The full text of HR 610 may be found here.

H.R.610 – To distribute Federal funds for elementary and secondary education in the form of vouchers for eligible students and to repeal a certain rule relating to nutrition standards in schools.

HR 610 is a seemingly dry and dusty bill currently with the House Committee on Education and the Workforce; but HR 610 has the potential to fundamentally re-shape publicly funded education in the US. Previously I covered the “nutrition standards” aka school lunch part of this bill. Now let’s dive in to the delicious libertarian puzzle that is the voucher part of HR 610.

Section 102 repeals the The Elementary and Secondary Education Act of 1965, which was part of President Lyndon Johnson’s War on Poverty. The 1965 act in it’s much-amended form tips the federal education dollars scales towards poor students by net funding poor students at a higher rate than non-poor, which creates perverse incentives failing students.

Repeal of the 1965 act is coupled in Sec 102 (b) with a limitation on the authority of the US Secretary of Education:

The authority of the Secretary under this title is limited to evaluating State applications under section 104 and making payments to States under section 103. The Secretary shall not impose any further requirements on States with respect to elementary and secondary education beyond the requirements of this title.

So, still federal funding of local schools but no more micromanagement. We may fully expect the delicious irony of critics of this carping about the lack of accountability when the consistent position of those critics has been more money, always more money, while the schools continue to fail. Presumably there is some large number of net jobs in in public education whose only function is to collect the figures for the US DoEd so as to keep those block grants coming. Those jobs would suddenly become superfluous, as would the jobs at DoEd to check those figures and approve the block grants.

Section 103 is the real meat of the bill. Currently block grants to schools are awarded according to multiple criteria. At the most basic level is per-child funding to Local Education Agencies (school boards), then the extra poor-kid funding as outlined above, and various other shenanigans. The new legislation would entirely flatten the federal block grant program to proportional per-child funding. True equality.

Section 104 states that to be eligible for block grants that various states must make it lawful for parents of an eligible child to elect to enroll their child in any public or private elementary or secondary school in the State; or to home-school their child. So, a soft mandate on the states, but a mandate the states may avoid by foregoing federal block grants.

Section 105 contains a mandate that states who wish to receive federal block grants must establish a voucher program:

(5) DISTRIBUTION TO PARENTS.—

 

(A) IN GENERAL.—From the amounts allocated under paragraph (3), each local educational agency that receives funds under such paragraph shall distribute a portion of such funds, in an amount equal to the amount described in paragraph (2), to the parents of each eligible child within the local educational agency’s geographical area who elect to send their child to a private school or to home-school their child (as the case may be) and whose child is included in the count of such eligible children under paragraph (1)(A), which amount shall be distributed in a manner so as to ensure that such payments will be used for appropriate educational expenses.

 

(B) RESERVATION.—A local educational agency described in this paragraph may reserve not more than 1 percent of the funds available for distribution under subparagraph (A) to pay administrative costs associated with carrying out the activities described in such subparagraph.

 

There you have it. Federal tax dollars going to icky religious schools, objectively evil for-profit schools and slack-jawed fundamentalist home-schoolers. And the act doesn’t say anything about whether those schools must be accredited by anyone. Someone bring the fainting couch.

Treating everyone the same? Sounds suspiciously like A-N-A-R-C-H-Y. Also, triple word score.

There is a one percent rakeoff for local education agencies for administrative purposes which is not unreasonable. The voucher payments are not to be considered as income to the child or his parents. The act also contains the interesting definition: The term “eligible child” means a child aged 5 to 17, inclusive. So, no federally funded Pre-K, and no federal funding for kids who were “held back” for a year or two. Everyone gets thirteen years of federal education block grant money.

But now let’s look at what the act doesn’t do. It doesn’t require the states to setup a voucher program using state funds. Some states may become so cross at Congress that they forego federal grant money altogether rather than pass any money through to competitors or home-schoolers. And the act does not address funding; congress will still budget a line item for those block grants, but hopefully will reduce that amount as states drop off.

The House Committee on Education and the Workforce, where HR 610 currently resides, has twenty two Republican members including Chairwoman Virginia Foxx (NC), Vice Chairman Joe Wilson (SC) and Tea Party star Dave Brat (Virginia).  The committee also includes seventeen Democrats. It will be interesting to see if the Republican members really do have the stomach to upset the apple cart. But they have cover for HR 610 which is far less extreme than HR 899 (Massie, KY) which outright eliminates the DoEd.