The Next Accountability: Choice, Polity and a New Definition of Reform

November 30, 2016

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(Guest post by Greg Forster)

Today EdChoice has released the final installment of my series on The Next Accountability. A while back Matt said he was curious how I would “land the plane” after the lofty heights to which the early installments soared – canvassing big questions about the meaning of life and the future of democratic pluralism.

Well, here’s how I land it: The next accountability should be grounded in:

  • Empowering parents through school choice and local information systems
  • Devolving polity so principals and local districts govern schools close to communities
  • Reforming our movement’s principles to describe education the right way

The last one will probably be the hardest for the movement to grasp but may be the most important in the end:

Markets and competition as drivers of efficiency and performance are important. But they do not provide the moral norms and narratives needed to inform the next accountability. The best case for universal school choice does not center on them. These should be secondary, not primary themes.

We should develop ways of articulating these principles as the basis of the next accountability:

  • The purpose of education is to help children develop the knowledge, skills and virtues they need to live a good life—achieving and appreciating the true, good and beautiful—and to live as good citizens of a community where we disagree about what is good.
  • To cultivate these, we need teachers who are wise professionals (possessing the qualities they seek to instill, and guided by an independent professional ethic) and schools that are free communities (where shared purpose, not the arbitrary dictates of distant authorities, shape a shared life).
  • Teachers and schools can educate the individual student for free pursuit of the good life as he or she sees it, and also for good citizenship and respect for others’ rights in a diverse community, because of what we share in common as human beings and as fellow Americans.
  • Teachers and schools should be held accountable to do this by parents and local communities—the more local the better—because they are in the closest moral and social connection to schools, and can therefore hold them accountable in ways that support their social fabric rather than disrupting it.

Of course, this series is only a down payment on what needs to be a long-term change in the way we think and speak about accountability. But I had a huge amount of fun writing it and I’m convinced that something like this direction is the only real hope for educational accountability after the coming collapse of technocracy.

As always, I’d love to hear your responses. Thanks for reading!


DeVos and the Education Wars

November 29, 2016

(Guest Post by Jason Bedrick)

President-Elect Trump’s nomination of school choice champion Betsy DeVos has become the latest battleground in both the war between pro- and anti-school choice forces as well as the internecine battle between technocratic reformers and market-oriented reformers within the school choice camp. Jay’s take today is a must-read piece. I also added my two cents over at Cato-at-Liberty, defending market-oriented school choice policies from what I see as unfair attacks from the technocrat crowd while simultaneously cautioning my compatriots against pushing for a federal school choice program (e.g., Title I portability). Here’s a taste:

At the center of the panic over Trump’s nomination of DeVos is their support for school choice. Although light on details, Trump has pledged to devote $20 billion to a federal voucher program. As is so often the case, the most vocal opponents of federal school choice are right for the wrong reasons. Not only does the federal government lack constitutional jurisdiction (outside of Washington, D.C., military installations, and tribal lands), but a federal voucher program poses a danger to school choice efforts nationwide because a less-friendly future administration could attach regulations that undermine choice policies. Such regulations are always a threat to the effectiveness of school choice policies, but when a particular state adopts harmful regulations, the negative effects are localized. Louisiana’s folly does not affect Florida. Not so with a national voucher program. Moreover, harmful regulations are easier to fight at the state level than at the federal level, where the exercise of “pen and phone” executive authority is increasingly (and unfortunately) the norm.

The technocratic crowd wants to blame the mediocre results in the charter sector in Michigan (DeVos’s home state) on its supposedly “unregulated” and “laissez-faire” environment, which raises the question: Do they do know what those terms mean? As I note:

Charter schools in Michigan and Arizona may be subject to fewer government regulations than in other states, but it’s absurd to describe the sectors as “laissez-faire” or “an unregulated free market.” For example, charter school regulations in both states, as elsewhere, limit the ability of charter schools to set their own mission (e.g., they must be secular), mandate that they administer the state standardized test, forbid them from setting their own admissions standards, forbid them from charging tuition, limit who can teach in the schools, limit the growth of the number of schools, and so on.

“Laissez-faire” indeed!

Moreover, as JayBlogger Matt Ladner has frequently pointed out, in the real “Wild West” of Arizona, charter schools are knocking the socks off their district counterparts and showing greater improvement than any state average on the NAEP.

Anyway, while we’re on the topic of Trump and education reform, I’d like to express full-throated agreement with Greg Forster’s two recent posts on bigotry and the choices before us, particularly this:

Trump will be president. All of us who work on policy issues have to live in a world where Trump is president. It’s not necessarily a good idea for every decent person to shun him; that means government will be run by scoundrels like Trump.

Every movement needs its Vaclav Klauses as well as its Vaclav Havels – people who are willing to hold their noses and work for a corrupt regime. You simply can’t get anything done otherwise, because there are no non-corrupt regimes.

Milton went to Chile and advised Pinochet. When challenged, he said: “I gave him good advice.”

But if they forget to hold their noses, if they think the regime is good, the movement dies. And they will forget if no one plays Vaclav Havel and goes to jail for telling the truth about the regime.

My biggest fear is that the school choice issue will become tied to Trump. It can never be said too many times: Donald Trump is a notorious racist who discriminates against blacks in his businesses, said a judge of Mexican ancestry couldn’t judge him impartially, constantly flirted with the alt-right, and refused, three times, to repudiate the KKK when first asked to do so. (Just in case this is unclear, the KKK is a criminal organization that murders people and exists to make war on the US government in the name of white nationalism. If Trump wants to learn more about it, he can ask his attorney general, who had a Klan leader executed.)

We in the school choice movement have spent a generation building bridges between the conservatives and libertarians traditionally associated with the issue and progressives and ethnic minority communities. We can’t afford to throw all that away.

Israeli Prime Minister Yitzchak Rabin once said that he would “fight terrorism as if there is no peace process and pursue peace as if there is no terrorism.” We need a similar approach. We should pursue education reform regardless of the Trump administration’s positions on other issues — as Derrell Bradford’s moving personal account reminds us, the stakes are just too high not to. That will entail, at times, working with anyone at the Trump administration who is willing to listen, and supporting good and decent people who go to work for the administration. However, it also means calling out Trump and/or his administration when they do wrong (like, say, Tweet that people should go to jail for engaging in constitutionally protected speech, to take just one example from the last 24 hours), no matter what progress they have made on education reform.

Navigating the political waters over the next four years will be difficult. Even Odysseus only had to pass between Scylla and Charybdis once. I suspect education reformers will find themselves in the straits on numerous occasions in these coming days. I pray that we will have the wisdom to know and the fortitude to do the right thing.


You Can’t Regulate Quality If You Can’t Predict Quality

November 29, 2016

School choice is on the march.  Even before Trump’s election and his selection of Betsy DeVos as Secretary of Education, charter and private school choice have been steadily expanding every year.  Expanding school choice, like almost all of education reform, occurs in the states, so who is in charge in DC will not make too much of a difference other than turning a headwind into a tailwind.

But there is a certain crowd whose lives and thoughts revolve around what is happening in DC, so they have become all aflutter with either hope or dread about the prospects of a Trump presidency for school choice.  Those motivated by dread have fired first in the looming Regulation War, arguing that choice only works — if it works at all — within a heavy regulatory framework to ensure quality.  If choice can’t be stopped at least it can be controlled and that control can improve the choices parents will make.

The problem with the pro-regulation argument is that you can’t ensure quality if you don’t have the ability to predict quality.  It’s true that parents have a hard time anticipating how different schools might affect long-term outcomes and are quite likely to make mistakes in choosing schools.  And some emphasize this fact to justify a strong role for regulators in controlling the range and type of options from which parents can choose.  But what they rarely consider is whether regulators are any better at anticipating how schools will affect long-term outcomes.  After all, regulators can’t protect families against making mistakes if they are equally or more likely to make those mistakes themselves.

I’ve written previously about the disconnect between near-term test score gains and changes in later life outcomes.  If we can’t reliably use rigorously identified test score gains to predict later life outcomes, then on what basis will regulators be able to judge quality to protect families against making bad choices?  And the situation is even worse because most regulators making decisions about what choice schools should be opened, expanded, or closed are not relying on rigorously identified gains in test scores — they just look primarily at the levels of test scores and call those with low scores bad.  Of course, all this does is punish and discourage schools from attempting to serve the most challenging students since the level of scores is more a reflection of student background than school quality.

But let’s say you don’t believe me about the weak predictive power of test score gains and are determined to use tests as the main indicator of school quality.  We are still left with the question of whether regulators are any good at identifying which schools will contribute to test score gains.  Fortunately, we have a recent study that examined whether the criteria used by regulators in New Orleans are predictive of test score growth — even if we accept test gains as a reliable indicator of quality.  The bottom line is that none of the factors used by authorizers to open or renew charter schools in New Orleans were predictive of how much test score growth these schools could produce later on.

In particular, the study examines ratings derived from criteria favored by the National Association of Charter School Authorizers (NACSA) to see if they are predictive of test score growth or enrollment growth.  Neither the NACSA aggregate rating nor individual factors, like school governance features, educational plans, or financial and enrollment characteristics were predictive.  As the study concluded, “None of the factors, however, predict the main dependent variables of interest: SPS, value-added, enrollment, and enrollment growth, as direct measures of future school performance. ”

If regulators are unable to predict which schools will be good (assuming, falsely, that test score gains are a reliable indicator of good schools), how are they supposed to “protect” parents from making bad choices about schools?  The case for regulation is often expressed as a tautology: people will make better choices if they only have good schools from which to choose. But this presupposes that regulators can identify and eliminate bad choices.  And if regulators really could do this, why have school choice at all?  Why not just ensure that every student succeeds by forbidding any school from being bad?

No one should be surprised that NACSA’s criteria have no relationship to their own metric for school quality — test score growth — given how well Arizona charter schools appear to be doing even while NACSA gives the state a very low score for charter quality.  What might be more surprising is that the recent study I’ve been referencing that finds no connection between the criteria regulators use and future test score growth was co-authored by none other than Doug Harris.  Yes, that’s the same Doug Harris who wrote the NYT op-ed claiming that the lack of regulation in Detroit contributed to “the biggest school reform disaster in the country,” while New Orleans’ more heavily regulated approach produced “impressive” results.

As Ramesh Ponnuru has noted, using the same CREDO research that Doug cites, Detroit charter schools produce significantly better outcomes than the traditional public school alternatives.  In fact, the test score gains achieved by Detroit charters exceed those in heavily regulated Denver and only slightly lag those in New Orleans.  (See the table above for a graphic presentation of results across cities).

Mind you, I do not believe the CREDO results because that research only matches on observed characteristics and therefore does not have a rigorous identification of causal effects.  But Doug seems to believe that research even though it undermines the very argument he was making.  And one can only assume that Doug believes his own research showing that regulators lack effective tools to identify and predict good schools.  Doug accuses DeVos of being guilty of “a triumph of ideology over evidence,” but it seems like there is a lot of that going around.

 


School Choice’s Time for Choosing

November 24, 2016

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“This is wheeeeeeere the party ends…”

(Guest post by Greg Forster)

The most realistic thing about fairy tales is this: You don’t realize you’re making a titanic moral choice that will determine whether you triumph or die until the moment after you have made the choice.

Betsy DeVos will likely make a very good education secretary if 1) she can prevent her department from sabotaging her and 2) she focuses on choice and puts Common Core and all associated initiatives to rest. #2 is highly likely given what was said during the campaign. #1 is always something of a crapshoot. Being a conservative cabinet secretary is an inherently dangerous undertaking.

But I’m less interested in her choices and more interested in the choices of the school choice movement.

Trump will be president. All of us who work on policy issues have to live in a world where Trump is president. It’s not necessarily a good idea for every decent person to shun him; that means government will be run by scoundrels like Trump.

Every movement needs its Vaclav Klauses as well as its Vaclav Havels – people who are willing to hold their noses and work for a corrupt regime. You simply can’t get anything done otherwise, because there are no non-corrupt regimes.

Milton went to Chile and advised Pinochet. When challenged, he said: “I gave him good advice.”

But if they forget to hold their noses, if they think the regime is good, the movement dies. And they will forget if no one plays Vaclav Havel and goes to jail for telling the truth about the regime.

My biggest fear is that the school choice issue will become tied to Trump. It can never be said too many times: Donald Trump is a notorious racist who discriminates against blacks in his businesses, said a judge of Mexican ancestry couldn’t judge him impartially, constantly flirted with the alt-right, and refused, three times, to repuidate the KKK when first asked to do so. (Just in case this is unclear, the KKK is a criminal organization that murders people and exists to make war on the US government in the name of white nationalism. If Trump wants to learn more about it, he can ask his attorney general, who had a Klan leader executed.)

We in the school choice movement have spent a generation building bridges between the conservatives and libertarians traditionally associated with the issue and progressives and ethnic minority communities. We can’t afford to throw all that away.

But in the last few years the Common Core disaster has polarized the education reform movement. CC progressives (not identical with choice-friendly progressives, although there’s overlap) have declared war on conservatives, denouncing us as racist for the crime of not being progressives.

So far that hasn’t had much effect on the choice wing of the movement’s relationships with minority communities. But we choice people increasingly feel outcast, despised, wronged by those whom we had regarded as friends and allies, but who turned on us the moment they found it expedient to do so.

The temptation will be to say “F all these progressives who stabbed us in the back for Common Core, and who now tell us we’re racist solely because we’re not left-wing extremists. Let’s go all in with someone who won’t tell us we’re evil for being conservative.”

And of course that will be the death of us. Because then we really will have turned a blind eye to racism.

We should keep the focus where it belongs: on the states. If we’re offered a big federal push to impose choice on the states, we should say “thanks, but no thanks.” On the merits, yes, and for other reasons, too.

As someone once said on this issue, you can’t shake the devil’s hand and say you’re only kidding.

We can work with Trump (on, for example, choice in DC and other federal jurisdictions) the same way we might work with any bad person who holds office. But with the demonization of conservatives in the movement and the big opportunities for choice that Trump will soon likely be offering us, the temptation will be to forget what we spent the last generation saying: That school choice will die if it doesn’t build a trans-partisan, trans-ethnic coalition.


Understanding Bigotry

November 23, 2016

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(Guest post by Greg Forster)

I am deeply impressed by, but feel the need to add something to, Neal’s very gutsy column on trying to understand what appears to be bigotry.

Neal is right that what appears to be merely bigotry is often at least mixed with other, less objectionable concerns; and sometimes what appears to be bigotry may not be bigotry at all. As Neal points out, American Protestant responses to Roman Catholic immigration were at least partly colored by the knowledge that Catholic/Protestant differences had led to extended warfare in Europe, and usually the only viable path to peace had been to separate the two populations.

I would apply this in our own day by saying that populations that appear bigoted are often just low-information voters who have tuned out the dinosaur media completely (and with very good reason!) and thus have never been told that Donald Trump is a notorious racist who discriminates against blacks in his businesses, said a judge of Mexican ancestry couldn’t judge him impartially, constantly flirted with the alt-right, and refused, three times, to repuidate the KKK when first asked to do so. They simply don’t know these things because the news sources they trust (Fox, Rush) have decided not to tell them.

In light of this, I think the following also needs to be said:

  1. The more aggressive we are in repudiating real bigotry, the more credibility we will have to discuss what may or may not be real bigotry. If more conservative and GOP leaders had done the right thing during the election and repudiated Trump as beyond the pale and unsupportable regardless of all other factors because of his shameless racism, it might be possible now to get a hearing for the case that many or even most low-information Trump voters don’t know he’s racist. I’m not optimistic about that now. It may be true – I think it probably is true – but no one will buy it.
  2. There is a heavy reckoning awaiting the conservative and GOP leaders who chose to turn a blind eye to what Trump really is, and the right-wing news sources that chose not to tell their audiences.
  3. In an email, Neal says “a lot of Americans used to fear my religion.” What does he mean, “used to”?

The Next Accountability – Individuals and Communities

November 17, 2016

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(Guest post by Greg Forster)

EdChoice has published Part 4 of my series on The Next Accountability, in which I argue that an understanding of human nature and the American experiment in freedom and diversity is needed to ground a new approach to education in a pluralistic society:

The whole beauty and glory of America is that it seeks to respect differences and protect people’s freedoms and rights without giving up this shared life. Any idiot could have created a plan for a pluralistic society in which people with different views were kept in separate cultural compartments that didn’t share a common civic identity, marketplace and justice system. In fact, such systems are not uncommon in global history. What took a world-historical level of genius (and audacity!) was to construct a social order in which diverse people would share all these things, while remaining diverse.

To create new accountability systems, we must figure out how schools fit into this tapestry of pluralistic community. Schools are educating students who come from this unique social environment, and who will, upon graduation, go out into it to live the lives schools are preparing them for.

At a time when our choice seems to be globalist technocracy or tribalistic nationalism, a recovery of this vision is more needed than ever.


Reforming School Governance

November 15, 2016

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(Guest post by Greg Forster)

OCPA’s Perspective carries my article on school governance reform:

Governance reform means changing the system’s internal decision-making and authority structures. Parental choices and academic standards enforced by tests are both ways of placing external pressure on the system to perform. We can also do a lot of good by changing the shape of the system’s own workings. School board elections, building-level autonomy, principal training, transparency measures, and breaking up our bloated school district system are all places where there’s a lot of potential improvement.

As always your comments are welcome!


Do tax-credit scholarship programs drain money from district schools?

November 15, 2016

(Guest Post by Marty Lueken)

Perhaps the most-cited criticism of educational choice policies is that they “siphon” resources from district schools. High-quality research reveals numerous benefits stemming from educational choice, including benefits for participants, positive competitive effects, and fostering civic values. Policymakers, however, are concerned about the fiscal impact on district schools. A new report, The Tax-Credit Scholarship Audit, finds that such claims about “siphoning” are unfounded.

This report follows up on an earlier report, The School Voucher Audit, which examined the fiscal impact of school voucher programs. In the report, I estimated the fiscal impact of 10 tax-credit scholarship programs in seven states (AZ, FL, GA, IA, IN, PA, and RI) on state governments, state and local taxpayers, and school districts combined. There are currently 21 tax-credit scholarship programs operating in 17 states. Programs with less than three years of data were not included in the analysis. This sample includes the largest tax-credit scholarship programs in the country. These programs accounted for 93 percent of all scholarships awarded in 2013-14, the final year included in the analysis.

Here’s a summary of the results:

Participation

Since the first tax-credit scholarship program was established in 1997, more than 1.2 million scholarships were awarded to students through 2014. Participation in tax-credit scholarship programs has grown every year since 1997. Participation in these programs grew, on average, by 20 percent each year since 2000.

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Tax-credit scholarship programs require time to establish. Looking at the programs by year in operation, the number of scholarships awarded more than tripled after their fifth year in operation, from 28,000 to more than 95,000.

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Educational choice programs are popular and continue to expand, though not to the detriment of the current district school system, as critics argue. Even in states where eligibility for school choice programs is expansive, we haven’t seen a mass exodus of students from district schools. Moreover, the best evidence on the effects of school choice on district schools shows that district schools improve in response to competition.

Fiscal Impact

Depending on assumptions about the number of students switching from district or charter schools to private schools and the share of students who receive multiple scholarships, I estimated that these 10 tax-credit scholarship programs saved taxpayers between $1.7 billion and $3.4 billion since Arizona enacted the first such program in 1997. That equates to between $1,650 and $3,000 in savings for each scholarship recipient.

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This paints a starkly different picture from the “siphoning” argument that school choice critics like to make. Context is useful when discussing the fiscal impacts of these programs. For all the controversy that sometimes surrounds school choice programs, the fact is that these programs make up a very small share of states’ K-12 revenues. The cost of the taxpayer subsidies for the programs covered in the report range from 0.1 percent each for Rhode Island and Indiana’s programs to 1.5 percent for Arizona’s four programs.

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When critics claim these programs are costly or drain funds, they usually focus on just the cost of the taxpayer subsidy without giving any consideration to savings. But that tells only one part of the story. It’s also true that districts are no longer responsible for educating students that leave via these programs. In the short-run, they incur variable cost savings. My analysis accounts for this and even takes a more conservative approach to estimating variable costs than in other work by economists.

These savings don’t usually show up in budget reports, however, though public officials make choices—whether implicitly or explicitly—about what they do with the savings. As I note in the report:

“When school choice programs are enacted, however, it is usually the case that savings do not automatically materialize as reductions in K–12 expenditures because public officials must actively make decisions to reduce such expenditures. When students leave public schools, officials have more room in their budgets to allocate resources for educating students that remain in those schools.” (pp. 15-16)

Government officials have many options regarding what to do with these savings. They can reinvest them in district schools, which means more resources for the fewer number of students who remain in them, or they can also reallocate those savings to other public services. They can also choose to hold all or some of the funds rather than spend them. They can subsequently lower property taxes or save and invest these funds. Typically, however, it’s not clear how these freed-up resources are used.

It is a worthwhile policy goal to provide and expand quality educational options so that parents can match their children to the education provider that works best for them. Tax-credit scholarship programs offer one way to help achieve this goal by providing avenues for states to attract capital and invest in their state’s education system without harming taxpayers or students.

 

Martin F. Lueken, Ph.D. is the Director of Fiscal Policy and Analysis at EdChoice.


Evidence for the Disconnect Between Changing Test Scores and Changing Later Life Outcomes

November 5, 2016

Over the last few years I have developed a deeper skepticism about the reliability of relying on test scores for accountability purposes.  I think tests have very limited potential in guiding distant policymakers, regulators, portfolio managers, foundation officials, and other policy elites in identifying with confidence which schools are good or bad, ought to be opened, expanded, or closed, and which programs are working or failing.  The problem, as I’ve pointed out in several pieces now, is that in using tests for these purposes we are assuming that if we can change test scores, we will change later outcomes in life.  We don’t really care about test scores per se, we care about them because we think they are near-term proxies for later life outcomes that we really do care about — like graduating from high school, going to college, getting a job, earning a good living, staying out of jail, etc…

But what if changing test scores does not regularly correspond with changing life outcomes?  What if schools can do things to change scores without actually changing lives?  What evidence do we actually have to support the assumption that changing test scores is a reliable indicator of changing later life outcomes?

This concern is similar to issues that have arisen in other fields about the reliability of near-term indicators as proxies for later life outcomes.  For example, as one of my colleagues noted to me, there are medicines that are able to lower cholesterol levels but do not reduce — or even may increase — mortality from heart disease.  It’s important that we think carefully about whether we are making the same type of mistake in education.

If increasing test scores is a good indicator of improving later life outcomes, we should see roughly the same direction and magnitude in changes of scores and later outcomes in most rigorously identified studies.  We do not.  I’m not saying we never see a connection between changing test scores and changing later life outcomes (e.g. Chetty, et al); I’m just saying that we do not regularly see that relationship.  For an indicator to be reliable, it should yield accurate predictions nearly all, or at least most, of the time.

To illustrate the un-reliability of test score changes, I’m going to focus on rigorously identified research on school choice programs where we have later life outcomes.  We could find plenty of examples of disconnect from other policy interventions, such as pre-school programs, but I am focusing on school choice because I know this literature best.  The fact that we can find a disconnect between test score changes and later life outcomes in any literature, let alone in several, should undermine our confidence in test scores as a reliable indicator.

I should also emphasize that by looking at rigorous research I am rigging things in favor of test scores.  If we explored the most common use of test scores — examining the level of proficiency — there are no credible researchers who believe that is a reliable indicator of school or program quality.  Even measures of growth in test scores or VAM are not rigorously identified indicators of school or program quality as they do not reveal what the growth would have been in the absence of that school or program.  So, I think almost every credible researcher would agree that the vast majority of ways in which test scores are used by policymakers, regulators, portfolio managers, foundation officials, and other policy elites cannot be reliable indicators of the ability of schools or programs to improve later life outcomes.

With the evidence below I am exploring the largely imaginary scenario in which test scores changes can be attributed to schools or programs with confidence.  Even then, the direction and magnitude of changing test scores does not regularly correspond with changing later life outcomes.  I’ve identified 10 rigorously designed studies of charter and private school choice programs with later life outcomes.  I’ve listed them below with a brief description of their findings and hyperlinks so you can read the results for yourself.

Notice any patterns? Other than the general disconnect between test scores and later life outcomes (in both directions), I notice that the No Excuses charter model that is currently the darling of the ed reform movement and that New York Times columnists have declared as the only type of “Schools that Work” tend not to fare nearly as well in later outcomes as they do on test scores.  Meanwhile the unfashionable private choice schools and Mom and Pop charters seem to do much better on later life outcomes than at changing test scores.  I don’t highlight this pattern as proof that we should shy away from No Excuses charters.  I only mention it to suggest ways in which over-relying on test scores and declaring with confidence that we know what works and what doesn’t can lead to big policy mistakes.

Here are the 10 studies:

  1. Boston charters (Angrist, et al, 2014) – Huge test score gains, no increase in HS grad rate or postsecondary attendance. Shift from 2 to 4 yr
  2. Harlem Promise Academy (Dobbie and Fryer, 2014) – Same as Boston charters
  3. KIPP (Tuttle, et al, 2015) – Large test score gains, no or small effect on HS grad rate, depending on analysis used
  4. High Tech High (Beauregard, 2015) – Widely praised for improving test scores, no increase in college enrollment
  5. SEED Boarding Charter (Unterman, et al, 2016) – same as Boston charters
  6. TX No Excuses charters (Dobbie and Fryer, 2016) – Increase test scores and college enrollment, but no effect on earnings
  7. Florida charters (Booker, et al, 2014) – No test score gains but large increase in HS grad rate, college attendance, and earnings
  8. DC vouchers (Wolf, et al, 2013) – Little or no test score gain but large increase in HS grad rate
  9. Milwaukee vouchers (Cowen, et al, 2013) – same as DC
  10. New York vouchers (Chingos and Peterson, 2013) – modest test score gain, larger college enrollment improvement

The Legal Battle for Choice in Georgia

November 4, 2016

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(Guest Post by Jason Bedrick)

Georgia’s tax-credit scholarship helps more than 12,000 students attend schools of their choice rather than their assigned district school. Predictably, defenders of the government education establishment sued to block parents from exercising educational choice. Thanks to the efforts of the state attorneys and the Institute for Justice, which intervened in the case on behalf of several parents of scholarship students, a lower court ruled against the challengers earlier this year. However, the challengers appealed and the case is now before the state supreme court.

Yesterday, the Cato Institute filed an amicus brief in the case urging the Georgia Supreme Court to uphold the constitutionality of the tax-credit scholarships. Cato’s legal eagle, Ilya Shapiro, has more at the Cato-at-Liberty blog:

We urge the court to affirm the determination that the tax-credit program does not violate the state constitution, focusing on the fact that it does not involve spending public funds for any sectarian purpose. Because the program makes no expenditures from the public fisc, it cannot violate the No-Aid Clause. Taxpayers choose to donate voluntarily using their own private funds and receive a tax credit for the amount of the donation; no money ever enters or leaves the treasury.

The challengers attempt to get around this fact by claiming that the credits constitute anindirect public expenditure, but this argument relies on a budgetary theory known as “tax expenditure analysis” that finds no support as a legitimate means of constitutional interpretation under Georgia (or federal, or any other state) law. Indeed, the U.S. Supreme Court rejected this type of reasoning in Arizona Christian School Tuition Organization v. Winn (2011).

The argument that the program constitutes an unconstitutional gratuity is likewise incorrect because the tax credits are not public funds, and the government cannot give away that which it does not own. Even if Georgia were giving up something of value, it would not be a “gratuity” because the state receives a substantial benefit in return: increased educational attainment, plus the secondary effects that increased competition and a more educated citizenry create.

The Georgia Supreme Court should affirm the lower court’s decision and uphold the state’s Qualified Educational Tax Credit Program—ensuring educational choice for Georgia families, regardless of how much money they make.