Is a Little Open Enrollment a Dangerous Thing?

In an article about Missouri’s open enrollment proposal, the Post-Dispatch quotes the director of a Minnesota education center:

“I don’t see school choice as good [or] as bad,” he said. “It’s like freedom. You have to use it carefully, otherwise it will cause problems.”

This quote sheds light on the worldview of people who are indifferent to parental choice. Freedom isn’t good or bad? And it’s liable to cause problems if we’re not super careful? The attitude is even more astonishing in the context of an open enrollment discussion. We’re talking about parents choosing between public school districts, which receive funding and directives from local government, state government, and federal government. Open enrollment would not allow families to choose a school subject to any less government control. And, for most students, choices would be limited because there are only a handful of districts close enough for them to attend. I just don’t see what this proposal has in common with unbridled freedom.

Open enrollment as it’s proposed would be a small step forward for Missouri’s current system — not a revolution. The term “open enrollment” sounds like a free-for-all, but the vast majority of students would actually stay in their current districts. That’s because under the plan, districts would be able to set limits on how many students they’ll accept, or to close their doors to transfer students altogether. And parents would have to decide where they’d like their children to transfer to by January, many months before the start of the school year. So, last-minute switches that could prove a hassle for districts would be ruled out.

Besides, Missouri already does allow some students to cross district lines. The St. Louis Public Schools’ magnets haven’t descended into chaos by enrolling students from the county, nor does the arrangement set county districts behind SLPS. Other examples include St. Louis–area students who attend the Program for Exceptionally Gifted Students, and rural students who petition to attend nearby schools out of their districts. Inter-district enrollment isn’t dangerous in those cases, and expanding it to all districts would also do no harm.

Should We Raise Taxes to Fund Road Improvements?

Today’s Kansas  City Star has a story by Brad Cooper about the efforts of the Missouri Transportation Alliance to generate discussion of the future of transportation funding in Missouri. I commend the MTA for its efforts, but I am concerned that it is focusing too much on simply trying to decide which tax (or taxes, plural) to raise:

The group has looked at various ideas for funding transportation — gas taxes, sales taxes, licensing fees — but hasn’t settled on any ideas that could eventually be taken to voters to approve, McKenna said.

Too little of the discussion appears to be devoted to the question of the role that private financing can play in Missouri — or, put another way, how can the laws be changed to allow for more private financing in Missouri? My own preference is for a dramatic expansion of private financing and tolling for projects both big and medium (it does not really work nearly as well for small projects), along with a small increase in the gas tax. But check out the story in the Star and visit the MTAs web site for more details of their work.

More About the Earnings Tax

The 1-percent earnings tax on Kansas City and St. Louis residents and workers has received a lot of press as of late. The Kansas City Star published an article about the “city’s crucial earnings tax.” Christine Harbin recently posted about the earnings tax in Kansas City, pointing out how a land tax would be better than an earnings tax, because it would encourage landowners to utilize their property productively. The St. Louis Post-Dispatch wrote about the earnings tax from another angle, mentioning Show-Me Institute President Rex Sinquefield and the institute’s research on the tax.

The Post-Dispatch editorial used a loaded term, “public safety tax,” to describe the earnings tax, not because it pays for the Metropolitan Police Department — it doesn’t — but because its revenue is coincidentally equal to the Police Department’s budget. This is not the first time the Post-Dispatch has taken a contrary position regarding the earnings tax than Show-Me Institute writers, though it has toned down its rhetoric since August. The new article discusses a need for a replacement tax for the earnings tax revenue, neglecting to mention that the Show-Me Institute has suggested a replacement: the land tax.

Specifically, Show-Me Institute publications have suggested a two-tiered land tax that would impose separate taxes on property and buildings. Land is fixed in quantity, so this would encourage long-term development. In the long run, rescinding the earnings tax could cause the St. Louis city population to double.

Both St. Louis and Kansas City have watched their city populations and businesses stagnate while their suburbs have grown, and the earnings tax is one contributing component that needs to be addressed. Petition proposals have been approved to collect signatures for the St. Louis earnings tax to be reconsidered on the ballot, with the stipulation that a revenue replacement needs to be found. For St. Louis, the land tax makes the most economic sense as that replacement. When an editorial claims that eliminating the earnings tax is infeasible, it’s important to take into account the potential of the land tax to provide a less-distortionary source of revenue and ultimately promote future economic growth.

Dancing with the Feds

John Combest links to a fantastic editorial in the Jefferson City News-Tribune that compares the Race to the Top to a reality or game show. The editorial recognizes how bizarre Race to the Top is: We pay taxes to the federal government, then our state jockeys with other states to bring the money back here. Finally, the fraction of our tax dollars that Missouri wins is used to provide services that should have been in the state’s jurisdiction from the beginning. It would be entertaining if it weren’t such a waste of resources.

The editorial concludes:

The unseemly competition for federal dollars will continue until state and local governments join forces on the principled high ground and refuse to play anymore.

Race to the Top is similar to this year’s Census marketing campaign. The end goal of each is for the federal government to distribute money to the states. The difference is that the Constitution mandates a census, whereas there’s no constitutional justification for a race to the top — or for any other federal interference in education.

If Race to the Top is a show, I’d like Missouri to call a friend; we should call Texas and learn from a state that won’t run for the tax dollars.

The Best News Out of Jeff City in Some Time

It does not get much more exciting than this in government (and I honestly speak here with no hyperbole or sarcasm). The governor’s office has announced plans to eliminate numerous boards and commissions. This is great, for a number of reasons. It will save the state some money, but, more importantly, it will reduce the number of people who have some say — no matter how small — in regulating our lives. Gov. Jay Nixon and the legislative sponsors of this proposal, Sen. Delbert Scott and Reps. Steve Hobbs and J.C. Kuessner, deserve a great deal of credit for doing this. In a small but important way, the freedom of Missourians will take a step forward with this act.

Eliminating the Interior Design Council would mean five fewer people with the potential to direct how we can live and who can be an interior designer, and modifying the Head Injury Advisory Council would reduce by 10 the number of people who have some type of authority to demand that we wear helmets from the moment we wake up until the moment we go to bed. I admit, it may be a small step — but it is a worthy one.

I am so excited about these proposals that, after my son goes to bed tonight (my wife and other son are out of town visiting relatives), I am going to stay in the hot tub for longer than the recommended time period — and I no longer have to give a damn what the state’s Medical and Technical Advisory Committee has to say about it!

Addressing the FairTax Critics … Again

Missourinet reports on the recent back and forth between supporters and detractors of a change in Missouri tax code. The change, proposed by House Joint Resolution 56, would eliminate the current income tax and replace it with a broad 5.11-percent sales tax. Detractors — specifically, the Missouri Budget Project — have claimed that this policy would be disastrous for businesses and consumers alike. To address some of their longstanding concerns, the Show-Me Institute recently released a study written by Dr. Joseph Haslag and I, in which we computed the necessary rate for a broad sales tax to maintain revenue neutrality after replacing the income tax. We then proceeded to demonstrate how this rate would not have the disastrous effects on standard of living and private-sector vitality that critics claim. Our arguments have yet to be fully engaged.

In Missourinet’s piece, Amy Blouin, executive director of the Missouri Budget Project, claimed:

“Childcare … that’s going to be taxed,” said Blouin. “Educational services, tutoring, private K-12 education if your kids are in a private school – a Catholic school – you’re going to pay this on those schools.”

Former Missouri Budget Director Jim Moody echoes Mrs. Blouin’s concerns and worries about the effects of the expansion of the tax base:

“That [includes] hospitals, doctors, everything in medical care,” said Moody. “So you’re going to tax, at 5.11 percent, things you’re not currently taxing – prescription drugs, medical care, hospital visits, nursing homes.”

They’re right. It’s true, all those goods and services will be taxed under the change, along with several others that have historically been exempt from taxation. Unfortunately, Blouin and Moody fail to appreciate that tax changes do not happen in a vacuum. This is a subtle point, but — as we have argued before — although the prices of these newly taxed goods would increase by the sales tax rate, several changes would simultaneously occur elsewhere in the economy to make consumers better off.

To begin with, its important to understand that a change in the tax code implies a change in incentives. People and firms alike respond to these changing incentives in many ways, including altering their supply and demand of goods and services. With that in mind, the claim that the prices on all goods and services would increase by the tax rate is misleading. In the long run, prices would increase at most by the tax rate, but this increase would be dampened by microeconomic changes.

Prices would indeed increase, but consumers would also become richer following the repeal of the income tax, and some of that reclaimed wealth would be used to protect against price increases stemming from the sales tax. Meanwhile, lower corporate and personal income taxes would create strong incentives for the inflow of people and investment funds to the state. In the long run, this translates to higher employment, higher incomes (which shield against price increases), and, ultimately, greater revenues from sales tax receipts.

In the process of presenting her case against the tax change to the state legislature, Blouin has suggested that 95 percent of Missourians would be hurt by HJR 56. It’s difficult to follow her reasoning. It is clear that 100 percent of Missourians would be affected by this policy change, but the claim that 95 percent would be hurt is unsubstantiated by the evidence. In the study I cowrote with Dr. Haslag, we presented a model that we used to compare tax burdens under both the current income tax rate and the proposed sales tax rate. We even used our own computation of the sales tax rate, 5.96 percent, which is higher than that suggested in the bill. We found that the break-even point was $60,000. At this income level, the burden under both tax systems was comparable. Because only 28 percent of Missouri tax filers in 2008 earned incomes higher than $60,000, the 95-percent figure that Blouin cites seems highly suspect. Hopefully, she will clarify her arguments and engage our own.

Real Tort Reform

It appears that the Missouri state Supreme Court may be poised to strike down the $350,000 cap on damages for pain and suffering in medical malpractice lawsuits. I’m fairly certain that some here will disagree with me, but I for one hope the cap is eliminated. From a legal perspective — keeping in mind that I am not a lawyer — the law seems inherently unequal, as it carves out a special exception in tort law for doctors. Furthermore, if doctors have this special exemption, they have less economic incentive to be careful in their work.

On the other hand, not having a cap can encourage too many lawsuits and add to medical cost inflation. However, it is important to keep the costs of excessive lawsuits in perspective. The Congressional Budget Office estimates that the savings for instituting a typical set of tort reforms (including but not limited to a cap on damages) saves 0.5 percent on total medical spending. This is not completely insignificant, but those savings would be totally swamped by a single year’s medical inflation.

There is a way to reform the tort system without giving anyone special privileges. Outside of the United States, most of the developed world uses what is usually referred to as the “loser pays” system, whereby whoever loses the lawsuit must pay both sides’ legal expenses. This system would have the salutary effect of eliminating frivolous lawsuits and lowering total lawsuit expenses. A 2008 Manhattan Institute study found that when compared to countries with the loser pays system (e.g. Britain, Australia, Germany), the United States spends at least twice as much on tort litigation as a percentage of GDP. If Missouri instituted loser pays, we could reap the benefits of lower litigation costs without creating a privileged legal class.

Columbia Shelter Reacts to Urban Chicken Proposal

The Central Missouri Humane Society is alarmed by a proposal to allow urban chickens in Columbia. It anticipates trouble caring for and finding homes for the chickens that would end up in the shelter:

Shelter Relations Coordinator Allison Toth said a chicken was brought in during the summer. The staff named it Tyson, after the food manufacturing company.

[…] It was a small inconvenience until Tyson was finally adopted by board member Ann Korschgen, who owns a farm.

But staff cannot rely on such acts on a regular basis.

The argument that no one should be permitted to keep chickens because a few of them will probably be abandoned is unpersuasive. By that reasoning, the city should ban cats and dogs, too, because some owners leave them at shelters. And, although it’s inconvenient for a shelter to build new coops, the city’s animal population changes over time and shelters need to evolve.

The shelter’s contract for 2010 excludes chickens, and the city is thinking of other ways to deal with abandoned chickens this year — perhaps paying a farmer to take care of them. That means the shelter would have a whole year to prepare for the chickens’ arrival.

And I don’t buy the argument that no one will adopt chickens. When urban chickens are illegal, the shelter has to wait for someone from a farm to take a stray chicken. But if city residents could keep chickens, there would be many more potential chicken owners. Finding homes for abandoned chickens would be easier.

Texas Keeps Out of the Race

In the Race to the Top, Texas is prudently sitting on the sidelines. Texas’ education commissioner explains why it’s not worth it for the state to comply with the Department of Education’s conditions:

“Even if we won the full amount, it would only run our schools for two days, so for that we weren’t going to cede control over our curriculum standards,” Mr. Scott said.

One-time cash awards won’t be very helpful to Race to the Top winners in the long term, as Texas officials can foresee. Nor will the process give reforms a chance to sprint ahead. Race to the Top asks states to make changes on paper that might not affect what goes on in schools at all. For example, to be competitive, states have to remove legislative caps on the number of charter schools that can operate. But they don’t have to approve any new charters. So, states could lift their charter caps, win cash and praise from Arne Duncan, and then turn down all charter proposals for spurious reasons. The states would have more money, but students wouldn’t have any more choices than what they started with.

There’s good reason to be skeptical of Race to the Top demands including abolishing caps on charters. As we’ve seen in Oregon, legislative caps are not always the main barrier to opening a charter. Oregon requires charter proposals to be submitted to school boards. These boards govern the same districts that the proposed charters would compete with, were they approved. Understandably reluctant to admit competitors to their districts, the boards deny charters on weak grounds or force them to resubmit proposals with minute improvements.

The Department of Education can’t correct this problem with a blanket directive to all states. It would have to examine each state’s charter approval process and identify which policies are holding back charter expansion. And it’s the same for other Race to the Top priorities: In some states, laws separating teacher data from student data may rule out merit pay, while for other states, merit pay may be illegal or difficult to implement for unrelated reasons. And so on.

Thus far, Missouri hasn’t shown Texas’ discretion — the state plans to apply for a Race to the Top grant. I hope Race to the Top won’t distract the state from meaningful reforms. Missouri officials should bear in mind that the ultimate goal is to make substantive policy improvements, not to win an award.

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