NO.

372A14

TENTH JUDICIAL DISTRICT

NORTH CAROLINA SUPREME COURT

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)
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HART, ET AL.,
)
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Plaintiffs-Appellees,
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v.
)
)
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From Wake County
STATE OF NORTH CAROLINA,
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No. 13-CVS-16771
ET AL.
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Defendant-Appellants,
)
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CYNTHIA PERRY, GENNELL
)
CURRY,
)
THOM TILLIS, AND PHIL
)
BERGER,
)
)
Intervenor-Defendants)
Appellants.
)
)

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BRIEF OF AMICI CURIAE EDUCATION SCHOLARS

**************************************

INDEX
TABLE OF AUTHORITIES

ii

IDENTITY AND INTERESTS OF AMICI.

SUMMARY OF ARGUMENT:......

ARGUMENT

I.

Research reveals that neither private schools in general, nor

voucher programs, produce better educational outcomes for
students .............................
a. When student demographics are taken into account, public
school students achieve at higher levels than private school
students....................................
b. Research studies of existing voucher programs shows that
students using vouchers do not achieve comparatively better
academic outcomes than students who remain in public
school...
i.
ii.
iii.
iv.

Milwaukee.
Cleveland..
District of Columbia.
Conclusion

7
8
10
11
12

II.

As compared to other jurisdictions in which students can use a

publicly-funded voucher to attend a private school, North Carolina
has the weakest regulation of its private schools.. 13

III.

Private schools in North Carolina authorized to accept vouchers are

primarily religious schools, without accreditation, without certified
teachers, and without a curriculum that parallels the state
22
standards

CONCLUSION... 27
CERTIFICATE OF SERVICE .............. 28

APPENDIX:
I. ACCOUNTABILITY CHART FOR VOUCHER
JURISDICTIONS...
II.

III.

CHARACTERISTICS OF NORTH CAROLINA PRIVATE

SCHOOLS

OPPORTUNITY SCHOLARSHIP PROGRAM FUNDS

DISBURSED BY SCHOOLS.

22

TABLE OF AUTHORITIES

Statutes
20 U.S.C. 7801(11) 20
Ariz. Rev. Stat. 15-802(G)(3) App. 1
Ariz. Rev. Stat. 15-2401 19
Ariz. Rev. Stat. 15-2401(5) 20
Ariz. Rev. Stat. 15-2402 20
Ariz. Rev. Stat. 15-2402(B)(1).. App. 1
D.C. Code 38-202(a), (b), (d) App. 1
D.C. Code 38-1853.07(a)(4)(C). 21
D.C. Code 38-1853.07(a)(4)(F) 21, App. 1
D.C. Code 38-1853.08(a) 21
D.C. Code 38-1853.08(h) App. 1
D.C. Code 38-1853.09

21

511 Ind. Admin. Code 6.1-6-1(a) App. 1

511 Ind. Admin. Code 6.1-1-4(1)(B) App. 1
Ind. Code. 20-51-1-6(a)(3) 16, App. 1
Ind. Code. 20-51-1-4.7(5) 16, App. 1

- ii -

Ind. Code 20-51-3-6 16

Ind. Code. 20-51-4-1(f)(5)-(9)

16, App. 1

Ind. Code 20-51-4-3 16

Ind. Code. 20-51-4-9..

16

La. Rev. Stat. Ann. 17:11 18, App. 1

La. Rev. Stat. Ann. 17:236(A)

App. 1

La. Rev. Stat. Ann. 17:4013(2) 18

La. Rev. Stat. Ann. 17:4021.. App. 1
La. Rev. Stat. Ann. 17:4021(A)(1). App. 1
La. Rev. Stat. Ann. 17:4021(B) 18
La. Rev. Stat. Ann. 17:4023.. App.
La. Rev. Stat. Ann. 17:4024.. 18
Me. Rev. Stat. Ann. tit. 20-A 2901 19, App. 1
Me. Rev. Stat. Ann. tit. 20-A 2902 19, App. 1
Me. Rev. Stat. Ann. tit. 20-A 2951-2955 19
Me. Rev. Stat. Ann. tit. 20-A 5001-A(3)(A)(1) App. 1
Me. Rev. Stat. Ann. tit. 20-A 5203(1).. 19
Me. Rev. Stat. Ann. tit. 20-A 5204(1).. 19

- iii -

Me. Rev. Stat. Ann. tit. 20-A 13003(1)(B) App. 1

N.C.G.S. 115C-547 15
N.C.G.S. 115C-547-554.. 21
N.C.G.S. 115C-549 15, 22
N.C.G.S. 115C-550 22
N.C.G.S. 115C-555 15
N.C.G.S. 115C-555-562.. 21
N.C.G.S. . 115C-557 15, 22
N.C.G.S. 115C-558 22
N.C.G.S. 115C-562.2 15, 22
N.C.G.S. 115C-562.5(a)(4) 15
Ohio Admin. Code 3301-35-05 17, App. 1
Ohio Admin Code 3301-35-12 17
Ohio Rev. Code Ann. 3301.0710.. 18, App. 1
Ohio Rev. Code Ann. 3301.0711.. 17
Ohio Rev. Code Ann. 3301.0711(k)(1)(a) App. 1
Ohio Rev. Code Ann. 3310.02(A). 17, App. 1
Ohio Rev. Code Ann. 3310.33(a)(1). 17

- iv -

Ohio Rev. Code Ann. 3313.02(A). 17

Ohio Rev. Code Ann. 3313.60... 18, App. 1
Ohio Rev. Code Ann. 3313.612. 18, App. 1
Ohio Rev. Code Ann. 3313.624. 18, App. 1
Ohio Rev. Code Ann. 3313.976(A)(11). 17, App. 1
Ohio Rev. Code Ann. 3319 17, App. 1
Ohio Rev. Code Ann. 3321.07.. App. 1
7-1 Vt. Code R. 3:224.1... App. 1
7-1 Vt. Code R. 3:2226.10... App. 1
Vt. Stat. Ann. tit. 16, 166(b) & (g) App. 1
Vt. Stat. Ann. tit. 16, 821-836. 19
Vt. Stat. Ann. tit. 16, 828.. App. 1
Vt. Stat. Ann. tit. 16, 906.. App. 1
Wis. Stat. Ann. 118.60(2)(a)(6)... 20, App. 1
Wis. Stat. Ann. 118.60(2)(a)(7)..

App. 1

Wis. Stat. Ann. 118.60(2)(a)(8). App. 1

Wis. Stat. Ann. 118.60(7)(e).. App. 1
Wis. Stat. Ann. 118.165(d) App. 1

-v-

Wis. Stat. Ann. 119.23 20

Wis. Stat. Ann. 119.23(2)(a)(6)..

20, App. 1

Wis. Stat. Ann. 119.23(2)(a)(7)..

20, App. 1

Wis. Stat. Ann. 119.23(7)(e).. App. 1

Wis. Stat. Ann. 119.23(10)(a)(5). 20
Other Authorities
Cecilia Rouse, Private School Vouchers and Student
Achievement: An Evaluation of the Milwaukee Parental Choice
Program (Natl Bureau of Econ. Research, Inc., Working Paper
No. 5964,
1997). 8
Ctr. on Educ. Policy, Are Private High Schools Better
Academically Than Public High Schools? (Oct.
2007).

Christopher Lubienski & Sarah Lubienski, The Public School

Advantage: Why Public Schools Outperform Private Schools
(Univ. of Chicago Press,
2014) 6
Clive Belfield, The Evidence on Education Vouchers: An
Application to the Cleveland Scholarship and Tutoring
Program, Natl Ctr. for the Study of Privatization in Educ.,
Teachers Coll., Columbia Univ. (2006), available at
http://www.ncspe.org/readrel.php?set=pub&cat=127.. 11
Erin Richards & Kevin Crowe, Voucher Students Post Gain in
Math, Reading; Still Lag Public Schools, MILWAUKEE-

- vi -

(Apr. 8, 2014),
http://www.jsonline.com/news/education/voucher-studentspost-gain-in-math-reading-still-lag-public-schoolsb99243092z1-254382141.html

Jay P. Green, et al., Effectiveness of School Choice, The

Milwaukee Experiment, Vol. 31, No. 2 Educ. and Urban
Society (1999)

WISCONSIN JOURNAL SENTINEL

John F. Witte, Achievement Effect of the Milwaukee Voucher

Program, Univ. of Wisconsin-Madison (1997) available at
http://www.disc.wisc.edu/archive/choice/aea97.html.. 8
Kim K. Metcalf, et al., Evaluation of the Cleveland Scholarship
and Tutoring Program: Student Characteristics and Academic
Achievement, Indiana Univ. Sch. of Educ.
(2003) 10, 11
Molly Beck, State paid $139 million to schools terminated from
voucher program since 2004, WISCONSIN STATE JOURNAL (Oct.
12, 2014),
http://host.madison.com/wsj/news/local/education/local_school
s/state-paid-million-to-schools-terminated-from-voucherprogram-since/article_d4277f72-51ca-5da3-b63ddf2a7834569b.html... 20
N.C. Directory of Non-Pub. Schs., Conventional Schs. Ed.,
http://www.ncdnpe.org/hhh118.aspx 22, 26
News Release, Wis. Dept of Pub. Instruction, Fourth Year of
Choice Sch. Data (Apr. 8, 2014)........................... 9
Patrick J. Wolf, et al., School Vouchers in the Nations Capital,
School Choice and School Improvement, Harvard Educ. Press
(2011).... 12
State Regulation of Private Schools, U.S. Dept. of Educ.

- vii -

(2009)............................................................................ 21

The Comprehensive Longitudinal Evaluation of the Milwaukee

Parental Choice Program: Summary of Final Reports, Univ. of
Ark., Dept of Educ. Reform (Feb. 2012), available at
http://www.uaedreform.org/milwaukee-parental-choiceprogram-evaluation/. 9

NO. 372A14

TENTH JUDICIAL DISTRICT

NORTH CAROLINA SUPREME COURT

********************************************************

HART, ET AL.,
Plaintiffs-Appellees,
v.

STATE OF NORTH CAROLINA,

ET AL.
Defendant-Appellants,
CYNTHIA PERRY, GENNELL
CURRY,
THOM TILLIS, AND PHIL
BERGER,
Intervenor-DefendantsAppellants.

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From Wake County

No. 13-CVS-16771

**********************************
BRIEF OF AMICI CURIAE EDUCATION SCHOLARS
********************************

-2Identity and Interests of Amici

Amici are university scholars and academics who have significant expertise
in the area of education policy, economics, and law. All are knowledgeable about
and committed to the education of the children of North Carolina, and all have
grave concerns about the voucher program at issue. Amici offer this brief to
present an evidence-based perspective that will assist the Court as it analyzes
whether the use of tax dollars to fund private school vouchers meets the relevant
constitutional standards.
The following are before the Court as amici in this matter:
Helen F. Ladd, Ph.D., Professor of Public Policy and Economics at Duke
University who studies educational policy and has researched school
voucher programs;
William A. Darity, Jr., Ph.D., Professor of Public Policy, African and
African American Studies, and Economics at Duke University whose
research interests include education and the achievement gap;
Roslyn Arlin Mickelson, Ph.D. Professor of Sociology and Public Policy at
the University of North Carolina at Charlotte who researches and studies
educational policy and inequality in education;
Charles T. Clotfelter, Ph.D, Professor of Public Policy, Economics, and Law
at Duke University whose research includes the economics of education and

-3education policy;
Sherick Hughes, Ph.D., Professor of Education at The University of North
Carolina at Chapel Hill who studies education policy, especially as it affects
marginalized youth;
Jenni Owen, M.P.A., Director of Policy Initiatives at the Duke University
Center for Child and Family Policy and Instructor at Duke University who
focuses on enhancing the use of research to inform policy and practice for
positive impact on disadvantaged and vulnerable children and families; and

The Childrens Law Clinic, a clinical education program at Duke Law

School that engages in individual and group representation of low income
children in cases involving their education.

Summary of Argument
In this Brief, Amici provide the Court with relevant research and data to
assist the Court in understanding the educational, economic, and legal background
of the voucher program at issue. Three main points are made:
First, contrary to representations made by voucher advocates, students
attending private schools with taxpayer funded vouchers do not have better
academic outcomes than students in public schools. Research studies from across
the country and over many years have consistently failed to find any academic or

-4educational advantage to students enrolled in choice programs. In particular, the

studies done that take into account family and other demographic characteristics
show that students in public school achieve better results than do students in
private school. While it is possible to cherry-pick a few studies that show
occasional modest benefits to students using vouchers typically those done by
advocacy groups rather than independent scholars the overwhelming thrust of the
evidence is that voucher program do not foster academic gains for children.
Second, as compared to other U.S. jurisdictions with similar voucher
programs, North Carolina has the weakest system of accountability for the schools
that are eligible to enroll voucher students. Indeed, it is fair to say that North
Carolina has virtually no accountability system whatsoever. With only a few
qualifications, all the other jurisdictions require state approval or accreditation, a
specified curriculum, teacher qualifications, minimum days and hours of
instructions, and assessments allowing for objective evaluation and comparisons.
Because North Carolina imposes none of these requirements on the vouchereligible schools, the taxpayers of North Carolina have no mechanism by which to
judge whether the money is spent wisely or produces the impacts intended.
Third, as a result of the characteristics of private schools in North Carolina,
nearly all vouchers have been, and can be expected to continue to be, distributed to
children attending religious schools. Religious schools are the least likely to

-5voluntarily employ certified teachers, enroll a diverse student body, or follow the
states curricular standards. The data presented also show an appreciable number
of extremely small schools enrolling voucher recipients. When viewed in light of
the sparse oversight of private schools, the enrollment of students in extremely
small schools creates even more significant concerns about the use of taxpayer
dollars.
Argument
I.

Research reveals that neither private schools in general, nor

voucher programs, produce better educational outcomes for
students.

The arguments raised by the Defendant-Intervenor Parents are consistently

based on the assumption that the voucher program makes available opportunities
for low-income children to leave failing public schools to attend private schools
where they will be better educated. Strong objective academic research reveals,
however, that the assumption is simply false. Taken together, the research
resoundingly rebukes the theory that providing vouchers to poor children gives
them the escape valve they need to attend better schools and receive a better
education. Overall, differences between the educational outcomes of students
using vouchers and students educated in public schools are nonexistent.

-6a. When student demographics are taken into account, public school
students achieve at higher levels than private school students.
On the whole, students in public schools outscore students of similar
demographics who attend private schools. In their 2014 book, The Public School
Advantage: Why Public Schools Outperform Private Schools (Univ. of Chicago
Press), University of Illinois professors Christopher Lubienski and Sarah Lubienski
present their analysis of data from the well-respected National Assessment of
Educational Progress (NAEP). Acknowledging in the introduction that both came
to the study accepting the common wisdom and research consensus that private
schools produce superior academic achievement, the authors concluded, after
meticulous research, that public schools across the country attained higher levels of
mathematics performance1 than demographically comparable private and charter
schools. Id. at xvii. Because of the depth of the NAEP data, the researchers were
able to account for student influences at both the home and school level and
thereby compare apples to apples when examining student achievement in
various types of schools. Id. at 63. Therefore, they were able to carefully isolate
school effects from family background factors, allowing them to identify the
contribution of the school to the achievement results. When doing so, for both 4 th
and 8th grades in schools throughout the United States, the researchers found that
1

The authors studied the math results because, they say, math is thought to be a better indicator of what is taught
by schools than, say, reading, which is often more influenced directly and indirectly by experiences in the home.
Lubienski & Lubienski at xvii.

-7public school results were superior to private school results. Id. at 78. They
conclude, After adjusting for demographic differences no charter or private school
means are higher than public school means to any statistically significant degree.
Id. at 80.
Essentially the same results were obtained in a similar, older research study.
See Ctr. on Educ. Policy, Are Private High Schools Better Academically Than
Public High Schools? (Oct. 2007). The study found that low-income students from
urban public high schools generally did as well academically and on long-term
indicators as their peers from private high schools, when key family background
characteristics were considered. There was no advantage of private school in the
areas of achievement tests, college attendance, job satisfaction at age 26, or civic
engagement at age 26. Id. at 2. As with the Lubienski study, the researchers could
attribute essentially all of the private school advantage to family background
characteristics rather than any advantage offered by a private school.
b. Research studies of existing voucher programs show that students using
vouchers do not achieve comparatively better academic outcomes than
students who remain in public school.
Apart from looking at private school results in general, researchers have
evaluated a number of the voucher programs around the country. Among the most
important questions asked by researchers is whether the expenditure of public
money to pay tuition to private schools improves the educational outcomes for the

-8children participating in the voucher program. Based on the research as a whole,

the short answer is no. Overall, the data show that private schools accepting
publicly-funded vouchers do no better than public schools in producing sustained
academic improvements for the children using vouchers. Results of the various
studies are described below.
i. Milwaukee
The countrys longest-standing voucher program is in Milwaukee. Multiple
studies have been done on the Milwaukee Parental Choice program, which began
in 1990. Two early studies came up with conflicting results, with one finding
some positive student outcomes among the students using vouchers, and the other
finding no impact at all. See Jay P. Green, et al., Effectiveness of School Choice,
The Milwaukee Experiment, Vol. 31, No. 2 Educ. and Urban Society (1999) and
John F. Witte, Achievement Effect of the Milwaukee Voucher Program, Univ. of
Wisconsin-Madison (1997) available at
http://www.disc.wisc.edu/archive/choice/aea97. A third study showed a very
modest positive effect on math scores for voucher recipients, but no effect on
reading scores. See Cecilia Rouse, Private School Vouchers and Student
Achievement: An Evaluation of the Milwaukee Parental Choice Program (Natl
Bureau of Econ. Research, Inc., Working Paper No. 5964, 1997). Fifteen years
later, in a comprehensive review of the Milwaukee Parental Choice Program,

-9researchers saw no consistent positive academic outcomes for voucher students in

any subject area. For example, two carefully matched groups of students, one who
remained in the public schools (MPS students) and one who participated in the
voucher programs (MPCP students), had virtually identical scores on achievement
tests. As the study authors state, This study found no significant differences in
achievement growth between MPCP and MPS students, one, two, and three years
after they had been carefully matched at baseline. See The Comprehensive
Longitudinal Evaluation of the Milwaukee Parental Choice Program: Summary of
Final Reports, Univ. of Ark., Dept of Educ. Reform (Feb. 2012), available at
http://www.uaedreform.org/milwaukee-parental-choice-program-evaluation/.
Recent data reported by the Wisconsin Department of Public Instruction
show no benefit to current students in the choice programs. Based on score reports
for the 2013-14 school year the fourth year in which the voucher students have
been required to take the very same tests as the public school students data show
the public school students to be achieving at higher academic levels across the
board. See News Release, Wis. Dept of Pub. Instruction, Fourth Year of Choice
Sch. Data, (Apr. 8, 2014) (hereinafter News Release)
http://news.dpi.wi.gov/sites/default/files/imce/eis/pdf/dpinr2014_48.pdf; Erin
Richards & Kevin Crowe, Voucher Students Post Gain in Math, Reading; Still Lag
Public Schools, Milwaukee-Wisconsin Journal Sentinel (Apr. 8, 2014),

- 10 http://www.jsonline.com/news/education/voucher-students-post-gain-in-mathreading-still-lag-public-schools-b99243092z1-254382141.html. Of the students in

the Milwaukee Parental Choice Program (MPCP), about 16 percent of students
were proficient in math, while 12 percent of students were proficient in reading.
See, id.; News Release. This compares with a proficiency rate of 19 percent in
math and 15 percent in reading for public school students. Id.
This trend also exists for students in the Racine Public School (RPS) system
and students in the Racine Parental Choice Program (RPCP) in 2013-14. Public
school students outperformed the choice students in the RPCP in both
mathematics and reading. Id. In mathematics, 28 percent of RPS students were
proficient compared to only 21 percent of the voucher students. In reading, 22
percent of RPS students were proficient compared to 20 percent of voucher
students. Id.
ii. Cleveland
The voucher program in Cleveland, Ohio has been in effect since 1996. It
began with just under 2,000 low-income students, who were given up to $2,250 to
apply toward private school tuition. The program has grown in size and amount
since then. Several studies have been conducted on the Cleveland voucher
program. A four-year study of achievement outcomes for students who used
vouchers showed they gained no advantage. Kim K. Metcalf, et al., Evaluation of

- 11 the Cleveland Scholarship and Tutoring Program: Student Characteristics and

Academic Achievement, Indiana Univ. Sch. of Educ. (2003). The authors stated,
In general, there are no clear patterns associated with improved or diminished
achievement for students who use a scholarship to attend private schools after the
scores are adjusted for students minority status and estimated family income. The
adjusted achievement of scholarship students was roughly similar to that of
students who enrolled in public schools at the beginning of first grade, and it
remained statistically similar throughout the four years during which the data are
reported. Id. at 110. A second study confirmed that across multiple grades in
multiple subjects, voucher students showed no academic gains as compared to
comparison groups who remained in public school. In some groups, the students
suffered an academic penalty by attending private school. See Clive Belfield, The
Evidence on Education Vouchers: An Application to the Cleveland Scholarship
and Tutoring Program, Natl Ctr. for the Study of Privatization in Educ., Teachers
Coll., Columbia Univ. (2006), available at
http://www.ncspe.org/readrel.php?set=pub&cat=127.
iii. District of Columbia
The voucher program in the District of Columbia has been studied as well.
One study showed a very small positive impact in the reading scores of some
voucher recipients, but no effect on math scores. Even the positive reading scores

- 12 were not found across the board. There was no positive impact on students
transferring from a school classified as needing improvement, no positive impact
on students who started with scores in the lower one-third of the group, and no
positive impact on boys. See Patrick J. Wolf, et al., School Vouchers in the
Nations Capital, School Choice and School Improvement, Harvard Educ. Press
(2011).
iv. Conclusion
It is perhaps not surprising that the outcomes of public school students and
private school students using vouchers would be quite similar. In the jurisdictions
studied, the difference between private and public schools is not profound, given
that the private schools are regulated to make them essentially equivalent to public
schools in terms of quality. See Section II, infra. In North Carolina, however,
because of the limited regulation of private schools, there is a distinct possibility
that the private schools chosen by voucher recipients may be of lesser, even
dramatically lesser, quality than the public schools and will deliver inferior results.
Making meaningful comparisons of student achievement will be virtually
impossible in North Carolina, however, because the state does not require private
schools to use the same testing instruments that are used in public schools. Thus,
no valid comparative data will be available for researchers.

- 13 II.

As compared to other jurisdictions in which students can use a

publicly-funded voucher to attend a private school, North Carolina
has the weakest regulation of its private schools.
North Carolinas law governing private schools provides particularly weak

oversight when compared to other states with voucher programs. The following
table summarizes the oversight mechanisms used by jurisdictions with state-wide
or city-wide voucher programs similar to North Carolinas2:

The programs chosen for comparison are programs available to the general student population, rather than to
students with special needs, and do not include tax-credit programs.

- 14 -

Jurisdiction

Arizona

Requirements for nonpublic schools participating

in school voucher/scholarship program
State
State
Required
Required
Approval or Required
Teacher
ParticipaAccredita- Curriculum Qualification
tion
tions
in State
required
Testing
Program

Requires
same
number of
days/hours
as public
schools

Cleveland
D.C.

Indiana
Louisiana
Maine

Milwaukee
North
Carolina
Ohio

Vermont
Wisconsin

The statutory and regulatory citations for each of the requirements represented here are provided in the Appendix.
See App. 1(created by counsel for Amici).
4
Any student with a voucher must be educated in reading, grammar, math, social studies and science.
5
Instructional days and hours must be approved by D.C. Board but the regulations do not specify the numbers.
6
If 60% of students are publicly funded, school must participate in the state testing program.
7
For all high schools and for any school in which 65% of students are getting vouchers.

- 15 North Carolina has the fewest mechanisms of any jurisdiction to assure that
the private schools authorized to accept vouchers are providing quality education.
With the exception of Arizona, all the other states and cities with voucher
programs require that private schools be accredited by either an outside agency or
meet certain standards set by the state and administered through the department of
education.8 Similarly, all the other states and cities with voucher programs,
including Arizona, require that the voucher-eligible schools offer a curriculum that
meets specified state or local standards and require a minimum number of hours
and days of instruction.9 All other states and cities require that students be tested
using the same tests that are used for public school students thus allowing for
apples-to-apples comparison of achievement -- and most require that aggregated
test data be made public.10 Several have systems that withdraw voucher eligibility
from schools that cannot demonstrate acceptable educational results.11 North
Carolina, however, requires none of these oversight mechanisms. See N.C.G.S.
115C-562.1 et seq.; 115C-547 et seq.; 115C-555 et seq. Thus, as compared to

These states are Indiana, Ohio, Louisiana, Wisconsin, Maine, and Vermont. The cities are Milwaukee, Racine
(Wis.), Cleveland, and the District of Columbia.
9
These states are Arizona, Indiana, Ohio, Louisiana, Wisconsin, Maine, and Vermont. The cities are Milwaukee,
Racine (Wis.), Cleveland, and the District of Columbia.
10
While North Carolina requires some testing of private school students, the test results need not be made public
unless the school enrolls more than 25 voucher students. N.C.G.S. 115C-562.5(c). Otherwise, the test data must
be submitted to the State Education Assistance Authority annually, but is not a public record. N.C.G.S. 115C562.5(a)(4). Test data must be retained for one year by the school itself and made available for inspection by an
authorized representative of North Carolina. N.C.G.S. 115C-549, 115C-557. Maine and Ohio require the same
testing only when a certain number of students enrolled receive vouchers or, for Ohio, when students are in high
school.
11
Wisconsin, Indiana, Ohio.

- 16 other jurisdictions with vouchers, North Carolina is a distinct outlier in failing to

adopt a mechanism that holds participating private schools accountable to the
public.
Following is a summary of the laws in other jurisdictions that have voucher
programs:
Indiana: The Indiana Choice Scholarship Program is the countrys largest
state-wide voucher program. Vouchers are available to students in families whose
income is less than 150 percent of the guideline for free and reduced price lunches
in the public school system. Schools accepting vouchers must be accredited
through either a state process or through a recognized regional accrediting agency.
Ind. Code. 20-51-1-6(a)(3). They must teach subjects that are prescribed by the
state of Indiana. Id. 20-51-4-1(f)(9). In addition, schools must participate in the
Indiana Statewide Testing for Educational Progress program. Id. 20-51-1-4.7(5).
Schools that have three years of inadequate scores are prohibited from participating
in the Choice Scholarship program. Id. 20-51-4-9. Indiana schools enrolling
voucher students may not discriminate on the basis of race, color, or national
origin. Id. 20-51-4-3. All scholarship granting organizations must procure an
annual independent financial audit, which is publicly available. Id. 20-51-3-6.
Ohio: Ohio operates the Educational Choice Scholarship Program for
students outside of the Cleveland area; Cleveland administers the Cleveland

- 17 Scholarship and Tutoring Program. In both programs, eligible students are those
currently attending a low-performing public school or incoming kindergarteners or
new students who would be assigned to a low-performing school. Ohio Rev. Code
Ann. 3310.33(a)(1). If the familys income is less than 200% of the federal
poverty guidelines, the school accepting the voucher may not charge tuition
beyond the scholarship amount. Id. 3313.02(A).
Private schools eligible to participate in the Educational Choice Scholarship
program or the Cleveland Scholarship program must be a chartered non-public
school.12 Id. 3310.02(A). Chartered non-public schools are extensively
regulated. They must be accredited through a regional agency or through an
equivalent path. Ohio Admin. Code 3301-35-12. Teachers must be credentialed
according to state standards. Ohio Rev. Code Ann. 3319; Ohio Admin. Code
3301-35-05. In the Cleveland program, all participating students must take the
same assessments as public school students take. Ohio Rev. Code Ann.
3313.976(A)(11). In the Ohio program, if 65 percent of the enrollment consists of
students participating in the state scholarship program, the school must participate
in the full statewide assessment program and report the data publicly. Ohio Rev.
Code Ann. 3301.0711. All non-public chartered high schools that accept

12

Chartered non-public schools in Ohio are not the same as charter schools. Ohio uses different terminology than
most states. The type of school that is known in most states as a charter school in most states is called a
community school in Ohio. Chartered non-public schools are private schools that have a special status gained by
conforming to a set of standards prescribed by the state.

- 18 vouchers must participate in the state assessments and are prohibited from
awarding diplomas to students who have not scored at a specified level. Id.
3313.612, 3313.624, 3301.0710. The state dictates the curriculum for chartered
non-public schools. Id. 3313.60.
Louisiana: Louisianas Student Scholarships for Educational Excellence is
open to low-income students in certain geographic areas who would otherwise be
assigned to a low-performing public school. La. Rev. Stat. Ann. 17:4013(2).
Participating private schools must be approved by the State Board of Elementary
and Secondary Education; approval is contingent upon a showing that the school
offers a curriculum that is of quality at least equal in quality to that prescribed for
similar public schools. Id. 17:11, 17:4021(B). Schools must submit a financial
audit to the state; schools are prohibited from racial discrimination. Id.
Participating private schools must administer the state tests, or approved alternate
tests, to all scholarship students, and the aggregate scores must be reported to the
department of education. Id. 17:4024.
Maine: Maine operates a program that is similar to a voucher program
through which certain students attend private schools with public funds. The
Town Tuitioning Program, which has been in effect since the 1800s, requires
municipalities to either offer public school to its school-aged children or pay their

- 19 tuition at private schools.13 Me. Rev. Stat. Ann. tit. 20-A, 5203 (1), 5204 (1).
The private schools that participate must be either accredited by the regional
accrediting agency or must meet an alternate set of requirements regarding
curriculum, teacher qualifications, and other standards. Id. tit. 20, 2901, 2902.
A private school eligible to accept public tuition payments must be non-sectarian
and must participate in the statewide assessment system if it enrolls more than 60%
or more publicly-funded students. Eligible schools must file reports as required by
the State Commissioner of Education, and are subject to an audit as required by the
State Commissioner of Education. Id. 295155.
Vermont: Like Maine, Vermont has a Town Tuitioning Program that
allows Vermont students to attend independent schools with tuition paid by their
school districts when the district does not offer public schooling. Independent
schools are extensively regulated by the state and must be approved to receive
publicly-funded tuition. Vt. Stat. Ann. tit. 16, 82136. They must offer a stateprescribed curriculum, meet certain financial standards, hire only qualified faculty,
and offer specified physical facilities. Id. In addition, they must follow antidiscrimination laws. Vt. Stat. Ann. tit. 9, 4502.
Arizona: Arizona offers the Empowerment Scholarship Program for
students assigned to underperforming schools. Ariz. Rev. Stat. 15-2401.
13

Due to the sparse population in some areas in Maine, some municipalities do not offer public schools for all grade
levels.

- 20 Schools that accept voucher students must educate them in reading, grammar,
math, social studies and science. Id. 15-2402. Otherwise, Arizona does not have
quality control measures for its private schools and does not require testing for
voucher recipients, although it does require that private schools be in session the
same number of days and hours as public schools. Id. 15-802B.1. Private schools
that accept vouchers may not discriminate on the basis of race, color, or national
origin. Id. 15-2401(5).
Wisconsin: Two municipalities in Wisconsin, Milwaukee and Racine, along
with the state as a whole, have voucher programs, known as Parental Choice
programs. Wis. Stat. Ann. 119.23. In all those jurisdictions, low-income students
may attend private schools with a publicly-funded voucher. Schools eligible to
receive vouchers must be accredited by an independent accrediting agency. Id.
119.23(2)(a)(7). Teachers must meet prescribed qualifications. Id.
119.23(2)(a)(6),118.60(2)(a)(6). Schools must administer state assessments to all
students receiving a voucher and can lose eligibility for program participation if
their students scores fall below a set minimum. Id. 119.23(10)(a)(5).14

14

As a result of the law allowing schools to lose eligibility, 50 schools have been terminated from the states
voucher program since 2004. The state paid about $139 million to private schools that were subsequently barred
from the program for failing to meet requirements related to student achievement, inadequate curriculum, student
safety, and finances. Molly Beck, State paid $139 million to schools terminated from voucher program since 2004,
Wisconsin State Journal (Oct. 12, 2014), http://host.madison.com/wsj/news/local/education/local_schools/statepaid-million-to-schools-terminated-from-voucher-program-since/article_d4277f72-51ca-5da3-b63ddf2a7834569b.html.

- 21 District of Columbia: The D.C. Opportunity Scholarship Program provides

a voucher to low-income students for private school attendance. Eligible schools
must follow a core curriculum, as defined under 20 U.S.C. 7801(11) (English,
reading or language arts, mathematics, science, foreign languages, civics and
government, economics, arts, history, and geography.). Teachers must have a
baccalaureate degree or equivalent degree in the subject matter taught. D.C. Code
38-1853.07(a)(4)(F). The students who receive vouchers must be tested so that
their educational performance can be evaluated. Id. 38-1853.09. Reports of
assessment data must be made public. Id. Participating schools may not
discriminate on the basis of race, color, national origin, religion, or sex. Id. 381853.08(a) (except that single-sex schools may discriminate on the basis of sex and
religious institutions may discriminate on the basis of religion when hiring).
Schools operating for fewer than five years are subject to a financial review to
assure sustainability. Id. 38-1853.07(a)(4)(C).
In contrast to these other states, North Carolina (along with Arizona)
exercises very few controls over its private and religious schools, choosing instead
to give them free rein to educate as they see fit. See N.C.G.S. 115C-547-554
(Private Church Schools and Schools of Religious Charter); 115C-555-562
(Qualified Nonpublic Schools). North Carolina has not had an approval process
for private schools since 1979. See State Regulation of Private Schools, U.S. Dept.

- 22 of Educ. (2009). It has no requirements for the curriculum or teacher

qualifications. See N.C.G.S. 115C-547-562 . It does not require that students
participate in the statewide accountability system that allows parents and the public
to gauge the academic achievements of the enrolled students and compare those
achievements to other students. See N.C.G.S. 115C-549, 550, 557, 558. This
hands-off approach was developed during a time when private and religious
schools received no public money. In light of the voucher program, however,
which provides taxpayer support of these schools, these limited standards have
significantly more consequence to the citizens of North Carolina.

III.

Private schools in North Carolina authorized to accept

vouchers are primarily religious schools, without accreditation,
without certified teachers, and without a curriculum that
parallels the state standards.

According to the North Carolina Division of Non-Public Schools, there are

715 non-public schools in North Carolina. See N.C. Directory of Non-Public
Schools, Conventional Schools Edition, http://www.ncdnpe.org/hhh118.aspx.
These private schools vary dramatically on nearly every characteristic, except for
one: they are all eligible to accept a voucher. See N.C.G.S. 115C-562.2
(extending eligibility to any nonpublic school. )
To better understand the nature of the schools that will be eligible to accept a
voucher under the new North Carolina program, the Childrens Law Clinic at Duke

- 23 Law School undertook a study in late 2013 and early 2014 of North Carolina
private schools. See Characteristics of North Carolinas Private Schools, App. 220. Information was gathered from public sources, such as the N.C. Division of
Non-Public Education (DNPE) and from the websites of the private schools.
Additional data were generated through an extensive phone survey of the private
schools listed in the DNPE directory. Although not every school was reached by
phone, and not all provided answers to all the survey questions, seventy percent of
the schools in the directory provided at least some information. Following is a
summary of some of the most pertinent information about private schools that are
eligible to receive vouchers:
Overall characteristics: The 71515 non-public schools listed in the
DNPE directory are located throughout the state, although 11 counties
have no private schools.16 Seventeen counties have just one religious
private school and no independent schools.17 Twenty-three of the schools
are boarding schools, and 34 are special schools, such as treatment
facilities, wilderness programs, and schools focused on children with
particular special needs. The remaining schools include various grade

15

At the time of the initial study, the directory listed 685 nonpublic schools. The directory now lists 715 nonpublic
schools.
16
These counties are: Ashe, Camden, Caswell, Edgecombe, Gates, Jones, Martin, Pender, Perquimans, Tyrrell, and
Washington.
17
These counties are: Alexander, Alleghany, Anson, Cherokee, Chowan, Clay, Currituck, Davie, Franklin, Graham,
Granville, Greene, Hyde, Lincoln, McDowell, Pamlico, Polk, Surry, and Warren. In each of these counties, the one
private school that exists is a Christian school.

- 24 levels, with some offering education at just a few grade levels and others
offering the full range from kindergarten through twelfth grade.
Enrollment: A quarter of the private schools in North Carolina have
enrollments of fewer than 20 students. Another 20 percent have
enrollments of fewer than 50 students. The remainder, just over half,
range from 51 to 1,500 students.
Religious affiliation: Approximately 70 percent of North Carolinas
private schools are religiously affiliated. The remaining 30 percent are
independent.
Tuition: The average tuition of private elementary schools is $6,500; for
middle schools it is $7,035; and for high school it is $7,736. Only 35
percent of schools offer tuition that could be fully paid by a voucher at
the maximum level of $4,200 per year. Nearly all (92%) of the schools
with tuition at or under the amount of the voucher ($4,200 per year) are
religious schools.
Accreditation: A large majority of private schools (69%) are not
accredited by any type of accrediting agency.
Certification: Twenty percent of private schools have no state certified
teachers on their staffs. In another 25 percent of private schools, fewer
than half of all the schools teachers are certified. Approximately a third

- 25 of private schools employ all certified teachers. Of the schools that will
be available to voucher students (those with tuition at or under $4,200),
45 percent have either no or less than 25 percent certified teachers.
Curriculum: Only a quarter of the private schools follow the North
Carolina standards with regard to curriculum.
Integration: The typical private school in North Carolina is not
significantly integrated. Seventy percent of private schools are
predominately of one race (i.e., at least 80 percent of the students are of
the same race); 30 percent enroll more than 90 percent of the same race.
Much is unknown about the private schools that are available to students
with vouchers. Because private schools have no obligation to report publicly on
the academic outcomes of the children who attend, such data are unavailable.
Because curricular standards, teacher qualifications, and outside accreditation are
not required by state law, the public has few tools to judge whether the money
spent on vouchers is accomplishing the purpose for which it was appropriated.
Given that the voucher program was started during the course of this
litigation, additional information is now available about the actual distribution of
vouchers. 18 See Total Voucher Funds Disbursed to NPS Schools, App. 21. An
analysis of the information provided by the State reveals the following about the

18

The information was current as of 9/29/14.

- 26 students and schools that actually received vouchers during the first distribution of
state funds:
A total of 568 students received a voucher, with the average amount
of $2,016 for the first semester. The total expenditure was
$1,145,091.
Of the total, 552 students (97%) are enrolled at religious schools; 16
(3%) are enrolled at independent schools.
A total of 112 nonpublic schools now enroll students with vouchers.
Of the 112 nonpublic schools currently enrolling voucher students,
five schools have enrollments of 10 or fewer students; another twelve
have enrollments between 11 and 25 students. The median enrollment
is 100, with 56 schools having enrollments of more than 100 and 56
schools with enrollments of less than 100.
These data confirm what was largely predicted when the voucher program
was proposed: the vast majority of students using the vouchers would enroll in
religious schools, many of them small. Some very small schools are apparently
using the voucher program to increase their enrollment. For example, the Created
for You Learning Academy in Red Springs, N.C., had an enrollment of one student
in 2010-11; two students in 2011-12; no students in 2012-13, and two students in
2013-14. See DNPE Directory, 2011-2014. Nevertheless, five students were
awarded vouchers to attend the school in 2014-15. See App 21.

- 27 CONCLUSION
Amici hope their Brief will assist the court in evaluating the issue of whether
the use of public money to pay tuition to private schools serves a constitutionally
valid public purpose and meets other constitutional standards. The independent
research on school vouchers fails to support the claims of those who seek to justify
the use of public money for private school education. Neither the students using
the vouchers nor the students left behind in the now-diminished public schools
gain any demonstrable educational advantage. The absence of a regulatory scheme
in North Carolina to assure the quality of private schools accepting publicly-funded
vouchers puts voucher recipients here at an even greater risk than students in other
states of falling behind academically. Based on their extensive expertise and
research of North Carolinas voucher program, Amici urge the Court to affirm the
decision of the Superior Court.
Respectfully submitted, this 2nd day of February, 2015.
Electronically submitted
Jane R. Wettach, NC Bar No. 10101
Box 90360
Durham, NC 27708-0360
Tel: 919-613-7169
Fax: 919-612-7262
wettach@law.duke.edu
Counsel for Amici Helen F. Ladd, William A. Darity, Jr., Roslyn Arlin Mickelson,
Charles T. Clotfelter, Sherick Hughes, Jenni Owen, and the Duke Childrens Law
Clinic

- 28 CERTIFICATE OF SERVICE

I hereby certify that I have served the foregoing Brief of Amicus Curiae upon the
following counsel by United States mail, postage prepaid, and addressed as
follows:
Counsel for Plaintiff/Appellees
Burton Craige
PATTERSON HARKAVY LLP
1312 Annapolis Dr., Suite 103
Raleigh, NC 27608
Narendra K. Ghosh
PATTERSON HARKAVY LLP
100 Europa Dr., Suite 250
Chapel Hill, NC 27517
Christine Bischoff
Carlene McNulty
NORTH CAROLINA JUSTICE CENTER
224 S. Dawson Street
Raleigh, NC 27601
Counsel for State of North Carolina
Lauren Clemmons
Melissa L. Trippe
N.C. Attorney General's Office
P.O. Box 629
Raleigh, NC 27602
Counsel for State Board of Education
Laura E. Crumpler
Tiffany Y. Lucas
N.C. Attorney General's Office
P.O. Box 629
Raleigh, NC 27602

- 29 Counsel for Defendant-Intervenors Tillis & Berger

Noah H. Huffstetler III
Stephen D. Martin
Nelson, Mullins, Riley & Scarborough, LLP
GlenLake One, Suite 200
4140 Parklake Avenue
Raleigh, NC 27612
Counsel for Defendant-Intervenors Perry & Curry
Richard D. Komer
Renee Flaherty
Institute for Justice
901 N. Glebe Road, Suite 900
Arlington, VA 22203
John E. Branch
Shanahan Law Group, PLLC
128 E. Hargett Street, Suite 300
Raleigh, NC 27601
This the 2nd day of February, 2015.
Electronically Submitted
Jane R. Wettach, NC Bar # 10101
Box 90360
Duke University School of Law
Durham, NC 27708-0360
(919) 613-7169
wettach@law.duke.edu
Counsel for Amici Helen F. Ladd, William A. Darity, Jr., Roslyn Arlin Mickelson,
Charles T. Clotfelter, Sherick Hughes, Jenni Owen, and the Duke Childrens Law
Clinic

The author gratefully acknowledges the assistance of Duke Law students Jenna
Goldberg and Peter Wyman in the preparation of this Brief.

CONTENTS OF APPENDIX
REQUIREMENTS FOR NONPUBLIC SCHOOLS PARTICIPATING
IN SCHOOL VOUCHER/SCHOLARSHIP
PROGRAM.. 1
CHARACTERISTICS OF NORTH CAROLINA PRIVATE
SCHOOLS 2
OPPORTUNITY SCHOLARSHIP PROGRAM FUNDS DISBURSED
BY SCHOOLS. 22

Appendix
Requirements for nonpublic schools participating
in school voucher/scholarship program

Jurisdiction

State
Approval or
Accreditation
required

State
Required
Curriculum

Required
Teacher
Qualifications

Required
Participation
in State
Testing
Program

Ariz. Rev. Stat.

Ann. 152402(B)(1)

Arizona

Requires
same number
of days/hours
as public
schools
Ariz. Rev. Stat.
Ann. 15802(G)(3)

Ohio Rev. Code

Ann. 3313.60

Ohio Rev. Code

Ann. 3319;
Ohio Admin.
Code 3301-3505

Ohio Rev. Code

Ann.
3313.976(A)(11)

Ohio Rev. Code

Ann. 3321.07

D.C. Code 38202(d)

D.C. Code 38202(b), (d)

D.C. Code 381853.07(a)(4)(F)

D.C. Code 381853.08(h)

D.C. Mun. Regs.

tit. 5-A,
A2100.3

Indiana

Ind. Code 2051-1-6(a)(3)

Ind. Code 2051-4-1(f)(5)(9)

Ind. Code 2051-1-4.7(5)

Ind. Code 2030-2-2, 3

Louisiana

La. Rev. Stat.

Ann.
17:4021(A)(1)

La. Rev. Stat.

Ann. 17:11,
17:4021

Maine

Me. Rev. Stat.

Ann. tit. 20-A,
5001-A(3)(A)(1)

Me. Rev. Stat.

Ann. tit. 20-A,
2901, 2902

Milwaukee

Wis. Stat. Ann.

119.23(2)(a)(7)

Wis. Stat. Ann.

118.165(d)

Cleveland

Ohio Rev. Code

Ann.
3310.02(A)

D.C.

511 Ind. Admin.

Code 6.1-61(a)
La. Rev. Stat.
Ann.
17:236(A)
Me. Rev. Stat.
Ann. tit. 20-A,
2902(5),
13003(1)(B)
Wis. Stat. Ann.

119.23(2)(a)(6)

La. Rev. Stat.

Ann. 17:4023
Me. Rev. Stat.
Ann. tit. 20-A,
2951(6)
Wis. Stat. Ann.
119.23(7)(e)

La. Rev. Stat.

Ann.
17:236(A)
Me. Rev. Stat.
Ann. tit. 20-A,
2902(6)(A),
(B)
Wis. Stat. Ann.

119.23(2)(a)(8)

North
Carolina

Ohio

Vermont
Wisconsin

Ohio Rev. Code

Ann.
3310.02(A)
Vt. Stat. Ann. tit.
16, 828; 7-1
Vt. Code R.
3:2224.1
Wis. Stat. Ann.

118.60(2)(a)(7)

Ohio Rev. Code

Ann. 3313.60

Ohio Rev. Code

Ann. 3319;
Ohio Admin.
Code 3301-3505

Ohio Rev. Code

Ann.
3301.0711(K)(1)
(a), 3313.612,
3313.624,
3301.0710

Ohio Rev. Code

Ann. 3321.07

Vt. Stat. Ann. tit.

16, 166(b),
906

Vt. Stat. Ann. tit.

16, 166(b)

Vt. Stat. Ann. tit.

16, 166(g)

7-1 Vt. Code R.

3:2226.10

Wis. Stat. Ann.

118.165(d)

Wis. Stat. Ann.

118.60(2)(a)(6)

Wis. Stat. Ann.

118.60(7)(e)

Wis. Stat. Ann.

118.60(2)(a)(8)

-2-

Characteristics of
North Carolina
Private Schools
February 2014

A report issued by:

Childrens Law Clinic
Duke University School of Law
Durham, North Carolina

-3-

Introduction
In 2013, the North Carolina General Assembly created a school voucher program. Through this
program, known as the Opportunity Scholarship program, low-income school children can apply
for a voucher of up to $4,200 per year to apply toward tuition at a private school. The
application period opened February 1, 2014; the first vouchers are scheduled to be available for
the 2014-15 academic year. The program is administered by the State Education Assistance
Authority.
The law allows a voucher to be used at any nonpublic school. In North Carolina, nonpublic
schools are subject to just a few regulations by the state, most related to health and safety.
Nonpublic schools may be religious or independent. They are free to determine the type of
curriculum that will be offered and the credentials of the teachers that will be hired. They are
required to administer nationally-standardized tests annually at certain grade levels and report
the performance data to the State Education Assistance Authority.
Because nonpublic schools will be supported with public money through the voucher program,
the public will benefit from knowing more about them. Thus, this study was undertaken to
make available to the public information about the nonpublic schools that will be eligible for
voucher payments.
Methodology
The study began by accessing the Directory of Non-Public Schools maintained by the N.C.
Division of Non-Public Education (NCDNPE) and available on its website at
(http://www.ncdnpe.org/hhh118.aspx). The most recent Directory was published in June 2013,
containing information from the 2012-13 school term. For each school, this directory provides
the name, address, county, name of chief administrator, grade levels offered, status as either
religious or independent, accreditation status, enrollment (by sex), and the number of staff.
The study proceeded by using volunteer law students1 to conduct an internet search and phone
survey of all the schools listed in the Directory, during December 2013 and January 2014. The
students were instructed to gather whatever data was available on the school website, and
then follow up with a phone call and/or an e-mail to an administrator at the school. Website
information was confirmed by phone or e-mail.
1

The law students were enrolled at either Duke Law School or the University of North Carolina Law School. They
were instructed and supervised in the data collection by either Jane Wettach, director, Duke Childrens Law Clinic
or Christine Bischoff and Matt Ellinwood, staff attorneys at the North Carolina Justice Center. All data was
analyzed by the Childrens Law Clinic.

Characteristics of North Carolina Private Schools

Page 2

-4-

In the phone survey, the callers sought information about the schools tuition, its plan to accept
voucher payments, enrollment criteria, teacher certification, curriculum, and racial
composition.
More than 70 percent of the private schools in the NCDNPE Directory responded to the survey,
providing answers to at least some of the questions posed. Eleven of the schools had closed.
The surveyors recorded the answers and correlated it with the data in the Directory of NonPublic Schools.
An initial analysis of a portion of the collected data is contained in this report of Preliminary
Findings. Further analysis will be presented in a later report.
Key Findings

A total of 696 private schools are registered with the State Division of Non-Public
Education. Of those, 70 percent are religious and 30 percent are independent.

Of the 696 schools, 38 are boarding schools and 35 are special schools such as
treatment facilities, wilderness programs, and schools focused on students with
particular special needs. The remainder are day schools. Some serve just a few grade
levels and others serve up to 13 grade levels (kindergarten through grade 12).

North Carolinas private schools operate throughout the state, though there are 13
counties with no private schools and another 18 counties with just one private school.
In those 18 counties, the single private school is religious. A large majority of the private
schools, particularly independent schools, are concentrated in the urban areas of the
state.

Approximately half of the schools have enrollments of 50 or fewer students; a quarter of

schools have enrollments of 20 or fewer students. Eighty nine schools 13 percent of
the total enroll ten or fewer students.

The average tuition of private schools in North Carolina, excluding boarding schools and
special schools, is $6,690. Approximately 38 percent of schools charge tuition at some
grade level that could be fully paid by a voucher (i.e., $4,200 per year or less). Of those
schools whose tuition could be met with a voucher payment, 92 percent are religious

Characteristics of North Carolina Private Schools

Page 3

-5-

schools. At the middle school and high school levels, nearly 95 percent are religious
schools.

About 70 percent of private schools indicated a willingness to accept voucher payments.

About 30 percent of the private schools in North Carolina have some type of
accreditation from an independent agency. Of the schools with tuition at or below the
$4,200 voucher level, less than five percent of high schools have any type of
accreditation and less than 10 percent of grade schools and middle schools have
accreditation.

About 30 percent of the private schools in North Carolina employ only certified
teachers. Twenty percent of schools have no certified teachers; another 25 percent
have fewer than half certified teachers.

About 25 percent of the private schools follow the North Carolina curriculum standards.

More than 30 percent of the private schools reported that more than 90 percent of the
students are of one race. Twenty-nine percent reported that more than 90 percent of
the students are white, and 4 percent reported that more than 90 percent of the
students are black.

About 40 percent of private schools have academic criteria for admission; about 20
percent have religious criteria for admission.

As noted, the information presented here is preliminary. We hope, however, that it will be
useful as the state embarks on its school voucher program.

Childrens Law Clinic

Duke University Law School
Box 90360
Durham, NC 27708-0360
(919)613-7169
February 2014

Characteristics of North Carolina Private Schools

Page 4

-6-

Tables
1. Overall Characteristics of Private Schools ........................................................................... 6
2. Enrollment at North Carolina Private Schools ..................................................................... 7
3. Grade Levels Offered by Private Schools ............................................................................ 8
4. Average Tuition of North Carolina Private Schools.............................................................. 9
5. Religious/Independent Schools by Tuition and Grade Level .............................................. 10
6. Number and Percentage of Private Schools that Plan to Accept Vouchers......................... 11
7. Percentage of Schools with Tuition $4200 that Plan to Accept Vouchers ......................... 12
8. Percentage of Schools with Tuition >$4200 that Plan to Accept Vouchers ........................ 12
9. Teacher Certification Distribution .................................................................................... 13
10. Percentage of Certified Teachers in Schools with Tuition $4200 ................................... 14
11. Accreditation Status....................................................................................................... 15
12. Accreditation Status by Tuition and Grade Level ............................................................. 16
13. Implementation of the North Carolina Curriculum .......................................................... 17
14. Racial Integration........................................................................................................... 18
15. Enrollment Criteria...19

Characteristics of North Carolina Private Schools

Page 5

-7-

1. Overall Characteristics of Private Schools

The North Carolina Division of Non-Public Education (DNPE), within the Department of
Administration, publishes an annual directory of non-public schools. It can be found at
the divisions website: http://www.ncdnpe.org/hhh118.aspx. The most recent
directory, from 2012-13, includes 696 non-public schools. The table below reflects the
breakdown of schools included in the directory.

Overall Characteristics of Private Schools

500
450
400
350
300
250
200
150
100
50
0

Day Schools

Boarding Schools

Special Schools

Religious

455

17

Non-Religious

171

19

26

Characteristics of North Carolina Private Schools

Page 6

-8-

2. Enrollment at North Carolina Private Schools

The following information is drawn from the Directory of Non-Public Schools published
by the Division of Non-Public Education. Not every school reported its enrollment.
Eighty nine schools enroll between one and ten students.

North Carolina Private School Enrollment

Numbers
180
160
140
120
100
80
60
40
20
0

Schools Within Range

0:

1-20:

167

21-50: 51-100:
126

Characteristics of North Carolina Private Schools

100

101250:

251500:

5011000:

>1000:

122

56

40

Page 7

-9-

3. Grade Levels Offered by Private Schools

The following information regarding the grade levels offered is drawn from the
Directory of Non-Public Schools published by the Division of Non-Public Education. The
total is greater than the total number of schools (696) because some schools offer grade
levels in more than one category.

Grade Levels Offered by Private Schools

600
500
400
300
200
100
0
Number of Schools

Elementary Schools

Middle Schools

High Schools

570

528

420

Characteristics of North Carolina Private Schools

Page 8

- 10 -

4. Average Tuition of North Carolina Private Schools

This table reflects the average tuition of private schools at each grade level. In
calculating these averages, the boarding schools and special schools were excluded.
These amounts are the average for day schools. Responses came from 403 elementary
schools, 372 middle schools, and 282 high schools.

Average Tuition in NC Private Schools

$7,200
$7,100
$7,000
$6,900
$6,800
$6,700
$6,600
$6,500
$6,400
$6,300
$6,200
$6,100
Average Tuition

Elementary School

Middle School

High School

$6,445

$6,687

$7,060

Characteristics of North Carolina Private Schools

Page 9

- 11 -

5. Religious/Independent Schools by Tuition and Grade Level

This table shows the average tuition at private schools broken down by whether they
are religious or independent, by grade level, and by whether the tuition could be met by
using a $4,200 voucher. Responses came from 398 elementary schools, 361 middle
schools, and 267 high schools.

Religious/Independent Schools by Tuition and

Grade Level
100.0%
90.0%
80.0%
70.0%
60.0%
50.0%
40.0%
30.0%
20.0%
10.0%
0.0%

Of Schools
$4200, Percent
Religious

Of Schools
$4200, Percent
Non-Religious

Of Schools
>$4200, Percent
Religious

Of Schools
>$4200, Percent
Non-Religious

Elementary School

90.9%

9.1%

58.5%

41.5%

Middle School

94.1%

5.9%

63.6%

36.4%

High School

94.8%

5.2%

65.1%

34.9%

Characteristics of North Carolina Private Schools

Page 10

- 12 -

6. Number and Percentage of Private Schools that Plan to Accept Vouchers

Private schools will have the choice of whether to accept a voucher for payment of
tuition. This table reflects the number and percentage of schools that reported an initial
determination of whether they would accept vouchers. Responses were obtained from
320 schools. Schools are not restricted from either 1) discounting their tuition so that it
could be fully met with a voucher; or 2) charging the family for the tuition that exceeds
the voucher amount.

Number and Percentage of Private Schools that

Plan to Accept Vouchers
180
160
140
120
100
80
60
40
20
0

Yes

Maybe

No

Number of Schools

166

40

114

Percentage of Schools

51.9

12.5

35.6

Characteristics of North Carolina Private Schools

Page 11

- 13 -

7. Percentage of Schools with Tuition $4200 that Plan to Accept Vouchers;

8. Percentage of Schools with Tuition >$4200 that Plan to Accept Vouchers
The following two tables show the percentage of private schools that plan to accept
vouchers, separated by grade level and tuition level. The demarcation line of $4,200 is
used because that is the maximum annual voucher that will be available. Responses
came from 270 elementary schools, 245 middle schools, and 187 high schools.

Of Schools with Tuition $4200, Percentage

Accepting Vouchers
60.0%
50.0%
40.0%
30.0%
20.0%
10.0%
0.0%
Accepting Vouchers

Maybe Accepting
Vouchers

Not Accepting
Vouchers

Elementary School

53.4%

9.3%

37.3%

Middle School

53.3%

8.4%

38.3%

High School

54.2%

6.3%

39.6%

Of Schools with Tuition >$4200, Percentage

Accepting Vouchers
60.0%
50.0%
40.0%
30.0%
20.0%
10.0%
0.0%
Accepting Vouchers

Maybe Accepting
Vouchers

Not Accepting
Vouchers

Elementary School

52.6%

14.5%

32.9%

Middle School

52.9%

13.8%

33.3%

High School

54.9%

14.3%

30.8%

Characteristics of North Carolina Private Schools

Page 12

- 14 -

9. Teacher Certification Distribution

This table reflects the number and percentage of certified teachers employed by the
school. A total of 287 schools responded. Note: North Carolina does not regulate the
qualifications of teachers in private schools.

Teacher Certification Distribution

120
100
80
60
40
20
0
Number of Schools
Percentage of Schools

0%

1-25%

26-50%

51-75%

76-99%

100%

57

43

28

20

34

105

19.86

14.98

9.76

6.97

11.85

36.59

Characteristics of North Carolina Private Schools

Page 13

- 15 -

10. Percentage of Certified Teachers in Schools with Tuition $4200

This table reflects the distribution of certified teachers in schools with tuition that could
be fully met with a voucher payment. Responses came from 104 elementary schools, 89
middle schools, and 77 high schools.

Certified Teachers in Schools with

Tuition $4200
40.0%
35.0%
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
0% Certified

1-25%
Certified

26-50%
Certified

51-75%
Certified

76-99%
Certified

100%
Certified

Elementary School

30.8%

13.5%

15.4%

6.7%

12.5%

21.2%

Middle School

30.3%

12.4%

16.9%

9.0%

13.5%

18.0%

High School

33.8%

13.0%

15.6%

3.9%

14.3%

19.5%

Characteristics of North Carolina Private Schools

Page 14

- 16 -

11. Accreditation Status

The following information is drawn from the Directory of Non-Public Schools published
by the Division of Non-Public Education. It reflects the accreditation status at 685 nonpublic schools. Accreditation can come from any one of the following accrediting
agencies: Association of Christian Schools International; North Carolina Christian School
Association; Southern Association of Independent Schools; Middle States Commission of
Elem/Secondary Schools; National Council for Private School Accreditation; Southern
Association of Colleges and Schools. Note: No independent accreditation or state
approval is required for a private school to operate in North Carolina.

Accreditation Status
500
450
400
350
300
250
200
150
100
50
0
Yes

Special School
Accreditation

No

Number of Schools

213

34

438

Percentage of Schools

31.1

5.0

63.9

Characteristics of North Carolina Private Schools

Page 15

- 17 -

12. Accreditation Status by Tuition and Grade Level

The table correlates the information on accreditation with tuition level and grade levels
offered. Responses were from 398 Elementary Schools, 361 Middle Schools, and 267
High Schools. Note: No independent accreditation or state approval is required for a
private school to operate in North Carolina.

Accreditation Status by Tuition and Grade Level

120.0%
100.0%
80.0%
60.0%
40.0%
20.0%
0.0%

Of Schools
$4200, Percent
Accredited

Of Schools
$4200, Percent
Not Accredited

Of Schools
>$4200, Percent
Accredited

Of Schools
>$4200, Percent
Not Accredited

Elementary School

8.4%

91.6%

59.3%

40.7%

Middle School

8.1%

91.9%

63.6%

36.4%

High School

4.3%

95.7%

68.4%

31.6%

Characteristics of North Carolina Private Schools

Page 16

- 18 -

13. Implementation of the North Carolina Curriculum

This table reflects the number and percentage of schools that implement the North
Carolina curricular standards. A total of 349 schools responded. Note: North Carolina
law allows private schools to choose their own curriculum.

Implementation of the North Carolina

Curriculum
300
250
200
150
100
50
0
Number of Schools
Percentage of Schools

Yes

No

99

250

28.37

71.63

Characteristics of North Carolina Private Schools

Page 17

- 19 -

14. Racial Composition

Schools were asked to report the racial composition of the school. The table shows the
number that reported more than 90 percent of students were of a particular race, and
those that reported a majority of students were of one race. This latter category
included any school that did not report a particular percentage, but used a term such as
mostly, predominantly or majority. A total of 284 schools responded to this
question.

Racial Composition
180
160
140
120
100
80
60
40
20
0

50-90% White

50-90% Black

90% White

90% Black

Other

Number

154

16

81

11

22

Percent

54.2

5.6

28.5

3.9

7.7

Characteristics of North Carolina Private Schools

Page 18

- 20 -

15. Enrollment Criteria

Schools were asked if they had particular admission standards or other criteria for
enrollment. This chart reflects the following the various criteria that were reported.
Religious qualification means that students (or their parents) must ascribe to certain
religious beliefs to be admitted. Academic requirements means that admitted
students must have certain test scores or meet other academic standards to be
admitted. Excludes Disabled Children refers to schools that reported they do not
accept students with disabilities. Requires disability refers to schools that exclusively
provide education to children with certain disabilities and do not accept typical learners.
Discretionary means that the head of school uses personal discretion in selecting
students. Behavioral refers to schools that reported they do not accept children with
behavioral problems. Miscellaneous includes various other criteria for acceptance.
Some schools have two or more of the various enrollment criteria.

Enrollment Criteria
180
160
140
120
100
80
60
40
20
0
Religious
Qualification

Academic
Requirements

Excludes
Disabled
Children

Requires
Disability

Discretionary

Behavioral

Miscellaneous

Number

80

157

21

94

22

13

Percent

19.9

39.0

2.0

5.2

23.3

5.5

3.2

Characteristics of North Carolina Private Schools

Page 19

- 21 -

The Childrens Law Clinic gratefully acknowledges the contributions of all the law
students who assisted in gathering and analyzing the data contained in this report.
Special thanks go to Duke Law students Kristi Lundstrom, Nichole Davis, Shamus Hyland,
and Susan Walker.

Characteristics of North Carolina Private Schools

Page 20

- 22 Opportunity Scholarship Program

Funds Disbursed by School
School
Alamance Christian School - Graham - NC
Al-Huda Academy - Durham - NC
Al-Iman School - Raleigh - NC
An-Noor School - Raleigh - NC
Avonlea Learning Community - Weaverville - NC
Bailey`s Grove Baptist School - Asheboro - NC
Bal-Perazim Christian Academy - Fayetteville - NC
Benaja Christian Academy - Reidsville - NC
Berean Baptist Academy - Fayetteville - NC
Bethany Christian School - Thomasville - NC
Bethel Christian Academy - Kinston - NC
Bethel Christian Academy - Spruce Pine - NC
Bethesda Christian Academy - Durham - NC
Bible Baptist Christian School - Matthews - NC
Caldwell Academy - Greensboro - NC
Calvary Christian School - Wilmington - NC
Calvary Education Center - Lemon Springs - NC
Canterbury School - Greensboro - NC
Cape Fear Christian Academy - Erwin - NC
Carolina Baptist Academy - Reidsville - NC
Charlotte United Christian Acad - Charlotte - NC
Christian Faith Center Acad. - Creedmoor - NC
Community Baptist School - Reidsville - NC
Concord First Assembly Academy - Concord - NC
Concordia Christian Day Sch. - Conover - NC
Cornerstone Christian Academy - Fayetteville - NC
Cornerstone Christian Academy - Statesville - NC
Cramerton Christian Academy - Cramerton - NC
Created for You Learning Acad - Red Springs - NC
Crossroads Chr Sch of Statesville - Statesville Daniel Academy - Concord - NC
Dream Big Christian Academy K-12 - Dunn - NC
Emerson Waldorf School - Chapel Hill - NC
Faith Assembly Christian Academy - Durham - NC
Faith Assembly Christian Academy - Raleigh - NC
Faith Christian School - Rocky Mount - NC
Fellowship Baptist Academy - Durham - NC
First Wesleyan Christian School - Gastonia - NC
Flaming Sword Christian Academy - Fayetteville Freedom Christian Academy - Fayetteville - NC
Gospel Light Christian School - Walkertown - NC
Grace Academy - Rockwell - NC
Greenfield School - Wilson - NC
Greensboro Islamic Academy - Greensboro - NC
Harvest Time Christian Academy - North Wilkesboro
Haw River Christian Academy - Pittsboro - NC
High Point Christian Academy - High Point - NC
Hobgood Academy - Hobgood - NC
Holy Trinity Catholic Middle School - Charlotte Immaculate Heart of Mary Cath Sch - High Point Jarvisburg Christian Academy - Jarvisburg - NC
Johnathan`s House Chr School - Fayetteville - NC
Knowledge is Power Early Lrng Prog - Charlotte Lake Norman Christian School - Davidson - NC
Liberty Christian Academy - Richlands - NC
Living Water Christian School - Jacksonville - NC
Male Leadership Academy of Charlotte - Charlotte
Mintz Christian Academy - Roseboro - NC

Students
6
2
16
5
3
4
16
3
6
2
7
11
3
4
5
1
5
1
1
3
1
1
5
17
1
6
1
5
5
4
1
5
1
3
1
1
3
3
2
14
16
1
1
43
1
1
10
1
1
2
3
11
1
3
10
1
1
1

Page 1 of 2

Funds
12,600
4,200
32,922
10,500
6,300
6,140
33,600
3,650
12,600
2,562
13,910
16,250
6,300
8,400
10,500
2,100
8,420
2,100
2,100
4,349
2,100
2,100
10,488
34,025
2,100
12,340
2,100
9,713
8,730
8,400
1,700
10,198
2,100
5,090
2,100
600
5,955
6,120
4,200
29,400
26,597
2,100
2,100
90,300
2,095
2,100
21,000
2,100
2,100
4,200
6,300
23,100
2,100
6,300
21,000
1,770
2,100
2,100

Average Sch
2,100
2,100
2,058
2,100
2,100
1,535
2,100
1,217
2,100
1,281
1,987
1,477
2,100
2,100
2,100
2,100
1,684
2,100
2,100
1,450
2,100
2,100
2,098
2,001
2,100
2,057
2,100
1,943
1,746
2,100
1,700
2,040
2,100
1,697
2,100
600
1,985
2,040
2,100
2,100
1,662
2,100
2,100
2,100
2,095
2,100
2,100
2,100
2,100
2,100
2,100
2,100
2,100
2,100
2,100
1,770
2,100
2,100

9/29/2014

- 23 Opportunity Scholarship Program

Funds Disbursed by School
Miracle Tabernacle Christian Sch - Roanoke Rapids
Mount Zion Christian Academy - Durham - NC
Mountain Island Day School - Charlotte - NC
National Child Care Institute - Matthews - NC
Neighbors Grove Christian Acad - Asheboro - NC
New Bern Christian Academy - New Bern - NC
New City Christian School - Asheville - NC
New Hope Christian Academy - Thomasville - NC
New Life Christian Academy - Rocky Mount - NC
Northside Christian Academy - Charlotte - NC
Oasis Performing Arts School - Charlotte - NC
Our Lady of Assumption Cath Sch - Charlotte - NC
Our Lady Perpetual Help Cath Sch - Rocky Mount Pope John Paul II Catholic School - Southern Pine
Raleigh Christian Academy - Raleigh - NC
Rhema Christian Academy - Goldsboro - NC
Rockfish Christian Academy - Raeford - NC
Rockwell Christian School - Rockwell - NC
Rocky Mount Academy - Rocky Mount - NC
Sacred Heart Catholic School - Salisbury - NC
Salem Academy - Winston-Salem - NC
Scotland Christian Academy - Laurinburg - NC
Shining Light Academy - Greensboro - NC
Shining Light Baptist Academy - Monroe - NC
South Charlotte Baptist Academy - Pineville - NC
Southpoint Academy - Durham - NC
St. Ann Catholic School - Fayetteville - NC
St. Mary Catholic School - Goldsboro - NC
St. Paul Catholic Educ Cntr - New Bern - NC
St. Pius X Catholic School - Greensboro - NC
St. Raphael`s Catholic School - Raleigh - NC
Star Christian Academy - Smithfield - NC
Stedman Christian Academy - Stedman - NC
Stevens Prep Academy - Raleigh - NC
Tabernacle Christian School - Monroe - NC
Teaching Achieving Students Acad - Charlotte - NC
Temple Christian School - Rockingham - NC
Triad Baptist Christian Academy - Kernersville Tri-City Adventist JR Academy - High Point - NC
Trinity Christian School - Fayetteville - NC
Union Grove Christian School - Lexington - NC
Unity Christian Academy - Chocowinity - NC
Upper Room Christian Academy - Raleigh - NC
Vandalia Christian School - Greensboro - NC
Victory Christian Academy - Gastonia - NC
Victory Christian Center School - Charlotte - NC
Wake Christian Academy - Raleigh - NC
Westchester Country Day School - High Point - NC
Willow Tree Community School - Boiling Springs Winston Salem Christian School - Winston-Salem - N
Word of God Christian Academy - Raleigh - NC
Grand Total

1
11
6
1
2
3
2
2
3
5
4
4
1
1
8
4
3
3
1
2
1
3
2
4
8
6
6
2
5
4
5
7
3
1
17
3
4
2
16
18
2
2
13
1
13
13
6
1
2
13
26

2,100
23,100
12,600
2,100
3,740
6,300
4,200
4,200
4,950
10,500
8,400
8,400
2,100
2,100
16,800
7,800
6,300
5,313
2,100
4,200
2,100
4,530
4,188
8,400
16,800
10,500
12,537
4,200
10,500
8,400
10,500
14,250
6,207
2,100
35,189
6,300
6,480
3,890
32,483
37,800
3,174
4,200
27,300
2,100
27,171
27,246
12,600
2,100
4,119
27,300
54,600

2,100
2,100
2,100
2,100
1,870
2,100
2,100
2,100
1,650
2,100
2,100
2,100
2,100
2,100
2,100
1,950
2,100
1,771
2,100
2,100
2,100
1,510
2,094
2,100
2,100
1,750
2,090
2,100
2,100
2,100
2,100
2,036
2,069
2,100
2,070
2,100
1,620
1,945
2,030
2,100
1,587
2,100
2,100
2,100
2,090
2,096
2,100
2,100
2,060
2,100
2,100

568

1,145,091

2,016

Page 2 of 2