Two Court Cases Plus Two Voucher Studies Equals Four School Choice Wins

June 26, 2017

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(Guest Post by Jason Bedrick)

There’s so much good news for school choice today, it’s hard to know where to begin.

A Legal Victory in the Peach State

I woke up this morning to the news that the Georgia Supreme Court had unanimously ruled that private donations to private nonprofit scholarship organizations that help children attend private schools are (shocker!) private funds, even if the donors receive a tax credit:

We also reject the assertion that plaintiffs have standing because these tax credits actually amount to unconstitutional expenditures of tax revenues or public funds. The statutes that govern the Program demonstrate that only private funds, and not public revenue, are used.

I discuss the case and its implications in greater detail here.

SCOTUS Strikes Down Discrimination Against Religion — But Saves Blaine for Another Day

A couple hours later, the U.S. Supreme Court ruled 7-2 in Trinity Lutheran v. Missouri that it is unconstitutional to exclude religious organizations from benefiting from secular aid programs that are otherwise neutral with respect to religion. As Neal McCluskey explains, the court didn’t go as far as many school choice advocates would have liked, but it is unambiguously a step in the right direction. Writing for the majority, Justice Roberts wrote:

It is true the Department has not criminalized the way Trinity Lutheran worships or told the Church that it cannot subscribe to a certain view of the Gospel. But, as the Department itself acknowledges, the Free Exercise Clause protects against “indirect coercion or penalties on the free exercise of religion, not just outright prohibitions.” […] As the Court put it more than 50 years ago, “[i]t is too late in the day to doubt that the liberties of religion and expression may be infringed by the denial of or placing of conditions upon a benefit or privilege.” […]

Trinity Lutheran is not claiming any entitlement to a subsidy. It instead asserts a right to participate in a government benefit program without having to disavow its religious character. The “imposition of such a condition upon even a gratuitous benefit inevitably deter[s] or discourage[s] the exercise of First Amendment rights.” […] The express discrimination against religious exercise here is not the denial of a grant, but rather the refusal to allow the Church—solely because it is a church—to compete with secular organizations for a grant. [citations removed]

The Court made sure to note that it was not overturning Locke v. Davey, in which the Court held that it did not violate the Free Exercise Clause for the state of Washington to deny funding to a student who was attending a post-secondary religious school to pursue a “devotional theology degree.” Although the “selective funding program” generally allowed students to attend both religious or secular colleges, the funds couldn’t be used to pursue a purely religious education for the purposes of becoming a religious minister. In Trinity, SCOTUS clarified that “Davey was not denied a scholarship because of who he was; he was denied a scholarship because of what he proposed to do—use the funds to prepare for the ministry.”

Left open is the question of whether the state can prohibit families from using school vouchers at religious schools. If the voucher program is intended to give parents more choices among schools that teach reading, math, science, etc., then seemingly it shouldn’t matter whether school that teach those subjects have a religious affiliation. Indeed, Justices Gorsuch and Thomas clearly indicated they wished the majority had gone further (“the general principles here do not permit discrimination against religious exercise—whether on the playground or anywhere else”), while Justice Breyer likened the playground resurfacing program at issue in the case to churches benefiting from police or fire protection, but saw no need to address the question of private school tuition. Tomorrow SCOTUS will announce whether it will consider the Douglas County, Colorado voucher case, which would give it the opportunity to answer that question.

Louisiana and Indiana Voucher Studies: Neutral to Positive Outcomes After a Few Years

I’ve already run long and I know that others will be writing about them soon, so I won’t dive deep into the Louisiana and Indiana voucher studies today. In short, they each find that the negative impacts on test scores that voucher students experience in the first couple years of participating in a voucher program disappear by the third year. Indeed, Indiana finds some positive effects in years three and four.

Given that states spend significantly less per pupil on voucher students than at district schools, performing as well or better after just a few years in the program should be exciting news for choice supporters. However, I confess that I am uneasy. Both Indiana and Louisiana mandate that private schools administer the state test to voucher students and I am concerned about how that mandate might warp how schools educate children — a concern I have about both district and private schools. Test scores measure only a small slice of the value that parents want schools to provide their children, and as Jay pointed out yet again yesterday, there’s a disconnect between educational measures and life outcomes. It’s great if school choice improves test scores, but the ability to choose shouldn’t be predicated on raising test scores — especially if doing so creates perverse incentives that distort education.

In summary: Three cheers for the court victories and one cheer for the voucher studies.

 

 


Deep down in places they don’t talk about at parties, suburbanites want that wall, but broad choice can take walls down

June 12, 2017

(Guest Post by Matthew Ladner)

Important new study from the Fordham Institute on open enrollment in Ohio. The map above shows dark blue show districts not participating in open enrollment, and they just happen to be leafy suburban districts who are both higher income with student bodies that tend to be pale complected that also happen to be near large urban districts with many students who are neither of these things. Feel free to reference this map the next time someone claims that public schools “take everyone.”

Many moons ago I wrote a study for the Mackinac Center about the interaction between charter schools and open enrollment in Michigan. I found a very clear pattern among some of the suburban districts whereby charter schools provided the incentive for early open enrollment participants to opt-in. After one district began taking open enrollment transfers, and some additional charters opened, it created an incentive for additional nearby districts to opt in- they were now losing students to both charters and the opted in district. Through this mechanism, the highly economically and racially segregated walled-off district system began to:

Not every domino fell however. I interviewed a superintendent of a fancy inner ring suburb who related that they saw their competitors as elite private schools, not charter schools. When I asked him why his district chose not to participate in open enrollment, he told me something very close to “I think historically the feeling around here is that we have a good thing going, so they want to keep the unwashed masses out.”

Contrast this as well with Scottsdale Unified in Arizona, which is built for 38,000 students, educates 25,000 students, 4,000 of whom transferred into a Scottsdale Unified school through open enrollment. 4,000 transfer students would rank Scottsdale Unified as the 9th largest CMO in Arizona, and they are far from the only district participating in open enrollment in a big way. Why is Scottsdale willing to participate unlike those fancy Ohio districts? They have 9,000 kids living within their boundaries attending charter and private schools.

Why haven’t choice programs torn down the Berlin walls around suburban districts? Sadly because they have been overly focused on urban areas. The National Alliance for Public Charter Schools Dashboard shows that 72.6% of Ohio charter schools operated in urban areas. The voucher programs likewise started in Cleveland, and then expanded out to include failing schools (and children with disabilities statewide). More recently a broader voucher program has begun the process of phasing in slowly on a means-tested basis, but the combination of adding a single grade per year and means testing promises to unlock a very modest number of walled off suburban seats.

These programs have benefits, but they will not provide an incentive for fancy suburban districts to participate in open enrollment any time soon. Informal conversations I have had with Ohio folks related to me that Ohio suburban and rural dwellers- aka the people who elect the legislative majorities-tend to look at charter schools as a bit of a “Brand Ech” thing for inner city kids. Rest assured that the thousands of Scottsdale moms sitting on BASIS and Great Hearts charter school wait lists do not view charters as “Brand Ech.” Likewise these folks probably see themselves as paying most of the state of Ohio’s bills through their taxes and just might come to wonder why the state’s voucher programs seem so determined to do so little for their kids and communities.

A serious strategic error of the opening act of the parental choice movement was to look out to places like Lakewood Ohio or Scottsdale Arizona and say “those people already have choice.” This point of view is both seriously self-defeating in terms of developing sustaining coalitions, it also fails to appreciate the dynamic interactions between choice programs. Arizona’s choice policies include everyone and have created a virtuous cycle whereby fancy districts compete with charter and private school options for enrollment. This leads to a brutal crucible for new charter schools in Arizona whereby parents quickly shut many down because they have plenty of other options. Educators open lots of schools and parents close lots of schools-leading to world-class Arizona charter scores. Arizona’s charter NAEP score triumph was more or less mathematically inevitable once this process got rolling. Did I mention the part about Arizona leading the nation in statewide cohort NAEP gains since 2009? That too but Ohio not so much.

I’m open to challenge in the comment section from any of my Ohio friends or anyone else, but by contrast to these eyes Ohio’s choice programs look to be mired in an urban quagmire and they need the leafy suburbs to play in order to win. Current policies not only have not unlocked Ohio’s Scottsdale Unified equivalents, they likely never will. NACSA put Ohio’s revised charter school law in their top ten, but allow me to pull up a couch and heat up some popcorn for the next few years as charters lawyer up and parents resist arbitrary bureaucratic closures, and the rate of new schools opening goes glacial.

Competition is by far the best method of quality control and bringing the leafy suburban districts into the melee is crucial if you are in the urban fight to win. The districts currently largely untouched by charters and private choice overlap with those not participating in open enrollment. Regulating urban charters is not going to make your suburban districts into defacto CMOs. This.isn’t.hard.to.figure.out. While counter-intuitive to many if you want to secure improved education options for the poor, you need to include everyone.

 


Would School Choice Segregate Well-Off Students?

April 12, 2017

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(Guest post by Martin Lueken)

The confirmation of Betsy DeVos as the nation’s Secretary of Education is shining a national spotlight on educational choice. It has also drawn attention from school choice skeptics and opponents and a flurry of criticisms about choice with it.

A recent report by Halley Potter of the Century Foundation claims that educational choice increases ethnic segregation. Never mind that it misinterpreted a study on Louisiana by Anna Egalite, Jonathan Mills, and Patrick Wolf (you can find Egalite’s rejoinder here).

But ethnic segregation is not the only kind of segregation about which concerns are raised. Opponents also argue that choice policies will lead to “creaming,” in which well-off students disproportionately choose to participate in choice programs, leaving public schools worse off.

These claims are making a prediction about which students and families will respond more to the offer of an ESA or voucher. Economists use the term elasticity to describe this responsiveness. In the context of school choice, for a given change in the price of private schooling (which is what ESAs and vouchers essentially do), a higher elasticity means that a larger number of students will respond by enrolling in or leaving a given school.

The analytic challenges involved in estimating elasticities of demand for private schooling are substantial because it is difficult for researchers to obtain causal estimates. Fortunately, a team of researchers conducted a study which speaks to the issue of school choice’s probably effects on this kind of segregation, and its analysis produced some interesting findings.

Susan Dynarski of the University of Michigan, Higgy winner Jonathan Gruber of the Massachusetts Institute of Technology, and Danielle Li of Harvard estimate the price elasticity of demand for private schooling. This team of researchers could observe differences in responsiveness to price among families with different backgrounds.

In a finding with huge relevance to the school choice debate, they conclude that families “with lower levels of parental education are about over four times as price elastic than other families.” In the words of the researchers:

The results indicate that vouchers would tend to increase the share of private school students who come from families with relatively low levels of parental education.

Moreover:

These results suggest that vouchers would increase the representation of low- and middle-income families at private schools.

Other model specifications “indicate that families with the highest predicted probability of private school attendance are the least sensitive to price” (p. 29).

The authors conclude:

These results suggest that a voucher program would disproportionately induce into private schools those who, along observable dimensions such as race, ethnicity, income and parental education, are dissimilar from those who currently attend private school. This is in marked contrast to the assumption made in previous studies… that the new students that vouchers would induce into private school would look demographically similar to current private school students.

…Overall, it is those families who (along observable dimensions) are least like the current population of private school customers that are most sensitive to price, suggesting that vouchers would substantially alter the socioeconomic composition of private schools.

While this study provides one useful data point for policy makers who are considering introducing or expanding educational choice in their states, policy makers should also consider information generated by studies that have already measured the impact of educational choice on segregation. The most rigorous studies available examined Louisiana’s voucher program, where researchers found that the program reduced segregation. Other studies found that school choice programs move students into less segregated schools in D.C. and Cleveland; results in Milwaukee either find no difference or suggest a positive effect. When one weighs the overall evidence about the impact of private school choice on segregation, a picture develops where findings from empirical research on school choice programs bolster the predictions suggested by Dynarski, Gruber, and Li’s findings.

These studies suggest that empowering parents to choose would change private schools. And empirical research on private school choice’s effects on segregation are largely positive. For those who value diversity and empowering parents, increasing educational options is a good thing.

Martin Lueken, Ph.D. is the Director of Education Finance and Policy at EdChoice.


Pay No Attention to the Research Consensus Behind the Curtain

April 6, 2017

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(Guest post by Greg Forster)

Noah Smith dresses up a few fussy methodological quibbles and one big, really dishonest bit of fakery in order to cast aspersions on my Win-Win report and distract you from the research consensus behind the curtain.

My report reviewed over 100 empirical findings on private school choice programs, showing that there is a very strong research consensus in favor of positive effects from such programs. Smith identifies two (2) cases where he thinks I ought to have used a different method to classify the findings. I disagree, but frankly, it’s not worth quibbling about. The research consensus in favor of school choice is still clear even if we were to accept Smith’s cavails.

His statement that “vouchers have generally disappointed” is totally unsupported by the evidence – and if he read my report, he knows it.

But his big, dramatic “gotcha!” is that I allegedly omit a well-known study with a null finding. That would indeed be a serious omission.

Unfortunately for Smith, the study he dramatically accuses me of omitting is not a study of private school choice. Here is the abstract with emphasis on Smith’s dishonesty added:

School choice has become an increasingly prominent strategy for enhancing academic achievement. To evaluate the impact on participants, we exploit randomized lotteries that determine high school admission in the Chicago Public Schools. Compared to those students who lose lotteries, students who win attend high schools that are better in a number of dimensions, including peer achievement and attainment levels. Nonetheless, we find little evidence that winning a lottery provides any systematic benefit across a wide variety of traditional academic measures. Lottery winners do, however, experience improvements on a subset of nontraditional outcome measures, such as self-reported disciplinary incidents and arrest rates.

From the very first sentence, Smith explicitly frames his whole article as an article about private school choice. For him to accuse me of omitting a study on private school choice because I omitted this study is dishonest.

Smith owes me an apology and a retraction. If he refuses, Bloomberg owes me a correction.

I’ll hold my breath waiting.


Setting the Ostrich Straight on Choice and Segregation

March 31, 2017

(Guest post by Greg Forster)

Anna Egalite sets the record straight on her study that was misrepresented by the ostriches at the Century Foundation:

Potter cannot refute our findings, so she seeks to obfuscate them by carefully merging categories so as to define a “tie” as a loss.

Even to call the finding a “tie” is going too far. On net, which is all that counts, it was a win, not a tie. Big gains in public schools far outweighed the trivial negative effect in private schools. As I wrote:

When you’ve been in the education research business long enough, your eyes automatically roll by reflex whenever they read the words “mixed effect.” A mixed effect is a positive effect produced by a policy that the researcher doesn’t like.


The View Sure Looks Good from Here

January 19, 2017

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(Guest post by Greg Forster)

My Win-Win findings read out loud on The View (check it out at the 9:30 mark).

I promise to remember y’all now that I’ve come into my kingdom.


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.


Regulating School Choice: The Debate Continues

March 9, 2016

Design vs Experience

(Guest Post by Jason Bedrick)

Last week, the Cato Institute held a policy forum on school choice regulations (video here). Two of our panelists, Dr. Patrick Wolf and Dr. Douglas Harris, were part of a team that authored one of the recent studies finding that Louisiana’s voucher program had a negative impact on participating students’ test scores. Why that was the case – especially given the nearly unanimously positive previous findings – was the main topic of our discussion. Wolf and I argued that there is reason to believe that the voucher program’s regulations might have played a role in causing the negative results, while Harris and Michael Petrilli of the Fordham Institute pointed to other factors.

The debate continued after the forum, including a blog post in which Harris raises four “problems” with my arguments. I respond to his criticisms below.

The Infamous Education Productivity Chart

Problem #1: Trying to discredit traditional public schools by placing test score trends and expenditure changes on one graph. These graphs have been floating around for years. They purport to show that spending has increased much faster than expenditures [sic], but it’s obvious that these comparisons make no sense. The two things are on different scales. Bedrick tried to solve this problem by putting everything in percentage terms, but this only gives the appearance of a common scale, not the reality. You simply can’t talk about test scores in terms of percentage changes.

The more reasonable question is this: Have we gotten as much from this spending as we could have? This one we can actually answer and I think libertarians and I would probably agree: No, we could be doing much better than we are with current spending. But let’s be clear about what we can and cannot say with these data.

Harris offers a reasonable objection to the late, great Andrew Coulson’s infamous chart (shown below). Coulson already addressed critics of his chart at length, but Harris is correct that the test scores and expenditures do not really have a common scale. That said, the most important test of a visual representation of data is whether the story it tells is accurate. In this case, it is, as even Harris seems to agree. Adjusted for inflation, spending per pupil in public schools has nearly tripled in the last four decades while the performance of 17-year-olds on the NAEP has been flat.

U.S. Education Spending and Productivity

Producing a similar chart with data from the scores of younger students on the NAEP would be misleading because the scale would mask their improvement. But for 17-year-olds, whose performance has been flat on the NAEP and the SAT, the story the chart tells is accurate.

Voucher Regulations Are Keeping Private Schools Away

Problem #2: Repeating arguments that have already been refuted. Bedrick’s presentation repeated arguments about the Louisiana voucher case that I already refuted in a prior post. Neither the NBER study nor the survey by Pat Wolf and his colleagues provide compelling evidence that existing regulations are driving out potentially more effective private schools in the Louisiana voucher program, which was a big focus of the panel.

Here Harris attacks a claim I did not make. He is correct that there is no compelling evidence that regulations are driving out higher-quality private schools, but no one claimed that there was. Rather, I have repeatedly argued that the evidence was “suggestive but not conclusive” and speculated in my presentation that “if the enrollment trends are a rough proxy [for quality], though we can’t prove this, then it would suggest that the higher-quality schools chose not to participate” while lower-quality schools did.

Moreover, what Harris claims he refuted he actually merely disputed – and not very persuasively. In the previous post he mentions, he minimized the role that regulation played in driving away private schools:

As I wrote previouslythe study he cites, by Patrick Wolf and colleagues, actually says that what private schools nationally most want changed is the voucher’s dollar value. In Louisiana, the authors reported that “the top concern was possible future regulations, followed by concerns about the amount of paperwork and reports. When asked about their concerns relating to student testing requirements, a number of school leaders expressed a strong preference for nationally normed tests” (italics added). These quotes give a very different impression that [sic] Bedrick states. The supposedly burdensome current regulations seem like less of a concern than funding levels and future additional regulations–and no voucher policy can ever insure against future changes in policy.

Actually, the results give a very different impression than Harris states. The quote Harris cites from the report is regarding the concerns of participating schools, but the question at hand is why the nonparticipating schools opted out of the voucher program. Future regulations was still the top concern for nonparticipating schools, but current regulations were also major concerns. Indeed, the study found that 9 of the 11 concerns that a majority of nonparticipating private schools said played a role their decision not to participate in the voucher program related to current regulations, particularly around admissions and the state test.

"Views from Private Schools," by Brian Kisida, Patrick J. Wolf, and Evan Rhinesmith, American Enterprise Institute

Source: ”Views from Private Schools,” by Brian Kisida, Patrick J. Wolf, and Evan Rhinesmith, American Enterprise Institute (page 19)

Nearly all of the nonparticipating schools’ top concerns related to the voucher program’s ban on private schools using their own admissions criteria (concerns 2, 3, 5, 7, 8 and 11) or requiring schools to administer the state test (concerns 6, 9, 10, and possibly 7 again). It is clear that these regulations played a significant role in keeping private schools away from the voucher program. The open question is whether the regulations were more likely to drive away higher-quality private schools. I explained why that might be the case, but I have never once claimed that we know it is the case.

Market vs. Government Regulations in Education

Problem #3: Saying that unregulated free markets are good in education because they have been shown to work in other non-education markets. […] For example, the education market suffers from perhaps the worst information problem of any market–many complex hard-to-measure outcomes most of which consumers (parents) cannot directly observe even after they’ve chosen a school for their child. Also, since students can realistically only attend schools near their homes, and there are economies of scale in running schools, that means there will generally be few practical options (unless you happen to live in a large city with great public transportation–very rare in the U.S.). And the transaction costs are very high to switch schools. And there are equity considerations. And … I could go on.

Harris claims that a free market in education wouldn’t work because education is uniquely different from other markets. However, the challenges he lists – information asymmetry, difficulty measuring intangible outcomes, difficulties providing options in rural areas, transaction costs for switching schools – aren’t unique to K-12 education at all. Moreover, there is no such thing as an “unregulated” free market because market forces regulate. As I describe below, while not perfect, these market forces are better suited than the government to address the challenges Harris raises.

Information asymmetry and hard-to-measure/intangible outcomes:

Parents need information in order to select quality education providers for their children. But are government regulations necessary to provide that information? Harris has provided zero evidence that it is, but there is much evidence to the contrary. Here the disparity between K-12 and higher education is instructive. Compared to K-12, colleges and universities operate in a relatively free market. Certainly, there are massive public subsidies, but they are mostly attached to students, and colleges have maintained meaningful independence. Even Pell vouchers do not require colleges to administer particular tests or set a single standard that all colleges must follow.

So how do families determine if a college is a good fit or not? There are three primary mechanisms they use: expert reviews, user reviews, and private certification.

The first category includes the numerous organizations that rate colleges, including U.S. News & World Report, the Princeton Review, Forbes, the Economist, and numerous others like them. These are similar to sorts of expert reviews, like Consumer Reports, that consumers regularly consult when buying cars, computers, electronics, or even hiring lawyers – all industries where the non-expert consumer faces a significant information asymmetry problem.

The second category includes the dozens of websites that allow current students and alumni to rate and review their schools. These are similar to Yelp, Amazon.com, Urban Spoon and numerous other platforms for end-users to describe their personal experience with a given product or service.

Finally, there are numerous national and regional accreditation agencies that certify that colleges meet a certain standard, similar to Underwriters Laboratories for consumer goods. This last category used to be private and voluntary, although now it is de factomandatory because accreditation is needed to get access to federal funds.

None of these are perfect, but then again, neither are government regulations. Moreover, the market-based regulators have at least four major advantages over the government. First, they provide more comprehensive information about all those hard-to-measure and intangible outcomes that Harris was concerned about. State regulators tend to measure only narrow and more objective outcomes, like standardized test scores in math and English or graduation rates. By contrast, the expert and user reviews consider return-on-investment, campus life, how much time students spend studying, teaching quality, professor accessibility, career services assistance, financial aid, science lab facilities, study abroad options, and much more.

Second, the diversity of options means parents and students can better identify the best fit for them. As Malcolm Gladwell observed, different people give different weights to different criteria. A family’s preferences might align better with the Forbes rankings than the U.S. News rankings, for example. Alternatively, perhaps no single expert reviewer captures a particular family’s preferences, in which case they’re still better off consulting several different reviews and then coming to their own conclusion. A single government-imposed standard would only make sense if there was a single best way to provide (or at least measure) education, we knew what it was, and there was a high degree of certainty that the government would actually implement it well. However, that is not the case.

Third, a plethora of private certifiers and expert and user reviews are less likely to create systemic perverse incentives than a single, government standard. As it is, the hegemony of U.S. News & World Report’s rankings created perverse incentives for colleges to focus on inputs rather than outputs, monkey around with class sizes, send applications to students who didn’t qualify to increase their “selectivity” rating, etc. If the government imposed a single standard and then rewarded or punished schools based on their performance according to that standard, the perverse incentives would be exponentially worse. The solution here is more competing standards, not a single standard.

Fourth, as Dr. Howard Baetjer Jr. describes in a recent edition of Cato Journal, whereas “government regulations have to be designed based on the limited, centralized knowledge of legislators and bureaucrats, the standards imposed by market forces are free to evolve through a constant process of evaluation and adjustment based on the dispersed knowledge, values, and judgment of everyone operating in the marketplace.” As Baetjer describes, the incentives to provide superior standards are better aligned in the market than for the government:

Incentives and accountability also play a central role in the superiority of regulation by market forces. First, government regulatory agencies face no competition from alternative suppliers of quality and safety assurance, because the regulated have no right of exit from government regulation: they cannot choose a better supplier of regulation, even if they want to. Second, government regulators are paid out of tax revenue, so their budget, job security, and status have little to do with the quality of the “service” they provide. Third, the public can only hold regulators to account indirectly, via the votes they cast in legislative elections, and such accountability is so distant as to be almost entirely ineffectual. These factors add up to a very weak set of incentives for government regulators to do a good job. Where market forces regulate, by contrast, both goods and service providers and quality-assurance enterprises must continuously prove their value to consumers if they are to be successful. In this way, regulation by market forces is itself regulated by market forces; it is spontaneously self-improving, without the need for a central, organizing authority.

In K-12, there are many fewer private certifiers, expert reviewers, or websites for user reviews, despite a significantly larger number of students and schools. Why? Well, first of all, the vast majority of students attend their assigned district school. To the extent that those schools’ outcomes are measured, it’s by the state. In other words, the government is crowding out private regulators. Even still, there is a small but growing number of organizations like GreatSchools, Private School Review, School Digger, andNiche that are providing parents with the information they desire.

Options in rural areas:

First, it should be noted that, as James Tooley has amply documented, private schools regularly operate – and outperform their government-run counterparts – even in the most remote and impoverished areas in the world, including those areas that lack basic sanitation or electricity, let alone public transportation. (For that matter, even the numerous urban slums where Tooley found a plethora of private schools for the poor lack the “great public transportation” that Harris claims is necessary for a vibrant education market.) Moreover, to the extent rural areas do, indeed, present challenges to providing education, such challenges are far from unique. Providers of other goods and services also must contend with reduced economies of scale, transportation issues, etc.

That said, innovations in communication and transportation mean these obstacles are less difficult to overcome than ever before. Blended learning and course access are already expanding educational opportunities for students in rural areas, and the rise of “tiny schools” and emerging ride-sharing operations like Shuddle (“Uber for kids”) may soon expand those opportunities even further. These innovations are more likely to be adopted in a free-market system than a highly government-regulated one.

Test Scores Matter But Parents Should Decide 

Problem #4: Using all this evidence in support of the free market argument, but then concluding that the evidence is irrelevant. For libertarians, free market economics is mainly a matter of philosophy. They believe individuals should be free to make choices almost regardless of the consequences. In that case, it’s true, as Bedrick acknowledged, that the evidence is irrelevant. But in that case, you can’t then proceed to argue that we should avoid regulation because it hasn’t worked in other sectors, especially when those sectors have greater prospects for free market benefits (see problem #3 above). And it’s not clear why we should spend a whole panel talking about evidence if, in the end, you are going to conclude that the evidence doesn’t matter.

Once again, Harris misconstrues what I actually said. In response to a question from Petrilli regarding whether I would support “kicking schools out of the [voucher] program” if they performed badly on the state test, I answered:

No, because I don’t think it’s a wise move to eliminate a school that parents chose, which may be their least bad option. We don’t know why a parent chose that school. Maybe their kid was being bullied at their local public school. Maybe their local public school that they were assigned to was not as good. Maybe there was a crime problem or a drug problem.

We’re never going to have a perfect system. Libertarians are not under the illusion that all private schools are good and all public schools are bad… Given the fact that we’ll never have a perfect system, what sort of mechanism is more likely to produce a wide diversity of options, and foster quality and innovation? We believe that the market – free choice among parents and schools having the ability to operate as they see best – has proven over and over again in a variety of industries to have better outcomes than Mike Petrilli sitting in an office deciding what quality is… as opposed to what individual parents think [quality] is.

Harris then responded by claiming that I was saying the evidence was “irrelevant,” to which I replied:

It’s irrelevent in terms of how we should design the policy, in terms of whether we should kick [schools] out or not, but I think it’s very important that we know how well these programs are working. Test scores do measure something. They are important. They’re not everything, but I think they’re a pretty decent proxy for quality…

In other words, yes, test scores matter. But they are far from the only things that matter. Test scores should be one of many factors that inform parents so that they can make the final decision about what’s best for their children, rather than having the government eliminate what might well be their least bad option based on a single performance measure.

I am grateful that Dr. Harris took the time both to attend our policy forum and to continue the debate on his blog afterward. I look forward to continued dialogue regarding our shared goal of expanding educational opportunity for all children.

(Cross-posted at Cato-at-Liberty.)

 


Overregulation Is All You Need: A Response to Paul Bruno

February 29, 2016

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(Guest Post by Jason Bedrick)

Over at the Brookings Institution’s education blog, Paul Bruno offers a thoughtful critique of  Overregulation Theory (OT), the idea that government regulations on school choice programs can undermine their positive effects. Bruno argues that although OT is “one of the most plausible explanations” of the negative results that two studies of Louisiana’s voucher program recently found, it is not “entirely consistent with the available evidence” and “does not by itself explain substantial negative effects from vouchers.”

I agree with Bruno–and have stated repeatedly–that the studies’ findings do not conclusively prove OT. That said, I believe both that OT is consistent with the available evidence and that it could explain the substantial negative effects (though I think it’s likely there are other factors at play as well). I’ll explain why below, but first, a shameless plug:

On Friday, March 4th at noon, the Cato Institute will be hosting a debate over the impact of regulations on school choice programs featuring Patrick Wolf, Douglas Harris, Michael Petrilli, and yours truly, moderated by Neal McCluskey. If you’re in the D.C. area, please RSVP at this link and join us! Come for the policy discussion, stay for the sponsored lunch!

Is the evidence consistent with Overregulation Theory?

Bruno notes that the differences in enrollment trends between participating and non-participating private schools is consistent with OT. Participating schools had been experiencing declining enrollment in the decade before the voucher program was enacted whereas non-participating schools had slightly increasing enrollment on average. This is consistent with the OT’s prediction that better schools (which were able to maintain their enrollment or grow) would be more likely eschew the vouchers due to the significant regulatory burden, while the lower-performing schools (which were losing students) were more desperate for students and funding, and were therefore more willing to jump through the voucher program’s regulatory hoops. However, Bruno calls this evidence into question:

For one thing, the authors of the Louisiana study specifically check to see if learning outcomes vary significantly between schools experiencing greater or lesser prior enrollment declines, and find that they do not. (Bedrick acknowledges this, but doubts there was enough variation in the enrollment trends of participating schools to identify differences.)

We should be skeptical of the explanatory value of the study’s enrollment check. There is no good reason to assume that the correlation between enrollment growth or decline among the small sample of participating schools (which had significantly negative growth, on average) is the same as among all private schools in the state. Making such an assumption is like a blind man holding onto the truck of an elephant and assuming that he’s holding a snake.

The study does not show the variation in enrollment trends among the participating and non-participating schools, but we could imagine a scenario where the enrollment trend among participating schools ranged, say, from -25% to +5% while the range at non-participating schools was -5% to +25%. As shown in the following charts (which use hypothetical data), there may be a strong correlation between enrollment trends and outcomes among the entire population, while there is little correlation in the subset of participating schools.

Enrollment Growth and Performance, Participating Private Schools (Hypothetical)

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Enrollment Growth and Performance, All Private Schools (Hypothetical)

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In short, looking at the relationship between enrollment growth and performance in the narrow subset of participating schools doesn’t necessarily tell us anything about the relationship between enrollment growth and performance generally. Hence the study’s “check” that Bruno cites does not provide evidence against OT.

Is there evidence that regulations improve performance?

Bruno also cites evidence that regulations can have a positive impact on student outcomes:

Joshua Cowen of Michigan State University also points out that there is previous evidence of positive effects from accountability rules on voucher program outcomes in other states (though regulations may differ in Louisiana).

The Cowen article considers the impact of high-stakes testing imposed on the Milwaukee voucher program during a multi-year study of that program. The “results indicate substantial growth for voucher students in the first high-stakes testing year, particularly in mathematics, and for students with higher levels of earlier academic achievement.” But is this strong evidence that regulations improve performance? One of the authors of both the original Milwaukee study and the cited article–JPG all-star, Patrick Wolf–cautions against over-interpreting these results:

Ours is one study of what happened in one year for one school choice program that switched from low-stakes testing to high-stakes testing.  As we point out in the report, it is entirely possible that the surge in the test scores of the voucher students was a “one-off” due to a greater focus of the voucher schools on test preparation and test-taking strategies that year.  In other words, by taking the standardized testing seriously in that final year, the schools simply may have produced a truer measure of student’s actual (better) performance all along, not necessarily a signal that they actually learned a lot more in the one year under the new accountability regime.

If we had had another year to examine the trend in scores in our study we might have been able to tease out a possible test-prep bump from an effect of actually higher rates of learning due to accountability.  Our research mandate ended in 2010-11, sadly, and we had to leave it there – a finding that is enticing and suggestive but hardly conclusive.

It’s certainly possible that the high-stakes test improved actual learning. But it’s also possible–and, I would argue, more probable–that changing the stakes just meant that the schools responded to the new incentive by focusing more on test-taking strategies to boost their scores.

For that matter, even if it were true that the regulations actually improved student learning, that does not contradict Overregulation Theory. Both advocates and skeptics of the regulations believe that schools respond to incentives. Those of us who are concerned about the impact of the regulations don’t believe that they can’t improve performance. Rather, our concern is that regulations imposed from above are less effective at improving performance than the incentives created by direct accountability to parents in a robust market in education, and may have adverse unintended consequences.

To explain: We’re concerned that regulations forbidding the use of a school’s preferred admissions standards or requiring the state test (which is aligned to the state curriculum) might drive away better-performing schools, leaving parents to choose only among the lower-performing schools. We’re concerned that price controls will inhibit growth, providing schools with an incentive only to fill empty seats rather than to scale up. We’re concerned that mandatory state tests will inhibit innovation and induce conformity. None of these concerns rule out the possibility (or, indeed, the likelihood) that over time, requiring private schools to administer the state test and report the results and/or face sanctions based on test performance will improve the participating schools’ performance on that test.

Again: we agree that schools respond to incentives. We just think the results of top-down incentives are likely to be inferior to the results of bottom-up choice and competition, which have proved to be powerful tools in so many other fields for spurring innovation and improving quality.

Can Overregulation Theory alone explain the negative results in Louisiana?

Finally, Bruno questions whether OT alone explains the Louisiana results:

[E]ven if regulation prevented all but the worst private schools from participating, this would explain why students did not benefit from transferring into them, but not why students would transfer into them in the first place.

So Overregulation Theory might be part of the story in explaining negative voucher effects in Louisiana, but it is not by itself sufficient. To explain the results we see in the study, it is necessary to tell an additional story about why families would sort into these apparently inferior schools.

Bruno offers a few possible stories–that parents select schools “that provide unobserved benefits,” that the voucher program “induced families to select inferior schools,” or that parents merely “assume any private school must be superior to their available public schools”–but any of these can be consistent with OT.  Indeed, the second story Bruno offers is practically an extension of OT: if the voucher regulations truncate supply so that it is dominated by low-quality schools, and the government gives false assurances that they have vetted those schools, then it is likely that we will see parents lured into choosing inferior schools.

That’s not to say that there are no other factors causing the negative results. It’s likely that there are. (I find Douglas Harris’s argument that the private schools’ curricula did not align with the state test in the first year particularly compelling, though I don’t think it entirely explains the magnitude of the negative results.) We just don’t have any compelling evidence that OT is wrong, and OT can suffice to explain the negative results.

I will conclude as I began: expressing agreement. I concur with Bruno’s assessment that “it is likely that the existing evidence will not allow us to fully adjudicate between competing hypotheses.” Indeed, it’s likely that future evidence won’t be conclusive either (it rarely is), but I hope that further research will shed more light on this important question. Bruno concludes by calling for greater efforts to “understand how families determine where their children will be educated,” noting that by understanding how and why parents might make “sub-optimal — or even harmful” decisions will help “maximize the benefits of school choice while mitigating its risks.” These are noble goals and I share Bruno’s desire to pursue them. I just hope that policymakers will approach what we learn with a spirit of humility about what they can accomplish.


Let a Thousand Magnolias Bloom: ESA Enrollment in Mississippi

February 5, 2016

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(Guest Post by Jason Bedrick)

Citing low enrollment and bogus “research” that excludes the mountain of random-assignment studies, one anti-choice group says Mississippi’s education savings account program for students with special needs is a “failure.”

Of the more than 50,000 children with special needs in Mississippi public schools, 251 were qualified and approved to receive vouchers. Of those, only 107 appear to have used them, .0018 of one percent of Mississippi’s children with special needs.

The research claim clearly doesn’t hold water (unsurprisingly, the only gold standard study they cite is the recent one from Louisiana) but what about the low enrollment? Is this a program that parents don’t really want? Or perhaps there just aren’t enough private school seats for parents?

First, it’s pretty rich that a group that opposes educational choice cites low enrollment as a reason it is “failing.” If enrollment was high, do you think they would see that as a sign of success?

Second, the ESA program is still in its first year. As Empower Mississippi demonstrates in this helpful chart, programs that start small can grow significantly over time:

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As Empower Mississippi notes, detractors were probably quick to declare Florida’s McKay scholarships a “failure” when only two students used them in the first year, but after experiencing 1,505,100% growth in the next decade and a half, I doubt anyone is making that case anymore.

That said, detractors might be right that there aren’t enough private school seats right now. However, one of the purposes of educational choice is to expand the market. Greater demand should spark greater supply, if the price is right. Unfortunately, that’s a big “if.” The Magnolia State’s ESAs are currently funded at only $6,500 per year. Funding is tied to the state’s base student cost rather than the cost for students with special needs, as Arizona does.

If Mississippi lawmakers want to see greater supply in private school seats for students with special needs — and empower parents to use the ESAs to tailor their child’s education using tutors, online courses, educational therapy, etc. — then they should make sure that the ESAs are adequately funded.

[UPDATE: Grant Callen of Empower Mississippi wrote to let me know that I got one very important detail wrong: the image I used originally was of a Japanese Magnolia, not the North American Magnolia that is Mississippi’s state flower. I stand corrected!]


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