Governor Sarah Huckabee Sanders and the Arkansas, which has a Republican supermajority, passed a voucher plan that allows the state’s voucher schools to evade the accountability required of public schools.

Outraged citizens have been gathering signatures for a referendum that would subject voucher schools to the same accountability as public schools. Today is the deadline to submit signatures. We will know soon if the rebellion against voucher schools’ freedom from accountability succeeded.

The Arkansas Times reported.

Organizers are racing to try to meet the signature threshold for an ambitious ballot initiative that would dramatically reorient the state’s K-12 education priorities and hold private schools receiving public funds to the same standards as those for public schools.

They still need thousands of signatures and face an uphill climb to meet the threshold by the July 5 deadline. We won’t know until the bitter end whether or not the group manages to get over the hump (more than a thousand volunteers are working at events across the state over the next 24 hours).

But I think it’s worth taking a moment to examine the stakes. The Arkansas Educational Rights Amendment would force the legislature to make real commitments to areas of educational need with a proven track record of improving learning outcomes. And it would force accountability on the governor’s voucher scheme, which is funneling tens of millions of dollars in taxpayer money into the pockets of private school families via a program with a long history of catastrophic failure in improving learning outcomes when states actually take the trouble to fairly measure and transparently report results at the private schools.

At a time when Republicans have total control of state government and Gov. Sarah Huckabee haughtily rules as if she has an infallible and possibly divine mandate, the education amendment would be the most comprehensive and far-reaching progressive policy victory in Arkansas since Medicaid expansion passed more than a decade ago.

Legislating by direct democracy

The education amendment is somewhat unusual for a ballot initiative, which usually present relatively straightforward “up-or-down” questions on issues like the minimum wage, casinos, weed, etc. The ballot initiative currently collecting signatures to reverse the state’s abortion ban is like that. Yes, there are details — abortions are allowed up to 18 weeks and for certain exceptions such as rape, incest and saving the life of the mother — but the fundamental issue is a yes-or-no question about whether or not abortion should be legal.

If someone wants to quibble with the headline above and say that the abortion initiative would be the biggest win in terms of liberal priorities in the state, I wouldn’t argue much. But it’s different in kind. The education amendment lays out a very broad-reaching slate of priorities and then would force the Legislature to act. It doesn’t articulate just how lawmakers should go about implementing it. It just establishes certain areas that are an absolute priority — required by law — tying lawmakers hands. The ripple effects through every aspect of the budget would be massive. It would steer the state toward a massive policy project that state leaders don’t want to do. The Legislature has prioritized vouchers and tax cuts skewed toward the wealthy and ignored issues like access to pre-k. If the public votes for this constitutional amendment, it would mandate that the Legislature make new tradeoffs.

This is why Arkansas Republican lawmakers are not fans of direct democracy. The overwhelming majority of voters in the state are going to back the candidate with an “R” by their name. But that doesn’t mean they share their narrow ideological obsessions. They will happily vote for minimum wage increases by huge majorities even if their elected officials hate it. With the advent of one-party rule, the state’s government is not responsive to issues that voters care about that don’t align with doctrinaire right-wing dogma. That’s why you’re seeing more expansive efforts to legislate from the bottom up via ballot initiative. Pre-k is popular; vouchers are not.

Equal standards and transparency for public and private schools getting vouchers

The push to put the education amendment before voters comes in the first year of Arkansas LEARNS, the education overhaul backed by Gov. Sarah Huckabee Sanders and passed by the Republican supermajority in the Legislature last year. Among the law’s most controversial provisions was the creation of a voucher program to help families cover the tuition and other costs of private schools. The program began this year and will be phased in until all K-12 students in the state are eligible to apply starting with the 2025-26 school year.

One curious feature of LEARNS is that the accountability measures it establishes for private schools accepting vouchers are not the same as those for public schools. The amendment would seek to reverse that, insisting on the same accreditation and testing for all schools receiving public funds, as well as public reporting by school of the results. This would allow citizens to see how well the voucher program is working as compared to public schools and help guide parents.

In the early days of voucher programs, advocates wanted to arrange apples-to-apples comparisons of student performance because they thought the voucher students would perform better. But once voucher programs scaled up to statewide efforts, the results were awful: Students who switched from public school to private school via voucher saw their test scores plummet to an unheard of degree — akin to the learning loss associated with a natural disaster like Hurricane Katrina or the COVID pandemic.

You might think such empirical results would give voucher advocates pause, but instead they shifted gears to trying to keep the test results secret or making comparisons impossible. Like many other new voucher programs in red states sweeping the country, Arkansas allowed private schools receiving boatloads of public money to arrange their own standards and tests, with none of the results made public. What could go wrong?

The irony here is that voucher advocates were often the ones screaming loudly about the need for accountability via testing in public schools, and pointing to those very results to disparage the quality of education in public schools. So you wind up with this very strange two-step: Voucher advocates will say something like, “these public school standards have led to lots of kids being below grade level in reading, let’s try something new.” But the measurement of how many kids are at grade level in reading is itself something we know via the standards, assessment and reporting! If voucher advocates claim to want to improve on these metrics, why wouldn’t we measure and report them at private schools, too?

I’ll let you know what happens. Republicans are terrified of voucher referenda: They always lose. To the extent that the public learns that voucher schools are actually worse than public schools and that the primary beneficiaries of vouchers are private school families whose children never attended public schools, the more likely that the public will oppose vouchers. Sending public money to private schools has never won a state referendum.