Showing posts with label public and private. Show all posts
Showing posts with label public and private. Show all posts

School Vouchers - Legal Watch

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This past week was National School Choice WeekSchool Choice continues to be a major area of discussion in the current education policy debates. The National School Board Association recently released facts on voucher programs to counter National School Choice Week.  As school reform advocacy strengthens, this Country will continue to face increased pressure to develop voucher programs.  In 2002, the U.S. Supreme Court in Zelman v. Simmons-Harris[1], held that an Ohio school voucher program was not in violation of the Establishment Clause.  This ruling opened up the opportunity for other states to create similar school voucher programs. The increase in voucher programs has lead to an increase in litigation regarding the constitutionality of these programs.  The success of these legal challenges depends on the language in the individual state’s constitution.
Currently there are several school voucher cases that have been recently decided or are awaiting a decision. These decisions can shape the future of voucher programs.  On November 30, 2012, a Louisiana state court held that its state voucher program is unconstitutional.[2]   The Louisiana Scholarship Program is a program designed to provide students with additional opportunities to attend high quality schools. The voucher program provided vouchers to student within a certain income bracket to allow the opportunity to attend private schools.  Judge Timothy Kelley of State District Court ruled that the Louisiana voucher program is financed in a way that is in violation of the state constitution. The state used their Minimum Foundation Program (MFP), the state’s public school funding formula, to pay for the program.
Another voucher case, Meredith v. Daniels[3], is currently in front of the Indiana Supreme Court.   Meredith, questions the constitutionality of the Indiana school voucher program, the Choice Scholarship Program, hereafter “CSP”.[4]  CSP allows Indiana primary and secondary school students, within a certain household income, to receive voucher scholarships to attend private schools.[5]   The Indiana Marion County Superior Court held that CSP was not in violation of the Indiana Constitution.[6]  The court summarized that “interpreting Article 1, Section 6 to prohibit programs like the CSP would cast double on the validity of a host of other longtime religion-neutral state programs whereby taxpayers funds are ultimately paid to religious institutes by way of individual choice.”[7]  The Plaintiffs appealed this ruling to the Indiana Supreme Court.  On November 21, 2012, the Indiana Supreme Court held oral arguments for MeredithWe are awaiting a decision on this case.  After listening to the oral arguments in this case, I did not anticipate there not being a decision two months after the arguments.   
The case of Larue v. Colorado Board of Education[8]is currently in the front of the Colorado  Court of Appeals.  Larue, challenges the Choice Scholarship Program, not to be confused with the Indiana CSP.[9]  “The Program, enacted by the Douglas County Board of Education on March 15, 2011, takes public funds provided by the State of Colorado—which are required by law to be spent on public schools—and uses them to pay for tuition at private schools. The vast majorities of these private schools are religious, are controlled by churches or other religious institutions.”[10]  The Plaintiff’s allege that the voucher program is in violations of six sections of the Colorado Constitution, and a public finance act.  The lower court agreed with the plaintiffs and issued an injunction in August 2011.[11]    Oral arguments for this case were held on November 19, 2012.  We are currently awaiting the Colorado Court of Appeals decision.  
In an Oklahoma case, Independent School District No. 5 of Tulsa County v. Spry,  the school district sued the parents regarding the constitutionality of a voucher program that provided vouchers to students with disabilities.[12]  The lower district court ruled that the voucher program was unconstitutional, however, on appeal, the Oklahoma Supreme Court refused to address the constitutionality of the voucher program because the school district did not have standing to sue the parents.  It stated in its unpublished decision, that “the school districts are not taxpayers themselves, whom this Court has long recognized have a right to challenge the illegal expenditure of public funds.”  The court further states, “the parents are clearly not the proper parties against whom to assert these constitutional challenges. We hold that the school districts have neglected to meet the threshold standing requirement for constitutional challenges.” [13]Considering that the court did not make a determination regarding the constitutionality, one could anticipate that the school district will look into possible future action.  This matter will most likely be brought again with individual citizens and taxpayers as the Plaintiffs and the Education Agency as the defendant. 
These school voucher decisions will impact education policy for the years to come.  As more organizations advocate for education reform, we will see more and more states create voucher programs.  The complication or ease in the creation of these programs will depend on the language in that state’s constitution.  The litigation involving these programs will continue to transform the definition of Public Education. Only the future will tell us what that definition will be.  On another note, what is going on with virtual charter schools in Pennsylvania?  I can smell the litigation!!!

 By:  Tiffany Puckett


[1]Zelman v. Simmons-Harris, 536 U.S. 639 (2002).
[2]Louisiana Association of Educators, et al, v. State of Louisiana, case number and opinion not available.  The case was decided by the 19th District Court in Louisiana.  Information regarding the opinion retrieved on December 1, 2012 from various websites, including, the Louisiana Association of Educators website located at http://www.lae.org/news.asp?nid=190. 
[3]Meredith v. Daniels, No. 49S00-1203-PL-00172, (Ind. filed Jan. 20, 2012).
[4]Id. 
[5]See Ind. Code §§ 20-51-1-4.7; 20-51-4 et seq.; 20-51-4-1.
[6]Meredith v. Daniels, No. 49D07-1107-PL-025402, slip op. (Ind. Sup. Ct. Jan 13, 2012).
[7]Id. at 9.
[8]Larue v. Board of Education, No. 11CA1856 and 11CA1857. (Colo. Ct. App. filed Sept. 2011).
[9]Id.
[10]Plaintiff’s complaint, Larue v. Board of Education, No. 11CA1856 and 11CA1857.
[11]Larue v. Board of Education, No. 11cv4424 and No.11cv4427.  District Court, Denver County, unpublished opinion. 
[12] Independent School District No. 5 of Tulsa County v. Spry, 2012 OK 98, __ P.3d __, decided November 20, 2012, has not been released for publication.  Until such time it is subject to revision or withdrawal. 
[13]Id. 


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Doing Less with More: the Social Significance of For-Profit Higher Education in the US

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Portraying higher education as a business is the dominant metaphor for higher education in our time. By now it is commonplace to consider students as consumers, faculty as producers, degrees and publications as products, while universities labor to protect their brand.

To some extent, US higher education has always functioned at least partially as a market, with institutions vying for faculty, students, and funding. Clark Kerr defines responsiveness to the market as a fundamental characteristic of institutions in the American system, and calls it a “gift of history”. However, in concert with the historical US marketization of education has been the longstanding philosophical tradition from Thomas Jefferson, to John Dewey and more recently to others such as Henry Giroux, of the assumption that democracy demands education as a public good. 

In response to the encroachment of corporate power into the public sphere of education, Girouxcalled for educators and others to mobilize a civic dialogue providing an alternative conception of the meaning and purpose of public education in resistance to the rise of corporate influence. For-profit higher education represents perhaps the clearest manifestation of this encroachment, as the for-profit higher education institution is a company or corporation. Despite the staggering growth in the for-profit higher education industry in recent years, alternative civic dialogues are not often voiced within the academy.  Instead, the criticisms of proprietary institutions are more often located in the popular press, documentaries, or Congressional reports, and tend to center on issues of student loan repayment, graduation rates, and admissions activities. These are essentially unfair business practices, with the larger, far more significant concerns of race, power, and politics, left largely unexplored.  Within many of these narratives, avoiding fraudulent behavior seems to be the sole standard that society demands of higher education.  In fact, some voices advocate for public and other institutions to emulate the “efficiencies” of the corporate model

Yet, if we look at the for-profit sector of higher education, it is clear that the exponential growth in the industry is far from evenly distributed. Rather, it has occurred primarily in groups that are traditionally underrepresented in higher education. Currently, the University of Phoenix is the largest educator of minority students. In fact, for-profit institutions enroll a disproportionate share of non-Asian minority, low-income, and female students. The for-profit industry hails this accomplishment as “access,” yet questions about what exactly their students have gained access to seem to go unasked.

Publicly traded, and yet publicly funded through federal and state student loans, this sector of higher education demonstrates what waits at the bottom of the slippery slope of marketization in higher education.  Absorbing roughly 30% of the federal student loan funds plus multiple private loans in many cases, and then spending approximately 25% of the budget on marketing, the for-profit sector demonstrates the incongruity of shareholder profits and the public good (see Harkin Report). Standard criticisms of the for-profit model highlight the higher tuitions, low graduation rates, high percentages of part-time faculty, high student loan defaults, and frequent indictments for fraud.  Yet, by allowing business practices to become the center of the debate, critics have seemingly acquiesced to the corporate instrumentalist vision of education, at least for large numbers of minorities and non-traditional students who enroll in such programs, accepting that for those students at least, getting a job upon graduation that pays enough to service student loan repayments is enough. Elements of racism and even a kind of Social Darwinism permeate some of this discourse, where prepackaged curriculum taught by part-time faculty in abandoned store fronts, or online, counts as “access to higher education” for minority students who for reasons that remain unstated, “could not be served” by traditional public institutions.  Capacity within the public system is often cited as the justification for tolerating this system, but such an excuse rings hollow in a nation that originated massification of higher education and is widely regarded as the leader in higher education worldwide.

For their part, public institutions espouse diversity and tout carefully calculated minority and traditionally underserved students. However, there is little to no consideration for the issues raised by a profit driven industry feeding off the raging need for higher education left unmet by the current public and private non-profit system. Moreover, research on for-profit institutions and the students they serve is scant. Policing only the “consumer protection” fundamentals of the programs seems to assuage the sense of responsibility of the academy, public institutions, government, and society in general to rectify the exclusions from civic engagement that the for-profit, instrumentalist manifestation of higher education perpetuates.

Giroux called for “educators [to] confront the march of corporate power by resurrecting a noble tradition, extending from Horace Mann to Martin Luther King Jr, that affirms education as a political process encouraging people to identify themselves as more than consuming subjects, and democracy as more than a spectacle of market culture” (2001).  While the fraudulent practices of some proprietary institutions are certainly egregious, the issues of “gainful employment” must not be allowed to dominate the discussion.  Instead, the debate should also consider true issues of access centered on larger social realities of power and oppression. The debate should consider alternate conceptions of higher education in America that would provide access for all. Without resistance to the continued vocationalization of higher education for minority and other non-traditional students, without demands for noncommercial goals for higher education including minority and non-traditional students of all ages, and without insistence on the integral and potentially transforming role of faculty as more than messengers delivering a pre-packaged product of mass produced curriculum, democracy and the institutions originally designed to serve it, have been reduced to mere spectacle in this market culture.

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Earlier this year, Zócalo Public Square asked several higher education policy experts: Will America’s public universities remain competitive with elite private universities in their teaching and research? Several researchers and experts responded (you can view the full discussion here). Among them was Forum Fellow and University of Illinois Assistant Professor, Dr. Jennifer Delaney.

Dr. Delaney’s response:

Only if funding is properly restored–which is unlikely. Both public and private institutions suffered in the last recession, but there is increasingly cause to be concerned about a growing stratification between elite public and private universities.
State support for public higher education tends to be cyclical. However, the length of time to recovery following a cut in state general appropriations has been increasing. Whereas recoveries were swift in the 1980s, they slowed in the 1990s and stagnated in the 2000s. Past public campus leaders could be reasonably assured that state appropriations would eventually be restored; however, today, cuts may be permanent. Going forward, the problem is likely to get worse, since most states face structural budget deficits, and public higher education is one of the largest discretionary–and therefore cuttable–spending areas in most state budgets.
Elite public institutions can generate funds from non-state sources (such as tuition, federal grants, private giving, etc.), and political leaders can make different choices about state investments in public higher education. However, privates are likely to recover fully as endowments rebound, while publics will continue to face challenging futures with regard to state support. As such, there is likely to be increased stratification in wealth between elite publics and privates, which portends disparities in teaching and research quality.

This article was originally published at Zócalo Public Square
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Community Organizing and Urban Education XIII: Public vs. Private

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[To read the entire series, go here. A one-page version of the entire series is here.]

Note: Much of this is elaborated from pp. 96-99 of Commonwealth by Harry Boyte.

Innumerable books have discussed different ways to conceptualize differences and similarities between “private” and “public” realms, mapping these across history, different cultural groups, and different conceptual frameworks. Here, I discuss the model developed in the context of community organizing.

According to one of Saul Alinsky’s lieutenants, Ed Chambers, one of Alinsky’s many shortsighted attitudes was about the private lives of organizers. “Indeed, Chambers spoke with visible pain of Alinsky’s cavalier, dismissive attitude toward his associates’ family life and retirement and security needs.” Chambers noted that “’He called me up long distance to order me to Rochester’” to work on a famous organizing campaign (Boyte, 96).

This refusal to respect people’s personal lives created numerous problems. Not the least was the tendency to burn people out. Many organizers speak of the revolving door through which many experienced organizers and leaders fled, never to return to the field. In this way, their hard-earned skills that could have supported future efforts were lost.

Post-Alinsky, many organizing groups realized that they needed to fundamentally change the way they supported organizers. Over time, to the extent possible, major organizations like the Gamaliel and Industrial Areas Foundations have tried to make organizing more humanly “doable,” something one could continue for a long-term career. At least in these flagship organizations, pay rates have increased, retirement and other benefits are more likely to be planned for, and thinking has gone into making jobs more family friendly.

One of the approaches developed in the wake of these issues was a new way of framing a distinction between “public” and “private” relationships. These new distinctions were designed to help them and the leaders they work with navigate the enormous emotional and time challenges inherent in any organizing effort. Like all concepts in organizing, these distinctions are meant as flexible guidelines. They are pragmatic tools for helping organizers and leaders make ethical and practical choices in a world that is always too complex to be captured by such binary frameworks. And it’s important to understand that these principles were actively constructed. They were not simply found lying around, but were developed and are still in the process of being developed in response to ongoing experience.

In trainings, organizers started by distinguishing between two columns of different kinds of relationships. On the private side they listed the more intimate relationships one has with one’s family and friends. On the public side they listed the more instrumental relationships one generally has with organizational colleagues, politicians, strangers, and others outside of one’s relatively narrow circle of intimacy. This is all summarized in the following table:

Roles Played in Private vs. Public Relationships

PRIVATE Relationships

PUBLIC Relationships

Family

Church Members

Friends

Students at School

Oneself

Political Actors


Co-Workers


People on the street

They also distinguished between what had emerged for them through their organizing experience as the key differences in the characteristics of relationships in these arenas.

In the private, people tend to encounter people who are mostly like themselves in the characteristics that are important to them. Private relationships are often given or inherited—few people, for example, can choose their families. They are relatively permanent. One might want to disown a sibling or a parent, for example, but we rarely do. Similarly, once we decide people are our “friends,” we become much more likely to tolerate their imperfections (and to expect imperfections to be tolerated in ourselves). In private, we have the right to expect to be relatively safe in a range of different ways; we can be honest about our feelings and fears and needs.

In the public, we encounter people that are often very different from us. If we conflict with them, we are much more likely to vote with our feet rather than try to work things out. If we are “stuck” with them (on the job or in politics, for example) our engagements with they are likely to be guarded, since public relationships are inherently less safe than private ones. Part of the reason for this lack of safety is that public relationships are much more likely to be instrumental. We engage with other people in public because we have something we need to accomplish or deal with. Partly as a result, these relationships are often quite fluid, with old acquaintances fading away while new ones emerge, often as a result of changes in our institutional or geographical location and not because we have necessarily chosen new people to engage with.

The table below summarizes these key characteristics of public and private relationships:

Characteristics of Private and Public Relationships

PRIVATE

PUBLIC

Sameness

Diversity

Commonality

Difference

Given/Permanent

Fluid/Temporary

Intimate

Guarded

Safe

Unsafe

Restricted to small number of intimates

Open to a large number of acquaintances

Finally, our expectations of what we can get out of public vs. private relationships are quite different. In the private, we expect to be accepted. We expect some level of loyalty, regardless of how problematic we may be at any moment and we often have a need to be liked or loved by our family and friends. Furthermore, in private we give without much expectation of getting anything in return.

In the public, as I have already noted, our relationships are much more pragmatic. We have relationships because there is some instrumental reason why we need them. Instead of wanting to be liked, in public, we expect respect (regardless of whether others like us or not). Instead of letting it “all hang out,” we must be much more guarded about what we say. In fact, in public, we generally take on a particular kind of dramatic “role.” This is common to teachers and politicians and bosses and workers. In these contexts, to one extent or another, all of us present a particular kind of “face” to the world. The point is not that one must necessarily be dishonest in public—in fact, persistent dishonesty can destroy public relationships even quicker than private ones. Instead we must be careful about how we frame what we think, what we reveal about ourselves, and the topics we discuss. While we can expect un-judgmental loyalty in private, in public we expect to be held accountable for what we say or do, and to hold others accountable in the same way. In general, then, what is most important to understand in public relationships are the self-interests of the different people involved. What motivates us and others to act? {In a future post, I’ll talk more about the broad way organizers frame self-interest.)

The table below summarizes the benefits and aims of public and private relationships:

Benefits and Aims of Private vs. Public Relationships

PRIVATE

PUBLIC

The need to be liked

The need to be respected

Expectation of loyalty

Expectation of accountability

Altruistic/self-giving

Quid pro quo/self-interest

Again, I want to emphasize that these distinctions are not definitions that can be followed strictly and unproblematically. Instead, they are flexible guidelines for “’appropriate behavior’ in [these] different realms” (Boyte, 96). Organizers, perhaps better than most people, understand that “’universals,’ principles that seem to apply across widely varying cultural and communal contexts, need always to be contextualized to have any real meaning. Thus, IAF teachers argue that nothing is ever completely ‘either-or.’” One organizer pointed out, for example, that “’public’ would have a qualitatively different meaning in most African societies . . . . And different settings partake of different ‘public’ and ‘personal’ or private qualities—a church . . . is far more personal than a convention or a political rally” (Boyte, 97).

I often use the example of my own “public” role as a teacher in my community organizing course. But at the same time as we talk about how I need to be held accountable and to hold my students accountable, we also talk about how there are private aspects of the teacher-student relationship as well. To some extent, it is important for me to be loyal to my students, and to balance accountability with a more personal kind of caring. No role is ever completely public or private (although teacher-student roles may be especially fraught with these kinds of tensions).

One way these conceptions of “private” and “public” are useful to organizers are in helping them distinguish between ways of treating people who are intimate relations and those who are public acquaintances. They allow one to draw relatively clear boundaries between people one should expect to be liked by and those from who one demands respect. They help limit one’s responsibilities to those who fall outside of one’s private arena and clarify the responsibilities, benefits, and burdens involved in admitting new people into one’s private circle. One organizer noted, for example, that he used to try to treat everyone like they were friends. He just ended up totally exhausting himself and actually damaging his relationships with people who really were his intimates—like his family. Learning to distinguish between “private” and “public” relationships helped him let go of relationships with people in his organization who weren’t living up to their responsibilities and concentrate on people who he could depend upon.

Despite limitations, it is in the realm of power, politics, inequality, and oppression that these distinctions between “private” and “public” come into their real power. In general, organizers argue that powerful people often try to control those who are less powerful by intentionally confusing private and public relationships.

A few examples:

On the east-west highway in my city right now there is a large billboard advertising a bank that says “it’s not business, it’s personal!” This is a perfect example of an effort to make people feel like a public relationship is really intimate. The fact is that the bank doesn’t care about individual clients. It understands quite clearly that its relationship with those it serves is not private but public. And if you don’t live up to your responsibilities to a bank you will find this out quite quickly, regardless of how nice the tellers and mortgage brokers may be.

Recently my wife and I went to buy a car. We had decided not to purchase a particular vehicle from a salesperson, and he started in on a passionate appeal to us, telling us that he needed another sale to get his bonus for the month. In other words, he was asking us to be loyal and altruistic towards him, even though he knew quite well that his relationship with us was entirely temporary and that any intimacy on his part was really an act that he performed with every customer who came onto his lot. Needless to say, we walked away from that deal.

Waitresses know quite well the power of fake private relationships. There is clear evidence that patrons who are touched lightly during a meal will give a larger tip than those who are not. Of course, in a sense at a restaurant one is paying for a kind of manufactured intimacy. But much of the impact of the strategies used by people like waitresses is quite invisible to patrons. They “feel” more personally connected, and this activates their “private” tendencies.

An organizer I know spoke of a campaign in which his organization was in conflict with a major bank in our city. The bank director used to call him up and the first thing the director would do was ask about the organizer’s family, his children, etc. The organizer said he would patiently wait out this “private” discussion, and then move directly to the “public” part of their discussion.

Frequently, politicians and others in power positions will say something like “I’m a nice person. Why are you doing this to me?” They’ll ask leaders and organizers to lunch or dinner in relatively intimate settings and try to create a personal relationship. But these relationships are not personal, they are public. They involve citizens putting on public faces and engaging with the powerful in their public role. And when social activists don’t understand this, they are open to being used.

One classic way to fight against absentee landlords in the central city who are letting their properties become blighted is to force what they want to be private into the public. A couple of years ago, the organization I work with went to the neighborhood in the suburbs where a notorious landlord lived. Leaders left leaflets with her suburban neighbors with pictures of her properties and a description of how her lack of upkeep was affecting her residents and their neighborhoods. This forced the landlord into a public relationship with her neighbors. This act essentially argued that people who do harm like this should not be able to hide in the private realm. Not surprisingly, if I remember correctly, this landlord very quickly made a deal with my organization.

These distinctions between “private” and “public” help social action organizations decide what kinds of actions are and are not ethical. An ethical action, these distinctions imply, will be one oriented towards the public roles played by an individual or an institution. It’s not legitimate, for example, to bring someone else’s family into the fight unless there is some specific reason why this has become fair game.

During a fight with the school board a couple of years ago, the board president, who was opposing us, declared that at a public meeting that anyone could come to his house any time they wanted. His door was always open for discussion. I thought that this opened him up to a very effective action where our organization might come in force to his house and present him with demands collectively. From my perspective, he had tried to use this as an example of how he was really a “personable” kind of guy as an effort to resist our efforts. This action never happened, however. He had younger kids and there was legitimate disagreement about whether this would overstep ethical bounds and exactly how to do something like this in an ethical way. I’m still not sure, myself, about this strategy.

Whether a relationship is public or private is a result of the role a person is playing at any particular time. For example, two US senators might be married. At home, they would have a “private” relationship under this rubric, but on the Senate floor, their relationship would be “public.” This is something that politicians and powerful people generally understand quite well. It’s why very conservative and very liberal Senators can say terrible things about each other’s views on the airwaves and then go play an amiable game of golf. And the fact is that a personal relationship with and between the powerful can be useful tools in a range of ways as long as the individuals engaged understand when they are playing different roles.

As Boyte notes, the distinction between public and private has

proved significant in teaching leaders the dynamics of effective political action, from the parish level to the life of communities. “We would never have been able to challenge the priest to stop acting like our ‘father’ without this sort of training [about public and private’ said Beatrice Cortez, a president of San Antonio COPS [a congregational organizing group] . . . . ‘You learn what is appropriate and inappropriate for politicians. They shouldn’t try to get us to love them, for instance.’

Cortez frequently tells a story about her daughter to illustrate how children can quickly pick up the point. During her tenure as president of the organization, Cortez had a COPS phone in her house. One day the mayor, Henry Cisneros—whom she had known for years—called up on the line. ‘My daughter answered and at first didn’t know who it was. ‘Who should I say is calling?’ she asked. Cisneros said, “Tell her it’s a special friend.’ ‘Then she recognized his voice,” Cortez said. “She said, ‘On this line, you’re not a friend, I know who you are. You’re the mayor!’ I told her, ‘You’ve got that right, honey!’ (Boyte, p. 98)

In general, Boyte argues that

The self-conscious recognition of the public realm in which IAF [and other community organizing] organizations functioned as significant actors thus began to make explicit and clear what had often been known intuitively but never quite identified: public life had its own distinctive dynamics, its own principles. . . .

But public life . . . also stands in a different relationship to private life than has been classically conceived. Indeed, the groups partially reverse the traditional attributes of public and private . . . The private . . . is the more self-sacrificial and idealistic realm, while the public is the world view of quid pro quo and self-interest. (Boyte, p. 98)

In a future discussion of the practice of “one-on-one” interviews developed by community organizers, I will discuss a range of other issues related to the rich conceptions of public and private that inform much contemporary organizing work.

[For discussions of “public” and “private” that influenced the development of the specifics of this distinction in community organizing, see Hannah Arendt’s The Human Condition, and Richard Sennett’s The Fall of Public Man.]

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