Teachers’ Unions Make the Case for School Choice

Teachers’ unions and others who oppose safe in‐​person instruction have done more to advance school choice in the past year than could have ever been imagined.

February 23, 2021 • Commentary

This article appeared on National Review (Online) on Feburary 23, 2021.

Extended public‐​school closures and one‐​size‐​fits‐​all school systems have provided free advertising for school choice over the past year. Parents across the country are increasingly tired of fights between school‐​district leaders and teachers’ unions over whether classrooms should open for in‐​person instruction. And as their children’s learning continues to suffer, they are increasingly desperate for more options. Their desperation might just make school choice more popular, even after the pandemic is behind us.

One key factor driving parental exasperation is the obvious contrast between what public schools have done during this period and what private schools have done. While public schools in many cities remain closed, private schools and daycare centers have been fighting to safely reopen their doors for months. In fact, private schools in Kentucky went all the way to the Supreme Court to fight for the right to provide in‐​person services to their customers. A private school in Sacramento County, Calif., even rebranded itself as a “daycare” by training its employees as child‐​care workers in an attempt to get around the government’s arbitrary closure rules. Nationwide and state‐​specific data confirm that private schools have been substantially more likely to reopen in‐​person than nearby public schools. And four rigorous studies have each found that public‐​school districts with stronger teachers’ unions have been significantly less likely to reopen in person.

Even more frustrating, there is no major medical reason for this disparity. In fact, keeping schools closed for in‐​person instruction flies in the face of the science. Last month, Center for Disease Control (CDC) researchers reported in the Journal of the American Medical Association that “the preponderance of available evidence from the fall school semester has been reassuring” and that “there has been little evidence that schools have contributed meaningfully to increased community transmission.” In New York City, for example, the latest positivity rate reported in schools was less than a tenth of the positivity rate in the overall community. Additional studies from other countries — including SwedenIrelandNorway, and Singapore — similarly suggest schools are not major contributors of community spread. UNICEF also reported that “data from 191 countries show no consistent association between school reopening status and COVID-19 infection rates.”

Yet certain examples of public-school behavior are particularly egregious even by these standards. For instance, while some public K–12 providers insisted on keeping classrooms fully remote, they were opening the same school buildings for in-person childcare services and charging families hundreds of dollars per child per week out of pocket. If the schools could reopen for in-person childcare services, why couldn’t they open for in-person learning? And more recently, a Chicago Teachers Union board member was caught vacationing in Puerto Rico while rallying teachers on social media to not return to work in person. But if was safe enough to travel to another country and vacation in person, then why wasn’t it safe enough to return to work in person?

Of course, some high-risk teachers have real health concerns and are looking for good-faith ways to make schools safer for them to be in. Unfortunately, unions have largely taken an all-or-nothing approach to their demands for reopening. In fact, many teachers' unions across the country have been fighting to remain closed since the start of the pandemic. The public-school monopoly sought to protect itself at the expense of families as soon as the lockdowns began last March. The Oregon Education Association successfully lobbied that same month to make it illegal for families to switch to virtual charter schools. The Pennsylvania Association of School Administrators lobbied for the same thing that month to prevent desperate families from taking their children's education dollars to schools that had years of experience operating virtually. California took similar action by passing a bill that effectively prevented families from taking their children's education dollars to public charter schools.

That’s not the only evidence that some teachers’ unions often prioritize politics and power over the needs of families. Take a look at some of their demands. In their report on safely reopening schools, the Los Angeles teachers’ union called for things unrelated to reopening schools, such as defunding the police, Medicare-for-All, a wealth tax, and a ban on charter schools. At least ten teachers’ unions joined with the Democratic Socialists of America to hold a “National Day of Resistance” to “Demand Safe Schools” on two occasions in less than a year. Included in their list of demands, in addition to more funding and staffing, were police-free schools, rent cancelation, unemployment benefits for all, and a ban on standardized tests and new charter schools.

Meanwhile, families have been left scrambling for nearly a year now and many children are falling behind academicallymentally, and physically. After all this, parents are beginning to realize that it is time for a change in the relationship between students and schools. They’ve recognized that it does not make any sense to fund closed school buildings when we can fund students directly instead. Think of it this way: If a grocery store doesn’t reopen, families can take their money elsewhere. If a school doesn’t reopen, families should similarly be able to take their children’s taxpayer-funded education dollars elsewhere. After all, education funding is supposed to be meant for educating children, not for protecting a particular institution.

Recent nationwide polling from RealClearOpinion Research found that support for the concept of school choice jumped ten percentage points in just a few months — from 67 percent in April to 77 percent in August 2020 — among families with children in the public-school system last year. Another national survey conducted by Morning Consult found that support for several types of school choice — education savings accounts, vouchers, tax-credit scholarships, and charter schools — all surged between the spring and fall of 2020. The same national poll found that 81 percent of the general public — and 86 percent of parents of school-aged children — now support funding students directly through education savings accounts.

These initiatives allow families to take a portion of their children’s K–12 education dollars, which would have otherwise automatically funneled to their residentially assigned public-school district, to cover the costs associated with any approved education provider, such as private schooling, tutoring, homeschooling, microschooling, and “pandemic pods.” And, of course, families would still be able to take all of their children’s education dollars to their residentially assigned public school if they prefer.

It isn't just voters who are changing their minds. Legislators in at least 23 states have introduced bills in the past two months to fund students instead of systems. Five of these states — ArizonaIowaIndianaWest Virginia, and Kansas — have already passed school-choice bills out of a chamber, and three others — FloridaMissouri, and South Dakota — have passed bills out of committees.

Language in some of this new legislation also suggests that the push to fund students instead of systems is the direct result of the inability or unwillingness of some teachers' unions and school systems to reopen in person. Legislators in states including UtahMaryland, and Illinois introduced bills to allow families to take their children's education dollars elsewhere if their public schools didn't reopen in person. The proposal to fund students directly in Georgia includes several eligibility categories — one of which happens to be for students assigned to public schools without full-time in-person instruction. Congressman Dan Bishop also introduced federal legislation to allow families to take some of their children's K–12 education dollars to private providers if their public schools don't reopen in person.

Families are also fighting back in other ways. Parents are filing lawsuits against school districts over their inadequate reopening plans. Others are pushing to recall school-board members.

The good news is that teachers' unions and others who oppose safe in-person instruction have done more to advance school choice in the past year than anyone could have ever imagined. The pandemic has revealed the main problem with K–12 education: There is a massive power imbalance between the public school system and individual families.

Families have always gotten the short end of the stick on K–12 education. But it's more obvious now than ever, and families are figuring out they're getting a bad deal. The only way that we're ever going to fix that uneven power dynamic is to give families real options by funding students directly.

It's about time we get our priorities right and fund students, not systems.

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