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

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EdChoice
EdChoice

Is regulatory creep a fate that awaits all school choice programs? With the number of those programs doubling over the past five years, the need for context and understanding is critical. This report provides a framework for understanding the impacts of state government statutes regulating private schools, regulations distinct to a given school choice program, and any regulatory growth over a program’s lifespan.

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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