But as the first Black woman on the court, Jackson would likely be more attuned to issues of race and gender as reflected in school dress codes or restrictions on Black hairstyles like braids, and she might see “discrimination that maybe another justice might not,” said Preston Green, an education professor at the University of Connecticut.
Some legal scholars say that raises a new question. If a state can’t keep a private religious school out of its voucher program, can it stop a religious school from participating in its charter school program?
“Charter schools are the next frontier,” Preston Green, an education law professor at the University of Connecticut. Compared to school vouchers, “this could actually be more of a win for religious entities if they can get it.”
Preston Green, at the University of Connecticut, said there’s more at stake than the rights of students attending charter schools, which have continued to experience growth through the pandemic. If charters are not state actors, it would be easier for them to exclude some students, he said.
A group of education law scholars, including Neag School’s Preston Green, has filed a friend-of-the-court brief in Carson v. Makin, a U.S. Supreme Court case about public funds for religious schools.
In a recent article that he co-authored in The Conversation, Preston Green III, a professor at the University of Connecticut’s Neag school of education, outlined a four-part formula designed to address racial inequities in public schools.
The formula includes tax rebates to Black homeowners, adding a factor into school finance formulas that accounts for the negative effects of racial isolation, removing policies that have racist roots and increasing state aid to school districts in majority-Black districts so that it makes up for gaps in local revenues.
Panelists on this episode argue that inadequate and inequitable funding of our public schools pose a dire threat to American democracy. That’s because students in under-resourced schools, those who tend to be poor and people of color, are less able to participate in the democratic process. The full panel includes: Derek Black, Professor of Law, University of South Carolina School of Law; Preston Green, Professor of Educational Leadership and Law, University of Connecticut; Joshua Starr, Chief Executive Officer, PDK International; and Sanaa Kahloon, student, Harvard University.
“The problem that we may have is that, even if we spend the money wisely and do things that need to be done, you may not get the turnaround in two or three years,” says Preston Green, a professor of educational leadership in the Neag School of Education. “What I’m calling for is more patience.”
“I think there was a failure to anticipate private entities taking advantage,” said Preston Green, a professor of education leadership and law at the University of Connecticut. “The lack of guidelines for those companies opened the way to potential abuses — drawing a comparison to the lax regulation of financial markets that led to the subprime mortgage crisis a decade ago. ”
“The authors describe how a “bubble” happens, how certain populations are targeted, how they clamor to get in to what appears to be a good deal, then stampede out when the bubble bursts. This may be happening now in urban African American communities,” writes Ravitch. “This article is worth your time.”
The lack of basic safeguards has opened up the charter school sector to “educational entrepreneurs,” says Preston C. Green, professor of Educational Leadership at the University of Connecticut. “These actors may also run businesses whose interests conflict with the charter schools that they are operating.”