Segregationist Neanderthal 1, Florida’s First Integrated School 0

September 22, 2016

(Guest Post by Matthew Ladner)

Make sure to catch this post over at RedefinED by Patrick Gibbons about the racist “founder of Florida public education” and his 18 year jihad to close a racially integrated private school.

You couldn’t make this stuff up, and even if you tried, no one would believe you, which is why Gibbons included a sources appendix at the end of the post. Very worth the read.

 


Texas Special Education Disgrace-“It Was All a Numbers Game”

September 13, 2016

(Guest Post by Matthew Ladner)

The Houston Chronicle has delivered an expose on a covert and “successful” effort by the Texas Education Agency to create a defacto cap of 8.5% on the number of Texas public school students who would receive special education services. Successful gets air quotes btw if you define success as avoiding delivering special education services to hundreds of thousands of kids by keeping them cooped up a Section 504 no man’s land.

The process of identifying children for special education services is conducted by human beings and thus involves all sorts of error- children who do not actually have disabilities are often identified for services, students who do have disabilities do not receive services, students who do have disabilities don’t always receive the correct services. It’s a difficult process. The Texas Education Agency created an arbitrary target for special education enrollment in 2004 of 8.5% of a school population, effectively incentivizing districts to deny services to students. In theory the restraining of services could have come in the category most prone to over-identification: specific learning disability. If that had been the case maybe, maybe there would be a silver lining to this story. Instead the Chronicle found across the board reductions in all disability types. From the Chronicle:

Over a decade ago, the officials arbitrarily decided what percentage of students should get special education services — 8.5 percent — and since then they have forced school districts to comply by strictly auditing those serving too many kids.

Their efforts, which started in 2004 but have never been publicly announced or explained, have saved the Texas Education Agency billions of dollars but denied vital supports to children with autism, attention deficit hyperactivity disorder, dyslexia, epilepsy, mental illnesses, speech impediments, traumatic brain injuries, even blindness and deafness, a Houston Chronicle investigation has found.

More than a dozen teachers and administrators from across the state told the Chronicle they have delayed or denied special education to disabled students in order to stay below the 8.5 percent benchmark. They revealed a variety of methods, from putting kids into a cheaper alternative program known as “Section 504” to persuading parents to pull their children out of public school altogether.

“We were basically told in a staff meeting that we needed to lower the number of kids in special ed at all costs,” said Jamie Womack Williams, who taught in the Tyler Independent School District until 2010. “It was all a numbers game.”

Perhaps someone could attempt to justify this practice by claiming that Texas schools did a fantastic job educating the 8.5% of students they provided services. Well, not so much:

texas-vs-fl-sped

Having the state effectively punish districts going over an arbitrary cap on the percentage of special education students at a minimum violates the spirit of federal special education law. As flawed as the Individuals with Disabilities Education Act and the associated practices remain, the unmistakable intent of the law has been to provide special education services to all students who need it. IDEA, warts and all, stands as landmark civil rights legislation for children with disabilities and the practices adopted by unelected officials at the Texas Education Agency must be viewed as an attempt to subvert this legislation at the expense of some of the most vulnerable students.

The reader should note that while the Chronicle article places blame for the 8.5% policy squarely upon the Texas Education Agency, this practice could not have endured for so long without the active acquiescence of Texas school districts. If they had objected to this policy, as was their moral duty, we would not have learned of this a decade after formulation as a part of an investigative report. Texas school districts have long complained however of the costs associated with special education, and that state and federal funds fail to cover the full cost of providing services. Kudos to the school officials who spoke to the Chronicle’s investigators, but the number who quietly went along with this greatly outnumbered those who made any attempt to set things right.

The Florida approach of setting special needs students free to attend public and private schools with their state funding represents a profoundly more humane approach to special education. If the districts resent having to divert dollars from general education to special education, let special needs family seek out a solution with their “inadequate” state dollars. The Chronicle article represents another chapter in the long book of what happens when people are forced to rely upon the goodwill and sound thinking of soulless bureaucrats.

No one enjoys bragging on Texas more than me, but this is nothing short of disgraceful and needs to be made right.


Setting the Record Straight on Florida’s Tax-Credit Scholarships

August 30, 2016

imageresize-ashx-3

(Guest Post by Jason Bedrick)

Opponents of school choice spend a great deal of time and energy perpetuating all sorts of easily debunked myths about choice programs. In Florida, the state teachers’ union has worked very hard to spread two such myths about the state’s tax-credit scholarship program, which Mark Pudlow of the Florida Education Association calls a “scheme”:

“It’s a scheme because this tax credit voucher [sic] was enacted by the Legislature to circumvent a previous state Supreme Court ruling saying that public money could not go to fund vouchers,” he said. “So the Legislature set up a scheme that would allow certain types of taxes to be ‘donated’ to the groups administering the voucher program. So instead of paying taxes to the state, they were forgiven their tax obligation if they donated the exact same amount of money to the voucher administrators.”

Fortunately, the Daily Commercial gave Ron Matus of Step Up for Students, Florida’s largest scholarship organization, the opportunity to set the record straight:

“The union kept saying the tax credit scholarships were done to circumvent the ruling,” he said. “Their timeline is off. The fact of the matter is the tax credit scholarship program was passed by the legislature and signed into law in 2001, five years before the Supreme Court ruling. The opponent keeps arguing the program drains money from public schools. Every single study that has been done over many years by multiple different parties that has looked at the fiscal impact says it does not harm public schools or drain money from public schools.”

The Office of Program Policy Analysis and Government Accountability estimated the Florida Tax Credit Scholarship Program saved the state $36.2 million in 2008.

Government Accountability stated that while the program “reduces the amount of tax revenues received by the state, it produces a net fiscal benefit.”

This academic year, Step Up for Students will provide more than 90,000 tax-credit scholarships to students so that they can attend the school of their choice. Additionally, they will administer nearly 6,000 education savings accounts. Florida also has a second scholarship organization, AAA Scholarship Foundation, so it’s likely that more than 100,000 Florida students will receive tax-credit scholarships this year.

As Step Up demonstrates, scholarship organizations do much more than just cut checks. They also can provide parents with vital information about their educational options, help connect parents and schools, and–when necessary–they can organize to defend the scholarships from outside attacks. As Jay noted in a recent post, politically viable policies require “constituents who can then be mobilized to protect and expand” them. School choice policies generate those constituents, and as Step Up has amply demonstrated, scholarship organizations can mobilize them.


Pass the Popcorn: If You Need to Blink

August 25, 2016

kubo_0_0

(Guest post by Greg Forster)

If you need to blink, do it now. If you miss a single word of the blog post below, our hero will perish.

Do yourself the biggest favor you’ve done yourself in a long time and go see Kubo and the Two Strings while it’s still in theaters. This masterpiece demands to be seen on the big screen, so you can appreciate not only its oustanding story but its gorgeous visuals.

If you know Coraline, you know what greatness the offbeat animation studio LAIKA is capable of. LAIKA’s last few offerings haven’t been as well recieved, but let me assure you Kubo not only matches but actually surpasses the storytelling and artistic accomplishments of Coraline.

Kubo-2strings-3

It would be criminal to reveal the plot of Kubo. Indeed, one of the many ways in which this movie shines is the perfect craftsmanship of its progressive plot revelations. These people know how to tell a truly epic story.

I will say this much, though, to motivate you to see it. Kubo is the son of a great samurai warrior who fought a duel with the moon. The plot is driven by this question:

Is it better to be a man, to live a life marred by suffering and then die, leaving behind deeds well done and the memories held by those who loved you?

Or is it better to be the moon, floating high above the world and immune to death and suffering, and have no story?

Don’t miss this gem. I’ll be going back as soon as I can to see it again.

Update: Saw it again, loved it more the second time. “It amazes me that creatures down here will fight so hard, just to die another day.” “Down here there are days worth fighting for.” Don’t miss your chance to see it on the big screen!


The Next Accountability – Teachers and Schools

August 25, 2016

Little-sprouts_-Grow-bean-sprouts-in-your-back-garden

EdChoice has posted Part 2 of my new series on The Next Accountability. In Part 1 I outlined what we most want from a good education; now I outline the most important qualities teachers and schools should have to deliver these results:

All this can be summed up by saying that teachers need to be wise and professional. Wisdom means teachers possess themselves the capacities of head, hands and heart that we want students to develop. Professionalism means that teachers’ primary motivation is not to check boxes on a curricular chart or maximize formal outcomes such as test scores, or even to please parents, but to help students develop those capacities of head, hands and heart that the teachers possess and the students need.

The great challenge we face is that in our society, where we are free to disagree about what is good, true and beautiful, we lack consensus about what constitutes a good education. Good schools are therefore those that manage to overcome legal and bureaucratic obstacles to operate as free communities, with a shared commitment both to freedom of disagreement about the highest things and also to bonds of interdependence and reciprocity:

Freedom and community tend to lose their meaning when separated from one another. Real community means people freely choose to be in community. And real freedom can only be protected by a community that loves freedom and institutionalizes it as a shared, public moral commitment.

Next, in Part 3: how the two great camps in the debate over accountability – advocates of technocracy and choice – are, in different ways, trying unsuccessfully to sidestep the core problem of building consensus in a pluralistic society.

Stay tuned! Your thoughts are very welcome as always.


Study Shows Louisiana Voucher Cuts Are Penny Wise, Pound Foolish

August 19, 2016

Penny Wise, Pound Foolish

(Guest Post by Jason Bedrick)

ICYMI, Corey DeAngelis of the University of Arkansas wrote a blog post at Education Next today summarizing the results of a study he conducted with Julie Trivitt on the fiscal effects of the Louisiana Scholarship Program (LSP). The post is worth reading in full, but the main point is this: their study found that the LSP saves taxpayers money.

Governor John Bel Edwards recently cut the voucher program, supposedly in order to save money. However, the new study finds that the cuts actually increase state expenditures. DeAngelis concludes that if Louisianan officials wish to save money, instead of cutting it, they should expand it.

[Note: I initially omitted the “e” in Corey’s name. This is in keeping with the Law of Conservation of Es known to fans of Drs. Green and Wolfe.]


Lawsuit Losers’ Ostrich Act

August 17, 2016
headinsand

Anti-school choice plaintiffs pretending that the court didn’t reject their arguments on the merits.

(Guest Post by Jason Bedrick)

As I reported on Tuesday, a Florida appellate court threw out a challenge to the state’s tax-credit scholarship program. In response, one of the plaintiff groups, Americans United for Separation of Church and State (AU), published a disingenuous and factually challenged blog post whining about the case being dismissed and pretending that the court didn’t actually address the merits of the case. I’ll address their assertions in order:

A Florida court just threw out an appeal brought by Americans United and its allies challenging a school-voucher-like program that provides taxpayer support for religious organizations. As disappointing as that outcome is, it’s doubly frustrating to see a second Sunshine State court fail to even consider the merits of the case.

The program provides tax credits for donations to scholarship organizations that help students attend any private school, religious or secular, so that’s not quite an accurate description of the program.

Moreover, as I will explain below, the court did consider the merits of the case. Although courts often avoid addressing the merits of a case when rejecting the plaintiffs’ standing to bring the case, here the court directly addressed the central issues in the process of dismissing the case on standing.

In case you’re not familiar with tuition tax credits, they are a type of voucher scheme that allows individuals or corporations to donate money to a middle-man “scholarship” organization in exchange for a generous tax credit. The “scholarship” group then writes a check for tuition at a private school. It’s essentially a way to launder government funds through a private entity.

What an odd use of scare quotes. Are these somehow not scholarships? Let’s consult the dictionary. Merriam-Webster defines a “scholarship” as “an amount of money that is given by a school, an organization, etc., to a student to help pay for the student’s education.” So yes, AU scare quotes notwithstanding, these are bona fide scholarships.

But are they “laundered government funds”? According to the unanimous Florida appellate court, the U.S. Supreme Court, and every state supreme court to address the question, the answer is a resounding “No.” The courts all held that a private individual or corporation’s money is their own, and not the government’s, until the government has actually collected it. When people keep their own money through tax deductions, tax credits, or tax exemptions, it remains exactly that: their own money.

Does the AU believe that all churches run on “laundered government money” because their donors receive tax deductions or because they receive 100% property tax exemptions? No? Interesting.

The overwhelming majority of private schools participating in the tax credit program are religious, which goes against the Florida Constitution’s “no-aid” clause, which says: “No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution.”

Again, as the court ruled, it’s not government money, so the historically anti-Catholic Blaine Amendment (“no-aid” clause) is not implicated. Moreover, the percentage of schools that are religious versus secular is constitutionally irrelevant. The law is religiously neutral. What matters is only that families may choose either religious or secular schools. It makes no constitutional difference whether the majority select one type or the other, or whether the market (responding to demand) supplies more of one type or another.

The U.S. Supreme Court has repeatedly rejected AU’s religious bean counting, including in the landmark Zelman v. Simmons-Harris decision more than a decade ago:

Respondents and Justice Souter claim that even if we do not focus on the number of participating schools that are religious schools, we should attach constitutional significance to the fact that 96% of scholarship recipients have enrolled in religious schools. They claim that this alone proves parents lack genuine choice, even if no parent has ever said so. We need not consider this argument in detail, since it was flatly rejected in Mueller, where we found it irrelevant that 96% of parents taking deductions for tuition expenses paid tuition at religious schools. Indeed, we have recently found it irrelevant even to the constitutionality of a direct aid program that a vast majority of program benefits went to religious schools. See Agostini, 521 U.S., at 229 (“Nor are we willing to conclude that the constitutionality of an aid program depends on the number of sectarian school students who happen to receive the otherwise neutral aid” (citing Mueller, 463 U.S., at 401)); see also Mitchell, 530 U.S., at 812, n. 6 (plurality opinion) (“[Agostini] held that the proportion of aid benefiting students at religious schools pursuant to a neutral program involving private choices was irrelevant to the constitutional inquiry”); id., at 848 (O’Connor, J., concurring in judgment) (same) (quoting Agostini, supra, at 229). The constitutionality of a neutral educational aid program simply does not turn on whether and why, in a particular area, at a particular time, most private schools are run by religious organizations, or most recipients choose to use the aid at a religious school. As we said in Mueller, “[s]uch an approach would scarcely provide the certainty that this field stands in need of, nor can we perceive principled standards by which such statistical evidence might be evaluated.” 463 U.S., at 401. [emphasis added]

The SCOTUS majority goes on to note that the other side’s obsession over how many private schools have a religious affiliation ignores that they are but a tiny slice of all the available school choices, including the secular district schools that the vast majority of students attend. Students do not lack secular options.

Returning to the AU blog post, the author claims:

The program also violates the state constitution by taking money away from public schools.

No, the appellate court specifically and repeatedly rejected this argument, noting that any reduction in aid to the district schools is entirely speculative. As the appellate court detailed at length, the AU and their allies proved unable time and time again to demonstrate any harm that the district schools incur from the scholarship program.

Despite those problems, two Florida courts have now kicked the case on standing – that is, the right to sue – saying that the plaintiffs, which include interfaith religious leaders as well as educators, don’t even have the right to bring this case. As a result, neither court weighed in on the actual facts of the case.

Incorrect. As noted above, like the district court before it, the appellate court addressed the main issues that plaintiffs raised:

  1. Does the scholarship program violate the Blaine Amendment? A: No, it relies on private funds so the Blaine Amendment is not implicated.
  2. Does the scholarship program unconstitutionally create a parallel system of public schools? A: No, this is a privately funded and privately administered program, not a separate government school system.
  3. Does the scholarship program harm the district school system? A: No, there is no evidence of any harm to the district schools.

The AU and their union allies don’t like the answers that the appellate and district court gave, so they simply pretend that they didn’t give them.

Since the court didn’t weigh in on the facts, here are some other things to consider: Sometimes “school choice” advocates claim low-income students need government assistance to escape “failing” schools. But here, some parents openly admitted that the public school options available to them are actually good.

Here we have a straw man argument. The question isn’t whether the district schools are “good” but rather whether they’re the best fit for all the kids who happen to live nearby. Even a school that performs very well on average can’t be all things to all students, which is why the system should empower parents to choose the schools that align with their values and work best for their children.

So why do they want help paying private school tuition? The short answer is that many of them want education infused with their faith. […] That’s perfectly fine. But Florida taxpayers should not be forced to contribute to the religious education of any child.

Again, as the court ruled, these are private funds. No taxpayer is forced to contribute to a scholarship organization. If a taxpayer doesn’t want to support religious education, they need only refrain from donating to the scholarship organizations, which is certainly their right.

By contrast, all taxpayers are forced to pay into the district school system, even if they have moral objections to what is taught there. If the AU really cared so much about coercion, they should support entirely privatizing education so that no one is forced to subsidize an education with which they disagree.