• 16 seconds ago
During Tuesday’s House Education and the Workforce Committee hearing, Rep. Kevin Kiley (R-CA) questioned experts about the opportunities school choice and private school vouchers present to low-income families.

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00:00Thank you very much. I'll now recognize myself for five minutes. So just to understand position
00:05Ms. Levin, do you think that private schools should be abolished?
00:10No I do not.
00:11Okay, because you referred to my colleague's line of questioning as an ad hominem attack,
00:14but I think that totally misses the point. You think that your parents are well within
00:17their rights to send you to a private school that costs tens of thousands of dollars in
00:22tuition.
00:23At their own expense, yes.
00:24And you support the right of Kamala Harris, Gavin Newsom, Joe Biden to send their child
00:31to private school.
00:32I'm an attorney and the law supports their right and I support it as well.
00:37Okay, so you support the right of families to choose private schools if they can afford
00:41it. Is that right?
00:43That's correct. I do believe that public education though is the cornerstone of our democracy
00:47and I as an individual firmly support it.
00:50Okay, but do you see how that might rub some people the wrong way when you support school
00:54choice for wealthy families but oppose efforts to extend that same opportunity to lower income
01:00families?
01:03Because I believe that our public schools should be as well funded and as wonderful
01:08as our private schools, I think that that is something that the American people widely
01:14agree on. But policymakers need to find the political will to finally fully fund our public
01:20schools and the evidence-backed programs that help all students in places that welcome
01:24all students.
01:25So you talk about rural schools. Let's say that you are in one of these rural communities
01:28that only has one public school and unfortunately it's not very good. What would you tell the
01:32parents in that community?
01:34I would advocate alongside them as we do for better public funding for their public schools.
01:40Okay, and maybe that'll solve the problem, maybe it won't. Meanwhile, their child isn't
01:43being taught to read. You just tell them tough luck?
01:45No, I as an attorney would advocate for their rights under the law, which I would note largely
01:50do not apply to private school students.
01:52Okay, and you think that that's going to somehow instantly transform this school so that they're
01:57taught to read?
01:58I think that there's no chance of people's rights being enforced when they don't have
02:02them.
02:03Let's think about Arizona, Ms. Clark, if you're a parent in that same situation. So this is
02:07their sort of example that's come up again and again. What about in a rural community?
02:10If you are in this situation where there's really only one public school and you have
02:12access to an ESA, what are your options then?
02:15Well, we have thousands of families in Arizona and in rural communities who are utilizing
02:19our state's ESA program and they're utilizing it because it works. They're not trapped by
02:24maybe one public school that isn't serving them well, maybe isn't teaching their child
02:27to read. They can launch a micro school, they can create a co-op, they could hire a teacher
02:32and pool their ESA funds with other families, which many of them have done. They can do
02:37online schools. There's thousands of incredible online schools. They would have access to
02:42all of those things with an ESA.
02:44What do you think, Ms. Levin, might that get you better results in the near term than
02:47writing a letter to your state legislator?
02:50The research says that it would not. The overwhelming research shows that online schools do not
02:55perform as well as brick and mortar schools, particularly for our most vulnerable.
02:58Well, I don't know about that. I mean, Dr. McShane gave us a lot of research that says
03:01quite the contrary. But I mean, you're from California and you've told us again that the
03:05solution is just full funding. California is pretty well funded. How's California doing
03:10with education?
03:11The solution, to be clear, is not just full funding. Full funding is a necessary, though
03:15not a sufficient condition for an adequate education.
03:18Okay. What are the other things?
03:20We need policy. We need to fund policies that are evidence-backed and that work.
03:24Like what?
03:26Like teacher preparation, like preschool, like sufficient services for students with
03:30disabilities. And I'd be happy to provide the committee with much more research-backed
03:33evidence.
03:34Okay. So in California, we're not doing well. You didn't answer the question, but that's
03:37the truth. So I guess even though we have all that funding, we just don't have the right
03:41policies in those other areas? Is that what it is?
03:44Well, California has improved its public school funding. That doesn't necessarily mean it
03:48has sufficient funding to serve the needs well of every student.
03:52Are you aware that California had the longest school shutdown in the country during COVID?
03:56I will take your word for it.
03:57Do you think that was a good thing or was that a mistake?
04:00I believe that during a catastrophic early years of a pandemic, that schools sometimes
04:05needed to stay closed to protect both students, especially students with disabilities.
04:09So you support California's decision to have its schools closed longer than any state in
04:14the country?
04:15I support the decision of each state and locality in making the choice that was right for them.
04:20Okay. Interesting. But you don't support that when it comes to issues like school choice?
04:25When it comes to issues like school choice, I support the policies that are going to benefit
04:30students, not harm them. And the evidence is overwhelming.
04:33The evidence is overwhelming that school closures harm students. That's not even really up for
04:36debate at this point. You are a supporter of charter schools though, is that right?
04:41Yes, though they have to be like all public policy implemented well, designed well, and
04:46with safeguards to protect students' rights.
04:48Okay. So when President Biden tried to cut federal charter school grants, did you speak
04:51out against that?
04:53Well, President Biden was a little more targeted than I think you're characterizing. For example,
04:59I do not support an education law center does not support for-profit charter schools. They
05:03should not be funded with federal money.
05:05And just for the record, do federal civil rights laws apply to private schools, yes
05:08or no?
05:10Largely not.
05:11Federal civil rights laws, you're saying do not apply to private schools?
05:15Largely not. Some provisions do, but many do not of IDEA, Title VI, the EEOA, Title
05:20IX. Some of them only apply, many of them only apply to schools that receive federal
05:24funding, which is an increasingly low number of private schools, especially high schools.
05:29That's largely untrue. There's a federal, for any employer, there are federal civil
05:32rights protections that don't depend on whether you're a public or private employer. But in
05:35any case.

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