To justify this ban on special education for children in religious schools, Washington relied on state constitutional Blaine Amendments — the same unfortunate relics of 19th - century anti-religious bigotry that
opponents of school choice programs rely on to thwart educational opportunity.
Despite their sordid history, Blaine Amendments are today used not only by Washington to deny educational opportunities for children with special needs, but also by
opponents of school choice programs to deny parents the right to select the schools that are best for their kids.
Despite this growing consensus,
opponents of school choice programs persist in their attempts to spread fear among parents and the general public by falsely accusing these programs of undermining local public schools and of further restricting educational access.
The main two arguments used by
opponents of school choice programs are that (1) such programs enable parents to withdraw both their children and their children's education funding from public schools and that (2) this loss results in further financial strain and worse education in public schools.
Not exact matches
The prediction comes from both proponents and
opponents of the tuition - voucher measure, which, by providing parents with $ 900 for each student enrolled in a private or out -
of - district public
school, would be the most extensive
choice program yet adopted by any state.
But Wisconsin state senator Russ Decker, a leading
opponent of vouchers, has argued that the
program gives money to children who would attend private
schools anyway and declared, «You've got a lot
of additional money going into the
choice program that we could better use funding public education statewide.»
School choice opponents long have understood that a regulatory barrage is the first step in the ultimate goal
of killing such
programs.
Opponents would claim that the inclusion
of religious
schools among the
choices for parents violated the separation
of church and state, required by the federal constitution, and they challenged the
program in court.
And voucher
opponents have been creative in identifying a wide variety
of constitutional provisions, having nothing to do with religion, under which to challenge
school choice programs.
Last week, several news outlets circulated a report by the U.S. Department
of Education's research division that found negative results for students who participated in the District
of Columbia's Opportunity Scholarship
Program (OSP), the only private school choice program for low - income children in Washington, D.C. Predictably, opponents of school choice descended on the report to tout it as evidence that school choice does no
Program (OSP), the only private
school choice program for low - income children in Washington, D.C. Predictably, opponents of school choice descended on the report to tout it as evidence that school choice does no
program for low - income children in Washington, D.C. Predictably,
opponents of school choice descended on the report to tout it as evidence that
school choice does not work.
Opponents have hamstrung
school -
choice programs at every turn: fighting voucher
programs in legislative chambers and courtrooms; limiting per - pupil funding so tightly that it's impractical for new
schools to come into being; capping the number
of charter
schools; and regulating and harassing them into near conformity with conventional
schools.
School choice opponents have seized on these findings as evidence that these
programs are ineffective and even harmful while advocates point out that Louisiana is heavily regulated, the first few years
of an evaluation tell only the worst part
of a story (i.e. there are transition effects), and that we should be careful about a heavy - handed focus on test scores.
In defense
of Arizona's new
school choice programs, Dick's research (described on page 4
of this newsletter) directly undercut our
opponents» assertion that the new
choice programs were both unprecedented and dangerous.
WILL's President and General Counsel, Rick Esenberg, and Executive Vice President, CJ Szafir, write in The Weekly Standard, on how the ACLU and other
opponents of Wisconsin's
school choice program used the Obama Department
of Justice to investigate and derail the oldest - in - the - nation
program.
As a large number
of New Hampshire's nonpublic
schools are religious,
opponents of school choice have challenged the
program under, among other things, an 1877 amendment to the state constitution frequently referred to as a Blaine Amendment.
But as with the Blaine amendments, as I said, these can be construed — they don't have to be, and frequently have not been, but they can be construed — in just the same way that the
opponents of parental
choice programs wanted the federal Establishment Clause construed, and would like the Blaine amendments construed, namely, to apply to assistance to families that use that assistance to attend a religious
school, in a free and independent
choice.