school choice

Another school funding case is knocking at the U.S. Supreme Court’s door. This case, Espinoza v. Walborn, hales from Montana, where the state’s fledgling school-choice program was killed moments after it left the crib. The Court now has a chance to revive it and land a major victory for educational choice across the country.

Montana’s first school-choice law, passed in 2015, took the form of a tax-credit scholarship program. If a taxpayer donated to an approved scholarship organization, she could claim up to $150 of the donation as a tax credit. The scholarship organizations then dished out scholarships to help parents afford to put their kids through private school.

Then the Montana Department of Revenue gutted it. The Department promulgated a rule that none of that scholarship money could go to religious private schools. This basically killed the program, since the vast majority of private schools in Montana–and in most states–are religious schools.

The Department claimed that the state constitution prohibited the scholarship dollars from going to religious schools because of the state ban on indirect public aid to religious schools. This is an absurd argument. The scholarship funds are privately donated dollars–they never touch a public coffer. The fact that someone can claim a tax credit hardly means that the donation becomes “public funds” because of diverted revenue. Such an argument, extended to its logical conclusion, would mean that all money is the government’s, and when it graciously declines to tax us, that extra money of ours is in fact part of the public fisc.

Nonetheless, the government prevailed at the Montana Supreme Court. In fact, the Court did the state one better–they just invalidated the whole tax-credit program, even for the few parents who might use a scholarship to send their kids to a secular school.

It’s a terrible blow to parents in Montana trying to find some genuine variety in education. But it also gives the Supreme Court a chance to right a wrong that has been festering in education policy for well over a century. The Supreme Court should hold that barring religious schools from accessing a neutral and generally available funding program violates the Free Exercise Clause and the Equal Protection Clause of the U.S. Constitution.

The portion of Montana’s state constitution that laid the tax-credit program in an early grave is known as a Blaine Amendment, named after 19th-century Congressman James Blaine. In 1875, Blaine proposed a federal constitutional amendment that would, among other things, prohibit states from funding “sectarian” schools with public money. Blaine’s federal amendment failed, but many states passed state-level amendments to the same effect, and Congress managed to make inclusion of such amendments a condition of statehood for new states entering the union.

The history is clear that these amendments are rooted in anti-Catholic bigotry. As the United States transitioned to a public school system, public schools had a distinctly Protestant flavor (often state-endorsed or even state-forced). Catholic migrants therefore began forming and attending private religious schools of their own. The backlash was fierce, and anti-Catholic sentiment often expressed itself in hostility to Catholic schools. James Blaine’s proposed amendment was a key manifestation of this bigotry.

And the bigotry lives on today. Ironically, however, now opponents of genuine choice in education have retrofitted Blaine Amendments as a partisan weapon to combat vouchers, tax credits, and education savings accounts. Montana’s law is only the most recent victim. If the Supreme Court doesn’t grant this case and strike down these state laws rooted in religious bigotry, it won’t be the last.

Betsy DeVos was narrowly confirmed as US Education Secretary this week. Of all Trump’s nominees, she seems to have attracted the most rancor, which is a shame considering Trump’s pick for Attorney General, Jeff Sessions, is an outspoken supporter of the US’s brutally racist drug war. Concerns with DeVos’s background and experience are very well-founded. Concerns with her support for school choice, however, are not.

Others, including Nick Gillespie, have already covered the important student-centric case for school choice, pointing out in particular how greater choice benefits minority students and students from disadvantaged backgrounds. I will focus instead on the benefits to teachers as I see them based on my research in school choice systems in the United Kingdom and Sweden.

A great deal of opposition to school choice is based on the perception that it is necessarily an attack on the teaching profession (it is certainly the way teaching unions portray it). Indeed, it is too easy for generically anti-state advocates of school choice to fall into the assumption that there is a pitched conflict between the supposed special interests of publicly-funded teachers and the interests of students. On this narrow account, the purpose of school choice is to compel teachers to work harder, for longer, in order to produce better results for their students.

The reality is that teachers and students share a lot of common interests, namely having a safe, productive and enjoyable working environment. The broader case for school choice is that a competitive framework allows for these environments to emerge more readily than with a monopoly public provider. This does not necessarily mean importing a ‘competitive ethos’ inside the school gates. If anything, it is school administrators, or proprietors in the case of private schools, that need to be exposed to competition, not the teachers themselves.

How do teachers benefit from school choice in practice? First, schools exposed to competition are encouraged to devote more money to teachers’ salaries (for teachers both in public and private schools). Arguably, this is because retention of quality teachers is more important than more visible expenditure that are often more attractive to policymakers. These include new buildings and electronic classroom aids that officials think can give the public the impression of long-term ‘investment’ in a way that simply paying teachers more does not, even if that is, in fact, what works best.

Second, such schools can allocate training resources more effectively to teachers. I found in Sweden, which has an extensive school choice system, that one private network of schools had developed and provided their own continuing professional development curriculum rather than outsourcing it to consultants.

Third, multiple competing providers combined with the possibility of establishing new schools give more career options for teachers. Conversely, a public monopoly can easily succumb to group-think. This ends up excluding good teachers who happen to disagree with the prevailing orthodoxy. The career trajectory of British teacher, Katharine Birbalsingh, is a useful illustration. She was a successful state-school teacher who made the mistake of appearing at a Conservative Party conference in order to advocate for a more traditional pedagogy and to discuss problems of discipline in the school system. She was suspended from teaching as a result and essentially forced to resign her position.

Under a purely public school system, an outspoken teacher who disagrees with the way the majority of schools are run might be frozen out from further employment indefinitely. They would have to move to the fee-paying private sector instead in order to continue teaching at all. In the United Kingdom, however, we now have array of state-funded but independent schools called free schools. This allowed Birbalsingh to open a new school, the Michaela Community School, which so far appears to be enjoying some success. It is also an attractive employer for other teachers seeking an environment that supports greater discipline in the classroom. Thus she was able to continue contributing to public education. In this sense, a diverse range of schools, based on different pedagogical principles, does not only benefit students who can find a school that better matches their needs. It also gives teachers a wider range of environments in which to work.