Vouchers
improve education with choice and competition
Letters to the
Editor
Published June 15, 2005
Since 1999, the
Opportunity Scholarship Program has provided parents of students in
failing public schools with another option for their child's
education. The resulting gains in Florida education are unprecedented
nationally especially among disadvantaged students, proving once
again that competition improves services.
School choice
programs like OSP focus on improving educational outcomes for
children and in the process necessarily improve public schools
seeking student placements. The cost of ensuring this competition to
educate a few hundred students is trivial by comparison to the
public education budget. But the impact of the competition is
dramatic especially for financially disadvantaged parents and
students.
Last week, the
Florida Supreme Court heard arguments as to the constitutionality of
OSP. The crux of the dispute is whether the scholarship program, by
providing vouchers to parents who may choose to use them at a
religious or nonreligious school, violates the state Constitution.
In the past, courts have consistently upheld such programs on the
principle that a neutral program with a secular purpose is not
unconstitutional, even if religious institutions may ultimately
benefit.
The purpose of
OSP is not to "aid any sectarian institution." The program simply
provides funding to parents of eligible students who may choose any
private school. To allow choice, but prohibit parents from choosing
a religious school, would involve interpreting the state
Constitution to require discrimination against persons solely on the
basis of what they believe. Such an interpretation conflicts with
the federal free exercise clause as well as prior cases interpreting
the state Constitution, yet it is precisely what opponents of the
program demand.
School choice and
the competition and incentives that it provides for public schools
are radically helping to improve education. We owe it to our
children to continue to implement these values in education as
elsewhere in our society and to reject discrimination on the basis
of personal belief.
-- F. Philip
Handy, chairman, Florida State Board of Education,
Tallahassee
Private
schools need standards
Re:
Vouchers.
It's interesting
to note the recent news about the constitutionality of vouchers. It
is amazing to me how today's leaders are not as concerned about the
state Constitution and want to bend it to their will and
principles.
If the court
upholds vouchers, I believe the only way to do this fairly would be
to have all private schools administer the FCAT and be subject to
the same school grading system that all public schools are. How can
we justify putting people's hard-earned tax dollars into these
private schools if there is no proof that the money is being well
used?
--
Matthew Goldrick, Spring Hill
Education Week
Published: June 15, 2005
Justices Query Lawyers in
Fla. Court
Showdown Over Voucher Program
By Alan Richard
Florida’s Opportunity
Scholarships faced their most crucial test last week, as the state
supreme court heard arguments in a case about the constitutionality
of the voucher program.
In more than an hour of oral arguments in
Bush v. Holmes, held June 7 in
Tallahassee and shown live on the Internet, lawyers
sparred over the implications for school vouchers of language in the
Florida Constitution that bars religious institutions from receiving
state money.
Plaintiffs’ lawyer John M. West said that
religious schools using the vouchers are involved in “the religious
indoctrination of young children,” suggesting there is no way to
square the program with the state constitution.
But the state’s lawyers asked the court to
keep the vouchers, which they argued are no different from other
common forms of public aid that go to religious colleges, hospitals,
and other entities. They also stressed that the vouchers primarily
help poor and minority students.
“The Opportunity Scholarship program is in
aid of Florida’s children—period,” Florida Solicitor
General Christopher M. Kise said. “It’s not a clandestine way to
fund religious or sectarian schools. … This program is
constitutional.”
A decision in the 4-year-old lawsuit
challenging the vouchers, which about 720 students statewide used to
pay school tuition in 2004-05, could determine the future of
vouchers in the state, and slow or fuel the growth of private school
choice nationwide.
Two lower courts have ruled the Opportunity
Scholarships unconstitutional, citing the state’s so-called
Blaine amendment on funding for religious
institutions.
Although the U.S. Supreme Court has ruled
that the Cleveland voucher program, which includes
religious schools, passes muster under the federal constitution,
other state constitutions also include Blaine-style language that
voucher opponents argue prohibits state tuition aid for such
schooling.
Courtroom Drama
Justice Kenneth B. Bell wanted to know last
week why the U.S. high court’s 2002 decision in the
Cleveland case, Zelman v. Simmons-Harris, didn’t trump
the Florida Constitution. He also suggested that overturning the
Florida program might show hostility toward religious institutions,
which federal law prohibits.
Mr. West, a private lawyer hired to
represent the plaintiffs by the Florida Education Association,
responded that the state constitution’s Blaine
amendment contains “a far more specific restriction on the use of
public funds than does the federal establishment clause [of the
First Amendment].”
The Florida justices weighed
other factors, including whether the Opportunity Scholarships affect
the state constitution’s pledge to provide a uniform public
education system for all students.
Justice Harry Lee Anstead asked why the
court should leave the vouchers in place. “Wouldn’t that basically,
completely, undermine the system that has been provided in the
[state] constitution, for the free system of public schools?” he
said.
Mr. Kise argued for the state that the
vouchers are designed only to help students leave the lowest-rated
public schools. “That is very, very different than a wholesale
abdication of the public education system,” he said.
The court hearing also focused on whether
the vouchers have improved education in Florida. “In
1999, there were 78 failing schools, and last year there were 14,”
Justice Bell pointed out.
“That may be, sir, but … their assertion
that that result was linked to the Opportunity Scholarship program
is not supported,” Mr. West replied.
Lawyers defending the Opportunity
Scholarships said last week that if the Florida Supreme Court rules
the program unconstitutional under the Blaine
amendment, they will appeal the decision to the U.S. Supreme Court.
Bush
v. Holmes, which
takes its name from Gov. Jeb Bush, a Republican who first proposed
the Opportunity Scholarships, and retired educator and teachers’
union official Ruth D. Holmes, could affect more than 25,000 Florida
students’ ability to leave public schools through a variety of
state-sponsored tuition programs.
Ripple
Effect
The 700-plus students who used the
Opportunity Scholarships in the past school year were eligible to
leave public schools that had received F’s on their state report
cards in two of the previous four years. Judges in the lower courts
have allowed students to keep using the vouchers until the court
case is settled.
If the state supreme court rules the
Opportunity Scholarships unconstitutional, the state’s McKay
Scholarships, which allowed 14,300 students with disabilities to
attend religious or other private schools in the 2004-05 school
year, likely would face an immediate legal challenge. Other
Florida school choice programs also could be at legal
risk. ("Court
Showdown Over Fla. Vouchers Nears," May 25, 2005.)
Florida’s Blaine amendment—a reference to
James G. Blaine, the nationally prominent Maine Republican who
pushed for such constitutional language in the late 1800s—says in
part that “no revenue of the state … shall ever be taken from the
public treasury directly or indirectly in aid of any church, sect,
or religious denomination.”
Such amendments were seen as a way to keep
public money from going to non-Protestant religious
institutions.
A State Issue
The Blaine amendments or
similar provisions in 37 state constitutions have been challenged
before.
In 1998, the Wisconsin Supreme Court ruled
that its state constitution did not prohibit the
Milwaukee voucher program. ("Court Allows
Vouchers in Milwaukee," June 17, 1998.)
And in 1999, the Arizona Supreme Court ruled
the state’s individual-tax-credit scholarships, which rely on
private donations to help finance tuition at secular and religious
private schools, did not violate the state constitution. ("Tax Credits Pass
Muster In Arizona," February 3, 1999.)
But in 2004, the Colorado Supreme Court
overturned that state’s vouchers, which were aimed at helping
low-income students in urban areas. The suit against
Colorado’s vouchers was a Blaine-related challenge,
but the ruling avoided the church-state issue, citing local-control
provisions instead. ("Colo. Vouchers Now
Back In Political Arena," July 14, 2004.)
Then the U.S. Supreme Court, in its 2004
Locke v. Davey decision from
Washington state, allowed state aid to religious
colleges—except for scholarships to students majoring in theology.
("High Court
Upholds State's Bar On Aid to Theology Majors," March 3, 2004.)
Outside the Florida court last
week, an estimated 2,500 marchers braved the Tallahassee heat and
humidity to show their support for the Opportunity Scholarships and
other forms of school choice in the state, voucher supporters said.
Taking
Sides
Among them was Howard L. Fuller, the
national board president of the Black Alliance for Educational
Options and the director of the Institute for the Transformation of
Learning at Marquette University in Milwaukee.
Mr. Fuller, a former superintendent of the
Milwaukee schools, said after the march that the court
should allow the voucher program to continue.
“After 15 years [in
Milwaukee], we can clearly say that people have not
been indoctrinated, people have not been intimidated” if they use
vouchers to attend religious schools, he said.
John McKay, a Republican and former Florida
Senate president who helped enact the McKay Scholarships for
students with disabilities, said if the state high court rules
against the Opportunity Scholarships, he hopes state legislators
will move to protect the McKay program from litigation.
“I fortunately was able to pay for private
school for my daughter after a public school didn’t meet her needs,”
added Mr. McKay, the father of a grown daughter who was diagnosed
with learning disabilities, in an interview after the march. “We
have developed an education system where only those of means have
choices.”
National opponents of school vouchers also
monitored last week’s arguments.
“A decision to end this voucher program and
presumably other programs would be a major blow to groups who want
to promote the use of public dollars in private schools across the
country,” said Marc Egan, the director of the voucher strategy
center for the National School Boards Association, based in
Alexandria, Va.
The court could issue a decision before most
Florida schools reopen in August.
Vol. 24, Issue 40, Pages
1,20
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Advertisement

“School Choice
Loses Legislative Momentum,” June 8, 2005.
“Students Use
Vouchers to Leave School With ‘F’ Grade,” May 28, 2005.
“Court Showdown Over
Fla. Vouchers Nears,” May 25, 2005.
“Gov. Bush’s Voucher,
Class-Size Proposals Fail in 2005 Session,” May
18, 2005.
“Florida Vouchers
Dealt Another Legal Blow,” November 24, 2004.
“Florida Weighs
Impact of Ruling Against Voucher Program,”
September 1, 2004.
“Appeals Court
Strikes Down Florida Voucher Program,” August 16,
2004.
“Colo. Vouchers Now
Back In Political Arena,” July 14, 2004.
“High Court Upholds
State's Bar On Aid to Theology Majors,” March 3, 2004.
“Tax Credits Pass
Muster In Arizona,” February 3, 1999.
“Court Allows
Vouchers in Milwaukee,” June 17, 1998.
See other stories on education issues in Florida. See data on Florida's
public school system.
For background, previous stories, and Web
links, read Vouchers.

The Florida
Department of Education provides information about the state's
Opportunity
Scholarship program.
The National
School Boards Association provides summaries of recent court
decisions on school choice. See also the organization's Voucher
Strategy Center.
The Black
Alliance for Educational Opportunities highlights voucher
programs across the country.
© 2005 Editorial Projects in
Education
Letters
to the Editor: Opportunity
scholarships have improved schools; uphold law
Friday, June 17,
2005
A case to be decided in
the Florida Supreme Court has Florida
parents and schoolchildren standing at a crossroads. A neutral
program implemented by elected leaders for the secular purpose of
improving all Florida's schools and providing real educational
opportunities for all may be thrown out because some parents are
empowered by the program to choose to send their child to a
religious or non-religious school ("Justices question legislators'
authority," June 8).
If the court abandons
precedent and strikes down the Opportunity Scholarship Program, it
will abolish a critical tool for improving
education.
With the reforms
implemented under Gov. Bush and the Legislature, including as a
cornerstone the Opportunity Scholarship Program, we for the first
time have measurable evidence of success in the effort to improve
public schools. For example:
•For African-American
students, fourth-grade reading scores have increased from 23 percent
reading at or above grade level in 1999 to 56 percent in
2005.
•For Hispanic students,
fourth-grade reading scores have increased from 37 percent in 1999
to 66 percent in 2005. Furthermore, the gap between whites and
minorities is closing at a faster rate than elsewhere in the
country. In 2005, 46 percent of all Hispanic and 35 percent of all
African-American third- through 10th-graders are reading at grade
level, up from 35 percent and 25 percent, respectively, in
2001.
•Sixty-eight percent of
Florida's third-graders are now calculating math at or above grade
level, compared with 52 percent in 2001.
The results are clear.
In Florida, choice in education
spurs improvement. Depending on the state Supreme Court's ruling, we
either will continue these historic efforts to hold public schools
accountable and put children's needs first or be forced to abandon
years of reform that finally are showing results. Let's hope that
the court decides not to turn back the clock and frustrate thousands
of Florida
parents who simply want the opportunity to provide the best
education possible for their children.
PHOEBE RAULERSON,
member
Florida
Board of Education
Tallahassee
Article published
Jun
20, 2005
Free
pre-K off to bumpy start
Organizers
are predicting there won't be enough schools
By Laura
Green
Hundreds of Southwest Florida
4-year-olds are signed up to take advantage of the state's free
prekindergarten program set to begin in six weeks, but there won't
be enough preschools to teach them all, local organizers
predict.
Some of the schools that have signed up for the
state program, which reimburses them $2,500 for the cost of three
hours of teaching daily, are using their slots for students who were
already enrolled at their centers.
Other students will have
to wait until the summer, when public schools are required to offer
pre-K education.
Florida's universal
prekindergarten, as it's called, was designed to ensure that every
4-year-old whose parents wanted it would have a free, quality
educational program to prepare their child for kindergarten. The
reality may be far from that goal.
Deborah Whitham, director
of Shamrock Preschool in Venice, registered with the
state to take one class of 18 4-year-olds. But when parents call her
school after seeing it on the list of eligible programs, Whitham has
to turn them away.
The 3-year-olds who attended her school
last year are filling most of her slots.
"By the time I call
our waiting list, we aren't going to have any," she said of open
slots. Parents "were expecting this great free program in August,
and we just don't have room."
Statewide, more than 48,000
4-year-olds are registered to take part in the program. Only 633
pre-K providers have been approved by the state so far, though 1,473
more await approval.
Registration for parents and providers
is handled by coalitions in each county under the oversight of the
state Agency for Workforce Innovation, or AWI.
As of Friday,
there were 900 pre-K slots in Sarasota County and 802 students
enrolled. Manatee County listed about 1,300 available seats and 873
students registered. But hundreds more students are expected to
enroll.
The state has anticipated that 170,000 children would
participate.
Though voters in 2002 ordered lawmakers to start
a pre-K system by this year, the framework establishing three hours
of daily class time, student-teacher ratios and needs for
accreditation of providers were only set up by lawmakers in
December.
And it was just last month when lawmakers approved
a budget that provides the money needed to fund the efforts of the
coalitions to recruit providers and students.
That timeframe
doomed the pre-K startup to a chaotic birth.
"It's almost,
but not quite, impossible to put together a program from scratch in
five months," said Warren May, a spokesman for
AWI.
Simple things take a while in state government, May
said, and the process couldn't fully start until the money was
approved in May. For example, all of the rules and regulations
relating to the contracts the providers will sign with the state
have to be published in a state publication and then allowed time
for comment before they can become official.
The Florida
Catholic Conference is typical of the response private providers
have had to the last-minute arrangements. Most of the 200-plus
Catholic preschools in the state have taken a pass at participating,
citing the lack of money and the fuzzy requirements for
curriculum.
"The very good child-care centers are saying,
'This is not enough money to promise quality education. I'm not
willing to take a loss or change my program,'" said Suzanne Gellens,
the executive director of the Early Childhood Association of
Florida.
Linda Mason, director of Child Care Connections, the
local program running Sarasota's state-sponsored
pre-K, warns when parents register that some of them are bound to be
disappointed.
"We know there are not going to be enough
spaces for every parent who registers now to get in," she said of
participation during the school year.
But all children will
get a slot in the summer.
Just a couple of months ago, Ann
Petty, director of Christ Methodist Child Development Center, said
she was planning to pass on joining the state pre-K even though it
meant she could offer her parents a savings on their children's
tuition.
She wasn't sure about the reimbursement procedures
and wondered if it was worth the red tape to join a government
program when she was already running a successful
prekindergarten.
"There's still a lot of stuff up in the
air," she said. "I thought I'd try it for a year and see if it
worked out."
Some centers have decided to let other day-care
providers be the guinea pigs for a year, said Mary Wolf, program
manager for the Early Learning Coalition of Sarasota
County.
She bets more will sign up next year,
though.
If current registration figures hold steady, many
public school districts could be forced to find hundreds of teachers
willing to forsake their summers off in exchange for eight-hour days
teaching tots.
Some parents also have been slow to warm to
the state's program, which offers just three hours of instruction
instead of a full-day program.
"It's a different program from
what I think most persons who voted for it really thought it would
be," said Carol Hunt, executive director of Resource Connection For
Kids, the agency coordinating Manatee County's pre-K program. "That
was part of the problem."
Legislators mandated all school
districts to participate in summer pre-K as a "safety net" for
children who could not find a space during the school year, May
said.
Other states set up their pre-K programs so most
4-year-olds would attend public schools during the school year. But
Florida lawmakers, citing the
fiscal demands from the voter mandate to reduce class sizes, said
private schools would have to handle the brunt of the
enrollees.
Now, if private school spaces fall short,
4-year-olds will instead be allowed to attend public schools next
summer for full-day instruction.
The first year of the
state's pre-kindergarten program seems likely to be far different
from what voters envisioned when they approved the plan in
2002.
And looming yet is a pending Florida Supreme Court
ruling on the constitutionality of using tax money to send children
to faith-based schools. The court's ruling could conceivably
eliminate the bulk of the private pre-K providers in the
state.
Many people predicted a "train wreck" when lawmakers
agreed to spend only $2,500 per student for only three hours per day
of education, a formula that's driven many private and faith-based
preschools away, said Linda Alexionik, pre-kindergarten director for
the Children's Campaign, a child advocacy group in
Tallahassee.
"We're not at the wreck yet, but you can sure
start to feel the screeching," Alexionik said.