Legislating Education Policy and Equity at the Ballot Box

Legislating Education Policy and Equity at the Ballot Box Amy N. Farley Assistant Professor, Educational Leadership & Policy Studies School of Education, University of Cincinnati March, 2019

Education Policy Primer Policy Mechanisms and Influencers

Definition of Public Policy Varies by discipline & scholars Generally, the array of initiatives, programs, laws, regulations, and rules that the governance system chooses to produce Dynamic and value-laden process through which a political system handles a public problem Includes a government s Expressed intensions Official enactments Consistent patterns of activity and inactivity

Definition of Public Policy Government includes: Federal (national), state (provincial), and local (district, village) levels Elected and appointed officials Bodies or agencies within which officials work Includes teachers and school administrators, and other school leaders in government schools and education agencies

Partner Conversation Who are the 5 most influential policy actors and influencers that affect your work in education? How does that differ across contexts and settings?

Education Ballot Initiatives Understanding their Use and Impact on Education

Introduction Defining Key Terms Direct democracy Any political process in which legislation is crafted and policy enacted by direct vote of the citizenry Two types Ballot Initiative Referenda Legal mechanism Constitutional Statutory Direct or Indirect

Background & Inspiration Background & Inspiration Grew up in Oregon

Background & Inspiration 1992 Ballot Measure 9 All governments in Oregon may not use their monies or properties to promote, encourage or facilitate homosexuality, pedophilia, sadism or masochism. All levels of government, including public education systems, must assist in setting a standard for Oregon's youth which recognizes that these behaviors are abnormal, wrong, unnatural and perverse and they are to be discouraged and avoided.

Background & Inspiration

Background & Inspiration Background & Inspiration Oregon I have prior research experience examining the defeat of Amendment 46 in Colorado and voter confusion Ballot initiatives are a growing phenomenon: Increasingly prevalent throughout the last century Increasingly used to decide policy issues In 2006, more education related initiatives appeared on ballots across the US than any other issue

Background & Inspiration Tyranny of the Majority Does direct democracy facilitate tyranny of the majority? In a racially divided society, majority rule may be perceived as majority tyranny (Guinier, 1994, p. 3) This is why America s founders created a representative government, particularly Madison Gamble s 1997 analysis across policy issues found that anti-minority initiatives passed at twice the rate of the rest (78% versus 33%)

Theoretical framework & research hypotheses Education plays a unique and important role in the creation and maintenance of democracy and democratic principles As an increasingly common phenomenon, education ballot initiatives may have the potential to have great impacts on education policy HYPOTHESIS 1 - Education ballot initiatives have potentially great impacts on democracy and justice Our education system is experiencing a crisis of equity, with nondominant student populations experiencing the public education system much differently than their peers Education ballot initiatives may disproportionately target the rights and educational services of these non-dominant groups HYPOTHESIS 2 - Education ballot initiatives may exacerbate existing inequalities

Purposes and objectives Two Articles History & landscape of education initiatives over time Published EPAA, 2019 Use of education initiatives to target minority rights Under review, hopefully forthcoming

Research Questions Question #1 How have ballot initiatives been used to shape the landscape of education in the United States? What kinds of education initiatives have we seen historically?

Historical Findings Number of Education Ballot Initiatives Identified 282 education focused ballot initiatives since their inception

Historical Findings Classifying Education Initiatives Initiative Category Frequency Percent Funding 151 53.5 K-12 Policies 50 17.7 Civil Rights & Equal Opportunity 36 12.8 Governance 31 11.0 Higher Education 14 5.0 Total 282 100.0

Research Questions Question #2 How have the number and substance of education initiatives changed over time, and how does this compare to historical trends across initiatives more broadly conceived?

Educat ion right s initiatives Educat ion finance initiatives K-12 policy initiatives Educat ion governance initiatives Higher education policy initiatives 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000 2010 Progressive era Postwar & labor unrest era Great society era Neoliberal era Anti-affirmative action Anti-discrimination Anti-LGBT Immigration & English Segregat ion 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000 2010 Progressive era Postwar & labor unrest era Great society era Neoliberal era

Research Questions Question #3 To what extent do we find ballot initiatives that specifically target the educational rights and services for minority groups?

Historical Findings Minority-Targeted Initiatives 35% 30% 35% Over Time35% 30% 30% n=12 25% 25% n=79 25% n=9 20% 20% 20% 15% n=543 15% n=518 n=47 15% n=5 10% 5% 0% 1900-09 n=374 1910-19 n=239 1920-29 n=354 1930-39 n=228 1940-49 n=170 1950-59 n=142 1960-69 n=250 1970-79 n=359 1980-89 1990-99 10% 5% 2000-09 0% 1900-09 n=15 1910-19 n=22 1920-29 n=19 1930-39 n=21 1940-49 n=17 1950-59 n=14 1960-69 n=15 1970-79 n=19 1980-89 1990-99 10% 5% 0% 2000-09 n=0 1900-09 n=0 1910-19 n=0 1920-29 n=0 1930-39 n=1 1940-49 n=3 1950-59 n=0 1960-69 1970-79 n=4 1980-89 1990-99 2000-09 Progressive era Postwar & labor unrest era All Initiatives Great society era Neoliberal era Progressive era Postwar & labor unrest era Great society era Education Initiatives Neoliberal era Progressive era Postwar & labor unrest era Great society era Anti-Education Rights Initiatives Neoliberal era

Research Questions Question #4 To what extent are they more likely to pass than ballot initiatives that do not?

Historical Findings Passage of Minority-Targeted Initiatives Approved (%) Failed (%) All Initiatives (Not Education) 880 (46.1%) 1266 (53.9%) Education Initiatives (Not Minoritytargeted) 82 (33.2%) 165 (66.8%) Education Initiatives (Minoritytargeted) 23 (67.6%) 11 (32.4%) Total (N) 2146 247 34

Research Questions Question #5 What ballot initiative characteristics and state-level factors are associated with the passage of education ballot initiatives in the United States?

Contemporary 100% Findings 90% 80% Probability of Passage 70% 60% 50% 40% 30% 20% 10% Not Minority-Targeted, Not Union Opposed Not Minority-Targeted, Union Opposed 0% 0% 5% 10% 15% 20% 25% 30% 35% Percent Minority

Contemporary 100% Findings 90% 80% Probability of Passage 70% 60% 50% 40% 30% 20% Minority-Targeted, Union Opposed 10% 0% 0% 5% 10% 15% 20% 25% 30% 35% Percent Minority Not Minority-Targeted, Not Union Opposed Not Minority-Targeted, Union Opposed

Conclusions Conclusions Results demonstrate an increased probability of passage for education ballot initiatives that target minority groups, adding legitimacy to claims that the ballot initiative process disadvantages minoritized students. At a time when the needs of underserved students are heralded as one of the most pressing civil rights issue of the day, it is important to consider how all kinds of policy decisions impact minoritized students and their prospects for the future.

Implications for Our Work in Ohio?

Connection to Deans Compact Questions for the Deans Compact How do legislative and policy/reform affect: the work of the Ohio Deans Compact? the work of teachers in schools? our ability to provide an inclusive education and educational opportunity to all our students? What is our role in shaping the legislative and policy agenda in public education?

Connection to Deans Compact Questions for All of Us What are the implications for educators when the public mobilizes to tyrannize and other our students? How can we reshape the public s perceptions of inclusions and diversity in public education? What roles do K-12 education systems and higher education play in the replication of these inequalities?

Contact Information Amy N. Farley amy.farley@uc.edu