Religion, Vouchers And The Court

I was sitting at my desk Wednesday when the news alert came across my screen. The New York Times was reporting on the most recent decisions being handed down the Supreme Court.

I will comment on the truly offensive decision in Little Sisters of the Poor tomorrow. Today, I want to address the decision allowing religious schools to discriminate in employment.

Here’s the lede:

The Supreme Court ruled on Wednesday that federal employment discrimination laws do not apply to teachers whose duties include instruction in religion at schools run by churches.

The vote was 7 to 2, with Justices Ruth Bader Ginsburg and Sonia Sotomayor in dissent.

The court has been active in considering the relationship between church and state, generally siding with religious groups. It has ruled in recent years that a state must let a church participate in a government aid program, that a war memorial in the shape of a cross could remain on public property and that town boards may start their meetings with sectarian prayers. Last week, it said state programs that provide scholarships to students in private schools may not exclude religious schools.

The new cases considered another aspect of the church-and-state divide — what role the government can play in regulating religious institutions.

I have my reservations about several of these cases–not to mention my suspicions about the religious and ideological perspectives of the more conservative Justices–but I actually don’t disagree with this one.

What I do disagree with–strongly–is those “state programs that provide scholarships to students in private schools.”

I have written before about voucher programs. Not only have I blogged about them, but I’ve written academic articles explaining the multiple reasons these programs were ill-conceived to begin with, and  pointing out that–in addition to the substantial harms they have caused– they have failed to deliver the benefits they promised (they now have been functioning long enough to permit assessment).

They are also a scam. 

How wasteful/counterproductive is our state’s largesse to private (mostly religious) schools? Let me count the ways: the promised improvement in student achievement did not materialize; badly-needed funds are being diverted from the public schools that most Hoosier children still attend; taxpayers are subsidizing discrimination (schools getting millions of dollars are discharging teachers and counselors for the “sin” of being in same-sex marriages); and there are no requirements that recipients of vouchers teach civics.

In addition to all that, lack of oversight has facilitated a massive rip-off of Hoosier taxpayers. Doug Masson wrote a scathing summary of that problem last year after Chalkbeat reported on fraudulently inflated enrollment numbers at Indiana’s then-virtual schools.

Doug also succinctly summed up the actual motives of voucher supporters. The real impetus for voucher programs wasn’t the purported one: to allow poor children to escape failing schools. It was–and remains–threefold: to weaken teacher’s unions, subsidize religious institutions, and redirect public education money to cronies.

Also, a reminder: vouchers do not improve educational outcomes. I get so worked up about this because the traditional public school is an important part of what ties a community together — part of what turns a collection of individuals into a community. And community feels a little tough to come by these days. We shouldn’t be actively eroding it.

In Indiana, far from excluding religious schools from the nation’s largest voucher program, well over 90% of the schools receiving vouchers paid for by our tax dollars are religious. Some of those schools allow religious dogma to influence what they teach– creationism rather than science, for example– and a number discriminate against teachers and students on the basis of their theologies.

So here’s where I agree with the Court: if your church or mosque or synagogue wants to ensure the “purity” of your doctrine, fine. The Free Exercise Clause–as I read it, and as the Court has now read it–says okay. You don’t have to hire or retain employees who violate your religious tenets.

But as I read the Establishment Clause, your religious institution doesn’t get to do those things with my tax dollars.

So the Catholic Archdiocese gets to exclude trans kids from Catholic schools, and fire excellent teachers and counselors for the “sin” of same-sex marriage. Fine–but not with my tax dollars.

The case that was wrongly decided was Zelman versus Simmons-Harris. In that intellectually dishonest 2002 ruling, the Court pretended that the tax dollars going to vouchers were really being paid to parents, who would then exercise “independent choice.” That has never been the case.

There is now a substantial body of research confirming that vouchers are bleeding resources from our public schools (without improving student performance), eroding civic identity, benefitting religions in violation of the Establishment Clause, and– as a bonus– crippling teacher’s unions.

I’m all for letting churches and religious schools practice what they preach. However, I am adamantly opposed to having taxpayers foot the bill.

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The Vouchers Scam

A recent state report and a blistering–and entirely correct–blog post from Doug Masson pretty much destroy the myth that Indiana’s school vouchers do anything for poor children, or were really intended for use by children “trapped” in failing schools.

The 2018-19 voucher report from Indiana’s Department of Education includes the information that there are over 1,300 households receiving vouchers that have incomes over $100,000. That means those households are in the top twenty percent of Hoosiers by income.

It’s impossible to read the report without concluding that Indiana’s voucher program was purposely constructed to evade the constitutional prohibition against government support for religion–designed to allow taxpayer dollars to be diverted from the state’s public schools and used to promote religious education. (Nearly all of the participating private schools are religious.)

Indiana’s voucher program costs taxpayers $161.4 million and disproportionately serves white children, many of whom are clearly not “escaping failing schools” because–despite lawmakers’ original promises– they never attended public school.

As Doug Masson wrote, after reading the report:

This reinforces my view that the real intention of voucher supporters was and is: 1) hurt teacher’s unions; 2) subsidize religious education; and 3) redirect public education money to friends and well-wishers of voucher supporters. Also, a reminder: vouchers do not improve educational outcomes. I get so worked up about this because the traditional public school is an important part of what ties a community together — part of what turns a collection of individuals into a community. And community feels a little tough to come by these days. We shouldn’t be actively eroding it.

Vouchers have now been around long enough to allow for a fair amount of academic research, and–as Doug points out–that research has pretty thoroughly rebutted the assumption that sending children to private religious schools would lead to improvement in classroom performance. At best, students post academic results that are the same as those of their peers who attend public schools, and in several studies, academic outcomes were actually worse.

What vouchers have done successfully is re-segregate student bodies, and there is some emerging evidence that avoiding racial integration was the real motive for a number of proponents. For others–notably, former Indiana Governor Mike Pence and Secretary of Education Betsy DeVos–the voucher program was a way to prop up the declining finances of Christian religious schools.

If they could also destroy the teachers’ unions, well, that was just icing on the cake.

For those looking to avoid integration or working to “bring children to Jesus” with our tax dollars, the rhetoric about giving poor families “choice” was a marketing ploy. (I do think it is interesting that conservatives who are such rabid proponents of individual choice when it comes to schooling and health care are so horrified at the prospect that pregnant women might also want to exercise it…)

The Department of Education’s report should be a wake-up call for Indiana’s lawmakers, but then, this is gerrymandered Indiana, where rural voters call the shots….and those elected to safe seats in the General Assembly feel free to prioritize their ideologies over the will of the voters.

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Taxes and Religion

Last week, the Indianapolis Star did something called “journalism.” (These episodes have become sufficiently rare that we should applaud loudly when they occur. I’m clapping.)

Snark aside, the Star followed the money, in this case, our tax dollars, which are flowing ever more generously to Indiana’s parochial schools. And as the introductory paragraphs made clear, these are schools that take both their religious identity and religious instruction seriously.

At Colonial Christian, an Indianapolis school on the northeast side that receives public funds through Indiana’s private school voucher program, students are warned they can be kicked out of school for “promoting a homosexual lifestyle or alternative gender identity.”

At even more voucher-accepting schools, families are required to sign statements of faith as a condition of enrollment, affirming that they hold the same religious beliefs and values as the school.

Theology classes are required for four years at Bishop Chatard High School, as are hours performing service and outreach. And some schools, including Bethesda Christian in Brownsburg, require a recommendation by a pastor.

There is absolutely nothing wrong with having religiously-based private education available to parents who want their children educated in such environments. Whether that education should be paid for with tax dollars, however, is a different question.

The U.S. Supreme Court ruled several years ago that voucher programs could  pass constitutional muster, despite the Establishment Clause, because the voucher (theoretically) was issued to the parents, and those parents could (again, theoretically) choose either a secular or religious school.

When Indiana’s Supreme Court was faced with specific language in the state constitution that seemed to foreclose the federal evasion, Indiana’s Court nevertheless opted to follow the same “logic.” (So much for “originalism” and “textual” analysis, which–had either of those purported judicial approaches actually been applied–would have required a different outcome.)

The Star’s article on religious schools’ participation in the state’s voucher program was the fourth in a series on Indiana’s voucher program, a program that was “grown” by former Governor Pence to be the largest in the country. Pence–like Betsy DeVos– was clear about his intent to privilege religious education, and neither of them seems troubled by the constant stream of research showing that children using vouchers do more poorly in English and math than children from similar backgrounds who attend public schools.

In Zelman v. Simmons-Harris, the 5-to-4 Supreme Court decision upholding the constitutionality of vouchers, the majority indulged in an abstract–and intellectually dishonest– exercise: the pretense that the voucher went to the parents (it is my understanding that, while the parents choose the ultimate recipient, they never touch the money), and –far more consequently–that the parents are free to choose from among religious or secular private schools. The “facts on the ground” are otherwise; almost all of the nonpublic schools accepting vouchers are religious, and those that are not tend to be geared to special populations: children with disabilities or behavioral issues or the like.

Let’s be honest, at least. Vouchers are support for religious education, and the quotations from parents in the Star article underscore the reality that most parents opting for vouchers do so because they want to send their children to a religious school.

So–back to my original question: why should taxpayers who believe in science and the importance of science education pay for children to attend schools that teach creationism (one of the administrators interviewed insisted that opposition to the “theory” of evolution was essential to his school’s approach)? Why should taxes paid by LGBTQ citizens and their allies be used to send children to schools that proselytize against “homosexual lifestyles”? Why should tax dollars be diverted from a public school system that serves all children and sent to schools that are unaccountable to those taxpayers and that research tells us are not providing an equivalent education?

I remain convinced that the Court in Zelman got it wrong–on both the law and the facts. But even if vouchers are constitutionally acceptable, they fail any reasonable test for what constitutes good public policy. If Americans want to promote alternative educational approaches and parental choice, there are ways to do that within the public system; charter schools, for example, are still public schools, with (among other things) an obligation to teach science and abide by the Bill of Rights.

The Star has illustrated what many educators already know: Indiana’s voucher program is an effort to circumvent the Establishment Clause’s prohibition on government funding for religion.

Educational outcomes are incidental.

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Your Tax Dollars at Work

One hundred and sixteen million dollars. That’s the amount that Education Week reports will be made available this year to Indiana’s voucher schools. Needless to say, that’s also the amount that will be taken away from Indiana’s public schools.

Two new reports detail the exponential growth of the state’s school voucher program: One is the annual report issued by the Indiana Department of Education, the other comes from the Center for Evaluation and Education Policy, which is based out of Indiana University’s School of Education.

The article notes that Indiana has been steadily expanding its voucher program since it was first created in 2011.

Recent changes include raising the threshold on income eligibility, lifting the participation cap on the program, and opening the program up to students who were already enrolled in private schools. For example, the legislature passed a bill in 2013 making students zoned to schools graded “F” in the state’s accountability system eligible for vouchers even if they had never attended their local public school.

For the current school year, fewer than 50 percent of students in the voucher program had previously attended a public school. In other words, we taxpayers have generously taken over the cost of private schooling for  parents who had previously been footing their own bills. At the same time that our public schools–especially in urban areas–are being starved of resources.

Voucher programs in Indiana and Ohio have some of the least restrictive income-eligibility requirements in the country.

And I’m sure it’s just a coincidence in our “buckle of the bible belt” state, but 94% of the schools participating in the voucher program are religious schools.

Honest to Goodness. Indiana.

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