Progress on school choice in the
statehouse and courtroom during 2002 set the stage for an ambitious
2003 legislative agenda in many states and the U.S. Congress. Most
significant, the Supreme Court of the United States ruled in Zelman
v. Simmons-Harris that voucher programs do not violate the
Constitution even when participating schools are overwhelmingly
religious. Before the one-year anniversary of the Court's decision,
Colorado Governor Bill Owens signed into law the Colorado
Opportunity Contract Pilot Program, which will provide vouchers to
low-income students in low-performing school districts. The
Maryland legislature enacted a charter school law.
Meanwhile, the body of research supporting
choice grew considerably. This research, the Supreme Court's
landmark legal opinion, and the increased legislative activity on
choice provide a foundation for new programs that will empower
parents to choose the schools that best meet their children's
needs. Eleven states have publicly funded voucher or tax-credit
programs, and 40 states and the District of Columbia have charter
school laws. The 2002 legislative sessions saw the introduction of
more than 40 school choice bills, and 2003 holds the prospect of
even greater progress.
Remaining Challenges
Despite the growth of choice programs over
the past few years, the vast majority of poor children remain
trapped in failing schools. The nation spends more than $422
billion each year on elementary and secondary education, yet the
results of the most recent National Assessment of Educational
Progress (NAEP) tests in math, science, reading, history, and
geography were deeply disappointing. Nearly six in 10 high school
seniors lack even a basic knowledge of American history, and more
than half of the nation's low-income 4th graders cannot read at a
basic level.
Moreover, America's children have fallen
behind many of their international peers on tests of core academic
knowledge, particularly in math and science. Despite higher than
average per-pupil expenditures, American 8th graders ranked 19th
among their counterparts in 38 countries in math and 18th in
science on the most recent international comparison of proficiency,
the Third International Mathematics and Science Study-Repeat
(TIMSS-R) of 1999.
What Congress Should Do
Lawmakers can now make decisions informed
by a growing body of research that demonstrates that choice can
improve academic performance of at-risk students, promotes parental
satisfaction, and fosters accountability in public school systems.
In 2003, Congress will consider new choice legislation as well as
the reauthorization of several key federal education programs,
including the Individuals with Disabilities Education Act (IDEA).
This presents Congress with an excellent opportunity to expand
school choice, especially for the children who need it most.
Specifically, Congress should:
- Provide vouchers
to students in Washington, D.C. Congress should give
children in the District of Columbia access to schools of
excellence. Despite high per-pupil expenditures, children in D.C.
schools continue to suffer from high dropout rates and low academic
achievement. There are hundreds of private schools in the D.C.
metro area, most with tuitions that are less than the per-pupil
expenditure in public schools.
- Expand choice
for students with special needs. Congress should follow
the recommendations of the bipartisan Commission on Excellence in
Special Education and provide the parents of special-needs children
with a variety of educational options. Florida's McKay Scholarship
program, which grants vouchers to special education students to
attend a private or public school of choice, provides a model for
such a program.
- Hold oversight
hearings on choice.
Congress should hold hearings on how well the states and
school districts are implementing the choice and supplemental
services provisions of the No Child Left Behind Act. If it becomes
clear that there is insufficient will or capacity to give students
meaningful public school choice, Congress should enable students to
receive Title I vouchers under the Elementary and Secondary
Education Act to use for tuition at a private school of
choice.
Conclusion
2002
was a momentous year for the school choice movement. In addition to
the U.S. Supreme Court's decision upholding Cleveland's voucher
program, progress was made in the state courts against Blaine
amendments, which prohibit tax money from flowing to religious
institutions. Vestiges of a 19th century anti-Catholic movement,
state-level Blaine amendments have been used by some courts to
strike down voucher programs, while other courts have upheld choice
programs despite the provisions.
New
studies have added to the growing body of evidence showing that
competition created by school choice produces improvement in the
public school system and that when parents are empowered to choose
their children's schools--whether they choose public, public
charter, private, or home schools--all students can benefit.
Congress and the states now have an historic opportunity to give
parents new and meaningful options for the education of their
children.
Krista
Kafer is Senior Policy Analyst for Education at The
Heritage Foundation.