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Protestors Demonstrate at Mission Police Station in San Francisco, California on June 3, 2020, after the death of George Floyd. Protesters demands for an end to systemic racism must include demands for an end to state support of private schools that, by gobbling up scarce financial resources, deprive Black and Brown children of a quality public education and deprive all children the benefits of diversity and inclusion. Credit: Chris Tuite/ImageSPACE/MediaPunch/IPX

A national uprising for racial justice and a pandemic killing disproportionately more Black people have made the call to action clear: We must dismantle the structures that generate racial disparities. Education activists have joined that call by demanding that districts defund police in schools. School boards are listening. The Los Angeles Board of Education last week voted to cut funding to its school police force by 35 percent, amounting to a $25 million reduction.

Calls to defund the police, whether in schools or in our cities, are just one part of what must become a larger movement to end taxpayer funding for institutions that are anti-Black at their core. But as millions of protestors across the country call for monies to be redirected from police to institutions that propel economic and social growth, democracy and unity, school choice advocates are holding fast to their sordid legacy of defunding already under-resourced traditional public schools that serve Black children.

Last week choice advocates won a legal battle that is out of step with the current march toward racial justice and democracy.  

On June 30, the U.S. Supreme Court ruled in Espinoza v. Montana Department of Revenue that a program that grants tax credits to “those who donate to organizations that award scholarships for private school tuition” cannot prohibit families from using such scholarships for tuition at private religious schools. The scholarship tax credits were passed by the Montana legislature in 2015, but the program was effectively modified a year later when Montana’s Department of Revenue barred the scholarships from being used at religiously affiliated institutions. In support of its decision, the department cited the Montana Constitution’s Blaine Amendment, which prohibits the state from allocating public dollars to any school “controlled in whole or in part by any church, sect, or denomination.” Kendra Espinoza and two other parents took the state to court; the case eventually reached the Supreme Court.

In a 5-4 decision, the Court’s conservative majority found that barring religious organizations from a “public benefit” was unconstitutional. “A state need not subsidize private education,” Chief Justice John Roberts wrote for the majority. “But once a state decides to do so, it cannot disqualify some private schools solely because they are religious.” 

There are several states with similar tax credit programs; this ruling could open the door to more religious schools accessing state dollars from voucher-like programs

The Black Lives Matter uprising should turn its sights to these states.

Voucher advocates use the words “choice,” “freedom” and “liberty” to promote their programs, but their use of these words is as fraudulent as that of the slave owners who signed the U.S. Constitution.

Voucher programs have largely failed at delivering better educational outcomes, and they prevent us from removing the barriers that stand in the way of quality for public schools. By diverting tax revenue and students away from school districts, states remove much-needed dollars that support a vital necessity of neighborhoods and society: public schools in which people of different religions, ethnicities, sexual orientations, socioeconomic classes and genders can learn basic national principles of justice, fairness, tolerance and the common good. Vouchers support private institutions which do not reflect the diversity of our society.**

Public schools are not the problem. Racism is. Parents don’t need escape hatches; we need states to remove the structures that inhibit public school districts that serve Black and Brown children.

Voucher advocates use the words “choice,” “freedom” and “liberty” to promote their programs, but their use of these words is as fraudulent as that of the slave owners who signed the U.S. Constitution. Some earlier supporters of vouchers were unabashed in proclaiming that the sole reason they supported these grant programs was to maintain racial segregation.* After the landmark 1954 Brown v. Board of Education decision struck down “separate but equal” educational systems, various state governments used public funds to facilitate the choice of many white people to send their children to private schools.

Shortly after the Brown decision was announced, Virginia Gov. Thomas Stanley was of one of many white leaders to look for a work-around. Thomas established a 32-member Commission on Public Education to study the effects of the Supreme Court decision and make recommendations that would, in essence, nullify the Court’s ruling. The group, known as the Gray Commission after its chair, state Sen. Garland Gray, met its mandate.

The Gray Commission’s 1955 Report to the Governor argued that “compulsory integration should be resisted by all proper means in our power.” It included suggestions such as using public funds to “prevent enforced integration by providing for the payment of tuition grants for the education of those children whose parents object to their attendance at mixed schools.” Across the South, many families chose private segregation academies, many faith-based, moving resources away from local districts. Ever since, choice movements in this country have been tied and rooted to anti-Blackness.

Related: Reckoning with Mississippi’s ‘segregation academies’

Combined with racist housing policies, the concept of school choice has often been a weapon against Black people’s pursuit of quality and justice in public schooling. The collective choice of the majority of white Americans to opt out of integrated school systems, by sending their kids to private schools or by drawing district maps that continue racial and socio-economic segregation in the suburbs or exurbs, has resulted in $23 billion less funding for schools predominated by people of color than for majority white schools.

Even charter schools, many launched as a way to better serve Black children, have been used as a tool for segregation or have been strategically concentrated in Black districts to defund traditional district schools. Many charters embedded racist disciplinary practices that helped drive the school to prison pipeline.

Just last week, the nation’s largest charter chain, KIPP, jettisoned its iconic slogan, “Work hard, be nice,” which it acknowledged “diminishes the significant effort required to dismantle systemic racism, places value on being compliant and submissive, supports the illusion of meritocracy, and does not align with our vision of students being free to create the future that they want.”

Voucher advocates, on the other hand, have celebrated the Supreme Court’s decision and doubled down on rhetoric around choice that fails to recognize the need for the communal good provided by public education and that is short on any acknowledgement that the promotion of individualism has hurt public schools that Black students attend. Choice advocates will say that Black parents should have the same options as white families, but they do not concede the cost of white choices on Black schools — and democracy itself. While public systems should not eclipse individual rights or needs, institutions like public schools that benefit the common good facilitate individual growth and societal stability. Exclusion, which private schools inherently facilitate, has distorted how people view public institutions. Private doesn’t mean better — for students or society. Filtering out students isn’t a reform we should be adopting.

At the precipice of change, we have an opportunity to do more than create escape hatches. We can actually get at the sources of inequality — anti-Black policies and practices within supposedly democratic systems. We don’t know what kind of choices traditional districts serving a majority of Black students could offer, because states have underfunded them for decades. White Americans who wave the banner of choice are promoting racism and getting in the way of real educational reform. And choice is blocking equity in public schools.

*Correction: Due to an editing error, a previous version of this story incorrectly described earlier supporters of vouchers. **Clarification: This story has been updated to clarify that schools that receive vouchers cannot discriminate based on ethnicity.

This story about the school voucher program was produced by The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education. Sign up for Hechinger’s newsletter.

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Dr. Andre Perry, a contributing writer, is a David M. Rubenstein Fellow at The Brookings Institution. Perry was the founding dean of urban education at Davenport University in Grand Rapids, Mich. Previously,...

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  1. Dr. Perry posits that all private schools are by nature exclusionary and thus promote racial division and inequity. It seems that parents across the country disagree with him.
    According to the NCES /US Department of Education report, nationwide enrollment of students in charter (private / public) schools was about 6% in 2017. Of those, 26% were Black, 33% were Hispanic, and 32% were White. That seems to indicate than many Black and Hispanic parents find school choice to be beneficial to their children’s education. Since charter schools have already been around for two decades, parents surely have a solid record of achievement on which to base their decisions to opt for the charter rather than the local public school.
    Or would Dr. Perry have us believe he knows better how to advance the interests of an individual child than the child’s own parents do?

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