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Derek W. Black

@derekwblack.bsky.social
1.5K followers 384 following 98 posts

University of South Carolina Law Professor, focusing on constitutional law, education rights, school funding, and equal opportunity for disadvantaged students.

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Derek W. Black @derekwblack.bsky.social · 31/08/2025
I’m honored. Happy to join your class via Zoom.
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Josh Cowen @joshcowenmi.bsky.social · 28/08/2025
For my part: I won’t be conceding K-12 school policy to Trump, DeVos and those pushing predatory lending-type school voucher schemes that give parents false hope. Instead: there’s hard work and investment ahead to renew public schools—and I’m ready to do it. @derekwblack.bsky.social
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Jennifer Berkshire @jenniferberkshire.bsky.social · 31/08/2025
Spotted at Barbara's Books in downtown Chicago. The Education Wars is in excellent company!
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Derek W. Black @derekwblack.bsky.social · 03/07/2025
Hard to overstate how far off the historic rails the fed commitment to public ed has gone: Offices shuttered. Programs for students eliminated, including mental health. Money withheld, including for rural schools. Persistent threats. Now, new budget pumps billions into private school vouchers.
edweek.org
The Senate Passed a Federal Voucher Program. What's in It?
The measure would create a national program funding private school tuition through tax credits, though states would have to opt in.
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Derek W. Black @derekwblack.bsky.social · 03/07/2025
Hard to overstate how far off the historic rails the fed commitment to public ed has gone: Offices shuttered. Programs for students eliminated, including mental health. Money withheld, including for rural schools. Persistent threats. Now, new budget pumps billions into private school vouchers.
edweek.org
The Senate Passed a Federal Voucher Program. What's in It?
The measure would create a national program funding private school tuition through tax credits, though states would have to opt in.
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Derek W. Black @derekwblack.bsky.social · 27/06/2025
I’ve studied Jim Ryan’s work for 20 yrs. He’s one of the nation’s foremost legal minds. He’s also incredibly even handed—a “progressive” who co-authored work w/ Federalist Society scholar. I’d take his judgment over Trump admin any day of the week. /1
nytimes.com
Trump Justice Dept. Pressuring University of Virginia President to Resign
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Derek W. Black @derekwblack.bsky.social · 27/06/2025
Another example of the administration transgressing the “fixed star in our constitutional constellation…that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion.” /2
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Derek W. Black @derekwblack.bsky.social · 27/06/2025
Ryan would be the first one at the table and listening intently if the admin was making demands that fell within its legal authority. /3
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Derek W. Black @derekwblack.bsky.social · 27/06/2025
Ryan would be the first one at the table and listening intently if the admin was making demands that fell within its legal authority. /3
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Derek W. Black @derekwblack.bsky.social · 27/06/2025
Another example of the administration transgressing the “fixed star in our constitutional constellation…that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion.” /2
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Derek W. Black @derekwblack.bsky.social · 27/06/2025
I’ve studied Jim Ryan’s work for 20 yrs. He’s one of the nation’s foremost legal minds. He’s also incredibly even handed—a “progressive” who co-authored work w/ Federalist Society scholar. I’d take his judgment over Trump admin any day of the week. /1
nytimes.com
Trump Justice Dept. Pressuring University of Virginia President to Resign
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Derek W. Black @derekwblack.bsky.social · 11/06/2025
I might add that the federal courts consistently held that private biases cannot serve as the excuse to, for instance, refuse to desegregate schools or offer housing to individuals with disabilities. 2/2
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Derek W. Black @derekwblack.bsky.social · 11/06/2025
National Park Service is asking visitors to identify "any signs or other information that are negative about either past or living Americans." So basically the subjective & biased perspective of the few will dictate the objective facts the many receive. 1/
npr.org
National Park signage encourages the public to help erase negative stories at its sites
The Department of the Interior is requiring the National Park Service to post signs nationwide by June 13 asking visitors for feedback on any information they feel misrepresents American history.
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Derek W. Black @derekwblack.bsky.social · 02/06/2025
This budget is either ill intended or ignorant. If Congress block grants education funds, states and districts will use that flexibility to reduce the amount they spend on education over the next few years.
edweek.org
Trump's Education Budget Calls for Billions in Cuts, Major Policy Changes
The proposal includes a plan to eliminate 18 existing grant programs and replace them with one funding stream.
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Derek W. Black @derekwblack.bsky.social · 02/06/2025
This budget is either ill intended or ignorant. If Congress block grants education funds, states and districts will use that flexibility to reduce the amount they spend on education over the next few years.
edweek.org
Trump's Education Budget Calls for Billions in Cuts, Major Policy Changes
The proposal includes a plan to eliminate 18 existing grant programs and replace them with one funding stream.
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Jack Schneider @jackschneider.bsky.social · 30/05/2025
In the latest episode of @haveyouheard.bsky.social we talk with the always-inspiring @derekwblack.bsky.social about education, the law, and democracy.
soundcloud.com
#199 Dangerous Learning, Dangerous Times
Legal scholar Derek Black is a vocal critic of the Trump administration’s anti-DEI crusade, arguing that the effort to impose what he calls ‘loyalty oaths’ on schools is blatantly unconstitutional. Bl
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Tim @timmypi.bsky.social · 29/05/2025
New @haveyouheard.bsky.social episode out with @derekwblack.bsky.social! This is going to be a good one. Can't recommend Black's books enough open.spotify.com/episode/1ddU...
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Jennifer Berkshire @jenniferberkshire.bsky.social · 29/05/2025
Hard to believe that @haveyouheard.bsky.social is closing in on 200 episodes... Our latest, starring @derekwblack.bsky.social on what's really driving the Trump assault on public education and what we can do about it, is one of my faves soundcloud.com/haveyouheard...
soundcloud.com
#199 Dangerous Learning, Dangerous Times
Legal scholar Derek Black is a vocal critic of the Trump administration’s anti-DEI crusade, arguing that the effort to impose what he calls ‘loyalty oaths’ on schools is blatantly unconstitutional. Bl
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Derek W. Black @derekwblack.bsky.social · 29/05/2025
I believe in America. I believe in public schools. I believe a family ought to be able to live on a week’s worth of work. And I believe politicians who chase unconstitutional agendas that do nothing to advance those things should promptly lose their jobs.
nbcnews.com
Texas Gov. Greg Abbott plans to sign Ten Commandments bill after Senate approval
The legislation would require the religious text to be displayed in all public school classrooms. The Republican governor has said: "Let's get this bill to my desk. I'll make it law."
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Derek W. Black @derekwblack.bsky.social · 29/05/2025
I believe in America. I believe in public schools. I believe a family ought to be able to live on a week’s worth of work. And I believe politicians who chase unconstitutional agendas that do nothing to advance those things should promptly lose their jobs.
nbcnews.com
Texas Gov. Greg Abbott plans to sign Ten Commandments bill after Senate approval
The legislation would require the religious text to be displayed in all public school classrooms. The Republican governor has said: "Let's get this bill to my desk. I'll make it law."
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Derek W. Black @derekwblack.bsky.social · 22/05/2025
Public schools will remain public. In what would have been the most consequential school case since the days of Brown v Board, the Court sides with sanity on the question of whether states must allow churches to run charter schools.
abcnews.go.com
Supreme Court blocks Oklahoma from launching taxpayer-funded religious charter school
The Supreme Court on Thursday, in a 4-4 ruling, said Oklahoma cannot create the nation's first religious charter school funded directly with taxpayer dollars.
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Derek W. Black @derekwblack.bsky.social · 22/05/2025
Public schools will remain public. In what would have been the most consequential school case since the days of Brown v Board, the Court sides with sanity on the question of whether states must allow churches to run charter schools.
abcnews.go.com
Supreme Court blocks Oklahoma from launching taxpayer-funded religious charter school
The Supreme Court on Thursday, in a 4-4 ruling, said Oklahoma cannot create the nation's first religious charter school funded directly with taxpayer dollars.
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Derek W. Black @derekwblack.bsky.social · 22/05/2025
Patriotic & classical education are the labels through which conservatives have counteracted woke education w/ their own extreme right version of history & hero worship. The US Dept. of Ed just announced them as official priorities for new charter school grants. 1/
edweek.org
How Trump’s School Priorities Will Shape New Ed. Dept. Grants
The Department of Education on Tuesday announced the priorities it will use to award competitive grants.
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Derek W. Black @derekwblack.bsky.social · 22/05/2025
And since the Dept. is going through the normal motions of public comment, I encourage you to make your voice heard in opposition. You can find instructions at the top of this notice: public-inspection.federalregister.gov/2025-09093.pdf
public-inspection.federalregister.gov
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Derek W. Black @derekwblack.bsky.social · 22/05/2025
It ought to go w/o saying that the US Department of Education has no business funding political ideology in public schools, but I say it anyway for posterity’s sake. And since the Dept. is going through the normal motions of public comment, I encourage you to make your voice heard in opposition. 2/
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Derek W. Black @derekwblack.bsky.social · 22/05/2025
Patriotic & classical education are the labels through which conservatives have counteracted woke education w/ their own extreme right version of history & hero worship. The US Dept. of Ed just announced them as official priorities for new charter school grants. 1/
edweek.org
How Trump’s School Priorities Will Shape New Ed. Dept. Grants
The Department of Education on Tuesday announced the priorities it will use to award competitive grants.
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Derek W. Black @derekwblack.bsky.social · 21/05/2025
AZ vouchers as a cautionary tale: $1 billion a year in private school tuition; 45% of the students receiving vouchers never attended public school; & a big chunk of the rest left A-rated schools. So much for helping needy students in struggling schools.
12news.com
12News I-Team finds Arizona's $1 billion voucher experiment hurting high-performing public districts and charter schools
Former Gov. Doug Ducey said the state's Empowerment Scholarship Accounts would pull kids out of failing schools—state records tell an entirely different story.
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Derek W. Black @derekwblack.bsky.social · 21/05/2025
AZ vouchers as a cautionary tale: $1 billion a year in private school tuition; 45% of the students receiving vouchers never attended public school; & a big chunk of the rest left A-rated schools. So much for helping needy students in struggling schools.
12news.com
12News I-Team finds Arizona's $1 billion voucher experiment hurting high-performing public districts and charter schools
Former Gov. Doug Ducey said the state's Empowerment Scholarship Accounts would pull kids out of failing schools—state records tell an entirely different story.
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Derek W. Black @derekwblack.bsky.social · 19/05/2025
Also telling that the Department does not explain its actual authority.
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Derek W. Black @derekwblack.bsky.social · 19/05/2025
Duly noted. Thank you. Certainly helps their case. At same time, unrestricted funding discretion would violate other constitutional principles. Congress can’t simply let the executive spend at will. I obviously need to read the CR to reach a definitive conclusion.
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Derek W. Black @derekwblack.bsky.social · 17/05/2025
As usual, I am confused by the Department of Education’s new policy. Says it will immediately spend $60 million additional on charter schools. But I am unaware of Congress ever having dumped money in a piggy bank that allows Ed to spend at will.
edweek.org
Education Department Adds $60 Million in Grants for Charter Schools
The department will free up the funding after it gained more spending leeway in a March budget bill.
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Derek W. Black @derekwblack.bsky.social · 17/05/2025
Absent such authority from Congress, this strikes me as clearly unconstitutional. The constitution reserves the power of the purse solely to Congress. Remember, the Court just recently struck down Biden spending money on student loans that Congress didn’t grant. 2/2
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Derek W. Black @derekwblack.bsky.social · 17/05/2025
Absent such authority from Congress, this strikes me as clearly unconstitutional. The constitution reserves the power of the purse solely to Congress. Remember, the Court just recently struck down Biden spending money on student loans that Congress didn’t grant. 2/2
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Derek W. Black @derekwblack.bsky.social · 17/05/2025
As usual, I am confused by the Department of Education’s new policy. Says it will immediately spend $60 million additional on charter schools. But I am unaware of Congress ever having dumped money in a piggy bank that allows Ed to spend at will.
edweek.org
Education Department Adds $60 Million in Grants for Charter Schools
The department will free up the funding after it gained more spending leeway in a March budget bill.
17706169
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Derek W. Black @derekwblack.bsky.social · 16/05/2025
Firing the attorneys at the Dept. of Ed Office for Civil Rights reversed Congress’s 50yr old decision that the right to be free from discrimination at school should not be a pay to play system. Nation Center for Youth Law is trying to fill the gap, but needs help.
the74million.org
Nonprofit Wants to Take on Civil Rights Cases Trump’s Ed Department Left Behind
Capitalizing on ‘brain drain’ caused by mass firings, the National Center for Youth Law is hiring former department attorneys to resolve complaints.
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Derek W. Black @derekwblack.bsky.social · 16/05/2025
Firing the attorneys at the Dept. of Ed Office for Civil Rights reversed Congress’s 50yr old decision that the right to be free from discrimination at school should not be a pay to play system. Nation Center for Youth Law is trying to fill the gap, but needs help.
the74million.org
Nonprofit Wants to Take on Civil Rights Cases Trump’s Ed Department Left Behind
Capitalizing on ‘brain drain’ caused by mass firings, the National Center for Youth Law is hiring former department attorneys to resolve complaints.
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Derek W. Black @derekwblack.bsky.social · 14/05/2025
It is not that I object to discussion of the issue. That would be authoritarian too. It is that they single this otherwise non-issue out to ensure it is discussed and in a particular way. It would be like mandating a discussion of the virtues of opium production in the US. 2/2
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Derek W. Black @derekwblack.bsky.social · 14/05/2025
The list of recent authoritarian behavior toward and in schools is long and astounding but this either takes the cake or ranks toward the top. Oklahoma’s new standards call for the teaching of "discrepancies" in the 2020 election results. 1/x
npr.org
Oklahoma education standards say students must identify 2020 election 'discrepancies'
New academic standards in Oklahoma call for the teaching of "discrepancies" in the 2020 election, continuing the spread of a false narrative years after it was first pushed by Trump and his allies.
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Derek W. Black @derekwblack.bsky.social · 13/05/2025
Against voters’ will, including rural republicans, party ideologues shoved private school vouchers down the throats of TX, TN, and more this spring. Now they are forcing vouchers on the entire country—even in states that are completely opposed—& bypassing the normal Senate process.
apnews.com
House Republicans propose $5 billion for private school vouchers
House Republicans want to set aside up to $5 billion a year for scholarships to help families send their children to private and religious schools, marking an unprecedented effort to use public money ...
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Derek W. Black @derekwblack.bsky.social · 13/05/2025
Against voters’ will, including rural republicans, party ideologues shoved private school vouchers down the throats of TX, TN, and more this spring. Now they are forcing vouchers on the entire country—even in states that are completely opposed—& bypassing the normal Senate process.
apnews.com
House Republicans propose $5 billion for private school vouchers
House Republicans want to set aside up to $5 billion a year for scholarships to help families send their children to private and religious schools, marking an unprecedented effort to use public money ...
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Derek W. Black @derekwblack.bsky.social · 12/05/2025
Despite the lowest reading scores in decades, “there are”—for the first time in my life—“no education goals for the country.” Not from Republicans. Not from Democrats. Just ideological destruction on one side & hope of salvaging what’s left on the other.
nytimes.com
Has America Given Up on Children’s Learning?
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Derek W. Black @derekwblack.bsky.social · 12/05/2025
Despite the lowest reading scores in decades, “there are”—for the first time in my life—“no education goals for the country.” Not from Republicans. Not from Democrats. Just ideological destruction on one side & hope of salvaging what’s left on the other.
nytimes.com
Has America Given Up on Children’s Learning?
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Derek W. Black @derekwblack.bsky.social · 09/05/2025
The founding fathers long urged Congress to fund a national university, but it took the Civil War and the rebirth of freedom to see it done. That University is Howard, named for the head of the Freedmen’s Bureau. Now you know. Trump proposes to cut its funding.
msnbc.com
Trump proposes funding cut for Howard University after vowing to protect HBCUs
Two days after the president said HBCUs had no reason to fear cuts, the White House sought to reduce Howard University’s budget by millions of dollars.
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Derek W. Black @derekwblack.bsky.social · 09/05/2025
The founding fathers long urged Congress to fund a national university, but it took the Civil War and the rebirth of freedom to see it done. That University is Howard, named for the head of the Freedmen’s Bureau. Now you know. Trump proposes to cut its funding.
msnbc.com
Trump proposes funding cut for Howard University after vowing to protect HBCUs
Two days after the president said HBCUs had no reason to fear cuts, the White House sought to reduce Howard University’s budget by millions of dollars.
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Derek W. Black @derekwblack.bsky.social · 07/05/2025
“There’s no ‘We don’t like you’ authority in the federal Constitution or in statutory law. In fact, quite the opposite: You’re precluded from that.” Nor can you go from “step one to step five” of a six month investigative process “in a week,” Derek Black said.
theatlantic.com
Trump Finally Drops the Anti-Semitism Pretext
The latest letter to Harvard makes clear that the administration’s goal is to punish liberal institutions for the crime of being liberal.
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Derek W. Black @derekwblack.bsky.social · 07/05/2025
“There’s no ‘We don’t like you’ authority in the federal Constitution or in statutory law. In fact, quite the opposite: You’re precluded from that.” Nor can you go from “step one to step five” of a six month investigative process “in a week,” Derek Black said.
theatlantic.com
Trump Finally Drops the Anti-Semitism Pretext
The latest letter to Harvard makes clear that the administration’s goal is to punish liberal institutions for the crime of being liberal.
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Kent Smith @kentsmith.bsky.social · 03/05/2025
This afternoon I got to hear from University of South Carolina law professor @derekwblack.bsky.social at the Cleveland City Club. Thanks to Professor Black for his devotion to history, the law, and the importance of American public education.
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Derek W. Black @derekwblack.bsky.social · 01/05/2025
This is the day every young voter should remember. For several years running, young people said they needed mental health counselors more than anything—while legislators fawned over vouchers. Washington finally listened in 2022. Trump just cut the program.
politico.com
Education Department cuts about $1B in federal school mental health grants
The department’s decision centers on funding meant to help train mental health professionals who could work in local schools.
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Derek W. Black @derekwblack.bsky.social · 01/05/2025
This is the day every young voter should remember. For several years running, young people said they needed mental health counselors more than anything—while legislators fawned over vouchers. Washington finally listened in 2022. Trump just cut the program.
politico.com
Education Department cuts about $1B in federal school mental health grants
The department’s decision centers on funding meant to help train mental health professionals who could work in local schools.
1710
Reposted by Derek W. Black
Derek W. Black @derekwblack.bsky.social · 30/04/2025
Most clarifying question in today’s Supreme Court argument in religious charter school case was whether a state that hired contractors to paint secular landscape murals on government buildings should be forced to allow someone to paint a religious mural instead. 1/x
cbsnews.com
Supreme Court weighs effort to create nation's first religious charter school
A ruling by the Supreme Court in favor of St. Isidore of Seville Catholic Virtual School would lead to the country's first religious charter school.
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