As Gov. Josh Shapiro and state lawmakers push to expand taxpayer-funded voucher programs in Pennsylvania, an education advocacy group is calling for safeguards to protect students from discriminatory private school admissions policies.
Pennsylvania’s Educational Investment Tax Credit (EITC) and Opportunity Scholarship Tax Credit (OSTC) programs provide more than $400 million that students from low-income school districts can utilize to pay for tuition at private and religious schools.
The program was designed to provide alternatives for families who feel that the public education system does not provide adequate care for their children.
But since the EITC was introduced in 2001 and the OSTC was later added, schools that have been approved to accept vouchers have used the money to discriminate against students on multiple fronts, said Susan Spicka, executive director of Education Voters of Pennsylvania.
“Vouchers create the illusion of school choice,” Spicka said. “Private and religious schools that use vouchers can discriminate and deny admission to students even if their family qualifies for a voucher.”
Pennsylvania voters unveiled a novel law Tuesday survey results of 159 schools on the Pennsylvania Department of Education’s list of schools that are approved to accept OSTC vouchers. The organization found that every school in the study has policies that could be used to discriminate against students.
These include requirements to sign statements of one’s religious faith, provide a letter of reference from a pastor and regularly attend a “Bible-believing” church to qualify for admission.
These same religious statements contain explicit anti-LGBTQ+ language that could result in the expulsion of students who are LGBTQ+ or have family members who are LGBTQ+.
Some religious schools consider becoming pregnant or having an abortion to be grounds for expulsion or require students who become pregnant to undergo Christian pregnancy counseling.
Many private schools state that they do not accept students with intellectual or physical disabilities and set academic standards that require students to submit test scores, grade point averages and other evidence of achievement to be admitted, according to findings by Education Voters of Pennsylvania.
Some schools also require families to submit information about whether a student has received special education services or been expelled from school in the past. Such policies don’t necessarily result in discriminatory practices, Education Voters of Pennsylvania argues, but they do allow school officials to choose who to admit based on whether the school is “suitable.”
While private and religious schools can impose such restrictions on students they admit, Spicka said using taxpayer money to pay tuition at schools that accept some students but not others does not facilitate Pennsylvania fulfill its constitutional obligation to provide a thorough and effective education for all.
“Schools choose their students, and these vouchers fund discriminatory schools that can pick and choose which students they want to enroll,” Spicka said.
Shapiro said he supports expanding voucher programs, touting Lifeline scholarships during the campaign last year. During budget negotiations this spring, Shapiro struck a deal with Republicans who control the state Senate to include $100 million for a program renamed the Pennsylvania Achievement Student Scholarship.
He later used budget line veto eliminate funding when he signed the budget after Democrats who controlled the state House of Representatives killed the legislation to authorize the program.
A spokesperson for Shapiro said in a statement Wednesday that Shapiro believes every child deserves a unthreatening and nurturing place where they can learn and grow.
“He supports ensuring parents have the ability to put their children in the best position to succeed. He also knows that Pennsylvania taxpayers demand accountability from their government, especially when it comes to education spending,” said spokesman Manuel Bonder.
The Pennsylvania Department of Education and the Department of Community and Economic Development, which administers the tax credits, said in a joint statement that public and private schools can participate in the OSTC program if they meet state requirements for mandatory participation; comply with the requirements of the Civil Rights Act prohibiting discrimination on the basis of race, color or national origin; and annually notify the Department of Education of their intent to participate.
The Department of Education’s role in the program is to identify low-performing schools and provide a list of schools that accept students participating in the program, the statement said.
Supporters of education vouchers argue that they open doors that would otherwise be closed to many students.
“The EITC program has provided a transformative experience for thousands of students who otherwise would not have had the opportunity to attend a high-quality school, ensuring in many cases that historically disadvantaged students can pursue and continue their college education,” said Gary Niels, executive director of the Pennsylvania Association of Independent Schools.
Niels said the organization’s accreditation standards intentionally promote standards of equity, inclusiveness and belonging for all students. “Schools that do not meet these standards will not be accredited by PAIS,” Niels said in an email.
Spicka said Education Voters of Pennsylvania is making recommendations to state policymakers to ensure that education voucher programs provide opportunities for all students and do not distract from customary public schools.
In February, Commonwealth Chief Justice Renee Cohn Jubelirer ordered Shapiro and the state legislature to reform how public education is funded in Pennsylvania. The order was issued the culmination of a long-standing legal battle between parents, teachers and GOP legislators, leading Cohn Jubelirer to conclude that the current system puts students from less affluent communities at a disadvantage.
Testimony in the trial and a subsequent report found that Pennsylvania needs to spend an additional $6.2 billion on public education to comply with the Constitution. Shapiro and lawmakers must ensure the system is fully funded before increasing voucher funding.
Spicka said lawmakers also need to enact explicit anti-discrimination protections in the EITC and OSTC voucher laws, as well as in all state laws regulating private schools that choose to accept state vouchers.
Referring to 2022 Report of the Independent Tax Office Spicka said little is known about students who have used vouchers or their academic outcomes. Lawmakers and Shapiro need to pass legislation that mandates data collection to allow for a thorough examination of existing voucher programs in Pennsylvania.
“It is simply unacceptable that Pennsylvania spent over $2 billion in taxpayer dollars on these education vouchers without any idea who benefited or what impact this spending had on student outcomes,” Spicka said.
