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charter schools
State-Level GOP Attacks on Public Schools Decried as 'Part of a National Playbook'
The latest Republican efforts include an Indiana bill to dissolve entire school districts where over half the students are enrolled in private or charter schools.
Jan 12, 2025
Critics are sounding the alarm on a fresh wave of attacks on public schools by Republican state lawmakers, calling their efforts part of a broader agenda to privatize public education.
Indiana's H.B. 1136—introduced by Reps. Jake Teshka (R-7), Jeffrey Thompson (R-28), and Timothy O'Brien (R-78)—would dissolve public school districts in which more than 50% of students attend private or charter schools based on fall 2024 averages. All remaining public schools in affected districts would be converted to charter schools, which are privately owned and operated but taxpayer-funded.
According toCapital B Gary, "The bill's provisions are estimated to dissolve five school corporations statewide, including Indianapolis Public Schools, Tri-Township Consolidated School Corporation in LaPorte County, Union School Corporation southeast of Muncie, and Cannelton City Schools near the Kentucky border in Perry County."
Indianapolis Public Schools (IPS) condemned the proposal,
saying it "strongly opposes House Bill 1136 or any bill this legislative session that threatens local authority and community control of public schools."
Anyone who believes that the Right only wants to bring "choice" and is not about destroying public schools, read this. (and please don't tell me that a charter school is a public school) www.chalkbeat.org/indiana/2025...
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— CarolCorbettBurris (@carolburris.bsky.social) January 8, 2025 at 5:16 AM
"H.B. 1136 proposes dissolving five school corporations, including IPS, by converting schools to charter status and eliminating local school boards," the district continued. "This harmful legislation would strip communities of their voice, destabilize our financial foundations, and further jeopardize the education of approximately 42,000 students."
IPS asserted: "H.B. 1136 threatens to cause massive disruption to our public school system, diverting attention and resources away from the vital education and support our students need to succeed. This legislation is not student-focused and fails to reflect the community's input on how they envision their public schools thriving."
"Instead of fostering growth and innovation, H.B. 1136 risks dismantling the very foundation that supports student success and community collaboration," the district added.
"H.B. 1136 threatens to cause massive disruption to our public school system."
The Indiana Democratic Party
said on social media in response to the bill: "The GOP supermajority is continuing their attacks on local public schools. This time, they're threatening to dissolve dozens of schools across the state into charters, leaving around a million Hoosiers without a traditional public school option."
"For years, many public schools have struggled with funds being diverted to charter schools with no accountability," the party added in a separate post. "Our public schools are the backbone of communities across the state, and we must protect them. More charter schools means less oversight for taxpayers."
Indiana state Sen. Andrea Hunley (D-46), a former IPS teacher and principal, told Capital B Gary: "My children have been attending IPS schools for 11 years. And I am so concerned about the fact that in this place where the majority likes to say that they want choice for families, that they would be threatening to take away choice from a family like mine right here in the middle of our city."
"We've got to make sure that we stop this before it goes any further," she added.
Indiana state Sen. Fady Qaddoura (D-30), who also represents Indianapolis, toldWXIN last week, "I think this bill has a racial component by advancing discriminatory policies that are targeting the two largest minority communities in the state of Indiana."
"In my view," he added, "this piece of legislation had nothing to do with choice and has everything to do to continue to dismantle public education as we know it today in Indiana."
It's not just Indiana. Attacks on public education are afoot in states across the nation, including neighboring Ohio and Kentucky.
At the national level, progressives are warning that the imminent Republican trifecta—with GOP control of both chambers of Congress and, later this month, the White House—likely portends a massive attack on public education that could include ending the Department of Education, as advised in Project 2025, the Heritage Foundation-led blueprint for a far-right overhaul of the federal government.
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Expansion at Any Cost Is the Only Thing the Charter School Industry Knows
And the destruction of public education remains the goal.
Sep 17, 2023
When an Oklahoma state school board approved what would become the nation’s first taxpayer-funded religious charter school, opponents of the proposal called it “deeply un-American” and “a flagrant violation of long-standing constitutional law.” An Oklahoma parents group and a handful of state and national civil organizations filed a pair of lawsuits to block the new school. Creating a taxpayer-funded religious school “turns on its head the concept that charter schools were supposed to be public schools,” American Federation of Teacher president Randi Weingarten argued.
Indeed, they were supposed to be public schools. But anyone who has been watching the devolution of charter schools could see this coming from a mile away.
The magical transformation of what should be a public school to a taxpayer-funded private school is not a trick confined to Oklahoma.
Charter schools, which were originally proposed to be district-run, innovative public schools, have since morphed into national charter school chains, Christian nationalist schools, and facades for for-profit corporations.
From charter schools in churches with websites displaying crosses to “faith-friendly” charters, the charter industry has been flirting with religiosity for years. Under former Education Secretary Betsy DeVos, the federal Charter School Programs were given the green light to award grants to religious organizations that own or operate charter schools.
The magical transformation of what should be a public school to a taxpayer-funded private school is not a trick confined to Oklahoma, nor does the hocus-pocus turn solely on the question of religion.
During the 2021-2022 school year, 20 percent of all charter school students were enrolled in a school run by a for-profit company. This allowed these companies to evade laws and regulations by using a nonprofit school as a facade. And it is but a small hop over a line drawn in the sand to move from the federal government funding a religious organization to run charters, to funding charters that provide religious instruction in classrooms. It only takes a strong breeze, and the sand lines disappear altogether.
The magical transformation of what should be a public school to a taxpayer-funded private school is not a trick confined to Oklahoma, nor does the hocus-pocus turn solely on the question of religion.
Even as quasi-religious and perhaps overtly religious charter schools are on the rise, there is another effort intent on blurring the line between public and private.
A recent bill passed in North Carolina, a state in which a large proportion of charters run by for-profits, dismisses other features that determine whether or not charter schools, in fact, deserve the title “public.”
Charter schools are supposed to be “free and open to all” without discrimination or favor. But HB 219, passed by a Republican supermajority legislature over the veto of Democrat Governor Roy Cooper, allows charter schools to charge tuition and grant enrollment privileges to certain students. With the bill’s passage, North Carolina’s under-enrolled charter schools can now enlist both foreign and out-of-state students on a tuition basis. How will under-enrollment be defined?
Since the bill also allows nearly uncontrolled expansion of existing charter schools, finding space for tuition-paying students will not be difficult. Who will pay the tuition bill—the state, the foreign nation, or the family? North Carolina left that question unaddressed, but the likely outcome will be families, which favors the wealthy.
Not only does North Carolina challenge the definition of a charter school as a free school, but it also flaunts the idea that charters are open to all. The new law erodes equal access to charter schools in the state by giving enrollment privileges to special groups, allowing charter schools to shape their student bodies.
This is an extension of what already exists. North Carolina already gave enrollment priority to selected students—beyond what is offered in most other states. Enrollment preferences were already allowed for siblings of present and former students, children or grandchildren of board members and employees of the school (and for the for-profit or nonprofit management company that runs it), and students who attended another charter school.
To these already privileged sub-groups, the state has added foreign exchange tuition-paying students who need not even enter the lottery, children of members of the armed services, and students of private pre-schools selected by the charter.
In a state known for its white-flight charters, high-tuition or religious preschools are likely to enter these “enrollment articulation agreements” that grant their students access privileges.
In 2021, the Network for Public Education was joined by more than sixty civil rights and education advocacy organizations in filing a complaint with the U.S. Department of Education. We argued that the distribution of the state’s grants of the Federal Charter School Programs to schools that overall were disproportionately whiter and wealthier than the districts in which they were located. There is no doubt that the new laws will only make such disparities worse.
Ironically, the National Alliance for Public Charter Schools, a trade and lobbying organization that adamantly claims that charter schools are free and open to all, not only applauded the passage of HB 219 but gave the bill’s sponsor, Republican state Representative Tricia Cotham a hero award.
That alone is enough to tell us where the industry is going—charter expansion at any cost. It is also why those who care about public education should look beyond the question of religious charter schools to the other features that make schools truly public—features that are slowly being whittled away.
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Faith Leaders, Parents, and Public Education Advocates Sue Over First US Religious Charter School
"Governmental sanctioning of a religious charter school drives a stake in the heart of religious liberty and seeks to eviscerate the fundamental precept of the separation of church and state," said the head of a plaintiff group.
Jul 31, 2023
A nonprofit that supports public education and nine Oklahoma residents on Monday filed a lawsuit to stop the state from sponsoring and funding the St. Isidore of Seville Catholic Virtual School, the first religious charter school in the United States.
A legal challenge has been
brewing since the Oklahoma Statewide Virtual Charter School Board approved the online institution in a 3-2 vote last month. St. Isidore, a "collaborative effort between the Archdiocese of Oklahoma City and the Diocese of Tulsa" intended to provide "a quality Catholic education" to children statewide, is set to open for the 2024-25 academic year.
"Religious liberty allows us to worship according to our faith. But forcing Oklahomans to fund religious teachings with their tax dollars is not religious freedom. It is state-sponsored religion, which violates the Oklahoma Constitution and the Oklahoma Charter Schools Act," said Misty Bradley, chair of the Oklahoma Parent Legislative Action Committee (OKPLAC), in a statement.
"Governmental sanctioning of a religious charter school drives a stake in the heart of religious liberty and seeks to eviscerate the fundamental precept of the separation of church and state," added Bradley, whose group has joined faith leaders, parents, and public education advocates in challenging the Oklahoma board's recent approval of St. Isidore.
The plaintiffs are represented by the ACLU, Americans United for Separation of Church and State (AU), Education Law Center, and Freedom From Religion Foundation, who are assisted by Oklahoma-based counsel Odom & Sparks PLLC and J. Douglas Mann.
As Daniel Mach and Heather L. Weaver, respectively the director and a senior staff attorney at the ACLU Program on Freedom of Religion and Belief, explained in a Monday blog post:
Oklahoma's public school system includes both brick-and-mortar and virtual charter schools. State statutory provisions and the state constitution require these schools and all other public schools to remain open to all students—regardless of race, ethnicity, socioeconomic class, religion, LGBTQ status, disability, or any other characteristic—and to teach a nonreligious curriculum. St. Isidore of Seville Catholic Virtual School will do neither...
In its application, St. Isidore asserts that it... will participate "in the evangelizing mission of the church." To that end, the school's application makes clear that it will discriminate in admissions and student discipline, as necessary to satisfy the Catholic Church's religious beliefs. This means that students could be denied admission or punished based on their religion, sexual orientation, gender identity, or other failures to comply with Catholic doctrine. St. Isidore even refused to certify that it will not discriminate against students with disabilities if accommodating a student would violate Catholic beliefs. The school also plans to discriminate in employment.
"I am invested in secular public schools because I believe in the Oklahoma Constitution and a founding principle of our nation: Religious freedom can only be preserved if the state does not establish or support any religion," said plaintiff Leslie Briggs.
Briggs is the legal director of Oklahoma Appleseed Center for Law and Justice, and she and her wife have a child who will soon enter public schools. She added that "I also find state-sanctioned discrimination abhorrent and refuse to accept my tax dollars being used to promote discrimination against children and families that look like mine."
Other plaintiffs include a mother of two children on the autism spectrum, a parent of a public school student with disabilities, and a reverend who is also the great-grandson of a former Chilocco Indian Agricultural School resident.
Plaintiff Brenda Lené, founder and operator of the Facebook group "Oklahoma Education Needs/Donations" and parent of a child in public school, warned that "giving public tax dollars to a school like St. Isidore not only opens the door to discrimination, but it also takes even more funding from our secular public schools and teachers, which will have a disastrous effect on the already underfunded public education system and create more financial inequality."
St. Isidore is expected to cost taxpayers more than $26 million over its first five years of operation, according to The Oklahoman.
The newspaper noted conflicting comments from a representative for local Catholic leaders and the Republican state attorney general:
"News of a suit from AU comes as no surprise since they have indicated early in this process their intentions to litigate," said Brett Farley, a lobbyist representing the diocese and archdiocese. "We remain confident that the Oklahoma court will ultimately agree with the U.S. Supreme Court's opinion in favor of religious liberty."
The nation's high court recently ruled private schools could receive public funds from school voucher programs and government grants. Attorney General Gentner Drummond, disagreeing with his predecessor John O'Connor, argued these cases have "little precedential value" to charter school law and no legal history exists to prove charter schools are private.
Drummond had called out the Oklahoma Statewide Virtual Charter School Board after the June vote, declaring that "the approval of any publicly funded religious school is contrary to Oklahoma law and not in the best interest of taxpayers."
"It's extremely disappointing that board members violated their oath in order to fund religious schools with our tax dollars. In doing so, these members have exposed themselves and the State to potential legal action that could be costly," he said.
The Oklahoman reported that after a 3-1 vote last week, the conservative Christian law firm Alliance Defending Freedom will represent the board in the case, as Drummond has withdrawn his office's legal services for matters related to St. Isidore.
Though filed in state court—specifically, in the District Court of Oklahoma County—the case is expected to draw attention from across the country. It comes after the U.S. Supreme Court last month declined to hear a challenge to a federal appeals court ruling that charter schools receiving public funds, like traditional public schools, must abide by the national Constitution and law.
"A school that claims to be simultaneously public and religious would be a sea change for American democracy," AU president and CEO Rachel Laser said Monday. "It's hard to think of a clearer violation of the religious freedom of Oklahoma taxpayers and public school families than the state establishing a public school that is run as a religious school."
"We're witnessing a full-on assault on church-state separation and public education—and religious public charter schools are the next frontier," Laser stressed. "America needs a national recommitment to church-state separation."
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