But the staff, hoping to avoid debates over families鈥� religious beliefs, has chopped roughly 30 sections out of the curriculum, including a kindergarten lesson on the Golden Rule featuring Jesus鈥� Sermon on the Mount and several excerpts about a Christian prayer the governor of Plymouth Colony said at the first Thanksgiving.  

The district鈥檚 elementary teachers 鈥渨ent through the materials looking for things that may be controversial,鈥� said Superintendent Joe Craig. They didn鈥檛 feel those parts of the curriculum 鈥渨ere in line with what we wanted the lesson to focus on.鈥� 

Fairfield鈥檚 process reflects the kind of that many districts have taken toward 鈥� the state-developed materials that prominently feature the Bible and Christianity. With feedback from 300 teachers, Fort Worth, the fifth largest district in the state, adopted the phonics portion of the curriculum, but turned down the units with religious material. Some districts ordered just a few books, likely for , while the Houston and Dallas districts opted to keep what they currently use.

Texas has spent roughly $100 million 鈥� and counting 鈥� to develop and promote its own reading curriculum. But some observers say they wouldn鈥檛 be surprised if districts aren鈥檛 rushing to pick it up, considering the State Board of Education approved it by a one-vote margin. 

鈥淭hey may be reluctant to bring that same controversy into their districts, especially in communities with families of diverse religious backgrounds,鈥� said Eve Myers, a consultant with Strive Public Policy Resources, a political consulting and lobbying firm that is tracking adoption of the program. 鈥淚t鈥檚 potentially a distraction from their focus on the budget, student achievement, school safety and all the other pressing issues they must address.鈥�

Texas has over 1,200 districts and about 600 charter schools with elementary grades. Of the state鈥檚 20 largest districts, only Conroe, north of Houston, intends to use the program this fall. A shows that between May and late July, 144 districts and charters, mostly mid-sized or small, ordered the materials. 

State board members have asked for the total number of districts using Bluebonnet. 鈥淭hat’s the question we would all like to know,鈥� said Pam Little, a board member who voted against the reading program last November.  

Other districts could be using the online version of the materials, but whether students would have actual books, and spend less time on screens, was a major debate last year during the board鈥檚 consideration of the program.

State leaders and conservative advocates say the religious content reflects a classical and appropriate way to teach literacy skills along with history and culture. Others like the emphasis on cursive writing and challenging vocabulary. In an interview with 社区黑料 last year, State Commissioner of Education Mike Morath said a phonics-based curriculum that also builds students鈥� background knowledge can help the state recover from in reading skills due to the pandemic.

But the program sparked a statewide debate over whether political leaders are forcing Christianity into public schools. Bluebonnet makes its debut in the classroom at the same time schools will be required, under a new state law, to display the 10 Commandments. Gov. Greg Abbott also signed in June that allows districts to offer a daily, voluntary period of time to pray and read the Bible or other religious texts. Under a similar 2023 law, districts can hire chaplains to volunteer as counselors, but aren鈥檛 participating.  

鈥淭here is definitely a disconnect between the radical far right agenda 鈥� and what school boards who are accountable to local families and students are actually going to do,鈥� said Guthrie Graves-Fitzsimmons, senior director of policy and advocacy at the Interfaith Alliance, a national group that advocates for church-state separation. Texas, he said, is 鈥渢aking away the rights of clergy and parents to lead religious instruction.鈥�

鈥楬ard on the teacher鈥�

In the 73,000-student Conroe school district, Dayren Carlisle, a curriculum director, said leaders picked Bluebonnet because teachers were previously working with a patchwork of materials. They often spent 鈥渁rduous hours preparing for reading and writing instruction,鈥� she told 社区黑料 in an email. Bluebonnet provides a coherent set of lessons that meet state standards, she said.

But parent Christine Yates advocated against it. 

鈥淚 don’t think religious-based instruction belongs in any type of public school setting,鈥� said Yates, whose children will be in second and fourth grade this fall. Her family doesn鈥檛 attend church and she鈥檚 concerned that the lessons dealing with faith are just 鈥渂orrowing trouble.鈥� 

Becky Sherrill, a former Conroe teacher, sympathizes with educators who will have to navigate parent鈥檚 requests to opt their children out of the lessons. It鈥檚 a right that many parents might be more likely to exercise this fall because of a June U.S. Supreme Court opinion in favor of religious families who want their children exempted from hearing stories with LGBTQ themes.

鈥淚t鈥檚 hard on the teacher. It’s already so hard at Christmas or even with birthdays,鈥� Sherrill said, referring to Jehovah鈥檚 Witnesses she has had as students. 鈥淵ou can’t give some kids cupcakes because they don’t celebrate birthdays.鈥�

She鈥檚 already homeschooling her middle school son and has pulled her daughter, a fifth grader, out of the district as well, largely because of Bluebonnet and the 10 Commandments law. 

At a May board meeting, Carlisle explained to the board how teachers will field requests from parents who want to opt their children out of the lessons. 

鈥淚f a parent were to complain about this鈥� we would have to find a completely different text,鈥� she said. 

But that didn鈥檛 sit well with Tiffany Baumann Nelson, one of three , who call themselves Mama Bears, elected in 2022.

鈥淭here is no religion in this curriculum,鈥� she argued. 鈥淭hey’re all historical references, and so in my opinion, there should be no alternative or modifications.鈥�

Whether districts are removing biblical material or parents are opting their children out of the lessons, Little, the state board member, worries students could miss literacy skills they are supposed to learn. 

鈥淪ay an East Asian religious parent has decided they don’t want their child to have [a Bible story]. Is that child going to miss skill development?鈥� she asked. Accommodating parents鈥� requests will also be a burden on district staff. 鈥淲丑补迟 is the cost involved in the manpower time for these districts to go through and eliminate the religious content? There was no need for the controversy that the religious content is going to start.鈥� 

鈥�Reviewed it and loved it鈥�

The state board narrowly approved the new program last fall after the Texas Education Agency spent roughly $84 million to adapt an existing reading curriculum, from the company Amplify. Renamed Bluebonnet, after the state flower, the Texas version includes highlights of Jesus鈥� ministry and offers an evangelical view of early American history. Lessons for example, include the , an art history unit based on the creation story from Genesis and scriptural references to the motto on the . 

The agency, which would not provide a list of all districts that have ordered the program, paid multiple companies and content experts to craft and review the lessons, including the far-right Texas Public Policy Foundation. Hillsdale College, a Christian school in Michigan, volunteered to work on units related to America鈥檚 founding, and a Christian media company, co-founded by Mike Huckabee, U.S. ambassador to Israel, contributed illustrations. But Texas officials refused to identify who wrote the biblical passages. 

In response to backlash, officials added more references to Islam and Hinduism and removed some texts that were offensive to Jews, but the final version still references Christianity more than other religions.

鈥淲e reviewed it and loved it,鈥� said Cindi Castilla, president of the Texas Eagle Forum, a conservative organization. She pushed for state board approval of the curriculum last year, saying that there is 鈥渞ichness in biblical literature鈥� and that Bible stories teach children character traits and the origins of the legal system. 

Since then, she examined the final version with retired educators who have experience teaching a classical curriculum and thinks it will strengthen students鈥� cursive and phonics skills. That鈥檚 why Gina Eubank wishes her grandchildren鈥檚 school districts 鈥� Katy, near Houston, and Belton, near Waco 鈥� had adopted the materials. 

鈥淚 watched 鈥� fourth- and sixth-grade honor students write a thank you note and was shocked by what I saw 鈥� the lack of legible handwriting and the horrific spelling,鈥� she said.

鈥楶romote, market and advertise鈥�

Districts on the fence about Bluebonnet can reconsider their decision next year. To make it more enticing, lawmakers added financial incentives 鈥� up to $60 per student for districts that use state-approved materials. That was likely one reason why the 27,000-student Lubbock schools adopted it, said Clinton Gill, a former math and science teacher in the district who now works for the Texas State Teachers Association.

At the same time, he thinks district leaders assume students will stand a better chance of performing well on the state test if officials match it up to a curriculum the state developed. Adopting Bluebonnet 鈥渁lso helps the district not have to hire staff to write curriculum when they get it from the state for free.鈥�

The per-student bonus isn鈥檛 the only way the state aims to ensure Bluebonnet becomes the preferred choice. In December, the month after the board approved it, the Texas Education Agency quickly made Bluebonnet available to order. Materials from other publishers weren鈥檛 available until May.

鈥淚t seems that Bluebonnet Learning had an advantage,鈥� Little told Morath, the commissioner, during . She said she heard complaints from publishers over the issue.

Morath called the delay a 鈥渙ne-time exacerbated problem鈥� because the state had to add new language to contracts with publishers before making their materials available to districts. While the time lapse should be shorter next year, he said there would always be some gap.

In the current , lawmakers authorized Morath to contract with businesses to 鈥減romote, market and advertise鈥� Bluebonnet. A provides $243 million to districts to help with implementation costs, like coaching for teachers. 

Last year鈥檚 budget included $10 million for regional education service centers to do similar work for districts adopting Bluebonnet. The centers are expected to for increasing the number of districts using the materials in their region to stay eligible for future funding. 

Some leaders in the state say that top-down pressure could alter the relationship the centers have traditionally had with school systems in their regions. They help districts, especially smaller ones with fewer central office staff, stay in compliance with state regulations or work on school improvement. 

The service centers have always been a 鈥渉ub of knowledge,鈥� said Martha Salazar-Zamora, superintendent of the Tomball Independent School District, north of Houston. Expecting districts to sell Bluebonnet, she said, 鈥渉as been more of a strategic push.鈥�

She doesn鈥檛 doubt that Bluebonnet will boost reading scores for some students, but Tomball is already rated a in the state鈥檚 accountability system.  Another reason why she didn鈥檛 consider the program is because a Spanish version is not yet available. Her district, where about 35% of students are , has a Spanish-English .

鈥淚 love anything that helps kids,鈥� she said. 鈥淚 just don’t think it’s the right tool for every district.鈥�

The effort to get on the November 2022 ballot is just getting started, but such a statute would give parents 鈥渓egal standing鈥� before a judge to argue that districts should make better use of education dollars, said initiative spokesman Michael Trujillo, a veteran political strategist.

鈥淗ere鈥檚 a chance for parents to become effective policymakers on behalf of their children,鈥� said Trujillo, who has long worked for former Los Angeles Mayor Antonio Villaraigosa, a supporter of the initiative.

The move comes as parents across the country are vocally asserting their rights to influence the education agenda. Parents鈥� anger over school closures and controversial diversity and equity initiatives was considered a key factor in tipping the Virginia governor鈥檚 race in favor of Republican Glenn Youngkin.

The California initiative would be the third effort nationally to enshrine a child鈥檚 opportunity to receive a high-quality education in a state constitution. Supporters have launched similar campaigns in and . 

鈥淗aving that right in the constitution could be very helpful in addressing long-standing inequities in our educational system and closing opportunity gaps,鈥� said Ted Lempert, president of Children Now, an Oakland-based advocacy organization. He added that 鈥済etting more dollars to kids of color and English learners has to be part of the equation.鈥�

The California initiative, however, includes wording that would prohibit courts from issuing remedies that include 鈥渘ew mandates for taxes or spending.鈥�

That restriction could be an obstacle to improving educational quality, said Jessica Levin, a senior attorney at the Education Law Center, based in New Jersey. 

鈥淢ore funding would be the way to address many of the issues that the proponents of this initiative are purporting to want to fix,鈥� she said. The center represented plaintiffs in , a 1998 New Jersey school finance case that led to far-reaching reforms, including universal preschool for 3- and 4-year-olds.

A from the center gives California a C for the level of per-student funding schools receive from state and local sources. But it grades the state a D on how much it spends on education as a percentage of overall economic activity 鈥� less than 3 percent.

State constitutions, Levin added, all include some 鈥渁ffirmative obligation鈥� to provide students a public education, but courts have varied in how they interpret what that education should include.

Federal courts in recent years have also been asked to consider whether the U.S. Constitution should entitle children to an education. Last year, Michigan Gov. Gretchen Whitmer agreed to a $100 million settlement in a 6th Circuit Court of Appeals case in which seven Detroit students argued their schools had failed to teach them to read.

On Nov. 1, the 1st Circuit Court of Appeals heard oral arguments in in which 14 Rhode Island students argue their schools don鈥檛 provide civics education, leaving them unprepared to exercise their rights as citizens. 

鈥楾here鈥檚 no remedy鈥�

In California, David Welch, who waged a lengthy challenging state laws on teacher tenure and seniority, is behind the ballot initiative. That lawsuit, Vergara v. California, argued such provisions keep poor and minority students from having effective teachers. In 2016, the California Court of Appeals ultimately held that the attorneys for the nine student plaintiffs were unable to prove that state law controlled teacher assignments.

The state鈥檚 powerful teachers unions came out on top when the state supreme court declined to review the case. A ballot measure that aims to improve schools by making it easier to fire ineffective teachers would be certain to reopen that fight. Levin said the initiative 鈥渙n its face鈥� might sound appealing, but could be a way to once again go after teacher tenure and laws that  result in new teachers being the first to go when budgets are cut.

Trujillo said the initiative is not just an effort to revive Vergara. 

鈥淲丑补迟 Vergara taught us is that there is a right to a free education,鈥� he said, 鈥渂ut if you want to sue because of a reading gap, there鈥檚 no remedy.鈥� 

Some experts say the measure, which would need roughly a million signatures by June to qualify, is vague and ignores the limitations districts face when the majority of their budgets are spent on salaries. Laura Preston, director of governmental affairs at F3Law, a California firm that handles education cases, said laws that require districts to negotiate budgets with teachers unions can limit flexibility to address students鈥� needs. 

Schools are also facing teacher shortages now and even superintendents are 鈥� not a time to discuss getting rid of teachers, she said.

The initiative is 鈥渟o broad that we鈥檙e all trying to figure out what it means,鈥� Preston said, calling the proponents 鈥渁 bunch of people who don鈥檛 know how education works trying to reform education.鈥�

鈥楢 battle royale鈥� 

The effort to add the constitutional amendment isn鈥檛 the only California initiative likely to provoke a fight with the teachers unions. A venture capitalist is behind a measure to eliminate collective bargaining for public sector employees. The argues that unions 鈥減rotect bad employees.鈥�

A failed in 2012, but the prolonged school closures could have shifted some voters鈥� attitudes. Julia Koppich, an independent San Francisco-based researcher, said proponents could play on 鈥渦nions being blamed for keeping schools closed longer than some parents thought they needed to be.鈥�

Republicans tried to use parent frustration with school closings during the September election to recall Gov. Gavin Newsom, but were unsuccessful.

鈥淚鈥檓 not sure if that anti-union, pandemic-specific anger is of the lasting variety,鈥� Koppich said, but even so, 鈥渋f this initiative is on the ballot, it will be a battle royale and an expensive one.鈥�

Lisa Gardiner, a spokeswoman for the California Teachers Association said members 鈥渃ertainly believe that all students deserve a high-quality public education,鈥� but that the union does 鈥渘ot take positions on 鈥� or even consider 鈥� ballot measures until they have qualified for the ballot.鈥�

School closures are also fueling efforts to get two private school choice initiatives on the ballot. Now in the signature-gathering phase, both would create education savings accounts, of either $13,000 or $14,000 per year, that families could use for private and religious school tuition. 

鈥淭he pandemic required families to try alternatives,鈥� according to . 鈥淭oday more than 60 percent of families are interested in alternative learning options for their students beyond the traditional public school system.鈥� 

State officials estimate the cost of the program would range from $4 billion to $7 billion, which 鈥渃ould be paid with reductions to funding for public schools and/or reductions to other programs in the state budget.鈥�

The unions are also likely to oppose efforts to expand school choice in the state. Trujillo said he鈥檚 expecting a 鈥渨ell-funded鈥� campaign to defeat the constitutional amendment guaranteeing a high-quality education if it goes before the voters. But he鈥檚 hoping that when proponents highlight smaller class sizes and higher pay for qualified teachers as possible results of the amendment, the unions might like what they hear. 

鈥淯nions that want to oppose this are going to feel like they鈥檙e in upside-down land,鈥� he said.

But other families, and those on all sides of the school choice issue, are already speculating about how far the court鈥檚 conservative majority will go.

One of those families is the Nelsons, the other plaintiffs in , which the court will hear Dec. 8.聽This fall, Troy and Angela Nelson鈥檚 son Royce will be a sophomore at Erskine Academy in South China, Maine 鈥� the secular private school the family chose when they had to forgo 鈥渢he religious school they believed was best for their kids,鈥� said Michael Bindas, a senior attorney with the libertarian Institute for Justice, who represents the plaintiffs in the lawsuit over the state鈥檚 town 鈥渢uitioning鈥� policy.

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The Supreme Court moved in the direction of greater religious freedom last year with its opinion in , which focused on a tax credit scholarship program. But the decision was limited. While the court said states can鈥檛 ban religious schools from choice programs simply because they鈥檙e religious, they left open the question of whether states could exclude them because they might spend the money on religious instruction. Focusing on that second question, the 1st Circuit Court of Appeals sided with Maine. Now Carson asks the Supreme Court to take the next step and rule that religious schools can participate in choice programs regardless of their curriculum. Some argue a ruling for the plaintiffs in Carson would be another step toward allowing religious organizations to run charter schools 鈥� a worst-case scenario for many advocates.

In the short term, the outcome in Carson would affect New England states with tuition assistance programs, in which towns without a school cover the cost of tuition at public or private schools.

In June, the that students in Vermont can use public funds at religious schools. So far the state hasn鈥檛 appealed the ruling, perhaps waiting for the Supreme Court to weigh in on Carson. And maybe in anticipation of the justices siding with the plaintiffs, Gov. Chris Sununu in neighboring New Hampshire signed in July removing the restriction on religious schools in that state鈥檚 tuitioning program.

A decision for the plaintiffs could prompt some states to get out of the voucher business if they can鈥檛 place restrictions on curriculum, noted Preston Green, an education professor at the University of Connecticut.

Other states with private school voucher programs, such as Florida, Indiana and North Carolina, already allow religious schools to participate.

鈥淢ost legislatures do the right thing when they adopt these programs,鈥� said Bindas, with the Institute for Justice, adding that Espinoza鈥檚 opponents argue the decision didn鈥檛 specifically say states can鈥檛 ban religious schools because they teach religion.鈥淚f the Supreme Court rules correctly, that argument will be removed from the arsenal of the school choice opponents.鈥�

A more recent ruling in a case involving a Catholic social services agency has some legal experts suggesting moderates on the court won鈥檛 go too far.

Derek Black, a constitutional law professor at the University of South Carolina, said he doesn鈥檛 think the court is ready to 鈥渏ump off the cliff and say the state can鈥檛 even restrict money being spent on the bread for communion.鈥�

While it didn鈥檛 directly focus on education, the court鈥檚 9-0 June ruling in is relevant, Black said. In that case, the justices held that the city couldn鈥檛 exempt some foster care agencies from its nondiscrimination policy while denying the same exception to a Catholic agency just because it was opposed to placing children with same-sex couples.

While the decision was unanimous, conservative Justices Samuel Alito, Clarence Thomas and Neil Gorsuch argued for a broader interpretation in favor of greater religious freedom. But Justice Amy Coney Barrett, joined by Justices Brett Kavanaugh and Stephen Breyer, opted for more narrow protections that still allow government agencies to generally enforce nondiscrimination laws.

鈥淒o the justices want to create breathing space for religion? Yes,鈥� Black said. 鈥淒o they want religion to overcome the state? No.鈥�

鈥楧ominoes falling鈥櫬�

The possibility of a ruling in favor of the Carsons nonetheless alarms those who believe such programs violate the First Amendment.

Green doesn鈥檛 think a decision for the plaintiffs would immediately lead to churches or other religious organizations running charter schools, but added, 鈥淵ou鈥檙e really, really close.鈥�

鈥淭his is about dominoes falling and it鈥檚 a deliberative legal strategy,鈥� he said. 鈥淭hey don’t need to do it right away. They just need to establish a true line where they can make these legal arguments.鈥�

Nicole Garnett, a law professor at the University of Notre Dame and a colleague of Justice Barrett when she taught there, addressed the issue last December. She argued in for the conservative Manhattan Institute that even the Espinoza decision allowed for religious charter schools.

Garnett said that while states established charters as new public schools, they share similarities with private schools because parents choose them.

鈥淎s programs of private choice, charter school programs may include religious schools,鈥� she wrote, adding, 鈥淚f charter schools are permissible, religious charter schools must be permitted.鈥�

But Nina Rees, president and CEO of the National Alliance for Public Charter Schools, rejects the notion that charters are private.

鈥淐harter schools are public schools and are subject to the First Amendment鈥檚 Establishment Clause,鈥� she said. 鈥淐harter schools have never been able to, and cannot now, teach religion. Neither Espinoza nor a win for plaintiffs in Carson changes that.鈥�

She stands by despite an Aug. 9 ruling by the 4th Circuit Court of Appeals in over whether charter schools鈥� uniform policies can require girls to wear skirts. The court ruled that charters are not 鈥渟tate actors鈥� and that requiring girls to wear skirts violates their constitutional rights. This decision could strengthen the argument for religious charters.

In a recent , Black and Rebecca Holcombe, former Vermont education secretary, wrote that religious charter schools would 鈥渢ake a wrecking ball to public school funding.鈥�

鈥淪tates would suddenly become financially responsible for millions of students who previously chose to forgo public education,鈥� they wrote. 鈥淚n places already struggling to maintain public infrastructure, public budgets would now be on the hook for religious infrastructure.鈥�

But one thing is clear, Garnett wrote: Whether advocates pursue the issue through legislation, an attorney general鈥檚 opinion or in the courts, 鈥渢he legality of religious charter schools will be tied up in litigation, perhaps for years.鈥�

Olivia Carson鈥檚 parents, David and Amy Carson, can relate. They filed their initial complaint about the state鈥檚 tuitioning program in 2018, when Olivia started 10th grade.

Bangor Christian Schools 鈥� where a church, classroom buildings and a radio station sit on a 35-acre, wooded campus 鈥� is a family tradition. Olivia鈥檚 parents attended the school. So did David Carson鈥檚 mother. Her aunt and uncle work there, and Olivia spent all of her K-12 years there.

鈥淲e kept [Olivia] at Bangor Christian just because of the environment and the academics,鈥� said Amy Carson, who manages the paperwork for her husband鈥檚 construction business. 鈥淚t鈥檚 been good for her, being an only child. It鈥檚 like a whole other family.鈥�