Tag: North Carolina

Bathroom Battles: Why We Need School Choice

North Carolina governor Pat McCrory (R) has just responded to the federal government’s threat to punish the state over its law prohibiting local governments from allowing transgendered people to choose their bathrooms: We’re suing!

Central to the nation’s bathroom war – which is one among sundry, seemingly endless culture wars – are the public schools. They are mentioned specifically in the Tar Heel State’s embattled law, and schools have been the sites of several lawsuits across the country over who gets to decide where students go to the bathroom or change their clothes. Of course, as Cato’s Public Schooling Battle Map reveals in stark detail, just like the nation, our schools are constant battlegrounds in the culture wars, and our children are essentially innocent civilians with political, social, and cultural bombs going off all around them.

At issue in North Carolina are really two things directly applicable to education: level of public school control, and private rights.

The immediate issue is whether a state should be able to make its own laws without the federal government overruling them. The feds have a legitimate claim, under the Fourteenth Amendment, to do what they are doing – attempting to prevent discrimination by state or local governments – but there is also a good case to be made that there are competing rights at stake – privacy versus nondiscrimination – and perhaps neither should take clear-cut precedence. Moreover, even if it has the authority to intervene, it may be best if Washington allowed social evolution to occur gradually rather than imposing it as people deal with what is, it seems, a pretty new idea: a person should choose which restroom or locker room to use. Of course, North Carolina’s law applies one rule to all municipalities, also potentially curbing natural societal evolution.

Competition Is Healthy for Public Schools

As more North Carolina families are using school vouchers, enrolling their children in charter schools, or homeschooling, some traditional district schools are experiencing slower growth in enrollment than anticipated. The News & Observer reports:

Preliminary numbers for this school year show that charter, private and home schools added more students over the past two years than the Wake school system did. Though the school system has added 3,880 students over the past two years, the growth has been 1,000 students fewer than projected for each of those years.

This growth at alternatives to traditional public schools has accelerated in the past few years since the General Assembly lifted a cap on the number of charter schools and provided vouchers under the Opportunity Scholarship program for families to attend private schools.

Opponents of school choice policies often claim that they harm traditional district schools. Earlier this year, the News & Observer ran an op-ed comparing choice policies to a “Trojan horse” and quoting a union official claiming that “public schools will be less able to provide a quality education than they have in the past” because they’re “going to be losing funds” and “going to be losing a great many of the students who are upper middle-class… [who] receive the most home support.” 

Setting aside the benefits to the students who receive vouchers or scholarships (and the fact that North Carolina’s vouchers are limited to low-income students and students with special needs), proponents of school choice argue that the students who remain in their assigned district schools benefit from the increased competition. Monopolies don’t have to be responsive to a captive audience, but when parents have other alternatives, district schools must improve if they want to retain their students. But don’t take their word for it. Here’s what a North Carolina public school administrator had to say about the impact of increased competition:

New Wake County school board Chairman Tom Benton said the district needs to be innovative to remain competitive in recruiting and keeping families in North Carolina’s largest school system. At a time when people like choice, he said Wake must provide options to families.

“In the past, public schools could assign students to wherever they wanted to because parents couldn’t make a choice to leave the public schools,” Benton said. “Now we’re trying to make every school a choice of high quality so that parents don’t want to leave

Wake County is not unique in this regard. As I’ve noted previously, there have been 23 empirical studies investigating the impact of school choice laws on the students at district schools. As shown in the chart below, 22 of those studies found that the performance of students at district schools improved after a school choice law was enacted. One study found no statistically significant difference and none found any harm.

The Year of Educational Choice: Update V

This is the sixth post in a series covering the advance of educational choice legislation across the country this year. As of my last update in early July, there were 18 new or expanded choice programs in 14 states. A few days after that update, Wisconsin enacted a new voucher program for students with special needs. And on Friday, North Carolina lawmakers finally passed a long-overdue budget that expanded the state’s two school voucher programs for low-income and special-needs students, bringing the total number to 21 new or expanded programs in 15 states. The updated tally is below.

A lawsuit against the Tar Heel State’s voucher law impeded implementation so only 1,216 low-income students participated last year, barely 10 percent of the 12,000+ applications the state received. In July, the North Carolina Supreme Court upheld the program, clearing the way for the legislature to expand it. 

The Jones Act Strikes Again

People who have heard of the Jones Act (Merchant Marine Act of 1920) generally are aware that its stated purpose is to maintain a strong U.S. merchant marine industry.  Drafters of the legislation hoped that the merchant fleet would remain healthy and robust if all shipments from one U.S. port to another were required to be carried on U.S.-built and U.S.-flagged vessels.  Unfortunately, things haven’t worked out very well. 

The protectionism of the Jones Act has given the United States the type of merchant marine that would be expected from a sector that has been cut off from market forces for close to a century.  Instead of being a global powerhouse, the U.S. merchant fleet has become a minor player.  In 1955 the 1,072 ships in the fleet accounted for 25 percent of global tonnage.  Today the 191 vessels account for 2 percent of the world total.  Those vessels primarily carry cargoes from one U.S. port to another, along with government-generated exports, such as military equipment and food aid. 

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E-Verify in the States

Many state legislatures are proposing to expand E-Verify – a federal government-run electronic system that allows or forces employers to check the identity of new hires against a government database.  In a perfect world, E-Verify tells employers whether the new employee can legally be hired.  In our world, E-Verify is a notoriously error-prone and unreliable system.

E-Verify mandates vary considerably across states.  Currently, Alabama, Arizona, Mississippi and South Carolina have across the board mandates for all employers.  The state governments of Georgia, Utah, and North Carolina force all businesses with at least 10, 15, and 25 employees, respectively, to use E-Verify.  Florida, Indiana, Missouri, Nebraska, Oklahoma, Pennsylvania and Texas mandate-Verify for public employees and state contractors, while Idaho and Virginia mandate E-Verify for public employees. The remaining states either have no state-wide mandates or, in the case of California, limit how E-Verify can be used by employers.

Despite E-Verify’s wide use in the states and problems, some state legislatures are considering forcing it on every employer within their respective states. 

In late April, the North Carolina’s House of Representatives passed a bill (HB 318) 80-39 to lower the threshold for mandated E-Verify to businesses with five or more employees.  HB 318 is now moving on to the North Carolina Senate where it could pass.  Nevada’s AB 172 originally included an E-Verify mandate that the bill’s author removed during the amendment process. Nebraska’s LB611 would have mandated E-Verify for all employers in the state.  LB611 has since stalled since a hostile hearing over in February.

E-Verify imposes a large economic cost on American workers and employers, does little to halt unlawful immigration because it fails to turn off the “jobs magnet,” and is an expansionary threat to American liberties.  Those harms are great while the benefits are uncertain – at best.  At a minimum, state legislatures should thoroughly examine the costs and supposed benefits of E-Verify before expanding or enacting mandates.

Scott Platton helped to write this blog post.

Pounding the Table, Not the Facts, on School Choice

There’s an old legal proverb about how to win a court case: “If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither is on your side, pound the table.” In this factually-challenged attack on school choice, two lawyers at the UNC Center for Civil Rights do a great deal of table pounding.

Despite mountains of evidence to the contrary, the lawyers charge that school choice programs don’t work and that they increase racial segregation. For example, they claim: 

…in states with [school choice] programs, student achievement at the private schools is no better, and often worse, than in the public schools. In fact, in Milwaukee and Cleveland, whose voucher programs are the country’s longest running, traditional public school students outperform voucher students on available proficiency measures.

Even read in the most charitable light, the lawyers misleadingly compare apples and orangutans. Participants in school choice programs are generally more disadvantaged than the general population, so it is absurd to compare their average performance against the general population, which includes all the students in wealthy “public” school districts (where low-income parents have been arrested for trying to enroll their kids). Government school advocates rightly object when someone compares average private school performance to average government school performance. The private schools outperform government schools on average, but because both parents and the private schools select each other, the comparison breaks down. The same is true here.

A meaningful comparison requires a randomized-controlled trial, which is the gold standard of social science research because the process of randomization allows researchers to compare like against like and to isolate the effect of the “treatment” (in this case, the offer of a school choice scholarship). Fortunately, there have been 12 such studies addressing this very question from highly-respected institutions like Harvard University and the Brookings Institution. Eleven found that school choice programs lead to positive student outcomes, including higher academic performance and higher rates of high school graduation and college matriculation. One study found no statistically significant difference and none found a negative impact.

2013: Yet Another ‘Year of School Choice’

In 1980, frustrated by the attention given to Paul Ehrlich’s Malthusian doomsaying, economist Julian Simon challenged Ehrlich to a wager. They agreed on a basket of five commodity metals that Simon predicted would fall in price over 10 years (indicating growing supply relative to demand, contrary to the Malthusian worldview) and Ehrlich predicted would rise. In 1990, all five metals had decreased relative to their 1980 prices and Ehrlich cut Simon a check.

In 2011, two education policy analysts made a similar wager. After Jay Mathews of the Washington Post predicted that voters would “continue to resist” private school choice programs, Greg Forster of the Friedman Foundation for Educational Choice challenged Matthews to a wager, which Mathews accepted: Forster would win if at least seven new or expanded private school choice programs (i.e., vouchers or scholarship tax credits, but not including charter schools) were signed into law by the end of the year. That July, the Wall Street Journal declared 2011 to be the “Year of School Choice” after 13 states enacted 19 new or expanded private school choice programs, nearly triple the number Forster needed to win the bet.

Undeterred, the following year Mathews proclaimed that school choice programs “have no chance of ever expanding very far,” prompting another challenge from Forster. Mathews did not take the bet, which was fortunate for him because in 2012 10 states enacted 12 new or expanded private school choice programs.

Now, for the third year in a row, Forster’s prediction has proved true, with 10 states enacting 14 new or expanded private school choice programs, including:

Most of these laws are overly limited and several carry unnecessary and even counterproductive regulations like mandatory standardized testing. Nevertheless, they are a step in the right direction, away from a government monopoly and toward a true system of education choice.

Of course, that’s why defenders of the status quo have made 2013 the Year of the Anti-School Choice Lawsuit.