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Military man Mike Miles has launched his overhaul of Houston’s public schools, and parents and teachers are alarmed. Miles previously failed in Dallas, but that has not dimmed his authoritarian style. Trained for school leadership by the Broad Academy, which admires authoritarian style, Miles was imposed on Houston as part of a state takeover.

The state education department is led by non-educator Mike Morath but controlled by Governor Greg Abbott. Abbott hates Houston, because its a Democratic city. The takeover was triggered by the “failure” of one high school, Wheatley, which enrolls higher proportions of students with disabilities than other high schools. Miles, however, has far exceeded his mandate by firing the staff at 29 schools—not just Wheatley—and telling staff to re-apply for their jobs. Miles now sees himself as an education expert and has declared his grandiose ambition to create a “New Education System” (NES), to show the nation how it’s done.

Parents, teachers, and students at the schools that Miles is disrupting are outraged.

The Houston Chronicle reports:

Elmore Elementary School was never perfect, but Kourtney Revels felt prospects were improving for the northeast Houston campus. A new principal, Tanya Webb, had taken the helm in December, and while Revels didn’t approve of every move she made, she admired the newcomer’s initiative.

Revels and other parents had long been frustrated, for example, that the school bus would often arrive late in the afternoon because kids would act up on board. So the principal took matters into her own hands — she, or another staff member, began riding the bus home with students, to make sure their behavior stayed in line. Now, Revels’ third grader, Judith, arrives home faster from school.

“Going that one extra mile took a burden off of parents who were waiting an hour, two hours, three hours for their kid to come from down the street,” Revels said.

It remains to be seen if Elmore parents can count on the practice to continue. Webb, along with the majority of staff members at 28 other schools in northeast Houston, has to reapply for her job as part of a major shakeupannounced by new Superintendent Mike Miles on his first day in office. 

“I do see a little bit of turnaround since she came in this year but she’s only been here since December,” Revels said. “And now she has to reapply for her job.”

Parents, students and community activists gather near Pugh Elementary School to protest the potential replacement of their children’s teachers by HISD on Thursday, June 15, 2023 in Houston.
Nallely Garza make a sign as she joins parents, students and community activists near Pugh Elementary School to protest the potential replacement of their children’s teachers by HISD on Thursday, June 15, 2023 in Houston.

Radical changes

The 29 schools in the New Education System program that Miles announced on June 1 will likely look radically different when doors open to students on Aug. 28. For starters, kids might be greeted by an entirely new roster of teachers, administrators and support staff; all employees besides custodians, cafeteria workers, bus drivers and nurses have to reapply for their jobs.

Miles has already said that librarians will likely be removed from NES schools, though he promised that they, along with all other teachers, principals, assistant principals and counselors who are already under contract, will be guaranteed similar jobs with the same salary at other schools if they are not brought back. Other staff members have received no such guarantees.

Teachers who do return will make over $90,000 after factoring in various stipends offered for teaching at high-need schools, and be supported by teaching apprentices and learning coaches who will handle much of the supplementary work such as grading and classroom preparation.

The application process is already underway for principals and teachers. NES principals will be selected by June 23, and teachers by July 3.

But staffing changes are just part of the transformation coming to NES schools. Curriculum will be standardized across campuses and lesson plans prepared for teachers in advance. Classes will be recorded via webcam, and students who are pulled from class for disruptive behavior will be sent to another room to watch the streamed class. Magnet offerings such as STEM and dual language programs “will be evaluated on a case-by-case basis” and may be cut.

Emails shared with the Houston Chronicle from principals to their staff suggest school leaders will be observing teachers every day, and that schools will be open from 6:30 a.m. to 5 p.m. each day for free childcare before and after school, with teachers serving four supervisory shifts per month. Miles is also bringing the Dyad program that he had introduced at his charter school network, Third Future Schools, to the NES schools, in which community members will teach students in extra-curriculars, such as sports or arts twice a week, according to emails shared with the Chronicle.

Miles says the changes put students’ most fundamental needs at the forefront by allowing teachers to focus purely on instruction.

“We will be aligning our resources—especially our most effective teachers and principals—to better serve students in underserved communities,” Miles said. “For students who need to catch up and in schools that have failed for years, we will be offering more instructional time.”

Miles has repeatedly stated that he understands the concerns emanating from many in the HISD community, but that he hopes improvements at the schools will eventually win their trust.

“Change brings some anxiety, and there will be some anxiety most of the summer, probably, but we will keep putting information out there so that we can turn that anxiety into hope,” Miles said during his first week in office.

‘Pugh es nuestra familia’

Several parents at Pugh, Martinez and other northeast Houston elementary schools gathered Thursday morning with their children at the Denver Harbor Multi-Service Center to protest the potential removal of teachers from their A-rated schools, before traveling to HISD headquarters to bring their complaints to the district. Children held signs with their teachers’ names — Ms. Rodriguez, Ms. Arguelles, Mr. Infante — and pleas to keep them in place. “Pugh es nuestra familia,” one sign read.

“Every morning, everyone from the principal to the office staff, custodians and cafeteria workers, they greet our children with a smile. I think the kids forget the problems they have at home when they go to school. We don’t want new teachers, we want the same teachers because they’ve been our second family at Pugh,” said Nancy Coronado, a parent volunteer at Pugh for 13 years, in Spanish.

Her son, Ricardo Delgado, graduated from fifth grade at Pugh this year. He discussed his favorite teacher, Ms. Lopez, and how she was a warm, familiar presence to him even before he’d ever taken her class. Now set to start at the Baylor College of Medicine Academy at Ryan Middle School in the fall, Delgado credits Ms. Lopez with teaching him the reading skills he’ll need in middle school.

“If other teachers come, it wouldn’t be the same because she’s been there since I was 6 years old,” Delgado said.

The plan to have teachers reapply for their job has left other Houston parents with mixed feelings. Karmell Johnson, a Fifth Ward mother of three students at NES schools, said there are “pros and cons” to the situation. She welcomes the opportunity to remove under-performing teachers, but worries that some effective teachers, who understand the community they’re serving in and may have formed bonds with students, may be caught up in the mix.

“It’s an emotional roller coaster. Once a bond is established and they rip that out, the kids have to get used to their teachers, the teachers have to get used to the schools, and it’s going to take some time. It’s going to be uncomfortable for everybody,” Johnson said.

Uncertain future for teachers, staff

At many NES schools, however, teacher and principal turnover has already become a fact of life. It was only 10 years ago that North Forest High School was completely reconstituted when the Texas Education Agency ordered North Forest ISD to be absorbed into Houston ISD, and after a brief upswing, it has failed 80 percent of its TEA evaluations since (it passed this year with a C). Wheatley High School replaced a significant portion of their teachers just last year.

Ainhoa Donat, a bilingual fourth grade teacher at Paige Elementary, said she worked with a different fourth-grade colleague in each of her six years at the Eastex/Jensen school.

Donat said she was told by her principal that the school would no longer offer a bilingual program, and that she was welcome to apply for a standard teaching position at the school (the district, in a statement, said that NES schools “will now have a dedicated English Language Arts block for English language development,” which “includes bilingual support for emerging English speakers based on their proficiency level”).

With 16 years of experience at HISD under her belt, the extra money being offered wasn’t enough for Donat to overcome the indignity of being blamed for the school’s low performance. She’s currently in the process of applying for a bilingual job at another HISD campus.

“I have a lot of experience and I work super hard, so when I went to that meeting and the superintendent (basically) said ‘you didn’t do your job,’ I felt really humiliated,” Donat said.

One longtime teacher at Martinez Elementary School, who asked to remain anonymous out of fear of retribution, said she worries that the financial incentives may “entice the wrong people.”

“I would give it back to stay at Martinez,” she said. “There are some teachers who are all about the money… but not at our school.”

The fear is even more acute for support staff, who aren’t guaranteed positions.

One administrative assistant, who has worked for over 20 years at an NES elementary school and also asked to remain anonymous, said she may be forced to retire early if she isn’t rehired. The assistant has spent almost her entire career with HISD and doesn’t know what else she could do.

She wonders who will manage the payroll, procure supplies for teachers, plan field trips and do all the other unseen tasks that keep a school running if support staff are eliminated.

“All I’ve ever known is HISD, getting up and going to work at these schools. We’re not here for the money, we’re here for the children,” she said. “You talk about the children but what are you doing for them? You’re taking their teachers away, and its very upsetting.”Parents, students and community activists gather near Pugh Elementary to protest the potential replacement of their children’s teachers by HISD on Thursday, June 15, 2023 in Houston.Brett Coomer/Houston Chronicle

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Sam González Kelly is a reporter for the Houston Chronicle.

You can reach Sam at sam.kelly@chron.comVIEW COMMENTS

The state takeover of the Houston Independent School Board involved firing the elected school board, replacing them with a state-picked board, and hiring a new superintendent who was never a teacher but is a military man, a Broadie, and a failure as Dallas superintendent.

The new school board held its first meeting and set up only 35 seats for the public. The room holds 310 people. Everyone else was shunted to a room where they could watch the meeting on a screen. One man who registered to speak was handcuffed when he insisted on entering the room where the board was neeting.

The board unanimously agreed that superintendent Mije Miles should be allowed to serve even though his state license had lapsed in 2018.

This meeting exemplified the state’s contempt for public schools, and its complete indifference to the public, which has a stake in public schools. The public schools belong to the public, not to Republican politicians in Austin.

Only days ago, the Network for Public Education released a report on the growth of Christian nationalist charter schools. It is titled “A Sharp Turn Right: A New Breed of Charter Schools Delivers the Conservative Agenda.” Many of these charters are affiliated with the far-right Hillsdale College, and call themselves classical academies. Their goal is to indoctrinate their students into extremist political views and to teach a rose-colored version of American history.

In Texas, a charter of this stripe is applying to the State Board of Education for the fourth time, hoping that new conservative members of the board will grant them a charter.

Edward McKinley of the Houston Chronicle reports:

Last summer, the Texas State Board of Education denied for the third time an application from Heritage Classical Academy to start a charter school in Northwest Houston. Heritage will try again next week, and although very little has changed about its application, its chances of success are now much higher.

Classical charter schools, like Heritage, have been on the rise nationwide and in Texas as parents seek an alternative to “woke” lessons and themes in public schools, namely the promotion of diversity and inclusion, viewing America’s history through a more critical lens, and discussion of LGBTQ topics in classrooms. And earlier this year, the Texas Legislature advanced several bills to bring more Christianity into public schools, part of a related national movement.

Heritage Academy is pitched as a return to an old-school type of education, involving training in rhetoric and public speaking, learning Greek or Latin and reading foundational texts.

Texas Education Agency Commissioner Mike Morath has already approved Heritage, as he did the preceding three years. But before the school can open, the State Board of Education is allowed an opportunity to veto it. Next week state board members will interview officials from Heritage on Wednesday before a planned Friday vote.

Heritage is affiliated with Hillsdale College, a conservative Christian university that refuses federal assistance so that it doesn’t have to comply with Title IX or other federal regulations, through its Barney Charter School Initiative.

The program provides curricula and assistance to help launch classical charter schools around the country. Its “1776 Curriculum” teaches that America is morally exceptional to other countries and offers lessons on American history through a conservative bent, including descriptions of the New Deal as bad public policy and of affirmative action as “counter to the lofty ideals of the Founders.”

The school was voted-down initially in 2020 for including books on its curriculum for primary grades that some board members criticized as containing racist themes. Aicha Davis, a Democrat from Dallas who serves on the state board, last year described Heritage as “extreme” and “one of the most controversial applicants that we’ve had because of the curriculum and ideas they wanted to push.”

The academy’s board president and main financial backer is Stuart Saunders, a wealthy Houston lawyer and banker. Saunders has complained of Critical Race Theory and inappropriate sexual content in public schools, including at his son’s school, which he said inspired him to found Heritage. He has pledged $1 million from his foundation to the school, if approved.

After the state board denied the school for the second time, Saunders and his family donated more than $250,000 to a political action committee called Texans for Educational Freedom. That PAC then donated more than $500,000 to local school board races and other candidates who have promoted conservative themes in the schools.

The group donated in four State Board of Education races, including well over $100,000 total in successful bids to unseat state board members Sue Melton Malone and Jay Johnson, Republicans who voted with Democrats in opposition to Heritage. Board members questioned Saunders about this during a public hearing last year.

“Whereas that’s undoubtedly legal, it really appears to be unethical. It appears like you’re trying to remake this board after last summer when you were denied this charter school for the second time,” former board member Matt Robinson, R-Friendswood, said during last year’s board meeting.

Last year, Heritage’s lobbying efforts backfired and became a factor in the board’s decision to reject the charter, although Saunders told state board members he didn’t know Texans for Educational Freedom would donate to state board races.

This year the story could be different.

Robinson is now gone from the state board, as his home was drawn-out of his district by the Legislature. So are Melton Malone and Johnson. All three have been replaced by more Republicans who are thought to be more friendly to charter schools.

Each of the new members campaigned on fighting Critical Race Theory in classrooms, and they are known to be friendlier to “school choice” policies. Their presence on the state board already led to a flip-flop earlier this year on the board’s position on private school vouchers….

Texans for Educational Freedom then reported spending nearly $200,000 to support the campaign of Republican LJ Francis last year, a massive amount for a state board race.

Francis won his race by 1,665 votes, or 0.4 percent of the total, flipping his board seat from blue to red and putting yet another charter-friendly face on the board. Francis joined Gov. Greg Abbott at a speaking event at a San Antonio private school to promote the governor’s school voucher plan. Francis did not respond to a request for comment.

Heritage said in this year’s application to the Texas Education Agency, which was approved by Commissioner Mike Morath, that it expects to serve 1,056 students at capacity, primarily nonwhite students. Its goal is to bring classical education, including “instruction in moral virtues” to “the most disadvantaged students of Northwest Houston.”

A recent analysis from the Network for Public Education found classical schools nationwide are disproportionately wealthy and white, with just 17 percent of students eligible for free or reduced-price school lunch.

Board members have also questioned Heritage’s connection with Hillsdale College, which doesn’t fund or govern schools directly, but provides curriculum and consulting.

Hillsdale has a long history of cozy relationships with the political right. For instance, Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas — who reportedly lobbied to overturn the 2020 presidential election — is a former vice president at the college.

With the four new state board members installed, Heritage’s plan to provide a conservative curriculum that dovetails neatly with an understanding of the United States as a fundamentally Christian nation could be a selling point, rather than a bug.

Texas Republicans have promoted policies introducing more Christianity into public schools, whether it be through more prayer, displaying the Ten Commandments in each classroom or allowing chaplains to serve as school counselors. This is part of a nationwide trend spurred on by a U.S. Supreme Court decision last year weakening the legal case against it.

Texas operates under the theory that if students always have the Ten Commandments in their classrooms, have ample opportunity to pray during the school day, and read the Bible as often as possible, that will cure the social ills of the state: no more murders, no more suicides, no more abortions, no more adultery, no more rapes, no more crime. You get the picture. Meanwhile the state has removed all gun control. Gun buyers don’t need a permit and they can carry their weapon in public. More of that all-time religion will fix things.

If not, the people of Texas should throw these self-aggrandizing frauds out on their ears.

California Governor Gavin Newsom has been blasting away at knuckle-headed Republican governors like Ron DeSantis and Greg Abbott for their cruel indifference to other people. He’s already suggested he may sue DeSantis for kidnapping, after Florida sent two private planes with Venezuelan immigrants to Sacramento. Now, he’s going after Abbott for his refusal to take action against gun violence.

He wrote:

Texas… where elected officials are relying on Winnie the Pooh to teach their kids about active shooters because they don’t have the courage to keep our kids safe.

Tweet from Gavin Newsom: 'Winnie the Pooh is now teaching Texas kids about active shooters because the elected officials do not have the courage to keep our kids safe and pass common sense gun safety laws.'

Texas… where Greg Abbott signed a law to send DNA kits to parents of school children so their bodies can be identified after a shooting.

Tweet from Gavin Newsom: 'Greg Abbott’s solution to gun violence? Send DNA kits to schools so parents can identify their kids’ bodies AFTER they’ve been shot and killed.'

Guns are the leading cause of death for kids in America. Kids!

We’re not talking about accidents, or cancer or something unpreventable. We know the steps to take to save our kids lives. But leaders like Greg Abbott lack the courage to act.

Until then… It’s Winnie the Pooh for Texas families.

Gavin Newsom

If you read only one article today, read this one. It’s powerful and poignant. The article was written by Forrest Wilder and appears in the Texas Monthly, a terrific publication.

To understand why Republican legislators from rural districts helped to defeat vouchers in Texas, read this article about the schools of Fort Davis in Jeff Davis County in rural West Texas. The superintendent is a bedrock conservative who is dead set against vouchers. His schools are on the verge of bankruptcy due to the state’s Byzantine school-finance system. The state government doesn’t care. At the end, you will understand Governor Abbott’s long-term goal: to eliminate property taxes and completely privatize education.

Texas doesn’t have a mile-high city, but Fort Davis comes close at 4,892 feet. The tiny unincorporated town is nestled in the foothills of the Davis Mountains, where bears and mountain lions and elk stalk among pine-forested sky islands. Fort Davis is the seat of Jeff Davis County, whose population of 1,900 is spread among 2,265 square miles, 50 percent bigger than Rhode Island. The sparsely populated desert country of Mongolia has nearly seven times the population density of Jeff Davis County. Odessa, the nearest city to Fort Davis, is two and a half hours away. The state Capitol is six and a half.

For Graydon Hicks III, the far-flunged-ness of Fort Davis is part of its appeal. He likes the high and lonesome feel of his hometown—the “prettiest in Texas,” he says. But these days, it has never felt further from the state’s political center of gravity.

For years, Hicks, the superintendent of Fort Davis ISD, has been watching, helplessly, as a slow-motion disaster has unfolded, the result of a flawed and resource-starved public-school finance system. Over the last decade, funding for his little district, which serves just 184 K–12 students, has sagged even as costs, driven by inflation and ever-increasing state mandates, have soared. The math is stark. His austere budget has hovered around $3.1 million a year for the past six years. But the state’s notoriously complex school finance system only allows him to bring in about $2.5 million a year through property taxes.

Hicks has hacked away at all but the most essential elements of his budget. More than three-quarters of Fort Davis’s costs come in the form of payroll, and the starting salary for teachers is the state minimum, just $33,660 a year. There are no signing bonuses or stipends for additional teacher certifications. Fort Davis has no art teacher. No cafeteria. No librarian. No bus routes. The track team doesn’t have a track to train on.

But Hicks can’t cut his way out of this financial crisis. This school year, Fort Davis ISD has a $622,000 funding gap. To make up the difference, Hicks is tapping into savings. Doug Karr, a Lubbock school-finance consultant who reviewed the district’s finances, said Fort Davis ISD was “wore down to the nub and the nub’s all gone. And that pretty much describes small school districts.”

“I am squeezing every nickel and dime out of every budget item,” Hicks said. “I don’t have excess of anything.” When I joked that it sounded like he was holding things together with duct tape and baling wire, he didn’t laugh. He said: “I literally have baling wire holding some fences up, holding some doors up.”

The district’s crisis comes at a time when the state is flush with an unprecedented $33 billion budget surplus. Hicks is a self-described conservative, but he thinks the far right is trying to destroy public education. For years, the state has starved public schools of funding: Texas ranks forty-second in per-pupil spending. And yet Governor Greg Abbott is spending enormous political capital on promoting a school voucher plan, which would divert taxpayer funds to private schools. Public education, Abbott has repeatedly said, will remain “fully funded,” though public-education spending is lower now than when he took office in 2015, and the Legislature recently passed a $321.3 billion budget with no pay raise for teachers and very little new funding for schools. Unable to get his voucher plan through the regular legislative session, Abbott is threatening to call lawmakers back to Austin until he gets his way.

Lieutenant Governor Dan Patrick, long a champion of vouchers, is backing legislation that would attempt to appease rural Republican legislators—a bloc long wary of vouchers—by offering $10,000 to districts that lose students to private schools. Hicks can barely contain his anger when he hears such talk. He has been lobbying state leaders for years to fix the crippling financial shortages that plague districts like his. “Take your assurances and shove ’em up your ass,” he says, before softening a bit. “I’m so tired. I’m so frustrated. We have tried. I have fought and fought and fought.”

With each passing month, his rural district inches closer to financial ruin. If nothing changes by next summer or fall, Fort Davis will have depleted its savings. He doesn’t know the exact day that his school district will go broke, but he can see it coming.

It’s easy enough to grasp the basic problem in Fort Davis. But what’s going on beneath the surface is another story.

During my twenty years of reporting on Texas politics, I’ve often heard that only a handful of people in the state understand the school-finance system, with its complicated formulas, allotments, maximum compressed tax rates, guaranteed yields, and “golden pennies.” A former colleague of mine, who once spent months trying to make sense of the topic, warned me against writing about it. Karr, the school finance consultant, compares the process of making sense of our public education funding to encountering a fire at a roadside cotton gin on some lonely West Texas highway. “You drive off into that smoke and you might never drive out,” he said. “You might end up getting killed.”

A thorough explanation of the system is the stuff of graduate theses, but the broad strokes are straightforward enough. How a school district is funded begins with two key questions: How much money is the district eligible for? And who pays for it?

Here it’s helpful to use a venerable school finance analogy: buckets of water. The size of a school district’s bucket—how much money it’s entitled to—is largely determined by the number of students in attendance. Every district receives at least $6,160 per pupil, an amount known as the basic allotment, an arbitrary number dreamed up by the Legislature and changed according to lawmakers’ whims.

At this point in the article, Wilder goes into the intricacies of school finance in Texas. Very few people understand it. All you need to know is that some districts are lavishly funded while others, like Fort Davis, are barely scraping by and may go bankrupt.

Hicks is not alone in thinking the opaqueness is intentional. “They make it just as complicated as they can,” he said of state officials. “Because how do you explain something so complicated to the average voter?” In other words, if constituents can’t easily grasp the perplexing and unnecessarily knotty framework, it’s tougher to hold officials accountable for budget decisions.

Though the spreadsheets may be head-spinning, they tell a story. In a state where some wealthy suburban communities build $80 million high school football stadiums, Fort Davis ISD is one of many rural communities literally struggling to keep the lights on.

I first heard from Hicks in March 2021, when he emailed state officials and journalists with a dire message: “What, exactly, does the state expect us to do? What more can we do? What more do our children need to be deprived of? At what point does our community break?” Hicks has received few answers, even as his situation has grown more desperate.

When I visited him in April, we met in his office, where he keeps a book on Texas gun laws, a photo of his West Point 1986 graduating class (which included Donald Trump’s secretary of state Mike Pompeo), and a list of quotes from General George Patton (“Genius comes from the ability to pay attention to the smallest details”). Hicks, who’s stout and serious and talks in a sort of shout-twang because of partial hearing loss, wore a cross decorated in the colors of the American flag. He was eager to show me the fine line he walks between fiscal prudence and dilapidation. The first lesson came as he stood from his desk and I noticed the holstered handgun on his hip. The district, he explained, can’t afford to hire a school security officer, so he and eleven other district employees carry firearms.

His family has been in the area since the 1870s, when federal soldiers still pursued Comanche and Apache from the town’s namesake garrison. His great uncle was one of the first superintendents of Fort Davis ISD. (At one point, Hicks showed me a copy of his great-uncle’s 1942 master’s thesis, “The Early Ranch Schools of the Fort Davis Area.”) Later, as we were walking around campus, Hicks’s ten-year-old grandson, a thin fourth-grader wearing blue-rimmed glasses and blue jeans tucked into a pair of cowboy boots, ran up to Hicks and gave him a hug.

Fort-Davis-Superintendent-Graydon-Hicks-grandson-Dirks-Anderson-Elementary-School-BW
Superintendent Hicks hugs his grandson in the hallway at Dirks-Anderson Elementary School in Fort Davis.Photograph by Maisie Crow

Both the elementary school and the high school—where Hicks graduated in 1982—were built in 1929, Hicks explained. Walking through their timeworn hallways is to step back in time. In places, the plaster is flaking off the original adobe walls. The elementary school gym floor is bubbling up because of a leak under the foundation. The wooden seats in the high school auditorium have never been replaced. The urinals in the elementary school are original too. The newest instructional facility, a science lab, was built in 1973. In the summer, Hicks mows the football field, the same one he played on five decades ago. “Every bit helps,” he said.

The funding challenges create all manner of ripple effects. Hicks has trouble recruiting and retaining teachers, and some students drift away from school without extracurriculars to hold their interest. “You lose teachers, then you start losing kids, and then your funding gets worse,” he said. “It’s a circle-the-drain kinda thing. And it’s really speeding up for Fort Davis.”

The first problem is the size of the district’s bucket. For the last decade, TEA has calculated that Fort Davis’s Tier I annual allotment is between $2 million and $2.5 million, well short of its already spartan $3.1 million budget.

And then there’s the matter of how that bucket is filled. In the 2011–2012 school year, the state covered two-thirds of Fort Davis’ entitlement, about $2.1 million. Today, it chips in about $150,000, a 93 percent decrease. How to explain that change?…

In June 2019, the Big Three figures in state government—Abbott, Patrick, and then–House Speaker Dennis Bonnen—gathered at an elementary school in Austin for an almost giddy bill-signing ceremony. As a bipartisan group of lawmakers watched, Abbott signed into law House Bill 3, an $11.6 billion package of property tax cuts and education funding that had received near-unanimous support in both the House and Senate, a rarity in the highly polarized Legislature. “This one law does more to advance education in the state of Texas than any law that I have seen in my adult lifetime,” said Abbott.

For almost a year, an appointed commission of experts had met to discuss how to overhaul the school-finance system, issuing a report in December 2018 that called on the Lege to “redesign the entirety of our state’s funding system to reflect the needs of the 21st century.” HB 3 was the by-product of that prompt. Lawmakers rejiggered many of the system’s outdated formulas, offered pay raises to teachers, fixed some of the most glaring inequities, and reduced the amount of money recaptured by the state from property-wealthy districts. Most important, HB 3 represented a much-needed infusion of cash for struggling schools. The basic allotment was raised from $5,140 to $6,120 per student.

But HB 3 also exacerbated disparities among property-wealthy and property-poor districts. Because of changes to the way Tier II enrichment funding works, some communities were able to cut tax rates and generate significant new revenues from their tax base. For others, a minority of districts, HB 3 actually created new problems. Around 10 percent of districts saw a decrease in formula funding. This year, Alpine has $220,000 less than it would have had under the old system, even as some of the richest districts in the state—tiny West Texas communities with lots of oil wealth—saw their funding explode. Rinehart contrasts Alpine, which has almost no mineral wealth, with Rankin ISD, 130 miles northeast in the Permian Basin oil patch. While Alpine’s funding went down 2 percent, Rankin’s went up 339 percent. Even though Rankin is projected to return close to $100 million in recapture payments to the state this year, the district is fabulously wealthy. “Alpine’s budget is $10 million,” Rinehart points out. “Rankin’s is $14 million. We educate a thousand kids and they educate three hundred kids. So they are a third of our size and have a budget 40 percent larger than ours.”

Rinehart doesn’t begrudge Rankin’s wealth—she recently served as assistant superintendent there—but uses the Alpine–Rankin comparison as a “wild” example of how HB 3 exacerbated inequities, making the rich richer and the poor poorer.

Hicks, too, has noticed. “Rankin just built a whole new school,” he told me. “They got a new fieldhouse, a new gym. Two new science labs. A turf practice field, a turf game field. A new track, a new stadium. And my buildings were built in 1929.” Rankin is planning to build ten new “teacherages”—district-funded housing for teachers, important to attracting and retaining talent in areas with scant or affordable residences.

Jeff Davis County, on the other hand, has no oil and gas and very little industry; any school debt would thus be borne by homeowners through bonds. Hicks’s district has never issued a bond, in part because it would be unlikely to pass; the voters wouldn’t support a tax increase. The school’s ag barn was built in 2019 with local donations. The band program, suspended for nine years as a cost-saving measure, was only revived in 2023 after a philanthropist left his estate to the school.

To be sure, Alpine and Fort Davis are outliers. Most districts saw an immediate boost to their finances from HB 3, and advocates celebrated a meaningful investment in public education after $5.4 billion in devastating cuts in 2013. But even for those districts, the sugar rush from HB 3 didn’t last long. According to Chandra Villanueva, the director of policy and advocacy at the progressive nonprofit Every Texan, the $1,000 increase in the basic allotment was “roughly enough to cover one year of inflation….”

The property tax system and the school finance system are inextricably linked, Rube Goldberg–style. Twist a dial here and a light will come on over there. Slip a gear here and spring a leak there. As state lawmakers have prioritized tax cuts over public education funding, the trade-offs have grown clearer. This year represents a potential turning point. But rather than trying to solve the problem using the $33 billion budget surplus—a generational bonanza—Abbott and Patrick have overwhelmingly focused their attention on property tax cuts and a school-voucher plan loathed by almost everyone in public education, in part because it would threaten to strip even more funding from school districts.

The just-completed regular session was a bloodbath. The 88th Legislature began in January with the governor and lieutenant governor promising to pass a transformative voucher program and a record-setting $17 billion in property-tax cuts. Funding for public education, often a banner issue, was scarcely discussed. Even the House, the friendlier chamber toward public education, only proposed raising the basic allotment by $140, from $6,160 to $6,300 per student—far less than the $1,500 increase needed to keep up with inflation since 2019, according to the Texas American Federation of Teachers. But in the end, teachers and public schools got virtually nothing.

Teachers and administrators were stunned. Zeph Capo, the president of Texas AFT, called it a “joke.” HD Chambers, the executive director of the Texas School Alliance, accused Patrick and Abbott of playing a “hostage game” with Texas’s teachers and public school students by tying education funding to vouchers. “It’s pretty simple. The governor and Senate says, ‘If you don’t give us the kind of vouchers we want, we’re not giving you any money.’” The House refused to budge, and the regular session concluded without a deal on property tax relief, vouchers, and other GOP priorities.

Now, the governor has promised to convene multiple special sessions to take up the unresolved issues. The first special session began three hours after the regular one ended, and effectively wrapped up less than 24 hours later, with the House rejecting the Senate property-tax plan, passing its own program consisting solely of property-tax compression, and then abruptly adjourning. Abbott threw his support behind the House plan. The message to the Senate was clear: take it or leave it. If the Senate yields, the House version would push some school districts down to as low as $0.60 per $100, with no new source of revenue to backfill for the reduced funding in case of a bad economy.

Abbott has said his goal is to completely eliminate the main school property tax. In such a scenario, Texas’s thousand-plus school districts would be at the mercy of the Legislature for funding—a troubling scenario, says Villanueva. She suspects vouchers would then become inevitable. “At that point, it’s like, ‘You know what, we don’t have the money to fund schools. Everyone take five thousand bucks, figure it out for yourselves.’”

That day, if it ever comes, may still be far off. But the education system is in crisis right now, and unlike previous hard times, the state is flush with cash. The pain, Chambers says, is being intentionally inflicted by Abbott and Patrick. “Because of this one pet project that the governor has”—vouchers—“they are purposely creating a financial environment where every school district in Texas is being set up to fail.”

The result is that Texas schools, already operating on “shoestring budgets,” will have a harder time attracting and retaining educators, said Josh Sanderson, the deputy executive director of the Equity Center, a nonprofit that represents six hundred Texas school districts. They will run up deficits. They may have to cut extracurriculars and athletic programs. Some, like Fort Davis, may become insolvent and be forced to consolidate with another district, an often painful process.

As we were sitting in his red pickup with the engine idling outside his office, Hicks told me that he’d given up on lobbying the Legislature. He mentioned again that Patrick and other GOP lawmakers are trying to destroy public education by using vouchers to privatize schools, and he said that most other politicians “don’t give a shit about West Texas.” But for the time being he was still fighting: writing op-eds, firing off plaintive missives, asking concerned citizens to contact their legislators.

Toward the end of our visit, I asked Hicks what’s going to happen to his schools. “I don’t know,” he said. “I’m not patient enough to spend time with assholes in Austin, and I’m not rich enough to buy any votes.” TEA has suggested consolidating with another district—most likely nearby Valentine ISD—but Hicks said this would harm both Fort Davis and the other district.

He seemed resigned to his role as a Cassandra warning of impending doom, destined to be ignored. He reminded me that his grandson goes to school here, and that the painful road ahead feels both personal and existential. “If you don’t have a school,” he said, “you don’t have a community.”

Two months later, Hicks called me with some news. He’d decided to resign this summer, joining the mass exodus of school leaders that have fled the profession in the past few years. To anyone who closely follows public education in Texas, his reasoning was tragically familiar: He said he was too tired to fight anymore.

Nancy Goldstein writes in the Texas Observer about her pleasure in watching the state’s Republican-controlled House of Representatives impeach Ken Paxton, the state’s Attorney General. Paxton, a stalwart MAGA-man, has been under indictment for corruption for eight years. Eight years! Paxton is the Trump ally who filed a lawsuit after the 2020 elections, joined by other Republican attorneys general, to throw out the votes of states that Biden narrowly won. The Supreme Court rejected his suit, saying that Texas had no standing to sue.

For another account of Ken Paxton’s pickle, read this story in The Texas Tribune.

Was yesterday’s performance by the Texas House of Representatives intended to restore public faith in the body’s commitment to the rule of law? Separate the good cops in the GOP from the bad cops? Or prove that a legislature that spent a year cravenly ignoring the pleas of Uvalde victims’ relatives for common-sense gun safety laws before rejecting them outright while rushing through an attempt to put the Ten Commandments in every classroom isn’t really the 10th circle of hell? If so, the hearing leading up to a 121-23 vote to impeach Attorney General Ken Paxton for corruption was an epic fail.

What the public saw—regardless of the lawmakers’ intentions—were the open of fissures that have more to do with pride and power than justice. It was a cross between the state’s largest intra-party catfight and its most public self-inflicted gunshot wound, as the bad blood between Paxton and Texas House Speaker Dade Phelan, who serve as proxies for Trump and Republicans trying to distance themselves from Trump in advance of next year’s elections, finally spilled out into the open.

The lineup featured, on the one hand, GOP representatives who suddenly had a lot of worries about “due process,” “precedent,” and “evidence” that had not been evident while banning abortionand stripping transgender youth and their families of access to healthcare. Opposing them were those GOP colleagues who solemnly intoned about what appears to be their newly discovered “obligation to protect the citizens of Texas from elected officials who abuse their office and their powers for personal gain.”

Various media outlets, and a few of Paxton’s defenders, have made much of the lightning speed of this past week. But while it may have been mere days between the Republican-led House General Investigating Committee’s announcement of their investigation and their unanimous vote to introduce 20 articles of impeachment to the full House for Saturday’s hearing and impeachment vote, Paxton has been under felony indictment for securities fraud since he became attorney general in 2015. The FBI had been investigating Paxton on allegations that he used his office to benefit a wealthy donor, Nate Paul, since late 2020. Only in February of this year did the Department of Justice take over that probe, breathing new life into it.

Paxton’s overreach the next month, in March of this year, appears to have been the second-to-last straw. According to the committee’s own memo, released the day before the full House hearing: “But for Paxton’s own request for a taxpayer-funded settlement over his wrongful conduct, Paxton would not be facing impeachment.” Not, please note, the wrongful conduct—that is, Paxton’s firing of four whistleblowing members of his own senior staff after they accused him of using his office to help out Paul. Nor Paxton’s decision this past spring to pay $3.3 million to settle out of court. Or even the $600,000 the House spent defending Paxton. But Paxton’s request that taxpayers pay that $3.3 million—and that his fellow GOP colleagues go on record approving that request.

The final straw? Paxton, likely knowing that Phelan was going to try to gloss this most recent disgusting legislative term by ending it on a high note, called on him to resign last week over alleged drunkenness—via a tweet. Making it look super-extra-duper political when the House General Investigating Committee revealed that afternoon that it had been investigating Paxton in secret since March. The committee then heard a three-hour presentation from its investigators detailing allegations of corruption against the attorney general and voted to forward 20 articles of impeachment to the full House.

Believe me when I say that I, like many people who have been burned by the Texas GOP’s seemingly endless appetite for cruelty, ignorance, and hypocrisy, felt a certain satisfaction as I watched yesterday’s coverage of it setting itself on fire. Top moment? When the first group to appear outside the Capitol in Austin in response to Paxton’s call for supporters to turn out was around 100 people preparing for the “Trot for Trans Lives,” a 5K run held in support of transgender Americans affected by the waves of anti-trans rights legislation passed in recent years, including by Texas lawmakers.

Small pleasures aside, none of this is as satisfying as it sounds, nor do I think it will end well. First of all, because of all the bureaucracy that lies ahead. Governor Greg Abbott, who has remained curiously silent this past week while he sticks his finger into the political wind, has 10 days to tell the Senate to start a trial. A trial that would be presided over by Paxton buddy arch-conservative Lieutenant Governor Dan Patrick, and that’s likely to be kicked down the road infinitely and/or end with an acquittal.

But ultimately because the bottom line is that while Paxton burns—or simmers or escapes entirely—and intra-party fighting and dirty laundry airing be damned, the members of the USA’s largest, richest, and most powerful wing of the GOP have screwed Texas on such a large, systemic level that they’ll still prevail. In the state, through control of both chambers and the governor’s seat, held in place by voter suppression and gerrymandering. Nationally, with courts packed with ideologues, including a Supreme Court that has already demonstrated its willingness to let Texas gut constitutional rights, overturn precedent, and play an enthusiastic role in the new national sport: playing on whatever field offers your agenda the best advantage. That means valorizing states’ rights when it’s convenient, or passing the ball to the Supreme Court if a federal ban looks more likely or appealing.

Call this, with apologies to Taylor Swift, the “Errors Tour” or, in a nod to the Ziegfeld Follies, “Hypocrisy on Parade.” Or let’s go “Paris is Burning” and give the representatives a Realness Award for their impersonation of legislators who seriously care about integrity, democracy, and the will of voters.

But whatever you do, don’t hold your breath waiting for justice.

The state legislature in Texas passed a bill that will place an expensive burden on the state’s 300 or so small small bookstores. The mandate is not only costly but almost impossible to comply with. The state wants every bookstore to rate every book they sell by its “sexual content” and to refuse to sell books with sexually explicit content to teachers, librarians, and school libraries. In addition, the bookstores are supposed to report whether they have ever in the past sold books with such content to teachers or schools.

Independent bookstores around Texas warn that a bill designed to rid school libraries of sexual content could have unintended consequences that devastate their businesses.

The bill, which received final passage in the Legislature this week and is awaiting Gov. Greg Abbott’s signature, requires booksellers to rate every book they sell to a school, librarian or teacher for use in their classroom. Books can be without a rating, “sexually relevant” or “sexually explicit,” and those with the explicit rating will be banned from schools entirely.

And by April of next year, every bookseller in the state is tasked with submitting to the Texas Education Agency a list of every book they’ve ever sold to a teacher, librarian or school that qualifies for a sexual rating and is in active use. The stores also are required to issue recalls for any sexually explicit books.

Many have expressed concerns that the bill is an effort to restrict books with LGBTQ themes or by Black authors. In addition, throughout the legislative process, independent bookstores repeatedly have warned that the bill misunderstands how book sales to schools work, is unworkable in its current form and could be harmful to small businesses.

“The First Amendment person in me says, ‘Why do we have to mark the books at all? ’ The business person in me says, ‘that’s going to be very hard to administer for the middle vendor,’ which we are,” said Valerie Koehler, owner of Blue Willow Book Shop in Houston.

Owners and employees of bookstores around the state have said they don’t have the staff or expertise to read and rate every single book they are selling to an educator, and they have no records to retroactively rate every book they’ve ever sold to a school. If the TEA finds that bookstores have been incorrectly rating books, they can be banned from doing business with charter schools or school districts, which might make up between 10 percent and a third of their business.

The bill was sponsored by Rep. Jared Patterson, R-Frisco. He dubbed it the Restricting Explicit and Adult-Designated Educational Resources act, or READER Act. The measure was born out of conservative fears in the last few years of sexual content in public schools. Many of the books that were subsequently identified as inappropriate were written for LGBTQ children and teenagers.

Patterson has said the bill was inspired by “Gender Queer,” a coming-of-age graphic novel that explores the author’s gender identity and personal sexuality.

“We’re not talking about a certain type of sexual activity. We’re talking about sexually explicit of any sort. It doesn’t belong in front of the eyes and in the minds of kids,” Sen. Angela Paxton, R-McKinney, said during a Senate debate Tuesday night. Paxton shepherded the measure through that chamber. [Senator Paxton is the wife of State Attorney General Ken Paxton, who was just impeached for multiple financial crimes by the Texas House.]

Paxton said the bill will mostly affect large vendors, as just 50 companies sell most books purchased by Texas public schools, and three giants are responsible for the bulk of titles in campus libraries.

“If vendors want to sell books in Texas, they certainly have a vested interest in making sure it’s done properly,” she added.

But while those large vendors may be able to more easily bear the extra costs associated with this bill if it becomes law, it will be more difficult for the roughly 300 independent bookstores in Texas that have much smaller profit margins overall than the giants.

It’s common for stores to offer discounts for teachers, librarians and schools, which means the margins on those sales are lower.

For example, a librarian might give the store a list of 150 books they want to buy, at an average of 200 pages each. If this bill becomes law, the store will need to pay someone to read and rate each of those books, and run the risk of being punished by the Texas Education Agency if they get it wrong.

This could either make it more expensive for schools to buy books or make such sales infeasible for small bookstores, said Elizabeth Jordan, general manager of Nowhere Bookshop in San Antonio. Her store had a goal of increasing its share of sales to schools to about 15 percent of its total business, she said, but that will no longer be possible.

“If I am selling a book to a school, I will have to have read the whole book to determine if it’s sexually relevant or sexually explicit. And both of those things, I think, are pretty subjective, and I might rate them differently than others might,” she said. “I don’t see why I would put myself at risk to do that. If all the onus is on me, all the liability is on me, and it’s not a job I’m trained to do or my employees are trained to do….

In addition, the bill requires stores to retroactively rate every book they’ve ever sold that is still “in active use by (a) district or school.”

“The way the bill is written right now is that not only can we get in trouble for what we sell to a school, we can get in trouble for something we sold 10 years ago to a school,” Koehler said.

The Texas legislature refused to pass voucher legislation!

Governor Greg Abbott said that getting a voucher law was his #1 priority in this session of the legislature. Republicans have a supermajority in the legislature but rural Republicans and urban Democrats blocked the bill. He pressured every Republican to back his bill.

Once again, vouchers failed to pass!

In rural Texas, public schools are often the only school in town and the biggest employer. Public schools are the heart of the community. Parents, aunts, uncles, and cousins went to the public school. The teachers are well known and respected. Rural Republicans said no to vouchers.

The Pastors for Texas Children have worked diligently to stop vouchers in Texas. PTC issued this press release today:

 

No Vouchers In Texas!

The Texas House of Representatives has once again stopped a private school voucher program in Texas.

Rep. Ken King’s public education funding bill, HB 100, was saddled in the waning days of the session by Lt. Gov. Dan Patrick with a one-hundred page Senate substitute calling for universal ESA vouchers. When the House refused to concur with the substitute, the bill was sent to conference committee where it died.

Although Gov. Greg Abbott made private school vouchers his #1 priority this legislative session, the House was crystal clear in their opposition to it. Three times throughout the session, they repudiated a voucher proposal.

First, the Herrero Amendment prohibiting tax money for private school vouchers passed the Texas House of Representatives during the budget debate on an 86-52 vote. Second, the House refused to grant the Public Education Committee permission to hold an impromptu meeting to push out Senate Bill 8 calling for a universal voucher. The final straw was when the committee failed to garner the votes to pass out SB 8. The plan died in committee.

That’s when the Senate, in a last-ditch effort, attached a comprehensive voucher program to HB 100 which would have provided much-needed funds for local public schools and well-deserved teacher pay increases.

Rep. King did not mince words: “Teacher pay raises held hostage to support an ESA plan. Teachers are punished over a political fight.”

This session’s rejection of vouchers is particularly powerful because Gov. Greg Abbott made the passage of a voucher policy an “emergency item” this legislative session, conducted a statewide campaign in anti-voucher House districts, and personally lobbied House members on the chamber floor to pass it.

“Vouchers are fundamentally unjust and inequitable,” said the Rev. Charles Foster Johnson, Founder and Executive Director of Pastors for Texans Children. “It is wrong for public tax dollars to be diverted to subsidize the private education of affluent children. To pay for religious education is an especially egregious violation of both the public trust and of God’s moral law of religious freedom.”

“Gov. Abbott has tied up the entire legislature this session, at the cost of millions of tax dollars, for his own petty personal political agenda. Sadly, his stated intention is to continue calling special legislative sessions until he bullies the House into submission.”

“There is only one way to deal with a bully: a firm, patient, courageous confrontation. Precisely what our morally oak-strong caucus of pro-public education rural Republican and urban Democratic House members can provide.”

The Texas State Constitution, in Article 7, Section 1, calls for the suitable provision for “public free schools.” There is no constitutional provision for public funding diverted to private schools.

Pastors for Texas Children is grateful that the Texas House of Representatives once again stood firm, as they have throughout the 30 year voucher debate in Texas, for the true conservative value of universal education for all Texas schoolchildren, provided and protected by the public.

 

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Pastors for Texas Children mobilizes the faith community for public education ministry and advocacy. http://www.pastorsfortexaschildren.com

PO Box 471155 – Fort Worth, Texas 76147

http://www.pastorsfortexaschildren.com

Jim Hightower is a gadfly who keeps stinging the Texas GOP in the backside. He was elected State Agriculture Commissioner from 1983-1991. I recently subscribed to his blog to get a deeper insight into the clowns who now control my native state. You might consider doing the same.

He writes here about the latest embarrassment to the state by its leading yahoos.

Cartoon via FFRF.org

Once again, the Texas Legislature leads by example! Erroneous and wrongheaded example, but, Bless Their Little Hearts, they’re just not real good at thinking complicated things through.

The present lawmaking adventure of the GOP-controlled Lege is an attempt to impose a militant brand of Christian Nationalism as the official public religion of Texas. Throughout history, such right-wing attempts to subvert a pluralistic society’s sense of the Common Good with the narrowest mindset of one particular pietistic group has led to both great harm and unintended hilarity. Indeed, the Lone Star State has a long and daffy history of getting the Bible jumbled up in public policy. In the 1920s, for example, Governor Miriam A “Ma” Ferguson rejected a proposal for bilingual education in our schools: “If English was good enough for Jesus Christ,” she explained, “it ought to be good enough for the children of Texas.”

Likewise, today’s trio of Republican numbskulls running our state government – the governor, lt. guv, and attorney general – are acting as Bible-thumping Pentecostals. Lt. Governor Dan Patrick recently rose up on his hind legs to proclaim that ours is “a Christian nation,” that “there is no separation of church and state,” and that God Almighty himself “wrote the Constitution.” To enshrine this religious absolutism into law, these sanctimonious Texas politicos are now enacting a dictate that all public schools must conspicuously display The Ten Commandments “in every classroom,” and the nitpicking autocrats even specify that the displays “must be at least 16-by-20 inches.” It’s rule by rulers.

TIDBIT: The sanctity of the Ten Commandments derives from its devotees contention that the instructions were literally handed down by God. So, every word is sacrosanct. Except “ass.” The 10thCommandment directs: “Thou shalt not covet thy neighbor’s house… wife… manservant… maidservant… ox… ass….” But the sponsor of the Texas bill, a self-righteous pissant of a senator named Phil King, took the ungodly liberty of removing ass from the holy version of the Lord’s Word. Thus, the children will be instructed by law to obey a religious code co-authored by Yahweh and Phil King. And, thanks to Phil’s red-ink editing pen, they will be morally free to covet their neighbor’s ass.

As proof that these Christian edicts are the holy foundation of US law, pushers of the public indoctrination of children point out that a frieze along the east Wall of the US Supreme Court is emblazoned with the numbers I through X. This shows, they assert, that our nation’s laws are derived from the higher authority of Christian commandments.

But – Holy Ma Ferguson! – they’re flaunting their ignorance. Those numbers refer not to the Bible, but to the Constitution, specifically the 10 Amendments that itemized our people’s original Bill of Rights. And remember that the very first one of those secular amendments prohibits government from enacting any law for the “establishment of religion.”

Note, too, that none of America’s founding documents (Declaration of Independence, Constitution, Federalist Papers) even mentions the Christian commandments. Finally, the various writers of the Bible itself don’t agree on the proper wording of the so-called commandments, how many there are, and what they mean.

DO SOMETHING!

To get the lowdown on the Ten Commandments (or is it 13? Or more?) The Freedom From Religion Foundation providesfactual insights and historical context for each one. FFRF is the leading source for tracking theocratic assaults on religious freedom and for providing how-to action items for battling right-wing efforts to turn our local, state, and national government into autocratic theocracies. Connect at ffrf.org.

Several red states have passed laws requiring people to use the public restroom that is aligned with the gender that appears on their birth certificate. Florida and Texas are the most recent states to pass such laws.

The intent, clearly, is to prevent trans people from using the bathroom that corresponds to their gender, which is not the one they were born with.

So, imagine this: a guy with stubble on his face and muscular biceps will use the women’s restroom, because he was born a she. And a beautiful woman wearing a dress, lipstick, and high heels will go to the men’s room, because she was born a he.

How will this law be enforced?

Clearly, every state with such a law must do two things:

1. Everyone must wear a replica of their birth certificate on a chain around their neck.

2. Every public restroom must have a genital guard to check birth certificates at the door. No birth certificate, no entry.

But with one exception:

In the event that a person wants to use a public restroom but forgot their birth certificate, the genital guard would take the person into a private cubicle and do a visual inspection, a genital check.

Of course, each state would have to hire thousands of genital guards for schools, cinemas, hospitals, restaurants, hotels, etc. It would be expensive but it would likely create full employment.