As I began writing this on Thursday, March 20, President Trump signed an executive order to dismantle the Department of Education. So I want to give just a little space for that celebration, and then we’ll talk about the school choice debate in general, and more specifically in the Texas Legislature.
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President Trump signs EO on Department of Education; Photo from Washington Post, title from White House |
Dismantling
the Department of Education
President Trump did not, and could not, abolish the
Department of Education unilaterally with an executive order; the Dept. of Ed
was originated by a Carter EO, but was then established by Congress as an
administrative body. Since education is not among the enumerated powers, it was
never a good idea, but its establishing principles are not that terrible. Glenn Beck read through these on his show:
It is the intention of Congress in the establishment of the Department
of Education to protect the rights of state and local governments and public
and private educational institutions in the area of educational policies and administration
of programs and to strengthen and improve the control of such governments and
institutions over their own educational programs and policies.
I looked it up. The part Glenn Beck read is p. 4 under Federal-State Relationships. There was a more complete list, starting on p. 3, under Purposes, which already seem to go beyond what they had any business doing, but are not the controlling strings they’ve become over time.
I’ve said myself that, while the federal government does not
have education as an enumerated power, you could construe that there is a
government interest in an educated populace. So, if there were something at the
federal level (not that I would encourage it necessarily), it would be as an
information source, a clearinghouse where states and local education entities
could look to for research findings, and to share what they had tried and what
their results were.
If this founding purpose was what the Dept. of Ed had ever
kept to, we would not be needing this dismantling today.
Now, the dismantling—not abolishing—is a cut
to about 50% of the workforce in the Department. Services deemed necessary by
law are being kept there—such as Pell grants. Eventually—if Congress does its
job in following up—those required services (if actually necessary) can be administered
by other departments, and the Dept. of Ed can be completely abolished. And that
would prevent it from being resurrected and re-expanded by a future
administration.
But all in all, this was an important day’s work.
Parents
Control the Care and Upbringing of Their Children
Eventually I’m going to get granular into the school choice legislation in Texas. But first I want to recommend a discussion between Jordan Peterson and author/school choice advocate Corey DeAngelis.
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Jordan Peterson and Corey DeAngelis, screenshot from here |
DeAngelis outlines a great many objective societal goods
that come from increased school choice—even just the additional choice of
charter schools. These include 30% increase in likelihood of graduation, and
increased additional education opportunities after high school, and lower crime.
Additionally, no school choice program has led to less funding for public
schools (they’ve actually gotten more), nor government intrusion into private
school curriculum or greater control over homeschooling.
Let’s start with his reference to the 1983 Nation at Risk
report on education, which showed us doing much worse than in earlier decades.
There was a push to spend more and more money on education—but we not only
haven’t gotten better; in many ways we’ve gotten worse. DeAngelis says:
We spend about $20,000 per student per year now, which is
about 52% higher than the average private school tuition in this country, that
spending in the government schools has increased by about 164%
inflation-adjusted since 1970. Have the outcomes gotten 164% better? No,
obviously not. But it's because they're not focusing on math and reading;
they're focusing on gender ideology and Critical Race Theory in the schools.
And if you're focusing on those things and teaching kids to hate your country,
it shouldn't surprise us that the academic outcomes aren’t getting any better.
If our interest was actually to get an educated populace,
the data is actually telling us that paying private school tuition is both more
cost-effective and more likely to get the outcomes we want (homeschooling aside—which
is even more cost-effective and outcome-producing). No one in any state
legislature is pushing to dump public schooling and give everyone a private
school (or other) tuition voucher. School choice is always tentative—with probably
far too much deference given to keeping public schools thriving.
Right now there are nearly as many desks open in private
schools as there are students on waiting lists for charter schools—in other
words, students who aren’t getting their needs met in public schools. It ought
to be a simple solution, then, to give those families a way out of the public
schools—to which they are bound by law to attend unless they have the personal
resources, in addition to taxes they’re already paying, to pay for private
school or homeschooling.
Opponents to school choice may claim to have many reasons,
certainly worth addressing as legislation is crafted. But it comes down to
saying they want to force students who are without family resources to remain
in schools that are failing them.
DeAngelis uses an analogy of a grocery store.
In most places in America you live where you live, and
you're assigned to a school just based on your address, which gives them no
incentive to spend additional dollars wisely. I mean, just imagine if you had
to shop at a government grocery store that you were assigned to based on where
you lived, and they had empty shelves, no food. And when they did have food,
imagine if you got food poisoning, or it was expired. And if you wanted to go
somewhere else, they'd tell you to go complain to the grocery board, who
wouldn't listen to you and would try to cut off your mic—which is what happens
with the school boards right now. And if you had to just move houses to get
access to a better grocery store, that would make zero sense. Or if you had to
pay twice, basically once through taxes for the government grocery store you're
not using, and then again out of pocket for a grocery store that actually
provided you with healthy food.
That's what we have with the government school system today.
You cannot go somewhere else unless you pay twice, essentially, and low-income
families are basically just screwed in the worst failure factories that we call
public schools.
To press the point, he adds that in places like Chicago, 33 public schools have 0% of students showing proficiency in math, while they’re spending $30,000 per kid. And of course the teacher union boss sends her child to a private school; they know they’re failing.
So, do I believe in public schools? I do not. But in the
real world, where we spend half of the state’s revenue in taxes on education—and
public schools are the huge elephant monopoly in the room—pushing for options
is something reasonable people ought to do.
Texas
School Choice Bills
School choice is likely to pass in Texas this legislative
session. Unlike last session, when 21 House Republicans joined with all the
Democrats to scuttle school choice, this session there are 76 Republicans who
have signed on as co-authors. That’s enough to pass a bill. A Senate version,
SB 2, has already passed—although it hasn’t been assigned to a House committee yet.
The House bill, HB 3, had a committee hearing on March 12, but was left pending, meaning no decision
was made yet, so there will have to be another committee hearing on it. Eventually
it will get sent on to the floor for a vote. And then there will have to be
reconciliation with the Senate before a final version gets sent to the Governor
for signature—which Governor Abbott will sign, because school choice in any
form has been a priority for him since last session and before.
I wrote about the school choice legislation in general a few weeks ago. Today I thought I’d do a deep-dive comparison of the two bills.
Normally the Senate is more reliably conservative than the House. But there are
actually several things I prefer in the House version.
Both bills are essentially ESA programs (education savings
accounts). That’s where a set amount of money is allocated for a specific
purpose—like a health savings account. You can’t use that money for some other
purpose, but within the parameters, you can choose how to use the funds.
Both bills have funds coming through the general
fund—through the State Comptroller. This in no way diminishes money going to
public schooling; that state allotment is untouched by this bill. (There are
other bills working to increase public school funding, mainly aimed at raising
teacher salaries.)
Both have similar administrative and legal
accountability/anti-fraud provisions. I had AI produce a chart summarizing the
differences for me. I put a red * by features I prefer; I’ll point out a couple of things
below:
Feature |
S.B. No. 2 |
H.B. No. 3 |
Funding Amount |
Provides $10,000
per year for children in accredited private schools ($11,500 for students
with disabilities); $2,000 for homeschooled students |
Provides 85% of
the statewide average per-student funding for K-12 students; up to
$30,000 for students with disabilities; $2,000 for homeschooled
students * |
Online Education |
Prohibits using ESA funds
for online or virtual education services |
Allows funding for online
courses or programs * |
Income-Based
Prioritization |
Defines low-income
as households under 500% of the federal poverty level but does not
prioritize beyond public school history |
Prioritizes children
with disabilities and low-income families, dividing them into specific
income brackets (e.g., below 200% and between 200-500% of federal poverty
level) |
Meal Coverage |
Does not allow
ESA funds to be used for student meals |
Allows ESA funds
to cover breakfast and lunch at private schools |
Payment Schedule |
ESA accounts are
funded semiannually |
ESA accounts are
funded quarterly |
Funding Cap &
Growth |
Capped at $20,000
per student |
No cap beyond general
program appropriation limits * |
Application
Priority |
Priority given to students
who were in public school for 90% of the prior year |
Prioritizes
returning ESA participants over new applicants * |
Parental
Responsibilities |
Requires parents
to administer an approved standardized test |
Does not
explicitly require standardized testing * |
Appeals Process |
ESA funding
decisions by the Comptroller are final |
Allows parents
to appeal eligibility decisions * |
Special Education
Services |
Offers additional
funds but does not require public schools to provide evaluations. |
Requires public
schools to conduct special education evaluations upon parental request |
Funding is set in the Senate bill, but in the House bill it is tied to statewide average per-student funding, which would mean the bill wouldn’t have to be redone with annual cost increases (or decreases, if that should ever happen).
The Senate bill prohibits spending for online or virtual
education resources. These have been common resources used by homeschoolers
since well before we homeschooled. And those resources have only grown. To
prohibit use of them is a tremendous drawback in the Senate bill.
The prioritization is aimed at the most vulnerable, with
more emphasis on that in the House bill. The amount allotted on this “trial” of
ESAs is comparatively small, which means it’s only going to offer relief to a
few select winners. In my view, any parent whose child is not being well served
by the public school system is vulnerable—unless that parent already has plenty
of money and/or time to homeschool. A similar problem has always existed with
charter schools as well; children get in by lottery. I’d like to see more
opportunity, so the result seems less about luck. But this bill is a start, if
there’s the intention of expanding in future years. Those who intend to say, “Well,
you said competition would improve quality and lower costs,” should realize
that this program is too small to provide those outcomes yet.
The Senate bill prioritizes people who are coming from
public schools; this is a first-year mentality. The House prioritizes returning
ESA students—so those families don’t have to re-win the lottery in order to
keep their schooling choice year-to-year. I think that’s essential.
Accountability differences are significant. The Senate bill
requires participating students to take an approved standardized test. The
House bill does not require testing. One of the problems (among many) that
people have with public schools is the standardized testing—which inevitably
turns into teaching toward the test, rather than simply teaching. And we’re
never happy with the standardized tests.
When I homeschooled my kids, I did annual testing, but I
never used a nationally recognized standardized test. For elementary years, we
used one aimed at homeschooling families once or twice. I found it to lack rigor
in most things and overemphasize memorization of some certain things the
company valued (memorizing the Preamble to the Constitution, for example,
rather than understanding what the words mean, but memorizing can be a starting
point). For my older kids, we had a PSAT and later SAT prep program by Kaplan
(back then it was a thick book and a CD to use on the computer). You could take
tests, and then they showed you what kinds of errors you were making, so you
could improve your study. This also made taking the eventual SAT or ACT test
less stressful, because they’d done that so many times. I would very much have
resented anyone forcing me to have my kids take a certain test—which was
supposed to be a grade on me, the teacher, and wouldn’t do anything to help my
kids learn and study anything they might be missing.
Government
Strings
One of the “conservative” arguments against school choice is that anything you do will be used as a way for government to gain control over private and homeschools. While that’s a valid concern, it’s mostly irrelevant. We’re dealing with people who opt in—most of them coming from public schools. So any “strings” are what they’ve been dealing with all along. Any “choice” is better than no choice.
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Texas State Capitol, from a visit in 2018 |
The concern seems to be, “if a private school accepts a
student with ESA money, then they have to do what the government says.” In
reality, that has been limited to “public schools must be accredited.” I do have
a problem with that, because most private schools are not accredited, and there
is no correlation between accreditation and learning outcomes.
But there’s nothing in there related to curriculum. A
church-related school can continue its curriculum as always. So, then you’ve
got the other side exclaiming that we can’t have government money going to a
religion-related entity—as if that church/state argument even applied here.
DeAngelis points out that we have many places where
government funds are used in this manner: Pell grants, GI bills, for example,
and Medicaid vouchers can be used at religious hospitals. There’s no interference
with the school or hospital by the government, and no religious limitation on
the user. A GI bill can even pay for a person going to a seminary to become a
pastor. Why would we create such limitations on K-12 education?
I’m on a social media thread with precinct chairs across the
state. You would think these would be conservatives—and they think they are.
But there’s a subset in this group that are virulently anti-school-choice. They
claim that any Republican voting for the school choice bill (for which there is
not a final version yet) ought to be censured. They are ridiculous. They claim
there are all kinds of strings attached. So I looked.
As far as I can tell, here are the “strings”:
·
The STAAR or other standardized testing is required
in the Senate bill. This is already not in the House bill, and I will let my
representative know I’m against standardized testing in the bill. In the House
version, if a parent uses a standardized test, they’re required to send the result
to the Educational Assistance Organization (EAO), which will use it to measure
program effectiveness. This seems reasonable.
·
No spending on online, virtual, or out-of-state tuition
in the Senate bill. Again, this is not a limitation in the House bill, and I
will let my representative know I prefer the House version on this point.
·
Payments can’t go to family members. I
understand the purpose for this; a person could use the money to directly pay a
family member (to a third-degree relationship) for, say, tutoring or music lessons—whether
the service is offered or not, or whether the service is of qualifying quality.
It’s an accountability decision, and while I think it’s unfortunate, it is
reasonable to prevent fraud and abuse.
·
Funds are administered by Comptroller-appointed Education
Assistance Organizations (EAOs), which verify qualifications of students (so
they don’t receive benefits while also attending public schools), and to
disperse the funds according to the law. I don’t see an EAO as a “string,” per
se. Someone has to disperse the funds, or else the Comptroller’s office has to
create additional departments to handle these across the state, which is
essentially what an EAO is.
·
Mentioned just above, a student can’t receive
benefits while also attending public school. I understand the “double-dipping”
argument, but I hope it’s one we can eventually overcome. Why shouldn’t a
student be able to use part of their allotment for a public high school class—such
as band or theater or being on a sports team? That would be real choice. I’ve
suggested that idea to my representative, and she says our state just isn’t
there yet (even though the “less free” state of Washington was essentially
there 30 years ago). Texas led the way on getting homeschool freedom, but in
practically ever other way, our schools are stodgy.
·
Education providers must be pre-approved by the Comptroller.
I don’t know exactly what this means. I think it means, if I were a music
teacher, I would need to get some sort of certification. I have taught music
(at under standard rates) without a certificate. I don’t know if this would
burden the education provider or the parent. It’s to satisfy those “accountability”
worriers, but it’s unfortunate.
·
Only accredited private schools would qualify—leaving
out all unaccredited private schools including micro-schools, which
proliferated after the COVID shutdown, when parents figured out ways to do what
needed doing.
·
Parents, providers, and vendors must comply with
state auditing and monitoring procedures, as you would expect. (If we’d had
such compliance all along at the federal level, DOGE wouldn’t need to be doing
that job now.)
Overall, while it’s not perfect, and not as large a program
as I would like to see, nor as open to mixing and matching options (actually,
none of that at all), the House version is probably the best school choice bill
I’ve seen come before the Texas Legislature.
I think it will pass. I think, to use a retail term, it’s
the “loss leader,” the thing the legislature is using to convince us they’re
doing conservative things, while they fail on some other fronts, which will
have to wait for their turn in future sessions. We’re still kind of swampy in
Texas. But we’ll take what’s pretty good and work toward better in the future.
It’s a good start.