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Espinoza v. Montana Dept. of Revenue and the link to systemic racism in education

On Tuesday (June 30, 2020), the U.S. Supreme Court removed states’ ability to control whether school choice subsidy scholarships could be restricted to non-religious schools (ESPINOZA ET AL. v. MONTANA DEPARTMENT OF REVENUE ET AL). This ruling clears the way for states that use vouchers and scholarships to support school choice to expand these programs to include religious schools. Indeed, the Espinoza family is likely to be pleased to use the funds to keep their children in a Christian school.


"The Trump administration believes that school choice is a civil rights issue, and that no parent should be forced to send their child to a failing school."(Statement by press secretary Kayleigh McEnany as reported by NPR ). However, as a civil rights issue, school choice policies have received a failing grade.

The historical evolution of national school choice policies and those specific to North Carolina indicate “the present-day school choice and privatization movements may be a part of a larger social, political, and legal cycle of inequality that has established residence in the American educational system for more than a century,” (Thompson Dorsey and Rouhlac, 2019).

Thompson Dorsey and Rouhlac found a pattern of shifts in school choice and privatization policy that “demonstrates a broader, recurring problem in American public schools-–creating progressive education laws and policies appearing to promote educational equity and opportunity and then regressing to policies supporting White privilege while maintaining the status quo of inequitable educational opportunities for historically underserved and minoritized students.” This is what appears to be happening in Pennsylvania with the Educational Improvement Tax Credit (EITC) program (Ambrose, 2019) and school funding laws that lead to schools with disproportionate abilities to serve students. Individual policy efforts can lead to systemic discrimination.

The North Carolina Opportunity Scholarship program limits school choice vouchers to students in families with incomes at or below 133% of the federal free and reduced lunch program and awards up to $4200 to attend a nonpublic school (Thompson Dorsey and Rouhlac, 2019). In Pennsylvania the program more generously supports middle and upper-income, families (a family with one child could earn over $93,000 and receive $8500 to attend a nonpublic school in 2017-18; both amounts increase substantially if the student has a disability). The constitutionality of the North Carolina plan was challenged in court. Thompson Dorsey and Roulhac’s findings were echoed by justices in the case that such programs appear to benefit low-income children of color but “Without systemic and cultural adjustments to address social inequalities, the ... Opportunity Scholarship Program ... stands to exacerbate, rather than alleviate, educational, class, and racial divides,” (Hart, 2015 as cited Thompson Dorsey and Roulhac, 2019; emphasis added). Thompson Dorsey and Roulhac further state, “At the same time that non-Whites’ interest in receiving equitable educational opportunities is once again going unfulfilled, the interests of elite Whites are centered in the implementation of the Opportunity Scholarship program.”

The Education Law Center further identified a current “racial inequality and class stratification” of racism in Pennsylvania’s education system that is being revealed through school districts’ response to COVID-19.

To move toward a more equitable system of education in PA and throughout the country, we can no longer accept school choice as a reform solution without looking carefully at how each state is designing its policies and measuring the effects of said policies on the students who evoke their choice options and those who remain in our public schools. Currently, proponents base school choice subsidy program expansion, such as increases to the PA (EITC) program, on popularity rather than data and facts; yet, it is imperative to understand just who is being served, and who is not.

What can be done?

Evidence in North Carolina and nationally shows a pattern of support for more equitable school funding and access that rises and falls with political and economic events that fueled public interest. With the public highly focused on racial injustices and Covid-19 drawing our attention to educational disparities, NOW is the time for advocates for youth, Black Lives Matter, educational equity and others to come together and work for a more democratic and equal public education system.

In Pennsylvania, legislators crafted school choice policies including the EITC and Charter School funding with little transparency or accountability. We do not know, for example, which schools have enrolled students using our tax credit scholarships; nor do we know how scholarship students fare academically. My research found this is essential information to truly understanding who is benefitting and who is not benefitting from the EITC and other choice policies. Now is the time to change our policies that support systemic discrimination and educational inequality.

While more dramatic steps can be taken, there will be opponents to change. One way to make lasting change is to bring people together toward a shared vision. Last year I offered guidance to PA legislators who support school choice to take steps to test their theories that privatization and choice improve all schools (a primary justification for the schemes).

As a first step to eliminating systemic racial and socio-economic discrimination in education, we can call on state and federal legislators to collect and report the information that will clearly show how the money is being spent, who benefits and who does not. The time is NOW to ensure that children benefit the most.

Use these links to contact your state and federal legislators:


References:

Ambrose, J. K. (2019). Purpose, Policy, Politics and Power: Analysis of the Pennsylvania Educational Improvement Tax Credit Program (Doctoral dissertation, Indiana University of Pennsylvania).

Appendix A_Ambrose-2019-Dissertation
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Education Law Center. (2020, July). COVID-19 Exacerbates Racial Inequities [Article.] Education Law Center. Retrieved from https://myemail.constantcontact.com/July-News--Racial-Inequity-and-COVID-19--Police-Free-Schools--Update-on-Funding-Case--and-More---.html?soid=1105202031052&aid=qMv_vunV8kA

Reporter of Decisions. (2020). ESPINOZA ET AL. v. MONTANA DEPARTMENT OF REVENUE ET AL. (No. 18-1195). Supreme Court.gov Retrieved from https://www.supremecourt.gov/opinions/19pdf/18-1195_g314.pdf


Totenberg, N., & Naylor, B. (2020). Supreme Court: Montana Can't Exclude Religious Schools From Scholarship Program [Article]. Law. (June 30, 2020). Retrieved from https://www.npr.org/2020/06/30/883074890/supreme-court-montana-cant-exclude

Thompson Dorsey, D. N., & Roulhac, G. D. (2019). From Desegregation to Privatization: A Critical Race Policy Analysis of School Choice and Educational Opportunity in North Carolina. Peabody Journal of Education, 94(4), 420-441. Retrieved from https://www-tandfonline-com.proxy-bloomu.klnpa.org/doi/pdf/10.1080/0161956X.2019.1648953

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