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08-03-2012, 01:00 PM
Catholic Schools, Charter Schools, and Urban Neighborhoods

Margaret F. Brinig & Nicole Stelle Garnett





INTRODUCTION

This Article addresses previously unstudied implications of two

dramatic shifts in the American educational landscape. The first shift

is the rapid disappearance of urban Catholic schools. More than

1,600 Catholic elementary and secondary schools, most of them

located in urban neighborhoods, have closed during the last two

decades.1 The Archdiocese of Chicago alone (the subject of our

study) has closed 148 schools since 1984.2 Since the economic and

demographic realities underlying urban Catholic school closures

persist, this trend likely will continue and even accelerate in coming

years. The second shift is the rise of charter schools. In 2010 more

than 1.7 million children were enrolled in 5,400 charter schools in the

United States.3 During the 2009–10 school year, there were

† Fritz Duda Family Chair in Law, University of Notre Dame Law School.

†† Professor of Law, University of Notre Dame Law School.

We are particularly indebted to Sister Mary Paul McCaughey, OP, Superintendent of

Catholic Schools, Archdiocese of Chicago, for her invaluable insights. We received many

helpful comments at the symposium on Understanding Education in the United States: Its

Legal and Social Implications, held at the University of Chicago Law School on June 17 and

18, 2011. Alison Curran, Peter Reed, and Michael Wilde provided excellent research

assistance.

1 See Richard W. Garnett, Treasure A.C.E., Natl Rev Online (Sept 10, 2008), online at

http://www.nationalreview.com/articles/225595/treasure-c-e/richard-w-garnett (visited Oct 21,

2011). See also Peter Meyer, Can Catholic Schools Be Saved?, 7 Educ Next 12, 16 (Spring 2007);

Sol Stern, Save the Catholic Schools!, 17 City J 74, 74–76 (Spring 2007); Mary Ann Zehr, Catholic

Schools’ Mission to Serve Needy Children Jeopardized by Closings, 26 Educ Wk 16–17 (Mar 8,

2005).

2 Paul Simons, Closed School History: 1984–2004 *2 (Office of Catholic Schools

Archdiocese of Chicago 2004), online at http://www.illinoisloop.org/cath_closed_school_84

_04.pdf (visited Oct 21, 2011).

3 All about Charter Schools: Quick Facts (Center for Education Reform 2011), online at

http://www.edreform.com/issues/choice-charter-schools/facts/ (visited Oct 21, 2011).

32 The University of Chicago Law Review [79:31

104 charter schools in the city of Chicago,4 24 of which opened during

the period of our study.5

Although we are intrigued by the questions raised by the

extensive literature on Catholic and charter schools’ strengths as

educational institutions,6 we do not address them here. Instead, we

raise new questions about how Catholic and charter schools function

as community institutions. These questions are important ones.

Catholic schools are vanishing from the urban neighborhoods where

they have operated for decades—in some cases, for over a century—

and are being replaced by educational institutions that did not exist

anywhere in the United States two decades ago.7 Yet virtually

nothing is known about the impact the transition will have on urban

neighborhoods, many of which already struggle with disorder, crime,

and poverty.

This is the third in a series of papers exploring the effects of

Catholic school closures on urban neighborhoods. In previous studies,

we linked Catholic school closures to increased disorder and crime,

4 Illinois Network of Charter Schools, Illinois Public Charter Schools: Profiles 1 (2010),

online at http://incschools.org/docs/INCS_SchoolProfiles2010_Final.pdf (visited Oct 21, 2011).

5 See Office of New Schools, 2009–2010 Charter and Contract Schools Performance

Report (Chicago Public Schools 2010), online at http://www.cps.edu/NewSchools/Documents

/2009-2010_PerformanceReport.pdf (visited Oct 21, 2011).

6 Numerous scholars have demonstrated that Catholic schools tend to outperform their

public counterparts, especially at the challenging task of educating underprivileged minority

students. See, for example, Andrew M. Greeley, Catholic High Schools and Minority

Students 108 (Transaction Books 1982); James S. Coleman, Thomas Hoffer, and Sally Kilgore,

High School Achievement: Public, Catholic, and Private Schools Compared 143–46 (Basic

Books 1982). Scholars are divided about whether charter schools outperform traditional public

schools. See Julian R. Betts and Y. Emily Tang, Value-Added and Experimental Studies of the

Effect of Charter Schools on Student Achievement: A Literature Review 26 (Washington Bothell

2008), online at http://www.crpe.org/cs/crpe/download/csr_files/pub_ncsrp_bettstang_dec08.pdf

(visited Oct 21, 2011); Multiple Choice: Charter School Performance in 16 States 1 (Stanford

June 2009), online at http://credo.stanford.edu/reports/MULTIPLE_CHOICE_CREDO.pdf

(visited Dec 31, 2011). The available evidence suggests charter schools in Chicago do

outperform Chicago public schools. See Achievement and Attainment in Chicago Charter

Schools 21 (RAND 2009), online at http://www.rand.org/content/dam/rand/pubs/technical

_reports/2009/RAND_TR585-1.pdf (visited Oct 21, 2011) (comparing data from Chicago

public schools and Chicago charter schools and concluding “as with [high school] graduation

and college enrollment, results suggest that, for the average charter eighth-grader, attending a

charter [high school] may have positive effects on ACT scores”); Caroline M. Hoxby and

Jonah E. Rockoff, Findings from the City of Big Shoulders: Younger Students Learn More in

Charter Schools, 5 Educ Next 52, 58 (Fall 2005) (comparing Chicago’s public and charter

schools and concluding that “among students who enter in a typical grade, attending a charter

school improves reading and math scores by an amount that is both statistically and

substantively significant”).

7 Chester E. Finn Jr, Bruno V. Manno, and Gregg Vanourek, Charter Schools in Action:

Renewing Public Education 18 (Princeton 2000).

2012] Catholic Schools, Charter Schools, and Urban Neighborhoods 33


and decreased social cohesion, in Chicago neighborhoods.8 This

Article turns to two questions left unanswered in our previous

investigations. First, because we have focused exclusively on school

closures, we remain uncertain whether our results reflect the

beneficial effects of open Catholic schools rather than the negative

effects of school closures. Second, since we have thus far focused only

on Catholic schools, we cannot know whether other kinds of schools

generate similar positive externalities. In this Article, we begin to

answer these questions by comparing the effects of open Catholic and

charter schools on crime rates. Relying on police-beat-level data

provided in Chicago, we find that that police beats with open Catholic

schools have lower rates of serious crime than those without them, and

that open charter schools appear to have no statistically significant

effect on crime. All of these findings hold true even after we control

for numerous demographic variables that would tend to predict

neighborhood decline.

Our findings—that the presence of a Catholic school in a police

beat appears to suppress crime and the presence of a charter school

does not—are important for two related reasons. First, charter

schools are not only growing at an exponential rate but, as the

Catholic school sector contracts, they are coming to replace Catholic

schools as the schools of choice in urban neighborhoods. In many

cases (including fourteen schools in this study), charter schools also

are physically replacing Catholic schools by operating in closed

Catholic school buildings. Second, in education-reform debates,

charter schools frequently are cited as a means of capturing the

benefits of school choice without enlisting private schools through

voucher and tax-credit programs, which arguably threaten both to

drain public school resources and to undermine public values.9 Our

findings, in contrast, suggest that charter schools may be imperfect

substitutes for “complete” school choice. Charter schools may fill the

educational void left by Catholic schools’ disappearance from our

cities—a possibility about which we remain dubious—but, at least

thus far, they do not appear to replicate Catholic schools’ positive

community benefits. A more complete menu of school-choice

options might help preserve these benefits by stemming the tide of

Catholic school closures.

8 See Margaret F. Brinig and Nicole Stelle Garnett, Catholic Schools, Urban

Neighborhoods, and Education Reform, 85 Notre Dame L Rev 887, 953 (2010); Margaret F.

Brinig and Nicole Stelle Garnett, Catholic Schools and Broken Windows, 9 J Empirical Legal

Stud *49 (forthcoming 2012), online at http://ssrn.com/abstract=1564254 (visited Oct 21, 2011).

9 See David Brooks, The Quiet Revolution, NY Times A35 (Oct 23, 2009).

34 The University of Chicago Law Review [79:31

I. PREVIOUS INVESTIGATIONS

In our previous studies, we sought to measure the effects of

Catholic school closures on perceived disorder, perceived social

cohesion, and crime in Chicago neighborhoods. In our initial study,

we relied upon survey data collected for the Project on Human

Development in Chicago Neighborhoods (PHDCN) to measure the

effects of Catholic school closures on perceived disorder and

perceived social cohesion in Chicago neighborhoods.10 In 1994 and

1995, the PHDCN surveyed approximately four thousand Chicago

residents about perceived levels of neighborhood crime, disorder,

and social cohesion.11 After matching each of the 130 Catholic

elementary schools that closed in the city of Chicago between 1984

and 1994 to the PHDCN data, we estimated the effects of a Catholicschool

closure using two-stage least squares regression analysis, a

method that enabled us both to control for numerous demographic

variables and to employ variables predicting school closures

unrelated to demographics.12 Our analysis linked school closures to

neighborhood social cohesion and increased neighborhood

disorder.13

In our second study, we conducted a latent growth analysis of

effects of Catholic-school closures between 1990 and 1996 on the rate

of serious crime in police beats between 1999 and 2005.14 While crime

decreased across the city of Chicago during this period, our analysis

suggested that Catholic-school closures affected the slope of the

decline.15 That is, “crime decreased more slowly between 1999 and

2005 in police beats where Catholic schools closed between 1990 and

1996.”16 As in our initial study, we incorporated a variable—the parish

leadership characteristics that we describe briefly below—to disaggregate

school-closure decisions from neighborhood demographics.17

10 See Brinig and Garnett, 85 Notre Dame L Rev at 902 (cited in note 8).

11 See Robert J. Sampson and Stephen W. Raudenbush, Systematic Social Observation of

Public Spaces: A New Look at Disorder in Urban Neighborhoods, 105 Am J Soc 603, 619–20, 637

(1999).

12 See Brinig and Garnett, 85 Notre Dame L Rev at 923 (cited in note 8).

13 Id at 924–28.

14 Brinig and Garnett, 9 J Empirical Legal Stud at *1–6 (cited in note 8).

15 Id at *3.

16 Id.

17 Id at *13–17.

2012] Catholic Schools, Charter Schools, and Urban Neighborhoods 35


II. CATHOLIC SCHOOLS AND CHARTER SCHOOLS:

A BRIEF OVERVIEW

Before turning to the empirical questions at the heart of this

investigation, we provide a brief overview of the two distinct

institutional forms we study—Catholic schools and charter schools.

A. Urban Catholic Schools

Traditionally, almost all Catholic elementary schools (the

subject of our study) were “parochial.” That is, they were operated

by a Catholic parish led by a Catholic priest, known as the pastor,

who is the chief operating officer for all parish operations, including

the school.18 In the late nineteenth century, Catholic bishops,

responding to widespread nativism and Protestant indoctrination in

the public schools, began to demand that every parish build and

support a school and that all parish members enroll their children in

it.19 As a result, by the middle of the twentieth century, most major

American cities were densely blanketed with Catholic schools. As

political scientist Gerald Gamm has demonstrated, urban Catholics’

attachments to their parishes and schools fostered a strong

geographic “rootedness” that caused them to suburbanize later, and

to resist racial integration more strenuously, than other white urban

residents.20

By the late 1960s, however, shifting urban demographics and

labor-force realities began to threaten the viability of the parochial

school model, at least in urban areas.21 Historically, parochial schools

were entirely funded by the parish and staffed almost entirely by

religious sisters (nuns) who labored for little more than what one

commentator has called a “token wage.”22 In the 1960s, however,

religious vocations plummeted at the same time that Catholics

suburbanized en masse, causing parochial schools to experience

dramatic increases in labor costs just as collection revenues declined

precipitously.23 Gradually, schools built to educate working-class

Catholic children began to assume the role of educating poor, and

18 See Anthony S. Bryk, Valerie E. Lee, and Peter B. Holland, Catholic Schools and the

Common Good 148–65 (Harvard 1993).

19 Id at 23–33.

20 Gerald Gamm, Urban Exodus: Why the Jews Left Boston and the Catholics Stayed 129,

237–47 (Harvard 1999).

21 See John T. McGreevy, Parish Boundaries: The Catholic Encounter with Race in the

Twentieth-Century Urban North 236 (Chicago 1996).

22 Id at 10, 236.

23 Id at 234–40.

36 The University of Chicago Law Review [79:31

frequently non-Catholic, children.24 Dioceses were forced to take on

more of the financial burden of operating urban parish schools at the

same time they were obligated to build new schools to serve

suburbanizing Catholics. At a more retail level, some priests began

to view schools as an unnecessary burden, especially as the non-

Catholic student population increased.25 The urban parochial model

began to unravel, and dioceses began to close schools in large

numbers.26

Between 1984 and 2004, the Archdiocese of Chicago closed

130 elementary and 18 secondary schools.27 In some cases, several

schools closed in the same neighborhood—not surprisingly, given the

density of schools that historically served different ethnic

populations.28 Despite the many closures, the Archdiocese still

operates the largest nonpublic school system in the country, with 218

elementary schools and 40 high schools enrolling over 96,000

students.29 Most of the elementary schools continue to be operated by

parishes, although the Archdiocese retains supervisory authority

over them and substantially subsidizes many of them, either directly

or through a private philanthropic organization known as the Big

Shoulders Fund.30

B. Charter Schools

Although charter schools have roots in a number of older

reform ideas, they have existed in their current form for less than

two decades,31 and the first charter schools in Chicago opened in

1997.32 Charter schools are public-private hybrids.33 Charter schools

resemble public schools since they are open to all who wish to

attend, tuition free, and secular. Charter schools also are more

accountable than private schools and, arguably, even more than

24 Id at 241–42. See also Bryk, Lee, and Holland, Catholic Schools at 52 (cited in note 18).

25 See McGreevy, Parish Boundaries at 236–40 (cited in note 21).

26 See Brinig and Garnett, 85 Notre Dame L Rev at 892–903 (cited in note 8).

27 See Simons, Closed School History at *2 (cited in note 2).

28 See id.

29 See Office of Catholic Schools, Facts about the Catholic Schools in the Archdiocese of

Chicago (Archdiocese of Chicago 2009), online at http://schools.archchicago.org/public

/factsheet.shtm (visited Oct 21, 2011).

30 See Facts & Accomplishments (Big Shoulders Fund 2010), online at http://

www.bigshouldersfund.org/content/?s=477&s2=484&p=491&t=Facts-&-Accomplishments

(visited Oct 21, 2011).

31 See Finn, Manno, and Vanourek, Charter Schools in Action at 13–22 (cited in note 7).

32 See Office of New Schools, 2008–09 Charter and Contract Schools Performance

Report 1 (Chicago Public Schools 2009), online at http://www.cps.edu/NewSchools/Documents

/2008-2009_PerformanceReport.pdf (visited Oct 21, 2011).

33 Id at 5.

2012] Catholic Schools, Charter Schools, and Urban Neighborhoods 37


traditional public schools, because underperforming charter schools

are more likely to be closed.34 Charter schools also have attributes of

private schools. They are created by private entrepreneurial action—

the request of a private entity (the charter “operator”) for

permission to open a school from a governmental entity (the charter

“sponsor”). Like private schools, charter schools also enjoy

operational autonomy from local school officials (although the

precise extent of the autonomy depends upon state law).35 And, like

private schools, they are schools of choice—that is, parents select

them for their children much as they would a private school.36

While many charter schools focus on values or character

education, and some are structured around cultural themes with

religious overtones,37 an important legal feature distinguishing

charter and private schools is that charter schools are secular.38

Despite this restriction, a number of Catholic dioceses have, or are

considering, “converting” Catholic elementary schools to secular

charter schools rather than closing them.39 Since many states prohibit

charter schools from being operated by, or being affiliated with,

religious institutions, and a handful expressly prohibit the conversion

of all private schools to charter schools,40 dioceses must create or

contract with secular charter operators to operate the “converted”

schools.41 Although the Archdiocese of Chicago has not intentionally

34 See Andrew J. Rotherham and Richard Whitmire, Close Underperforming Charter

Schools, Reward Those That Work, US News & World Rep (June 17, 2009), online at

http://www.usnews.com/opinion/articles/2009/06/17/close-underperforming-charter-schoolsreward-

those-that-work (visited Oct 21, 2011).

35 See Finn, Manno, and Vanourek, Charter Schools in Action at 127–47 (cited in note 7).

36 Minnesota enacted the first charter school law in 1991. See id at 18–22.

37 For examples of such schools, see generally National Heritage Academies, Our

Approach (2011), online at http://www.nhaschools.com/About-Us/Pages/Our-Approach.aspx

(visited Oct 21, 2011); Great Hearts Academies, Great Hearts Academies, online at

http://greatheartsaz.org (visited Oct 12, 2011).

38 See Benjamin Siracusa Hillman, Note, Is There a Place for Religious Charter Schools?,

118 Yale L J 554, 560 (2008). See also Sarah Lemagie, ACLU Settles with State, School Sponsor:

TiZA, A Charter School Accused of Promoting Religion in Violation of the Constitution, Has

Not Reached an Agreement with the ACLU, Star Trib 1B (Feb 8, 2011); Abby Goodnough,

Hebrew Charter School Spurs Florida Church-State Dispute, NY Times A1 (Aug 24, 2007).

39 See, for example, God and Times Tables, Economist 38 (May 15, 2010); Catholic

Schools Get Final OK to Become Charters, Indianapolis Bus J Online (Apr 8, 2010), online at

http://www.ibj.com/catholic-schools-get-final-ok-to-become-charters/PARAMS/article/19166

(visited Oct 21, 2011); Javier C. Hernandez, City Tries New Tactic to Convert Catholic Schools

to Charter Schools, NY Times A22 (Apr 22, 2009); Bill Turque, 7 Catholic Schools in D.C. Set

to Become Charters: Funding Sources Are Still Unclear, Wash Post B01 (June 17, 2008).

40 See, for example, Hernandez, City Tries New Tactic, NY Times at A22 (cited in note 39).

41 See Andy Smarick, Catholic Schools Become Charter Schools: Lessons from the

Washington Experience 9–14 (Seton Education Partners 2009), online at http://

www.setonpartners.org/Seton_DC_Case_Study_FINAL.pdf (visited Oct 21, 2011); Dana

Brinson, Turning Loss into Renewal: Catholic Schools, Charter Schools, and the Miami

38 The University of Chicago Law Review [79:31

converted any of its schools to charter schools, a number of Chicago

charter schools do operate in buildings that formerly housed

Catholic schools, fourteen of which are included in our study.42

During the 2009–10 school year, there were 104 charter schools

(or, technically, 38 charters school operating on 104 campuses) in

Chicago.43 Twenty-eight of these schools opened during the period of

our study.44 These schools are institutionally diverse. They include

elementary schools, junior high schools, and secondary schools, as

well as nontraditional age groupings (for example, grades 6–12).45 At

least two are single-sex schools,46 and several have themed curricula.47

Charter schools enroll a higher proportion of African American

students (65 percent)48 than does the district as a whole (45 percent),49

and a smaller proportion of Hispanic, white, and Asian students.50

Chicago’s charter schools also enroll a slightly higher proportion of

low-income students (85.6 percent)51 than does the Chicago Public

Schools as a whole (83.3 percent).52 The Chicago Public Schools

reports that 63.4 percent of charter school students are “from the

neighborhood.”53

III. CHARTER SCHOOLS, CATHOLIC SCHOOLS, AND CRIME

In this Part, we turn to two questions raised, but unanswered, by

our previous findings. First, we seek to understand whether—as we

Experience 3 (Seton Education Partners 2010), online at http://publicimpact.com/publications

/Seton_Miami_Case_Study.pdf (visited Oct 21, 2011).

42 See Peter Meyer, Catholic Ethos, Public Education: How the Christian Brothers Came

to Start Two Charter Schools in Chicago, 11 Educ Next 40, 43–45 (Spring 2011).

43 Illinois Network of Charter Schools, Illinois Public Charter Schools: Profiles at 1 (cited

in note 4).

44 See id at 2–17.

45 See id.

46 See id at 15, 17.

47 See, for example, Illinois Network of Charter Schools, Illinois Public Charter Schools:

Profiles at 12, 15 (cited in note 4) (describing Prairie Crossing Charter School as “an

environmentally themed school” and Springfield Ball Charter School as having “a theme of

literacy and numeracy”).

48 See id at 1.

49 See Office of New Schools, 2009–2010 Charter and Contract School Performance

Report at *2 (cited in note 5).

50 Compare Illinois Network of Charter Schools, Illinois Public Charter Schools: Profiles

at 1 (cited in note 4), with Office of New Schools, 2009–2010 Charter and Contract School

Performance Report at *2 (cited in note 5).

51 See Julie Woestehoff and Monty Neill, Chicago School Reform: Lessons for the

Nation *39 (Parents United for Responsible Education 2007), online at http://pureparents.org

/data/files/Final report.pdf (visited Oct 21, 2011).

52 See Office of New Schools, 2009–2010 Charter and Contract School Performance

Report at *2 (cited in note 5).

53 See Office of New Schools, 2008–09 Charter and Contract Schools Performance Report

at 5 (cited in note 32).

2012] Catholic Schools, Charter Schools, and Urban Neighborhoods 39


strongly suspect—open Catholic schools suppress neighborhood

crime or, alternatively, whether the negative effects of Catholic

school closings result from the loss of a community institution. This

distinction is an important one. A finding that an open Catholic

school is associated with lower crime rates in a police beat would

support our suspicion that Catholic schools generate social capital. It

would also provide concrete evidence that Catholic schools behave

differently for neighborhoods than public schools, since other

scholars have demonstrated a link between open public schools and

increased crime.54 Alternatively, if our findings reflect loss effects we

might tend to suspect that that the losses of other kinds of

community institutions might also erode neighborhood social

controls. In order to test the effects of open Catholic schools on

crime rates, we use regression analysis to compare the rates of crime

in police beats with Catholic schools to those without them.

Second, we seek to begin to understand whether we have been

finding “Catholic school effects” rather than simply “school effects.”

Here, we add charter schools to our analysis, for several reasons.

Charter schools are imperfect proxies for public schools, especially in

Chicago, where many charter schools function as neighborhood

schools.55 In contrast to traditional public schools, moreover, charter

schools are not present in many police beats, making a comparison

between beats with and without schools possible. Moreover, charter

schools drive Catholic-school closures both because they compete

with Catholic schools,56 and because, as Archdiocesan officials

emphasized in our discussions, the revenue from leasing Catholic

school buildings to charter operators incentivizes some pastors to

lobby for school closures.57 Charter schools are frequently offered by

some as an alternative to school choice programs that might stem the

tide of Catholic-school closures. Finally, charter schools fill the

educational void left when Catholic schools close—and they also

frequently fill the physical space once occupied by closed Catholic

schools. For example, a spokesperson for the Archdiocese of Detroit

recently estimated to one of us that approximately 90 percent of the

54 See Dennis W. Roncek and Antoinette LoBosco, The Effect of High Schools on Crime

in Their Neighborhoods, 64 Soc Sci Q 598, 609–10 (1983). See also Dennis W. Roncek and

Donald Faggiani, High Schools and Crime: A Replication, 26 Sociological Q 491, 501 (1985).

55 See Finn, Manno, and Vanourek, Charter Schools in Action at 17 (cited in note 7).

56 See Samuel G. Freedman, Lessons from Catholic Schools for Public Educators, NY

Times A17 (May 1, 2010).

57 Interview with Sister Mary Paul McCaughey, Superintendent of Catholic Schools,

Archdiocese of Chicago (Mar 20, 2009) (“McCaughey interview”) (on file with authors).

40 The University of Chicago Law Review [79:31

Archdiocese’s closed Catholic-school buildings are currently

occupied by charter schools.58

Our analysis tends to confirm our suspicion that we are finding a

“Catholic school effect” on neighborhood health. We find that beats

with Catholic schools have consistently lower rates of serious crime

and, in contrast, that charter schools are not correlated in a

statistically significant way with crime rates in either direction.

A. Data

We rely on multiple sources of data. The Archdiocese of Chicago

provided information on closed and open Catholic schools, including

their location, name, and parish affiliation. For detailed information

about parish and school leaders, we relied upon The Official Catholic

Directory.59 Information on clergy abuse came from an official

Archdiocesan report,60 from a “victims’ rights” organization that

collects accusations (including unsubstantiated ones),61 and from

newspaper accounts. Data on charter schools came from the Chicago

Public Schools’ Office of New Schools and from the Illinois Network

of Charter Schools.62 To parallel our information on Catholic schools,

we restricted our analysis to charter elementary schools located in the

city of Chicago proper. We excluded high schools as well as

freestanding middle schools. Demographic information comes from

the 2000 census, and the Chicago Police Department provided data on

the incidence of six major crimes (aggravated assault, aggravated

battery, murder, burglary, robbery, and aggravated sexual assault) at

the police-beat level from 1999–2005.63

58 See also Marisa Schultz, DPS Schools Get New Life as Charters: But Critics Say Their

Lure Costs District Money, Detroit News A6 (Oct 2, 2010); Michelle Martin, Charter Schools

Not “Catholic,” Catholic New World (May 27, 2001), online at http://www.catholic

newworld.com /archive/cnw2001/052701/charter_052701.html (visited Oct 21, 2011).

59 Official Catholic Directory 1999–2005 (P.J. Kenedy & Sons 2005) (providing yearly

updated archdiocesan entries approved by each archdiocese).

60 Archdiocesan Priests with Substantiated Allegations of Sexual Misconduct with Minors

(Archdiocese of Chicago 2011), online at http://www.archchicago.org/c_s_abuse/report_032006

/list.pdf (visited Oct 21, 2011).

61 BishopAccountability.org: Documenting the Abuse Crisis in the Roman Catholic

Church (2011), online at http://www.bishop-accountability.org/Who_We_Are/ (visited Oct 21,

2011).

62 See Office of New Schools (Chicago Public Schools 2011), online at http://www.cps.edu

/newschools/Pages/ONS.aspx (visited Oct 21, 2011); Illinois Network of Charter Schools,

Alphabetical Directory (2011), online at http://incschools.org/charters/find_a_charter_school

/full_list (visited Oct 21, 2011).

63 These are all serious (Part I) crimes collected yearly by the Department of Justice and

published as Uniform Crime Reports. See National Atlas of the United States, Summary of the

Uniform Crime Reporting Program (2011), online at http://www.nationalatlas.gov

/articles/people /a_crimereport.html (visited Oct 21, 2011). See also Federal Bureau of

2012] Catholic Schools, Charter Schools, and Urban Neighborhoods 41


B. Explaining School Closures and Openings

We recognize the obvious endogeneity problem we face—that

is, the same factors that predict the location of charter and Catholic

schools also might affect crime rates. In order to separate

demographics and school locations, we sought in our previous

studies to identify variables predicting Catholic-school closures that

were unrelated to neighborhood demographics (or other things

closely associated with crime).64 To do so, we began by asking

Archdiocesan officials what factors drove school closures. While

school-closure decisions are complex, the superintendent of Catholic

Schools, Sister Mary Paul McCaughey, emphasized that, for

struggling schools, the most important factor predicting whether a

school closed was the support of the pastor.65 As she explained, while

school-closure decisions are centralized, the Archdiocese tends to

defer to the pastor’s wishes.66 Pastors who wish to “unload” a school

often get their way,67 and pastors who rally to the school’s defense

often are given a second chance to save it. We therefore directed our

attention to the pastors of the parishes with elementary schools and

found, as she predicted, that certain parish leadership characteristics

were strongly connected with school closings—more so than

neighborhood demographics.68

We do not employ these variables here, however, since we

cannot identify similar variables explaining charter schools’

locations. We assume that charter schools open for many reasons

and that some charter-school operators intentionally locate in poor

urban neighborhoods where crime is more prevalent. To avoid

comparing apples to oranges, we chose not to employ the previously

identified school-closure variables (although they remain predictive

of closures here). This choice limits the strength of our findings,

making it impossible to demonstrate causation—although we

Investigation, Uniform Crime Reports (Department of Justice 2011), online at http://

www.fbi.gov/about-us/cjis/ucr/ucr (visited Oct 21, 2011).

64 See Brinig and Garnett, 9 J Empirical Legal Stud at *13–15 (cited in note 8).

65 See id at *12–13.

66 See id.

67 Id at *13.

68 These include irregularity in parish leadership, meaning that the pastor had been

replaced with a temporary administrator or that a priest at the parish had been accused of sex

abuse. The other characteristic predicting closings was the pastor’s age, although this factor

just missed statistical significance for later closures. Since neither parish “irregularity” nor age

would seemingly have anything to do with demographics or neighborhood crime, we were

comfortable concluding that the parish leadership variables are an appropriate way to address

the endogeneity problem. See Brinig and Garnett, 9 J Empirical Legal Stud at *11–16 (cited in

note 8); Brinig and Garnett, 85 Notre Dame L Rev at 912–20 (cited in note 8).

42 The University of Chicago Law Review [79:31

emphasize our regression analysis does control for neighborhood

demographics.

C. Catholic- and Charter-School Effects on Crime

In controlling for demographics, we include the same

characteristics found by a host of other researchers to explain crime

in Chicago.69 We then matched schools, census tracts, and police

beats using ArcGIS—a mapping program.70 As Table 1 indicates, in

2004, there were Catholic schools in eighty-four distinct police beats

and charter elementary schools in twenty-eight distinct police beats.

Fourteen charter schools were located in closed Catholic schools.

69 See, for example, Andrew V. Papachristos, Tracey L. Meares, and Jeffrey Fagan,

Attention Felons: Evaluating Project Safe Neighborhoods in Chicago, 4 J Empirical Legal

Stud 223, 240 table 1 (2007).

70 The number of census tracts in each beat varied from three to twenty-three, with an

average of more than ten per beat. Visual inspection of these tract-beat matches revealed that

it was nearly impossible to choose a majority or typical tract for many beats, so we included

them all to eliminate subjectivity. One beat (3100) had no people living in it, so the data was

simply excluded, leaving us with 2,902 tract/beat observations for which there were both crime

and census information. Beat 1611 had two Catholic schools but was entered only once for

each tract. Beat 922 had two charters located in one closed school, but again it was entered

only once for each tract.

2012] Catholic Schools, Charter Schools, and Urban Neighborhoods 43


TABLE 1. DESCRIPTIVE STATISTICS

N Minimum Maximum Mean

Standard

Deviation

Charter school (28 distinct

police beats/tracts as

of 2004)

2902 0.00 1.00 0.0096 0.09777

Charter school located in

closed Catholic School

(14 distinct police

beats/tracts as of 2004)

2902 0.00 1.00 0.0048 0.06930

Open Catholic school

(as of 2004, 84 distinct

police beats/tracts)

2902 0.00 1.00 0.0283 0.16573

Total population (2000) 2900 0 15359 3597.01 2671.046

Share of population that is

white (2000)

2900 0.0000 1.0000 0.387388 0.3447462

Share of population that is

nonwhite (2000)

2900 0.0000 1.0000 0.612612 0.3447462

Share of population that is

foreign born (2000)

2900 0.0000 0.7388 0.174533 0.1760852

Share living in same

household 5 years (2000)

2900 0.0000 1.0000 0.537996 0.1638469

Percent in labor force (2000) 2900 0.0000 1.0000 0.590173 0.1396101

Percent below poverty line 2900 0.0000 0.9269 0.219373 0.1599469

Percent ages 15–25 2900 0.0000 0.7047 0.150064 0.0668530

Percent living in rental

housing (2000)

2900 0.0000 1.0000 0.578107 0.2260260

Percent female headed

households (2000)

2900 0.0000 1.0000 0.429929 0.2108200

Percent linguistically isolated

(2000)

2900 0.0000 .6667 0.092068 0.1149682

Median income (2000) ($) 2893 0 127221 37142.81 17830.074

Percent households on public

assistance (2000)

2900 0.0000 1.0000 0.094825 0.1099266

Share of population that is

black (2000)

2898 0.0000 1.0000 0.438765 0.4357780

Share of population that is

Hispanic (2000)

2898 0.0000 1.0000 0.221450 0.2837054

Total crime 1999 2815 0.00 599.00 286.5805 106.73678

Total crime 2000 2829 0.00 546.00 273.8996 99.65107

Total crime 2001 2829 1.00 543.00 260.1467 101.41132

Total crime 2002 2829 40.00 555.00 235.3241 94.63097

Total crime 2003 2829 36.00 568.00 221.8271 93.57419

Total crime 2004 2829 24.00 550.00 221.7236 95.05772

44 The University of Chicago Law Review [79:31

N Minimum Maximum Mean

Standard

Deviation

Total crime 2005 2829 33.00 569.00 253.7656 99.82036

Crime rate 1999 2785 0.00 2685.71 26.2389 110.71567

Crime rate 2000 2799 0.00 3100.00 25.3433 112.12574

Crime rate 2001 2799 0.00 1892.86 18.1555 81.02117

Crime rate 2002 2799 0.28 1671.43 17.1429 71.25692

Crime rate 2003 2799 0.36 1514.29 16.1274 68.99457

Crime rate 2004 2799 0.32 1992.86 14.9863 66.69850

Crime rate 2005 2799 0.19 1864.29 14.9499 66.25297

Crime rate (1999–2005) 2750 2.84 15500.00 152.6250 656.99935

Natural logarithm of crime

rate (1999–2005)

2750 1.05 9.65 4.0445 1.10275

Valid N (listwise) 2743

Prior work indicates that the relationship between crime rates71

and other characteristics is best represented by taking the natural

logarithm of the crime rates.72 For some equations, the demographic

variables were reduced to three factors.73 In others, they were each

entered separately. While crime was declining in Chicago between

1999 and 2005, the crime rate, controlling for demographic factors,

was lower in each year in those beats with Catholic schools than in

those that did not include them.

71 That is, crime divided by the census-tract population. To keep the logarithms positive,

this quotient was multiplied by one hundred.

72 See, for example, Brinig and Garnett, 9 J Empirical Legal Stud at *26 (cited in note 8);

Papachristos, Meares, and Fagan, 4 J Empirical Legal Stud at 245–46 (cited in note 69) (using

“[t]he log of the beat-level homicide rate” in order to “improve model fit and account for

nonlinearity” in a study attempting to evaluate the impact of “Project Safe Neighborhood”

initiatives on neighborhood-level crime rates in Chicago); Sampson and Raudenbush, 105 Am

J Soc at 621 (cited in note 11).

73 The technique, called principal component analysis, uses regression results to reduce a

large set of possibly correlated variables into a subset of uncorrelated variables. Because there

are fewer variables, the coefficients for the different types of schools are larger, though

statistical significance and direction do not change. The same technique has been used on

Chicago crime data in earlier work. See Sampson and Raudenbush, 105 Am J Soc at 621–23 &

n 19 (cited in note 11).

2012] Catholic Schools, Charter Schools, and Urban Neighborhoods 45


FIGURE 1. COMPARISON OF POLICE BEATS WITH AND WITHOUT

OPEN CATHOLIC SCHOOLS

To produce Figure 1, we first separated the data into the police

beats where there were and were not open Catholic schools. Then

we used regression analysis to predict the average crime rate for each

of the seven years. In effect, we held constant the presence or the

absence of a charter school (located or not in a closed Catholic

school), plus the computed composite-socioeconomic Table 1 details.

The coefficients are displayed as Model 1 in Table 2; the mean

adjusted predicted values for each year make up the points in

Figure 1. The other two models of Table 2 are very similar, and

graphing them would produce nearly identical results. Model 2

displays regression coefficients, standard errors, and statistical

significance for an equation where instead of grouping the

demographic characteristics, the characteristics are broken out into

original census data for each police beat and tract combination.

Figure 1 used the variables from Model 1 from Table 2 below for

each of the seven years of crime rate data, comparing results for

cases in which there was and was not an open Catholic elementary

school. The difference between Model 2 and Model 3 is that the

former uses individual race characteristics while the latter groups

them together.

TABLE 2. REGRESSION RESULTS: CRIME RATES AND

.0000

.5000

1.0000

1.5000

2.0000

2.5000

3.0000

1999

2000

2001

2002

2003

2004

2005

Adjusted Predicted Mean Value of Logged

Crime Rate

Year

Open Catholic

School

No Open Catholic

School

46 The University of Chicago Law Review [79:31

PRIVATE SCHOOLS

Model 1 Model 2 Model 3

Beta

(Standard error)

Beta

(Standard error)

Beta

(Standard error)

Constant 4.036

(.028)***

5.870

(.164)***

5.750

(.167)***

Open Catholic

school

-0.264

(.109)*

-0.120

(.068)*

-0.160

(.069)*

Charter school 0.154

(.210)

-0.015

(.130)

0.026

(.133)

Charter in

Catholic

0.045

(.282)

0.140

(.175)

0.181

(.179)

PCA1

(deprivation)

0.470

(.018)***

--- ---

PCA2

(immigration)

-0.162

(.018)***

--- ---

PCA3

(stability)

-0.220

(.018)***

--- ---

Total

population

2000

--- 0.000

(.000)***

0.000

(.000)***

Share nonwhite

2000

--- --- 0.926

(.060)***

Share foreign

born 2000

--- -0.397

(.161)*

-0.395

(.147)**

Same

household

2000

--- -0.399

(.108)***

-0.198

(.109)

Percent in labor

force

--- -0.709

(.157)***

-0.624

(.161)***

Percent below

poverty line

--- -1.163

(.144)***

-1.064

(.147)***

Percent renter --- 0.202

(.087)**

0.183

(.088)*

Percent female

head 2000

--- -1.186

(.119)***

-1.143

(.119)***

Percent

linguistically

isolated 2000

--- -0.301

(.218)

0.218

(.214)

Median income

2000

--- -5.233E-6

(.000)***

-5.855E-6

(.000)***

2012] Catholic Schools, Charter Schools, and Urban Neighborhoods 47


Model 1 Model 2 Model 3

Beta

(Standard error)

Beta

(Standard error)

Beta

(Standard error)

Percent

households

with public

assistance

2000

--- 1.875

(.176)***

1.696

(.180)***

Percent Black

2000

--- 0.987

(.064)***

---

Percent

Hispanic 2000

--- 0.978

(.067)***

---

R2 (adjusted) .259 .714 .702

F 240.812 428.332 .432

Note: *** signifies p < .001, ** signifies p < .01, and * signifies p < .05.

In other words, regardless of how we account for demographic

variables that generally predict crime, an open Catholic elementary

school in a beat is associated with a statistically significant decrease

in the rate of crime.74 Although the percentage difference varied by

year, the crime rate in police beats with Catholic schools was, on

average, at least 33 percent lower than police beats without them.

Charter schools appear to have no statistically significant effect on

crime in either direction, although, in a few years, regressions for

individual crimes suggest a statistically significant link between

charter schools and elevated rates of aggravated assault and

aggravated battery. To the extent we can note anything about the

charter schools operating in closed Catholic schools, the direction of

the coefficients is not encouraging (that is, crime seems to increase).

74 In the simplest model of all, looking at the correlation between open Catholic

elementary schools and the logged crime rate, the coefficient is −.086 at p < .001. A model that

simply considers race and income generates an adjusted R2 of .141 (F=119.934), with the

coefficients as follows. The effect of the Catholic school being open, standardized, is almost

exactly the same as the effect of income.

Variable Beta Standard Error Beta (standardized)

Constant 3.603*** .100 ---

Open Catholic

school

(as of 2004)

-0.371*** .113 -0.058

Percent black in

census tract

(2000)

0.987*** .074 0.399

Percent Hispanic in

census tract

(2000)

0.591*** .097 0.156

Median income

(2000)

-3.749E-6*** .000 -0.059

Dependent variable: log crime rate; p < .001 for all coefficients.

48 The University of Chicago Law Review [79:31

We cannot at this point say that opening a new Catholic school

(or re-opening a closed one) would decrease crime. We also cannot

say whether individual charter schools—including, perhaps

especially, charter schools that mimic the educational program of

Catholic schools—suppress crime, or whether charter schools will, as

they become established, have the same positive effects as Catholic

schools. We also cannot say whether “converting” Catholic schools

to charter schools will maintain Catholic schools’ positive effects—

although our findings here suggest that simply operating a

nonsectarian charter in a closed Catholic school does not.

IV. EXPLAINING CATHOLIC SCHOOLS’ POSITIVE EXTERNALITIES

Our findings suggesting that charter schools do not suppress

crime are not inconsistent with previous studies linking public

schools with disorder and crime.75 Our research suggests, however,

that urban Catholic elementary schools have the opposite effect—

that is, that they suppress disorder and serious crime. We can, at this

point, only speculate about possible explanations for Catholic

schools’ positive externalities.

A. The “Night Watchman” Explanation

One study linking public schools and crime found that public

elementary schools appeared to generate more crime than public high

schools. The authors speculated that unsupervised playgrounds may

serve as recreational hangouts for teenagers or staging areas for

illicit activities.76 Perhaps, therefore, Catholic school facilities simply

are more secure than charter schools. Or perhaps Catholic schools

are more likely to generate what Jane Jacobs famously termed “eyes

upon the street.”77 In most parishes, for example, the pastor lives onsite

and may serve a “night watchman” function.78 Catholic schools

75 See, for example, Lisa Broidy, Dale Willits, and Kristine Denman, Schools and

Neighborhood Crime *6–12 (Justice Research Statistics Association 2009), online at

http://www.jrsa.org/ibrrc/background-status/New_Mexico/Schools_Crime.pdf (visited Oct 21,

2011); Caterina Gouvis Roman, Schools as Generators of Crime: Routine Activities and the

Sociology of Place *111–18 (National Criminal Justice Reference Service 2002); Roncek and

Faggiani, 26 Sociological Q at 501 (cited in note 54); Roncek and LoBosco, 64 Soc Sci Q at 609–10

(cited in note 54).

76 See Paula M. Kautt and Dennis W. Roncek, Schools as Criminal “Hot Spots”:

Primary, Secondary, and Beyond, 32 Crim Just Rev 339, 349–53 (2007).

77 See Jane Jacobs, The Death and Life of Great American Cities 34–35 (Random

House 1961).

78 In our study, however, the Archdiocese closed only a handful of parishes, so the pastor

remained on-site even after the school was shuttered.

2012] Catholic Schools, Charter Schools, and Urban Neighborhoods 49


also might be more likely to sponsor community activities during

after-school hours that draw adults into the neighborhood.79

B. The Student-Body Explanation

Our results also might reflect the fact that Catholic and charter

schools enroll different types of students. A greater degree of

institutional diversity existed among charter schools than Catholic

schools during the period of our study. Most (but not all) of the

Catholic schools in our study enrolled grades kindergarten (or

prekindergarten) through eight. Most of the charter schools did not;

some extended through fifth or sixth grades; and others were limited

to the middle school years (although we excluded these from our

analysis). The educational-psychology literature on “school

transitions” suggests that students perform better—in terms of

behavior, academic achievement, and self-esteem—in K–8 schools.80 If

older students are more likely to generate disorder—and researchers

have linked the greater incidence of crime near public middle and high

schools with the presence of large numbers of adolescents81—then

Catholic schools’ practice of combining elementary- and middleschool

students may generate positive neighborhood externalities.

Moreover, Catholic schools’ control over student-body

composition is frequently cited as contributing to their relative

educational success, as is the fact that better-educated, highly

motivated parents are more likely to choose Catholic schools for

their children.82 Both factors may help explain Catholic and charter

schools’ divergent neighborhood effects. Charter schools exercise far

less enrollment discretion than Catholic schools. They generally must

conduct a lottery for admissions, although they may give priority to

students residing within their attendance boundary (if one is

designated).83 Charter schools may also find it more difficult to expel

disruptive students who may “act out” both inside and outside the

classroom setting. Moreover, although Catholic school tuition is very

low relative to that of other types of private schools,84 a decision to

79 Charles W. Dahm, Parish Ministry in a Hispanic Community 238–51 (Paulist 2004).

80 See Jonah E. Rockoff and Benjamin B. Lockwood, Stuck in the Middle: How and Why

Middle Schools Harm Student Achievement, 10 Educ Next 68, 69–75 (Fall 2010).

81 See, for example, Roncek and LoBosco, 64 Soc Sci Q at 601 (cited in note 54).

82 See Bryk, Lee, and Holland, Catholic Schools at 16, 46–54 (cited in note 18).

83 See, for example, Office of New Schools, Lottery Guidelines for Charter Schools *1

(Chicago Public Schools 2011), online at http://cps.edu/NewSchools/Documents/Lottery

GuidelinesForCharterSchools.pdf (visited Oct 21, 2011).

84 In 2007–08, the average tuition at a Catholic elementary school was $4,944; the

average tuition at a nonsectarian private elementary school was $15,945. See Council for

50 The University of Chicago Law Review [79:31

send a child to a Catholic school signals a threshold level of parental

motivation—and motivated parents may be better able to control

their children’s behavior before and after school. Catholic schools

also frequently place demands on parents that public schools do not

or even cannot: many either require parents to volunteer in the

school or provide parents with the option of volunteering in order to

reduce tuition burdens.85 These requirements may generate a stable

flow of responsible adults in the neighborhood who help keep

disorder and crime in check.

That said, it is important not to overstate the explanatory value

of these factors. For example, enrollment in a charter school also

signals parental motivation. A parent selecting a charter school must

opt out of the traditional public school system and choose among a

range of alternatives.86 Furthermore, most urban Catholic schools

provide significant financial assistance, which enables them to enroll

students from disadvantaged backgrounds. Indeed, the available

evidence suggests that the educational benefits of Catholic schools

are greatest for the poorest, most disadvantaged students.87

C. The Neighborhood-Network Explanation

A third explanation is suggested by William Fischel’s defense of

local public schools.88 Fischel argues that parent networks at

neighborhood public schools enable “community-specific social

capital.”89 As Fischel observes, “My approach to social capital

formation simply requires that parents get to know other parents. . . .

[A]nd sending your child to a local school does that more effectively

than any other means.”90 As he acknowledges, however, the

neighborhood-network benefits of public schools likely are reduced in

major cities, where intradistrict public school choice is commonplace.

Indeed, given the prevalence of public school choice in Chicago—

where more than one-third of all public school elementary students

American Private Education, Facts and Studies (2011), online at

http://www.capenet.org/facts.html (visited Oct 21, 2011).

85 See Bryk, Lee, and Holland, Catholic Schools at 306–08 (cited in note 18).

86 Jack Buckley and Mark Schneider, School Choices, Parental Information, and Tiebout

Sorting: Evidence from Washington, DC, in William A. Fischel, ed, The Tiebout Model at Fifty

101, 104 (Lincoln Institute of Land Policy 2006).

87 See Greeley, Catholic High Schools at 107–08 (cited in note 6); Coleman, Hoffer, and

Kilgore, High School Achievement at 143–46 (cited in note 6).

88 See William A. Fischel, The Homevoter Hypothesis: How Home Values Influence

Local Government Taxation, School Finance, and Land-Use Policies 154–55 (Harvard 2001).

89 William A. Fischel, Why Voters Veto Vouchers: Public Schools and Community-

Specific Social Capital, 7 Econ Gov 109, 112–17 (2006). See also Fischel, The Homevoter

Hypothesis at 142–43, 154–55 (cited in note 88).

90 Fischel, 7 Econ Gov at 116 (cited in note 89).

2012] Catholic Schools, Charter Schools, and Urban Neighborhoods 51


attend a school outside their geographic attendance boundaries—

students attending a Catholic school may be more likely to live in the

surrounding neighborhood than public school students, and Catholic

schools may be more likely to generate local social capital.91

That said, although we suspect that many Catholic schools are

neighborhood schools, most of the city’s charter schools are as well.

Illinois law authorizes the designation of an attendance boundary for

charter schools and permits charter schools to give priority to students

residing within their boundaries.92 During the 2008–09 school year,

Chicago charter schools, on average, drew approximately 63 percent

of their students from the surrounding neighborhood, although the

percentage of neighborhood students ranged from a low of 6.7 percent

to a high of 100 percent.93 Despite this fact, however, charter schools

do not appear to serve the same social-capital-generation function as

their Catholic school counterparts—or, if they do, the social capital

does not translate into reduced crime rates.

D. The Longevity Explanation

All of the Catholic schools that remained open during the

period of our study had been open since the 1930s (though some of

them had received children originally attending other schools closed

since 1984). In contrast, none of the charter schools opened before

1997.94 Over time, as charter schools become more integrated into

neighborhoods, they also may produce similar effects. It is also

possible that Catholic schools, by virtue of their longevity in a

community, will continue to produce positive effects even if they are

“converted” to charter schools. We simply cannot speculate, based

upon our data, about either possibility.

E. The “Last Vestige of Civilization” Explanation

Our results also might reflect the unfortunate reality that, in

some neighborhoods, a Catholic school was one of the last remaining

functional community institutions. As a Catholic bishop who served

as a priest in the Archdiocese of Chicago (and who attended one of

the closed schools in our study) told one of us privately, in some

neighborhoods, a Catholic school was the last vestige of civil

91 See Julie Berry Cullen and Brian A. Jacob, Is Gaining Access to Selective Elementary

Schools Gaining Ground? Evidence from Randomized Lotteries, in Jonathan Gruber, ed, The

Problems of Disadvantaged Youth: An Economic Perspective 43, 51–52 (Chicago 2009).

92 See 105 ILCS § 5/27A-4(d).

93 See Office of New Schools, 2008–09 Charter and Contract Schools Performance Report

at 5 (cited in note 32).

94 Id at 1.

52 The University of Chicago Law Review [79:31

society.95 It is hardly surprising, he remarked, that when the school

disappeared, the neighborhood rapidly declined.96

F. The “Catholic School Effect” Explanation

This fact leaves us to wonder whether our results are suggestive

of another possibility—namely, that what goes on inside a school

does in fact affect what happens outside it. That is, we ask whether

the human-capital- and social-capital-generating functions of a

school intersect. According to James Coleman’s classic formulation,

social capital “inheres in the structure of relations between actors

and among actors,” and institutions that foster these relationships

are incubators of social capital.97 Coleman used schools to illustrate

this conception of social capital, arguing that successful schools

tended to be distinguished by parents’ connections to their children’s

school and to the parents of their children’s peers.98 These

connections, he reasoned, “closed the loop” between schools,

teachers, and parents, thus guaranteeing the enforcement of

appropriate norms.99 Coleman further argued that these kinds of

connections—and the norm-enforcement authority that they

enabled—explained Catholic high schools’ extremely low drop-out

rates.100 Perhaps they also generate positive externalities beyond the

classroom walls. For example, in their influential book, Catholic

Schools and the Common Good, Anthony Bryk and his colleagues

linked Catholic high schools’ educational successes to the fact that

these schools were intentional communities, with high levels of trust

between students, parents, teachers, and administrators.101 In more

recent work, Bryk has argued that neighborhood factors, including

the level of collective efficacy and social capital in a community, are

critical inputs to urban public schools’ success (or failure).102 Bryk’s

work suggests that there may be significant feedback effects between

what goes on in a school and what occurs in the surrounding

community.103

95 Confidential interview with Catholic bishop who formerly served as a priest from the

Archdiocese of Chicago (“Priest Interview”) (on file with author).

96 Id.

97 James S. Coleman, Social Capital in the Creation of Human Capital, 94 Am J

Sociology S95, S98 (1998).

98 See id at S105–08.

99 See id.

100 See id at S114–15.

101 See Bryk, Lee, and Holland, Catholic Schools at 307–08, 313–14 (cited in note 18).

102 See Anthony S. Bryk, et al, Organizing Schools for Improvement: Lessons from

Chicago 177–78 (Chicago 2010).

103 See Bryk, Lee, and Holland, Catholic Schools at 282–85 (cited in note 18); Bryk, et al,

Organizing Schools at 196 (cited in note 102).

2012] Catholic Schools, Charter Schools, and Urban Neighborhoods 53


That said, many charter schools employ educational strategies

that closely approximate the Catholic school formula, including a

highly structured school day, traditional curriculum, high levels of

parental involvement, and an emphasis on building an educational

community between the various school stakeholders.104 Since our

analysis does not distinguish between different charter schools’

educational strategies, we cannot say whether schools employing this

formula positively impact neighborhoods in the way that our study

suggests Catholic schools do—or whether they might come to do so

over time.
.

ÃÍãÏ ÃÈæ ÒäØ
08-03-2012, 01:01 PM
V. POLICY IMPLICATIONS: THE SCHOOL CHOICE DEBATE


Over the past several decades, questions about school choice


have taken center stage in debates about education reform,


especially the vexing question of how to reform urban public schools.


School choice comes in many forms. For example, 71 percent of


central-city school districts offer intradistrict school choice,105 and


40 percent operate magnet schools (compared to less than 10 percent


of districts nationwide),106 permitting students to attend a public


school outside their assigned attendance area.107 As discussed


previously, Chicago Public Schools operates a district-wide publicschool


choice program, which guarantees all children admission into


a geographically assigned public school, but also entitles them to


apply to more than two hundred magnet programs throughout the


104 See White House Domestic Policy Council, Preserving a Critical National Asset:


America’s Disadvantaged Students and the Crisis in Faith-Based Urban Schools 102–04


(Department of Education 2008), online at http://www2.ed.gov/admins/comm/choice


/faithbased /report.pdf (visited Oct 21, 2011); Timothy Walch, Parish School: American


Catholic Parochial Education from Colonial Times to the Present 4 (National Catholic


Educational Association 1996) (noting shared values, code of conduct, and emphasis on


academics); Greeley, Catholic High Schools at 68–69 (cited in note 6) (stating that non-


Catholic African Americans are just as successful academically as their Catholic counterparts).


105 Between 1993 and 2003, the percentage of students attending a “chosen” public school


increased from 11 percent to 15 percent. National Center for Education Statistics, Fast Facts


(Department of Education 2011), online at http://nces.ed.gov/FastFacts/display.asp?id=6


(visited Oct 21, 2011).


106 See Buckley and Schneider, School Choices at 104 (cited in note 86) (noting that the


number of schools available for central-city residents boils down to a number of choices at the


household level, without having to move to go to a better school).


107 See James E. Ryan, Schools, Race, and Money, 109 Yale L J 249, 310–15 (1999). See


also James E. Ryan and Michael Heise, The Political Economy of School Choice, 111 Yale L


J 2043, 2064–65 & n 96 (2002).


54 The University of Chicago Law Review [79:31


city.108 In addition, the number and diversity of charter schools has


exploded in the last few years, including in Chicago.109


During the same period marking the rise of charter schools,


momentum for private school choice—an idea first proposed by


Nobel laureate Milton Friedman in 1955110—also gained steam. In


1990, Wisconsin enacted the nation’s first school voucher program,


enabling poor children in Milwaukee to spend public education


funds at private schools.111 The program was expanded to include


religious schools in 1995.112 Ohio enacted a similar program in 1995,


which subsequently overcame an Establishment Clause challenge in


the US Supreme Court,113 clearing the constitutional path for the


expansion of private school choice. Today, nine states and the


District of Columbia have voucher programs that enable targeted


students to spend public funds to attend a private school.114 In


addition, nine states grant tax credits for charitable donations to


nonprofit organizations that provide scholarships to attend private


schools.115 During 2010–11, over 190,000 children attended a private


school with the assistance of one of these programs.116 This number is


likely to increase dramatically in the near future since three states


adopted voucher or scholarship tax credit programs in 2011,


including the nation’s most ambitious voucher program in Indiana


and scholarship tax credit programs in Oklahoma and North


Carolina. Additionally, both Wisconsin and Ohio dramatically


108 See Cullen and Jacob, Gaining Access at 51–52 (cited in note 91).


109 See Ryan and Heise, 111 Yale L J at 2073–78 (cited in note 107); All about Charter


Schools (cited in note 3).


110 See Milton Friedman, The Role of Government in Education, in Robert A. Solo, ed,


Economics and the Public Interest 123, 129–31 (Rutgers 1955). See also James Forman Jr, The


Secret History of School Choice: How Progressives Got There First, 93 Georgetown L J 1287,


1291–95 (2005) (situating the roots of the school choice movement in the post-emancipation


period).


111 See Jackson v Benson, 578 NW2d 602, 607–10 (Wis 1998) (summarizing history of the


Milwaukee Parental Choice Program).


112 See id at 608.


113 Zelman v Simmons-Harris, 536 US 639, 644, 652–54 (2002).


114 See Lindsey M. Burke and Rachel Sheffield, School Choice in America 2011:


Educational Opportunity Reaches New Heights 1 (Heritage Foundation Aug 17, 2011), online


at http://www.heritage.org/research/reports/2011/08/school-choice-in-america-2011-educational


-opportunity-reaches-new-heights (visited Oct 21, 2011).


115 See id at 13–14 table 1.


116 See Andrew Campanella, Malcom Glenn, and Lauren Perry, Hope for America’s


Children: School Choice Yearbook 2010–11 24–27 (Alliance for School Choice 2011). Indiana


became the eighth state to adopt a school voucher program in May 2011. See Associated Press,


Daniels Signs School Voucher Plan into Law, Indianapolis Bus J Online (May 5, 2011), online


at http://www.ibj.com/article/print?articleId=26991 (visited Oct 22, 2011).


2012] Catholic Schools, Charter Schools, and Urban Neighborhoods 55


increased the number of students eligible for their voucher


programs.117


Proponents argue that school choice will subject public schools


to competition, thereby incentivizing needed reforms, or, at a


minimum, will enable poor children to exit failing urban public


schools for higher performing private schools.118 Other commentators


have urged support for private school choice on equality and


religious liberty grounds.119 Opponents counter that school choice


divert needed resources to private schools, “cream skim” the very


best students out of public school classrooms, and will undermine


civic values.120 William Fischel, as discussed above, has expressed


concern that school-choice programs might erode the communityspecific


social capital generated by parental networks at


neighborhood public schools.121


Our data does not speak directly to any of the standard


questions raised in the school choice debate, although it tends to


undercut Fischel’s concern about the negative social-capital effects


of private school enrollment. Our findings, however, do contribute in


a new and important way to the school-choice debate. In schoolchoice


debates, charter schools are frequently offered as a way to


capture the benefits of school choice without enlisting private


schools.122 But, our findings bolster the case for “complete” school


choice. We admittedly do not know for certain why Catholic schools


are good for urban neighborhoods, but we are satisfied that—


117 See Idolizing Indiana, Chi Trib C24 (Sept 1, 2011); Richard Komer, School Choice Is


Here to Stay; Since the 2010 Elections, the Teachers Union Backlash Has Been Stopped in Its


Tracks, Wall St J A17 (Aug 29, 2011); State Budget Expands School Voucher Program, Cath


Chron (July 12, 2011), online at http://www.catholicchronicle.org/index.php/Schools/statebudget-


expands-school-voucher-program.html (visited Oct 22, 2011) (noting that Ohio has


expanded two of its school-voucher programs and created a new school-voucher program for


students with special needs); Marion Herbert, The School Choice Movement Marches Forward


in 2011, District Administration 17, 17 (July 2011).


118 See John E. Chubb and Terry M. Moe, Politics, Markets, and America’s Schools 185–229


(Brookings 1990).


119 See Richard W. Garnett, The Right Questions about School Choice: Education,


Religious Freedom, and the Common Good, 23 Cardozo L Rev 1281, 1309–13 (2002); Joseph P.


Viteritti, Choosing Equality: School Choice, the Constitution, and Civil Society 11–16


(Brookings 1999); John E. Coons and Stephen D. Sugarman, Education by Choice: The Case


for Family Control 115–30 (California 1978).


120 See Stephen Macedo, Diversity and Distrust: Civic Education in a Multicultural


Democracy 1–7, 231–33 (Harvard 2000); Amy Gutmann, Democratic Education 64–70


(Princeton 1987). See also William A. Galston, Political Knowledge, Political Engagement, and


Civic Education, 4 Ann Rev Polit Sci 217, 231 (2001) (“[P]ublic schools have been regarded as


the most appropriate sites for forming citizens, whereas private schools have been regarded


with suspicion as sources of separatism, elitism, and antidemocratic principles.”).


121 See Fischel, 7 Econ Gov at 113–18 (cited in note 89).


122 See Brooks, The Quiet Revolution, NY Times at A35 (cited in note 9).


56 The University of Chicago Law Review [79:31


whatever the reasons—they are. And, regardless of the reasons why


this is so, this conclusion speaks directly to important “facts on the


ground” in our cities: if education policy continues on its current


course, which favors charter schools and disfavors vouchers and tax


credits, then Catholic schools will continue to close in our cities.


Many Catholic schools will become charter schools, either by design,


when dioceses decide to “convert” parochial schools to secular


charters, or default, when Catholic parishes lease or sell closed


school buildings to secular charter operators.


At this point, we cannot know how charter schools will perform


as community institutions over the long haul. But we do know how


Catholic schools are performing today and strongly suspect that


additional school closures will further erode the social capital they


generate. We also suspect that a multipronged approach to school


choice, which includes financial assistance to students attending


private schools, might stem the tide of Catholic-school closures by


increasing their accessibility to students of modest means. This is


true for two related reasons. First, many of the students who would


participate in school choice programs will enroll in Catholic schools,


which are relatively inexpensive and located in urban communities.


Second, charter schools, which are free, compete with inner-city


Catholic schools, which are not. As Diane Ravitch has observed,


“Where charter schools are expanding, Catholic schools are dying.”123


For example, a 2006 RAND Corporation study of Michigan found


that “[p]rivate schools will lose one student for every three students


gained in charter schools.”124 In contrast, a more recent study in


Arizona—a state with one-third more students enrolled in charter


schools and that also operates two tuition tax credit programs and


two voucher programs—found that charter-school competition had


not negatively affected Catholic school enrollment.125 The author


concluded that the private-school-choice programs in Arizona


increased Catholic schools’ competitiveness.126


123 See Freedman, Lessons from Catholic Schools for Public Educators, NY Times at A17


(cited in note 56); Mitchell Landsberg, Doug Smith, and Howard Blume, An Unplanned


Revolution in L.A.’s Public Schools, LA Times A1 (Jan 10, 2010).


124 Eugenia F. Toma, Ron Zimmer, and John T. Jones, Beyond Achievement: Enrollment


Consequences of Charter Schools in Michigan, 14 Advs Applied Microecon 241, 250 (2006).


125 See Matthew Ladner, The Impact of Charter Schools on Catholic Schools: A Comparison


of Programs in Arizona and Michigan, 11 Cath Educ 102, 110–11 (2007).


126 See id at 110, 113.


2012] Catholic Schools, Charter Schools, and Urban Neighborhoods 57


CONCLUSION


Urban Catholic schools are, it is fair to say, an endangered


species. Absent a major shift in education policy favoring school


choice, or a decision (by Catholic Church officials or private


philanthropists) to invest massive new private resources in them,


Catholic schools will continue to gradually disappear from urban


neighborhoods. As these schools close, the physical and educational


space left open by their departure will be filled—both literally and


figuratively—with charter schools. This Article is an early effort to


understand what this educational transformation will mean for urban


neighborhoods. Although our results are sobering for current


residents of Chicago neighborhoods, we cannot know whether, over


time, charter schools will come to fill the social void that is


apparently left by Catholic schools’ departures