NZ and US Clash Over Charter Schools: Should Taxpayer Money Foot the Bill?

New charter schools are being established in New Zealand as the US Supreme Court reports a tie in their verdict regarding one such school, which had raised concerns about blurring lines between religion and public education in America.

Over the span of two years, the New Zealand government plans to invest approximately $140 million in charter schools — these institutions do not have to follow the national curriculum.

In a policy that scholars said echoed education models in the US and the United Kingdom, the coalition government pledged to open 15 new charter schools while also converting 35 existing state schools into so-called charters.

With the initial group now operational, another school scheduled to launch in July, New Zealand is beginning to grasp the extent of demand for this type of education.

Charter schools are independently operated and privately managed but funded through public money. Since they do not have tuition charges, they provide families an option to choose a schooling environment at no expense.

Critics argue that they divide already insufficient education funds, fail to demonstrate improved outcomes, and eventually turn into costly diversions.

Supporters of these initiatives, such as the upcoming New Zealand Deputy Prime Minister David Seymour, argue that charter schools provide an opportunity for teachers to escape bureaucratic constraints and find innovative ways to achieve educational excellence. They also emphasize that charter schools have specific performance standards that public institutions do not always adhere to.

Around the globe, charter schools represent a policy rooted in classical liberalism.

Just as these movements push for a free market, they argue that in education there should also be choice and that by letting private groups run schools with more flexibility, results will improve because competition demands it.

"However, education functions differently from car sales," stated Professor of Education at the University of Southern Queensland and an expert in the democratisation of schooling systems, Stewart Riddle.

In the United States, charter schools are established as options alongside conventional public schools.

The foundational idea behind these schools is that the government should finance education without exerting control over it.

"As their name implies, they have a charter – a specific type of commitment that they pledge as a school," according to Dr Riddle.

You could have a charter school specifically designed for students interested in creative arts or performing arts.

In the United States, what often occurs is that influential groups with religious and various other convictions drive decisions, thus seeking to exert control over the curriculum.

Overnight, the US Supreme Court indicated it was divided regarding the fate of a charter school in Oklahoma—a ruling that could disappoint the Catholic supporters of this institution, as they aimed to alter the landscape of American public education.

What exactly is a charter school?

Charter schools operate as independent entities, receive funding from the government based on student numbers, and thus do not require parents to pay enrollment fees.

These schools offer families an option for a private education at no private school cost.

Australia has steered clear of adopting charter schools, opting instead to educate the majority of students in public, private, or independent institutions.

Every school gets public funding, yet to be a registered school in Australia, you must adhere to the national curriculum through the senior years, despite variations in how you deliver that content.

Recently, Mr Seymour announced a new charter school called Twin Oaks Classical School will open in Auckland in July.

"Pupils enrolled at Twin Oaks Classical School will be present on campus for the initial three weekdays and then continue their education remotely from home during the final pair of weekdays. The institution will equip and assist both parents and children with specific guidelines regarding homework assignments completed outside of school hours. This collaborative method follows the traditional principles laid out by Charlotte Mason," explained Mr./Ms. [Name not provided].

The Charlotte Mason method is one adopted by Christian homeschooling families, and takes a very traditional view of gender roles, morality and spirituality, according to Dr Riddle.

Other charter schools in New Zealand have different areas of focus, including models dedicated to at-risk students who are disengaged from mainstream schooling, Māori immersion schools, a creative arts college and a French school.

The New Zealand Charter School Agency states that these institutions have significant leeway regarding instruction methods and educational content, provided they meet their predetermined objectives outlined in the charter agreement.

Previously, New Zealand experimented with charter schools, yet this model was abandoned during Jacinda Ardern’s initial administration. The former premier and current Leader of the Opposition holds this position. Chris Hipkins stated that the situation would recur under similar circumstances. should Labour regain power.

Throughout the political landscape and within the industry, there’s recognition that New Zealand’s educational framework is facing significant challenges, yet there isn’t agreement on just how beneficial charter schools might prove to be.

“What we’re establishing is an alternative, highly costly framework that lacks empirical backing and consumes significant funds, diverting resources away from the publicly accessible system,” Senior Lecturer in Education at the University of Auckland, Dr Jude MacArthur explained.

Mr Seymour said to the ABC, "the funds allocated for the education budget do not belong to unions or the public school system; they are meant for the students."

"I find it odd that certain individuals believe a student doesn’t merit funding for their education simply because they might thrive more in another school than in a typical state institution," he stated.

Mr Seymour has contended that the charter schools will particularly cater to the requirements of neurodiverse students.

He pointed to new charter Mastery School in Christchurch, saying "it provides another option for students who were disengaged from the state system, particularly neurodiverse students, and the results speak for themselves with vastly superior reading, mathematics and spelling achievement".

Dr MacArthur indicated that state schools encountered comparable difficulties; however, they had been requesting additional resources for years to address these issues.

"One of the charter schools has one teacher and three teacher aides to every classroom," she said.

If charter schools claim those resources are necessary for supporting these students, shouldn’t we allocate that funding to the public system instead? After all, this is where we can directly reach these kids and youth.

In The most recent New Zealand budget unveiled on Thursday. The government has assigned additional funding and "reshuffled" resources to enhance learning support services in educational institutions. by approximately $600 million across the coming four years .

This represents a significant change and has been termed by the government as "The biggest enhancement to learning support in a generation."

The budget documents highlighted certain savings resulting from funds initially allocated for state schools transitioning into charter schools during the 2024/25 fiscal year being unnecessary since "no state schools underwent conversion within this timeframe."

Doctor Riddle mentioned that when examining the United States, where charter schools have been part of the educational landscape for many years, the outcomes have been varied.

“The debate goes like this: ‘Okay, these underperforming public schools, let’s convert them into charter schools since private enterprises supposedly operate more efficiently than governmental bodies’—that’s typically the rationale behind privatization,” he stated.

However, in the United States, when charter schools haven't measured up, they've just shut them down instead.

The discussion around educational options

In 2023, as New Zealand Prime Minister Christopher Luxon worked towards forming his government, he secured coalition agreements with the ACT Party and New Zealand First.

During those discussions, ACT Party leader David Seymour secured his charter schools policy, much like he achieved approval for drafting and presenting it. the Treaty Principles Bill and the Regulatory Standards Bill.

It was also the ACT Party who won the right to launch charter schools in New Zealand the first time around — that time in a confidence and supply agreement with John Key's National government.

Messages from Mr Seymour and New Zealand’s Charter School Agency indicate that this fresh push towards the charter school system aims to offer parents more options and grant schools greater freedom for innovation.

"A universal education system isn’t serving everybody, and parents who pay their taxes should have greater educational options for their kids," Mr Seymour said in an ABC statement.

Dr MacArthur questions that logic.

"Parents face a wide array of options within our education system. They may opt for public schooling, private institutions, or state-integrated schools with their distinctive characteristics. Additionally, they might select Kura Kaupapa Māori schools among others. The selection possibilities are quite extensive," she stated.

We also don’t face issues regarding innovation within our public education framework. The schools here excel remarkably under the guidance of our distinctive New Zealand curriculum.

Dr Riddle states that charter schools typically gain prominence as a policy under conservative administrations.

He stated that it leans more towards being a political action rather than an educational one.

In essence, at the close of the day, what they are achieving is shifting the accountability for public education, which is essentially meant for everyone, from government hands into the realm of market forces.

While New Zealand continues to debate the merits of charter schools, the United States has been navigating this educational landscape for several decades, with the majority of states providing financial support for such institutions.

In Oklahoma, a legal battle concerning a charter school reached the nation's Supreme Court.

It has been very closely watched because it was reckoning with the fundamental question of whether public money funding a religious school that can teach its own curriculum threatens the separation of church and state, or if not doing so would be an act of religious discrimination.

Oklahoma vs St Isidore

The First Amendment of the United States Constitution includes this line: "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof."

The "establishment clause" prevents government officials from favoring one specific religion or supporting religion at the expense of non-belief. Meanwhile, the "free exercise" clause safeguards an individual’s right to practice their faith freely.

Moreover, this charter school has exposed the conflict between the two provisions and presented them for consideration before the Supreme Court.

Two Catholic dioceses in Oklahoma were attempting to establish the nation’s first publicly funded religious charter school, however, this initiative has been halted by the state’s highest court.

The rationale of that court was that as it was publicly financed, it qualified as a governmental body which couldn’t, according to the constitution, set up a religion.

The Supreme Court, which leans towards conservatism, has been pondering the case.

The core idea behind the establishment clause is, "We won’t fund religious leaders to instruct others about their faith," stated liberal Justice Sonia Sotomayor during the debate.

Conservative Judge Brett Kavanaugh voiced worry that turning down St Isidore could lead to religious bias.

"When you run a program that welcomes everyone but excludes religious individuals, it comes off as blatant discrimination against religion," he stated.

On Thursday (local time) the Supreme Court issued its ruling —a 4-4 tie decision.

Given that conservative Judge Amy Coney Barrett has removed herself from the case, this impasse upholds the ruling made by the lower court and prevents the creation of St Isidore of Seville Catholic Virtual School.

Even without a clear majority, the outcome doesn't establish a new standard for the larger constitutional issue.

St Isidore Charter School aimed to secure American public funding with the intention of instructing students statewide in Oklahoma about "God's structured formation of the cosmos" and "the significance of human existence starting from cellular development, conception, and covering all nine bodily systems," along with additional teachings. detailed in the school's Catholic curriculum.

"We will learn that the heart and brain are the first in embryonic development allowing us to know the truth and to love God as we are made in his image," the document reads.

Doctor Riddle mentioned that the situation in Oklahoma serves as an extreme illustration of where charter school systems might ultimately lead.

He mentioned that there’s an extensive and thorough procedure involved in determining the optimal curriculum for our youth.

I'm worried that such a shift towards a charter system will lead you down the same path as Oklahoma. Once you make that change, it’s hard to stop. It's like sliding down an incline.

ABC/Reuters