Topic: Education and Child Policy

A Governor’s Warped Priorities

The governor of New Hampshire just submitted an amicus brief in the lawsuit against the “Live Free or Die” state’s scholarship tax credit program. Last year, Governor Maggie Hassan unsuccessfully sought its repeal. The brief offers nothing new in the way of legal arguments. As with the ACLU and, unfortunately, the trial court judge, the governor’s brief tries to imagine a constitutional difference between tax credits and tax deductions and absurdly assumes that money that a private corporation donated to a private nonprofit that financially assists private citizens sending their children to private schools is somehow “public” money because the state could have collected it in taxes had the legislature so decided. This claim contradicts both logic and the U.S. Supreme Court’s holding in ACSTO v. Winn:

Like contributions that lead to charitable tax deductions, contributions yielding [scholarship] tax credits are not owed to the State and, in fact, pass directly from taxpayers to private organizations. Respondents’ contrary position assumes that income should be treated as if it were government property even if it has not come into the tax collector’s hands. That premise finds no basis in standing jurisprudence. Private bank accounts cannot be equated with the … State Treasury.

The Cato Institute submitted an amicus brief defending the constitutionality of the program back in November.

What’s noteworthy here is not the legal reasoning, but the governor’s chutzpah. First, as the Union Leader noted, “Hassan is pushing state-funded, need-based scholarships for college students while trying to eliminate need-based scholarships for students in grades K-12.” The governor’s amicus brief does not explain why direct public expenditures that students can use at a Catholic college are perfectly constitutional but a low-income student using a tax-credit scholarships at a religious elementary or secondary school would, as her amicus brief melodramatically puts it, “jeopardize both the hallowed underpinnings of religious tolerance and freedom, and the prohibition against entanglement made sacred by [the] New Hampshire Constitution.” 

Second, Hassan is a strong proponent of “research and development” tax credits that pick winners and losers among certain types of businesses and business activities, thereby distorting the market. Moreover, by the governor’s faulty logic, these tax credits constitute direct subsidies of public funds to profit-seeking entities. R&D tax credits clearly reduce state revenue to fund activities that businesses are generally doing anyway for their own financial self-interest.  

By contrast, scholarship tax credits expand the market for private education without distorting it. Parents pick winners and losers among schools rather than the government. The corporations who receive the 85 percent tax credits do not benefit financially – indeed, they’d be better off financially had they not donated at all. Moreover, the Josiah Bartlett Center projected that, if fully utilized, the scholarship tax credits would save New Hampshire taxpayers millions of dollars in the long run by reducing state expenditures by more than they would reduce state tax revenue.

In short, Governor Hassan supports corporate welfare but opposes tax credits that assist low-income families seeking the best education for their children.

The Administration’s School-Discipline Push, Cont’d.

As Andrew Coulson explained, the federal Justice Department and Department of Education have sent out a “Dear Colleague” letter discouraging schools from pursuing strict discipline policies against student misbehavior, especially against “routine” or “minor” infractions; Education Secretary Arne Duncan cited tardiness and disrespect as examples of the latter. 

Assuming that the federal government has somehow acquired the legitimate constitutional authority to begin dictating the fine points of disciplinary policy to local schools in the first place—a big if—it might seem at first that much of this is innocuous. Some early press coverage, for example, makes it sound as if the letter is mostly aimed at obtaining a reconsideration of zero-tolerance policies (long criticized by libertarians) as well as the sorts of suspensions and expulsions that are based on far-fetched dangers like finger guns or forbidden hugs.

Unfortunately, there’s much more. The letter represents the culmination of a years-long drive toward imposing tighter Washington oversight on school discipline policies that result in “disparate impact” among racial or other groups. Policies that result in the suspension of differentially more minority kids, or special-ed kids, will now be suspect—even if the rate of underlying behavior is not in fact uniform among every group. (Special-ed kids, for example, include many placed in that category because of emotional and behavioral problems that correlate with a higher likelihood of acting out in misbehavior. Boys misbehave more than girls.)

In 2012 Senate testimony, Andrew Coulson noted:

  1. Compared with the alternatives, the use of out-of-school suspensions appears to improve the learning environment for other (non-disciplined) students by protecting them from disruption.
  2. Zero-tolerance policies were adopted in the first place in part as a way for administrators to try to defend themselves against disparate-impact charges. In other words, the new supposed remedy (disparate-impact scrutiny) helped cause the disease to which it is being promoted as the cure.

If the policy helps speed the correction of some overly harsh, mechanical school policies (both under the zero-tolerance rubric and otherwise), it may have some positive side effects. But the disparate-impact premise is a pernicious one that’s sure to create many new problems of its own.

C/P and adapted from Overlawyered.

Education Guns Fire Blanks in War on Poverty

A lot of federal weapons were created to fight President Lyndon Johnson’s ”War on Poverty,” and some of the biggest were in education. The Elementary and Secondary Education Act, the Higher Education Act, and Head Start are all parts of Johnson’s overall effort to end poverty and create a “Great Society.” They also share two other things in common: pretty damning evidence that they are failures, and Cato videos laying out the bad news.

The first video – which calls for the end of the U.S. Department of Education, but in so doing highlights ESEA and HEA programs – presents the big evidence of K-12 and higher ed failure: massive spending, stagnant test scores, and turbo-charged college tuition inflation. Of course, a lot of variables affect these things, but there is simply no compelling evidence of federal success. 

The second video is of Cato’s recent forum, “Preschool Education: What the Research Says.” While there is a great deal of debate about the effectiveness of preschool generally, there seems to be consensus that Head Start has few, if any, meaningful, lasting, positive effects. Yet not only do we stick with it, President Obama is pushing to expand federal preschool intervention, to the tune of $75 billion over ten years.

What keeps these misfiring, War on Poverty blunderbusses in service? Not their effectiveness, because, well, there is precious little evidence of any. Most likely, it is that it’s very compelling to “help” the young and poor with big programs, while it is cost prohibitive for the average American, with a full-time job and other interests, to research whether these programs actually help. Finally, for most politicians – where the public-sentiment rubber meets the public-policy road – the costs of appearing not to care are much too great to act on the powerful evidence that voters rarely see.

Hopefully, voters will see these videos.

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

Administration’s Good Intentions Could Hurt Black Students’ Achievement

Today the Department of Education and Justice Department released new discipline guidelines intended to reduce racial disparities in punishment in the nation’s schools. The move stems from a combination of factors: African-American students are disciplined more harshly, on average, by public schools; and suspensions and expulsions are associated with negative long-term educational outcomes for the disciplined students. The guidelines are technically voluntary, but as the Associated Press reports, “the federal government is telling school districts around the country that they should adhere to the principles of fairness and equity in student discipline or face strong action if they don’t.” Unfortunately, this federal pressure may end up hurting black students far more than it helps them.

The problem is that while expelling disruptive students may be associated with negative educational outcomes for the disruptor, it is associated with positive educational outcomes for the rest of his classmates. That is the finding of a uniquely sophisticated study conducted by Joshua Kinsler and published last year in the prestigious International Economic Review (a draft is available here). Kinsler found that cutting out-of-school suspensions in schools with many disruptive students lowers overall student achievement.

In that and earlier work, Kinsler also discovered that the disparity in punishments handed out to students of different races is almost entirely explained by the schools the students attend, and not by racism. Black students, Kinsler found, are more likely to attend schools that have harsh discipline policies, and hence are more likely to receive harsh discipline. But, within a given school, the punishments accorded to white and black students are generally the same. Majority black schools with severe discipline policies apply those policies in the same way to their white students, and majority white schools with more lenient policies also apply those policies in the same way to their black students (see Kinsler’s 2011 study in the Economics of Education Review, a draft of which can be found here).

There are much better approaches to school discipline than those practiced in most public schools today, but until such time as those policies become widely adopted, simply pressuring districts to mete out less severe punishments seems likely to drive down the academic achievement of the very students it is meant to help.

What are those better discipline policies and how can we encourage their widespread adoption? I offered some suggestions in my Senate testimony on the subject a little over a year ago.

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.

UPDATE: OH Legislator Drops Anti-Homeschool Bill

In the wake of a “grassroots tsunami,” the Ohio legislator who had proposed the worst anti-homeschooling bill to date has now withdrawn the controversial and misguided legislation:

On Thursday, [Democrat State Senator Capri] Cafaro released the following statement in regard to Senate Bill 248 [a.k.a. “Teddy’s Law”]:

“SB 248 was never meant to be a policy debate about educating children in the home. It was meant to address weaknesses in the law pertaining to child protection. Unfortunately, the true intent of the bill to curtail child abuse has been eclipsed the by the issue of homeschooling.”

In fact, the bill was entirely about homeschooling. The bill would have forced all would-be homeschoolers to seek permission from the government to educate their own children at home. Homeschooling parents would have had to submit to background checks and social services would interview each member of the family separately, then the government would decide whether homeschooling was in the children’s “best interest.” In other words, the government would treat all homeschooling parents as child abusers until proven innocent.

 It is said that the price of liberty is eternal vigilance. This episode demonstrates that vigilance pays off.