Showing posts with label school vouchers. Show all posts
Showing posts with label school vouchers. Show all posts

Tuesday, February 04, 2014

Do “The Rules Matter”?

The proposal from Senators Lamar Alexander and Tim Scott — offered during “National School Choice Week” — for turning nearly half of the federal K-12 spending into school vouchers was notable for its explicit embrace of assumptions that the GOP had often been hesitant to discuss.  When offering their plans at the American Enterprise Institute, the lawmakers talked of education “monopolies” harming the prospects for students, the (questionable) relative advantages of private education, and the benefits of competition and — remarkably — “vouchers” in providing enhanced educational opportunity.

Of course, vouchers are not a new idea in Republican ranks.  But the explicit use of the term is unusual, having been all but banished from the GOP vocabulary on the advice of master message manufacturer Frank Luntz, who had advised Republicans to use terms like “opportunity scholarship” instead, since “vouchers” polled so poorly with his focus groups.  So kudos to the Senators for calling their proposal what it actually is. 

But perhaps more important than the truthfulness in advertising is the uncovering of the market-oriented assumptions that are advanced in this proposal, as well as in several other recent discussions of “incentivist” policies to expand choice.  In these discussions, policy-shapers exhibit amazing confidence that they can formulate the details of policies such as school choice in ways that lead to desired outcomes.

In the voucher proposal, policymakers assume that handing poor children $2,100 will induce private schools to open up more opportunities for them.  Similarly, when the US Department of Education issued new guidelines last week allowing charter schools to use weighted student lotteries in admissions, it is with the anticipation that many charter schools will then give preferences to disadvantaged students.  Likewise, a recent argument among school choice proponents revolved around the appropriateness of measuring voucher schools by test scores (as they are quite happy to do with public schools), since some are concerned that this might cause innovative independent schools to narrow their curriculum. 

Arguments over such policy specifics highlight the perceived importance of program details: the “rules” matter, as policy wonks and researchers like to suggest.  This assumption reflects a faith that choice policies can be fine-tuned to produce desired outcomes. 

This perspective is nicely spelled out by advocates and analysts.  For instance, choice scholar Terry Moe has argued that stronger incentives can be used to promote policy outcomes such as achievement and efficiency, since the right incentive structures can be leveraged to encourage organizations or individuals to pursue that outcome.   While advancing from a somewhat different perspective, Richard Kahlenberg sees similar possibilities for equity and integration through highly regulated choice mechanisms.  For these approaches, it’s simply a matter of crafting the right policies, incentives, and regulations (for some, as few as possible) to both encourage self-interested pursuit of these socially desired goals, and limit the excesses of choice and competition.

Thus, it’s not surprising to see school choice advocates debating arcane policy specifics, such as admissions policies, testing requirements, or other regulatory requirements, since they believe that the devil is in the details, and those details matter immensely.

But do the rules really matter?  Maybe not so much.

Placing limits on the pursuit of self-interest does not negate the force of competitive incentives.  Market-oriented reformers are correct about the power of human creativity, but forget that their policies also incentivize organizations and individuals to find creative ways around the regulations in which policymakers place so much faith. 

Certainly, the creative but destructive impulses of Wall Street are a good reminder of the inherent limitations of government regulation to rein in the excessive pursuit of self-interest that has caused so much harm to so many.  The same is true in the emerging education markets created by school choice and deregulation, where individuals, schools, charter chains, school managers, and many others find ways around the rules meant to promote equity in order to give themselves individual advantages. 

For instance, we know that charter schools in New York have been systematically ridding themselves of lower-performing, more costly or difficult-to-educate students who might diminish a school’s market position, despite regulations meant to ensure equitable access for all students to these “public” schools.  Scandals in Milwaukee’s voucher program show the limitations of education policy specifics in policing profit-seeking behaviors, and law enforcement has had to step in when school management gets too self-interested.  Our work in New Zealand’s more developed school market shows many of the self-managing “public” or state schools drawing their own boundaries in ways that exclude minority and disadvantaged student.  And these examples only focus on who is being served, and do not include the multiple examples of fraud and nepotism we have seen when self-interest is leveraged in the burgeoning charter school market. 

Choice and competition can indeed be powerful forces for incentivizing creativity — sometimes towards socially desirable ends, and sometimes, not so much.  But the faith that policymakers place in the invisible hand of the market for education, even when guided by their carefully thought-out regulations, may not be enough to protect children from the blunt impact of market forces.  As the tiger of competition is unleashed in education, it’s not at all clear that holding its tail is a sufficient assurance of safety.

Monday, November 04, 2013

Of Vouchers, Integration, and Misleading Statistics

In less than a week, I will give a presentation to an audience at the University Council for Educational Administration’s Annual Convention. My presentation, entitled: “Dis-Integration: School Vouchers and Racially Isolated Private Schools, Legal and Policy Considerations,” makes the claim that school voucher programs, while legal under federal and some state laws, violate the principles of integration. In other words, we should scrutinize school voucher programs a little more closely because of the concerns of creating segregated schools. The threat that school voucher transfers to private schools could possibly result in decreased integration is based in part on the work of Sean Reardon and John Yun. In 2002, Reardon and Yun published, Private School Racial Enrollments and Segregation. In their work, Reardon and Yun found that private schools were just as or more segregated than public schools. This was particularly the case for Black students enrolled in Catholic schools (this matters a lot latter when talking about New Orleans, Catholic schools and school vouchers). Reardon and Yun’s work can be found here.

On October 2nd, while preparing for my presentation, I encountered an article in the online version of the New Orleans newspaper. The article stated that the Louisiana school voucher program, known as the Louisiana Scholarship Program, yielded a positive net effect on integration in the state of Louisiana. The report, published by Education Next, stated that the Louisiana school voucher program increased integration at the schools that voucher students left and had no net effect on the schools that voucher students entered. The report implies that the United States Department of Justice has no statistical support in intervening in the educational affairs of the state of Louisiana. The report alleges that the Louisiana Scholarship Program not only increases integration, but does so in nearly every case. Specifically, the authors cite that the Louisiana Scholarship Program increases integration in 90% of all transfers. Juxtaposing the arguments of Reardon & Yun and Egalite & Mills causes most observers to pause and consider that: greater segregation (this time in private schools) combined with parental choice doesn’t usually equate to greater integration. I, therefore, sought to understand the parameters of the study conducted by Egalite and Mills.

It is worth mentioning that both studies can be reconciled. It is more than possible that parents of Black students might use the Louisiana Scholarship Program to withdraw their children from predominately Black public schools and enroll the students in predominately White or racially mixed private schools. Egalite and Mills don’t actually discuss this matter. What do Egalite and Mills tell us about the Louisiana Scholarship Program? The answer is a resounding, “not much.” The methods section of the study reveals that the authors looked at a mere 841 students out of 4,954 students. The authors justifiably exclude some students, but the exclusions end with the authors’ sampling a mere 17% of the population, the supermajority which live in the New Orleans metropolitan area. The study, therefore, says more about the impact of the Louisiana Scholarship Program in New Orleans than in the entire state of Louisiana.


I will continue to prepare for my presentation. The work of Egalite and Mills doesn’t particularly shunt my beliefs that school voucher programs can harm school integration efforts. That one voucher program, in one unique city/metro area, improves racial integration does not mean that the same can be said in all jurisdictions. Because of the uniqueness of New Orleans, it is not absolute that the effects of students transfers using the voucher program is generalizable to even other cities in Louisiana.

Wednesday, March 13, 2013

Policy Interventions or Political Posturing?

National Journal posed the following question, to which Forum Director Chris Lubienski responds:

House Majority Leader Eric Cantor, R-Va., last Friday visited a private Catholic school, St. Mary's Academy in New Orleans, for a tour and a discussion with local education officials and families. The purpose of the visit, (gumbo and sazerac aside) was to promote Louisiana Gov. Bobby Jindal's education agenda, much of which has landed in court. "We want to explore what has been gained in terms of experience to see how we can learn from this at the federal level," Cantor said after the event.
Jindal, a rising star in the Republican party, last year announced an ambitious education plan for Louisiana that has been cheered by school choice advocates and booed by teachers' unions. The plan forms a virtual battleground for a difficult education debate in a state whose schools are ranked among the very worst in the country. Louisiana is the perfect place for radical school proposals, and Jindal doesn't shy away from the task. His plan includes private school vouchers, severely weakened teacher tenure, and fast-tracking for charter schools.
Last week, a Louisiana court threw out Jindal's teacher tenure evaluation measure, saying it violated the state constitution because it contained too many unrelated provisions. Late last year, the same court said the voucher program was unconstitutional because it diverted local tax dollars to private schools.
Jindal is unbowed by the setbacks. "When we embarked on this path of reform, we knew this would not be an easy fight because the coalition of the status quo is entrenched and has worked to hold Louisiana teachers and students back for decades," he said in response to the most recent court ruling.
American Federation of Teachers President Randi Weingarten cheered the ruling, saying elected officials can't force radical changes on the education system without consultation and deliberation. The court decision "should be a wake-up call to so-called reformers determined to ram through top-down dictates that undermine the voice of educators and public schools at all costs," she said.
What does Jindal's plan--and Cantor's interest in it--signify about Republicans' views on education? What is the impact on the public school system from school choice initiatives like Jindal's? What is the impact of eliminating the benefits of teacher tenure? Is it a direct attack on the teachers unions? Where can Democrats find common ground with Republicans in this conversation?
Dr. Lubienski's response:

Poor John White.  The Louisiana Superintendent’s efforts to do right (at least in his mind) by the state’s school children has earned him substantial credibility with the current crop of education reformers around the country.  But he also serves a governor who seems more intent on positioning himself with the right-wing of the GOP for a presidential run than on having a lasting beneficial impact on education in the Bayou state.

His boss, Governor Bobby Jindal has been causing quite a commotion, in the schools and in the courts.  He has tried to deepen and accelerate the market-oriented reforms that proliferated in post-Katrina New Orleans, expanding them across the state.  Jindal’s plan for education reform has a number of elements, but centers on:

·       expanding Louisiana’s voucher program statewide to students at more public schools
·       growing the supply-side by inviting more groups (including businesses) to provide education services
·       opening up more opportunities for “high quality charter operators” with “proven track records” to get established (so much for the local, independent “mom-and-pop” start-ups)
·       and, of course, cultivating a teacher labor market by undercutting tenure and salary scales, giving more authority to employers, and tying teachers’ value to students progress.

But then a Republican-appointed judge throws out the tenure reforms on a technicality, and rules that the voucher program undercut local control of public education resources. 

Is that a problem for the Jindal education agenda?  Hardly.  After all, the point isn’t to get these things implemented in order to improve the education of Louisiana kids.  Indeed, there’s precious little clear and compelling evidence that things like vouchers, monetary incentives for teachers, or even charter schools necessarily raise achievement for students (consider the continuing widespread failure in RSD), much less that scaling-up even these programs will work with a wider population. 

Instead, the Jindal education agenda appears to be more about positioning the governor as the standard bearer for ALEC-inspired education reforms, probably in preparation for a run for national office where he’ll need the support of influential and well-heeled conservative groups.  In that sense, it doesn’t matter if these measures “work,” or even if they’re implemented, but only that his proposals demonstrate superior commitment to the cause of attacking unions and elevating market mechanisms.

In that regard, Eric Cantor’s recent visit was likely to produce more in the way of political insights into Jindal’s electability than any policy insights into the efficacy of these programs. 

Meanwhile, as the political circus proceeds through Baton Rouge, and his boss engages in political posturing, John White has a lot of kids in need of a better education.

Monday, February 04, 2013

School Vouchers - Legal Watch



This past week was National School Choice WeekSchool Choice continues to be a major area of discussion in the current education policy debates. The National School Board Association recently released facts on voucher programs to counter National School Choice Week.  As school reform advocacy strengthens, this Country will continue to face increased pressure to develop voucher programs.  In 2002, the U.S. Supreme Court in Zelman v. Simmons-Harris[1] , held that an Ohio school voucher program was not in violation of the Establishment Clause.  This ruling opened up the opportunity for other states to create similar school voucher programs. The increase in voucher programs has lead to an increase in litigation regarding the constitutionality of these programs.  The success of these legal challenges depends on the language in the individual state’s constitution.
Currently there are several school voucher cases that have been recently decided or are awaiting a decision. These decisions can shape the future of voucher programs.  On November 30, 2012, a Louisiana state court held that its state voucher program is unconstitutional.[2]   The Louisiana Scholarship Program is a program designed to provide students with additional opportunities to attend high quality schools. The voucher program provided vouchers to student within a certain income bracket to allow the opportunity to attend private schools.  Judge Timothy Kelley of State District Court ruled that the Louisiana voucher program is financed in a way that is in violation of the state constitution. The state used their Minimum Foundation Program (MFP), the state’s public school funding formula, to pay for the program.
Another voucher case, Meredith v. Daniels[3], is currently in front of the Indiana Supreme Court.   Meredith, questions the constitutionality of the Indiana school voucher program, the Choice Scholarship Program, hereafter “CSP”.[4]  CSP allows Indiana primary and secondary school students, within a certain household income, to receive voucher scholarships to attend private schools.[5]   The Indiana Marion County Superior Court held that CSP was not in violation of the Indiana Constitution.[6]  The court summarized that “interpreting Article 1, Section 6 to prohibit programs like the CSP would cast double on the validity of a host of other longtime religion-neutral state programs whereby taxpayers funds are ultimately paid to religious institutes by way of individual choice.”[7]  The Plaintiffs appealed this ruling to the Indiana Supreme Court.  On November 21, 2012, the Indiana Supreme Court held oral arguments for MeredithWe are awaiting a decision on this case.  After listening to the oral arguments in this case, I did not anticipate there not being a decision two months after the arguments.   
The case of Larue v. Colorado Board of Education[8] is currently in the front of the Colorado  Court of Appeals.  Larue, challenges the Choice Scholarship Program, not to be confused with the Indiana CSP.[9]  “The Program, enacted by the Douglas County Board of Education on March 15, 2011, takes public funds provided by the State of Colorado—which are required by law to be spent on public schools—and uses them to pay for tuition at private schools. The vast majorities of these private schools are religious, are controlled by churches or other religious institutions.”[10]  The Plaintiff’s allege that the voucher program is in violations of six sections of the Colorado Constitution, and a public finance act.  The lower court agreed with the plaintiffs and issued an injunction in August 2011.[11]    Oral arguments for this case were held on November 19, 2012.  We are currently awaiting the Colorado Court of Appeals decision.  
In an Oklahoma case, Independent School District No. 5 of Tulsa County v. Spry,  the school district sued the parents regarding the constitutionality of a voucher program that provided vouchers to students with disabilities.[12]  The lower district court ruled that the voucher program was unconstitutional, however, on appeal, the Oklahoma Supreme Court refused to address the constitutionality of the voucher program because the school district did not have standing to sue the parents.  It stated in its unpublished decision, that “the school districts are not taxpayers themselves, whom this Court has long recognized have a right to challenge the illegal expenditure of public funds.”  The court further states, “the parents are clearly not the proper parties against whom to assert these constitutional challenges. We hold that the school districts have neglected to meet the threshold standing requirement for constitutional challenges.” [13] Considering that the court did not make a determination regarding the constitutionality, one could anticipate that the school district will look into possible future action.  This matter will most likely be brought again with individual citizens and taxpayers as the Plaintiffs and the Education Agency as the defendant. 
These school voucher decisions will impact education policy for the years to come.  As more organizations advocate for education reform, we will see more and more states create voucher programs.  The complication or ease in the creation of these programs will depend on the language in that state’s constitution.  The litigation involving these programs will continue to transform the definition of Public Education. Only the future will tell us what that definition will be.  On another note, what is going on with virtual charter schools in Pennsylvania?  I can smell the litigation!!!

 By:  Tiffany Puckett


[1] Zelman v. Simmons-Harris, 536 U.S. 639 (2002).
[2] Louisiana Association of Educators, et al, v. State of Louisiana, case number and opinion not available.  The case was decided by the 19th District Court in Louisiana.  Information regarding the opinion retrieved on December 1, 2012 from various websites, including, the Louisiana Association of Educators website located at http://www.lae.org/news.asp?nid=190. 
[3] Meredith v. Daniels, No. 49S00-1203-PL-00172, (Ind. filed Jan. 20, 2012).
[4] Id. 
[5] See Ind. Code §§ 20-51-1-4.7; 20-51-4 et seq.; 20-51-4-1.
[6] Meredith v. Daniels, No. 49D07-1107-PL-025402, slip op. (Ind. Sup. Ct. Jan 13, 2012).
[7] Id. at 9.
[8] Larue v. Board of Education, No. 11CA1856 and 11CA1857. (Colo. Ct. App. filed Sept. 2011).
[9] Id.
[10] Plaintiff’s complaint, Larue v. Board of Education, No. 11CA1856 and 11CA1857.
[11] Larue v. Board of Education, No. 11cv4424 and No.11cv4427.  District Court, Denver County, unpublished opinion. 
[12] Independent School District No. 5 of Tulsa County v. Spry, 2012 OK 98, __ P.3d __, decided November 20, 2012, has not been released for publication.  Until such time it is subject to revision or withdrawal. 
[13] Id.