School choice in the United States

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School choice in the United States allows students and families to select alternatives to public schools. It is the subject of fierce debate in various state legislatures across the United States.

Contents

The most common type of school choice in the United States, measured both by the number of programs and by the number of participating students, are scholarship tax credit programs. These allow individuals or corporations to receive tax credits toward their state taxes in exchange for donations made to non-profit organizations that grant private school scholarships. [1] A similar subsidy may be provided by a state through a school voucher program.

Other school choice options include open enrollment laws (which allow students to attend public schools other than their neighborhood school), charter schools, magnet schools, virtual schools, homeschooling, education savings accounts (ESAs), and individual education tax credits or deductions.

History

In 1955, economist Milton Friedman proposed using free market principles in assigning students to schools, which he believed would improve the United States public school system. The typical practice at that time was to assign children to the public school nearest their home. Friedman proposed that parents should be able to receive education funds in the form of school vouchers, which would allow them to choose their children's schools from among public, private, and religious and non-religious options. [2]

Virginia's 1956 Stanley Plan used vouchers to finance white-only private schools known as segregation academies. [3] Other states followed until the practice was disallowed by Griffin v. County School Board of Prince Edward County (1964). [4]

Milwaukee mayor John Norquist (D) and Wisconsin governor Tommy Thompson (R) initiated school vouchers in Milwaukee in 1990. [5] Minnesota was the first state to have a charter school law and the nation's first charter school was City Academy High School, which opened in St. Paul, Minnesota, in 1992. [6] California created its District of Choice program in 1993. It allows California public school district to enroll students residing outside district lines. [7]

In 1995, Friedman slammed the public school system for its “dismal results: some relatively good government schools in high-income suburbs and communities; very poor government schools in our inner cities.” [5] In 1996, Friedman and his wife, Rose Friedman, founded the Friedman Foundation for Educational Choice (later EdChoice). [8] [9] [10]

In Zelman v. Simmons-Harris in 2002, the Supreme Court of the United States declared that school vouchers could be used to pay for education in sectarian schools without violating the Establishment Clause of the First Amendment. As a result, states are free to enact voucher programs that provide funding for any school of the parent's choosing. [11]

In 2004, Congress enacted the D.C. Opportunity Scholarship Program, which provided scholarships to 2000 low-income students. In 2008, students came from families with an average income of $22,736, approximately 107 percent of the federal poverty level for a family of four. [12]

In Iowa, the Educational Opportunities Act was enacted in 2006, creating tax credits for eligible donors to scholarship-granting organizations (SGO)s. These tax caps were $5 million originally, but in 2007 increased to $7.5 million. [13]

In 2007 Newark launched alternatives to poorly performing local schools. Governor Chris Christie worked with mayor Cory Booker to expand charter schools there.

By 2009 school choice had become a partisan issue. Democratic support waned, while Republican support continued to broaden. The Democratic-led Congress attempted to phase out the DC program, despite a waiting list of 9,000 low income children. [12] The Obama administration provided funding incentives to states and school districts to increase the number of charter schools. [14] In 2011 Republicans became the majority and renewed the program. [5] In the 2009 and 2010 elections, school-choice-supporting Republicans gained seven governors’ seats. 12 states expanded school choice in 2011. Newly Republican states enacted half of that year's school-choice legislation. [5]

In 2011 Wisconsin opened the Milwaukee program to all city students and introduced a similar plan in Racine. In 2013 vouchers were made available to qualifying families across Wisconsin, reaching more than 14,500 students in 2022. [5] Also in 2011 Florida grew special-ed vouchers, simplified the rules that allowed students to transfer out of failing schools, and increased the cap on charter schools. Oklahoma created a tax-credit scholarship program for low-income students. Indiana removed the limit on charter schools, allowed universities to authorize charters, and established vouchers for low- and middle-income students. Arizona created ESAs for special-needs students. Ohio doubled the state’s scholarship program and increased scholarship/tutoring funding for low-income students in Cleveland. Louisiana added scholarships for special-needs students. [5] A poll found that 60 percent of American voters felt that tax credits support parents whereas 26 percent felt that tax credits support religion. [15]

The Arizona Individual Private School Tuition Tax Credit Program [16] [17] in 2014 offered $1,053 (individuals), and couples ($2,106). [18] Nearly 24,000 children received scholarships in the 2011–2012 school year. The program started in 1998, reaching over 77,500 taxpayers, providing over $500 million in scholarship money for children at private schools across the state. [19] The Arizona program survived a court challenge, ostensibly because tuition grants could go to religious schools. [20]

Greater Opportunities for Access to Learning is the Georgia program that offers a state income tax credit to donors of scholarships to private schools. [21] [22] Representative David Casas passed school choice legislation in Georgia. [23] [24]

About 1.8 million children were home educated in 2012. [25] In 2014 a lawsuit sought to challenge the legality of the Florida voucher program. [26]

In 2015, 14 cities had 30% or more of their students in charter schools, led by New Orleans, with 93% [27] [28] As of 2016, 47 California school districts and 10,000 students participated in District of Choice, serving five percent of school districts and 0.2 percent of students. [29]

In the 2020 Espinoza v. Montana Department of Revenue case, the Supreme Court ruled that states could not restrict voucher programs from religious schools simply because the school was run by a religious organization. The Court further ruled in Carson v. Makin that states could not restrict the use of vouchers against any secular private school as long as the parents had a choice of school, as this would violate the Free Exercise Clause.

By 2021 school choice students numbered 621,000, up from 200,000 in 2011. The next expansion was driven by pandemic-related dissatisfaction with public school policies and curricula. While many European school systems reopened in spring 2020, American public schools generally remained closed until the fall of 2021. For the 2020–2021 school year, public school enrollment fell by 3 percent. Private and charter schools grew an estimated 7 percent. 18 states either initiated school-choice programs or expanded offerings, making 3.6 million American students eligible for school choice and/or homeschool support programs. Several states expanded eligibility to include middle-class children. [5]

Also in Florida directed ~$200 million to increased low-income scholarships, while raising the income cap to $100,000, to reach an estimated 60,000 more students. In June 2021 New Hampshire established ESAs, with an income cap of $79,500. By November, New Hampshire 1,600 students had applied. In 2018–19 in West Virginia, teachers fought a charter expansion, twice launching strikes. In 2020 Republicans won a state legislative supermajority and offered ESAs to students of all incomes. [5]

In 2022 Alabama increased scholarship funding by 50%, to $30B. South Dakota expanded tax-credit scholarships. [5] As of May 2022, 72% of US school parents favored vouchers, 76% supported ESAs, and 71% favored charter schools in the United States. [30] [31]

Georgia, Alabama, Arkansas, Louisiana, Florida and South Carolina all have passed new or expanded voucher-style programs since 2023. [32]

Forms

Scholarship tax credits

Scholarship tax credit programs grant individuals and businesses a full or partial credit toward their taxes for donations made to scholarship granting organizations (SGOs; also called school tuition organizations). SGOs use the donations to create scholarships that allow students to attend private schools or out-of-district public schools. These programs currently exist in fourteen states: Alabama, Arizona, Florida, Georgia, Illinois, Iowa, Kansas, Louisiana, Minnesota, New Hampshire, Oklahoma, Pennsylvania, Rhode Island, and Virginia. [33]

Vouchers

Vouchers help pay for private school tuition, whether secular or religious. [34]

Charter schools

Charter schools are independent public schools that are exempt from many of the regulations governing public schools. These exemptions grant charter schools some autonomy and flexibility with decision-making, such as teacher contracts, hiring, and curriculum. In return, charter schools are subject to stricter accountability on spending and academic performance. Most states and the national capital of Washington, D.C. have charter school laws, though they vary in how charter schools are approved. [6]

Magnet schools

Magnet schools are public schools that specialize in science, technology, art or other specific areas. Magnet schools are not open to all children; some require a competitive examination. Magnet schools are an example of open enrollment programs, which refer to that allow families to choose public schools other than the ones they are assigned. [35]

Homeschooling

Home education or homeschooling is education provided at home, provided primarily by a parent or under direct parental control. Informal home education predates public schools, and formal instruction in the home has at times been popular. As public education grew during the 1900s, homeschooling dropped. Since 2000, the number of children educated at home has increased, particularly in the US. Laws relevant to home education differ: in some states, the parent needs to notify the state that the child is to be educated at home, while in others, at least one parent must be a certified teacher and annual progress reports are reviewed by the state. [25]

Inter-district enrollment

The Commonwealth of Massachusetts allows the school committees of public school districts to have open enrollment policies. Towns in Massachusetts represented by the "School Choice Receiving District Status" (open enrollment status) of their public high school district for the 2016-2017 academic year. Towns represented in blue have school districts with an open enrollment policy for kindergarten through high school. Towns represented in purple have school districts with open enrollment only for specific grades. Towns represented in red have school districts with a closed enrollment policy. MA Public High School District Open Enrollment Status by town.png
The Commonwealth of Massachusetts allows the school committees of public school districts to have open enrollment policies. Towns in Massachusetts represented by the "School Choice Receiving District Status" (open enrollment status) of their public high school district for the 2016–2017 academic year. Towns represented in blue have school districts with an open enrollment policy for kindergarten through high school. Towns represented in purple have school districts with open enrollment only for specific grades. Towns represented in red have school districts with a closed enrollment policy.

Intra-district open enrollment programs allow school choice within a district, while inter-district open enrollment allows families to choose schools outside the district. [35]

To participate in California's District of Choice program, district governing boards declare themselves a District of Choice and set a quota for how many students to accept. School districts cannot discriminate among students, but can limit the number through a lottery system. [29]

Education Savings Accounts

ESAs allow parents to receive public funds in a government-authorized savings account. These funds are often distributed in the form of a debit card that can be used to pay for various services, such as private school tuition and fees, online programs, private tutoring, community college costs, higher education services, and other approved learning materials and services. ESAs can pay for a combination of public school courses and private services. [37]

Tax credit/deduction

Some states allow parents to claim a tax credit or deduction to help fund certain educational expenses. These can include private school tuition, textbooks, school supplies and equipment, tutoring, and transportation. [38]

Some other jurisdictions reduce the income tax for parents, so educational expenses can be more economical, which include private school tuition, supplies, computers, books, tutors, and transportation. [39]

Online learning

Online learning allows students to work with teachers and their courses over the internet. [34]

Composites

Course choice programs, public school courses, and special education therapies can be integrated into a student's curriculum, potentially with hybrid funding. [34]

Debate

Support

Parental influence

School choice gives parents more influence over what students learn (e.g., academics vs trades) and the learning environment (e.g., discipline, uniforms, extra-curriculars). [40] [41]

Student achievement

Caroline Hoxby suggested that competition among schools increases student achievement. [42] Supporters say this would level the playing field by broadening opportunities for low-income students—particularly minorities—to attend high-quality schools that would otherwise be accessible only to higher-income families. [40] [43]

Competition

Voucher supporters argue that choice creates competition between schools, and that failing schools can lose students and close. Competition encourages schools to create innovative programs, become more responsive to parental demands, and increase student achievement. [44] Competition can help parents influence their child's education. Parents can also punish ineffective schools by transferring their children elsewhere. [45] Traditional public schools also have to compete, although even the least effective are rarely closed. [46]

Cost effectiveness

Studies undertaken by the Cato Institute and other American libertarian and conservative think tanks claim that privately run education costs less and produces superior outcomes. [47] [48] [49]

Mental health

One study reported that states that adopted charter school laws experienced a decline in adolescent suicides, and that private schooling reduces the likelihood of adults reporting mental health issues. [50] School choice supporters claim that it can reduce bullying since families could choose to send their kids to a different school if they are experiencing bullying. [51]

Rights

In the United States, support for school choice has been paired with parental rights. For example, Virginia Governor Glenn Youngkin asserted that he won his 2021 race by emphasizing that parents have the right to make decisions about their children’s education [52] and supported school choice. [53]


Oppose

Profiteering

School choice measures are criticized as encouraging profiteering. [54] Charter authorization organizations have non-profit status; and contract with related for-profit entities. [55] Charters have been accused of creating units that charge them high rent, [55] [56] and that while the facilities are used as schools, they pay no property taxes. [56]

Constitutionality

Some school choice measures are criticized as violating church-state separation. The constitutionality of state-sponsored school choice laws has been challenged by school board associations, public school districts, teacher unions, associations of school business officials, the American Civil Liberties Union, the Freedom From Religion Foundation, and People for the American Way. [57]

Destruction of public system

School choice has been criticized for aiming to privatize schooling. [58]

Racism

School choice policies have been accused of racism, as they came into prominence for encouraging private schooling shortly after the Brown v. Board of Education decision required desegregation only in public schools. [59] [60]


See also

Related Research Articles

A school voucher, also called an education voucher in a voucher system, is a certificate of government funding for students at schools chosen by themselves or their parents. Funding is usually for a particular year, term, or semester. In some countries, states, or local jurisdictions, the voucher can be used to cover or reimburse home schooling expenses. In some countries, vouchers only exist for tuition at private schools.

School choice is a term for education options that allow students and families to select alternatives to public schools. It is the subject of fierce debate in various state legislatures across the United States.

<span class="mw-page-title-main">Charter schools in the United States</span> Independently-managed public schools

Charter schools in the United States are primary or secondary education institutions which receive government funding but operate with a degree of autonomy or independence from local public school districts. Charter schools have a contract with local public school districts or other governmental authorizing bodies that allow them to operate. These contracts, or charters, are how charter schools bear their name. Charter schools are open to all students, depending on capacity, and do not charge tuition. 7.4 percent of all public school students attended a charter school in the 2021–2022 school year.

<span class="mw-page-title-main">Student loan</span> Type of loan for educational expenses

A student loan is a type of loan designed to help students pay for post-secondary education and the associated fees, such as tuition, books and supplies, and living expenses. It may differ from other types of loans in the fact that the interest rate may be substantially lower and the repayment schedule may be deferred while the student is still in school. It also differs in many countries in the strict laws regulating renegotiating and bankruptcy. This article highlights the differences of the student loan system in several major countries.

<span class="mw-page-title-main">Private school</span> School that is not dependent upon the state

A private school is a school not administered or funded by the government, unlike a public school. Private schools are schools that are not dependent upon national or local government to finance their financial endowment. Unless privately owned they typically have a board of governors and have a system of governance that ensures their independent operation.

A 529 plan, also called a Qualified Tuition Program, is a tax-advantaged investment vehicle in the United States designed to encourage saving for the future higher education expenses of a designated beneficiary. In 2017, K–12 public, private, and religious school tuition were included as qualified expenses for 529 plans along with post-secondary education costs after passage of the Tax Cuts and Jobs Act.

Zelman v. Simmons-Harris, 536 U.S. 639 (2002), was a 5–4 decision of the United States Supreme Court that upheld an Ohio program that used school vouchers. The Court decided that the program did not violate the Establishment Clause of the First Amendment, as long as parents using the program were allowed to choose among a range of secular and religious schools.

The Family Education Freedom Act is a bill initially introduced in the United States House of Representatives by Representative Ron Paul (R-TX) in 1998. It would allow tax credits for education expenses.

<span class="mw-page-title-main">Lisa Graham Keegan</span> American politician

Lisa Graham Keegan is an American education reform advocate and the author of the parenting book Simple Choices.

The American Federation for Children Growth Fund(AFCGF), which originally referred to itself as the Alliance for School Choice, is the largest organization in the United States promoting school choice programs. AFCGF supports the creation and expansion of school voucher, corporate tax credit, and other school choice programs. The organization is headquartered in Dallas, Texas, is designated as a 501(c)(3) nonprofit organization, and receives its funding through private individual and foundation donations.

<span class="mw-page-title-main">EdChoice</span>

EdChoice, formerly the Friedman Foundation for Educational Choice, is an American education reform organization headquartered in Indianapolis, Indiana. It was founded in 1996 by economist spouses Milton and Rose D. Friedman. The organization's mission is to advance "school choice for all children" nationwide.

The D.C. Opportunity Scholarship Program provides scholarships to low-income children in Washington D.C. for tuition and other fees at participating private schools. The program was the first Federally funded school voucher program in the United States. It was first approved in 2003 and allowed to expire for the first time in 2009 under the Obama administration. The program was reauthorized under the SOAR Act in 2011, but again defunded at the end of the second Obama presidency. The program was reinstated under President Trump.

The Alliance for the Separation of School and State, previously called the "Separation of School and State Alliance" is an American organization that argues that parents are responsible for educating their children, and that education is not a legitimate function of government. One of its early supporters was John Taylor Gatto. It was founded by the late Marshall Fritz, who drew a distinction between "public" and "government-run, tax-funded" schools, giving the example that just as a restaurant is a public place, owned and operated by private individuals, so too could a school be operated by private individuals and available to the public. It has about 26,000 members. The group has a declaration stating "I proclaim publicly that I favor ending government involvement in education." intended for signature by private individuals and public figures. The organization has begun to make inroads into Ontario.

<span class="mw-page-title-main">Kevin G. Welner</span>

Kevin G. Welner is professor of education at the University of Colorado Boulder School of Education, where he chairs the Educational Foundations Policy and Practice program area. He co-founded and is Director of the National Education Policy Center. He has authored or edited 11 books and more than 100 articles and book chapters concerning education policy and law.

In the United States, scholarship tax credits, also called tax credit scholarships, education tax credits or tuition tax credits, are a form of school choice that allows individuals or corporations to receive a tax credit from state taxes against donations made to non-profit organizations that grant private school scholarships. At the start of the 2014–2015 school year, fourteen states had scholarship tax credit programs.

<span class="mw-page-title-main">Charter school</span> Type of school that operates independently of the local public school system

A charter school is a school that receives government funding but operates independently of the established state school system in which it is located. It is independent in the sense that it operates according to the basic principle of autonomy for accountability, that it is freed from the rules but accountable for results.

<span class="mw-page-title-main">Step Up For Students</span> Non-profit organization in the USA

Step Up for Students is a 501(c)3 nonprofit in Florida providing low income students, bullied students and students with special needs with scholarships to help pay tuition for private school, assistance to attend an out of district public school, or for tutoring, textbooks or therapies. Step Up For Students was created as part of a merger between Florida's two largest scholarship organizations Florida P.R.I.D.E and Children First, which was founded by Tampa Bay businessman John Kirtley. Kirtley had founded a previous scholarship organization, Children's Scholarship Fund of Tampa Bay in 1998 and received more than 15,000 applications for 750 available scholarships. The large demand led Kirtley to help push for the creation of the Florida Tax Credit Scholarship, which was signed into law in 2001. That scholarship program allows donors to receive dollar for dollar tax credits for contributions to nonprofits offering scholarships to low-income students in Florida. The scholarship was capped at $50 million for the 2002-03 school year and scholarships were awarded to 15,585 students.

The Pennsylvania school code, section 1327, policy for school choice is, "to preserve the primary right and obligation of the parent or parents, or person or persons in loco parentis to a child, to choose the education and training for such child."

School choice in the U.S. state of Florida is a suite of state programs that allow families to use public resources to receive education outside of their neighborhood public school. Florida's Tax Credit Scholarship (FTC) program is the largest of its kind in the U.S., with more students than all but the state's largest school districts.

Carson v. Makin, 596 U.S. 767 (2022), was a landmark United States Supreme Court case related to the First Amendment to the United States Constitution and the Free Exercise Clause. It was a follow-up to Espinoza v. Montana Department of Revenue.

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