What Happened in 2002

During 2002, many powerful and influential voices within and outside the Administration showed their support for choice.

On June 27, the Supreme Court ruled in Zelman v. Simmons-Harris that the Cleveland voucher program is constitutional. Because the program provides multiple choices, including public, private, secular, and religious school options, the court found the program neutral with regard to religion. The decision opened the door for other states to enact parental choice programs.

The next month, the President's Commission on Excellence in Special Education recommended giving children with disabilities, and their families, greater choice. The report makes clear that "Parents should be provided with meaningful information about their children's progress, based on objective assessment results, and with educational options."

The President included a choice demonstration program and an education tax credit in his fiscal year 2003 budget. Finally, several Members of Congress introduced voucher and tax credit/deduction legislation.

It was a good year for research supporting school choice as well. Researchers from such diverse organizations as Harvard University, the U.S. General Accounting Office, the National Bureau of Economic Research, and others published findings on the positive benefits of choice. Among the benefits, some found enhanced parental satisfaction and others higher student achievement. Meanwhile, polling companies discovered increasing public support for choice, particularly after the Supreme Court decision.

What to Do in 2003

In 2003, Congress will consider the reauthorization of several key federal education programs, including the Individuals with Disabilities Education Act (IDEA), the Carl D. Perkins Vocational and Technical Education Act, and the Higher Education Act. Each of these bills offers Congress an excellent opportunity to expand school choice, especially for children who need it most.

• Expand choice in special education. The Administration should insist that Congress follow the recommendations of the bipartisan Commission on Excellence in Special Education and give choices to parents of children with special education needs. Though many parents are satisfied with the services their children receive, those who are frustrated with the quality of service or their children's academic progress should be able to access alternative services, including private schools. All parents, not merely those who have the personal resources to procure private placement through the Individualized Education Plan (IEP) process, should have access to private providers. Florida's McKay Scholarship Program, which provides vouchers to special education students to attend private or public schools, offers a model.
• Expand choice in vocational education, higher education, and D.C. schools. Legislative vehicles for expanding choice in these areas include the Perkins Act, the Higher Education Act, and appropriations bills. Congress could make Perkins funds portable and enable students to take vocational-technical classes at other schools, including universities, community colleges, other high schools, or private companies such as Microsoft. Under the Higher Education Act, Pell grants could be used by high school students to do college-level work at other K-12 schools (AP programs) or colleges. The District of Columbia appropriations bill could include a choice demonstration program for students who now attend failing or unsafe schools. District students could receive a voucher that applies toward their educational expenses, including tuition at a private or religious school.
• Promote oversight hearings on choice. Congress should hold hearings on how well states and districts are implementing the choice and supplemental services provisions under the No Child Left Behind Act. If it becomes clear that there is insufficient will or capacity to give students meaningful public school choices, the Administration should insist that Congress pass legislation to enable students to receive Title I vouchers under the Elementary and Secondary Education Act to use for tuition at a private school of choice.

Krista Kafer is Senior Policy Analyst for Education at The Heritage Foundation.

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