Tag: North Carolina

Show Me the (Education) Money, Tar Heel Edition!

North Carolina is becoming the latest hot spot in the education funding wildfire—thousands of protesting teachers are expected in Raleigh on Wednesday—so before I deliver the promised wrap up on my state spending series, I thought I’d add NC to the mix.

As you can see on the following chart, North Carolina’s total spending per-pupil, which includes both operational and capital costs, fell appreciably between the 1999-00 school year, the earliest with readily available federal data, and 14-15. It dropped from inflation-adjusted $10,397 to $8,986, a roughly 14 percent decline. Like other states already profiled, spending peaked right before the recession, but unlike hot-spot states Colorado, Oklahoma, and West Virginia, it never recovered to eventually exceed the beginning of the period. It basically kept dropping until the last year in the period.

Where have the biggest changes been? Breaking the spending down in the chart below, the state has generally kept instructional spending pretty steady, ending only 3 percent lower in 14-15 than 99-00. The big drops were in capital outlays and interest on school debt. The latter disappeared almost entirely, and the former dropped 71 percent, from $1,549 to $448. Like other hot-spot states, North Carolina saw increases in various support categories, with the biggest percentage increase in “other support,” which grew 50 percent.

So there’s your North Carolina snapshot. Coming next: Our final installment looking at some of the possible reasons for these changes.

287(g) Does Not Fight Crime, But It Does Increase Assaults against Police Officers

Fear of immigrant criminality is driving many changes to domestic immigration enforcement programs during the Trump administration.  One of the earliest such changes was the reactivation of the 287(g) program that allows state or local law enforcement agencies to enforce federal immigration law after entering into a partnership with Immigration and Customs Enforcement (ICE).  The Obama administration substantially scaled back 287(g) after numerous government reports found serious flaws in the program.  Gaston County, North Carolina sheriff Alan Cloninger said his sheriff’s office enrolled in 287(g), “for the protection of the citizens of Gaston County.”  Sheriff Cloninger’s desire to increase public safety is the primary reason, if not the only reason, why 76 local and state level law enforcement agencies across the country have enrolled in 287(g).

Surprisingly, there is little research on whether 287(g) had any effect on crime.  To test whether 287(g) had its intended effect, Cato research associate Andrew Forrester and I investigated whether 287(g) adoption actually lowered crime rates in North Carolina counties where it was established.  From 2003 through 2013, we find no statistically significant relationship between crime rates in counties that adopted 287(g) agreements relative to those that did not in North Carolina.  Importantly, we look at the number of deportations due to 287(g) enforcement by county, which allows us to examine 287(g)’s specific effects.  This means that 287(g) failed to reduce crime in counties where it was activated prior to 2013 when the Obama administration canceled many 287(g) agreements across the country.

In North Carolina, the crime-prevention justification for 287(g) does not hold but neither does the primary critique that it would raise crime rates by reducing citizen cooperation with the police.  It is possible that immigrants in 287(g) counties reported fewer crimes due to fear of immigration enforcement and, thus, an increase in crime would not be recorded in official statistics.  However, some crimes, like murder, are difficult to hide and tend to be reported regardless of local immigration enforcement policies.  To account for this, we further break down the crime rates by the offense and find no relationship between 287(g) and murder or any other individual crime.  Since crime rates did not increase after 287(g) adoption in North Carolina counties, it did not impact trust between local police and the population enough to affect crime rates.   

The only statistically significant relationship that we did find was an increase in the average number of assaults against police officers in 287(g) counties.  We do not know why 287(g) is causally related to the increase in assaults against police officers and we do not know the identities or characteristics of those who committed them.  Besides otherwise law-abiding illegal immigrants who are deported as a result of 287(g) and their American friends, families, consumers, employers, and landlords, police officers in North Carolina also appear to be victims of this program that fails to reduce crime.

Almost 62 percent of the 287(g) agreements currently in effect, 47 out of 76, were signed after President Trump took office.  In the coming months and years, many more state and local law enforcement agencies could also enroll in 287(g) out of the desire to reduce crime.  Charlotte-Mecklenburg Police Chief Kerr Putney recently said:  

The intent [of 287(g)] was to make sure we’re taking felons and gang members, who are violent, out of play … If you apply [the program] specific to those reasons, I think you’d have a totally different outcome.  If you’re asking everybody about their national origin, I think it’s a different application.  And so if it were as it were designed, I think it’s a good tool. I don’t know that it’s being applied that way.

Our research addresses Chief Putney’s concern that 287(g) is not an effective anti-crime tool.  The experience of North Carolina’s counties where 287(g) failed to reduce crime while it increased the number of assaults against police officers should at least be a warning to other counties and police agencies that are considering joining this program: It will not reduce crime.

North Carolina and Other States Should Reconsider E-Verify

Many states are considering an E-Verify mandate for all employers and employees in their states. E-Verify is a taxpayer funded federal government run system that is supposed to exclude illegal immigrants from the workforce. In practice, E-Verify imposes high economic costs and does little to dampen the wage magnet that attracts illegal immigrants to the United States.

State attempts to mandate E-Verify have run into serious roadblocks in at least three states this year and are likely dead there. For instance, Illinois’ HB 3415 is still stuck in committee and is very unlikely to become law. In fact, Illinois is so averse to E-Verify that it even tried to prohibit its use of that system by any employer in the state. New Jersey’s A 3249 is extremely unlikely to pass in a state government dominated by Democrats. Maine HP 904 is effectively dead as that legislator has more pressing matters to attend to.

However, a watered-down form of mandatory E-Verify has an excellent chance of becoming law in North Carolina. The Protect North Carolina Workers Act (HB 35) passed the House and will likely be taken up by the state Senate when it returns in late August. The Protect North Carolina Workers Act would require mandatory E-Verify for every new employee hired by a firm with 15 or more employees. Legislators have exempted domestic and farm workers from E-Verify, likely because they believe those sectors of the economy would be devastated if they also had to comply with the mandate. 

Thrown in Jail for Surfing the Web

Lester Packingham beat a parking ticket and celebrated on his Facebook page by proclaiming, “God is good! … Praise be to GOD, WOW! Thanks JESUS!” For this post, he was sentenced to prison—because he was a registered sex offender and a North Carolina statute bans such people from accessing a wide variety of websites. (Packingham took “indecent liberties with a minor” when he was 21, receiving a suspended sentence and probation, which he had completed.)

The law is meant to prevent communications between sex offenders and minors, but it sweeps so broadly that it conflicts with basic First Amendment principles. It doesn’t even require the state to prove that the accused had contact with (or gathered information about) a minor, or intended to do so, or accessed a website for any other illicit purpose.

After the state court of appeals overturned Packingham’s conviction—finding the criminal “access” provision unconstitutional—the North Carolina Supreme Court, over vigorous dissent, reversed and reinstated the conviction and sentence. The U.S. Supreme Court took the case and now Cato, joined by the ACLU, has filed an amicus brief supporting Packingham’s position.

The North Carolina law bans access not just to what people consider to be social-media sites, but also any sites that enable some form of connection between visitors, which would include YouTube, Wikipedia, and even the New York Times. The statute is also vague, in that it covers websites that “permit” minor children to create profiles or pages—and you can’t even find out what a website “permits” without first looking at its terms of service—itself a violation of the statute. Even if the site purports to stop minors from accessing its content, it’s impossible for someone to know whether and how that contractual provision is enforced in practice. Someone subject to this law literally can’t know what he can’t do or say; the police themselves aren’t sure!

The statute also fails constitutional scrutiny because it criminalizes speech based on the identity of the speaker. It’s well established that a state may not burden “a narrow class of disfavored speaker,” but that’s exactly what happens here. The very purpose of the First Amendment is to protect the speech of disfavored minorities—which sex offenders certainly are. Signaling out this speech for prosecution—without any allegation that it relates to conduct or motive—should earn the Tar Heel State a big “dislike” from the Supreme Court.

The Court hears argument in Packingham v. North Carolina on February 27.

Bathroom Battles: Why We Need School Choice

North Carolina governor Pat McCrory (R) has just responded to the federal government’s threat to punish the state over its law prohibiting local governments from allowing transgendered people to choose their bathrooms: We’re suing!

Central to the nation’s bathroom war – which is one among sundry, seemingly endless culture wars – are the public schools. They are mentioned specifically in the Tar Heel State’s embattled law, and schools have been the sites of several lawsuits across the country over who gets to decide where students go to the bathroom or change their clothes. Of course, as Cato’s Public Schooling Battle Map reveals in stark detail, just like the nation, our schools are constant battlegrounds in the culture wars, and our children are essentially innocent civilians with political, social, and cultural bombs going off all around them.

At issue in North Carolina are really two things directly applicable to education: level of public school control, and private rights.

The immediate issue is whether a state should be able to make its own laws without the federal government overruling them. The feds have a legitimate claim, under the Fourteenth Amendment, to do what they are doing – attempting to prevent discrimination by state or local governments – but there is also a good case to be made that there are competing rights at stake – privacy versus nondiscrimination – and perhaps neither should take clear-cut precedence. Moreover, even if it has the authority to intervene, it may be best if Washington allowed social evolution to occur gradually rather than imposing it as people deal with what is, it seems, a pretty new idea: a person should choose which restroom or locker room to use. Of course, North Carolina’s law applies one rule to all municipalities, also potentially curbing natural societal evolution.

Competition Is Healthy for Public Schools

As more North Carolina families are using school vouchers, enrolling their children in charter schools, or homeschooling, some traditional district schools are experiencing slower growth in enrollment than anticipated. The News & Observer reports:

Preliminary numbers for this school year show that charter, private and home schools added more students over the past two years than the Wake school system did. Though the school system has added 3,880 students over the past two years, the growth has been 1,000 students fewer than projected for each of those years.

This growth at alternatives to traditional public schools has accelerated in the past few years since the General Assembly lifted a cap on the number of charter schools and provided vouchers under the Opportunity Scholarship program for families to attend private schools.

Opponents of school choice policies often claim that they harm traditional district schools. Earlier this year, the News & Observer ran an op-ed comparing choice policies to a “Trojan horse” and quoting a union official claiming that “public schools will be less able to provide a quality education than they have in the past” because they’re “going to be losing funds” and “going to be losing a great many of the students who are upper middle-class… [who] receive the most home support.” 

Setting aside the benefits to the students who receive vouchers or scholarships (and the fact that North Carolina’s vouchers are limited to low-income students and students with special needs), proponents of school choice argue that the students who remain in their assigned district schools benefit from the increased competition. Monopolies don’t have to be responsive to a captive audience, but when parents have other alternatives, district schools must improve if they want to retain their students. But don’t take their word for it. Here’s what a North Carolina public school administrator had to say about the impact of increased competition:

New Wake County school board Chairman Tom Benton said the district needs to be innovative to remain competitive in recruiting and keeping families in North Carolina’s largest school system. At a time when people like choice, he said Wake must provide options to families.

“In the past, public schools could assign students to wherever they wanted to because parents couldn’t make a choice to leave the public schools,” Benton said. “Now we’re trying to make every school a choice of high quality so that parents don’t want to leave

Wake County is not unique in this regard. As I’ve noted previously, there have been 23 empirical studies investigating the impact of school choice laws on the students at district schools. As shown in the chart below, 22 of those studies found that the performance of students at district schools improved after a school choice law was enacted. One study found no statistically significant difference and none found any harm.

The Year of Educational Choice: Update V

This is the sixth post in a series covering the advance of educational choice legislation across the country this year. As of my last update in early July, there were 18 new or expanded choice programs in 14 states. A few days after that update, Wisconsin enacted a new voucher program for students with special needs. And on Friday, North Carolina lawmakers finally passed a long-overdue budget that expanded the state’s two school voucher programs for low-income and special-needs students, bringing the total number to 21 new or expanded programs in 15 states. The updated tally is below.

A lawsuit against the Tar Heel State’s voucher law impeded implementation so only 1,216 low-income students participated last year, barely 10 percent of the 12,000+ applications the state received. In July, the North Carolina Supreme Court upheld the program, clearing the way for the legislature to expand it.