The left closed schools, failed kids — and now sues to block choice



Democrats closed schools unnecessarily during COVID. Five years later, test scores continue to plummet. And now, unions and their allies oppose school choice with even greater intensity than ever.

This hostility toward parental choice has been the Democrat stance for decades, but since 2019 the consequences have become unmistakable. The numbers are in, and they are damning.

Red states emphasized learning; blue states kowtowed to union demands.

The first National Assessment of Educational Progress report since the pandemic shows American high-school seniors graduating in 2024 performed worse than their 2019 peers in both math and reading.

Seniors scoring at or above the “proficient” level dropped from 37% to 35% in reading and from 24% to 22% in math. The number of seniors failing even “basic” math climbed from 40% to 45%, while those below the basic reading level rose from 30% to 32%.

As The 74, an education-focused outlet, reported: COVID “took a bite out of already declining basic skills” and left seniors “reading and doing math worse than any senior class of the past generation.”

The class of 2024 spent nearly four years under lockdowns, masks, remote learning, and chronic absenteeism. By March 25, 2020, every public school in the country was closed, locking out 50.8 million students.

Stephen Macedo and Frances Lee, in “In Covid’s Wake: How Our Politics Failed Us,” described these closures as “the most extensive and lengthy disruption to education in history.”

Unions kept classrooms shut

What Macedo and Lee underplay is the role of the American Federation of Teachers and its president, Randi Weingarten.

The House Select Subcommittee on the Coronavirus Pandemic concluded in its final report that many schools “remained closed because of AFT and Ms. Weingarten’s political interference” in the Biden administration’s reopening guidance.

That interference persisted despite mounting evidence that children were at low risk for serious illness and transmitted the virus less than adults. Early reports from Iceland and even the World Health Organization’s initial findings from Wuhan confirmed as much.

Instead of leading America’s schools back to normal operations, the AFT insisted that closures remain the default. The result: The U.S. more closely resembled developing nations than its advanced democratic peers.

The establishment’s response

Faced with the lowest test scores in a generation, the education establishment has not offered reform. Instead, it calls for more unions.

The 74 reported earlier this month that school administrator unions have expanded since COVID, with 11 new locals across eight states. It also noted strikes and strike threats in Washington state and Philadelphia, along with lawsuits from teachers’ unions trying to block school voucher programs as unconstitutional.

In short, the very groups that prolonged school closures now demand more money and more power, while students pay the price.

Spending more, learning less

The U.S. spent $15,500 per student in 2019 (adjusted to 2021 dollars), 38% more than the OECD average, while delivering worse outcomes. Yet unions still fight to preserve their monopoly and to block competition from private or charter schools.

But school choice is breaking through. As of May 2025, 35 states offer some form of private school choice program, most with more than one. Of those states, 27 voted for Trump in 2024. Among the 15 states without school choice, 11 voted for Harris.

The pattern is clear: The longest lockdowns happened in blue states, where Democratic leaders sided with unions over students.

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Federalism’s hard lesson

Macedo and Lee note that “lengthier school closures had strong political support in Democratic-leaning jurisdictions.” The Sunlight Policy Center of New Jersey measured the impact:

Red states (that voted for Trump in 2020) provided in-person instruction for 74.5% of the 2020-21 school year, while blue states (that voted for Biden) only provided in-person instruction for 37.6% of the time. Put another way, children in red states got 134 days of in-person instruction versus 68 days for blue state children. The bottom line: Red state kids got almost twice the number of in-person days than blue state kids during the school year. That’s an enormous difference in learning.

The bottom line: Red states emphasized learning; blue states kowtowed to union demands.

The takeaway

American seniors may be falling behind in math and reading, but the country has gained a civics lesson: Federalism matters. Where unions dictate policy, students suffer. Where parents have choices, students have opportunities.

The fight for school choice isn’t only about better scores. It’s about protecting families from the kind of educational malpractice that wrecked a generation of learning.

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The National Education Association, America’s largest teachers' union, held its annual convention earlier this month. The union’s resolutions — leaked to me by a union member — had nothing to do with improving education. Instead, the NEA declared war on the Trump administration.

One resolution committed the union to “defend birthright citizenship,” and another one to “support students’ right to organize against ICE raids and deportations.” Yet another declared support for “the mass democratic movement against Trump’s authoritarianism” and “the Los Angeles-based movement to defeat Trump’s attempt to use federal forces against the state of California and other states and communities.”

Forcing taxpayers to fund education for illegal immigrants undermines the rule of law and creates perverse incentives for further illegal immigration.

These resolutions confirm yet again that teachers’ unions are more invested in political activism than in prioritizing education.

In fact, NEA President Becky Pringle is an at-large member of the Democratic National Committee. Such actions expose teachers’ unions for what they really are: little more than an arm of the Democratic Party, pushing a radical agenda that puts taxpayers on the hook for funding the K-12 education of illegal immigrants.

With a conservative-leaning Supreme Court and growing public support for immigration enforcement, the time has come to revisit Plyler v. Doe, the 1982 ruling that forced states to provide free public education to children regardless of their immigration status. Reversing that decision would restore basic fairness for taxpayers and bring education policy back in line with the will of the American people.

The post-Plyler disaster

The court decided Plyler v. Doe on a narrow 5-4 vote, reflecting deep division even at the time. Today’s court, reshaped by President Trump’s appointments, has a stronger constitutional foundation to strike it down. The legal terrain has shifted. The original ruling was shaky then and looks even weaker now.

Legally, the case for overturning Plyler is strong. Conservative scholars argue that the 43-year-old ruling overstepped federal authority by compelling states to allocate resources for individuals who are not lawfully present. States have a sovereign right to prioritize their citizens and legal residents when allocating finite resources.

Meanwhile, conservative legal scholars argue that the Equal Protection Clause of the 14th Amendment — used to justify the decision — does not require states to educate those in the country unlawfully. That clause was written to protect citizens and lawful residents, not to extend taxpayer-funded benefits to those who violate immigration law.

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Forcing taxpayers to foot the bill for illegal immigrants’ education undermines the rule of law and encourages more unlawful entry. Public sentiment aligns with this view. A June CBS News/YouGov survey found that 54% of Americans support President Trump’s deportation efforts, a stance that helped propel him back to the White House last year. A June InsiderAdvantage poll found that 59% of Americans — including 89% of Republicans — support Trump’s decision “to deploy National Guard and federal military in downtown Los Angeles.”

A 2013 Phi Delta Kappa International/Gallup poll revealed that 55% of Americans oppose using taxpayer dollars to fund education for children of illegal immigrants, with a staggering 81% of Republican voters in agreement. (Perhaps that’s why Gallup hasn’t asked the question again.)

Taxpayers bear the cost, but teachers’ unions reap the rewards.

Public school funding is tied to enrollment. More students — regardless of legal status — mean more money for school districts. Illegal immigrant students often qualify as English language learners, which brings in even more per-pupil funding through federal and state grants.

The surge in English learners creates a demand for specialized teachers. Hiring more staff means more union members — and more dues. The unions grow stronger and richer with every new student who requires extra services.

So when teachers’ unions protest immigration enforcement or attack Trump administration policies, they aren’t defending children. They’re protecting their bottom line. It’s all about the cash, not compassion. They’ve prioritized financial and political power over the interests of American citizens and legal residents, and they expect you to keep paying for it.

Two ways forward

Two strategies could pave the way to overturn Plyler v. Doe.

First, states like Texas, Oklahoma, and Tennessee are expanding school choice programs that exclude illegal immigrants from taxpayer-funded benefits such as private school scholarships and education savings accounts. These programs give parents greater control over their children’s education, but unions have launched aggressive campaigns to block them.

If unions sue to stop these programs on the grounds that they violate Plyler, they’ll likely lose. The ruling required states to provide free public education to illegal immigrants. It said nothing about private scholarships or alternative funding streams.

That legal distinction matters. The court’s conservative majority could uphold these state programs and clarify that Plyler doesn’t apply outside the public school system. Such a decision wouldn’t just protect school choice — it could also erode the Plyler precedent and clear a path to overturn it entirely.

That would return power to the states and allow elected leaders — not unelected judges — to decide how taxpayer dollars are spent.

The second way involves red-state lawmakers taking direct aim at Plyler.

Republican legislators in states like Tennessee have introduced bills to block taxpayer funding for the K-12 education of illegal immigrants. Tennessee recently put its bill on hold while seeking federal guidance on whether the move would jeopardize broader education funding.

If teachers’ unions sue to stop these laws, they risk a high-stakes loss.

A legal defeat could weaken Plyler and give states new authority to draw clear lines around who qualifies for taxpayer-funded education. One ruling could reshape national policy — and force a long-overdue debate about who pays, who benefits, and who decides.

The National Education Association’s unhinged resolutions reflect a desperate push to preserve a broken status quo. Its opposition to border enforcement isn’t about students — it’s about protecting funding, growing membership, and consolidating power. The Supreme Court should revisit Plyler v. Doe and reaffirm a basic principle: Taxpayer resources must serve those who respect the rule of law.

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