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.”

Nevada Education Savings Account Vouchers Ruled Unconstitutional by Nevada’s Supreme Court

In a short brief, the National Education Association concisely defines Education Savings Accounts—the kind of school voucher program that was found unconstitutional by the Nevada Supreme Court last week:

“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.”

Education Savings Accounts are advocated by the American Federation for Children (Betsy DeVos’s organization) and the Friedman Foundation.  The American Legislative Exchange Council (ALEC) has a model Education Savings Account bill ready to be introduced in any state legislature. (If you are unfamiliar with ALEC, check out this post.) As of 2015, NEA reported that five states—Arizona, Florida, Nevada, Mississippi and Tennessee—had passed legislation to establish Education Savings Accounts.

Nevada’s program was said to be the most radical. In June of 2015, after Nevada’s law was passed, Lyndsey Layton and Emma Brown reported for the Washington Post: “Starting next school year, any parent in Nevada can pull a child from the state’s public schools and take tax dollars with them, giving families the option to use public money to pay for private or parochial school or even for home schooling… Nevada’s law is singular because all of the state’s 450,000 K-12 public school children—regardless of income—are eligible to take the money to whatever school they choose.” While most voucher programs are designed for poor and special needs students, every student in Nevada was going to be able to take $5,100 (or $5,710 for special education students) and use the money for her or his parents’ choice of educational services. The only demand: the student must have been enrolled in a public school for at least 100 days in order to qualify.

Of course, a big problem loomed: this plan was guaranteed to break the public education budget of the state and to destroy the public schools. The program was never fully implemented, as legal challenges were immediately filed, although the Las Vegas Review-Journal reports that 8,000 families had applied to participate.

And in its decision last week, the Nevada Supreme Court found the program’s funding, not the program itself, unconstitutional. By denying the program’s funding, however, the supreme court’s decision will effectively end the program. The Education Law Center, part of the pro-bono legal team in this case, commented on the significance of the Nevada Supreme Court’s decision: “The Court’s ruling makes clear that the Nevada Legislature violated a constitutional prohibition against the use of public education funding for any purpose other than the operation of the public schools. The ESA voucher program would have diverted funds from the public schools for private education expenditures. This decision strikes at the heart of the ESA voucher program, which was designed to remove significant amounts of funding from public school budgets to pay for private school tuition and other expenses, even for the wealthy.  The court’s sweeping ruling permanently blocks the program from being implemented in the future.”

Supporters of Nevada’s Education Savings Account program have pledged to find another funding mechanism. They have explained that the court did not specifically find Education Savings Accounts unconstitutional and instead merely rejected the way Nevada funded the program. For the program to be resurrected at this point, Nevada’s legislature would have to create a funding stream entirely separate from Nevada’s education budget for this particular program.

What is clear is that with support from far right advocates and even a model bill from ALEC, other state legislatures will be introducing plans for Education Savings Accounts.  And not all state constitutions have specific language prohibiting the diversion of state education funds away from the public schools.

VP Nominee Mike Pence Brags He Supported ALEC “Before It Was Cool”

After the Republican convention in Cleveland, Mike Pence, the Republican nominee for Vice President of the United States, went home to Indiana, where he is governor, and made a speech to the annual meeting of the American Legislative Exchange Council (ALEC).  Here is a description from James Briggs, a reporter for the Indianapolis Star: “First, Gov. Mike Pence returned home to Indiana from the national campaign trail. Then, he came home to his base. Pence on Friday addressed a room full of kindred spirits at the American Legislative Exchange Council. The free-market policy group concluded its three-day annual meeting at the JS Marriott in Downtown Indianapolis.  ‘You are the model for Washington, D.C., after this election,’ Pence told the room….”

Pence’s description of ALEC as a model ought to terrify anyone who knows anything about the American Legislative Exchange Council. ALEC is a sort of dating service that pairs member corporate lobbyists with member state legislators. Too often the corporate lobbyists are the primary authors of ALEC’s model bills.

Here is how New York’s Common Cause describes ALEC in a recent report: “Through the American Legislative Exchange Council (ALEC), some of the nation’s largest companies invest millions of dollars each year to pass state laws putting corporate and private interests ahead of the interests of ordinary Americans. ALEC’s membership includes some 2,000 state legislators, corporate executives and lobbyists.  ALEC brings together corporate lobbyists and state legislators to vote as equals on model bills, behind closed doors and without any public input, that often benefit the corporations’ bottom line.  These model bills are then introduced in the state legislatures across the country….”  ALEC’s effort to undermine government and promote privatization through “model” laws that can be adopted by any state legislature is underwritten by corporations along with some of our nation’s wealthiest political investors, and it pairs state legislators with the corporations that stand to gain from legislation their lobbyists help design.

Briggs of the Indiana Star continues: “Pence’s speech… was light on references to Trump and heavy on ALEC’s bread and butter: state government.  ALEC is an influential policy group that drafts model legislation for statehouses across the country.  Pence joked that he was ‘for ALEC before it was cool.'”  Briggs quotes Pence “telling ALEC members he came to ‘say thank you for the work all of you have done in state legislatures.’ He urged those in attendance to use the November election to make the federal government reflect politically conservative states such as Indiana.”

Writing for PR Watch, Jessica Mason and Lisa Graves describe Pence’s record of pushing ALEC’s priorities in Indiana: “As Governor, Pence appointed an ALEC staffer to his cabinet, and pushed parts of the ALEC agenda into law, such as anti-worker bills like repealing the prevailing wage and privatizing public schools in various ways.  He even sent a letter to state legislators urging them to join ALEC, which is widely described as a corporate bill mill. ALEC is funded by Koch Industries, Peabody Energy, huge global tobacco and drug companies, and other corporations that pay a premium to access ALEC lawmakers.”

The PR Watch report explains: “School privatization proponents have slowly been dropping the pretense that the ‘school choice’ movement is about helping underprivileged children.”  Last week’s convention featured a workshop on education titled: ‘The Path to Universal Choice: From Theory to Passage to Implementation.”  And at ALEC’s annual meeting last week, delegates considered new model bills that can be disseminated across the states to make it harder to close poor performing charter schools: “Two new bills being considered by what ALEC now dubs its ‘Education and Workforce Development Task Force’ could help poorly performing charters stay open without having to improve. Under the Assessment Choice Act, instead of using a uniform assessment for students statewide, charters’ authorizers would take their pick from a ‘menu’ of tests, unlike traditional public schools. If propping up test scores isn’t enough to save a charter from closure, the ‘Student and Family Fair Notice and Impact Statement Act’ promises to add new hurdles. Before closing or restructuring a charter school, this act would not just require that families be notified. It would also create a public hearing process in which parents, teachers, and ‘experts’ could give testimony about the school, and the charter board would be allowed to suggest a response plan. In case it wasn’t obvious that the bill is meant to keep the charter in operation, the drafter of that model bill added: ‘[drafting note: it should be clear the school can present an alternative for supporters of the school to rally around.]'”

Members of the Indiana State Teachers Association rallied during Pence’s address to protest the governor’s long affiliation with ALEC and his decision to address ALEC’s annual convention.  Think Progress reporter, Casey Quinlan notes that under Pence and his predecessor as governor, Mitch Daniels, ALEC has increased its legislative membership in Indiana by 40 percent.

The American Legislative Exchange Council is currently granted 501(c)3 educational nonprofit status by the Internal Revenue Service.  We all need to join Common Cause and others who have been working to press the IRS to treat ALEC as what it really is: a lobbying organization.

Southern Education Foundation Traces Tax Funded Segregation via Vouchers, Tax Credits

While schools remain highly segregated by race across the United States, the de jure kind of segregation in which Southern states had explicit laws to separate white from African American children was eradicated during two decades’ of civil rights struggles that followed the 1954 Supreme Court decision in Brown v. Board of Education.  As the Brown precedent was used to test and overturn segregation statutes across the South, one of the responses was to offer various tax credits to families whose children moved to the private, white segregation academies.  In a major report released at the end of March, Race and Ethnicity in a New Era of Public Funding of Private Schools, the Southern Education Foundation traces that history as a backdrop for an up-to-date investigation of the role of private schools today as segregationist escapes for white children and the implications of the expansion of tax credits and vouchers to support private schools that virtually exclude African American, Hispanic and American Indian children.

Here is a bit of the history recounted in the report: “From 1954 to 1964, Southern state legislatures enacted as many as 450 laws and resolutions attempting to block, postpone, limit, or evade the desegregation of public schools.  A large number of these acts were aimed at re-directing public resources, including those in the public school system, to benefit private schools.”  But such statutes were eventually overturned by the early 1970s: “Each of these enactments supporting private schools, even indirect efforts like tax credits shrouded in non-racial language were invalidated by federal courts or abandoned by Southern states that faced likely court challenges because the bills were seen as indirect, covert efforts to evade or disrupt public school desegregation….”

Today, according to this report, beginning in the 1990s, nineteen states have once again passed vouchers or tuition tax credits to pay students’ tuition at private schools including nine states across the South: Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina and Virginia: “Most legislation adopted and considered to fund private schools in the Southern states in recent years has been introduced and supported with the stated purpose of improving educational opportunities and success for low income students, many of whom are students of color, especially African American and Hispanic students.”  The report notes that most of these states “do not collect or publicly provide reliable data that includes reporting of the race and ethnicity of students who attend private schools with public funding.  For this reason, there is no verifiable means at this time to determine accurately the demographic characteristics of private school students whose attendance has been subsidized by state funds….”

The Southern Education Foundation therefore considers another question as a proxy for the unavailable documentation that would identify the number of children of color receiving vouchers and tax credits: “(W)hat is the role of private schools in comparison to public schools, in educating students of color in the South and the nation?” After all: “Unlike public schools… private schools… are often entirely free to decide which children to admit as students, so long as the schools adopt a non-discriminatory policy and publicly declare that they do not discriminate on the basis of race, color, or national origin.  Therefore, an analysis of enrollment patterns among white students in private schools throughout the 50 states can advance an understanding of the choices that private schools have made, with and without public funding, in selecting students to admit.”

What are the report’s findings?

  • Across the South, from 1998 to 2012, the percentage of white private school students exceeded the number of total white students in the region by 20 percentage points, twice the margin in the rest of the nation.
  • Across the U.S., from 1998 to 2012, the number of all students enrolled in private schools declined slightly for both white and students of color.
  • A third measure is what the report calls “virtual segregation” of white students—white students comprising 90 to 100 percent of a school’s enrollment.  “In 2012, white students were far more likely to be educated in virtual segregation in private schools than in public schools. “Forty-three percent of the nation’s private school (white) students attended virtually all-white schools in contrast to 26.9 percent of public school students.”  In South Carolina, 63 percent of white students in private schools were being educated in extremely segregated settings compared to 5 percent of the state’s public school students. The difference in Mississippi is 56 percent segregation of white students in private schools vs. 15 percent in the public schools.
  • The report adds another category: virtual exclusion—the number of white students attending private schools with 10 percent or less students of color. “Nearly two-thirds of white students attending private schools across the 50 states were in schools that virtually excluded African American, Hispanic, and Native American students.”  Again South Carolina led the states with 84 percent of white students in South Carolina’s private schools attending schools that exclude children of color.  Delaware came in second with 72 percent of white private school students attending schools with a virtual absence of racial-ethnic minorities.  “Seven of the ten states with the largest measures of racial exclusion in private schools were in the South… The percentage of white students in private schools in the 15-state South exceeded the percentage in the public schools by 37 percentage points.”

The report’s conclusion: “Today… private schools in nine states of the South, and eight other states including Kansas and Arizona in the rest of the nation have begun to receive special public funding through vouchers and/or state tax credits.  As a result, private schools receiving special public funds are no longer entirely private, no longer free of special government support.  With the special public funding of vouchers and tax credits, private schools should have a higher pubic duty to observe higher public standards—higher standards of non-discrimination—than before.  In other words, public funding of private schools, directly or indirectly, should… mean that token desegregation and ‘schools for whites’ among the private schools in the South and other sections of the nation are no longer acceptable as a matter of law or practice… The predominance of virtual segregation and virtual exclusion, which this study documents in private schools in the South and beyond, is clear and convincing evidence that private schools are failing to achieve a practice that meets a reasonable public standard for non-discrimination.”

ALEC Relentlessly Cashes in on Kids and their Public Schools

The Chicago and Detroit and Philadelphia school districts are out of money due to political fights in their statehouses. Privatization through charters and vouchers continues to grow.  States adhere to the supply-side theory that prescribes radical tax cutting as the only way to attract jobs and grow the economy.  States rank and rate school districts and create policies that explain low achievement in the very poorest districts by castigating the schools and blaming the teachers.  I hope those of us who know better will stay informed, get organized, and continue to lift our voices, because the forces on the other side have constructed and funded an institutional framework to ensure that their policies get enacted by the legislatures across the states.  And as more and more states have school vouchers, for example, that give tax dollars to families to fund private and parochial schools, vouchers become normalized in the public’s mind and the idea that something is wrong with public education becomes normalized as well.  It is unsettling that none of this is being probed in the ongoing political campaigns for President.

This coherent, calculated effort to undermine government and promote privatization—being rolled out through “model” laws that can be adopted by any state legislature—is underwritten by corporations along with some of our nation’s wealthiest political investors, and it pairs state legislators with corporations that stand to gain from legislation their lobbyists help design.  It is called ALEC—the American Legislative Exchange Council.

Here is how New York’s Common Cause described ALEC in a report last year: “Through the American Legislative Exchange Council (ALEC), some of the nation’s largest companies invest millions of dollars each year to pass state laws putting corporate and private interests ahead of the interests of ordinary Americans. ALEC’s membership includes some 2,000 state legislators, corporate executives and lobbyists.  ALEC brings together corporate lobbyists and state legislators to vote as equals on model bills, behind closed doors and without any public input, that often benefit the corporations’ bottom line.  These model bills are then introduced in the state legislatures across the country….”  Some people have described ALEC as a dating service that pairs corporate lobbyists and state legislators. Too often the corporate lobbyists are the primary authors of ALEC’s model bills.

Is your state legislature considering passing Right to Work legislation to destroy the right of workers to unionize?  One of ALEC’s model bills is the “Right to Work Act.”  Here are titles of just some of ALEC’s other model bills: “The Great Schools Tax Credit Program Act” (tuition tax credits are a kind of school voucher); “Public Charter School Operations and Autonomy Model Legislation”; “The Virtual Pubic Schools Act”; “The Charter Schools Act”; “The Special Needs Scholarship Program Act” (another voucher plan);  “Public Charter School Funding and Facilities Model Legislation”; “Education Savings Account Act”; “The Next Generation Charter Schools Act”; “Alternative Certification Act”; and the “Parent Trigger Act.”

The Center for Media and Democracy and its PR Watch and its ALEC Exposed project have set out to demonstrate how ALEC operates across the states.  Here is how PR Watch’s Brendan Fischer describes ALEC’s activity during 2015: “Despite widespread public opposition to the corporate-driven education privatization agenda, at least 172 measures reflecting American Legislative Exchange Council (ALEC) model bills were introduced in 42 states in 2015… ALEC’s education task force has pushed legislation for decades to privatize public schools, weaken teacher’s unions and lower teaching standards.  ALEC’s agenda would transform public education from a public and accountable institution that serves the public into one that serves private, for-profit interests.  ALEC model bills divert taxpayer money from public to private schools through a variety of ‘voucher’ and ‘tuition tax credit’ programs.  They promote unaccountable charter schools and shift power away from democratically elected local school boards.”

ALEC’s model bills use a number of strategies to push an idea like vouchers forward.  Many of them seem targeted to very small groups of students, and they are usually not called “vouchers.” ALEC’s bills don’t always get passed, but legislative members of ALEC are relentless about keeping the legislative conversation focused on ALEC’s priorities. Here is how Fischer describes various voucher bills introduced across state legislatures in 2015: “ALEC has cooked up a variety of means of gaining ground on school privatization…. A handful of ALEC bills claim to offer ‘scholarships’ for sympathetic populations—like students with disabilities or foster kids—but are actually targeted voucher programs….  One ALEC bill, the Special Needs Scholarship Program Act, carves out vouchers for students with special needs, regardless of family income.  Nine states—Arkansas, Florida, Georgia, Missouri, Mississippi, North Carolina, New York, Oklahoma, and Rhode Island—considered similar legislation in 2015…. Another ALEC bill, The Foster Child Scholarship Program Act, would create a voucher program specifically for children in foster care, and was introduced in Missouri.  ‘Opportunity Scholarships,’ introduced in four states—Illinois, Missouri, New Jersey, and New Mexico—earmark vouchers for students in schools deemed ‘failing.'”

Once smaller bills are passed, there are relentless efforts to expand them.  The original Milwaukee voucher program, passed in the 1990s, was promoted to support access to private and parochial schools for Milwaukee’s poorest children.  Now under Governor Scott Walker, vouchers have been expanded statewide and the income requirement allows families with income above the statewide median to qualify.

Here is how Fischer describes the Center for Media and Democracy’s methodology in preparing its recent report: “CMD reviewed thousands of bills introduced in state legislatures in 2015 to assess whether they contained language consistent with ALEC bills.  In determining that there were at least 172 ALEC models within state bills—that is, bills containing key provisions consistent with ALEC’s legislative agenda—CMD examined both stand-alone and omnibus measures.”  At the end of his report, Fischer lists the bills state-by-state and identifies those that passed.

According to Fischer’s report on ALEC’s 2015 activity, it isn’t only corporations that fund ALEC by paying corporate dues for their lobbyists: “One of ALEC’s biggest funders is Koch Industries…. The Kochs have had a seat at the table—where the private sector votes as equals with legislators—on ALEC’s education task force via their ‘grassroots’ group Americans for Prosperity and their Freedom Partners group…. The Kochs also have a voice on ALEC’s Education Task Force through multiple state-based think tanks of the State Policy Network, ALEC’s sister organization, which is funded by many of the same corporations and foundations and donor entities.”  The State Policy Network includes such far-right state think tanks as the Buckeye Institute in Ohio, the Mackinac Center in Michigan, and the John Locke Institute in North Carolina.  Fischer describes additional ALEC allies including Dick and Betsy DeVos’s American Federation for Children and its affiliate the Alliance for School Choice and the relentless Lynde and Harry Bradley Foundation of Milwaukee that “has spent more than $31 million promoting ‘school choice’ nationwide between 2001 and 2012.”

One huge irony is that the Internal Revenue Service considers ALEC a tax-exempt, educational nonprofit instead of classifying it as a lobbying organization.  In 2012, Common Cause filed an IRS complaint to challenge ALEC’s status.  As the NY Times reported in Conservative Nonprofit Acts as a Stealth Business Lobbyist, ALEC defended itself by arguing, “that it provides a forum for lawmakers to network and to hear from constituencies that share an interest in promoting free-market, limited-government policies.  Lobbying laws differ by state, and ALEC maintains that if any of its members’ interactions with one another happen to qualify as lobbying in a particular state, that does not mean ALEC, as an organization, lobbies.”  The NY Times report continues: “ALEC, which is registered as a public charity under section 501(c)(3) of the tax code, traces its roots to 1973, when the conservative activist Paul M. Weyrich and several other Republicans sought to create a state-level clearinghouse for conservative ideas.  Although its board is made up of legislators, who pay $50 a year to belong, ALEC is primarily financed by more than 200 private-sector members whose annual dues of $7,000 to $25,000 accounted for most of its $7 million budget in 2010.”

Beware These Three Governors, All Republican Presidential Contenders

Campbell Brown is the far-right, former CNN anchor who has become an advocate against teachers’ unions and due process protections for teachers.  She has now founded a so-called news site, The Seventy Four.  Reporters for Politico call it a “news advocacy site.” There are, of course, questions about objectivity in Campbell Brown’s venture, both in possible biases in the opinions expressed and in the selection of topics to cover.  For example, The Seventy Four has begun broadcasting debates on the topic of public education policy among the Republican candidates for president. Hillary Clinton and Bernie Sanders have, to my knowledge, not been invited.  The first of these debates, co-sponsored by The Seventy Four and the American Federation for Children—Betsy DeVos’ organization that promotes school vouchers, took place this week.  Not surprisingly, the candidates declared themselves devoted to far-right education doctrine, and the program was set up to affirm the far right opinions of the candidates who appeared.

It is my plan to concentrate more deeply on the race for President in a few months when November 2016 is closer.  In the meantime, however, it is important for those of us who share a concern about the future of public education to be very clear about the candidates who have significant records on public education.  Three of the Republican candidates—whose ideas have been covered in recent weeks in the mainstream media or in reports from organizations that support public education instead of privatization—brag about education “reforms” as the centerpiece of their records as governor.  This post will explore these three governors’ records to provide some balance to what you may have heard in the recent event staged by Campbell Brown and Betsy DeVos.

There is Ohio’s current governor, John Kasich.  In a recent piece at the Education Opportunity Network, Jeff Bryant covers Kasich: “Given the current crop of Republican governors bidding for the presidential nomination, it is difficult to pick which has been worse on education policy… But the effect Governor Kasich has had on public education policy in Ohio is especially atrocious.”  In her Washington Post column, Valerie Strauss summarizes Kasich’s record on education: “Kasich has pushed key tenets of corporate school reform: expanding charter schools… increasing the number of school vouchers… (implementing) performance pay for teachers… evaluating educators by student standardized test scores in math and reading…. Meanwhile, the Ohio Education Department in Kasich’s administration is in turmoil.  David Hansen, his administration’s chief for school choice and charter schools resigned… after admitting that he had unilaterally withheld failing scores of charter schools in state evaluations of the schools’ sponsor organizations so they wouldn’t look so bad… Under his watch, funding for traditional public schools—which enroll 90 percent of Ohio’s students—declined by some half a billion dollars, while funding for charter schools has increased at least 27 percent, with charters now receiving more public funds from the state per student than traditional public schools…. If Kasich’s goal for his reform efforts was to close the achievement gap, it hasn’t worked…. Ohio has the country’s ninth-largest reading gap between its highest-and lowest-performing schools, as well as the second-largest achievement gap in math, and the fourth largest gap in high school graduation rates.” This blog has covered Ohio education policy extensively in regular posts.

Of all the candidates, Jeb Bush has the most extensive and damaging record on public education, as he and his Foundation for Excellence in Education have radically expanded charter schools in Florida, expanded vouchers, promoted A-F rating systems for schools, and promoted privatized on-line academies and the expansion of contracting for school technology.  This blog has summarized Bush’s education record herehere and here.  Recently Business Insider confirmed Bush’s boast at the early August, Republican presidential debate: “As governor of the state of Florida, I created the first statewide voucher program in the country.”  Business Insider reports: “Bush… was not over-selling his accomplishment.  In 1999, under his gubernatorial oversight, Florida became the first state in the nation with a statewide voucher program.”  In an extensive recent report for Alternet, Jeff Bryant traces Bush’s expansion of charter schools across Florida, beginning in 1996 with the launch of Liberty City Charter School in one of Miami’s poorest neighborhoods.  Bryant traces charter school growth across Florida, a history replete with closures and the promotion of  charters tied to key legislators. Bryant concludes, “Since introducing Florida’s first charter school to Liberty City, Jeb Bush has come to refer to his education efforts in the state as ‘the Florida Miracle,’ and his education leadership will no doubt be trumpeted as one of his signature achievements during his presidential campaign.”  But, Bryant interviews Dwight Bullard, the current elected state representative of the district that includes Liberty City: “Bullard tags Bush for introducing a ‘plethora of bad ideas’ to Florida’s education system, including instituting a school grading system that perpetually traps schools serving the most struggling students with an ‘F’ label, and opening up communities to unproven charter schools that compete with neighborhood schools for funding. ‘What he started was something that would harm the most struggling schools.  Grading them, robbing them of resources, closing them down.  Doing undue harm to the exact people who need the help the most.'”

Finally there are Scott Walker‘s ties to ALEC.  Brian Murphy’s stunning article for Talking Points Memo not only exposes Walker’s record as governor of Wisconsin, but it is among the clearest exposes I’ve read of the American Legislative Exchange Council, the lobbying organization that the Internal Revenue Service continues to grant not-for-profit educational status, despite a long and courageous effort by Common Cause to get ALEC’s IRS status adjusted.  Murphy reports that Scott Walker has been one of the nation’s leaders importing ALEC’s model laws to his state, Wisconsin: “voter ID laws, so-called ‘right to work’ laws, attacks on private and public sector unions, attacks on clean air standards and sustainable energy, pro-charter school bills, attacks on college accreditation and teacher certification, laws proposing to centralize rule making on energy, pollution, power plants, state pension investments, tort reform… food labeling….”  These laws “seem to pop up in different state capitals seemingly simultaneously, with the identical legalese backed by the same talking points and even the same expert witnesses. ALEC is often the reason.”

Murphy explains just how the American Legislative Exchange Council works: “Commonly known as ALEC, the group is somewhat unique in American politics.  It boasts more than 2,000 members of state legislatures, the vast majority of whom are Republican.  And at its annual meetings and other sponsored retreats and events, it pairs those state lawmakers with lobbyists and executives from its roster of corporate members.  Together lawmakers and private interests jointly collaborate on subcommittees—ALEC calls them ‘task forces’—to set the group’s legislative agenda and draft portable ‘model’ bills that can then be taken… to legislators’ home states to be introduced as their own initiatives.  The private sector members of these task forces have veto power over each committee’s agenda and actions.  ALEC’s agenda, therefore, always prioritizes the interests and voices of its donors over elected lawmakers.  ALEC doesn’t publish a list of either its corporate members or its publicly-elected legislator-members.  It doesn’t allow members of the media to access its conferences.  And it doesn’t disclose its donor list.  Much of what we know about the group comes from periodic voluntary individual disclosures….  Operating as a 501(c)(3), the group claims to be an educational outfit that provides nonpartisan research to lawmakers for their ‘continuing education.’  Because it is allowed charity status under the tax code, ALEC’s donors can write off their membership dues and contributions.  Legislator members pay annual dues of $50, while according to leaked documents, corporate sponsors pay between $7,000 and $25,000 per year…  (I)t’s an organization that facilitates intimate and discreet lobbying opportunities where donors have access to a self-selecting set of willing accomplices drawn from the nation’s fifty state legislatures.”

Murphy’s article does not emphasize public school policy.  Murphy traces Walker’s promotion of ALEC legislation for privatization of prisons—the priorities of the Corrections Corporation of America and Wackenhut, and most notably his successful legislative initiatives to curtail public sector unions and eliminate “the ability of unionized public employees to bargain for wages or benefits.” “Walker has continued to spring ALEC-inspired legislation on Wisconsin’s citizens and lawmakers alike.  In March, Walker signed a so-called ‘Right to Work’ law that makes union dues voluntary for private sector workers in the state.”  He has also expanded charters and vouchers and, right in the budget, imposed a state takeover of the Milwaukee Public Schools.

States with All-Republican Government Attack the Common Good

Today 24 states have one party Republican government—a Republican governor, house of representatives and state senate. For years now, state policy has become increasingly driven by the growth of far-right, one-party state government with the added impact of big money lobbying, far-right think tanks across the states, and the American Legislative Exchange Council (ALEC)—the membership organization that pairs member state legislators with member corporate lobbyists to create model laws that can be introduced in any state legislature.  The mainstream media is catching on to some of this activity, and in the past couple of weeks, there have been stunning reports of far-right activity dominating state governments.

Last week, in The Ultimate In School Choice or School as a Commodity?,  Lindsey Layton and Emma Brown, education reporters for the Washington Post, published an in-depth investigation of Nevada’s new school voucher law: “Starting next school year, any parent in Nevada can pull a child from the state’s public schools and take tax dollars with them, giving families the option to use public money to pay for private or parochial school or even for home schooling.  The new law, which the state’s Republican-controlled legislature passed with help from the education foundation created by former Florida governor Jeb Bush (R), is a breakthrough for conservatives, who call it the ultimate in school choice.  And they are working to spread it nationwide….  Nevada’s law is singular because all of the state’s 450,000 K-12 public school children—regardless of income—are eligible to take the money to whatever school they choose.” “In January, Republicans took control of the Nevada legislature and the governor’s mansion for the first time since 1929, generating the political momentum to enact the country’s most expansive voucher plan.”

Far-right foundations and think tanks are deeply involved in state politics these days. Layton and Brown quote Robert Enlow, who leads the (Milton) Friedman Foundation for Educational Choice, commenting on Nevada’s new voucher program, “What this will do is continue to spread ripples across the country…. This bill shows that you can actually politically get it done.”  Patricia Levesque is also quoted. Levesque now directs the Foundation for Excellence in Education, launched in Florida in 2008 by Jeb Bush (In preparation for his announcement as a presidential candidate Jeb Bush recently resigned from the Foundation for Excellence in Education.). Levesque describes Nevada’s new super-voucher program: “This is the wave of the future. In all aspects of our life, we look for ways to customize and give individuals more control over their path and destiny…. This is a fundamental shift in how we make decisions about education.”

Layton and Brown report that 27 states since 2006 have implemented types of school vouchers—vouchers, tuition tax credits, and education savings accounts.  Unlike Wisconsin and Ohio, which passed school voucher programs two decades ago, at least Nevada does require children to have been enrolled in a public school before they can qualify for a voucher.  Ohio and Wisconsin persist in awarding public vouchers to children who have always been enrolled in a parochial or private school.  Nevada is the first state to offer vouchers to all students; in most states vouchers are targeted for low-income students.

Wisconsin was an early voucher state, and its current far-right governor, Scott Walker, continues to lead the movement to attack the public: undermining public sector unions, expanding Wisconsin’s school voucher program, transforming the mission of the University of Wisconsin into job preparation, and recently trying to eliminate tenure for college professors in the state university system.  Yesterday the NY Times featured a major investigation into the money and power behind Walker’s far-right, anti-public agenda.  Walker is the nation’s ultimate symbol of the public employee who opposes government employees and government services.

Here is what Patrick Healy and Monica Davey point out in yesterday’s NY Times investigation: “Less than a week after he was elected governor of Wisconsin in 2010, Scott Walker went to Milwaukee at the invitation of his political patron, Michael W. Grebe.  Mr. Grebe was Mr. Walker’s campaign chairman.  He was also president of the Bradley Foundation, a leading source of ideas and financing for American conservatives.  And the bankers, industrialists and public intellectuals on the foundation’s board wanted to honor the state’s next governor over dinner…. While the Milwaukee-based Bradley foundation could not endorse candidates outright, it provided more than $2 million in grants to think tanks that implicitly championed Mr. Walker’s small-government platform, and $520,000 to Americans for Prosperity, a national group that held Tea Party rallies at which Mr. Walker spoke.”

The NY Times reporters continue: “More than any of his potential rivals for the White House, Mr. Walker, 47, is a product of a loose network of conservative donors, think tanks and talk radio hosts who have spent years preparing the road for a politician who could successfully present their arguments for small government to a broader constituency… The little-known governor-elect honored in Milwaukee has become something of a conservative hero, backed by wealthy donors like Charles G. and David H. Koch and revered as a leader brave enough to face down unions and their liberal supporters.” Back in 2001 and 2002,  The Lynde and Harry Bradley Foundation of Milwaukee was integral in financing the campaign that that created the original school vouchers in Milwaukee, including the launch of the Black Alliance for Educational Options (BAEO) to promote vouchers among Wisconsin’s communities of color.  The BAEO has been operating nationally since 2002.

Today, according to yesterday’s NY Times report, the Bradley Foundation supports far-right think tanks in Wisconsin that promote Scott Walker’s anti-government policies and that work with groups like the Kochs’ Americans for Prosperity and a wide network of far-right state think tanks.  In Wisconsin, “The Bradley Foundation gave to Americans for Prosperity but was more integral to financing two think tanks that… generated policy ideas and talking points that were picked up by Wisconsin’s powerful bench of right-wing talk radio hosts. In 2009, the foundation gave a $1 million grant to one of the think tanks, the Wisconsin Policy Research Institute, to recommend policy ideas for the next governor.  It also backed the MacIver Institute, providing one-third of its budget.”  At stinktanks.org you can learn about the Wisconsin Policy Research Institute and the MacIver Institute.

In their Washington Post investigation of Nevada vouchers Layton and Brown, quote the refreshing insight of Lily Eskelsen Garcia, president of the National Education Association.  She explains how state policy endorsed by the far-right is affecting public schools, the quintessential institution not of the 1 Percent, but instead of the rest of us: “I am terrified that there are more and more state legislators and state governors who have bought into this very dangerous idea that school is a commodity.  It’s not profitable for very good private schools to allow in children who are disabled, kids who don’t speak English, kids whose parents who are struggling to put food on the table.”  Bob Farrace of the National Association of Secondary School Principals is also quoted: “Funneling public funds to private schools means fewer teachers, fewer counselors, fewer supplemental services and, in general, fewer opportunities for the vast majority of kids who remain in public schools.  It really violates the public trust when policymakers place individual benefit before public good.”