Archives for category: Education Industry

In at least 20 states, the College Board collects and sells student data, despite state law forbidding it.

New York was one of those states, but activist parents led a years-long campaign to block the practice.

Recently, State Attorney General Letitia James won a judgment against the College Board for $750,000, and it agreed to stop monetizing student data in New York.

What happens in your state? Does your state protect the privacy of student data? Does it enforce the law?

Read Leonie Haimson’s account of how parents in New York pushed back and finally won. She includes a list of other states that protect student privacy.

She writes:

For decades, the College Board has been selling student names, addresses, test scores, and whatever other personal information that students have provided them,  when they sign up for a College Board account and the Student Search program. According to the AG press release, in 2019 alone, the College Board improperly shared the information of more than 237,000 New York students.  Since New York’s student privacy law, Education §2-d, calls for a fine of up to $10 per student, the penalty for selling student data during that one year alone could have equaled more than $2 million.

And yet for years, on their website and elsewhere, the College Board has also  falsely claimed they weren’t selling student data.  Instead they called  it “licensing” data, a distinction without a difference.  For years, they also claimed that they never sold student scores, though that was false as well, as they do sell student scores within a range.

The College Board urges millions of students to sign up for their Student Search program, with all sorts of unfounded and deceptive claims, including that it will help them get into better schools or receive scholarships.  The reality is that their personal data is sold to over 1,000 colleges, programs and other companies – the names of which they refuse to disclose — who use it for marketing purposes and may even resell it to even less reputable businesses.

Is your state one of them? Is the law enforced?

In the Public Interest is an excellent source of information about privatization in every sphere of life, wherever privatizers see a chance to turn a public service into private profit. Its latest post is about the citizens’ fight to overturn a new voucher plan in Nebraska.

Open the link to see the cost of vouchers in Arizona, New Hampshire, North Carolina, and Ohio. Count on costs to go up every year, as legislators expand eligibility and raise income limits.

In early 2023, the Nebraska legislature passed LB753, which created a new private school tax-credit voucher program. The bill allows a dollar-for-dollar tax credit to individuals and corporations that donate to a scholarship granting organization (SGO), which would issue the vouchers to families to pay for private school. Eligibility requirements are broad, allowing, for example, any child entering either kindergarten or 9th grade at a private school, or any student who has spent at least one semester in a public school to apply for a voucher. The bill would divert up to $25 million annually from the state, but that figure could go up to $100 million.

The bill includes a standard “hands off clause,” which prevents the state from exercising any authority over the school and how it operates.  It’s basically a license to discriminate.

Shortly after the bill was passed, public school supporters launched a referendum petition drive to put repeal of the new law on the November 2024 ballot. In fewer than 90 days, the repeal campaign gathered nearly double the number of required signatures from across the state. The effort was led by Support Our Schools Nebraska, a coalition that includes, among others, the Nebraska State Education Association, OpenSky Policy Institute, Parent-Teacher Association of Nebraska, Stand for Schools, League of Women Voters of Nebraska, Omaha NAACP, ARC of Nebraska, Nebraska Farmers Union, and the Nebraska Civic Engagement Table.

In Nebraska, 84% of private schools are religiously affiliated. Many, if not most of these schools are legally permitted to discriminate against applicants based on their gender orientation, religious affiliation, or other characteristics. The Nebraska OpenSky Policy Institute has estimated that state aid distributed to public schools could decrease by almost $12 million in response to the new voucher program.

Forces aligned against the repeal include the usual suspects, like the American Federation for Children, founded by anti-public-education zealot Betsy DeVos, which donated $583,000 along with $103,000 of in-kind services to the pro-voucher effort, on top of money DeVos spent to influence Nebraska state senate races in the last cycle. The Nebraska Catholic Conference, whose coffers stand to gain from LB753, has also thrown its weight and reach behind the anti-public education side. Jeremy Ekeler left his job as associate director of education policy at the Conference in November to become the executive director of Opportunity Scholarships of Nebraska, a state-approved scholarship granting organization helping to implement LB753. They’re not only working to defeat the ballot measure, they’re trying to keep it off the ballot entirely, following a playbook the right has used to subvert a variety of citizen-led, petition-driven initiatives around the country.

As we have pointed out before and as the chart above illustrates, vouchers bleed public school districts of needed funds, allow for discrimination, lower educational standards (by not necessarily having many), and lead to resegregation.

As if that weren’t enough, they turn out to be budget busters for states.

In the Public Interest will keep an eye on this fight because it may be the clearest indication that, while conservative politicians have thrown their support to various schemes that divert public funds from public schools, the public opposes these efforts and will show up at the polls to make their feelings felt.

Several readers told me they were unable to access my conversation with Todd Scholl of the South Carolina Center for Educatot Wellness and Learning.

We talked about attacks on public schools, standardized testing, and privatization.

Todd sent these links:

The video can be found on the CEWL website at www.cewl.us. A direct link to the video can be found at https://youtu.be/Zm0Vi3S3RLM.

I will be in conversation with Todd Scholl of the Center for Educator Wellness & Learning in South Carolina tonight February 15 at 7 pm EST.

We will talk about privatization of public schools and the attacks on public schools.

The conversation will be livestreamed on Facebook.

Tonight February 15 at 7 pm.

For years, parent advocates for student privacy have been pushing the state to stop the College Board from selling student data to colleges. See Reuters story here. The state Attorney General Letitia James and Board of Regents Chair Betty Rosa sued the College Board and won.

FOR IMMEDIATE RELEASE    
February 13, 2024

Attorney General’s Press Office/212-416-8060nyag.pressoffice@ag.ny.gov

Attorney General James and NYSED Commissioner Rosa
Secure $750,000 from College Board for Violating Students’ Privacy

NEW YORK – New York Attorney General Letitia James and New York State Education Department (NYSED) Commissioner Betty A. Rosa announced a $750,000 settlement with College Board for violating students’ privacy and unlawfully selling their personal data. For years, College Board collected students’ personal information when they took the PSAT, SAT, and AP exams in school, and then licensed this data to colleges, scholarship programs, and other customers who used it to solicit students to participate in their programs. In 2019 alone, College Board improperly licensed the information of more than 237,000 New York students who took their exams. In addition, College Board improperly sent promotional materials to students who signed up for College Board accounts in connection with exams or AP courses. As a result of today’s agreement, College Board must pay $750,000 in penalties and will be prohibited from monetizing New York students’ data that it acquires through its contracts with New York schools and school districts.

“Students have more than enough to be stressed about when they take college entrance exams, and shouldn’t have to worry about their personal information being bought and sold,” said Attorney General James. “New York law requires organizations like College Board to protect the data they collect from students when they take their exams in school, not sell it to customers for a profit. I want to thank Commissioner Rosa for her work on this investigation to ensure we hold College Board accountable and protect New York students’ privacy.”  

“When the organizations we trust to provide meaningful services to our students exploit student information for profit, it violates privacy laws as well as the public trust,” said Commissioner Betty A. Rosa. “We will continue to ensure that every student’s information is appropriately utilized and protected. We are grateful to the Attorney General for her collaboration in protecting the interests of the students and families of New York.”

College Board is a New York-based non-profit institution that develops and administers standardized tests, primarily to high school students who take them as part of the college admissions process. It also develops other college readiness programs, such as AP courses, and has a contract with NYSED to subsidize AP exam fees for low-income students. In addition, College Board operates the Student Search Service (Search), in which it licenses data it collects from students — including their names, contact information, ethnicity, GPAs, and test scores — to customers like colleges and scholarship programs to use for recruiting students. 

Beginning in 2010, College Board contracted with New York schools and school districts to allow schools to offer the PSAT and SAT exams during the school day and to pay for the students’ exam fees. In the past five years, approximately 20 New York schools or school districts, including the New York City Department of Education, which operates more than 500 high schools, have entered into such contracts. Schools across New York have also consistently signed agreements with College Board to offer AP courses and exams.

An investigation led by the Office of the Attorney General (OAG) revealed that prior to June 2022, College Board solicited students to provide information, such as their GPA, anticipated course of study, interest in a religiously affiliated college and religious activities, and parents’ level of income, during the administration of PSAT, SAT, and AP exams, as well as when students signed up for a College Board online account. Although providing this data for participation in Search was optional, students were solicited to participate in the urgent context of an important exam and were encouraged to sign up because it would connect them with scholarship and college opportunities. From 2018-2022, College Board licensed New York student data to over 1,000 institutions through Search and received significant revenue from data related to New York students who took PSAT, SAT, or AP exams during the school day.    

The investigation further found that College Board improperly used student data for its own marketing. Until fall 2022, College Board used student data collected in connection with PSAT and SAT exams administered during the school day to send marketing communications. In addition, until 2023, when New York students registered for the AP program, they were solicited to opt in to receiving College Board marketing materials. 

Under New York law, it is illegal to use student data obtained under a contract with a New York educational agency for commercial or marketing purposes. The investigation found College Board improperly used student data obtained in connection with PSAT and SAT exams administered during the school day and the AP program by licensing student data to Search clients and using student data to send its own marketing materials.  

Under the settlement announced today, College Board must pay $750,000 in penalties, disgorgement, and costs to the state. College Board is also prohibited from using New York student data it collects or receives in connection with a contract with a New York educational agency for any marketing or commercial purposes. This includes data obtained from administering PSAT, SAT, or AP exams during the school day. In addition, College Board cannot solicit students to participate in Search or similar programs during these exams.

This matter was handled for OAG by Assistant Attorneys General Laura Mumm, Jina John, and Hanna Baek of the Bureau of Internet and Technology, under the supervision of Bureau Chief Kim Berger and Deputy Bureau Chief Clark Russell, with special assistance from former Special Advisor and Senior Counsel for Economic Justice Zephyr Teachout. The Bureau of Internet and Technology is part of the Division for Economic Justice, which is overseen by Chief Deputy Attorney General Chris D’Angelo and First Deputy Attorney General Jennifer Levy.

This matter was handled for NYSED by Chief Privacy Officer Louise De Candia and Counsel & Deputy Commissioner for Legal Affairs Daniel Morton-Bentley.

By a vote of 4-3, the Los Angeles Unified Schiol District Board adopted a policy barring charter schools from co-locating in public schools with high-needs students. The charter lobby immediately threatened to sue the district. Currently one of every five students in the LAUSD district attends a charter school. For years, billionaires such as Eli Broad, Reed Hastings, Bill Bloomfield, the Walton family, and Michael Bloomberg have poured millions into school board races on behalf of privatization. But for the moment, the anti-privatization supporters of public schools have a slim majority.

The seats of two of the four-person majority—Scott Schmerelson and George McKenna—are up for election next month. Both are veteran educators and pro-public schools. Schmerelson is running for re-election; McKenna is retiring and has endorsed veteran educator Sherlett Hendy Newbill. I endorsed both Scott Schmerelson and Sherlett Hendy Newbill.

The new policy could be ditched by pro-charter replacements or by a legal challenge from the charter lobby.

Howard Blume wrote in the Los Angeles Times:

The struggle between traditional and charter schools intensified Tuesday when a narrow Los Angeles school board majority passed a sweeping policy that will limit when charters can operate on district-owned campuses. 

Access to public school campuses for charter schools is guaranteed under state law — and charter advocates immediately threatened to sue over the new restrictions.

The policy, passed 4 to 3, prohibits the new location of charters at an unspecified number of campuses with special space needs or programs. One early staff estimate put the number close to 350, but there’s uncertainty over how the policy will be interpreted. The school system has about 850 campuses, but advocates are concerned that charters could be pushed out of areas where they currently operate, making it difficult for them to remain viable.

Under the policy, district-operated campuses are exempt from new space-sharing arrangements when a school has a designatedprogram to help Black students or when a school is among the most “fragile” because of low student achievement. Also exempt would be community schools — which incorporate services for the broader health, counseling and other needs of students and their families. 

The district argued these programs need space beyond the normal allotments for classrooms, counselors, health staff and administrators — for example, rooms for tutoring, enrichment or parent centers. Such spaces had frequently been tabulated as unused or underutilized — and then made available to charters…

In the current school year 52 independent charters operate on 50 campuses, according to L.A. Unified. The number is expected to be smaller for next year and down significantly from a peak of more than 100. But even 50 schools would make for one of the larger school systems in California.

In all, there are 221 district-authorized charters and 25 other local charters approved by the county or state, serving about 1 in 5 public school students within the boundaries of L.A. Unified — about 535,000 students total. Most charters operate in their own or leased private buildings.

The L.A. school system has more charters than any other district in the nation. Most were approved under charter-friendly school boards and under state laws — since changed — that made it difficult for school districts to reject charters.

For many years, I was a staunch advocate of standardized testing. But I lost my enthusiasm for standardized testing after spending seven years on the governing board of NAEP (the National Assessment of Educational Progress). NAEP is the federal test administered every two years to measure academic progress in reading and math, as well as testing other subjects. The test takers are randomly selected; not every student answers the questions on any test. There are no stakes attached to NAEP scores for any student, teacher, or school. The scores are reported nationally and by state and for nearly two dozen urban districts. NAEP is useful for gauging trends.

Why did I lose faith in the value of standardized testing?

First, over the course of my term, I saw questions that had more than one right answer. A thoughtful student might easily select the “wrong” answer. I also saw questions where the “right” answer was wrong.

Second, it troubled me that test scores were so highly correlated with socioeconomic status. Invariably, the students from families with the highest income had the highest scores. Those from the poorest families had the lowest scores.

Third, the latter observation spurred me to look at this correlation between family wealth and test scores. I saw it on the results of every standardized test, be it the SAT, the ACT, or international tests. I wondered why we were spending so much money to tell us what we already knew: rich kids have better medical care, fewer absences, better nutrition, more secure and stable housing, and are less likely to be exposed to vermin, violence, and other health hazards.

Fourth, when I read books like Daniel Koretz’s “Measuring Up” and “The Testing Charade” and Todd Farley’s “Making the Grades: My Misadventures in the Standardized Testing Industry,” my faith in the tests dissipated to the vanishing point.

Fifth, when I realized that the results of the tests are not available until the late summer or fall when the student has a new teacher, and that the tests offer no diagnostic information because the questions and answers are top-secret, I concluded that the tests had no value. They were akin to a medical test whose result is available four months after you see the doctor, and whose result is a rating comparing you to others but utterly lacking in diagnostic information about what needs medication.

So, all of this is background to presenting a recent study that you might find useful in assessing the value of standardized tests:

Jamil Maroun and Christopher Tienken have written a paper that will help you understand why standardized tested is fatally flawed. The paper is on the web and its title is:

The Pernicious Predictability of State-Mandated Tests of Academic Achievement in the United States

Here is the abstract:

The purpose of this study was to determine the predictiveness of community and family demographic variables related to the development of student academic background knowledge on the percentage of students who pass a state-mandated, commercially prepared, standardized Algebra 1 test in the state of New Jersey, USA. This explanatory, cross-sectional study utilized quantitative methods through hierarchical regression analysis. The results suggest that family demographic variables found in the United States Census data related to the development of student academic background knowledge predicted 75 percent of schools in which students achieved a passing score on a state standardized high school assessment of Algebra 1. We can conclude that construct-irrelevant variance, influenced in part by student background knowledge, can be used to predict standardized test results. The results call into question the use of standardized tests as tools for policy makers and educational leaders to accurately judge student learning or school quality.

The paper was peer-reviewed. It was published last week.

In a court case in Mississippi, a parent group is seeking to prevent the state from disbursing public funds to private schools. The parents rely on a clause in the state constitution that explicitly bars public funding of private schools.

The story was reported by the Mississippi Free Press. SUPPORT LOCAL JOURNALISM!

Schoolchildren could be heard playing less than a block away from the Mississippi Supreme Court building as attorneys argued over whether federal public funds should be awarded to the state’s private schools on Tuesday.

Rob McDuff, a Mississippi Center for Justice attorney representing the pro-public education nonprofit organization Parents For Public Schools, called a prohibition in the state’s constitution on funding for private schools “an ironclad principle” that “doesn’t have exceptions” during oral arguments.

Mississippi Supreme Court justices Leslie King, Robert Chamberlain and David Ishee also heard arguments from attorneys representing the Mid-South Association of Independent Schools and the Mississippi Attorney General’s Office defending the use of COVID-19 relief funds for private schools..

Parents for Public Schools filed the initial lawsuit in June 2022 after state lawmakers passed bills appropriating $10 million to help MAIS member schools pay for broadband, water and infrastructure projects. One bill Gov. Tate Reeves signed into law created the Independent Schools Infrastructure Grant Program. The other allocated American Rescue Plan funds for the program. The Legislature had set the grant to go into effect on July 1, 2022.

The pro-public education organization’s lawyers argued that awarding the funds to private schools violates Section 208 of the Mississippi Constitution and would give private schools a competitive advantage. That section of the Constitution says that “no religious or other sect or sects shall ever control any part of the school or other educational funds of this state; nor shall any funds be appropriated toward the support of any sectarian school, or to any school that at the time of receiving such appropriation is not conducted as a free school.”

“This is a case about a lot more than 10 million dollars,” Will Bardwell, an attorney from Democracy Forward, who also argued on behalf of Parents for Public Schools, told media after the Feb. 6 hearing. “This is a case about part of the Mississippi Constitution that reserves all of the state’s education funding for public schools. If we’re going to make exceptions to that for a 10 million dollar appropriation, then we can make exceptions about that for a 100 million dollar appropriation or a 500 million dollar appropriation. This is a simple case and it’s about a lot more than 10 million dollars.”

Please open the link to finish the story.

Tanisha Pruitt, Ph.D., wrote the following statement on behalf of Policy Matters Ohio last June. She urged the legislature not to expand vouchers. Her plea was ignored. The legislature decided to raise the cap on vouchers to 450% of the federal poverty level. Given research that shows the failure of vouchers in Ohio and elsewhere, the only conclusion that can be drawn is that the Republican dominated legislature doesn’t care about the state’s children or their future.

Regardless of race, neighborhood, or how much money is in their parents’ bank account, every child should be able to attend an excellent school that has everything they need to learn and grow. Every dollar spent on vouchers makes this vision less achievable. Vouchers take public money and give it to private schools, with real consequences for the 90% of our kids who attend Ohio’s public schools.

With their recent budget proposal, Senate leadership has shown they are willing, even eager, to sacrifice Ohio’s kids to ram through a universal voucher scheme they’ve been planning for years. The Senate plan would make EdChoice vouchers — worth $8,407 a year for students in grades 9-12, and $6,165 a year for those in grades K-8 — available to households with incomes up to 450% of the federal poverty rate. (For a family of four, that’s about $135,000 a year.) And they wouldn’t stop there: Senate leadership would also allow households making more than that to get 10% of the value of EdChoice vouchers, subsidizing a discount on private school tuition for the children of the wealthiest Ohioans.

<<< And that’s just one of the ways the Senate proposal will disproportionately benefit the rich while hurting the rest of us.>>>

Kids bring their whole selves to the classroom. To succeed they need well-funded schools — and they need good food, health care, and quality child care to build a solid foundation. Senate leadership would make it very easy to qualify for vouchers, while Ohio already makes it very difficult to qualify for other, more fundamental public programs. Legislators impose tight caps on family income to participate in SNAP, Medicaid, publicly funded child care and free school meals. Compare those income limits to the proposal for limitless access to private school vouchers and you get a good sense of where the Senate majority’s priorities and loyalties lie.

Public schools in Ohio are responsible for educating 1.6 million students. The Senate proposal cuts their funding by $245.6 million in FY 2024 and by $295.8 million in FY 2025. At the same time, Senate leadership would increase funding for vouchers by $182 million in FY 2024 and $191 million in FY 2025 — pushing the total annual cost to more than a billion dollars by the end of this budget cycle. That’s $1 billion of Ohio taxpayers’ money being funneled to unaccountable private schools, many of which are operated by churches and other religious entities.

The budgetary choices that we see in the Senate proposal begs the question of where our legislators’ priorities lie when it comes to funding our education system. How we fund our schools now will impact education — and our workforce and economy — for years to come. Ohio is currently ranked near the bottom at 46th in the nation when it comes to equitable distribution of funding in schools. By proposing massive new spending on vouchers, Ohio legislators would only make things worse.

In the last budget, we won the Fair School Funding Plan, with the promise to fully and fairly fund schools so every child in Ohio gets what they need to set them on the path to a good life. Now we need legislators to live up to that promise and finish the job. State leaders have a constitutional duty to protect public schools. Ensuring a “thorough and efficient system of common schools” — as Ohio’s constitution requires — means correcting disparities created by bad policies of the past, which still harm kids today. We do that by prioritizing public schools, cutting spending on vouchers, and paying teachers what they’re worth, so every student in every district in every school can thrive.

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
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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.