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Home , Samuel Alito

June 2010 • Number 356

Council for American Private Education

outlookVoice of ’s ­private schools ★ Luminaries Energize Attendees at School Choice Policy Summit swarm of impressive analysts and lead- children “who are being failed by a public $24,000 per pupil per year; from a mother Aers from the spheres of politics, media, school system whose costs are exorbitant who believed in her heart that the luck of and business energized attendees at a two- and whose results are insulting.” pulling a ticket out of a barrel was going day policy summit last month hosted by a “We know that there are over five mil- to be the determining factor of whether new and determined school choice advo- lion children trapped in over 10,000 fail- her son was going to be a college student cacy group. Chris ing public schools around America,” said or whether her son was going to join the Christie, CNN analyst Roland Martin, Christie. “And I use the word ‘trapped,’ ranks of the incarcerated. That is obscene. former U.S. Secretary of Education Rod and I use it directly. They are trapped It is an obscenity in America today to have Paige, and an army of other school choice by an educational bureaucracy. They are that situation be confronted by any parent. luminaries offered insights and advice on trapped by a It is an even how to advance equal educational oppor- selfish, self- greater obscen- tunity for disadvantaged children across interested, ity in the state the country. greedy school that spends The American Federation for Children union that cares more money (AFC), which was formed in January and more about per pupil than whose mission is to improve K-12 edu- putting money any state in cation by advancing “sustainable public in their own America on policy that empowers parents, particularly pockets and in public educa- those in low-income families, to choose the pockets of tion. That’s the education they determine is best for members than what we are their children,” sponsored the education they care about here to stop.” reform forum May 3 and 4 at the Omni educating our Christie and Shoreham Hotel in Washington, DC. most vulnerable his wife, Mary AFC’s vision is to bring about the “funda- and needy chil- Pat, send their mental transformation of public education dren.” four children through parental choice.” It defines public Christie New Jersey Governor presents a package to Catholic education as “providing families, particu- said half the of legislative reforms at the Statehouse in Trenton, NJ, on school because larly low-income families, with the public students in the May 10, 2010. (Governor Photos/Tim Larsen) “we want them funding they need to choose the education country’s larg- to go to a place they determine is best for their children.” est cities never graduate from high school, that will not only give them a robust edu- and he singled out Newark, NJ, for special cation but also reinforce the values that Gov. Chris Christie criticism: “We are spending $24,000 per we’re trying to teach them at home.” The Governor Christie, perhaps the nation’s pupil in public money for an absolutely Christies have made that choice “despite most passionate gubernatorial champion disgraceful public education system—one the fact that we pay $38,000 a year in of school choice, described an agenda to that should embarrass our entire state.” property taxes in New Jersey, 80 percent of advance the issue in the Garden State, that towards our public school system in whose politics, according to the governor, College or Jail our town.” But the governor said a single have been dominated by the New Jersey The governor described a conversa- mother in Newark, “working two jobs to Education Association. “If we can make tion he had with a mother whose child keep a roof over her child’s head,” should this happen in New Jersey over the course had won a lottery for selection into an have the same ability to choose her child’s of the next four years, there is no excuse acclaimed charter school in Newark. She school. “Her child’s life is no less precious for anyone anywhere not to get this done. believed the selection meant the differ- than ours. Her child’s future is no less We’re going to lead the way,” he said to ence between her son gong to college or promising than ours. And the great things enthusiastic applause.” going to jail. He summed up the encoun- that her child will do with his or her edu- Christie said his driving principle is ter this way: “From a mother in one of cation will mean just as much to the great simple and straightforward: “Parents the wealthiest states in America; from a state of New Jersey as what our children and children deserve a choice,” especially mother in a school district that spends continued on page 2

© 2010 Council for American Private Education continued from page 1 organized families and students in the city to will do with their education.” enroll for a day in a local suburban public school The New Jersey legislature is currently consid- district to protest a lack of equal educational op- ering legislation to provide opportunity scholar- portunity. This year Meeks mobilized parents ships to help low-income students attend private in support of legislation to help students in the CAPE member organizations: schools. The program would be funded by con- city’s worst-performing public schools enroll in Agudath Israel of America tributions to scholarship-granting organizations religious and independent schools. American Montessori Society from companies that then would receive dollar- Martin said he has a fundamental problem Association Montessori for-dollar tax credits with politicians and civil International–USA for those contributions. rights leaders who op- Association of Christian Schools Christie said the bill over pose school choice while International time would permit “thou- enrolling their own chil- Association of Christian sands and thousands of dren in private schools. Teachers and Schools children to pursue educa- His message to them was Association of Waldorf tional choice.” He called simple: “If you believe in Schools of N.A. the bill the “first step” public schools that much, Christian Schools International that would eventually send your children there.” Evangelical Lutheran Church “lead to school vouchers The third of Martin’s in America across the state of New M’s is message. Speak- Friends Council on Education Jersey so that choice is ing as someone from the Lutheran Church–Missouri Synod available to every parent media who knows about National Association of and every child.” honing messages, he of- fered several pieces of Episcopal Schools Elections Matter National Association of advice to school choice Independent Schools Another message from advocates. For one, National Catholic Christie was that “elec- they should not depict Educational Association tions have consequences.” private schools as provid- National Christian School Association As proof, he cited the ing public schools with Oral Roberts University change in New Jersey “competition”—a term Educational Fellowship from an administration that engenders a defensive Seventh-day Adventist last year that was anti response. Instead, the Board of Education school choice to one message should be that Conference of that is willing to lead the CNN analyst and journalist Roland S. Martin private schools “comple- Catholic Bishops charge. He also said he (photo: rolandsmartin.com) ment” public schools. Wisconsin Evangelical Lutheran sees “the sun rising for And for anyone who Synod Schools this cause.” But he added: “We cannot for a argues that vouchers should be rejected because 33 Affiliated State Organizations minute blink, hesitate….It is time for us to get they do not help everyone, Martin noted the going and to engage in this fight, to press our same could be said of charter schools and magnet a coalition of national associations serving advantage, to not only lead, but to give voice to schools. private schools K-12 the frustration of the people who are too busy Executive Director: Joe McTighe working to put food on the table to give voice to Air Force One it for themselves.” Recounting a conversation on Air Force One with President Obama, Martin said the presi- Outlook is published monthly Roland Martin (September to June) by CAPE. dent told him, “Roland, I have no problem with An annual subscription is $35. Journalist, author, and CNN analyst Roland vouchers if they help all children,” to which ISSN 0271-1451 Martin told the group that the school choice Martin responded, “Is the current system helping movement should concentrate on three M’s: all children?” motive, mobilization, and message. Martin emphasized the pivotal role of messag- 13017 Wisteria Drive #457 Martin said the motive for the movement has ing. “You may have a great argument; it may be Germantown, MD 20874 to be pure; it has to focus on doing what is best the moral imperative; it may make absolute sense (tel) 301-916-8460 for children, rather than advancing a partisan to every logical thinking person in the world, but (fax) 301-916-8485 if you lose the message war, you lose the battle.” (email) [email protected] political agenda. A political argument, he said, turns the issue into Republican/Democrat, left/ He added, “Without that sophisticated message www.capenet.org right. “And that to me has always been the mis- where you are talking in clear and concise ways take.” to the average person, you will not be able to be Second, the choice movement has to involve successful.” the people who are affected by the policy, and For more information about the National School that means mobilizing both parents and children. Choice Summit, including videos of some summit Martin reported that two years ago, Illinois state speakers, visit . ★ ★ ★ ★ ★ ★

High Court to Hear Arizona School Choice Case A Favorite Teacher The U.S. Supreme Court announced May 24 senting the Arizona Christian School Tuition Most of us can recall our fa- that it would hear arguments in a case challeng- Organization), filed petitions earlier this year vorite teacher, but few of us ever ing the constitutionality of an Arizona statute asking the Supreme Court to reverse portions of have the chance to pay public that provides tax credits for donations to pri- the appeals court ruling, claiming that the overall tribute to that teacher. Not so vate school scholarship organizations. Enacted structure of the program is religiously neutral for Secretary of Education Arne in 1997, the law that established the nation’s and consistent with Supreme Court . Duncan. Last month Duncan took first scholarship tax credit program served as “This case is particularly worthy of the Su- the opportunity of Teacher Ap- trailblazer for similar programs that have since preme Court’s attention because the Ninth Cir- preciate Week to honor Darlene been established cuit’s decision di- McCampbell, his high school Eng- in six other states: rectly conflicts with lish teacher at the independent Florida, Georgia, no less than four University of Chicago Laboratory Indiana, Iowa, of the court’s past Schools. Duncan and McCamp- , and Scholarship Tax Credits uphold- bell discussed the importance of Rhode Island. ing other school teaching in a video released by “The Supreme choice programs,” the Education Department. Court’s decision said Keller. The secretary talked about the to review this case “Parents should impact McCampbell had on his life is terrific news decide what and the high standards she set. “It for the thousands schools their chil- wasn’t easy work,” said Duncan. of families who dren attend and “But there was never talk of limits, desperately need where their money or ceilings, or what you can’t do. scholarship as- goes. This consti- As good as you thought you were, sistance in order tutionally sound she was always pushing you to to send their children to the school of their program allows families the liberty to choose the next level.” choice,” said Tim Keller, executive director of what’s best for their kids,” said Alliance Defense McCampbell, who still teaches the Institute for Justice Arizona Chapter. Fund’s Senior Legal Counsel David Cortman. at the Laboratory Schools, offered “This program is neutral; the state never touches reflections about her vocation. “A ACLU Challenges Program the private money involved, and it is one of sev- reason to go into teaching is that In 2009, the U.S. Court of Appeals for the eral popular school choice programs that offer it’s a total joy,” she said. “And yes, Ninth Circuit in effect ruled that the Arizona Arizona kids real educational opportunities.” it’s hard work…but it’s a gift.” program, which allows single taxpayers to take In another video to commemo- up to $500 in dollar-for-dollar tax credits for First Since Zelman rate Teacher Appreciation Week, contributions to school tuition organizations The Arizona case, which will be heard in the Duncan offered thanks to the na- (STOs), would violate the October 2010 term, will be the first major K-12 tion’s teachers, calling their work of the U.S. Constitution if it lacked “religious school choice ruling rendered by the high court “heroic” and saying they “bring neutrality and true private choice in making since Zelman v. Simmons-Harris, a 5-4 decision the treasures of freedom to our scholarships available to parents.” (The appeals in 2002 upholding Ohio’s Pilot Project Scholar- children.” court sent the case back to a federal trial court ship Program. When the court hears oral argu- Recalling several teachers to determine if indeed the program was being ments in the Arizona matter, it will have four in public and private schools carried out in a constitutionally impermissible new justices since Zelman: , Samuel that he’s known over the years, way.) The American Union of Alito, , and whomever the Sen- Duncan again put on Arizona and some citizens of the state alleged ate approves as the replacement for John Paul Darlene McCampbell. “She made that certain STOs restricted the use of scholar- Stevens, who announced he will resign at the it clear that in her class, expecta- ships to religious schools (a practice permitted end of the current term. Stevens voted in the tions were high,” he said. by the program), preventing recipients from minority in Zelman, as did current justices Ruth The secretary also singled out having a genuine choice between religious and Bader Ginsburg and . The other his own children’s public school secular institutions. The appeals court found dissenter, , has since been replaced music teacher, “who weaves sci- that, if the allegations were true, the Arizona by Sonia Sotomayor. Three of the five majority ence lessons into songs, and is program would differ in a constitutionally justices in Zelman—, Antonin the closest thing to a rock star in meaningful way from the voucher program in Scalia, and —remain on the the lives of my kindergartner and Cleveland, Ohio, that the Supreme Court up- court, while the other two have been replaced: second grader.” held in 2002. by John Roberts, and Sandra Duncan even mentioned his Day O’Connor by Samuel Alito. Thus, to the wife as a memorable teacher: Petitions Seeking Reversal extent that Zelman may have value in predict- Karen Duncan started her teach- Various parties defending the program, in- ing the outcome of the Arizona case, four of the ing career at the Laboratory cluding the state of Arizona, the Institute for Zelman justices—two in the majority and two in Schools in 1992 and was appoint- Justice (representing the Arizona School Choice the minority—will have been replaced by per- ed athletic director in 1997. Trust), and the Alliance Defense Fund (repre- sons new to the high court. ★ ★ ★ Council for American nonprofit org. u.s. postage Private Education paid Suburban, MD 13017 Wisteria Drive #457 Permit No. 1 Germantown, MD 20874

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notes ★ ★ Fast Fact About Private Schools: On burden could be lifted on parents who Merle Skinner, a PACAPE coordinator, May 27, the National Center for Educa- want nothing but a quality, safe education commented, “It is encouraging to know tion Statistics released the Condition of Ed- for their children.” that many of our legislative leaders under- ucation 2010, which had this to say about stand the value of the EITC program and demographic trends: “Private school en- ★ Bruce Stewart, former head of the contribution to Pennsylvania educa- rollment in prekindergarten through grade Sidwell Friends School, believes that one tion that the private schools make.” 12 increased from 5.9 million in 1995–96 public purpose of Friends schools is their to 6.3 million in 2001–02 and then de- service to the country as models of ex- ★ Can private schools play a role in creased to 5.9 million in 2007–08. About cellence in education. Moreover, their fixing state budgets? Charles T. Evans 11 percent of all elementary and secondary achievement of excellence is directly related thinks they can, at least in the state of school students were in private schools in to their autonomy and independence. In Texas. Writing in the Austin American- 2007–08. While Roman Catholic schools a keynote presentation at the annual meet- Statesman last month, Evans, executive maintained the largest share of total private ing in Philadelphia of the Friends Council director of the Texas Association of Non- school enrollment overall from 1995–96 to on Education, Stewart said top Quaker Public Schools (the Texas CAPE), noted 2007–08, the percentage of private school schools have the opportunity to be on that while the state education budget students enrolled in nonsectarian schools the cutting edge of excellence and change “hemorrhages over the next two years, increased from 20 to 22 percent during because they have “the freedom to experi- Texas private schools will actually save this period, and the percentage enrolled in ment and to explore and to do and to try.” taxpayers as much as $6 billion.” And Conservative Christian schools increased Innovation in education, said Stewart, “is they could save the state even more if from 13 to 15 percent.” critically important,” and Friends schools the legislature approved tax incentives to “can contribute profoundly to it.” stimulate contributions for private school ★ The legislature last month scholarships. According to the Texas Pub- approved a bill that provides scholarships ★ The Pennsylvania CAPE, whose as- lic Policy Foundation, the ten-year savings to enable public school students with spe- sociations represent over 84 percent of the could reach $15.9 billion. cial needs to attend a private school that religious and independent school com- meets accreditation requirements set by munity in the commonwealth, reports that Helping Schools Help Families the state or by an accrediting association key private school leaders met last month approved by the state. Gov. Brad Henry is to encourage state legislative leaders “to expected to sign the bill into law. utilize the private school community in Arizona, Florida, Georgia, Ohio, and helping to solve the educational concerns Helping Schools Help Families Utah offer similar programs. in the commonwealth.” Specifically, leg- Learn more at “Supporters of this program should be islators, including House Speaker Keith sss.nais.org lauded for advancing this new opportunity, McCall, were encouraged to fully fund this choice, to Oklahoma’s children with the Education Improvement Tax Credit special needs,” Robert Enlow, president (EITC), which provides tax incentives to Comprehensive fi nancial aid encourage corporations to contribute to and CEO of the Foundation for Educa- services for private schools. tional Choice, said. “Soon, a tremendous private school scholarship programs.

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