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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, GENNELLCURRY,
THOM TILLIS, AND PHILBERGER,
Intervenor-Defendants-
Appellants.
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)
)
From Wake CountyNo. 13-CVS-16771
**************************************
BRIEF OF AMI CI CURIAEEDUCATION SCHOLARS
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INDEX
TABLE OF AUTHORITIES ii
IDENTITY AND INTERESTS OF AMICI. 2
SUMMARY OF ARGUMENT:.... .. 3
ARGUMENT 5
I. Research reveals that neither private schools in general, norvoucher programs, produce better educational outcomes for
students ................. ............ 5
a.
When student demographics are taken into account, public
school students achieve at higher levels than private schoolstudents.................................... 6
b. Research studies of existing voucher programs shows thatstudents using vouchers do not achieve comparatively better
academic outcomes than students who remain in public
school... 7
i.
Milwaukee.
ii. Cleveland.. iii.
District of Columbia.
iv. Conclusion
8
1011
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 areprimarily religious schools, without accreditation, without certified
teachers, and without a curriculum that parallels the statestandards
22
CONCLUSION... 27
CERTIFICATE OF SERVICE .............. 28
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APPENDIX:
I. ACCOUNTABILITY CHART FOR VOUCHERJURISDICTIONS... 1
II. CHARACTERISTICS OF NORTH CAROLINA PRIVATESCHOOLS 2
III.
OPPORTUNITY SCHOLARSHIP PROGRAM FUNDS
DISBURSED BY SCHOOLS. 22
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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 290119, App. 1
Me. Rev. Stat. Ann. tit. 20-A 290219, 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
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Me. Rev. Stat. Ann. tit. 20-A 13003(1)(B)App. 1
.C.G.S. 115C-54715
.C.G.S.115C-547-554.. 21
.C.G.S. 115C-54915, 22
.C.G.S. 115C-55022
.C.G.S. 115C-55515
.C.G.S.115C-555-562.. 21
.C.G.S. . 115C-557 15, 22
.C.G.S. 115C-55822
.C.G.S. 115C-562.2 15, 22
.C.G.S. 115C-562.5(a)(4)15
Ohio Admin. Code3301-35-0517, 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
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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. 331917, 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
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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 Studentchievement: An Evaluation of the Milwaukee Parental Choice
Program(Natl Bureau of Econ.Research, Inc., Working Paper
o. 5964,1997). 8
Ctr. on Educ. Policy,Are Private High Schools Bettercademically Than Public High Schools?(Oct.
2007). 7
Christopher Lubienski & Sarah Lubienski, The Public Schooldvantage: Why Public Schools Outperform Private Schools
(Univ. of Chicago Press,
2014) 6
Clive Belfield, The Evidence on Education Vouchers: An
pplication to the Cleveland Scholarship and Tutoring
Program,Natl Ctr. for the Study of Privatization in Educ.,Teachers Coll., Columbia Univ. (2006), available athttp://www.ncspe.org/readrel.php?set=pub&cat=127..11
Erin Richards & Kevin Crowe, Voucher Students Post Gain inath, Reading; Still Lag Public Schools, MILWAUKEE-
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WISCONSIN JOURNAL SENTINEL(Apr. 8, 2014),
http://www.jsonline.com/news/education/voucher-students-
post-gain-in-math-reading-still-lag-public-schools-b99243092z1-254382141.html 9
Jay P. Green, et al.,Effectiveness of School Choice, Theilwaukee Experiment, Vol. 31, No. 2Educ. and Urban
Society (1999) 8
John F. Witte,Achievement Effect of the Milwaukee VoucherProgram, 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 Scholarshipand Tutoring Program: Student Characteristics and Academic
chievement,Indiana Univ. Sch. of Educ.(2003)10, 11
Molly Beck, State paid $139 million to schools terminated fromvoucher 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-voucher-program-since/article_d4277f72-51ca-5da3-b63d-df2a7834569b.html ... 20
.C. Directory of Non-Pub. Schs., Conventional Schs. Ed.,http://www.ncdnpe.org/hhh118.aspx 22, 26
ews 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.
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(2009)............................................................................21
The Comprehensive Longitudinal Evaluation of the Milwaukee
Parental Choice Program: Summary of Final Reports, Univ. ofArk., Dept of Educ.Reform (Feb. 2012), available at
http://www.uaedreform.org/milwaukee-parental-choice-
program-evaluation/. 9
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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, GENNELLCURRY,
THOM TILLIS, AND PHILBERGER,
Intervenor-Defendants-Appellants.
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From Wake CountyNo. 13-CVS-16771
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BRIEF OF AMI CI CURIAEEDUCATION SCHOLARS
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Identity and Interests of Amici
Amiciare 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. Amicioffer 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
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education 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,Amiciprovide 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
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educational 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 voucherstypically those done by
advocacy groups rather than independent scholarsthe 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 voucher-
eligible 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
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voluntarily 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.
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public 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
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children 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. 2Educ. 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. SeeCecilia 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,
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researchers 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. SeeThe 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 yearthe fourth year in which the voucher students have
been required to take the very same tests as the public school studentsdata show
the public school students to be achieving at higher academic levels across the
board. SeeNews 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),
http://news.dpi.wi.gov/sites/default/files/imce/eis/pdf/dpinr2014_48.pdfhttp://news.dpi.wi.gov/sites/default/files/imce/eis/pdf/dpinr2014_48.pdf8/9/2019 Education Scholars Brief
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http://www.jsonline.com/news/education/voucher-students-post-gain-in-math-
reading-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 choicestudents 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
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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
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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.
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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:
2The programs chosen for comparison are programs available to the general student population, rather than tostudents with special needs, and do not include tax-credit programs.
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Requirements for nonpublic schools participating
in school voucher/scholarship program
Jurisdiction StateApproval or
Accredita-tionrequired
StateRequired
Curriculum
RequiredTeacher
Qualifica-tions
RequiredParticipa-
tionin StateTestingProgram
Requiressame
number ofdays/hoursas publicschools
Arizona4
Cleveland
D.C.5
Indiana
Louisiana
Maine6
Milwaukee
NorthCarolina
Ohio7
Vermont
Wisconsin
3The statutory and regulatory citations for each of the requirements represented here are provided in the Appendix.See App. 1(created by counsel forAmici).4Any student with a voucher must be educated in reading, grammar, math, social studies and science.5Instructional days and hours must be approved by D.C. Board but the regulations do not specify the numbers.6If 60% of students are publicly funded, school must participate in the state testing program.7For all high schools and for any school in which 65% of students are getting vouchers.
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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 studentsthus 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. SeeN.C.G.S.
115C-562.1 et seq.; 115C-547 et seq.; 115C-555 et seq. Thus, as compared to
8These 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.10While North Carolina requires some testing of private school students, the test results need not be made publicunless the school enrolls more than 25 voucher students. N.C.G.S. 115C-562.5(c). Otherwise, the test data mustbe submitted to the State Education Assistance Authority annually, but is not a public record. N.C.G.S. 115C-562.5(a)(4). Test data must be retained for one year by the school itself and made available for inspection by anauthorized representative of North Carolina. N.C.G.S. 115C-549, 115C-557. Maine and Ohio require the sametesting only when a certain number of students enrolled receive vouchers or, for Ohio, when students are in highschool.11Wisconsin, Indiana, Ohio.
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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
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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.12Id. 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
12Chartered non-public schools in Ohio are notthe same as charter schools. Ohio uses different terminology thanmost states. The type of school that is known in most states as a charter school in most states is called acommunity school in Ohio. Chartered non-public schools are private schools that have a special status gained byconforming to a set of standards prescribed by the state.
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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
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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 state-
prescribed curriculum, meet certain financial standards, hire only qualified faculty,
and offer specified physical facilities. Id. In addition, they must follow anti-
discrimination 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.
13Due to the sparse population in some areas in Maine, some municipalities do not offer public schools for all gradelevels.
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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
14As a result of the law allowing schools to lose eligibility, 50 schools have been terminated from the statesvoucher program since 2004. The state paid about $139 million to private schools that were subsequently barredfrom the program for failing to meet requirements related to student achievement, inadequate curriculum, studentsafety, 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/state-paid-million-to-schools-terminated-from-voucher-program-since/article_d4277f72-51ca-5da3-b63d-df2a7834569b.html.
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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. 38-
1853.08(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. SeeN.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.
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of Educ. (2009). It has no requirements for the curriculum or teacher
qualifications. SeeN.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. SeeN.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. SeeN.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. SeeN.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
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Law School undertook a study in late 2013 and early 2014 of North Carolina
private schools. See Characteristics of North Carolinas Private Schools, App. 2-
20.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 71515non-public schools listed in the
DNPE directory are located throughout the state, although 11 counties
have no private schools.16Seventeen 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
15At the time of the initial study, the directory listed 685 nonpublic schools. The directory now lists 715 nonpublicschools.16These counties are: Ashe, Camden, Caswell, Edgecombe, Gates, Jones, Martin, Pender, Perquimans, Tyrrell, andWashington.17These 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 oneprivate school that exists is a Christian school.
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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
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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
18The information was current as of 9/29/14.
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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 amountof $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 twelvehave enrollments between 11 and 25 students. The median enrollmentis 100, with 56 schools having enrollments of more than 100 and 56schools 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. SeeApp 21.
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CONCLUSION
Amicihope 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 purposeand 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. 10101Box 90360Durham, NC 27708-0360Tel: 919-613-7169Fax: [email protected]
Counsel for Amici Helen F. Ladd, William A. Darity, Jr., Roslyn Arlin Mickelson,
Charles T. Clotfelter, SherickHughes, Jenni Owen, and the Duke Childrens Law
Clinic
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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/AppelleesBurton CraigePATTERSON HARKAVY LLP1312 Annapolis Dr., Suite 103Raleigh, NC 27608
Narendra K. GhoshPATTERSON HARKAVY LLP100 Europa Dr., Suite 250Chapel Hill, NC 27517
Christine BischoffCarlene McNulty
NORTH CAROLINA JUSTICE CENTER224 S. Dawson Street
Raleigh, NC 27601
Counsel for State of North Carolina
Lauren ClemmonsMelissa L. Trippe
N.C. Attorney General's OfficeP.O. Box 629Raleigh, NC 27602
Counsel for State Board of Education
Laura E. CrumplerTiffany Y. Lucas
N.C. Attorney General's OfficeP.O. Box 629Raleigh, NC 27602
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Counsel for Defendant-Intervenors Tillis & Berger
Noah H. Huffstetler IIIStephen D. Martin
Nelson, Mullins, Riley & Scarborough, LLPGlenLake One, Suite 2004140 Parklake AvenueRaleigh, NC 27612
Counsel for Defendant-Intervenors Perry & Curry
Richard D. KomerRenee FlahertyInstitute for Justice901 N. Glebe Road, Suite 900Arlington, VA 22203
John E. BranchShanahan Law Group, PLLC128 E. Hargett Street, Suite 300Raleigh, NC 27601
This the 2nd day of February, 2015.
Electronically SubmittedJane R. Wettach, NC Bar # 10101Box 90360Duke University School of LawDurham, NC 27708-0360(919) [email protected]
Counsel for Amici Helen F. Ladd, William A. Darity, Jr., Roslyn Arlin Mickelson,
Charles T. Clotfelter, SherickHughes, 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.
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CONTENTS OF APPENDIX
REQUIREMENTS FOR NONPUBLIC SCHOOLS PARTICIPATING
IN SCHOOL VOUCHER/SCHOLARSHIP
PROGRAM.. 1
CHARACTERISTICS OF NORTH CAROLINA PRIVATE
SCHOOLS2
OPPORTUNITY SCHOLARSHIP PROGRAM FUNDS DISBURSED
BY SCHOOLS. 22
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Appendix
Requirements for nonpublic schools participating
in school voucher/scholarship program
Jurisdiction
StateApproval or
Accreditationrequired
StateRequired
Curriculum
RequiredTeacher
Qualifications
Required
Participationin State
TestingProgram
Requires
same numberof days/hours
as publicschools
ArizonaAriz. Rev. Stat.
Ann. 15-
2402(B)(1)
Ariz. Rev. Stat.
Ann. 15-
802(G)(3)
ClevelandOhio Rev. Code
Ann.
3310.02(A)
Ohio Rev. Code
Ann. 3313.60
Ohio Rev. Code
Ann. 3319;
Ohio Admin.
Code 3301-35-05
Ohio Rev. Code
Ann.
3313.976(A)(11)
Ohio Rev. Code
Ann. 3321.07
D.C.D.C. Code 38-
202(d)D.C. Code 38-
202(b), (d)D.C. Code 38-
1853.07(a)(4)(F)D.C. Code 38-
1853.08(h)
D.C. Mun. Regs.
tit. 5-A,
A2100.3
IndianaInd. Code 20-
51-1-6(a)(3)
Ind. Code 20-
51-4-1(f)(5)(9)
511 Ind. Admin.
Code 6.1-6-
1(a)
Ind. Code 20-
51-1-4.7(5)
Ind. Code 20-
30-2-2, 3
LouisianaLa. Rev. Stat.
Ann.
17:4021(A)(1)
La. Rev. Stat.
Ann. 17:11,
17:4021
La. Rev. Stat.
Ann.
17:236(A)
La. Rev. Stat.
Ann. 17:4023
La. Rev. Stat.
Ann.
17:236(A)
MaineMe. Rev. Stat.
Ann. tit. 20-A,
5001-A(3)(A)(1)
Me. Rev. Stat.
Ann. tit. 20-A,
2901, 2902
Me. Rev. Stat.
Ann. tit. 20-A,
2902(5),
13003(1)(B)
Me. Rev. Stat.
Ann. tit. 20-A,
2951(6)
Me. Rev. Stat.
Ann. tit. 20-A,
2902(6)(A),
(B)
MilwaukeeWis. Stat. Ann.
119.23(2)(a)(7)
Wis. Stat. Ann.
118.165(d)
Wis. Stat. Ann.
119.23(2)(a)(6)
Wis. Stat. Ann.
119.23(7)(e)
Wis. Stat. Ann.
119.23(2)(a)(8)
North
Carolina
OhioOhio Rev. Code
Ann.
3310.02(A)
Ohio Rev. Code
Ann. 3313.60
Ohio Rev. Code
Ann. 3319;
Ohio Admin.
Code 3301-35-
05
Ohio Rev. Code
Ann.
3301.0711(K)(1)
(a), 3313.612,
3313.624,
3301.0710
Ohio Rev. Code
Ann. 3321.07
Vermont
Vt. Stat. Ann. tit.
16, 828; 7-1
Vt. Code R.
3:2224.1
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
WisconsinWis. Stat. Ann.
118.60(2)(a)(7)
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)
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Characteristics of
North Carolina
Private Schools
February 2014
A report issued by:
Childrens Law Clinic
Duke University School of Law
Durham, North Carolina
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Characteristics of North Carolina Private Schools Page 2
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. Theapplication 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 students1to 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.
1The 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.
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Characteristics of North Carolina Private Schools Page 3
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 Non-
Public 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 schools13 percent of
the totalenroll 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
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Characteristics of North Carolina Private Schools Page 4
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 20percent 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 SchoolBox 90360
Durham, NC 27708-0360
(919)613-7169
February 2014
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Characteristics of North Carolina Private Schools Page 5
Tables
1. Overall Characteristics of Private Schools ........................................................................... 6
2. Enrollment at North Carolina Private Schools ..................................................................... 7
3. Grade Levels Offered by Private Schools ............................................................................ 84. 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
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Characteristics of North Carolina Private Schools Page 6
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 thebreakdown of schools included in the directory.
Day Schools Boarding Schools Special Schools
Religious 455 17 8
Non-Religious 171 19 26
0
50
100
150
200
250
300
350
400
450
500
Overall Characteristics of Private Schools
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Characteristics of North Carolina Private Schools Page 7
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.
0: 1-20: 21-50: 51-100:101-
250:
251-
500:
501-
1000: >1000:
Schools Within Range 6 167 126 100 122 56 40 9
0
20
40
60
80
100
120
140
160
180
North Carolina Private School Enrollment
Numbers
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Characteristics of North Carolina Private Schools Page 8
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.
Elementary Schools Middle Schools High Schools
Number of Schools 570 528 420
0
100
200
300
400
500
600
Grade Levels Offered by Private Schools
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Characteristics of North Carolina Private Schools Page 9
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.
Elementary School Middle School High School
Average Tuition $6,445 $6,687 $7,060
$6,100
$6,200
$6,300
$6,400
$6,500
$6,600
$6,700
$6,800
$6,900
$7,000
$7,100
$7,200
Average Tuition in NC Private Schools
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Characteristics of North Carolina Private Schools Page 10
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.
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%
0.0%10.0%20.0%30.0%40.0%50.0%60.0%70.0%
80.0%90.0%
100.0%
Religious/Independent Schools by Tuition and
Grade Level
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Characteristics of North Carolina Private Schools Page 11
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 itcould be fully met with a voucher; or 2) charging the family for the tuition that exceeds
the voucher amount.
Yes Maybe No
Number of Schools 166 40 114
Percentage of Schools 51.9 12.5 35.6
0
20
40
60
80
100
120
140160
180
Number and Percentage of Private Schools that
Plan to Accept Vouchers
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Characteristics of North Carolina Private Schools Page 12
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. Responsescame from 270 elementary schools, 245 middle schools, and 187 high schools.
Accepting VouchersMaybe 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%
0.0%
10.0%20.0%
30.0%
40.0%
50.0%
60.0%
Of Schools with Tuition $4200, Percentage
Accepting Vouchers
Accepting VouchersMaybe 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%
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
Of Schools with Tuition >$4200, Percentage
Accepting Vouchers
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Characteristics of North Carolina Private Schools Page 13
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.
0% 1-25% 26-50% 51-75% 76-99% 100%
Number of Schools 57 43 28 20 34 105
Percentage of Schools 19.86 14.98 9.76 6.97 11.85 36.59
0
20
40
60
80
100
120
Teacher Certification Distribution
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Characteristics of North Carolina Private Schools Page 14
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.
0% Certified1-25%
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%
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
30.0%
35.0%
40.0%
Certified Teachers in Schools with
Tuition $4200
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Characteristics of North Carolina Private Schools Page 15
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 non-
public 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 ofElem/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.
YesSpecial School
AccreditationNo
Number of Schools 213 34 438
Percentage of Schools 31.1 5.0 63.9
0
50
100
150
200
250
300
350
400
450
500
Accreditation Status
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Characteristics of North Carolina Private Schools Page 16
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.
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%
0.0%
20.0%
40.0%
60.0%
80.0%
100.0%
120.0%
Accreditation Status by Tuition and Grade Level
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Characteristics of North Carolina Private Schools Page 17
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.
Yes No
Number of Schools 99 250
Percentage of Schools 28.37 71.63
0
50
100
150
200
250
300
Implementation of the North Carolina
Curriculum
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Characteristics of North Carolina Private Schools Page 18
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 asmostly, predominantly or majority. A total of 284 schools responded to this
question.
50-90% White 50-90% Black 90% White 90% Black OtherNumber 154 16 81 11 22
Percent 54.2 5.6 28.5 3.9 7.7
0
20
40
60
80
100
120
140160
180
Racial Composition
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Characteristics of North Carolina Private Schools Page 19
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 requirementsmeans that admittedstudents 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.
Discretionarymeans 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.
Religious
Qualification
Academic
Requirements
Excludes
Disabled
Children
Requires
DisabilityDiscretionary Behavioral Miscellaneous
Number 80 157 8 21 94 22 13
Percent 19.9 39.0 2.0 5.2 23.3 5.5 3.2
0
20
40
6080
100
120
140
160
180
Enrollment Criteria
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Characteristics of North Carolina Private Schools Page 20
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.
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Opportunity Scholarship Program
Funds Disbursed by School
School Students Funds Average Sch 9/29/2014
Alamance Christian School - Graham - NC 6 12,600 2,100
Al-Huda Academy - Durham - NC 2 4,200 2,100
Al-Iman School - Raleigh - NC 16 32,922 2,058
An-Noor School - Raleigh - NC 5 10,500 2,100
Avonlea Learning Community - Weaverville - NC 3 6,300 2,100
Bailey`s Grove Baptist School - Asheboro - NC 4 6,140 1,535
Bal-Perazim Christian Academy - Fayetteville - NC 16 33,600 2,100
Benaja Christian Academy - Reidsville - NC 3 3,650 1,217Berean Baptist Academy - Fayetteville - NC 6 12,600 2,100
Bethany Christian School - Thomasville - NC 2 2,562 1,281
Bethel Christian Academy - Kinston - NC 7 13,910 1,987
Bethel Christian Academy - Spruce Pine - NC 11 16,250 1,477
Bethesda Christian Academy - Durham - NC 3 6,300 2,100
Bible Baptist Christian School - Matthews - NC 4 8,400 2,100
Caldwell Academy - Greensboro - NC 5 10,500 2,100
Calvary Christian School - Wilmington - NC 1 2,100 2,100
Calvary Education Center - Lemon Springs - NC 5 8,420 1,684
Canterbury School - Greensboro - NC 1 2,100 2,100
Cape Fear Christian Academy - Erwin - NC 1 2,100 2,100
Carolina Baptist Academy - Reidsville - NC 3 4,349 1,450
Charlotte United Christian Acad - Charlotte - NC 1 2,100 2,100
Christian Faith Center Acad. - Creedmoor - NC 1 2,100 2,100
Community Baptist School - Reidsville - NC 5 10,488 2,098
Concord First Assembly Academy - Concord - NC 17 34,025 2,001
Concordia Christian Day Sch. - Conover - NC 1 2,100 2,100
Cornerstone Christian Academy - Fayetteville - NC 6 12,340 2,057
Cornerstone Christian Academy - Statesville - NC 1 2,100 2,100
Cramerton Christian Academy - Cramerton - NC 5 9,713 1,943
Created for You Learning Acad - Red Springs - NC 5 8,730 1,746
Crossroads Chr Sch of Statesville - Statesville - 4 8,400 2,100
Daniel Academy - Concord - NC 1 1,700 1,700
Dream Big Christian Academy K-12 - Dunn - NC 5 10,198 2,040
Emerson Waldorf School - Chapel Hill - NC 1 2,100 2,100
Faith Assembly Christian Academy - Durham - NC 3 5,090 1,697
Faith Assembly Christian Academy - Raleigh - NC 1 2,100 2,100Faith Christian School - Rocky Mount - NC 1 600 600
Fellowship Baptist Academy - Durham - NC 3 5,955 1,985
First Wesleyan Christian School - Gastonia - NC 3 6,120 2,040
Flaming Sword Christian Academy - Fayetteville - 2 4,200 2,100
Freedom Christian Academy - Fayetteville - NC 14 29,400 2,100
Gospel Light Christian School - Walkertown - NC 16 26,597 1,662
Grace Academy - Rockwell - NC 1 2,100 2,100
Greenfield School - Wilson - NC 1 2,100 2,100
Greensboro Islamic Academy - Greensboro - NC 43 90,300 2,100
Harvest Time Christian Academy - North Wilkesboro 1 2,095 2,095
Haw River Christian Academy - Pittsboro - NC 1 2,100 2,100
High Point Christian Academy - High Point - NC 10 21,000 2,100
Hobgood Academy - Hobgood - NC 1 2,100 2,100Holy Trinity Catholic Middle School - Charlotte - 1 2,100 2,100
Immaculate Heart of Mary Cath Sch - High Point - 2 4,200 2,100
Jarvisburg Christian Academy - Jarvisburg - NC 3 6,300 2,100
Johnathan`s House Chr School - Fayetteville - NC 11 23,100 2,100
Knowledge is Power Early Lrng Prog - Charlotte - 1 2,100 2,100
Lake Norman Christian School - Davidson - NC 3 6,300 2,100
Liberty Christian Academy - Richlands - NC 10 21,000 2,100
Living Water Christian School - Jacksonville - NC 1 1,770 1,770
Male Leadership Academy of Charlotte - Charlotte 1 2,100 2,100
Mintz Christian Academy - Roseboro - NC 1 2,100 2,100
Page 1 of 2
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Opportunity Scholarship Program
Funds Disbursed by School
Miracle Tabernacle Christian Sch - Roanoke Rapids 1 2,100 2,100
Mount Zion Christian Academy - Durham - NC 11 23,100 2,100
Mountain Island Day School - Charlotte - NC 6 12,600 2,100
National Child Care Institute - Matthews - NC 1 2,100 2,100
Neighbors Grove Christian Acad - Asheboro - NC 2 3,740 1,870
New Bern Christian Academy - New Bern - NC 3 6,300 2,100
New City Christian School - Asheville - NC 2 4,200 2,100
New Hope Christian Academy - Thomasville - NC 2 4,200 2,100
New Life Christian Academy - Rocky Mount - NC 3 4,950 1,650Northside Christian Academy - Charlotte - NC 5 10,500 2,100
Oasis Performing Arts School - Charlotte - NC 4 8,400 2,100
Our Lady of Assumption Cath Sch - Charlotte - NC 4 8,400 2,100
Our Lady Perpetual Help Cath Sch - Rocky Mount - 1 2,100 2,100
Pope John Paul II Catholic School - Southern Pine 1 2,100 2,100
Raleigh Christian Academy - Raleigh - NC 8 16,800 2,100
Rhema Christian Academy - Goldsboro - NC 4 7,800 1,950
Rockfish Christian Academy - Raeford - NC 3 6,300 2,100
Rockwell Christian School - Rockwell - NC 3 5,313 1,771
Rocky Mount Academy - Rocky Mount - NC 1 2,100 2,100
Sacred Heart Catholic School - Salisbury - NC 2 4,200 2,100
Salem Academy - Winston-Salem - NC 1 2,100 2,100
Scotland Christian Academy - Laurinburg - NC 3 4,530 1,510
Shining Light Academy - Greensboro - NC 2 4,188 2,094
Shining Light Baptist Academy - Monroe - NC 4 8,400 2,100
South Charlotte Baptist Academy - Pineville - NC 8 16,800 2,100
Southpoint Academy - Durham - NC 6 10,500 1,750
St. Ann Catholic School - Fayetteville - NC 6 12,537 2,090
St. Mary Catholic School - Goldsboro - NC 2 4,200 2,100
St. Paul Catholic Educ Cntr - New Bern - NC 5 10,500 2,100
St. Pius X Catholic School - Greensboro - NC 4 8,400 2,100
St. Raphael`s Catholic School - Raleigh - NC 5 10,500 2,100
Star Christian Academy - Smithfield - NC 7 14,250 2,036
Stedman Christian Academy - Stedman - NC 3 6,207 2,069
Stevens Prep Academy - Raleigh - NC 1 2,100 2,100
Tabernacle Christian School - Monroe - NC 17 35,189 2,070
Teaching Achieving Students Acad - Charlotte - NC 3 6,300 2,100Temple Christian School - Rockingham - NC 4 6,480 1,620
Triad Baptist Christian Academy - Kernersville - 2 3,890 1,945
Tri-City Adventist JR Academy - High Point - NC 16 32,483 2,030
Trinity Christian School - Fayetteville - NC 18 37,800 2,100
Union Grove Christian School - Lexington - NC 2 3,174 1,587
Unity Christian Academy - Chocowinity - NC 2 4,200 2,100
Upper Room Christian Academy - Raleigh - NC 13 27,300 2,100
Vandalia Christian School - Greensboro - NC 1 2,100 2,100
Victory Christian Academy - Gastonia - NC 13 27,171 2,090
Victory Christian Center School - Charlotte - NC 13 27,246 2,096
Wake Christian Academy - Raleigh - NC 6 12,600 2,100
Westchester Country Day School - High Point - NC 1 2,100 2,100
Willow Tree Community School - Boiling Springs - 2 4,119 2,060Winston Salem Christian School - Winston-Salem - N 13 27,300 2,100Word of God Christian Academy - Raleigh - NC 26 54,600 2,100
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