Tag: voucher

Arne Comes Through…in a Bad Way

Yesterday, I had an op-ed go up on Townhall.com summarizing what I think of President Obama’s first 100 days when it comes to education. Long story short: Lots of nice-sounding rhetoric, but the opposite of real reform.

Today, U.S. Secretary of Education Arne Duncan – who has embodied the administration’s all-talk, awful-action approach to education – did me a real solid by penning an op-ed for CNN.com beautifully illustrating exactly what I wrote.  Whether it’s his effusive praise of his boss for shoveling tons of federal dough into already obese schools, or his empty, jargon-soaked rhetoric about change – “These discretionary funds are a carrot for educators who will break the mold, scale up successful programs and transform whole school systems” – Duncan really drives home my point.

And so, thanks for coming through for me, Arne! Now, about those DC voucher kids

Support For Choice in SC Probably Even Higher Than Reported

I just wanted to follow up on a question Andrew Coulson raised last week about a poll showing a plurality of South Carolina African Americans in support of school choice. Andrew notes:

A new poll released today reveals that 43 percent of African Americans in South Carolina support private school choice while only 40 percent oppose it. What’s even more interesting, however, is that 53 percent said that “giving parents a tax credit or scholarship to choose the best school for their children — public or private — would improve the state’s dismal high school graduation rate.”

So an additional 10 percent of respondents think the program will work but don’t currently support it. Why? Perhaps because many black religious and political leaders in South Carolina have criticized the concept for years.

Certainly opposition from black leadership has probably softened support, but I don’t think that explains the difference in support between the first and subsequent questions. As Andrew notes, the other results peg pro-choice responses consistently at 53 percent.

Here’s the question in full: “Should parents, grandparents or custodial relatives be allowed to receive state scholarships for their children to go to private school if they feel the public school is not meeting their children’s needs?”

First, the description of the tax credit program instead implies a state voucher program. This is bad wording, but probably doesn’t drop support since black support for vouchers tends to be equal or higher than support for credits.

I think the real problem here is the phrase phrase “state scholarships.” This sounds to me like there very well could be conditions, such as academic merit, placed on who is eligible for the “state scholarships.” There are need-based and merit-based scholarships, but they are typically not available to all, and the question is at the very least confusing. This ambiguity, with the suggestion of limited availability, might have softened support/increased undecideds.

In the context of consistent 53 percent support on other, better-worded choice-related questions, I think we can reasonably conclude that poor question wording on the first question likely dropped support for school choice about 10 points.

We really need to be careful with public policy questions … small changes can have a serious impact on the results.

Arne Duncan Wins the Chutzpa Award …

arne-duncan1Arne Duncan has an op-ed in the WSJ today headlined, “School Reform Means Doing What’s Best for Kids: Let’s have an honest assessment of charter schools.”

So how about an honest assessment of how the DC voucher program is doing?

I guess I won’t hold my breath, since Duncan already neglected to bring the findings to light during the debate in Congress and then he tried to bury and spin away the positive results when they did come out. And then he needlessly prevented 200 poor kids from enjoying good schools for at least next year.

President Obama and Duncan’s unwillingness to address the facts show that they have been hypocritical and dishonest on education.

I can’t say it any better than Juan Williams did:

By going along with Secretary Duncan’s plan to hollow out the D.C. voucher program this president, who has spoken so passionately about the importance of education, is playing rank politics with the education of poor children. It is an outrage …

This reckless dismantling of the D.C. voucher program does not bode well for arguments to come about standards in the effort to reauthorize No Child Left Behind. It does not speak well of the promise of President Obama to be the “Education President,’ who once seemed primed to stand up for all children who want to learn and especially minority children.

And its time for all of us to get outraged about this sin against our children.

9th Circuit Imitates Marcel Marceau

Last month, I warned that the 9th Circuit Court of Appeals would soon be handing the school choice movement a legal setback. Well, it’s here.

As expected, the 9th Circuit has reinstated a lower court challenge to Arizona’s scholarship donation tax credit program. The program allows taxpayers to contribute to non-profit Scholarship Tuition Organizations (STOs) that provide financial assistance to families choosing private schools. The taxpayers can then claim a dollar for dollar credit for their donation.

While this ruling leaves the program intact for the time being, it would almost surely require the tax credit program to be amended if it is allowed to stand. Fortunately, as I noted in my earlier post, the 9th Circuit is overturned as often as a caber at the Highland Games. Its ruling is unlikely to stand if appealed to the U.S. Supreme Court.

At issue is the fact that taxpayers are free to choose the STOs to which they donate their money, and private STOs are free to set criteria for the schools at which their scholarships can be redeemed. There are thus some STOs that offer scholarships only to religious schools. This is essentially the same situation that obtains when taxpayers claim deductions for contributions to non-profit charities. The charities can legally be religious or secular, and they can infuse the services they offer with religion, or not, as they choose. The whole thing is constitutional because it is the taxpayers, not the government, that decides which charity gets their funds. This is all settled law.

To get around the fact that the legal precedents were against it, the 9th Circuit decided to do a compelling impression of Marcel Marceau, pretending to hem itself into an invisible legal box. Specifically, the 9th Circuit decided to pretend that the constitutional restrictions limiting government expenditures (as in school voucher programs) also apply to the private funds at issue under tax credit programs.

That box, of course, does not exist. No government money is spent under the tax credit program, and the tax credits are themselves available on an entirely religiously neutral basis, in scrupulous conformance with the Establishment Clause of the First Amendment.

So here’s my next legal prediction: the constitutionality of the Arizona education tax credit program will ultimately be upheld by the U.S. Supreme Court, and opponents of educational freedom will have to resort to some new ploy in their efforts to herd American families back onto the public school plantation.

The California Legislature Is Being Misled

The California Assembly Committee on Revenue and Taxation is holding hearings today on bill AB 279, the “Great Schools Tax Credit Act.” This bill is much like the scholarship donation tax credit program in Florida, which is a bi-partisan success that saves the state $1.49 for every $1 it reduces state revenue.

But you wouldn’t know that if you read the Committee’s remarkably flawed official Bill Analysis.

Among other things, the Bill Analysis glaringly misrepresents Adam Schaeffer’s ”Public Education Tax Credit” paper, incorrectly calls tax credited donations public funds, omits crucial findings from other states that favor credits, and engages in unsubstantiated speculation.

To address its failings, I penned the following letter which is being distributed to the committee today.

Dear California state legislators,

The official Bill Analysis of AB 279 suffers errors of fact and omission, misrepresents the findings of a paper published by my organization, and will mislead legislators unless these problems are corrected. To address these problems, I respectfully submit this letter.

The Bill Analysis characterizes a 2007 Cato Institute paper as arguing that “vouchers and tax credits deliver similar results” (page 7-8 of the Analysis). This is false. The paper in fact argues that:

Vouchers and tax credits are, however, very different mechanisms for delivering school choice and it is those differences that will be analyzed below. The analysis reveals that tax credits are inherently preferable to vouchers across at least five dimensions.

The above text appears on the same page as one cited in the Bill Analysis, so the author of that Analysis can reasonably be expected to have noticed the boldface section title on that page of the Cato Institute paper: “Why Tax Credits Are Preferable to Vouchers.” The dimensions on which tax credits are found to be preferable include program outcomes such as maximizing the diversity of educational options among which parents are able to choose, maximizing parental and community involvement in education, and creating incentives for long term program efficiency. This directly contradicts the characterization of our paper by the Bill Analysis.

The Bill Analysis goes on to claim that AB 279 appears to be “patterned after the Public Education Tax Credit Act model legislation developed by the Cato Institute’s Center for Educational Reform.” I would be pleased to claim credit for this if it were true, but since the PETC model legislation combines a scholarship donation credit (such as AB 279’s) with a direct credit for parents to use against their own children’s education, it does not appear that AB 279 was based on our model. It is worth noting that our organization’s name is the Center for Educational Freedom, not the Center for Educational Reform as it is referred to in the Bill Analysis.

Among the more surprising omissions in the Bill Analysis is that it fails to mention the only official government fiscal impact assessment of a scholarship tax credit program: a study released last December by Florida’s Office of Program Policy Analysis & Government Accountability. The OPPAGA study finds that Florida’s program, which is similar to AB 279, saves the state $1.49 for every dollar it reduces state revenue. This 49% annual return on investment represents a staggering windfall for the state treasury at a time when budgets are extremely tight. Not surprisingly, Florida’s legislature is currently considering legislation to expand the base of taxes to which the credits can be applied, to maximize the number of families who can benefit, and hence the state’s savings. This follows the Florida legislature’s increase of the program funding cap by 50% last year, with the support of one third of the state’s Democratic caucus, half of its black caucus, and its entire Hispanic caucus. The program is a bi-partisan success.

The AB 279 Bill Analysis is also confused in its assessment of the legal issues. It asserts that AB 279 “encourages the use of public funds for religious activities and education.” This claim is mistaken, and the Analysis unsurprisingly presents to no evidence to support it. Several court cases in Arizona and Illinois have addressed the question of whether non-refundable education tax credits represent the spending of government money, and all have found that they do not. The money donated to scholarship organizations never enters the state’s coffers, and so is not public money. The supreme court of Arizona, for example, has upheld that state’s scholarship donation tax credit program for specifically this reason, while recently striking down two voucher programs because they do use public funds in contravention of a state constitutional prohibition similar to that in California.

Finally, the Analysis is filled with unsubstantiated speculation about what might happen under scholarship donation tax credit programs, but presents little evidence from the most similar programs – those operating in Florida and Pennsylvania – on what is actually happening. Legislators would be wise to request testimony from people familiar with the actual operation of those programs and from families participating in them. Children’s futures are at stake.

Rare Duncan-Free Friday

As readers of this blog, and other fine blogs, have no doubt noticed over the last few weeks, Fridays have been kind of popular with the Obama administration for quietly doing questionable education stuff. Well somehow we’ve gotten through this Friday (as far as we know) without Obama and company trying to slip anything past us, leaving us with nothing new to add to recent posts like this one, and this one, and this one.

Look at this as a blessing, and a chance to catch up on all the recent federal edu-action by checking out today’s Cato Daily Podcast featuring yours truly. I give a quick summary of what the Obama administration has promised and done to date, and a prediction of what it will — and won’t — do when edu-push finally comes to edu-shove. It’s a perfect bit of listening for a surprisingly uneventful Friday afternoon.