Government, Education, and Freedom

I did the above interview recently with ChoiceMedia.tv on the subject of education tax credits and vouchers, in which I argued that credits are a better way of ensuring universal access to the education marketplace. Credits can either directly reduce the taxes owed by families who pay for their own children’s education (as in Illinois and Iowa), or they can offset donations taxpayers make to non-profit k-12 scholarship programs that provide tuition assistance to the poor (as in Pennsylvania, Arizona, Florida, and several other states).

The interview elicited an important question from a commenter: If financial assistance for the poor comes from scholarship programs, isn’t there a risk that those programs will impose restrictions on how the scholarships can be used, thereby curtailing poor families’ educational options?

Minimizing that problem is actually one of the many reasons to prefer education tax credits over vouchers. Any time someone other than the parents is footing the bill for a child’s education, there is the risk that this third party is going to limit parents’ choices. The worst case, historically, has been when that third party is the government. When governments pay for schooling, there is a single set of regulations on what choices parents can make, and there is no way to avoid those regulations short of rejecting the financial assistance altogether—which the poorest families have difficulty doing. Vouchers bring with them this single set of government rules (and it is often an extensive one as I discovered in this study).

By contrast, scholarship tax credit programs, like the one in Pennsylvania, give rise to a multitude of different organizations that provide tuition assistance to poor families. If any one of those organizations decides to impose a particular set of restrictions on the use of its scholarships, it has no effect on any of the other organizations. Parents looking for financial assistance are thus free to seek it from a scholarship organization that aligns with their needs and values. The multiplicity of different sources of funding is instrumental—in fact it is essential—in ensuring that poor parents’ choices are not curtailed.

I’ve made this argument in a variety of places, most recently in a U.S. Supreme Court brief in the Arizona tax credit case ACSTO v. Winn.

Obama-Reid ‘Jobs’ Bill Soaked in Greece

A stated aim of the Obama-Reid jobs bill is to preserve the “competitive edge” that our “world-class” education system purportedly gives us. In an attempt to do that it would throw tens of billions of extra taxpayer dollars at public school employees.

A few problems with that: we’re not educationally world-class; we don’t have a competitive edge in k-12 education; and this bill would actually push the U.S. economy closer to a Greek-style economic disaster.

First, the belief that increasing public school employment helps students learn is demonstrably false. Over the past forty years, public school employment has grown 10 times faster than enrollment. If more teachers union jobs were going to boost student achievement, we’d have seen it by now. We haven’t. Achievement at the end of high school has been flat in reading and math and has declined in science over this period. I documented these facts the last time Democrats decided to stimulate their teachers union base, just one year and $10 billion ago.

So what has our public school hiring binge done for us? Since 1980, it has raised the cost of sending a child from Kindergarten through the 12th grade by $75,000 — doubling it to around $150,000, in 2009 dollars.

And what would going back to the staff-to-student ratio of 1980 do? It would save taxpayers over $140 billion annually.

But don’t those school employees need jobs? Of course they do. But we can’t afford to keep paying for millions of phony-baloney state jobs that have no impact on student learning. We need these men and women working in the productive sector of the economy — the free enterprise sector — so that they contribute to economic growth instead of being a fiscal anchor that drags us ever closer to the bottom of the Aegean. Freeing up the $140 billion currently squandered by the state schools would provide the resources to create those productive private sector jobs.

Continuing to tax the American people to sustain or even expand the current bloat, as Obama and Reid want to do, cripples our economic growth prospects by warehousing millions of potentially productive workers in unproductive jobs. The longer we do that, the slimmer our chances of economic recovery become. This Obama-Reid bill is such an incredibly bad idea, so obviously bad, that it is hard to imagine any remotely well-informed policymaker supporting it… unless, of course, they think the short term good will of public school employee unions is more important than the long-term prosperity of the American people.

Could You Modify It ‘To Stop Students From Becoming This Advanced?’

The free Web tutoring service “Khan Academy” has gotten much well-deserved attention, including a feature story in the current issue of Wired. That story includes a quote that literally took my breath away:

Even if Khan is truly liberating students to advance at their own pace, it’s not clear that the schools will be able to cope. The very concept of grade levels implies groups of students moving along together at an even pace. So what happens when, using Khan Academy, you wind up with a kid in fifth grade who has mastered high school trigonometry and physics—but is still functioning like a regular 10-year-old when it comes to writing, history, and social studies? Khan’s programmer, Ben Kamens, has heard from teachers who’ve seen Khan Academy presentations and loved the idea but wondered whether they could modify it “to stop students from becoming this advanced.”

This attitude is a natural outgrowth of our decision to operate education as a monopoly. In a competitive marketplace, educators have incentives to serve each individual child to the best of their ability, because each child can easily be enrolled elsewhere if they fail to do so. That is why the for-profit Asian tutoring industry groups students by performance, not by age. There are “grades,” but they do not depend on when a student was born, only on what she knows and is able to do.

But why should a monopolist bother doing that? It’s easier just to feed children through the system on a uniform conveyor belt based on when they were born.

We Must Protect This Failing House! (And To Heck With the Kids In It)

The New York Times’ “Room for Debate” website is once again hosting a forum on education, to which I have contributed some thoughts. The topic: whether there should be federal tax credits for home schoolers.

I won’t rehash my contribution — obviously, you can read it right on the site — but I wanted to respond quickly to two other entries.

The first is from Chester Finn, president of our favorite conservative sparring partner in education, the Thomas B. Fordham Instititute. I just want to thank him for substantiating a warning I offer in my contribution: Create federal home-schooling credits and don’t be surprised if you also get requirements that home schoolers be judged on stultifying standardized tests.  It’s exactly what Finn calls for:

In return for the financial help, however, home-schooled students should be required to take state tests, just as they would do in regular school, charter school or virtual schools. And if they don’t pass those tests, either the subsidy vanishes or the kids must enroll in some sort of school with a decent academic track record.

The second person I want to respond to is former Bush II official Susan Neuman, who generally offers the right advice by warning even more starkly than I did that home schoolers demanding tax credits are making a deal with the regulatory devil. That’s fine, as is her reporting that by what indications we have “children who have been home-schooled do remarkably well, attending well-respected colleges and universities and going on to successful careers.” Unfortunately, all that was preceded by the Reductio ad Hitlerum of education debates: Smearing any effort to even the playing field between public schools and other educational arrangements as an “attempt … to destroy public education.”

I know that this will never catch on with people determined to preserve public schools’ near-monopoly on tax dollars no matter how well other arrangements actually educate children (not to mention serve taxpayers and society overall), but it is time to stop treating public education as if it is synonymous with public schools! Indeed, you demonstrate more dedication to public education if you fight to get kids access to the best education wherever it is offered than if you make your ultimate goal preserving government schools. Yet the monopoly defenders insist on smearing choice advocates as being at war with public education.

Stop with this trashy tactic. Wanna say supporters of educational choice are at war with public schools? Fine. But with public education? Sorry — if anything, they’re the ones truly fighting to get the best possible education for all.

No Cheers for Title IX

For supporters of Title IX, it’s time to put down the pom-poms.

From the start, Title IX has been an unnecessary and destructive imposition of government and bureaucracy into college sports, substituting regulation and litigation for the free choices of women and men. But yesterday’s ruling that competitive cheerleading isn’t a sport — a decision worth reading just for its brilliant illustration of the torturous athlete-accounting and word-parsing Title IX demands – highlights how truly absurd it has become.

For one thing, tell the women (and men) in competitive cheer that it isn’t a sport – most would probably beg to differ. Much more important, when we have judges ruling what does or does not constitute a sport we have clearly given up way too much freedom in our supposedly free society. Finally, the very basis for Title IX – the notion that women will be systematically and unfairly barred from various activities by misogynistic colleges — just makes no sense, especially today. The fact is, women make up the very large majority of college students, and hence can dictate terms to schools. At least, they can dictate terms if schools want to keep competing in the sport we call “staying in business.”

Which brings us to what probably really scares Title IX fans: Women almost certainly don’t want to participate in intercollegiate athletics as much as men do, a likelihood evidenced by everything from hugely greater male participation in open-access intramural sports, to men choosing ESPN and women choosing Facebook while on the Web. The problem, of course, is that to admit that would be to lose the ability to push schools around with the big ol’ federal government.

Teachers Suspended for Class about Constitution

This can’t be happening.  Teachers suspended from their posts for showing students a film about the Constitution!  I can understand the initial parental inquiry–if a student did say “I was taught how to hide drugs.”  There are such films on the market and those would certainly not be appropriate for school.  But instead of gathering the facts, the school authorities seem to have made a terrible and unjust decision to suspend these teachers.  The Busted film is about constitutional law and police encounters–showing people that they can lawfully stand up to the police and decline to approve a search of their home and belongings, and decline to answer police questions.  Hopefully, the ACLU or FIRE will come to the defense of these teachers and get them reinstated fast.

Flex Your Rights, which produced the Busted film, recently released an even better film called 10 Rules for Dealing with Police.  Cato hosted the premiere screening here in DC.

School Laptop Spycams Took 56,000 Pictures

Last week, I wrote that we’d learned that the Lower Merion School District may have gathered many more photos of more students than had previously been revealed. Now, the Philadelphia Inquirer has put a number on it: A security program installed on laptops assigned to students captured 56,000 images over the course of two years, including screenshots (showing programs in use and private messages being sent) and surreptitious webcam photos of students at home.

Many of these images, it should be noted at the outset, do appear to have come from laptops that really had been stolen. Almost two-thirds of the total came from six laptops that had been stolen from a high school gym, and which kept transmitting for  almost six months, though even there it’s a close question whether a warrant should have been obtained. (Why it took six months to recover the laptops with an active security program running is a good question for another time.) But many of those pictures seem much harder to justify:

[I]n at least five instances, school employees let the Web cams keep clicking for days or weeks after students found their missing laptops, according to the review. Those computers – programmed to snap a photo and capture a screen shot every 15 minutes when the machine was on – fired nearly 13,000 images back to the school district servers.

Emphasis added. The district also says it only once activated the tracking program because a student had not paid the $55 insurance fee required before taking a laptop home. Blake Robbins, the student whose lawsuit brought the story to national attention, says that one case was his.  That raises obvious questions about whether school officials might have exercised their discretion to activate the tracking program more readily in the case of particular students. The activation procedure itself hardly imbues one with great confidence: Apparently 10 school officials had the authority to request laptop tracking, which they might do with a simple informal e-mail.

Just turn this over in your head for a moment. You’ve got ten different administrators—and in practice, the network techs themselves—able to turn a child’s home laptop into a remote surveillance camera just by sending an e-mail reporting that a laptop is missing, or that a fee didn’t get paid on time. The laptop can take thousands of photos over the course of days or weeks, with neither parents nor students any the wiser until a scandal forces closer scrutiny. If Robbins hadn’t been confronted, or if administrators had made a point of deleting these pictures of children at home rather than keeping them lying around in storage indefinitely, there’s no reason to think anyone would ever have known.  How many tens of thousands of parents have kids in one-to-one school laptop programs now? What don’t they know?

Students Have the Right to Free Speech, Too

A northern Texas school district attempted to banish all religious expression from its schools by prohibiting virtually all non-verbal student speech in any school-related context.  Officials used this broad policy to promote an anti-religious orthodoxy and root out any and all religious speech. The Supreme Court made clear, however, in its seminal school speech case, Tinker v. Des Moines Independent Community School District, that students enjoy First Amendment rights, and that core political and religious speech cannot be suppressed without showing that the speech will “materially and substantially disrupt” the educational process.

Here, the Fifth Circuit upheld all of the district’s regulations and found that Tinker did not supply the relevant legal standard.  It instead applied the intermediate scrutiny “time, place, and manner” test of United States v. O’Brien. At issue is whether the school district’s speech policy should be evaluated under Tinker’s “substantial disruption” standard or under O’Brien’s intermediate scrutiny.

Cato, joined by three groups that promote religious liberty, filed a brief asking the Supreme Court to take up the case because the Fifth Circuit’s approach permits schools to enforce sweeping speech codes by which virtually all speech may be prohibited.  Permitting a wholesale content- and viewpoint-neutral ban on all speech or a form of speech as an alternative to the Tinker standard will result in the erosion and eventual elimination of student speech rights.

The name of the case is Morgan v. Plano Independent School District; the Court will likely decide by the end of June whether to hear the case this fall.


Food Stamps on Campus

Food stamp usage is on an upsurge as a result of the economic downturn and liberalized eligibility. Thanks to some good journalistic work from Aleksandra Kulczuga of the Daily Caller, we’re getting a better picture of how government dependency is spreading to a new generation.

Kulczuga reports that college students are increasingly going on the dole thanks to encouragement from college officials and poverty organizations dedicated to fomenting government dependency.

From the article:

Adam Sylvain, a sophomore at Virginia’s George Mason University, recounted a recent conversation with friends in his dorm room. “My roommate told me he applied for food stamps, and they told him he qualified for $200 a month in benefits,” Sylvain said. “He’s here on scholarship and he saves over $5,000 each summer in cash.”

“A few of our other friends who were in the room also said if there were able to, they would get food stamps … They think that if they’re eligible it’s the government’s fault, so they might as well,” Sylvain said.

Students at GMU can buy a meal plan for $1,275 that provides 10 meals a week for the semester — that’s $71 a week.

When I was in college, my friends and I worked during the school year and through the summer to fund our expenses. My father worked multiple jobs to pay his way through college while supporting a young wife. He grew up in a family headed by a single mother that relied on extended family and charities to help them through tough times. He may have been eligible for food stamps in college, but he would have never taken a government handout.

Today’s generation seems to be different. This Salon article tells of unemployed college grads using food stamps to purchase organic food at high-end grocers like Whole Foods.

From the article:

At Magida’s brick row house in Baltimore, she and Mak minced garlic while observing that one of the upsides of unemployment was having plenty of time to cook elaborate meals, and that among their friends, they had let go of any bad feelings about how their food was procured.

“It’s not a thing people feel ashamed of, at least not around here,” said Mak. “It feels like a necessity right now.”

Savory aromas wafted through the kitchen as a table was set with a heaping plate of Thai yellow curry with coconut milk and lemongrass, Chinese gourd sautéed in hot chile sauce and sweet clementine juice, all of it courtesy of government assistance.

Remember that many of these students probably had their college educations subsidized by the government as well.

Obama’s Education Proposal Still a Bottomless Bag

This morning the Obama Administration officially released its proposal for reauthorizing the Elementary and Secondary Education Act (aka, No Child Left Behind). The proposal is a mixed bag, and still one with a gaping hole in the bottom.

Among some generally positive things, the proposal would eliminate NCLB’s ridiculous annual-yearly-progress and “proficiency” requirements, which have driven states to constantly change standards and tests to avoid having to help students achieve real proficiency.  It would also end many of the myriad, wasteful categorical programs that infest the ESEA, though it’s a pipedream to think members of Congress will actually give up all of their pet, vote-buying programs.

On the negative side of the register, the proposed reauthorization would force all states to either sign onto national mathematics and language-arts standards, or get a state college to certify their standards as “college and career ready.”  It would also set a goal of all students being college and career ready by 2020. But setting a single, national standard makes no logical sense because all kids have different needs and abilities; no one curriculum will ever optimally serve but a tiny minority of students.

Also, on the (VERY) negative side of the register, Obama’s budget proposal would increase ESEA spending by $3 billion from last year — for a total of $28.1 billion — to pay for all of the ESEA reauthorization’s promises of incentives and rewards. That’s $3 billion more that the utterly irresponsible spenders in Washington simply do not have, and that would do nothing to improve outcomes.

Even if this proposal were loaded with nothing but smart, tough ideas, it would ultimately fail for the same reason that top-down control of government schools has failed for decades. Teachers, administrators, and education bureaucrats make their livelihoods from public schooling, and hence spend more time and money on education lobbying and politicking than anyone else. That makes them by far the most powerful forces in public schooling, and what they want for themselves is what we’d all want in their place if we could get it: lots of money and no accountability to anyone.

As long as such asymmetrical power distribution is the case — and it’s inherent to “democratic” control of education — no proposal, no matter how initially tough, is likely to make any long-term improvements. As the matrix below lays out, no matter what combination of standards and accountability you have, politics will eventually lead to poor outcomes. It’s a major reason that the history of government schooling is strewn with “get-tough” laws that ultimately spend lots of money but produce no meaningful improvements, and it’s a powerful argument for the feds complying with the Constitution and getting out of education.

When all is said and done, you can throw all the great things you want into the federal education bag, but as long as politicians are making the decisions you’ll always come up empty.

Big Teacher Is Watching

Researching government invasions of privacy all day, I come across my fair share of incredibly creepy stories, but this one may just take the cake.  A lawsuit alleges that the Lower Merion School District in suburban Pennsylvania used laptops issued to each student to spy on the kids at home by remotely and surreptitiously activating the webcam built into the bezel of each one. The horrified parents of one student apparently learned about this capability when their son was called in to the assistant principal’s office and accused of “inappropriate behavior while at home.” The evidence? A still photograph taken by the laptop camera in the student’s home.

I’ll admit, at first I was somewhat skeptical—if only because this kind of spying is in such flagrant violation of so many statutes that I thought surely one of the dozens of people involved in setting it up would have piped up and said: “You know, we could all go to jail for this.” But then one of the commenters over at Boing Boing reminded me that I’d seen something like this before, in a clip from Frontline documentary about the use of technology in one Bronx school.  Scroll ahead to 4:37 and you’ll see a school administrator explain how he can monitor what the kids are up to on their laptops in class. When he sees students using the built-in Photo Booth software to check their hair instead of paying attention, he remotely triggers it to snap a picture, then laughs as the kids realize they’re under observation and scurry back to approved activities.

I’ll admit, when I first saw that documentary—it aired this past summer—that scene didn’t especially jump out at me. The kids were, after all, in class, where we expect them to be under the teacher’s watchful eye most of the time anyway. The now obvious question, of course, is: What prevents someone from activating precisely the same monitoring software when the kids take the laptops home, provided they’re still connected to the Internet?  Still more chilling: What use is being made of these capabilities by administrators who know better than to disclose their extracurricular surveillance to the students?  Are we confident that none of these schools employ anyone who might succumb to the temptation to check in on teenagers getting out of the shower in the morning? How would we ever know?

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Public Schools = One Big Jobs Program

Who said public schooling is all about the adults in the system and not the kids? Everyone knows it’s even more basic than that: Public schooling is a jobs program, pure and simple. At least, that’s what one can’t help but conclude as our little “stimulus” turns one-year old today.

“State fiscal relief really has kept hundreds of thousands of teachers and firefighters and first responders on the job,” declared White House Council of Economic Advisers head Christina Romer today.

Throwing almost $100 billion at education sure as heck ought to have kept teachers in their jobs, and the unemployment numbers suggest teachers have had a pretty good deal relative to the folks paying their salaries. While unemployment in “educational services” – which consists predominantly of teachers, but also includes other education-related occupations – hasn’t returned to its recent, April 2008 low of 2.2 percent, in January 2010 it was well below the national 9.7 percent rate, sitting at 5.9 percent.

Of course, retaining all of these teachers might be of value to taxpayers if having so many of them had a positive impact on educational outcomes. But looking at decades of achievement data one can’t help but conclude that keeping teacher jobs at all costs truly isn’t about the kids, but the adults either employed in education, or trying to get the votes of those employed in education. As the following chart makes clear, we have added teachers in droves for decades without improving ultimate achievement at all:


(Sources: Digest of Education Statistics, Table 64, and National Assessment of Educational Progress, Long-Term Trend results)

Since the early 1970s, achievement scores for 17-year-olds — our schools’ “final products” — haven’t improved one bit, while the number of teachers per 100 students is almost 50 percent greater. If anything, then, we have far too many teachers, and would do taxpayers, and the economy, a great service by letting some of them go. Citizens could then keep more of their money and invest in private, truly economy-growing ventures. But no, we’re supposed to celebrate the endless continuation of debilitating economic – and educational — waste.

You’ll have to pardon me for not considering this an accomplishment I should cheer about.