Even though Jorge and his younger sister are only two years apart in age, their college experiences are headed in different directions.

They were both motivated and highly engaged high school students in Central Texas. But after graduation, he went to Austin Community College and had to work three jobs to pay for tuition. She enrolled at Texas State University on a full scholarship.

It wasn鈥檛 academics or ambition that separated the siblings, but their immigration status. Their parents, seeking economic opportunity, crossed the U.S.-Mexico border with Jorge in their arms when he was 1 year old. They had his sister in Austin a short time later.

This fall, Jorge hoped to finally be on equal footing with her. The 21-year-old had saved enough money to afford tuition at Texas State and had applied to transfer there to study mechanical engineering. His plans depended on having access to in-state tuition, the lower rate that Texas residents pay to attend public colleges and is often half, or even a third, of what out-of-state students are charged.

But the siblings鈥� path may soon split for good. Last week, state officials agreed to the federal government鈥檚 demand to living in Texas.

Jorge is one of thousands of students whose education plans may have been truncated by the ruling. Their aspirations 鈥� to become engineers or lawyers, or join other professions 鈥� haven鈥檛 disappeared. But the road has grown steeper. For some, it may now be out of reach.

The Texas Tribune spoke to four students who were brought into the country when they were young and are weighing what last week鈥檚 ruling means for their college plans. They requested anonymity out of fear that being identified publicly could make them or their families a target for deportation.

The students said they had been on high alert for months, fearing that the Texas Dream Act 鈥� the 2001 law that allowed undocumented students to qualify for in-state tuition and state financial aid 鈥� would be repealed this year as anti-immigrant rhetoric soared with the start of a new Trump administration.

Federal officials have set a goal of deporting 1 million undocumented immigrants by the end of this year, and perhaps no state has extended them as much help as Texas. Gov. said the National Guard can now . State lawmakers have from the state鈥檚 budget on border security and passed a law this year to work with U.S. Immigration and Customs Enforcement. And a proposal to end the Texas Dream Act in the Texas Legislature than it had in a decade.

鈥淭his one got further along than I was comfortable with, so I was keeping my eye on it,鈥� Jorge said.

The students were relieved when lawmakers ended this year鈥檚 legislative session without repealing the law, but it was short-lived. They hadn鈥檛 prepared for the federal government and state officials to turn to the courts to dismantle the long-standing policy.

Schools, many of which had already started summer classes, were also caught off guard and have struggled to answer critical questions: What will happen to students who can鈥檛 pay the difference in tuition? Will they be left with debt and no degree?

Students have been trying to find their own answers, with little luck. College access advocates and legal experts say they are still trying to gauge the ruling鈥檚 implications and whether it can be challenged.

Soon after the court announced its decision, Jorge鈥檚 friends texted him a news article about it.

鈥淚 was shocked,鈥� he said. 鈥淚 stayed up until 3 in the morning just reading everything I could.鈥�

From dream to disappointment

For nearly 24 years, the Texas Dream Act made college more affordable for students like Jorge.

The law extended access to in-state tuition rates to university and college students who are not U.S. citizens but have lived in Texas for three years prior to graduating high school and one year prior to enrolling in college. The law required them to sign an affidavit declaring that they would apply for permanent legal residency as soon as they were able.

About 19,500 students signed an affidavit to qualify for in-state tuition in 2023. That number not only includes students living illegally in the country but also those who are here on visas, such as those whose parents received work permits and reside legally in the U.S. The Texas Higher Education Coordinating Board, which tracks the number of affidavit signers, has told lawmakers the agency does not ask students to disclose their immigration status.

Affidavit signers are also eligible to receive state financial aid. Texas GOP senators have expressed concern that those students take an outsized portion of the state aid available, but according to Every Texan, a left-leaning policy research institute, that鈥檚 not the case. Affidavit signers received $17.3 million of the $635.2 million 鈥� less than 3% 鈥� of the aid distributed in 2023, the group found.

The law was not controversial when it was passed. It was seen, , as a common-sense way to boost the economy. Undocumented students contribute more than $80 million annually to the Texas higher education system and fill vacancies in critical sectors like health care, education and technology, according to .

But the Tea Party movement and President Donald Trump have pushed the Republican Party, in Texas and across the country, toward a more nativist stance.

In 2021, Abbott launched a billion-dollar border security initiative called . As part of that effort, he increased the penalty for the state crime of trespassing and directed state troopers . Abbott across the state this week to respond to protests against federal deportation raids, which his office says have devolved into lawlessness in cities like Los Angeles.

Republicans now argue the Texas Dream Act amounted to a subsidy that deprived U.S. citizens of opportunities. Texans for Strong Borders, an influential anti-immigration group, said the law encouraged people to immigrate to the country illegally.

Last week, the U.S. Department of Justice sued Texas, arguing the Texas Dream Act 鈥渦nconstitutionally discriminates against U.S. citizens.鈥� Texas Attorney General , a long-time critic of the law, chose not to defend it in court despite his history of suing past presidential administrations for overstepping their authority and infringing on the state鈥檚 rights. A federal judge favored by conservative litigants quickly ruled in favor of the Justice Department and declared the law unconstitutional.

Republicans quickly celebrated the Texas Dream Act鈥檚 demise. State Sen. , the chair of the Texas Senate鈥檚 education committee and the architect of the state鈥檚 diversity, equity and inclusion ban and other sweeping higher education reforms, that he had filed legislation to end in-state tuition for undocumented students multiple times in previous sessions.

鈥淭his is a long-overdue win for the rule of law, fiscal responsibility, and Texas taxpayers,鈥� the Conroe Republican said.

to eliminate the policy without giving undocumented students and their supporters a chance to push back. The federal government鈥檚 argument that undocumented students are receiving benefits denied to U.S. citizens is false and misleading, said Monica Andrade, an attorney and director of state policy and legal strategy at the Presidents鈥� Alliance on Higher Education and Immigration.

鈥淚n fact, any U.S. citizen who meets the same criteria 鈥� such as attending and graduating from a Texas high school 鈥� qualifies for in-state tuition. These requirements apply regardless of immigration status,鈥� she said.

For Jorge, the political fights over immigration have always cast a shadow over his college dreams.

He wants work for Engineers Without Borders, a humanitarian organization that helps establish clean water, sanitation and infrastructure in developing countries.

His parents taught him that 鈥渆verything that we do has to be for the betterment of the world, because it鈥檚 simply what we as humans owe one another,鈥� he said. 鈥淭he idea of not using education to try to improve the world in some way seems a bit, I don鈥檛 know, backwards.鈥�

Jorge has paid for school himself, starting out working for his father鈥檚 construction company before taking additional jobs as a waiter and a cashier. His schooling has taken longer than usual because sometimes he couldn鈥檛 afford to attend full time, even with access to in-state tuition.

鈥淚 take pride in the fact that my parents don’t have to worry about me being short on bills for school,鈥� he said, 鈥渂ut when it comes to rent and bills, I am definitely still dependent on my family.鈥�

Jorge said he applied to Texas State not because his sister goes there, but because it was affordable. He could keep costs down by continuing to live with his family and commuting to San Marcos for class.

Without access to in-state tuition rates, he said, Texas State is anything but cheap. According to the university鈥檚 website, taking 15 hours in the fall would now cost him an estimated $24,520 in tuition and fees. That鈥檚 double what he would have to pay with in-state tuition.

Jorge still hopes the judge鈥檚 ruling can be overturned. A group of undocumented students took the first steps in that direction this week by asking the judge to . But legal experts say an appeal is a long shot that will likely take months to resolve.

In the meantime, Jorge has already started looking into whether he can finish his degree at a Mexican university online.

鈥淚鈥檇 like to give more back to this country, but if that鈥檚 the option in front of me, I can鈥檛 say I wouldn鈥檛 take it,鈥� he said.

Other undocumented students, even those who have received state financial aid or private scholarships, have also started looking for backup plans.

Aurora, a 26-year-old student at Texas A&M University-San Antonio, is racing to finish her psychology degree. She enrolled in as many classes as possible this summer and fall because she was worried the Legislature would repeal the Texas Dream Act.

鈥淎 lot of us were already nervous, because we kind of feared that this was going to happen, but we just didn’t think it would happen so soon,鈥� she said.

TheDream.US, a national organization that awards scholarships to undocumented students going to college, provides roughly $4,000 to Aurora each semester. But she鈥檇 be at least $6,000 short if required to pay the out-of-state tuition rate. After the court鈥檚 decision, she wondered if she would have to withdraw from her classes for now.

Some students said they felt betrayed.

A.M., a 24-year-old recent Texas A&M University graduate, said he wanted to return to the school to pursue a master鈥檚 degree in public service and administration, but paying out-of-state tuition would be too costly for him. He is also reassessing his options.

A.M. lamented that Paxton didn鈥檛 defend the state law in court, especially after lawmakers declined to repeal it during this year鈥檚 legislative session.

鈥淚t provides a lot of undocumented students with opportunities to fill labor shortages here in this state,鈥� he said. 鈥淎nd yet, Paxton kind of turned his back on us, on all of us Texans.鈥�

Colleges face questions

Days after the ruling upended Texas鈥� tuition policy, state officials and universities still can鈥檛 say what happens next, leaving students without much guidance on how to move forward.

Fifteen Democrat state representatives to the Texas Higher Education Coordinating Board last week asking it to create a first-generation resident tuition rate to allow students who benefited from the Texas Dreamer Act to enroll this fall at a more affordable rate.

鈥淭his action would not override statute but would provide a critical bridge until the Legislature can return to address the matter,鈥� reads the letter, which state Rep. , D-Austin, posted on social media.

Friday evening, the agency replied that it does not have the authority to do what the lawmakers proposed.

The Tribune reached out to the nine Texas public universities and colleges with the highest enrollment of affidavit signers and asked them if they would charge those students the higher rate immediately; if students who had already paid in-state tuition rates for summer classes would have to pay the difference; or if students would have any recourse to challenge the higher costs. The University of Texas at Austin, the University of Texas at Arlington, the Dallas College District and Houston Community College did not respond.

It鈥檚 unclear if any Texas university knows which of their students are undocumented or how they will determine who should now be charged the out-of-state tuition rate. The University of Houston System said it does not require applicants to disclose their immigration status. Other schools 鈥� including Texas A&M University, Lone Star College, the University of Texas at Dallas and UT-Rio Grande Valley 鈥� did not answer when asked if they do. They said they were still trying to understand the ruling and what it means for their students.

UT-RGV officials acknowledged the ruling鈥檚 likely impact on students鈥� financial plans.

鈥淥ur priority and focus are on minimizing disruption to student success consistent with applicable law and helping students navigate this transition with clarity and care,鈥� said Melissa Vasquez, a university spokesperson, in a statement.

College access experts worry colleges could start identifying undocumented students to cut off their access to in-state tuition rates, which could expose them to immigration enforcement.

In addition, they said, the ruling could set the state back on its goal of having 60% of Texans between the ages of 25-34 . As of 2021, only 49% of Texans in that age group had done so, according to the most recent data from the Higher Education Coordinating Board.

鈥淲e are hopeful that colleges will do what they can to help students complete the path they started,鈥� said Will Davies, director of policy and research at Breakthrough Central Texas, a nonprofit dedicated to helping students from low-income communities become the first in their family to go to college. 鈥淚 mean, that鈥檚 good for all Texans. No one benefits from forcing students to stop out with existing debt and without the credentials that can help them achieve economic stability.鈥�

Ale, 24, worked hard to graduate from the University of North Texas with a degree in political science, knowing her efforts might not pay off.

She has work authorization and a driver鈥檚 license via the Deferred Action for Childhood Arrivals program, which was created under the Obama administration and shields some undocumented immigrants who were brought to the U.S. as children from deportation. DACA, which is also facing legal challenges, allowed Ale to split her week working four days as a hotel manager and attending classes at the University of North Texas in her remaining time. One semester, she and her parents worked extra hours so she could afford to be an unpaid intern for a politician.

Now, Ale works for a law firm in North Texas that assists international students who, like her, . She wanted to apply to UT-Austin鈥檚 law school before she learned last week that the Texas Dream Act was no more.

She said she鈥檚 trying to channel the sadness she feels about her situation into motivating her younger sisters, who are U.S. citizens, to never take their educational opportunities for granted. And she still plans to take the LSAT.

鈥淚鈥檓 not going to give up on myself,鈥� she said.

Ale isn鈥檛 alone in that resolve.

Jorge said he鈥檚 going to study Mexican history so he can prepare for the entrance exam at two Mexican universities, Tecnol贸gico de Monterrey and Universidad Nacional Aut贸noma de M茅xico, where he鈥檚 considering finishing his degree online.

A.M., who wants to use his education to help reform the country鈥檚 health care system, is looking into moving to one of the 23 states that do offer undocumented students in-state tuition rates and paying for his master鈥檚 degree there. He feels sad and scared about the possibility of having to move away from his family and friends.

鈥淚t鈥檚 kind of like having to start from scratch, and all the connections I made here, I might not be able to see for a while,鈥� he said.

Aurora felt hopeful she鈥檒l be able to finish her degree after TheDream.US told her this week she will continue to receive support, even if she decides to transfer to another university.

鈥淚鈥檓 still a bit anxious, but at the same time positive because there are people out there who support us,鈥� she said.

All four said they are still trying to reconcile what it means to be raised in Texas and yet be told, in rhetoric and increasingly through law, that they don鈥檛 belong.

This article originally appeared in at .The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

One in four Wisconsin child care providers could close their doors if the state鈥檚 ongoing support isn鈥檛 replaced after it ends in June, according to a state-commissioned report released Thursday.

More than one in three providers expect to reduce their capacity for children or the hours they operate, or both, according to the report, based on a survey of most of the state鈥檚 licensed child care providers.

The report was commissioned by the state Department of Children and Families (DCF) and produced by the Institute for Research on Poverty at the University of Wisconsin-Madison.

It was released by the office of Gov. Tony Evers to support $480 million for child care providers in his 2025-27 proposed budget 鈥� a successor to the state鈥檚 Child Care Counts program that was funded with federal pandemic relief money.聽

鈥淚t underscores what those of us in the field have known for a long time 鈥� that is, the need for public investment in order to stave off closures and rate increases,鈥� said Ruth Schmidt, executive director of the Wisconsin Early Childhood Association.

The association supports Evers鈥� $480 million budget proposal and is holding an advocacy day at the state Capitol on April 16, with plans to meet lawmakers.

In a statement announcing the survey findings, Evers underscored his proposal.

鈥淭he cost of child care is too darn high, wait lists are too long, and providers are already struggling to keep the lights on, their doors open, and meet demand for child care across our state,鈥� Evers said.

鈥淭he results of this survey are crystal clear: if we don鈥檛 make needed investments to support our child care providers and industry, programs will close, wait lists will get even longer, providers will be forced to raise prices, and parents and loved ones who can鈥檛 afford for [their] costs to get any higher may have to leave our workforce.鈥�

Child Care Counts has provided monthly payments to state child care providers since 2021. From November 2021 to January 2024, it was funded from Wisconsin鈥檚 share of the American Rescue Plan Act (ARPA), the federal pandemic relief legislation enacted in 2021. The program paid out more than $479 million to providers. After that money ran out, Evers directed another $170 million additional pandemic relief funds to carry the program through June 2025.

Child Care Counts paid out $20 million a month until mid-2023, when it was cut to $10 million a month, with providers getting half of what they had previously received.

The Republican majority in the state Legislature rejected Evers鈥� proposal to put up to in the 2023-25 budget to continue the subsidy program at its earlier monthly amount.

Providers have credited the Child Care Counts program with making it possible for them to increase pay for child care workers in the face of competition from other employers without being forced to raise the fees they charge parents.

About 80% of the state鈥檚 more than 4,500 child care providers received and took part in the survey, which was included in providers鈥� November application for Child Care Counts payments.

The survey included questions about providers鈥� experiences before and after the Child Care Counts reduction. It also asked about their expectations after the program ends in June, as well as the potential impact of a continued program.

Two-thirds of providers surveyed reported that after the payments were reduced, they raised fees.

Responding to questions about the impact of state support ending in June, 25% or more of providers in the survey said they would be somewhat or more likely to close. Fully 10% of providers said closing their program 鈥渨as very or extremely likely,鈥� the report found.

鈥淭hat鈥檚 an incredibly concerning statistic,鈥� said Schmidt. 鈥淭hat鈥檚 a lot of child care programs that could be pulling up stakes. It鈥檚 going to hit rural communities super hard, but across the state we鈥檙e going to see significant closures.鈥�

More than one-third of providers 鈥� 37% 鈥� said they were 鈥渁t least somewhat likely鈥� to close some of their classrooms or reduce the number of children they serve. Almost that many, 36%, said they were likely to reduce the number of hours they provide care.

By 59%, providers also expect their waiting lists to grow without continued state support.

Providers also expect to have a harder time hiring and keeping employees, with 66% saying that it was 鈥渁t least somewhat likely鈥� they will have to cut compensation, including their own. Fully half of providers 鈥渟aid this was very or extremely likely,鈥� the report states.

More than half of providers 鈥� 56% 鈥� said it was at least somewhat likely that more employees would quit, and 46% said staff cuts were somewhat or more likely.

Of providers in the survey, 69% said 鈥渢hat it was at least somewhat likely鈥� they would have a harder time hiring qualified employees.

About half of providers surveyed 鈥� 51% 鈥� said they thought it would be 鈥渁t least somewhat likely鈥� that they would find it harder to provide high quality care.

Between one-fourth and nearly half of providers said they expected to have more trouble being able to meet some parents鈥� specific needs. Those include providing care earlier or later in the day, serving families in the state鈥檚 Wisconsin Shares subsidy child care program for low-income families, caring for infants and toddlers or caring for children with special needs.

鈥淲ith families already struggling to afford child care, respondents repeatedly described how continued funding 鈥� whether at the original or at current levels鈥攚ould help prevent further tuition rate increases,鈥� the survey report notes. Some providers said it would allow them to hold rates at their current level or reduce them, while others said it would keep the rate of tuition increases down.

Corrine Hendrickson, a New Glarus child care provider and organizer of an advocacy group for providers and families, Wisconsin Early Childhood Action Needed (WECAN), said the survey points out 鈥渢he disastrous results for children and families after the initial [Child Care Counts] funding wasn鈥檛 replaced in the state budget.鈥�

Rural areas, where families are younger and have lower incomes, may be hit the most dramatically if the child care sector contracts, Hendrickson said.

Hendrickson said she is likely to have to raise the rates she charges for her family child care center, which has a capacity of eight children. A $30 increase 鈥渨ill put me out of reach for too many families,鈥� Hendrickson said. 鈥淚f I lose two children and can鈥檛 replace them within a month or two, I will have to close.鈥�

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Wisconsin Examiner maintains editorial independence. Contact Editor Ruth Conniff for questions: info@wisconsinexaminer.com.

In an effort to help Idahoans follow major bills, resolutions and memorials through the legislative process, the Idaho Capital Sun will produce a 鈥渓egislative notebook鈥� at the end of each week to gather information in one place that concerns major happenings in the Legislature and other news relating to state government. To receive the full extent of our reporting in your inbox each day, sign up for our free email newsletter, The Sunrise, on our website at

Here is our quick rundown of the major happenings during the eighth week of the Idaho Legislature鈥檚 2025 session.

Idaho governor signs House Bill 93

Idaho Gov. Brad Little signed House Bill 93 鈥� which may be one of the most contentious bills considered during the 2025 legislative session 鈥� into law on Thursday.

After several years of failed attempts from conservative legislators, it will allow state taxpayer dollars to fund private, religious and home schooling expenses like tuition, tutoring and other costs.

The bill provides a refundable tax credit up to $5,000 for a parent of homeschooled or private school students to pay for expenses including tuition and fees, tutoring, textbook costs, curriculum and transportation. The refundable tax credit is increased to $7,500 for special needs students.

鈥淚daho can have it all 鈥� strong public schools AND education freedom. Providing high-quality education for Idaho students will always be our top priority,鈥� Little said in a press release about signing the bill.

Critics, including Idaho鈥檚 Democratic legislators, some Republican legislators and many public school teachers and administrators, say the bill will take away $50 million of public taxpayer dollars from the state鈥檚 general fund that could have supported public schools, transportation needs and other important public services.

In a statement by the entire Democratic legislative caucus, the legislators said the governor betrayed promises he made during his Jan. 6 State of the State address that any bill that would use state funds to support private education would 鈥渕eet standards of fairness, accountability, responsibility, and transparency.鈥�

鈥淗B93 has none of these, but, like so many Republicans, he bowed to out-of-state billionaires instead of prioritizing the needs of real Idahoans,鈥� the Democratic caucus said. 鈥淭he governor has sacrificed his legacy as a pro-public schools governor and a fiscal conservative by signing a bill that siphons public dollars to subsidize private school tuition for the wealthy. The people of Idaho can now expect what has happened in other voucher states: starved public schools, higher property taxes as local districts will be forced to run bonds and levies, and exploding state budgets that threaten infrastructure and public safety.鈥�

But Little, in the press release, defended his record of supporting increased public education funding every year he has been governor.

鈥淚 am proud that we have put close to $17 billion into our K-12 public school system since I took office and increased public school funding by close to 60 percent in just a few years,鈥� he said. 鈥淥ur investments in education initiatives have increased 80 percent overall since my first year in office. In addition, Idaho ranks first in the nation for our return on investment in public schools.鈥�

Little signs bill that would create mandatory minimum fine for misdemeanor marijuana possession

Little also signed , which would create a $300 minimum fine for adults convicted of possessing three ounces or less of marijuana.

Co-sponsored by Rep. Bruce Skaug, R-Nampa; Sen. Brandon Shippy, R-New Plymouth; and nine other Republican legislators, including House Speaker Mike Moyle, R-Star, it was the sixth bill to become law during the 2025 legislative session.

Supporters of the law, including Skaug, said the law is a way to be tough on marijuana and differentiate Idaho from its surrounding states of Oregon, Washington, Montana, Nevada and Utah, which have all legalized cannabis use by adults in various forms.

The new law will go into effect on July 1.

Legislation of interest during the eighth week of the 2025 session

• : Sponsored by Sen. Brian Lenney, R-Nampa, and Rep. Robert Beiswenger, R-Horseshoe Bend, the bill would prohibit local governments, health districts and school districts from mandating that an individual must wear a mask or face covering to prevent the spread of an infectious disease. The bill was delivered to the governor on Friday. The Idaho Constitution says the governor has five days 鈥� not counting Sundays 鈥� after the bill has been presented to him to act on legislation. Little then has three options: to sign it into law, to allow the law to go into effect without his signature or to veto the bill.
• : Co-sponsored by Reps. Barbara Ehardt, R-Idaho Falls, and Rod Furniss, R-Rigby, the bill would repeal age-based child-to-staff ratios for child care facilities in Idaho law. The Idaho House passed the bill on a 54-15 vote Thursday. It now heads to the Senate Health and Welfare Committee for consideration.
• and : The bills sponsored by Sen. Todd Lakey, R-Nampa, and Senate Pro Tem Kelly Anthon, R-Burley, respectively, would combine two immigration-related bills proposed this legislative session. House Bill 83 would allow law enforcement to record a person鈥檚 documentation status only if they are already detained or under investigation for a crime. If an individual involved in a crime is found to be living in Idaho without legal authorization, they would face a misdemeanor charge for 鈥渋llegal entry.鈥� A second offense would result in a felony charge, and a conviction would lead to deportation. Senate Bill 1039 would ban immigration sanctuaries in Idaho, criminalize the presence of 鈥渄angerous illegal aliens,鈥� and prohibit their transportation into the state. It would also require law enforcement to cooperate with U.S. Immigration and Customs Enforcement, or ICE. House Bill 83 was sent to the Senate鈥檚 amending order, where the bills may be combined in the coming days of the session.
• : Sponsored by Sen. Melissa Wintrow, D-Boise, the bill would clarify and add guidance to Idaho coroners鈥� roles in death investigations. The Idaho Senate passed the bill on a 25-10 vote Wednesday. It may be taken up by the House Local Government Committee in the coming days of the session.
• : Sponsored by Sen. Ben Adams, R-Nampa, the bill would subsidize crisis pregnancy centers in Idaho through a grant program with the Idaho Department of Health and Welfare, providing more than $1 million in taxpayer funds to qualified centers, with centers receiving a minimum grant of $25,000. The Senate State Affairs Committee voted against advancing the bill on Friday, which may have killed it for the session.
• : Sponsored by Rep. Jordan Redman, R-Coeur d鈥橝lene, the bill would require the Idaho Department of Health and Welfare to seek federal approval to exclude candy and soda from foods eligible for coverage by the federal Supplemental Nutrition Assistance Program, or SNAP (formerly known as food stamps). The Idaho House Health and Welfare Committee, on an 8-7 vote Tuesday, sent the bill to the House floor with a recommendation that it pass. It is on the House鈥檚 third reading calendar and may be taken up in the coming days of the session.
• : Co-sponsored by Reps. Bruce Skaug, R-Nampa, and Dustin Manwaring, R-Pocatello, the bill would raise the salary for each judicial position in Idaho by $17,000. The House Judiciary, Rules and Administration voted to advance the bill to the full House with a recommendation that it pass. It may be taken up in the coming days of the session.
• : Co-sponsored by Reps. Barbara Ehardt and Marco Erickson, both R-Idaho Falls, the bill would protect the identity of sources who provide journalists with confidential information or documents. The House voted unanimously to pass the bill on Tuesday. It now heads to the Senate Judiciary and Rules Committee for consideration.

What to expect next week

Senate State Affairs Committee
: Sponsored by Sen. Jim Woodward, R-Sagle, the bill would create the 鈥淲ildfire Standard of Care Act,鈥� which would establish a standard of care through electric utility wildfire mitigation plans, subject to approval by the Idaho Public Utilities Commission for regulated utilities. It would also establish that an electric corporation that substantially complies with a wildfire mitigation plan could not be 鈥渇ound liable in any civil action to recover damages or impose liability, including for death of or injury鈥� to people or property. The bill is scheduled for a public hearing before the committee on Monday.

Senate Education Committee
: Sponsored by Sen. Tammy Nichols, R-Middleton, the resolution would affirm the Idaho Legislature鈥檚 support for inclusion of PragerU Kids鈥� supplemental education resources in Idaho public schools. 鈥淭his resolution recognizes their value in fostering patriotism, personal responsibility, and a strong appreciation for America鈥檚 founding principles while commending the Department of Education for its commitment to educational excellence and expanding innovative learning opportunities,鈥� the resolution鈥檚 statement of purpose says. The resolution is scheduled for a public hearing before the committee on Monday.

House Health and Welfare Committee
: Sponsored by Rep. Dori Healey, R-Boise, the bill would transfer decision-making authority about vaccination requirements for children attending day cares and schools from the Idaho Department of Health and Welfare to the Idaho Legislature. The bill is scheduled for a public hearing before the committee on Monday.

How to follow the Idaho Legislature and Idaho Gov. Brad Little鈥檚 work during the session

Here are a few tools we use to track the Legislature鈥檚 business and how to let your voice be heard in the issues that matter most to you.

How to find your legislators: To determine which legislative district you live in, and to find contact information for your legislators within that district, go to the and put in your home address and ZIP code. Once you鈥檝e entered that information, the three legislators 鈥� two House members and one senator 鈥� who represent your district will appear, and you can click on their headshots to find their email address and phone number.

How to find committee agendas: Go to the Idaho Legislature鈥檚 website, , and click on the 鈥�鈥� link and the 鈥�鈥� link on the right side of the website.

How to watch the legislative action in committees and on the House and Senate floors: Idaho Public Television works in conjunction with the Legislative Services Office and the Idaho Department of Administration through a program called 鈥淚daho in Session鈥� to provide live streaming for all legislative committees and for the House and Senate floors. To watch the action, go to and select the stream you鈥檇 like to watch.

How to testify remotely at public hearings before a committee: To sign up to testify remotely for a specific committee, navigate to that committee鈥檚 webpage, and click on the 鈥渢estimony registration (remote and in person)鈥� tab at the top.

How to find state budget documents: Go to Legislative Services Office Budget and Policy Analysis Division鈥檚 website.

How to track which bills have made it to Gov. Little鈥檚 desk and any action he took on them (including vetoes): Go to the governor鈥檚 website . You can scroll down to the bottom of the site and enter your email address to get alerts sent straight to your inbox when the page has been updated.

Reporting from Idaho Capital Sun journalists Clark Corbin, Mia Maldonado and Kyle Pfannenstiel contributed to this legislative notebook.

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Idaho Capital Sun maintains editorial independence. Contact Editor Christina Lords for questions: info@idahocapitalsun.com.

COLUMBIA 鈥� A Pennsylvania billionaire will cover this year鈥檚 private tuition costs for South Carolina students who lost their taxpayer-funded scholarships when the state Supreme Court ruled them unconstitutional.

A $900,000 donation from Jeff Yass, the co-founder of a global investment firm, will keep students impacted by last month鈥檚 ruling in their private school through at least this semester, the Palmetto Promise Institute announced Thursday.

Roughly 700 students were paying tuition with the state aid when the payments violated the state constitution鈥檚 ban on public money directly benefiting private education.

The came after the first of four, $1,500 installments had already been deposited in parents鈥� accounts, leaving them scrambling on how to avoid transferring their children mid-year to their local public school. For the program鈥檚 inaugural year, only Medicaid-eligible students could participate, making it less likely their parents could pay the private tuition on their own.

鈥淥ver the last few weeks, our hearts have been broken by the stories of the low-income families who had settled into new schools that better fit their children only to have their scholarships ripped away in the middle of the school year,鈥� said Wendy Damron, CEO of Palmetto Promise Institute, which has been the state鈥檚 leading proponent of school choice legislation since its founding over a decade ago.

The conservative think tank not only helped write and successfully pushed for the law signed last year, but it also spread the word through mailers, social media ads and other marketing to educate parents about it and help them sign up for the program.

So, when the ruling immediately ended parents鈥� ability to use the money for private tuition, 鈥渨e felt awful, just awful about it,鈥� Damron told the SC Daily Gazette.

So, she started making phone calls: 鈥淚 didn鈥檛 know if I could raise the money, but I had to try,鈥� she said.

Soon after the ruling, the Catholic diocese for South Carolina began separately raising money to cover tuition for the 195 students in the program who are enrolled in its 32 schools statewide.

Between the diocese鈥檚 fundraising and Yass鈥� donation, this semester鈥檚 tuition for all students in the program should be covered, Damron said.

The institute is working with the state Department of Education and the company it contracts with to manage parents鈥� accounts to pay the schools directly. The money will not go to parents.

The donation is a temporary fix. What happens next semester is unclear.

Passing another school choice law that could survive a legal challenge is a top priority for the Legislature鈥檚 GOP leaders. But even if they manage to quickly pass a new law after the session starts in January, another lawsuit is a near-certainty. Whatever happens, it鈥檚 unlikely that parents will be able to resume using their state aid for private tuition before the school year ends.

The Palmetto Promise Institute will continue pushing for a new law early in the session, while recognizing 鈥湻杀疴�檝别 got to raise another million for January and another million for April,鈥� Damron said.

The ruling only banned private tuition payments. The quarterly allotments of $1,500 鈥� for a yearly total of $6,000 鈥� will continue flowing into parents鈥� accounts.

And parents can still access their accounts through the online portal to direct payments for other approved expenses, such as tutoring, speech therapy and textbooks. They just can鈥檛 use it for tuition. And they can鈥檛 access it at all if their children return to their public school.

Patrick Kelly with the Palmetto State Teachers Association applauded Yass鈥� donation. While he cheered the ruling, the teachers鈥� advocate has repeatedly said something needed to be done so students didn鈥檛 have to transfer mid-year.

鈥淚t鈥檚 impossible to do anything but celebrate someone donating funds from their own private wealth to benefit the education of a student,鈥� Kelly said, adding that has a 鈥渕ore direct impact than trying to influence policy through campaign donations.鈥�

Asking voters

In Kentucky, where school choice is on the November ballot, Yass donated $5 million last quarter to a political action committee running ads encouraging voters to approve the measure, reported this week.

As for a school choice law in South Carolina that can survive a legal challenge, proponents are counting on a new set of justices ruling differently on whatever the Legislature passes next year. And Kelly said that鈥檚 not how the legal system should work.

Both the Sept. 11 ruling and justices鈥� the case were 3-2 split decisions. Two justices in the majority are retired and won鈥檛 preside over a future case. The author of the dissent is now the chief justice, who made clear he believes the scholarship accounts were a constitutional workaround.

鈥淭hat鈥檚 not the way the rule of law is supposed to operate, by shifting justices around,鈥� said Kelly, who teaches advanced high school courses on government and politics. 鈥淒on鈥檛 do it by changing the judge. The words (of the constitution) are still the same. I cannot support that approach.鈥�

As Justice Gary Hill noted in his majority opinion, Kelly said, the constitutional ban on public money directly benefiting private education could be eliminated through changing the constitution.

South Carolina doesn鈥檛 allow voter-led referendums. Only the Legislature can ask voters whether the state constitution should be amended.

鈥淧ut it before the voters,鈥� Kelly said.

Last year, the House approved putting a school choice question on next month鈥檚 ballot. But the Senate never took up the measure.

If the Legislature approves a similar resolution next year asking voters to change the constitution, the question won鈥檛 be on ballots until November 2026. The constitution wouldn鈥檛 actually change until 2027 at the earliest, since the Legislature would have to ratify voters鈥� preference through legislation in the next session.

鈥淚t鈥檚 unfortunate that we continue to spend time on voucher schemes in South Carolina,鈥� said Sherry East, president of the South Carolina Education Association, which challenged last year鈥檚 law and would likely challenge the next one.

鈥淲ealthy people can do what they want with their money, and it鈥檚 his prerogative to help fund private schools,鈥� she said of Yass鈥� donation. 鈥淚 just wish in South Carolina we could focus on our public institutions. 鈥� I wish we鈥檇 stop attacking them and work on making them stronger.鈥�

State Superintendent Ellen Weaver called the donation a 鈥渧ital bridge of continuity for beleaguered鈥� families and reiterated that she鈥檒l work with legislators and Gov. Henry McMaster on restoring the program.

Until that happens, she said, 鈥淚 pray that even more generous donors will be inspired to stand in the gap for these children.鈥�

鈥淚 am profoundly grateful for this enormous gift of hope for students left out in the cold by the Supreme Court majority鈥檚 flawed decision,鈥� said Weaver, who led the Palmetto Promise Institute before her 2022 election.

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. SC Daily Gazette maintains editorial independence. Contact Editor Seanna Adcox for questions: info@scdailygazette.com. Follow SC Daily Gazette on and .

An Alabama lawmaker has filed a bill that would prohibit K-12 schools from not transferring student records based on unpaid balances.

sponsored by Rep. Matt Simpson, R-Daphne, would apply to transfers between private schools. Simpson wrote over text Monday that he is open to suggestions if someone wants to amend the bill.

鈥淚t just says these records, you can鈥檛 keep the records based on unpaid tuition,鈥� he said in a phone interview. 鈥淚f you need to get unpaid tuition, you have other ways to get that.鈥�

Simpson said the bill came from a local school facing issues with their graduation rates because a private school will not release records to the public school.

鈥淭he theory behind the bill is that the student shouldn鈥檛 suffer over financials,鈥� he wrote. 鈥淭hat鈥檚 out of their control.鈥�

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Alabama Reflector maintains editorial independence. Contact Editor Brian Lyman for questions: info@alabamareflector.com. Follow Alabama Reflector on and .

Mike Bloomberg, the media mogul and former New York City mayor, has given Johns Hopkins University for most its current and future medical students, the school and announced on July 8, 2024. The gift will also expand financial aid for students studying several other fields at Bloomberg鈥檚 alma mater. He .

The University of Wisconsin-Madison announced a program on Monday that would cover all of the costs for students who are members of one of Wisconsin鈥檚 11 federally recognized Native American tribes.

Any enrolled member of one of the tribes will be eligible for the program and eligibility will not depend on a student鈥檚 financial need. The program was announced less than a week after the UW System Board of Regents a deal with the Republican-controlled state Legislature to freeze hiring for positions focused on diversity, equity and inclusion in exchange for the release of pay raises for thousands of UW employees and funds for capital projects 鈥� including a new engineering building on UW-Madison鈥檚 campus.

UW-Madison Chancellor Jennifer Mnookin, who supported the deal with the Legislature, said the program for Native American students has been in the works for more than a year so its announcement is not related but added that it shows the university remains committed to diversity.

鈥淚 have said and will continue to say that diversity is a core value for us as an institution here at UW Madison,鈥� Mnookin said at a press conference announcing the program. 鈥淎nd this program is another example of the ways that that is and will continue to be true.鈥�

The undergraduate program will cover the full costs of getting a degree at UW-Madison, including tuition and fees, housing, meals, books and other educational expenses. A separate five-year pilot program will cover in-state tuition and fees for students in the medical and law schools. The annual in-state cost for an undergraduate student is $28,916, according to the university. The cost of tuition and fees for law students is $35,197 annually and $42,198 annually for medical students.

Students will not need to apply for funding under the program. At the press conference Monday, university officials said students would just need to provide proof of tribal membership when they submit their annual financial aid forms.

Officials said there are about 650 students at UW-Madison who self-identify as Native American, however that self-identification doesn鈥檛 require proof of tribal affiliation and includes Native students from tribes outside of Wisconsin.

Mnookin said the program will be funded with money from private donations and 鈥渙ther institutional resources.鈥� She wouldn鈥檛 say where specifically the other resources are coming from, but noted that none of the money will come from state funding.

The chancellor added that creating the program 鈥渇elt like the right thing to do鈥� to continue improving the partnership between the university 鈥� which sits on traditional Ho-Chunk Nation land 鈥� and the state鈥檚 11 tribes.

鈥淭he tribal nations of Wisconsin, dating from the 1700s and into the 21st century, have always believed education to be the equalizer,鈥� Shannon Holsey, president of the Stockbridge-Munsee band of Mohican Indians, said. 鈥淭he truth is, if it were not for the loss of land by indigenous peoples, American colleges and universities would not exist. Institutions must challenge themselves to move away from encouraging acts that are performative into communities of transformative change. I believe today represents just that, the creation of this program marks a significant step in the partnership between American Indian tribes in Wisconsin and the University of Wisconsin-Madison. While several other states have programs with similar goals, we are not aware of any other effort that goes this far beyond financially helping Native students afford higher education.鈥�

Officials said they don鈥檛 yet know how popular the program will be, noting that the application deadline for incoming students for the fall of 2024, when the programs will begin, is Feb. 1. Mnookin said it would be unrealistic to expect a large increase in Native American applicants within six weeks of announcing the program, but that she hopes the number of tribal members at UW-Madison will continue to increase once the program is more established.

is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Wisconsin Examiner maintains editorial independence. Contact Editor Ruth Conniff for questions: info@wisconsinexaminer.com. Follow Wisconsin Examiner on and .

When Cristian Dubon Solis聽was getting ready to graduate from a Boston high school in 2020, he started planning to apply to college. It was only then he realized that as an immigrant lacking permanent legal status, he wouldn鈥檛 qualify for in-state tuition at Massachusetts state universities, nor for state-sponsored financial aid.

With no way to afford a four-year school to pursue his dream major, environmental science, he put those plans on hold.

鈥淚 took a few gap years afterward,鈥� said the now 21-year-old from East Boston, a community where about half the residents are Hispanic or Latino. Solis now advocates for young immigrants as a student coordinator for a nonprofit group called SIM, which formerly stood for Student Immigration Movement.

One of four siblings, Solis came to the United States from El Salvador at age 3. His three younger sisters were born in the U.S., he said. Family and friends didn鈥檛 discuss their immigration status, so he never heard about the tuition restrictions.

鈥淚n families of the immigrant community it鈥檚 very hush-hush, you don鈥檛 talk about it,鈥� he said. 鈥淚t鈥檚 hard to figure out what options I had or didn鈥檛 have, because nobody talked about it.鈥�

But now Solis is about to apply to colleges in Massachusetts, including UMass-Boston.

Democratic Gov. Maura Healey signed the state budget this month with a provision that will allow certain immigrants without permanent legal status 鈥� those who have attended high school in Massachusetts for at least three years or who have earned a GED certificate 鈥� to pay in-state tuition rates at public universities. The law takes effect immediately.

The idea has bipartisan appeal, with some conservative supporters this year saying it helps reduce workforce shortages and boost tax revenue.

In June, Nevada Republican Gov. Joe Lombardo enacted allowing immigrants who have been granted status under the federal Deferred Action for Childhood Arrivals Act, or DACA program, to qualify for in-state tuition after living in Nevada for 12 months. That action expanded on a law that allowed high school graduates lacking permanent legal status to do so.

And in Florida this year, state lawmakers rejected a proposal from Republican Gov. Ron DeSantis to scrap in-state tuition for students without permanent legal status. He had wanted to include it in a bill to on immigrants living in the country illegally.

But critics of the in-state tuition changes argue states are facing an influx of immigrants and already are stretched thin to pay for needed housing and services. Missouri Gov. Mike Parson, a Republican, in June signed a 2024 budget that included a boost for higher education funding but prohibited students without permanent legal status from getting in-state tuition or state scholarships.

Massachusetts became the 24th state to grant immigrants without legal status access to in-state tuition, according to the , a website run by a coalition of 18 higher education and immigration organizations to provide information and resources to immigrant students.

In-state tuition is generally thousands of dollars less per year than for out-of-state students. For example, the undergraduate tuition and fees at Massachusetts state schools averaged $10,036 for state residents and $28,813 for out-of-state residents in the 2022-23 school year, according to College Tuition Compare, a nationwide college evaluation website.

Seventeen of the states granting in-state tuition also allow the students to be eligible for financial aid, as does the District of Columbia, according to the .

Four states 鈥� Delaware, Iowa, Michigan and Pennsylvania 鈥� restrict the number of public universities at which immigrants without permanent legal status are eligible for in-state tuition, according to the portal.

Five states 鈥� Arkansas, Idaho, Maine, Mississippi and Ohio 鈥� provide that tuition discount only to young immigrants who have DACA status. The Obama-era DACA program allows immigrants who were brought to the United States as children and who meet other qualifications to avoid deportation and obtain work permits. New applications for the program are on hold while long-running court battles play out.

By contrast, nine states specifically block access to in-state tuition or state financial aid for residents lacking permanent legal status, the immigration portal found. They are: Indiana, Missouri, New Hampshire, North Carolina, Tennessee, Wisconsin, Alabama, Georgia and South Carolina. The last three have laws that prevent students without permanent legal status from even enrolling in all or some public colleges, though there may be some exceptions for students with DACA status, according to the portal.

Opponents of extending in-state tuition argue that scarce state resources should not be spent on immigrants living in the country illegally, particularly when states are dealing with a wave of new immigrant families that strains the states鈥� safety net.

While the Massachusetts law garnered wide support in the Democratic-controlled state, some Republican opponents pointed out that the Healey administration recently called for the federal government to speed funding to provide shelter and services for immigrants in the state and encouraged state residents to take families into their homes.

鈥淚t鈥檚 the wrong priority at this date and time,鈥� said Republican state Sen. Ryan Fattman in an interview with Stateline. 鈥淭he governor declared a state of emergency for migrant influx into the state. We have a lot of shelters that are overrun. [At the same time,] we are providing a lot of benefits to people who are not lawfully in Massachusetts, in-state tuition being one of them.

鈥淭he question is can we continue to afford this?鈥� Fattman said.

But advocates for granting in-state tuition say the state must educate young immigrants if it wants to make up for the number of residents who are leaving the state and taking tax revenue with them. Massachusetts lost 110,900 people to out-migration from April 2020 to July 2022, according to the Massachusetts Taxpayers Foundation, a nonpartisan research group. In-migration in 2022 was about 43,000, the organization found.

鈥淲hat Massachusetts did is good for the people of Massachusetts, it鈥檚 good for the 鈥楧reamers鈥� who get a chance to go to school and pay in-state tuition,鈥� said Don Graham, a founder of TheDream.Us, an organization that gives scholarships to students who came to the U.S. illegally before age 16 and before Nov. 1, 2017. (鈥淒reamers鈥� refers to young people brought to the United States illegally as children by family; the term stems from never-passed congressional legislation called the DREAM Act.)

鈥淭hey become a health care worker, they become a teacher, they become a computer programmer. Seems to me that鈥檚 good for the 鈥楧reamers鈥� and good for the state,鈥� said Graham, who also is chair of the board of the Graham Holdings Company and former publisher of The Washington Post.

Miriam Feldblum, co-founder and executive director of the Presidents鈥� Alliance on Higher Education and Immigration, a group comprised of university leaders, said consideration of in-state tuition for students without legal status has become increasingly important in light of the U.S. Supreme Court鈥檚 recent decision to end affirmative action programs on campuses.

鈥淎s colleges and universities look at how to attract diverse populations, it is incumbent upon all institutions to look at immigrant students,鈥� she said in an interview with Stateline. 鈥淚t is one important strategy to attract a diverse and talented crop of students.鈥�

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@stateline.org. Follow Stateline on and .

As the idea of free community college gains traction across the country, some lawmakers have gotten bolder in their concepts 鈥� expanding existing programs or pitching legislation that would offer free college to anyone.

The latest example is Massachusetts, where Democratic Gov. Maura Healey鈥檚 2024 budget includes $20 million to expand the state鈥檚 free community college program to include any student over 25 without a college degree.

Although the legislation is still going through changes, both the House and Senate have included her idea in their proposals. The grants would be paid for with a surtax on the very wealthy.

鈥淚 think it advantages everyone, the individual and the larger society,鈥� said David Podell, president of Massachusetts Bay Community College.

Having a more educated population helps the overall economy, Podell pointed out, and fills gaps in the workforce. Eventually, state tax coffers benefit as more people get better-paying jobs, he said in a phone interview.

Other states are similarly looking at programs that can get students as close to free tuition as possible.

Illinois Gov. J.B. Pritzker, a Democrat, included such a proposal in his budget, suggesting a $100 million  of the state鈥檚 college grant program. The state鈥檚 lawmakers, meanwhile, have just  that would guarantee certain community college credits will transfer to four-year state universities 鈥� a problem that has hurt many transfer students in the past.

And Minnesota鈥檚 2024-25 budget would include a free college tuition program. It would apply to students at both two- and four-year public colleges and universities, but only families with incomes below $80,000 would be eligible. The plan was approved by the legislature and is awaiting action from Gov. Tim Walz, a Democrat.

About 30 states already have some kind of tuition grant program for community college students, according to the Campaign for Free College Tuition, a nonprofit group that advocates for tuition-free education and tracks state programs.

New Mexico鈥檚 program is among the most generous, with nearly any prospective student eligible to get full tuition funding. Combined with scholarships funded by New Mexico鈥檚 lottery program, the state is responsible for the 鈥渇irst dollar鈥� funding, meaning the state money comes to a student first, and any other aid such as a Pell grant can be used for expenses such as books and fees.

Tennessee, like a lot of other states, has a 鈥渓ast dollar鈥� program, which, like the Massachusetts proposal, fills in the gaps left after federal scholarships and other grants are exhausted. Tennessee鈥檚 grant program is dependent on students maintaining a 2.0 GPA in college and completing eight hours of community service for each semester enrolled.

And Colorado enacted legislation this year expanding a limited free college tuition program targeted to health care workers and several other in-demand fields.

Some in the Massachusetts legislature have questioned whether Healey鈥檚 proposal goes far enough.

Senate President Karen Spilka, a Democrat, said earlier this year she鈥檇 like to expand the program to cover all students, not just those 25 and over, and use more of the 鈥渕illionaire鈥檚 tax鈥� money to cover the increased cost.

And Democratic Rep. Natalie Higgins, at a hearing held in March at the University of Massachusetts Amherst, said there are an estimated 700,000 residents with some college education who might want to go back and finish their associate degree. But when you divide $20 million by that number, she noted, 鈥渢hat鈥檚 28 bucks a person,鈥� not nearly enough.

Average Massachusetts community college tuition is around $7,000, according to the state Department of Education.

Podell, who is also chair of the Council of Community College Presidents, said the additional state funding still would mean that a 鈥渓ot of people can come to college, having not perceived it as an option before because they couldn鈥檛 afford it.鈥�

State educators have looked at similar data from Michigan, he said, and extrapolated from it that about 5,000 to 7,000 new students would enter community college in his state under Healey鈥檚 plan. Colleges have plenty of space, he added, because enrollment dipped during the coronavirus pandemic and hasn鈥檛 returned to previous levels.

While most critics in Massachusetts say the program might do too little, other opponents around the country say free college tuition programs are generally too costly and don鈥檛 produce good results.

Richard , a rhetoric and communication professor emeritus at Towson University in Maryland, pointed out that 鈥渇ree鈥� may mean no cost to students, but somebody of course pays for it. In these state programs, it鈥檚 the taxpayers. Maryland offers a free community college grant with some restrictions, including that students must have a certain GPA in high school.

鈥淭here doesn鈥檛 seem to be any justification in taking money from the general public for some people to go to college,鈥� Vatz said. In addition, he noted, dropout and graduation rates at community colleges make it a poor investment.

Of the students who started at two-year colleges in 2020, only about 60% were still studying two years later, according to the National Student Clearinghouse Research Center, an educational research group.

Good students, Vatz said, can find other sources of financial aid, such as scholarships and loans.

鈥淚t鈥檚 almost hard to avoid financial aid when you go to school,鈥� he said. 鈥淭he necessity for having the public pay for students who go to community college. 鈥� The bang isn鈥檛 worth the buck.鈥�

Ryan Morgan, CEO of the Campaign for Free College Tuition, said dropout rates have more to do with an individual student鈥檚 life and obligations like family than they do with accessibility to college.

鈥淚f you鈥檙e a pessimist 鈥� you say it鈥檚 a giant waste of money,鈥� he said, but the students who finish 鈥渙utweigh the cost of the folks who don鈥檛 complete school. It鈥檚 totally worth it.鈥�

Morgan said his group would prefer that grant programs be open to all students, not just those over 25 as in the Massachusetts proposal. He noted that the Michigan plan started out at age 25. A bill to lower the age to 21 has passed the Michigan House and is awaiting action by the Senate. Gov. Gretchen Whitmer, a Democrat, has called for the age to be lowered.

鈥淭hey wouldn鈥檛 do that if it wasn鈥檛 working,鈥� Morgan said.

is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott Greenberger for questions: info@stateline.org. Follow Stateline on and .

The Kentucky Supreme Court on Thursday unanimously struck down a Kentucky law creating a generous tax credit to help families pay for tuition at private schools.

The cites a long line of precedent reinforcing the Kentucky Constitution鈥檚 ban on the state financially supporting private schools in declaring the Education Opportunity Account Act unconstitutional.

The tax credit was available to any taxpayer who contributed to a fund that would make tuition assistance available to families.

鈥淭he statute creates a system whereby any Kentucky taxpayers who want to fund EOAs (education opportunity accounts) can send their money . . . for use at nonpublic schools instead of paying a comparable amount which they owe in Kentucky income tax,鈥� wrote Justice Lisabeth T. Hughes in an opinion signed by all seven justices.

鈥淪imply stated, it puts the Commonwealth in the business of raising 鈥榮um(s) 鈥� for education other than in common schools,鈥欌�� which the Constitution prohibits, wrote Hughes.

鈥淜entucky taxpayers who participate in the EOA program get essentially dollar-for-dollar credit (generally 95%) against the income taxes they would otherwise contribute to the Commonwealth,鈥� the opinion said.

The lawsuit challenging the 2021 law was filed by the a group made up of most of Kentucky鈥檚 public school districts. Advocates for had lobbied for the law.

Implementation of the law was put on hold after Franklin Circuit Judge Phillip Shepherd ruled it unconstitutional last year.

Following the Kentucky Supreme Court鈥檚 decision, Attorney General Cameron, who had defended the law before the Supreme Court, released this statement:

鈥淲e鈥檙e saddened that parents across the Commonwealth won鈥檛 be able to use the needs-based funding provided by Kentucky鈥檚 Education Opportunity Account Program to expand learning opportunities for their children. Our office is committed to helping ensure the best educational opportunity for every child.鈥�

is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Kentucky Lantern maintains editorial independence. Contact Editor Jamie Lucke for questions: info@kentuckylantern.com. Follow Kentucky Lantern on and .

President Joe Biden announced last month the government will forgive $10,000 in debt for college loan borrowers earning under $125,000, with Pell grant recipients eligible to have $20,000 forgiven. And while Americans are at loggerheads over that, they are in almost full agreement about fixing the root cause: the high cost of a college education.

Asked to choose between the government forgiving student debt or making college more affordable for current and future students, an astounding 82% of respondents in opt for the latter. Even among those with outstanding loans, long-term affordability wins out.   

Getting there is not easy. But at Purdue University, an ambitious price freeze with tuition has held for a decade, offering innovative 鈥� if not always flawless or popular 鈥� cost-cutting models for holding the line on student bills.

Students taking a break in the cool, wood-paneled spaces of Purdue Memorial Union on a recent scorching summer day will pay no more than Boilermakers did 10 years ago 鈥� and many will likely get their bachelor’s debt-free, as some 60% did in May.

鈥淚f an institution prioritizes affordability, you鈥檇 be surprised 鈥� 飞别鈥檝别 been surprised 鈥� by how much progress can be made,鈥� says Mitch Daniels, the former Indiana governor who announced the tuition freeze in the spring of 2013, just months after he became Purdue鈥檚 president.   

The freeze meant forfeiting some $40 million from a regular increase in price. When the university managed to absorb it just by tightening its belt, the board greenlighted a second year, then a third. As applications soared, enrollment grew, and proud alumni opened their wallets, the 鈥渇reeze鈥� itself became a large source of income. 

It started as a 鈥済esture鈥�

Sitting in his office by the campus bell tower, Mr. Daniels 鈥� with a r茅sum茅 that includes big-business CEO and director of the Office of Management and Budget for President George W. Bush 鈥� traces the freeze idea back to his state governorship. A persistent question he heard then, he says, was, 鈥淚sn鈥檛 there someplace to get a quality education that won鈥檛 put us deeply in debt?鈥�  

What has a split Congress accomplished? A surprising amount.

He initially proposed the freeze 鈥渁s a gesture, a one-time acknowledgment that we understood.鈥� The average cost in real dollars of a bachelor鈥檚 degree in the United States had jumped by 41% between 2000 and 2012. Even Purdue, a public, land-grant institution, had consistently raised its price for more than 30 years.

When Andy Pavlopoulos enrolled in the aviation department in 1986, in-state tuition for the year at the flagship West Lafayette campus was $1,870. With fees, room and board, books, and the like, his total bill 鈥渨as like $8,000,鈥� says the father of three who, in his second career, owns and runs a family restaurant in Saint Joseph, Michigan.

By the time Mr. Pavlopoulos鈥� eldest child was scrolling through college websites as a high school junior in 2013, prices had soared. In-state tuition reached $9,992, and the full cost of attending 鈥� commonly referred to as the sticker price 鈥� was $22,782. For out-of-state students like his son, this meant $28,794 in tuition for a total annual bill of $41,614. 

Something to remember about sticker prices is that only a minority of students nationwide actually pay them. As each of his three children enrolled at Purdue, Mr. Pavlopoulos expected them to do what he鈥檇 done: get grants and scholarships that knock down the total they owe.  

鈥淭he sticker price is damaging misinformation,鈥� says Phillip Levine, a Wellesley College economics scholar with a specialty in higher education. It can cause 鈥減eople to make decisions that are not appropriate for them.鈥� As a result, many who would thrive in a four-year college decide it isn鈥檛 for them. 

鈥淧eople have no idea what colleges cost,鈥� he says. 鈥淭hey tend to cost a lot less than people think.鈥�

Like an effective meme, Purdue holding 鈥渢uition under $10,000鈥� broadcasts affordability. 

鈥淭here鈥檚 a nice message off of a low tuition,鈥� Mr. Levine says. 鈥淧articularly for lower-income families, we know based on research that the ability to simplify the problem increases their likelihood of attending.鈥�

Another way Purdue does this is by applying the freeze to the full cost of attendance. Institutions that have similarly suspended tuition hikes often increase other charges. At Purdue, on the other hand, the sticker price, too, doesn鈥檛 budge.

As the freeze entered its second year, the number of applications to the undergraduate program jumped by 28%. That has since climbed steadily by more modest percentages. By 2021, the admissions office was processing almost twice as many applications as it had in 2012.

Aditi Barla鈥檚 was among them. A resident of Illinois, she only analyzed her choices once acceptances were in. 

鈥淧urdue is a great school for CS,鈥� she reasoned, referring to her computer science major. 鈥淚t鈥檚 a great STEM school. And, oh, it also has a tuition freeze.鈥� Other contenders included the University of Michigan and the University of Washington in Seattle, but their sticker prices were in the $60,000-to-$70,000 range with no offers of scholarships or grants. With a younger brother in the wings and plans to go to graduate school, the choice was clear.

Today, she is a rising sophomore with no debt.

More students means more revenue 

Even after enrollments nationwide began to decline, Purdue鈥檚 on average by about 500 a year. Last fall, matriculations hit a new and unexpected high, with more than 10,000 freshmen arriving on campus. 

The number of postgraduate students has also grown, helping to raise the university鈥檚 total enrollment from 39,256 in 2012 to 49,639 in 2021. With more than half paying out-of-state or international prices, tuition revenue increased by a third during the freeze, from $629 million in 2012 to $832 million in 2021. 

But the surge in students has also posed problems. The university has had to add dorms and temporarily house students in cubicle-like lodgings created in dorm basements and study lounges.

Ms. Barla knew guys who started the year in cramped, windowless quarters: 鈥淵eah,鈥� she says, 鈥渘ot ideal, especially when you鈥檙e coming into college for the first time.鈥� By fall break, everyone was in permanent housing, and in the spring, the university was purchasing an on-campus housing complex.

鈥淲e鈥檙e pressing up against limits,鈥� admits Mr. Daniels. To mitigate this, the university has introduced some hybrid classes and has helped students who are so inclined to graduate in three years. 

But an important feature of Purdue鈥檚 success is that it has ensured its foundation remained solid. 鈥淲e don鈥檛 run a deficit. We don鈥檛 borrow any money. We don鈥檛 raid the cookie jar,鈥� Mr. Daniels says, referring to having reduced the spending distribution of the nearly $2.5 billion endowment from 5% to 4%. 鈥淲e don鈥檛 ever let it affect quality.鈥� 

Department of Education statistics indicate that, from 2012 through 2020 (the last year for which this data is available), Purdue kept up its spending on instruction at the same pace as peer institutions. Even as enrollment galloped, its student ratio is a very respectable 14-to-1. And it enhanced its campus. Among other improvements, it opened the $79 million, 164,000-square-foot, state-of-the-art Wilmeth Active Learning Center and, last year, renovated its iconic Memorial Union.   

As a research university, it has increasingly leveraged grants and contracts to bring students in on groundbreaking innovations and technologies at little to no cost to the university鈥檚 bottom line. This has helped it attract students without resorting to a widely used tactic. It鈥檚 not uncommon that at institutions that charge up to $60,000, says Mr. Levine, 鈥渧irtually every single student鈥檚 getting a $20,000 or more merit scholarship to bring the number back to $30 or $40,000 鈥� which, not coincidentally, happens to be in the range of what public institutions charge.鈥� 

As for the 鈥渄os鈥� of keeping prices down, Mr. Daniels is 鈥渂ashful about ever prescribing anything 飞别鈥檝别 done here,鈥� he says. 鈥淭he decisions, we believe, fit this place.鈥� 

However, not a month goes by, says Chris Ruhl, the chief financial officer, without a counterpart from another school getting in touch wanting to know what worked and how the campus reacted. 

Successful but not without challenges 

Not every cost-cutting measure has proved universally popular. Some faculty, for instance, voiced discontent when the university changed employees鈥� benefits. In line with a prevailing trend in higher ed, it adopted health savings accounts with high deductibles. It also changed over to defined contribution retirement plans, favored mostly by private colleges. When it contracted out its food service, Purdue Student Government formally condemned its choice of corporate giant Aramark, on the grounds that the company had incurred food and safety violations at another Indiana campus. 

And when Purdue pioneered its own income share agreement 鈥� in which students pledge to share a portion of future income 鈥� as an alternative to traditional student loans, some accused the university of breaking the law. Purdue has since suspended future contracts in the program, which is similar to a federal income-based repayment loan that also ran into trouble in its implementation. *

Other steps seem not to have caused waves. Mr. Ruhl points to such things as dismantling Purdue鈥檚 transportation system and contracting with the city to extend transit routes onto campus; outsourcing printing and photocopying services; and consolidating the university鈥檚 data centers, information technology departments, and maintenance and custodial staffs. 

鈥淎s the student body has grown,鈥� he says, 鈥湻杀疴�檝别 been able to maintain staffing levels鈥� without hiring more people.

Making affordability an institution-wide mission, he says, has been crucial not just in cutting costs but in improving the quality of the institution.

Statistics on retention and graduation rates, rankings, and fundraising support Mr. Ruhl鈥檚 claim that 鈥渁ll sorts of key metrics have improved substantially during this period of time.鈥� Likewise, the percentage of undergraduates earning their bachelor鈥檚 without incurring debt marched upward. In 2012, the proportion leaving campus with the bachelor’s diploma and no loan was 49.5%. Fifty-four percent did by 2016, and 60% did in 2021.

But Purdue鈥檚 performance in one metric proves cautionary in terms of students being able to afford, as Mr. Levine puts it, 鈥渢he place where they belong.鈥� In a conversation over Zoom, he crunches some numbers on the university鈥檚 net price calculator, a feature that institutions that receive money from the federal government are required to post on their website. 

He invents a young Indiana resident with a 3.5 GPA, solid SAT scores, and a family income well below $50,000. Asked how much the family can contribute, he types in $0. Within seconds, the calculator estimates that even with a $6,459 Pell Grant, various scholarships, and $5,500 in federal student loans, the family would have to 鈥渃ome up with $5,087 a year that they have no ability to pay for in cash,鈥� Mr. Levine reports. The student can earn $3,000 of that through a work-study program or campus job. 

The exercise, he says, shows that for a family 鈥渢hat has nothing,鈥� borrowing even $2,000 to $5,000 a year 鈥渋s not affordable.鈥� 

鈥淒espite the fact that college costs a lot less than people think, it鈥檚 still too expensive,鈥� he says. But not if the Pell Grant were doubled. 鈥淭hat would eliminate the gap completely,鈥� in which case, Mr. Levine says he鈥檇 鈥渂e on board with low tuitions.鈥� As it is, though, he believes freezes benefit wealthier students to the detriment of those of lower-income backgrounds. If the former paid the full sticker price, the university would have extra income to channel into financial aid.

The amount Purdue has spent on merit and need-based scholarships, fellowships, and awards has fluctuated over the course of the tuition freeze. In 2017-18, it gave 21% more aid than it had in 2012, but in 2018-19 the amount it disbursed fell below the 2012 levels. 

鈥淲e do have limited dollars,鈥� says Heidi Carl, Purdue鈥檚 executive director of financial aid, whose office prioritizes helping Indiana families with $70,000 or less in adjusted gross income. For some with $50,000 or less, it succeeds in meeting their full need. 

鈥淲e see this pattern of public institutions increasing tuitions and then also increasing aid,鈥� says economics professor Emily Cook of Tulane University, referring to a recent study on college pricing she co-wrote. The theory is that they are channeling the extra revenue into scholarships and grants that benefit both low-income students and middle-income families who often bear the burden of student debt. 

鈥淥ur study,鈥� says Mrs. Cook, 鈥渋s overall encouraging in that we are heading in the direction of making college affordable.鈥� 

As Mr. Daniels packs up his office, it is anybody鈥檚 guess whether the tuition freeze will extend beyond 2023 or what that would mean for students.

But whatever happens next, freezing the sticker price has done more than hit the reset button for one institution: Its leaps as well as its stumbles offer a decade鈥檚 worth of lessons on affordability.

Editor鈥檚 note: This story has been changed to clarify that only new contracts in Purdue’s income share agreement program have been suspended. 

This originally appeared at  and is published here in partnership with the .

The University of Wisconsin System announced on Monday that it is establishing a to allow students to attend any university within the system without paying tuition or fees.

The program 鈥� modeled after Bucky鈥檚 Tuition Promise, which was started at UW-Madison in 2018 and had its first class of students graduate in May 鈥� will launch in the fall of 2023 and is aimed at expanding access to college for students who come from low-income families or are the first members of their families to attend college.

The expansion of the tuition promise program beyond UW-Madison was announced on Monday at UW-Milwaukee鈥檚 campus by UW System President Jay Rothman. Joined by the chancellors of UW-Milwaukee, UW-Parkside and UW-Whitewater, he said at the event that the program will make attending a UW school an attainable goal for any Wisconsin resident.

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鈥淭he benefits of a college education are unassailable,鈥� Rothman said. 鈥淎 college degree needs to be within reach for every Wisconsin citizen as a path to a better life, and the Wisconsin Tuition Promise will provide these opportunities. It is also how we can close the skills gap that now limits Wisconsin鈥檚 potential to thrive in a global economy.鈥�

The program, according to the UW System, will provide up to four years of tuition and fee funding for students whose families make less than $62,000 a year and are enrolled at one of the 12 UW schools outside of Madison. Recipients must also be Wisconsin residents, first-time college enrollees and have been employed at some point in the previous year. Students will be automatically considered for the program when they apply for federal financial aid.

The program will fund eight semesters of tuition and fees for students seeking bachelor鈥檚 degrees, four semesters for students seeking associate鈥檚 degrees. Transfer students are also eligible, according to the system.

In a news release, the system announced it intends to spend $13.8 million to fund the first academic year of the program, 2023-24, on its own. After that, the system will seek state budget support to continue the program.

Last year, Gov. Tony Evers and interim UW System President Tommy Thompson attempted to expand the tuition promise program statewide in the system鈥檚 to the state Legislature but the Republican-controlled Joint Committee on Finance the program from the version of the biennial budget that was eventually passed.

The UW-Madison version of the program is funded through private donations and other university resources, not through the state budget.

According to the system, the program will provide 鈥渓ast dollar鈥� support, helping students fill the gap between what they receive through federal and state grants and scholarships and the total price of attending college. Because of this, the amount each student receives will vary though the system estimates students will receive an average of $4,500 over four years.

Rothman said at the Monday event that he estimates around 8,000 students will be served by the program as it鈥檚 rolled out over four years. Last year, the tuition promise program at UW-Madison helped new students enroll at the school.

Across the UW System, 23.5% of students receive federal Pell grants, which are provided to students who have an 鈥渆xceptional financial need.鈥� At UW-Milwaukee, which has the highest number of Pell grant recipients in the system, about 33% of students receive the grants.

The high number of low-income students at UW-Milwaukee makes the tuition promise program especially important for its campus, Chancellor Mark Mone said.

鈥淭he Wisconsin Tuition Promise comes at a pivotal time for our students and families who are faced with increasingly challenging economic circumstances. At UW-Milwaukee, we have the highest numbers of Pell Grant recipients, military and veteran students, and students with unmet financial needs,鈥� Mone said in a statement. 鈥淥ur promise will enable access to the quality of life that so many in our population deserve.鈥�

is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Wisconsin Examiner maintains editorial independence. Contact Editor Ruth Conniff for questions: info@wisconsinexaminer.com. Follow Wisconsin Examiner on and .

The program, dubbed , will be available to first- and second-year students on the school鈥檚 New Brunswick campus beginning in the 2022-2023 school year. Rutgers officials expect 7,600 students 鈥� nearly 20% of enrolled undergraduates 鈥� to qualify for the program. 

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The initiative is launching the same semester as Garden State Guarantee, a college affordability program signed into law by Gov. Phil Murphy aimed at helping third- and fourth-year students from low- and middle-income households.

If students from families with an adjusted gross income of $65,000 or less take advantage of both programs, full tuition and mandatory fees would be covered for four years.

For families with incomes between $65,001 and $80,000, the cost would be a maximum of $3,000 annually. The maximum cost would rise to $5,000 annually for families making between $80,001 and $100,000.

Students would still be responsible for meal plans, housing, textbooks, transportation, and other costs.

Scarlet Guarantee is expected to cost $24 million for the first year, with the state paying $10 million. It will be what鈥檚 known as a 鈥渓ast dollar鈥� program, meaning it will kick in on top of other scholarships and grants.

鈥淭he Scarlet Guarantee program will help qualified students from across New Jersey realize their hopes, dreams, and ambitions and will help Rutgers become an even richer and more diverse university,鈥� Rutgers President Jonathan Holloway said in a statement. 

The program is part of a nationwide movement to lower the skyrocketing cost of higher education. , which tracks trends in college pricing and student aid, reports the national average tuition at a public college stood at $10,740 for the 2021-2022 academic year.

According to the , the cost of college jumped 169% from 1980 to 2019.

For the  in-state tuition at Rutgers costs $12,536, while non-New Jersey residents pay more than $29,000. Room and board cost students another $13,400, and fees tack on an average of $3,268.

Tuition for 2022-2023 has not been set. 

A 2022 study by  found New Jersey is the fifth most expensive state for in-state college tuition, behind New Hampshire, Vermont, Pennsylvania, and Illinois.

Students don鈥檛 have to fill out any extra paperwork to be considered for Scarlet Guarantee. Anyone who completes the FAFSA or New Jersey Alternative Financial Aid Application for Dreamers 鈥� undocumented students protected under DACA 鈥� are automatically considered.

Students must be full-time, enrolled in at least 12 credits per semester working toward their first bachelor鈥檚 degree, and meet academic progress standards. Students in their fifth year and graduate students are not eligible.

Rutgers  and Rutgers  already have similar programs providing free tuition to some families who earn less than $65,000, and reduced tuition fees for students from households that earn less than $100,000. Other schools across the Garden State, including  and , have expanded their financial aid to help cut costs for low- and middle-income students. 

New Jersey is also home to the , which offers free tuition to 18 community colleges for undergraduates from homes with incomes of $65,000 or less.

is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. New Jersey Monitor maintains editorial independence. Contact Editor Terrence McDonald for questions: info@newjerseymonitor.com. Follow New Jersey Monitor on and .

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�