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PARENT POWER!

  • National Overview
  • Select Your State
  • About The Index
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  • National Overview
  • Select Your State
  • About The Index

PARENT POWER!

  • National Overview
  • Select Your State
  • About The Index
Menu
  • National Overview
  • Select Your State
  • About The Index

PARENT POWER!

  • National Overview
  • Select Your State
  • About The Index
Menu
  • National Overview
  • Select Your State
  • About The Index

Virginia

U.S.
Rank

#45
Overall PPI Score:
59.1%
PPI Grade Key:
← Back to Virginia state overview
A
B
C
D
F
  • Opportunity
  • Innovation
  • Policy Environment

Charter Schools

Score:

55%

Grade:

F

Rank:

#44

The third weakest law in the nation is really a law in name only. Relying only on school districts to determine when and how charters are opened makes them dependent not only on the very systems from which charter organizers seek independence but on political whims, precisely what our kids don’t need more of!

Fast Facts:

Law passed: 1998

Most recently amended: 2017

Number of charter schools: 7

Number of charter students: 1,251

Cap on the number of schools allowed:? No

Virtual charters allowed? No

Charter Law Analysis:

AUTHORIZERS: Districts are the only authorizers but applications must be submitted to the state board of education for review prior to authorization by the local district.

There is no appeals process. Applicants may resubmit a revised application or reapply later to the local board only.

GROWTH: Though there is no cap on the number of schools, the few charter schools are entirely dependent on districts for expansion, which rarely happens. 

OPERATIONS: Charter schools here have no operational autonomy. Districts create them more as programs than full fledged independent public schools. Each must negotiate waivers from their districts.  

EQUITY: Districts determine funding for charters, and thus there is no financial independence.  

Learn More:

Virginia Charter School Law

Choice Programs (Scholarships, Vouchers, Tax Credits, etc.)

Score:

60%

Grade:

D

Rank:

#36

Offers a very small program which enables just a few thousand students some support to attend the private school of their choice. 

Fast Facts:

Law enacted: 2012

Number of programs: 1

Statewide Participation: 4,710

Types of programs: Tax Credit Scholarship

Choice Laws & Analysis:

Tax-Credit Scholarship
Education Improvement Scholarships Tax Credits Program
Launched in 2013 provides, the state’s scholarship program enables 4,710 students to attend the school of their choice. It gives a 65% tax credit to individuals and corporations that contribute to Scholarship Foundations. To be eligible, family income must be less than 300% federal poverty line, and students must be entering kindergarten, already a public school student in Virginia, a previous scholarship recipient, or a new resident in Virginia. This program has no enrollment cap, and the budget is $25 million.

Learn More:

EdChoice Analysis on Virginia

Federation for Children Choice Program Information

2019 ALEC Report Card on American Education

Teacher Quality

Score:

75%

Grade:

C

Rank:

#18

Teacher preparation programs are strong and require candidates to pass content knowledge subject tests in elementary and middle school; state “requires student academic progress to be a “significant” component in its teacher evaluation system”

TRAINING AND RECRUITMENT: 81%
General Teacher Preparation 85%
Elementary Teacher Preparation 96%
Secondary Teacher Preparation 85%
Special Education Teacher Preparation 72%
Alternate Routes 65%  

STAFFING AND SUPPORT: 70%
Hiring 65%
Retaining Effective Teachers 75%

TEACHER EVALUATION: 79%

TEACHER COMPENSATION: 78%

Learn More:

National Council for Teacher Quality State Teacher Policy Database

Charter Schools

Score:

55%

Grade:

F

Rank:

#44

The third weakest law in the nation is really a law in name only. Relying only on school districts to determine when and how charters are opened makes them dependent not only on the very systems from which charter organizers seek independence but on political whims, precisely what our kids don’t need more of!

Fast Facts:

Law passed: 1998

Most recently amended: 2017

Number of charter schools: 7

Number of charter students: 1,251

Cap on the number of schools allowed:? No

Virtual charters allowed? No

Charter Law Analysis:

AUTHORIZERS: Districts are the only authorizers but applications must be submitted to the state board of education for review prior to authorization by the local district.

There is no appeals process. Applicants may resubmit a revised application or reapply later to the local board only.

GROWTH: Though there is no cap on the number of schools, the few charter schools are entirely dependent on districts for expansion, which rarely happens. 

OPERATIONS: Charter schools here have no operational autonomy. Districts create them more as programs than full fledged independent public schools. Each must negotiate waivers from their districts.  

EQUITY: Districts determine funding for charters, and thus there is no financial independence.  

Learn More:

Virginia Charter School Law

Choice Programs (Scholarships, Vouchers, Tax Credits, etc.)

Score:

60%

Grade:

D

Rank:

#36

Offers a very small program which enables just a few thousand students some support to attend the private school of their choice. 

Fast Facts:

Law enacted: 2012

Number of programs: 1

Statewide Participation: 4,710

Types of programs: Tax Credit Scholarship

Choice Laws & Analysis:

Tax-Credit Scholarship
Education Improvement Scholarships Tax Credits Program
Launched in 2013 provides, the state’s scholarship program enables 4,710 students to attend the school of their choice. It gives a 65% tax credit to individuals and corporations that contribute to Scholarship Foundations. To be eligible, family income must be less than 300% federal poverty line, and students must be entering kindergarten, already a public school student in Virginia, a previous scholarship recipient, or a new resident in Virginia. This program has no enrollment cap, and the budget is $25 million.

Learn More:

EdChoice Analysis on Virginia

Federation for Children Choice Program Information

2019 ALEC Report Card on American Education

Teacher Quality

Score:

75%

Grade:

C

Rank:

#18

Teacher preparation programs are strong and require candidates to pass content knowledge subject tests in elementary and middle school; state “requires student academic progress to be a “significant” component in its teacher evaluation system”

TRAINING AND RECRUITMENT: 81%
General Teacher Preparation 85%
Elementary Teacher Preparation 96%
Secondary Teacher Preparation 85%
Special Education Teacher Preparation 72%
Alternate Routes 65%  

STAFFING AND SUPPORT: 70%
Hiring 65%
Retaining Effective Teachers 75%

TEACHER EVALUATION: 79%

TEACHER COMPENSATION: 78%

Learn More:

National Council for Teacher Quality State Teacher Policy Database

Digital & Personalized Learning

Digital Learning:

Score:

68%

Grade:

D

Rank:

#43

Virginia has a lot of initiatives but it’s not clear what the pickup is by districts across the state. There is a State Educational Technology Plan 2018-2023 which provides guidance and state goals in four areas: Learning, Teaching, Leadership, and Infrastructure. Districts are required to create their own School Division Technology Plans that align with the State Educational Technology Plan. Virginia has Technology Standards for students and teachers to promote digital literacy. The Virtual Learning Advising Committee advises VDOE on “Strategic planning to expand blended and online learning opportunities in Virginia’s public schools, including cost-effective access to high-need and low-demand courses, training, content and digital resources.” 

The Virginia DOE offers “several 6-week online professional development courses that focus on integrating technology into instruction, with an eye to supporting the Profile of a Virginia Graduate and associated initiatives. These courses are offered free of charge, and upon completion teachers are awarded recertification points.

VDOE has other multiple technology initiatives including the Virginia e-Learning Backpack Initiative that provides devices to every 9th grade student that attends a public school that is not fully-accredited. Other programs include: #GoOpenVA to encourage the use of Open Educational Resources (OER), The Standards of Learning (SOL) Technology Initiative for online assessments, and Learn24VA, a digital resources repository providing students and teachers 24/7 access to high- quality digital content. 

Virtual Virginia opened in 2002 and offers both full-time and supplemental virtual learning programs to middle and high school students. Tuition and access to technology is free for public school students, however home school, private school, and out-of-state students must pay. There are approximately 200 full-time students enrolled in the school.

Virginia has four school districts that are all members of the Digital Promise League of Innovative Schools, giving over 130,000 students access to digital learning opportunities. The League of Innovative Schools is a network of school leaders in 114 districts in 34 states that aim to enhance and scale digital learning opportunities for students across the nation.

School Divisions of Innovation is an initiative managed by Virginia’s Board of Education allowing districts to experiment with new models of education, such as blended learning. Participating districts receive flexibility from certain regulations like seat time and assessment styles. 

Bandwidth: “100% of students in Virginia can access the Internet at speeds of 100 kbps per student, and many students are connected at higher speeds.”

Personalized Learning:

After legislation passed in 2016, the state was required to implement the Profile of a Virginia Graduate, which describes the skills and competencies that students should possess by the time they graduate from high school, and “Establish multiple paths toward college and career readiness for students to follow in the later years of high school, which could include opportunities for internships, externships, and credentialing.”

Learn More:

Virtual Learning Advising Committee

Virginia DOE

Virtual Virginia

League of Innovative Schools

School Divisions of Innovation

Profile of a Virginia Graduate

COVID-19 Response

Virginia’s response to the COVID-19 crisis is possibly the worst in the country. March 13, Gov. Northam closed schools and actually discouraged remote learning. Unsurprisingly, no learning at all occurred in several districts for weeks, including the wealthy district of Fairfax County. Additionally, the state did not take steps to ensure all students had devices nor did it provide teachers with resources needed to create plans. The state did eventually launch a website with information.

June 9, a phased reopening of schools was announced by the state and revised July 6 with guidelines.

Reopening guidelines include no full-time learning. Only hybrid or remote instruction is allowed, and the governor announced no in-person instruction would be permitted if COVID cases rise.

Fast Facts

4th Grade Math Proficiency:

38%

8th Grade Math Proficiency:

31%

12th Grade Math Proficiency:

24% (nat'l average)

4th Grade Reading Proficiency:

32%

8th Grade Reading Proficiency:

31%

12th Grade Reading Proficiency:

37% (nat'l average)

Graduation Rate:

00%

Average SAT Score:

1124/1600

Average ACT Score:

24.6/36

Public School Enrollment:

1,249,815

Percent Enrolled in Charter Schools:

0.1%

Average Student Funding:

$12,905.00
Digital & Personalized Learning
Digital Learning:

Score:

68%

Grade:

D

Rank:

#43

Virginia has a lot of initiatives but it’s not clear what the pickup is by districts across the state. There is a State Educational Technology Plan 2018-2023 which provides guidance and state goals in four areas: Learning, Teaching, Leadership, and Infrastructure. Districts are required to create their own School Division Technology Plans that align with the State Educational Technology Plan. Virginia has Technology Standards for students and teachers to promote digital literacy. The Virtual Learning Advising Committee advises VDOE on “Strategic planning to expand blended and online learning opportunities in Virginia’s public schools, including cost-effective access to high-need and low-demand courses, training, content and digital resources.” 

The Virginia DOE offers “several 6-week online professional development courses that focus on integrating technology into instruction, with an eye to supporting the Profile of a Virginia Graduate and associated initiatives. These courses are offered free of charge, and upon completion teachers are awarded recertification points.

VDOE has other multiple technology initiatives including the Virginia e-Learning Backpack Initiative that provides devices to every 9th grade student that attends a public school that is not fully-accredited. Other programs include: #GoOpenVA to encourage the use of Open Educational Resources (OER), The Standards of Learning (SOL) Technology Initiative for online assessments, and Learn24VA, a digital resources repository providing students and teachers 24/7 access to high- quality digital content. 

Virtual Virginia opened in 2002 and offers both full-time and supplemental virtual learning programs to middle and high school students. Tuition and access to technology is free for public school students, however home school, private school, and out-of-state students must pay. There are approximately 200 full-time students enrolled in the school.

Virginia has four school districts that are all members of the Digital Promise League of Innovative Schools, giving over 130,000 students access to digital learning opportunities. The League of Innovative Schools is a network of school leaders in 114 districts in 34 states that aim to enhance and scale digital learning opportunities for students across the nation.

School Divisions of Innovation is an initiative managed by Virginia’s Board of Education allowing districts to experiment with new models of education, such as blended learning. Participating districts receive flexibility from certain regulations like seat time and assessment styles. 

Bandwidth: “100% of students in Virginia can access the Internet at speeds of 100 kbps per student, and many students are connected at higher speeds.”

Personalized Learning:

After legislation passed in 2016, the state was required to implement the Profile of a Virginia Graduate, which describes the skills and competencies that students should possess by the time they graduate from high school, and “Establish multiple paths toward college and career readiness for students to follow in the later years of high school, which could include opportunities for internships, externships, and credentialing.”

Learn More:

Virtual Learning Advising Committee

Virginia DOE

Virtual Virginia

League of Innovative Schools

School Divisions of Innovation

Profile of a Virginia Graduate

COVID-19 Response

Virginia’s response to the COVID-19 crisis is possibly the worst in the country. March 13, Gov. Northam closed schools and actually discouraged remote learning. Unsurprisingly, no learning at all occurred in several districts for weeks, including the wealthy district of Fairfax County. Additionally, the state did not take steps to ensure all students had devices nor did it provide teachers with resources needed to create plans. The state did eventually launch a website with information.

June 9, a phased reopening of schools was announced by the state and revised July 6 with guidelines.

Reopening guidelines include no full-time learning. Only hybrid or remote instruction is allowed, and the governor announced no in-person instruction would be permitted if COVID cases rise.

Fast Facts

4th Grade Math Proficiency:

38%

8th Grade Math Proficiency:

31%

12th Grade Math Proficiency:

24% (nat’l average)

4th Grade Reading Proficiency:

32%

8th Grade Reading Proficiency:

31%

12th Grade Reading Proficiency:

37% (nat’l average)

Graduation Rate:

00%

Average SAT Score:

1124/1600

Average ACT Score:

24.6/36

Public School Enrollment:

1,249,815

Percent Enrolled in Charter Schools:

0.1%

Average Student Funding:

$12,905.00

Leadership

Your governor:

Glenn Youngkin (R))

First term began in 2022

Governor Glenn Youngkin, whose campaign was powered by support of parent power and whose margin of victory was supplied largely by a bi-partisan coalition of parents fed up with being ignored by the education establishment.  His coat tails also carried pro-education choice candidates to victory for Lieutenant Governor and Attorney General.  Much hope for the future here.

State Legislature:

As with the gubernatorial election, the voters made a dramatic sea-change in the complexion of the State Legislature. Republicans now hold a 4-seat majority in the State House and are within one seat of controlling the Senate.  Strong pro-reform Lieutenant Governor Winsome Sears holds a tie-breaking vote in the Senate.

Constitutional Issues

Virginia’s constitution contains a Blaine Amendment and a Compelled Support Clause. While a repeal of Blaine might pass the House there is little prospect of the Democrat majority in the Senate agreeing, so legal action will likely be needed. On the bright side, the constitution  also contains an express provision allowing publicly funded vouchers at private, non-religious schools.  (Institute for Justice)

Learn More:

Institute for Justice: Virginia School Choice and State Constitution

Transparency

Report cards are easily accessible from Virginia’s DOE website by clicking Statistics and Reports, then VA Quality Profiles. Report cards are user-friendly, and include information on assessments, enrollment, college & career readiness, learning climate, teacher quality, and more. Parents can view the “At-A-Glance” version, which is a nice feature when they want a quick overview of the school.

Unfortunately, whether and where there are educational options is not easy to find currently. This situation will hopefully change with Aimee Rogstad Guidera as Secretary of Education and choice-friendly legislation in the upcoming legislative session. 

School board elections are not held during the general election cycle, which usually means lower voter turnout.  It is vital that parents around the state maintain the focus and enthusiasm which powered our victories in November of 2021.

Leadership
Your governor:

Glenn Youngkin (R))

First term began in 2022

Governor Glenn Youngkin, whose campaign was powered by support of parent power and whose margin of victory was supplied largely by a bi-partisan coalition of parents fed up with being ignored by the education establishment.  His coat tails also carried pro-education choice candidates to victory for Lieutenant Governor and Attorney General.  Much hope for the future here.

State Legislature:

As with the gubernatorial election, the voters made a dramatic sea-change in the complexion of the State Legislature. Republicans now hold a 4-seat majority in the State House and are within one seat of controlling the Senate.  Strong pro-reform Lieutenant Governor Winsome Sears holds a tie-breaking vote in the Senate.

Constitutional Issues

Virginia’s constitution contains a Blaine Amendment and a Compelled Support Clause. While a repeal of Blaine might pass the House there is little prospect of the Democrat majority in the Senate agreeing, so legal action will likely be needed. On the bright side, the constitution  also contains an express provision allowing publicly funded vouchers at private, non-religious schools.  (Institute for Justice)

Learn More:

Institute for Justice: Virginia School Choice and State Constitution

Transparency

Report cards are easily accessible from Virginia’s DOE website by clicking Statistics and Reports, then VA Quality Profiles. Report cards are user-friendly, and include information on assessments, enrollment, college & career readiness, learning climate, teacher quality, and more. Parents can view the “At-A-Glance” version, which is a nice feature when they want a quick overview of the school.

Unfortunately, whether and where there are educational options is not easy to find currently. This situation will hopefully change with Aimee Rogstad Guidera as Secretary of Education and choice-friendly legislation in the upcoming legislative session. 

School board elections are not held during the general election cycle, which usually means lower voter turnout.  It is vital that parents around the state maintain the focus and enthusiasm which powered our victories in November of 2021.

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Charter Schools

Charter schools are public schools, open by choice, free from most rules and regulations that hamper traditional public schools and held accountable for results.

Since 1991, when charter schools were first established in Minnesota, the principle has remained the same — increased operational autonomy in exchange for increased accountability for outcomes. This freedom to innovate allows academically excellent charter schools to flourish.

As of 2020, there were more than 7,300 charter schools across the country with more than 3.3 million students, with demand higher everywhere they are located. Forty-six states, including Washington, D.C. have charter school laws. West Virginia enacted the most recent law in 2019. All charter laws are not created equal, however, and in fact, many are so flawed that they allow for only minimal opportunity for parents. PPI draws from CER’s newest Charter School Law Rankings and Scorecard, produced in the summer of 2020. For the US as a whole, the glass is more empty than full when it comes to meaningful charter choices.

Since 1996, CER has researched, analyzed, and ranked charter school laws, taking the content of each law into consideration as well as how it impacts charter schools on the ground. This Parent Power Index looks at four main areas of each state’s law:

If it allows for multiple authorizers, and if applicants have the ability to appeal a denial; whether it allows for growth, particularly with no caps on number of schools or enrollment; if schools and teachers have freedom to innovate; and if there is equitable funding of schools, including for facilities and transportation.

Charter schools are the most analyzed public school reform in decades. Since 1996, CER has studied their impact, their environment, and their practice and made recommendations for how to improve each law. The Parent Power Index charter score is based on whether the law allows for freedom and flexibility that can ensure parents, teachers and the general public are able to build vibrant, successful charter schools without undue interference from flawed state regulators, with equitable funding and parents in the driver’s seat. More about how this works can be found in CER publications, most notably Charting a New Course and The Future of School.

In addition, past rankings document how states have grown or confined charter schools and what best practices should be followed. Finally CER has provided a model charter school law for policymakers that is the standard bearer for advocates who believe that parents, not systems, should drive education.

Choice Programs

Educational choice is best defined as the availability of a multitude of public programs that provide parents with the ability to include private and religious entities – schools, tutoring, and other organizations – in their choices. Those programs are enacted at the state level, allowing in a wide variety of ways that the funds allocated for education in a state either follow the student to the institution the parent chooses or, as in the case of tax credits, public funds are redistributed to support the choices parents make, rather than automatically going to government based school districts.

These options are often referred to as scholarship programs, vouchers, tax credits, education accounts and more.

The existence of a higher degree of educational choice in a community or state, particularly for lower income students, has been found to be a significant factor in improving education and ensuring all students have access to the best school that meets their individual needs. Where once private options were only available to the more advantaged, most choice programs today ensure that those without resources have the power to shape their student’s education and invest in their future.

PPI 2020 assesses the extent to which every state gives families better and more abundant educational options through various mechanisms. Choice programs are analyzed and evaluated on their potential to reach all children across a state and for the degree to which they can actually support the full choice of parents, as opposed to only providing a modest amount of financial support. Programs where a significant population of parents can obtain scholarships or vouchers to send their children to the school of their choice score higher than those that have limitations based on geography, income, and student eligibility constraints.

To determine scores, PPI relies on well-established organizations which study, advance and support such programs. The scores were developed with this lens, and on information and ratings from EdChoice’s School Choice in America Dashboard, American Legislative Exchange Council’s Report Card on American Education: 23rd Edition, and American Federation for Children’s School Choice Interactive Map.

Teacher Quality

Teacher Quality is an equally important facet of ensuring greater educational opportunity. There is a direct correlation between quality teachers and student achievement, and teachers have the power to foster highly effective learning environments and leave a lasting impact on the future of their students. State teacher policies are critical in ensuring that students have the opportunity to receive the best education possible. Without schools full of well-prepared teachers who are held accountable either directly to the parent or to taxpayers for student achievement, opportunity can be meaningless. Most states vary widely in the criteria used to train, hire, retain, evaluate, reward and advance teachers, and local rules also influence that criteria greatly, as do teachers unions. PPI looked again to the expert analysis of the National Council of Teacher Quality, and from several aspects of their work PPI extrapolated final teacher quality scores. (NCTQ does not grade each state.)

Relying solely on the rich data collected from the National Council on Teacher Quality, states are measured by across a wide range of policy categories: Training and Recruitment, Staffing and Support, Evaluation, and Compensation. The score is by no means comprehensive about teacher quality across every community and state, but it is based on the extent to which states rigorously expect, manage and measure different aspects of teacher training, hiring, evaluation and compensation. States score higher when they have strong, data-driven, performance-based accountability systems that ensure teachers are rewarded, retained, and advanced based on their effectiveness. Likewise, states that establish rigorous teacher preparation programs and offer alternative licensing programs earn higher scores.

For more information about the Teacher Quality landscape, please see the National Council on Teacher Quality’s detailed analysis in their State Teacher Policy Database.

Innovation

States are measured on their increasing commitment to and practice of innovative approaches to education that include digital learning models and pathways, full or in part, encouraging personalized learning through focus on competency and mastery – even on a pilot level – or by allowing flexibility in schools and school districts that want to do it. Personalized learning models value mastery of material over traditional subject matter time tests, and competency over end of course grades. While these practices are best decided locally, closest to the student, states can motivate, incentivize, fund, discourage or encourage.

To determine scores, the PPI drew heavily from ExcelinEd’s 2019 State Progress Toward Next Generation Learning, Aurora Institute’s 2020 Future-Focused State Policy Actions to Transform K-12 Education, and KnowledgeWorks’ 2019 State Policy Framework for Personalized Learning.

COVID-19 Response

When COVID-19 reached our shores in early 2020, states were forced to close their schools for in-person instruction. Whether and how to continue teaching and set expectations for continued learning outside of the classroom was a big debate. Many states and schools quickly pivoted to delivering education remotely, either through technology enabled tools or with low-tech paper packets and phone calls, or a combination of both. The response from schools and school districts varied widely, with some being willing to adapt and some actually discouraging both teaching and learning. CER tracked those responses (and continues to do so, given the fluidity of the situation). States that were encouraging, set expectations, and demanded that schools figure out whatever they could to keep moving students forward, tended to have more schools and districts that responded well and worked to deliver education regardless of challenges. Many states that had digital or virtual learning programs in place were able to make a more seamless shift. Innovative leaders at local and state levels rose to the occasion. But many states and localities dragged their feet and, in some cases, outright discouraged schooling to keep going, including forbidding teachers in some areas to be required to do any face to face teaching via technology.

States were evaluated based on reviewing their official notices and declarations, and by reviewing a broad array of surveys and data many groups have been maintaining. This score also factors in states’ prior commitments to expanding broadband and internet access and how they worked to provide devices to keep students learning and engaged.

What was, and is, a challenging and unprecedented time for schools, teachers, and parents was also an opportunity to look at states’ and schools’ abilities to adapt, be flexible, and innovate.

For more on Education Innovation, check out the CER ACTION Series:

  • Virtual Events & Videos
  • Key Data
  • Resources
  • Publications

Leadership

Improving education opportunity and innovation requires leaders who boldly and courageously push forward to create or expand successful programs that allow a wide variety of educational choice and individualized programs to thrive. Governors and state legislators are the most important entities in each state to pave the way, or deter, expanded parent power. Some leaders pay lip service to issues, while others wake up with a fire in their belly to ensure that they are doing what they can every day to push through conventional wisdom and demand 21st century schooling opportunities for all students.

Whether or not your governor is the bold, fire-in-the-belly kind, or a passive applauder of others’ efforts, is evaluated to help you push or prod or applaud. PPI looks at their positions AND actions on charter schools, choice programs, innovation, and commitment to increasing educational opportunities for all students at every level and summarizes it for you here. You have the power to elect leaders who prioritize parents and students!

Constitutional Issues

The ability for states to enact educational change can be significantly limited depending on certain provisions in state constitutions.

The most common clause that limits educational opportunity in most states are “Blaine Amendments” – named after 19th century Congressman James Blaine nearly 150 years ago. Historically, these provisions in 37 state constitutions were either interpreted to restrict educational choice programs that include private schools or have been a deterrent for many programs being considered, let alone enacted.

This issue received a great deal of press leading up to and following the U.S. Supreme Court’s June 30, 2020 decision in the case of Espinoza vs Montana Department of Revenue, a case that dealt with Montana’s Blaine Amendment. That landmark decision found that the U.S. Constitution “forbids states from excluding religious schools as options for families participating in educational choice programs, including through Blaine Amendments.”

As a result, most states have a new path to enact programs that provide options for families, including religious schools. Their individual versions of Blaine Amendments can either be nullified with attorney generals’ opinions, with legislation or with both. Additional restrictions on expanded opportunity are often dedicated by what is called a Compelled Support Clause where dated constitutional language restricts public funding to government entities.

We look at each state’s particular constitutional issues, utilizing a number of sources, CER attorney analysis and the Institute for Justice’s research as our guide. Additional information about Espinoza and Blaine Amendments can be found here.

In addition, if states have other constitutional barriers to more opportunity, they are evaluated in this area.

Transparency

Transparency is a key element of providing great opportunities for students. Every parent needs and deserves full transparency of school-level data to allow them to make informed decisions and drive changes in how their students are educated. School report cards empower parents in their decision making by giving them access to meaningful and quality education data about a particular school or district. Report cards often provide information on student performance, student growth, attendance, graduation rates, demographics, teacher quality, school environment, assessments, and more. States that have greater transparency and accountability provide the public with data that is current, readily available, and easy to understand.

States are measured based on the transparency and accessibility of data for the average person looking to learn about their child’s school. States have more gas in the tank when school report cards are easily accessible from their state DOE homepage; report cards are comprehensive, user-friendly, and easy to understand; and information about educational options are readily available. Additionally, states score higher when they hold School Board Elections during the General Election cycle, as opposed to off-times of the year when turnout is low, because this tends to afford parents more power in their decision-making.