COMMENTARY
FLORIDA CATHOLIC CONFERENCE

Archdiocese of Miami + Diocese of St. Augustine
Diocese of St. Petersburg + Diocese of Orlando + Diocese of Pensacola/Tallahassee

VOLUME 2, NUMBER 1 / September 1981

   In this issue of COMMENTARY, we focus on current education issues, in particular those which affect parochial schools and other nonpublic schools in Florida.

   In a day when the need for commitment to public education has never been greater, there is equal need to acknowledge the major and continuing contributions of our nonpublic schools. The dualistic school system that exists today is one which had a very gradual development. It was only after the Civil War that general acceptance was given to the government's responsibility to provide a free education for every child. Prior to then schools were commonly an extension of the family or church with only a very few quasi public schools. Nonpublic schools are an important part of the American education tradition, indeed they make up the very foundation.
   But where do they stand today?  Over 5 million of the elementary and secondary students in America attend nonpublic schools (10.7% of the total). They attend 19,677 nonpublic schools which make up 18% of all schools. Fifty percent of those schools are Catholic, 7 % are Lutheran, another 22% are other church oriented and 20% are independent, special education, vocational or alternative schools.
   For Florida comparable statistics reveal 225,000 students in nonpublic schools or roughly 12% of the total student populace in elementary and secondary schools. Seventy-five thousand of them attend the state's 190 Catholic schools. Florida has more than 1200 nonpublic schools in operation.
   So for Florida and the nation as a whole, nonpublic schools are an integral and important part of a dualistic school system. Through a cooperative effort, nonpublic schools and parents of their students have long been sharing the public responsibility of educating our youth. They have created a diversity that our education system would otherwise lack.  Many students have received their education from both sectors. Our nation's heritage, steeped in pluralism, makes it appropriate to encourage this diversity -not just in education, but certainly including it. Educational philosophies vary from the public to the nonpublic sector. Americans have the right to choose what is best for their children. The competition improves both sectors. It is proven and practical in this country.
   Nonpublic schools are not only desirable; they are necessary. Annually states and counties are relieved of tremendous tax burdens. Taxpayers in Florida will be saved over 400 million dollars this year due to students attending nonpublic schools rather than tax supported public schools. On a national scale the figure exceeded 14 billion dollars last year and these figures give no consideration to the costs involved with putting up buildings, classrooms and other capital expenses. Educational pluralism is not only good, the people of Florida can't afford to do without it.
   In general, nonpublic school students score higher than national norms on testing of required subjects. Proportionally a greater number of their graduates will enroll in higher education and they can be found in all professions, all walks of life, making substantial contributions to American life. They include students from varied backgrounds, every economical strata, every race. Their schools are imperfect like all other schools, but their education is effective and serves the common good. Their existence enhances the welfare of society in general.
   There is however a real danger that exists today.  It is through the exercise of their constitutional freedom that parents send their children to nonpublic schools. Nonpublic schools have not escaped the skyrocketing costs of the past decade. Many parents, those of average income and lower, have surrendered or may soon have to forfeit the option of our traditional American school system. Nonpublic schools may become bastions of the well-to-do. But they are not and should not become such. The U.S. Department of Education reports that 45.6% of families with children in nonpublic schools have an annual income of less than $20,000.  Moreover, 63% of nonpublic students come from families with incomes under $25,000 per year. Beyond this, many nonpublic schools, particularly Catholic schools, are committed to educating the economically disadvantaged of America's inner cities.
   For our dualistic American education system to continue nonpublic schools must remain accessible to those who would choose them. Public policy can and should play a role here. Does not social justice, does not American tradition, demand that it be allowed to continue to flourish - not just for a few - but for those who choose?

   Today's increasing financial pressures are escaped by very few. The decrease in discretionary income and necessary increase in tuitions cause many parents to withdraw their children from nonpublic schools. The benefits of a dualistic school system, part of the American tradition, suffer considerably if the opportunity to choose is not preserved. The poor need educational choice and the middle class must not lose theirs. A possible relief to this exigency would be for the government to provide tuition tax credits to parents of nonpublic school children. There has been introduced in the 97th Congress legislation which will allow for this.

TUITION TAX RELIEF ACT

   In February of this year, Senators Daniel Patrick Moynihan and Robert Packwood introduced the Tuition Tax Relief Act, Senate Bill 550,tothe97th Congress. Among the co-sponsors of this legislation was Senator Paula Hawkins of Florida. Should the act pass both houses of Congress it would provide a tax credit, subtracted directly from the amount of taxes owed, for tuition expenses paid by an individual for himself, his spouse or his dependents. Tax credits are unlike tax deductions which are subtracted from gross income. The amount of the credit would be fifty percent of tuition payments up to a maximum credit of $500 per individual when the act becomes fully mature.
   Eligible educational expenses would include tuition and fees required for enrollment but would not include books, supplies, lodging, transportation or other personal expenses.
   In order that low income families would benefit from tuition tax credits, the credit is refundable if it is greater than the amount of an individual's tax liability.
   Parents of nonpublic school children would be eligible only if the school which is attended is exempt from taxation under the Internal Revenue Code, and the school does not exclude students from admission or participation in the school on account of race, color, national or ethnic origin.
   To say that tuition tax credits is a controversial subject would be an understatement. The concept has been a part of the public policy debate since the early 1960's. In 1972 a presidential panel on nonpublic education strongly recommended a program,of tuition tax credits and both presidential candidates during that election endorsed the concept. Since then interest has remained strong with extensive activity during the 95th and 96th sessions of Congress. Even now there are fifteen separate tuition tax credit bills filed in the 97th session and they have the unqualified endorsement of the Republican party and President Reagan.
   Opponents of tuition tax credits are mostly found among the ranks of teachers' unions and professional educators.  They are sincere and have a deep concern for the public schools, but their fears are unfounded. They argue that tuition tax credits would be unconstitutional because of the benefit to the religious schools. But it is the parent who benefits not the school, the same parent whose taxes support the public schools.  They have said that tax credits will destroy the public school system. However, a few dollars in tax relief will not prompt great numbers to leave the public schools. Besides, this claim exhibits little faith in our public schools. Proponents of tuition tax credits are not against public schools. Many parents have children enrolled in both sectors - in fact the majority of Catholic children are in public schools. It is argued that tax credits will foster racial segregation - but specific language will preclude this.
   Parents are the prime educators of their children. It's a basic parental right to select a school for their child. Tuition tax credits will help to preserve that right of choice by providing a modest amount of assistance. It is not unrealistic to seek this, or for government to grant this, upon consideration of the residuals it will gain.
   The chances for passage of the Tuition Tax Relief Act could be considered excellent. But only if there is action by the many who favor this method. Voices need to be heard loud and clear. The need is for a tremendous response from the people to their elected representatives in Congress. Please take the time to send a letter or telegram to your two U.S. Senators, U.S. Representatives and the President. Tell them of your support of tuition tax credits and urge them to adopt this law. Their mailing addresses may be found in the local phone directory.
   I support a system of tuition tax credits because I believe such as system is the best way to strengthen the right of parents to decide the education of their children."  Candidate Ronald Reagan, October 20,1980, Cincinnati, Ohio,

WHO SHOULD BE ALLOWED TO RIDE ON A YELLOW SCHOOL BUS?

   There are approximately 1,700,000 children enrolled in public and nonpublic elementary and secondary schools in Florida. For those attending public elementary and secondary schools transportation is regularly provided to all those who live beyond established 2 mile walking limits or are subjected to hazardous walking conditions. This involved approximately 690,000 students during the last school year at an average cost per student of $146.00. On a statewide level this came to over 1 12 million dollars with the State of Florida subsidizing about 50% of it, the percentage varying slightly from county to county. Two of Florida's 67 county school districts bus parochial school students. In the past, other districts have done so. One district buses such children without charge, the other charges the parents for the cost of the busing. A proposal has been made to extend this program to a statewide basis, with state funding.
   Presently there are twenty-eight states which provide for either through permissive or mandated language, the transportation of nonpublic students.* In most of these states, school transportation of nonpublic school children is an accepted practice and works well. Some have relatively recent laws but others have had laws on the books for a considerable length of time: Maryland (1937); Kentucky (1944); Massachusetts (1947); New York (1947).
   Some forms of assistance to children in parochial or church related schools are of questionable constitutionality. School transportation is not one of them. Public safety and health of such students are a direct concern of the state. School health records and services for all students have traditionally been a concern of county health departments; attendance records are the concern of local school districts; and of course, federal aid programs are administered by school districts to nonpublic school children at their schools.
   School bus transportation has been held to be constitutional by the U.S. Supreme Court. The Religious Freedom provisions of the Florida Constitution, Article 1, Section 3, have generally been held to be the equivalent of the First Amendment to the U.S. Constitution in its application. Constitutional scholars consider this proposal, transportation of parochial students in Florida, to be immune from constitutional challenge.
   A major consideration of this transportation issue is energy.   On the national and state scene it is a high priority.  A recent survey conducted by the Florida Association of Academic Nonpublic Schools has revealed that it is a very small percentage of nonpublic school students (approximately 10%) who come to school on school buses.  Most nonpublic schools are smaller than public schools and without the tax support they cannot afford the high costs of purchasing and insuring buses. The majority of school families make two trips a day to school and home in privately owned vehicles. Energy expenditures as well as other costs are enormous. The transportation of nonpublic school students presents a real opportunity for major energy conservation. It is the only alternative to driving children to school on an individual basis.
   By and large public school buses serve the same neighborhoods and travel necessary routes for nonpublic schools. In many districts the buses travel at less than capacity. A more efficient utilization could be achieved by extending the public school system to include nonpublic school children.
   Beyond energy considerations, a more constant concern is the health and safety of our children. Surely all children, whether they attend nonpublic or public schools are entitled to the maximum protection available. Why shouldn't all children enjoy equal safety in traveling to and from school? School transportation effectively reduces the chances for accidents. Florida just passed a law providing for school bus transportation for children faced with hazardous walking conditions. Nonpublic school students are also subject to these conditions.
   The potential energy savings and safety benefits to be realized by extending school transportation to nonpublic school children are enormous. Your state Representatives and Senators as well as the Governor need to hear from you on this issue as soon as possible. Urge them to support upcoming legislation which provides transportation for nonpublic school students.
   The names and addresses of your state Senators and Representatives may be found in the local phone directory. Write to the Governor at:    Governor D. Robert Graham
                       The Capitol
                       Tallahassee, Florida 32304

*  States providing nonpublic school transportation: Alaska, Conn. Del., Hawaii, Kans., Maine, Mass., Mich., Minn., New Hamp., New Jersey, New York, Ohio, Penn., R./., S. Dakota, Vt., Wisc., Calif, Ind., Iowa, Kentucky, Maryland, New Mexico, N. Dakota and West Virginia.

PARTICIPATION IN FEDERAL EDUCATION PROGRAMS

   Not all nonpublic schools in Florida choose to partake in programs of federal aid to education but the Catholic schools have done so to a large degree.  More than three million dollars in services and assistance was received last year.
   It is not yet known exactly how the new administration's block grants will be administered on the state and local levels. What is certain, however, is that many categorical programs have been consolidated under specific block grants and that there will be reductions in appropriations from 10-25% in future years.
   A major feature of the new law is the continuation of provisions to ensure that private school children have the same access to the programs and activities as public school children.

   For some in the education world, diversity and pluralism are equated with divisiveness and polarity. This is unfortunate and should not be the case. Public and nonpublic schools should be seen as partners in education. One needs the other. To have a monopoly in public education would not only discourage creative thought and behavior but would also be contrary to principles of  freedom which this country was founded on. Diversity is encouraged in all forms of commerce. Why not education as well? Strong competition from our nonpublic schools can only encourage our public schools.
   Neither sector should be threatened by the other.   Rather they should learn from each other.  A"we versus they"attitude can only be counterproductive.
   Support for the nonpublic sector does not allow for a decline in interest in the public sector. Together they comprise a great tradition in American education. Imperfect as they both may be, American schools today are providing an education for a higher proportion of the population than ever before. As has always been the case in America, competition will provide a necessary measure of quality.