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Commentary

Last week’s ruling that North Carolina tax dollars may be used to support private schools with literally no standards of accountability at all has generated some scathing editorials from the state’s major newspapers. Here are a few excerpts:

From Raleigh’s News & Observer:

“It is distressing on its face, this idea that public money can go toward the expenses of private schooling. It crosses the divide between public and private, between church and state, between common sense and partisan ideology.

And yet, in a ruling with a clear partisan flavor, the North Carolina Supreme Court, having snatched the confrontation over a school voucher program out of the hands of the N.C. Court of Appeals where it should properly have gone, has upheld the Republican legislature’s voucher program. This is a devastating ruling for the future of public education.”

From the Greensboro News & Record:

“In 1997, the N.C. Supreme Court unanimously delivered its landmark Leandro ruling that declared the state has an obligation to offer every child a “sound, basic education.”

In a 4-3 decision Thursday, the court regrettably took a big step back from that principle, finding that the state’s Opportunity Scholarship Program is constitutional.”

From the Fayetteville Observer (after noting that it does not oppose vouchers):

“That said, we do have a deep concern about the lack of accountability in the voucher program, an issue raised in Justice Robin Hudson’s dissent. ‘The main constitutional flaw in this program,’ she wrote, ‘is that it provides no framework at all for evaluating any of the participating schools’ contribution to public purposes; such a huge omission is a constitutional black hole into which the entire program should disappear.’

The investment of tax dollars must be accompanied by accountability. The General Assembly needs to remedy that problem. If it does, we expect the voucher program to improve the lot of some students who otherwise might fall into the cracks and never see success.”

Stay tuned. There will be lots more like this to come.
News

The N.C. Supreme Court ruled that public dollars can be used for vouchers that allow low-income children to attend private schools in North Carolina, in a ruling released late Thursday afternoon.

That will mean that funding will continue for the voucher program this upcoming school year.

In the 55-page opinion released late Thursday afternoon, N.C. Chief Justice Mark Martin said that the legislation creating the vouchers did not overtly counter the state’s constitution, and therefore the court could not rule the program unconstitutional.

“Our constitutionally assigned role is limited to a determination of whether the legislation is plainly and clearly prohibited by the constitution,” Martin wrote. “Because no prohibition in the constitution or in our precedent forecloses the General Assembly’s enactment of the challenged legislation here, the trial court’s order declaring the legislation unconstitutional is reversed.”

You can read the full decision, including the dissents, here.

Opponents of the measure had argued that the private school vouchers drain needed resources for public schools, and that it violated the state constitution to send public money to unaccountable private schools that are often religious in nature and can pick and choose (or discriminate against) their students.

Proponents, on the other hand, said the “opportunity scholarships” offered a needed educational choice to poor families unable to afford private schooling on their own.

For background, read this excerpt from an earlier article from N.C. Policy Watch reporter Sharon McCloskey:

In December 2013, groups that included taxpayers and the state and local school boards filed two separate lawsuits, alleging that the law violates state constitutional provisions requiring the expenditure of public funds exclusively for public schools, and contending that a voucher program wholly devoid of standards fails to meet the state’s obligation to provide all children with a “sound basic education” and thus does not satisfy the constitution’s “public purpose” provision.

[Superior Court]Judge Hobgood agreed with the challengers and temporarily blocked implementation of the program this past August, but state appellate courts later allowed monies to flow to families already approved for vouchers for the current school year while the cases proceeded in the courts.

The Supreme Court has likewise allowed the application process for vouchers next year to move forward while it considers the appeal.

Commentary

A lot of people are justifiably outraged at the House budget provision that gives $1 million (and delegates public duties) to the conservative school privatization lobby group, Parents for Educational Freedom of North Carolina (PEFNC). As Rep. Rick Glazier — who tried to amend the budget to shift the money to fund teacher assistants — said yesterday (as reported by Raleigh’s News & Observer):

“This is the first time that I believe in the history of the legislature that we’ve done what this is asking. We’re giving $1 million of taxpayers’ money to an entity to then choose the charter schools to fund. … It is not our job to take away public funds and give them to a private entity to make public decisions.”

In addition to the idea of giving public money to a right-wing lobby group, however, the whole thing is rendered even more remarkable by the circumstances that surround PEFNC’s employment of its executive director, Darrell Allison. Mr Allison, who, according to his group’s website, directs a staff of five, including himself, brings home quite a handsome — even stunning — salary. As Lindsay Wagner reported in January in 2014:

“In 2010, Allison received $107,889 for his work running the non-profit; in 2012, Allison reported an income of $156,582—a 45 percent pay increase in just two years.”
A check of the PEFNC Form 990 tax return for 2013 reveals that his compensation for that year was $167,085. The 2014 report is not yet available. By way of comparison, Gov. Pat McCrory’s salary is $142,265 and State Superintendent of Public Instruction June Atkinson’s is $125,676.
Commentary

In case you missed it the other day, Asheville writer Martin Dyckman published an excellent essay in the Asheville Citizen-Times that explained the real deal with North Carolina’s toxic and troubling school vouchers program. As Dyckman explained, after describing a push poll/robocall he received from the voucher champions at the Pope-Civitas Institute:

“Two days later, Rep. Paul Stam (R-Wake), the Godfather of vouchers, staged an elaborate press conference to say he wants a fourfold expansion of the program, which costs $10.8 million a year.

Stam didn’t propose abandoning income limits, although they’re scheduled to rise to 133 percent of poverty this year.

But the Civitas robopoll makes it obvious where the camel’s nose is heading.

That’s if the Supreme Court overturns a Superior Court decision that the program is flagrantly unconstitutional.

The pretext for the vouchers is to entitle poor kids to a good private education on the same terms as their more privileged peers.

That’s a fallacy if not a fraud. At $4,200, the maximum voucher is worth only a fraction of what quality private schools often charge; they’re beyond the reach of low-income families despite the subsidy. The public schools budget twice as much per student.”

After citing some N.C. Policy Watch reporting on the religious schools that have been raking in the voucher dough, Dyckman concludes this way:

“This is as flagrant a misuse of public money as it would be to pay the church’s pastor out of the state treasury. Read More

Commentary

Be sure to check out Sharon McCloskey’s excellent story over on the main Policy Watch site this morning summarizing yesterday’s state Supreme Court argument in the school voucher case. You’ll get the history, the basics of the arguments and a blow by blow of yesterday’s proceedings.

If you want to grasp what is perhaps the essence of the plaintiff’s challenge, however, check out the following excerpt that Sharon quoted from the argument of the lead counsel for the plaintiffs, Raleigh civil rights attorney Burton Craige:

“North Carolina’s voucher program is unique. No other voucher program in the country allows the receipts of vouchers by private schools that can be unaccredited; employ unlicensed uncertified teachers — including teachers who don’t even have a high school diploma; employ teachers and staff without performing a criminal background check; teach no science or history; teach only the recitation of religious texts; and discriminate against students with disabilities. In the absence of standards, North Carolina stands in a class of its own.”

And here is a five minute excerpt from Craige’s argument:

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