Tag Archives: school vouchers

Indiana’s School Voucher Program–The Back Story

Toward the end of yesterday’s post about high-stakes testing, I noted that its largest-in-the-nation voucher program illustrated Indiana’s penchant for simple answers to complicated questions.

I have friends who sincerely believe that “school choice” will help poor children escape failing public schools, and none of the careful academic research that documents voucher schools’ generally poor academic results convinces them otherwise. “Private” is a word like “shazam!”– magically opening imaginary doors.

Critics of Indiana’s voucher program tend to place the most blame on Mike Pence, but a recent series of articles identifies Mitch Daniels as the political brains behind Indiana’s program. Pence certainly expanded it–and engineered amendments to ensure that religious schools, rather than other private institutions, would be the major beneficiaries. (In Indiana, some 92% of vouchers are used to attend religious schools, virtually all Christian and a sizable number fundamentalist.)

No one who knows Mike Pence, however, would describe him as the brains of any operation. That accolade belongs to Mitch Daniels.

After noting that five years after the program was established, more than half of the state’s voucher recipients had never attended Indiana public schools–failing or not–and that Hoosier taxpayers are now covering private and religious school tuition for children whose parents had previously footed that bill, the author proceeded to describe the voucher program as an outgrowth of a conversation at a dinner party hosted by Steve Hilbert, at which Daniels is quoted as saying “There is no reason even debating the abysmal, atrocious failure of the public school monopoly anymore.”

In the years that followed, three of those dinner guests — Daniels, Pence and Klipsch — would be major players in the quest to privatize traditional public education in Indiana.

Klipsch would start and run a political action committee, Hoosiers for Economic Growth (a.k.a. Hoosiers for Quality Education), that would play a major role in creating a Republican majority in the Indiana House to redistrict the state to assure future Republican control.

In 1996, however, there were no charter schools in Indiana, nor were there virtual schools or vouchers. Neighborhood public schools served communities in a state that had always taken a “liberal and leading role” in providing public education for its children.

Twenty-one years later, Hoosier public schools were showing the effects of 15 years of what the article characterizes as “relentless attack.”

Entire public school systems in Indiana cities, such as Muncie and Gary, had been decimated by funding losses, even as a hodgepodge of ineffective charter and voucher schools sprang up to replace them. Charter school closings and scandals were commonplace, with failing charters sometimes flipped into failing voucher schools. Many of the great public high schools of Indianapolis were closed from a constant churn of reform directed by a “mindtrust” infatuated with portfolio management of school systems.

The author traced the decline to Daniels.

After his election, Daniels quickly laid the groundwork for creating a system based on the belief that the market principle of competition would improve education outcomes and drive down costs. Under the guise of property tax reform, Daniels seized control of school funding by legislating that the state would pay the largest share of district costs known as the general fund, while giving localities the responsibility for paying for debt service, capital projects, transportation and bus replacement. Daniels and the legislature also made sure that districts would be hamstrung in raising their local share by capping property taxes so that they could not exceed 1 percent of a home’s assessed value. The poorer the town, the less money the district could raise.

The remainder of the lengthy article traces the changes to Indiana education made by Daniels and Tony Bennett, his chosen Superintendent of Public Instruction–changes funded by Betsy DeVos’s foundation. I encourage you to click through and read the article in its entirety. And weep.

My only quibble is with the author’s obvious belief that Daniels’ assault on public education was motivated by a malevolent intent to privatize the state’s schools. Unlike Pence, Mitch Daniels is a highly intelligent man. He is also thoroughly political and ideological. My guess is that he drank deeply from the well of GOP dogma, and believes–with an almost religious fervor, evidence be damned– that the private sector is always superior to the public sector. (Why so many people who clearly believe this nevertheless spend their professional lives in the public sector is an enduring mystery.)

So here we are. Vouchers have increased religious and racial segregation without improving academic performance. Meanwhile, public schools are struggling to perform without adequate resources, and the state’s underpaid teachers are leaving in droves.

Did Indiana’s schools need improvement? Absolutely. Were vouchers an appropriate or effective remedy? Absolutely not.

That’s what happens when ideology trumps evidence.

 

Vouchers, Education and Democracy

I was recently asked to write the entry on school vouchers for publication in the upcoming Encyclopedia of Public Administration. Here it is.  (Warning: it’s longer than my usual posts.)

Introduction. School voucher proposals gained traction in the late 1980s as part of a broader movement to privatize services previously delivered by government through its employees. Unlike the privatization program undertaken by Margaret Thatcher in England, in which public enterprises were sold off to the private sector, relieving government of further responsibility for their operation, in the United States privatization referred to the practice of contracting out delivery of government’s programmatic responsibilities to for-profit or non-profit third-party surrogates. Enthusiasm for this method of public service delivery led to a significant expansion of such practices, generating mixed results depending upon the service involved and the adequacy of government oversight. Voucher programs allowing parents to enroll their children in participating private schools of their choice, and to pay the tuition in full or in part with a government-issued voucher, have become one of the more contentious elements of the larger privatization agenda.

Enthusiasm for a market-based approach to schooling received impetus from a 1990 study by John Chubb and Terry Moe, Politics, Markets and America’s Schools.  Although several researchers subsequently challenged the data and methodology used in that study, which painted a grim picture of America’s schools, fewer critics initially took issue with their definition of “effective schooling,” which was to be measured against academic criteria only. For Chubb and Moe and those who agreed with their prescription for school privatization, the mission of the schools was limited to imparting competency in the math, science and language skills deemed crucial to economic self-sufficiency and America’s ability to succeed in the global marketplace. Only later did criticism of that premise become a major point of controversy between proponents and opponents of school vouchers.

Philosophy and Partisanship. At its intractable extremes, the school voucher debate is a conflict between two long-standing elements of the American political tradition: the commitment to personal choice and individual freedom, on the one hand, and an equally compelling belief in the importance of a common civic infrastructure and collective interests on the other. Debate over vouchers has become so contentious in large measure because it reflects the tension between these largely incompatible political priorities.

Rather than debating whether public schools are as deficient as some have portrayed them, and if so, in what respects, or debating the merits of one reform measure over another, the policy issue has become whether America should continue to support a system of free, publicly-controlled schools or whether government’s educational role should be reduced to that of funder, enabling families to use a specified number of taxpayer dollars to buy educational services in the marketplace.

Initial support for school vouchers came from several interest groups: Catholics desiring financial support for their parochial schools; political libertarians opposed to government control of education on ideological grounds; business interests concerned about public schools’ ability to produce a skilled workforce; and the Christian Right, which had advocated for Protestant prayer and religious instruction in the public schools and had been rebuffed by the Supreme Court in a series of cases begining in 1962, when Engel v. Vitale struck down the practice of official prayer in public school classrooms. These constituencies were, and are, largely aligned with the Republican Party, while the most reliably anti-voucher interest groups— public educators, especially teachers’ unions; the African-American community; and civil libertarians—represent important Democratic constituencies. Voucher programs have thus become a partisan issue. (Kennedy 2001) The political dimension of the voucher debate has been underscored by the very active role taken by the American Legislative Exchange Council (ALEC), a corporate lobbying organization that supports voucher programs. ALEC’s education task forces are funded primarily by libertarian interests, including the Charles Koch Foundation, the DeVos Foundation, and the Friedman Foundation. (Shaffer, Ellis & Swensson 2018)

Voucher proponents argue that competition in education leads to better schools at less cost. They point to test results showing that student achievement in private schools has historically been superior to the performance of students attending public schools. Opponents respond that much of the research purporting to compare public and private school outcomes fails to control for major differences in student body composition, including but not limited to parental socio-economic status and educational motivation.

Opponents and even supportive academics also warn of potentially damaging social consequences. John Witte, an educational researcher who evaluated and supported one of the earliest voucher programs, a 1990 experiment in Milwaukee, nevertheless noted that the program led to more segregation in the schools than otherwise would have been the case. (Witte 2000) Other researchers have worried about religious balkanization, since an estimated 80% of the private schools participating in voucher programs are religious. Still others have expressed concern that voucher programs largely abandon the civic mission of the schools. (Covaleskie 2007)

Legal issues. As voucher programs grew, opponents raised both First Amendment and state constitutional concerns, arguing that the use of public funds to pay tuition at religious schools violated both the First Amendment’s Establishment Clause and state-level prohibitions known as “Blaine Amendments.” The Supreme Court considered the First Amendment arguments in 2002, in Zelman v. Simmons-Harris. That case challenged an Ohio voucher program that affected only the Cleveland City School District. In 1999 and 2000, 82% of the schools participating in the Cleveland program were religiously affiliated, and 96% of the students using the vouchers were enrolled in one of those religious schools. Both the District Court and the Court of Appeals ruled for the parents who were challenging the program; however, the Supreme Court reversed. The Court accepted the defense’s argument that the vouchers were payments to the parents, whose choice of religious schools was made freely and voluntarily, and that as a result, the vouchers could not properly be characterized as tax support for the religious schools. Since the choice of school was made by the parents, and the program’s goal of allowing low-income children to escape a failing school system was secular, the Court held that the voucher program did not run afoul of the Establishment Clause.

State courts have largely adopted the logic of the Zelman decision, allowing voucher programs to operate despite state constitutional provisions forbidding the payment of state tax dollars to religious institutions. These provisions, commonly called “Blaine Amendments,” were named for Congressman James Blaine, who sponsored a federal constitutional amendment in 1875 that would have forbidden public funding of religious schools. Blaine’s amendment was seen as an effort to prevent government from supporting the Catholic schools that had originally been established in response to Protestant bible-reading in public school classrooms.  Blaine’s effort at a federal amendment failed, but thirty-eight states subsequently added such provisions to their state constitutions. In sixteen states where Blaine Amendments seemed likely to preclude judicial approval of voucher programs, so-called “neo-vouchers” have used tax credits to circumvent the problem; the subsidies have been deemed “tax reductions” rather than direct spending. Arizona is the most prominent state employing this tactic; its Supreme Court upheld the state’s “tax credit scholarships” in 1998. In two states, Massachusetts and Michigan, both vouchers and neo-vouchers have been held to violate those states’ constitutions. (Davis 2016)

Performance. Recent research on statewide voucher programs in Louisiana and Indiana has cast doubt on the educational benefits promised by voucher proponents. (Dynarski & Nichols 2017) Public school students who received vouchers to attend private schools subsequently scored more poorly on reading and math tests when compared to similar students who remained in public schools. The magnitudes of the negative impacts were large, and the results could not be explained by the particular tests that were used or the possibility that students receiving vouchers had transferred out of above-average public schools. According to a Brookings Institute overview of available research, a Louisiana public school student who was average in math (at the 50th percentile) and began attending a private school using a voucher declined to the 34th percentile after one year. Students in third, fourth, or fifth grades had a steeper decline, to the 26th percentile. A student at the 50th percentile in reading declined to about the 46th percentile. In Indiana, a student who had entered a private school with a math score at the 50th percentile declined to the 44th percentile after one year. Earlier studies of voucher programs had shown more mixed results when measured by test scores, with scores improving for some students in some places, and failing to improve for other students in other places.

In January, 2018, The Wall Street Journal analyzed data on Milwaukee’s program, the nation’s oldest, and found that the city’s 29,000 voucher students, “on average, have performed about the same as their peers in public schools on state exams.”

A variety of explanations have been offered for the continued lack of evidence that vouchers improve student performance. Among the theories: Public schools have improved more than private ones since the early 1990s; business interests, often lacking background in education, have established schools they are ill-equipped to run; before vouchers, private school classrooms were occupied by children from more privileged backgrounds, and test scores tend to correlate highly with parental income. To date, no consensus has formed around any of these explanations.

Indiana’s results are particularly concerning, because the state has the nation’s largest, and arguably least restrictive, voucher program. Initial enrollment caps have been abandoned, as has the rule that children would not be eligible for a voucher unless they’d attended a public school for at least one year. (The initial justification for vouchers was to allow poor children to leave failing public schools.) The program is no longer limited to poor children; recent research suggests that nearly a third of Indiana’s voucher families could afford private school tuition without state subsidies. (Shaffer, Ellis & Swensson 2018)

Civic Dimension. If communities are created and sustained by the things we have in common, by mutual engagements that build social capital, it is particularly important to consider how overarching values and civic commitments are transmitted, supported and reinforced in a society as heterodox as that of the United States. The public schools have traditionally been seen as important to the forging of social solidarity, and have long been regarded as a public good. The public schools play a major role in introducing students who come from increasingly diverse backgrounds to each other and to America’s civic aspirations. To date, there are no research studies comparing public and private school performance in transmitting civic knowledge or success in encouraging civic behaviors.

Voucher proponents will generally not dispute the classification of education as a public good and except for the most ideological libertarians among them, do support a role for the state: the role of funder. Where they differ from proponents of a strong public education system is on the identity of the provider of educational services. Privatization proponents argue that the market can and should provide the education services and that government should enable individual families to purchase them. On the theoretical level, the voucher debate is one more instance of the tension between the libertarian belief in the efficacy of markets and the primacy of individual choice, and the more communitarian preference for mechanisms that encourage social cohesion.

Funding and Oversight. Education in the United States is a function specifically assigned to the states, and funding for public education has consistently been a major state-level budget item. Given state educational systems’ dependence upon the fiscal health and tax revenues of their home states, school funding and institutional quality across the country has been uneven. Voucher programs must be funded out of those same state budgets, and opponents of those programs charge that they are siphoning off funds desperately needed by the public schools. In Indiana, the state with the country’s largest voucher program, state support for vouchers in 2016-17 totaled 146.1 million dollars; between 2011 and 2017, the state spent 520 million dollars. Public school administrators assert that these are funds that would otherwise have gone to the state’s public schools, while advocates for voucher programs insist that the programs actually save the state money.

The fiscal impact of vouchers, and the veracity of the dueling claims, is difficult to assess for several reasons. Differences in the way in which states construct their programs means that impacts vary from state to state. Voucher proponents’ claim that vouchers save taxpayers money is based upon the fact that most vouchers are issued for amounts that are less than the per pupil cost of educating a child in the state’s public schools. Since the money that follows the child is less than the cost incurred by the public system to educate that child, the public school retains the difference. That claim, however, overlooks two reasons why such savings are more theoretical than real: first, a growing number of students enrolled in voucher programs were never in the public system. Second, there is not a one-to-one reduction of public school expense when a student leaves. For example, if one or two students leave a class of 25, the school system must still provide a teacher, a classroom and supplies for the 23 who remain. The school system must continue to maintain its facilities and pay sufficient personnel to conduct necessary administrative functions. It is only when large numbers of children take vouchers and depart that school districts can realize savings by closing buildings, consolidating classes and firing teachers. Thus far, there has been little to no credible research on the actual fiscal effects of the various iterations of voucher and neo-voucher programs on public school systems.

This lack of research is at least partially due to a lack of data. Oversight of voucher programs by most states has been minimal. Despite the large amounts of money involved, private schools accepting vouchers have not generally been subject to reporting requirements, either curricular or fiscal. In Louisiana, independent reporting found many religious schools teaching creationism in science class and using grossly inaccurate, religiously proselytizing texts in history. In Ohio, a 1999 investigation by the Akron Beacon Journal found school choice legislation had been developed as a quid pro quo for campaign contributions and documented improper political behavior by a local businessman who then established private schools specifically to take advantage of the opportunity created by the legislation. His schools generated 16 million dollars from vouchers in the 1999-2000 academic year; the students who attended his schools were subsequently found to perform more poorly than those in the public schools. In Florida, the Miami News Times won an award for its expose of a voucher program for children with physical and learning disabilities; the paper reported safety violations, physical abuse, frequent relocations, a lack of curriculum, and virtually no state oversight.

Conclusion. The combination of cutbacks to public schools, reports of malfeasance by voucher schools, and the emergence of data undercutting the claim that privatization would improve student performance has dampened much of the initial enthusiasm for school vouchers; however, the programs still have substantial political support. It remains to be seen whether that support can be maintained, and whether private schools accepting vouchers can improve their results sufficiently to justify continuation of these educational experiments.

 

References

 Covaleskie, J.F. 2007. “What Public? Whose Schools?” Educational Studies. Vol.42, #1.

Davis, Carl. 2016. “State Tax Subsidies for Private K-12 Education.” Institute on Taxation & Economic Policy. October.

Dynarski, Mark and Austin Nichols. 2017. “More findings about school vouchers and test scores, and they are still negative.” Economic Studies at Brookings: Evidence Speaks Reports. Vol. 2, #18, July 13.

Kennedy, Sheila Suess. 2001. “Privatizing Education: The Politics of Vouchers.” Phi Delta Kappan. Vol. 82, Number 6. February.

Shaffer, Michael B., John G. Ellis and Jeff Swensson. 2018. “Hoosier Lawmaker? Vouchers, ALEC Legislative Puppets, and Indiana’s Abdication of Democracy”  AASA Journal of Scholarship and Practice. Vol. 14, No. 4 Winter

 

 

 

 

 

 

 

 

 

 

Voucher Programs and the Constitutional Ethic

with Cullen Merritt

ABSTRACT

America’s public schools have not been exempt from the enthusiasm for “privatization” and contracting-out that has characterized government innovations over at least the past quarter century. A number of the issues raised by school voucher programs and to a lesser extent charter schools mirror the management and efficacy questions raised by privatization generally; however, because public education is often said to be “constitutive of the public,” using tax dollars to send the nation’s children to private schools implicates the distinctive role of public education in a democratic society in ways that more traditional contracting arrangements do not. We explore the unique role of primary and secondary public schools in forging a broad consensus about the nature and importance of America’s constitutional ethic, and growing concerns that vouchers, in particular, are failing to address, let alone facilitate, an ethic of citizenship.

INTRODUCTION

Concerns about failing schools, especially in America’s poor urban neighborhoods, have triggered a number of reform efforts, including voucher programs in which government agencies issue certificates to parents who use them to enroll their children in a participating school of the parent’s choice. Schools are paid a predetermined amount for each voucher received (Levin 2001). The vouchers are used at private schools, the majority of which are religiously affiliated. In most programs, vouchers are awarded through a lottery system, in which eligible students—usually but not always determined on the basis of socioeconomic status—are pooled and recipients are chosen at random (Peterson et al. 1998).

Proponents argue that vouchers create a market-based educational system in which schools must compete for students, a process they believe incentivizes innovation and positive academic outcomes. (Levin and Belfield 2005). That belief is based upon economic models of supply and demand in which markets have been shown to benefit consumers; it ignores, however, both the civic mission of public education and the other ways in which education differs from ordinary consumer goods.

Voucher programs have generated acrimonious policy debates as well as a number of lawsuits. The debates are largely between those who believe that education is basically another variety of consumer good, in this case a set of skills preparing young people to enter the job market, and those who argue that education is also an important public good (Carnoy et al. 2003), and that private schools, particularly religious ones, are ill-equipped to fulfill education’s public mission.

TRANSMITTING THE CONSTITUTIONAL ETHIC

The civic mission of public schools includes, at a minimum, the teaching of America’s history and the transmittal of the country’s core constitutional values. Those values guide appropriate individual participation in a democratic polity; even more importantly, a sound and accurate civics education provides students with an understanding of the genesis and evolution of the rules that shape and constrain public service in the United States, and provide a standard against which to measure the performance of public officials and the bona fides of those who ask for their votes.  At its best, civics education transmits the philosophical premises which undergird the Constitution and the Bill of Rights, premises which require allegiance to a particular code of conduct for citizens and public servants alike. That code defines the public good as essentially secular and rights-driven, and situates public service in a world that is increasingly multi-sectoral, multi-cultural, and international in scope.  (Kennedy & Schultz, 2010) The public mission of the schools thus requires them to teach students about this country’s approach to and experience with the principles of democratic self-governance–what Kennedy and Schultz have called the Constitutional Ethic.

The politics of liberal democracies is the politics of faction, as Madison clearly understood. Individuals have economic interests, social goals, and political and religious beliefs that are affected by public policies and that motivate political behavior. When they lack a common understanding of the philosophical underpinnings of America’s approach to governance and fail to form an ethical commitment to those common undertakings, a diverse polity inevitably fragments into tribal components contending for power and influence.  One of the concerns voiced by voucher program opponents is the participation in such programs of religious schools grounded in a wide variety of beliefs that conflict with important constitutional principles. Many of these schools teach students that the First Amendment does not require separation of church and state, and that biblical commands (for example, that women should be submissive and homosexual citizens shunned) take precedence in the public arena over jurisprudence confirming the constitutionality of very different civic imperatives. Opponents of voucher programs also point out that the racial segregation that has re-emerged as a result of some voucher programs (Witte 2000) is both socially undesirable and violative of America’s Constitutional Ethic.

During the 2013-14 academic year, ten percent of students in grades K-12 attended private schools, and those private schools comprised twenty-five percent of all schools within the United States (U.S. Dept. of Education). Just under eleven percent of these private schools, however, are nonsectarian; the remainder are religious. Catholic schools account for just over fifty-four percent of the nation’s parochial schools (U.S. Dep’t of Education). A growing but indeterminate number are fundamentalist Protestant schools that are reportedly teaching creationism, asserting a Christian biblical foundation for the U.S. Constitution, portraying evolution as an evil doctrine and using textbooks published by religious organizations that scholars criticize as wildly inaccurate. (https://www.sheilakennedy.net/2017/10/footing-the-bill-for-proselytizing/) In most voucher programs, parents can choose to enroll their children in any of them.

Challenges to the constitutionality of providing government funding to religious schools were resolved, albeit not without criticism from legal scholars, when the Supreme Court decided Zellman v. Simmons-Harris in 2002. Then- Chief Justice Rehnquist wrote that financial assistance via vouchers should not be considered a subsidy to religious schools, because the voucher is provided to individuals, allowing them to “exercise genuine choice among options public and private, secular and religious,” (Zelman v. Simmons-Harris, 536 U.S. 639 (2002), 663). According to Rehnquist, the fiction that the vouchers go to the parents (in most states, the parent chooses the school to which the voucher is sent, but is never actually given possession of the voucher) “the circuit between government and religion was broken, and the Establishment clause was not implicated.” Similar reasoning has doomed challenges brought under state laws prohibiting the use of public funds for parochial or other religious institutions. See e.g., Anderson v. Town of Durham, 2006; Meredith v. Pence, 984 N.E.2d 1213 (Ind. 2013), 1217).

Research studies evaluating outcomes of the various voucher programs now in effect have focused upon academic achievement, the consequences of diverting education funds from public schools in order to support private and religious ones, and a variety of social equity issues including the racial and socio-economic identitites of voucher recipients. (CITATIONS) There has been little to no research investigating the impact of voucher programs on civic knowledge and cohesion, or any effort to measure their effect on the transmittal of the constitutional ethic.

 

A MODEST PROPOSAL

Given existing case law, it is unlikely that voucher programs will be ruled unconstitutional or otherwise illegal, and despite the growing number of negative evaluations of their academic outcomes, such programs continue to enjoy considerable political support. Assuming that private and religious schools will continue educating approximately ten percent of the American school-age population for the foreseeable future, lawmakers should, at a minimum, condition receipt of government funding on the schools’ obligation to fulfill the civic mission we expect public schools to fulfill. At present, however, there is no generally accepted understanding of the nature or importance of that civic mission, and no standards or procedures for assessing whether individual schools are creating knowledgable, responsible American citizens familiar with and prepared to observe the constitutional ethic.

In the following two sections, we supplement our definition of the Constitutional Ethic and suggest how government might ensure compliance with a requirement that it be taught.

The Constitutional Ethic

The U.S. Constitution is the basis of America’s legal system and civic culture; as it has operated over the years, it has shaped a distinctive value system, a framework within which Americans make public policy and operate our common institutions. Elected and appointed officials take an oath to uphold that constitutional system, an oath that implicitly obliges them to understand its most basic and important characteristics. Both citizens and policymakers need to know not just that the U.S. has a government of checks and balances, but why the system was constructed that way.

At its most basic, adherence to the Constitutional Ethic requires that American citizens, especially but not exclusively public officials and others in positions of authority, act in ways that are consistent with the basic premises of the country’s governing systems, and avoid acting in ways that would undermine them. For example, respect for due process   guarantees would seem to rule out drone strikes on persons–especially but not exclusively Americans–who have not been afforded legal process to determine guilt or innocence. Respect for government’s obligation to treat citizens equally would seem to rule out efforts to marginalize members of minorities, or refuse them access to the institutional benefits enjoyed by other citizens. Respect for the right to vote, one of American citizens’ most fundamental rights, imposes an ethical obligation to refrain from vote suppression tactics or other partisan “dirty tricks.” Respect for the principle of free speech, protected by the First Amendment, imposes an ethical obligation to refrain from attempts to censor ideas of which some people disapprove.

Maintaining the integrity of a constitutional system requires broad citizenship education and civic participation consistent with the values of that system. As Keith Whittington has argued, leaving constitutional compliance to the courts is both empirically and normatively problematic. (Whittington, The Good Society pg. 60) Constitutional rules give rise to conventions, norms and customs that should guide American political behavior. As Vartan Gregorian, President of the Carnegie Foundation has written, increasing young people’s “informed engagement” in our national life requires school-based civic education. “After all, understanding and actively participating in our civic life was one of the principal missions given to American schools from the very beginning.” (https://www.carnegie.org/media/filer_public/85/8b/858b7e5d-c538-42e2-ae78-24471dce73d7/ccny_creview_2011_civic.pdf )

Regulatory and Monitoring Proposals

The nature and extent of state oversight is a key, and often contentious, consideration when states enact voucher programs.  Typically, private schools participating in voucher programs must comply with regulations regarding health and safety, but requirements for compliance with other standards, such as teaching certification, curriculum, accreditation, anti-discrimination and civil rights laws, number of school days, and recordkeeping and reporting vary by state.  No voucher program of which we are aware imposes standards for civics education on participating schools. Because the civic mission of the nation’s schools is so fundamental to the continued operation of American democratic institutions, we propose that inclusion of a robust civics education curriculum be a condition of voucher program participation.

Ideally, private schools accepting vouchers would integrate curriculum content from the We the People: The Citizen and the Constitution Program within their curricula.  Developed in 1987, the We the People education program is administered by the Center for Civic Education, a nonprofit, nonpartisan education program; it was adopted by the Commission on the Bicentennial of the United States Constitution as the principal education program of the federal Constitution’s bicentennial.  The curriculum promotes civic competence and responsibility among elementary, middle, and high school students through “an innovative course of instruction in the history and principles of the U.S. constitutional democracy.”  Through the curriculum, students gain insight into (1) the philosophical and historical foundation of the American political system, (2) how the framers created the Constitution, (3) how the Constitution has evolved to further the ideals contained in the Declaration of Independence, (4) how the values and principles embodied in the Constitution shaped American institutions and practices, (5) the rights protected by the Bill of Rights, and (6) the challenges the American constitutional democracy may face in the twenty-first century.

Multiple studies have found that students who have participated in the We the People program score significantly higher on tests of civic knowledge compared to their peers, especially in the areas of understanding and respect for the rule of law, political attentiveness, civic duty, community involvement, and commitment to government service, among others (e.g., Leming 1996; Owen and Schroeder 2017; Owen Schroeder, and Riddle 2016; Owen 2015a; Owen 2015b).  Participating voucher schools in states electing not to adopt the We the People curriculum would be allowed to develop their own civics education curricula, or to select another existing program, subject to evaluation and approval by the state’s board of education.

It is one thing to require that schools participating in state voucher programs provide adequate and accurate civics education, assuming that such a requirement is  politically feasible. Ensuring that the schools comply with that requirement is another, especially since many states have exhibited a startling laxity in monitoring compliance even with basic health and safety requirements. http://www.orlandosentinel.com/features/education/os-florida-school-voucher-investigation-1018-htmlstory.html

At a minimum, private schools participating in voucher programs should be required to demonstrate compliance with applicable civics education regulations by maintaining  records documenting class participation in the civics curriculum in applicable grade levels on a yearly basis.  Schools should also report student performance in civics-related courses.

CONCLUSION

Acceptance of a voucher by a private school should be subject to that school’s compliance with certain basic requirements. At a minimum, school buildings should meet relevant code requirements and fire safety standards; teachers should be able to offer evidence that they are equipped to teach their subject matter; and the school should both teach and model foundational constitutional values and behaviors. Ideally, schools receiving public funds should not be permitted to discriminate on the basis of race,  disability or sexual orientation (religious schools have a constitutional right to discriminate on the basis of religion in certain situations, although they do not have a right to do so on the taxpayer’s dime) and should be required to afford both students and staff at least a minimum of due process. At present, we are unaware of any voucher program that requires these commitments.

A long line of political theorists have described citizenship as a process of sharing, of forming community around basic values and ethical principles held in common. There are few public issues that do not presuppose a civic understanding of, and broad agreement with, a common purpose, a shared vision of the public good. A constant tension between the public or common good and a commitment to individual rights is a truism of Constitutional law and political debate, and an exploration of that tension should be an explicit part of any civics curriculum.

A quotation from Stephen Macedo is relevant to this issue of teaching the Constitutional Ethic:

Talk of diversity and difference too often proceeds without taking adequate account of the degree of moral convergence it takes to sustain a constitutional order that is liberal, democratic, and characterized by widespread bonds of civic friendship and cooperation.” (Macedo, 2000, 2)

Voucher proponents define the public purpose to be served by education solely as the achievement of a level of academic competence sufficient to sustain economic growth and make America competitive in the global marketplace. We quarrel with this definition. We argue that schools funded by tax dollars, whether public or private, should be contractually obligated to foster the Constitutional Ethic, and that the public good requires more than the transmittal of literacy and technical knowledge sufficient to support economic growth and individual self-sufficiency. It also requires the creation and perpetuation of a political community steeped in the Constitutional Ethic and prepared to contribute to the process of creating unum from our pluribus.