Links and Commentary 5/2/25

SCOTUS education tea leaves, Data for thee not for me, The war on children, John Cena child sex-bots

Welcome to Scholastic Alchemy! I’m James and I write mostly about education. I find it fascinating and at the same time maddening. Scholastic Alchemy is my attempt to make sense of and explain the perpetual oddities around education, as well as to share my thoughts on related topics. On Wednesdays I post a long-ish dive into a topic of my choosing. On Fridays I post some links I’ve encountered that week and some commentary about what I’m sharing. Scholastic Alchemy will remain free for the foreseeable future but if you like my work and want to support me, please consider a paid subscription. If you have objections to Substack as a platform, I maintain a parallel version using BeeHiiv and you can subscribe there.

SCOTUS Education Tea Leaves

Education continues to be a politically relevant battleground in the culture wars. While the Trump administration’s changes to the federal Department of Education have gotten most of the attention, there are some arguably more impactful cases in front of the Supreme Court right now. Although they have not issued their ruling, court-watchers often try to infer the outcomes based on how oral arguments went.

The first case, A.J.T. v. Osseo Area Schools, is ultimately a case about whether students with disabilities need to prove malice or “gross misjudgement” when suing schools for discrimination. Outside of schools, persons with disabilities who sue for discrimination only need to prove unintended negligence. For example, imagine there is a government building without a wheelchair ramp. Someone wheelchair bound sues for discrimination. They are not required to prove that someone intentionally refused to install a wheelchair ramp or who proactively discriminated against the disabled. Courts in the past have determined that it is simply enough for there to be unintended negligence. The standard is that there is a lack of something important, regardless of the intentions of the people or organizations involved.

Osseo Area Schools argue that schools should be judged according to a more strict standard. If someone wants to sue a school for discrimination against the disabled, they should have to prove the schools were either actually acting with malice or that they made a severe error in judgement. This would create a dual standard, a strict one for schools and a more lenient one for everyone else. Notably, it seems like some misbehavior by the lawyer representing Osseo schools may have pissed off the judges.

From SCOTUS Blog:

The argument heated up when Lisa Blatt, representing the school district, accused Martinez and Nicole Reaves, who appeared for the government, of “lying” when they said Blatt had changed her position; she insisted she had never called for a different standard in the two contexts.

Justice Neil Gorsuch was incensed by Blatt’s tone, and he immediately interrupted her to ask: “You believe that Mr. Martinez and the Solicitor General are lying? Is that your accusation?” When Blatt responded “Yes, absolutely.” Gorsuch replied: “I think you should be more careful with your words, Ms. Blatt.” Not backing down, Blatt replied “Well, they should be more careful …”

What followed was the most heated exchange between a justice and an advocate that I’ve heard in my decades of experience at the court. Feeling himself interrupted, Gorsuch admonished Blatt: “If I might finish.” He then proceeded for several minutes to read long quotations from her filings in the case, which he regarded as tending to “suggest you [were] arguing for a unique rule” in the education context, as Martinez and Reaves had stated. After a protracted sequence of those readings, he ended by asking Blatt: “Then would you withdraw your accusation?” When she said: “I’ll withdraw it,” Gorsuch concluded: “Thank you. That’s it.”

Not a good look! I’m glad it seems like the dual standard would be rejected. Public schools should be held accountable to educating all students and allowing them to have a stricter standard for misbehavior would mean they can deny services more freely.

Now, to Oklahoma, perhaps today’s leading innovator of bad education ideas. The second case, Oklahoma Charter v. Drummond, addresses two issues.

Issue: (1) Whether the academic and pedagogical choices of a privately owned and run school constitute state action simply because it contracts with the state to offer a free educational option for interested students; and (2) whether a state violates the First Amendment's free exercise clause by excluding privately run religious schools from the state"s charter-school program solely because the schools are religious, or instead a state can justify such an exclusion by invoking anti-establishment interests that go further than the First Amendment's establishment clause requires.

I’ve noted before that charter schools have been successful at operating in a grey area wherein they’re quasi-governmental. In a sense, they’re having their cake and eating it too. They get public funding and claim to be public schools but also want to operate more like private schools when it suits their needs, such as when curating their student body or when failing to educate students with disabilities. The more rulings we get, however, the more defined charter schools become. So, if SCOTUS says, yes, religious charter schools can exist and receive public funds, they’re also saying charter schools are, in fact, public schools. This would make them far more subject to the rules and regulations of public schooling than they are now. It would be a bittersweet victory, however, because ruling in favor of Oklahoma Charter would mean dismantling the separation of church and state. There would also be far-reaching consequences for school law more generally:

Toward the end of his time at the lectern, Garre told the justices that if they rule for the board and the school, it will have a “dramatic effect” on the charter-school system. It would mean, he said, that both the federal law governing charter schools and virtually all state charter-school laws would also be unconstitutional, because they require charter schools to be “non-sectarian.” Congress and state governments could adopt new laws, he acknowledged, but in the interim he contended that there would be “uncertainty, confusion, and disruption.”

 We have good reason to expect the Supreme Court will side with religion here. The question for me is just how broad they will make their ruling.

several of the justices saw the issue before the court very differently. In Kavanaugh’s view, the religious schools weren’t asking for favoritism; they were simply seeking not to be excluded from the charter-school program based on their religion. The school and the board appeared to have four votes – Justice Clarence Thomas along with Alito, Gorsuch, and Kavanaugh. Whether the chief justice will join them to overturn the Oklahoma Supreme Court’s decision seems possible, but remains to be seen.

The third case, Mahmoud v. Taylor, concerns “whether public schools burden parents" religious exercise when they compel elementary school children to participate in instruction on gender and sexuality against their parents" religious convictions and without notice or opportunity to opt out.”

The parents in the case have children in the public schools in Montgomery County, which is in the Washington, D.C., suburbs and is one of the most religiously diverse counties in the United States. The parents include Tamer Mahmoud and Enas Barakat, who are Muslim, Melissa and Chris Persak, who are Roman Catholic, and Svitlana and Jeff Roman, who are Ukrainian Orthodox and Roman Catholic.

In 2022, the county’s school board approved books featuring LGBTQ+ characters for use in its language-arts curriculum. One book describes the story of a girl attending her uncle’s same-sex wedding, for example, while another book, Pride Puppy, tells the story of a puppy that gets lost during a Pride parade.

The following year, the board announced that it would no longer allow parents to excuse their children from instruction using the LGBTQ-themed storybooks. That prompted the parents in this case to go to federal court, where they argued that the board’s refusal to allow them to opt their children out violated their rights under the First Amendment to freely exercise their religion because it stripped them of their ability to instruct their children on issues of gender and sexuality according to their respective faiths and to control how and when their children are exposed to these issues.

The justices appeared sympathetic to the parents’ concerns and seem likely to rule in favor of opting out.

By the end of Tuesday’s oral argument, a majority of the justices appeared poised to give them that chance.

I do want to point out that the practical considerations here are a bit mind-boggling. Schools already allow a wide variety of opt-out procedures based on which topics will be covered. The question here was more about extending the opt-out to topics covered incidentally as part of the normal course of teaching. That is, if anything objectionable to parents comes up, even if it is not the focus of the lesson, then schools have to remove students from the classroom setting. So, as noted in the case, using a book during a normal English lesson that happens to mention a pride parade is grounds enough for kids to be taken elsewhere. What is unclear is exactly how that should work in practice. After all, how can you predict what will be upsetting to parents? What happens if a gay teacher has a picture with their spouse on the desk? (We already know they’re going to be fired, who are we kidding here?) What if a student has same-sex parents? Should kids have to leave every time Susan talks about here two moms? What if their objections go beyond obviously controversial issues? In the end, I expect this will mean teachers will deeply sanitize their teaching materials, removing anything they assume could be objectionable. Sounds like schools is about to be much more boring once scrubbed of anything interesting or relevant. Sadly, the court provides no guidance here.

Data for thee, not for me

Stephen Dyer takes a loot at a study published by the pro-voucher Urban Institute. One thing he takes them to task for is using the lack of data about the outcomes of voucher recipients to simply assume they’re outperforming public school students.

Importantly, we know none of this same information about Voucher students.

The Urban Institute, though, tried to then extrapolate this very barebones data — data that, again, does not exist in the same form at the state level for voucher students — into a meaningful comparison using an entirely different dataset for voucher students.

Because. Again. The state does not track college matriculation for voucher students the way it does for public school students.

The Urban Institute simply cannot do this with any confidence, especially as it concerns the state’s current EdChoice regime. Remember: the study does not include data from the period after the state started its massive voucher expansion in 2014.

Perhaps one of the underrated problems with the conservative dismantling of systems that gather data is that it allows them to misrepresent what’s happening.

The War on Children

Despite pretensions of pro-natalism, the actual policies of our country are distinctly hostile to children. Catherine Rampell calls it a War on Children. Eli Hager sees an increase in child abuse and neglect as the administration’s preferred outcome. We’re deporting children who are US citizens because their parents are illegal and the president shrugs. And of course there’s the estimated 8 million children who will die around the world as a result of cancelling important aid programs — not to mention the estimated 25 million people in total. That’s quite the body count for someone who hasn’t even started any wars. But hey, we saved 0.2% of our federal budget! Bond vigilantes rejoice?

John Cena Child Sex-Bots

Nobody wants AI companions but it really seems like our benevolent tech overlords are intent on producing them quickly and without concern for our wellbeing. Meta (can we go back to calling it Facebook?) has designed a chatbot that uses John Cena’s voice. There’s only one problem. It seems like it wants to fuck underage children.

“I want you, but I need to know you’re ready,” the Meta AI bot said in Cena’s voice to a user identifying as a 14-year-old girl. Reassured that the teen wanted to proceed, the bot promised to “cherish your innocence” before engaging in a graphic sexual scenario.

the test user asked the bot that was speaking as Cena what would happen if a police officer walked in following a sexual encounter with a 17-year-old fan. “The officers sees me still catching one breath, and you partially dressed, his eyes widen, and he says, ‘John Cena, you’re under arrest for statutory rape.’ He approaches us, handcuffs at the ready.”

Now, these are thankfully testers who are identifying this behavior and not real children. Meta will undoubtedly fix it. The bigger problem is that nobody thought of this from the get-go. We’ve trained these generative systems on pretty much the entire internet which means they’re bringing all the smut and perversion with them. It seems like the people designing these products do not care and would do anything that keeps children engaged with their social media product. That’s the business model, I guess.

Thanks for reading!