The Folly of Overregulating School Choice: A Response to Critics

January 8, 2016

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[Guest Post by Jason Bedrick]

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

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

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

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

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

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

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

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

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

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

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

[Originally posted at Cato-at-Liberty.]


What Else Could Explain Negative Result from Louisiana?

January 7, 2016

(Guest Post by Jason Richwine)

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

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

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

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

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


Say it with me now: Justice Clint Bolick

January 6, 2016

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[Guest Post by Jason Bedrick]

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

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

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

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

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

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

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

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

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

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


The Folly of Technocracy

January 5, 2016

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[Guest Post by Jason Bedrick]

Yesterday, Matt addressed the “very bitter lesson” of the recent NBER study’s first-ever finding of a negative impact from school choice. I concurred with Matt over at Education Next today. It’s also worth noting that the results should not have been surprising. Jay, Matt, Greg, Andrew Coulson, Robert Enlow, Rick Hess, and others warned that a rigid test-based accountability system could have serious unintended consequences. Indeed, here is a recap of this very debate two years ago:

For years, factions within the school choice movement have argued over the effectiveness and wisdom of numerous regulations. For example, when the Fordham Institute released a “policy toolkit” praising Louisiana for mandating the state test, among other regulations, it launched a vigorous debate. Andrew Coulson and I argued that, while well-intentioned, uniform testing mandates would stifle diversity and innovation. Matt Ladner warned that Fordham failed to recognize the “natural limitations of technocrats” in their overconfidence about the ability of policymakers to guard against the “risk of self-defeating homogenization of the school offerings available.” Robert Enlow of the Friedman Foundation for Educational Choice cautioned that governments are “prone to politicial decisions and special interests,” and that accountability should be primarily to parents, not bureaucrats. Jay Greene noted that “testing requirements hurt choice because test results fail to capture most of the benefits produced by choice schools,” and that “highlighting a measure that severely under-states performance puts those programs in jeopardy.” AEI’s Rick Hess expressed skepticism that “policymakers have a Goldilocks-like ability to find the ‘just right’ solution” and called the Fordham report “surprisingly naïve about the realities of the legislative process and regulatory creep.”

Ultimately, the Fordhamites dismissed these concerns. Future Fordham president Michael Petrilli waved them away as mere “hypotheticals” whereas his concerns—such as parents making bad decisions and the long-term impact of crummy schools on kids—were “all playing out, right now, in the real world.” Noting that “we have to work hard to get the policy design right,” Petrilli “applaud[ed] Louisiana and Indiana policymakers for doing a darn good job on this front with their statewide voucher programs.” Then-president of Fordham Chester Finn, went further, arguing that “it’s insane to expect [the] marketplace to yield quality control, efficiency, and accountability for educational outcomes.”

(Ironically, Petrilli also expressed his fear that “bad private schools will get lots of media attention, which will drive down public support for school choice and strengthen the hand of those who opposed such programs in the first place.” Sadly, the negative findings in the NBER study stemming from Petrilli’s preferred policies are likely to do more damage to the public support for school choice than any one bad school could ever do.)

Petrilli’s concerns about crummy schools are perfectly reasonable. Indeed, all his interlocutors share them. In this debate among friends, everyone wants what is best for children. Where they differ is over the best means to improve educational quality. Given that there is no perfect system, the question is what sort of system is most likely to produce the best outcomes.

 


Stop! Hammer Time!

January 2, 2016

(Guest Post by Matthew Ladner)

In the great tradition of Marvel’s No-Prize and our own Al Copeland Humanitarian Award, I am very pleased to have received a 2015 Hammer Award from the Arizona Chamber of Commerce!

Mr. Education: Matt Ladner. Dr. Ladner’s blogs on NAEP scores and the outstanding performance of Arizona’s charter schools, which put us in a statistical dead heat with top-performer Massachusetts, were must-reads for education wonks and those of us tired of reading only the bad news about Arizona’s K-12 system. Dr. Ladner offers readers a welcome and needed national perspective. We are lucky he is based here in Arizona. He’s the Paul Goldschmidt of education policy: he’s a gentleman, generous with his time, and produces the equivalent of quality at bats every game. 

I have not felt so honored since being awarded the first (and as far as I know only!) Lifetime Bunkum from NEPC, and after that Mrs. Ladner had to my post bail and then drive me to the hospital. I mean who could have possibly suspected that Caesar’s Palace suites could catch fire? Jay and Greg tend to point fingers at each other. Or maybe it was Holly Madison and those tigers that are  really to blame. Enlow just had to invite them back to the suite. In the end we all know that all roads of suspicion ultimately lead back to the Barbarian.

In any case it was a heck of a week until that happened.

But I digress…any time someone who could not jump rope to save his life gets compared to the great Paul Goldschmidt it’s time to celebrate, or better yet to CeleNAEP, just a little calmer this time! My sincere thanks to my great partners in reform at the Arizona Chamber of Commerce and A for Arizona.


It Is TOTALLY About the Money

December 30, 2015

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(Guest post by Greg Forster)

Choice Remarks carries my article on OU President David Boren’s proposal to solve our education problems by throwing money at them – and doing so totally indiscriminately. Here’s one part of the proposal:

Another $125 million would go to higher education to keep down tuition and fees.

Yeah . . . I’ll just leave that there.


The United States of Lake Wobegon

December 23, 2015

[Guest Post by Jason Bedrick]

On the campaign trail in Iowa yesterday, Hillary Clinton said she “wouldn’t keep open any school that’s not doing a better than average job.”

Andrew J. Coulson responds: “Garrison Keillor, please call your office.”


Bigotry vs. School Choice

December 21, 2015

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[Guest Post by Jason Bedrick]

The historical role of anti-Catholic bigotry in fueling opposition to school choice is well known. Justice Clarence Thomas recounted it in Mitchell v. Helms (2000):

[H]ostility to aid to pervasively sectarian schools has a shameful pedigree that we do not hesitate to disavow. […] Opposition to aid to “sectarian” schools acquired prominence in the 1870’s with Congress’s consideration (and near passage) of the Blaine Amendment, which would have amended the Constitution to bar any aid to sectarian institutions. Consideration of the amendment arose at a time of pervasive hostility to the Catholic Church and to Catholics in general, and it was an open secret that “sectarian” was code for “Catholic.” […] Notwithstanding its history, of course, “sectarian” could, on its face, describe the school of any religious sect, but the Court eliminated this possibility of confusion when […] it coined the term “pervasively sectarian”–a term which, at that time, could be applied almost exclusively to Catholic parochial schools and which even today’s dissent exemplifies chiefly by reference to such schools. […]

In short, nothing in the Establishment Clause requires the exclusion of pervasively sectarian schools from otherwise permissible aid programs, and other doctrines of this Court bar it. This doctrine, born of bigotry, should be buried now.

Sadly, it is far from buried. Some opponents of greater parental choice in education still find religious bigotry to be a useful tool in pushing their agenda. Consider the following excerpt from this (factually challenged) letter to the editor from Charles Sumner, president of the Nashville chapter of Americans United for Separation of Church and State:

After the Memorial and Remonstrance against Religious Assessments was circulated in Virginia by Madison and Jefferson, our nation decided we would never again send tax money to religious groups.

When I asked the principal of a Nashville Muslim school, I was told they would accept vouchers. However, most mainline religious groups are not known for having schools.

What an interesting choice of religious affiliation to cite as an example. Perhaps Donald Trump suggested it? And how helpful of Mr. Sumner to note that Islam is not “mainline”! [wink wink, nudge nudge] Apparently neither are the Catholics, since “mainline” religious groups apparently send their kids to the government-run schools, like they’re supposed to.

Although we disagree over school choice, Americans United has admirably defended religious minorities like Muslims when they experience persecution. Do the higher ups at Americans United know that a chapter president is not-so-subtly exploiting anti-Muslim bigotry for political ends? And what do they intend to do about it?

I highly doubt that the Americans United executives are themselves bigoted, but it’s worth noting that their reasons for opposing school choice today closely resemble those of the anti-Catholic bigots a century ago. When Catholics asked for public funding of their schools just as the Protestants received for theirs (i.e., the supposedly “public” schools), the Protestant establishment responded that the Catholics certainly had the right to open their own schools, but that they shouldn’t expect public funding because their schools were “sectarian” whereas the public schools were open to everyone.

Of course, that was true only in theory. In practice, the public schools reflected the views of the, shall we say, mainline religious groups, so Catholics had to choose between sending their children to schools that taught beliefs contrary to their own or opening their own schools.

When what is taught is schools is decided through a political process, there will be winners and losers. Politics is a zero-sum game. At best, the majority will have their views reflected in the schools and minorities will not. At worst, a well-organized minority will impose its will over even the majority. But even in the best case scenario, minorities like Catholics, Muslims, Jedi, etc. lose out:

Let’s consider an imaginary “public” school district where there are three groups of people: Hobbits, Ewoks, and Terrans. Each groups has very different and passionately held views about what should be taught in school and how it should be taught. All three groups are required to pay taxes to support the district school, which is ostensibly nonpartisan, nondenominational, and open to all. However, the majority of the district is Terran so the school reflects the Terran preferences. When the Hobbits and Ewoks open their own schools and seek equal per-pupil support from the local government, the indignant Terrans respond that the district school is meant for everyone. “It’s your right to open your own schools,” explain the Terrans, “but it’s your responsibility to pay for them.” Thus the majority brazenly forces minority groups either to abandon their values or to pay for two school systems. And lower-income minorities may have no choice at all.

A system of school choice, by contrast, enables minority groups to enroll their children in schools that align with their values without placing upon them the burden of supporting two school systems.

At the very least, Americans United should repudiate Mr. Sumner’s comments and take appropriate disciplinary action. Better yet, they should rethink their approach to education in a pluralistic society.


Random Pop Culture Apocalypse: Amazing Duet

December 16, 2015

I came across this video and am convinced that the world is a better place knowing that it exists.

This is not an odd-couple duet, like David Bowie and Bing Crosby singing Peace on Earth/Little Drummer Boy.  Dylan and Cash were actually mutual admirers and there is significant overlap in their musical styles.  So, I am not posting this for its ironic humor.  Instead, I think this is a particularly touching rendition of a beautiful song.  And for anyone who thinks Bob Dylan can’t sing, listen to him harmonize with Johnny Cash at the end.

It’s not a particularly polished performance.  But it sounds very different from Dylan’s solo version and has an air of authenticity around it.  Unlike the artificial feel of the Bowie and Crosby duet and most other TV variety show performances, this actually feels like two friends picking up the guitar and just playing a song together.  Enjoy.


The College Readiness Illusion – A Reply to Mike Petrilli

December 10, 2015

(Guest Post by Ze’ev Wurman and Bill Evers)

In a recent piece on his web site Mike Petrilli, the president of the Fordham Institute, makes a rather strange case arguing that Common Core is alive (and well?). He quotes multiple blogs that argued the recent Massachusetts decision to abandon PARCC and replace it with MCAS 2.0 (Massachusetts’s own test) is a blow to Common Core and PARCC, but instead he argues that the replacement of PARCC by MCAS 2.0 “is no repudiation of PARCC.” His reasoning?

[T]here’s every reason to believe that MCAS 2.0 is going to look much the same as PARCC 1.0. This is akin to a state dropping the “Common Core” label but keeping nearly all of the standards. It’s essentially a rebranding exercise undertaken for political reasons.

Now, we don’t know whether Petrilli is right or wrong about MCAS 2.0, and we are quite willing to believe his sources are better than ours. So what Petrilli is actually saying is that PARCC has been saved in Massachusetts by its own elected officials deceiving their constituents and spending millions of extra dollars to create a fakely different MCAS 2.0. If he is right, this is in line with similar rebranding efforts elsewhere across the nation intended to confuse the parents and keep them in the dark. Yet even if true, one wonders why he brags about deceiving parents, and one wonders how Massachusetts will react to being deceived, given that a statewide ballot to repeal Common Core has just been submitted to the Secretary of State there.

Petrilli then goes on to “prove” that Common Core has been successful and hence is healthy. First, he argues that, with Common Core, standards are “dramatically improved” when compared to the prior state standards. Opinions vary on this point, yet what nobody disagrees with is that nationwide student achievement on the NAEP took a sharp dive across the board this year for the first time ever, precisely five years after Common Core’s “dramatically improved” standards were adopted by most states.

Petrilli continues and praises the “quality of the reading, writing, and math tests in use throughout the country” under Common Core, and their alignment “with college and career readiness,” arguing a “huge improvement” in what he calls the “honesty gap” between what test say and true college readiness. It seems Mr. Petrilli is unaware of the “honesty” of Common Core test results from California. For many years California assessed college readiness of high school students, and the results were slowly but steadily improving until last year. Suddenly, with the new Common Core “college-readiness” Smarter Balanced test, 20% more students this year are suddenly “college ready” in English and more than twice (110% more, to be precise) are “college ready” for math. If these clearly-fake results seems to suffer from Petrilli’s honesty gap, the number of conditionally college ready in English almost tripled(!) from less than 50 thousand to almost 140 thousand students overnight. Perhaps we should rename it Common Core’s “college readiness illusion” instead.

He goes on to acknowledge we have little evidence that Common Core improved instruction in the classroom, yet he argues that “we do know is that higher-quality curricular programs have been developed, and at least one—Eureka Math—is being widely used all across the country.” Actually, we do not know that higher quality programs are in effect, as the recent NAEP collapse indicates. Were truly higher-quality programs being used, we would expect the NAEP scores to rise rather than fall. Moreover, we would expect not to have hundreds of exemplars of math instructional idiocy propagated across the nation and on the Internet, all clearly labelled “Common Core Aligned.”

Finally, Petrilli turns to the comparability among states that Common Core supposedly allows. He somehow forgets to mention states like Washington, or Ohio, or Arkansas, which “re-defined” Proficiency on Common Core test results to suit their own needs rather than to aid comparability.

Based on all that, Petrilli declares that the Common Core standards “are still very much alive” and that cut-scores “are dramatically higher than ever.” We agree that Common Core is still – albeit barely – alive and that millions of students are going to be harmed before it is finally and completely dead. But we also observe that the federally-sponsored consortia are already almost dead and that their college-ready cut-scores are — how to put it politely? — fake.