Monday, August 14, 2023

The School-Choice Moment

By Nicole Stelle Garnett & Michael Q. McShane

Thursday, August 10, 2023

 

Arizona, West Virginia, Iowa, Utah, Arkansas, Florida, Oklahoma, Ohio. No, that is not a list of states being targeted by 2024 presidential candidates. Those are the states that have passed universal or near-universal school-choice programs in the last two years. All but Arizona’s and West Virginia’s were passed in the 2023 legislative session, making this the most successful year in the history of school-choice advocacy.

 

But more important than where school choice has grown are the particular policies that have been passed. Universal education savings accounts (ESAs) are a novel way to fund children’s schooling. Arizona, West Virginia, Iowa, Utah, Arkansas, and Florida either instituted new or expanded existing ESA programs. Unlike the previous generation of choice policies such as vouchers or tax-credit-funded scholarships, ESAs place public funds for education in flexible-use spending accounts controlled by parents. The funds can be subdivided among multiple educational providers to cover the costs of private-school tuition, tutoring, educational technology, curricula, books, and more. ESA programs, in other words, are more than school-choice programs that empower families to choose among schools; they are true educational-choice programs that enable them to customize their kids’ education.

 

In addition to these ESA programs, Oklahoma passed a refundable education tax credit, allowing families to recoup up to $7,500 per child per year for private-school tuition and $1,000 per child per year for homeschooling expenses. All students in the state are eligible, with the amount of the tax credit determined by parental income. Families earning less than the eligible expenses still receive the full credit as a subsidy up to the amount needed to cover private-school tuition.

 

Ohio expanded an existing voucher program to universal eligibility in 2023. Indiana expanded the eligibility for its voucher program to include about 98 percent of Hoosier families. South Carolina also created an ESA program that will eventually extend to families making up to 400 percent of the federal poverty level.

 

It is difficult to overstate what a sea change the last few years have been for educational choice in America. At the outset of the pandemic, just over half a million students participated in private-school-choice programs. By the end of this year, potentially 10 million will be eligible. Even if only a small fraction of the eligible students take advantage of the opportunities, we are in the midst of an education-reform revolution.

 

Why now? To start with the obvious: Educational choice may prove one of Covid’s few silver linings. The pandemic frayed, and in some cases severed, the relationship between families and public schools. Frustrated parents were whipsawed by schools closing and opening according to policies that were often poorly communicated and seemingly nonsensical. As classes shifted online, parents had a window into exactly what their children were doing all day. Many were not happy with what they saw, including low-quality instruction, unambitious or objectionable curricula, low expectations, and general lack of engagement and interest by both teachers and students. Teachers’ unions made a naked power grab when they held schools ransom for nearly $200 billion in federal Covid-relief dollars; their continued refusal to return students to classrooms undermined their political power and credibility. Perhaps not surprisingly, all of this coincided with the emergence of organized parent opposition to curricular content that some considered unacceptably woke and inappropriate for children. Public-school families also objected to the watering down of academic rigor in the name of “equity.”

 

Recent successes in education reform coincided with an acceptance by the school-choice movement that pushing for universal programs is superior to pushing for targeted ones. For decades, a rhetorical focus of choice advocacy has been on rescuing disadvantaged kids from failing public schools, even when poll after poll found universal programs to be more popular. Some aspects of this “rescue mission” rhetoric — especially dispiriting evidence about the negative effects on student learning of remote instruction during the pandemic — continue to animate the fight for universal ESAs. However, the case for universal educational choice is primarily not about improving narrow measures of academic achievement but about empowering parents — all parents — to take control of their children’s education.

 

Perhaps the simplest explanation for why this growth is happening now is that it was due. Max Weber said that “politics is the slow boring of hard boards.” The school-choice movement has been boring into the educational establishment for more than three decades, and the intellectual antecedents to the movement emerged long before that. During this time, states created, refined, and grew dozens of small programs and experimented with different funding arrangements. All told, 33 states, the District of Columbia, and Puerto Rico now have at least one private-school-choice program; and all but two of the states (Utah and West Virginia) that recently passed a universal or near-universal program already had at least one more-modest program on the books. By the time the post-pandemic political conditions became ripe, advocates were prepared to seize the opportunity.

 

***

 

In the months and years to come, our educational system is poised to be dramatically reshaped by choice, as more programs are passed and more kids become eligible. But this is no time to declare victory. Those with even a passing knowledge of education reform know that implementation is where promising programs go to die. No Child Left Behind, test-based teacher evaluation, Common Core, small schools, site-based management — the list could take up a page. Great excitement when programs are created is regrettably not matched by enthusiasm for the essential, if tedious, work of making sure that programs live up to their promise.

 

This is where the school-choice movement finds itself today. The success or failure of educational choice now rests on the ability of many different actors — advocates, regulators, schools, teachers, parents — to adapt to the changing landscape and move from an evangelical posture to one of application. This is particularly true with respect to ESA programs, which pose unique implementation challenges because of their complexity.

 

In light of these challenges, states must take five critical steps soon to ensure success.

 

Parents must be informed about their options. Polling from the nonprofit organization EdChoice has repeatedly found that parents frequently do not even know that their state has a choice program, let alone that they are eligible for it. And the emergence of ESAs, which allow parents to customize their kids’ education, will only compound the confusion.

 

In states with existing ESA programs, nonprofits such as Love Your School and Parents Empowered help parents navigate their options; expanding the reach and replicating the success of these organizations is essential. But before parents can make decisions, they need basic information: Early experience demonstrates the need for program administrators to inform parents — for example, through handbooks, webinars, and training sessions — about the choices open to them.

 

This is particularly true of ESA programs, which can be difficult for parents to understand and navigate. There is considerable worry within both the educational establishment and parts of the school-choice movement — given the range of educational expenses permitted in ESA programs — that parents will make mistakes or, worse, commit outright fraud. The easiest way to minimize the risk is to be crystal clear with parents about which expenses are permitted or prohibited. Most parents don’t want to break the law, and it appears that cases of misspending in existing ESA programs largely result from ignorance rather than malice.

 

Schools and other providers must prepare for, and respond effectively to, the opportunities and challenges provided by educational-choice programs. Few stories in American education have been sadder than the decline of Catholic schools, especially in urban communities. In 1960, more than 5 million American children attended more than 12,000 Catholic schools. In 2022, 1.6 million attended 5,900 schools. Catholic-school closures have deprived millions of disadvantaged students of an educational lifeline and have devastated urban neighborhoods — stripping them of community hubs, eroding social cohesion, and fueling disorder and crime. Educational choice can help reverse that trend.

 

But Catholic and other private schools must be willing to embrace the opportunities that these programs provide. Some religious schools fear that government money will come with regulatory strings that threaten their religious liberty and autonomy. While these concerns are worth taking seriously, most new ESA programs have robust religious-liberty protections built into them. The law authorizing Florida’s program, for example, explicitly states: “The inclusion of eligible private schools within options available to Florida public school students does not expand the regulatory authority of the state, its officers, or any school district to impose any additional regulation of private schools beyond those reasonably necessary to enforce requirements expressly set forth in this section.” Other states included similar language in their laws.

 

Schools should also resolve to use ESA funds to innovate. For example, some might hire more reading and math specialists to address Covid-related learning losses or expand services to kids with special needs. Others might offer part-time or à la carte options, opening up individual classes for students to purchase with their subdividable ESA dollars, or put course content online, allowing great teachers to expand their reach to more students. Private schools and school systems should consider taking advantage of ESAs to expand, start new schools, or seed affiliated micro schools (purposely small schools, usually with fewer than 20 students, which may be a good fit for some smaller communities).

 

States must thoughtfully and deliberately draft program regulations. To begin, who will administer the new programs? The state board of education? A private contractor? Who will answer parents’ and providers’ questions about program details? Will families be able to appeal decisions that they disagree with? To whom? It gets complicated, quickly.

 

We suspect that ESAs will function primarily as voucher programs, at least in the short run, because voucher programs are easier for parents to understand. When they enroll their children in a private school, the school receives the money allocated for the child as tuition. But what if parents want to take a different route and spend ESA dollars on, for example, homeschooling? This is permitted, provided that they apply the funds only to pre-approved educational expenses, such as a curriculum. (They would not be allowed to use their ESA dollars to buy food, household goods, cars, etc.)

 

But what is a curriculum? Does it need to be formally spelled out by a textbook publisher? Does it need to be used by established schools or recognized by homeschool organizations? Can it be created independently by parents? Answers to these questions (and many like them) will shape not only the education that children will receive but also the extent of innovation enabled by ESAs.

 

Regulators will also have to make decisions about which schools and other providers can participate and under what circumstances. Unsurprisingly, the education commentariat cannot seem to resist demanding robust and intricate systems of accountability for educational outcomes. It is reasonable for a state to seek some assurances that children are being educated, but an excessive focus on accountability (for example, demands that parents or schools administer state achievement tests) can backfire by discouraging participation. Where possible, states should allow for a range of ways to achieve accountability goals.

 

Program administrators must make sure that the gears are in good working order. Most states have chosen to enlist a private online platform to deal with the day-to-day administration of ESA accounts. And for good reason. These transactions are immensely complex. In an ideal world, online platforms allow parents to see their balance and pay providers for their services. Vendors, likewise, can log in to see who has paid them for what and track their revenue from families participating in the program. Some versions of these platforms have existed (with plenty of glitches and frustrations) for early ESA programs, and others are entering the market now. Getting them right is critical because parents do not have inexhaustible patience. Platform providers need to work out the glitches, quickly, and have at the ready a robust customer-service apparatus.

 

The first task facing these platforms is to onboard parents and providers. In states where eligibility is not universal, or lower-income families or students with special needs receive more ESA dollars or get priority, that means families might need to upload tax documents or individualized education plans. This can be a challenging and time-consuming process and can deter participation. Platforms must find ways to streamline applications and determine eligibility quickly, and states must insist that they do so up front.

 

It should be the first priority to ensure prompt payments for educational resources and services. Although there is a risk of occasional error, states need not review every payment request. The risk of misspending is present in every government transfer program, from food stamps to Section 8 housing vouchers, but none of them insists on reviewing all expenditures before payment; that would paralyze the system. Periodic audits on the back end should suffice to keep misspending to a minimum. While choice critics undoubtedly will revel in highlighting occasional missteps by program participants, the political embarrassment of these mistakes can be more than offset by thousands of satisfied families. Obsessing over avoiding any errors would lead to administrative hassles that could drive frustrated parents and providers away, dooming programs from the start. It is worth noting that the most recent audit of Arizona’s ESA program (the first to go universal) found an improper payment rate of effectively zero, a success seldom matched by other government programs.

 

States and public-interest legal advocates must prepare for legal challenges. Almost every private-school-choice program in America has been challenged in court. Most of these challenges have failed, but aggressive and high-quality advocacy in defense of such programs remains necessary. Even when states win, lawsuits can tie up programs, delay implementation, and sow confusion and doubt in the programs’ viability.

 

Thankfully, recent legal developments make challenging these programs difficult. In Zelman v. Simmons-Harris (2002), the Supreme Court held that the First Amendment’s establishment clause does not preclude states from empowering parents to use public funds to send their children to the school of their choice, including religious schools. After Zelman, legal challenges shifted to state courts, with opponents typically arguing that such expenditures ran afoul of anti-establishment provisions in state constitutions. These provisions, often referred to as Blaine amendments, preclude states from funding “sectarian” education; they have a well-established anti-Catholic pedigree. A series of recent decisions, culminating last year in Carson v. Makin, render most Blaine amendments a dead letter by making clear that the free-exercise clause prohibits the government from excluding religious schools from private-school-choice programs.

 

These developments will not stop opponents from challenging programs in court, but they do leave those detractors with fewer, and weaker, legal arguments. For example, a common argument against choice programs is that, because they drain resources from public schools, they violate provisions of state constitutions that guarantee access to a public education. This is not a winning argument. State constitutions may require public schools, but they do not preclude states from providing alternative educational options as well. Moreover, most choice programs result in public schools’ having more money per pupil to educate their remaining students. And many ESA programs enacted in recent months were paired legislatively with other education-reform measures, such as salary increases for teachers, that increase public-school funding. What’s more, the available evidence strongly suggests that Milton Friedman was right: Subjecting public schools to competition leads them to improve. All of these facts can be deployed in defense of new programs when they are inevitably challenged in court.

 

***

 

Given the scope, scale, and nature of the educational-choice programs enacted in recent months, observers are rightly asking questions about what the future holds and what success looks like. In the past, the “success” of educational-choice programs has been measured primarily by test scores. Do participating students, all other things being equal, outperform their public-school peers? Academic studies suggest that, yes, they usually do, but not always by much (with a few studies suggesting that participants appear to fall behind academically). Longer-term noncognitive effects — on high-school-graduation rates, college matriculation and graduation, employment, and even a reduced risk of later arrest or incarceration — are overwhelmingly positive.

 

This raises the question: How do we measure success? Are existing measures too test-driven? Survey data show quite clearly that parents do not value test scores as much as researchers do and that many parents do not choose schools so as to maximize their children’s test scores. There is good reason to believe that traditional public schools, for which standardized-test scores were part of state-mandated accountability systems, tended to tailor their instruction to what was going to be on the test. Differences in test-score performance might have been due as much to curricular alignment as to school quality.

 

But even without disputing the value of past research, determining how to evaluate this new generation of programs is difficult. For students who receive education from multiple providers, it will be hard to match a particular educator to a particular effect. Standardized tests seem especially unsuited as a yardstick for programs that, by design, are a rejection of the one-size-fits-all definition of student success that such tests both represent and measure.

 

Perhaps the answer is to listen to, and trust, parents. If, in five years’ time, choice programs are growing, with more and more parents each year wanting to participate and a robust educational ecosystem emerging to serve them, we will know that choice is working. If the programs are stagnating or shrinking, we’ll know that something is off. If there is a healthy churn of educational providers, with lower-quality organizations withering and stronger ones thriving, that will be a great sign.

 

The future of the school-choice movement will be determined by the success of the programs being adopted and expanded at this remarkable moment in the history of American education. If families and educators embrace universal educational choice, more and more states — including, experience suggests, blue states that have been resistant to it — will follow the lead of the early adopters. But if families and educators end up unhappy, the entire edifice of educational choice may crumble. It won’t matter how elegant the arguments are in favor of empowering parents; the proof will be in the pudding.

 

The steps that must be taken, now, to ensure that educational-choice programs achieve their transformational potential in the lives of real families are not as exciting as the arguments and theories that led to their adoption. But choice supporters disregard them at their peril.

No comments: