School Choice Precedents
In early 1998, Pennsylvania's Southeast Delco School District adopted a local student grant program to begin with the next school year. It would have provided $250 for each kindergarten student, $500 for students in grades 1-8, and $1,000 for each 9-12 high school student to attend a school of his or her choice, public or private.
A coalition of opponents promptly asked the Delaware County Court of Common Pleas to stop the program. Six months later Judge Joseph Battle ruled against the program saying, "A common sense reading of the public school code results in a finding that there is not any express authority granted. for the board's action.
The decision was not appealed. One reason why, besides the possibility of losing, is that, since Judge Battle's decision was based on the Pennsylvania Public School Code, it could be satisfied by legislative amendment. That would avoid the necessity of expending time and money required by a lengthy court case, or attempting to amend the state constitution.
Modifying the public school code could give local school boards express authority such as that which Southeast Delco was attempting to exercise. Requests were made that such an amendment be passed. The state senator whose district includes the state capitol predicted it would happen by June of the next year. It didn't, and hasn't. Yet even the Pennsylvania School Boards Association (PSBA), which opposes vouchers, took the side of the Southeast Delco School Board before the court, arguing that the local district should have the broader authority to take such an action.
The Southeast Delco plan would make eminent sense for many districts across the nation, even from the point of view of the professional staff in the district though they don't see it.
A growing district, like Southeast Delco, could see significant savings if students going elsewhere made it possible to avoid new construction. Assume a district needs a new school for 500 students. Building costs are typically $30,000 for each pupil space, or $15 million for 500 pupils. Paying off a bond issue plus interest could double or triple that cost. That would bring the total cost to $30-45 million or more. Nor does this include operating costs thereafter.
When opponents "win" by preventing vouchers or other economical alternatives from being adopted everyone loses. Taking the more expensive route is one reason so many districts are facing budget problems.
Since the Southeast Delco effort, the U.S. Supreme Court, in the Zelman decision from Cleveland has upheld generally available vouchers as constitutional. Less well-known is that many school districts contract with outside groups to educate many at-risk students. A study a few years ago by Janet Beales for the Reason Foundation found public schools send 100,000 special education students to private schools. There are reportedly more than 3,000 private special education schools, and another 2,000 house 353,000 juveniles under court care.
Contrary to public perception, the Catholic parochial school system has numerous schools for disabled youngsters, for whom the schools receive public funds. In Pennsylvania, one diocese has three such schools enrolling special education students, including those from area public schools. Tuition is as less than the public schools spend on their own regular students. This, in essence, frees up additional funds for the regular school programs in these districts.
It is rare for these programs to face objection from the public school establishment and its defenders, or be faced with court challenges. The difference apparently arises from two facts. First, it is the districts that decide which students are removed from the regular classrooms, not the students and/or parents.
Second, it is most often the students with special needs, who are at-risk or who cause difficulties, that are sent to other schools and institutions, including religious-related ones, at public expense. There are few complaints about taking students and money from the district, or of "dumping" or "creaming."
Could this be because it is the district that does the selecting, and that retains the "cream?"
If districts can make such decisions without causing harm, why can't students and parents?
"Some parents will pick bad schools, but surely that is better than letting bad schools pick parents."
Jonathan Rauch, "TRB From Washington," The New Republic, November 10, 1997.
David W. Kirkpatrick is a Senior Education Fellow with the U.S. Freedom Foundation and The Buckeye Institute.
