Author: Melissa Paluch, MA
November 27, 2024
At first glance, ‘school choice’ funded by public vouchers may seem beneficial for families, as it offers parents additional education options by subsidizing private school tuition. This approach offers a non-traditional learning environment that some students and parents might find more appealing as compared to public schools. However, these vouchers divert public funding from public schools to private institutions, which operate independently and are not bound by the same government regulations as public schools. Private schools are not regulated by governmental mechanisms in the following areas: teacher certification, curriculum standards, anti-discrimination laws, and testing and accountability. This can result in poorer educational outcomes as compared to public schools, as well as the potential for a loss of community engagement. Unlike public schools, private schools are not required to uphold student civil rights and can selectively admit students. For example, private schools do not need to make accommodations for students with disabilities, and some might not choose to adopt civil rights principles like inclusivity.
Even though school vouchers can help to subsidize private school tuition, they often cover only a portion of the cost, which leaves the remainder to be paid by students’ families. This can reduce access to private education for children from poorer families and may reduce public access to well-funded and attainable public education by diverting funding towards private institutions; this financial impact can harm the very public schools where children from poorer families are more likely to attend. High-quality and accessible education is a human right, especially during a child’s formative years. The United Nations, an organization that protects and promotes human rights globally, considers free public education, particularly during formative years, to be a basic human right and a vehicle through which individuals can learn to recognize and comprehend other fundamental human rights.
‘School Choice’ negatively impacts civil rights.
The privatization of public education, often referred to as “school choice,” skirts the 1954 Brown vs. Board of Education Supreme Court case, which overturned the lie of segregated schools ‘separate but equal’ mantra, as the point of segregated schools was to separate marginalized students from more diverse communities and to offer marginalized students an under-resourced education. As school vouchers do not always cover the entire cost of private education, private school education is less accessible to children from low-income families. Data from Ohio, Florida, and Arizona reveals that publicly-funded school vouchers primarily help white, affluent families, enabling them to send their children to expensive private schools they can likely already afford; these vouchers can also provide tax benefits, which further bolsters these affluent families’ financial positions. Such behavior subsequently undermines anti-discrimination practices, according to Brookings, by diverting taxpayer money away from public schools and thereby perpetuating their under-resourcing in favor of supporting private schools (Harris, 2024). According to the Civil Rights Act of 1964, private schools cannot legally discriminate based on race. However, since these institutions often have opaque admissions policies, they are afforded the ability to discriminate in other ways, such as: religious philosophy, gender identity, academic achievement, and financial status. Work conducted through the U.S. Department of Education’s Office for Civil Rights ensures public school students’ civil rights are protected and even investigates complaints (Harris, 2024) (Bolton and Callan, 2024). However, private schools do not have to abide by federal laws protecting student civil rights, particularly if they are not receiving federal funding. They can establish their own admissions policies, curricula, and they do not necessarily need to make accommodations for students with disabilities.
How pervasive is ‘school choice’?
‘School choice’ offers parents more choice regarding accessibility to specially-tailored learning environments. Currently, 29 states and the District of Columbia have at least one private school choice program; while school vouchers might be available in a majority of states, they do not always make these schools more accessible, as they do not always cover a student's entire tuition. Coverage of private student tuition varies from 25% to 100%, depending on the state. Of these programs, 12 states have at least one private school option that is universally accessible to K-12 students in the state. The 29, plus the District of Columbia, with at least one private school choice program include the following voucher options:
Traditional vouchers: Using funding collected by taxes, the government subsidizes tuition for K-12 children at private schools. Yet, private schools have the right to be selective with admission.
Education Savings Account Vouchers: Their availability varies by state and program. Some states offer ESAs to specific groups, such as families of children with disabilities, low-income families, or those attending underperforming schools.
Tax Credit Vouchers: In exchange for donations to organizations that provide vouchers for private school tuition, businesses and individuals receive a tax credit. The result of this tax credit is tax revenue is being re-routed to private schools. (Mast, 2023)
Why is well-funded and accessible public education a human right?
Both established by the United Nations, the Universal Declaration of Human Rights and the United Nations Educational, Scientific and Cultural Organization (UNESCO) consider public education a human right that should be free. The Universal Declaration of Human Rights proclaims that educational opportunities should be both free and compulsory, particularly regarding early education. Furthermore, the United Nations Committee on Economics, Social and Cultural Rights states that education is a vehicle to realizing other human rights; it lifts economically and socially marginalized adults and children out of poverty. (Source: United Nations - "About the Rights to Education and Human Rights. Special Rapporteur on the Right to Education"). The United Nations and UNESCO are both organizations working toward creating a more peaceful, just, and sustainable world through international cooperation and dialogue.
The privatization of public-school education can result in discrimination, a lack of accountability for the quality of education, and, in some cases, poorer outcomes for students.
The United States has a tradition of public accountability in K-12 education. Publicly funded private education that receives funding from vouchers skirts public accountability. Since the early 1900s, public school districts have operated under elected boards to provide accountability and to certify that these schools are upholding the law, as taxes paid by the public assist in providing for public education (Harris, 2024). However, based on private schools' autonomy, school vouchers allow families to use public funds to send their children to private schools that are not subjected to the same public accountability that an elected school board would provide. As private schools are not funded by the public, they are not required to be accountable to the public and can admit whom they want, have teachers who may or may not meet certification standards typical of a public-school teacher, and do not always have to share their students’ test scores with the public (Harris, 2024).
To better understand the governance and accountability methods of the private K-12 school systems which receive school vouchers provided by the public, in February 2020, the EdWeek Research Center reviewed statutes in the 29 states that offer at least one of the three types of private school choice programs. Then, it sent the results of its analysis to state education departments to verify, correct, or update the findings. Here are the research findings:
5 states require that all teachers in participating private schools be licensed;
8 states require all participating private schools to publicly report the results of state and national tests;
4 states require public reporting of demographic data on participating students;
5 states explicitly require all participating private schools to admit students with disabilities;
14 states mandate that participating private schools prove that they are fiscally sound through audits or other measures (e.g., enrollment verification, financial reserves, budget projections, etc.). (Mast, 2023) (Prothero and Harwin, 2024)
The following studies help illuminate the argument that funded private education does not always lead to better education outcomes:
Milwaukee Parental Choice Program: A study from the University of Wisconsin-Madison looked at Milwaukee’s voucher program and found that students using vouchers weren’t performing any better in reading and math than those in public schools. In fact, some voucher students even scored lower (Wong et al., 2013).
Indiana's Choice Scholarship Program: Research from Indiana University showed that students who used vouchers in Indiana actually saw declines in their test scores for both math and English compared to their public school peers (Miller et al., 2017).
D.C. Opportunity Scholarship Program: A study by the U.S. Department of Education found that while some kids benefited from the voucher program in D.C., overall, there weren’t any significant improvements in reading or math scores compared to those who stayed in public schools (Dynarski et al., 2017).
Louisiana Scholarship Program: An evaluation from the Louisiana Department of Education discovered that students who used vouchers to attend private schools performed worse in both math and English language arts than their public school counterparts (Harris & Larsen, 2015).
The Solution
Public school education needs to be well-funded and supported by the community, instead of having money diverted from it by school vouchers to fund private schools that are not accountable to the public and can discriminate regarding admission. By focusing on strengthening public education, we can uphold the principles of equality and justice in our educational system and ensure that every child has access to the high-quality free education they deserve.
The National Education Association and American Federation of Teachers provides several suggestions on how you can support and fortify public education in your community, as many public schools have been left underfunded as the result of vouchers. One key way is by advocating to fulfill the needs held by public schools by engaging with local and state officials to push for better funding and resources in the communities that need them. Volunteering is another impactful method; individuals can offer their time for tutoring, mentoring, or supporting extracurricular activities in communities where there is a staff shortage. Advocating for increased membership in Parent-Teacher Organizations (PTOs) can also help enhance public education, as these groups focus on fundraising and improving the school environment while providing a voice for parents. Additionally, organizing or participating in fundraising events like book fairs and bake sales directly supports school initiatives by tackling budget short falls. Raising awareness about the issues facing public education through social media and community discussions encourages broader participation. Supporting local education programs, staying informed about policies, and voting for candidates who prioritize education are essential steps in fostering a more equitable system that benefits all students.
Glossary
Accommodation: a process of mutual adaptation between persons or groups, usually achieved by eliminating or reducing hostility, as by compromise or arbitration.
American Federation of Teachers: The American Federation of Teachers (AFT) is the second largest teachers' labor union in America (the largest being the National Education Association). The union was founded in Chicago. John Dewey and Margaret Haley were founders.
Civil rights: the rights of citizens to political and social freedom and equality.
Human rights: fundamental rights, especially those believed to belong to an individual and in whose exercise a government may not interfere, as the rights to speak, associate, work, etc.
Inclusivity: the fact or policy of not excluding members or participants on the grounds of gender, race, class, sexuality, disability, etc.
National Education Association: The National Education Association (NEA) is the largest labor union in the United States. It represents public school teachers and other support personnel, faculty.
Parent Teacher Organizations: PTOs and PTAs support the school's goals and the interests of students, teachers, and parents. They can also advocate for child advocacy, promote family engagement in schools, and work to improve the educational success of children.
Private education: a school founded, conducted, and maintained by a private group rather than by the government, usually charging tuition and often following a particular philosophy, viewpoint, etc.
Public education: a school that is maintained at public expense for the education of the children of a community or district and that constitutes a part of a system of free public education commonly including primary and secondary schools.
School choice: an educational policy based on vouchers or scholarships, allowing students their choice of private or public school.
School vouchers: a government voucher or cash grant given to a parent or guardian to be used toward paying the fees for their child to attend a private or parochial school of choice, instead of an assigned free public school.
United Nations: an international organization, with headquarters in New York City, formed to promote international peace, security, and cooperation under the terms of the charter signed by 51 founding countries in San Francisco in 1945, and since then by many more countries.
United Nations Educational, Scientific and Cultural Organization (UNESCO): UNESCO was founded in 1945 as the successor to the League of Nations; International Committee on Intellectual Cooperation. UNESCO's founding mission, which was shaped by the events of World War II, is to advance peace, sustainable development and human rights by facilitating collaboration and dialogue among nations. It pursues this objective through five major programme areas: education, natural sciences, social/human sciences, culture and communication/information.
Universal Declaration of Human Rights: The 30 rights and freedoms set out in the UDHR include the right to be free from torture, the right to freedom of expression, the right to education and the right to seek asylum. It includes civil and political rights, such as the rights to life, liberty and privacy.
Sources
Bolton, Jasmine, and April Callan. "Don't Be Fooled by School Choice Its a Trojan Horse for Privatizing Education." US News, 5 Jun. 2024, www.usnews.com/opinion/articles/2024-06-05/dont-be-fooled-by-school-choice-its-a-trojan-horse-for-privatizing-education). Accessed 14 Oct. 2024.
Harris, Douglas N. "The New and Radical School Voucher Push Is Quietly Unwinding Two Centuries of US Education Tradition." Brookings Institution, 13 Aug. 2024, www.brookings.edu/articles/the-new-and-radical-school-voucher-push-is-quietly-unwinding-two-centuries-of-u-s-education-tradition/. Accessed 14 Oct. 2024.
Mast, Nina. "State and Local Experiences Proves School Vouchers Are a Failed Policy That Must Be Opposes." Working Economics Blog, 20 Apr. 2023, www.epi.org/blog/state-and-local-experience-proves-school-vouchers-are-a-failed-policy-that-must-be-opposed-as-voucher-expansion-bills-gain-momentum-look-to-public-school-advocates-for-guidance/. Accessed 14 Oct. 2024.
Prothero, and Alex Harwin. "Private School Choice Programs Fall Short on Transparency, Accountability." Edweek.Org, 28 Feb. 2020, Private School Choice Programs Fall Short on Transparency, Accountability (edweek.org). Accessed 14 Oct. 2024.
"About the Rights to Education and Human Rights. Special Rapporteur on the Right to Education." Welcome to the United Nations, 14 Oct. 2024, www.ohchr.org/en/special-procedures/sr-education/about-right-education-and-human-rights#:~:text=As%20an%20empowerment%20right%2C%20education,participate%20fully%20in%20their%20communities. Accessed 14 Oct. 2024.
Wong, K. K., Hill, P., & Green, R. (2013). The Effects of the Milwaukee Parental Choice Program on Student Outcomes: A Report from the Institute for the Study of Labor (IZA). IZA Discussion Paper No. 7592.
Miller, D. J., Wolf, P. J., & Behrens, J. (2017). The Effect of Indiana’s Choice Scholarship Program on Student Achievement. Journal of School Choice, 11(2), 220-247.
Dynarski, M., S. R. S. B. R., & Gleason, P. (2017). Evaluation of the DC Opportunity Scholarship Program: Final Report. U.S. Department of Education, Institute of Education Sciences.
Harris, A. J., & Larsen, M. (2015). The Effects of the Louisiana Scholarship Program on Student Achievement. Educational Evaluation and Policy Analysis, 37(4), 546-568.
Harris, Douglas N. "The New and Radical School Voucher Push Is Quietly Unwinding Two Centuries of US Education Tradition." Brookings Institution, 13 Aug. 2024, www.brookings.edu/articles/the-new-and-radical-school-voucher-push-is-quietly-unwinding-two-centuries-of-u-s-education-tradition/. Accessed 14 Oct. 2024.