Tag Archives: vouchers

Montana Is Right; Indiana Is Wrong

Montana’s Supreme Court recently struck down that state’s version of a school voucher program, ruling that it was unconstitutional under a provision of the state’s constitution.

As Americans United for Separation of Church and State reported,

The Montana Supreme Court delivered a win for church-state separation and public education last week when it struck downthe state’s private school voucher program.

Americans United, joined by other civil-rights organizations, had urged the court through a friend-of-the-court brief to prevent the voucher scheme – called a tuition tax credit program – from funding private, religious education. Our brief explained that the program violated the “no-aid” provision in Montana’s constitution, which protects residents’ religious freedom by ensuring taxpayer money isn’t used for religious purposes – including religious education.

The Montana Supreme Court agreed with us: “We ultimately conclude the Tax Credit Program aids sectarian schools in violation of Article X, Section 6, and that it is unconstitutional in all of its applications,” wrote the court majority.

“Montana taxpayers should never be forced to fund religious education – that’s a fundamental violation of religious freedom,” said AU president and CEO Rachel Laser. “The Montana Supreme Court’s decision protects both church-state separation and public education. It’s a double win.”

The Indiana Constitution has a provision very similar to Montana’s. What we don’t have is a Supreme Court willing to uphold it.

Indiana has the nation’s largest voucher program, and according to Chalkbeat, 306 of the 313 schools across Indiana that received vouchers this year are religious. When supporters of public education and civil liberties challenged Indiana’s program, citing our state’s constitutional bar on sending tax dollars to religious institutions of any sort, the Indiana Supreme Court declined to address the reality of the program, ruling that the funds were being sent to parents, not schools, and that it was thus the parents who were “choosing” to use them at religious schools. (Among other intellectually dishonest aspects of that analysis, the court conveniently ignored the fact that 90% of Indiana’s private schools are religious, a fact that rather obviously constrains that parental “choice.”)

There are numerous reasons to oppose school vouchers, and I’ve written about several: research rebuts claims that children attending these schools perform better than similar children in public schools; the program diverts money from already under-resourced public education; there is no requirement that voucher schools teach civics or comply with civil rights laws or refrain from discriminating against LGBTQ students or teachers. (Roncalli, anyone?) There is virtually no accountability.

Accountability has been cited as one of several differences between voucher schools and charter schools. Charters are public schools, they must obey the Constitution, and they can be closed if they fail to perform adequately. (The threat of closing does make them accountable, but use of that mechanism is terribly disruptive, and causes significant angst for parents and children who must find another educational venue.)

Now it appears that Charters, too, have discovered an escape from accountability. According to the Fort Wayne Journal Gazette, Charters closed for poor performance or financial improprieties can simply reinvent themselves as–you guessed it!–voucher schools.

The article addressed announcement of the closure of Thurgood Marshall School, a Charter.

If Fort Wayne’s charter-school history is any indication, however, the school might not remain closed. When authorizer Ball State University pulled the charters for Imagine MASTer Academy and Imagine Schools on Broadway, the schools simply converted to private voucher schools. About $3.6 million in state loans made to Imagine were forgiven…

The sponsors turned to Horizon Christian Academy, which took over operation of the two schools but seems to have made no improvements. The Broadway school was absorbed into the Wells Street campus school in 2016. Enrollment grew, but not academic achievement. After consecutive state accountability grades of D’s and F’s, the state finally prohibited Horizon from enrolling new voucher students this year, but current students continue to receive taxpayer-supported tuition for the school.

At the very least, lawmakers should prohibit Charter schools closed for non-performance from continuing to rip off taxpayers by converting to Voucher status.

What lawmakers ought to do, of course, is admit what the Montana Supreme Court recognized: sending tax dollars to religious schools violates both the state and federal constitutions–whether those dollars are “laundered” through parents or not.

Indiana’s voucher program was sold as a way to give poor children a better education. In reality, it serves middle and upper-income families by requiring taxpayers to subsidize their children’s religious education. It should be phased out.

 

 

 

Word Choices Can Feed Bias

A recent headline in the Indianapolis Star read: “McCormick Calls for LBGTQ Strings on Private School Voucher Money.”  (Jennifer McCormick is Indiana’s Superintendent of Public Instruction.)

Strings? Or standards?

The statement by McCormick–with which I entirely agree–was prompted by a local controversy over actions taken by Roncalli High School. Roncalli is an Indianapolis Catholic High School that placed one of its guidance counselors on administrative leave after discovering that she was in a same-sex marriage. The school has evidently threatened to terminate her unless she dissolves her marriage.

Roncalli has received more than $6.5 million in public money over the past five years through Indiana’s most-expansive-in-the-nation school voucher program.

The issue is simple: should public dollars–which come from all Hoosiers, including gay and lesbian taxpayers–support schools that discriminate against some of those Hoosiers?

I would argue that taxpayer dollars ought not support private–and especially religious– schools at all, but that is an argument for another day. In any event, I found the Star’s headline offensive. By characterizing McCormick’s proposed standards for receipt of public dollars as “strings,” it strongly suggested that an unnecessarily picky bureaucracy was trying to make it difficult for religious schools to participate in Indiana’s voucher program. It utterly trivialized a very important issue, which is the use of public money to subsidize discrimination.

As usual, Doug Masson has a more temperate–and eloquent– response to the story, and to the issue.

The issue of inclusiveness appears to be a reference to Roncalli’s decision to terminate a long-time, well-regarded guidance counselor when the school was made aware (or forced to acknowledge) that the counselor had a spouse of the same sex. Roncalli is a private school but it’s funded — in part — with public money. The question becomes whether public money should come with conditions and, if so, what conditions should be attached. Obviously, it should and does come with conditions. Voucher money can’t just go anywhere. The voucher school has to look and act more or less like a school. If it was, for example, a tavern that labeled itself a “school,” then Rep. Behning would likely change his position. He says:

If parents have a problem with the school’s practices, employment or otherwise, Behning said they can send their child elsewhere. In that case their tuition will follow, whether it’s paid by the parent or by the state. “Parents are the ones that should be making those decisions,” he said, “rather than the government.”

Rep. Behning is obviously being a little disingenuous here. The government simply wouldn’t let parents make the tavern decision. So, as the joke goes, we’re just haggling over the price. Is discrimination on that basis against an otherwise well-qualified employee because she has a same-sex spouse something we’re willing to fund or not? I obviously fall on the “not” side of that question, and it sounds like Dr. McCormick does as well. My guess is that the General Assembly will be perfectly willing to continue subsidizing Roncalli, notwithstanding its employment practices. (Because, remember, my view of the three goals of the General Assembly when it comes to school vouchers: 1) Hurt the teacher’s unions; 2) direct education money to friends & well-wishers; and 3) subsidize religious education.)

Before education reformers write me to protest that we need “alternatives” and “choice” and “innovations,” let me suggest that they research the difference between Charter schools, which are public and subject to the Constitution, and schools receiving vouchers, which are private and aren’t.

As usual, I agree completely with Doug’s analysis. (I do think he’s too kind to Rep. Behning…”disingenuous” isn’t the word I’d have chosen.)

Another word I wouldn’t have chosen is “strings.” As the saying goes, one person’s “red tape” is the next person’s accountability.

If Evidence Mattered….

It’s a depressing time to be teaching public policy.

As I tell my students, there is an analytical process that should be followed by lawmakers who are considering legislation to address a problem, questions that need to be answered before a bill is introduced, let alone voted on.

To wit:

Is this a problem that government can or should address, or is it more properly left to the private and/or nonprofit sector? If it is appropriate for government action, is it the sort of issue that should be handled by government’s own employees, or is it appropriate for contracting out? (There are a number of additional questions we ask to determine that–and judging from the problems that have arisen with “privatization,” it would appear that those questions are seldom asked). Are there potential negative outcomes of the proposed solution(s), and if so, what are they? Do the anticipated benefits of the proposal outweigh the likely costs?

And finally, what do we know about this issue? What does the evidence say?

It may seem obvious that this sort of analysis should always precede policymaking, but too often, laws are based upon ideology rather than a consideration of the available evidence. The recent tax bill is an example. Those who voted for it evidently never heard of Kansas.

School voucher programs are another example.

At the beginning of the voucher experiments, it may have been reasonable to hope that taking poor children out of poorly performing public schools and giving them vouchers to attend private ones would somehow overcome the barriers that make it difficult for poor children in public school classrooms. But as evidence to the contrary has accumulated, policymakers with ideological fixations have ignored or discounted it.

Scholars at the University of Virginia conducted one of the more recent investigations.

For this new study, researchers analyzed data collected from a group of 1,097 kids in nine states who were followed from birth through age 15. The scholars looked at how many had attended private school between kindergarten and their freshman year of high school. They also looked at how the kids performed as ninth graders on a range of benchmarks, including test scores.

When the scholars did a simple comparison, they learned that students who had attended private school at any time in their academic career performed better on most benchmarks than students who only attended public school. But when the scholars controlled for factors related to family resources — the household income-to-needs ratio, for example — they got a very different picture.

They discovered that kids who went to private school and those who only attended public school performed equally as well in the ninth grade in terms of math achievement, literacy, grade-point averages and working memory. They were just as likely to take more rigorous math and science courses, expect to go to college, have behavioral problems and engage in risky behavior such as fighting and smoking.

In other words, the apparent ‘advantages’ of private school education–the academic results that led early voucher proponents to theorize that the private schools were somehow doing something different, something that produced better results –were really due to the socioeconomic advantages of the children whose parents placed them in these schools, not to what went on in the classroom.

In states with voucher programs, desperately-needed resources are being siphoned from the public schools and sent to private, mostly religious schools. This is problematic both fiscally and constitutionally. These programs have been justified by claims that they will improve the academic achievement of children who would otherwise be “trapped” in “failing” public schools. The evidence simply does not support those claims.

it would be comforting to think that the growing body of research–virtually all of which has reached the same conclusion as the Virginia study–would result in policy change.

It would be comforting, but inaccurate. As a friend of mine used to say, you can’t reason people out of positions they didn’t reason themselves into.

 

ALEC and Indiana’s Voucher Program

A friend recently sent me a rather eye-opening article by three Ball State University researchers. It appeared in an academic journal aimed at school superintendents: The AASA Journal of Scholarship and Practice. (No link available.)

The title was provocative: Hoosier Lawmaker? Vouchers, ALEC Legislative Puppets, and Indiana’s Abdication of Democracy. Few scholarly articles have titles quite that…combative, but the data was compelling (and the four pages of references were impressive).

Indiana has the nation’s largest voucher program, a result the article attributes to the excessive influence of ALEC (American Legislative Exchange Council) in the state. ALEC is a corporate lobbying organization, and its educational task forces are funded by the Charles Koch Foundation, the DeVos Foundation, the Friedman Foundation, Koch Industries, Sylvan Learning and several others; it’s fair to say–as the authors do– that the intensely ideological organization believes “competition is the only legitimate organizing principle for human activity.”

Some 25% of Indiana legislators are members of ALEC, which has been “a legislative force working silently behind the scenes in the Indiana Statehouse.”

The article traces the growth of Indiana’s school voucher program through its abandonment of initial enrollment caps, and the jettisoning of the early rule that children would not be eligible for vouchers unless they’d attended a public school for at least one year. Today, 55% of children using vouchers never attended a public school, and children who enroll in private preschools that accept vouchers are “automatically enrolled” in Indiana’s “choice scholarship” program.

The program is no longer limited to poor children, either: 31% of voucher families could afford private school tuition without state subsidies.

State support for vouchers in 2016-2017 totaled 146.1 million dollars. Between 2011 and 2017, Indiana has spent 520 million dollars on vouchers–and those are dollars that would otherwise have supported public schools. (To add insult to injury, the General Assembly has not required financial reporting by voucher schools–although public schools must disclose their finances.)

In the U.S., 80% of children in private schools are in religious schools; in Indiana, that number is 98%.

So much for the law and the money and the overwhelming influence of ALEC and religion: how are voucher schools performing?

Not very well.

Research shows “persistent, statistically-significant negative impacts” in math, and no improvement over public schools in reading. According to the report, almost 25% of these schools earned F grades from the state in 2015-16, compared to 5% of public schools ; every single online school got an F.

Then there’s segregation. Indiana’s voucher program has “become increasingly affluent and white,” which shouldn’t surprise us, since these schools “set their own admission standards and can reject students for any reason.”

There is much more–none of it reassuring.

Indiana’s voucher program is driven by the libertarian ideology of ALEC and the religious zealotry of Mike Pence and (later) Betsy DeVos–not by considered policymaking by school boards elected to make those policies. The program is draining resources from  schools that serve all children, and redirecting those resources to religious institutions that may or may not be teaching real science and accurate American history.

My biggest problem with these programs is in their underlying assumption that education is just another consumer good–a set of skills to make one’s child competitive in the marketplace. Certainly, schools should provide those skills, but in the U.S., public education is also, in Benjamin Barber’s felicitous phrase, “constitutive of a public.” It is an essential element of democracy, especially in a country as diverse as ours.

Our democratic institutions and norms are currently under unprecedented attack from a feckless Congress and a lunatic in the White House–this is no time to shortchange the public schools, no time to abandon e pluribus unum for profit-making ventures offering tribal truths and substandard educations.

I Don’t Think That Word Means What You Think It Means…

Not every policy change is a reform, and I’m getting more than a little annoyed by efforts to paint things like tax cuts and voucher programs as “reforms.”

I’ve explained in previous posts why the abominable tax bill currently being rushed through Congress isn’t “reform.”  In several states, including Indiana, theocrats intent upon taking tax dollars from public school systems and directing those dollars to religious schools have employed a similar tactic, cloaking those efforts in the rhetoric of “educational reform.”

Betsy DeVos has frequently referred to one such program, in a county in Colorado, in glowing terms, so it was really satisfying to learn the results of a recent school board election in that county.

On Tuesday night, the longstanding fight over a controversial voucher program in Douglas County, Colorado, appeared to have come to an end. In a local school board election that has found its way into the national debate over voucher programs, four anti-voucher candidates—Chris Schor, Kevin Leung, Anthony Graziano, and Krista Holtzmann—defeated reform-supporting candidates in a landslide.

According to the story in Mother Jones, Douglas County is one of the wealthiest counties in the country. The school district is large, with 67,000 students.

As Politico has put it, the county “has gone further than any district in the nation to reshape public education into a competitive, free-market enterprise.” Since 2009, the board has successfully ended a collective bargaining agreement with the local teachers union and enacted a “pay for performance” salary system for teachers.

Its most controversial move, though, came in 2011, when it approved a sweeping school voucher program that aimed to give up to 500 students publicly-funded scholarships to attend participating private schools. The county’s voucher program was the first district-created program in the country. Ninety-three percent of the pilot class of scholarship recipients enrolled in religious schools, according to court documents. It sparked outcry from those who argued that it was a diversion of public money away from public schools. Over the next few years, the suburban district in many ways become a model for conservatives looking to reform education nationwide and the group of reform-minded board members received support from national right-wing groups like the Koch brothers’ Americans for Prosperity.

That generous financial support kept pro-voucher commissioners on the school board until an election in 2015, when three members were ousted by opponents of the program. The Board was still majority pro-voucher, 4-3, but their power was weakened.

This month, after a campaign that saw hundreds of thousands of dollars pour in from the Koch brothers, a Republican political committee on behalf of pro-voucher candidates and the teachers’ union on behalf of the anti-voucher candidates, the anti-voucher candidates swept to decisive victories in all seven races.

That voters were not swayed by the influx of money and rejected the voucher program was a great outcome. But here’s my beef. A spokesperson for the winning slate was quoted as follows:

“Students at every school, students at every grade level and students with varying needs, all of them won tonight because our schools can now continue the return to excellence that began two years ago, after it became clear that reform had failed our children.”

Reform didn’t fail. An effort to enrich religious schools at the expense of public ones failed.

If I learned one thing in law school and in the practice, it was this: he who frames the issue wins the debate. When political activists accept the other side’s framing, they are agreeing to fight on the other guy’s turf.

The word “reform” denotes improvement. Tax cuts for rich people at the expense of middle-class Americans isn’t “reform.” Robbing public schools in order to benefit religious schools isn’t “reform.” In both cases, it’s theft, and with respect to vouchers, it’s an effort to circumvent the First Amendment’s Separation of Church and State.

Call it what it is.