The SmartPhone War Is Over – And We Lost. That Matters With AI Bearing Down.

Around the country, states are passing bans on cell phones in schools. Thirty-five states now have some sort of restriction—either all day or just during instructional time. Policymakers are quickly realizing that the best policies are ones that don’t turn teachers into cops, so expect more total rather than partial bans. Teachers, for their part, generally—and understandably—like the bans. Public support is also rising. One story that sticks with me: a Virginia teacher thanked Governor Glenn Youngkin’s administration after his executive order banning phones in schools, saying, “thank you for giving us our kids back.” (There was a brief attempt at partisan pushback on Youngkin’s ban policy—because we live in stupid negative-polarization times—but the popularity of the policy quickly settled the matter even among people who otherwise did not support the governor.)

Around the country the bipartisan expansion of restrictions and bans is being hailed as a big victory by everyone from Jonathan Haidt to the NEA. It feels like a long-overdue pushback against toxic, addictive apps that Silicon Valley foisted on young people (and the rest of us). And at one level, it is progress. Social media in particular seems to be metastasizing a range of social ills. It’s a huge problem.

But in schools, we should also see these bans for what they are: surrender.

We have nothing on offer to compete with phones, so we’re banning them.

What schools offer just isn’t compelling enough to win kids’ attention. As a teacher remarked to me, you’ll always have some students checked out for various reasons, but overall good teachers don’t have boring classrooms. The problem is we don’t have enough of those classrooms. Phones didn’t create that problem, but they revealed—and then amplified—it.

Image via ChatGPT

Of course, phones aren’t the only thing we ban or meter out for young people. Cars, alcohol, drugs, and sex are examples of others. (At Bellwether, we recently looked at the incoherent patchwork of laws around those policies.) Age limits can make sense, and I’m not troubled by some phone bans or social media restrictions for young people.

But with AI bearing down on us—technology so compelling it makes today’s smartphones look like Atari’s Space Invaders—we need to ask: how can schools compete with that? What will be engaging enough to draw kids in? What will offer relationships that matter more than ones available through AI? What will make the struggle of learning something new feel like the more attractive option?

These are not easy questions. But they’re urgent. Right now, we’re not winning against new tech. We’re losing. And over time, you can’t ban your way out of that.

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Charlie Kirk

I agreed with Charlie Kirk on little in contemporary American politics or American life, and I was not a fan. Still, what I did admire about him was his willingness to debate, not grudgingly but enthusiastically. Today’s politics are a toxic mix of certitude and cowardice—certitude about policy, politics, and American questions, and cowardice when it comes to debating opponents who can push back thoughtfully. Shutting down debate has become more common than welcoming it. And yes, in various ways this is a both sides problem. Meanwhile, too many people lack the skills and knowledge to even articulate a position opposed to their own. And what we’re seeing all around us is where that leads, as thinkers from Jefferson and Tocqueville to Martin Luther King have warned us. At the same time, there is an alarming rise in the percent of young people saying violence is sometimes acceptable to counter speech. That’s an unsustainable and frightening brew.

Regardless of what we ultimately learn about the circumstances of his death, it is the cruelest irony that Kirk was killed while doing exactly that—debating. Given the alarming rise in political violence against figures on both the right and the left, this should shock us. It should especially trouble those of us in education because a large part of our project is, or should be, ensuring that students have the knowledge and skills to settle our differences at the ballot box, through debate and free expression, and with a culture of pluralism rather than violence.

Yes, people will say there are too many examples of coercive education practices and will then cherry-pick cases from the left or the right depending on their point of view. If you’re doing that, you’re part of the problem. It’s both left and right and there is more than enough illiberalism to go around. We should call this out and have zero tolerance for that kind of thing in the classroom regardless of where your sympathies happen to lie. I’m not naive; this will not completely solve what ails us now. Yet it is within our power in education and part of a broader set of solutions to a political situation that is spiraling dangerously.

We cannot allow this to become who we are.

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Nota Bene, And Notable Fish

Today I have some odds and ends as summer winds down and kids go back to school. And it’s Friday so fish.

New WonkyFolk. This is a fun and important one, Jed and I sit down with Shaka Mitchell of American Federation for Children to talk about the – big – new education tax credit program that was part of the recent federal tax bill. Did I mention it’s big? The Commodore estimates $28 billion annually. And it’s going to be politically disruptive. We get into all of that and Shaka’s take on what there is to learn from past experiences with choice.

You can get it wherever you get podcasts or through the links below:

Show notes, transcripts, etc…

https://www.charterfolk.org/captivate-podcast/vol-28-breaking-down-the-new-federal-school-choice-program-with-shaka-mitchell/

If you want to watch:

https://www.charterfolk.org/captivate-podcast/vol-28-breaking-down-the-new-federal-school-choice-program-with-shaka-mitchell/

Katrina 20. On Monday I hosted a discussion with three-term Louisiana Senator Mary Landrieu, NOLA educators Jamar McNeely and Alexina Medley, and Tulane’s Doug Harris to discuss education in New Orleans post-Katrina.

You can watch the video here. If you want to hear from people who were there, before the storm, and in the rebuilding after, along with a fact base on what’s happened, then this is it. It’s part of a series of Bellwether webinars on different aspects of education in New Orleans.

Smart disagreement. This discussion from The Disagreement about exam schools is worth your time. Ian Rowe and Stefan Redding Lollinger talk through the issues with host Alex Grodd. Nuance!

You should hold space for this: Third Way with a political memo about language, that reads like a bingo card from the last education meeting you attended.

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Equitable grading, now rebranded under some other names, is not popular with teachers. There are a few issues like this where a lot of people are suddenly struck mute. They go on and on about teacher voice until it conflicts with some political norm. You run into a lot of teachers who are scared to speak up, too.

This article from The Boston Globe is something else.

It’s a little hard to square the idea of a lot of class skipping and, as the article suggests, students not paying attention when they are present, with an average GPA north of 3.8. I dunno, would the viewpoint diversity problem—apparently blamed on overcommitted students by the faculty—be even worse if students showed up more often?

Here’s Ben Sayeski slinging some candor in CharterFolk:

Via CharterFolk

This seems directionally correct to me. It’s also worth pointing out, though, that some people have a different theory of action, sort of a hear no evil, see no evil, speak no evil approach believing that the best way to garner support for public schools is to tell a certain story. I think that theory is flawed on a few levels (it’s the wrong thing to do and won’t work indefinitely anyway) but it is a theory of action. There is also just the generalized adult-first politics of the sector.

Fish Porn

Here’s Cognia’s Brad Wever in West Grand Traverse Bay near Traverse City, Michigan with a beauty. Michigan is a fantastic state, with great river and lake fishing, if you like to be outside .

Want more? Here are hundreds of pics of education folks with fish. Even more pics here. Send me yours!

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Can We Even Agree On Healthy Food? Our Politics & Discourse Are Terrible. Advertising Isn’t Education. A Remembrance.

Today we’ve got a remembrance, healthy food and unhealthy politics, some media and narrative discussion, and what is real competition in education?

NOLA then and now

First, a reminder, next week we kick off a set of webinars about the post-Katrina education experience in New Orleans. For the first one, on Monday, we have three-term Louisiana Senator Mary Landrieu, who also hails from a legendary New Orleans family, as well as NOLA educators Jamar McNeely and Alexina Medley who were there pre- and post-storm. On many New Orleans education questions people have views that -surprise!- align with whatever their larger reform priors are. This is a chance to learn from three people who were actually there, sleeves rolled up. And get a fact base from the leading analyst of education in the city. It’s part of a series, learn more and register (free) here.

Healthy Competition

Adam Peshek, who if you don’t know him is one of the nicest people you’ll run into in this sector, posted an essay in his newsletter about increasing competition in education (he’s also funded Bellwether, but I’d say that part about him being nice regardless).

Peshek notes that competition, and behavioral responses to competition are a feature, not a bug, of school choice plans. Yes. And although a lot of people have somehow decided that education is the one part of the world where the normal rules of human behavior, incentives, economics, and politics don’t apply that’s not actually the case. And as a champion of mass customization in public education I welcome more. We should have more and varied kinds of schools and options for kids in publicly funded education.

But, not all competition is created equal. As Rick Hess noted years ago in Revolution at the Margins, a book with newfound salience given the new wave of school choice underway, competition can take different forms. In politically controlled institutions like public schools that form is often cosmetic not substantive. It’s great to see schools advertising and not taking parents for granted. But you know what matters more? What happens in the classroom.

Consider Washington, D.C. The disruption caused by increased school choice and the growing market share for charters created the political disruption that ushered in Michelle Rhee and Kaya Henderson. That was important. But what really changed the facts on the ground for kids was the specific teaching and learning reforms (and some foundational operational reforms, DC really was dysfunctional) that came once Rhee and Henderson were on the scene.

Peshek writes, “School choice doesn’t just introduce new options. It reshapes the behavior of existing ones. It forces everyone to ask: What are we offering? For whom? And why should they choose us?

That’s quite true, but in an industry without clear consistent reporting on outcomes (a problem school choice is currently making worse not better) keep an eye on what’s an actual change versus what only looks like changes.

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Today’s Friday, are we for or against healthy lunches today?

If you had told me even a few years ago that one of Robert Kennedy’s kids would run for president and I wouldn’t be over the moon about, it I’d have said that’s crazy. (People have their own favorites but I’d suggest Evan Thomas’ biography if you’re looking for a good entry one on the OG RFK and why he inspires so many). Now, in 2025, I’m not happy that one of his kids is Secretary of Health and Human Services given his views on vaccines and research. But, that doesn’t mean he’s wrong about everything. Negative polarization will make you stupid, and maybe also fat.

Case in point: School lunches have a lot of room to go to be more healthy for kids. It’s really a crazy program in some ways. And yes the Trump Administration has cut some adjacent programs that are aimed in the direction of healthy lunches because, well, DOGE. But when the admin says they want to get food dye and ultra-processed foods out of what kids eat, take the W and move on to fight about other stuff. We don’t have to fight about everything. “Brace” for healthier food? Really? It should be what we expect and if you code it partisan you’re part of the problem.

Via The Hill, link above

Here’s chef Tom Colicchio on healthy lunches from a 2016 Bellwether publication. And here’s local farming leaders Lindsay Lusher Shute and Eric Hansen on how local food can fit into the equation from the same pub.

Look, it was good when Michelle Obama championed healthier lunches (and the political right lost its collective mind about that it’s worth remembering) and it’s good when RFK does, even I think he’s quite wrong on other things and you might, too. American politics can’t be a game of 100%. Food dyes and ultra-processed food are bad news regardless of who is in the Oval Office.

Sponsored content via Read Not Guess: An at-home scientifically grounded reading program. Learn more by clicking the links.

Narrative

Recently at the baseball All-Star game players were asked how many hits the average fan would get off of major league pitching. This set off a discussion on social media as well with a lot of armchair DHs speculating about how much good contact they could make. Spoiler alert: As Red Sox ace Garrett Crochet concisely noted, the correct answer is none. Unless you have played for money or were in elite NCAA baseball these pitches are too fast and have too much movement on them. (As one wag noted if you did manage to get lucky and make clean contact you might get a hit because the fielders would be too shocked to move to the ball). Even the jump from AAA pitching to the majors is real. That’s why you pay money to watch those guys play, they’re that good and the differences are that significant. The game as fans talk about it and as it’s actually played is quite different. Rooting interests are a lot of fun, the mechanics and analytics of the game something else.

I thought about that dynamic reading the dueling accounts of what happened recently at Virgina’s George Mason University, one of many schools now in the crosshairs of Trump’s Department of Justice. We talked about UVA and what happened there, the Mason situation is at once similar and different but there was a lot of speculation the Mason president might be terminated at the school’s board meeting.

But read this account and then this account of the board meeting. What’s important here is less what you think about the various issues, the school’s president, DEI, the Trump Administration, or any of that than how things like this are increasingly covered. It’s the failure to even get facts and context right. We’re moving back to late 19th-Century approach to media and information. On a range of issues it leaves people confused or with an incomplete picture. And a time of rapid social and economic change that’s a real problem. It’s a big problem in the education sector.

Yes, the labor of staying informed has increased. Treating public affairs as a rooting interest sort of thing, like we do sports, obscures more than it reveals and makes it that much more challenging.

Life Well Lived

John Forkenbrock passed away earlier this month. He was 80. Among a broad career in service he ran the organization focused on federally impacted schools. At least for now, and hopefully in the future, the federal government owns a lot of public land and land for other purposes. Schools can’t tax that land as they can other property. So there is a transfer program to try to make them whole. The sort of program that’s both mundane and essential and often not considered in conversations or theatrics about the federal role in schools.

That’s where I got to know John. When he was running that organization – an organization he continued to assist even after he retired. He was exceptionally kind and a generous source of information and advice when he had no need to be. He helped me when there was nothing in it for him. When his passing came up with a few of my contemporaries, unprompted, that is the first thing people said about him – what a generous person he was in all ways. That’s unusual in a town where people step on each other to get ahead or get an edge (and then talk about all the mentors that stood in the way of their path to greatness). It’s a genuine legacy. The kind that doesn’t get washed away with changes in politics.

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The Greatest Trick Randi Weingarten Ever Pulled. Plus, What’s The Freezing Temperature In Trump World? A Penny For Your Thoughts. Dems In Voucher Disarray.

New Covid Analysis And NOLA Katrina & Schools Discussion

Bellwether just released a new brief about Covid learning loss interventions, and what we can learn.

This is part of a larger BellwetherCALDER partnership to look at the lessons of Covid disruptions. Essentially, the pandemic created all sorts of natural experiments as policies were suspended and emergency measures were put in place. Obviously, no one would wish for this but we also shouldn’t let all the opportunities for learning go to waste. That’s the idea behind this collaboration.

I have long been frustrated by the nationalization of the New Orleans experience after Katrina. Whether reformers and the oil spot idea, or the minimizing of the role people from New Orleans played in the education work—by both sides for different reasons—these are incomplete stories.

So I’m excited to lead a discussion on August 18th with Senator Mary Landrieu, and educators Alexina Medley and Jamar McNeely about what actually happened and their role in it. Doug Harris of Tulane will kick it off sharing research and data on the changes since the storm in the city’s education sector. It’s one part of a series of four online events looking back at what’s happened and forward toward today’s challenges and what is next. I hope you can join us.

Trump And Pennies

Penny Schwinn acknowledged the inevitable last week and withdrew from consideration as Deputy Secretary of Education, despite her nomination getting out of committee. Some Republicans were not comfortable with her, some Democrats felt they couldn’t vote for any more Trump nominees given everything going on even if they thought she’d be good in the job. After the past few weeks, though, on nominees and otherwise, the bottom fell out. The Tennessee governor’s race also played a role. A big one. Politics. But a telling episode about education politics.

My hunch is that anyone celebrating this (other than the Penny is too ‘woke’ crowd) is not going to be happy with Plan B, which could be consequential for long term Department leadership.

Dems Fighting About Vouchers

Dems in disarray I guess…about school vouchers. Though it was a refreshing break from all the stories about how screwed up men are, I’m not sure this new Times story advances things much beyond making clear the fracturing among the groups over the private school voucher question. I continue to think that as a matter of political geography Democrats can’t blackball ESA and voucher supporters – the programs are just too widespread and if you want to be competitive that’s an issue. But the party also doesn’t need to embrace choice in whatever form comes down the pike. Lost in some of the back and forth is the reality that the direct payment plans states can enact with federal tax credits under President’s Trump’s recent tax bill could be for tutoring or other things. They could benefit public schools, too. That’s an opportunity – politically and for kids.

Good a time as any to point out that vouchers remain the one issue where Republicans are like, ‘yes, let’s give the poor some money to do as they wish,’ and roughly the one issue where Dems are against that.

A Subtle Shift? And A Less Subtle Move.

The Democrats’ numbers are unbelievably bad, especially given the context right now. I continue to think education offers part of a way back, and will have more on that soon. But, this doesn’t mean the President’s numbers are that great. And he and Congress might be thinking about that. The midterm will be a referendum on them, not the Dems.

One indication? Well, life comes at you fast. The Trump administration unfroze education funding it had just been holding back. You can read more about that here and here. It’s worth noting: the freezing and unfreezing, or reviews, or whatever you want to call it, of these funds isn’t really a thing, legally speaking — there’s no formal process that authorizes it in this way. It’s just something the Trump Administration has been doing.

This latest reversal came on the heels of the restoration of PEPFAR – the international AIDS program—funds in the recent rescission bill after bipartisan pushback on that cut.

What’s notable isn’t just the policy outcomes—it’s how it went down. In both cases, Trump yielded to bipartisan pressure, backing down over the objections of hardliners. That’s a break from the pattern. In the past, when challenged like this, Trump would typically double down, escalate the rhetoric, and whip his supporters to push people to toe the line. The whole TACO zeitgeist overstates just how much Trump has bent Congress to his will. I never thought Trump would fail to get a reconciliation bill through Congress by whatever deadline he set, for instance. I did think he’d have to scale it back. That didn’t happen and instead he met his deadline with his bill largely intact.

But maybe things are changing? Last week the Senate Appropriations Committee essentially told the administration to pound sand with an appropriations package that rejects most of what they want to do.

I don’t want to over-read this, or get carried away. It could be nothing. An aberration stemming from some lack of focus. Donald Trump remains erratic and sometimes unpredictable. By this time next week, we could be at war with Switzerland or discussing 500% tariffs on Norway. Maybe it’s as simple as Ed Secretary Linda McMahon won the last round but OMB Director Russ Vought will win the next time in a rescissions package or next year’s budget request to Congress—both things you should keep an eye on to see what is happening here. They may try to use recent Executive Orders as a pretext to withhold other funding or scrutinize all the funding that impacts non-citizens.

Or, this may be a trend worth watching if normal political gravity is starting to reassert itself, even just a little.

One indicator to watch, in addition to the education appropriations bill, is the bipartisan effort to address some NIH funding that is now being slow walked, reviewed, whatever they are calling it. Keep an eye on what happens there, too.

We’re getting closer to an election in 2026 that is likely to put the brakes at least some of Trump’s policy ideas. That raises the question: are some of the loudest parts of Trump’s political identity—the posturing, the provocations, and the arm-twisting and coercion— starting to give way, however subtly, to the demands of the broader electorate, his party’s politicians, and mundane realities of politics?

We’ll see.

The Greatest Trick Randi Weingarten Ever Pulled

It’s easy to forget now, but in the late 2000s and early 2010s, American Federation of Teachers President Randi Weingarten was giving speech after speech about the need for reform. Tenure, she acknowledged, couldn’t be a job for life and it sometimes was. She warmed to other reform ideas, too, like opening a charter school (that was later shut down) and was essentially telling her members: get on the reform bus or get run over by it. Those annual National Press Club speeches are wild to read now. The AFT even hired Kenneth Feinberg to design an expedited 100-day dismissal due process for teachers with tenure (an initiative that ultimately led to little change).

Then Chicago teachers’ union leader Karen Lewis offered a third option during the teachers’ strike there — the people on that reform bus, fight them. Chicago was a strike that didn’t even have to happen, the union wanted and needed it to happen. Lewis saw the opportunity to drive a wedge. Education politics hasn’t really been the same since. Lewis died tragically early from cancer in 2021, but insofar as reform is concerned we’re still operating in an education politics she galvanized.

After the strike, Weingarten pivoted. Lewis wasn’t a risk to unseat Weingarten, but she did have influence inside the union. One large union leader told me that after Chicago the question members were asking was, ‘why aren’t we fighting, too?’ Reform unionism, always a sickly patient, went on life support. Weingarten is a good tactician and seized the moment. Suddenly she was at once tone policing reformers, talking about how reformers were too disruptive and divisive and also fighting back hard on reform initiatives behind the scenes. She pressured politicians and philanthropists. What education needed, she insisted publicly, was collaboration and consensus. Behind the scenes, the unions came roaring back as the Obama agenda lost its edge.

And in one of the more remarkable political sleights of hand in recent memory, she convinced many reformers that she was right — that they were, in fact, part of the problem if not the problem with a system that had failed to deliver equitable or acceptable results for decades—especially for racial and ethnic minorities and poor kids.

This happened, of course, just as DEI discourse was taking hold in education organizations. Contrary to popular politics and retelling, it didn’t start with the 2020 reckoning; the shift began around 2014. Reformers began to wonder if they were too abrasive, too adversarial, too unwilling to listen. Or worse, if education reform, and by extension they, were part and parcel of issues like the abusive policing many reformers were just learning about. They didn’t think this up themselves, a then-cottage industry of DEI experts (that post-2020 would become Big DEI) was pushing it out. And if you felt guilty about the unearned, unfair, or whatever privilege that got you into Stanford, Princeton, or Harvard, here was a way to performatively assuage it.

So, many decided the answer to all these concerns was yes. The problem isn’t the system, which is structurally unfair, something that should be apparent to people ostensibly concerned with structural inequality, the problem is us! It wasn’t so much the Stockholm Syndrome that paralyzes the Democrats overall as it was abused spouse syndrome. And it worked.

So acrimony was out. Disruption was out. Consensus was in. It didn’t help matters when Donald Trump won the presidency in 2016. If he was for charter schools, for example, a lot of people decided that they were not. Weak, yes. Unexpected, no.

It all left a movement trying to transform a quarter-trillion-dollar system* — one deeply entrenched and politically defended — while shying away from the conflict that transformation inevitably requires and unable to work in a cross or bipartisan way. (If you’re just in this work for conflict, you’re a sociopath but political conflict is part of change).

The greatest trick Randi Weingarten ever pulled was convincing a lot of reformers they could somehow reform an enormous, powerful, politically controlled industry without some real acrimony and disruption and odd bedfellows political coalitions. And, that although they were trying to dismantle a system with notably inequitable outcomes, they were actually on the side of oppression. A lot of reformers, especially those donning a DEI hair shirt, turned out to be easy marks for all this.

If you’re new around here, the point is not that the unions are wrong about everything. At times their interests and the interests of students align. Sometimes their line leaders are savvy observers of the education scene and what might improve it. All else equal they want what’s best for kids, too, they’re not monsters. But all else isn’t always equal and they are big powerful institutions with prerogatives, power, and politics to advance. The problem comes up in the constant confusion about who is actually the client here and the adult-first politics that follow. (Correct answer: students, parents, and taxpayers.)

Anyway, at some level you have to tip your hat. Even pre-Janus the unions knew they faced an existential problem with demographics and membership. This strategy helped them sidestep it, buy some time, and regain relevance and leverage. But it’s a shame it contributed to the reform coalition becoming a shell of its former self.

Reformers, heal thyself? Good things will follow.

*editing mistake.

Schrödinger’s Impoundment. Plus, Two New Podcasts And Fish Porn.

Light posting—it’s summer, and I’ve been focused on logging miles on my bike. Why? In August, I’ll ride 192 miles across Massachusetts to raise money for the Dana-Farber Cancer Institute. I do this each year as part of the Pan-Mass Challenge, but is especially important this year with research funding under pressure. You can learn more and donate here —100% of your donation goes directly to Dana-Farber—if this aligns with your philanthropic plans. Progress against cancer is more pronounced than many people realize, and it’s thanks to research at places like DFCI.

Good Pod

Jed Wallace and I talked with Steven Wilson about his recent book for a new WonkyFolk. Listen to find out why insiders are saying things like, “best conversation on this issue yet.”

You can listen and see show notes at this link. Or get it wherever you get podcasts.

https://player.captivate.fm/episode/b333af14-cac5-46f1-910e-eb5a95cfd9ad

You can watch here:

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Rick Hess and I joined Nat Malkus again on his Report Card podcast. As is often the case, there was news between when we recorded and when the episode was released (see below). But among other topics, we discuss the new federal tax bill’s implications for school choice and for higher education, what’s happening at UVA and Harvard, and the Trump administration’s various policy gambits.

It’s all here. Or, listen below, or where you get podcasts.

Schrödinger’s Impoundment

Last time we talked about the Trump administration’s efforts to hold back almost $7 billion in education funding, including funds for English language learners and after-school programs. As expected, some states (blue states, natch) have now sued. Here’s the lawsuit.

Ordinarily, there would be clear legal authority in a situation like this—but that’s not the case here. The administration is not technically impounding the money; they’re claiming the funds are just under review. The lawsuit argues this is impoundment. The deadlines for when funds must be released are not as clear-cut in statute as people assume. Messy. But—and this is the practical effect—school districts rely on predictable appropriations, were planning on these funds, and it’s now mid-July. “Review” versus “impoundment” matters legally, less so to people getting ready to open schools for the 2025–26 school year.

Ten Republican senators sent a letter to OMB Director Vought, arguing that withholding these funds runs counter to President Trump’s emphasis on returning education to the states. But also note the quotes from red-state chiefs in the Ed Week article linked above.

The idea that this is counter to the president’s goals is an OK talking point, but besides the question of legality and expansion of executive authority, the real issue here is something we’ve talked about in relation to other administration actions: predictability. Government has to operate in a predictable way. That doesn’t mean everything is frozen in amber—there is too little reform of government, something Trump is now weaponizing against Democrats by exploiting the myriad rules and requirements to advance his agenda. But it does mean people need to know changes are coming far enough upstream to plan for them. And appropriators need to know that deals will stick. If the White House can simply undo appropriations it doesn’t like, then what’s the forcing function for any bipartisanship? Or bipartisanship at all.

Update: Life comes at you fast. You go out for a bike ride and there is news while you’re gone. The administration released some of the money they are “reviewing,” $1.3 billion of the $6.8).

Fish Porn

It’s a Friday. It’s summer.

Here’s Knowledge Alliance’s Rachel Dinkes with two beauties.

Want more? Here are hundreds of pics of education folks, including others from the research community, with fish. Even more pics here.

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The Impoundment Wars, Begun They Have. Plus, Wait, What Just Happened at UVA?

In the Richmond Times-Dispatch, Education Trust CEO Denise Forte and I discuss Virginia’s new plan for school accountability, why it’s needed, why it matters, and what needs to come next.

Impound Lots

And here we go. The Trump Administration, or at least parts of it, are itching to challenge key elements of the Congressional Budget and Impoundment Act of 1974. That law defines the budget process that, at least in theory, is in place today though Congress and White Houses of both parties frequently deviate from it. But until recently the second part of the law’s title, the impoundment part, has been pretty settled. Congress appropriates money, the executive branch spends it. That part of the law was put in place because presidents would decline to spend money Congress had appropriated – this came to a head during the Nixon Administration. President Trump’s budget director, Russ Vought, disagrees with this law and believes it is unconstitutional.

So yesterday, right at the deadline to send appropriated education funds to states, the Trump Administration announced it was withholding almost $7 billion in education spending in ways that line up with the administration’s proposed budget but not with action Congress already took on spending this spring as part of the continuing resolution the government is operating under. Yes, there have been cuts, but Congressionally mandated funding has been restored in various ways. This is an escalation.

via ChatGPT

Sure, some of this is Kabuki theater. This possibility was a poorly kept secret so no one is “surprised.” Meanwhile, privately it’s hard to find anyone who thinks Title II spending is all that effective or has even read any of the mandated reports on how it’s used. Title II has fought off many proposals for reform. Of course, with Trump going after it, Title II will now be exalted as a pillar of the republic alongside the 13th Amendment, Social Security, or the Civil Rights Act. Welcome to 2025.

On the other—important—hand, Title III funding for English Language Learners is a key student support in some communities, as are funds for migrant students. More than a billion is at stake for those programs. It’s not happenstance that supports for those kids are being targeted—it’s ugly politics. They also targeted after-school programs. Bill Clinton successfully used after-school funding to bludgeon Republicans in budget fights, but that was a different time, and it’s unclear if Democrats can make that message stick in today’s environment.

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Under current law this action is illegal. That’s clear. Congress appropriated these funds, the executive branch is bound to spend them. The administration, however, thinks it can prevail in court with claims around executive authority and the constitutionality of the impoundment law. In their first term the Trump team tried to use deferral authority and other measures to delay spending but avoided a direct clash on the underlying questions. The Biden Administration subsequently slow walked some border wall spending but likewise did not outright challenge Congress’ authority. Ordinarily, Congress would be expected to defend its spending authority but here we are.

The action is annoying red states and blue ones, but as with previous similar episodes expect blues to push back publicly, and obviously in court, while many red states quietly hope they prevail but will keep their heads down. One reason? Some of this money funds state operations so it’s not purely partisan at all.

Also worth noting: The Department of Education is hanging back on this – deferring all questions from media or the Hill to the White House’s Office of Management and Budget. It’s illustrative of this dynamic of fractured views around the administration around the efficacy of various things.

Bottom line: whatever you think of these programs, or federal spending more generally, government requires adherence to law, process, and predictability. As with much of what DOGE did this action is none of these things. The administration could have tested their novel legal theory in a more modest way. Instead, as is their way, politics and chaos.

Wait, Whathoo?

While we’re on process…

I’m disappointed to see Jim Ryan step down from UVA as its president—perhaps foremost as a UVA parent. When you drop your kids off for college there is a lot of emotion, but under Ryan’s leadership I had a good sense that even though the school is large, it would get small fast. He was genuinely striving for a school that is good as well as great. His welcome talk to parents is a masterclass on mixed emotions with some good advice sprinkled in. Every student, parent, and school should be so lucky.

(If you want to read a lot of back and forth on this, James Bacon—who has a dog in this fight—is nonetheless to his credit running commentary on all sides, including several former state legislators and the former head of the Virginia Democratic Party.)

I’m also disappointed as someone with history at the school: graduate school, teaching there, 12 years on what was then called the Curry board, involvement in some other projects. Ryan wasn’t perfect—the university has some real problems—and the reaction to missteps shouldn’t be to reflexively canonize someone. But he was certainly a top-tier university president.

So, speaking of deification, Ryan resisted efforts to erase Thomas Jefferson from UVA, while also making clear that Jefferson was a complicated person. He resisted the stridency of Jefferson’s intractable critics and uncritical fans. In other words: nuance that pleased few. Likewise, here he is 11 years ago pushing back on efforts to disinvite then–Colorado state legislator (now Denver Mayor) Mike Johnston from a Harvard commencement while Ryan was dean. Yes, Mike Johnston! That was a sign of the bonkeroo things to come in the culture wars, but Jim’s instincts were sound. Despite some real bumps and some issues, there is a reason UVA ranked high on FIRE’s free speech ratings.

(Full disclosure, he’s been a guestblogger here, and been featured in Friday Fish Porn more than once).

Clouds gathering over UVA.

Anyhow, this situation is troubling for a few reasons. For starters, there hasn’t been a formal, transparent process about what the specific issues are at UVA. I don’t take much convincing that there probably are some, it’s a large school. But I don’t know. You don’t know. And most of the people sounding off don’t know. Few universities don’t have challenges right now, and it’s reasonable to ask people to, you know, follow federal law. Some of this is also tied up, though, in competing interpretations of where the legal lines actually are. Some in the Trump Administration consider anything promoting diversity illegal under the Supreme Court’s affirmative action decision. Others think it’s only activities that clearly discriminate.

I prefer a more narrow interpretation. For instance, I think UVA can do more for first gen students than it does now, and don’t see that as in conflict with SFFA v. Harvard. (A few months ago Bellwether and PPI hosted an event looking at those questions.)

But you can’t just have insinuations and forced resignations directed from the Department of Justice. The lack of transparency here is a tell. If you’re confident in your case—both legally and in the court of public opinion—then make it in public.

On questions like this, process matters—especially considering this is a public university. You need evidence and findings, which can be challenged or accepted. A settlement or litigation to reach one. If the accusation is just that UVA is too lefty, well, you’ll have to cashier almost everyone in higher ed this side of Hillsdale and the Citadel—and that’s not against the law anyway. The issue is specific practices. Bring receipts.

So what doesn’t play? Threatening public jobs with letters that (as far as I know) are still not in the public domain, and also preempting or interfering with Virginia’s own governance process for its public universities. It’s a terrible precedent that should be resisted—not even tacitly validated and certainly not endorsed.

More generally, this isn’t about curbing the excesses—and yes, in some instances, illegality—of left-wing DEI efforts. It’s about just swapping that out for an also heavy-handed, illiberal right-wing version of DEI.

That’s no good, and doesn’t have to be the choice.

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Diversity, Inclusion, and Longer School Years. Plus, Give Teachers Social Security The Right Way. And Fish.

Coming Attractions:

On 6/30, I’ll be leading a keynote discussion at the NACPS conference on the state of the charter school sector. Jed Wallace and I will also record a WonkyFolk later in the day. I hope you’ll also check out sessions by my Bellwether colleagues Carrie Irvin and Jenn Schiess on academic recovery and finance.

ICYMI – Kathleen deLaski and I talked higher ed and who needs college, when, why, and how?

Philanthropy

Over on LinkedIn Goldstein’s going wild and poking bears.

Include Teachers In Social Security

The Social Security Administration released updated figures on Social Security “insolvency” and the picture is…not good:

In plain English, on his way out the door, Joe Biden signed a politically popular but not policy-sound provision eliminating measures in Social Security intended to preserve its progressiveness by accounting for workers also covered by various government pensions— who did not pay into Social Security while earning those pensions. That move accelerated Social Security’s fiscal cliff by about six months, costing about $196 billion over the next decade.

Those pension offset measures could have used reform—like many complicated government formulas, they had problems. Yet the fundamental idea that people with government pensions shouldn’t be treated the same under Social Security as a low-wage worker is an important one and, again, key to Social Security’s progressiveness.

One thing Congress and the states could do now to help, and potentially address the insolvency problem long-term, would be to sweep all teachers into Social Security. About 40% are not covered now. Yes, you read that right—40%. Including all teachers in some large states like Ohio or Illinois.

This isn’t ideal for anyone, especially given that public pension plans often have long vesting periods. Teachers can go five, seven, or nine years without being vested in a pension plan and without earning Social Security credit by paying in. Not great. Social Security isn’t a substitute for a good retirement plan for teachers, but it’s one leg of the stool.

Even well-functioning democracies tend to wait until the last minute to address big, complicated problems. Stay tuned.

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Diversity, More Instructional Time, Inclusion

It’s easy to pick on the excesses of the 2020 political pivot and what’s often referred to as “wokeness”—not in the Leadbelly sense but rather in the “math is racist and we should decolonize coleslaw” way that suddenly became prevalent and fashionable.

But it wasn’t all absurdities. In addition to raising awareness about real problems, the “reckoning,” as it is sometimes called, also led to some good ideas and progress. In our part of the world, school systems with diverse populations realized that maybe they shouldn’t just orient their calendars around Christian holidays. Suddenly, you saw days off for Eid, Diwali, Ramadan, Lunar New Year, and Jewish holidays. At one level, this is great—these are important holidays for people, and these are public institutions that should be responsive to the public.

At another level, it created frustrations. Parents had to arrange childcare on various days that, to many, felt out of the blue or like moving targets. This frustrated them. Teachers had to figure out how to navigate irregular school schedules. (People debate four-day versus five-day school weeks, but some districts are already basically there by default.)

Districts and schools realized this, and now some are walking things back—declaring holidays to be school days but non-instructional in terms of anything graded or, in some cases, even introducing new content. This addresses the childcare problem and helps comply with various state laws and policies about minimum days kids have to be in school, but it also irritates many teachers. The picking and choosing of holidays isn’t ideal either. And this creates a de facto downward pressure on instructional time—already in short supply due to various constraints.

The school year is too short, in my view. Count me among fans of year-round schools with real breaks at different times of the year—where out-of-school providers can plan to serve parents needing sustained childcare. I had hoped that the inclusion of more holidays would give cover to school leaders to start extending the school year in this direction. That didn’t happen.

It’s too bad. Instead of having non-instructional days, why not explicitly have enrichment days? Schools could remain open during holidays with an explicit focus on enrichment and extra support for students. Parents could opt kids in or out, teachers who want to work and earn more money could do so, and students could get more time and support. Schools could also offer non-academic activities. By not counting these days as mandated instructional days, this would augment learning rather than informally curtailing it, as we often do now.

Would it cost money? Of course. But everyone says they want to spend more on schools—let’s take them up on that. And if we want to pay teachers more, it will have to come with some outputs tied to those inputs. So here’s one. Polling consistently shows two things: people support increases in teacher pay tied to various criteria (not just across the board), and support for raising teacher pay declines as people learn more about how teacher compensation works.

An approach like this could address multiple issues: more money for teachers, a more responsive system, more time for students to learn when many desperately need it, and actual meaningful steps to reflect the diversity that exists in many communities. It could also help move toward a system with more flexible schedules for teachers—something important to a changing workforce.

Or, instead, we can keep doing this I guess.

Friday Fish

Chat Ratliff runs innovation for Albemarle County Public Schools in Virginia (the county surrounding the city of Charlottesville). He’s been featured here a few times with fish and his family. Today we’re going to look at his day job—specifically, a lab school program using fly fishing to teach ecology.

Here’s a local news station.

Here’s a video the school division put together:

Want more? Here are hundreds of pics of education folks, including the fishing Ratliff’s, with fish. Even more pics here.

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Is Mahmoud v. Taylor The Dumbest Education Supreme Court Case Ever?

Coming attractions. Tomorrow, Friday, at 1p ET, Kathleen deLaski and I will talk college and alternatives to college for students. The what, why, and how of that issue. Her new book approaches that question from a design perspective.

I’m moderating the keynote session at the NACPS annual conference in Orlando at the end of this month. Join us for a lively discussion on where charter schooling stands in 2025.

New Report Card podcast out: Rick Hess, Nat Malkus, and I chop it up, like the kids say. We discuss how much it truly is for that little DOGEie in the window, trench warfare at Harvard, and the reconciliation bill. Plus, a summer-themed Grade It. More.

New Report Card podcast out (Part 2): OK, it’s been a while since a posting. In the actually newest new episode just out yesterday, Nat, Rick and I talk more about Harvard and international students and “equity grading.” Also, a lot of quiet grumbling about EWA’s recent meeting from journos, we go on the record with our concerns about what it means and why it matters for discourse in the sector.

SCOTUS ended up 4–4 on the Oklahoma religious charter school case. Big question: will proponents of religious charter schools find a better vehicle and avoid a Barrett recusal next time? My colleagues Hailly Korman and Indira Dammu break that down. Meanwhile, Charlie Barone says the Dems need to up their game on charters.

Jed Wallace and I talk about all that—and more, including book recommendations—on a new WonkyFolk. Listen or watch here or wherever you get your podcasts. And we’ll be recording one in Florida at the NACPS meeting in July if you are interested.

Worst book club ever? In Ed Week Rick Hess and I take a look at the Mahmoud v. Taylor case currently before SCOTUS and talk books. Rick doesn’t like Lawn Boy; I think it’s a good book—but not for young kids (the author agrees). We get into age appropriateness, activists, and how these books all get lumped together when case-by-case is a better approach. More generally:

One thing Rick and I don’t get into: teacher training. In the hands of a poorly trained teacher—or one with an agenda or insufficient boundaries—any book can become a problem. But the solution isn’t to put blinkers on kids. It’s to train and support teachers and addressing the freelance problem. Now, if you’re wondering whether school leaders are up to that task given all the swirling ideology—well, that’s a good question. And that brings us to Mahmoud v. Taylor and a question worth pausing on:

Is Mahmoud v. Taylor the dumbest Supreme Court education case ever? 

It just might be.

And that would be no small feat. In this jurisprudential lineage, for every PierceBarnette, or Tinker, you get a Bethel or a Bong Hits 4 Jesus. Or more recently, the Kennedy case, featuring a coach whose crusade for school prayer was apparently so vital to him and his allies that after prevailing he’s now seen only on milk cartons.

At the appeals level, we’ve seen cases like Newsom v. Albemarle County, where a school district tried to ban an NRA T-shirt. And of course, we routinely revisit the Co-ed Naked Band or “I ♥ Boobies” genre of cases. Returning to Barnette: every few years, some administrator forgets you can’t compel students to recite the Pledge of Allegiance (that precedent is only eight decades old—be patient).

Now, about Mahmoud v. Taylor. The case started in Montgomery County, MD, and was argued this April. It’s absurd, but no joke. The issues at stake are important. So are the underlying dynamics. Yet, it’s a case that never should have made it to the Supreme Court. Here’s one Montgomery County parent on that.

Natalie Wexler makes the case that courts shouldn’t decide issues like this—local parents and school officials should.

Worth noting: the number of amicus briefs supporting neither party—just trying to limit the damage. Here’s one from education associations. Here’s another.

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Once the case was filed, the school district should have paused. It should have stopped fighting and moved toward a more sensible policy. Note: The original case was Mahmoud v. McKnight, but that superintendent left the district, and the new superintendent, Thomas Taylor, a respected Virginia administrator, inherited the case and is now the named defendant. This is quite the parting gift.

This is ChatGPT’s sense of what it would look like (after it returned an image with 12 justices first).

The core issue: Can parents opt their children out of public school activities that conflict with their religious beliefs? In some ways, this question is settled—sex ed, for example, often allows opt-outs. About a century ago, SCOTUS affirmed parents’ right to choose religious schools in Pierce. But this case goes further because the material in question isn’t a discrete unit—it’s embedded in the curriculum. That’s why the stakes are so high.

What happened: Post-2020, Montgomery County started using a collection of books to teach about LGBTQ+ topics, intersectionality, and related themes. Why? Because 2020. Still, as I noted in my discussion with Rick Hess, it’s a mistake to treat these books as a uniform set—they vary. Some are overtly political; others just feature gay characters in otherwise timeless narratives.

In any case, many parents began opting out. And while the immediate assumption was that this was just white reactionaries at it again, it turned out to be a cross-section of families—including many Muslim parents. The lead plaintiff is Muslim. I heard a lot of quiet WTFs from parents in Montgomery County who are fairly left in their politics. A few things worth pausing on:

First: This reaction surprised people—especially the loud leadership class oriented white progressives steeped in the essentialness of intersectionality (never mind most hadn’t heard of the term or idea a year earlier). Despite preaching “cultural competence,” at the rest of us many of these folks in Montgomery County seemed shocked that Muslim families wouldn’t be thrilled about Pride Puppy. We can debate whether that’s good or bad—but it’s real. The resulting rhetoric was… not great.

Second: Come on. It’s 2025. Your kids are going to encounter gay people in the world. If that’s a dealbreaker for you then public school may not be the right fit. Maybe look into living like this? Because seriously—what’s the limiting principle? No openly gay teachers? No mention of different family structures? At the same time we can leave some space for families with different views who want space—especially in the early grades. That’s the core issue here. Pluralism must go all ways, and we badly need that conversation in schools right now about how to balance things. This is not it. (Worth flagging here: The Supreme Court just declined to hear an adjacent and consequential First Amendment student speech rights case).

Today’s education leaders increasingly frame the fight as “Don’t Say Gay” vs. “Gender Theory for Kindergartners,” and then pick a side—sometimes reluctantly, sometimes enthusiastically. But the real loser isn’t either faction (they’re both fundraising and thriving on social media just fine)—it’s public schools. Because it’s the wrong fight. The real threat is the erosion of trust and the activists fueling it alongside declining enrollment, demographic changes, and fiscal pressure.

Montgomery County saw the wave of opt-outs—so many they claimed it was a problem—and instead of seeing it as a signal to heed, they doubled down. They eliminated opt-outs and simply made the material part of the curriculum. That created awkward inconsistencies: for instance, depictions of the Prophet Muhammad were disallowed, but LGBT-themed material that some parents objected to remained. Parents were enraged. And remember: this was all happening in kindergarten and early elementary classrooms. Age really matters to this conversation. It should be one of the first questions you ask when this comes up.

It was the education version of “but the groups,” and a missed chance to lead and show that these things can be balanced. We’re not as divided as the activists on both sides would have you believe.

In other words, it was a terrible choice of hills to die on—and, of course, the county got sued. And now, we’re possibly facing a major SCOTUS decision with broad implications. About something that could’ve been resolved through basic dialogue and principle-based leadership. Certainly without the Supreme Court.

Great work, everyone.

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