Topic: Education and Child Policy

“Risk and Legal Fear in Schools”

I’m a participant in an online forum put on by Common Good this week about the age of zero tolerance for aspirin pills, bans on games of “tag,” and broken-thermometer lockdowns. From their description:

We entrust our children to teachers and principals with the expectation that they will be both educated and protected from harm. When, inevitably, incidents happen—especially when those incidents are tragic and well-publicized — communities often press for stricter rules and procedures. School administrations have reacted to the shooting at Sandy Hook Elementary School with extreme protectiveness; one school suspended a six-year-old for “pointing his finger like a gun and saying ‘pow,’” while another suspended two boys for playing cops and robbers.

Also featured: Lenore Skenazy, Frederick Hess, Megan Rosker, and Nancy McDermott. From my contribution:

When they “err on the side of safety” in absurd ways, schools reflect trends in the wider society. … Already, by ten years ago, British commentator Jenny Cunningham could write that “A significant body of research evidence now indicates that there has been a drastic decline in children’s outdoor activity and unsupervised play. For example, it has been calculated that the free play range of children — the radius around the home to which children can roam alone — has, for nine-year-olds in the UK, shrunk to a ninth of what it was in 1970. Perhaps most damaging is that a climate has been created in which all unsupervised play is regarded as high risk, and parents or teachers who allow it are seen as irresponsible.” Cunningham notes that families now tend to see the risks of being hit by traffic or (far less likely) abducted by strangers as ruling out outdoor play. “Yet, despite the increasing levels of worry, in reality children have never been safer.” Sound familiar?

I go on to mention CPSIA, the wildly overreaching 2008 law regulating children’s products in the name of safety, and the proliferation of requirements that innocuous everyday chemicals be accompanied by material-safety-sheet paperwork. My conclusion: “If these are the trends in the outside society, how likely is it that schools will be able to resist?”

How about ‘Don’t Give Them Loans at All’?

The big catch phrase for those fighting to keep subsidized student loan interest rates at 3.4 percent is “don’t double my rate.” That’s because the rate is set to increase from 3.4 percent to 6.8 percent on July 1. But if President Obama’s Rose Garden pep rally today is any indication, the phrase should be more like “don’t raise my rate at all.”

The POTUS attacked recently passed legislation in the House–which tracks pretty closely with his own proposal–because, he said, it doesn’t do enough to keep loan rates low. Really? The Smarter Solution for Students Act–which, by the way, is hardly all that smart–would set interest rates for subsidized loans at the 10-year Treasury note plus 2.5 percent. Today, that rate is 2.3 percent. Adding 2.5 to it is 4.8 percent, absolutely not a doubling of 3.4.

Of course, T-bill rates could, and likely will, rise, but the main point is supposed to be to make student loan rates track with normal interest rates rather than have politicians set them arbitrarily. That was certainly the case over the last few years, when student loan rates didn’t plummet along with overall rates. But it seems a tracked rate isn’t really what students and colleges want: they want super-cheap–preferably free–loans, which makes sense (for them). Like normal people, they want money at as little cost to themselves as possible. Unfortunately, but not surprisingly, that is what many vote-seeking politicians want to give them, despite the powerful evidence that aid mainly lets colleges raise their prices at breakneck speeds, fuels demand for frills, and abets serious noncompletion. In other words, it likely does more harm than good.

All of this is why Washington should get out of student aid entirely. But for that to happen, regular people will have to make their catch-phrase, “Don’t give them loans at all.”

It’s Obvious Student Aid Is Driven by Politics. But Not This Obvious

Federal aid for college students, it’s really no secret, is driven by what works politically, not what’s best for students. While logic and evidence strongly suggest that aid mainly enables colleges to raise their prices at breakneck speeds, politicians talk nonstop about aid making college “affordable.” Financial reality simply does not trump appearing to “care.” But on Friday, the Obama administration appears poised to take aid exploitation to a new level.

Tomorrow, the President will host what sounds like will be a textbook, campaign-style event featuring lots of no doubt somber – but oh-so-grateful-to-the-President – looking college students. With the photo-op thus set up, Mr. Obama will demand that Congress do something to stop the impending doubling of interest rates on subsidized federal loans from 3.4 percent to 6.8 percent.

But the GOP-led House has done something, and it is largely along the lines of what the President has called for. Last week, the House passed legislation that would peg student loan interest rates to 10-year Treasury bills, and would even cap rates at 8.5 percent or 10.5 percent, depending on the type of loan. It’s not exactly what the President wants – rates will vary over the life of the loan rather than being set at the origination rate, and the add-on to T-bill rates is higher – but the plans are still pretty close.

At this point, you’d think the President would be negotiating, not grandstanding. But then you wouldn’t understand federal student aid (or, really, almost anything government does). It is first and foremost about politicians – who are normal, self-interested people – getting what they need: political support, not sane college prices. And you get a lot of that support by appearing to want to “help people” more than the other guys.

If ever there will be a blatant, inescapable demonstration of what really drives federal aid policy, it will be the event we are likely to witness tomorrow. Let’s hope the public will get the right message: Politicians aren’t primarily driven by a desire to make college affordable. They’re driven by a desire for political gain. And that’s why we need them to get out of the student aid business.

Colorado High Court Rejects School-Finance Litigation

By a 4-2 margin, the Colorado Supreme Court has rejected a lawsuit claiming that the state’s method of funding public schools is unconstitutional. It overturned a lower court ruling that had held that the current arrangement of funding fails to meet a requirement in the Colorado constitution that the state operate a “thorough and uniform” system of education. [decision in State v. Lobato via KDVR coverage

For years, pushing their Lobato case in the court of public opinion, school-spending advocates have been decrying Colorado schools as underfunded. The state has been given a series of bad ratings on education scorecards, many of which turn out on inspection to measure quality by how much money is spent—thus ensuring that Colorado, which spends less than many other states, will come off badly. This one, for example, ranks Colorado at “C-minus” for reasons that include low overall spending, low teacher salaries, and the state’s failure to fund “induction, mentoring or reduced workloads for new teachers.” 

When you measure outputs as opposed to inputs, on the other hand, the state comes off looking far better. In this ranking of SAT scores, Colorado scores 15th among the 50 states, the best performance of any Western state. In this ranking based on 4th and 8th grade testing, Colorado comes in 11th among the 50 states, trailing only Washington among Western states. 

But modern school-finance litigation only poses as being about educational quality. Its deeper mission is control—specifically, transferring control over spending from voters and their representatives to litigators whose loyalty is to a mix of ideologues and interest groups sharing a wish for higher spending. As I wrote in a draft chapter on school finance litigation cut for space from my book Schools for Misrule:

In the forty years since the pioneering Serrano v. California (California Supreme Court, 1971) school finance lawsuits have been filed in nearly every state, courts in around half the states have thrown out existing finance systems as unconstitutional, and many of them have ordered states to raise school budgets, not merely change the way in which they are financed. Vast sums have been redistributed as a result. Lawmakers in Kentucky enacted more than a billion dollars in tax hikes. New Jersey adopted its first income tax. Kansas lawmakers levied an additional $755 million in taxes after the state’s high court in peremptory fashion ordered them to double their spending on schools.

While filed on a state-by-state basis, the suits have been very much a coordinated national project. For many years their impetus came from the Ford Foundation and its various grantees, notably the American Civil Liberties Union. Furnishing, presumably, the brains of the operation, law-school-based groups have been instrumental, particularly the Education Law Center at Rutgers Law School in New Jersey. …

The educational establishment had always resented the periodic need to go hat in hand – such a demeaning phrase! – to local electorates for tax and bond measures, as if the voters were somehow the bosses and they the servants. School finance litigation promised a more indulgent master, a jurist or panel of them who (it was hoped) would glance over the rows of costing-out numbers, nod appreciatively and feel good afterward about having done something for the children. … School finance litigation is the ultimate monument to the triumph of governance by litigation at the cost of democracy itself. 

Despite the victory in Colorado, there’s no reason to think this war of forty years’ duration (so far) is drawing to a close. 

Support for School Choice Tax Credits Grows Once Implemented

The unanimous decision of the Iowa legislature to expand the state’s scholarship tax credit (STC) program yesterday once again demonstrates that school choice programs grow even more popular once implemented.

Iowa’s STC expansion bill raises the credit cap from $8.75 million to $12 million and expands the types of corporations eligible to receive tax credits for donations to scholarship organizations. The bill adds no new regulations.

Six of the seven states with STC programs enacted before 2010 have subsequently voted to expand those programs. The chart below shows the legislative support and opposition in four of those states. (The expansions in Indiana and Pennsylvania were part of legislation covering other issues so they were excluded from this analysis. The chart includes information for Arizona’s corporate-donor STC program but not its individual-donor STC program, for a similar reason.)

 

Initial Vote For STC Program

Most Recent STC Expansion

State

Year

For

Against

% Difference

Year

For

Against

% Difference

Arizona House

2006

33

26

12%

2012

37

19

32%

Arizona Senate

2006

16

13

10%

2012

20

9

38%

Florida House

2001

76

39

32%

2012

92

24

59%

Florida Senate

2001

33

4

78%

2012

32

8

60%

Georgia House

2008

92

73

12%

2013

168

3

96%

Georgia Senate

2008

32

20

23%

2013

40

11

57%

Iowa House

2006

75

19

60%

2013

97

0

100%

Iowa Senate

2006

49

1

96%

2013

49

0

100%

The most dramatic shift was in Georgia’s State House, which moved in just a few years from a fairly even divide to overwhelming support. Support in Iowa went from overwhelming to unanimous. While Florida’s Senate barely moved, support has grown considerably in the House. Arizona has also had modest increases in support for school choice in both chambers.

A survey by Harvard University’s Program on Education Policy and Governance found that 72 percent of the American public already supports scholarship tax credit programs. The survey found even higher support among parents, African-Americans, Hispanics, and registered Independents and Democrats.

There have not yet been any studies measuring whether support in a given state increases after enacting an STC program, but if legislative support is a reliable proxy then the answer appears to be in the affirmative.

Which State Will Expand School Choice Next?

With over 150,000 participating students in 12 states, scholarship tax credit (STC) programs constitute the largest and most popular form of private school choice. STC programs have expanded rapidly in recent years with six states adopting them since 2011, including Alabama this year. So which state will be next? After yesterday’s disappointing defeat in South Carolina, the answer may lie on the opposite side of the continent.

Earlier this week, Rep. Liz Pike introduced an STC bill to the Washington state legislature. The bill would provide tax credits to corporations donating to state-approved scholarship organizations that fund children from low-income families and children with disabilities attending the schools of their choice.

Like the STC program that New Hampshire enacted last year, the WA legislation follows the best practices from STC programs around the nation and avoids the flaws of the recent bills in Virginia and Alabama. Washington’s proposed STC program would be capped at $100 million in the first year and includes an “escalator” so that the program will grow over time to meet demand and it eschews unnecessary new regulations. The $5,000 cap on scholarships is high enough to benefit low-income families but low enough that the state still has the potential to save money, as shown in this chart from the Freedom Foundation comparing the maximum scholarship size to Washington state’s total public school spending per pupil: 

How Tax Credits Result in Savings. Image courtesy of the Freedom Foundation.

The bill could go farther still by expanding the use of the scholarships to include educational expenses beyond just private school tuition. For example, under New Hampshire’s STC program, scholarships can cover expenses such as tutoring, textbooks, homeschool curricula, and online learning. Adding a similar provision would move the bill from school choice to educational choice, which would foster greater customization and innovation in the delivery of education.

But even without such provisions, school choice programs have been proven effective at improving student outcomes and adopting one would be a great leap forward for Washington’s education system.

Dear Arne: States Have “Unique Circumstances.” Please Coerce Uniformity

The Common Core curriculum standards, we’re all told, are “state led” and “voluntary.” So why are the Chiefs for Change – a group of Core-supporting state education chiefs – writing to U.S. Secretary of Education Arne Duncan to oppose a moratorium on Common Core accountability?

On behalf of Chiefs for Change, thank you for your continued leadership and collaboration on education reform issues, especially as states across the nation work to raise standards and strengthen accountability….

Recently, some members of the national education community have advocated for pulling back on accountability in our schools. With the majority of states across the nation adopting new assessments – based on higher academic standards – in the 2014-2015 academic school year, it is important for state education leaders to communicate in detail how we will sustain strong accountability during this transition.

The members of Chiefs for Change reject any calls for a moratorium on accountability. This position overstates the challenge and undervalues our educators. A one-size-fits-all suspension of accountability measures denies the unique circumstances each state faces. We will not relax or delay our urgency for creating better teacher, principal, school and district accountability systems as we implement more rigorous standards. That is a disservice to our students and would undermine the tremendous amount of preparation our states’ education agencies, districts, schools and educators have contributed to this multi-year effort….

We welcome additional opportunities to work with other states and with our federal partners on strengthening accountability in education.

What the heck is going on here? If this is all truly state led and voluntary, why are the chiefs writing to Secretary Duncan? Doesn’t he have zippo to do with it? And if they are really worried about states having the ability to deal with their own, “unique circumstances,” why do they positively refer to the 2014-15 school year, when Common Core-aligned national tests – selected and paid for by Washington – are supposed to kick in? And if they actually want Washington to have nothing to do with this, why didn’t they just write the following letter, saving themselves lots of time and pixels?

Dear Secretary Duncan,

Please don’t get involved.

Your friends,

The Chiefs for Change

The almost certain answer to all of these questions is that the chiefs know that Washington, through Race to the Top and NCLB waivers, has been the key to Common Core’s spread, and they want the Feds to keep twisting states’ arms. But since few Americans want Washington controlling standards or assessments, they can’t just come out and say this. So they write an obtuse open letter to the U.S. Secretary of Education that talks of states’ “unique circumstances,” and decries a possible accountability moratorium without saying who would, or would not, enact it. And, ultimately, the intended message seems to be “thanks for pushing states to do what we want. Now don’t go wobbly on high-stakes testing.”

Thankfully, as the recent explosion of Common Core resistance is making clear, people aren’t being fooled by the rhetorical tap dancing anymore. They know this is federal, and they are tired of efforts to deceive them.