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- Contents:
- IN THIS REPORT
Readers will find a new Blum Center brochure and our annual year-end summary of parental freedom developments around the nation, preceded by
“IT WAS A VERY GOOD YEAR”
THE EDITOR’S COMMENT ON SEA CHANGES LEADING TO THE SEA CHANGE
Freedom Report readers are familiar with the large tasks that must be done if America’s parents are to break out of educational finance monopoly (EFM) and break into the sunlight of school choice without financial penalty. The tasks are large, the burdens heavy, because historical accident has kept EFM in place so long that, though intrinsically perverse, it seems almost natural to many. That is the phenomenon of social inertia, tending to maintain the status quo, and easily manipulated by those whose material interests benefit from that status quo.
When and if, finally, America’s parents achieve the educational freedom enjoyed by parents in other democracies around the world, their liberation, and the breaking of EFM, will represent a true sea change in public policy in America’s states. Naturally, for such an architectonic alteration to occur, several smaller events must happen — smaller sea changes, if you will, that are the precursors and main ingredients of the sea change now a-building.
As to these smaller sea changes it will in time
be said of 1998 that “It Was a Very Good Year.” Though the most famous
singer of those words left this earth that year, the task of advancing
parental freedom in education, and removing EFM, moved forward notably.
The state-by-state status reports that follow, as well as the Freedom Reports
from January, 1998, to now, provide pertinent detail on these developments.
But I want, by way of overview, to call attention to just four of the smaller
developments that will turn out to be vitally important for the sea change
to come. First, 1998 saw the Wisconsin Supreme Court draw together
all pertinent state and federal legal precedents en route to declaring
the Milwaukee Parental Choice Program entirely constitutional. Eight
of nine U.S. Supreme Court justices saw no reason to review that judgment.
This is a vital step toward removing the church-state smoke screen so routinely
used by EFM’s defenders. Second, more Governors who support expansion
of parental freedom exist today than have ever existed. Educational
funding being essentially a state issue, that is a major reality for school
choice, especially when seen in conjunction with cooperative legislatures
in many of those states. Third, polls show the rising tide of broad-based,
national and state, public support for school choice reached crescendo
levels in 1998, meaning the yoke of social inertia is truly being lifted,
and parents and voters are beginning to achieve clear vision as smoke screens
are blown away. Fourth, African-American citizens, long supporters
of parental freedom but long misrepresented by their alleged leadership
groups, are increasingly breaking free from that misrepresentation.
That, in turn, should free some of the press to report more objectively
the actual, parent-supporting, attitude of minority citizens. Yes
— “It Was a Very Good Year.”
Arizona – Both opponents and proponents of Arizona's new $500 tax credit law for donations to private school tuition organizations presented arguments before the state Supreme Court on December 16, 1997. The law was passed in April of 1997 by the legislature. A decision has not yet been made by the Court.
Arkansas - Gov. Mike Huckabee, who has previously shown support for school choice, was reelected with 60% of the vote.
California – A new website (http://www.localchoice.com) has been created by the backers of the LocalChoice 2000 initiative, which has been designed to collect input from California citizens on the drafting of a school choice ballot initiative for the state. The site asks how citizens want the initiative to be phrased. The chief organizer of the initiative is Mr. Ted Draper. Mr. Draper wants to make the vouchers worth $5,500. *** Assembly Republican Leader Curt Pringle reintroduced his Opportunity Scholarships this year, a version of which was approved by California's Assembly in 1996. The version introduced this year, as part of AB 1674, was designed to benefit low-income students who are at or below 200% of the poverty level. The bill received a hearing in the legislature on April 22, but no further action was taken on it. *** On June 2 California voters rejected Proposition 226, the "Paycheck Protection" initiative, 53% to 47%. It would have prevented an employer or union from taking money from an employee's paycheck and giving it to a politician or political cause without written permission from the employee. *** Governor Pete Wilson signed into law a bill which greatly expands California's charter schools law. It raises the cap on the number of state charter schools from 112 to 250 in the first year and then allows 100 more charter schools each year thereafter. It furthermore allows new or existing schools to convert into charter schools with enough petition signatures from parents or teachers.
Colorado - State Representative Penn Pfiffner introduced a bill which would create a tax credit for the state of Colorado similar to the one recently made law in Arizona. HB 1185 would have allowed a non-refundable tax credit of up to $500 for persons making cash donations to school tuition organizations, paying fees for public school extracurricular activities, or spending money on instructional materials for home schooling. *** On February 6 the Colorado House Education Committee killed a bill, introduced by Rep. Bob Hagedorn, which would have set up two privately funded pilot voucher programs for at-risk students so they could attend private and parochial schools. *** State Treasurer Bill Owens, who strongly supports tuition tax credits, was elected governor by a narrow margin, with 49% of the vote. *** Amendment 17, which would have allowed parents to claim up to $2,500 in tax credits for their children’s tuition at private schools, was defeated 59% to 41%.
Florida – In March Representative Steve Wise, at the request of House Speaker Dan Webster, withdrew his private school voucher proposal, "PEEP," from consideration in the Education Innovation Committee. (See Freedom Report #54 for details on PEEP.) The request was made after the Committee had decided to table a similar voucher bill in the middle of February. *** On April 9, on a vote of 63-49, the Florida House approved an amended version of H 4383, which would have created a limited tuition voucher program for impoverished and disabled preschoolers. The voucher amounts would be the equivalent of what is spent per pupil in public kindergarten — about $3,500. The proposal was approved by the House on April 9 and forwarded to the Senate, where it was referred to the Senate Committee on Education. It died there on May 1. Its debate in the House provoked a fist-fight among two Representatives. *** Mr. Jeb Bush, who recommends a voucher program for the state’s failing schools, was elected governor with 55% of the vote. Mr. Tom Gallagher, who supports Gov. Bush’s position on vouchers, was elected as Education Commissioner of Florida with 56.5% of the vote. *** A bipartisan group of legislators, Floridians for School Choice, has promised to deliver school choice to Florida’s parents next year. The group has outlined a list of ten guiding principles for choice legislation to be used during the next session, and it has hired two professional lobbyists to promote the cause: former Republican Gov. Bob Martinez and the wife of former Democratic House Speaker T. K. Wetherell.
Georgia - Sen. Paul Coverdell, author of the tax-free savings account proposal for K-12 educational expenses that Congress approved this summer, was reelected to his position in the U.S. Senate with 52.2% of the vote.
Idaho – Henry Kulcyzk of the Idaho Family Forum wrote a $1,500 tax credit bill for parents with children in nonpublic schools, and proponents of the bill requested that the Idaho Legislature consider the bill. It did, but the Idaho House's Revenue and Taxation Committee defeated the proposal in February. *** Mr. Dirk Kempthorne, who supports a pilot program for tuition tax credits, was elected governor with 67.6% of the vote. *** A newly organized group of citizens — Idahoans for Tax Reform — has designed a School Choice Tax Credit pilot program that will be introduced in the legislature’s upcoming session by Rep. Lenore Barrett. Under this proposal individuals or corporations will be allowed dollar for dollar tax credits for money donated toward a child’s education in a private or home school. The proposal has been endorsed by Idaho’s newly elected governor, Dirk Kempthorne.
Illinois – Governor Jim Edgar began this year's legislative session by vetoing House Bill 999, the $500 state income tax credit measure for parents with children in private schools, recently approved by the Illinois legislature. Governor Edgar said that he was concerned about the costs of the measure. He also stated that this bill would "divert dollars" from a higher priority — the state's "obligation" to the public school system. *** State Senator James Clayborne introduced a proposal which would have allowed income tax deductions of up to $100,000 for contributions to education. Under SB 1294 individuals, trusts, estates, or corporations would have been eligible for deductions by making contributions to elementary or secondary schools, public or private. *** A recent poll done by the Metro Chicago Information Center shows further evidence of the growing awareness of and support for school choice in Illinois. 63% of Chicago residents and 53% of suburban Cook County residents support the use of vouchers to allow low-income children to attend religious schools. *** Mr. George Ryan won the seat of governor with 51.3% of the vote. As mentioned in last month’s Freedom Report, Ryan announced that he would support a $500 tuition tax credit proposal for families who send their children to non-public schools.
Indiana - State Senator Teresa S. Lubbers introduced a tax credit proposal into the Indiana legislature this year which was modeled after the package of educational choice legislation passed in Minnesota last year. (See Freedom Report #54.) The bill was approved by the Senate, but it died in the House.
Iowa – On May 6 Governor Terry Branstad signed House File 2513 into law, which increases Iowa's tuition tax credit from 10% to 25% of the first $1,000 of tuition expense — from $100 to $250. The bill was drafted by Gov. Branstad's office. It was approved by the House on March 26 and by the Senate on April 15.
Kansas - Concerning Kansas State Representative Kay O'Connor's excellent school choice legislative proposal, the State Budget Director, after long denial, acknowledged that enactment of her "Kansas Parent Control of Education Act" would at worst be cost neutral and possibly cause net savings. Also, Rep. O’Connor’s organization, Parents In Control (PIC), has formally received three separate Kansas incorporations to further its mission.
Louisiana - The Blum Center recently was reminded that there are not five but six states with genuine school choice programs in place. Louisiana now represents not only the oldest but also the most limited school choice program in the United States: since 1979 Louisiana has provided a tax credit of $25 against income taxes for any and all educational expenses incurred for each dependent child in any kindergarten, elementary, or secondary school. Governor Edwards proposed and signed this law in 1979. *** A statewide voucher proposal for low-income preschool students was close to final approval in the Louisiana legislature until the Senate tabled the bill last week, effectively killing it for this session. The initiative, HB 117, was created in the House as an amendment to a routine bill by Representative Charles McDonald. The House approved the amendment on a vote of 70-31, and the bill to which it was an amendment passed the House on a vote of 99-3 in the first week of April. The bill then went to the Senate, where it was finally tabled. Governor Foster had voiced his support for this initiative.
Maine – Cumberland County Superior Court Judge Nancy Mills ruled this summer that it is not unconstitutional for the state of Maine to exclude religious schools from its tuitioning program. On August 11 U.S. District Court Judge D. Brock Hornby then upheld that decision. The decision was appealed to the Maine Supreme Court, where oral arguments were heard on November 2. (See Freedom Report #54 for additional details.)
Massachusetts - A group of parents with children in Catholic schools filed a lawsuit in a Boston federal court, claiming that the Massachusetts Constitution wrongfully denies them tuition aid. The suit alleges that the state's 1854 Anti-Aid Amendment, which disallows any public money from going to religious schools, violates the parents' rights under the First Amendment of the federal Constitution.
Michigan – In January TEACH Michigan announced the results of a 1997 survey by Marketing Research Group (MRG). One of the survey questions, originally designed by the Detroit Free Press, asked residents of Detroit if they would support an initiative to amend the Michigan constitution to allow voucher programs to exist in Michigan the way they do in the neighboring states of Wisconsin and Ohio. The results were that 76% said yes, 20% said no, and 5% did not know. When the question was asked of citizens throughout the state, 64% said yes. *** A federal judge allowed nearly four hundred Michigan teachers to join a class-action lawsuit against the National Education Association (NEA) and its local affiliate, the Michigan Education Association (MEA). The teachers charged the NEA and MEA with using compulsory union service fees to fund political activities against their wishes. *** School Choice YES! — a Midland group seeking a constitutional amendment that will allow school choice in the state of Michigan — filed the language of its ballot initiative with the state's Election Bureau in early March, but they chose not to pursue the initiative this year. On July 6, School Choice YES! gained the support of E. Edward Jones, head of the four million member National Baptist Convention of America, along with a $10 million pledge from Wal-Mart heir John Walton. Three members of the state’s Congressional delegation — Reps. Pete Hoekstra, Vernon Ehlers, and James Barcia — also expressed their support of School Choice YES! and its goals on a School Choice YES! questionnaire. On the same questionnaire over thirty state and federal Democratic candidates said that they were in favor of the initiative. *** The Michigan Chamber of Commerce voted in April to support initiatives which significantly expand parental freedom in education, such as voucher and tax credit proposals. *** The Mackinac Center for Public Policy has begun publishing a quarterly newspaper — the Michigan Education Report. Under the care of Editor Joseph Lehman and Director of Education Policy Dan Cassidy (formerly an assistant to Mayor Bret Schundler of Jersey City), this paper offers a professional, comprehensive examination of the status of education in Michigan.
Minnesota - A privately funded voucher program has been established for low-income children in Minneapolis and St. Paul — the KidsFirst Scholarship Fund. It will provide at least 50 scholarships worth up to $1,200 each to Twin Cities children who qualify for the federal free and reduced-price lunch program. The scholarships can be used for tuition at any private elementary school in the area. *** Three efforts to dilute the state's tax credit and deduction plan for parents with children in private and public schools failed to pass the legislature this year. Two of the bills would have imposed regulations on nonpublic schools that accepted students whose parents claimed the tax credit and deductions. Those regulations would have included admission and dismissal policies and graduation requirements. The third bill would have lowered the maximum income level for families that claimed tax breaks.
Missouri - Representative Rich Chrismer introduced HB 1472 in the Missouri House, the "Challenge Scholarships Bill," which would have provided low-income families with tuition scholarships for their children. The scholarships, worth about $2,500 to $3,000, could have been used for private school tuition or private tutoring expenses. Co-sponsors included Reps. Auer, Foster, Levin, Pryor, Purgason, Dolan, Hendrickson, Donovan, and Loudon.
New Hampshire – Last December we reported that a group of legislators was drafting a bill (HB 2056) which would enable school districts to vote to reimburse parents for public, nonpublic, and home school tuition costs. The Parental School Choice and Reimbursement Bill was formally introduced early in the legislative session: in the Senate as SB 456, sponsored by Sen. Jim Rubens, and in the House as HB 1476, sponsored by Rep. Mary Brown. On April 1 the New Hampshire Senate passed SB 456 on a vote of 16-8. No further action was taken on it. HB 1476, was defeated in February. *** Also introduced in the legislature, by Rep. Tom Colburn, was CACR 42 — a Constitutional Amendment Concurrent Resolution — which would amend the constitution of New Hampshire explicitly to allow public money to be used to compensate individuals for sectarian education.
New Jersey – On January 13 the newly constituted Lincoln Park school board put a final, formal end to the controversial school choice plan it had originally approved in 1997 by striking it from the district's policy books on a vote of 5-3.
New Mexico – Unsurprisingly, the first attempts at genuine school choice legislation supported by Governor Gary Johnson did not pass the New Mexico legislature this session. The legislative attempts made this session included two voucher bills. The first, HB 231, was sponsored by Rep. W.C. "Dub" Williams and it would have phased in universal school choice over a number of years. It died early in the session. The second was targeted at low-income students and it died as well. *** Gov. Johnson was reelected with 53.8% of the vote.
New York - According to the 1997 Empire State Survey 67% of parents in the city of New York support the use of vouchers for use at public, private, or parochial schools. 60% of parents throughout the state support vouchers. *** In 1997 a group of school choice proponents decided as an experiment to offer scholarships to all students entering grades 1-6 at the Giffen Memorial Elementary School so they could attend private schools of their parents' choice. The organizers of the scholarship program, known as A Better Choice (ABC), picked Giffen because its students' test performance was worst among all elementary schools in the Albany area. 105 of 458 eligible students took advantage of the offer. Between July of 1997 and March of 1998 Giffen school acquired a new principal, two new administrators, and twelve new replacement teachers. The new administration enacted a comprehensive improvement plan which aims to increase parental involvement, professional development, and student behavior. *** A bill very similar to Arizona's recently passed tax credit law was introduced in the New York legislature this year. The "Educational Tax Incentives Bill," A 10240 in the Assembly and S 6686 in the Senate, would have permitted tax credits of up to $500 against personal income taxes to offset contributions to a school tuition organization or for purchase of instructional materials. Neither bill saw action.
Ohio – On March 2 the Ohio State Controlling Board agreed, on a vote of 4-3, to cover a 41% cost overrun in the Cleveland Scholarship Program. Then both houses of the Ohio legislature approved a bill at the end of May which made mid-course changes to the state's budget. One of the amendments to the bill, added by Rep. Mike Wise, requires that the Cleveland School District provide transportation to students in the Cleveland Scholarship Program just the same as it is provided to eligible non-scholarship private school students in the city. The Senate approved the measure on a vote of 23 - 9, while the House approved it 79 - 14. *** On September 28 the Ohio State Supreme Court heard oral arguments in the case against the Cleveland Scholarship Program. No decision has yet been made. *** According to a study released on November 24 by Mr. Kim Metcalf of Indiana University, fourth-graders in Cleveland’s scholarship program performed better than their public school peers in language arts and science. There was no measurable difference, however, between the two groups in reading, mathematics, and social studies scores.
Oregon - Mr. Bill Sizemore, who called for tuition tax credits in his gubernatorial campaign, was not able to gain enough votes to oust the incumbent Gov. John Kitzhaber (31.2% against 63%). Yet in the race for State House District 54, Mr. Tim Knopp won with 53% of the vote, and he supports tuition tax credits. *** Mr. Martin Buchanan and Dr. Lowell Smith were presented with an award from the Cascade Policy Institute as part of its Better Government Competition for the “Oregon Parental Choice Tax Credit” proposal.
Pennsylvania – Gov. Tom Ridge submitted a last-minute voucher proposal with the state legislature last month, but legislative leaders indicated that a vote would not be taken on it before the end of the year’s final session. The plan would phase in over five years, and it would provide vouchers between $350 and $1,000 to low-income parents in certain counties. *** Gov. Tom Ridge won reelection with 57.5% of the vote. Representative Dwight Evans, a bold advocate for school choice, was reelected in May to the state legislature despite a $150,000 campaign against him, funded by local unions, including the teachers' union. Moreover, Rep. Evans won 75% of the vote. *** Rep. Evans, along with Rep. John Perzel, was also the co-sponsor of a school voucher proposal which was approved last December as part of a package recommended by a special education legislative commission on urban education. No action was taken on the proposal this year *** On March 18, on a vote of 7-0, the Southeast Delco school board approved a tuition voucher program for its 1998-1999 students. On April 16 a group of eight residents from the Southeast Delco school district filed a lawsuit in state court against their district, challenging the school board's approval of the voucher plan. Hearings began in Delaware County Court on September 2. On October 14 Delaware County Judge Joseph F. Battle struck down the Southeast Delco School District’s school choice plan. Proponents of the plan have said they will appeal. *** According to a poll by the Lincoln Institute of Public Policy Research, support for school choice in Pennsylvania is strong, especially among younger voters. 69% of all voters surveyed favor a school choice plan that includes religious schools, and among voters who were 18 to 34 years old, support rose to 80%. Interestingly, those groups were less inclined to support a school choice program that did not include religious schools. *** In May Cardinal Anthony Bevilacqua formally requested that Ed Rendell, current Mayor of Philadelphia, and David Hornbeck, Philadelphia School Superintendent, consider a voucher proposal for the city which would allow students to attend private and parochial schools. In June he broadened his request for school choice in the Philadelphia area by sending letters to officials in ten suburban school districts. *** Philadelphia’s City-Wide African-American Grassroots Coalition for School Choice has collected 20,000 signatures from city residents who support tuition vouchers. The group aims to collect up to 30,000 more signatures by the end of the year.
Puerto Rico – On June 25 Governor Pedro Rossello approved the Educational Opportunities Law (Law 100), which created a $72.3 million scholarship fund. The scholarship fund will allow students from pre-school to university to attend the public or private school of their choice. The approval of this law is a major victory for school choice in Puerto Rico, but it has also caused some controversy: in 1993 the legislature had approved a comprehensive school choice program which, after having gone into effect, was subsequently ruled unconstitutional by the Commonwealth’s Supreme Court in 1994.
Texas – Out-going Lt. Governor Bob Bullock and State Comptroller John Sharp, two Texas Democrats, have placed their full support behind the Texas voucher movement. *** Gov. George Bush was reelected with 68.5% of the vote in Texas. He supports a limited voucher plan for low-income students in failing schools. Also, the position of Lieutenant Governor, which carries significant weight in Texas, was won by Mr. Rick Perry with 51% of the vote. Mr. Perry is an ardent supporter of school choice. *** The Children's Educational Opportunity Foundation of San Antonio (CEO) announced towards the end of April that it will provide up to $50 million over the next ten years to any children of the Edgewood school district who are interested in attending private schools or public schools in other districts. District administrators estimate that about 580 students have already used the scholarships to attend private schools rather than public schools.
Utah - According to a survey conducted last year by R. T. Nielson for the Utah Coalition of Freedom in Education, 79% of Utah voters support choice in education for parents which includes public, private, and parochial schools. Only 16% said they were opposed. 61% said they favored using tax dollars for scholarships that would follow children to schools of their choice.
Vermont - Oral arguments were presented before the Vermont Supreme Court on March 10 for the Chittenden school disctict case.
Washington, D.C. -
On April 30 the U.S. House of Representatives passed the "Washington, D.C.
Opportunity Scholarship Act" on a vote of 214-206. The bill was already
approved by the Senate
in November of 1997, so it moved on to the office
of President Clinton. On May 20 President Clinton vetoed it.
Then on August 7 the House of Representatives approved a $6.8 billion budget
for 1999 which included the same voucher proposal. But House Majority
Leader Richard Armey finally dropped his voucher provision about a month
later in order to ensure timely passage of the spending bill. Armey’s bill
would have provided about 2,000 students in D.C. with vouchers of up to
$3,200 to attend schools of their choice.
Wisconsin - On November 9 the U.S. Supreme Court, on a vote of 8-1, refused to review the Wisconsin Supreme Court’s June 10 ruling on the constitutionality of MPCP’s 1995 expansion, which approved the participation of religious schools in the program. Since the high court did not find legal cause to intervene in the Wisconsin Supreme Court’s decision, the local court’s decision stands as the most definitive statement to date on the constitutionality of school choice. *** Gov. Tommy Thompson, under whose care the Milwaukee Parental Choice Program was expanded in 1995, won reelection with 59.7% of the vote. Republicans lost control of the State Senate in this year’s elections. Still, in the process of achieving the 1995 expansion, on a crucial vote four Democratic Senators “crossed the aisle,” helping achieve victory for parental freedom. So this year’s elections do not necessarily prevent school choice legislation from being considered in a serious manner. *** On May 5 Milwaukee's Common Council approved a proposal which allows the city to sponsor charter schools independent of the local public school board. Mayor John Norquist, longtime advocate of parental freedom in education, signed the ordinance on May 13. *** On August 4 Mayor Norquist announced that he would support expansion of the Milwaukee Parental Choice Program to much higher income levels, or even the complete removal of income limits. Under such a true choice condition, he would support also removal of residency requirements for Milwaukee teachers.
National Efforts - On April 23 the Senate approved an education bill, on a vote of 56-43, which included Senator Paul Coverdell's proposal for tax-free education savings accounts. A House version of the proposal was approved last fall on a vote of 230-198. On June 24 the Senate passed a compromise version of the bill on a vote of 59-36. On July 21 President Clinton vetoed it, as promised. *** On June 9 Ted Forstmann and John Walton announced the Children's Scholarship Fund (CSF), in which they pledged $100,000,000.00 to be matched by the same amount by other donors in various cities across the land. These dollars are to provide private school scholarships to students in financial need, children who, according to Forstmann ". . . have so far been deprived of equal opportunity in education." *** According to the results of the Third International Mathematics and Science Study, released on February 24, U.S. 12th-graders ranked near the bottom of the industrialized world in international math and science. Then, just last month the Organization for Economic Cooperation and Development in Paris released a study saying that American graduation rates — the highest in the world for many years — have now slipped below those of most industrialized countries.
Such unhappy realities can add purpose and impetus to the many excellent activities described above. America’s students and parents deserve the freedom in education that is sought in those efforts, and for those working for this freedom we wish a Blessed Christmas and a Happy and Productive New Year.
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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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