A New Kind of Schooling

It is hard to overstate the changes that are coming to K-12 education in America. States are increasingly electing funding schemes in which the money follows students rather than systems–a new approach that goes by the moniker, “school choice.” The Supreme Court has invalidated programs that exclude religious schools from otherwise neutral state funding programs, even when monies might go to what are conventionally regarded as “religious” activities. Parents are increasingly dissatisfied with the educational and social experience their children receive in public schools, which only increased during the COVID period and was exacerbated by bitter culture-war conflict over the substance of what is being taught. Most recently, word comes from Oklahoma of the first religious charter school, a hybrid public-private entity whose constitutionality will surely be challenged and that would, in fact, be vulnerable under the no-aid regime of the past. But it may well survive and others like it grow.

Exciting and interesting times for lower school education (and, I should think, for its inevitable downstream effects on higher education). But many are deeply displeased with these developments, which, it is true, signal a real sea change for the American public school and the dismantling of yet one more American institution. Among the ranks of the unhappy is journalist Cara Fitzpatrick, who has a new book, The Death of the Public School: How Conservatives Won the War Over Education in America (Basic Books).

America has relied on public schools for 150 years, but the system is increasingly under attack. With declining enrollment and diminished trust in public education, policies that steer tax dollars into private schools have grown rapidly. To understand how we got here, The Death of Public School argues, we must look back at the turbulent history of school choice.     
   
Cara Fitzpatrick uncovers the long journey of school choice, a story full of fascinating people and strange political alliances. She shows how school choice evolved from a segregationist tool in the South in the 1950s, to a policy embraced by advocates for educational equity in the North, to a conservative strategy for securing government funds for private schools in the twenty-first century. As a result, education is poised to become a private commodity rather than a universal good.   

The Death of Public School presents the compelling history of the fiercest battle in the history of American education—one that already has changed the future of public schooling.  

Around the Web

Here are some important law-and-religion news stories from around the web:

  • The Third Circuit heard oral arguments in Reilly v. City of Harrisburg, a case involving anti-abortion sidewalk counselors challenging a Harrisburg, Pennsylvania ordinance creating a 20-foot buffer zone around healthcare facilities including abortion clinics. The lower court had previously dismissed the suit for insufficient evidence of free speech and assembly rights violations.
  • In Erie v. Hunter, a Louisiana federal district court did not dismiss a case by a mental health detainee, Erie, who was allegedly forced to attend a Christian service. The court rejected the argument that defendant faced a “binary choice,” arguing there were “other options [Ms. Hunter] could have use [sic] to locate other staff” to supervise those not attending the service.
  • In Olympus Spa v. Armstrong, a Washington court dismissed a suit by a women’s spa challenging a law against gender identity discrimination. The spa argued that the law infringed on its religious and free expression rights, but the court held that the law was neutral and generally applicable, and dismissed the spa’s freedom of association claims.
  • In Anonymous Plaintiff 1 v. Individual Members of the Medical Licensing Board of Indiana, an Indiana state trial court has certified as a class action a suit contesting Indiana’s abortion restrictions. The plaintiffs, who have already been granted a preliminary injunction, argue that their religious beliefs permit or even mandate abortions in cases disallowed by Indiana law. The class has been defined as individuals in Indiana whose religious beliefs direct them to obtain abortions prohibited by Senate Enrolled Act No. 1(ss) but are unable to do so due to the Act.
  • The St. Isidore of Seville Catholic Virtual School has been approved to become the first publicly-funded religious charter school in the U.S., by a 3-2 vote from the Oklahoma Statewide Virtual Charter School Board, a decision that “caps months of debate over government support for sectarian education.” Americans United announced they are preparing a lawsuit to challenge the approval.
  • A dispute between Miami Beach and the Orthodox Jewish Congregation Bais Yeshaya D’Kerestir scheduled for trial in federal court has been settled, with Miami Beach agreeing to pay the congregation $1.3 million. The congregation argued that their property was being used for “private prayer,” not as a synagogue, and drew parallels to homeowners hosting parties. The city, however, presented evidence that the house was indeed functioning as a synagogue, including an industrial-size coffee urn and benches for up to 30 people.