Search results for: "vouchers unconstitutional"

Readers of this blog got the scoop a few days ago in the comment section, as reported by Christine Langhoff. But she did not have the English translation.

Here it is in Politico:

NO GO FOR PRIVATELY RUN CHARTERS, VOUCHERS IN PUERTO RICO: Key elements of the Puerto Rican government’s push to reform education through school choice suffered a blow in court over the weekend — one that leaders say they plan to appeal.

— Tribunal de Primera Instancia Judge Iris Cancio González ruled that privately run charter schools and publicly funded vouchers used in private schools run afoul of the Puerto Rican constitution, which says public funds should only sustain government-run schools. Cancio González wrote that even when regulated, charter schools more closely resemble “a private education system funded by the government, than the public schools we know today.”

— “Their framework creates a financing system that supports private institutions, which the government simply licenses with limited supervision,” Cancio González wrote. She added that the private donations charter schools are allowed to receive could influence their objectives and practice, and agreed with teachers union arguments that charter schools could “dilute” the funding that goes to traditional public schools.

— The ruling makes an exception for charter schools run by local governments and public universities.

— The challenge was brought by Puerto Rico’s largest teachers union in a lawsuit filed in April. The union has for months fought the reform plan pushed by Puerto Rican Gov. Ricardo Rosselló, arguing that charter schools and vouchers are a threat to the island’s public schools. “We’ve always said, both charters and vouchers are unconstitutional,” Aida Díaz, president of the Asociación de Maestros de Puerto Rico, said in a statement . “Justice has been served for our children and their right to a public education. We continue to fight for them and for our teachers.”

— Ramón Rosario Cortés, Puerto Rico’s secretary of public affairs and public policy, said in a statement that “great changes usually attract resistance” and that the government plans to appeal the ruling.

A North Carolina judge ruled voucher legislation unconstitutional because it gives money intended for public schools to private and religious schools. He ordered an immediate halt to the program.

Yvonne Brannan of PublicSchools First NC sent the following response, which included a video of Judge Robert Hobgood reading his decision:

“PLEASE watch this– you will better understand why this is so critical!! Hobgood is brilliant — he clearly points out how children will be denied the promise and privilege of public education if in a private setting where they have no constitutional rights!!!! EVERYONE must get this!! Rs and Ds…please understand the common good of public education for us all must be protected!!!! THIS IS A WIN FOR all children – regardless of race, income, gender, ZIP CODE!!!

“Our forefathers gave us this gift!!! THANKS TO the Great leaders of the past and thanks to fair courts!!

PLEASE CELEBRATE by joining me on Sat at 3:30 pm at the Bicentennial Mall for Moral Week of Action EDUCATION DAY!!

“I CANNOT STOP WATCHING THIS!
http://www.wral.com/news/state/nccapitol/video/13911824/”

The Louisiana State Supreme Court ruled that it was unconstitutional to fund vouchers using money dedicated to public schools. The court split 6-1. The decision removes funding not only for vouchers but for “course choice,” which was supposed to fund courses offered by entrepreneurs–many of them online– outside the public schools.

Stephen Dyer is a very insightful and reliable analyst of school issues in Ohio. He used to be a legislator. He reads bills and budgets. He keeps everyone informed about the intellectual fraud that perpetuates the diversion of public funds to failing charters and voucher schools. In this post, he dissects a recent paper by the Fordham Institute, which is an outspoken advocate of school privatization. Fordham, writes Dyer, said the quiet part out loud. A few years ago, Fordham funded a study by David Figlio on vouchers in Ohio that showed their negative effects, but they try to ignore their own study.

Dyer writes:

There’s been some news coverage today of Fordham’s latest foray into fantasy — a study they claim proves EdChoice vouchers are perfectly fine and dandy for kids and taxpayers.

However, tucked away in one of their “findings” is a kind of startling admission — that EdChoice forces local school districts to rely more on property taxes to pay for educating the students in public schools.

“Combined with the decrease in enrollments, this dynamic led to a 10-15 percent increase in local revenue per pupil.”

I’m sure the study’s author(s) had no idea what they had just done. But those of us who have been saying the same thing for years sure did. This is an admission that EdChoice means that students not taking EdChoice vouchers have to rely more on local, voter approved property taxes to pay for their educations — the exact thing that the Ohio Supreme Court ruled four different times made Ohio’s school funding system unconstitutional.

“The overreliance on local property taxes is the fatal flaw that until rectified will stand in the way of constitutional compliance,” ruled Justice Alice Robie Resnick in the 4th and final DeRolph decision in 2002.

So it was nice of Fordham to admit this. However, the report went on to spend a lot of time trying to minimize the potentially existential lawsuit Ohio’s voucher program faces, as well as mocking me and others as “Chicken Littles” (because those with a winning argument always use ad hominem attacks to strengthen their position).

The study blows minimal to zero impacts on student success into enormous justification for increasing taxpayer subsidies for private school tuitions. As Michigan State’s Josh Cowen put it: “First and most important: the study presents a ton of zero impacts and tiny effects. Mostly this is a #schoolvouchers report about statistical noise, packaged as a win.”

Exactly.

Take the information on segregation. The study compares the racial makeup of voucher students with the statewide racial makeup of Ohio students. The study’s author, Stephane Lavertu of Ohio State University (who taxpayers paid $132,968 in 2019 to educate students) was very careful to only compare the racial makeup of EdChoice recipients with public school students “statewide”.

Because he knows that EdChoice voucher students don’t come from every district. They come from majority-minority districts.

There are 95 districts that lose 10 students or more to EdChoice. In 76 of those districts, accounting for 87% of all vouchers given through the program, a higher percentage of white students take vouchers than there are in that district.

The average difference between white students taking vouchers and white students in those 76 districts was 76.2%. That means that in the districts where 87% of voucher students come from, voucher recipients are 76.2% more likely to be white than their public school counterparts.

My friends, that’s White Flight. Like, obvious White Flight.

Dear reader, do these data suggest — as Huffman wants you to think — that these segregation issues are “isolated examples”?

If 87% of voucher recipients are more likely to be white than the districts they come from, is that really “isolated”? Or is it “systemic”?

I mean in Huffman’s own district of Lima, Temple Christian takes 100% white voucher students. From a district that’s 35% white….

The vouchers worsen segregation. The students in voucher schools do worse on state tests than the public schools they left. What is more, “voucher students do worse on state tests the longer they take the voucher.”

A lose-lose, for students, for public schools, and for the state.

Nonetheless, despite failure, the state Teoublican legislature wants more vouchers and more failure!

Please open the link and keep reading this important post.

Great news!

The Montana Supreme Court declared a law unconstitutional that was intended to offer tuition tax credits (aka vouchers) for private schools.

See here and here

“The justices ruled 5-2 that the program giving tax credits of up to $150 for donations to organizations that give scholarships to private-school students amounts to indirect aid to schools controlled by churches. There is a ban in the Montana Constitution on any direct or indirect state aid to such schools, regardless of how large or small the amount is, the opinion by Justice Laurie McKinnon said.

“The Legislature’s enactment of the Tax Credit Program is facially unconstitutional and violates Montana’s constitutional guarantees to all Montanans that their government will not use state funds to aid religious schools,” McKinnon wrote.”

Read more here: https://www.thestate.com/news/business/national-business/article223011635.html#storylink=cpy

Also, in another Montana newspaper:

“Montana’s high court on Wednesday struck down the state’s tax credit for school scholarships because it primarily benefited religious schools, running afoul of Montana’s Constitution.

“The state program allowed donors who contributed to scholarship funds for students to reduce their state taxes by $1 for every $1 they gave to the fund.

“The Montana Department of Revenue had excluded religious programs from participating in the tax credit program because it allowed religious schools to benefit from public dollars.

“But parents of students at a religious private school in Flathead County had challenged the department’s decision, arguing the ban was discriminatory.

“In Wednesday’s opinion, Justice Laurie McKinnon said the program, enacted by the 2015 Legislature, was a violation of the Montana Constitution’s ban on aid to religious schools.

“The court’s majority said it doesn’t matter that the money benefiting religious schools does not come directly from state coffers because the constitutional article at hand prohibits indirect payments, in this case dollar-for-dollar tax breaks.

“Here, the taxpayer ‘donates’ nothing, because for every dollar the taxpayer diverts to the (school), the taxpayer receives one dollar in consideration from the State in the form of a lower tax bill,” the opinion states.”

Ninety percent of the private schools that signed up for the program were religious.

The radical right and their allies claim they are strict constructionists of the Constitution. They don’t feel the same way about State Constitutions. Even when the State Constitution explicitly says that public money is to be used only for public schools, the far-right celebrates when the Legislature passes a voucher program that violates the State Constitution.

This is the case in Nevada, where the Constitution is very clear about where public money should go: to public schools only. Yet Nevada passed the most sweeping voucher legislation in the nation, and the allegedly strict constructionists have thrown their principles to the wind. The fact is that they care more about free markets than about the State Constitution.

Here is the complaint that was filed on behalf of the plaintiffs challenging Nevada’s sweeping voucher law.

“EducateNevadaNow” is the organization that is leading the charge against vouchers. Here is its question-and-answer sheet about the lawsuit:


On September 9, 2015, a group of parents whose children attend Nevada public schools filed a lawsuit challenging the State’s new voucher law. The lawsuit, Lopez v. Schwartz, has generated media attention and interest from parents, educators and taxpayers.

Today’s frequently asked questions focus on what the parents hope to achieve and next steps in the process.

Q: Are the parents suing for money damages?

A: No. The parents are only suing to stop the voucher program and keep it from taking away funding from the education of their children in the public schools. They are not asking for any money. Additionally, the attorneys representing the parents are providing their legal services for free or “pro bono.”

FACT: The Nevada Constitution states that the funding provided for public schools can only be used to operate those schools and not for any other purposes.

Q: What are the next steps in the parents’ lawsuit?

A: The case has been filed before Judge James Wilson in Carson City, Nevada. The parents will be asking Judge Wilson to declare the voucher law unconstitutional and to block the State Treasurer from implementing the voucher law.

A few days ago, the Colorado Supreme Court ruled that the voucher plan adopted by the school board in Douglas County was unconstitutional. It was a split decision. It is puzzling that it was a split decision, because the Colorado state constitution explicitly prohibits any public funding of religious institutions.
Text of Section 7:
Aid to Private Schools, Churches, Sectarian Purpose, Forbidden.

 

Neither the general assembly, nor any county, city, town, township, school district or other public corporation, shall ever make any appropriation, or pay from any public fund or moneys whatever, anything in aid of any church or sectarian society, or for any sectarian purpose, or to help support or sustain any school, academy, seminary, college, university or other literary or scientific institution, controlled by any church or sectarian denomination whatsoever; nor shall any grant or donation of land, money or other personal property, ever be made by the state, or any such public corporation to any church, or for any sectarian purpose.

 

s Hess at the American Enterprise Institute writes in the National Review that the U.S. Supreme Court might well decide to throw out this part of the state constitution because it was written in the late 1870s as a Protestant ban on funding Catholic schools. Such amendments, found in 2/3 of the states’ constitutions, are known as Blaine amendments for James G. Blaine of New York, who led the movement to keep public money out of religious schools.

Representative Rick Glazier explains the court decision today that invalidated the General Assembly’s voucher plan. The State Constitution clearly says that public funds are for public schools.

 

Representative Glazier writes:

 

The lawyers who put together this case for the plaintiffs, including Burton Craige and his firm, lawyers for the NC Justice Center, Eddie Speas, and former Supreme Court Justice Bob Orr, among others, did a great job in preparing, briefing and arguing the case before the Superior Court. They made clear what many of us, including a number of House Democrats, had argued on the House floor last year against this bill and provision–that it patently violates the NC Constitution. Public funds for vouchers is, on its face, inconsistent with our constitutional mandate that public money may only be spent on a uniform system of PUBLIC schools. Not only is this [voucher program] public money to fund private schools, but even at that— a nonuniform system of them since the voucher provisions contain no accountability for the funds or schools, no non-discrimination protections, no teacher licensing requirements, no curriculum mandates, no supervision of the use of the funds, no EC requirements and the list goes on. And, no shell game movement of funds by the legislative majority or Governor makes it any less illegal under NC law. Shy of a constitutional amendment approving vouchers, which would never pass in this state, our state constitution forecloses private vouchers funded by public money and the Judge simply recognized what our legislature refuses to understand–no matter your ideology, and policy beliefs, there are some actions the Constitution forbids and using public money to fund private school choices is one of them. Maybe now we can really get back to our job as state legislators and look to truly assist public schools, public school educators, and the students of this state. Vouchers are not reform; they are an abdication of public education. If we want to assist pubic schools, lets start by professionally compensating teachers and educators, repealing the elimination of masters pay, adding time and resources for top notch and targeted professional development, recognizing the role of poverty in educational disadvantages that need time, attention and resources to overcome, restoring a career status system for teachers that rewards good teaching over time. expanding the richness of curriculum in all public schools, ensuring the involvement of the business community in the commitment to and improvement of public schools, and by our words reminding the public daily of the overriding importance of outstanding public schools and public school educators to our state’s economic success. It has been a good day, for a change, in North Carolina! Rick Glazier

Seventeen high school students in Georgia marked the 70th anniversary of the Brown decision by writing an article calling on the state’s political leaders to fully fund public schools, instead of funding vouchers. They are members of the Georgia Youth Justice Coalition.

They wrote in the Atlanta Journal-Constitution:

As young Georgians, we share the belief that all children should have the freedom to pursue their dreams and that our futures depend on receiving a great education. To get there, we must equip every public school with the resources to deliver a quality education for every child, no matter their color, their ZIP code or how much money their parents make.

Unfortunately, we find ourselves in yet another moment of massive resistance to public education with increasingly aggressive efforts on behalf of the state of Georgia to privatize our public schools and return us to a two-tiered system marked by racial segregation. As public school students in high schools across Georgia, we believe that the 70th anniversary of Brown v. Board of Education is not just a cause for celebration but an invitation to recommit ourselves to the promise of a public education system that affirms an essential truth: Schools separated by race will never be equal.

Even as our country celebrates the anniversary of Brown this month, we know that our state actively worked to obstruct desegregation, which did not meaningfully take place for another 15 years. Seven years after the Supreme Court’s ruling that separating children in public schools on the basis of race was unconstitutional, the Georgia General Assembly revoked its school segregation law in 1961. Another 10 years later, a court-ordered desegregation plan finally took effect — in 1971.

In 2024, educators across Georgia, from Albany to Atlanta, from Valdosta to Vinings, from Dalton to Dublin, and everywhere in between, are working hard to provide students like us with a quality education, empowering us to build a brighter future in Georgia for all. Yet politicians in the Georgia Capitol seem dedicated to resegregating and privatizing our public schools by taking tax dollars meant to support all of the students in our communities and giving it to unaccountable voucher programs that favor the wealthiest few.

The long and shameful history of vouchers is something that politicians who forced them to become law this year don’t want us to know. In many cities, public education funding was funneled to private “segregation academies” where white children received better resources than children of color. Instead of making our public schools stronger and moving us all forward together, these politicians are defunding our public schools by more than $100 million and working to drag us backward to the days when Georgia was still resisting court-ordered desegregation.

We want our leaders to get serious about what works: fully funding our public schools so that we can improve our neighborhood schools. That’s where 1.7 million public school students in Georgia learn and grow, and where we all can have a say. Research all across the country shows that voucher programs will not improve student outcomes in Georgia, but we know what will best serve students.

Young Georgians like us need investments in our public schools so we have the opportunity to learn and thrive. Gov. Brian P. Kemp has $16 billion of unspent public funds — enough to cover the costs of funding our schools and investing in our communities. Georgia has one of the highest overall rates of child poverty in the nation. Yet our state is one of only six states that provides schools with no specific funding to support children living in poverty. By refusing to give our schools what they need, we are setting our schools and our students up for failure.

Politicians brag about Georgia’s teachers being among the highest paid in the South even though they know they have created a crisis around public education that puts our teachers, our parents and students like us in an impossible position. Right now, nearly every school district in Georgia operates with a waiver to avoid adhering to classroom size restrictions because they cannot afford to hire enough teachers. And though the American School Counseling Association recommends a counselor-to-student ratio of 1:250, Georgia mandates a counselor-to-student ratio of 1:450 students. Many schools cannot even meet that ratio because of a lack of funding. All of that is by design because politicians have refused to update Georgia’s school funding formula for nearly 40 years.

This year, as we celebrate 70 years since Brown v. Board of Education, we invite every Georgian to join us in our call for fully funded neighborhood public schools so that every Georgia student has an inviting classroom, a well-rounded curriculum, small class sizes and the freedom to learn.

The writers are members of the Georgia Youth Justice Coalition. Nia G. Batra is a sophomore at Decatur High School. Hunter Buchheit is a senior at Walton High School. Ava Bussey is a senior at Marietta High School. Keara Field is a senior at McDonough High School. Saif Hasan is a junior at Lambert High School. Jessica Huang is a senior at Peachtree Ridge High School. Shivi Mehta is a junior at the Alliance Academy for Innovation. Bryan Nguyen is a senior at the Gwinnett School of Mathematics, Science, and Technology. Rhea Sethi is a senior at North Gwinnett High School. Maariya Sheikh is a senior at Campbell High School. Harrison Tran is a junior at Jenkins High School. Sharmada Venkataramani is a sophomore at South Forsyth High School. Thomas Botero Mendieta is a junior at Archer High School. Kennedy Young is a senior at Campbell High School.

This report was written by Tanisha Pruitt, Ph.D., for Policy Matters Ohio in April 2023. It provides a comprehensive review of the funding of K-12 education in the state. The state has 1.6 million students. The state Constitution says (Article 6, section 2):

The General Assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state.

The legislature and governor of Ohio apparently believe that the state Constitution does not mean what it says. The Republican leadership has steadily increased the funding of charter schools (which are not “common schools,” but are privately managed schools, some for-profit) and vouchers, which go primarily up religious schools.

The report was written before the legislature lifted income caps on vouchers, agreeing to subsidize the tuition of all students regardless of family income.

Please open the link to see the graphs.

The Policy Matters Ohio report begins:

School is a place where childhood happens. Ohio’s public educators teach children of all races and backgrounds basic skills, but also challenge and inspire them to follow their dreams. For many students, school is a safe place to learn, develop and grow.

Ohio currently educates 1.6 million children attending school in our cities, suburbs and small towns. For years, almost no one was happy about how the state of Ohio funded public schools. The system pitted communities against each other and private and charter schools against public schools. We were living in the K-12 version of the “Hunger Games”: The wealthier your district, the stronger your chances of success.

Most state lawmakers signed off on a system that relied too heavily on local property taxes,[1] so communities where many residents have low incomes struggled to pay for the basics like updated resources and teaching materials. The state capped the funding it sent to some districts, often leaving those districts feeling cheated. In others, state funding failed to keep up with changing costs and student needs. Since 2005, lawmakers have been systematically sending more resources to the wealthiest Ohioans by cutting the state income tax, which accounts for nearly one-third of the state’s spending on schools. Meanwhile, lawmakers have diverted almost $1 billion a year from local levies to private and charter schools.[2]

These policy choices have taken a toll on Ohio’s educational outcomes. Education Week ranks Ohio 46th in the nation for equitable distribution of funding.[3] The performance metrics included: (1) state spending by examining per-pupil expenditures adjusted for regional cost differences, the percent of students in districts with per-pupil spending at or above the national average, spending index, and percent of total taxable resources spent on education and (2) Equity, by examining the degree to which education funding is equitably distributed across the districts within the state.[4]

The pandemic has contributed to a decline in test scores, which could have an impact on our overall ranking, if we do not get students caught up.[5] Over nearly two decades, we can draw a straight line between the racial and economic achievement gaps and the lack of funding to provide Black, brown, economically disadvantaged students[6] and students with disabilities what they need to succeed in school.

Ohio’s schools are becoming more racially and ethnically diverse; the Hispanic[7]population (a close proxy for Latinx) alone has more than doubled over the last 10 years.[8] Student poverty is also on the rise with 51% of students considered economically disadvantaged and the homeless student population doubling over the last decade.[9]

COVID-19 created unstable and even chaotic learning environments across Ohio. The elevated stress and social isolation caused by the move to virtual learning[10]exacerbated students’ need for mental health services.[11] The pandemic continues to take a toll on educators as well. COVID and other outbreaks are making educators sick. Moreover, increased stress and low pay cause many educators to leave the profession. Districts across the state have grappled with unprecedented staff shortages. For example, Columbus City Schools (CCS) had 800 employees absent every day during the height of the pandemic.[12] Hamilton City School officials were forced to cancel classes when 170 staff members were out due to illness.[13]

COVID has especially hammered school districts in communities that can’t raise enough money through local property taxes — especially in big cities, where Black, brown and economically disadvantaged students are more likely to live.[14] Schools in these communities often have fewer resources for COVID mitigation efforts like improving ventilation.[15]

Long before COVID, many policymakers neglected public schools, siphoning away their funding for tax giveaways[16] to corporations and undercutting them with schemes that send public money to charters and private schools. Combined with the effects of COVID, Ohio’s legacy of inadequate and inequitable funding has weakened the role school plays as a foundational public service for families and communities. For our state to be a vibrant place where people want to live, we need fully and fairly funded schools in all districts, no matter what students look like, or how much money their families have.

This report describes how the state funds public K-12 education and some key investments proposed in the 2024-25 Executive Budget, the legacy of unconstitutional funding, the role private school vouchers play in harming public schools, and how the Fair School Funding Plan — when fully funded and fully implemented, including weights and cost corrections — can provide districts with more resources to prepare Ohio’s children to succeed.

A brief history of Ohio school funding

The framers of Ohio’s constitution obligated the state to provide a “thorough and efficient system of common schools” for all students.[17] In 1991, the Ohio Coalition for Equity & Adequacy of School Funding, representing more than 500 school districts in Ohio, filed suit in the Perry County courts against the State of Ohio for failing to uphold this constitutional requirement.[18] In DeRolph vs. The State of Ohio — named for Perry County school district student Nathan DeRolph — plaintiffs argued the state was failing to live up to its obligation due to over-reliance on local property taxes for school funding: In wealthy communities, high property values generated revenues needed to provide students with more resources for cutting-edge technology, advanced classes, and extracurricular activities; the opposite was true in poor communities. This left schools in cities, rural areas and many low-income communities severely under-resourced, significantly harming outcomes for their students.

The litigation dragged on until 1994 when Perry County Court Judge Linton Lewis, Jr. ruled that “public education is a fundamental right in the state of Ohio” and that the state legislature must provide a better and more equitable means of financing education.

The DeRolph case was the start of a foundational shift in the school funding system in Ohio, but the fight for constitutional and equitable funding continued for decades following the ruling. By failing to keep up with inflation and by diverting public funds to charter schools[19] and vouchers (i.e., scholarships to private schools), lawmakers in fact cut state aid to traditional public schools over time.[20] As a result, public schools have increasingly relied even more on local resources, which exacerbates the problem of unequal funding and quality across districts,[21] a problem that persists today….

Public dollars, private benefits

Two smaller education systems run alongside Ohio’s traditional public schools: charters and private schools. When legislators redirect funding from traditional public schools to pay for charters and vouchers (which pass public dollars through parents and into private schools), the vast majority of Ohio students who attend traditional public schools have to make do with less.

In Ohio charter schools have been branded “community schools” and are considered “public” because they cannot charge tuition and they are supposed to accept all students. However, charter schools do not necessarily serve the public good. Charter school sponsors may contract with for-profit companies to operate the schools. In 2020, Ohio had 313 charter schools serving 102,645 students and 178 (57%) of them were operated by for-profit entities.[48]These “operators” have been the source of much scandal in Ohio. Simply put: The charter system in Ohio has lots of loopholes for private, profit-seeking companies to siphon off public dollars.

In FY 2022 the state sent $1.45 billion to charter schools — up from nearly $620 million in 2007.[49] During that time, Ohio’s legislators earned our state a reputation as “the wild west of charter schools” by failing to hold charters and their operators accountable.[50] Problems with Ohio’s charter school system came to a head with the ECOT scandal: A for-profit online charter school, the Electronic Classroom of Tomorrow squandered millions in public money by inflating enrollment numbers.[51] Other charter scandals have prompted rounds of legislative reform to reduce self-dealing, prevent the state from paying for students who were not actually attending school, and stop attempts at double-dipping by selling state-purchased materials back to the state for even more public dollars.[52]

The Ohio Charter School Accountability Project, a joint effort of the Ohio Education Association (OEA) and Innovation Ohio, using data primarily from the Ohio Department of Education (ODE), created a tool to help Ohioans know the state of publicly funded charters and private schools that accept public vouchers, and how they compare to traditional school districts. Analysis includes state report card rankings, classroom expenditures, and state aid deductions to charter schools. This system is intended to provide transparency so that parents, teachers, students and advocates can hold charter schools accountable.[53]

Based on the recent Annual Community Schools report conducted by the Ohio Department of Education (ODE),[54]community schools in Ohio are receiving more funding through the Quality Community School Support Grant (QCSS). Eligibility requirements for these grants are based on performance standards and overall academic achievement. In the current budget lawmakers increased funding to QCSS to $54 million for FY 2022, a $24 million increase from 2021. This increase includes a per-pupil increase of $1,750 for economically disadvantaged students and a $1,000 per-pupil increase for all other students.[55]

Vouchers eat up state funding for K-12 schools

As problematic as under-regulated charter schools can be, the proliferation of private school vouchers has had the most serious consequences for public schools and the vast majority of Ohio students who attend them. Since the Cleveland Voucher Program for low-income students in Cleveland City Schools launched in 1996, policymakers have expanded voucher programs across the state. Ohio currently has four main school voucher programs: the Educational Choice (EdChoice) Scholarship Program, the Cleveland Scholarship and Tutoring Program (CSTP), the Autism Scholarship Program, and the Jon Peterson Special Needs (JPSN) Scholarship Program. The EdChoice program is split into two types: the Traditional EdChoice Scholarship, also known as performance-based EdChoice, and the EdChoice Expansion Scholarship, also known as income-based EdChoice.

Policymakers introduced the Traditional EdChoice scholarship program in 2005 and continue to expand it. The EdChoice Expansion program was introduced in 2014 and has also expanded in scope. The performance-based EdChoice program is available to students in underperforming school districts, while the income-based EdChoice program is available to low-income students. The Cleveland Scholarship is for all K-12 students in the Cleveland Metropolitan School District. The other two scholarships, Autism and JPSN, are for autistic students and students with any disability, respectively.

What started as a program to provide alternative education options for students in what the state perceived to be underachieving schools has now expanded to include students from public schools with high achievement grades. According to a brief by the Northwest Local School District, 47.7% of the buildings on the current list of Ohio schools eligible for vouchers have overall grades of “A,” “B,” or “C” under the state’s report card system. The number of eligible schools has also grown rapidly. During the 2018-19 school year Ohio had fewer than 300 school buildings that were considered eligible; by 2020-21, 1,200 school buildings were eligible: a 300% increase in just two years.[56] Similarly, income-based vouchers are now being proposed for families earning up to 400% of the federal poverty level. This expansion would be a costly and needless expansion, subsidizing private education for families that need no help. A family of four could earn up to $120,000 and be considered income eligible. This expansion will make vouchers nearly universal, by providing an additional handout to upper-middle-class families at the expense of public schools.

Vouchers in the state budget

After years of tax cuts for the wealthy and corporations that have drained resources from public schools, and as COVID has created new pressures, the state further undercuts public schools by pumping hundreds of millions of public dollars into private schools.[57]

The 2022-23 biennial budget expanded funding of private schools, especially through EdChoice and other voucher programs. Traditional, performance-based EdChoice received $212.5 million, and the income-based EdChoice Expansion program received close to $103 million, a combined 61.4% of voucher payments statewide in FY 2022. The Autism and JPSN scholarships received $116.5 million and $76.6 million, respectively, making up 17% and 12.4% of distributed scholarship funds. The Cleveland Scholarship program received $46 million and only makes up 9.1% of distributed scholarship funds.[58]

Legislators have increased voucher payments from state funds since 2014, as illustrated in Figure 6.[59]

Figure 6
https://datawrapper.dwcdn.net/7sKMh/2/

The FSFP funds vouchers directly instead of allowing them siphon away districts’ state funding. Lawmakers increased total voucher allocations from $395.4 million in FY 2020 to $635.1 million in FY 2022.[60]They also increased direct state aid to private schools, though not as dramatically. Policymakers increased funding for “auxiliary services” to private schools from $149.9 million in FY 2021 to $154.1 in FY 2022 and just under $156 million in FY 2023. Meanwhile, “nonpublic administrative cost reimbursement” aid — which reimburses charter schools for the cost of mandated administrative and clerical activities such as preparation, filing and records keeping[61] — increased from $68.9 in FY 2021 to $70.8 in FY 2022 and $71.6 in FY 2023.[62]

Lawmakers have increased spending on vouchers by increasing the amount families can receive. For income-based EdChoice Expansion vouchers for FY 2022-23 the state now awards qualifying K-8 students $5,500 per year and high school students $7,500 per year for tuition at non-public schools, up from previous award amounts in FY 2020-21 which provided $4,650 for K-8 students and $6,000 for students grades 9-12.[63]….

Voucher expansion threatens our public schools

Because of the General Assembly’s continued expansion of voucher programs, more Ohio families are enrolling in them — up from 52,000 in 2019 to 69,991 in 2021. Even accounting for this growth, most voucher students were already attending private school before receiving vouchers.[64] Further, the number of vouchers is a fraction of the number of students served in public schools. When students use state-funded vouchers to attend private schools, even if they were never enrolled in traditional school districts, it means less money in the state budget that could otherwise be spent creating great public schools, which must serve all students.

The Ohio Coalition for Equity and Adequacy of School Funding, a coalition of over 100 school district and 20 education and community groups, took the state of Ohio to court, claiming that EdChoice Expansion violates the constitutional requirement that the state provide a “thorough and efficient system of common schools.” Coalition advocates believe that state lawmakers’ growing investment in vouchers could lead to a school funding system that privileges private education even more in years to come.[65]

Many proponents of voucher expansion have painted it as the state simply supporting parents’ right to choose where their child will be educated, but choice is not the problem, priorities are. The state has not fulfilled its constitutionally mandated responsibility to fairly fund public schools. Key components of the FSFP are still outstanding. Allocating close to $1 billion in public funds for students to take vouchers to private schools is a huge disservice to the 90% of students who attend our public schools.

Ultimately, the way the executive budget proposes to distribute foundation aid over FY 2024-25 will further erode the share going to traditional public schools by allocating a greater share to charters. The proposed budget would send 77.9% of foundation funds to traditional schools, compared to 79.1% in the last budget. Charters would take 10.8%, up from 9.9%. Voucher programs stay at 7.1%, and joint vocational school districts increase to 4.2% from 3.8%.

Recommendations & conclusion

Ohio has underfunded public schools and other essential public services for years.[66] Ohio lawmakers have cut state income taxes since 2005, reducing our ability to provide an equitable education system for all our students, and giving huge windfalls to the wealthiest Ohioans and little or no benefit to people with middle or low incomes.

Policymakers have a constitutional duty to protect public schools. Ensuring a thorough and efficient system of common schools means correcting disparities generated from over-reliance on property taxes by fully implementing the FSFP, with accurate estimates of how much it really costs to educate our kids.

Lawmakers in Ohio need to invest in developing an educator workforce of qualified teachers who are paid fairly for their essential work and strongly supported while doing it. Other pressing issues include a bussing crisis,[67] fewer 5-year-olds prepared for kindergarten,[68]lowered reading and math proficiency scores,[69] chronic absenteeism,[70] and a persistent digital divide.[71]

The state has sufficient revenue to meet these challenges, so long as legislators make public schools and kids a priority. Ohio has the money to fully commit to the FSFP in this budget. Instead of phasing in funding piece by piece, year after year, lawmakers should fully fund it right now. Ohioans must come together to demand lawmakers live up to the promise of the FSFP in the next biennium and beyond.