Tag: georgia

School Choice Lawsuits and Legislation Roundup

We’re only at hump day but this week has already seen the filing of a new anti-school choice lawsuit, the dismissal of another, the potential resolution of a third, and the adoption of a new school choice program. [UPDATE: Plus the passage of a second school choice program. See below.]

Alabama: Yesterday, a federal judge dismissed the Southern Poverty Law Center’s ridiculous lawsuit against Alabama’s scholarship tax credit program which essentially claimed that the program unconstitutionally violated the Equal Protection clause since it did not solve all the problems facing education in Alabama. The SPLC argued that the law creates two classes of citizens: those who can afford decent schooling and those who cannot. In fact, those classes already exist, but the law moves some students from the latter category into the former, as the judge wisely recognized:

“The requested remedy is arguably mean: Withdraw benefits from those students who can afford to escape non-failing schools. The only remedy requested thus far would leave the plaintiffs in exactly the same situation to which they are currently subject, but with the company of their better-situated classmates. The equal protection requested is, in effect, equally bad treatment,” the judge said.

The scholarship program still faces a lawsuit from Alabama’s teachers union.

Georgia: Anti-school choice activists filed a lawsuit against Georgia’s scholarship tax credit program, alleging that it violates the state constitution’s ban on granting public funds to religious institutions. The lawsuit is longer and more complicated than similar suits in other states, and portions requesting that the government enforce certain accountability measures (e.g. - making sure that only eligible students are receiving scholarships) may actually have merit. However, the central claim that a private individual’s money becomes the government’s even before reaching the tax collector’s hand has been forcefully rejected by the U.S. Supreme Court and other state supreme courts with similar constitutional language.

Kansas: In the best school choice news of the week, as a part of its school finance legislation, Kansas lawmakers included both a scholarship tax credit program for low-income students and a personal-use tax credit. The former would grant corporations tax credits worth 70% of their donations to scholarship organizations that aid students from families earning up to 185% of the federal poverty line. The program is capped at $10 million. The personal-use tax credit grants $1,000 per child in tax credits against the family’s property tax liability up to $2,500 in total for any family without any students attending a government school. [UPDATE: The personal-use tax credit was not adopted in the final committee of conference report.]

Louisiana: A federal judge has mostly sided with the U.S. Department of Justice in its lawsuit demanding that Louisiana fork over data about students participating in the state’s school voucher program, including their race and the racial breakdown of both the government schools they are leaving and the private schools they want to attend. The DOJ wanted that data so that it can challenge individual vouchers if a student’s departure would leave a district “too white” or “too black” (no word yet on whether the DOJ will challenge families whose decision to move out of the district has the exact same impact). However, the judge required the state to provide the data to the DOJ only 10 days before issuing vouchers rather than 45 days beforehand, as the DOJ had requested. A study sponsored by the state of Louisiana determined that the voucher program has had a positive impact on racial integration.

Lawsuits against scholarship tax credit programs in New Hampshire, North Carolina, and Oklahoma are still pending. Parents for Educational Freedom in North Carolina released the following video announcing their efforts to fight the lawsuit:

UPDATE: 

Alaska: Last night, Alaska’s House of Representatives passed a scholarship tax credit program. The bill still has to go to the state senate and the governor.

New Study Explains How and Why Parents Choose Private Schools

Why do parents choose a particular school? What information do they consider in making that choice? Do they prioritize high standardized test scores, rigorous college preparation, moral or religious instruction, or something else?

This morning, the Friedman Foundation released a new study, “More Than Scores: An Analysis of How and Why Parents Choose Private Schools,” that sheds light on these questions. The study surveyed 754 low- and middle-income parents whose children received scholarships from Georgia GOAL, a scholarship organization operating under Georgia’s scholarship tax credit law.

The study’s findings provide analysts and advocates across the education policy spectrum with much to consider. 

Obamacare Increases Man’s Premiums 300%, Supporters Call It a Success Story

Obamacare’s health insurance Exchanges opened for business, in most states, sort of, on Tuesday. Millions of people have reportedly flooded the Exchanges, but have had so much difficulty using the web sites that reporters have had a hard time finding anyone who has successfully enrolled in an Obamacare plan. The Washington Post’s Sarah Kliff writes:

Just moments after writing a blog post Thursday morning, about the lack of information on Obamacare enrollees, Enroll America reached out with contact information for Chad Henderson, a 21-year-old in Georgia who had successfully enrolled in coverage on the federal marketplace.

Chad is evidently a scarce commodity.

It was a little difficult to reach Henderson, mostly because so many other reporters wanted to talk to him. “I’m supposed to talk to the Chattanooga Times Free Press in a half hour,” Henderson said. “And The Wall Street Journal is supposed to call.”

Luckily, Henderson managed to squeeze me in for a few minutes.

Kliff reports that after a three-hour ordeal, Chad bought an Obamacare plan that cost him $175 per month – pretty steep, considering he makes less than $11,500 per year. His Obamacare premium comes to least 18 percent of his income. And no, Chad is not eligible for subsidies.

Compare that to what Chad could have paid if he bought one of the pre-Obamacare plans still available on eHealthInsurance.com until December 31. The cheapest such plan for someone meeting Chad’s profile is just $44.72 – as little as 5 percent of his annual income and about one-quarter of his Obamacare premium.

I can’t yet say whether Chad’s $175 premium is the lowest-cost plan available to him through the Exchange. (I’m in the process of researching that. Let’s just say it’ll probably take a few hours.) But it’s probably close. The cheapest plan available to him through eHealthInsurance.com after Obamacare’s community-rating price controls take effect in 2014, and drive up premiums for young, healthy people market-wide, is $190.23. That’s with the maximum cost-sharing allowed under Obamacare. So it appears Obamacare quadrupled Chad’s premiums, and Enroll America thinks that is a success story.

To me, the most interesting part is that Chad didn’t buy health insurance when it was available to him for just $45 per month, but did buy it at an unsubsidized $175/month premium. Why? Again, Kliff:

He describes himself as a supporter of President Obama who has anxiously awaited Obamacare’s rollout…

Part of his decision was ideological: He wants the health-care law to succeed.

Obama Administration Should Close NATO Door to Georgia

Although many members of the defense establishment haven’t seemed to notice, the Evil Empire collapsed. The Soviet Union is gone, along with the Warsaw Pact. Europe is wealthier than America. Why is Washington still pushing to expand NATO?

In May, Secretary of State John Kerry announced that “We are very supportive of Georgia’s aspirations with respect to NATO.” In June NATO Secretary General Anders Fogh Rasmussen visited Tbilisi, where he said that once Tbilisi made needed reforms “the burden will be on us to live up to our pledge that Georgia will be a member of NATO.”

Alas, the biggest burden of adding Tbilisi would fall on the United States. The administration should halt the process before it proceeds any further.

The North Atlantic Treaty Organization was created to contain Joseph Stalin’s Soviet Union. The U.S.S.R.’s demise left NATO without an enemy. The alliance desperately looked for new duties, finally settling on “out-of-area” responsibilities. 

In essence, the alliance would find wars to fight elsewhere, such as in Afghanistan and Libya, while expanding eastward toward Moscow. That process continues today. For instance, Rasmussen declared: “Georgia’s full Euro-Atlantic integration is a goal we all share” 

That’s a dumb idea. Georgia would be a security liability to the United States and Europe.

Is Education Nationalization Falling Apart?

While the fight against nationalizing education has focused primarily on the Common Core, the nationalization offensive seems to be falling apart on the testing front; a classic, it’s-the-one-you-don’t-see-that-gets-you situation. Yes, several states have seen recent, serious resistance to the Core–I just testified about this in Arkansas–but no state that officially adopted the Core has unadopted it.

Then there’s the testing.

Two days ago, Georgia declared that it would be leaving the Partnership for Assessment of Readiness for College and Careers–one of the two testing consortia chosen by the U.S. Secretary of Education to receive big federal grants–and would pursue its own tests. Georgia joins Pennsylvania, Alabama, Oklahoma and Utah heading out the exits, with strong rumblings that Indiana and Florida will be joining them. (I wrote about Florida “padding” school assessments yesterday.) Why is this important? Because as Chester Finn of the Thomas B. Fordham Foundation has written, for standards-based reform to work, there must be a “tripod of standards, testing, and accountability.” And for national standards to work, there must be a national tripod: all schools must use the same standards and tests to compare how all kids are doing, and there must be uniform punishments for schools that do not do well. As Finn is quoted in the Washington Post as saying, if states use their own tests, “We won’t be able to compare their test scores—it’s almost as simple as that.”

This raises the crucial question: who must be in charge of constructing and maintaining the tripod to get everyone uniformly on board? It’s a question nationalizers have been loath to tackle because the answer is obvious (at least if you ignore that no level of centralized government is likely to maintain high standards and accountability): Washington. Only the federal government has the ability, by taking taxpayers’ money then offering it back with rules attached, to coerce all states into doing the same things. See, for instance, drinking ages. Or adopting the Common Core, which Washington got almost all states to do very quickly through the $4.35 billion Race to the Top program.

Ironically, it is perhaps because Common Core supporters have devoted huge amounts of their time and resources to denying that Washington had a major role in advancing the Core–a role they quietly called for–that may have caused them to miss the cracking in the tripod’s testing leg. Or perhaps they knew, because most states wouldn’t do so on their own, that they would need Washington to force states to adopt uniform tests, while understanding that openly stating that necessity would prove toxic to their cause. They knew that Americans, largely, do not want overt federal control over what their schools teach and how their kids are tested. So they continued to downplay the need to establish any sort of governing structure to keep their tripod together, lest simple logic make clear to the public that only Washington could accomplish what the standardizers need.

In other words, the need to stay hush-hush about the federal role–in order to protect national standardization–ultimately may be what kills it.

School Choice Expands in Georgia

Shortly before midnight last night, the Georgia House of Representatives voted 168–3 to pass legislation that expands the Peach State’s scholarship tax credit program. The legislation also increases the program’s transparency and accountability while mostly resisting demands for unnecessary new regulations like mandatory standardized testing.

The total credit cap was raised from just over $52 million to $58 million—a good thing, but less than the $65 million that was in an earlier version of the bill. The increase came at the expense of the program’s annual adjustment for inflation, which is unfortunate beause, without additional legislative intervention to expand the program, the credits will be worth less with each passing year.

Most of the transparency and accountability provisions are narrowly tailored and greatly improve the program. The bill requires that scholarship organizations file an independent audit with the Georgia Department of Revenue to ensure that they are complying with the program’s regulations. The department must post information about the scholarship organizations’ contribution and award activities on its website. The bill also forbids the “earmarking” of donations for specific students, including the children of donors.

Some of the new regulations are counterproductive, such as the requirement that students spend at least six weeks in a public school before participating in the program. The requirement is essentially an accounting gimmick to inflate the program’s perceived savings by transforming almost all scholarship recipients into “switchers” from the public school system. Though there are some exceptions for students who are assigned to low-performing public schools, subject of bullying, or who have homeschooled for a year, the requirement is an unnecessary impediment to many families who would like to participate in the program. Moreover, critics see through the gimmick. There are other ways to demonstrate savings, as Florida has done, without creating needless hurdles for families to jump.

That said, Georgia’s school choice expansion is an impressive achievement.

Why School Choice Programs Should Not Require Testing

As Georgia’s legislature considers a bill to expand the state’s scholarship tax credit (STC) program and increase transparency, some are calling for additional regulations. Writing in yesterday’s Atlanta Journal-Constitution, Adam Emerson of the Thomas B. Fordham Institute argued that the Peach State should require private schools that accept scholarship students to administer standardized tests. That would be a mistake.

Emerson argues that parents, educators, and policymakers “deserve to compare the gains that students make in different school environments.” Test scores can be a useful, albeit limited and incomplete, method of comparing the academic effectiveness of different schools. Under the current system, parents are free to choose private schools that administer standardized tests and avoid those that do not or vice-versa. Likewise, donors are free to direct their money to scholarship organizations that only fund schools that do or do not administer standardized tests.

By contrast, a testing mandate would severely limit or even eliminate these choices. Parents who are concerned about the “teach to the test” phenomenon or whose child reacts negatively to testing, and educators who believe that standardized testing gets in the way of real learning will have little to no choice but to participate in the standardized testing regime, as even Emerson agrees.

Emerson argues that the vast majority of private schools would still participate in the STC program even with a standardized testing mandate. He cites a recent Fordham study of the impact of regulation in school choice programs showing that “only 3 percent of non-participating schools cited governmental regulations as the most important reason to opt out.” That’s exactly the problem. The mandate would force private schools to choose between eschewing both the tests and all the students who need school choice scholarships to attend their school, or accepting both. Unsurprisingly, the vast majority of schools succumb to the financial pressure.

Researchers tend to support testing mandates because they allow them to evaluate the effectiveness of certain reforms, at least to an extent. But the very act of measurement itself can distort the very thing they are trying to measure. Even aside from the cheating scandals, the tests create strong incentives for teachers to teach differently in order that their students perform well on the test.

Of course, some will argue, “that’s not a bug, that’s a feature!” They support standardized tests as a means of increasing accountability. “If you want to move something, you have to measure it,” they argue, and they have a point. But standardized tests are not the only way to measure learning. Supporters of standardized testing know that, but they want a uniform measures so that they can compare apples to apples. The problem is that uniform measures create a powerful incentive to move toward uniform behavior. As James Shuls of the Show-Me Institute wrote recently:

The fact is that curriculum standards don’t tell teachers how to teach in the same way that a high jump bar doesn’t tell a jumper how to jump. You could theoretically jump over a high jump bar in whatever way you would like; but because of how the jump is structured there is a clear advantage to doing the old Fosbury Flop.

While standardized tests are not as imposing as curriculum standards, what’s on the test can drive what is taught in the classroom, when it is taught, and how it is taught. Professor Jay P. Greene argued along similar lines regarding national standards:

Such uniformity would only make sense if: 1) there was a single best way for all students to learn; 2) we knew what it was; 3) we could be sure the people running this nationalized education system would adopt that correct approach; and 4) they would remain in charge far into the future. But that isn’t how things are. There is no consensus on what all students need to know. Different students can best be taught and assessed in different ways.

Standardized tests create an incentive for uniformity when we should be fostering a diversity of traditional and innovative pedagogical methods. To the extent that researchers, policymakers and some educators believe that standardized tests are useful, they should make their case in the free marketplace of ideas and encourage parents to choose the schools that administer them. What they shouldn’t do is use the coercive power of government to fashion a top-down system of testing that could squelch diversity and innovation.