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

June 26, 2017

giphy

(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.

 

 

Advertisements

Indiana Might Be the Next Florida

February 21, 2010

Matt has written numerous times on the remarkable progress that has been made in Florida, see for example here.  Forces are gathering in Indiana that suggests they may be next to try to full court press of Florida reforms.  The governor, the state superintendent, the Indianapolis newspaper,  and a bipartisan coalition of state legislators on the education committee seem poised to pursue some significant reforms.

First up on their agenda is passage of a bill to end the social promotion of 3rd graders who are unable to read at a basic level.  Patricia Levesque and I each have op-eds in the Indy Star on this topic , with a favorable introduction from the editor.

Check it out.


Welcome to School Choice, Indiana!

July 1, 2009

Welcome to Indiana

(Guest post by Greg Forster)

Yesterday, Indiana Gov. Mitch Daniels signed a budget bill that contained a $2.5 million school choice program. It’s a tax-credit scholarship program that will serve a couple thousand students.

So much for the negative nabobs who think school choice can’t win! No matter how many times it wins, they just keep sticking their fingers in their ears.

There are some eligibility restrictions, but they’re not as bad as the ones on the “legacy” programs in Milwaukee and DC that are restricted to the poor. This program is more in the mold of existing tax-credit scholarship programs in places like Pennsylvania, which include moderate-income families – in Indiana, the eligibility is set at 200% of the cutoff for free and reduced lunch programs. Also, like the program in Florida, Indiana’s program is limited to students who were in public school the previous year.

This means that the program isn’t ideal, but will be much easier to defend against union chicanery than the highly vulnerable “legacy” programs, which don’t provide much benefit to powerful constituencies able to mobilize and preserve the program. Indiana’s program isn’t leading us toward universal choice the way Georgia’s is, where a universal voucher bill is moving through the legislature. But it’s maintaining the gains school choice has made in the last five years, as the movement has moved toward more and more universal choice.