School Privatization Policy Brief - Southern ...
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School
Privatization
Policy Brief
SEF Position
SEF opposes all school voucher programs, education savings ac-
counts, tax-credit scholarship programs, and any other efforts to
fund private schools with public dollars.
forms of school vouchers from the Center
Background on Education Policy concluded that “studies
have generally found no clear advantage
From tax exemptions to direct grants for
in academic achievement for students
scholarships for K-12 students, state policy- 3
attending private schools with vouchers.”
makers have found creative ways to funnel
Most research findings show no material
taxpayer dollars away from public schools
difference in learning outcomes when
and into private schools. School privatiza-
comparing students who use vouchers
tion policies provide families of various
to attend private schools and those who
income levels and disability (or ability) sta-
are enrolled in public schools. Despite
tuses opportunities to use public dollars to
the lack of evidence that school vouchers
finance enrollment in private schools. In the
1
have any substantial positive impact on
seventeen states SEF serves, twelve states
student achievement, the advancement
operate school privatization programs that
of voucher programs in many states has
provide either school vouchers, tax-credit
not slowed. State and federal legislatures
scholarships, or education savings accounts,
continue to introduce bills that spread
resulting in 276,000 participating students
school privatization efforts regardless
and amounting to $1.6 billion in state fund-
of the negative impacts on traditional
ing or tax benefits to fund private schools or
public schools, including United States
pay for private education services.2
Secretary of Education Betsy DeVos’s
A review of the most comprehensive
1
Alabama, Arkansas, Florida, Georgia, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, and Virginia.
2
SEF analysis of ED Choice Database.
3
Usher, A. & Kober, N. (2011). Keeping Informed about School Vouchers: A Review of Major Developments and Research. Washington, DC:
Center on Education Policy.
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1
info@southerneducation.org SouthernEducation.org
proposal to develop the Education tax credit
Tax Credit Scholarship: States
Freedom Scholarship—a federal tax credit offer businesses or individuals
scholarship
scholarship program. tax credits to donate money
to non-profit student scholar-
STATE PROGRAMS THAT ship-granting organizations.
REDIRECT PUBLIC SCHOOL Students who meet the require-
FUNDING TO PRIVATE SCHOOLS ments of the program can use
the scholarship money toward
SCHOOL
•
VOUCHER
School Voucher: States offer tuition at a private school. These
parents a certain amount of tax benefits, in part, would go to
public education funding for support local public schools.
private school tuition. States
set different and varying levels
of requirements that schools
must meet to be eligible to
accept a voucher, and the
number of approved schools
varies per state. Parents are
required to pay any difference
between the voucher amount
and the school’s tuition unless
the private school agrees not to
charge more than the amount of
the voucher. FAMILY ELIGIBILITY REQUIREMENTS
• Education Savings Account States establish eligibility requirements
(ESA): States set aside funding for students and families to access school
and place it in individual ac- privatization programs. Eligibility require-
counts for students. Parents can ments may include a maximum family
use the money toward a variety income level threshold, prior year public
of education-related costs, in- school enrollment, or disability status.
cluding private school tuition, However, states have complete autonomy
homeschooling costs (such as in setting eligibility standards. For exam-
online course tutoring), and even ple, Arkansas, Florida, Georgia, Louisiana,
on some types of therapy. Allow- Mississippi, and North Carolina operate
able uses vary by state, but ESAs school voucher programs without an in-
typically support private school come limit.
tuition and education services.
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CONCERNS WITH STATE SCHOOL Students from low-income families
PRIVATIZATION EFFORTS who cannot cover the difference
between the cost in tuition and the
• The establishment of private schools program amount are unable to
in the southern United States is access these programs.
deeply rooted in historic efforts
to maintain racial segregation as • Under the Individuals with Disabil-
demonstrated by the dramatic ities Education Act (IDEA), students
growth of private schools and with disabilities are already entitled
enrollment in private schools by white to attend private schools with the
students across the southern states full cost of tuition covered when the
after Brown v. Board of Education, public school is unable to provide
as compared to such growth and services that meet a student’s need.5
enrollment across the country.4 State school privatization programs,
however, force families with disabled
Programs that use public funds for private schools do
not cover the full cost of tuition and therefore do not
equally support all families, impacting low income
families that cannot cover the difference.
• State governments have a consti- children to pay the difference in the
tutional responsibility to ensure all voucher amount and the school’s
children have access to free public tuition in addition to requiring fami-
education, not a private one. lies to waive their right to a free and
appropriate public or private educa-
• Programs that use public funds for tion protected under federal law.
private schools usually do not cover
the full cost of tuition and therefore • School voucher programs do
do not equally support all families. not create greater educational
4
Southern Education Foundation. A New Era of State-Funded Segregation in Private Schools. Retrieved January 13, 2019, from https://www.
southerneducation.org/Our-Strategies/Research-and-Publications/Race-Ethnicity-Landing-Pages/A-New-Era-of-State-Funded-Segrega-
tion-in-Private-S.aspx; Southern Education Foundation. A History of Private Schools and Race in the American South. Retrieved January 13,
2019, from https://www.southerneducation.org/Our-Strategies/Research-and-Publications/Race-Ethnicity-Landing-Pages/A-History-of-
Private-Schools-Race-in-the-American.aspx
5
Individuals with Disabilities Act Statute: 20 U.S.C. 1412(a)(10)(B). Retrieved from https://sites.ed.gov/idea/statute-chapter-33/
subchapter-II/1412/a/10.
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opportunity in rural communities
where no private schools may exist.
School Privatization Efforts
In addition, voucher programs in Southern States
further strain funding resources in
communities that already have lower Currently, one of the key issues dominating
densities of students and schools. education policy conversations in state
legislatures and the federal government is
• Using public funds for private the push to expand school privatization.
schools eliminates or reduces public Within the 2019 legislative calendar
accountability for taxpayer dollars. and with various degrees of success,
Private schools do not face the same Florida, Tennessee, Georgia, and West
requirements as public schools Virginia all made efforts to expand school
related to state approved academic privatization:
accountability, publicly reported
budgets, or performance outcomes
required of public schools, and do
not adhere to requirements for
transparency of open meetings and
records laws as do public schools.
• Federal and state laws allow families
to exercise school choice options Florida: In May, Governor Ron DeSantis
within the existing public school sys- signed into law the Family Empowerment
tems by allowing access to charter, Scholarship Act, a state-funded school
magnet, and other traditional public voucher program. The scholarship will have
schools, including in the event a stu- the capacity to cover 18,000 students and
dent is zoned to attend a chronically could have as much as $130 million allocat-
underperforming school. ed toward it in the 2019-2020 state budget.
The passage of the Family Empowerment
• Using public funds for private schools Scholarship Act means that state funding in
is an inefficient use of taxpayer money Florida for voucher programs will be close
because it forces states to spread limit- to $1 billion in the upcoming budget.6 While
ed taxpayer resources into two school the state’s tax credit scholarship is funded
systems—one public and one private— through individual and corporate dona-
the latter of which is not accountable tions given in exchange for dollar-for-dollar
to the taxpayers supporting it. tax write-offs, the Family Empowerment
Scholarship will be funded directly by
6
Fineout, G. (2019, May 9). DeSantis Signs Voucher Program into Law; Legal Challenge Could Be Next. Politico PRO. https://subscriber.
politicopro.com/article/2019/05/09/desantis-signs-voucher-program-into-law-legal-challenge-could-be-next-9190178
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info@southerneducation.org SouthernEducation.orgtaxpayer dollars. This difference makes Scholarship, the Gardiner Scholarship, and
the program susceptible to constitutional the Hope Scholarship for tens of thousands
challenges because the public funding for of students to attend private schools. The
private schools will derive from individual Family Empowerment Scholarship program
taxes rather than individual or business fundamentally duplicates existing school
donations that can be written off.7 privatization efforts.
Instead of focusing on improving
Florida’s antiquated and inequitable fund- Tennessee: In
ing formula, in use since 1973,8 the Family late May, first-term
Empowerment Scholarship program will Republican Governor
likely divert $130 million of taxpayer funds Bill Lee signed into
in Florida away from public schools, which law Tennessee’s
are already among the most underfunded Education Savings
in the nation. According to data from the Account program, target-
National Education Association, in the 2016- ed for students from low-income families
2017 school year, Florida ranked 43rd in in Shelby County and Metro Nashville. With
per-pupil expenditure nationwide, spending the potential to cost as much as $125 mil-
on average $9,293 per student. The same lion in taxpayer funds by 2024, the state’s
report shows that little improvement has new ESA law will cover expenses including,
been made, with Florida still ranking in the but not limited to, private school tuition,
nation’s bottom 20% in per-pupil expendi- tutoring services, transportation, and
ture in the 2018-2019 school year.9 post-secondary expenses and fees. Despite
Additionally, since the Florida its intentions to expand access for students
Department of Education explicitly from low-income families, students of color,
relinquishes its regulatory and oversight and students with disabilities, the law will
authority over private schools, usage of have the opposite effect and will likely
the school voucher program makes it perpetuate inequities in Tennessee for two
difficult to guarantee that students will distinct reasons. First, programs that use
be taught by certified teachers or pushed public funds for private schools usually do
to fulfill the appropriate requirements to not cover the full cost of tuition and there-
graduate and progress to a quality post- fore do not actually support all students
secondary institution or career of their equally, despite the law targeting historical-
choice. Finally, Florida already funds the ly underserved students. Tennessee’s new
Florida Tax Credit Scholarship, the McKay ESA program does not allow any individual
7
Postal, L. (2019, May 9). DeSantis Signs Bill Creating Florida’s Fifth School Voucher Program. Orlando Sentinel. Retrieved from
https://www.orlandosentinel.com/news/education/os-ne-desantis-vouchers-bill-signing-20190509-wq434c3kgbdrrpknogv5oii3pi-story.html.
8
Ibid.
9
National Education Association. (2019). Rankings of the States 2018 and Estimates of School Statistics 2019. Retrieved from http://
www.nea.org/assets/docs/2019 Rankings and Estimates Report.pdf.
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info@southerneducation.org SouthernEducation.orgstudent to receive more than $7,300 for an already set aside for families to use
ESA. In many cases, private school tuition is toward private school tuition. Finally,
double the ESA allocated amount, allowing students with disabilities and special
just a portion of eligible students whose needs already have comprehensive
families can afford the remaining tuition protections and guarantees under
to access the ESA. Second, the law strips IDEA, one of which grants them
students with disabilities of their civil rights access to a free private school edu-
protections already guaranteed under IDEA cation and free education services in
by prompting them to waive their already cases where their needs are not met
guaranteed right to a free and appropriate in a local public school.
public education as a condition for partici-
pating in the program. • The Georgia Educational Scholarship
Act is also inequitable because of its
Georgia: Early this year, the Georgia failure to guarantee funding for all
General Assembly introduced the Georgia transportation costs for students who
Educational Scholarship Act, an ESA meant would opt to attend a private school
primarily to serve low-income families and but cannot afford to get there. As a
families with children who have disabilities. result, low-income parents and fam-
The proposal did not reach the governor’s ilies are automatically shut out from
desk but did come close to advancing the opportunity to fully participate in
through Georgia state chambers, despite it the ESA program due to their inability
epitomizing government inefficiencies and to access all available schools, further
fundamental inequities. For example: exacerbating the opportunity gap
already plaguing public education in
• The Georgia Educational Scholarship the state.
Act duplicates existing government
school privatization efforts. Students West Virginia: On June 3rd, the State
with disabilities in Georgia can al- Senate passed a bill that would authorize
ready access private school schol- ESAs to direct taxpayer funds toward help-
arships. The Georgia Special Needs ing families making $150,000 or less fund
Scholarship Program helps students private school education and other ap-
with special needs access schools proved education-related services for their
that best fit their needs. Students children. According to projections, the mea-
with disabilities also have access to sure is expected to cost $945,000 in its first
the Qualified Education Expenses year, decrease in its second year, and in-
Tax Credit program, which is funding crease in its third year.10 ESA legislation was
10
McElhinny, B. (2019, June 3). Education Savings Account Bill Passes W.Va. Senate. WV MetroNews. Retrieved from http://wvmetronews.
com/2019/06/03/education-savings-account-bill-passes-w-va-senate/.
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info@southerneducation.org SouthernEducation.orgrepeatedly voted down in West Virginia’s
House of Delegates and faces opposition
Policy Recommendations
from Governor Jim Justice and Democrats
To mitigate the attack on public school
statewide.
education and provide the necessary
resources for school systems
Trump Administration: The United States
in the South, the Southern
Department of Education’s budget under
Education Foundation
the current Administration proposed a
proposes three critical
$5 billion federal education tax credit
equity recommendations
scholarship similar to programs already
for federal, state, and local
in place in over a dozen states across the
policymakers.
country. Known officially as the Education
Freedom Scholarship and Opportunity Act,
1. Phase out any of the existing private
the program allows individuals to receive
school voucher programs, including
a tax break for contributions of up to 10
school vouchers, education savings
percent of their adjusted gross income
accounts, tax-credit scholarships, or
to any scholarship-granting nonprofit in
any other effort that funds private
the country and also allows businesses
schools with public dollars, and
to contribute up to 5 percent of their
prohibit authorization of any future
net taxable income.11 This program is
school voucher or similar programs
especially harmful in both its intentions
moving forward.
and its manifestation because it will give
the nation’s wealthiest individuals and
2. Implement equitable K-12 state
corporations a significant tax break for
funding formulas that address
essentially funding vouchers for students
historical and present-day
to attend unaccountable and relatively
opportunity and achievement gaps
unregulated schools. It also redistributes
and fiscal inequities that negatively
tax dollars that would, in part, go to public
impact low-income students.
schools and redirects them to private ones.
The program also represents a back-door
3. Update and improve school funding
approach to nationalizing a school voucher
formulas so historically underserved
system that is intended to diminish the
students receive additional
value of public schools and significantly
supports to meet national academic
slash the regulatory and protectionary
achievement norms.
powers of the United States Department of
Education.
11
Green, E. (2019, February 28). Betsy DeVos Backs $5 Billion in Tax Credits for School Choice. The New York Times. Retrieved from https://
www.nytimes.com/2019/02/28/us/politics/devos-tax-credit-school-choice.html.
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info@southerneducation.org SouthernEducation.orgTable of School Voucher Programs in the South*
State/ Name of Latest # of Students Participation Average Total State
Voucher Program Available Participating Rate Voucher Investment
Year of Value
Statistics
Alabama
Accountability Act of 2013 2017 145Table of School Voucher Programs in the South*
State/ Name of Latest # of Students Participation Average Total State
Voucher Program Available Participating Rate Voucher Investment
Year of Value
Statistics
Mississippi
Dyslexia Therapy Scholarship for 2019 252 2% $4,985 $1.3M
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