Dear Members of the 120th Congress,
Start with the premise you’ll hear cited against public education all year: that the United States ranks low in international comparisons. On average, it does — but that average hides a country split in two. In the 2011 NAEP-TIMSS linking study, Massachusetts’s eighth graders scored behind only five of 47 education systems worldwide, trailing just Japan among them, while Alabama’s, the same year, were statistically indistinguishable from Turkey and Armenia. Run the comparison state by state and the picture varies enormously: Massachusetts, New Jersey, New Hampshire, Wyoming, and Connecticut — America’s best states for education — perform like some of the strongest systems on earth, while the states that won’t invest perform like the weakest ones, and it’s their scores dragging the national average down. The problem was never the country; it’s a particular set of states, and the gap between them is widening: cost-adjusted K-12 investment predicts the chain from funding adequacy to NAEP scores to adult degree attainment to state income growth, and the best- and worst-educated states have been pulling apart for decades (Human Capital Pays, If You Count the Cost; the underlying analysis is in Investing in Human Capital: Does Long-Run K-12 Investment Fuel State Economic Growth?). Our future depends on raising the bottom, not averaging it away — and raising the bottom means forcing the states that won’t try to raise themselves, economically as well as educationally, out of the federal dependence the rest of this letter is about undoing.
You are arriving in Washington, I hope, with majorities in both chambers and a mandate to undo a particular kind of damage. For a term and a half of Trump leadership, with Republican control of Congress compounded by Republican control in too many statehouses facing no federal check, federal education policy has run on two settings: stupid and mean. Stupid, because dismantling the Department of Education, gutting NCES and IES, and threatening to claw back aid from states that pursue equity doesn’t actually improve a single classroom — it just leaves the country unable to measure its own failures. Mean, because the one new federal investment of this era, an uncapped tax credit that bankrolls private school tuition with no strings attached, takes effect on January 1, 2027, the same month you’re sworn in, while the children in the states that need the most help keep getting the least. And it hasn’t just been neglect: in Trump 2.0, the Office for Civil Rights has been weaponized against the very students it exists to protect, turned toward fighting equity and fairness rather than enforcing them.
This letter isn’t Project 2029. Project 2029 is the national school finance formula this country needs — a formula that guarantees every child an adequately funded education regardless of which state she happens to live in. I’ve laid out that plan elsewhere, in the working paper this letter is meant to accompany: Equal Educational Opportunity for All: From Short-Term Resistance to Project 2029. Project 2029 cannot be written in a weekend, and it shouldn’t be. It needs a cost model, an effort floor, a legal theory, and data infrastructure that currently doesn’t exist because this administration is actively destroying it. What you can do in 2027 and 2028 — what you must do — is build that foundation. Call it Project 2027. Five tracks, running at the same time.
Track A: Write the adequacy formula into law, even if you phase in the money
With Matthew Di Carlo and Mark Weber, I’ve already specified a federal foundation aid formula that works the way a good state formula works: a national cost model estimates what each district needs to reach common outcome goals; a minimum state-and-local effort requirement, roughly the national average, determines what each state must raise on its own; federal aid fills whatever adequacy gap remains, but only after a state has done its part. In full-compliance simulation, this requires about $52 billion in new federal aid and about $80 billion in new state and local investment, targeted to districts in 34 states. It would take the share of students in inadequately funded districts from about 55 percent to zero, cut the gap between the highest- and lowest-poverty districts by more than 60 percent, and close 59 percent of the Black-white and 49 percent of the Latinx-white funding gap.
You do not have to appropriate all of that in one bill. You do have to authorize the formula, the cost model, and the effort floor now, as a new title of the Elementary and Secondary Education Act, with a multi-year phase-in for states below the floor. Three structural fixes make this real rather than cosmetic:
- Replace maintenance-of-effort with an effort floor. Current law only requires a state to spend 90 percent of what it spent the year before. A state can sit at the bottom forever and remain compliant. The test should be effort relative to capacity — state and local revenue against gross state product or personal income — not effort against your own prior low bar.
- Fix Title I’s spending factor. The current formula sends more aid per poor child to states that already spend more, regardless of need. Allocations should track adequacy gaps and effort, not reward states for already having money.
- Fully fund IDEA. You authorized federal funding of up to 40 percent of the excess cost of educating students with disabilities in 1975. You have never come close. Closing that gap is one of the most direct ways to relieve pressure on low-capacity states without waiting for the broader formula.
Track B: Stop treating “can’t” and “won’t” the same way
Some states can’t fund their schools adequately without help. Others won’t, and currently get backfilled by Washington anyway. I’ve written about both groups at length — in The Dependent States of America and in America’s Worst States for Education — and the formula you authorize in Track A should write the distinction between them directly into statute, not leave it to agency discretion.
| Group | Examples | What they need |
|---|---|---|
| High-effort, low-capacity (“can’t”) | Mississippi, New Mexico, West Virginia, Alaska | Prioritized gap-closing aid immediately, no effort hurdle — they’re already taxing near or above the national average and still can’t reach adequacy on their own. |
| Low-effort, high-capacity (“won’t”) | Nevada, Texas, North Carolina, Florida, Arizona, Tennessee | Required to raise their own effort to the national floor before drawing a dollar of gap-closing federal aid. |

North Carolina has the lowest fiscal effort in the nation, 2.05 percent of gross state product, in a large and growing economy. Florida and Arizona would each have roughly 29 and 35 percent more state and local school revenue today had they simply held their 2006 effort levels. These are not capacity problems. Four of the five states on my 2026 worst-states list — North Carolina, Arizona, Nevada, Florida — are literally the four lowest-effort states in the country. And this same logic should apply to the roughly $115 billion in federal aid states already receive, not just new money. Write the effort-floor test into the statute itself, with a bright line rather than a waiver process, so it survives the next administration’s discretion as well as this one’s.

Track C: Give children, not just states, a seat at the table
Several of the states most dependent on federal aid — Arizona and Florida among them — are also where public money now follows parental preference with the fewest strings attached. Arizona’s Empowerment Scholarship Account statute treats a parent’s signature on a funding agreement as compulsory school attendance — no test, no curriculum requirement, no measure of whether the child is learning anything at all. I’ve argued, in Not the Mere Creature of Anyone, that the child in that arrangement is the only party with no rights of her own: she can’t sue her parents for academic neglect, she has no federal constitutional claim, and state courts reviewing these programs increasingly ask whether the public system is harmed, not whether she is being educated.
Congress and ED/OCR don’t need to wait for the full formula to act here. Using existing Title VI, Title IX, IDEA, and Section 504 authority, ED and OCR should put states on notice now that any provider serving a student whose education is subsidized with federal dollars — charter, voucher, or ESA — is bound by the same nondiscrimination and disability obligations as a public school, and that a state’s own voucher statute doesn’t override that. On the legislative side, I’d ask you to:
- Restore a private right of action under Title VI, closed off by Alexander v. Sandoval (2001), and codify Plyler v. Doe‘s guarantee that every child is entitled to a public education regardless of immigration status.
- Write “Children’s Recourse” into the conditions on federal aid: register every school-age child in every setting; assess learning rather than attendance or receipts, paired with remediation and, after repeated failure, a required change of setting; keep every child in periodic contact with a mandated reporter; apply neutral accountability conditions, including nondiscrimination and audits, to every provider alike; give older students a voice in decisions about their own schooling; and repeal provisions, like Arizona’s, that deem a signed funding contract to be school attendance.
Draft these as neutral, generally applicable conditions rather than anything targeted at religious providers specifically. That’s not just good policy design — it’s what gives them a chance of surviving whatever the Supreme Court does with St. Mary Catholic Parish v. Roy, Carson v. Makin, and Fulton v. City of Philadelphia. Pierce v. Society of Sisters told us a century ago that the child “is not the mere creature of the State.” She is also not the mere creature of her parents, or of a scholarship-granting organization. Someone has to be answerable to her.
Track D: Rebuild what’s being torn down
None of the above works without data, and the data infrastructure is actively being dismantled. Reauthorize the Education Sciences Reform Act with statutory independence and protected funding for NCES and IES. Codify the Census Bureau’s school finance survey and school-level per-pupil spending reporting, which current law already calls for but which has been unevenly enforced. Fund the cost-modeling capacity the formula in Track A depends on. Project 2029 cannot be built on data that no longer exists by 2029, and right now, that’s the trajectory.
Track E: Shut down the federal voucher tax credit before it starts
The One Big Beautiful Bill Act created the Education Freedom Tax Credit: a nonrefundable, dollar-for-dollar federal tax credit of up to $1,700 per taxpayer for donations to scholarship-granting organizations, with no cap on the total amount of credits the federal government will honor nationally. States have to opt in, and at least 29 already have, several after Democratic governors vetoed the opt-in bill only to be overridden by their own legislatures. The program takes effect January 1, 2027. It carries no learning-assessment requirement, no nondiscrimination requirement, no transparency requirement — none of the accountability conditions that would make it defensible even on its own terms.
There is already a bill sitting in the Senate Finance Committee: S. 4297, the Keep Public Funds in Public Schools Act, introduced by Senator Mark Kelly with 29 Democratic and two independent cosponsors. Pass it, or fold its repeal into the first must-pass vehicle you move. Every other track in this letter is about building better-targeted federal investment in public education. None of it makes sense while an uncapped federal subsidy for private tuition runs in the opposite direction, unmeasured and unaccountable, the same month you take your seats. Stop the bleeding before it starts.
Why this has to be done this way
Spending Clause conditions have to be clearly stated, related to the purpose of the funds, and not so coercive that states have no real choice — that’s South Dakota v. Dole, and it’s not optional. That’s the argument for attaching every new condition in this letter to new adequacy aid, phased in, rather than threatening to claw back money states already depend on. It’s also the sharpest possible contrast with the era you’re inheriting, in which federal aid has been wielded as a political weapon against the states trying to do right by their kids, while states doing the least get the most cover. Project 2027 is not Project 2029. It’s the authorizing statute, the cost model, the effort floor, the data, and the legal architecture that make Project 2029 possible to build in the first place — so that when the country is finally ready to guarantee every child an adequate education, it isn’t starting from nothing.
What the Education States can do in the meantime
Congress will not move on anyone’s timeline but its own, and in the meantime, children are still sitting in classrooms in states that won’t try. That work falls, for now, to what I’ve called the Education States — a group that isn’t exclusively blue or northern; Kansas qualifies. Three things they can do, starting now, to help and to put pressure on the rest: backfill threatened federal aid with their own state funds rather than letting students absorb the loss, much as southern states once used state aid to resist federal civil rights enforcement, but turned toward adequacy instead of evasion; keep building the school-finance and outcomes data infrastructure Washington is actively abandoning, so that when Project 2029 is ready to be built, the evidence base doesn’t have to be rebuilt from nothing; and use their own example, consistently and loudly, to make low effort a political liability rather than a free pass — every Education State governor and legislature who says out loud that Texas, Florida, and North Carolina could afford to fund their schools and choose not to, makes the case for Track B’s effort floor better than any formula can on its own.
Sincerely,
Bruce D. Baker
Sources
- Baker, B.D. (2025). Equal Educational Opportunity for All: From Short-Term Resistance to Project 2029. Working paper.
- Baker, B.D. (2026). Not the Mere Creature of Anyone: Parental Control, Public Money, and the Case for Children’s Educational Rights. School Finance 101 Working Paper.
- Baker, B.D. (2026). The Dependent States of America. SchoolFinance101.
- Baker, B.D. (2026). America’s Worst States for Education (2026 Edition). SchoolFinance101.
- Baker, B.D., Di Carlo, M., & Weber, M. (2022). Ensuring Adequate Education Funding for All: A New Federal Foundation Aid Formula. Albert Shanker Institute.
- Ballotpedia, “Senate Democrats introduce bill to repeal federal education tax credit scholarship” (April 2026) — S. 4297, the Keep Public Funds in Public Schools Act.
Related reading: Equal Educational Opportunity for All: From Short-Term Resistance to Project 2029, the working paper this letter sets the stage for.
















