- IN THIS REPORT
Readers will find an end-of-year, state-by-state round-up of the status of school choice. In addition to seeing these individual realities, we hope readers will see something else: when the history of American parental freedom is written, 1994 may be described as the year when the snowball was pushed to the top of the hill by school choice advocates. Will it in 1995 start its liberating, climactic, roll down the hill, gathering mass and momentum as it goes?
Arizona — Last spring, an education reform bill that included provisions for charter schools, open enrollment and a modest tuition voucher program failed to gain the additional two or three votes needed to pass in the state legislature. Under the plan, tuition vouchers would have been made available to a limited number of low-income families. The families could have used the vouchers to enroll their children in accredited private schools. Principal supporters of the bill included Representative Lisa Graham, Senator Tom Patterson and Governor Fife Symington. A second tuition voucher proposal, sponsored by Senator Bev Hermon, also failed. It would have allowed local school boards to approve or deny applications for tuition vouchers. In June, during a special legislative session, charter schools and open enrollment programs were passed and signed into law, although comprehensive choice via education vouchers was not considered. The November 8 re-election of Gov. Symington and the victory of Lisa Graham in her bid to become Arizona's next Superintendent of Public Instruction, however, have greatly improved the conditions for a re-consideration of a comprehensive educational choice proposal during the next legislative session.
Arkansas — Under the direction of attorney Oscar Stilley, Arkansans for School Choice sought to gather enough signatures to place a state constitutional amendment, called the "Education Voucher Amendment," on the November, 1994, ballot. That effort, however, had been halted earlier this year. Mr. Stilley has recently revised the amendment proposal after consulting with other Arkansas supporters of choice in education. He now seeks to renew the signature-gathering process and hopes to have the new proposal appear on the 1996 November ballot.
California — Recovery from the 1993 defeat of Proposition 174, a state-wide educational choice ballot initiative, has taken the form of drafting new proposals and focusing on organizing and mobilizing the natural constituencies of educational choice in California. Stanford University Professor Terry Moe and John Coons of Berkeley are leading the development of a new proposal, while Drs. Carlos Bonilla and Alan Bonsteel are collecting signatures for another voucher initiative. Meanwhile, a new organization under the chairmanship of Rabbi Pinchas Lipner, called Bay C.A.R.E. (Californians Advocating Reform in Education), has been formed to harness the diverse coalition of choice supporters in the state. Bay C.A.R.E. has already sponsored a symposium on school choice, and plans to overcome several of the obstacles to network-building which arose during the Prop. 174 battle.
Colorado — Representative Penn Pfiffner sponsored a bill to allow Colorado families to deduct education expenses for their children from state income taxes. Under the proposal, families could deduct up to $10,000 for a variety of education expenses, including home-schooling expenses and tuition at private schools and at out-of-district public schools. The bill, HB 94-1138, was referred to the House Finance Committee, which conducted public hearings on February 9. It stalled and died, however, in the Appropriations Committee. Rep. Pfiffner intends to re-introduce the proposal in 1995.
Connecticut — Near the close of the legislative session last spring, a comprehensive school choice bill was introduced in the state House. The bill, sponsored by Representatives Timothy Barth, Paul Knierim and Thomas Luby, would have given each local school board the authority to decide whether to implement an inter-district public school choice program, a scholarship program enabling children from low-income families to attend private schools, or both programs. The bill would also have authorized the creation of charter schools throughout the state. The measure was defeated in the House on a tie vote. A similar proposal will likely be introduced in the state legislature next year under what many anticipate will be friendlier political conditions. School choice advocate John Rowland won the race for Governor in November's election; and several new proponents of choice in education won seats in the state legislature.
Florida — Florida's Parental Choice in Education Act (HB 583), drafted by state Representative Tom Feeney, was introduced earlier this year in the Florida legislature, along with HJR 39, a proposed amendment to the Florida constitution called the "G.I. Bill for Florida Students." Both HB 583 and HJR 39 died before going to committee, but supporters promise reintroduction of the proposals in the next legislative session. The recent elections also saw the narrow defeat of gubernatorial candidate and full school choice supporter, Jeb Bush, whose running mate was Rep. Feeney. School choice proponents found encouragement, however, in the election of Frank Brogan, an advocate of comprehensive choice, to the office of state Commissioner of Education. Mr. Brogan defeated his opponent, Mr. Doug Jamerson, by a margin of 53% to 47%. Mr. Jamerson opposed full school choice.
Georgia — On February 3, 1994, Senator Roy Allen introduced the Parental Freedom Act to bring genuine choice in education to Georgia families by making available to them education grants worth 1/2 the average public school per pupil cost for use at the private school of their choice. Sen. Allen's bill, which died in committee, would have resurrected and amended a 1961 Georgia school choice law discovered by Atlanta attorney and educational choice advocate, Glenn Delk. Mr. Delk is also representing three Atlanta families in a lawsuit which seeks to obtain educational vouchers from the state. These vouchers would enable them to enroll their children in private schools if they wish, and would be worth the average per pupil expenditure by the local public school district and the state. The case is still in court and no news is expected of its outcome until spring of 1995.
Illinois — A pilot choice proposal passed in the Senate during the 1994 legislative session, but its counterpart, HB 525, failed in the House. Hearings were held for a second bill, known as the Scholarship Schools Act (SB 812/HB 732). The bill, which stalled at the committee level, would have authorized education vouchers for parents of elementary students worth $1,400 and $2,000 for secondary students to attend non-public schools. According to the Prairie State Initiative's Chairman, Mr. Jack Roeser, plans for a new comprehensive choice bill are in process for 1995, and the scope of the proposal will include the entire city of Chicago. Other parts of the state could participate if authorized by local referenda.
Kansas — Representative Kay O'Connor sponsored the Kansas School Voucher Act (HB 2754) which was denied debate on the House floor. It would have created a phased-in program and would have allowed families with lower incomes to be the first eligible to receive 50% of the state's per pupil expenditure. Rep. O'Connor plans to reintroduce a revised version of the bill in the next legislative session. Meanwhile, a survey done by a state teachers college reported that 53% of all Kansans favor the adoption of a voucher system in their state, 35% oppose it, and 12% remain undecided.
Missouri — Senate Joint Resolution 21, a proposed amendment to article IX of the State Constitution, was introduced by Senator Peter Kinder and others and was to be placed on the November ballot. Had it passed, it would have given scholarships, equal to 50% of the average expenditures per public school student, to parents of K-12 students. The scholarships would have been redeemable at any private or public scholarship redeeming school. SJR 21 died in the Education Committee, but Sen. Kinder and his allies plan to introduce a slightly revised version of SJR 21 in the Missouri legislature in 1995.
New Jersey — Governor Christine Whitman, following the recommendations of New Jersey Education Commissioner Leo Klagholz, has recently prepared a school choice proposal for consideration by state legislators. The proposal, which will likely be introduced in both the House and Senate sometime this month, includes provisions for two pilot programs: a state-wide charter schools program and a tuition voucher program for students in the Jersey City school district. The tuition voucher program would provide state-financed grants to families with children entering the 1st and 9th grades, allowing those families to choose among local public and private schools for their children. Jersey City Mayor Bret Schundler, an ardent advocate of choice in education, had requested that a pilot tuition voucher program for his city be included in the proposal. Although Mayor Schundler had hoped to have a more comprehensive and far-reaching program proposed for Jersey City, he nonetheless views Gov. Whitman's proposal as a positive and helpful first step.
New York — SB 5955/AB 9359, previously introduced in the New York legislature, would have made education vouchers available to New York families on a phased-in basis. Both the monetary value of the vouchers and the number of families eligible to receive them would have been phased in over three years, beginning with families in lower income brackets. The proposal also included a voucher supplement for children from families with the lowest incomes. A detailed cost analysis of the proposal revealed that, even under "pessimistic" assumptions, taxpayer savings could have amounted to in excess of $67 million during the first year of the program, and in excess of $498 million by its fifth year. Neither bill left its respective education committee, but plans to re-introduce the bills are already underway for 1995. The revisions include lower voucher amounts to be issued for K-8 students (reduced from 40% to 20% of the average per pupil expenditure), as well as the amount of supplementary vouchers (reduced from 50% to 30%). Educational choice supporters were also encouraged by the November election of George Pataki to the office of Governor. Pataki is more open to school choice than was his predecessor.
Ohio — In November, 1993, a comprehensive school choice proposal was introduced in both the House and Senate in Ohio. The proposal, known as the Ohio Scholarship Plan, was designed to permit a limited number of school districts in the state to establish pilot school choice programs. The plan had originally emerged in December, 1992, as the recommendation of a commission established by Governor George Voinovich for the purpose of exploring educational choice options. During the 1994 legislative session, the House version of the Ohio Scholarship Plan stalled and died in the House Education Committee. It is likely, however, that the plan will be re-introduced when the legislature convenes in January. And the plan's chances for passing have improved significantly in the wake of November's general election, which resulted in a landslide victory for Gov. Voinovich and a substantial realignment in the state legislature.
Oklahoma — The past year's legislative session saw the introduction of dual joint resolutions, SJR 32 and SJR 35, both representing aspects of a comprehensive school choice proposal sponsored by Republican Senator Don Rubottom and Democratic Representative Charles Gray. SJR 32 was concerned with the management of site-based schools in an attempt to curb bureaucratic excess and budget bloat, while SJR 35 dealt with funding. Both proposals failed in 1994. The proposals would have amended the state Constitution, and included provisions for scholarships to be awarded to private school students at 70% of the state's average per pupil expenditures, while public school students would have received 100%. The Committee for Oklahoma Educational Reform's (COER) chairman, Mr. Hubert Belisle, informs us that the proposals will be re-introduced in the 1995 session of the Oklahoma legislature.
Oregon — Oregonians for School Choice failed to obtain the necessary number of signatures needed to place the Oregon K-12 Scholarship Plan on the 1994 ballot. The plan called for an amendment to the state constitution to make possible a ten-year phased-in program which would have allowed parents the use of public funds to pay 60% of the average public school tuition at "scholarship" schools. Beginning with lower-income families, up to 10% of the student population would have been eligible for scholarships during the first year. Subsequently, the percent of eligible students would have been increased annually by 10%; and in the final year of the program, all students would have been eligible.
Pennsylvania — The REACH (Road to Educational Achievement Through Choice) Alliance, under the direction of David Kirkpatrick, continues to play a prominent role in promoting educational choice in Pennsylvania. REACH conducted two school choice conferences in 1994, and the REACH Political Action Committee endorsed Tom Ridge, an advocate of choice who, after winning in the November general election, will become the state's next Governor. Also winning in races for seats in the state legislature were a good number of new school choice supporters. The 1995 legislative session may well see the introduction of a comprehensive educational choice bill. One possibility would be the introduction of a revised version of HB 1655, which originally had been introduced in the state House in May, 1993, but failed at that time to gain sufficient support. HB 1655 called for state-wide choice involving both public and private schools and for authorizing the creation of charter schools. Another possibility is the drafting of a proposal designed to match more closely the views of Governor-elect Ridge who has expressed a desire to implement school choice programs initially in the neediest parts of the state.
Puerto Rico — On November 30, the Puerto Rican Supreme Court ruled, by a 5-2 decision, that a scholarship program permitting children from low-income families to attend private schools violates Puerto Rico's constitution. The scholarships, each worth $1,500, have been distributed by the Commonwealth since September, 1993 as part of a broader school choice program, called the Special Scholarship and Free Selection of Schools Program. The Commonwealth Supreme Court let stand the public school choice provisions of the program and struck down only the use of scholarships at private schools. The court will allow the program in its entirety to continue until the conclusion of the current school year. This year 2,013 students used the scholarships to attend private schools; approximately 15,000 other students used the scholarships to exercise choice within the public school system. The ruling was based solely on the Puerto Rican constitution and therefore has no implications for school choice programs in other states or jurisdictions. Pedro Roselló, the Governor of Puerto Rico, and Education Secretary Victor Fajardo are considering ways to retain the full scope of the program in light of the recent decision.
Texas — Since the Texas legislature meets only every other year, no new legislative proposals were considered during 1994. According to Allan Parker of the Texas Justice Foundation, Governor-elect George Bush favors tuition vouchers for low-income families, and during his campaign, pledged his support for revised school choice legislation. Mr. Parker expects that several school choice bills will be introduced in the Texas legislature in 1995, including a revision of Representative Kent Grusendorf's 1993 house bill. This was a limited choice proposal that would have authorized 60 school districts in the state to provide education scholarships to children from low-income families, permitting choice of both public and private schools. For non-governmental school students, the amount of a scholarship would have been equal to 80% of the total per pupil local and state funding allotment, while public school students would have received 100%.
Wisconsin — Early in 1994, a proposal to expand the Milwaukee Parental Choice Program (MPCP) to include more students and to allow participation by religious schools was introduced with the support of a bi-partisan group of lawmakers in the state legislature. At a February 16 joint news conference, state Representative Annette "Polly" Williams, a principal sponsor of the original legislation, and Milwaukee Mayor John Norquist announced their support for MPCP expansion. The expansion proposal eventually failed last spring but may well be revived (along with other, broader school choice proposals) under friendlier conditions in the 1995 legislative session. Governor Tommy Thompson, well-known as a supporter of innovative education reform including school choice, was re-elected to a third term in November by an overwhelming margin and a realigned state legislature will likely move educational choice proposals to a higher position on the legislative agenda. Moreover, Rep. Williams, a Democrat, will be appointed chair of the Wisconsin Assembly's Urban Education Committee — an appointment considered impossible under previous Assembly leadership due to its close ties to the state's teachers' union. This action by the new Republican majority should have the effect of easing passage of school choice legislation, given Rep. Williams' well-known and powerful advocacy of parental freedom via educational choice.
On November 15, oral arguments were heard in federal district court regarding a lawsuit filed by Landmark Legal Foundation on behalf of five Milwaukee families challenging the MPCP's exclusion of religious schools. The exclusion of religious schools from the MPCP has meant that many eligible children are not able to benefit from the program due to a lack of space in the 12 participating non-religious schools. The lawsuit contends that the religious school exclusion is unconstitutional and violates the families' first and fourteenth Amendment rights. A ruling from the court is not expected until sometime next year.
Blum Center Pamphlet
One of the first pamphlets generated by the Blum Center
for use by school choice advocates around the country was "All Roads Lead
to Educational Choice Without Financial Penalty." That pamphlet describes
the major "natural constituencies of school choice" and is in very wide
use. We have revised and updated "All Roads. . .," and a copy is attached
to this Freedom Report.
New Video Tapes Available
¨Bay C.A.R.E. of San Francisco
has produced a video re-presentation of its September 13, 1994, symposium.
It features several excellent educational choice speakers, and would serve
as a useful collection of well-articulated arguments in favor of school
choice. The video tape is available from Bay C.A.R.E. for $10.00 plus shipping
costs. It can be ordered by calling 1-800-258-4427 or by contacting Rabbi
Lipner, Chairman of Bay C.A.R.E., at 645 14th Avenue, San Francisco, CA
94118, FAX (415) 752-5851.
¨"Save Our Schoolchildren" of Jersey City, NJ, has also made available a 13-minute video tape highlighting the effort to obtain comprehensive choice in education for the Jersey City school district. The tape is exceptionally well-done and features Jersey City Mayor Bret Schundler, Governor Christine Whitman and New Jersey Education Commissioner Leo Klagholz, among others. To request a copy, call (201) 200-0616.
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The Blum Center grants full permission for all of its documents to be copied, in part or in whole, to extend the reach of the Center's messages and information. We appreciate it when our readers keep us apprised of state and national developments in the area of school choice, particularly legislative developments. Any Blum Center documents not available on our web page may be obtained by contacting us by telephone, fax, or mail. Virgil C. Blum Center for Parental Freedom in Education |
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