Will Three- and Four-Year-Olds Keep Free Busing to Kindergarten?

Carrying broad and deep cuts, including almost 1,000 fewer employees, the budget proposed for Milwaukee Public Schools for next year has left at least one member of the School Board, Annie Woodward, suggesting that the board should just refuse to pass the budget. It may seem tempting to other members, but the board is nonetheless on track to approve a budget soon.

Amid all the cuts, one proposal that has attracted particularly strong opposition in public hearings: Eliminating free busing for three- and four-year-old kindergartners. Representatives of Montessori schools and the Starms Early Childhood Center have passionately argued for the importance of starting children in their programs at early ages. Busing is critical to getting the young children to school, they argue. School administrators estimate that there will be more than 2,700 three- and –four-year-olds bused next year, based on current practices.  

Board members are clearly sympathetic to keeping the busing. Two amendments to restore it will be considered at a meeting tonight. There’s one major problem: Neither of the proposals specifies where to come up with the almost $2 million to cover the tab for the young kids. The budget already calls for spending the most MPS can spend legally.

Official information on a proposed budget amendment from board members Terry Falk and Peter Blewett simply says, “$1,942,569 needs to be identified to fund this amendment.” An amendment proposed  by board member Larry Miller favors charging families for the busing, unless the children qualify for free or reduced price lunch. The proposal does not estimate how that might work and, as MPS budgeters said in their comments, “Further investigation is needed on legality of charging for transportation.”  

Overall, MPS has been trying for years to cut the amount it spends on busing. The figure hung around $60 million for quite a while, but has been dropping. For 2009-10, it was $56.8 million. The budget for this school year is $55.1 million. Including eliminating the three- and four-year-olds from busing, the proposed amount for next year is $51.3 million. That’s a little under 5% of the total MPS budget.

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National Momentum for School Vouchers

A couple years ago, I would have said that the growth prospects for school voucher plans were not  good. Proposals to allow students to attend private and religious schools using public money had died in several states, court rulings had not been favorable in places such as Florida where there were strongly worded constitutional bans (“Blaine amendments”) on giving public money to religious schools, research on student achievement in Milwaukee, the nation’s main show case of voucher use, had shown nothing impressive, and  Congress had pulled the plug on a voucher program in Washington, D.C.

The landscape is much different now, thanks primarily to the 2010 elections and the wave of Republican victories.

There’s legislative action on multiple fronts in Wisconsin. Bills to lift the enrollment cap on Milwaukee’s voucher program and to allow suburban schools to accept city of Milwaukee voucher students are moving ahead. A proposal to phase out the family income limits for voucher recipients has brought  controversy and seems likely to morph into raising, but not eliminating, the income standard. And this week, Gov. Scott Walker said he supports expanding the program to include Racine, Beloit, and Green Bay.

It is useful to put the local developments in national context. Here are three examples of what’s going on:

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Quill Winners Explore Visa Adjudications and Limits of Public Trust Doctrine

Congratulations to 3Ls Cain Oulahan and Gabe Johnson-Karp, the winners of this year’s Gold and Silver Quill Awards, respectively.  The Quill Awards recognize the top two student comments published in the Marquette Law Review.

Cain’s comment is “The American Dream Deferred: Family Separation and Immigrant Visa Adjudications at U.S. Consulates Abroad.”  He explores the tension between the general preference in American law in favor of keeping families together and some specific requirements of immigration law that can break families apart for many years while a parent or spouse seeks to obtain a visa from an American consulate abroad.  As Cain puts its,

This problem arose with the creation by Congress in 1996 of what are known as the unlawful presence bars to admission.  After more than ten years since the passage of the unlawful presence bars, it is now appropriate to look closely at their impact and examine whether they constitute sound public policy. This Comment argues that they do not. This Comment explains how the system puts families through unnecessary and unjustifiable hardship by imposing a punishment that is disproportionate to the seriousness of the immigration violation. This Comment points to the lack of evidence that the unlawful presence bars significantly deter illegal immigration, and the fact that they tear families apart or force them to move abroad. For these reasons, this Comment recommends that Congress make sensible changes that will promote family unity while imposing penalties that are more proportionate to the seriousness of the immigration violation.

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