Catholic schools, charter schools, and urban neighborhoods

University of Chicago Law Review

Volumn 79, Issue 1, 2012, Pages 31-57

  Brinig, Margaret F ^a   Garnett, Nicole Stelle ^a  

^a UNIVERSITY OF NOTRE DAME   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 84862567989     PISSN: 00419494     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Conference Paper

References (139)

1. See Richard W. Garnett, Treasure A. C. E., Natl Rev Online (Sept 10, 2008), online at http://www.nationalreview.com/articles/225595/treasure-c-e/ richard-w-garnett (visited Oct. 21, 2011).
2. See also Peter Meyer, Can Catholic Schools Be Saved?, 7 Educ Next 12, 16 (Spring 2007);
3. Sol Stern, Save the Catholic Schools!, 17 City J 74, 74-76 (Spring 2007);
4. Mary Ann Zehr, Catholic Schools' Mission to Serve Needy Children Jeopardized by Closings, 26 Educ Wk 16-17 (Mar. 8, 2005).
5. *2 (Office of Catholic Schools Archdiocese of Chicago 2004), online at http://www.illinoisloop.org/cath-closed-school-84-04.pdf (visited Oct. 21, 2011).
6. All about Charter Schools: Quick Facts (Center for Education Reform 2011), online at http://www.edreform.com/issues/choice-charter-schools/facts/ (visited Oct. 21, 2011).
7. Illinois Network of Charter Schools, Illinois Public Charter Schools: Profiles 1(2010), online at http://incschools.org/docs/INCS-SchoolProfiles2010- Final.pdf (visited Oct. 21, 2011).
8. See Office of New Schools, 2009-2010 Charter and Contract Schools Performance Report (Chicago Public Schools 2010), online at http://www.cps.edu/ NewSchools/Documents/2009-2010-PerformanceReport.pdf (visited Oct. 21, 2011).
9. See, for example, Andrew M. Greeley, Catholic High Schools and Minority Students 108 (Transaction Books 1982);
10. James S. Coleman, Thomas Hoffer, and Sally Kilgore, High School Achievement: Public, Catholic, and Private Schools Compared 143-46 (Basic Books 1982). Scholars are divided about whether charter schools outperform traditional public schools.
11. See Julian R. Betts and Y. Emily Tang, Value-Added and Experimental Studies of the Effect of Charter Schools on Student Achievement: A Literature Review 26 (Washington Bothell 2008), online at http://www.crpe.org/cs/crpe/ download/csr-files/pub-ncsrp-bettstang-dec08.pdf (visited Oct. 21, 2011);
12. Multiple Choice: Charter School Performance in 16 States 1 (Stanford June 2009), online at http://credo.stanford.edu/reports/MULTIPLE-CHOICE-CREDO.pdf (visited Dec. 31, 2011). The available evidence suggests charter schools in Chicago do outperform Chicago public schools.
13. See Achievement and Attainment in Chicago Charter Schools 21 (RAND 2009), online at http://www.rand.org/content/dam/rand/pubs/technical-reports/2009/ RAND-TR585-1.pdf (visited Oct. 21, 2011) (comparing data from Chicago public schools and Chicago charter schools and concluding "as with [high school] graduation and college enrollment, results suggest that, for the average charter eighth-grader, attending a charter [high school] may have positive effects on ACT scores");
14. Caroline M. Hoxby and Jonah E. Rockoff, Findings from the City of Big Shoulders: Younger Students Learn More in Charter Schools, 5 Educ Next 52, 58 (Fall 2005) (comparing Chicago's public and charter schools and concluding that "among students who enter in a typical grade, attending a charter school improves reading and math scores by an amount that is both statistically and substantively significant").
15. Chester E. Finn Jr, Bruno V. Manno, and Gregg Vanourek, Charter Schools in Action: Renewing Public Education 18 (Princeton 2000).
16. See Margaret F. Brinig and Nicole Stelle Garnett, Catholic Schools, Urban Neighborhoods, and Education Reform, 85 Notre Dame L Rev 887, 953 (2010);
17. *49 (forthcoming 2012), online at http://ssrn. com/abstract=1564254 (visited Oct. 21, 2011).
18. See David Brooks, The Quiet Revolution, NY Times A 35 (Oct. 23, 2009).
19. See Brinig and Garnett, 85 Notre Dame L Rev at 902 (cited in note 8).
20. See Robert J. Sampson and Stephen W. Raudenbush, Systematic Social Observation of Public Spaces: A New Look at Disorder in Urban Neighborhoods, 105 Am J Soc 603, 619-20, 637 (1999).
21. 1See Brinig and Garnett, 85 Notre Dame L Rev at 923 (cited in note 8).
22. *1-6 (cited in note 8).
23. See Anthony S. Bryk, Valerie E. Lee, and Peter B. Holland, Catholic Schools and the Common Good 148-65 (Harvard 1993).
24. Gerald Gamm, Urban Exodus: Why the Jews Left Boston and the Catholics Stayed 129, 237-47 (Harvard 1999).
25. See John T. McGreevy, Parish Boundaries: The Catholic Encounter with Race in the Twentieth-Century Urban North 236 (Chicago 1996).
26. See also Bryk, Lee, and Holland, Catholic Schools at 52 (cited in note 18).
27. See McGreevy, Parish Boundaries at 236-40 (cited in note 21).
28. See Brinig and Garnett, 85 Notre Dame L Rev at 892-903 (cited in note 8).
29. *2 (cited in note 2).
30. See Office of Catholic Schools, Facts about the Catholic Schools in the Archdiocese of Chicago (Archdiocese of Chicago 2009), online at http://schools.archchicago.org/public/factsheet.shtm (visited Oct. 21, 2011).
31. See Facts & Accomplishments (Big Shoulders Fund 2010), online at http://www.bigshouldersfund.org/content/?s=477&s2=484&p=491&t= Facts-&-Accomplishments (visited Oct. 21, 2011).
32. See Finn, Manno, and Vanourek, Charter Schools in Action at 13-22 (cited in note 7).
33. See Office of New Schools, 2008-09 Charter and Contract Schools Performance Report 1 (Chicago Public Schools 2009), online at http://www.cps.edu/NewSchools/Documents/2008-2009-PerformanceReport.pdf (visited Oct. 21, 2011).
34. See Andrew J. Rotherham and Richard Whitmire, Close Underperforming Charter Schools, Reward Those That Work, US News & World Rep (June 17, 2009), online at http://www.usnews.com/opinion/articles/2009/06/17/close- underperforming-charter-schoolsreward-those-that-work (visited Oct. 21, 2011).
35. See Finn, Manno, and Vanourek, Charter Schools in Action at 127-47 (cited in note 7).
36. For examples of such schools, see generally National Heritage Academies, Our Approach (2011), online at http://www.nhaschools.com/About-Us/Pages/Our- Approach.aspx (visited Oct. 21, 2011);
37. Great Hearts Academies, Great Hearts Academies, online at http://greatheartsaz.org (visited Oct. 12, 2011).
38. See Benjamin Siracusa Hillman, Note, Is There a Place for Religious Charter Schools?, 118 Yale L J 554, 560 (2008).
39. See also Sarah Lemagie, ACLU Settles with State, School Sponsor: TiZA, A Charter School Accused of Promoting Religion in Violation of the Constitution, Has Not Reached an Agreement with the ACLU, Star Trib 1B (Feb. 8, 2011);
40. Abby Goodnough, Hebrew Charter School Spurs Florida Church-State Dispute, NY Times A1 (Aug. 24, 2007).
41. See, for example, God and Times Tables, Economist 38 (May 15, 2010);
42. Catholic Schools Get Final OK to Become Charters, Indianapolis Bus J Online (Apr. 8, 2010), online at http://www.ibj.com/catholic-schools-get-final- ok-to-become-charters/PARAMS/article/19166 (visited Oct. 21, 2011);
43. Javier C. Hernandez, City Tries New Tactic to Convert Catholic Schools to Charter Schools, NY Times A22 (Apr. 22, 2009);
44. Bill Turque, 7 Catholic Schools in D. C. Set to Become Charters: Funding Sources Are Still Unclear, Wash Post B01 (June 17, 2008).
45. See, for example, Hernandez, City Tries New Tactic, NY Times at A22 (cited in note 39).
46. See Andy Smarick, Catholic Schools Become Charter Schools: Lessons from the Washington Experience 9-14 (Seton Education Partners 2009), online at http://www.setonpartners.org/Seton-DC-Case-Study-FINAL.pdf (visited Oct. 21, 2011);
47. Dana Brinson, Turning Loss into Renewal: Catholic Schools, Charter Schools, and the Miami Experience 3 (Seton Education Partners 2010), online at http://publicimpact.com/publications/Seton-Miami-Case-Study.pdf (visited Oct. 21, 2011).
48. See Peter Meyer, Catholic Ethos, Public Education: How the Christian Brothers Came to Start Two Charter Schools in Chicago, 11 Educ Next 40, 43-45 (Spring 2011).
49. Illinois Network of Charter Schools, Illinois Public Charter Schools: Profiles at 1 (cited in note 4).
50. See, for example, Illinois Network of Charter Schools, Illinois Public Charter Schools: Profiles at 12, 15 (cited in note 4) (describing Prairie Crossing Charter School as "an environmentally themed school" and Springfield Ball Charter School as having "a theme of literacy and numeracy").
51. *2 (cited in note 5).
52. Compare Illinois Network of Charter Schools, Illinois Public Charter Schools: Profiles at 1 (cited in note 4)
53. *2 (cited in note 5).
54. *39 (Parents United for Responsible Education 2007), online at http://pureparents.org/data/files/Final%20report.pdf (visited Oct. 21, 2011).
55. *2 (cited in note 5).
56. See Office of New Schools, 2008-09 Charter and Contract Schools Performance Report at 5 (cited in note 32).
57. See Dennis W. Roncek and Antoinette Lo Bosco, The Effect of High Schools on Crime in Their Neighborhoods, 64 Soc Sci Q 598, 609-10 (1983).
58. See also Dennis W. Roncek and Donald Faggiani, High Schools and Crime: A Replication, 26 Sociological Q 491, 501 (1985).
59. See Finn, Manno, and Vanourek, Charter Schools in Action at 17 (cited in note 7).
60. See Samuel G. Freedman, Lessons from Catholic Schools for Public Educators, NY Times A17 (May 1, 2010).
61. See also Marisa Schultz, DPS Schools Get New Life as Charters: But Critics Say Their Lure Costs District Money, Detroit News A6 (Oct. 2, 2010);
62. Michelle Martin, Charter Schools Not "Catholic", Catholic New World (May 27, 2001), online at http://www.catholic newworld.com/archive/ cnw2001/052701/charter-052701.html (visited Oct. 21, 2011).
63. Official Catholic Directory 1999-2005 (P. J. Kenedy & Sons 2005) (providing yearly updated archdiocesan entries approved by each archdiocese).
64. Archdiocesan Priests with Substantiated Allegations of Sexual Misconduct with Minors (Archdiocese of Chicago 2011), online at http://www.archchicago.org/ c-s-abuse/report-032006/list.pdf (visited Oct. 21, 2011).
65. BishopAccountability.org: Documenting the Abuse Crisis in the Roman Catholic Church (2011), online at http://www.bishop-accountability.org/Who-We- Are/ (visited Oct. 21, 2011).
66. See Office of New Schools (Chicago Public Schools 2011), online at http://www.cps.edu/newschools/Pages/ONS.aspx (visited Oct. 21, 2011);
67. Illinois Network of Charter Schools, Alphabetical Directory (2011), online at http://incschools.org/charters/find-a-charter-school/full-list (visited Oct. 21, 2011).
68. These are all serious (Part I) crimes collected yearly by the Department of Justice and published as Uniform Crime Reports. See National Atlas of the United States, Summary of the Uniform Crime Reporting Program (2011), online at http://www.nationalatlas.gov/articles/people/a-crimereport.html (visited Oct. 21, 2011).
69. See also Federal Bureau of Investigation, Uniform Crime Reports (Department of Justice 2011), online at http://www.fbi.gov/about-us/cjis/ucr/ucr (visited Oct. 21, 2011).
70. *13- 15 (cited in note 8).
71. *11- 16 (cited in note 8);
72. Brinig and Garnett, 85 Notre Dame L Rev at 912-20 (cited in note 8).
73. See, for example, Andrew V. Papachristos, Tracey L. Meares, and Jeffrey Fagan, Attention Felons: Evaluating Project Safe Neighborhoods in Chicago, 4 J Empirical Legal Stud 223, 240 table 1 (2007).
74. *26 (cited in note 8);
75. Papachristos, Meares, and Fagan, 4 J Empirical Legal Stud at 245-46 (cited in note 69) (using "[t]he log of the beat-level homicide rate" in order to "improve model fit and account for nonlinearity" in a study attempting to evaluate the impact of "Project Safe Neighborhood" initiatives on neighborhood-level crime rates in Chicago);
76. Sampson and Raudenbush, 105 Am J Soc at 621 (cited in note 11).
77. See Sampson and Raudenbush, 105 Am J Soc at 621-23 & n 19 (cited in note 11).
78. *6-12 (Justice Research Statistics Association 2009), online at http://www.jrsa.org/ibrrc/background-status/New- Mexico/Schools-Crime.pdf (visited Oct. 21, 2011);
79. *111-18 (National Criminal Justice Reference Service 2002);
80. Roncek and Faggiani, 26 Sociological Q at 501 (cited in note 54);
81. Roncek and Lo Bosco, 64 Soc Sci Q at 609-10 (cited in note 54).
82. See Paula M. Kautt and Dennis W. Roncek, Schools as Criminal "Hot Spots": Primary, Secondary, and Beyond, 32 Crim Just Rev 339, 349-53 (2007).
83. See Jane Jacobs, The Death and Life of Great American Cities 34-35 (Random House 1961).
84. Charles W. Dahm, Parish Ministry in a Hispanic Community 238-51 (Paulist 2004).
85. See Jonah E. Rockoff and Benjamin B. Lockwood, Stuck in the Middle: How and Why Middle Schools Harm Student Achievement, 10 Educ Next 68, 69-75 (Fall 2010).
86. See, for example, Roncek and LoBosco, 64 Soc Sci Q at 601 (cited in note 54).
87. See Bryk, Lee, and Holland, Catholic Schools at 16, 46-54 (cited in note 18).
88. *1 (Chicago Public Schools 2011), online at http://cps.edu/NewSchools/Documents/Lottery GuidelinesForCharterSchools.pdf (visited Oct. 21, 2011).
89. See Council for American Private Education, Facts and Studies (2011), online at http://www.capenet.org/facts.html (visited Oct. 21, 2011).
90. See Bryk, Lee, and Holland, Catholic Schools at 306-08 (cited in note 18).
91. Jack Buckley and Mark Schneider, School Choices, Parental Information, and Tiebout Sorting: Evidence from Washington, DC, in William A. Fischel, ed, The Tiebout Model at Fifty 101, 104 (Lincoln Institute of Land Policy 2006).
92. See Greeley, Catholic High Schools at 107-08 (cited in note 6);
93. Coleman, Hoffer, and Kilgore, High School Achievement at 143-46 (cited in note 6).
94. See William A. Fischel, The Homevoter Hypothesis: How Home Values Influence Local Government Taxation, School Finance, and Land-Use Policies 154-55 (Harvard 2001).
95. William A. Fischel, Why Voters Veto Vouchers: Public Schools and Community-Specific Social Capital, 7 Econ Gov 109, 112-17 (2006).
96. See also Fischel, The Homevoter Hypothesis at 142-43, 154-55 (cited in note 88).
97. Fischel, 7 Econ Gov at 116 (cited in note 89).
98. See Julie Berry Cullen and Brian A. Jacob, Is Gaining Access to Selective Elementary Schools Gaining Ground? Evidence from Randomized Lotteries, in Jonathan Gruber, ed, The Problems of Disadvantaged Youth: An Economic Perspective 43, 51-52 (Chicago 2009).
99. See 105 ILCS § 5/27A-4 (d).
100. See Office of New Schools, 2008-09 Charter and Contract Schools Performance Report at 5 (cited in note 32).
101. James S. Coleman, Social Capital in the Creation of Human Capital, 94 Am J Sociology S95, S98 (1998).
102. See Bryk, Lee, and Holland, Catholic Schools at 307-08, 313-14 (cited in note 18).
103. See Anthony S. Bryk, et al, Organizing Schools for Improvement: Lessons from Chicago 177-78 (Chicago 2010).
104. See Bryk, Lee, and Holland, Catholic Schools at 282-85 (cited in note 18);
105. Bryk, et al, Organizing Schools at 196 (cited in note 102).
106. See White House Domestic Policy Council, Preserving a Critical National Asset: America's Disadvantaged Students and the Crisis in Faith-Based Urban Schools 102-04 (Department of Education 2008), online at http://www2.ed.gov/ admins/comm/choice/faithbased/report.pdf (visited Oct. 21, 2011);
107. Timothy Walch, Parish School: American Catholic Parochial Education from Colonial Times to the Present 4 (National Catholic Educational Association 1996) (noting shared values, code of conduct, and emphasis on academics);
108. Greeley, Catholic High Schools at 68-69 (cited in note 6) (stating that non-Catholic African Americans are just as successful academically as their Catholic counterparts).
109. Between 1993 and 2003, the percentage of students attending a "chosen" public school increased from 11 percent to 15 percent. National Center for Education Statistics, Fast Facts (Department of Education 2011), online at http://nces.ed.gov/FastFacts/display.asp?id=6 (visited Oct. 21, 2011).
110. See Buckley and Schneider, School Choices at 104 (cited in note 86) (noting that the number of schools available for central-city residents boils down to a number of choices at the household level, without having to move to go to a better school).
111. See James E. Ryan, Schools, Race, and Money, 109 Yale L J 249, 310-15 (1999).
112. See also James E. Ryan and Michael Heise, The Political Economy of School Choice, 111 Yale L J 2043, 2064-65 & n 96 (2002).
113. See Cullen and Jacob, Gaining Access at 51-52 (cited in note 91).
114. See Ryan and Heise, 111 Yale L J at 2073-78 (cited in note 107);
115. All about Charter Schools (cited in note 3).
116. See Milton Friedman, The Role of Government in Education, in Robert A. Solo, ed, Economics and the Public Interest 123, 129-31 (Rutgers 1955).
117. See also James Forman Jr, The Secret History of School Choice: How Progressives Got There First, 93 Georgetown L J 1287, 1291-95 (2005) (situating the roots of the school choice movement in the post-emancipation period).
118. See Jackson v Benson, 578 NW2d 602, 607-10 (Wis 1998) (summarizing history of the Milwaukee Parental Choice Program).
119. Zelman v Simmons-Harris, 536 US 639, 644, 652-54 (2002).
120. See Lindsey M. Burke and Rachel Sheffield, School Choice in America 2011: Educational Opportunity Reaches New Heights 1 (Heritage Foundation Aug. 17, 2011), online at http://www.heritage.org/research/reports/2011/08/school-choice- in-america-2011-educational-opportunity-reaches-new-heights (visited Oct. 21, 2011).
121. See Andrew Campanella, Malcom Glenn, and Lauren Perry, Hope for America's Children: School Choice Yearbook 2010-11 24-27 (Alliance for School Choice 2011). Indiana became the eighth state to adopt a school voucher program in May 2011.
122. See Associated Press, Daniels Signs School Voucher Plan into Law, Indianapolis Bus J Online (May 5, 2011), online at http://www.ibj.com/article/ print?articleId=26991 (visited Oct. 22, 2011).
123. See Idolizing Indiana, Chi Trib C24 (Sept 1, 2011);
124. Richard Komer, School Choice Is Here to Stay; Since the 2010 Elections, the Teachers Union Backlash Has Been Stopped in Its Tracks, Wall St J A17 Aug. 29, 2011);
125. State Budget Expands School Voucher Program, Cath Chron (July 12, 2011), online at http://www.catholicchronicle.org/index.php/Schools/statebudget- expands-school-voucher-program.html (visited Oct. 22, 2011) (noting that Ohio has expanded two of its school-voucher programs and created a new school-voucher program for students with special needs);
126. Marion Herbert, The School Choice Movement Marches Forward in 2011, District Administration 17, 17 (July 2011).
127. See John E. Chubb and Terry M. Moe, Politics, Markets, and America's Schools 185-229 (Brookings 1990).
128. See Richard W. Garnett, The Right Questions about School Choice: Education, Religious Freedom, and the Common Good, 23 Cardozo L Rev 1281, 1309-13 (2002);
129. Joseph P. Viteritti, Choosing Equality: School Choice, the Constitution, and Civil Society 11-16 (Brookings 1999);
130. John E. Coons and Stephen D. Sugarman, Education by Choice: The Case for Family Control 115-30 (California 1978).
131. See Stephen Macedo, Diversity and Distrust: Civic Education in a Multicultural Democracy 1-7, 231-33 (Harvard 2000);
132. Amy Gutmann, Democratic Education 64-70 (Princeton 1987).
133. See also William A. Galston, Political Knowledge, Political Engagement, and Civic Education, 4 Ann Rev Polit Sci 217, 231 (2001) ("[P]ublic schools have been regarded as the most appropriate sites for forming citizens, whereas private schools have been regarded with suspicion as sources of separatism, elitism, and antidemocratic principles.").
134. See Fischel, 7 Econ Gov at 113-18 (cited in note 89).
135. See Brooks, The Quiet Revolution, NY Times at A35 (cited in note 9).
136. See Freedman, Lessons from Catholic Schools for Public Educators, NY Times at A17 (cited in note 56);
137. Mitchell Landsberg, Doug Smith, and Howard Blume, An Unplanned Revolution in L. A.'s Public Schools, LA Times A1 (Jan 10, 2010).
138. Eugenia F. Toma, Ron Zimmer, and John T. Jones, Beyond Achievement: Enrollment Consequences of Charter Schools in Michigan, 14 Advs Applied Microecon 241, 250 (2006).
139. See Matthew Ladner, The Impact of Charter Schools on Catholic Schools: A Comparison of Programs in Arizona and Michigan, 11 Cath Educ 102, 110-11 (2007).