Opponents of school choice in Illinois and elswhere have sometimes claimed that extending public funding to religious schools would be an unconstitutional failure to separate church from state.
The United States Supreme Court on Tuesday laid that concern to rest, siding with with two Christian families who challenged Maine’s tuition assistance program that excluded religious schools. The Court overturned a lower court ruling that had rejected the families’ claims that the exclusion violated their right to free exercise of religion.
“Maine’s ‘nonsectarian’ requirement for its otherwise generally available tuition assistance payments violates the Free Exercise Clause of the First Amendment,” Chief Justice John Roberts wrote for a 6-3 majority in the court’s opinion in the case of Carson v. Maykin. “Regardless of how the benefit and restriction are described, the program operates to identify and exclude otherwise eligible schools on the basis of their religious exercise,” he wrote. Justices Kagan, Sotamayor and Breyer dissented.
Political winds are likewise blowing strongly in favor of school choice, particularly on the Republican side. As described recently in the Washington Examiner, in Iowa, Kentucky and Texas,” a slew of Republican state lawmakers who bucked their party’s long-standing support of school choice and in some cases received endorsements and donations from teachers unions all lost their respective primaries in recent weeks.” Those results “have raised questions about whether opposition to school choice and support from teachers unions is becoming a kiss of death for the careers of Republican state lawmakers,” wrote the Examiner.
But it goes beyond Republicans. Polls consistently and overwhelmingly show broad support for school choice — from two-thirds to three quarters of voters — cutting across political, racial and other lines.
This year alone, seven states created new school choice programs while 11 more expanded existing options, according to a Monday column in Reason.
Their headline says it all — “School choice is a smart political move.” In Illinois, however, lawmakers choose to kneel before the teachers’ unions who oppose school choice.
Only school choice will end the catastrophe that is the Illinois school system. See our recent special report on that catastrophe here.
-Mark Glennon
Expect no retraction or apology. This what they do.
The state’s existing buyout program for its own pensions is the precedent for Chicago, which should be a warning: Look out for similar exaggerated claims and shoddy analysis.
Mark, I’ve seen your almost exhaustive information on how the pension system could be changed, have you created anything like that for a voucher system? I’d be interested to see your ideas.
The general idea of vouchers is intriguing, but the devil is in the details (do private schools get to keep their autonomy, what about IEP and 504 plans, etc.).
Opal, great question and, no, we have not laid out anything about exactly what the right school choice plan should be. There are a number of ways to do it and reasonable people can have different opinions about what the right mix should be of vouchers, educational savings accounts, tax credit scholarships and other options. Much has been written about that and we now have the advantage of seeing what is working best in other states because so many of them are doing it. We are keeping our minds open and continuing to look at it. Offhand, my current thinking… Read more »
Mark-Let’s say that a voucher or subsidy is given to parents. With the laws in already in place like in PTELL counties the taxing bodies including public schools can still get what was levied the year before. So where does the money come from for vouchers? The schools will still get the same amount or more from the previous year so if money is taken from the school budgets they will still get the same but it will increase the tax rate. I don’t see them cutting administrative staff and teachers. If the state pays for the vouchers will that… Read more »
Freddie, answers to all that depend on the specific form of school choice that would be implemented. We intend to tackle that over the coming months, and perhaps Vallas will make it all a major debate in the Chicago election. Suffice it to say for now that it has been done with great success in many places around the nation which are getting better educational results with less spending per student.
I agree that it has been done with success in many states but what type of laws were in place there to allow them to do so? Do individual counties in those states that have the equivalent of our Ptell? Are they home rule? We have so many laws in place that basically guarantees our school districts with almost unlimited money mostly from taxpayers. Can teachers strike in other states? Again if implemented can the private schools handle the influx of students considering they are almost at capacity due to many public schools being closed from Covid. Private schools were… Read more »
Freddy, there is no doubt that Ptell and a number of other statutory impediments would have to be changed or adjusted to implement full school choice. For now, there is no hope of that because the political establishment does only what the teachers’ unions want. Even now, however, there are lots of in-between options such as merely expanding the small tax credit scholarship program we have already.
All the laws and special accommodations create a impediment to a school choice option.
It’s not hard to imagine once (and if) a school choice option was crafted and passed that the opposing lawsuits would overwhelm the courts.
Too many laws, restrictions, and too powerful unions impede progress and portend the imminent demise of a once great state.
I know a local student who has Downs Syndrome who is forced to go to a government school instead of the local parish school, even though his family had gone to that parish for years. Maybe a change like this will allow/force the parish sponsored school to take him as a student.
I also know several students with emotional issues that would benefit from a school that includes religious training, but they are not welcome at those schools anymore. I think these potential changes will help both of these scenarios.
A friendly reminder that the “separation of church and state” was enacted to protect the church, not the state.
Here is some info on the subject of separation of church and state which is not in the U.S. Constitution.
https://www.learnreligions.com/separation-of-church-and-state-myth-249688
https://www.compellingtruth.org/separation-church-state.html
I’m all for dumping public money into any type of school given the abject failure of many of our learning institutions. Besides the dismal educational record with test scores an the like, I think a lot of what has brought this discussion to the forefront is that children are being indoctrinated with CRT and other social justice nonsense. Teachers should focus on how to think and not what to think. All this brings me to a question: If we start giving public money to religious schools, are these schools going to mandate that each student take religious education courses? Teaching… Read more »
This could be a truly momentous decision for education in this country. Public schools have failed miserably in so many places in the U.S. Private schools are a wonderful, wonderful alternative for those that will take advantage of that option. But, as has been pointed out here, there are not enough of them currently in place to offer education to all who want an alternative to the public schools. And in some less populous areas they may never be a viable option. And remember, too, that many, perhaps most, private schools can pick and choose their students. They are selective, limiting enrollment to only those… Read more »
If you gave a religious school a voucher valued at half of what a public education costs I think they would be able to recruit teachers and pay a decent salary.
Sure, lots of people out there are willing to work for one-third to one-half less than the local competition offers. Are they the best candidates? That’s another issue for thought.
Part time pay for part time work
Sure, let’s go for lowest bidder types. That’s how I’d shop for a surgeon, wouldn’t you? Why should my kid expect better? The little brats needs to learn how the world works and toughen up anyway.
I attended Catholic schools my whole life and have taught in public school my whole career. I’m not saying it’s true all of the time, but most of the time, yes, head-to-head, teachers at private schools are better than their public school counterparts. You assume that because the money is less, the quality is lower. But in fact, the guaranteed higher pay and practical impossibility of being let go due to incompetence in the public sphere is a magnet for those who bring truth to the phrase, “Those who can’t, teach.” My nieces attended a private K-12 Christian school in… Read more »
Sure, what you’ve said applies somewhere and sometimes, but your personal stories are not exactly random or large-scale scientific samples. We all have have personal experiences in all kinds of ways, but to throw them out as true on a larger scale is wishful thinking. I’ve known people who’ve had good, reliable service from Chryslers and Volkswagens, but statistically both are worse than average in that aspect of ownership. Throwing money at something thinking it has to be better is far from a sure thing, but purposely underfunding personnel as a general rule will not entice the better job applicants… Read more »
I dare say that would be money well spent. And, of course, teachers in private (especially religious) schools do so because they are able to teach effectively and don’t have many of the ‘issues’ you find in public schools. That can be more rewarding than money.
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I love your subtlety ‘issues’ a euphemism for ‘situation’
The public school problem and high taxes are what drove many young families to leave Illinois.
If kids can’t get a good education, it’s time to leave for greener pastures.
IL will never allow public funds to be used for private tuition. The unions will stamp their little feet and whine and cry until their bought and paid for politicians comply.
I am for school choice but if this becomes reality what is the capacity of local private schools? Most of the private schools are limited in the number of students they have room for and are probably already close to capacity. To build an addition to the school is costly due to high material prices and the lack of qualified builders/workers plus there may not be room for an addition. This could take a few years to build if needed.
Tuition assistance for religious schools is a blessing, but as we’ve seen at the university level, the more $$$ thrown at them, the more expensive they become. I pray religious schools remain focused on mission, not margin.
That giant sucking sound you hear is families ditching failed public schools — schools that teach nothing but sexualized grooming, race-hate based CRT garbage
The problem is concentrated in Chicago, the rest of the state is doing ok. So don’t ask the state to fix a Chicago problem.
Ron, please see our recent, comprehensive report on Illinois schools. Across the state they are an unmitigated failure, with some notable exceptions. Poor student achievement and near-zero accountability: An indictment of Illinois’ public education system – Wirepoints Special Report
Mark – I think your comprehensive report is excellent, and the problems – whether in Rockford, Chicago or Decatur, are beyond significant. My grandfather, a very tolerant man and a pro football player from the 20’s and 30’s, was born in Decatur. He would be shocked at what is happening there today. He viewed the values and work ethic he picked up from his early years in Decatur as an advantage. Not the case now.