The Brookings Institution will release a new school choice policy guide on February 2nd, and from the sound of it, children, parents, taxpayers, and the authors themselves should be concerned.  The guide will provide:

a series of practical and novel recommendations for reauthorization of the Elementary and Secondary Education Act, including national chartering of virtual education providers; expanding the types of information collected on school performance; providing incentives for low-performing school districts to increase choice and competition; and creating independent school choice portals to aid parents in choosing between schools.

The goals these recommendations are meant to achieve are entirely laudable, but there are three reasons for serious concern:

1)  The Constitution delegates to the federal government no power to provide or regulate education services, except in the execution of its explicitly enumerated powers. So the Supreme Court can ensure that state education programs abide by the Fourteenth Amendment, for example, but Congress cannot “charter virtual education providers.” Of course the federal government has been transgressing the limits on its education powers for more than half a century, but no one who supports the rule of law can condone that transgression, much less its expansion.

2)  From a regulatory standpoint, Washington is the worst level of government at which to implement an education program. National education programs impose a single set of rules on every participating provider in the country. Get those rules wrong – either up front or down the road – and you not only hobble the effectiveness of every single provider, but you eliminate the possibility of comparing outcomes between providers operating under different sets of rules. In essence you lose the ability to distinguish between different “treatments” – to determine what helps and what is harmful to the service’s overall success.

3)  We have ample evidence about the quality of education programs implemented by the federal government. For example, after 45 years and $166 billion, Head Start has just been proven entirely ineffective. (See also the NCLB paper linked to in “1)”, above). Once again, this problem is exacerbated by the all-encompassing nature of federal programs. Get them wrong and you get them wrong for every participating student, everywhere in the country. With variation in programs among states, by contrast, we not only have the ability to compare the merits of alternative approaches, we have powerful incentives for states to get their programs right. Just as tax competition drives businesses from one state or nation to another, so, too, can education policy competition. States with better policies will attract businesses and more mobile residents from states with worse ones, eventually compelling the inferior policy states to redress their errors.  We’re just beginning to see the prospects for this now, as school choice programs proliferate and grow at the state level, and introducing national programs that might well interfere with this process would be a disastrous mistake.

I hope that school choice advocates, including those who have contributed to the forthcoming Brookings report, will weigh these concerns.