Tag: school vouchers

The Common Coring of Private Schools

Today, the Fordham Institute released a “policy toolkit” proposing private schools be required to administer state tests to all students participating in a school choice program, and publicize the results. Private schools that the state deemed persistently underperforming would be expelled from the program. Fordham argues that such measures have the potential to raise student achievement and provide parents with the information needed to make better decisions about their children’s education. Though Fordham’s plan is well-intentioned, their justifications are unpersuasive and their proposal is more likely to do harm than good.

Little Evidence to Support a Testing Mandate for Private Schools

First, there is scant evidence to support Fordham’s claim that test-based accountability measures “may boost student achievement.” Fordham rests its claim on the results of but a single year in a single study of a single school choice program: the final year of the School Choice Demonstration Project’s five-year analysis of the Milwaukee voucher program.

During the first four years of the study, voucher students took a low-stakes test, but in the final year of the study, policymakers increased the stakes by mandating that the test results be publicized and the scores improved. Fordham argues that this proves that high-stakes testing improves performance but one of the study’s authors, Dr. Patrick Wolf of the University of Arkansas, has previously cautioned the Fordham Institute against reading too much into that finding, calling it “enticing and suggestive but hardly conclusive”:

As we point out in the report, it is entirely possible that the surge in the test scores of the voucher students was a “one-off” due to a greater focus of the voucher schools on test preparation and test-taking strategies that year.  In other words, by taking the standardized testing seriously in that final year, the schools simply may have produced a truer measure of student’s actual (better) performance all along, not necessarily a signal that they actually learned a lot more in the one year under the new accountability regime.

But even if the was no question that the higher test scores actually reflected increased performance, it would still only be one study. When Fordham cited this study as support for its proposal six months ago, Andrew J. Coulson responded:

A single study, no matter how carefully executed, is not a scientific basis for policy. Because a single study is not science. Science is a process of making and testing falsifiable predictions. It is about patterns of evidence. Bodies of evidence. Fordham offers only a toe.

By contrast, there is a significant body of evidence that school choice programs work without Fordham’s sought-after government regulation. Of twelve randomized controlled trials—the gold standard of social science research—eleven found that school choice programs improve outcomes for some or all students while only one found no statistically significant difference and none found a negative impact. None of these school choice programs studied were designed along the lines of the Fordham proposal.

In fact, Fordham’s preferred policy is undermined by a large body of evidence. A 2009 literature review of the within-country studies comparing outcomes among different types of school systems worldwide revealed that the most market-like and least regulated education systems tended to produce student outcomes superior to more heavily regulated systems, including those with a substantial number state-funded and regulated private schools. In short, the best form of accountability is directly to parents, not government bureaucrats and their tests.

Holder’s DOJ Wants a Veto over Parents’ Choice of School

Though the U.S. Department of Justice partially backed down on its lawsuit against Louisiana’s school choice program in November, yesterday the DOJ filed its proposal to oversee the program. The program provides school vouchers to low-income families with children otherwise assigned to failing government schools. Among many proposed regulations, the DOJ wants the state of Louisiana to give the federal government the following information about each school choice applicant: 

1. Name

2. Student ID number

3. Address

4. Grade

5. Race

6. School applicant attends in current school year, if any

7. Louisiana School Performance Score (letter grade) for school in (6), above, if applicable

8. Public school district of the school in (6), if applicable

9. District public school applicant would be assigned to attend for the upcoming school year if applicant does not receive a voucher

10. Louisiana School Performance Score (letter grade) for school in (9), above

11. Student enrollment in the school in (9), above, for the current school year, by race

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.

DOJ Still Fighting School Choice in Louisiana

Last week I noted that it was “long past time for the U.S. Department of Justice to drop its embarrassing lawsuit which would keep black kids in failing schools.” The Louisiana Department of Education released a study that completely undermined the DOJ’s case against the state’s school voucher program, showing that the program increased racial integration in most of the schools under federal desegregation orders and had a miniscule impact in the remainder.

Today, Michael Warren of the Weekly Standard reports that the DOJ has dropped part of its fight against school choice in Louisiana:

The Obama administration’s Justice Department has dropped a lawsuit aiming to stop a school voucher program in the state of Louisiana. A ruling Friday by a United States district court judge revealed that the federal government has “abandoned” its pursuit of an injunction against the Louisiana Scholarship Program, a state-funded voucher program designed to give students in failing public schools the opportunity to attend better performing public or private schools. 

“We are pleased that the Obama Administration has given up its attempt to end the Louisiana Scholarship Program with this absurd lawsuit,” said Louisiana governor Bobby Jindal, a Republican, in a statement. “It is great the Department of Justice has realized, at least for the time being, it has no authority to end equal opportunity of education for Louisiana children.”

The move may have resulted from the bad press or a sudden acceptance of common sense, but more likely it was a simply legal maneuver to prevent the Black Alliance for Educational Options and the Goldwater Institute, representing parents of voucher recipients, from intervening in the lawsuit as defendants. As Warren reports:

On Friday, Judge Ivan Lemelle of the U.S. district court of the Eastern District of Louisiana ruled the parents could not intervene in the case because the feds are “no longer seeking injunctive relief at this time.” Lemelle explained that in the intervening months since the Justice Department filed suit, it had made clear both in a supplemental filing and in its opposition to the parent group’s motion to intervene that it was not seeking in its suit to end the voucher program or take away vouchers from students.

Lemelle continued: “The Court reads these two statements as the United States abandoning its previous request that the Court ‘permanently enjoin the State from issuing any future voucher awards to students unless and until it obtains authorization from the federal court overseeing the applicable desegregation case.’”

Lemelle will hold an oral hearing on Friday, November 22, during which Justice will make its case for the federal review process of the voucher program. In his statement on Friday’s ruling, Jindal criticized the federal government’s efforts.

“The centerpiece of the Department of Justice’s ‘process’ is a requirement that the state may not tell parents, for 45 days, that their child has been awarded a scholarship while the department decides whether to object to the scholarship award. The obvious purpose of this gag order would be to prevent parents from learning that the Department of Justice might try to take their child’s scholarship away if it decides that the child is the wrong race,” said Jindal. “The updated Department of Justice request reeks of federal government intrusion that would put a tremendous burden on the state, along with parents and teachers who want to participate in school choice.”

In other words, the DOJ is still seeking the legal authority to prevent low-income kids from escaping failing public schools if the feds say they have the wrong skin color.

New Study Completely Undermines DOJ’s Anti-School Choice Lawsuit

It’s long past time for the U.S. Department of Justice to drop its embarrassing lawsuit which would keep black kids in failing schools.

The DOJ sued Louisiana earlier this year, claiming that its school voucher program may be negatively impacting desegregation efforts. When it became apparent that the DOJ’s evidence amounted to the thinnest of gruel, everyone from Gov. Bobby Jindal and Rep. Eric Cantor to the Washington Post called on the Obama administration to drop its frivolous lawsuit. Even after two PhD students at the University of Arkansas released a study estimating that Louisiana’s school voucher program had a positive impact on racial integration, the DOJ refused to back down. I wrote then:

If the DOJ’s case was already like a house of cards resting atop a rickety stool, then the new University of Arkansas study kicked out the stool. The study, “The Louisiana Scholarship Program,” by Anna J. Egalite and Jonathan N. Mills, finds that the transfers resulting from the LSP vouchers statewide “overwhelmingly improve integration in the public schools students leave (the sending schools), bringing the racial composition of the schools closer to that of the broader communities in which they are located.” Moreover, in the districts that are the focus of the DOJ litigation, the “LSP transfers improve integration in both the sending schools and the private schools participating students attend (receiving schools).”

Now a study sponsored by the state of Louisiana finds that the voucher program improves racial integration in 16 of the 34 districts under federal desegregation orders while having little to no impact on the remainder. Whereas the University of Arkansas study produced estimates based on publicly available data, the Louisiana study reflects the actual effect of the program during the 2012-13 school year. Politicoreports:

Louisiana hired Boston University political science Professor Christine Rossell to analyze the effect of vouchers in 34 districts in the state under desegregation orders. Rossell found that in all but four of the districts – some of which are majority white, some majority black and some more evenly split – vouchers improved or had no effect on racial imbalance. And in the districts where racial imbalance worsened, the effects were “miniscule.”

Louisiana’s voucher program allows students to transfer out of failing public schools into private schools using public funds. The majority of the students participating in the 2012-13 school year — almost 76 percent — were non-white. A total of 551 students used the vouchers.

In the 2013-14 school year, more than 85 percent of the nearly 6,800 voucher students were black. So long as the DOJ refuses to drop its lawsuit — which would have opposite of its supposedly intended effect — the Obama administration’s message to these students is: “If you don’t like your school, you can’t leave your school.”

School Choice Lawsuit Roundup

School choice advocates have been winning in the halls of state legislatures and in the court of public opinion, so opponents have taken to the courts of law. Since the U.S. Supreme Court ruled in Zelman v. Simmons-Harris (2002) that school vouchers are consistent with the First Amendment’s Establishment Clause, opponents of choice have been scrambling to find novel reasons to challenge school choice programs. Here’s a brief summary of school choice lawsuits around the nation:

1) In Louisiana, the U.S. Department of Justice has sued to halt the state’s school voucher program, arguing that it hurts the desegregation effort. The DOJ’s already weak case was further undermined by a new study released today showing that school choice actually improves integration. Since 90 percent of the voucher recipients are black, the DOJ’s lawsuit would have the effect of keeping low-income blacks from attending the schools of their choice.

Earlier this year, Louisiana’s state supreme court ruled that the voucher program was unconstitutionally funded, but otherwise left the program intact. The governor and state legislators adjusted the funding mechanism in response.

2) Two days ago, a group of activists in Oklahoma sued the state over its special needs voucher program, arguing that it violates the state constitution’s ban on using public funds at religious schools. Last year, the state supreme court tossed out a challenge to the program by public school districts, ruling that they did not have standing since they are not taxpayers.

3) On the same day, the Arizona Court of Appeals ruled unanimously that the state’s education savings account program, the first in the nation, is constitutional. Anti-school choice activists had argued that it violates the state constitution’s ban on publicly funding religious schools. The court held that students are the primary beneficiaries and that any “aid to religious schools would be a result of the genuine and independent private choices of the parents.” The decision will likely be appealed to the state supreme court.

DOJ Backpedals on School Choice Lawsuit

In response to withering criticism and political pressure, the U.S. Department of Justice is backpedaling on its lawsuit against Louisiana’s school choice program, which provides school vouchers to low-income students assigned to government-run schools receiving a D or F rating for performance. The lawsuit sought to “permanently enjoin the State of Louisiana from awarding any school vouchers to students attending schools in districts operating under federal desegregation orders” unless the state receives permission from the federal government. Now the DOJ is claiming in a carefully-worded letter to Congress that they were just looking for information:

To be clear, we are neither opposing Louisiana’s school voucher program nor seeking to revoke vouchers from any student. […] Our goal in filing a motion for further relief […] was straightforward: The United States is seeking the court’s assistance in ensuring that the information Louisiana collects in connection with its school voucher program is provided to the United States in a timely fashion and that Louisiana implements its program in full compliance with federal law, including the desegregation order in this case.

Unfortunately, the DOJ is being disingenuous. While their lawsuit would not have revoked vouchers that the state had already distributed, it would have blocked all future vouchers to students in districts under desegregation orders without federal permission. In other words, rather than leaving the choice of school in the hands of parents, parents would have to beg the federal government to allow their children to escape from failing government schools. This is problematic since the DOJ’s absurd definition of segregation would prevent black students from leaving a school that the DOJ deems “insufficiently black” because there are a greater percentage of black students than black people living in the district. For example: