Topic: Education and Child Policy

“Nice Charter School Bill You Got There… Shame If Anything Were To Happen To It”

The latest politician to blur the lines between legislating and running a protection racket is Representative Dan Eaton, division chairman of the New Hampshire state legislature’s powerful House Finance committee.

In what Charles Arlinghaus of the New Hampshire Union Leader generously described as “a rare moment of candor”, Rep. Eaton recently stated during a committee hearing that he was going to hold up an entirely uncontroversial bipartisan charter school bill purely for political purposes. As he explained, “I’m looking at this as political. We have a [budget] negotiation [with the state senate] coming up in June and I want to have a trump card or two, and this is … a very healthy trump card.”

Arlinghaus breaks it down:

Consider what he’s saying: He liked the bill and supports the policy, but he believes he can use the bill as part of a hostage negotiation with the Senate. He wants to say to the Senate “I know you want this, but we’ll kill it even though we like it too unless you do something else we want that is completely unrelated.”

Without question, some give and take and normal compromise will be part of a budget process. Everyone expects the House and Senate to pass different budgets and to then negotiate over the details of what gets included. But this bill isn’t part of that process and wouldn’t be part of that negotiation unless Eaton gets to keep it captive in a back room. In effect, he’s looking at charter schools and saying, “I’m sorry you got caught in the crossfire, but I think I can sell you for a good price.”

The bill in question was intended to clear up a misunderstanding about a recent change to the Granite State’s charter school law that the state attorney general’s office understood to mean the opposite of what the legislative authors had intended. The bill, which restored the previous statutory language, had already received a positive recommendation from the NH House Education Committee and passed the full NH House on a voice vote, meaning that the support was so overwhelming that it was unnecessary to count the votes in favor and opposed. What seemed like common sense to most legislators apparently looked like an opportunity for political hostage-taking for Rep. Eaton.

Without the fix, the five new charter schools that are already in the governor’s budget cannot be authorized. Even a delay until the budget negotiations in June will jeopardize the ability of these charter schools to be ready to open in September.

As a former member of the New Hampshire House of Representatives, I can attest that the “Live Free or Die” state’s citizen legislature often embodies the highest ideals of self-government. Most of the legislators I encountered in both parties were principled and completely dedicated to making New Hampshire an even better place to live. Unfortunately, these sort of legislative shenanigans leave a stain on the august institution. Let us hope that sunlight proves to be a sufficient disinfectant.

School Choice Gains Momentum in Idaho

For the first time in state history, the Idaho House of Representatives passed a scholarship tax credit (STC) bill. Like the bill that the Alabama legislature passed last month, Idaho’s STC legislation is a step in the right direction though it has some limitations.

The Idaho bill would grant tax credits to individuals and corporations in return for donations to nonprofit scholarship granting organizations (SGOs). The SGOs would fund low- and middle-income students attending nonpublic schools. To be eligible to participate, a family’s household income could not exceed 150% of the federal free-and-reduced lunch program’s income threshold ($63,964 for a family of four). According to the Friedman Foundation for Educational Choice, that would cover about 59% of Idahoans. The program is limited to students who attended a public school in the previous year or are entering kindergarten or first grade.

The program would be capped at $10 million per year. While the cap would adjust for inflation, there is no “escalator” provision to grow the program over time to meet demand, as in Arizona, Florida, and New Hampshire.

The program would also require participating private schools to administer standardized tests. This is an unnecessary provision that’s intended to provide accountability but could exacerbate the “teach to the test” problem. The most effective form of accountability is the chosen schools’ direct relationship with parents who can choose to leave if their kids’ needs are not met. Most STC programs do not require schools to administer standardized tests, yet many schools voluntarily administer them because parents desire it. However, when the state mandates testing to participate in school choice programs, there are fewer choices available to parents who want to avoid the “teach to the test” issue.

Despite the bill’s limitations, the Idaho House of Representatives just took the Gem State one step closer to having an education system that empowers families to choose the education that best meets their kids’ individual needs.

Beware the Data, II

A couple of months ago I warned about the dangers of having government gather and publish growing reams of information in the name of making education better. Sure, it sounds great – help people get as informed as possible! – but the dangers are legion. You can read about several such pitfalls in that old post. You can also get a sense of the great wealth of data already out there in this op-ed. What I haven’t discussed – and what might concern many Americans more than anything else – is the threat that massive data collection poses to our privacy.

Articles over the last week or so have started to draw significant attention to the growing education-information complex and its connection to long-standing efforts – especially federal – to accumulate information on Americans from birth to boardroom. Gaining particular traction has been a story about how student data collected in New York could be sold to companies or other entities outside of school districts. Even more concerning is a story by Joy Pullmann in the Orange County Register about lots of data collection and mining that is either already happening or under consideration nationwide.

What’s especially troubling to some people, including Pullmann, is that not only is there ever-growing centralization of curricula such as the federally backed Common Core, as well as centralized testing of knowledge, but there are also moves to assess students’ “affect” that could include wiring them to “facial expression” cameras and “skin conductance sensors.” Contemplating such things, it’s hard not to conjure up images of A Clockwork Orange.

When you read the federal report that proposes using “affective computing methods” such as skin sensors, it doesn’t appear that the authors have nefarious, big-brother intentions. The object of the report is to examine how students’ “grit” and perseverance can be improved, and that is a reasonable goal. Similarly, furnishing information about the academic status of incoming freshmen at a college, the amount they learn while in school, and how well they fare after graduation, is driven by good intentions.

But we must never feel content with good intentions. We must care primarily about the effects of the policies stemming from our golden goals, and as I’ve written previously, there are likely big, negative, immediate effects that would go with empowering more government data collection. There are also potentially even worse long-term consequences, including that government would begin to try to adjust students’ feelings and attitudes if doing so might produce better test scores or some other, politically determined, outcome. Indeed, such affect-engineering arguably already takes place with huge increases in ADD and ADHD diagnoses that lead to personality-altering drug-taking.

It’s easy – and almost always innocent – to say that we need more information so that we can make things work better. But with that comes very big potential dangers we must never ignore.

Cross-posted at seethruedu.com

Because a Less Informed Public Is a More Compliant Public

Remember when organized teachers used to be big on civic education and raising awareness about the voting process? Times have changed, as Jeff Mapes of the Oregonian reports

The Oregon Education Association wants state legislators to remove the notice on ballot envelopes warning voters of a potential property tax hike in upcoming elections. 

Oregon voters passed the requirement as part of Measure 47 in 1996, but the union sees now as a politically propitious time to get rid of it: 

Union officials say the warning, which the law now requires to be “boldly printed in red,” unfairly singles out property tax measures and is not needed because the ballots themselves contain clear information about proposed tax hikes.

Critics and taxpayer advocates say the union’s objective is to reduce turnout by tax-skeptical voters, especially in low-participation off-year elections where the union might otherwise prevail just by turning its own people out. (An uncharitable observer might even see the aim as “voter suppression.”) The union’s response is a classic: 

[OEA spokeswomen Becca] Uherbelau said the teachers union is not trying to depress turnout.

“Our history has shown that we have done a lot to increase voter participation,” she said, noting that the union has frequently spent money encouraging people to vote in local school levy and bond elections.

Right, because a history of dragging their own supporters to the polls totally refutes suggestions that they’re trying to reduce the likelihood of their adversaries’ backers making it there.  

The Continuing Debate Over Scholarship Tax Credits

Though there are currently more students participating in scholarship tax credit (STC) programs than voucher programs nationwide (about 151,000 to 104,000), the former have not received nearly as much attention as the latter. That has begun to change in recent years as growth in the number of STC programs has outpaced growth in voucher programs.

Over the past week, I have enjoyed engaging in a spirited debate over STC programs with Professor Kevin Welner of the University of Colorado at Boulder. The debate was sparked by Valerie Strauss’ blog post at the Washington Post, which contained several significant errors that I addressed here. Welner then responded at Strauss’ blog and we continued to spar here and here. It is my sincere hope that readers who have followed the debate have found it illuminating.

Though I suspect that Welner might not share my aspiration for universal educational choice, we have a least found common ground in the belief that, given limited resources, such programs should first aid those most in need. I also agree that our three primary areas of contention are: 1) the differences between STC programs and vouchers and their significance; 2) the fiscal impact of STC programs; and 3) who receives tax-credit scholarships. I will address Welner’s latest arguments on these matters below.

First, however, I must make two important corrections to Welner’s last post. In explaining why he did not provide context for some of his remarks, Welner wrote: “Much of this change happened in the aftermath of the 2010 midterm elections, when Republicans swept into state offices in very large numbers.” Actually, only five out of the fourteen STC programs (in Louisiana, New Hampshire, Oklahoma, Virginia and one of the two in Pennsylvania) were adopted in the wake of the 2010 midterm elections. Moreover, there was strong support among Democrats in two of those states. Pennsylvania’s 2012 STC legislation passed with the support of 15 of 20 Democrats in the Senate and unanimous support in the House. In Louisiana, the legislation passed with the support of 11 of 15 Senate Democrats (32-7 total) and 32 of 45 House Democrats (66-37 total).

Scholarship Tax Credits vs. Vouchers

Welner wonders why I did not use the term he invented to describe scholarship tax credit programs. “Neovouchers” is a confusing term that appears nowhere in any of the fourteen STC laws. It also blurs the distinctions between STCs and vouchers, which I have described previously. I have likewise avoided the term “opportunity scholarships” because it is essentially meaningless as well. The terms “scholarship tax credits” or “education tax credits” accurately describe a program in which individuals or corporations receive tax credits for donating to scholarship organizations that fund low- and middle-income students attending nonpublic schools. I don’t begrudge Welner for using the term that shares a name with his book, but I also don’t see why he should expect that others should adopt it.

In my previous posts, I argued that these two policies have similar ends but very different means and therefore should be called by different names. I then explained how the means are different, particularly their funding (public vs. private money) and administration (government-run/centralized/uniform vs. privately-run/decentralized/diverse). Welner then responds, essentially, “Yes, but their ends are nearly identical!” I would suggest that he misses the point.

Welner also takes issue with the examples I gave of courts that decided the question of whether tax credits constitute public or private money. Welner noted correctly that some of those cases did not pertain directly to scholarship tax credit programs. What he misses is that this fact strengthens my point. State courts have ruled that tax credits do not constitute “public funds” both with regard to STC programs and other forms of tax credits. This consistency shows that STC programs are not merely a legal loophole or “money laundering”, as Welner called it. The freedom of citizens to direct their own money makes such tax credit programs qualitatively different in policy terms and this difference is reflected in the law, not arbitrarily invented by it.

Credible Evidence of Savings

Welner points out that I overinterpreted his statement that he would not be surprised if Florida’s STC program generates savings. Instead, he holds that the available evidence does not support that conclusion. He argues that we do not have all the data necessary for a conclusive determination so he throws up his hands. In fact, there is credible evidence of savings.

The best available estimate of any STC program’s fiscal impact is from Florida’s Office of Program Policy Analysis and Government Accountability (OPPAGA). This is important since Florida’s STC program is the least likely candidate for realizing savings (with the possible exception of Georgia’s). Florida offers the maximum possible tax credit (100%) whereas programs in seven of the other ten states offer only partial credits, as low as 50% in Indiana and Oklahoma. Florida has the largest average scholarship size and the highest ratio of scholarship size to average public school operating per pupil expenditures, as shown in the table below. (Note that the National Center for Education Statistics’ calculation of total per pupil expenditures excludes unfunded pension liabilities. Moreover, low-income students generally cost the state more money than average to educate.)

 

State

Average scholarship size

Public school average per pupil expenditures

Scholarship size compared to PPE

Arizona (corporate)

$1,861

$9,641

19.3%

Arizona (individual)

$2,077

$9,641

21.5%

Florida

$3,664

$11,626

31.5%

Georgia

$3,494

$11,498

30.4%

Indiana

$880

$10,040

8.9%

Iowa

$1,031

$11,126

9.3%

Pennsylvania (individual)

$990

$13,712

7.2%

Rhode Island

$2,727

$14,897

18.3%

[This chart excludes Arizona’s STC program for special needs students and the STC programs in Louisiana, New Hampshire, Oklahoma, Virginia and Pennsylvania’s corporate program, which were only recently launched or have yet to launch. Table includes the most recent data available in each category.]

Now Welner is certainly correct that savings depend on the ratio of switchers to stayers, but the data I’ve provided thus far indicates that the percentage of switchers does not have to be very high to realize savings in most states. Welner was rightly skeptical of OPPAGA’s 2008 report, which made an educated guess that 90% of scholarship recipients were switchers. However, OPPAGA’s 2010 report and 2012 revenue estimating conference relied on U.S. Census data and found that their previous estimate of switchers had been too low, since 94.6% of scholarship-eligible low-income students were attending public schools in the year before the STC program took effect. As Jon East explained in RedefinED, “The estimating conference went even further, combining American Community Survey data from 2005-09 with private school enrollment data to make projections about the actual number of low-income students enrolled in each grade level in private schools in 2012.” The more recent report projected savings of $57.9 million for Florida in 2012-13.

Welner is also correct that the analysis of the total fiscal impact of STC programs should not stop there. States that offer less than Florida’s 100% tax credit should also account for the impact of the deduction of non-credit eligible portion of the donation, as well as the caps on deductions. A complete fiscal analysis would also have to include other government programs or tax credits that are available in a given state. I agree with Welner that in most states, we need more data. However, the evidence of savings in Florida is strong, even accounting for Welner’s caveats. And if there are savings in the least likeliest of states, then there are likely savings elsewhere.

Clear Benefit to Low-Income Families

In my previous posts, I criticized Strauss for claiming that low-income families do not benefit from tax-credit scholarships. Welner admits that STC programs “provide financial assistance to many lower-income families” but says that he “didn’t read [Strauss’] statement to be saying that zero low-income families receive neovouchers. ” Once again, Strauss correctly noted that tax-credit scholarships do not cover the full cost of tuition, then incorrectly concluded: “Poor families can’t make up the difference. Guess who can.” That’s a fairly unambiguous statement. Strauss didn’t even qualify her claim by referring to “most” or “some” low-income families, let alone provide any evidence to support her claim. If she wants to be taken seriously as a responsible commentator, she should correct the record.

Likewise, Strauss has not yet rescinded her fallacious charge that STC programs are “welfare for the rich” because the donors somehow benefit from the tax credits. As I have demonstrated, the donors break even at most. Even Welner abandoned that line of argument in his latest post. Again, Strauss has a duty to correct the record.

In his latest post, Welner conceded that all of the STC programs are means-tested but for Georgia’s and one of Arizona’s two programs. However, Welner expressed skepticism about the organization that issued the study showing that two-thirds of scholarship recipients in Arizona fall under 185% of the federal poverty line. He also noted correctly that the income thresholds in some states allow some middle-income families to qualify as well. That said, it is unclear why he ignored the evidence I provided from state governments showing that the average income of scholarship recipients is far below the means-testing thresholds. For example, the average income of recipient families in Pennsylvania was only $29,000, just under half of the state’s income threshold at the time. Welner has not explained why we should assume that recipients in other states look significantly different, especially when there is evidence of similar patterns.

Welner calls for more a more comprehensive state-level reporting system. I am sympathetic to this suggestion, though I believe that states should proceed with caution. Scholarship organizations are already more regulated than ordinary nonprofits, like the Salvation Army or Red Cross. While regulations vary by state, STC programs generally have more stringent accounting standards, reporting requirements, and some states even require background checks for employees. Every STC program requires that scholarship organizations spend no more than 10% on administrative costs, the exceptions being Florida’s 3% maximum and Pennsylvania’s unnecessarily high 20% maximum. (It’s important to note that a government study found that 62% of Pennsylvania scholarship organizations disbursed 100% of their collected funds while only 5% used the maximum administrative expenses.)

Our education system should empower families to choose the education that best meets their kids’ individual needs. Scholarship tax credit programs move our education system toward that goal. As with all government programs, we should constantly reassess whether STC programs are achieving their desired ends and make any necessary changes. I would like to thank Professor Welner for taking the time to discuss this important matter.

 

[Update: An earlier version of this post incorrectly labeled total per pupil expenditures as operating per pupil expenditures.]

‘Undergrads Required to Lobby for Obama Policy’—-Cont’d

As I noted in this space the other day, GWU law professor John Banzhaf on Monday sent out a press release boasting of having assigned undergrads to lobby for New York City-style soda bans or, alternatively, other ventures in “obesity policy.” Reactions include Katharine Mangu-Ward at Reason (“I’m gonna guess there aren’t a lot of libertarians in his class”), George Leef at Phi Beta Cons, and UCLA law professor Stephen Bainbridge:

I wonder what people would say if I made my students write letters to their congressman supporting Senator Shelby’s Dodd-Frank corrections bills? Actually, I don’t wonder. They’d say I was abusing my power. And they’d be right. Only someone blinded by their own self-righteous arrogance would fail to see the gross impropriety here.

Now Banzhaf has sent out another press release, which aside from tossing an inaccurate brickbat or two at my motivations for writing about him, takes care to specify—as his Monday press release did not—that students in the class are free to propose lobbying for at least some ideas that might count as deregulatory. The two examples he gives are as follows: “students could also ask legislators to reduce limits on the sale of items from food trucks [or] cut back on unnecessary food-related regulations.”

Whether liberty-minded students could actually get course credit for lobbying against food-related positions that Banzhaf favors—as distinct from seeking out some subtopic in the field where their views and his happen to coincide—remains unclear. If they are free to lobby against policies identified with the Obama administration and NYC’s Mayor Michael Bloomberg, then that makes utter nonsense of the headline bannered over the press release Banzhaf sent out on March 4: “Undergrads Required to Lobby for Obama Policy.” So which is it? 

[cross-posted, with some adaptation, from Overlawyered]

Banzhaf’s Boast: “Undergrads Required to Lobby for Obama Policy”

I normally resist the temptation to pay attention to George Washington University law professor John Banzhaf, given his reputation as a bit of a publicity chaser, but this Monday press release from him was enough to get me to forsake my usual practice: 

Undergrads Required to Lobby for Obama Policy

At 4 PM today, undergraduate students in a major university will be assigned homework requiring them to lobby their local legislators in favor of a major Obama policy – fighting obesity.

FOR IMMEDIATE RELEASE PRLog (Press Release) - Mar. 4, 2013 - More specifically, some 200 undergrads will be asked to contact legislators in their home cities, counties, or states asking them to adopt legislation similar to that already adopted in New York City – and apparently to be considered in D.C., Cambridge, Mass, New York State, and perhaps elsewhere  – banning restaurants, delis, movie theaters and many other businesses from selling high-sugar drinks in cups or containers larger than 16 ounces.

Because asking the students to lobby on behalf of whatever opinions they themselves actually consider worth lobbying for would just be too old-school. Readers at Overlawyered have met Prof. Banzhaf before in various of his academic and activist capacities: proposing lawsuits against parents of obese children and against doctors who do not adequately warn their patients against obesity, urging that parents who smoke not be allowed to adopt kids, threatening school officials in Massachusetts with lawsuits naming them personally if they allow soft drinks to be sold on school property, promoting suits against individual administrators at his own institution, GWU, and filing a losing complaint against single-sex dorms at crosstown rival Catholic University of America.

Monday’s Banzhaf press release does mention that students will be given other optional topics to lobby about if they don’t pick the NYC-style soda ban. All the other examples given, however, involve alternative ways of extending regulation and taxation in the food and beverage realm. Presumably any student that believes that the government should stay out of this area has had the foresight to drop the course.