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PUBLIC RULES
ON PRIVATE
SCHOOLS
Measuring the Regulatory Impact of State
Statutes and School Choice Programs
breaking down
The U.S. has seen a surge in school choice
programs over the past few years.
Number of Private School Choice Programs
60
50
40
30
20
10
0
41
49
51
35
27252322
19
16141312108654
1987 20142012201020082006200420011997
@
edchoice
As that growth continues, we thought it
important to take a step back to see how
school choice programs have affected
private schools in terms of regulations.
@
edchoice
How did
we do it?
@
edchoice
DREW
CATT
our researcher
@
edchoice
examined 23 voucher, tax-credit scholarship,
and education savings account programs
from across the country.
@
edchoice
UT
AZ
LA
IA
WI
IN
GA
OH
PA
RI
FL
OK
First, he categorized private school
regulations by type.
@
edchoice
• Certification, Licensure
• Curriculum, Instruction
• Application, Eligibility (for school)
• Financial Reporting, Disclosure
• Testing, Accountability
• Paperwork, Reporting
• Student Life, Health and Safety
• Student Eligibility, Admissions, Enrollment, Tuition
• Transportation
-3
-2
-1
0
+1
+2
+3
All private schools are required or not allowed, and there is a similar level of burden across all schools
All private schools are required, and all will face some burden, but the level will vary (some schools may need to
take only a single action and some may need to take multiple actions)
All private schools are required, but some schools may never face any burden (some schools may never need
to follow regulation)
Private schools may choose or volunteer but must follow applicable requirements and/or pay applicable fees and
benefit is unclear, OR already covered by general statutes, OR contradictory statutes result in a net zero effect
Private schools may choose or volunteer but must follow applicable requirements and/or pay applicable fees
and benefit is clear
Private schools may receive parity
All private schools protected/safeguarded
Description
Impact
Scale
Value
Next, he scored each regulation* in every
category on a scale from -3 to +3
*See last slide
@
edchoice
25
20
15
10
5
0
NumberofPrivate
SchoolRequirements
Pre-Choice
Then he determined how extensive those
regulations were before a school choice
program was enacted…
@
edchoice
…and how those regulations changed after
school choice programs were enacted.
25
20
15
10
5
0
NumberofPrivate
SchoolRequirements
Program Years 2+
Program Year 1
Pre-Choice
@
edchoice
He then totaled the
scores to show 5 things:
@
edchoice
1. the impact
of a state’s
private school
regulations
before any
school choice
program
existed
@
edchoice
Certification, Licensure
Curriculum, Instruction
Application, Eligibility (for school)
Financial Reporting, Disclosure
Testing, Accountability
Paperwork, Reporting
Student Life, Health and Safety
Student Eligibility, Admissions,
Enrollment, Tuition
Transportation
TOTALS
-7
+8
-
-
+2
-6
-
+3
+8
+8
Statute Category Pre-Choice
2. the
immediate
regulatory
impact that
comes with
the creation
of initial
regulations
for a school
choice
program
@
edchoice
Certification, Licensure
Curriculum, Instruction
Application, Eligibility (for school)
Financial Reporting, Disclosure
Testing, Accountability
Paperwork, Reporting
Student Life, Health and Safety
Student Eligibility, Admissions,
Enrollment, Tuition
Transportation
TOTALS
-
-
-1
-
-3
-3
-
-3
-
-10
Statute Category
Program
Year 1
3. changes in
private school
regulations as
policymakers
revisit school
choice
programs
after their
first year of
operation
@
edchoice
Certification, Licensure
Curriculum, Instruction
Application, Eligibility (for school)
Financial Reporting, Disclosure
Testing, Accountability
Paperwork, Reporting
Student Life, Health and Safety
Student Eligibility, Admissions,
Enrollment, Tuition
Transportation
TOTALS
-
-
-
-
-
-
-
-
-
-
Statute Category
Program
Years 2+
4. the total
regulatory
impact the
school choice
program
has had
on private
schools
@
edchoice
Certification, Licensure
Curriculum, Instruction
Application, Eligibility (for school)
Financial Reporting, Disclosure
Testing, Accountability
Paperwork, Reporting
Student Life, Health and Safety
Student Eligibility, Admissions,
Enrollment, Tuition
Transportation
TOTALS
-
-
-1
-
-3
-3
-
-3
-
-10
Statute Category
Program
Score
5. and the total
regulatory
impact of all
state statutes,
before and
during school
choice
programs,
on private
schools.
@
edchoice
Certification, Licensure
Curriculum, Instruction
Application, Eligibility (for school)
Financial Reporting, Disclosure
Testing, Accountability
Paperwork, Reporting
Student Life, Health and Safety
Student Eligibility, Admissions,
Enrollment, Tuition
Transportation
TOTALS
-7
+8
-1
-
-1
-9
-
0
+8
-2
Statute Category
Pre-Choice +
Program Score
Looking at a national snapshot of school
choice program regulations overall,
@
edchoice
UT
AZ
LA
IA
WI
IN
GA
OH
PA
RI
FL
OK
one might assume the growth of regulations
burdens private schools, but…
@
edchoice
160
140
120
100
80
60
40
20
0
Certification,
Licensure
Curriculum,
Instruction
Application,
Eligibility
(for school)
Financial
Reporting,
Disclosure
Testing,
Accountability
Paperwork,
Reporting
Student Life,
Health and
Safety
Student
Eligibility,
Admissions,
Enrollment, Tuition
Transportation
NumberofPrivateSchoolRequirements
Program Years 2+
Program Year 1
Pre-Choice
32
108
24
2 6
83
33 36
31
4
8
29
4 6
27
7
44
1
14
3
10
4 4
41
3
10
1
Counts of Regulations on Private Schools by Time Period for All Programs Analyzed
that’s not necessarily
the case for all types of
school choice programs.
@
edchoice
State Program Type
Program
Score
Empowerment Scholarship Accounts
Florida Tax Credit Scholarship Program
Milwaukee Parental Choice Program
AZ
FL
WI
+3
-58
-132
Education
Savings Account
Tax-Credit
Scholarship
Voucher
The design differences between various
types of school choice programs provide
insight into how regulatory structures
placed on private schools can also vary.
For example:
@
edchoice
So what did we
learn in that respect?
@
edchoice
Voucher program scores, on average, are
more than three times as negative the scores
of tax-credit scholarship programs. Note: The
actual level of burden facing private schools
may or may not be onerous.
@
edchoice
VOUCHER
TAX-CREDIT
SCHOLARSHIP
Average
Program
Scores
Of course, a state’s “Pre-Choice” environment
may also play a role in how private school
regulations are shaped—the regulatory burden
on some tax-credit scholarship programs is
higher when taking into account “Pre-Choice”
regulations. Here’s an example from Florida:
@
edchoice
John M. McKay Scholarships
for Students with Disabilities Program*
Florida Tax Credit Scholarship Program
Program Type Pre-Choice
Pre-Choice
+ Program
Score
Program
Score
Voucher
Tax-Credit
Scholarship
-17
-14
-60
-58
-77
-72
Education savings accounts (ESAs), a new
model operating only in Arizona, are the only
type of school choice analyzed that received
a POSITIVE Program Score.
@
edchoice
Arizona
ESAs
Regulations affecting the following had the
MOST negative average impact scores:
@
edchoice
Paperwork
Reporting
Student Eligibility
Admissions
Enrollment
Tuition
8
8
8
8
8
8
What’s the takeaway?
@
edchoice
Many regulations already affect private
schools before participating in school
choice programs:
@
edchoice
62%
38%
PRE-CHOICE
REGULATIONS
PROGRAM-PROMPTED
REGULATIONS
School choice may contribute to more
regulations on private schools if they
choose to participate in programs, but
those regulations can vary in terms of
their requirements and impact.
@
edchoice
Drew makes
the following
recommendations
for policymakers:
@
edchoice
1. Avoid reinventing the wheel
(and examine existing empirical
research on private school
choice programs).
@
edchoice
2. Avoid statutory
redundancies and overlap.
@
edchoice
3. Consider the oversight roles
of accreditation agencies and
private school associations.
@
edchoice
4. Consider costs to private
schools in fiscal impact
calculations.
@
edchoice
5. Ensure all schools,
regardless of type or sector,
are reimbursed for substantial
costs associated with
regulations.
@
edchoice
To read the full report and see a
breakdown for each school choice
program analyzed, visit
edchoice.org/PublicRulesOnPrivateSchools
@
edchoice
*each individual regulation from every
program and its respective impact score
can be found in our database, available by
request (email dcatt@edchoice.org)
@
edchoice

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Breaking Down "Public Rules on Private Schools: Measuring the Regulatory Impact of State Statutes on School Choice Programs"

  • 1. PUBLIC RULES ON PRIVATE SCHOOLS Measuring the Regulatory Impact of State Statutes and School Choice Programs breaking down
  • 2. The U.S. has seen a surge in school choice programs over the past few years. Number of Private School Choice Programs 60 50 40 30 20 10 0 41 49 51 35 27252322 19 16141312108654 1987 20142012201020082006200420011997 @ edchoice
  • 3. As that growth continues, we thought it important to take a step back to see how school choice programs have affected private schools in terms of regulations. @ edchoice
  • 4. How did we do it? @ edchoice
  • 6. examined 23 voucher, tax-credit scholarship, and education savings account programs from across the country. @ edchoice UT AZ LA IA WI IN GA OH PA RI FL OK
  • 7. First, he categorized private school regulations by type. @ edchoice • Certification, Licensure • Curriculum, Instruction • Application, Eligibility (for school) • Financial Reporting, Disclosure • Testing, Accountability • Paperwork, Reporting • Student Life, Health and Safety • Student Eligibility, Admissions, Enrollment, Tuition • Transportation
  • 8. -3 -2 -1 0 +1 +2 +3 All private schools are required or not allowed, and there is a similar level of burden across all schools All private schools are required, and all will face some burden, but the level will vary (some schools may need to take only a single action and some may need to take multiple actions) All private schools are required, but some schools may never face any burden (some schools may never need to follow regulation) Private schools may choose or volunteer but must follow applicable requirements and/or pay applicable fees and benefit is unclear, OR already covered by general statutes, OR contradictory statutes result in a net zero effect Private schools may choose or volunteer but must follow applicable requirements and/or pay applicable fees and benefit is clear Private schools may receive parity All private schools protected/safeguarded Description Impact Scale Value Next, he scored each regulation* in every category on a scale from -3 to +3 *See last slide @ edchoice
  • 9. 25 20 15 10 5 0 NumberofPrivate SchoolRequirements Pre-Choice Then he determined how extensive those regulations were before a school choice program was enacted… @ edchoice
  • 10. …and how those regulations changed after school choice programs were enacted. 25 20 15 10 5 0 NumberofPrivate SchoolRequirements Program Years 2+ Program Year 1 Pre-Choice @ edchoice
  • 11. He then totaled the scores to show 5 things: @ edchoice
  • 12. 1. the impact of a state’s private school regulations before any school choice program existed @ edchoice Certification, Licensure Curriculum, Instruction Application, Eligibility (for school) Financial Reporting, Disclosure Testing, Accountability Paperwork, Reporting Student Life, Health and Safety Student Eligibility, Admissions, Enrollment, Tuition Transportation TOTALS -7 +8 - - +2 -6 - +3 +8 +8 Statute Category Pre-Choice
  • 13. 2. the immediate regulatory impact that comes with the creation of initial regulations for a school choice program @ edchoice Certification, Licensure Curriculum, Instruction Application, Eligibility (for school) Financial Reporting, Disclosure Testing, Accountability Paperwork, Reporting Student Life, Health and Safety Student Eligibility, Admissions, Enrollment, Tuition Transportation TOTALS - - -1 - -3 -3 - -3 - -10 Statute Category Program Year 1
  • 14. 3. changes in private school regulations as policymakers revisit school choice programs after their first year of operation @ edchoice Certification, Licensure Curriculum, Instruction Application, Eligibility (for school) Financial Reporting, Disclosure Testing, Accountability Paperwork, Reporting Student Life, Health and Safety Student Eligibility, Admissions, Enrollment, Tuition Transportation TOTALS - - - - - - - - - - Statute Category Program Years 2+
  • 15. 4. the total regulatory impact the school choice program has had on private schools @ edchoice Certification, Licensure Curriculum, Instruction Application, Eligibility (for school) Financial Reporting, Disclosure Testing, Accountability Paperwork, Reporting Student Life, Health and Safety Student Eligibility, Admissions, Enrollment, Tuition Transportation TOTALS - - -1 - -3 -3 - -3 - -10 Statute Category Program Score
  • 16. 5. and the total regulatory impact of all state statutes, before and during school choice programs, on private schools. @ edchoice Certification, Licensure Curriculum, Instruction Application, Eligibility (for school) Financial Reporting, Disclosure Testing, Accountability Paperwork, Reporting Student Life, Health and Safety Student Eligibility, Admissions, Enrollment, Tuition Transportation TOTALS -7 +8 -1 - -1 -9 - 0 +8 -2 Statute Category Pre-Choice + Program Score
  • 17. Looking at a national snapshot of school choice program regulations overall, @ edchoice UT AZ LA IA WI IN GA OH PA RI FL OK
  • 18. one might assume the growth of regulations burdens private schools, but… @ edchoice 160 140 120 100 80 60 40 20 0 Certification, Licensure Curriculum, Instruction Application, Eligibility (for school) Financial Reporting, Disclosure Testing, Accountability Paperwork, Reporting Student Life, Health and Safety Student Eligibility, Admissions, Enrollment, Tuition Transportation NumberofPrivateSchoolRequirements Program Years 2+ Program Year 1 Pre-Choice 32 108 24 2 6 83 33 36 31 4 8 29 4 6 27 7 44 1 14 3 10 4 4 41 3 10 1 Counts of Regulations on Private Schools by Time Period for All Programs Analyzed
  • 19. that’s not necessarily the case for all types of school choice programs. @ edchoice
  • 20. State Program Type Program Score Empowerment Scholarship Accounts Florida Tax Credit Scholarship Program Milwaukee Parental Choice Program AZ FL WI +3 -58 -132 Education Savings Account Tax-Credit Scholarship Voucher The design differences between various types of school choice programs provide insight into how regulatory structures placed on private schools can also vary. For example: @ edchoice
  • 21. So what did we learn in that respect? @ edchoice
  • 22. Voucher program scores, on average, are more than three times as negative the scores of tax-credit scholarship programs. Note: The actual level of burden facing private schools may or may not be onerous. @ edchoice VOUCHER TAX-CREDIT SCHOLARSHIP Average Program Scores
  • 23. Of course, a state’s “Pre-Choice” environment may also play a role in how private school regulations are shaped—the regulatory burden on some tax-credit scholarship programs is higher when taking into account “Pre-Choice” regulations. Here’s an example from Florida: @ edchoice John M. McKay Scholarships for Students with Disabilities Program* Florida Tax Credit Scholarship Program Program Type Pre-Choice Pre-Choice + Program Score Program Score Voucher Tax-Credit Scholarship -17 -14 -60 -58 -77 -72
  • 24. Education savings accounts (ESAs), a new model operating only in Arizona, are the only type of school choice analyzed that received a POSITIVE Program Score. @ edchoice Arizona ESAs
  • 25. Regulations affecting the following had the MOST negative average impact scores: @ edchoice Paperwork Reporting Student Eligibility Admissions Enrollment Tuition 8 8 8 8 8 8
  • 27. Many regulations already affect private schools before participating in school choice programs: @ edchoice 62% 38% PRE-CHOICE REGULATIONS PROGRAM-PROMPTED REGULATIONS
  • 28. School choice may contribute to more regulations on private schools if they choose to participate in programs, but those regulations can vary in terms of their requirements and impact. @ edchoice
  • 30. 1. Avoid reinventing the wheel (and examine existing empirical research on private school choice programs). @ edchoice
  • 31. 2. Avoid statutory redundancies and overlap. @ edchoice
  • 32. 3. Consider the oversight roles of accreditation agencies and private school associations. @ edchoice
  • 33. 4. Consider costs to private schools in fiscal impact calculations. @ edchoice
  • 34. 5. Ensure all schools, regardless of type or sector, are reimbursed for substantial costs associated with regulations. @ edchoice
  • 35. To read the full report and see a breakdown for each school choice program analyzed, visit edchoice.org/PublicRulesOnPrivateSchools @ edchoice
  • 36. *each individual regulation from every program and its respective impact score can be found in our database, available by request (email dcatt@edchoice.org) @ edchoice