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Primary and secondary education 147<br />

and meaningful parental choice. It has been demonstrated that re<strong>for</strong>ms such as extending<br />

school days, imposing national testing, and school accreditation requirements have<br />

“failed to turn around a large-scale decline in education.” 44 Although <strong>the</strong> reasons <strong>for</strong> this<br />

failure are far from clear, some possible explanations are that such re<strong>for</strong>ms induce<br />

teachers to “teach-to-<strong>the</strong>-test,” that time is used inefficiently during <strong>the</strong> school day, and<br />

that accreditation requirements are too minimal to ensure adequate educational<br />

opportunities. Fur<strong>the</strong>rmore, ef<strong>for</strong>ts to improve public education through increased<br />

funding have proved similarly dismal. 45<br />

Thus, in light of <strong>the</strong> generally strong presumptive evidence in favour of increased but<br />

never<strong>the</strong>less bounded parental choice, we seek to consider <strong>the</strong> different ways in which<br />

this choice can be effectuated. In particular, we review <strong>the</strong> experience of several different<br />

choice-enhancing experiments that have been adopted in a number of different<br />

jurisdictions. We seek to determine whe<strong>the</strong>r public subsidization of parental school<br />

choice <strong>for</strong> primary and secondary education can respond to <strong>the</strong> problems identified <strong>for</strong><br />

conventional public schools, while respecting received public values and goals that<br />

operate in this area. Specifically, we consider open enrollment programs, charter schools,<br />

and voucher programs.<br />

Open enrollment<br />

In an open enrollment system, parents are permitted to enroll <strong>the</strong>ir children in public<br />

schools located in districts o<strong>the</strong>r than <strong>the</strong> one in which <strong>the</strong>y are located. This enables<br />

families residing in districts with chronically poorly per<strong>for</strong>ming schools to place <strong>the</strong>ir<br />

children in schools of higher quality without having to change <strong>the</strong>ir residence.<br />

Regrettably, however, <strong>the</strong> degree of choice actually conferred on parents in open<br />

enrollment systems is not as great as parents would like. It is often <strong>the</strong> case that <strong>the</strong><br />

popular schools fill up quickly, and students who do not secure placement in one of <strong>the</strong>se<br />

schools will have no choice but to attend an unpopular school. Hoxby notes that “open<br />

enrollment programs have such poorly designed funding that programs that are enacted to<br />

be universal actually degenerate: preferred districts opt out by ensuring that <strong>the</strong>y never<br />

have space to receive students.” 46 Similarly, in examining <strong>the</strong> decision to move to<br />

enhanced choice in <strong>the</strong> New Zealand public school system, Ladd notes that, “successful<br />

schools in urban areas had no desire to expand <strong>the</strong>ir enrollment. To <strong>the</strong> contrary, <strong>the</strong>y did<br />

everything <strong>the</strong>y could to maintain <strong>the</strong> mix of students that made <strong>the</strong>m attractive to parents<br />

and students in <strong>the</strong> first place.” 47 Thus it seems that in a fully open enrollment system, <strong>the</strong><br />

schools that are in demand may be resistant to disentangling <strong>the</strong> linkage between <strong>the</strong><br />

geographic proximity of nearby students and school enrollment. Not surprisingly, at least<br />

part of <strong>the</strong> resistance to change will emanate from local residents who are fearful that<br />

enrollment expansion to accommodate out-of-district students will compromise school<br />

quality (as a result of diseconomies of scale or <strong>the</strong> introduction of a high-needs<br />

population into <strong>the</strong> school without offsetting resources), and this will affect <strong>the</strong>ir<br />

children’s educational experience and <strong>the</strong> investment value of <strong>the</strong>ir homes (where this<br />

value reflects, in part, an expectation of access to highquality schools). While it is<br />

possible to mitigate <strong>the</strong> severity of this resistance to enrollment expansion by requiring<br />

schools to take students on a first-come, flrst-served basis or using lotteries to decide<br />

which students are admitted to school, local residents (particularly in close proximity to

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