Betsy DeVos

Six things to know about Indiana’s school voucher program, a model Betsy DeVos could support

PHOTO: Dylan Peers McCoy
Students eat lunch at the Oaks Academy Middle School, a private Christian school in Indiana that accepts taxpayer funded vouchers. All students at the private school must take Indiana's state tests. Whether Tennessee should have a similar requirement in its voucher proposal is up for debate.

Philanthropist Betsy DeVos, President-elect Donald Trump’s pick for education secretary, did not succeed in getting a school voucher program off the ground in her home state of Michigan.

But her advocacy helped influence the program in neighboring Indiana, which is expansive, entrenched — and could be a model if Trump and DeVos move forward with trying to push a national voucher program.

Here are six important things to know about vouchers in Indiana:

1. Indiana’s program is the biggest in the country — costing local districts students and funding.

It allows thousands of families to have thousands of dollars to send their kids to private schools that they would otherwise have to pay for, or win scholarships to attend. The number of students using vouchers rose from 3,911 in 2011, when the program launched, to 32,686 in 2016.

That total makes Indiana’s voucher program the largest of any state, with nearly 3 percent of kids using public funds to pay private school tuition.

If a public school student applies for and receives a voucher to attend a private school, they take their state funding with them, so districts and schools where those students might otherwise have enrolled shoulder the cost. Voucher advocates argue that schools can handle the loss because they have fewer students to educate. But critics say that isn’t the reality of how school budgets work: If a class loses two of 20 students, its teacher doesn’t see her salary reduced by 10 percent.

Funding issues have fueled criticism of the program. In 2013, the Indiana State Teachers Association filed a lawsuit to stop it, arguing in part that the program caused public dollars to be spent improperly on religious institutions. The Indiana Supreme Court dismissed the suit, but the union has continued to make the argument. And even Jennifer McCormick, the small-district superintendent who, with DeVos support, unseated Democratic State Superintendent Glenda Ritz, has expressed concerns about programs that divert money from public schools.

2. Indiana’s program looks a lot like what DeVos says she wants.

Trump’s proposal is for low-income families to be eligible for vouchers, but his vice president, former Indiana Gov. Mike Pence, has supported vouchers for middle-income families, too. DeVos is more in Pence’s camp, and her political action committee, the American Federation for Children, has poured $1.3 million into local voucher advocacy efforts.

Indiana’s eligibility is unusually wide open. Students who get vouchers don’t only come from families near the poverty line (as in North Carolina), have special needs (as is a requirement in several states, including Florida), or be zoned for low-performing schools or districts (as in Cleveland).

The only restriction is family income, but even there Indiana’s rules are generous. A family of four making less than $44,863 per year can receive a voucher of up to 90 percent of the funding that their local public district would receive from the state. Since 2013, families earning up to $89,725 per year have also been eligible — but they get only half the state aid their district would receive.

3. It is increasingly serving students from middle-class families.

A growing portion of Indiana voucher users are from middle-class families, and growth has been greatest among suburban families.

In 2016, 22 percent of voucher students were from the suburbs, compared to 16 percent in 2011. The portion of voucher users living in rural areas also rose slightly during that time — even though vouchers are often impractical in areas where there are not enough students to sustain multiple schools.

As the proportion of urban families using vouchers fell, so did the proportion of students of color. During the first year, black students — who are 12 percent of the state’s students — made up about a quarter of voucher students in the state. That number is down to 13 percent now. Hispanic student enrollment is down as well, to 18 percent, even as Hispanic student enrollment has shot up across the state in the last five years.

In total, 60 percent of Indiana voucher users are white, and about 31 percent are from middle-income families — not exactly the student population that struggles most in the state’s schools.

4. It has steered students away from public schools — but also probably helped families make the choices they were going to make anyway.

A rationale for vouchers — and one DeVos has offered — is that they let families escape low-performing public schools that aren’t helping their kids. But over time, the proportion of Indiana voucher users moving from public schools has fallen sharply. In 2011, just 9 percent of voucher users had never before gone to public school. That was true for more than half of students using vouchers in 2016.

Another question is whether vouchers allow families to choose private schools they wouldn’t otherwise be able to afford. The evidence in Indiana is mixed: Since the program launched, private school enrollment has grown — but less rapidly than voucher use, suggesting that some new students attend private school because of vouchers, but other voucher recipients would attend private school regardless.

And as is often the case when vouchers are introduced, religious schools have benefitted heavily. Vouchers have allowed some Catholic schools to stave off closure, and parents who use vouchers say the opportunity for their children to get religious instruction at school was the most important reason they chose their schools. Most of the non-religious schools that accept vouchers cost far more than the cost of the voucher, making them unaffordable for low-income families.

Critics of vouchers say the data points add up to a problematic picture. “How many of the kids that are actually receiving vouchers were ever going to go to a public school anyway?” Teresa Meredith, head of the state teachers association, said in June. “I think it shows that it’s really not helping the kids that it was promised to help.”

5. The program has more regulations than DeVos might like.

A hallmark of Devos’s philosophy appears to be opposition to regulation of schools — she recently worked to oppose added oversight for charter schools in Detroit. Ordinarily, private schools in Indiana face very few state restrictions, but schools that accept vouchers must act in some ways like their public school counterparts.

First, they have to get approval from the state to accept vouchers. Once approved, they must be accredited, give the state’s annual test, known as ISTEP; evaluate teachers in part based on student test scores; and receive A-F accountability grades. They’re also vulnerable to consequences if their students consistently post low test scores — including losing their ability to accept vouchers from new students.

The regulations didn’t bother Republican lawmakers because many Indiana private schools already had accreditation and met some of the other requirements to be able to compete in the state’s high school athletics association, according to Republican Rep. Bob Behning.

Voucher schools aren’t allowed to censor materials related to American history and must maintain libraries that include the U.S. Constitution and other documents. (Indiana’s standards do not require teaching contraception, an issue for some private schools in other states with vouchers.)

6. Vouchers haven’t helped students learn more.

One argument that voucher proponents make is that families can choose the schools that are going to serve their children best. But across the country, a growing body of research suggests that vouchers have limited or no effect on student learning. Locally, a new new long-term study out of Indianapolis, done by researchers at Notre Dame University, found that students who switched from traditional public schools to Catholic schools actually did worse in math.

One possible explanation: Vouchers cause students to change schools when they otherwise would not. “All research that we know of is pretty convergent on the conclusion that mobility for students is bad,” said Ashlyn Nelson, an education researcher and professor at Indiana University.

the secretary speaks

In departure from Trump, Betsy DeVos calls out ‘racist bigots’ in Charlottesville

PHOTO: U.S. Department of Education
U.S. Education Secretary Betsy DeVos.

U.S. Education Secretary Betsy DeVos condemned “white nationalists, neo-Nazis and other racist bigots” in an email to her staff Thursday — without mentioning President Trump, whose equivocal stance on the racist violence in Charlottesville last weekend has drawn widespread criticism.

“While we should be anticipating and celebrating students’ returns to campuses across the country, we are engaged in a national discussion that has stirred ugly, hate-filled conversations and reopened hurtful wounds from shameful portions of our nation’s past,” DeVos wrote.

The letter was more pointed — describing the racist views as “cowardly, hateful and just plain wrong” — than DeVos’ initial tweets on the events. She has been silent since those posts until now.

 

In her email to staff, she emphasized that individuals, and schools, had a part in combating hatred.

“We can all play a role. Mentor a student. Volunteer at a school. Lend a helping hand and offer a listening ear,” she wrote.

But DeVos did not specify what role, if any, the department’s policymaking would play. She has received persistent criticism from civil rights groups for proposed federal budget cuts, her stance on discrimination of LGBT students, and her appointment to head the Office of Civil Rights. (DeVos specifically notes that, “Our Department, and particularly the Office for Civil Rights, exists to ensure all students have equal access to a safe, nurturing, quality learning environment free from discrimination or intimidation.”)

Meanwhile, criticism of Trump and Devos from education advocates has intensified in recent days.

New York City charter school leader Eva Moskowitz — who was initially considered for the job DeVos now holds, and who led Ivanka Trump on a school tour — released a strongly worded letter condemning the Trump administration (though she did not mention DeVos). On Twitter, Kevin Huffman, the charter-friendly former Tennessee education commissioner, called on DeVos to resign, saying, “It is not viable to serve all kids under a POTUS who defends and encourages white supremacy.”

This is on top of persistent hostility from many left-of-center charter advocates, including one of DeVos’s predecessors, Arne Duncan, who called bumps in federal spending for charters “blood money” if they came alongside to Trump’s proposed cuts to education.

The note was sent to staff, rather than posted as a press release. DeVos has not been shy in the past about weighing in on topics beyond education — she quickly issued a statement praising Trump’s decision to leave the Paris climate change agreement, for example.

Here’s the text of her letter:

Team,

I write today with a heavy heart for our country. While we should be anticipating and celebrating students’ returns to campuses across the country, we are engaged in a national discussion that has stirred ugly, hate-filled conversations and reopened hurtful wounds from shameful portions of our nation’s past.

There is fear, pain, anger, disappointment, discouragement and embarrassment across America, and I know, too, here within the Department.

Last weekend’s tragic and unthinkable events in Charlottesville, which stole three innocent lives and injured many more, were wholly unacceptable. The views of white nationalists, neo-Nazis and other racist bigots are totally abhorrent to the American ideal. We all have a role to play in rejecting views that pit one group of people against another. Such views are cowardly, hateful and just plain wrong.

This is what makes our work so important. Our Department, and particularly the Office for Civil Rights, exists to ensure all students have equal access to a safe, nurturing, quality learning environment free from discrimination or intimidation.

Our own difficult history reminds us that we must confront, head-on, problems when and where they exist with moral clarity and conviction. Our nation is greater than what it has shown in recent days.

Violence and hate will never be the answer. We must engage, debate and educate. We must remind all what it means to be an American, and while far from perfect, we must never lose sight that America still stands as the brightest beacon for freedom in the world.

My hope is that we will use this as an opportunity to show that what unites and holds America together is far stronger than what seeks to divide and draw us apart. We can all play a role. Mentor a student. Volunteer at a school. Lend a helping hand and offer a listening ear.

Our work is truly the bridge to a stronger future. Let’s recommit ourselves to ensuring the future is brighter for all.

Betsy

choice for most

Chalkbeat explains: When can private schools discriminate against students?

PHOTO: Julia Donheiser

Over $16 million of public funds went to Indiana private schools with anti-LGBT policies last year, a recent Chalkbeat investigation found.

You might be asking: Is it legal to discriminate against those students?

The answer is yes, and that’s become a focus of the national debate about school choice. (U.S. Education Secretary Betsy DeVos fanned the flames on this one when she offered ambiguous answers about whether all students would be welcome in schools that participated in a potential national voucher program.)

But the rules are tricky when it comes to private schools, especially religious ones. Here’s your guide to understanding when, why and how private schools can say no to certain students.

Are there laws in place that prevent discrimination against LGBT students?

There is no federal legislation explicitly protecting LGBT students from discrimination in schools. That means when it comes to gender and sexuality, Title IX of the Civil Rights Act — which prohibits discrimination on the basis of sex — is the main piece of legislation in play.

Title IX applies to private schools that accept federal funds — and many private schools do, usually through school breakfast or lunch programs, grants, or funding for low-income students.

However, some schools qualify for exemptions. All-boys or all-girls schools are allowed to restrict their admissions accordingly, for example.

Most important to the discussion of LGBT students: Private schools run by religious organizations are exempt “to the extent that application of Title IX would be inconsistent with the religious tenets of the organization.” A majority of private schools in the U.S. are religious, which means that most private schools are free to discriminate against LGBT students on religious grounds.

In Indiana, Chalkbeat found that at least 27 schools that accept vouchers have policies that suggest or declare that LGBT students are unwelcome.

What about private schools that aren’t religious?

At non-religious private schools, Title IX’s nondiscrimination rules do apply. But a change in interpretation means the law offers fewer protections to transgender students than it has in the past.

Under the Obama administration, the ban on discriminating on the basis of sex was interpreted as related either to biological sex or to gender identity. However, the Trump administration rescinded guidance on that front — meaning the federal government considers Title IX to only bar discrimination based on a student’s biological sex.

Do any states have laws that prevent discrimination against LGBT students?

Many states have implemented their own nondiscrimination policies regarding sexual orientation and gender identity — in the world of public education. But no voucher programs have such policies in place, research shows.

As a result, private schools are free to turn away LGBT students while still receiving public funding for accepting vouchers.

What about other forms of discrimination?

Private schools can’t discriminate on the basis of race if they want tax-exempt status. The executive director of the Council for American Private Education, Joe McTighe, said he wasn’t “familiar with any nonprofit private schools that elect against tax-exempt status.”

If private schools accept federal funds, they are also bound to Title VI of the Civil Rights Act, which prohibits discrimination on the basis of race, color or national origin.

When it comes to students with disabilities, private schools have more leeway to turn students away.

This is partly because students who choose to attend a private school — including through a voucher program — forfeit their right to a “free appropriate public education” that they are otherwise guaranteed by the Individuals with Disabilities Education Act.

Another law, the Americans with Disabilities Act, bars discrimination on the basis of disability and requires private schools to accept students so long as only “minor adjustments” are needed to accommodate them. But it exempts religiously run private schools.

Under a third law, Section 504 of the Rehabilitation Act, those protections apply to religious schools, too — if the school receives federal funds.