School Choice

Kentucky's National School Choice Week Celebration 2023

SCW 2023I was honored to speak at Kentucky's 2023 National School Choice Week event in Frankfort this last Tuesday, January 24. This year we held a press conference highlighting the current status of school choice efforts in Kentucky. I was joined on the stage by EdChoice Kentucky President Andrew Vandiver and Mindy Crawford, director of the Providence School, a private, faith-based school serving students with special needs. You can read coverage of the event from Kentucky Today here.

Kentucky families were dealt a blow last month when the Kentucky Supreme Court, in a decision that contradicted the legal reasoning of numerous state courts and even the US Supreme Court, unanimously struck down the new Education Opportunities Account law. As Mr. Vandiver pointed out in his remarks at our press conference, every neighboring state around Kentucky now has at least one or more school choice policy programs that help give low- and middle-income families or families with special needs children additional education options.

However, the fight for education options will go on in Kentucky and advocates are motivated like never before. Below is the full text of my remarks:

I’m so pleased to be here today to celebrate National School Choice Week. Of course I am not speaking to you today on behalf of my employer, but I am here as a career educator of 25 years.

Education is my life’s passion, and I’ve been blessed to work in and visit so many schools over the two and half decades I’ve served students and their families as a teacher, principal, district administrator, and professor. Many of those schools have been outstanding, but one of the things I’ve learned, both as an educator and especially as the dad of my own school-aged children, is that no school, no matter how good, can be a perfect fit for every child. That’s why I believe every family, no matter their income or zip code, should have access to the same kinds of excellent school choice options, both public and private, that my own family enjoys. It's time for Kentucky to finally get with the program and join the many other states that are funding students, not systems.

And I’m not alone in feeling this way. Polling data has shown again and again that Kentucky families want more education options. Not only do they want more options, they are also exercising their choices whenever they can.

In a research report I conducted for EdChoice Kentucky last August, I reviewed public school enrollment data over a five-year period, from 2018 to 2022. What we found is that the number of Kentucky families choosing to homeschool or send their children to nonpublic schools has skyrocketed. Across Kentucky, the number of children being educated in nonpublic school settings has risen by more than 20,000, a percentage increase of 26 percent, to an all-time high of almost 100,000 students. Last school year alone, Kentucky nonpublic school participation increased by more than 8 percent.

When you consider that some undetermined number of families are also choosing to send their kids to a public school outside of their own district boundaries, these numbers make clear that there is a strong demand for school choice. But unfortunately far too many families are unable to exercise such options.

Many of my good friends in the education establishment are afraid to give families choices because they worry it will hurt public schools. But that has not been the case in states that have embraced educational choice.

As an example, Florida has one of the most robust school choice policy environments in the country, with more than one and a half million students - almost half of the state's entire student population - choosing to attend a school other than their assigned public school option. Far from harming public schools, Florida enjoys higher levels of public school student achievement than Kentucky. In fact, Florida’s public school students outpace Kentucky’s public school students academically across every demographic.

Just last weekend I was blessed to visit Cristo Rey Salesian High School in Tampa Florida, which serves 200 students – and more every day – all from low-income families who otherwise could never access the kind of robust, faith-based, college preparatory program offered by Cristo Rey – except for Florida’s school choice policies.

Kentucky’s students deserve the same opportunities as students in Florida and the many other states that provide some form of education choice. Kentucky is an outlier in systematically denying low and middle income children education options enjoyed by every affluent family.

But not for long. The demand is clear and Kentucky will not give up the fight to make sure every student and every family is empowered to find the learning environment that best meets their needs. Like so many other states, Kentucky will break down those establishment barriers and find a way to fund students, not systems. The day is coming and I relish being a part of the fight and the inevitable victory for education freedom.


From Socialist Teacher to Conservative Professor

This essay was originally published on the website The Chalkboard Review on December 8, 2020. Sometime in 2022 the website was purchased by new owners who, without notifying me, removed all of my published essays. Given that the website operator has failed to respond to my inquiries about this removal, I can only conclude that my essays were deleted because of the philosophical or policy content. Therefore I am reposting these essays here.

Geographically, I have not traveled far as an educator. While I have lived away for a period of years, the university where I now serve as professor of education administration is the in the same town where I began my career as a social studies teacher at a nearby middle school 24 years ago. I live just 25 miles from where I grew up, the son of an elementary school teacher who never anticipated his own career as an educator.

Philosophically, though, my journeys have been broad, from socialist to libertarian to conservative. My core values have, by and large, never changed, but my understanding of how to effectively enact those values, especially in public policy and particularly in education, have shifted considerably. In a time when teachers unions and other forces within the education establishment try to pretend educators are monolithic in their (progressive to leftist radical) political views, it is more important than ever to tell our personal stories of dissent against the myth that teachers all share common views of school choice, pension reform, accountability, or even the purpose of education itself.

My parents were hard-working Baptists. There were socially conservative but between my factory worker father’s New Deal, labor-focused life experience and my schoolteacher mother’s Civil Rights era progressivism, by high school I had inherited a pretty ferocious left-leaning view of the world that made me decidedly liberal for our little Southern town. It was all deeply imbued with the Christian Social Gospel, a concern for justice and fairness for “the least of these, my brothers.”

When I started reading political theory in late high school, I discovered a strain of socialism that portended to be “democratic” and I was soon a dues-paying member of the Democratic Socialists of America. Contemporary socialist star Alexandria Ocasia-Cortez was in diapers at that point in time. Outside a small circle of left-wing political nerds, no one knew who Burlington mayor turned congressman Bernie Sanders was, but I did. I was reading Dissent, Mother Jones, and In These Times, organizing student groups to protest the Persian Gulf War of 1990-91, writing screeds that I tried to pare down as op-eds for the college newspaper, and wondering how I could make a living as a professional agitator with a degree in philosophy and religious studies.

After a year of graduate school studying religious ethics, I was looking for a way to be more “in the trenches” serving “the people” while also devoting time to writing and activism, and that’s when I first considered becoming a teacher. A few semesters later I had turned a minor in history into a certificate and was teaching middle school.

The year was 1996. A well-read libertarian friend was poking holes in my socialist worldview and I started picking up copies of Reason and Liberty magazine. The charismatic and well-spoken Harry Browne was the Libertarian Party candidate for president that year and he deeply impressed me. But the most important factor in me giving up socialism was becoming a public school teacher.

I was in a great school, but even as a first-year teacher, I immediately saw the enormous waste and inefficiencies of the system. I saw how many children were being poorly served, despite the best efforts of many teachers, because a government monopoly inevitably tends toward one-size-fits-all solutions that ultimately leave untold numbers of kids behind. I saw how unprepared I was a teacher for what my students really needed, how weak and inconsistent the curriculum was across classrooms, and, sadly, I saw incompetence on the part of some portion of my colleagues that was routinely ignored by school leaders and defended by their unions or professional associations.

I loved my job, but I could see that the public school system was deeply flawed, and its flaws mirrored virtually all of the bureaucratic, top-down, impersonal structures of socialism that were supposed to bring about equality of outcomes and peace on earth but never did, and in fact had historically wrought misery.

Over the next decade or so I drifted from right-libertarianism to left-libertarianism and back depending on which party held political power and what the major issues of the day were. I loved the clean, logical consistency of libertarianism even though I knew well there wasn’t a single place in history where such a system could be found in practice. But the realities weren’t that important because I was childless and busy building a career and had little time for practical politics anyway. My plans to be a professional rabble rouser quickly gave way to a new trajectory. I moved rapidly from teaching into school administration, eventually landing in a district-level role, earning a PhD along the way.

My views began to shift again when I started a family and became a professor at the college where I had earned a bachelor’s and master’s degree. I want to avoid over-generalizing because there is still much I admire in libertarianism, but it is a philosophy that tends to assume humans are totally free and unencumbered individuals just sort of floating in space until they voluntarily choose to associate with others for mutual benefit, or until someone else’s will is imposed on them, which always involves violence and something akin to slavery.

I did not find that view of the human person or of society particularly helpful as a parent. My children and I are bound together by love, yes, but also of necessity and nature. We don’t choose our families, and families are the most basic and necessary structures of human society.

Atomized individuals can’t effectively raise kids. Strong, intact families matter, something I had already observed in my own students. Whether their own families attend or not, healthy kids need lots of people in their community to regularly attend churches that actually press them to become better human beings and not just feel good about themselves (what sociologists Christian Smith and Melinda Lundquist Denton called “moralistic therapeutic deism,” the de fact religion of most American Christians). Successful families also need strong neighborhoods, vibrant communities of voluntary associations like sports leagues, church youth groups, and civic organizations that engage people in service to and with their neighbors.

All of these “intermediate institutions,” as the great conservative sociologist Robert Nisbett called them, have experienced enormous decay over the generations in ways directly related to the hyper-individualist, Progressive-driven, endless expansion of government on the one hand and the classically liberal/libertarian, all-mighty free market on the other, aided and abetting by a militantly secular (and later I would discover, Marxist) shift in Western culture itself.

I saw all of this first hand as a parent and as an educator. It didn’t happen overnight, but one day I woke up and knew I was a conservative in the sense that Russell Kirk understood the word. Tradition and values matter in preserving a civilization worth handing on to our children.

Kirk saw conservativism as an attitude and disposition more than a political program. But the conservative worldview has real policy implications, and I saw those more clearly than ever in education. From the professional protection and distance of a tenured university professorship, I began pursuing education policy work, especially around the issue of school choice. These efforts led to my involvement as a policy advisor and supporting scholar for state-level education reform groups, and eventually to an appointment on the state board of education.

The education establishment in my state, desperate to maintain its monopoly, has ferociously fought back against any effort to expand education choice for families yearning to give their children a different option. Thus far school choice supporters have lost more battles than we’ve won, but every day momentum builds, especially as parents have become more aware of how their children are doing in school during COVID and how every kid has unique needs not just any school can meet.

But conservatives have more to contribute to education policy than just school choice. The excellent collection of essays issued earlier this year, How to Education an American: The Conservative Vision for Tomorrow’s Schools, makes clear that conservatives should care not just how education is delivered, but about its actual content.

In my own experience, far too many schools, whether public, private, or charter - and far too many educators, including conservatives - have implicitly or explicitly adopted the attitude that education is all about vocational preparation: how we sort kids toward careers and train them in work habits that will make them productive contributors to the economy.

Certainly, this is an important goal for our schools, but it neglects the much older purpose of education, and one that is deeply connected to the cultivation of culture and the protection of our civilizational heritage. The first goal of schooling is to help families and communities cultivate virtuous citizens. The classical sense of liberty is to be free enough of selfishness that one can actually choose the good, the true, and the beautiful. And this should once again be the self-conscious goal of schools.

Along these lines, I have increasing turned my attention toward the dearth of meaningful instruction in social studies, science, and the arts, especially in early grades, and how standards and curricula in those subjects can be improved for all schools. I have argued that schools should not be shy about training students to be critical patriots, capable of loving their country even as they recognize and understand her many flaws. The battle for school choice definitely goes on, but there’s a battle to be fought for higher quality learning in all schools, no matter who they serve.

With such a journey from socialist to libertarian to conservative, is there a chance my views will change yet again in the future? I certainly hope I continue learning new things, appreciating new perspectives, and growing in wisdom.

What seems clear to me is that for the most part, my values have not changed in all these years, but only the means by which I think we best get there. I maintain the same commitment to equality of opportunity as I did as a loud, young, socialist teacher, but now with a much greater appreciation for the role that robust institutions of family, church, local communities, civic organizations, and other structures of civil society play in accomplishing those goals – and a deep concern to guard them for the future generations.

Meanwhile my intellectual past gives me a common language with – and a great deal of understanding and compassion for – those who occupy the political and philosophical spaces I used to tread. Though we may differ about tactics, I still believe the vast majority of educators share the same goals for what our schools should accomplish, and so there is much work to be done through constructive disagreement, and I still welcome that conversation.


Kentucky nonpublic school enrollment skyrockets

In the last five years, the number of Kentucky students being educated at home or in private schools has grown by more than 26%, to nearly 100,000 children, representing more than 15% of the state's student body.

In a report tracking these trends for EdChoice Kentucky (where I serve on the board of directors), I analyzed data available from the Kentucky Department of Education. These data show that homeschooling participation in Kentucky has doubled since 2017, to almost 20,000 students. Private school enrollment has grown by 10 percent during the same time.

Last year alone Kentucky saw an 8% surge in nonpublic education participation. Homeschooling grew by 11% in 2021-2022.

Last year's data also show record numbers of students with disabilities and English language learners being educated at home or in private schools. Contrary to the claims of some in the education establishment who assert that our most vulnerable students can only be successfully served in public schools, 25,000 Kentucky children with disabilities are being educated elsewhere. The number of students from immigrant families being served in nonpublic settings quadrupled last year alone. See Table 1 below from the report Ending the Status Quo: Kentucky's Parents Increasily Choose Nonpublic Education Options.

KY nonpublic enrollment trends

The data reports from the Kentucky Department of Education upon which this analysis are based can be found below:

Download 2018 Declartaion of Participation PNP Homeschool Totals

Download Declaration of Participation Report Summary for FY 2022

Download Copy of FY23 Declaration of Participation Report Summary with change from FY22

These data trends demonstrate a clear demand on the part of Kentucky familes for new education options, and policymakers should respond by making sure every student has access to those options, no matter where they live or their family's income. As I wrote in Ending the Status Quo,

At least since 2018 and in rapidly increasing numbers, Kentucky parents have challenged the status quo that dictates children have no education options other than what the local public school district provides. Massive surges in homeschooling and private education demonstrate there is a clear demand for school choice, and Kentucky’s leaders should respond accordingly.

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KY General Assembly 2022 Education Recap

KY_State_Capitol

The 2022 Kentucky General Assembly concluded its work last month. The Republican-dominated legislature made record financial investments long desired by the education establishment, but failed to pass all but the most modest bills that would further empower Kentucky parents with more choices and stronger voices in their children’s education.

The budget passed by lawmakers and signed by Governor Beshear invests billions of general fund dollars into Kentucky schools for each of the next two years. That investment includes $130 million to fund full-day kindergarten classrooms (almost all districts already provide full-day kindergarten but pay for half of it from local funds). The budget also includes $274 million in transportation funds, another major expense that local districts have been subsidizing themselves for years. Both of these provisions have been top priorities for educators since at least my own years of service on the Kentucky Board of Education (2016-2019).

The budget also fully funded the Kentucky Teacher Retirement System, allocating more than $2 billion over the biennium, far more than the actuarial amount required by law, and raised the base state education funding allotment to a record level of $4,100 per pupil per year next year and then $4,200 per pupil the following year. Millions and millions of dollars of new funds were approved for career and technical education, gifted and talented programs, early learning, and Family Resource-Youth Service Centers (FRYSC).

The left-leaning education establishment has long (and falsely) painted the Republican majority in the General Assembly as anti-education meanies, and in their typical fashion, I did not see much public gratitude to lawmakers for their lavish beneficence. In fact, some teachers took to social media to lambaste lawmakers for not also mandating a teacher salary increase like they provided for state employees.

These educators are barking up the wrong tree. The many millions of dollars local districts will now save on kindergarten and transportation can certainly be used for salary increases if local boards of education want to use those funds accordingly. A little gratitude seems in order here.

I’ve never objected to overall increases in education spending, though I don’t see any evidence doing so will have any meaningful impact on student learning if those dollars are spent indiscriminately. And I have never favored pouring more money into the system itself without greater accountability to parents through school choice. We ought to be finding ways to fund students, not systems.

Sadly, this year’s General Assembly passed up the opportunity to make significant strides in that direction. HB 305 would have corrected problems in last year’s education opportunity accounts law, but House leaders refused to even place it in committee for a hearing. And while HB 9 started out as a strong bill to restore charter school funding and improve authorization, the version of the bill that was ultimately passed (over Gov. Beshear’s veto of course) is likely the weakest charter school law in the country.

Other policies that would further empower parents and the public met similar mixed results with this general assembly.

SB 1 shifted principal hiring and curriculum decisions away from unaccountable School-Based Decision-Making Councils to the local district superintendent. That is a step in the right direction because at least superintendents are accountable to locally elected boards of education.

But far too often those local boards defer blindly to the recommendations of education bureaucrats or powerful adult interests like teachers’ unions. HB 121, which passed without the Governor’s signature, requires every regular local board of education meeting to include at least 15 minutes of public comment. That’s good, considering that some districts had stopped allowing the public to speak at their meetings when local citizens started voicing concerns about critical race theory (CRT), mask mandates and other topics.

SB 1, through its merger with SB 138, also addressed – in an indirect way – widespread public concern about CRT by improving the state’s social studies standards. Rather than restricting CRT, SB 1 stipulated  certain concepts that should be included in Kentucky social studies classrooms, including a set of important historical documents that previously did not appear in the state’s standards.

Again, this is a step in the right direction, and I think SB 138 avoids some potential unintended consequences of some of the other CRT-related bills. But it will not stop political indoctrination from taking place in Kentucky classrooms. To address that issue – which ultimately must be done at the local level - Kentucky needs to further empower the public to have direct access to the instructional materials being used in classrooms. Transparency provisions like this got no consideration from this General Assembly.

Likewise, lawmakers failed to protect parental rights over their children when it comes to health-related mandates. HB 51 would have given parents the right to opt out of school district mask and vaccine mandates. This bill passed the House but was not heard by the Senate.

What this legislative session suggests is that except for wildly popular (and justified), red-meat conservative issues like requiring Kentucky athletes to play sports according to their biological gender (SB 83), so-call conservative Republicans routinely demur when it comes to standing up for parents and the public against the education establishment.

This is bewildering because kowtowing to these groups will never earn their support when it comes election time. The establishment will always and forever favor Democrat candidates who just parrot their endless calls for more money and less accountability. School choice, educational transparency, nonideological instruction, and freedom from mandates are popular, not just within the Republican base that elects these lawmakers, but among voters in general.

The lessons of the 2022 General Assembly are clear: all the meaningful arguments in Kentucky policy are taking place on the right side of the political divide, and time and again the political establishment is siding with the education establishment. Voters are going to have to exercise a political solution if they want to see more common sense, transparency, choice, and accountability in the state’s education system.

Image: RXUYDC, Public Domain, via Wikimedia Commons


Will charter schools finally come to Kentucky?

Charter picThe Kentucky legislature has decided to redeem its failure to follow through on its flawed 2017 charter school law by trying again. HB 9 was introduced this week, and if passed as written it will correct a number of important problems with the 2017 law - which never yielded a single charter school - and may open the door to new educational options for thousands of Kentucky students.

As a long-standing supporter of charter schools, there is much that I admire in HB 9. It doesn't fully fund students, instead of systems, as I would prefer, but it goes a long way to creating a real possibility for high-performing charter options in some of our neediest districts.

Charter schools are public schools operated independently of local boards of education. They are tuition-free and open to all students. Most importantly, they are schools of choice, meaning no one can ever be compelled to attend a charter school. Students always go there because it's the first choice of their parents. And charter schools have consistently demonstrated outstanding student achievement results for students of color in urban areas. Read more about how charter schools work here.

Kentucky is one of only six states without charter schools.

In 2017, the state legislature passed a statewide charter school bill, but included a one-year funding mechanism. The next year they failed to take up the funding provision, and therefore no charter schools have opened in Kentucky. For five years Kentucky families who might have enjoyed the benefits of a charter school have been denied that option.

HB 9 addresses this problem by establishing a mechanism that would allow state and federal dollars to flow with a student to his or her chosen charter school. As long as the charter school is  also in the district where the student resides, local dollars would also follow, and also transportation dollars unless the district chose to deliver students to the charter school.

Other than fundraising, this transfer of dollars is the only way charter schools have of generating revenue. They depend on families choosing their services, and if they can't attract students, they can't stay open. HB 9 will mean charters that can draw students will have a reasonable shot at success.

HB 9 also addresses another serious problem with the 2017 law, which made local school districts the only entity that can authorize a charter school (the mayors of Lexington and Louisville could also choose to be authorizers, but neither has done so). Authorizers are the contract holders for charter schools, approving their application, providing oversight and making sure they meet their performance targets. But local school districts are never going to want to authorize a charter school that is going to compete directly with them for students. That puts both the charter applicant and the district in an unwinnable position. 

Also under the 2017 law, if a district denied a charter application the only appeal was to the Kentucky Board of Education. But in 2019, Governor Beshear fired all the members of the KBE on his first day in office, precisely because we were supporters of school choice. It's highly unlikely that the current board - appointed entirely by anti-school choice Beshear - is going to support a charter applicant in their effort to compete with local districts. 

HB 9 fixes these issues by creating new authorizers and a new appeals pathway. College and universities may select to be authorizers and special non-profit entities can be established for this purpose. More importantly, HB 9 creates a new statwide authorizing comission. While the governor will still appoint members of the commission, the bill tries to make the commission more politically independent and requires members to "have a stated commitment to charter schooling as an effective strategy for strengthening public education."

Applicants who are denied a charter by their first choice of authorizer my also appeal to the state authorizing commission instead of the Kentucky Board of Education.

Not every application for a charter will be high-quality. Authorizers should reasonably ensure that charter applicants have demonstrated a demand for a charter in their proposed community and assembled a plan for successfully meeting the needs of students. Applicants who don't should be denied. But charter applications should never be denied simply because authorizers or appeals boards don't want families to have choices other than the local public schools.  HB 9 strikes the right balance in this regard.

Unfortunately, HB 9 walks back the statewide nature of the 2017 charter law, stipulating that in any district with less than 5,000 students, the applicant must obtain a memorandum of understanding (MOU) from the local board of education, essentially offering their approval of the application. This will never happen, of course, unless the charter school is initiated by the local board itself. There is no appeal of this component of the bill. 

Less than 25 of Kentucky's 171 school districts have more than 5,000 students enrolled, so many, many communities are going to still be without the possibility of a charter school. This provision is clearly meant to give rural lawmakers cover to suport the bill since charters will not pose any competition to their local schools.

If there is a silver lining to this concession, though, it is that the demand for a charter school in small communities is probably already low. The districts serving over 5,000 students represent more than half of Kentucky's student population. And under public school choice provisions passed last year, students can cross district lines to attend a charter school, although local education dollars may not follow with them.

I wish HB 9 would have kept the option for charter schools statewide, but it nevertheless still represents a huge step forward in giving families new public school options.

For those who also support giving families more access to nonpublic schools, HB 9 also includes a provision that states that if the courts strike down last year's Education Opportunities Accounts (EOA) law, which only applied to the 8 largest counties, that program will immediately become statewide. This is a helpful failsafe to fend off the legal attack against school choice launched by public school districts last year.

It is not, however, sufficient to strengthen the EOA law and allow it to serve a maximum number of students. So lawmakers should continue to pursue and support HB 305 and SB 50 to make sure other education options besides charter schools are also available.

Of course the public school establishment will fight hard against this charter school bill, just like they fought hard against EOA's last year. Their loudest complaint is that charters are insufficiently "accountable." But charter schools face all the same accountability, transparency, and testing requirements as traditional public schools. They are more accountable, because if parents are unsatisfied with the services they are receiving, they can walk away. Low performing, poorly operated charter schools can be shut down, whereas low performing, poorly operated traditional public schools continue to suck down taxpayer dollars forever.

The real reason the establishment hates charter schools is that charters, homeschooling, private schools, and choice in general are a threat to their education monopoly for low and middle-income families (affluent familes already have school choice). Whatever value might accrue to those students by having another education option, the establishment values the dollars they represent far more, and are willing to bar the door to keep those children from leaving.

It's time for Kentucky to finally break down that door and give every family, regardless of income or zip code, the same kind of schooling options the affluent enjoy. HB 9 and HB 305 are important steps in that direction.

The image above is from the website of East End Preparatory Academy, a successful Nashville charter school serving high numbers of low-income minority students. Kentucky charters may provide similar opportunities for some our most vulnerable students.

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Fund Students, Not Systems

Last Saturday I was greatly honored to be a guest speaker at the first statewide event sponsored by No Left Turn in Education - Kentucky. 

NLTE-KY is the state chapter of a national organization dedicated to fighting against leftist indoctrination in K-12 school curricula, promoting greater transparency in what is being taught in K-12 schools, and empowering educators and parents. Saturday's conference, called "Irrigating Deserts," took its name from a quote by C.S. Lewis in Abolition of Man: "The task of the modern educator is not to cut down jungles but to irrigate deserts."

Fellow speakers included Dr. Wilfred Reilly, associate professor of political science and Kentucky State University; Dr. Bonnie Snyder from the Foundation for Individual Rights in Education (FIRE), and Pastor Cecil Blye of More Grace Christian Academy in Louisville. You can watch the conference in its entirety here. Below is my talk, "Fund Students, Not Systems."


In the speech I try to argue why education is a highly personal public good that should be treated like other public goods where the beneficiary gets to choose their own provider. I explain why the monopoly-like character of traditional public schools aggravates its many problems. And I explain different school choice policy mechanisms (charter schools, scholarship tax credits, and vouchers) and the status of each of those policies in Kentucky.

One point I started to make but got sidetracked was distinguishing the "education establishment" from rank and file teachers. There is no doubt that the education establishment is ferociously opposed to the idea that we should fund students, not systems. The establishment - the cabal of teachers unions, administrator organizations, and school boards associations - exist for the very purpose of defending the existing system. But I meet ordinary teachers and administrators every day who (quietly) express their agreement on school choice and a variety of other education reforms. 

I think I'm clear that my commitment is to students and their families, not systems, but part of the reason I fight so hard for this issue is also for my fellow educators who have so much to gain by letting every family choose the school that is the best fit for their child.


The fight for school choice in Kentucky - an update

Education history was made in Kentucky earlier this year when the state legislature passed - over the expected veto of Gov. Andy Beshear - one of the nation's most expansive school choice laws. But now the education establishment, in a last ditch effort to preserve their monopoly, is trying to use the court system to stop the law from being implemented. In this post I'll try to provide background on this issue, where things now stand, and what comes next.

Background on HB 563: The Education Opportunities Account (EOA) Act

HB 563 did two major things: a) changed state law to make it easier for families to choose a public school outside of the district where they reside, and b) set up a tax credit that encouraged private donations to scholarship programs (called educational opportunity accounts) that help low- and middle-income Kentucky families afford a wide variety of educational services. In the final version of HB 563, those services included using the private scholarship funds to offset tuition costs to attend private schools, but only for families in Kentucky's eight largest counties. 

Private scholarship programs to help families attend private schools already exist but the demand for these scholarship dollars far outpaces the amount of donations they currently receive. HB 563 encourages more donations by providing a non-refundable tax credit to donors. You can read more about HB 563 and how it works here.

Opposition from the education establishment - and their allies

The public school establishment opposes school choice in all its forms (scholarship tax credits, charter schools, vouchers, etc.) because they believe if families actually use these policies to choose a different school for their child, they will lose funding in one way or another. Of course, taking such a stand assumes that education dollars are for propping up systems (government run schools, their employees, and their infrastructure) rather than for helping students.

Here in Bowling Green, no one EVER says we are "stealing money" from Greenview Hospital if someone uses their Medicare benefit at the Medical Center. We don't think that way because we understand that Medicare is a benefit for individuals who should get a choice in who provides their care. It should be the same for education, except that we have a massive education bureaucracy that thinks taxpayers owe THEM something regardless of whether parents are satisfied with the education they are getting. They want to preserve their monopoly on education delivery for low and middle income families (higher income families already have school choice; they can buy houses in their desired school zone or afford tuition for a private school).

But in the case of HB 563, we are not talking about a transfer of public dollars like Medicare, but rather private dollars that are freely donated by individuals to help give families additional educational choices. Read more about how the arguments of opponents of EOA's don't make sense here and why it's wrong to ever argue that school choice "steals money from public schools" here.

Nevertheless, the education establishment in Kentucky is the single most powerful lobby in Frankfort, and they exerted enormous pressure on lawmakers to keep this bill from becoming law. Ultimately HB 563 passed the Kentucky House of Representatives by only one vote. Here in Warren County where I live, not a single member of the county's House delegation voted in support of school choice. In other words, "conservative" Republicans Reps. Sheldon, Meredith, Petrie, Riley, and McPherson all voted with ultra-left Rep. Patti Minter and Governor Andy Beshear in opposing the bill (McPherson voted no in spite of having signed a pledge to support school choice legislation). Happily, Sen. Mike Wilson of Warren County is one of Kentucky's long-standing and most stalwart supporters of school choice, and both the Senate and House overrode the Governor's expected veto of the bill.

Using the courts to preserve the education monopoly

We know from the experience of other states that when the education establishment loses a fight in the legislature, their very next move is to try to stop families from exercising their new education opportunities by suing in court. That's exactly what happened next.

In August, the so-called Council for Better Education, which is essentially a collaboration of public school districts, and led by the Warren County Public Schools, filed a lawsuit to stop implementation of HB 563. Participating districts agreed to commit at least 50 cents for every student enrolled to the legal effort. For Warren County, this means approximately $8,000 of taxpayer money will be used to stop Warren County families from access schooling options other than those offered by the Warren County Schools. 

Their shameless effort met with temporary success, however. In October, Franklin Circuit's reliably biased Judge Philip Shepherd sided with the districts and ruled that the EOA provision of HB 563 was illegal under Kentucky's Constitution. Shepherd ruled that the tax credit provision is an indirect appropriation of tax dollars to religious schools, something that is specifically forbidden under Kentucky's Constitution, even though a multitude of other court cases related to scholarship tax credits, including a ruling by the United State Supreme Court, rejects this logic. Shepherd also argued that singling out the 8 largest counties for family eligibility violated Kentucky's provision against "special legislation" but applies a legal standard previously unheard of in case law related to this issue.

Lawyers with the Institute for Justice, which is representing parents in the case, have appealed to the Kentucky Supreme Court and are confident based on Kentucky law and legal precedent that HB 563 will be upheld. I would love to see a hearing and rulings from the Supreme Court before the end of the calendar year, but it may well be into the next state legislative session, which begins in January, before we know the fate of the bill.

Where we go next: fund students, not systems

Regardless of when the legal challenge against EOA's is resolved, the state legislature needs to keep up its momentum with school choice. Lawmakers should expand HB 563 to make families eligible to participate statewide (which would deny the districts one of their legal arguments) and to remove a 5-year sunset provision that will make the law disappear if the legislature doesn't take action, as well as create a provision that will allow the program to expand if scholarship programs are successful in raising money for eligible students.

Beyond the EOA Act, however, lawmakers need to advance the idea that education dollars are for funding students, not systems. Education should be like every other highly personal public good that receives a public subsidy, including Medicare, Medicaid, Pell grants, and even the food stamp program, which gives beneficiaries the chance to choose a provider that best meets their needs. 

Finally, local boards of education that are using taxpayer dollars and public resources to oppose school choice should be held accountable to voters. Board members represent taxpayers and families, not the education bureaucracy, and voters need to remind them of that in the most direct kind of way.


Homeschooling surges in Kentucky

HomeschoolHomeschooling is exploding in popularity across the United States and here in Kentucky.

COVID-related school closures, mask mandates, and concerns about what students are learning may all be contributing to the exodus of families from traditional public schools. It is too soon to know whether these students may eventually return, but there are indications that many of these families are happy with their decision. The education establishment needs to pay attention, and policymakers need to find ways to give every family the opportunity to choose the school setting that works best for their children.

Data from the Kentucky Department of Education show that at the end of the 2020-2021 school year, approximately 90,000, or 14% of the state's school-aged students, were being schooled outside of the P-12 public education system. Of that 90,000, about 35,000 were homeschooling, an increase of about 16,000 students - or a whopping 84% increase compared with similar data from 2018, just three years earlier, when approximately 19,0000 children were identified homeschoolers.

Download 2021 Declaration of Participation Report Summary 062921

Private school enrollment increased during the same period, but only by about 1,000 students. Overall nonpublic school enrollment grew from about 11% to about 14% of the total student population, but almost all of that was driven by homeschooling.

There are some key things to consider when looking at these data. First, I'm comparing last year's enrollment with 2018, the most recent year for which I had a similar KDE report. It's possible that these numbers have been steadily growing the last three years and didn't necessarily skyrocket in 2020-2021. A look at the 2019-2020 data could confirm or disprove that. But given nationwide homeschooling trends, it's likely that most of the homeschooling explosion took place last year during widespread school shutdowns since across the United States about 3% of all students left the public education system and homeschooling among Black and Latino families is at an all time high.

Download 2018 Declaration of Participation PNP Homeschool Totals

It's also possible that some of these students returned to public schools this academic year. Those data aren't available yet to confirm. But my sense is that something has fundamentally changed in parents' attitudes toward the public education system.

To put it bluntly, parents are sick of the inefficiencies, adult-centered decisions, one-size-fits-all lack of innovation, and creeping leftist ideologies in far too many public schools. These were all underlying problems with the education system prior to COVID, but the pandemic also turned schools into a means for power-hungry politicians to exert illegitimate control over the system and to pander to their ideological base. 

In Kentucky, Governor Andy Beshear ordered a statewide shutdown of schools early in the pandemic, and then tried to bully districts into remaining closed when school was scheduled to start in the fall. The union-controlled boards of education in large districts like the Jefferson County Public Schools chose to keep schools closed almost the entire year until pressure from the legislature resulted in a partial reopening.

This school year, Beshear continued his overreach by trying to force all schools to require children to wear masks, and then when he was reined in by the state legislature local boards of education voluntarily pandered to discredited public health entities and left the mask requirements in place, despite no meaningful scientific evidence that such mandates protect children from the spread of COVID.

Meanwhile, parents expressing legitimate concerns about how critical race theory may be influencing what is taught in schools have been labeled by the National School Boards Association and the federal government as "domestic terrorists."

To add insult to all of these injuries, the education establishment in Kentucky has fought ferociously to stop parents from having other options in where their children can attend school. Numerous districts used taxpayer money to launch a lawsuit to stop Kentucky's new education opportunities account (EOA) law, which provides privately-funded scholarships to help eligible families access education supports, including private school tuition, and other services that could potentially apply to homeschooling families.

Last week, Andy Beshear's favorite liberal judge struck down the law in a ridiculous ruling that will ultimately be overturned on appeal. It was a temporary victory for the education establishment and its schooling monopoly, and a temporary defeat for Kentucky parents and children, but in the long run families will prevail.

The exodus of families from the public schools should be a wakeup call to educators. Schools must become more responsive to parent concerns, be transparent about what students are learning, and recognize that education dollars are for students, not systems, or families will continue voting with their feet.

And policymakers should empower parents with more options. Kentucky's EOA law should be expanded, charter schools should be funded, and ultimately education funding should follow students to the school of their parents' choice, including to purchase textbooks, curricular materials, and other costs associated with homeschooling.

A sleeping giant has been awakened. It's time for Kentucky's education system to become accountable to the families it serves.

Image above is the "school room" in the former home of a homeschooling family here in Bowling Green - and the lovely house happens to be for sale! Learn more here.

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Give parents options to "woke mathematics"

In my latest op-ed for Commonwealth Educational Opportunities with co-author John Garen, now published in multiple newspapers across the state, we highlight a new "anti-racist" math program in the Jefferson County Public Schools. We contrast this with the approach to rigorous math instruction made most famous by Jaime Escalante at Garfield High School, featured in the movie Stand and Deliver.

We argue that parents deserve to be able to choose a school for their children that reflects their preferences when it comes to things as important as math instruction:

If Jefferson County Public Schools won’t provide a high-quality math curriculum to all its students, families deserve other schooling options. Let education funding follow students to the school of their family’s choice. If families want “woke” mathematics, they can get it from JCPS. Or if they want the kind of rigorous mathematics that transformed lives at Garfield High School, they can get it from a school that will actually provide it.

Read the whole thing here.
 

 


Kentucky’s SBDM Councils and critical race theory

The national controversy over critical race theory (CRT) and how it is presented in K-12 schools has come to Kentucky. (See my discussion of Bill Request 60, which would prohibit key components of CRT, and why this whole issue is a source of legitimate concern for everyone). 

The Gallatin County Board of Education recently became the first district in Kentucky to try to ban the teaching of CRT in its schools. I haven’t been able to obtain the precise wording of the board’s resolution or action, but Superintendent Larry Hammond issued a statement explaining the board’s decision:

Gallatin County Board of Education feels strongly that individual student needs remain a priority in all aspects of planning and service delivery.  The Board further expects and promotes student needs being met equitably.  Such examples would include contracts to provide increased services to meet mental and behavioral health issues of students without respect of sex, race or socio-economic status.  The Board also believes no individual is “inherently racist, sexist or oppressive” due to their race or sex, “whether consciously or unconsciously”.   Agenda item VI.I. from the June 15 BOE meeting “Discussion/Action to Ban Critical Race Theory in Gallatin County School District” was a statement to affirm the belief and commitment to ensure every child’s needs will be met.  Furthermore, the effort was to not create greater divisions among students and staff through the promotion of CRT.

It is not clear to me, however, that a local board of education can legally stop a local school from adopting a curriculum or instructional materials that include CRT’s controversial claims. 

This is because Kentucky’s law establishing School Based Decision Making (SBDM) Councils gives SBDM’s near total authority over such decisions. 

SBDM Councils are composed of 3 teachers elected by teachers in the school and 2 parents elected by parents of children in the school. If a school has minority students constituting more than 8% of its enrollment and the largest minority group isn’t already represented among the elected SBDM teachers and parents, additional teacher and parent members may be added, but the proportions of teachers to parents must be maintained. The school principal serves as chair of the council, which seeks consensus decisions but may operate by majority vote if consensus cannot be achieved. 

You can read the full statute on the SBDM Council’s composition and duties here

Among the Council’s responsibilities, outlined in section 2(g), is the following:

The school council shall determine which textbooks, instructional materials, and student support services shall be provided in the school. Subject to available resources, the local board shall allocate an appropriation to each school that is adequate to meet the school's needs related to instructional materials and school-based student support services, as determined by the school council. The school council shall consult with the school media librarian on the maintenance of the school library media center, including the purchase of instructional materials, information technology, and equipment;

The Office of Educational Accountability, charged with enforcement of SBDM law and regulation, has interpreted this to mean that school and district administrators may not usurp the Council’s authority when it comes to choosing curriculum and instructional materials. 

In one relevant instance, former Boone County Superintendent Randy Poe and two middle school principals were censured and forced to participate in additional SBDM governance training when several schools in the district adopted the Summit Learning curriculum without the express approval and involvement of the SBDM Council. 

While I am not aware of specific instances where local leaders tried to prohibit a school from adopting a curriculum or instructional materials (I’d welcome information on this from readers who might know for sure), the logic would seem to extend in that direction also: a local board of education cannot tell an SBDM Council what curriculum it may or may not have. 

[Update, 6/21: I'm not an attorney, but a Kentucky Supreme Court case from 1995, Board of Education of Boone County v. Bushee, seems to make it clear that when there is a conflict between the autonomy of an SBDM and the authority of the local school board, unless the board’s greater authority is explicitly allowed for in state law, the SBDM prevails:

The above examination of these statutes clearly convinces this court that each participating group in the common school system has been delegated its own independent sphere of responsibility. State government is held accountable for providing adequate funding and for the overall success of the common school system. The local boards are responsible for the administrative functions of allocating funding, managing school property, appointing the superintendent, and fixing the compensation of employees. The councils are responsible for the site based issues, including but not limited to, determining curriculum, planning instructional practices, selecting and implementing discipline techniques, determining the composition of the staff at the school, and choosing textbooks and instructional materials.

Emphasis added in the above.]

Under Kentucky law, if parents or citizens want to help shape what gets taught in an individual school, they have to appeal to the SBDM Council. 

Most Kentuckians are probably unaware of the work of SBDM Councils and their important responsibilities, which also include hiring school principals (with the superintendent serving as a Council member just for this purpose) and assigning personnel based on the staffing allocation received from the local board of education.

By and large SBDM Council members do their work with no fanfare and little appreciation. In my personal experience the teachers and parents who serve on councils work hard and sincerely want the best for students. In some schools parents have to be actively recruited (begged?) to run for Council.

But in most cases SBDM Councils tend to reinforce the status quo and operate according to the principal’s and teachers’ agendas. Parents, by statute outnumbered on councils, often lack the technical and cultural knowledge about how schools work and defer to teachers on key decisions.

Of greatest concern, non-parents have no representation on councils at all, despite their sizable responsibilities related to the deployment of public resources. They are largely unaccountable to the general public. If an SBDM Council wanted to adopt a controversial curriculum over widespread public opposition, there would be literally nothing the public - or the locally-elected board of education - could do about it.

Authors I greatly admire (see here and here) have argued that, despite the serious flaws in CRT assumptions, state-level bans on teaching critical race theory in schools is a form of big government overreach and sets a dangerous precedent.

I’m sympathetic to those arguments and believe that generally these issues are best handled at a local level. Parents and citizens must be far more aware and involved in SBDM Councils and insist on transparency for what is being taught in local schools.

But the flaws in Kentucky’s unique governance structure raise serious questions about how accountable SBDM Councils really are and what can be done if they override the will of the public. And that’s not to say that a strongly worded resolution from a local board of education wouldn’t carry a lot of weight. But for all these reasons Bill Request 60 and similar measures have started a valuable conversation about this topic.

Of course this also occurs at a time when some Kentucky school districts are suing taxpayers to stop the implementation of the state’s new school choice law. The education establishment can’t have it both ways. You can’t defend a system that isn’t really accountable to the public when it comes to curriculum and instruction and then insist that many families can have no other options.

Personally I’m happy for any school to openly teach anything it wants - as long as every family has the right to choose another school for their children. 

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