Betsy DeVos: The First of Her Two Top Accomplishments This Year

Bill Phillis, executive director of the Ohio Coalition for Equity and Adequacy of School Funding, has been circulating a New Year’s resolution and asking people endorse it and send it on to their legislators and anyone who has a role in making education policy. The resolution was written by Wayne Wlodarski at the Ohio Education Association, who adapted it from a statement of the Network for Public Education  (See pp. 47-48 of the NPE Report)

I BELIEVE that public education is the pillar of our democracy. I believe in the common school envisioned by Horace Mann. A common school is a public institution, which nurtures and teaches all who live within its boundaries, regardless of race, ethnicity, creed, sexual orientation or learning ability. All may enroll – regardless of when they seek to enter the school or where they were educated before.

I BELIEVE that taxpayers bear the responsibility for funding those schools and that funding should be ample and equitable to address the needs of the served community. I also believe that taxpayers have the right to examine how schools use tax dollars to educate children.

I BELIEVE that such schools should be accountable to the community they serve, and that community residents have the right and responsibility to elect those who govern the school. Citizens also have the right to insist that schooling be done in a manner that best serves the needs of all children.

In so stating these beliefs, I will do whatever I can to support and promote public education in Ohio.

What seems amazing to me about the project of asking people to endorse and send this resolution to policy makers is that, as we begin 2018, it seems so urgently necessary. When my own children were in elementary school in the late 1980s—a time when I was working hard to help pass school levies in my community and when I first met Bill Phillis, who was then assistant superintendent of public instruction here in Ohio—such a resolution would have seemed more than a little strange. At that time most people merely assumed that one sent one’s children to the public elementary to which they were assigned and the designated middle school and high school.  As a parent in the 1980s and early 1990s, I did not fully appreciate the right to public education; I merely took it for granted.

Betsy DeVos, who has been the U.S. Secretary of Education for a year, did not invent school choice, and certainly school privatization had been underway through vouchers and the proliferation of charter schools before she was appointed.  But her biggest accomplishment during this year has been to use her position to undermine confidence in and support for the public schools her federal department is supposed to oversee.

Betsy DeVos is perhaps our society’s longest and most experienced lobbyist for school choice—her life’s cause and the object of her lavish philanthropy that has supported organizations including the American Federation for Children, EdChoice, the Alliance for School Choice, the Foundation for Excellence in Education, National School Choice Week, the Mackinac Center for Public Policy, and the Great Lakes Education Project.

While Betsy DeVos has long supported the work of the American Legislative Exchange Council (ALEC), which churns out model bills for school privatization, this year DeVos has not succeeded in delivering a federal school voucher program. Neither did she succeed in getting a large tuition tax credit program or education savings account program inserted, as many had feared she would, into the tax overhaul Congress passed in December. There is an expansion of what are called 529 college savings accounts on which the interest is tax-free, enabling people with such accounts to use them to pay not only for college but also for private school tuition, but this will affect only the very wealthy who can afford such accounts.

The deepest damage is what DeVos has inflicted through her relentless story about parental choice. DeVos has doggedly disparaged public schools. Ignoring that, by definition, justice must be systemic, she has attacked our education system as a bureaucracy unresponsive to parents and the needs of  “individual” (her favorite word) children.  That government’s primary role is protecting the rights of vulnerable children through laws and the enforcement of the laws through democratic governance is meaningless to DeVos.  She assumes parents will shop around until they find ideal services for each of their children; if one school doesn’t work, parents ought to merely try another one. DeVos carefully avoids acknowledging that privatized schools can find ways to select the most appealing children and push out the students they don’t want to serve. She obliviously ignores the arithmetic problems when taxes are cut and at the same time the public would find itself paying for charter schools, vouchers, tuition tax credits, and education savings accounts—all out of the old but diminished public school budget.

You may not accept Betsy DeVos’s argument for the glories of school choice. But I suspect that more than last January, you just sigh. On some level haven’t we all just begun to accept that more privatization—along with the lack of protection for vulnerable students and the expense of funding several kinds of education—is just the way things are these days.

Please don’t give up. Read the principles in the resolution from the Network for Public Education via Wayne Wlodarski at the Ohio Education Association. I suspect that although your fatalism makes you fear that Betsy DeVos’s view is winning the day, you really still agree with the resolution.  Your first and most important action is to consider it and decide whether the principles remain important.  After that, send it to at least one policy maker. Take out the word ” in Ohio” at the end, and send it to Senator Patty Murray, for example, the ranking minority member of the U.S. Senate Health, Education, Labor and Pensions Committee.  She and her staff would be delighted to know that she has your support as she continues to push back against DeVos and other Republicans who relentlessly promote the nonsense of privatization.

Check Out PBS NewsHour’s Fine Report on School Vouchers

On Tuesday night, the PBS NewsHour in collaboration with Education Week reporter Lisa Stark aired a short and almost perfectly framed piece on Indiana’s school voucher program. Vice President Mike Pence, who is responsible for the rapid growth of Indiana school vouchers, is, like the new education secretary Betsy DeVos, an avid champion of parents’ freedom to choose their children’s schools.

In her report, Stark captures the church-state issues by contrasting a public school, Fairfield Elementary School, with Emmaus Lutheran School, both in Fort Wayne. Vouchers and tax credits across the states fund primarily religious schools where the tuition is low enough to be offset by a modest voucher. The U.S. Supreme Court—in the controversial 2002, Zellman v. Simmons-Harris decision—found vouchers to be legal under the U.S. Constitution, though some state constitutions ban the expenditure of public dollars in religious schools. (This blog covered the church-state, First Amendment issues here.)

The most devastating impact of vouchers and tax credit programs, however, is to create a separate system that devours state public school budgets. Stark is clear from the outset: “At the heart of the debate (is) money, and how education dollars are divvied up.  Normally, the state distributes tax dollars to public schools to educate students. In Indiana, that’s about $5,800 per student. Vouchers change that. A portion of the money, the tax dollars, follow the student instead, allowing parents to use those dollars to pay tuition at the private school of their choice.”

Stark shows video footage of two nurturing, high-quality schools—a public school and Lutheran school, and she interviews their principals to learn about how the rapid growth of vouchers has affected each school. She also interviews Robert Enlow, the president of a national lobbying organization: EdChoice. Here is the background on EdCoice that Stark can’t cover in her short piece. EdChoice is today’s name for the Friedman Foundation for Educational Choice, the foundation started by Chicago free-market economist, Milton Friedman. Standford University professor, Martin Carnoy recently described Friedman’s role in promoting vouchers in a paper for the Economic Policy Institute: “As originally conceived by Milton Friedman (1955), the purpose of vouchers is to break the ‘monopoly’ of public schooling and extend families’ school choices for their children to include private education. Friedman, and voucher advocates more generally, argue that an education market that includes private schools competing on a financially level playing field with public schools, can deliver schooling more cheaply and satisfy consumer needs more effectively because private education is more efficient than public.” EdChoice’s Robert Enlow is introduced by Lisa Stark as an advocate, and advocate he does—beginning with this non sequitur: “We have seen over time our traditional school systems, because they’re based on zip code assignment and where you live, not providing always the best options for families.”

Stark also interviews Fort Wayne’s Superintendent of Schools, Dr. Wendy Robinson, who clarifies that the explosive growth of the voucher program in Indiana has not been neutral in its impact on the public schools: “If they took every student, if they were responsible for special ed, if they took ELL, if they were not allowed to pick and choose which kids they took, bring it on.” “You have established a totally separate school system on the back of a structure that was intended for public schools.”

In late December Emma Brown of the Washington Post filled in more of the background that Stark couldn’t cover in a short piece for the NewsHour:  “Indiana’s legislature 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. ‘Public schools will get first shot at every child,’ then Gov. Mitch Daniels (R) said at the time. ‘If the public school delivers and succeeds, no one will seek to exercise this choice.'”  Pence was elected governor in 2012, and, “Within months, 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.  By 2016, more than half of voucher recipients—52 percent—had never been in the state’s public school system.”

Chalkbeat Indiana reported two weeks ago on new data just released from the state. 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….”

In January, Valerie Strauss published a column by Glenda Ritz, Indiana’s state school superintendent until she was defeated in last November’s election. Ritz summarizes how deeply implicated key members of the Trump administration are in a commitment to expand the ideology of the former Friedman Foundation, now called EdChoice: “Indiana’s school choice program started under a prior governor as a small pilot, tailored to poor families that did not believe public schools were providing their children with an adequate education. Gov. Pence, however, escalated this program into a de facto entitlement for middle-upper-class families, pulling millions of dollars from our poorest schools so that these more affluent families could subsidize a private school education for their kids. Betsy DeVos wants to expand these voucher programs to as many states as possible. Pence likes to claim that Indiana has the largest voucher program in the country. What he does not like to admit is that in five years of this program, Indiana’s taxpayers have sent more than $345 million to religious schools with little to no state oversight or regulation. These taxpayer dollars would have otherwise funded public education in our state.”

Here is what Dr. Wendy Robinson, Fort Wayne’s school superintendent tells Lisa Stark in Tuesday’s PBS NewsHour interview: “I’m worried that people aren’t alarmed. Public education is the backbone of this country.”  Please do watch this short piece on Indiana’s school voucher program.

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.”