Nevada Tries to Wish Away the Strain

June 5, 2017

(Guest Post by Matthew Ladner)

The Nevada legislative session appears headed to a disappointing end on the school choice front. Governor Sandoval backed away from his threat to veto the budget without funding for the ESA program, and a deal to increase the state’s modest tax credit program passed the Nevada Senate last night. Worse still, despite the wee-tiny Silver State charter sector a bill which appears replete with regulatory measures for charters are headed to Governor Sandoval’s desk. What do you do when you are the state with a catastrophic district overcrowding problem and the charter school tortoise of the region? More bureaucracy to the rescue!

Sigh.

In combination these actions signal an unwillingness to address Nevada’s K-12 challenges seriously. The overcrowding problem isn’t going away. The Review Journal reports that a majority of Clark County schools are over 100% capacity and they included this handy illustration:

 

Does this look like a state that should be only cautiously dabble with private parental choice? Should Nevada be rolling out the red carpet for charter school operators, or subjecting them to state-sponsored harassment? Can the new NFL football stadium being built for a billionaire be used for classroom space? From the Review Journal:

Of data for 344 schools, 230 are over capacity, according to the report. Among those schools, 68 are operating at 125 to 150 percent capacity and 35 are operating at 150 to 175 percent. Two are taking more than double their load, at over 200 percent.

Growing class sizes have been the result of both a budding population — particularly in the high-growth area of Henderson — and multimillion-dollar budget shortfalls.

Budget constraints in 2015-2016 increased class sizes in grades 4-12 by 0.5 students, saving $9.1 million, according to the district. Cuts in 2016-17 added one student in elementary classes and 1.5 students in secondary grades, saving $21.5 million.

That translates to a tight squeeze for teachers and students.

“I think (my son) has suffered, I’m sure he has,” said Rebecca Colbert, a Beatty Elementary parent who said her fifth-grade son is in a class of 39 students. “I know the teacher has. She’s been doing double work.”

8,000 students had filed applications to opt-in to the ESA program. This alone would not have solved Nevada’s overcrowding problems, but it certainly would have helped. The 2015 problems that prompted the NVESA program are larger in 2017 and will continue to worsen. The strain believes in Nevada, even if Nevada tries not to believe in the strain.

The NVESA program continues to exist in an unfunded state, awaiting the possibility of more enlightened leadership who are willing to take the steps necessary to get serious about Nevada’s K-12 problems.



Winning the Blaine Game in Nevada

May 19, 2016

case-dismissed

(Guest Post by Jason Bedrick)

As Matt noted earlier, a Nevada judge upheld the state’s ESA program yesterday. Here’s what the Institute for Justice had to say:

“Today’s decision is a powerful rebuke to the idea that school choice programs undermine education,” said Tim Keller, managing attorney for the Institute for Justice’s Arizona office, “The Nevada ESA program contains both hallmarks of a constitutional school choice program: parents, not the government, decide where their children go to learn, and the government stays entirely neutral with respect to religion.” The Institute for Justice (IJ) represents six Nevada parents who have been approved for ESAs.

ESAs are a cutting edge reform in finding ways to educate a booming population amidst strained state budgets. The ESA program deposits money into accounts controlled by participating parents, who then use it to design a customized education for their children. ESA funds may be used to enroll in private schools, hire tutors, buy textbooks and curricula, and even pick and choose among individual courses at public schools and universities.

“ESAs hand the reins over to parents,” explained Keith Diggs, also an IJ attorney in Arizona. “Kids don’t deserve to be stuck in a school that doesn’t suit them. ESAs will open up a huge array of options and create a market where parents can seek out the education their kids need.”

Over at the Cato-at-Liberty blog, I take a deep dive into the judge’s ruling:

Following the U.S. Supreme Court’s First Amendment jurisprudence, the judge held that the Nevada Constitution prohibits aiding one religion, preferring one religion over others, or aiding all religions in a manner that prefers religion over non-religion, citing in particular the state constitution’s declaration that the “free exercise and enjoyment of religious profession and worship without discrimination or preference shall forever be allowed in this State.” The Blaine Amendment had prohibited “sectarian” instruction in the public schools, but did not preclude the legislature from enacting religiously neutral programs that would provide funding to families to educate their children in the manner they preferred, whether at a religious or secular institution.

…the Nevada judge held [that] any benefit to religious schools from the ESA was ancillary and indirect. The Blaine Amendment “was not intended to preclude any expenditure that has an incidental benefit to religion, where such is made for a primary secular purpose,” and the ESA “was enacted for the valid secular purpose of providing financial assistance to parents to take advantage of educational options available to Nevada children.”

Case dismissed.

Let’s hope the Nevada Supreme Court agrees.


Ladner vs. Smith on NVESA in Education Next

April 26, 2016

(Guest Post by Matthew Ladner)

Nelson Smith and I square off in Education Next on the Nevada ESA program. Podcast debate coming later in the week.

I’ll have more to say later, but for now let me ask, is it just me or is there something odd about Nelson’s fire analogy? I read through it and thought “so everyone pays the taxes to support fire service, but if you pay too many taxes then the fire truck should bypass your house when it is burning.”

Mind you only 42% of Nevada children whose incomes are too high to qualify for a free and reduced lunch (middle and high income students) scored Proficient or Better on the 2015 NAEP 4th grade reading test. It therefore seems like a mistake to me to assume that all is well in the leafy suburbs.

Anyway give it a read and decide for yourself.

 


Nevada Judge Issues Injunction Against ESA Program

January 11, 2016

[Guest Post by Jason Bedrick]

Terrible news today for families that had been hoping to start using education savings accounts to customize their children’s education:

CARSON CITY — A state judge Monday put the brakes on Nevada’s education savings accounts, granting an injunction sought by opponents who said it would drain critical funding resources from Nevada’s public schools and is unconstitutional.

District Judge James Wilson, in a 16-page ruling, said the state constitution requires “the legislature to set apart or assign money to be used to fund the operation of the public schools, to the exclusion of all other purposes.”

Wilson said because Senate Bill 302 diverts some general funds appropriated for public schools to fund private school tuition, it violates sections of the constitution.

“Plaintiff parents have met their burden of clearly proving that there is no set of circumstances under which the statute would be valid …” Wilson wrote.

An appeal to the Nevada Supreme Court is anticipated.

Let’s hope the case reaches the state supreme court speedily and that the justices act justly.


Yo Adrienne! Context is crucial on early NVESA applications

October 30, 2015

(Guest Post by Matthew Ladner)

Early applications for the Nevada ESA program show that a majority of applicants thus far come from well to do areas, and 21% of applicants thus far qualify for the higher amount for low-income families.

Maybe Howard Fuller was right? Nope- at least not yet. Let’s keep clear of the panic button.

The program does not commence until January, and so these applicants represent the earliest of early adopters. Efforts have commenced to raise awareness of the program in low-income areas, but such efforts take time. Nevada’s private school sector has a small footprint and it should not shock anyone that most private schools are located in relatively affluent areas- which will impact interest in the program.

It’s worth noting that many suburban Nevada schools have overcrowding issues, and spots opening in suburban districts create open-enrollment transfer opportunities for non-residents. Most important of all- NVESA is not a fire it and forget it program. We will need the efforts of both philanthropists and innovators in order to increase the supply of private school space in under-served areas. Sadly the two lawsuits attacking the program will likely slow this process to the detriment of low-income families. Moreover parents have the ability to pursue education outside of private schools under NVESA, but again, we should expect this to unfold incrementally over time.

NVESA is not a magic bullet, and it will not instantly transform education, dry every tear or solve every problem. This is a marathon, not a sprint.

 


Yo Mick! Call me an ambulance, I’m getting in the ring with Howard Fuller

July 20, 2015

(Guest Post by Matthew Ladner)

The school choice tent stretches broadly over a wide stretch of the philosophical turf, hanging over rich intellectual traditions on both the right and left. Any movement that can encompass people as diverse as Milton Friedman and Daniel Patrick Moynihan is going to have more its share of philosophical disagreements- and someone else’s share for dessert.

In my early years of serving as a school choice padawan I found this discord disorienting. Eventually however I grew to appreciate the beauty of the movement’s diversity. Howard Fuller, one of the founders of the modern choice movement, helped to inspire a deep appreciation of the importance of equity that I continue to carry with me today. Recently however Dr. Fuller took a position against the new Nevada Education Savings Account program. It’s time for a good ole fashioned rumble under the tent.

Dr. Fuller recently came out against the Nevada ESA program due to the near universal eligibility in the law. It is with no small amount of trepidation therefore that this school choice middle-weight will step into the ring with a school choice heavy-weight to explain why I think Dr. Fuller’s critique fails. I’ll do my best to give Dr. Fuller a good fight to defend Nevada’s honor. Win, lose or draw I am confident we will walk out of the ring friends, although I may be a more than a bit worse for wear.

Dr. Fuller delivered a blistering synopsis of his viewpoint in a podcast interview for the RedefinED blog. I am fearful to report it to you, as it is incredibly compelling. Here goes:

The thing that I most worry about is that people will forget the importance of protecting poor people in this. Because one thing I found about movements, and particularly as we begin to talk about we got to protect the middle class – all of which I’m not opposed to – what I learned over time is that there’s not some group of people, and I hope BAEO is going to at least be that group, that consistently and unapologetically says we’re in this to protect the interests of a lot of the poorest people.

Because I found that if that doesn’t happen, that somehow their interests will be put aside. And we get all kinds of reasons why and this and that. So I just want people to know … when folks move towards universal, just know that some of us are going to fight it. And we’re going to fight it because our history has taught us what happens when you establish a program that’s allegedly for poor people and then all of a sudden we all got to get in it and this and that and all lifeboats get lifted and this and that. I have found that all the life boats don’t get lifted.

And so I just want everybody to be clear that there’s some of us in this room that will never give up on the notion of standing for the poorest people in our society. And we will not let people just lightly go on as if America has proven that it cares deeply about the poorest people. Because to me the opposite is true.

That’s the thing that worries me about this movement and it’s something people don’t always like to hear. Why is he saying that? I’m saying it because I just want people to be clear where we are. And why we are where we are. Because every day, I see our poorest children dealing with issues that most of us will never even contemplate, let alone live.

Okay so that does look like a knockout- but let’s assume for the sake of argument that Howard put me on the canvass but I got a standing 8 count and my corner is administering to my impaired vision. Cut me Mick!

I agree with Dr. Fuller that expanding opportunity for poor children is vitally important. I also believe that Nevada’s very limited supply of seats in existing private schools will go quickly and much of that limited supply of seats some of those seats will be beyond the means of those utilizing ESA funds alone. I also believe however that this is of limited significance to the bigger picture: NVESA can and will expand opportunity for the Silver State’s poor children.

Nevada begins its private choice journey with a very small private school sector-about half the national average (see page 25) at 5.5% compared to a national rate of 10%. The number of private school seats in existing private schools will therefore prove limited. The tuition at some of these existing schools will exceed the maximum subsidy amount for either low or high-income kids. The interests of the vast majority of Nevada students choosing to participate in the program- both poor and non-poor-must focus primarily focus on the options outside of private schools and in the creation of new private school seats.

First let’s discuss equity. NVESA provides 12% greater funds to low-income and students with disabilities than to middle and high-income students- $5,700 to $5,100. The modesty of these funds was not driven by ideological fervor on the right, but rather by an instinct to protect school districts-which receive far more than either of these figures in total funding. NVESA is only accessing state funding, whereas districts get a great deal of funding from the local level. It may be possible to supplement the ESA for disadvantaged children with the state’s also new tax-credit program, but with a $5m statewide cap it can only do so much.

A $600 advantage for poor children under the ESA program may look small in isolation, but huge compared to the way Nevada finances public schools. Current funding per pupil in Nevada districts varies between around $8,500 per pupil in Clark and Washoe districts (Las Vegas and Reno areas) to as much as $38,284 in one of the small rural districts (see page 86). The vast majority of kids-and poor kids-find themselves clustered in the two large districts with more modest per pupil funding.

Even more important than equity issues between districts are those within districts. Dig around a bit into the finances of fancy public schools in Nevada and you’ll find that they spend vastly greater amounts than average for the district. Spending per pupil, for instance, in the posh Incline Village High School stood at $13,248 per child compared to a statewide average of $8,274.

Should we worry that some in Incline Village may give up their spot at their $13,248 per year public school for a $5,100 ESA? I’m not going to lose sleep over it for two reasons. Only 48% of Nevada’s middle and high income Anglo students scored proficient or better on the 2013 NAEP 8th grade reading test. You read that correctly- less than half. Perhaps Incline High could use a little competition. Second, to the extent that Incline parents do take advantage of the program, it may open spots for transfers among students whose parents work in Incline but who cannot afford to live there.

The Nevada public school system gives the most to the kids who start with the most. This should come as a shock to no one- the taxpayers in Incline Village almost certainly pay more tax than average to go along with their higher levels of spending. John Rawls might imagine a world in which Incline parents pay their big tax bills but send their children to public schools with below average funding. It’s not however the public school system of the world we live in.

The ESA program on the other hand gives the most to the kids who start with the least- making it far more progressive than the public school system itself. Granted that both Drs. Fuller and Ladner would like to see it do still more for disadvantaged kids (I’m especially anxious to add a system of special education funding weights that Nevada currently lacks even for public schools to the program). “Better than the public schools at equity” may not mean adequate mind you. Unless however either of us is going to call for the dissolution of the Nevada public school system on equity grounds for poor children, we should both support the ESA program.

Dr. Fuller could still oppose private choice programs that he fears will not benefit poor children, even if it involves applying a bit of a double and/or higher standard. I believe the Nevada ESA will create such opportunities. Let’s again focus on those preexisting private schools. They educate 5.5% of Nevada’s school children, which amounts to around 24,000 students. Let’s make the heroic assumption that they can squeeze and increase enrollment by 50%. That’s around 12,000 students. The United States Census Bureau currently projects Nevada to add almost 300,000 5-17 year olds between 2010 and 2030, with a total school aged population of 765,000 in 2030. One should view the current private schools, in other words, as of limited relevance to the ultimate success of NVESA. The game in Nevada will be won or lost based upon making options outside of traditional schools work for kids, and in the creation of new school seats.

Let’s discuss the non-traditional options first. NVESA allows for an a la carte approach through the use of private tutors, online programs and individual courses from various providers. Homeschooling serves as the obvious model for study for an a la carte approach. Homeschooling has been the fastest growing parental choice option, which ESA parents should regard as a decades long learning experience to examine.

“Do it yourself” education is obviously not an option that fits every child or every family’s schedule, but decades of experience has led to the development of co-ops that makes the practice more accessible including the need for custodial education. Cooperative education moves “do it yourself” to more of a “do it ourselves” voluntary association, making this option less intimidating for many people. What can low-income parents make of this experience and $5,700 in a use-restrict education account? I’m not sure, but I am anxious to see how they proceed with their new freedom. This much is for certain: every low-income child in Nevada will have opportunities which they lacked before the passage of ESA, even if there were not a single private school seat available. ESA is not your father’s Oldsmobile.

In the more traditional custodial private school space, the challenge will be to open new schools that can deliver a high-quality education at a $5,700 per pupil or lower price point. Can this be done?

We can’t be sure, but the stage is set for innovation. The price point is very low by today’s standards, but we do have people experimenting with new schooling models in the private sector space that aim to deliver good results at low costs. The grandfather of these efforts would be the Cristo Rey schools- which began the process of having low-income students share an office job in order to keep their costs down. Cristo Rey serves 9,000 students nationwide, 96% of whom are children of color and they charge an average tuition of $1,000 per year. All of Cristo Rey’s 1,400 graduates were accepted into college in 2014. Fire up the Bat-Signal over Vegas and put the pedal to the metal on reaching scale in Nevada!

Cristo Rey began an experiment with blended learning in 2014. Other private school operators have begun exploring blended models school models as well. While the academic results from the blended Cristo Rey school demonstrated strong early promise (students averaged a year and a half sized mathematics gain during a summer preparatory camp) the ultimate goal of these experiments will be to find an appealing mixture of in-person and technology based learning that increases academic return on investment.

Philanthropic effort will almost certainly focus on the Las Vegas area, where the vast majority of Nevada low-income students reside, not on Incline Village. This is a huge challenge, and a great deal of work lies ahead in implementing this law if it is to realize anything close to its full potential. Banish any thought that NVESA is a “fire it and forget it” type of program- the devil lies in the details of implementation.

Nevada’s low-income children will have new opportunities as a result of this program. The advantages created for the already advantaged pale compared to those already offered to them in the public schools.  Unlike the public school system, the ESA program creates an advantage for the poor. Finally Nevada’s ESA program will live or die on innovative education strategies and new private school seats. The school choice supporting philanthropists who Dr. Fuller and I have worked with for decades will have a heart for the poor in that process. I’ve thrown almost all my punches, but I’ve got one left that I saved for the final round.

My last punch is a question of fairness and soundness of strategy. I do not believe that there would be a public school system today if Horace Mann had labored under a notion that high-income people should pay school taxes but should not be eligible to send their children. I have yet to hear anyone seriously propose to means test public schools-the mere thought of it is outlandish. Some very wealthy people choose to pay private school tuition above and beyond their school taxes, but try to take away their child’s eligibility to attend public schools and you will have a fight on your hands-and rightly so. Wealthy people pay their taxes just like poor people do, and in most places they pay far more taxes. Rather than make the well to do enemies of public education, our forefathers decided (wisely in my view) to allow them to attend like everyone else.

We have universal access to district schools, charter schools and digital education programs and public universities. Everyone helps to pay for them, everyone deserves access stands as a guiding principal. Everyone pays Social Security and Medicare taxes; everyone is eligible for the programs. Defenders of those programs treat means-testing proposals like a mortal threat because they understand that universal access stands as the foundation of broad public support. Perhaps until recently, school choice programs operated at such a small scale that it might be possible to avoid the elephant in the room: everyone pays for school choice programs so on what basis would we deny them to anyone?

The poor do have among the biggest problems in Nevada education, but they do not have the only education problems. The Nevada ESA program strikes an appealing balance of near universal eligibility with a funding advantage to the poor. Policymakers can improve upon the equity in the program. I and many others will activity support such improvements. I think the program merits Howard’s support however as it stands as a huge improvement in the opportunities available to Nevada kids.

Yo Adrienne! I’m all punched out and the final bell has sounded. Let’s go to the judges. They (meaning you dear reader) can decide whether this is Rocky where Apollo wins and is still the champ, or Rocky II where our raw-egg chugging everyman scrapes himself off the canvass faster than the champ and pulls the upset. Either way, if Dr. Fuller takes the time to respond, I am up for a rematch.