The story: As legal challenges to the wave of newly adopted education choice laws wind through the courts, a judge just handed New Hampshire a big win.
On Tuesday, the Merrimack Superior Court rebuffed a legal challenge to the Granite State’s Education Freedom Account Program, siding with the state and three parents who intervened with the help of the Institute for Justice.
Presiding Judge Amy L. Ignatius determined that the state legislature “established proper safeguards and did not impermissibly delegate a government function” when it authorized a scholarship funding organization to administer the program.
Flashback: The New Hampshire legislature created the EFA program in 2021 to provide low- and middle-income families with education savings accounts that parents can use for various education expenses, including private school tuition.
In December 2022, Debrah Howes, the head of the American Federation of Teachers in New Hampshire, sued state Education Commissioner Frank Edelblut, claiming the program violated restrictions on educational funding in the state constitution and state law. The program now serves 4,000 students and continues to grow, according to state education officials.
Zoom In: Howes’s legal arguments focused on several funding sources, including the state Education Trust Fund used to provide adequate education grants to school districts. The complaint also cited a constitutional provision that requires money from the state-run lottery be used exclusively for state school districts.
In rejecting these claims, Judge Ignatius ruled that the nine funding sources that contributed to the Education Trust Fund in 2022 are not segregated, making it impossible to prove that the lottery proceeds were allocated to the program. She also pointed out that after Howes filed her lawsuit, legislators amended the law om 2023 to allow the distribution of Education Trust Fund money to scholarship funding organizations, making Howe’s claim moot.
The judge also ruled that the state’s delegating the program’s management to the Children’s Scholarship Fund New Hampshire did not violate any laws and that the legislation also established an oversight committee to monitor implementation and determine which expenses qualified as educational.
What they’re saying:
“The EFA Program helps my daughters attend a school that meets their unique needs and in which they are thriving. It is a great relief that the program will continue to support educational options that work for my kids and for so many other families across the state.” — Amy Shaw, one of the parents who intervened in the lawsuit
“The court’s decision underscores the legality of the EFA program previously approved by legislators, but more importantly allows New Hampshire students and families to find the best educational pathway available for their unique needs. The value of this program continues to be far-reaching, with numerous success stories emphasizing just how impactful EFAs have been statewide.” — Frank Edleblut, New Hampshire’s education commissioner
“The Legislature should be focusing far more time and resources on the needs of the 160,000 Granite State public school students who deserve a robust curriculum and fully staffed schools, not on the 4,000 students whose families choose to take state-funded vouchers. Vouchers have exacerbated an already disparate burden placed on local property taxpayers to fund the basic right to a quality public education. — Debrah Howe, president, American Federation of Teachers New Hampshire
“This decision preserves the ability of Granite State families to have real options so they can make the best educational choices for their students. All children should be able to receive the strongest education possible to meet their learning needs, no matter their economic status.” — John Formella, New Hampshire’s attorney general
“New Hampshire families in need are grateful and relieved that justice prevailed and that the court dismissed the case and upheld the constitutional EFA program. New Hampshire parents believe they should have the power to spend their child’s education funding on an education that they know will work for their children. All New Hampshire children should have the education that is the right fit for them to realize their unique potential.” — Kate Baker Demers, executive director, Children’s Scholarship Fund New Hampshire
Possible next steps: The plaintiff can file a motion with the judge to reconsider and can also appeal to the New Hampshire Supreme Court.
Attorney General, Joseph Foster (D). Source NH Department of Justice
Croyden School District in New Hampshire has just 37 students in grades 5-12 and no middle or high school for them to attend. As a result, it allows parents to choose schools in other districts, including private schools. The State's Attorney General Office has now sued to stop Croyden from sending five students to a Montessori private school.
In response, Croyden raised $20,000 to defend the district's school choice policy.
Interestingly, the five students attending private schools are also helping to save about $19,000 for Croyden taxpayers, as their school is actually cheaper than neighboring public schools.
As the Florida teachers union and school boards association announced a lawsuit this morning against the Florida tax credit scholarship, the New Hampshire Supreme Court unanimously upheld that state’s tax-credit scholarship program, arguing the plaintiffs had no standing.
In 2013, the American Civil Liberties Union (ACLU) and Americans United for Separation of Church and State (AU) sued to terminate the New Hampshire program. They argued the program violated the state’s Blaine Amendment, prohibiting aid to sectarian schools and institutions.
Since the scholarships are paid for by donations backed by an 85 percent tax credit, rather than direct state appropriations, the plaintiffs had to argue that tax credits were akin to a government appropriation. It must be noted that the loss in revenue due to the tax credit is also offset by an equivalent reduction in expenditures toward K-12 education as students enroll in private schools.
Citing the U.S. Supreme Court decision in Arizona Christian School Tuition Organization v. Winn (2011), defendants in New Hampshire argued the tax credits are not appropriations and, as such, the plaintiffs had no standing to file suit. They also argued the plaintiffs lacked standing since they could not demonstrate that any individual suffered harm.
Although the New Hampshire Supreme Court did not touch on the Winn decision, it did agree the plaintiffs did not have standing.
The court could not find that the plaintiff’s rights had been “prejudiced or impaired as a result of the program’s implementation.” The court further held that “petitioners fail to identify any personal injury suffered” and that “there is no evidence that by granting tax credits to other businesses, the program alters the amount of taxes [a business] is or will be required to pay.”
Not even potential reductions in revenue to the state or to individual schools as a result of tax credit scholarships was enough to establish standing. (more…)
Arizona: A former school teacher criticizes the state superintendent of public instruction for his support of Common Core and school choice (East Valley Tribune). The Sierra Vista Herald editorial board says the state superintendent's support of ESAs hurts public schools. Applications for Empowerment Scholarship Accounts doubles (Heartlander). The Arizona Republic editorial board opposes allowing public funding to go to private schools, especially now that the state support for ESAs exceeds the state support for public schools (note: the editorial board's calculation excludes local support for public schools). A consultant at a scholarship organization is indicted for stealing $529,000 in scholarship money (Arizona Republic).
California: Vanila Singh, a professor and physician at Stanford University and congressional candidate, says school choice is the key to student success (Mercury News). The California Charter Schools Association has sued the West Contra Costa School District for withholding tax revenue intended to fund charter schools (Contra Costa Times). Charter schools struggle with online assessments (FSRN Radio).
D.C.: Two charter schools allegedly under federal investigation for possible discrimination say they have never received a complaint from a student or parent (Washington Post). President Obama sends his daughters to Sidwell Friends, an elite private school that refuses to release information on student course completion and graduation rates (Washington Post).
Florida: The tax-credit scholarship expansion will allow the program to serve higher-income families (Education Week, Tampa Tribune, WJHG TV). More low-income families will benefit from the tax-credit scholarship program if the Governor signs the bill into law (Florida Times-Union). The state passes the nation's second education savings account program (Foundation for Excellence in Education). Daphne Cambell (D-Miami-Dade) says she voted to expand the program because giving poor kids more options is the right thing to do (Miami Herald). The Tampa Tribune editorial board says the scholarship expansion is justified because every student deserves to find a school that works well for them. Brian Tilson, owner of a communications firm in Boca Raton, says the scholarships are unpopular and are hurting public schools (Gainesville Sun). Ron Matus, the editor of redefinED, says more progressive Democrats support parental choice (Gainesville Sun). The scholarship program helps families afford Jewish day schools (Chabad News). State Impact talks with Sen. John Legg about the legislative session including the passage of the scholarship bill. Marc Yacht, a retired physician, say charter schools should be more regulated and held to the same standards and rules as traditional public schools (Sun Sentinel).
Georgia: The Southern Education Foundation helps file a suit to overturn the state's tax-credit scholarship program (Watchdog). A former reporter sends her daughter to a charter school and says each school is so different it is difficult to compare them to each other let alone public schools, and that is a good thing (Atlanta Journal Constitution). (more…)
Arizona: The Tucson Diocese School Board says parents can be trusted to decide on the education for their own children (Arizona Daily Star). Gov. Jan Brewer signs a bill to expedite the approval process for parents seeking Empowerment Scholarship Accounts (Associated Press). The state superintendent of public instruction will increase scholarship amounts to 90 percent of the funding for charter schools after the state legislature declines to clarify the voucher funding limits (Capitol Media Service). The Jewish Tuition Organization raises $2.9 million to fund scholarships for seven Jewish day schools in the state (Jewish News).
Colorado: The Coloradan chronicles the six charter schools of Fort Collins.
Connecticut: Charter schools in the state receive about $3,000 less per pupil (New Haven Register). Education leaders in Bridgeport and Stamford consider taking legal action to stop more charter schools from opening in the cities (Connecticut Post, Associated Press). Education reform groups representing many different interests, including charter schools and school choice, work to shape education policy in the state (Middletown Press News).
Florida: A bill to expand the tax-credit scholarship program and create an education savings accounts program stalls on Thursday (Associated Press, Politifix) but passes out of the Senate and House the next day (Associated Press, redefinED, Tampa Bay Times, WFSU, Florida Current, News Service of Florida, South Florida CBS 6, Miami Herald, Jaypgreene.com). State Sen. Dwight Bullard, D-Miami, an opponent of the scholarship expansion, accuses Step Up For Students of bribery but refuses to offer proof and apologizes for his comments (Palm Beach Post, Orlando Sentinel). (Step Up administers the program and co-hosts this blog.) Opponents rallied to try and defeat the bill (Orlando Sentinel).
A lot of back-and-forth on whether tax credit scholarships are good for English language learners (Voxxi, Tampa Bay Times). Kate Wallace with the Foundation for Florida's Future says school choice helps students and is only a threat to adults worried about keeping their jobs (Context Florida). Educators in both public and private schools say school choice is beneficial to students (redefinED). Valerie Strauss argues "accountability" means everyone should follow the exact same rules, regulations, curriculum and take the same exact tests (Washington Post). John Romano, a columnist for the Tampa Bay Times, calls lawmakers hypocrites for not requiring private schools to follow the same accountability rules as public schools.
The state legislature cuts charter school capital funding support from $91 million to $75 million (Tampa Bay Tribune, redefinED). Charter schools receive less money than traditional district schools (State Impact). The Florida League of Women Voters discuss its study on charter schools on WJCT radio. A school district explores allowing students access to other public schools through open enrollment (Ocala Star Banner). (more…)
Arizona: A bill to allow children of military service members killed in action to become eligible for Empowerment Scholarship Accounts passes into law (Watchdog). Gov. Jan Brewer vetoes a bill to allow owners of S-Corps to receive individual tax credits for donations to scholarship funding organizations, but signs two bills related to Empowerment Scholarship Accounts (Arizona Republic, Associated Press).
California: Two Democrats battle for leadership of California's K-12 system: one backed by the establishment and the other backed by education reformers (Reuters).
Colorado: The school choice oriented school board in Jefferson County looks to provide more equity for charter school funding (Denver Post). Fewer students get their first choice in Denver's public school choice program (Chalkbeat).
D.C.: The D.C.Public Charter School Board hears proposals for eight new charter schools (Washington Post).
Delaware: A charter school principal says charter schools were meant to help improve the quality of public education but not intended to simply duplicate public schools (The News Journal).
Florida: The senate revives a plan to expand the tax-credit scholarship program, but the senate's version is less ambitious than the House version (Education Week, Tampa Bay Times, Florida Current, The Ledger, WFSU, Palm Beach Post, Naples News, Highlands Today, GTN News, St. Augustine Record, redefinED). William Mattox, an education researcher at the James Madison Institute, argues that private schools already face greater accountability because parents, and donors, can leave at any time (Daytona Beach News-Journal). A local public school PTA president favors school choice and says the legislature should expand options, not deny them (Tampa Tribune). The Palm Beach Post editorial board opposes expanding tax-credit scholarship eligibility from 230 percent of poverty to 260 percent because that now represents the middle class. The Orlando Sentinel editorial board opposes expanding the tax-credit scholarships without more accountability, which the editorial board defines as taking the exact same test as public school students. The Tampa Bay Times editorial board believes it is hypocritical to require the FCAT of public schools and students but not of private school students on scholarship. A private school principal says she supports school choice in all its forms because schools that work for one child may not work well for another (Context Florida). A tax-credit scholarship mom says she is thankful for a program that helps build a future for her children and others (Daytona Beach News-Journal). (more…)
Alabama: The Alabama Education Association, which opposes a new tax-credit scholarship program, says former Gov. Bob Riley has personally banked up to $1 million from it (he has made $0) (AL.com). The AEA is spending hundreds of thousands of dollars to back Republican and Democrat candidates to run against lawmakers that support school choice. (AL.com).
Arizona: A bill to expand the education savings accounts program advances in the Senate (Arizona Capitol Times, Associated Press) but is defeated after nine Republicans vote no (Arizona Republic, Arizona Daily Star, Associated Press). Laurie Roberts, a columnist for the Arizona Republic, describes the Empowerment Scholarship Accounts expansion as a bill designed to weaken public schools. The accounts allow families access to special needs funds in order to customize the learning options for their children (Wall Street Journal, Jay P. Greene Blog). The editorial board for the Daily Courier says school choice should remain limited to public schools, including public charters. The accounts allow parents to save money for use in future education, including higher education, and David Saifer, a columnist for Tucson Weekly, seems to think saving money is a terrible idea. So do public education officials (Arizona Capitol Times). A Democrat campaign manager says the accounts will destroy public education (Maricopa.com).
Delaware: State officials approve four new charter schools (The News Journal).
Florida: Steve Knellinger, an administrator at St. Petersburg Christian School, says tax-credit scholarships create more options and help improve student achievement (Tampa Bay Times). A mother of two tax-credit scholarship students is mad the PTA is fighting thel scholarships (Florida Times-Union). James Herzog, director of education for the Florida Conference of Catholic Bishops, says there is good evidence to prove school choice expansion is needed (Palm Beach Post). Gov. Rick Scott is noncommittal on whether private schools accepting scholarship students should take the same state assessment as public schools (State Impact). The Florida Citizens for Science want private schools that accept tax-credit scholarships and vouchers to teach evolution by state standards (Tallahassee Democrat). A former Republican lawmaker says public schools should be fully funded before allowing voucher programs to expand (The Ledger). Frank Cerabino, a columnist with the Palm Beach Post, says school choice has been around for a long time for those who can afford it. The Florida Times-Union editorial board says education achievement is getting better and solving poverty is a better solution to improving schools than attempting school choice. Eileen Roy, a school board member in Alachua County, thinks vouchers will destroy public schools (Gainesville Sun). Former state Senator Al Lawson says tax-credit scholarships serve some of the most disadvantaged students in the state and the program deserves to be expanded (Florida Today).
Democratic lawmakers blame charter schools for a decrease in state appropriated capital funding for public schools (Creative Loafing). Charter school critics claim charters get the lion's share of capital funds but the critics disregard local revenue sources (redefinED). Six single-gender charter schools will open over the next few years in the Jacksonville area (Florida Times-Union). (more…)
Alabama: The Southern Poverty Law Center says school choice hurts students who can't leave their public school (Montgomery Advertiser).
Alaska: More Republicans sign on to support the governor's constitutional amendment proposal to allow public funding of private religious schools (Anchorage Daily News). You can pick your grocery store and you can pick your coffee shop, so why can't you pick your school (Alaska Dispatch, Alaska Daily News)?
Arizona: The state leads the nation with the newest school choice innovation: education savings accounts (Watchdog.org).
California: High Tech High charter school in San Diego wishes to buy a building owned by the local school district in order to open a new elementary charter school (Voice of San Diego). Parents unhappy with their local schools are using Parent Trigger to make changes (NationSwell).
D.C.: City charter schools may soon be sharing space with district public schools (Washington Post).
Florida: 1.5 million students choose a school other than their assigned neighborhood school (redefinED). Catholic schools in Florida see small growth in enrollment for the second year in a row (Florida Times Union). A public boarding school for at-risk students prepares to open this fall (Miami Herald). The owners of a private, voucher-accepting school that abruptly closed its doors in Milwaukee have opened a similar school in Daytona Beach (News-Journal). House Speaker Will Weatherford wants to increase the number of low-income children allowed onto the state's tax-credit scholarship program as well as increase private school accountability (Tallahassee Democrat, Tampa Bay Times, Palm Beach Post, WFSU). Florida's high rate of return on its education investment may be due, in part, to the many diverse education options available to students, says William Mattox a research fellow at the James Madison Institute (Orlando Sentinel). The Manatee County School District holds a school choice fair to feature the district and charter schools in the area (Bradenton Herald). The city of Hollywood is pushing local district schools to market themselves better in order to lure students and families back into the schools (Sun Sentinel).
Idaho: More than 55,000 students attend charter schools, private schools or home schools in the state (Idaho Press). Renee McKenzie, president of the Coalition of Idaho Charter School Families, says every family deserves school choice (Idaho Press).
Illinois: Chicago Mayor Rahm Emmanuel addresses critics who said it was unfair to approve seven new charter schools while shutting down 47 public schools last year (Chicago Tribune).
Indiana: The state's voucher program more than doubles in size over last year (Indianapolis Star, Journal Gazette, Northwest Indiana Times). The number of voucher students who never attended public school increases (Indiana Business Journal, The Star Press, Indianapolis Daily Star). The editorial board for the Fort Wayne Journal Gazette wants voucher schools to follow the same rules as public schools. A proposed bill to allow private schools to use a state-approved standardized test rather than the state's official test is quickly rejected (Indianapolis Star, Indianapolis Star, JCOnline). School choice supporters in the state say the voucher, worth $4,700 this year, is too low for most private schools (State Impact). Robert Enlow, president of the Friedman Foundation, says parents should not be forced to send their kid to a public school before gaining access to vouchers (Indianapolis Daily Star). Critics of school choice argue that vouchers can't be used at private schools which teach creationism or intelligent design (Journal-Gazette). The senate passes a bill to allow charter schools for returning adult students (The Statehouse File). (more…)
Alabama: The state releases the new list of "failing schools" where assigned students may seek transfers to other public or private schools (Education Week). The Birmingham Public School District seeks waivers from the state to allow some schools to operate more like charters (AL.com).
Alaska: Will 2014 be the year school choice reaches Alaska (Peninsula Clarion)?
Arizona: A school board member in Gilbert hopes to create a voucher program modeled after the one in Douglas Co., Colo. (AZ Central). A charter school organization plans 25 new schools for low-income areas in south and central Phoenix (New York Times, Center for Education Reform).
Arkansas: In response to a charter school controversy in Texas, the state education commissioner states that charter schools in the state must follow state science standards (Arkansas Times).
California: The state misses out on an opportunity for school choice (OC Register). Two leaders of a group resisting efforts to convert a public school into a charter school plead 'not guilty' to charges of vandalism (LA Times).
Connecticut: Parents attend a public school choice fair but some critics argue that school choice leads to more inequality for those left behind (The Connecticut Mirror).
D.C.: A judge rules that defendants, in a case involving a charter school run afoul of the D.C. Nonprofit Corporations Act, will not be dismissed (Washington Post).
Florida: Founders of an abruptly shuttered private school in Milwaukee turn up in Florida with a new private school (Milwaukee Journal-Sentinel). The Brookings Institution gave Polk County a "C" rank on school choice (The Ledger). A public boarding school for underserved children school operated by the SEED Foundation plans to open this fall (redefinED). With a looming fiscal crisis ahead, Florida can't ease up on education reform (redefinED). Lee County will allow free private tutoring to return to the district (News-Press).
Illinois: The editorial board of the Chicago Tribune says "it's time for school choice." Two charter schools with ties to Rahm Emmanuel are up for approval (Sun Times).
Iowa: A majority of residents favor school choice (Toledo News-Herald).
Indiana: A bill circulating in the state legislature would allow charter schools to cater to adult high school education (Indiana Business Journal). For some reason, vouchers for pre-k has not become a 'controversial' issue in the state (WLFI). The nationwide nonprofit Goodwill opens a charter school for dropouts (NPR). (more…)
Alabama: The state's new tax-credit scholarship program has nearly reached the $25 million cap (AL.com). A councilman of Birmingham says the Alabama Accountability Act must be repealed (AL.com).
Alaska: The state should abolish the Blaine Amendment and allow private school vouchers (Daily News Miner).
Arizona: Education reformers plan to rapidly expand the Education Savings Accounts program if the state Supreme Court approves (Arizona Daily Sun). The Arizona Daily Sun editorial board takes a stand against expanding Education Savings Accounts, instead arguing that the state should spend more money on traditional public schools. A Republican state senator owns businesses that have financial dealings with his own tax-credit scholarship organization (CBS 5).
California: Gloria Romero, a Democrat and former state senator, argues school choice is a parent's right (OC Register). Some public schools that convert to charters are seen as charter schools in name only (Seattle Times, Joanne Jacobs). Market competition leads to collaboration in L.A public school choice (EdSource). The California Charter Schools Association calls for the closure of a low-performing charter school managed by UC Davis, Sacramento City College and the Washington Unified School District (Sacramento Bee). Will the state embrace charter schools (San Diego Tribune)? San Diego earns low scores on the Brookings Institution's school choice index (Press Telegram).
D.C.: Thousands of parents attend a school choice convention to find the right school for their child (Washington Post). Democracy Prep, a charter school from New York City, will be taking over an Imagine charter school in the district (Washington Post).
Delaware: A judge blocks the closure of an all girls charter school on 14th Amendment grounds (Education Week).
Florida: Four school districts in the state rank in the top 25 for school choice according to a new Brookings Institution report (redefinED). Virtual charter schools grow (redefinED). The Duval County School District holds an expo to advertise public school choice options to parents (Action News Jacksonville). Legislators propose two competing charter school bills, one creating a standardized contract to make it easier to form charter schools and the other to require surety bonds before a charter school can open (Sun-Sentinel, Tampa Bay Times). Another proposed bill would allow charter schools to share space with district schools (Miami Herald).
Georgia: New rules require charter schools to score as well as or better than the state and district averages on the state's 110 point grading scale, or risk having their charters revoked (Atlanta Journal-Constitution).
Illinois: An op-ed writer says Chicago has too much school choice (Chicago Business). Six Catholic elementary schools are slated to close by next year (Chicago Tribune).
Louisiana: Gov. Bobby Jindal asks the court to reconsider the decision to allow federal monitoring of the voucher program to ensure racial balance (Times-Picayune). The U.S. Department of Justice is asking the court for the power to veto any voucher award (Cato Institute, National Review, Catholic Online). A state panel suggests a new way to fund the Course Choice program (Shreveport Times). New Orleans tops the Brookings Institution's school choice index (Watchdog). School choice empowers parents (Business Report). New Orleans shows how urban districts can create real achievement growth through school choice (US News and World Report). (more…)
