Tag: educational choice

NH Governor Vetoes School Choice Bill

For a few years now, the town of Croydon, NH (population 651) has been fighting with the governor and state board of education over their school choice policy. The town isn’t large enough to sustain its own K-12 district school, so it contracts with a neighboring town to educate most of its residents’ children starting in 5th grade. But when its contract was approaching expiration a few years ago, the town decided to give local parents the option of sending their children to private schools as well, and the town would cover tuition up to the amount that it was spending per pupil at the neighboring district school (about $12,000).

That’s when the governor and state education bureaucrats got involved. They objected to the town’s use of tax revenue at non-government schools, though they had difficulty pointing to exactly which law or statute the town was violating. They’re currently embroiled in a lawsuit to sort out whether Croydon has the authority to decide how to spend its local tax dollars, but meanwhile the state legislature passed a bill clarifying that Croydon and similar towns have the authority to enact their own school choice policies. 

Last week, NH Gov. Maggie Hassan vetoed that bill citing two arguments I had already refuted in a Union Leader op-ed earlier in the week. In her veto message, Gov. Hassan wrote:

House Bill 1637 diverts taxpayer money to private and religious schools with no accountability or oversight, a clear violation of the New Hampshire Constitution, which states, ‘… no money raised by taxation shall ever be granted or applied for the use of the schools of institutions of any religious sect or denomination.’ Not only is the bill unconstitutional, it also has no mechanism to ensure a student’s constitutional right to the opportunity to receive an adequate education and would undermine the state’s efforts to ensure a strong and robust public education system for all New Hampshire students.

“Under current New Hampshire law, public schools are required to provide the opportunity for an adequate education, as defined by the Legislature, and are held accountable through laws and rules that require monitoring and review by the Department of Education. Additionally, as required by statute and as a result of Supreme Court decisions requiring a statewide education accountability system, New Hampshire schools are required to participate in the Statewide Educational Improvement and Assessment Program. If House Bill 1637 is enacted, public funds would be used to send students to private schools – which are only approved by the Department of Education for attendance and not curriculum, without the same accountability standards as the public schools – violating the requirements of state law and the state Constitution.

The Evidence Is In: School Choice Works

There are a great many reasons to support educational choice: maximizing freedom, respecting pluralism, reducing social conflict, empowering the poor, and so on. One reason is simply this: it works.

This week, researchers Patrick J. Wolf, M. Danish Shakeel, and Kaitlin P. Anderson of the University of Arkansas released the results of their painstaking meta-analysis of the international, gold-standard research on school choice programs, which concluded that, on average, such programs have a statistically significant positive impact on student performance on reading and math tests. Moreover, the magnitude of the positive impact increased the longer students participated in the program.

As Wolf observed in a blog post explaining the findings, the “clarity of the results… contrasts with the fog of dispute that often surrounds discussions of the effectiveness of private school choice.”

That’s So Meta

One of the main advantages of a meta-analysis is that it can overcome the limitations of individual studies (e.g., small samples sizes) by pooling the results of numerous studies. This meta-analysis is especially important because it includes all random-assignment studies on school choice programs (the gold standard for social science research), while excluding studies that employed less rigorous methods. The analysis included 19 studies on 11 school choice programs (including government-funded voucher programs as well as privately funded scholarship programs) in Colombia, India, and the United States. Each study compared the performance of students who had applied for and randomly won a voucher to a “control group” of students who had applied for a voucher but randomly did not receive one. As Wolf explained, previous meta-analyses and research reviews omitted some gold-standard studies and/or included less rigorous research:

The most commonly cited school choice review, by economists Cecilia Rouse and Lisa Barrow, declares that it will focus on the evidence from existing experimental studies but then leaves out four such studies (three of which reported positive choice effects) and includes one study that was non-experimental (and found no significant effect of choice).  A more recent summary, by Epple, Romano, and Urquiola, selectively included only 48% of the empirical private school choice studies available in the research literature.  Greg Forster’s Win-Win report from 2013 is a welcome exception and gets the award for the school choice review closest to covering all of the studies that fit his inclusion criteria – 93.3%.

Survey Says: School Choice Improves Student Performance

The meta-analysis found that, on average, participating in a school choice program improves student test scores by about 0.27 standard deviations in reading and 0.15 standard deviations in math. In laymen’s terms, these are “highly statistically significant, educationally meaningful achievement gains of several months of additional learning from school choice.”

New Hampshire Legislators Seek School Choice Solution

New Hampshire legislators are working to end a legal battle between a small town and state education bureaucrats over the town’s school choice program.

The town of Croydon (2010 population: 764) has fewer than 100 elementary-and-secondary-school-aged students. Unsurprisingly, the town found it was not cost effective to run its own K-12 school system. Instead, the town runs a very small K-4 district school and had a longstanding, exclusive agreement with a neighboring district to educate 5th through 12th graders. However, when their contract was nearing expiration, town leaders decided to allow students to take the funds assigned to them to a school of choice.

Sadly, the New Hampshire Department of Education wasn’t about to let a town empower parents to escape the district school system so easily. After a series of meetings and threats to withhold state funds, the department ordered Croydon to end their school choice program, which it claimed violated state law. However, former NH Supreme Court Justice Charles G. Douglas, III, the attorney for Croydon, that the department was misreading state law:

The letter from Douglas and [then-Croydon School Board Chairman Jody] Underwood argues against the state laws [NH Commissioner of Education Virginia] Barry used to support her order to stop school choice in Croydon:

“You cite RSA 193:1 and purport that it says that districts may only assign students to public schools. This is inaccurate. RSA 193:1 defines the duties of parents to ensure school attendance, and neither describes the duties districts have nor restricts the assignment ability of districts. In addition to your inaccurate interpretation, you cite to the portion of that statute that states: ‘A parent of any child at least 6 years of age … shall cause such a child to attend the public school to which the child is assigned.’ You fail to cite section (a) of the statute which clearly states that private school attendance is an exception to attending public school.”

The dispute is now being litigated.

Recently, some NH legislators sought to clarify any ambiguities in the law by explicitly authorizing local authorities to allow local education funding follow children to private schools of choice. As the New Hampshire Union Leader editorialized, this is a step in the right direction. However, the legislation does contain one serious flaw: it limits parental choices to non-religious schools, thereby discriminating against schools based solely on their religious affiliation.

South Dakota Enacts School Choice (for a Few Kids)

South Dakota Gov. Dennis Daugaard signed a scholarship tax credit (STC) bill into law today, making the Mount Rushmore State the 29th state to enact a private school choice law, and the 21st to enact STCs. However, while an important step in the right direction, the number of students who will be able to receive tax-credit scholarships is vanishingly small.

South Dakota’s Partners in Education Tax Credit Program provides tax credits to insurance companies that contribute to nonprofit scholarship organizations that help low-income families pay tuition at the school of their choice. According to the Friedman Foundation, nearly four in ten South Dakota families meet the income eligibility requirements (150 percent of the federal poverty line, or about $67,000 for a family of four in 2015-16), but only a tiny fraction of eligible students will actually receive scholarships because the law only provides a total of $2 million in tax credits. With a scholarship cap equal to 82.5 percent of the state’s per-pupil expenditure at district schools, the maximum scholarship value in 2015-16 will be $4,023. That means that in a state with about 147,000 K-12 students–nearly 16,000 of whom are enrolled in private schools–only 500 students could receive scholarships worth $4,000.

That’s great for the one-third of one percent of South Dakota students who might get a scholarship, but it’s hardly revolutionary.

Regulating School Choice: The Debate Continues

Last week, the Cato Institute held a policy forum on school choice regulations. Two of our panelists, Dr. Patrick Wolf and Dr. Douglas Harris, were part of a team that authored one of the recent studies finding that Louisiana’s voucher program had a negative impact on participating students’ test scores. Why that was the case – especially given the nearly unanimously positive previous findings – was the main topic of our discussion. Wolf and I argued that there is reason to believe that the voucher program’s regulations might have played a role in causing the negative results, while Harris and Michael Petrilli of the Fordham Institute pointed to other factors. 

The debate continued after the forum, including a blog post in which Harris raises four “problems” with my arguments. I respond to his criticisms below.

The Infamous Education Productivity Chart

Problem #1: Trying to discredit traditional public schools by placing test score trends and expenditure changes on one graph. These graphs have been floating around for years. They purport to show that spending has increased much faster than expenditures [sic], but it’s obvious that these comparisons make no sense. The two things are on different scales. Bedrick tried to solve this problem by putting everything in percentage terms, but this only gives the appearance of a common scale, not the reality. You simply can’t talk about test scores in terms of percentage changes.

The more reasonable question is this: Have we gotten as much from this spending as we could have? This one we can actually answer and I think libertarians and I would probably agree: No, we could be doing much better than we are with current spending. But let’s be clear about what we can and cannot say with these data.

Harris offers a reasonable objection to the late, great Andrew Coulson’s infamous chart (shown below). Coulson already addressed critics of his chart at length, but Harris is correct that the test scores and expenditures do not really have a common scale. That said, the most important test of a visual representation of data is whether the story it tells is accurate. In this case, it is, as even Harris seems to agree. Adjusted for inflation, spending per pupil in public schools has nearly tripled in the last four decades while the performance of 17-year-olds on the NAEP has been flat. 

U.S. Education Spending and Productivity

Producing a similar chart with data from the scores of younger students on the NAEP would be misleading because the scale would mask their improvement. But for 17-year-olds, whose performance has been flat on the NAEP and the SAT, the story the chart tells is accurate.

Andrew Coulson, In Memoriam

Earlier this week, we lost a giant. Andrew Coulson, Senior Fellow in Education Policy at the Cato Institute, passed away after a fifteen-month battle with brain cancer. In the days that followed, colleagues, friends, and admirers paid tribute to his achievements, reminisced about his character and virtues, and reflected on his legacy. What follows is a compilation of those tributes.

Neal McCluskey remembers Andrew in an interview with Caleb Brown:

Adam B. Schaeffer, former colleague and adjunct scholar at the Cato Institute:

There is no one else beside Andrew Coulson that you must read to discover what reforms we need in education and why they will work. That is not hyperbole. There are many very sharp people who have contributed important thoughts on education reform, but you will get everything essential that you need from reading through Andrew’s collective works. […]

Andrew was a fine thinker and passionate advocate. But, as many have noted, he was also a kind man with a splendid sense of humor and relentless optimism. He remained immovably committed to his principles and the conclusions to which his great mind had led him. But he always engaged with a sense of magnanimity and humor, never bitter or angry. Even when I made a good deal of trouble for him with my lack of these qualities, Andrew stood by me. When he faced difficulties because of his principles, he always stood firm on those as well.

Adam concludes his tribute with a recommended reading list of Andrew’s works, which are among “all the wonderful gifts he’s left us.” 

Georgia Judge Rejects Challenge to School Choice

Great news from the Peach State, where a superior court judge dismissed a constitutional challenge to Georgia’s scholarship tax credit (STC) law. The Institute for Justice intervened to defend the law on behalf of five tax-credit scholarship recipients. Currently, more than 13,000 Georgia students receive tax-credit scholarships to attend the schools of their choice.

School choice opponents alleged that the STC violated the state constitution’s historically anti-Catholic Blaine Amendment, which prohibits the state from publicly funding religious schools, among other provisions. However, citing precedent from the U.S. Supreme Court and several state supreme courts, Judge Kimberly M. Esmond Adams held that tax-credit eligible donations constitute private funds, not public expenditures:

Courts that have already considered whether a tax credit is an expenditure of public revenue have answered this question in the negative. Of particular importance is Arizona Christian Sch. Tuition Org. v. Winn, 131 S. Ct. 1436 (2011), where the United States Supreme Court found that taxpayers lacked standing to challenge a scholarship tax credit program under the Establishment Clause of the United States Constitution that was almost identical to the Program at issue here. Like Georgia’s Program, the Arizona program provided that taxpayers could receive a credit for donations made to independent scholarship organizations which then provided scholarships for students to attend private schools. […] Plaintiffs have not presented any arguments for why this Court should not follow this persuasive authority.

The fact that tax-credit eligible donations are private funds is the primary reason that STC laws have a perfect track record in the state courts thus far. It’s also why tax credits are the most liberty-friendly means of financing educational choice, as the late, great Andrew J. Coulson never tired of reminding us. In response to the U.S. Supreme Court’s similar ruling five years ago, Andrew wrote:

The rationale underlying the Court’s ruling highlights a unique advantage that tax credits have over other ways of funding education: they expand both freedom of choice for parents and freedom of conscience for taxpayers.

Plaintiffs had argued that cutting a person’s taxes is equivalent to spending government money, and so taxpayers were being compelled to support religion when credits were used for donations to religious [scholarship organizations]. The Court said, “that is incorrect.”

Unlike the funding of public schools, which is compulsory for all taxpayers, participation in [a] tax credit program is voluntary. If an individual chooses not to donate to [a scholarship organization], his taxes are collected just as they have always been, and those dollars cannot be used for any sectarian purpose. Furthermore, if a taxpayer does choose to make a donation, he is free to select the STO most consistent with his own values. […]

There are other ways of funding universal choice in education, but only tax credits (either for parent’s own education expenses or for donations to [scholarship organizations]) respect the freedom of conscience of taxpayers as well as the freedom of choice of parents. If we truly wish our schools to help build strong, harmonious communities, there is no better way than to adopt such programs at the state level on a grand scale.

The opponents of educational choice are likely to appeal the judge’s decision. Let us hope their appeal meets the same fate as all of its predecessors. 

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