Tag: North Carolina

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 17 new or expanded choice programs in 14 states. 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 19 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. 

Meanwhile, opponents of educational choice have launched a second legal attack on Nevada’s new education savings account law. Last month, the ACLU filed a similar lawsuit. The state of Nevada has hired one of the top law firms in the nation to help defend the ESA program. In addition, the Institute for Justice will be defending the law against both challenges on behalf five families who would benefit from the ESAs. You can learn about their stories in this short video:

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. 

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.

New Lawsuit against School Choice Program

A North Carolina teachers union and fellow defenders of the government’s near-monopoly over education filed a lawsuit against the state’s school voucher program for low-income students, joining half a dozen other lawsuits against educational choice programs around the country. Plaintiffs made the same, tired, factually-inaccurate arguments against letting low-income parents choose where to send their children to school that we’ve come to expect. For example:

“Vouchers are bad public policy,” said Mike Ward, former state school superintendent and one of the plaintiffs. “They tear away millions of dollars that are badly needed by the public schools.”

Apparently no one told Mr. Ward that 22 of 23 studies found that public schools improved their performance in response to the competition that school choice programs generate. The last study found no statistically significant impact. NC’s government-run school system is in dire need of competition. As Parents for Educational Freedom in North Carolina point out, the latest report card from the North Carolina Department of Public Instruction reveals that “nearly 70 percent of low income students in North Carolina failed to meet proficiency standards.”

The lawsuit argues that the voucher program violates Article IX, Section 6 of the North Carolina Constitution, which requires that “all moneys, stocks, bonds, and other property belonging to the State for purposes of public education…and not otherwise appropriated by the State… shall be faithfully appropriated and used exclusively for establishing and maintaining a uniform system of free public schools.

It Turns Out You Can Indeed Criticize the Government

As I wrote almost exactly a year ago, my friend Mark Sigmon filed a case on behalf of the ACLU seeking to prohibit a town in North Carolina from enforcing its sign ordinance against a man who painted “Screwed by the Town of Cary” on the side of his house.  Well, yesterday, the federal district court granted the plaintiff David Bowden summary judgment and entered a permanent injunction against the town. 

The court concluded that the sign ordinance was content-based under the First Amendment because it required more than a perfunctory inquiry into the content of signs in order to determine whether the ordinance would apply.  For example, the ordinance required the town to determine whether something was a “work of art,” a “holiday message,” etc.  The court then concluded that the town’s asserted interests in aesthetics and traffic safety were not compelling, and that even if they were, the ordinance was not narrowly tailored because it would allow, for example, a huge flashing holiday sign.

The opinion in the case makes clear that governments should not be in the business of looking at the substance of speech, except in the most superficial manner – for example, to determine if something is commercial speech or not.  Because the law is not entirely clear in this area, if the Town of Cary appeals, the resulting opinion should be instructive.  Hopefully the Fourth Circuit would affirm the district court and take another step to ensure that core speech is relatively unmolested.  Especially political speech that you write on your own house.

Kudos to Mark and to the First Amendment.