Liberty Dr. Len Elovitz Chapter 15 in Guthrie 1 Peabody College Series. Copyright © Allyn & Bacon 2009

2 Purpose of the Chapter To understand how the manner in which educational choice might affect the lived reality of parents Who has liberty to do what at whose expense?

3 Peabody College Series. Copyright © Allyn & Bacon 2009 Liberty Liberty is at the heart of the American experience. The associated freedom to choose includes personal choice in political, philosophical, and economic alternatives. The “rub” arises when applied to schooling. The tension lies between benefiting the individual or society. Is the student a creature of the family, the state, or the individual?

4 Peabody College Series. Copyright © Allyn & Bacon 2009 Cathy’s Choice Refer to the case in your text pages The idea of a common school system benefiting all students is an American model. Yet, Americans are uncomfortable with uniformity as well as policy that directly affects their situation. “Of course we should diversify my daughter’s school, but if we are adversely affected by rezoning, we will go private (or sue all the way to the Supreme Court!).”

5 Peabody College Series. Copyright © Allyn & Bacon 2009 Differing View of Liberty The debate centers on the assumption that government is best when at its least and if asked to govern, does so closest to the people. –Negative liberty Seeks to free an agent Much of education focuses breaking down barriers within the system to make education possible for all impossible –Positive liberty Seeks barriers necessary to protect choice of a greater number of people –Speed limit is an example

6 Peabody College Series. Copyright © Allyn & Bacon 2009 Liberty Argument with Three Agents: state, local district, and individual families Public provision of education increases bureaucracy and restricts choice Teacher assignment done by the bureaucracy without parental input Parents not included in curricular or instructional decisions. Attendance compulsory without regard to family need School year calendar imposes vacation times on the family Students bound to the system through ages 16 or 18 irregardless of system’s capacity to deliver the core technology

7 Peabody College Series. Copyright © Allyn & Bacon 2009 The Liberty Argument & The Administration of Schools Some feel the level above them cause the negative liberty, hampering the ability of providing choice for students and their families All levels use the argument in an attempt to implement personal or collective preferences contending that they will lead to an improved educational experience

8 Peabody College Series. Copyright © Allyn & Bacon 2009 State Liberty and the Federal Role Article 10 of the Bill of Rights allocates the responsibility of education to states, implicitly Until the 1954 Brown V. Board of Education Supreme Court case, the federal government stayed silent on matter of public education Using the equal protection clause of the 14th Amendment, the federal government’s role in the governance of public education has grown

9 Peabody College Series. Copyright © Allyn & Bacon 2009 District-Level and the State Role Ultimate responsibility for public education rests on the state State educational agencies dictate a range of issues –Curriculum –Facilities –Financial management –Allocation of resources

10 Peabody College Series. Copyright © Allyn & Bacon 2009 Family-Level Liberty: School Choice Household is the closest available unit of governance Most invested in student outcomes Greatest empowerment of educational choices for students

11 Peabody College Series. Copyright © Allyn & Bacon 2009 Subsidiarity This is the idea that the lowest decision unit that is closest to the client: individual, family, school, district, county, state, or nation that has the primary decision authority The family is a unit of governance Decisions should be made at this level unless there is a compelling reason –National defense There is a tension between family wants and educators’ knowledge and skill sets as to deciding what is best for the student

12 Peabody College Series. Copyright © Allyn & Bacon 2009 Incremental Means for Enhancing School Choice Magnet Schools –1970’s schools of specialization –Open enrollment or lottery systems –Receive additional funding –Appeals to parents –No transportation provided –At times, used to racially integrate systems

13 Peabody College Series. Copyright © Allyn & Bacon 2009 Incremental Means for Enhancing School Choice (cont’d) Intradistrict Choice –Market within a district –Parents free to choose any public school within zone or district –Desegregation method under unitary status –Tradeoffs Resegregation Benefits dependent on demographic of the district Increased transportation costs Decreases efficiency of the school district and their budgets

14 Peabody College Series. Copyright © Allyn & Bacon 2009 Enhancing School Choice Charter Schools –Charter laws vary from state to state determining liberty of school governance, resources, instruction, and operation –While the model varies greatly, several common elements have emerged: A governance structure independent of the district Reduced or eliminated state regulations Direct parental control A mandate to succeed with sanctions for failure

15 Peabody College Series. Copyright © Allyn & Bacon 2009 Charter Schools A national survey of charter school parents revealed in the following characteristics were important drivers in choice of a charter –Small school and class size –Safe environment –Quality academic programs –High standards –Specialized curricular focus

16 Peabody College Series. Copyright © Allyn & Bacon 2009 Charter Schools The impact of the charter school model on student achievement is mixed. Some of the charters have been revoked by their state. Many non-renewals are blamed on lack of business savvy versus concerns over curriculum or instruction. Charter research still lacks a depth needed for real evaluation of the program, but some innovation taken place in the charters is finding its way to the traditional public schools.

17 Peabody College Series. Copyright © Allyn & Bacon 2009 Enhancing School Choice Vouchers –Milton Friedman’s concept of liberty and public education –Family is an economic unit subject to free markets for goods and services –Education funds travel with the student –Model of horizontal equity –Household has ultimate control over schooling –Supreme Court ruled vouchers constitutional in Zelman v. Simmons-Harris

18 Peabody College Series. Copyright © Allyn & Bacon 2009 Vouchers Challenges –Communitarian concerns –Ethnic and socioeconomic balkanization –Elites will out price certain students –Private concerns - tensions profit v. educational interests –Violation of church and state - Zelman v. Simmons-Harris

19 Peabody College Series. Copyright © Allyn & Bacon 2009 Enhancing School Choice Tuition Tax Credits –Enfranchises households as decision maker –Less governmental regulation –Parents get a tax credit for attendance at nonpublic schools –Tax credits can be graduated in terms of schooling level or by taxpayer income bracket –Effect seems less attractive than state provision of transportation

20 Peabody College Series. Copyright © Allyn & Bacon 2009 Enhancing School Choice Other Market Mechanisms –Added efficiency from use of market mechanisms –Contract providers for cafeteria services –Decentralize budget for staff development and curriculum assistance to school sites –Increase accountability and control at school sites

21 Peabody College Series. Copyright © Allyn & Bacon 2009 Liberty as Aspiration and Policy: NCLB and the Future of School Choice Historically, liberty has been seen as an outcome, now paradigm shift to view it as an input in the schooling process NCLB gives “teeth” to Florida’s use of vouchers making this the first time a viable choice option has been tied to a greater education policy on a national scale Implications –Replaces bureaucratic “government schools” –May harm political will to fund community schools –Choice options brought into sharpen and supplement failing public education schools

22 Peabody College Series. Copyright © Allyn & Bacon 2009 Summary Choice replicates the policy improvements of the past in its untried and dangerous setting The introduction of choice has prompted a groundswell of empirical research all aimed at finding out what makes an effective school….effective Educators, policymakers, and parents are learning of the costs and benefits associated with a move toward greater liberty in public schools The issue of choice provides substantial material for debate in conversations surrounding the future of the American education system