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

The district’s elementary teachers “went through the materials looking for things that may be controversial,” said Superintendent Joe Craig. They didn’t feel those parts of the curriculum “were in line with what we wanted the lesson to focus on.” 

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

Texas has spent roughly $100 million — and counting — to develop and promote its own reading curriculum. But some observers say they wouldn’t be surprised if districts aren’t rushing to pick it up, considering the State Board of Education approved it by a one-vote margin. 

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

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

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

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

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

But the program sparked a statewide debate over whether political leaders are forcing Christianity into public schools. Bluebonnet makes its debut in the classroom at the same time schools will be required, under a new state law, to display the 10 Commandments. Gov. Greg Abbott also signed in June that allows districts to offer a daily, voluntary period of time to pray and read the Bible or other religious texts. Under a similar 2023 law, districts can hire chaplains to volunteer as counselors, but aren’t participating.  

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

‘Hard on the teacher’

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

But parent Christine Yates advocated against it. 

“I don’t think religious-based instruction belongs in any type of public school setting,” said Yates, whose children will be in second and fourth grade this fall. Her family doesn’t attend church and she’s concerned that the lessons dealing with faith are just “borrowing trouble.” 

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

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

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

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

“If a parent were to complain about this… we would have to find a completely different text,” she said. 

But that didn’t sit well with Tiffany Baumann Nelson, one of three , who call themselves Mama Bears, elected in 2022.

“There is no religion in this curriculum,” she argued. “They’re all historical references, and so in my opinion, there should be no alternative or modifications.”

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

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

‘Reviewed it and loved it’

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

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

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

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

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

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

‘Promote, market and advertise’

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

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

The per-student bonus isn’t the only way the state aims to ensure Bluebonnet becomes the preferred choice. In December, the month after the board approved it, the Texas Education Agency quickly made Bluebonnet available to order. Materials from other publishers weren’t available until May.

“It seems that Bluebonnet Learning had an advantage,” Little told Morath, the commissioner, during . She said she heard complaints from publishers over the issue.

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

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

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

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

The service centers have always been a “hub of knowledge,” said Martha Salazar-Zamora, superintendent of the Tomball Independent School District, north of Houston. Expecting districts to sell Bluebonnet, she said, “has been more of a strategic push.”

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

“I love anything that helps kids,” she said. “I just don’t think it’s the right tool for every district.”

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

“Here’s a chance for parents to become effective policymakers on behalf of their children,” said Trujillo, who has long worked for former Los Angeles Mayor Antonio Villaraigosa, a supporter of the initiative.

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

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

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

The California initiative, however, includes wording that would prohibit courts from issuing remedies that include “new mandates for taxes or spending.”

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

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

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

State constitutions, Levin added, all include some “affirmative obligation” to provide students a public education, but courts have varied in how they interpret what that education should include.

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

On Nov. 1, the 1st Circuit Court of Appeals heard oral arguments in in which 14 Rhode Island students argue their schools don’t provide civics education, leaving them unprepared to exercise their rights as citizens. 

‘There’s no remedy’

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

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

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

“W�󲹳� Vergara taught us is that there is a right to a free education,” he said, “but if you want to sue because of a reading gap, there’s no remedy.” 

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

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

The initiative is “so broad that we’re all trying to figure out what it means,” Preston said, calling the proponents “a bunch of people who don’t know how education works trying to reform education.”

‘A battle royale’ 

The effort to add the constitutional amendment isn’t the only California initiative likely to provoke a fight with the teachers unions. A venture capitalist is behind a measure to eliminate collective bargaining for public sector employees. The argues that unions “protect bad employees.”

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

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

“I’m not sure if that anti-union, pandemic-specific anger is of the lasting variety,” Koppich said, but even so, “if this initiative is on the ballot, it will be a battle royale and an expensive one.”

Lisa Gardiner, a spokeswoman for the California Teachers Association said members “certainly believe that all students deserve a high-quality public education,” but that the union does “not take positions on — or even consider — ballot measures until they have qualified for the ballot.”

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

“The pandemic required families to try alternatives,” according to . “Today more than 60 percent of families are interested in alternative learning options for their students beyond the traditional public school system.” 

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

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

“Unions that want to oppose this are going to feel like they’re in upside-down land,” he said.

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

One of those families is the Nelsons, the other plaintiffs in , which the court will hear Dec. 8. This fall, Troy and Angela Nelson’s son Royce will be a sophomore at Erskine Academy in South China, Maine — the secular private school the family chose when they had to forgo “the religious school they believed was best for their kids,” said Michael Bindas, a senior attorney with the libertarian Institute for Justice, who represents the plaintiffs in the lawsuit over the state’s town “tuitioning” 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’t ban religious schools from choice programs simply because they’re 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 — 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’t 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’s tuitioning program.

A decision for the plaintiffs could prompt some states to get out of the voucher business if they can’t 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.

“Most legislatures do the right thing when they adopt these programs,” said Bindas, with the Institute for Justice, adding that Espinoza’s opponents argue the decision didn’t specifically say states can’t ban religious schools because they teach religion.“If the Supreme Court rules correctly, that argument will be removed from the arsenal of the school choice opponents.”

A more recent ruling in a case involving a Catholic social services agency has some legal experts suggesting moderates on the court won’t go too far.

Derek Black, a constitutional law professor at the University of South Carolina, said he doesn’t think the court is ready to “jump off the cliff and say the state can’t even restrict money being spent on the bread for communion.”

While it didn’t directly focus on education, the court’s 9-0 June ruling in is relevant, Black said. In that case, the justices held that the city couldn’t 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.

“Do the justices want to create breathing space for religion? Yes,” Black said. “Do they want religion to overcome the state? No.”

‘Dominoes falling’ 

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

Green doesn’t think a decision for the plaintiffs would immediately lead to churches or other religious organizations running charter schools, but added, “You’re really, really close.”

“This is about dominoes falling and it’s a deliberative legal strategy,” he said. “They don’t need to do it right away. They just need to establish a true line where they can make these legal arguments.”

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.

“As programs of private choice, charter school programs may include religious schools,” she wrote, adding, “If charter schools are permissible, religious charter schools must be permitted.”

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

“Charter schools are public schools and are subject to the First Amendment’s Establishment Clause,” she said. “Charter schools have never been able to, and cannot now, teach religion. Neither Espinoza nor a win for plaintiffs in Carson changes that.”

She stands by despite an Aug. 9 ruling by the 4th Circuit Court of Appeals in over whether charter schools’ uniform policies can require girls to wear skirts. The court ruled that charters are not “state actors” 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 “take a wrecking ball to public school funding.”

“States would suddenly become financially responsible for millions of students who previously chose to forgo public education,” they wrote. “In places already struggling to maintain public infrastructure, public budgets would now be on the hook for religious infrastructure.”

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

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

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

“We kept [Olivia] at Bangor Christian just because of the environment and the academics,” said Amy Carson, who manages the paperwork for her husband’s construction business. “It’s been good for her, being an only child. It’s like a whole other family.”