Sunday, October 22, 2017

Illinois Tax Education Credits - A Trojan Pony?

Illinois Education Tax Credits – A Trojan Pony?

In September this year, I called my Illinois Representative Justin Slaughter to discuss why he had voted yea for SB1947 after he had initially voted nay a short time before.  You might recall that SB1947 was the Educational Funding Bill, which had been vetoed by Governor Rauner for setting aside too much money for assistance to CPS.

The bill, which allowed Chicago to receive significant additional money for CPS as well as provide for increases in property taxes, failed on its first vote as a result of an amendatory addition of a Republican inclusion of a tax-credit program for private schooling – a tax-deductible voucher package.   

The first vote was, as stated before, a failure.  The second ballot, an attempt to override the Governor’s veto was also unsuccessful.  The third vote, a compromise that many Democratic Representatives described as “difficult” passed 73-34.  The Governor was quick to sign it.

Although many pols described the final vote as a compromise, which left everyone with a sense of some regret, they all agreed that the result was the best they could achieve for the most people.  Representative Justin Slaughter explained to me that the vote was extremely difficult for him.  He told me that he had to weigh the positives over the negatives: the increased funding formula for all schools, the freeing up of a budget that had curtailed the state’s operations for the last few years, and the needs of students and citizens across our state.  As "difficult as it was, I voted finally to accept it for the positives it brought, even though the educational tax credits were the reason I said no to begin with."

A close friend of mine who has worked politically in Springfield for decades called the entire dance of voting nay and then yea a politically inspired Madigan charade.  Just enough twists and turns of soulful and hand-wringing compromise to provide Representatives like those who changed their votes some cover for the next election.  That’s not necessarily cynicism; it is experience.

Meanwhile, the Illinois Policy Institute, the right-wing organization from which Rauner recruits and then fires his new, administrative team, declares the Governor victorious in getting a “voucher system” sanctioned as a part of the state code.

So, what exactly do we have in Illinois with Education Tax Credits or “Scholarship Tax Credits” as known in the other 18 states that use them?

In 2018, the State of Illinois will allow anyone (corporation or individual) with a payable state tax to apply that amount to a specific school or subset of schools (think parochial system kindergarten – high school) at a 75% rate of owed tax.  For example, my very wealthy friend Ernesto will owe $5000 in state taxes.  If he decides to provide all of that payment for his favorite private Academy, $3750 will go to his chosen school.   And, he will pay the state of Illinois the lesser amount of $1250 in tax responsibility.

When my pal Ernesto stopped by the other day, he was ecstatic.  He plans instead to pay the total $5000 to his favorite Academy and an additional  $1250 out of pocket to the same Academy.  “Is that legal?” I asked.  “Why not try it,” he replied, smiling.  “Besides. He offered, “I can get a federal deduction on the $1250.”  I reminded Ernesto that much of this is still in the air, and a non-political scholarship granting organization is charged with making heads or tails of this new system.  He gave me that “What, me worry?” smile.     

The Illinois Policy Institute declares Illinois as one of eight other states that have provided for tax credit scholarships, although there are now 18.  And in each case, the successes (political and otherwise) have led to more states following suit.   In Illinois, Republicans wanted a dollar-for-dollar exchange for those who would pay their state income tax to specific schools or programs (but not individuals).  That is the state tax credit program in Florida.  In the end, Illinois Democrats stood strongly against this and Republicans finally compromised for the 75%.

Hang on, here’s the math:

An individual (like Bruce Rauner) or corporation can give up to $1 million from state taxes each year. 

The total amount the State of Illinois can take from this arrangement for the whole state stops at $75 million.  The bill will be reviewed in 5 years, as that is its sunset moment.

Because that $75 million represents ¾ of the tax liability, the private schools can receive $100 million in “vouchers” specific to their schools/students.  This is money that will not reach the state coffers for services like public education, health care and safety.  Because it does not come "directly" from the public coffers, and it instead diverts money on its way to the general revenue, tax credits do not fall into the federal Blaine Amendment rule preventing public funds for private schooling.  

Recipients of such scholarships awards can come from households which earn 300% of the federal poverty level ($24,600) OR $73,800.   Once a student enters the program, the threshold is raised to 400% - or, $98,000.  This is not the “lower class families in Illinois. 

If we are considering a “voucher system” to assist the lowest income students to enroll in a suitable educational system, we are looking at a price of (on average) $13,000 per voucher.  This includes the price of tuition, books, fees, transportation, etc.  This will cover less than 6000 students.

How are the EdChoice and other Voucher Proponents Reacting?

Lukewarm but hopeful.  EDChoice leader Jason Bedrick felt that this sudden change in the hearts and political position of Democrats represented the great strength of Governor Rauner in drawing the line in the sand to refuse cooperation with their budget demands over the last few years. The Illinois Policy Institute agreed.  Bedrick also described the most any student might receive at $13,000; but, he also suggested strongly that students would probably number somewhere between 5000 to 20,000 students.  That range is between  $15,000 and $3750. 

Because no state in their memory has every reduced or dropped such programs, Bedrick looks forward to a probable increase in the program in the State of Illinois. In five years, he foresees $75 Million becoming $150M, $250M, and onward.  

On the other hand…Strings Attached

Part of the bargain struck between Democrats and Republicans in the arrangement for a “tax-credit voucher system,” was to force those private schools who accept such funding to administer annual state tests to those students who are participating in their credit programs.  In the past, this contingency has caused nearly 50% of private schools to retreat from accepting such students on the national level. 

As Ernesto has always made clear to me.  “Our private schools are not like yours at all.  We are better to begin with and demand more, so why should we submit to your measurements?”

Some accountability?

When arguing against any accountability, leaders in the “voucher/choice” present slippery opposition.  EdChoice leader Bedrick contends, “Why should we have to follow requirements. If parents want something different, it doesn’t’ make sense to use the same type of test as public schools…”  In fact, according to Pew Reports, when a state asks for a standardized test requirement on the state level, private schools opt out at nearly 50%.  Most of them, like leader Jeff Murray of School Choice Ohio state: ‘There’s better ways to track accountability,” another common position from Private School leaders.  

Pew and ALCU express positions that most money in tax-credit programs goes instead to those who are already well off.  ALCU describes most who access these scholarships" as financing extra fees and activities costs.  There's also the more duplicitous argument by such proponents as well: like the discomfort expressed by Principal Tom Otten of Elder High School in Cincinnati, Ohio.  “Students (who come to us) from academically deficient schools will struggle worse than ordinary students.”    

The state of Illinois has also thrown another “poison pill” at those who would have us hit-and-run public educational schools.  The amounts of money given to those seeking vouchers in Illinois will also be determined by how low the family resides on the poverty level.  If your family is at 185% of the federal poverty level ($45,110), you can receive the full STC amount ($13,000).

From there, the available scholarship money reduces to 75% for those with income up to $61,500.  And $51% for any family over that $61,500.

Another serious string attached is the requirement that the State of Illinois, in conjunction with these private schools that plan to agree to the terms of the law, will keep records and data of how students perform on state tests, what money has been spent on those who have participated, and expenses for each student. 

If past is prologue, this will give many private schools, academies and parochial systems serious pause.

And in five years, Representative Justin Slaughter will have another chance to look at this bill and whether or not to suspend the continued undermining of public education or play the charade once again.

  



 






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