Illinois Senate Overrides Rauner’s School Funding Veto; Will House Save New Equity Plan?

School finance in somebody else’s state seems like the ultimately irrelevant, boring, and “in-the-weeds” kind of topic. Except that what is happening in Illinois ought to interest us all because it is a microcosm of today’s ideologically driven, rancorous and dangerously divisive state politics.

In Illinois, discord between the General Assembly—both houses dominated by Democrats—and the far-right Republican Governor, Bruce Rauner, has left a statewide school funding crisis looming over the beginning of the school year. In July, the legislature overrode Rauner’s veto of the state budget, but then on August 1, Rauner vetoed part of the school funding distribution formula on which the budget was based. Gov. Rauner has the power in Illinois to veto or amend parts of a piece of legislation, and he used his “amendatory veto” on the school funding formula.  Rauner also showed his true political priorities right after the Democratic legislature overrode his budget veto when he fired key officials in the Governor’s office and replaced them with a staff from the Illinois Policy Institute, an ALEC-affiliated, far-right think tank.

But there are new developments this week. On Sunday, August 13, the Illinois Senate overrode the Governor’s school funding veto. The outcome in Illinois now depends on the House, which begins a special session today to try to resolve the crisis. It is expected that a veto-override will be harder to arrange in the Illinois House.

Here is some background on the school funding crisis threatening the wellbeing of children in Illinois as the 2017-18 school year begins. Until the first week of July, an ideological impasse between Rauner and the legislature had left the state without a budget since Rauner’s election two and a half years ago.  The funding crisis had undermined universities, health care, and social services along with public education. In June, after Rauner vetoed a state budget passed by both houses of the General Assembly, lawmakers finally came together on July 6 to override his veto. But the budget stipulated that school districts would not be able to access their state funds until the Governor approved an “evidence-based” school funding formula, passed by both houses of the legislature, but not yet sent to Rauner for his signature.

Then on August 1, Rauner vetoed that school funding formula. Illinois law permits Rauner to impose what the state of Illinois calls an “amendatory veto”—the right to veto part of a bill—in this case the part of the school funding plan that Governor Rauner called  “a bailout” for the Chicago Public Schools. (Here is an explanation of some of the complexities of Illinois law and the current school funding mess.”)  After Rauner vetoed parts of the school funding formula, the Chicago Tribune explained: “Rauner’s veto sets the stage for weeks—and potentially months—of uncertainty, kicking the issue back to Democrats who control the General Assembly. The senate now has 15 days to consider the veto, then the House gets another 15 days.”

This past Sunday, August 13, the Illinois Senate voted, 38-19, to override Governor Rauner’s amendatory veto of the school funding plan. Here is Tina Sfondeles for the Chicago Sun-Times: “The Illinois Senate on Sunday moved quickly to override Gov. Bruce Rauner’s amendatory veto of a school funding measure he’s declared a Chicago bailout…. The Illinois House has 15 days to act on an override…. State aid payments to school districts were to be sent out on Aug. 10—but the state needs an ‘evidence-based’ school funding formula approved before it can release those funds, per an agreement Democratic leaders inserted into a budget package. The vote came a day after the Illinois State Board of Education released an analysis of the veto that found Chicago Public Schools would receive $463 million less in funding this next school year under Rauner’s funding plan than the measure approved by the Democrat-controlled Illinois General Assembly.”

The Chicago Sun-Times recently reported that the city of Chicago, whose mayor controls the nation’s third largest public school district, has said it would deliver an additional $269 million to the Chicago Public Schools “from the city of Chicago government to balance its $5.79 billion operating budget for the coming year, school officials announced Friday… The $269 million in local funding would be in addition to state money that school officials are hoping will arrive through school-funding legislation that’s been the subject of yet another ongoing political battle in Springfield.”  The Chicago school district has been experiencing a funding crisis for years, closing schools, cutting staff, and borrowing until its bond rating has collapsed. Like other school districts across the state that serve concentrations of very poor children, Chicago has suffered for years from a statewide system that fails to recognize disparities across school districts in local taxing capacity and the enormous needs of school districts in poor areas.

In an interview for Alternet with Jennifer Berkshire, Dusty Rhodes, a reporter for NPR Illinois, explains the history of Illinois’ highly unequal school funding, something legislators tried to address in SB1, the bill that recently suffered Rauner’s amendatory veto: “Really what SB 1 is is a way of quantifying what kind of resources a school needs and coming up with what’s called an adequacy formula for each district.  Our current school funding formula just says,  ‘here’s how much it costs to educate a kid in Illinois: $6,119.’  Period. The current formula is also heavily dependent on property taxes, which means that areas with malls and fancy homes are able to spend considerably more on education. So we have a district that spends $32,000 a year per child and districts that spend $7,000.”

As if we couldn’t read the signs that the school funding fight in Illinois is part of the state-by-state, far-right assault on public services, last week we learned that Governor Rauner has been working with Cardinal Blasé Cupich, who leads Chicago’s Catholic Archdiocese, to push for the addition of tuition tax credits, a form of private school vouchers into the school funding mix. Rauner is implying perhaps he’ll compromise on the school formula if the Legislature will only insert private school vouchers into the school funding plan. The program Rauner proposes would start relatively small. The state would grant only $100 million in tuition-tax-credit vouchers the first year, but Rauner’s proposal would allow the private school voucher plan to grow rapidly year-by-year. The plan would make children in poor and middle class families eligible—children in families with income up to $113,775.  Tuition tax credit vouchers would significantly reduce the state’s general fund, of course—the pot of money from which public schools are funded.

Illinois exemplifies statewide politics as described by economist Gordon Lafer. State governments have become the focus of a fifty-state strategy by the far-right: “For three decades, beginning in the Reagan administration, authority over social and economic policy and programs has steadily moved from the federal to state governments. Unemployment insurance, welfare, food stamps, transportation, education and health care spending…. Fewer than one-quarter of adults are able to name their state senator or representative, and fewer than half even know which party is in the majority… For all practical purposes, these debates take place in a vacuum. Apart from labor unions and a handful of progressive activists, the corporate agenda on such topics encounters little public resistance at the state level because hardly anyone knows about or understands the issues.” (The One Percent Solution, p. 34)

Twenty-six states today are now dominated by far-right ideologues in both houses of the legislature and the governor’s mansion. Others are ideologically fractured.  Illinois, with a Democrat-dominated legislature and a far-right Republican governor, is the site of the kind of battle that is lacking in what are now 26 all-Red states, where, too often, taxes have been quietly slashed, school funding reduced, or vouchers, tuition tax credits or Education Savings Accounts passed without a fight. The far-right continues to transform state governments—through massive corporate lobbying and the influence of the American Legislative Exchange Council (ALEC) and its network of statewide think tanks like the Illinois Policy Institute.

Illinois is the perfect window through which we can watch the implications of this kind of fight.

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What Can Betsy DeVos Be Thinking?

What can she be thinking?  Can she be thinking at all?  That is what I wondered when I read what Betsy DeVos told the annual meeting of the American Legislative Exchange Council (ALEC) last Thursday.

Here is what our U.S. Secretary of Education said: “Choice in education is good politics because it’s good policy. It’s good policy because it comes from good parents who want better for their children. Families are on the front lines of this fight; let’s stand with them.” She continued: “Just the other week, the American Federation of Teachers tweeted at me…’Betsy DeVos says (the) public should invest in individual students. NO. We should invest in a system of great public schools for all kids.'”

In her ALEC speech, DeVos continued, explaining her disagreement with the American Federation of Teachers: “I couldn’t believe it when I read it, but you have to admire their candor. They have made clear that they care more about a system—one that was created in the 1800s—than about individual students.  They are saying education is not an investment in individual students.”

DeVos continued—defining her own philosophy of education as derived from England’s Margaret Thatcher: “Lady Thatcher regretted that too many seem to blame all their problems on ‘society.’ But, ‘Who is society?’ she asked.  ‘There is no such thing!  There are individual men and women and there are families’—families, she said—‘and no government can do anything except through people and people look to themselves first.'”

Finally, DeVos summed up what she learned from Margaret Thatcher: “This isn’t about school ‘systems.’  This is about individual students, parents, and families. Schools are at the service of students. Not the other way around.”

I guess DeVos has now explained what she meant in 2015 when she declared, “Government really sucks.”  I guess she believes the common good will magically arrive when all this self-seeking is aggregated.

I have a lot of problems with this kind of magical thinking. First, the idea is that government ought to get out of the way, but at the same time, there is the assumption that government ought to pay for it all with vouchers and tuition tax credits and education savings accounts on top of the traditional schools.  Who is going to want to pay taxes for all of this and why should we?  If individuals are on their own, maybe individuals and families ought to take care of it.

Except that poor families, and families in marginalized groups, and families whose children are severely handicapped, and families whose children need to learn English, and families who live in isolated rural areas and families who live in the poorest neighborhoods of big cities are going to struggle to find places where they can go to find the exact kind of education their children need.  They will struggle to discern the truth through the glitzy advertising, and there may not be good choices in every town and every neighborhood, without the government schools required to provide appropriate services for all kinds of children.  And many of these families may not be able to afford it, because they won’t have enough money to add to the voucher to pay for many of the privatized alternatives. And finally, some of the privatized schools (that are not required by government to serve all children) will turn away or push out their children, especially the children who require expensive special services and the children who are likely to post low test scores.

Betsy DeVos demonstrates an amazing cluelessness about what life is like for people who aren’t billionaires like herself. Although people like DeVos may be able to afford any of a wide range of choices, most parents in our country—about 90 percent of them—send their children to the schools the government has provided—schools required to provide appropriate services for all kinds of children.

The most serious problem, however, with Betsy DeVos’s libertarian, government-free fantasy is that she seems unaware that government is the institution that protects children’s rights by law and ensures, by law, that education is provided for all children in our country.  High school students in civics class and immigrants preparing for their citizenship exam learn about the three branches of our government—defined in each case in relation to the concept of a government by law. The legislative branch makes the laws; the executive branch administers the laws; and the judicial branch interprets the laws.

The law is what ensures that public schools serve all those groups of parents that we listed—poor families, families in marginalized groups, families of children with handicaps, families whose children need to learn English, families living in rural areas, and families in neighborhoods where services are missing or deficient. The law also protects the rights of individuals from injustice committed in or by any of these institutions.

When society is failing to fulfill its obligation according to the law, the law protects citizens’ right to demand what the law has guaranteed but is failing to provide.  The law provides the framework by which, in a democratic and transparent system, we can all demand better services for vulnerable families who have been left out.  Advocacy for enforcement by law is why California has once again begun providing bilingual education after extremists shut down those programs a quarter century ago and instituted English only. Advocacy for enforcement of the law is what forced states to stop de jure school segregation after 1954.  In the past decade, advocacy for enforcement of the law has brought protection for gay, lesbian, bisexual and transgender students in public schools.

Justice is never about isolated individuals; it is always about the rights of individuals as together they form a society. Justice also involves the balance of power among the institutions that societies create. In the tweet Betsy DeVos quoted in her speech, the American Federation of Teachers (AFT) described the need to protect our system of education. The AFT recognizes the need to protect institutional and structural justice, not merely the choices of individuals. Why?  History tells us that individuals who choose the best education they can get for their own children too frequently forget other people’s children.

Rev. J. Philip Wogaman, the ethicist, tells us that “justice is the community’s guarantee of the conditions necessary for everybody to be a participant in the common life of society… It is just to structure institutions and laws in such a way that communal life is enhanced and individuals are provided full opportunity for participation.”  (Christian Perspectives on Politics, pp. 216-217)

Last year, the political scientists Jacob Hacker and Paul Pierson published a book that covers the lesson too many Americans have forgotten from their civics classes about the role of government.  Here is how they begin: “This book is about an uncomfortable truth: It takes government—a lot of government—for advanced societies to flourish.  This truth is uncomfortable because Americans cherish freedom.  Government is effective in part because it limits freedom—because in the language of political philosophy, it exercises legitimate coercion.  Government can tell people they must send their children to school rather than the fields, that they can’t dump toxins into the water or air, and that they must contribute to meet expenses that benefit the entire community.  To be sure, government also secures our freedom. Without its ability to compel behavior, it would not just be powerless to protect our liberties; it would cease to be a vehicle for achieving many of our most important shared ends.” (American Amnesia, p. 1).

Hacker and Pierson continue, quoting James Madison: “There never was a Government without force. What is the meaning of government?  An institution to make people do their duty.  A Government leaving it to a man to do his duty, or not, as he pleases, would be a new species of Government, or rather no Government at all.”  (American Amnesia, pp. 1-2)

And these political scientists conclude: “We suffer, in short, from a kind of mass historical forgetting, a distinctively ‘American Amnesia.’  At a time when we face serious challenges that can be addressed only through a stronger, more effective government—a strained middle class, a weakened system for generating life-improving innovation, a dangerously warming planet—we ignore what both our history and basic economic theory suggest: We need a constructive and mutually beneficial tension between markets and government rather than the jealous rivalry that so many misperceive—and in that misperception, help foster.  Above all, we need a government strong and capable enough to rise above narrow private interests and carry out long-term courses of action on behalf of broader concerns.” American Amnesia, p. 2, emphasis in the original)

It may not be possible to silence Betsy DeVos and her long rant against the government system she is supposed to be administering.  At the very least, however, those of us who prize America’s institution of public education must just as insistently reject her foolishness.

Education Secretary Betsy DeVos Owes ALEC for Promoting Her Anti-Public Education Agenda

Today in Denver, Education Secretary Betsy DeVos will deliver the lunchtime keynote address at the annual meeting of the American Legislative Exchange Council (ALEC).  Last year, right after the Republican Convention in Cleveland, Mike Pence, then-Governor of Indiana and then-nominee for Vice President, went home to Indianapolis to deliver a keynote address at last year’s annual meeting of ALEC. What this means is that key people serving in the Trump administration are political extremists. We know that, of course, but it isn’t bad to stop and really take in the meaning of who’s in charge.

Esteemed education policy writers David Berliner and Gene Glass trace the history of ALEC: “In 1971 one Lewis F. Powell, Jr., a lawyer and member of 11 corporate boards, sent to the head of the U.S. Chamber of Commerce what has come to be known as the Powell Manifesto. (Powell was appointed to the U.S. Supreme Court within a year of his having transmitted his manifesto.) In brief, Powell urged conservatives to adopt an aggressive stance toward the federal government, to seek to influence legislation in the interest of corporations, and to enlist like-minded scholars in an attack on liberal social critics… (T)he Powell Manifesto influenced the creation of the Heritage Foundation, the Manhattan Institute, the Cato Institute… and other powerful organizations… The Powell Manifesto spawned the powerful American Legislative Exchange Council (ALEC). Formed in 1973, just 2 years after the Powell declaration, ALEC has been without question the most powerful influence on education policy in the United States during the past 3 decades.” (50 Myths and Lies that Threaten America’s Public Schools, pp. 7-8)

It is primarily state policy and funding under the fifty state constitutions, not federal policy, that shapes public schools. ALEC is the far-right’s tool for influencing state government.  For forty years, ALEC has been the operation turning the agenda of corporations and far-right think tanks into the bills that are introduced in state legislatures across the country. It is a membership organization for state legislators and for the corporate and ideological lobbyists who sit down together to craft model legislation—the very same bills, perhaps tweaked just a bit to localize them— that are then introduced in Wisconsin, Illinois, Ohio, Florida,  Kansas, and Arizona.

A lot of state legislatures have recently been discussing laws for Education Savings Accounts, for example, a new form of vouchers. Although you might have imagined that Betsy DeVos and her incessant rhetoric about tuition tax credits and education savings accounts is the reason for this wave of bills introduced seemingly everywhere, it is ALEC that should get the credit. Betsy DeVos owes ALEC big time. ALEC is the assembly line that turns her kind of ideas into prototype bills and then sends them along the conveyor belt of its state legislative members for consideration across the fifty state legislatures.

Here is economist Gordon Lafer describing ALEC’s power: “Above all, the corporate agenda is coordinated through the American Legislative Exchange Council… ALEC, the most important national organization advancing the corporate agenda at the state level, brings together two thousand member legislators (one-quarter of all state lawmakers, including many state senate presidents and House Speakers) and the country’s largest corporations to formulate and promote business-friendly legislation. According to the group’s promotional materials, it convenes bill-drafting committees—often at posh resorts—in which ‘both corporations and legislators have a voice and a vote in shaping policy.’ Thus, state legislators with little time, staff, or expertise are able to introduce fully formed and professionally supported bills. The organization claims to introduce eight hundred to one thousand bills each year in the fifty state legislatures, with 20 percent becoming law.” Lafer lists over a hundred corporations whose lobbyists also represent their interests on ALEC committees writing the bills. (The One Percent Solution, pp 12-14)

A huge irony is that the IRS persists in considering ALEC a tax-exempt nonprofit instead of classifying it as a lobbying organization, Common Cause has filed a formal complaint: “Common Cause filed an IRS whistleblower complaint against the American Legislative Exchange Council (ALEC) in April 2012, charging the organization with tax fraud as it operates as a corporate lobbying group while registered as a 501(c)(3) nonprofit charity.” Despite that Common Cause has updated its complaint to keep it active—in 2013, 2015, and 2016—the IRS has not reconsidered.

Not only corporations but also national organizations and think tanks promoting a corporate, anti-tax, and school privatization agenda are ALEC members and have served on its Education Task Force, including the Alliance for School Choice, the National Association of Charter School Authorizers, and the Walton Family Foundation. Others have been sponsors of programming or exhibitors at ALEC annual meetings, including the American Enterprise Institute, Grover Norquist’s Americans for Tax Reform, Betsy DeVos’s American Federation for Children, the Center for Education Reform, the Family Research Council, Jeb Bush’s Foundation for Excellence in Education, Ed Choice (formerly the Friedman Foundation for Educational Choice),  and the pro-voucher Lynde and Harry Bradley Foundation.

Member think tanks of the far right State Policy Network are also members of ALEC’s bill-writing task forces. Their staffs collaborate with ALEC’s corporate and legislative members to draft model bills. Examples of  State Policy Network member organizations are Ohio’s Buckeye Institute, the Illinois Policy Institute, Michigan’s Mackinac Center, North Carolina’s John Locke Institute, New York’s Manhattan Institute, and Arizona’s Goldwater Institute.

So what do we know about the agenda for education policy—endorsed by Education Secretary Betsy DeVos—that is being created and spread to the state legislatures along ALEC’s conveyor belt of prototype bills? Here is Gordon Lafer; “The campaign to transform public education brings together multiple strands of the (corporate) agenda… The teachers’ union is the single biggest labor organization in most states—thus for both anti-union ideologues and Republican strategists, undermining teachers’ unions is of central importance. Education is one of the largest components of public budgets, and in many communities the school system is the single largest employer—thus the goals of cutting budgets, enabling new tax cuts for the wealthy, shrinking the government, and lowering wage and benefit standards in the public sector all naturally coalesce around the school system. Furthermore, there is an enormous amount of money to be made from the privatization of education…. Finally the notion that one’s kids have a right to a decent education represents the most substantive right to which Americans believe we are entitled, simply by dint of residence…. (F)or those interested in lowering citizens’ expectations of what we have a right to demand from government, there is no more central fight than that around public education. In all these ways then, school reform presents something like the perfect crystallization of the corporate legislative agenda….” (The One Percent Solution, p. 129)

Lafer continues—identifying ALEC’s role in all this: “In states across the country, corporate lobbyists have supported a comprehensive package of reforms that includes weakening or abolishing teachers’ unions, cutting school budgets, and increasing class sizes, requiring high-stakes testing that determines teacher tenure and school closings, replacing public schools with privately run charter schools, diverting public funding into vouchers… lowering training and licensing requirements for new teachers, replacing in-person education with digital applications, and dismantling publicly elected school boards. Almost all of these initiatives reflect ALEC model legislation, and have been championed by the Chamber of Commerce, Americans for Prosperity, and a wide range of allied corporate lobbies.” (The One Percent Solution, p. 130)

I wish we had a U.S. Secretary of Education who would challenge ALEC’s agenda in the luncheon keynote today in Denver.

“Don’t It Always Seem to Go that You Don’t Know What You’ve Got Till It’s Gone?”

“You don’t know what you’ve got till its gone.”  Joni Mitchell was prophetic when she sang those words back in 1970.

Back then, for example, if you drove across the Indiana Turnpike, you’d stop at the James Whitcomb Riley, Booth Tarkington, or Ernie Pyle rest stop. Plain, basic concrete buildings, but also racks of maps, clean restrooms, something to eat and some sense of the heritage of Indiana. All gone today: Indiana’s turnpike—under Governors Mitch Daniels and Mike Pence—has been turned over to an Australian investment consortium that pledged improvements at low cost. Now you can stop at gas station-style convenience stores with 47 kinds of potato chips and some beef jerky. Someone flips hamburgers at a tiny grill and there are five or six tables crowded together where you can sit if there’s room. Dirty, minimal restrooms. Although the old places had fallen into disrepair, today’s version is a reduction, a diminishment.

The late political philosopher Benjamin Barber reflects on the implications for all of us of the reduction of government’s role and the kind of privatization of public services represented by the Indiana Turnpike: “There is today a disastrous confusion between the moderate and mostly well-founded claim that flexibly regulated markets remain the most efficient instruments of economic productivity and wealth accumulation, and the zany, overblown claim that naked, wholly unregulated markets are the sole means by which we can produce and fairly distribute everything human beings care about, from durable goods to spiritual values, from capital investment to social justice, from profitability to sustainable environments, from private wealth to the essential commonweal. This second claim has moved profit-mongering privateers to insist that goods as diverse and obviously public as education, culture, penology, full employment, social welfare, and ecological equilibrium be handed over to the profit sector for arbitration and disposal. It has also persuaded them to see in privatization not merely a paring knife to trim the fat from overindulgent state bureaucracies but a cleaver with which democracy can be chopped into pieces and then pulverized.” (Jihad vs. McWorld, p. 239)

What is the appropriate role of government—the role the libertarians seek to erase?  Here are political scientists Jacob Hacker and Paul Pierson: “Why does it take a lot of government to get and keep prosperity?… Effective government makes prosperity possible. It can do so because government has unique capacities—to enforce compliance, to constrain or encourage action, to protect citizens from private predation—that allow it to overcome problems that markets can’t solve on their own… Economists use the term ‘market failure’ to describe many of these problems….  Many important goods in a society are ‘public goods’: They must be provided to everyone or no one… The second big case of failure—and it is really big—involves markets that produce large effects on people who are neither buyers nor sellers. Economists call these external effects, well, ‘externalities.’… When externalities are present, market prices will not reflect the true social costs (or benefits) associated with private transactions.” (American Amnesia, pp.73)

Today with 25 all-conservative, all-Republican statehouses—House, Senate and Governor, all-Republican—along with a Congress seriously considering the budgetary and health care proposals of the libertarian, Tea-Party, House Freedom Caucus—it is becoming clear what reducing government will mean and evident that the consequences will be far more serious than the lack of aesthetics, literary history, and comfort at the new convenience store, rest-stops on the Indiana Turnpike.

The Flint water crisis, which began in 2014—and nobody told Flint’s residents about until 2016—was America’s wake-up alarm. For a long time Michigan has been governing its poorest municipalities and school districts with austerity budget management instead of addressing the needs of the citizens. Michigan’s governor has the right to appoint a fiscal manager who can override elected officials and even abrogate union contracts; there are no checks and balances.  In Flint, Michigan’s appointed emergency fiscal manager, Darnell Earley, approved a plan to save money by taking water out of the Flint River instead of buying already treated water from Detroit. Chemicals to prevent release of lead from old, corroded pipes were not added to the water when Flint began taking water from the river; the pipes corroded all over town; and the children in Flint tested positive for lead poisoning on an epidemic scale. Emergency fiscal managers were first authorized by state law in Michigan in 1988. After voters overturned the emergency manager law by referendum in the November 2012 election, the lame-duck, all-Republican legislature came back in the middle of the night with a tougher law that was referendum-proof. The 2012 law supposedly limits the tenure of austerity-budget emergency managers, but Governor Rick Snyder has found a way to extend austerity management long-term. Curt Guyette, an investigative reporter for the ACLU of Michigan explains: “(T)he managers were given extreme unchecked authority… (T)hey were given the ability to come in, clean up the problems and get out. And so there was an 18-month time limit put on their terms. Except that this governor is exploiting what amounts to a loophole in that law… (T)hese emergency managers serve for 17 months and 29 days, and the day before their term expires, they resign. A new emergency manager is put in place, and the clock starts ticking all over again. And they just shuffle them from one place to another.”  Hands-off, no-regulation-government let down the children of Flint.

Then just a month ago, on June 14, another alarm went off in Britain, which has also been experimenting since the Thatcher era with austerity along with libertarian thinking.  NY Times reporters explain: “Residents of Grenfell Tower had complained for years that the 24-story public housing block invited catastrophe. It lacked fire alarms, sprinklers and a fire escape. It had only a single staircase. And there were concerns about a new aluminum facade that was supposed to improve the building—but was now whisking the flames skyward… The facade, installed last year at Grenfell Tower, in panels known as cladding and sold as Reynobond PE, consisted of two sheets of aluminum that sandwich a combustible core of polyethylene… (B)y 1998, regulators in the United States… began requiring real-world simulations to test any materials to be used in buildings taller than a firefighter’s two-story ladder… Business-friendly governments in Britain—first under Labor and then under the Conservatives—campaigned to pare back regulations. A 2005 law known as the Regulatory Reform (Fire Safety) Order ended a requirement for government inspectors to certify that buildings had met fire codes, and shifted instead to a system of self-policing. Governments adopted slogans calling for the elimination of at least one regulation for each new one that was imposed, and the authorities in charge of fire safety took this to heart.”

The third example, of course, is Kansas Governor Sam Brownback’s experiment to prove that tax slashing will grow the state economy. It didn’t, and last month outraged constituents finally forced their elected representatives to raise taxes.  But the damage can’t be overcome so easily.  Here is Justin Miller in a fine analysis for The American Prospect: “What Brownback’s tax cuts have accomplished is to have created a crisis of catastrophic proportions for state residents. The tax cuts blew an immediate hole in the $6 billion state budget, as revenue levels fell an astounding $713 million from fiscal year 2013 to 2014…. Brownback has also allowed a long-standing public school shortage to metastasize into a full-blown constitutional crisis… More than half the state’s general fund is dedicated to funding K-12 public education… In 2006, Kansas settled a lawsuit with school districts and committed to significant increases in funding over a three-year period. The state did increase funding, but when the Great Recession hit, then-Governor Mark Parkinson, a Democrat, made deep cuts to the education budget.  The cuts were supposed to be temporary, but upon taking office in 2011, Brownback opted for his tax cuts rather than restoring the schools’ funding.  Between 2008 and 2013, state school funding fell by 16.5 percent when adjusted for inflation. In 2015, Brownback cut $28 million more from the state K-12 education budget. A month later, he signed legislation that scrapped the state’s long-held school financing formula, substituting a block-grant system that essentially locked in those cuts for the following two years… The failure to restore pre-recession funding has disproportionately impacted urban school districts like Kansas City’s and Wichita’s.”

In a recent short analysis for the Economic Policy Institute, Does Corporate America See a Future in the United States?, economist Gordon Lafer explains that the new fiscal austerity and removal of government regulation in the U.S. is the result of a lobbying assault that promotes intentional reduction of government as a check and balance on business: “President Trump’s budget proposal follows the playbook that corporate lobbyists have long pushed in state legislatures: tax cuts for companies and the rich, coupled with dramatic cuts to services that benefit everyone… In recent years, states and localities across the country have made drastic cuts to essential public services…  Budget cuts were particularly devastating in the country’s school systems. In 2010, the national student-teacher ratio increased for the first time since the Great Depression; and seven years after the onset of the Great Recession, most states had still not restored per-pupil spending to pre-recession levels. Most striking about these cuts: the legislators who enacted them and the business lobbies that championed them treated them not as temporary tragedies to be repaired when revenues bounced back, but as long-desired permanent cuts to public services. Indeed, many legislatures locked in poorer tax bases by enacting new tax giveaways to corporations and the rich while slashing funding for schools, libraries, and health care. In the same year that Ohio ended full-day kindergarten, legislators phased out the state’s inheritance tax—which had only ever affected the wealthiest seven percent of families.”

Lafer continues: “This agenda was driven by the country’s premier corporate lobbies: chambers of commerce, manufacturers associations, the Koch brothers’ Americans for Prosperity, and the Fortune 500 companies that have participated in the American Legislative Exchange Council (ALEC)… Given this reality, we take this corporate-backed push for disinvestment of America’s public sector as a big, loud early warning signal. ALEC’s agenda is not that of employers committed to their surrounding communities. It more resembles that of a company planning to cut and run. For the rest of us who seek good jobs and future opportunity for ourselves and our children, what’s good for GM is good for GM, period.”

For years and years, Betsy DeVos, the new Secretary of Education, has been directly implicated in this agenda in her home state of Michigan. She and her family founded, funded, and have worked actively with the Great Lakes Education Project, a libertarian lobbying outfit that has led the effort to block increased oversight of the out of control, for-profit charter school sector that has threatened the Detroit Public Schools. When, now that she is the U.S. Secretary of Education, Betsy DeVos demands that school accountability be defined as a parent’s right to choose a different school if things are not going well, she is promoting her libertarian bias for lack of government regulation, lack of democratic oversight, and lack of public transparency.  Her mantra is the expansion of vouchers to drive public tax dollars away from the public system that is required to serve all children and protect their rights.

Most of us take our local public schools—overseen and carefully regulated by government to protect the investment of tax dollars and the rights of our children—so much for granted that it is difficult for us to imagine that Betsy DeVos and her libertarian friends at ALEC, the Great Lakes Education Project and Americans for Prosperity can invest enough billions of lobbying dollars to destroy public education. But we ought to pay attention. “You don’t know what you’ve got till it’s gone!”

We Can Only Wish that Politicians Would Learn a Lesson from Sam Brownback’s Failed Tax Cutting

It’s budget season. At the federal level, Congress will soon consider the President’s proposed 2018 budget. And many states are up against a June 30th deadline: the end of Fiscal Year 2017 and the deadline for approving a new budget. Yesterday’s post examined the catastrophic programmatic implications of President Trump’s federal budget proposal. Today the focus will be a little different— taxing policy at the state, not the federal level, and the tax slashing that continues to underpin much budgeting in 2017. Please continue reading; I promise this post will not be overly technical.

Much of the talk about state taxing policy these days relates to what just happened in Kansas. Both houses of the Kansas Legislature had voted to overturn several years of Governor Sam Brownback’s tax cutting and at the same time to eliminate a special taxing innovation that reduced business taxes on pass-through income. Governor Brownback, whose dedication to tax cutting is undeterred, vetoed the Legislature’s big tax increase. But two weeks ago, the Legislature—both houses dominated by Republicans—overrode Governor Brownback’s veto. Since Gov. Brownback initiated his experiment with tax cutting, Kansas has fallen into a fiscal crisis, and its public schools had suffered from lack of funding. Earlier this spring, the state’s supreme court had presented an ultimatum to the Legislature: improve school funding by June 30, or school will not open in September.

Brownback has called his tax cuts a real life experiment in supply-side economics. His hypothesis? That the state’s economy would thrive because everybody would be drawn to low-tax-Kansas to open businesses. Explosive economic growth, he predicted, would follow the tax cuts.  Here is Michael Tomasky, writing for the NY Times about how the experiment turned out: “Kansas, under Gov. Sam Brownback, has come as close as we’ve ever gotten in the United States to conducting a perfect experiment in supply-side economics. The conservative governor, working with a conservative State Legislature, in the home state of the conservative Koch brothers, took office in 2011 vowing sharp cuts in taxes and state spending…. The taxes were cut, and by a lot. The cumulative cut was forecast to be $3.9 billion by 2019… The cuts came. But the growth never did… The experiment has been a disaster… Finally, even the Republican Kansas Legislature faced reality.”

Tomasky traces some of this back to Grover Norquist: “Republicans are not supposed to raise taxes, ever. In Washington or in the states. This goes back to President George H.W. Bush’s agreeing to a bipartisan tax increase in 1990 after famously saying in his 1988 campaign, ‘Read my lips: no new taxes.’  Afterward, the conservative group Americans for Tax Reform, led by Grover Norquist, started making Republican candidates for Congress and state houses sign a no-tax pledge. Ever since, with scattered exceptions, no Republican member of the House or Senate has voted for a tax increase. For 27 years. If you wonder why problems arise and Congress never does anything about them, the tax pledge is usually the answer, or at least an answer.”

Paul Krugman, the economist and NY Times columnist, calls supply-side tax slashing a “zombie” policy idea: “(T)he term refers to policy ideas that should have been abandoned long ago in the face of evidence and experience, but just keep shambling along. The right’s zombie-in-chief is the insistence that low taxes on the rich are the key to prosperity. This doctrine should have died when Bill Clinton’s tax hike failed to cause the predicted recession and was followed instead by an economic boom. It should have died again when George W. Bush’s tax cuts were followed by lackluster growth, then a crash. And it should have died yet again in the aftermath of the 2013 Obama tax hike—partly expiration of some Bush tax cuts, partly new taxes to pay for Obamacare—when the economy continued jogging along, adding 200,000 jobs a month. Despite the consistent wrongness of their predictions, however, tax-cut fanatics just kept gaining influence in the G.O.P.—until the disaster in Kansas, where Gov. Sam Brownback promised that deep tax cuts would yield an economic miracle. What the state got instead was weak growth and a fiscal crisis, finally pushing even Republicans to vote for tax hikes, overruling Brownback’s veto.”

Robert Greenstein, president of the Center on Budget and Policy Priorities, looks at the Kansas story as an important cautionary tale; he remains hopeful but skeptical that legislators in other states and Republicans in Congress will learn the story’s lesson. He spoke about what just happened in Kansas in his speech last week to the Cleveland City Club, where he pointed out that the Kansas lesson should be taken to heart in Ohio, where Governor John Kasich and Ohio’s all-Republican legislature have been running exactly the same experiment as Brownback’s in Kansas, and with similar results: “The Kansas tax cuts represent an important cautionary tale from which both state and federal policymakers should learn. And there are few states where these lessons are more applicable and important than Ohio. Your state has actually cut its top income tax rate even more deeply than Kansas did. Kansas cut its rate 29% since 2012. Ohio has cut its top rate one-third since 2005, from a top rate of 7.5% to just under 5%.  Moreover, one of Kansas’ most damaging tax cuts was eliminating state income tax on what is known as ‘pass-through income’…. Ohio enacted a similar provision—eliminating state income tax on the first $250,000 a year of pass-through income and taxing the rest at just 3%. As in Kansas, the Ohio tax cuts have not delivered the promised results…”

Zach Schiller of Policy Matters Ohio just reported on the fiscal impact of Ohio’s tax cut on pass-through income, “A tax break on business income first enacted in 2013 is now costing Ohio about $1 billion a year. That’s far more than previous public estimates, which didn’t attempt to account for the full value of the break.”

How is all this cautionary history directly relevant in a blog whose primary subject is public education?  Brent Larkin, the retired editorial page director of the Cleveland Plain Dealer, makes the connection perfectly clear in his column in last Sunday’s paper: “Hide the children. Ohio’s legislators need a scapegoat.  And in this state, when the going gets tough, the kids get punished. Sometime between now and June 30, it’ll happen again… With tax revenues in a free fall, the Ohio General Assembly and Gov. John Kasich need to compensate for a multibillion-dollar mistake largely of their own making by inflicting pain on the people they’re supposed to serve, not betray. Like cornered rats, their way out will be to shortchange kids. So they’ll essentially flat-fund most school districts, while slashing support for others, ignoring yet again that ‘thorough and efficient’ system of schools requirement in Article VI of the Ohio Constitution.” And, “they will perpetuate Ohio’s ongoing pattern of shamefully underinvesting in preschool programs.” Larkin continues: “How is it a state that spent the past six years awash in tax revenue now lacks the money to make life-changing investments in a child’s future?  The answer involves a misjudgment so egregious that if it happened in the private sector everyone involved would pay with their jobs. Six years ago, instead of balancing tax cuts with massive investments in the future, Kasich and his legislative conspirators began engineering what now total $5 billion in tax cuts.”

Here is Gordon Lafer—the labor, economics and state policy expert—explaining, in his new book, what he believes to be an even deeper motive of ALEC, Grover Norquist and the huge corporate lobbies who are driving Congress and the state legislatures to adhere zealously to tax-slashing: “The corporate lobbies have pursued an agenda that steadily shrinks public services, including education, health care, libraries, recreation, parks, and transportation. The agenda serves to lower corporate tax bills and creates new markets for those hoping to profit from the privatization of public services. But there are deeper rationales underlying the erosion of public services… At a deeper level, the elimination of basic services serves, over time, to lower popular expectations regarding the standard of living to which one is entitled. For the economic elite—the few seeking to extend their rule over the many—the central political question of this time is how to accelerate economic inequality without provoking a political backlash.  A key component of the answer to this question appears to be an attempt to engineer what might be termed a revolution of falling expectations among the public.” (The One Percent Solution, pp. 75-76)

How ALEC and Promoters of Privatization Are Helping Legislators Rip Off State Governments

In her story on Iowa’s tuition tax credit program in yesterday’s NY Times, Dana Goldstein explains: “Iowa is one of 31 states where legislators have proposed creating or expanding school choice programs this year, without Washington even lifting a finger.”

Knowing that the U.S. Secretary of Education, Betsy DeVos, is a great fan of school privatization through vouchers, tax credits, education savings accounts and the expansion of unregulated charter schools, we might wonder how and why all this school choice expansion Goldstein describes is happening without any assistance at all from DeVos and Congress.

Goldstein mentions one of the primary factors, the American Legislative Exchange Council: “In 2013 and 2014, the most recent years for which financial disclosures are available, several organizations associated with Ms. DeVos invested over $7 million in school choice lobbying efforts in states now considering new bills.  Americans for Prosperity, the activist group founded by the Koch brothers, and the conservative American Legislative Exchange Council are also pushing private school choice in statehouses across the country.”

One cannot possibly review too often the role of the American Legislative Exchange Council (ALEC) in state politics. If your state legislature is one of the 31 states now considering some form of school vouchers, your representatives are probably considering one of ALEC’s model laws.  ALEC is what is known as a bill mill, a membership organization that pairs member state legislators with corporate member lobbyists and representatives of far-right advocacy organizations promoting school privatization; these people collaborate in writing model bills that can then be introduced by ALEC-members in the legislative chambers of the 50 states. Members of ALEC’s Education Committee have cooked up a number of model bills to choose from: the Special Needs Scholarship Act, the Foster Child Scholarship Program Act, Opportunity Scholarships, the Smart Start Scholarship Program, the Education Savings Account Act, and the Great Schools Tax Credit.  The outrageous irony about ALEC is that, despite a long-running legal challenge from Common Cause, it is still considered by the IRS to be an educational, not a lobbying, organization.

Goldstein reminds us that vouchers don’t really serve very many students across the United States, despite that they drain a lot of money from states’ public education budgets: “The number of American students benefiting from private school programs now is relatively small. Estimates by EdChoice, the organization founded by Milton Friedman, the University of Chicago economist who first introduced the idea of vouchers, put the number at 446,000 this year, out of a total school-age population of 56 million. Three million attend public charter schools, which Ms DeVos also has championed and which generally do not accept vouchers.” (This blog has disputed proponents of charters who dub the schools, “public.” Although charter schools are publicly funded, they are always privately operated and have been considered in several court challenges as private contractors.  Because charter schools are publicly funded and tuition-free, students at charter schools have no need to carry a tuition voucher of any kind.)

Goldstein profiles a parent, Mary Kakayo in Des Moines and her participation in Iowa’s already-operating, tuition tax credit program.  Ms. Kakayo would also like to benefit from the newer education savings account program now being considered by Iowa’s legislature: “Tuition credit scholarships like the one that helps pay tuition for Ms. Kakayo’s daughter…. allow individuals and corporations to receive credit on their state income taxes for donations to nonprofits that provide tuition aid to students. Iowa’s program, currently used by 11,000 students, has income limits—$73,000 for a family of four—and the average scholarship award is only $1,583.” We learn that the Kakayos personally pay tuition of $85 per month on top of their tuition tax credit.

Goldstein continues: “Iowa is one of the states where legislators this year proposed education savings accounts, an even more expansive benefit. The accounts (would) give parents state money each year—under one proposal, in the form of a $5,000 debit card—that they can use on private school tuition, home schooling costs, online education or tutoring.  Ms. Kakayo said she would welcome further tuition support from the state, which would allow her to save money for college for Alma and her younger sister….  Under one proposal, after a student graduates from high school, any money left in the account could be used for tuition at in-state colleges.”

Goldstein describes the concerns of opponents of the tuition tax credit program and the proposal being considered for education savings accounts: “Opponents have called the programs a giveaway to religious institutions. All but five of the 140 schools currently participating in the (Iowa) program are Catholic or Protestant, and the Diocese of Des Moines is among those lobbying for the expansion… Opponents also point out that private schools are allowed to reject some of the neediest students, like those who have severe disabilities or are lagging behind their grade level.”

Goldstein examines the financial implications for Iowa’s public schools: “Under the most far-reaching proposal, the new education savings accounts would be available to every child in Iowa without income caps, and include the over 40,000 who are already enrolled in private schools or home schooling.”  She adds: “School districts and some legislators also were concerned that if parents of privately educated students suddenly had access to thousands of dollars in state education money, public schools could be significantly affected financially.”  So far no bill being considered in Iowa has moved far enough for a vote in either of Iowa’s legislative chambers.

To see what might happen if Iowa were to expand these programs, one need only look to Indiana. In late December Emma Brown of the Washington Post reported:  “Indiana’s legislature and then-governor Mitch Daniels first approved a limited voucher program in 2011, capping it at 7,500 students in the first year and restricting it to children who had attended public schools for at least a year.” After Mike  Pence was elected governor in 2012, “Indiana lawmakers eliminated the requirement that children attend public school before receiving vouchers and lifted the cap on the number of recipients. The income cutoff was raised, and more middle-class families became eligible. When those changes took effect, an estimated 60 percent of all Indiana children were eligible for vouchers and the number of recipients jumped from 9,000 to more than 19,000 in one year.  The proportion of children who had never previously attended Indiana public schools also rose quickly.” Chalkbeat Indiana reported two weeks ago that the number of students who have never attended public school, that is children who are already enrolled in religious or private schools, who are now using vouchers has risen to 54.6 percent. “The state’s voucher program is one of the largest in the nation, and more than 34,000 students received vouchers in 2016-2017…  To qualify for a voucher that is 90 percent of state tuition dollars, a family of four can’t earn more than $44,955 per year.  For a 50 percent voucher, a family of four can earn up to $89,910 per year. Under the most recent draft of the state’s next two-year budget, Indiana is expected to spend $146 million in 2017 and potentially $163 million in 2019….”

Launching vouchers or tax credits or education savings accounts as part of a state’s education plan is a zero-sum game. Vouchers and tax credits are always a way to redirect some of a state’s public school budget to a privatized alternative. It has never happened that legislators have increased taxes significantly to cover a new voucher program and at the same time protect a state’s investment in the public schools. School privatization undermines the public system even as a parallel system of schools is created. Indiana demonstrates clearly just how vouchers and tax credits are likely to swallow a state public school budget to pay private school tuition for families who have never even considered enrolling their children in public schools.

Fraud and corruption have not been the major problem with vouchers and tuition tax credit programs. The financial scandals have been more prevalent in the charter school sector where money is to be made by the for-profit management companies—profits that can be invested through political contributions that block sufficient oversight by state government to prevent self-dealing that violates the public interest.  Vouchers have primarily provided tuition  to religious schools, which have been less involved in overt ripoffs of tax dollars. However, in the NY Times earlier this month, Kevin Carey profiled a problem in one state where vouchers have involved self dealing and enormous profits:

“Steve Yarbrough is one of the most powerful men in Arizona. As president of the State Senate, he has promoted a range of conservative policies, including a tuition tax credit system that provides over $100 million per year to finance vouchers for private schools.. But Mr. Yarbrough is not just a champion of tax credit vouchers. He also profits from them personally… State tax credit voucher programs have grown rapidly in recent years. The number of students receiving them increased to 256,000 this year from about 50,000 in 2005. Arizona has one of the oldest and largest programs… The Arizona Christian School Tuition Organization (ACSTO) is one of the state’s largest voucher-granting groups. From 2010 to 2014… the group received $72.9 million in donations, all of which were ultimately financed by the state. Arizona law allows the group to keep 10 percent of those donations to pay for overhead. In 2014, the group used that money to pay its executive director $125,000. His name?  Steve Yarbrough… Yet the group doesn’t do all the work involved with accepting donations and handing out vouchers. It outsources data entry, computer hardware, customer service, information processing, award notifications and related personnel expenses to a private for-profit company called HY Processing.  The group paid HY Processing $636,000 in 2014, and millions of dollars in total over the last decade. The owner of HY Processing? Steve Yarbrough, along with his wife, Linda, and another couple.  (The “Y” in “HY Processing stands for ‘Yarbrough.’)”

Carey explains: “(I)t’s not clear that states can be relied upon to prevent self-dealing. Mr. Yarbrough’s personal financial interest in tax credit vouchers first received wide attention in 2009…. Yet in the years since, Mr. Yarbrough has continued to be paid hundreds of thousands of dollars from overhead funds.”  And as president of the Arizona senate, “He also supported the expansion of the tax-credit system.”

Last week when the PBS NewsHour profiled Indiana’s school voucher program, Dr. Wendy Robinson, Fort Wayne’s public school superintendent warned: “You have established a totally separate school system on the back of a structure that was intended for public schools.” “I’m worried that people aren’t alarmed. Public education is the backbone of this country.”

How Can Schools Be Voucherized? Let Us Count the Ways… and the Consequences

School privatization via vouchers has been endorsed by President Donald Trump. Private school vouchers are also a favorite cause of Vice President Mike Pence and the new Secretary of Education, Betsy DeVos.  Most of us are not particularly familiar with vouchers in general because they have until now been a project of state governments. We are likely to know about what’s happening in our own state, but perhaps be unaware about trends across the states. Did you know, for example, that school vouchers are called by a number of names?

5 Names Politicians Use to Sell Private-School Voucher Schemes to Parents is a short resource that clarifies how all these programs work: “(V)ouchers divert taxpayer dollars away from public schools—starving them of the critical funding needed for students to thrive—only to use these funds to subsidize private and/or religious schools.  However, voucher proponents, like (Betsy) DeVos and politicians found in your state almost never call them vouchers. Instead, they attempt to mislead parents, taxpayers, and voters by re-branding these plots to drain and defund public education with some pleasant-sounding, flowery name plucked from the school-choice lexicon—Opportunity Scholarships—Parental Choice Scholarships—Tuition Tax Credits—Charitable Tax Credits—Education Savings Accounts.”

NEA explains that Opportunity and Parental Choice Scholarships give parents public money to use for tuition (and sometimes transportation, fees, and equipment) at private and parochial schools.  Because these vouchers are insufficient to pay for tuition at a great many traditional private schools which charge as much as private colleges, vouchers are frequently used by parents of students at religious schools.

According to the National Conference of State Legislatures, the only federally funded voucher scholarship program is the one in the District of Columbia. Congress has never been able to muster the support to enact vouchers federally—only in Washington, D.C. where, perhaps not coincidentally, the residents lack a voting Congressional representative. Vouchers, which began in Milwaukee back in 1989, have grown steadily as statehouses have tipped toward domination by the far right. Today, according to the National Conference of State Legislatures, 14 states plus the District of Columbia have plain old voucher (scholarship) programs in which students are given a publicly funded coupon to cover tuition at a private or parochial school: Arkansas, Florida, Georgia, Indiana, Louisiana, Maryland, Mississippi, North Carolina, Ohio, Oklahoma, Utah, and Wisconsin, along with Maine and Vermont which have both had longstanding tax scholarship programs for children in isolated rural areas lacking public school districts.

Tuition Tax Credits are also a kind of vouchers. Here is how David Berliner and Gene Glass define tuition tax credits in their book, 50 Myths and Lies That Threaten America’s Public Schools: “There are tax credits and then there are tax deductions. They are very different things. Suppose you and your spouse have an income of $100,000…. And suppose that the federal income taxes you owe… amount to about $25,000 a year. If you take a tax deduction for your contribution of $1,000 to the Red Cross, that will reduce your tax indebtedness by about $250. Not so with tax credits… If you and your spouse live in a state with a state income tax (and a tuition tax credit program)… then you can direct $1,000, say, of your state income tax to the My-Pet-Project fund, and your state income tax indebtedness will be reduced by the full $1,000.” (p. 188) For parents in states with tuition tax credits, the pet project is the education of their own children, but some states also have broader Charitable Tax Credits for education—tuition tax credit programs that allow individuals and corporations to contribute to state school tuition organizations that then make scholarship grants to students to pay for their tuition at private schools.

The National Conference of State Legislatures reports that as of December 2016, 17 states offered different types of tuition tax credits: Alabama, Arizona, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Montana, Nevada, New Hampshire, Pennsylvania, Oklahoma, Rhode Island, South Carolina, South Dakota and Virginia.

The National Education Association defines another—the newest—kind of vouchers: Education Savings Accounts: “Education Savings Accounts (ESA) are the latest trend in publicly subsidized private school education… (T)he common factor is that these programs pay parents all or a large portion of the money the state would otherwise have spent to educate their children in exchange for an agreement to forego their right to a public education. Funds deposited into such accounts may be used for any number of expenses, including private school tuition, fees, textbooks; tutoring and test prep; homeschooling curriculum and supplemental materials; special instruction and therapeutic services; transportation; and management fees. These programs also permit parents to roll over unused funds for use in subsequent years and to invest a portion of the funds into college savings plans.” In Education Savings Account voucher plans, the state itself deposits funds in parents’ accounts, and the parents can shop around for particular services, perhaps split among a number of vendors.

According to the National Conference of State Legislatures, as December 2016, only 5 states had such programs—Arizona, Florida, Mississippi, Nevada, and Tennessee, though Nevada’s program is on hold because the state supreme court found its funding system unconstitutional.

Vouchers of all forms have arrived in the 50 state capitols in the form of bills cooked up elsewhere and then introduced by sympathetic legislators who are members of the American Legislative Exchange Council (ALEC). ALEC, a membership organization, pairs member state legislators with corporate lobbyist members and with members who represent special interests—in the case of vouchers, the ideologues from the American Federation for Children (Betsy DeVos’s organization), and the Friedman Foundation, now called EdChoice—to create model laws that can then be handed to member state legislators to be introduced in any state. ALEC is often dubbed a bill mill.  ALEC’s model bills for various kinds of vouchers include a Special Needs Scholarship Program Act, The Foster Child Scholarship Program Act, Opportunity Scholarships, the Smart Start Scholarship Program, the Education Savings Account Act, and the Great Schools Tax Credit Act.

Here is Carol Burris, executive director of the Network for Public Education, in a recent column commenting on what vouchers do to public school funding. This time the example is Mike Pence’s home state, Indiana: “Vouchers drain state tax dollars, creating deficits, or the need for tax increases. When Indiana started its voucher program, it claimed it would save taxpayers money. Not only did that not happen, the state’s education budget is now in deficit, and the millions shelled out for vouchers grows each year. Last year, vouchers cost the taxpayers of Indiana $131.5 million as caps and income levels were raised. Indiana now gives vouchers to families with incomes as high as $90,000 and to students who never attended a public school.” Burris adds that while the program was passed, “promising that it would help poor and lower-middle class families find schools they like for their children… as it turned out, five years after it began, more than half of the state’s voucher recipients have never attended Indiana public schools and many vouchers are going to wealthier families, those earning up to $90,000 for a household of four.”

Last week, writing for the Los Angeles Times, Milwaukee journalist, Barbara Miner shared her insights after observing the Milwaukee voucher program since its beginning: “For more than a quarter-century, I have reported on the voucher program in Milwaukee: the country’s first contemporary voucher initiative and a model for other cities and state programs, from Cleveland to New Orleans, Florida to Indiana.  Milwaukee’s program began in 1990, when the state Legislature passed a bill allowing 300 students in seven nonsectarian private schools to receive taxpayer-funded tuition vouchers. It was billed as a small, low-cost experiment to help poor black children, and had a five-year sunset clause. That was the bait. The first ‘switch’ came a few weeks later, when the Republican governor eliminated the sunset clause. Ever since, vouchers have been a divisive yet permanent fixture in Wisconsin.” “Since 1990, roughly $2 billion in public money has been funneled into private and religious schools in Wisconsin, and the payments keep escalating.” “Today, some 33,000 students in 212 schools receive publicly funded vouchers, not just in Milwaukee but throughout Wisconsin. If it were its own school district, the voucher program would be the state’s second largest. The overwhelming majority of the schools are religious.”

A serious problem, reports Miner, is that voucher schools are not required to protect the civil rights of their students, including the rights guaranteed by federal law in all public schools: “Because they are defined as ‘private,’ voucher schools operate by separate rules, with minimal public oversight or transparency. They can sidestep basic constitutional protections such as freedom of speech. They do not have to provide the same level of second-language or special-education services. They can suspend or expel students without legal due process. They can ignore the state’s requirements for open meetings and records. They can disregard state law prohibiting discrimination against students on grounds of sex, pregnancy, sexual orientation, or marital or parental status.”

Miner warns, “Wisconsin has sunk so deep into this unaccountable world that our voucher program not only turns a blind eye toward discrimination in voucher schools, it forces the public to pay for such discrimination… Privatizing an essential public function and forcing the public to pay for it, even while removing it from meaningful public oversight, weakens our democracy.”