Opening
the Schoolhouse Door
The Wall Street Journal
June 28, 2002
COMMENTARY
By JOHN H. FUNDYesterday's broadly written Supreme
Court ruling upholding a school choice program in Cleveland has been a long time coming.
It was back in 1983 that the Education Department issued its "Nation at Risk"
report warning of "a rising tide of mediocrity" in the schools. Two months
later, the Supreme Court opened a first crack in the door of school choice when it
declared that states could allow taxpayers with children in private schools to deduct
tuition and other expenses from state income taxes. Yesterday's ruling represented the
high court's final and complete retreat from the suspicion it once displayed towards
school choice and the role religious schools can play in it.
As with its landmark Brown v. Board of Education ruling
desegregating schools, the justices were clearly mindful of the grim reality that too many
of the nation's public schools are failing to provide an adequate education for the most
vulnerable children. A 50% increase in real (inflation-adjusted) spending per pupil in the
last two decades has failed to deliver results. Since 1983, over 13 million children have
reached the 12th grade not knowing how to read at a basic level. Over 27 million have
reached their senior year unable to do basic math. And those numbers don't count the 30%
of students who drop out of school before the 12th grade.
The court surprised many observers by writing a broadly
written opinion that gathered the full support of five justices. Unlike in the Mitchell
decision in 2000 that upheld the use of federal funds for public entities lending
education materials to religious schools, Justice Sandra Day O'Connor did not dissent in
part from yesterday's ruling upholding school choice. This means that the opinion can be
used as binding case law. The canard that school choice programs are an impermissible
breach of the wall of separation between church and state has now been exploded.
Indeed, the court's majority used its opinion to tweak the
dissenting justices for their fear of school choice. In response to Justice Stephen
Breyer's use of the specters of "divisiveness" and "religious strife"
to bolster his view that Cleveland's choice program was unconstitutional, Chief Justice
William Rehnquist wrote: "It is unclear exactly what sort of principle Justice Breyer
has in mind, considering that the program has ignited no 'divisiveness' or 'strife' other
than this litigation."
The court's ruling will have both practical and political
effects. Jay Greene of the Manhattan Institute predicts the decision "will affect the
tenor of education policy for years to come." There is little doubt it will embolden
states such as Colorado and Texas to launch bolder school reforms, including targeted
vouchers but also possibly tax credits and an expansion of charter schools. Other states
may now modify or repeal their constitutions to strip out 19th century Blaine Amendments,
which restrict aid to religious schools.
What the court's decision will not do is alter the
implacable opposition of teachers unions to most forms of choice. In 2000, Robert Chanin,
general counsel of the National Education Association, warned that no matter what the
Supreme Court ruled, the union would challenge choice "on whatever grounds are
available to us -- from lofty principles . . . to 'Mickey Mouse' procedural issues."
Up to now, Mr. Chanin and his allies have been winning.
Minority voters are the most supportive of private options
in education, but most won't vote for candidates on that basis, limiting the appeal of the
issue to conservative politicians. Meanwhile, many suburban voters remain ignorant of
school choice, complacently believing their local schools are wonderful or falsely fearing
the changes that school choice could bring.
But targeted school choice programs should nevertheless
flourish. Today, almost every state uses public funds to send special-education students
to private schools if the public schools can't address their needs. A dozen states will,
at the request of principals, transfer disruptive students to private schools with strict
disciplinary programs. Expanding those programs could be popular, and could force public
schools to improve their own performance to compete.
"Candidates of all kinds will be much more willing to
talk about dramatic school reform such as the Bush proposal to give families tax credits
if they feel compelled to leave a failing public school," says Ralph Reed, chairman
of Georgia's Republican Party. In intellectual circles one can expect to see some strange
new respect for the lonely band that championed school choice before it was cool: the
Bradley and Olin Foundations, the Milton Friedman Foundation, the Institute for Justice,
businessman Pat Rooney and former Milwaukee School Superintendent Howard Fuller.
The education establishment, which Bill Bennett once called
the "blob," still dominates the political arena. But yesterday's decision makes
its hold on power a little more tenuous. |