I Love It when a (Decentralized) Plan Comes Together…

January 14, 2016

(Guest Post by Matthew Ladner)

Jason and John White have been having a public dispute over the interpretation of the NBER Louisiana study. I await Jason’s response, and given the importance of the subject I hope both sides of this debate will take pains to avoid vitriol as it unfolds. A reasoned examination of the evidence will best serve us, and everyone should acknowledge in advance that we bring a variety of assumptions to the table with us in this debate.

There is one point in John’s response that I would like to address presently. Early on the Superintendent says:

More important, however, is the larger implication I take from Mr. Bedrick’s thesis: that private school choice advocates in America, Mr. Bedrick among them, have failed to establish a coherent, prevailing belief system about the role of private schools in providing an education of measured quality, at scale, for the nation’s most disadvantaged youth.

Towards the end he says:

Absent better systemic answers than those offered by ideologues, publicly funded private school choice for all children will continue to be more of a factor in legislative debates and scholarly conferences than in the homes and neighborhoods of America’s youth.

The use of the word “measured” in the first statement brings up the observer effect from physics: the act of observing can in itself change what you attempt to measure. People can have honest disagreements over how much private school participation we are willing to sacrifice for what type of measurement, but let’s not start with the premise that the answer is “whatever it takes no matter what.” For almost going on two decades now for instance the McKay Scholarship program has reigned as the largest voucher program in the country. Would I prefer having an evaluation component of some sort? Yes-I’m pretty confident that we would learn valuable information. Would I be willing to do it if a large portion of participating schools were likely to pass on participating? No- I would be content to let parents work out testing on an individual basis with their schools.

In other words I want to prioritize the needs of parents over my needs as an advocate.

On the issue of scale and having a plan, I think we could have a long debate about this, but ultimately I don’t think it is necessary. I think that the sort of effort that Superintendent White is referencing may relate to the sort of private philanthropic efforts we see going on in the New Orleans charter school space. An unexplored possibility to consider by the way, is that the Herculean private human capital efforts we see going on in the charter space may have eclipsed the private school sector. How many rational actors would open a private as opposed to a charter school in New Orleans given the totality of policy and private philanthropic efforts? But I digress…

The reason I don’t think we need to spend too much time debating the sort of genuinely heroic efforts we see going on in the New Orleans charter space: I don’t think we can afford to scale them. You don’t see it discussed often, but ah, well, the cost per teacher placement from sources like Teach for America has not been going down. Quite the opposite from what I understand. Don’t get me wrong- I love TFA kids and I fully support the efforts of philanthropists in rebuilding the New Orleans education system. I simply have my doubts that our collective philanthropic efforts could have handled a district the size of Houston had Katrina veered that way, much less the rest of the country.

This raises the question- can we achieve “an education of measured quality, at scale, for the nation’s most disadvantaged youth” without these sort of efforts? If you care about the disadvantaged, the answer had better be “yes” because otherwise they will be remain holding the short end of the stick in life. To answer the question, I decided to examine the NAEP results and trends for low-income kids in the relatively regulated and highly philanthropic supported charter sector in Louisiana with similar kids in the Wild West and (relatively) lightly supported Arizona charter sector.

To get as close to apples to apples as possible, I compared the results for Free and Reduced lunch eligible students in general education programs attending charter schools in both states. The general education focus is due to possible differences in participation among ELL and SPED students in the two states. Louisiana has a comprehensive effort to support charters and to shut them down when they under-perform. If you see race as a proxy for other unmeasured factors etc. the average low-income charter child in Arizona is likely to be Hispanic, whereas I’m guessing in Louisiana they are more likely to be Black. Every state has their story about how their poor kids are the toughest to educate in the world (here is AZ it is “they come up North and they don’t even read Spanish!”) but I view all such claims as suspect-poor kids are tough to educate everywhere.

In terms of charter sectors, Arizona has an almost entirely decentralized process of school creation, and the only people making plans are those opening schools and parents seeking places for their child- no common app, the state rarely shuts a school down. etc. We have some TFA kids but I met more of them in a visit to the French Quarter than in 13 years of living here in AZ. The West in short doesn’t get any wilder.

The NAEP will only provide data for this comparison between 2013 and 2015, and I make no claims regarding this being a definitive comparison, merely suggestive. So with those caveats: here is what the gains look like across all four NAEP exams for FRL general ed charter students:

AZLA

So both sectors did well in generating gains overall for low-income kids- so bully for them. Louisiana charters enjoyed larger gains in 4th grade gains, but Arizona charters enjoyed a still larger advantage at the 8th grade level. If we look at the overall scores for these students rather than the gains, we see no decisive advantage for either state.

AZLA2

Those who care about the interests of poor children should celebrate the ability of Arizona charter schools to deliver big gains for low-income kids. They did it without direction from the state and without massive support from philanthropists. This is to be celebrated in large part because we don’t have enough philanthropy to do New Orleans everywhere even if we wanted to.

So- as one of the school choice Jeffersonian types, I’ll address Superintendent White’s point about a plan squarely. What is my plan? On charter schools, my plan is to let ‘er rip. It’s working out a splendid fashion and I love it when a plan comes together…

On private choice, I’d like to see a system that gives a meaningfully higher level of public subsidy to disadvantaged children (low-income, ELL, SPED) with some light touch academic transparency measures (NNR testing required by students rather than schools, academic studies, parent surveys) and then let that rip too. The great virtue of this plan in my view is that it doesn’t require me or anyone else to manage or direct it.

In other words, I think school choice technocrats should aspire to be in control of as little as possible. The NBER study reinforces my view of its desirability.

UPDATE: Jason’s response to Superintendent White is up at Ed Next


The New Frontier of School Choice

January 14, 2016

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(Guest post by Greg Forster)

OCPA’s Perspective carries my article on ESAs as the new frontier of school choice. I point out how ESAs are an improvement on vouchers:

But vouchers have a hitch. They create a perverse incentive for private schools to jack up tuition to the maximum voucher amount. While they create a marketplace for education, they take out half the equation of any good marketplace. With vouchers, schools compete to attract students, but they compete only on quality, not on price.

That may sound good if you have romantic notions about money having no place in education. But, as Milton Friedman would be the first to tell you, prices are a critical source of information that we need to be good stewards of our resources. They tell us about the scarcity of things relative to the demand for them. High prices cry out to providers, “devote more resources to providing this service!” Low prices say, “this isn’t needed as much.”

Part of me is sad to see Milton’s idea eclipsed by something better. Milton himself, of course, would have been delighted. He knew that he didn’t know everything, and that the whole point of freedom is for better ideas to nudge out worse ones.

Still, it’s important to honor the great men of the past, and so:

It’s not every day someone outsmarts Milton Friedman; indeed, people tangled with his brains at their peril. When he argued against mandatory peacetime military service in a public hearing, he was confronted by a general who said, “I don’t want to command an army of mercenaries.” Quick as a wink, Milton replied, “Would you prefer to command an army of slaves?”

That general’s experience was not unique—in fact, it was the opposite experience that was literally unique. When Milton’s wife, Rose Friedman, died, we at the Friedman Foundation included the following sentence in our list of her accomplishments: “She is the only person ever known to have won an argument with Milton Friedman.” Rose was a formidable economist in her own right, but we all considered this her most impressive achievement.

As always, would love to hear what you think!

PS Proof that Milton would be glad!


‘Opposite Day’ Logic on Mandatory Union Dues

January 13, 2016

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(Guest Post by Jason Bedrick)

Don’t miss Dmitri Mehlhorn’s wickedly funny and brilliant takedown of Rich Kahlenberg’s “opposite day” logic on mandatory union dues:

Although Richard Kahlenberg is an acclaimed progressive scholar, I had no idea of his wicked brilliance until I read his recent 5000-word opinion piece on the Supreme Court case Friedrichs v. CTA. At first, I thought he was defending the respondents, the California Teachers Association. But as I read his column, I realized that every single point he made was the opposite of reality — often in ways that would be obvious to a well-read high-school student, let alone a Century Foundation Senior Fellow.

Suddenly, it dawned on me that Kahlenberg was engaging in devilishly clever satire.

By setting forth the criteria by which the Friedrichs case should be judged, and then using “opposite day” logic, he was subversively making the strongest possible case for Rebecca Friedrichs. Since his prose is so sincere and subtle, I almost missed it. This column is a public service for those of us who are literal-minded enough to want the actual facts associated with each element of Kahlenberg’s framework.

Here’s a taste of one of the many claims Mehlhorn eviscerates:

“Schools for Democracy”

Another Kahlenberg headline, that public unions are “Schools for Democracy,” is doubly satirical. The teachers unions are well known to be antidemocratic as both models and actors.

  • Only a small percentage of teachers, roughly 20% and often less, actually vote in internal union elections;
  • Teachers use their political power to push for school board elections to be off-cycle from high-turnout elections, depressing voter engagement so as to ensure their members’ influence over school boards;
  • The unions promulgate codes of conduct, pushing their members not to criticize union stances and often bullying pro-reform teachers;
  • The California Teachers Association, in particular, is known as the 800-pound gorilla of Sacramento, bullying legislators and other interest groups.

See what Kahlenberg did there, by calling them “Schools for Democracy,” when the unions produce terrible results for democracy? They are bad schools! Get it? This guy is a genius.

This guy is a genius indeed — Mehlhorn, that is. Check out the rest of his post over at Citizen Stewart’s “Citizen Ed” blog.

And on a related note, over at The Seventy-Four, Mehlhorn provides a very thoughtful and thorough analysis of the Friedrichs v. CTA oral arguments earlier this week. In short: the unions were dejected and for good reason. The strongest argument that the pro-mandatory union dues side could marshal to peel Chief Justice Roberts or Justice Kennedy away from a pro-Friedrichs majority was that it would overturn a precedent set 40 years ago (Abood) and upon which tens or even hundreds of thousands of contracts rely. However, the Friedrichs petitioners responded convincingly that there is also a mountain of First Amendment jurisprudence that conflicts with Abood, and that siding with the unions would also entail overturning longstanding precedent.

Moreover, as Mehlhorn points out, even a pro-union lawyer conceded during oral arguments that there may be a “need to adjust” where the line is drawn between what counts as political or non-political activities (under Abood, the unions can charge non-members for the latter but not the former), and the need for such judicial tinkering further erodes the case for stare decisis.

Of course, the justices could change their minds between now and when they issue a decision, so the Friedrichs petitioners shouldn’t break out the champagne just yet, but the unions might want to start thinking seriously about how to persuade workers to financially support them in the absence of government compulsion.

 


Nevada Judge Issues Injunction Against ESA Program

January 11, 2016

[Guest Post by Jason Bedrick]

Terrible news today for families that had been hoping to start using education savings accounts to customize their children’s education:

CARSON CITY — A state judge Monday put the brakes on Nevada’s education savings accounts, granting an injunction sought by opponents who said it would drain critical funding resources from Nevada’s public schools and is unconstitutional.

District Judge James Wilson, in a 16-page ruling, said the state constitution requires “the legislature to set apart or assign money to be used to fund the operation of the public schools, to the exclusion of all other purposes.”

Wilson said because Senate Bill 302 diverts some general funds appropriated for public schools to fund private school tuition, it violates sections of the constitution.

“Plaintiff parents have met their burden of clearly proving that there is no set of circumstances under which the statute would be valid …” Wilson wrote.

An appeal to the Nevada Supreme Court is anticipated.

Let’s hope the case reaches the state supreme court speedily and that the justices act justly.


David Bowie

January 11, 2016

http://www.youtube.com/watch?v=YoDh_gHDvkk

(Guest Post by Matthew Ladner)

Many of us feel like part of our childhood just vanished. Rest in Peace.


The Folly of Overregulating School Choice: A Response to Critics

January 8, 2016

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[Guest Post by Jason Bedrick]

Earlier this week, NBER released the first random-assignment study ever to find a negative impact from a school voucher program. Previous gold standard studies had almost unanimously found modest positive effects from school choice, which raises the obvious question: what makes the Louisiana Scholarship Program (LSP) so different?

In an article for Education Next, I argued that, “although not conclusive, there is considerable evidence that the problem stemmed from poor program design.” The LSP is one of the most heavily regulated school choice programs in the nation, and that burden has led to a very low rate of private school participation.  Only about one-third of Louisiana private schools accept voucher students, a considerably lower rate than in most other states. From a survey of private school leaders conducted by Brian Kisida, Patrick J. Wolf, and Evan Rhinesmith for the American Enterprise Institute, we know that the primary reason private schools opted out of the voucher program was their concerns over the regulatory burden, particularly those regulations that threatened their character and identity. For example, voucher-accepting schools in Louisiana may not set their own admissions criteria, cannot charge families more than the value of the voucher (a meager $5,311 on average in 2012), and must administer the state test.

We also know from the NBER study that the participating and non-participating private schools differ in at least one important respect. Whereas the non-participating schools experienced modest growth over the decade before the voucher program was expanded statewide (about 3 percent, on average), the participating schools had been experiencing a significant decline in enrollment (about 13 percent, on average). In other words, schools that were able to attract students tended to reject the vouchers while voucher schools tended to be those where enrollment had been dropping.*

The difference in enrollment trends suggests that the LSP’s regulatory burden had the opposite of its intended effect: discouraging higher-performing schools from participating, leaving only the lower-performing schools that were so desperate to reverse their declining enrollment and increase their funding that they were willing to do whatever the voucher program required.

Several other researchers and education reform advocates reached similar conclusions, including Matthew Ladner, Adam Peshek, Michael McShane, Lindsey Burke, and Jonathan Butcher. However, others expressed skepticism about what I shall call the Overregulation Theory, and proposed alternative explanations for the LSP’s poor results.

Writing at Education Week, Douglas Harris of the Education Research Alliance for New Orleans concedes that “regulation probably does reduce the number of private schools, especially the number of higher-performing private schools,” but he still believes the Overregulation Theory is “premature.” Harris instead offers two potential alternatives: 1) the improved public/charter school performance in New Orleans made the performance of the private sector look relatively worse; and 2) the curriculum at most private schools may not have been aligned to the state test, so the poor performance merely reflects that lack of alignment rather than poor performance.

Harris’s first theory is explicitly rejected by the NBER study. On the third page of the study, the authors write: “Negative voucher effects are not explained by the quality of public fallback options for LSP applicants: achievement levels at public schools attended by students lotteried out of the program are below the Louisiana average and comparable to scores in low- performing districts like New Orleans.” In other words, the public school alternatives are not so great and the performance of the participating private schools is considerably worse.

That said, Harris’s second theory, which Jason Richwine also suggested, is plausible as a contributing factor. However, it is no more plausible than the Overregulation Theory. Indeed, whereas the differences in enrollment trends between voucher and non-voucher private schools provide some suggestive evidence for the Overregulation Theory, Harris provides no evidence to support the Nonaligned Test Theory. How many voucher schools were already aligned with the state curriculum and/or administered the state test? At this point, we do not know. Moreover, to the extent that testing nonalignment explains some of the very large 0.4 standard deviation difference in math scores, it is unlikely that it explains all or even most of that difference. Then again, Harris stated that he will be releasing the results of his own research on the LSP, so it’s likely he knows something that I do not.

Harris also notes that the NBER study only examined the results of one year of one program. He is certainly correct that we need more data over time to draw firmer conclusions, which is one reason I presented my interpretation as “not conclusive” and wrote that “the regulationsmay have had the opposite of their intended effect” (emphasis added). And, indeed, there is some evidence that voucher schools improved slightly in the third year since the statewide expansion (although if the voucher schools were their own district, they’d still be the fifth-worst of 76 in the state).

Nevertheless, such strongly negative results should give reform advocates great pause about the regulatory strategies employed in Louisiana. We know the regulatory burden chased away most private schools, and we have evidence that the voucher-accepting schools had been struggling with declining enrollment. If we want to better understand the LSP’s atypically disastrous performance, its program design is the logical place to start.

*UPDATE: Prof. Josh Goodman of Harvard University points out that the NBER study’s “estimates show consistent negative impacts irrespective of previous enrollment trends.” If there had been wide variation in enrollment trends among the participating schools, that would count as evidence against the Overregulation Theory. However, if the enrollment trends among participating schools were consistently negative, with the variation mostly limited to how fast the participating schools had been losing students, then it would still be consistent with the Overregulation Theory.

[Originally posted at Cato-at-Liberty.]


AZ Charters and the NAEP

January 8, 2016

(Guest Post by Matthew Ladner)

My friends at the Arizona Charter School Association put together this rocking graphic on Cactus Patch charter students RAWKING the 2015 NAEP. Make sure to check out the two mini-graphs at the bottom showing just how much more diverse AZ charters are than the states in their neighborhood of scores and how how the per pupil funding stacks up. Stare at them long and hard, and think about the times you’ve heard people say things like the following. Maybe you said them yourself:

Oh but it’s the Wild West out here. Oh they really should not have let so many charter schools open, they should be more cautious about authorizing like right thinking people back East. Tut-tut, KIPP won’t open a school there at that funding level.

Line forms to the left to either update your flawed thinking and/or offer your heartfelt apology. There’s still room on the bandwagon for those who follow the evidence where it leads.

 


What Else Could Explain Negative Result from Louisiana?

January 7, 2016

(Guest Post by Jason Richwine)

The new experimental evaluation of the Louisiana voucher program poses a challenge to school-choice advocates such as myself. How do we explain the voucher students’ negative test outcomes – including a massive 0.4 SD drop in math scores – when evaluations in other cities showed neutral to mildly positive effects? Supporters have quickly coalesced around the explanation that Louisiana imposed regulations so suffocating that only the worst private schools participated in the voucher program.

I find that explanation unsatisfactory for a few reasons. First, it feels like a post-hoc excuse. Yes, choice advocates have been warning about burdensome regulation for years, including in Louisiana, but how many predicted that the state’s voucher system would go down in flames because of it? The magnitude of the score declines must surprise even the most vociferous critics of regulation.

More importantly, if the participating private schools are so bad – and other people apparently knew they were bad, given the declining enrollments – then why did the voucher recipients choose them? Did the parents fail to research their options? Do they not value academics much at all? Blaming the results on an unusually bad set of private schools is tempting, but it creates the new problem of having to explain why parents made such dubious choices.

Personally, I do not find it plausible that school quality alone could have so much impact, especially in one year. The traits that students bring with them to school – natural abilities, resilience, family support networks  – generally explain much more of the variance in student achievement than school quality. Only the absolute worst schools could have such deleterious effects, but there is no indication that the Louisiana voucher schools were the bottom of the barrel. Even if the one third of private schools that participated really were the worst third in the state, we are still talking about schools that are below average – not uniformly awful.

In trying to reconcile Louisiana with the successful experiments in DC, Milwaukee, Charlotte, etc., I suggest exploring other explanations. In particular, how well did the private schools align their curricula with the demands of the state tests? Maybe the private schools were simply teaching different material rather than teaching the state’s curriculum badly. Also worth examining is whether the randomization process, which was done within a complicated set of priority levels for admission, was conducted appropriately. Another issue is how schools adapt after the first year of statewide implementation. And, remember, it is not uncommon for studies to change significantly from the working paper phase to publication. So let’s be patient. Explaining this anomalous study will require more research.


AZ Governor Doug Ducey to Appoint Clint Bolick to the Arizona Supreme Court

January 6, 2016

(Guest Post by Matthew Ladner)

Outstanding choice by Governor Ducey, and it is exciting that Clint will get the chance to serve in this capacity. I had the chance to work for Clint at the Alliance for School Choice and with him at the Goldwater Institute and on the board of the Arizona School Choice Trust for over a decade. While I fear we may miss him in courts around the country, as an Arizonan I couldn’t be more thrilled to have someone of his caliber on our Supreme Court. Video here. With the recent retirement announcement by Chip, one may infer that the torch is being passed to a new generation of constitutional litigators.

I think they are ready.

Congratulations Clint!


Say it with me now: Justice Clint Bolick

January 6, 2016

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[Guest Post by Jason Bedrick]

Yes, you read that headline correctly. This morning, Arizona Governor Doug Ducey announced that he was appointing famed school choice litigator and champion of liberty, justice, and the American way, Clint Bolick, to the Arizona Supreme Court.

Clint was one of the lawyers involved in defending Ohio’s school choice law before the U.S. Supreme Court in the landmark Zelman v. Simmons-Harris case, which the good guys won. His impact on the school choice movement cannot be overstated. He co-founded the Institute for Justice, which continues to defend school choice laws around the country, he was president of the Alliance for School Choice, and he has served for the last eight years as the head of litigation at the Goldwater Institute (where he is known for repeatedly suing the pants off the government), among many other important positions and accomplishments. Just a little over a year ago, he successfully defended Florida’s education savings account law.

You can get a taste of Clint’s style from this NYT profile:

 Clint Bolick looks like any other high-powered lawyer, for the most part. But glance down at his index finger, which sports a scorpion tattoo, for first-hand evidence of his unconventional streak.

Mr. Bolick has fought for the right of Arizonans to have their toes nibbled. After successfully defending a tattoo artist, he celebrated by having himself inked. From his perch here at the Goldwater Institute, a high-powered libertarian think tank, Mr. Bolick has even picked a fight with an entire professional hockey team.

From a conservative point of view, there is no end to the government interference in individual liberties going on around the country. Some emanates from Washington, but much of it, in the opinion of Mr. Bolick, bubbles up from the bottom, whether from a small-town school board or the Arizona Board of Cosmetology, which Mr. Bolick has sued twice. […]

“There are lots of cozy deals in Arizona, just like everywhere else,” Mr. Bolick said. “The last thing you want is for us to find out. It’s like a skunk coming to a picnic. We ruin everything.” […]

Local governments in Arizona now consult experts at Goldwater before embarking on financing schemes. Their goal is to avoid receiving a legal brief in the mail typed out with Mr. Bolick’s fierce right finger.

The only question is this: Is this a great appointment or the greatest appointment?

UPDATE: It’s only been a few hours since the announcement and statists are already wetting their pants.