The decades-long honeymoon between Democrats and charter schools was too good to last.

Starting in the Reinventing Government era, Democrats like Bill Clinton and Barack Obama praised public charter schools for their innovations. Many “No Excuses” charters, in particular, succeed in teaching low-income African-American and Hispanic children when many traditional public schools fail, as decades of research demonstrate. //

But now, with Democrats going woke and a new president in town, the US Department of Education has declared war on charter schools, using obscure bureaucratic rulemaking to kill the federal charter-school program without having to explain why. //

The administration’s proposals clearly took months to prepare, and their publication not even 24 hours after the key funding vote cleared the Senate, and after important House and Senate votes gave charter supporters in both parties less clout to bargain for changes, was timed to get as little notice as possible.

The administration is also employing a truncated comment process. That may sound arcane, but here’s why it matters for democratic governance. In accord with the 1946 Administrative Procedures Act, to ensure transparency, proposed new regulations are published in the Federal Register, with lengthy public-comment periods before rules are finalized. This gives time for experts, interest groups and the public to offer input, making regulations both more legitimate and more realistic. //

For less-controversial proposals, a two-month public-comment process is the norm. Yet the Biden administration has allowed just one month for input on its proposed charter-school rules, from their publication March 11 to the closing of public comment April 13. For charter opponents, the fix is in, with devils in the details. //

As my own research shows, big charter networks such as the Knowledge Is Power Program schools have the lawyers and connections to survive more regulations, but regulations reduce the numbers of charters started by educators of color and disproportionately shutter schools that serve students of color. In practice, regulations purported to advance equity do exactly the opposite.