schools, home schools, and vouchers for religious schools. She never supported public schools. Her actions emboldened her followers in Red States to make a full frontal attack on public education. Please share this information on Facebook, Twitter, and other social media. Alert your friends and colleagues. The attack on public education rolls on, despite the overwhelming evidence that charter schools do not get better results than public schools unless they cherrypick their students, and voucher schools get worse results, while most avoid accountability and transparency.

The Red State governors want to fund failure, instead of adequately and equitably funding their most important responsibility: the public schools.

In this article, Carol Burris–with research assistance of Anthony Cody and Marla Kilfoyle–of the Network for Public Education reports on the action in the states to advance privatization of public funds.

It is school choice week. Across the country, conservative state legislators are sponsoring “school choice” bills that would divert public funds to charter schools, online schools, and/or private and religious schools and homeschools.  

The 2020 election resulted in gains for Libertarian Republicans in statehouses who are now aggressively pushing school voucher bills, whether they be through the use of devices such as “Education Opportunity Accounts,” tax credits, or direct subsidies from state tax dollars. These bills would have a devastating impact on the funds available to support public schools struggling through the pandemic.   

But of course, that is the point. Make no mistake. Those proposing these bills are hostile to both the idea and the ideals of district-run public schools.

In addition to new voucher programs, state legislators are also promoting the expansion of charter schools, the imposition of capricious regulations on public schools, and the undermining of their democratic governance.

In Iowa, the Governor has proposed a law that would allow the state board, as well as districts, to authorize charter schools, thus placing charters in school districts that do not want them. A bill under consideration in Missouri would authorize a dramatic expansion of charter schools and make it simple for a small minority of voters to initiate a recall of elected school board members. Kansas legislators are pushing to allow public funds to flow to private schools with little public oversight, and New Hampshire legislators are again pushing a universal voucher program. 

Here is a summary of some of the bills that have been introduced.

Arizona 

Over three years, Senate Bill 1041 would increase the amount the state spends on corporate School Tuition Organization vouchers, from $5 million to $20 million. In 2017, tax dollars diverted into deductible voucher “donations” exceeded a billion dollars, providing “donors” with a dollar for dollar tax credits. Senate Bill 1452 expands the state’s ESA voucher. 

In a move hostile toward public schools,  Senate Bill 1058  requires schools to compile and publish a list of every resource used in classrooms the previous year — including online videos, articles, and websites. The purpose of this burdensome requirement is to allow parents to opt their child out if they do not agree with the instructional content. In what is clearly a show of hostility to district public schools, the bill does not apply to private schools, including those whose students receive vouchers, and charter schools have more relaxed rules. 

Florida 

Florida SB 48 aims to merge and expand the multiple voucher programs that already exist into two programs. According to the Tampa Bay Times, “the 158-page proposal would merge the state’s five key school choice programs and make them all state-funded. It would also convert the scholarships into more flexible education savings accounts by merging the state-funded Family Empowerment Scholarship program, an ESA program, with the Florida Tax Credit Scholarship Program, and the Hope Scholarship Program. Also, it would merge the McKay Scholarship Program for Students with Disabilities with the Gardiner Scholarship Program under a new name–the McKay-Gardiner Scholarship Program.”

Make no mistake–these are not scholarships in the traditional sense–provided when a needy student receives tuition-help because she has attained high grades. These “scholarships” are all disguised vouchers to private and religious schools, resulting in taxpayers paying for private school education. If passed, this bill would also reduce the frequency of audits to detect fraud from every year to once every three years, increase the yearly growth rate of voucher programs, and via ESAs, expand the use of public funds. 

Georgia 

House Bill 60 is a neo-voucher that would allow students who withdraw from a local public school to take state funding with them to use as a scholarship to a private school. In Georgia, about 50% of school funding comes from the state. This would have a devastating effect on school districts who would likely lose far more than they would save by an individual student’s withdrawal. One of the eligibility criteria for this ESA voucher is that a student’s school not be 100% open for in-person instruction, thus targeting schools whose elected leaders have made decisions about the safety of their school communities.  As with many of these proposals, the pandemic is being exploited to advance a privatization agenda.

Indiana  

 House Bill 1005 would greatly expand the state’s voucher program by allowing families with incomes up to $145,000 a year to participate. That amount is near twice the median income of families in the state and provides taxpayer assistance to families who can already comfortably afford to send their child to a private school. According to an estimate from the Legislative Services Agency, it could increase the number of students receiving state stipends by about 40% in 2021-22.

Some 12,000 students already attending such schools would be eligible for state funding–costing taxpayers $100 million in the first year alone. In addition, the bill would add a new “Education Savings Accounts,” which would be made available to parents with students with special needs. 

 Iowa 

Iowa Governor Kim Reynolds has proposed SSB 1065, (now known as SF 159) which is being fast-tracked through the state Senate.  This “school choice” bill would:

  • Provide up to $5,200 per student in “state scholarships” for parents to use for private school tuition or homeschooling expenses. 
  • Greatly expand charter schools in the state by allowing applicants to start a charter school by going straight to the state board, bypassing the school district.
  • Allow students to transfer out of their local public schools with a voluntary or court-ordered diversity plan. 

According to Senator Pam Jochum, this bill is being fast-tracked because, “Obviously, the faster they move it, the less chance there is for push back from the public that’s not happy with this kind of a change because it will take about $54 million and shift it from public education to private.”

Kansas:

House Bill 2068 and Senate Bill 61 are allegedly designed to expand school vouchers in the state via a tax credit program. They are, at their core, an attempt to create a taxpayer-funded invitation to discriminate. 

According to the Kansas School Boards Association, these bills would allow private schools that discriminate in admissions based on achievement, religion, gender, disability, or sexual preference to participate in the tax-credit program. They would neither be required to be accredited nor report student results. 

“Scholarships” created by these tax dollars could be as generous as $8,000.

Kentucky 

House Bill 149 would create a new “Education Opportunity Account” program that would allow participants to divert their tax dollars into accounts to be used as voucher funds for private or parochial school tuition.   

Missouri 

There is only one intent of Senate Bill 55–to destroy public education in Missouri. It was pushed through the Senate Education Committee last week. This mega bill began as two Senate bills to create vouchers and expand charters. They were then loaded onto SSB 55 at the last minute, which included provisions hostile to public education that have never even had a public hearing. According to the Missouri School Boards Association, the bill now includes:

  • School Board Member Recall: Requires an election to recall a school board member if a petition is submitted signed by at least 25% of the number of voters in the last school board election. It would also restrict members of the state board of education to one term.
  • Education Scholarship Account/Vouchers: Creates up to $100 million in tax credits for donations to an organization that gives out scholarships for students to attend a home school or private school – including for-profit virtual schools.
  • Charter School Expansion: Authorizes charter schools to be opened in an additional 61 school districtslocated in Jackson, Jefferson, St. Charles, and St. Louis counties or in cities of 30,000 or more and allows charters opened in provisionally and unaccredited districts to remain open even after the school district regains accreditation.
  • Direct Access to Virtual Charter Schools: Allows students enrolling in MOCAP (The Missouri CourseAccess and Virtual School Program) full time to apply directly to the vendor, thus pushing the resident school district and professional educators out of the process.

New Hampshire

House Bill 20 would create a universal voucher program entitled “Education Freedom Accounts,” which would take state dollars from monies allocated to support public schools and give them directly to parents to use for private school tuition, homeschooling costs, and other education-related expenses. The per-student amount would range from $3,786 and $8,458 based on eligibility and costs.  

Conclusion

During her 2019 appearance at the Education Writers Association, former Secretary of Education Betsy DeVos attempted to re-define the very definition of what public education is. 

“Let’s stop and rethink the definition of public education,” she said. “Today, it’s often defined as one type of school, funded by taxpayers, controlled by government. But if every student is part of ‘the public,’ then every way and every place a student learns is ultimately of benefit to ‘the public.’ That should be the new definition of public education.” 

According to DeVos’s definition, public education, as we know, it is “government education”, while the term public education is used as a substitute for the word “learning.” Take your child to a museum—by DeVos’s reasoning, that is “public education.” Teach them how to ride a horse, or how to storm Congress to air your grievance—according to this definition that would be “public education” as well. 

This is not just rhetoric—it is at the heart of the right-wing Libertarian philosophy that believes that parents should be fully in charge of where and what children learn. The bills that are being pushed in statehouses across America represent that philosophy.

Persuading Americans to buy into such a radical concept took years of work. Joseph P. Overton, an electrical engineer, was senior vice president of the right-wing Mackinac Center for Public Policy in the 1990s until he died in 2003. The Mackinac Center is located in Michigan, Betsy DeVos’s home state. Overton is most known for creating the Overton Window—a means by which to analyze and rebrand extreme policies to make them more acceptable to the public. According to Overton, only those policies identified as “in the window” are politically possible. Therefore, if one wishes to make the unacceptable or unthinkable acceptable, the solution is to shift the window.   

According to Mackinac, the example Overton often used to illustrate the window’s movement is the changed public perception of school choice. In the 1980s, advocating for charter schools was politically dangerous. As charters became more acceptable, so did school choice, which in turn allowed conservative politicians to advocate for homeschooling, private school tax credits, and charter expansion. 

And here we are today. What was once unthinkable–the dismantling of our nation’s public schools–is now a real possibility. 

It is up to those who believe in the promise of public education to join together, recognize these legislative attempts for what they are, and defeat them before it is too late. If we do not act, there may be choices, but democratically governed public schools will not be one of them.

Peter Greene here disentangles the latest move to expand vouchers in Florida and the latest attempt to demolish public schools in a state where 80 percent of students attend public schools. Florida’s voucher schools currently are not required to take state tests or to have any standards for teachers or principals or to adhere to the state curriculum. Most of the voucher schools are religious, ignoring the State Constitution which explicitly prohibits public funding of religious schools and ignoring a 2012 state referendum that rejected vouchers. There are schools where the “educators” do not have college degrees, where racism is okay, where gay students and staff are barred, and where students are using textbooks that teach hate. No matter. The Orlando Sentinel published a three-part investigation called “Schools Without Rules.” Florida wants more of the same.

Greene writes:

Florida’s legislature is at it again, joining in a national trend of using the pandemic crisis to fuel school voucher initiatives. 

Manny Diaz, Jr., (R-Hialeah) has spent his career chip chip chipping away at public education in Florida, and yesterday he returned with another bold idea. 

Florida has allowed choice programs to grow like an unweeded garden, but Diaz’s new bill proposes to collapse five “scholarship” (aka “voucher”) programs into just two Education Savings Account (ESA) programs. So Family Empowerment, Hope, Florida Tax Credit Scholarship–all under one roof now, along with the newly condensed Gardner-McKay programs for students with special needs...

So here comes SB 48, designed to expand the eligibility for programs, combine them, and put them under ESAs and folding in Tax Credit Scholarships. There are a few other wrinkles as well.

It also reduces oversight by the state–previously the outfits overseeing the tax credit scholarships had to be audited annually, to make sure they were spending public tax dollars appropriately; now they would be audited only every three years. That’s important, because an ESA is like a debit card given to parents, and history tells us that without some oversight, the tax dollars carried by that debit card can end up spent on….well, in Arizona they discovered about $700,000 in ESA money on beauty supplies, clothing, and even attempts to just grab the cash.

Publicity touts “adding flexible spending options” as well. The vouchers can be used for the following: instructional materials (including digital devices); curriculum; tuition for full or part-time for everything from postsecondary courses to a “home education program” to private school to virtual school; fees for tests (SAT, AP, industry certification); Florida’s prepaid college savings programs; contracted services, including classes from public school; part-time tutoring services (from someone who has certification or has just “:demonstrated mastery of subject area knowledge”); summer school or after-school ed fees; transportation (under $750). So, a whole lot of things other than just a voucher to go to school somewhere...

This, for many choice fans, is getting close to the end game. The dream– rich people pay fewer taxes and only support the schools they want to support. Wealthy people still have access to all the choices they want, while everyone else gets to pick through a free market morass in search of do-it-yourself education for their children. Education becomes mostly privatized edu-business, and the public schools remains in some markets to do their underfunded best with the “customers” that nobody wants. But hey. Lower taxes. Less paying for the education of Those People. Put Jesus back in charge of more education, even if that means the education is not very good, aggressively exclusionary, or even abusive.

We’ll see what happens. Pay attention. Because Florida remains on the cutting edge of disrupting public education into oblivion, the model which other states that hope to be the very worst still aspire to follow.

Katherine Stewart is the nation’s leading chronicler of Christian nationalism and the religious right. Her latest book, The Power Worshippers, is a must-read; I reviewed it in The New York Review of Books. This article appeared in The New York Times. It is an alarming and well-documented analysis of the religious zealotry and intolerance that propels Trumpism. Josh Hawley is competing with the loathsome Ted Cruz to be the next Trump.

In today’s Republican Party, the path to power is to build up a lie in order to overturn democracy. At least that is what Senator Josh Hawley was telling us when he offered a clenched-fist salute to the pro-Trump mob before it ransacked the Capitol, and it is the same message he delivered on the floor of the Senate in the aftermath of the attack, when he doubled down on the lies about electoral fraud that incited the insurrection in the first place. How did we get to the point where one of the bright young stars of the Republican Party appears to be at war with both truth and democracy?

Mr. Hawley himself, as it happens, has been making the answer plain for some time. It’s just a matter of listening to what he has been saying.

In multiple speeches, an interview and a widely shared article for Christianity Today, Mr. Hawley has explained that the blame for society’s ills traces all the way back to Pelagius — a British-born monk who lived 17 centuries ago. In a 2019 commencement address at The King’s College, a small conservative Christian college devoted to “a biblical worldview,” Mr. Hawley denounced Pelagius for teaching that human beings have the freedom to choose how they live their lives and that grace comes to those who do good things, as opposed to those who believe the right doctrines.

The most eloquent summary of the Pelagian vision, Mr. Hawley went on to say, can be found in the Supreme Court’s 1992 opinion in Planned Parenthood v. Casey. Mr. Hawley specifically cited Justice Anthony Kennedy’s words reprovingly: “At the heart of liberty,” Kennedy wrote, “is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.” The fifth century church fathers were right to condemn this terrifying variety of heresy, Mr. Hawley argued: “Replacing it and repairing the harm it has caused is one of the challenges of our day.”

In other words, Mr. Hawley’s idea of freedom is the freedom to conform to what he and his preferred religious authorities know to be right. Mr. Hawley is not shy about making the point explicit. In a 2017 speech to the American Renewal Project, he declared — paraphrasing the Dutch Reformed theologian and onetime prime minister Abraham Kuyper — “There is not one square inch of all creation over which Jesus Christ is not Lord.” Mr. Kuyper is perhaps best known for his claim that Christianity has sole legitimate authority over all aspects of human life.

“We are called to take that message into every sphere of life that we touch, including the political realm,” Mr. Hawley said. “That is our charge. To take the Lordship of Christ, that message, into the public realm, and to seek the obedience of the nations. Of our nation!”

Mr. Hawley has built his political career among people who believe that Shariah is just around the corner even as they attempt to secure privileges for their preferred religious groups to discriminate against those of whom they disapprove. Before he won election as a senator, he worked for Becket, a legal advocacy group that often coordinates with the right-wing legal juggernaut the Alliance Defending Freedom. He is a familiar presenceon the Christian right media circuit.

The American Renewal Project, which hosted the event where Mr. Hawley delivered the speech I mentioned earlier, was founded by David Lane, a political organizer who has long worked behind the scenes to connect conservative pastors and Christian nationalist figures with politicians. The choice America faces, according to Mr. Lane, is “to be faithful to Jesus or to pagan secularism.”

The line of thought here is starkly binary and nihilistic. It says that human existence in an inevitably pluralistic, modern society committed to equality is inherently worthless. It comes with the idea that a right-minded elite of religiously pure individuals should aim to capture the levers of government, then use that power to rescue society from eternal darkness and reshape it in accord with a divinely-approved view of righteousness.

At the heart of Mr. Hawley’s condemnation of our terrifyingly Pelagian world lies a dark conclusion about the achievements of modern, liberal, pluralistic societies. When he was still attorney general, William Barr articulated this conclusion in a speech at the University of Notre Dame Law School, where he blamed “the growing ascendancy of secularism” for amplifying “virtually every measure of social pathology,” and maintained that “free government was only suitable and sustainable for a religious people.”

Christian nationalists’ acceptance of President Trump’s spectacular turpitude these past four years was a good measure of just how dire they think our situation is. Even a corrupt sociopath was better, in their eyes, than the horrifying freedom that religious moderates and liberals, along with the many Americans who don’t happen to be religious, offer the world.

That this neo-medieval vision is incompatible with constitutional democracy is clear. But in case you’re in doubt, consider where some of the most militant and coordinated support for Mr. Trump’s postelection assault on the American constitutional system has come from. The Conservative Action Project, a group associated with the Council for National Policy, which serves as a networking organization for America’s religious and economic right-wing elite, made its position clear in a statement issued a week before the insurrection.

It called for members of the Senate to “contest the electoral votes” from Georgia, Pennsylvania, Michigan and other states that were the focus of Republicans’ baseless allegations. Among the signatories was Cleta Mitchell, the lawyer who advised Mr. Trump and participated in the president’s call on Jan. 2 with Brad Raffensperger, Georgia’s secretary of state. Cosignatories to this disinformation exercise included Bob McEwen, the executive director of the Council for National Policy; Morton C. Blackwell of The Leadership Institute; Alfred S. Regnery, the former publisher; Tony Perkins, president of the Family Research Council; Thomas Fitton of Judicial Watch; and more than a dozen others.

Although many of the foot soldiers in the assault on the Capitol appear to have been white males aligned with white supremacist movements, it would be a mistake to overlook the powerful role of the rhetoric of religious nationalism in their ranks. At a rally in Washington on Jan. 5, on the eve of Electoral College certification, the right-wing pastor Greg Locke said that God is raising up “an army of patriots.” Another pastor, Brian Gibson, put it this way: “The church of the Lord Jesus Christ started America,” and added, “We’re going to take our nation back!”

In the aftermath of the Jan. 6 insurrection, a number of Christian nationalist leaders issued statements condemning violence — on bothsides. How very kind of them. But few if any appear willing to acknowledge the instrumental role they played in perpetuating the fraudulent allegations of a stolen election that were at the root of the insurrection.

They seem, like Mr. Hawley himself, to live in a post-truth environment. And this gets to the core of the Hawley enigma. The brash young senator styles himself not just a deep thinker who ruminates about late-Roman era heretics, but a man of the people, a champion of “the great American middle,” as he wrote in an article for The American Conservative, and a foe of the “ruling elite.” Mr. Hawley has even managed to turn a few progressive heads with his economic populism, including his attackson tech monopolies.

Yet Mr. Hawley isn’t against elites per se. He is all for an elite, provided that it is a religiously righteous elite. He is a graduate of Stanford University and Yale Law School and he clerked for John Roberts, the chief justice. Mr. Hawley, in other words, is a successful meritocrat of the Federalist Society variety. His greatest rival in that department is the Princeton debater Ted Cruz. They are résumé jockeys in a system that rewards those who do the best job of mobilizing fear and irrationalism. They are what happens when callow ambition meets the grotesque inequalities and injustices of our age.

Over the past few days, following his participation in the failed efforts to overturn the election, Mr. Hawley’s career prospects may have dimmed. Two of his home state newspapers have called for his resignation; his political mentor, John C. Danforth, a former Republican senator from Missouri, has described his earlier support for Mr. Hawley as “the biggest mistake I’ve ever made”; and Simon & Schuster dropped his book. On the other hand, there is some reporting that suggests his complicity in efforts to overturn the election may have boosted his standing with Mr. Trump’s base. But the question that matters is not whether Mr. Hawley stays or goes, but whether he is simply replaced by the next wannabe demagogue in line. We are about to find out whether there are leaders of principle left in today’s Republican Party.

Make no mistake: Mr. Hawley is a symptom, not a cause. He is a product of the same underlying forces that brought us President Trump and the present crisis of American democracy. Unless we find a way to address these forces and the fundamental pathologies that drive them, then next month or next year we will be forced to contend with a new and perhaps more successful version of Mr. Hawley.

Good Jobs First has studied the distribution of COVID relief funds in depth. It created a site called COVID Stimulus Watch. It published an article about the depth of corruption in the Trump administration, which distributed COVID relief funds.

In this post, the researchers at Good Jobs First reveal the federal funding in the Paycheck Protection Program for all 50 states, distributed to charter schools, religious schools, and private schools.

As you review the funding for your own state, please bear in mind that public schools received an average of $134,500 each. Also, public schools were not allowed to apply for PPP funding. Charter schools were, however, allowed to get a portion of the public school funding and then to apply for PPP funding as if they were small businesses.

Check out your own state. You will find that elite private schools with high tuition and large endowments received grants that often were millions of dollars.

Last spring, when the pandemic began crippling the economy, Congress passed the $2.2 trillion CARES Act (Coronavirus Aid, Relief, and Economic Security Act). It was a rare moment of bipartisan action. Included in the act was the Paycheck Protection Program, which offered $660 billion to help small businesses weather an economic catastrophe in which many would be forced to close their doors and lay off their employees. The PPP would enable these businesses to pay their employees and survive the pandemic.

However, in the inevitable lobbying, someone added nonprofits to the list of organizations eligible to receive government aid under the PPP.

The PPP grants are called loans, but they are forgivable if used for payroll, rent, heating, and other expenses. It’s unlikely that any will be repaid.

Public schools were not eligible to apply for PPP, because they received a fund of $13.2 billion, which they were required to share with charter schools. Charter schools, however, were eligible to apply for PPP as “nonprofits,” meaning they could double dip into both funds. Over 1,200 charter schools got very generous payouts, with some collecting more than $1 million. The average public school received $134,500 from the CARES Act.

Private and religious schools flocked to the PPP and collected far more than public schools. An organization called Good Jobs First created a website called Covid Stimulus Watch to see who got the money. They estimated that private, religious, and charter schools collected nearly $6 billion from PPP, about six times more per school than public schools.

While the federal PPP was scooped up by charter schools, private schools, and religious schools, more than 110,000 restaurants closed, ending the employment and income of many hundreds of thousands of employees, while wiping out the life savings of thousands of owners.

To understand how incredibly generous the Treasury Department was in handing out PPP money to private and religious schools, you should review the list of grants that are attached, representing awards in four states: New York, Massachusetts, Ohio, and Michigan. You will be stunned to see the amounts collected by religious schools and elite private schools. The data were collected by Mellissa Chang of Good Jobs First. If you are wondering about your own state, you can contact her at mellissa@goodjobsfirst.org.

You can get the pdf for the New York data here.

You can get the pdf for the Massachusetts data here.

You can get the pdf for the Ohio data here.

You can get the pdf for the Michigan data here.

The Supreme Court has taken a dangerous rightwing turn since the addition of Trump’s three religious zealot. Poor Chief Justice John Roberts has lost control. He is no longer the deciding vote. In the latest decision, he joined with the Court’s three liberals in a vain effort to say that public health requires all of us to accept limits and restrictions, even houses of worship. Several people tweeted to tell me that their churches encouraged masks and social distancing. But many others do not. See the photograph in Mike Klonsky’s post of a Brooklyn synagogue where thousands of congregants were packed together, maskless.

Thousands of unmasked Hasidic sect members squeeze inside the Yetev Lev temple in Brooklyn for the wedding of a chief rabbi’s grandson. Similar weddings have been happening in Brooklyn for months in violation of city ordinances — with precautions such as covering windows with paper and guards at the doors in case an inspector shows up to keep them from being detected.

The Supreme Court’s 5-4 midnight ruling, which prevents New York city and state officials from imposing limits on the Roman Catholic Diocese or Brooklyn’s Hasidic sect during the pandemic, had little to do with the broad issue of religious freedom. Rather it was a signal to Trump’s MAGA death cult and his evangelical base that the extreme right-wing majority, led by DT’s newly-appointed religious cultist, Amy Coney Barrett, was on the job and will be for decades to come. 

The Court already ruled that a baker in Colorado did not have to bake a wedding cake for a gay couple. What will the Court rule when a shopkeeper refuses to serve women or blacks or Jews because of his religious beliefs? This Court is certain to say that religious beliefs “trump” civil rights law.

This case will go to the U.S. Supreme Court, which is now packed with justices who want to tear down the “wall of separation” between church and state. Kavanaugh, Gorsuch, Barrett, Thomas, and Alito, possibly Roberts, are likely to agree that Maine cannot deny funding to religious schools. Espinosa v. Montana set the stage for the next school funding decision; that ruling said that if a state funded any nonpublic schools, it must all nonpublic–including religious–schools.

FEDERAL APPEALS COURT UPHOLDS MAINE’S DECISION NOT TO SEND PUBLIC EDUCATION FUNDS TO RELIGIOUS SCHOOLS
The U.S. Court of Appeals for the First Circuit has rejected a challenge to the state of Maine’s decision not to use public education funding to pay for tuition at private religious schools, preserving Maine’s efforts to prevent public funding of religious education. Public Funds Public Schools filed amicus briefs in the case – Carson v. Makin – to support the Maine law. 

The Institute for Justice, a group of pro-voucher lawyers behind the Carson v. Makin litigation, has vowed to ask the U.S. Supreme Court to review the First Circuit’s ruling. PFPS will continue to support the law before the U.S. Supreme Court, if necessary. 

Maine’s constitution, like those in all 50 state
s, contains an affirmative obligation on the state to maintain and support a system of free public education available to all children. To carry out this mandate, for nearly 150 years the Maine Legislature has permitted local school districts that do not operate their own public schools for geographic or historical reasons to pay tuition to approved, nonsectarian private schools for resident children.

Participating private schools must comply with a host of legal requirements to ensure they meet state standards for an appropriate, nondiscriminatory education.

The First Circuit rejected prior challenges to the Maine law in 1999 and 2004, and Maine’s highest state court rejected similar claims in 1999 and 2006. In 2018, Institute for Justice lawyers filed yet another lawsuit in the federal courts seeking to overturn Maine’s decision not to include private schools offering religious instruction in the state’s tuition program. 


In Carson v. Makin, the Institute for Justice argued that recent U.S. Supreme Court decisions, including Espinoza v. Montana Department of Revenue, which upheld a private school voucher program that included religious schools, required overturning Maine’s law. However, the Maine federal district court held that the state’s exclusion of religious schools from the tuition program did not violate the free exercise of religion and other rights guaranteed by the First and Fourteenth Amendments to the U.S Constitution. 


The PFPS amicus brief to the First Circuit emphasized Maine’s compelling interest under its state constitution in providing a free public education to all Maine children in schools that comply with state standards, including the requirement that they not engage in religious instruction. PFPS further argued that including religious schools would undermine Maine’s carefully limited program designed to provide a publicly funded education in the narrow circumstances where a district-operated secondary school is unavailable. 

The brief also detailed how including religious schools in the tuition-based program would divert significant funding away from Maine’s already underfunded public schools. Finally, PFPS warned that because religious schools often discriminate based on a student’s religious faith, disability, sexual orientation and other factors, including these schools in the tuition program would entangle Maine in regulating matters of religion or result in using taxpayer dollars to fund discrimination.


The First Circuit’s opinion upholding the Maine law explained that: “[g]iven limited public funds, the state’s rural character, and the concomitant scarcity of available public school options for residents of many [districts], we do not see why the Free Exercise Clause compels Maine either to forego relying on private schools to ensure that its residents can obtain the benefits of a free public education or to treat pervasively sectarian education as a substitute for it.”


“The First Circuit’s ruling is a powerful affirmation of Maine’s longstanding decision not to use limited taxpayer dollars to pay tuition at schools that do not provide a secular education meeting state standards to all children, free from discrimination,” said Jessica Levin, ELC Senior Attorney and PFPS Director. “We stand ready to push back efforts to divert Maine’s public funds to religious schools.”


For more information on voucher litigation and PFPS amicus briefs, visit the Litigation page of the PFPS website.


Press Contact:Sharon KrengelPolicy and Outreach DirectorEducation Law Center60 Park Place, Suite 300Newark, NJ 07102973-624-1815, ext. 24skrengel@edlawcenter.org

Steve Hinnefeld, a regular commentator on education in Indiana, regrets that Amy Coney Barrett was not asked about vouchers during her hearings.

He notes that she served on the board of a Catholic school in Indiana that received state voucher funds and that openly discriminated against same-sex families.

Barrett served from 2015-17 on the board of Trinity School at Greenlawn, a South Bend Catholic school, the New York Times reported. Trinity had a policy during Barrett’s time on the board that effectively prohibited same-sex couples from enrolling their children in the school, according to the Times.

That would seem to cast doubt on Barrett’s claim in her confirmation hearing that she had “never discriminated on the basis of sexual preference” and would not do so. It also raises policy questions about whether publicly funded institutions should practice discrimination.