April 14, 2026 · HEALTH · 20,615 words · 14 speakers · 225 segments
Thank you. Thank you.
Good morning, everyone. Thank you all for joining us this morning. I'd like to call this meeting of the House Education Committee to order. I hope everybody notices the gavel. That was because for years of Chair Cutler being speaker, I was tired of not being able to return the favor to him once in a while, as he did to me on more than—I'm just kidding.
I don't think I ever gaveled. I don't—you're probably right.
The purpose of this meeting is to discuss the educational tax credits under Article 20-B of the Public School Code. I'd like the members to please hold any questions until all participants have had an opportunity to present. That's per panel, of course. For members of the public, a copy of today's testimony can be reviewed by scanning the QR code found on the entrance door. for our testifiers. Please, for the love of God, in the interest of time, I ask that you all just summarize your testimony. We do not need you to read it to us. We are all capable of reading here. But we do want a back and forth between members and you all and give us a little summary. That'd be great. Today's meeting is being live streamed and I would ask that everyone please silence all electronics. Before I give comments, I'll, we'll let members introduce themselves and we'll turn it over to Chair Cutler then. So, Representative Frill, if you want to start. That's what you get for showing up at the right as we start. Perfect timing.
Representative Paul Frill, I'm Chester County, 26th District. Good morning.
Jim Prokopiak, 140th District, Bucks County. Good morning.
Mary Isaacson, 175th District, Philadelphia County.
Good morning, Regina Young, 185th District, Philadelphia and Delaware Counties.
Mark Anderson, 92nd District, Northern York County.
Good morning, Joe DiOrsi. I represent the 47th in Eastern York County.
Tara Probst the 189th District Eastern Monroe and Southern Pike Counties Barb Gleim the 199th district in cumberland county malu mckenzie the 131st district part of northampton county part of lehigh county and part of montgomery county
eric devanzo 58th legislative district westmoreland county more
Morning, Brian Cutler, 100th Legislative District, Southern Lancaster County. I just want to welcome Representative DeVanzo, who is our new member for the committee. I want to also thank all the testifiers here this morning. This is an issue that I'm personally very interested in and look forward to hearing about both the utilization as well as the possible improvements related in your testimony and look forward to getting right into the topic of discussion.
So thank you, Mr. Chairman. Thank you, sir. And I'm going to take a second to also thank all of our testifiers and the staff for helping pull us together. And also, welcome, Representative Devanzo. Appreciate your willingness to serve on our committee and your interest in the topic. I think that there are some very real questions on the Educational Improvement Tax Credit. fun fact we allocate 680 million dollars a year towards this tax credit 680 million dollars here by comparison the entire department of conservation and natural resources their budget is 183 million dollars that's a cabinet level position department of aging has no state funding it's all paid for by the lottery dced's operating budget is 278 million dollars agriculture the largest industry in the Commonwealth of Pennsylvania, has a budget of $250 million. Yet we spend $680 million on a tax credit program that, from my perspective, has very little oversight on it. Now, I have supported EITC in the past. I've opposed it, depending on budgetary constraints, yes and no. So I think there's a lot of members that have no conceptual problem with tax credits and its use in helping the lives of kids, whether it's through an EIO or some other entity. But I think that there's a lack of oversight on EITC. FIA, which provides student loans for Pennsylvanians across the board, their entire budget is $614 million, and there are 16 legislators on that board. So the amount of oversight that we have on scholarships in the Commonwealth of Pennsylvania for higher ed is vastly superior to the amount of oversight that we have on a larger scholarship entity in EITC. Very rarely do we have EITC come up as part of a budget conversation during budget hearings. Certainly don't get their own hearings. That's not a criticism of anybody. It's not a department. But it is a very large expenditure of taxpayer resources, and we need to have an honest conversation about it. I will also say, and I want to thank – and I'll wait for a little bit later to – I'll wait until panel two to talk about that. But there is a distinct lack of oversight. There's a distinct lack of data to ask the fundamental question that we should be asking ourselves at all time, which is, are we actually getting what we're paying for? And so again, I'd like to thank all of our panelists. We're going to have a direct conversation today, folks, and ask our members to be respectful but be direct and ask our testifiers to be concise in their testimony and answer questions directly if you be so kind So for our first panel I like to thank Ms Stacey Knavel who's the Deputy Director of Pennsylvania's Independent Fiscal Office, Mr. James O'Donnell, who's the Director of the Tax Credit Division for the Department of Community and Economic Development, Ms. Amy Gill, who's the Deputy Secretary for Tax Policy for Department of Revenue, Ms. Megan Swisher, who's the Director of the Bureau of Path Development Support, also for revenue, and who will be joining us online in a little bit is Ms. Annabelle Apotella, I believe I got her last name correct, who is the Director of Research and Evaluation for the Center for Student Achievement. Ms. Knievel, we'll start with you, ma'am.
Good morning, Chair Swire, Chair Cutler, and members of the committee. Thank you for the opportunity to provide testimony on Pennsylvania's education tax credit program. Sure. Under Act 48 of 2017, the IFO reviewed various tax credits over a five-year period. The office publicly released the report on the ETCs in January 2022. At the time of the review, total tax credits were capped at only $280 million annually. So my comments are really made in that context. The IFO analysis covered the five-year period from fiscal year 15-16 to fiscal year 19-20. And some of the major findings of that analysis were that 99% of participating firms made two-year commitments and received a tax credit equal to 90% of their contribution. There were only modest state savings, roughly $350 per student on average, from students switching from public to private schools, and that was largely due to strong school district-hold-harmless provisions in Pennsylvania. Compared to other states with similar programs, Pennsylvania had the highest allowance for funds retained by organizations to cover administrative and other costs. As the cap on the ETCs increased, additional contributions flowed disproportionately to a small number of large organizations. For the educational improvement tax credit component, contributions increased by $92 million over the five-year period, and during that time, 64 million, or 70 percent, of the newly available funds flowed to the top 10 organizations. Statutory limitations on data collection prevented the analysis of the key outcome data necessary for the IFO to determine whether the program achieved its stated goals or whether state funds were used effectively. The report also included several recommendations to enhance program efficiency, and I'll summarize some of those for you now. We recommended that there should be more accountability for contributions not used to fund scholarships or educational improvement programs. We also recommended that to facilitate a thorough evaluation of program effectiveness, the statute should be amended to allow the collection of certain key performance data. The student cap on the Education Opportunity Scholarship Tax Credit, the EOSTC award, should be eliminated. We recommended the elimination of the early application period for firms receiving their two-year contribution, renewing their two-year contribution commitments. We also recommended that DCED should publish an annual report summarizing the basic ETC program data that they do collect under the current statute Lastly, the analysis identified three key decision points for policymakers to consider when making future updates to the program. One, we recommended, one, for fiscal year 1920, 997 firms associated with $137 million in contributions were unable to procure a credit allocation. Those firms were on a waiting list for the program. Does the significant wait list imply that the credit tax rate is too high? Would the same amount of contributions occur if the tax credit were awarded at a rate of 80% or 60%? Number two, at the time of program evaluation, it was noted that household income thresholds for scholarship participation were higher than all other states with a threshold. If the intent is to provide scholarship opportunities to the neediest students, should the thresholds be lowered? Number three, what is a reasonable share of contributions for an organization to retain to cover administrative expenses? Should there be a sliding scale so that smaller organizations with lower contribution amounts can retain a higher share, but larger organizations with higher contributions retain less? That's the end of my testimony, and I'll be happy to answer any questions later.
Thank you, ma'am. Mr. O'Donnell, we'll turn it over to you, sir, and then we'll move on to the Department of Revenue.
Morning, Chairman Schreier, Chairman Cutler. Thank you for having me this morning. Members of the committee, I appreciate your time. Jim O'Donnell, the Director of the Tax Credit Program at DCD, $680 million, as you mentioned, Chairman. Very anxious and appreciate the opportunity to explain to you the details of the program, the role of the department, the role of the agency. Certainly answer any questions and open for further dialogue even outside of today's committee hearing.
Thank you, sir.
Thank you.
We'll turn it over to the Department of Revenue. Ms. Gill or Ms. Swisher, whoever would like to go if you're going separately or together Thank you, sir.
Oh, sorry. The Department of Revenue is responsible for administering the tax credits for the program. We verify compliance, we apply the tax credit to the appropriate accounts, and we process refunds. In our written testimony, we shared a step-by-step process to give this committee a better picture of how these programs work, from when the entities submit their applications to DCED to the final step of getting a credit from the Department of Revenue. So there are multiple steps involved that need to take place before a taxpayer can receive a tax credit under this program. Some of the concerns we've received in the past include the timeline for taxpayers who have made contributions through a special purpose entity commonly known as an SPE to receive their tax credit. The vast majority of these educational tax credits come through pass-through entities. In order for the awardees, the individuals who contributed to the SPE to receive their credit, the SPE must file the REV 1123 form when they file their taxes, and then the department can allocate the credit to the individuals. If these entities file extensions in the fall, we will not have all the documentation to process the credits, even if the individual files in the spring. So the department has taken multiple steps to improve our process, including educating entities about filing the proper forms, and that they certainly can file on extension, but it may delay the individuals receiving the credit. it. We've also dedicated additional staff to processing these returns. So I'm now going to turn it over to Megan to discuss other changes we have implemented to our tax administration system. Overall, we've been able to reduce processing time since we have all of the required documentation. We continue to work with taxpayers, pass-through entities, and DCED to streamline the process. Thank you. Thank you, Chairman and members of the committee. My name is Megan Swisher, and I'm the director of the Bureau of Path Development and Support, path and my path being the department's integrated tax system. In addition to the steps that Deputy Secretary Gill outlined, another change that we have implemented for the first time this year is making the REV 1123 form electronic. Making the form electronic has helped us streamline the process for pass-through entities to allocate the credits to the owners contributing to the entity. In prior years, it was solely a paper form that had to be completed manually by the entities and either faxed or mailed or emailed into the department. As you can imagine, this was not only time-consuming for the taxpayer, but also time-consuming for the department to review the forms. In addition, it will also help the department to have the form electronically so we can be more efficient with our review of the tax returns. We've worked with our partners at DCED to make sure taxpayers know that the form is now available electronically and will continue to collaborate on those communications efforts. So we thank you for the opportunity to testify this morning, and we'll be happy to take any questions members may have on the department's role in administering these programs.
Thank you all. Before we turn it over, I would like to recognize representatives Rosal and Cooper have joined us. Thank you both for joining us today. Joining us virtually is Ms. Annabelle Apertella. Again, I apologize if I butchered your last name. Again, Director of Research and Evaluation for the Center for Student Achievement. She has provided us a video instead of written testimony. That is available in members' packets. It's also available, I believe, via the QR code. and as well as a, I believe, is a PowerPoint presentation. But ma'am, if you could give us an overview of what you've seen. Again, we don't need to rehash your entire testimony, but if you would be so kind as to present a little bit, that'd be great. Thank you, and thank you for joining us.
Chairman Schreier, Chairman Cutler, members of the committee, good morning. My name is Annabelle Aportella. I a data and policy analyst who been working with Arizona education data for 30 years I been asked to provide the committee with information about the Arizona Empowerment Scholarship Account Program its impact on the state general fund and also the type of data that is available and not currently available. My written testimony provides a brief explanation of our school funding system and how adding school choice options, including ESAs, has created pressure on the state general fund. I was instructed to be very brief at the beginning. So I at this point, I was prepared to answer questions based on my written testimony. Would you like me to actually give us a quick overview, please, by all means. All right. Thank you, Mr. Chairman. So, ESAs in Arizona Empowerment Scholarship Accounts, or ESAs, they began in 2011 in Arizona as a school choice option for students with disabilities only. Over the years, the eligibility has expanded to include students from, for example, military families or students who are attending D or F schools in our school accountability system. And there's been other categories of eligibility. Beginning in the 22-23 school year, ESAs became universal, meaning that any Arizona resident is eligible to participate in the ESA, regardless of whether they've attended public school previously. The funding for ESAs is 90% of the charter school formula. Arizona has an extensive charter school system, and that funding is a bit higher than the traditional district funding because charters do not have access to local property taxes. And so even though ESAs are funded at 90% of the charter, it still ends up being a bit higher than your traditional district schools. So because of that, the cost of charters and ESAs is 100% on the general fund. So the fact that there is currently no cap on enrollment of students in ESAs or charters and no cap on the cost of the ESA program, it is putting quite a bit of pressure on the state general fund. And because there's no cap, we also don't have very good estimates of how much this is going to cost in the future. Our Joint Legislative Budget Committee has estimated that we expect to have about 30% of about 1.2 million students being funded entirely on the state general fund, meaning that there's no local property tax share. So that is definitely putting some pressure on the state general fund. And my written testimony has some graphs which kind of show the impact of this visually and the stress that it has really put on the legislature as they make budgetary decisions and what that means for other state agencies as well. And in terms of the data availability, we have some basic information around participation, and it is reported out each quarter, and there are snapshots. So we don't really have trends, but we have some snapshots multiple times during the year. We have participation numbers by eligibility category special education English language learners and by grade We also have participation by zip code and some information about where the students were previously enrolled if they were enrolled in a public school, and award amounts, though not specifically totals, just some estimates of what those award amounts are. What we don't really have information on is, as I mentioned, trends, including how many exits or graduations there are from students in ESAs. And also we do not currently have information about ESA students returning to the public schools and what that potential cost could be. We have some anecdotal information, but no data really. And we also do not know out of the ESA participants how many are in a private school setting or a homeschool setting. I should mention that ESAs do not have to be used for private school. So the way that the ESAs are used, there are allowable expenses, but it's not necessary that that money be used in a private school. So we know we have homeschoolers, but we don't know how many. We also do not have any kind of information about the academic achievement of ESA students. That's not a requirement. And we don't have demographic information about ESA participants, either specifically income or poverty levels or race, ethnicity type of information. And no kind of actual costs. Again, both the Joint Legislative Budget Committee, they provide estimates, and the Department of Education provides snapshots. But we don't and the award amounts that are reported are for full year participation estimates. And we know that students participate for parts of the year. So, again, the total cost is not known, just some rough estimates. And I think that's it. I am happy to answer questions. Thank you very much.
For questions, we'll start with Representative Isaacson, ma'am.
Good morning and thank you for your testimony. One thing I just want to point out from your testimony in the independent fiscal office is that we have the highest threshold in any other state. That was an interesting factoid. And I just want to start because one thing that I did do was ask a question about the increases that we have made in the past 10 years with regard to investments in education. And for the 10 years, we have increased EITC 353%. And according to our resources here for public education over the past 10 years, for basic, special, level-up, adequacy, all that we've been trying to do, it's only been 60%. So percentage-wise, we certainly have made quite the investment in allowing for EITC and OSTC. So one of my questions, I have numerous, but due to time, is do we have any idea of who the children are, like a snapshot of who's being served from the programs, the EITC? Because we know who's being served in the public schools. We did not have I defer to GCED we did not have that information available to us when we did our analysis in 2021 Yes so we don know who the children are That is confidential information The scholarship organizations do identify who the children and families are
We know county of residence, and we know grade levels, but you do not, at the moment, we do not know who those children are. There are future reporting requirements that start for the current school year that will identify school district of residence and what private school they're going to and scholarship awards, but it will not include names of families or household income data.
So this public money is being spent to provide assistance for the education of these children, but we don't know who they are and what return on investment we're getting for this money that we've spent sending out to these organizations is what you're basically saying at this point.
We do not know who the families or names of children, correct. Okay.
And then just one final, because I'm sure there's plenty of other questions. Do you think that we would be better serving to not just allow the money to EITC at such a high threshold, but possibly shift money to the OSTC so that we're reaching out and giving the opportunity to more people and making it available to lower-income families since we're disproportionately, apparently since we have the highest threshold of any state, giving to higher-income families.
So I won't give my opinion per se on what I would feel is what should happen, But what I will tell you is that there are credits remaining available in both programs. So the OSTC program has credits available. So if demand was there, there would no longer be credits available in the OSTC program, which you're indicating for the state.
Okay, so what you just said, because you're very soft-spoken. Okay, I'm sorry. So what you're saying is that for all this money that we have allotted in tax credits, there was money left on the table.
There are current credits on the table. You are correct.
Okay, thank you very much. Thank you.
Representative Young and then Representative Friel and Probst. Prokopiak, I'm sorry. Okay. Okay. We'll let Representative Anderson go. We try to do a DNR.
I have a few questions. First, I am thrilled that we as a committee are bipartisan on accountability and oversight of the money that we spend. That is a refreshing change in this building. So I think this is an appropriate hearing. At the beginning, we talked about there not being data to back this. I just want to give you some of the data. This is from the Department of Education, by the way. and alike. We had 102,000 scholarships that were awarded. 55,000 of those were in metro Philadelphia. 75% of those were in communities and families that we traditionally describe as underserved and underprivileged. Now, 69,000 did not. receive those due to some arbitrary caps that we come up with. But I just wanted to ask a question. a couple of questions to our panel that we had come up based on some of the scholarships. Is it Annabelle? What was the name online? I'm sorry.
Yes, sir. Yes. And you talked about the fiscal impact in Arizona on the general funds.
your assessment, because we're talking about whether it works or not, is the savings accounts and the school choice reforms that Arizona made, is it working for students and families? Are kids better off?
Well, Mr. Chairman, Member Anderson, And I, it's tough to answer. If you judge working by participation, we have a high participation rate. We have about 20% of public school students in charter schools, and that's about 200,000 students. There's another 100,000 students now in ESAs. We do not have any kind of academic achievement information for ESAs. And for charter schools, since the introduction of ESAs, we're starting to see decline in participation in charter schools. The charter, we have a state charter board and the Arizona Department of Education both have school accountability systems. So they do gauge the performance of public schools. And we have a mix. Some charter schools are rated A, some B, some C, some DNF, pretty much just like in the traditional public school system.
Another question that I had is we're talking about those, the money that's on the table that's still out there, that's available. Do we have any idea why that money is still out there on the table? Why do we have money not being used?
I would relate it back to the increases to the program over the last couple of fiscal years. Demand three years ago, we were near capacity. Significant increases to the tax credit programs. From our participating nonprofits and private schools, it does take time to build up demand to get back to that budgeted amount. So we have seen an upswing in demand that credit availability dollars have decreased over the last couple of years. But I would think that it's just, you know, you're out recruiting and soliciting new participants, new investors, new tax credit participants, and it's just taking some time to build up to that level. So demand is on the rise. Demand would be on the rise based upon the data, yes.
Yes, so demand is on the rise for these scholarships. The other question, would our passing late budgets, because businesses work differently under fiscal year than we do, would our late budgets have anything to do? Would it give it less time, give those organizations less time to raise the money compared to if we passed our budgets on time when we're supposed to? Would that give them more time?
My only comment on that would be I won necessarily dive into the budget situation the majority of the dollars and the high receipts of contributions from participants in this program both individuals through a special purpose entity or through bricks and mortar businesses happen around the end of the calendar year Correct That is historically, and that's obviously just based upon tax liabilities and people having a greater understanding of what their liabilities are going to be for the year. So that is when most donations are being received in and around the holiday season.
So if we, say, pass the budget in October or December, that would give these organizations weeks or months to raise money based on what private organizations, when they give and how they give, instead of, say, a year to raise money. It would give them much less time to build up the fund for those that need the scholarships. Because we had over, I think it was 68,000 scholarships denied. uh so uh would it be safe to say late budgets are are impacting contributions again i'm not i won't
dive into the budget situated the budget you know situation um most of these relationships are established you know year after year after year um however like i said most of the donations are occurring in and around thanksgiving through the end of the calendar year so and we are another questions we are improving are how we allocate the money getting the tax was that part of the testimony we were we're modernizing so that we can we can repay and fulfill our promise for these tax credits i'm assuming since we are working hard on fixing the problem that it was actually a problem where people were not getting their tax credits they were promised and and would that then if people aren't getting it on time or getting it in the fiscal year that they contributed,
would that then lend itself to donors not giving the next year if we don't fulfill their promise to repay them what we promised to do? Were there problems before? Was that going on where people weren't getting their tax credits in the fiscal year which they donated or didn't get them at all?
We have improved processing. I don't know that I could speak to it having an effect on prior years. I don't believe it could have, but I don't know for sure.
No, I appreciate your candor. I think it's just simply common sense that if you promise somebody a tax credit and they don't receive their tax credit, that they're not going to donate to get the tax credit again. I think that's a logical conclusion. And then the last thing that I wanted to address here is this doesn't only help, even though 75% of the recipients, you're correct, we don't have their names. We don't have their addresses, but we know that 75% of them are underserved and underprivileged. We know that. It's a data point. But it doesn't just help that community. If anybody has ever sent a kid to college, they know that this is a major problem in that you may not be poor enough to get help, but you're also not wealthy enough to pay for college out of pocket. Is it safe to say that these programs the ITC really really assist those middle class working class people who cannot afford a private education However okay however they not getting help anywhere else
I wish we had EITC model at universities. It would be great because it would help all of those middle-class working families who do not get help. And I'm sure everybody who's listening and everybody that's here who's middle-class and had a kid go to college understands that.
So understand that this is not just helping one section of the population. This is a program designed to help underserved, underprivileged, and our working middle class. Thank you very much.
Representative Friel, and then Representative Gleim.
Thank you. Thank you all for coming today. We really appreciate that. I have a couple of questions also because this is very interesting. I guess I'll start with just trying to understand like a snapshot of the kids that are served by these scholarships. And is there any data on the percentage of kids that are already attending private school that have now received scholarships as we've expanded these tax credits? meaning are we serving kids that we're targeting to move out of an education system, I guess what the intent was, and provide them an opportunity to move somewhere else, or are we providing scholarships to kids already attending private school? And if you could speak to that a little bit.
So there is standard EITC and OSTC does not have data available for school year 24, 25, where a student had attended school in comparison to 25-26. That is not data that the department is authorized to collect.
Okay, so we have no way to see if our scholarships are actually doing the intended thing, which is moving folks from one education system to another. Do we know, besides just like a broad, I guess, generalization of where they come from and make it in terms of income level, age of the students, you know, not name, but just do we know income, type of families coming in, the type of scholarships awarded, are they partial scholarships, full scholarships? Like what does this look like in practice when these scholarships are given out? And how do we – is there an audit trail for are these scholarships being awarded as intended, meaning they've hit these income thresholds, they're targeting in the right areas, they're – how do you know that? Who's checking this?
Yeah, so we do not have income levels of families. We have grade levels and county of residence, soon to be school district of residence and private school attended. But as of right now, all of the scholarship organizations that participate in the program have the paper trail of the students, the income levels of families, names. All that information is maintained by scholarship organizations who do annually report back to the department with reports, but those reports do not include the income levels and certain data that you're referencing. Okay. They do submit audits in 990s to our office to make sure that they are being tracked by outside auditing agencies and CPA firms. But that's all we collect.
And those audits do they make compliance audit statements as far as that they given out scholarships to this level income students and all that Or what does the audit actually do So I mean it the full audit of the whole organization specifically referencing, in our case, you know, the scholarship dollars in, dollars out, but it's not...
It's a financial audit, not a program compliance audit. So it just does a gap accounting type of stuff. It does not require them to follow the law and audit that.
They're making awards proper or within compliance to any income levels, right? Okay. And then I guess I know we mentioned that, and this will be my final question here. The part of the program is oversubscribed. Part of it is undersubscribed. We've talked about there's more demand, but I think we should split out demand, what we mean by that, because there's demand for scholarships, meaning the recipient of the scholarship. That's kind of one demand curve. And then there's the demand for tax credits, which is a separate demand, right? How much I'm applying for a tax credit, that's one demand. And then hopefully it lines up with the demands on the recipients of the scholarship, right? So those are two kind of separate things, if I understand it. And I think you said a lot of this is undersubscribed, but there are buckets that are oversubscribed. Could you talk to what buckets they are and what you're seeing in demand from a tax credit versus demand for scholarship recipients, if you have any data that supports any of that?
So the only bucket that's oversubscribed is what we call the educational improvement organizations. These are EIOs. They're serving public school students through innovative, in most cases, hands-on academic programming for students. That's $74.5 million of the overall EITC budget. And that's oversubscribed by roughly $26 to $29, $30 million in the current fiscal year.
Oh, and that's going – and does that program have the same lack of data oversight as the other programs?
It's different data. I mean, we know a number of students that participate. We know the names of the programs, the demonstrated expected outcomes of that program. So there's tracking on that one.
There is tracking. So the one program that we don't fund fully is the one that has all the data tracking it. I'll finally say that I think, you know, to have over half a billion dollars with lack of oversight, without having the data to support the academic outcomes or even who these scholarships go to is very concerning to me. and when you look at $680 million just for example going back to Arizona's point in the general fund we've lost for example out of the general fund with the federal cuts we have 120,000 people off of health insurance because of the federal cuts $50 million would fully fund those cuts for the fiscal year and you'd still have $620 million left over in EITC tax credits and you could fully fund insurance, which would be a heck of an interesting outcome for Pennsylvanians here. So I think we as legislators really need to understand how our taxpayers are being spent and are we getting a return on investment. So I'm fully supporting Mr. Chairman that we understand this data a lot better. Thank you.
Thank you, sir. Representative Gleim and then Representative Probst.
Thank you, Mr. Chairman. I want to be really clear that I am very supportive of EITC program and the OSTC program. I think it benefits the recipients. immensely and there are oversight mechanisms for those students because all those schools have to do reports to PDE on their abilities and how they're doing academically. Businesses have oversight through audits and tax returns that they do. So I just think that this is a great program. And actually I just want to make a plug for the federal EITC program that we were waiting for the governor to opt into. This federal EITC is 100 percent dollar for dollar. Now in our state with the EITC, I believe we have a two-year mandate where the same people, the same businesses have to give two years in a row to prove that they're going to continue that scholarship, and that's not dollar for dollar. And I think it's 90%, but I'm not sure, and maybe you guys can clarify what that process is for me here. Sure. Yeah, no, you are correct. A two-year cycle for the bricks-and-mortar business and or a special purpose entity receives a 90% tax credit. Right. As Stacey mentioned, it's high 90s percent of all of our participants that sign up for two years in order to get the higher tax credit percentage. But then there's also grandfather language within the legislation that enables companies to stay within the program year after year after year by doing two years. Right. So that so those businesses who are giving the tax credit and who are giving the scholarships through an organization or not, they have to project out two years of what maybe their income is going to be so they know what they can handle. So don't you think that we should get rid of the two-year mandate and be more aligned with what the federal is doing so that actually we'll open up more money to the students who are recipients of the scholarships? so again i'm not going to dive into my opinion on whether or not we should do one or two years um i would tell you that a concern if that would have for many years the eitc did not have grandfather language in it okay for the first 10 to 12 years maybe i'd have to look back of the program there was not grandfather language um so getting back involved in the program for some companies could become a challenge this is when budget amounts were much smaller uh so you had schools that were relying on dollars from XYZ Corporation to fund X amount of scholarships for that school year. And some of those donors were having a tough time getting back into the program, which could jeopardize availability of scholarship dollars for some of those students because they had a corporate donor who had supported them for many years that had a tough time getting back in. Now, again, keep in mind, these are much smaller budget amounts. I understand that. And there's credits on the table as we're speaking. But that was one of the, when it changed the grandfather language. That was one of the concerns for the reason in legislative changes. Okay, thank you. I would advocate to get rid of the two-year mandate. Go 100% dollar for dollar, and we will actually see any money still sitting on the table being utilized for a great program. Thanks.
Thank you, ma'am. We are joined by Representative Taycac. I wanted to say that for the record. Representative Probst.
I promise I'll be quick, Pete. For the essence of time, I just want to say that I'm not for the EITC. A couple things It really upsets me when I hear about public education and hear the word donors and corporate tax breaks Talking about education for our kids and benefiting corporations getting tax write It's just, it's messed up from a public school kid. And I don't know how we got here. I know when we got here. I don't, I don't like it. And when we talk about Arizona, thank you for your testimony. I have friends out there, and it's a mess. You know, with the whole push to do this, Arizona ranks 49th out of 50 states in education. Pennsylvania has over 1.6 million kids in public schools, about 60,000 to 65,000 in cyber, and 220,000 in private schools. We're in the top 10. We have more kids in traditional brick-and-mortar public education than we do with all of the others combined. And yet we're in the top ten in the United States for education, one of the last, by the way, for the federal government that funded, that funds us. So the whole push for, I'm sorry, school choice, give corporate people tax breaks, do this, it's like a free-for-all. and nothing is proven to help the numbers for the kids, only help in the pockets of corporations. If we took that money and we invested it into our traditional brick-and-mortar public schools, our outcomes would even be better.
Maybe we'd be in the top five in the country. I could go on and on, but I am 100% against this, and I am so sick and tired of people just trying to dismantle public education putting money in the pockets of the people that have it to save more money to do scholarships. It's gross. Kids are not cattle. It's not a business. And I'm sorry if I seem angry, but I want EITC to go away and go away for good. And more importantly, I want public education to be funded. And to Representative Anderson's point, when it comes to colleges, I agree with him. I graduated college in 1992 with $12,500 in debt. You can't even do that today. You can't do it today. So instead of funding corporations and giving them breaks, how about we put it towards higher education so that kids can actually afford to get an education? So this from a public school kid, one of four kids, a mom who was a waitress, single. Public education got me to where I am today. And I'm telling you right now, if we keep giving money to corporations and we keep trying to defund true public education, we're going to have a society that literally the haves and the have-nots. and I, in my time here, will not let that happen. You will never get my vote to support EITC. Thank you.
Thank you, ma'am. I have Representatives D'Orsi and then McKenzie, and then I'll turn it over to Chair Keller. Representative D'Orsi.
Thanks, Mr. Chairman. I certainly agree with the previous speaker that kids aren't cattle, and there's thousands of kids who benefit from both of these scholarship programs across the state. So I differ with her on that. I support this very much. I trying to understand the strain or the supposed strain that these tax credits apply on public schools So the average EITC scholarship is about Compare that with the per pupil average spend of that we spend on public school in the state. My freshman year, we increased public school spending by $1.1 billion, which is about double the $680 million tax credit. and that was just an increase in one year. The following year, it was about a $900 million increase in public school spending, and then last year, if I'm not mistaken, it was about $800 million. And to my understanding, panel, when a student presumably leaves their public school for an alternative school, that local tax money stays in the sending district. In my area, York County, that comprises about two-thirds of the overall spend. Meanwhile, that district does not have to educate that student, and they're keeping two-thirds of the money. So help me wrap my arms around why this is an acute strain on public school budgets, please.
The only part I guess I would be able to confirm of your comment would be that if a student would leave a public school, the dollars do not go with them through the purposes of EITC scholars. So in theory, classroom size has decreased when the dollar amount available for that classroom has remained the same.
Is that all you got, sir? I just want to make sure I'm not trying to cut you off. Okay. All right.
Representative McKenzie and then Chair Cutler.
Yes. I would just like to say that, you know, there's all this question about who are these children. Let's not forget that every single one of these children are Pennsylvania students. And it doesn't matter if they're low, you know, from Philadelphia or from Allentown or wherever they're from. The acknowledgement comes from the parents and from the businesses that some of our Pennsylvania schools are not doing the job. and the children are seeking a better pathway for their life in a different form of education. So I think that I couldn't disagree more with Tara Probst. I'm a public school child myself. My kids were public school students themselves. I was a teacher in the public schools, and I see that our public schools are not doing the best for every child in Pennsylvania. So if the families want their child to have a better life because education leads to a lifestyle, that they should be allowed to have this. And the businesses that are supporting this feel the same way because they need well-educated students to come into the workforce eventually. So the whole thing is part of educating people and getting them to the best quality education that is available. So, you know, it's always a battle about money. We're always talking about money. And it boils down to we spend $23,000 for each student in Pennsylvania, which is a very generous amount of money, according to statistics in other states. But when you talk about return on our investment how about that investment Are we really getting a good return on the per student when we have so many low failing schools in the Commonwealth of Pennsylvania Luckily, in my district, I have really good public schools, but not everyone can say that across the state. And it has to turn around at some point. This has been going on for decades. For decades and decades, in my area, I know of some schools that have remained in the low-performing category for decades. And no one's investigating why or doing anything to change that. The more money we give, the more the scores go down. So something is not working, and we should be looking at ourselves as an education committee and asking why the children are not being educated. Thank you.
Thank you, ma'am. Chair Culler.
Thank you, Mr. Chairman. Thank you all for coming here. You know, I actually view this issue very differently. I had the privilege to go to public school. So did my kids. I respectfully disagree with one of the prior speakers who indicated that you can't go to college today and not accrue debt because I do believe you can. The path is much longer and it's much more difficult. You can work your way through school like my wife and I did. You can have an employer that does that. So the question is, is how do you get into a position where you have that kind of opportunity? And I think that this plays a small part in it. So my questions are actually more programmatic administration. so I think they'll probably be directed to you, Mr. O'Donnell. You mentioned that it was near capacity. I just want to be very clear. The near capacity point, was that the utilization of the credits? In other words, we were undershooting that, not that your office and its staff were at near capacity, like you couldn't handle any more processing. Is that correct?
Right. That was before budget increases. I think it was I mentioned capacity. We were nearing being sold out of credits, if you will. Yep.
No, understood. and I remember because I was here, I don't know if any of you all were, with the significantly long impasse with Governor Wolf, there was the issue because we didn't have the language regarding the, what I'll call the safe harbor if you were an existing person, and then they didn't get their renewals in time and they were essentially kicked out of the program. Was anybody here during that time? Because that is an example of where I think a very late budget It did, in fact, impact the administration of the program and the utilization.
Yeah, I lived through it. That was Christmas Eve, I believe, 2015, if I'm right on that year. All right. The release of the letters happened on Christmas Eve.
So I do think that late budgets, to Representative Anderson's point, play a very big role. Despite when the actual tax planning occurs, I think that that uncertainty itself probably does, in fact, cause some issues. I personally have some issues with the dates. I appreciate the timeline chart that you all from the Department of Revenue laid out. There's like 11 steps there. It seems very complicated. But I'll simply point out that they don't really coincide really well with school budgeting deadlines. They don't coincide necessarily with the tax year. And when that paperwork kind of bleeds into the next year, that causes some administrative issues. Mr. O'Donnell, in regards to data, I know that the My own public school, the one that I went to, the one that my kids went to, they have one of those EIOs. They utilize that for some of the, I believe the word is innovative educational programs. Do we have any data internally, like how many EIOs there are, how much of the credits that they utilize? I think you mentioned that they're oversubscribed, 26 to 29 million. Is that correct?
Correct. Yeah, so we're approaching 1,000 EIOs. In comparison to scholarship organizations, there's roughly 260. So a significantly higher dollar amount of EIOs. That includes public school foundations, as you mentioned, libraries, museums, theaters, orchestras, all sorts of innovative learning. And $74.5 million, those credits are fully exhausted as we speak today with a waiting list approaching $26 to $29 million. Okay.
Okay. So, and that's just based on the current numbers. I assume you'd see that same catch-up mechanism that you kind of described as the limits go up, it kind of backfills and eventually re-equalizes at some point. Under EIO? Yes.
So I could tell you that EIO increased from $54.5 million to $74.5 million two fiscal cycles ago, and that $74.5 million was fully allocated immediately that year.
Okay. Very good. Thank you. Because that's an area that I think is often overlooked is that many of our public schools actually utilize these credits as well in those innovative type learning models. I also do want to put a plug in for the arts and some of the other STEM-related subjects that may not necessarily always be covered in school but are covered by these programs. And Dr. Orl-Protella, I appreciate you joining us remotely here. You mentioned, I think, twice that there is no property tax money that is used in the Arizona program. Is that – I hear you correctly on that?
Yes, sir. That is correct. Our equalization formula for charters and ESAs is 100 percent out of the general fund.
Right. Okay. Very good. Thank you. Because I can only assume that if all of those kids would land back in the public school classroom, that would, in fact, raise property taxes for those local residents. That is, I just think, common sense, because I think the one issue that we're missing here is the fact that some of our schools may not have the capacity to actually take all of these students back. And that's something that if we're going to collect data, I'm all for accountability. I've said it when we had the charter hearings. I think it's important. But the reality is, in that world, I'm all for accountability, but it needs to be applied evenly. As was mentioned earlier, we have some school districts that are continually poor performing, and we have to get to why that is. I personally, as someone who learned in a very nontraditional way, always viewed it as not everybody learns the same way. Some people learn, you know, and we saw it during COVID in a very real time. Some people excelled at online learning. Others did not. And I had and that was an even split amongst my kids. Our daughters did not as great in the online world. My son excelled in the online world. But I recognize that we can't have a system that fits everybody's needs. And I understand Representative Probst's comments regarding the funding and her feelings on that. I personally disagree with nearly everything she said because I think that we should be focused on the students and what opportunities do we have to help the students succeed. I appreciate the efforts that you all have done to streamline this process I still think that we might be missing what I call the administrative mark in that world So if there any improvements that we can do there I'm happy to help and offer my assistance with that as we go forward here towards the budget time as well. Because I think that getting the budget done on time, providing that level of predictability, I think that really sets the table. And we can have real discussions about, you know, do we put enough money in all these different pots? But in terms of the percentage increases, and they were thrown out earlier, 353 versus 60 percent, it's simple math. It's the difference in the base number that we started with. Those increases in the early years will look huge because we did make substantial increases, But it was $50 million or $75 million or $100 million at a time, while the basic education funding alone was getting hundreds of millions or a billion dollars. So the percentages are not the true way to look at that. It's less – roughly it's 3.5% of the overall education spend. Thank you, Mr. Chairman.
Mr. Chairman, if I may? Briefly, ma'am, yes.
So the way that our property tax system works for our core funding formula, not to get too much into the weeds, but it is not connected to the actual school funding formula. So if a student were to return from a charter school or an ESA to the local school district, there would not be any change in the property tax rate. It's just the amount that the state backfills that changes. And because the district formula is lower than the charter and the ESA formula, the state has less funding going towards that student if they return to a public school. But the local tax rate is not changed.
Dr. Orpertella, so you're saying that the existing students do consume a portion of that property tax revenue?
the public school students are partially funded by local property taxes. Charter and ESA students are not, but the tax rate is set regardless of the number of students that are in charters or in the district public school. I know it's a little confusing, but the two are not connected.
That's what I'm saying.
Sort of the tax policies are not connected to the funding system. There's a uniform tax rate that is set regardless of enrollment.
But if your student enrollment increases, that new uniform rate would never change?
Correct, because the rate is only based on property wealth, not enrollment.
Well, we do it very differently here in Pennsylvania, and I must say that you're – Yes, you do.
In fact, we had a lawsuit, which the chairman and I have discussed at length on it.
But the idea, I struggle to understand the simple math. If you add more students, you add more costs. You're going to have to make that up at some point. The funding level is different also. That's the other thing that's happening.
Thank you, ma'am.
I have some questions, if I may. Mr. O'Donnell, let me start with you, if I may. You said in your testimony something that was interesting.
you said you are not allowed to collect certain information about the students, about
the various, any specific information about a student, but anything else. Can you elaborate on that a little bit Yeah so the EITC legislation since the program began 25 years ago outlines clearly in the legislation what the department can request from all program participants It clearly defined And then the final statement in the legislation ends that the department cannot ask for any additional information as expressly outlined in this article or something to that extent
And what are some of those things that you think would be helpful to have that you don't? Again, I'm going to refrain from opinions just in the chair that I sit. But as Stacey mentioned, through the IFO's findings, they had some data points in there in regards to income levels and academic successes of students and those sorts of things that Stacey could elaborate on.
Then I'll punt over to Stacey.
Can you talk about those a little bit, things that we simply don't have?
Yes, we had a list. the change in student outcomes or academic achievement after the switch to a private school, scholarship awards by family household income, the share of tuition offset by the scholarship, the school district where the scholarship recipient currently resides, the school that the student attended in the year prior to the scholarship award, whether the students denied the ETC scholarship attended the school regardless. Now, some of these were added in Act 33 of 2023. They were added, and the data that you collect is now a little broader, and they're supposed to be a report issued in December of this year. Is that correct? But all of these data are not collected, just some portion of them.
The statute was amended.
I'm going to punt over to Mr. O'Donnell.
What are the, can you remind us what the specific data that is now allowed to be collected by the department that we'll expect to see in a report from? Yeah, so that will start with school year 25-26, our current school year when all of our participants renew their status with the agency. We will now have a dollar amount of every individual scholarship that was awarded, so across the board. We will know the school district of residence for each scholarship recipient and family. We will know the name of the school that that student attended for the 25-26 school year. And we will also identify whether or not it was a student with a disability to be broken down by K-8 and 9-12. Those are the four new data sets that will be part of 25-26 school year reports.
Okay. So what's really helpful about this is that I want to dispel some of the notions that we have here. Even with those changes the legislature enacted, I want to be clear, none of this has anything to do with the administration. You are following the letter of the law, and I get that, and I respect that. But we still, even with this new data, we have no idea if a student who leaves one school district and goes to another school, if that kid's actually doing better. We have no idea, right? Like, there's no way for us to monitor that. Even with this additional information, which, again, begs the question, what if they're doing worse in that school? Are we to continue to fund that kid doing worse? I'm not really sure if that makes a lot of sense from our perspective. Certainly, we should be concerned about that. Do we have any details or data about the academic performance of these private schools?
DCD is not. No, we have no academic performance measures for the tax credit programs.
Okay. And I'm guessing Office of Budget doesn't either. So we could be taking a – now, we went through this with the cyber schools. where the largest cyber school has 95% of their students can't pass basic math. And we were, but we're at least able to track that that school is the most underperforming publicly funded school in the Commonwealth of Pennsylvania But we don have commiserate data for million That not true because I have to take out the EIOs But the plus million of funding that going to these schools we have no idea if these schools are even good. Right? That seems like a problem that we're funding all these schools. Again, more than we're funding the entire Department of Agriculture for that as a problem. So we're not allowed to do it because the legislature collectively has said we actually prefer to not know. what's actually happening. That seems dumb. I want to keep my focus on students before I get to the tax credit information. One of the programs, several of the programs, and we've heard some members talk about it benefits economically disadvantaged students, but that's unclear because what we know is they come from, or at least we assume they're coming from economically disadvantaged school districts or otherwise underperforming school districts. Is that correct?
For the OSTC program, that is correct, yes.
Okay. So it could be a rich kid that's from Philadelphia.
Possibly.
Okay. And we don't actually – it could be a rich kid from Philadelphia that went from
one Catholic school to another one. We have no idea.
Correct. Okay. So maybe it's helping a poor kid do better in a school, which is fantastic. We're not opposed to kids doing better. I want to be clear about that. We just want to make sure that the dollars that we're investing in is to make sure that we're targeting those students that we're trying to improve their life and make sure that the dollars that we're spending are actually being effective. We have no way to know that. What happens? Now, I like to talk about Philadelphia and Lower Marion. They're separated by a road. Lower Marion is one of the wealthiest school districts in the Commonwealth of Pennsylvania. Philadelphia is one of the poorest. If a kid is in, if a student, even if they are wealthy, lives in Philadelphia and they get the OSTC scholarship to go on to some private school, and then the family moves across the street into Lower Marion, does that tax credit still follow that kid even though they're no longer eligible? Do we have any way of tracking where the students actually live?
So there is a different type of grandfather language for that example. When the OSTC program first launched, there was not grandfather language in there. In your example, if a student or family moved across the street and now they're in a different public school, the OSTC scholarship is no longer available. There was quickly amendments put into OSTC that allowed a five-year retainer eligibility for that family should they relocate into what would be considered a non-low-achieving school. So it's five years or up until graduation.
The student maintains OSTC eligibility. Are there any original residency things? Is there any reason for me to believe that we have any checks on any potential? I'm not accusing families of any misgivings or any misdoings, but did the student have to live in an economically disadvantaged school district for any period of time before they became eligible?
I'm not familiar with the timeline requirement.
Okay. So all of our school districts for charter schools have investigatory ways of making sure that the child that's going to a brick-and-mortar charter school, for example, still lives in their district. That way the sending district knows whether or not they're actually supposed to be paying for that child. But we have no comparative sort of outreach, oversight, et cetera, et cetera, et cetera, of something similar because we don't actually know who the students are that are getting the funding.
The scholarship organizations would know the students that are being funded. And what is the word? And we'll ask them. A minute.
Interesting you brought up the scholarship organization because I have a deep thought about one of them. But what are their requirements to tell you that that's actually happening? In regards to a student relocating?
Yeah.
No, that is not a requirement that they would tell us. So how can we trust them? Fair enough. I won't ask you to answer that. I'll say that rhetorically. So we are putting our trust in the hands of nonprofit organizations who are selling tax credits or brokering tax credits or helping individuals or businesses get tax credits and saying, trust us, this is cool. This is going to be fine. Okay. Again, I'll let you go on that. I want to move off of the students because I think I don't want to lose sight of – I wanted to start on the focus on the students because I'll speak only for myself. Our goal has always been to invest in kids. And if it costs $1,000 or $100,000 to invest in a kid, we're going to do that. But we want to make sure that the dollars are being spent appropriately and that we're actually, again, getting what we're paying for. So we started with that, with the conversation about the kids. I want to talk about the tax credits a little bit. And I don't know, Stacey, if this is for you or for the Office of Revenue or DCED, but is it fair to say that businesses or SPEs, which are individuals posing as a business or filing paperwork to be able to qualify for this as a business, I'm not alluding to any malintent, that are getting this.
they would be paying those taxes one way or the other. They're really not donating. They're directing where at least up to 90% of their tax dollars go. Is that fair to say?
That would be correct.
Okay.
And so if their tax liability is – I'm just making up numbers because math is not my strong point, as I think everybody on this committee will know. So if their Pennsylvania tax liability is $10,000, They do a $10,000 contribution to a scholarship organization or to an OSTC-eligible school. They're paying $1,000 in taxes. The other $9,000 – well, they're still paying $10,000, but they're saying that $9,000 of it, to represent a frills point, isn't going to health care or isn't going to fill a pothole or isn't going to a public school. It's going to that school, right?
They're directing their taxes. Correct.
And the other 10% that they're not directing their taxes for, that would kind of be considered a contribution. Is that like tax deductible on a federal level?
It's my understanding it is. That would be more of a CPA directed question, but it's my understanding, yes.
Cool. Because I think it's fair for us to dispel the notion that individuals are – I'm not saying that it's not a good thing for them or for their businesses or for the special purpose entities or whatever to do this. But let's be honest. They're really just directing tax dollars, right? They may be contributing over and above, and that's fantastic. We certainly love when folks contribute to charities. I do it as well. I write my $150 check-a-thon every year to make sure that some additional research for kids with cancer. But that initial part that is EITC eligible is really just a direction of tax dollars. It's a way for folks to tell us how to spend dollars.
I mean, a lot of times we would refer to it as foregone revenue, and these corporations SPEs are donating money They not getting anything for free It just not coming in to friends at the the Department of Revenue Casey did you have something You like played with your microphone I didn know of Oh Probably smart
Thank you. So I'm going to stop here because I know we're running 10 minutes beyond for the next panel. I genuinely appreciate it. But I think it's extraordinarily illuminating to understand what we're actually talking about here. This is directed tax dollars. This isn't necessarily additional money. it's tax dollars that the commonwealth would otherwise have to be able to do what we wanted to with it or what we felt what our voters have decided uh that we should make those decisions on we have very limited data on the students that are receiving the the scholarship money and most importantly are they actually doing better we have limited information on the schools that are actually receiving that are accepting these kids and uh we spend a whole lot of money to do it so i genuinely appreciate all of your testimony thank you for joining us from arizona i know the time difference is it's a little early there. It's early for some of our members, too. So thank you very much for joining us two hours behind. That's a lesson to all of our members. If she could do it, we could do it. And thank you very much. I'm going to go ahead and ask panel two to start joining us. I'm going to put my glasses back on so I can actually see who they are. We are joined by attorney Jed Silversmith, who's the director of the Montgomery County Scholarships Incorporated, otherwise known, I think, as the Friends of Education. But I'm sure you, sir, will correct me if I'm wrong. I have no doubt that people like to correct me when I'm wrong. Mr. Paolo Zambi is the head of school for Imani Christian Academy. And Ms. Shannon Fagotti, who's the executive director of the Baum School of Art, who is an EIO from the great city of Allentown. And I'm going to emphasize great in Allentown for that. Thank you all for joining us today. Again, same rules apply, folks. If you'll be so kind, please give us a summary of your testimony. We don't need you read it all to us. But if you could give us a summary and we'll turn it over to questions for members. So Mr. Silversmith, if you'll be so kind, sir.
Thank you. My name is Jed Silversmith. I'm an attorney in Montgomery County. I am a native Pittsburgher. I attended Duke University and Penn Law School. I learned about the EITC tax program in 2018 when Congress enacted the TCJA or Tax Cutting Jobs Act. I set up at that time two of these things called special purpose entities to raise money for my children's schools as a volunteer. Over the years that program has grown, I now do it as a full-time job raising about 40 million dollars in EITC contributions for both EIO charities and scholarship organization charities. I believe that the process works. We set up these SPEs to allow individuals to access the credits. The bulk of these states' tax base consists of personal income tax payers, so this is an opportunity for them to give without overwhelming the state with the administrative burden of dealing with hundreds or thousands of individuals.
The way we work is individuals sign our paperwork, they enroll, they write a capital contribution or a donation to their preferred charity. We collect the money. If the money is given to an EIO charity, we distribute it within 60 days of what the state calls an award letter, and it goes right to the EIO charity, and then we process the paperwork on the back end to ensure that the donor gets their tax credit. If the money goes to a private school it goes to what we called a scholarship organization The scholarship organization then collects data from the private schools which the private schools certified us as accurate and then we remit the gifts to the private schools consistent with the data that they provide to us. We think the speech structure is an effective way to work because it allows individuals to participate. It allows less individuals and charities to sort of interface with the state because we've learned that DCED does have a limited staff. And by working through us, you know, we sort of can – we sort of – you know, we deal with the individuals. And then if it's a problem, we can address it usually. And if necessary, then we can escalate it. And, you know, we think the program works. Just a couple other points that I think were not touched on earlier. You know, there was a lot of discussion about EIO funding. I think that that's just a significantly different animal than SO funding, and especially Representative Probst. I mean, you know, that funding is directed directly to public schools, including school district foundations throughout the state. The other thing that I think the committee should be aware of is that there have been changes to the federal tax law on charitable deductions both by businesses and individuals. And we believe, and we don't have any data to support this, but I think it's widely believed, that as a result of the One Big Beautiful Bill Act, there is going to be substantially less charitable giving that's going to impact both private schools and these EIO charities. So one thing to think about in terms of this program is if you cut it, these organizations are going to take hits in other ways as a result of that legislation. The OBBA, O-Triple BA, I should say, enacted a federal tax credit. One of the representatives earlier touched on that. You know, we think Pennsylvania should opt into that program. That's a decision I think that needs to be made at the governor's level, not at the state house level or state legislature level. That program's a little different in terms of how it's administered, but we think it could pair particularly well here. And as I say in my written remarks, we think it actually might increase the amount of money going to private schools without necessarily increasing the cost of the state because of the way the two programs are going to work together. I don't know that. That's just my sense of how the programs work, but I certainly think that's something that's worth exploring. The final thing that I think is worth mentioning, it's changed again slightly due to the OBBBA and certainly but it's certainly true with all these SO all these tax credit gifts and certainly the EIO tax credit gifts this sort of structure the state's created works as what's essentially a work around for the $10,000 now $40,000 limitation on state and local tax deductions that individuals pay and so one of the things to consider, particularly in terms of funding EIO gifts, is that by pouring money into the EIO credits, you save Pennsylvania taxpayers money on their federal return because they get essentially what I call a salt workaround that's been blessed by the IRS. Thank you.
Thank you, sir. Sir?
Chairman Swire, Chairman Cutler, members of the committee, thank you for inviting me to testify before the Pennsylvania House Education Committee regarding the importance of the EITC tax credit programs EITC OSTC and EDS My name is Paul Lewinzambi I the head of school for Imani Christian Academy a private pre through 12th grade school located in the East Hills of Pittsburgh that sits adjacent to two subsidized housing developments Imani's mission is to embrace all children, especially the underserved, transforming them academically, socially, physically, and spiritually to pursue lives of purpose and contribution. Each year, Imani has approximately 150 to 170 students who hail from the neighborhoods that have historically experienced intransigent poverty and transgenerational underinvestment. These include the Pittsburgh neighborhoods of the East Hills and Homewood and the municipalities of Wilkinsburg, Penn Hills, and Woodland Hills. According to the most recent census, the medium household income of the East Hills of Pittsburgh is $25,000 per year, and the unemployment rate is approximately twice the rate of the city of Pittsburgh. Many of our students come from single-parent households. Additionally, based upon our student demographics, all students are eligible for free and reduced lunch. As a purpose-driven school, we do our best to prepare our students to succeed in the next phase of life. For some, that will be university or college, but for others, it may mean the trades, military service, or the workforce. Year on year, we have graduated 100% of our senior class on time. 100% of our seniors are accepted to college, and for the last two years, 100% of the class has enrolled in university or college. This educational opportunity is made possible because Imani is eligible to receive tax credits through the EITC, OST, and EDS programs. Tuition at Imani Christian Academy is $18,000 per year. But our families pay $1,650 for the first child and $400 for each additional child. The tax credits provide scholarships that help to address a portion of the delta between the parent contribution and the actual amount of tuition. What remains is addressed through Imani's fundraising efforts. These credits made it possible for families of modest means to access holistic education that they would otherwise not be able to afford. Importantly, these resources provide our parents with the right to choose the educational destiny of their children. I am reminded of a promising young man currently in high school who has attended Imani since elementary school. He happens to live in the subsidized housing adjacent to the school with his grandmother. His grandmother chose to send him to Imani because unfortunately many of the schools that he might have attended were identified by the state as low performing. In addition, neither she or he felt that the options accessible to him provided him a safe environment to grow and learn. This is an experience that is shared by many of our families and students. The tax credit programs free them to select the school of their choice. It liberates them from being forced to sacrifice safety and accept underperformance simply because they live in a specific zip code. Imani appreciates the opportunity to provide them with the freedom to exercise their educational choice. We also appreciate the meaningful avenue out of poverty that these tax credits create for our students. I thank you for the opportunity to testify today, and at this time, I'm pleased to respond to any questions you may have.
Thank you, sir. Ma'am?
Hi, my name is Shannon Fugate. I'm here on behalf of the Baum School of Art in Allentown, Pennsylvania. We are a non-profit community visual arts school that has served the Lehigh Valley for 100 years, and we are an educational improvement organization. We serve over 4,000 students annually from young children taking their first art class to adults returning to creative practice later in life, and we offer classes in art, design, and fashion for children, teens and adults. We hold accreditation through the Accrediting Commission for Community and Precollegiate Art Schools and this accreditation affirms that our instruction programming meets the highest national standards for quality, rigor, and student outcomes in the arts. This year we're proud to celebrate our centennial, 100 years of serving our community, and we really do believe that creative education is important for everyone and we've worked to earn the trust of our community over 100 years. It's not by accident. Recently we completed a significant building renovation adding over 5,000 square feet of space and renovating our existing 25,000 square foot building in downtown Allentown and it's a direct response to the years of growing enrollment and increase in demand for our programs. And this renovation positions us to serve more students and offer a broader range of programming and it allows us to to evolve and continue to meet the needs of our community. Allentown is a diverse, working class city where close to one in three children lives in poverty. Many of the kids who come to our programs are navigating real hardship, economic stress at home, learning English as a second language, and searching for somewhere they feel like they belong. Through our approved programs as well as after school prep, after school classes, summer camps, school partnerships, and financial aid, we reach over a thousand students annually who would not otherwise have access to quality arts education. Community outreach has been part of our mission since the school was founded, and since then we have connected with tens of thousands of students across Allentown's most under-resourced neighborhoods. Students build confidence, resilience, and skills that otherwise might be difficult to achieve in other learning environments. There's solid research behind this. Students who participate in arts education tend to show better academic performance stronger problem-solving skills and lower rates of chronic absenteeism. For kids in lower-income communities, access to the arts often opens the door to broader engagement in school. Arts education is practical education. The skills students develop in a studio, attention, persistence, the ability to take feedback and revise, clear visual communication, these are exactly the skills employers across every industry say they need. We do not believe that what we do is separate from workforce development. For many students, arts education builds foundational skills for future success. The funding we receive through the Educational Improvement Tax Credit as an EIO is one of the key components of growing our outreach programming to our community, and it incentivizes the business community's investment in arts education and allows them to support the development of creativity. And it creates critical opportunities for partnership between private and nonprofit sectors. Allentown has seen a large reinvestment in downtown recent years and cultural institutions are part of what makes a city worth inhabiting and attracting investment. The bomb school draws people into the community, supports neighboring businesses, and contributes to the kind of environment that families and employers find desirable. Appreciate the time to talk with you today We do appreciate the support that we receive through the EITC It is not the sole support. We do receive a lot of private dollars as well
so happy to answer questions thank you for having me Thank you all very much First questioner is Representative Anderson I first want to thank Chair Schreier
I think this is the kind of hearings that we need to have where we have panels and testifiers from all different perspectives. And I think that's a really good way to handle this. I want to just clear up something as these hearings go on and on, because really this is about school choice versus just public school. I think all of us, hopefully, all we want is an even playing field. It doesn't have to be one or the other. And I think we engage, we get caught up sometimes in this one or the other mentality. but if we have an even playing field we really should and we say here's the rules for this group here's the expectations for this group here's the funding for this group I guess for me fair minded we should have the same expectations for everybody we should have the same academic expectations how people use their use their money and for me this is only about kids I'll be honest with you that's it be fiscally responsible. Certainly we can't jeopardize our kids' future, but that's not just with education when it comes to fiscal policy. That comes to fiscal policy with every single thing that we do. So, but this is about students. I want to get rid of some of the narratives because we around here often focus on narratives instead of what is true. So this doesn't impact public school. EITC is not going to destroy public school. It's not going to hurt public school. In fact, what I always use in Florida as probably the most robust school choice system in the country, 85% of the kids still go to brick-and-mortar public schools. It hasn't destroyed public schools. It has made public schools better. But I want to specifically focus on Imani because your story, I went and read your story. It is absolutely incredible. We heard that this program is going to lead to the have and have nots, which is simply just I don't understand that argument at all. But I'll ask you, is Imani, are they serving rich kids or what kind of kids do we serve? And I know you mentioned it, but are they serving wealthy kids? Are they serving primarily kids that are underserved and disadvantaged?
I can say without equivocation that these dollars are going to students who are underserved, who are underprivileged, who are at risk, any term that you want to apply. Our students hail from areas of the city that have not seen any significant investment. We're not talking about a generation in poverty. We're talking about generations of people who have lived in poverty. We're talking about an area of the city where, frankly, the public school there, the high school there, shut down. There is no high school there. Those kids get shipped somewhere else. And Imani is an alternative for them. The unfortunate reality is their parents have to make choices. And some of those choices mean that they have to look at the reality of the situation and say, I could send my child to a school that the state of Pennsylvania has identified as low I could send my child to a school where every day I will be preoccupied with the fear that something is going to happen to them because I don believe that that school is safe for my child. And I'm choosing to make the election to send my child somewhere else. And they are grateful. They are infinitely grateful for the opportunity to do that because these tax credits give them the ability to exercise that educational agency for their child. And that's all they want. They simply want a chance for their child to have a better future. My second question would be, because we continually hear at this hearing and we've heard outside the hearing, that funding or the program itself should be connected to performance or should be connected to outcomes, which I 100 percent agree. I would love to connect funding to every school in this Commonwealth, public, private, cyber. I don't care. That would be wonderful if we were going to remember, if we're going to apply it to one, we need to apply it to all.
So I would ask Adam Mani, I know you talked a little bit about your success academically. Could you kind of expand on that? If you're bragging on your school, how would that stand up to the other schools in your area?
Well, I mean, I can speak to Imani. I think for us the litmus is, you know, what happens at the end of the process, right? I mean, a child goes through 12 years of education, and one of the big questions we should have is, do they graduate? Do they complete that course of study that makes it possible for them to pursue higher education? And for us, the answer is yes. We graduate our seniors, and we work very, very hard to do that. We make sure that they take a course that is exclusively devoted to them applying to college, applying for scholarships, and we connect them with the resources to do that. Because we know fundamentally that if we don't do it as a school, it is unlikely to happen in the community or in their homes. We're invested in their success, and that's what we achieve.
My follow-up question to that is then, how many students do you have that attend Amani?
Anywhere between 150 to 170 students annually.
So Imani via EITC, because without EITC, Imani would not be possible for these families.
Is that correct?
That is a correct statement, sir. So we keep talking about how do we know. We could probably have a lot of Imanis here, and we would know. I think there's more. Your story's great, and there's other stories out there. But we know at Imani specifically, we have 150 almost exclusively underprivileged at-risk kids, like you said, however you want to describe it, who came from failing schools, have been academically successful, has great opportunity for success. because remember we're focusing this on kids. 150 kids that were, and I'll say it this way, saved from a life of non-opportunity and because of Imani and EITC have opportunity they wouldn't have otherwise had. Is that correct?
Yes, absolutely.
The last thing that I want to address is the corporation's narrative. Would Imani, would the EITC program or Imani be in business if it weren't for generous donors from corporations or other private institutions?
No it would be extreme it would be just about impossible to operate It is one of those great partnerships that we have We have businesses in our area who have concluded that one of the best ways to develop the workforce of the future and the workforce that they need with the capabilities that they need to achieve what they want to achieve in business is to invest in education. And they've elected to invest in us because they believe in what we're doing. And frankly, they believe in not leaving these children behind simply because they were born into a particular zip code that afforded them fewer opportunities than somebody else.
So regardless of your ideology on big bad corporations, I would suggest to the other 261,000 nonprofit educational organizations, regardless of their ideology, would also not exist. and to apply the idea, remember applying everything fairly, that somehow this is benefiting corporations and the corporations, we shouldn't do this because of corporations, then we wouldn't have the United Way, we wouldn't have the YWCA, we wouldn't have Wounded Warriors, and we wouldn't have the hundreds of thousands of other charities. So that's not a bad thing that the private sector is investing in education. In fact, I was just at Penn Tech a few weeks ago, and what they bragged about just met with Harrisburg University students this morning. And the things that they're very proud of was that partnerships with businesses and community organizations that make their education better. And I will finish with this one thing. If we are going to connect funding to performance, I'm all for it. I think we move ahead. All for it. Let's connect funding to Imani. And then let's connect funding to the eight schools. There are eight schools in the state of Pennsylvania that do not have one kid proficient in math and reading. So let's apply the same, because what we hear all the time is, well, if we give those eight schools more money, they'll be okay. We give them a lot of money. So let's take that standard and move forward. I'm more than happy to do so. We can go across and talk to Senator Williams, who has repeatedly said, I have voted for every spending increase in the history of my career. But I'm done because the high school in his neighborhood is the high school that does not have proficient students when they graduate. Kudos to Imani, kudos to schools like yours that have decided to do something about it, regardless of the politics, regardless of the ideology. Thank you for focusing on kids. Thank you, sir.
We have Representative Isaacson, and then I'm going to turn it over to Chair Keller.
Okay, thank you. I'm sorry. I'm going to be real quick, but I'm going to have to answer something because my question now has to be premised, and that is this hearing today wasn't about we're getting rid of EITC. It was about finding out information about it. I voted for increased funding. My kids went to a Catholic school, so I understand how it all works. But we, in this tax credit situation, we've kind of abdicated our legislative job of allotting money, which is what we were elected here to do, and we're allowing companies to direct the money that we're supposed to be directing. So we're trying to find out information. So undoing that, that's where I come at this, is trying to be fact-finding. And one thing that's really struck me is where you're located and what you talked about. Monty, I'm sorry. I'm just directing this to you. With regard to your student population being underprivileged, shall we say? Would you be able to enroll more students if there was more money accessible, say, through OSTC rather than just the EITC? Because you're kind of competing with people who obviously have a higher income situation than it sounds like most of your students. If we had more money available through OSTC, would you be able to increase the population?
I think the answer is yes and both. We have a great many students who clearly qualify for OSTC, and they would benefit from an increase. but we also have a number of students, significant number of students, who qualify under EITC. So I don't necessarily think it's an either-or, and I apologize for seeming a little greedy here, but both would be great.
No, no, like I said, we're at a fact-finding. The point that we're making with that is we have been funding, as I pointed out earlier, I don't know if you were here, but we have been increasing and increasing exorbitantly the amount of money that goes into the EITC, higher than we've been increasing what goes to the OSTC. And so I want to make sure that everyone understands where I'm coming at this from in this fact-finding that we're doing, not sitting here trying to say what we're trying to abolish something, because that's not what the purpose of this hearing is, nor is it how I came to this. I take my responsibilities on this committee just as seriously as everybody else does, and whether I agree with people or not, I'm trying to learn so that we can make sure that if we are funding these programs, that it's getting to those who can benefit from it the most. As you said, you don't have a high school any longer in the community. We want to make sure that all children are educated. Could I just ask, following up on our last panel and then I'll be done, would you have any problem or would there be such a burden to start reporting information so that we, whether it's the executive branch or us as the legislative branch, could find out more about your students, how they're performing, and how the money is being, that should be coming to the Commonwealth directly as tax dollars, but is not and is being diverted, would there be a problem of reporting so that we understand that money that was supposed to be ours is being utilized correctly.
Yeah, I mean, I'll answer that by simply saying I think we do that now. I think the challenge, however, is, and I'm not sure how it works once it gets to the level where you are here. You're reporting to the entity that's helping you, which would be Mr. Silverman's type of situation. You're reporting to them. That's not getting to us, but it sounds like you wouldn't have a problem with that information getting to us.
No. Okay, thank you.
And if I could just add, when we collect data from the schools, I don't know that every scholarship organization does this. We ask for essentially a line-by-line data per student. So we'll ask for a student name, address, parent income, and then we break it out two ways because I find a lot of people don know the difference between the number of people in your household and the number of dependents So we asked the same question twice to make sure that they quote EITC qualified And then now we ask about school district. And although we don't ask it because we just, the schools don't track it.
Do you ask for success?
No, I've heard that today. And, I mean, I have two children who attend school. One of them switched schools two years ago. and I don't know how I would measure his success at the new school. There's so many factors that go into that, and I can say this more as a parent. Maybe the student's performing at the same grade level, but they're happier or they're in a different environment. I don't think anybody would have a problem with making sure if children are happy in their educational environment, but for the purposes that I'm getting at is would there be a problem with actually sharing data so that we would know that the money that should have been coming to the Commonwealth that isn't is at least being spent in a way to make sure children are getting educated?
I don't have a, certainly I don't have a problem with that. The only question I would have, and it's not for me to answer, it's more for the people who report back to me, the CFOs of the schools, you know, how do you aggregate that data? So when I ask for financial aid data, they can pull that from their financial aid systems. I don't know that that necessarily ties in with grade average. And I do think there might be federal education restrictions on disclosing that information. I don't know that under FERPA. But in principle, am I opposed to it? Absolutely not. In practice, I don't know how easy that would be, that last step of academic success. Okay, thank you.
Thank you, ma'am. Chair Kettler. Thank you, Mr. Chairman. I want to thank this board for coming
today as well. Certainly appreciated hearing about the great work you're doing on Imani. So thank you for that. I think it's meaningful and impactful. And to Ms. Fugate, I want to thank you for your school. As someone who has zero art talent and zero music talent, I do appreciate the education that comes from learning all of those skills. So thank you for opening up those opportunities for so many people. And Mr. Silversmith, I want to thank you for coming. I can only imagine what it's like to regulate and straddle the state and federal differences amongst all of this. That's actually the basis of my first question, which is you alluded to the big, beautiful bill and the federal income tax. I've urged our governor to opt in early. What benefits or concerns do you have if we miss that window in terms of administering the tax credits?
I mean, there are a lot of issues with opting in. First of all, I mean, you know, any resident of the United States is eligible to make a gift. I mean, so why would anyone say, we don't want that money? And effectively, that's what you would be saying by not opting in. I think the state needs, and I suspect other states are wrestling with this, and we need to see what the IRS is going to do. As I allude to in my testimony, the income restrictions at the federal program are much, much higher. They're almost double what they are in the EITC program, which is even higher than OSTC. And as I learned today, Pennsylvania is more generous in terms of EITC awards than other states. So I would think the state's going to have to wrestle internally with creating rules that say, like we going to let you make participate as a federal recipient of these funds subject only to the EITC ceiling which I think they can do not subject to the higher federal ceiling I also see an issue that I don know that the state can fix but that I think will have to be addressed, which is that the federal program is designed for individuals to make gifts, and the individual will get a tax credit similar to the Arizona program that we heard about by essentially ticking a box on their return. The state program is designed to award credits at an entity level. Individuals who participate through entities. So the IRS or the state or both are going to have to harmonize those two programs. As I do explain, though, I think there's an opportunity to raise money for the state without raising, essentially, pouring additional funds into the program. Because as I see it, right now you offer a 75% credit for one-year participants, 90% credit for two-year participants. I suspect a lot of people, let me take a step back, under the federal program, if you make a gift, you can claim a credit for any portion that you're not receiving a state tax credit. So I can certainly envision a scenario where under the $1,700 credit program, someone gives $17,000 to a private school or scholarship-granting organization, and they receive a 90% state tax credit and a $1,700 federal tax credit. I suspect over time people will opt down to do this at the 75 percent level, make a $6,800 gift, they'll get a 75 percent state tax credit, and they'll get a $1,700 federal credit. That will, of course, free up more credits because the program's capped at the number of dollars. So I think what will happen is more people will participate. They'll be participating in receiving smaller tax credits, more burdensome for people like me. but they'll be able to make that gift at no cost, not limited cost. So I think that that is the real thing that needs to be explored with opting in. Thank you.
Closing comments, Mr. Chairman? Sure. I want to thank all the testifiers for coming today. I certainly don't think that this is, you know, that unusual. I appreciate Chair Schwyer bringing this up because we actually do agree on the issues of oversight and outcomes. We differ a little bit in terms of our approach. As I indicated earlier, I'm a full supporter of the EITC and the OSTC and the work that's being done in this world and the work that is being done in the EIOs because I think it's very, very important in terms of opening up those opportunities. A couple things that I think that while we talk about numbers here and we talk about the budgets, here's the reality. We already have the seventh highest cost per student that we allocate for.
Of our $50 billion budget, almost $19 billion is directed towards education. Of that $19 billion, $680 million is what we're actually talking about today. I think that we have a model that we've already explored and we worked through in prior sessions, and that's in terms of the performance-based funding for higher education. That's something that we brought to the higher ed world because I do think that outcomes are important. I'm less fixated on how much money are we sending to which schools and what that looks like, but rather I'm kid-focused and outcome-focused. I want to know what opportunities do they have that they otherwise would never get but for programs like this. I think that the work at Imani speaks for itself. You got a high population that doesn even have a local school I can imagine the transit issues that would occur with sending those students to wherever they would be shipped to And to give those parents that choice, I think you can't put a dollar amount on that. And so I think that as we look to balance all of these, what I will term, important but competing issues, I think that we should really keep our focus on the students and the opportunities that they can reach regardless of which bucket the money comes out of, whether it's education funding, whether it's special ed funding, EITC, OSTC. We throw around a lot of acronyms, but I can say as a parent, and I heard you speak earlier, Jed, about this, as a parent, I'm most interested in where does my child excel, And I think that should be our north star in this discussion. I think that we can have a robust discussion about it. And I think, most importantly, we can set the Commonwealth up for success for years to come by impacting young lives with these opportunities. I also agree that we should have some oversight. I also think we should focus on outcomes. But that should be applied evenly, regardless of the modality where these individuals go and regardless of what that funding is, because a student trapped in a failing school is not set up for success. And it does not matter if it's a charter school, if it's a public school, or whether it's a school that participates in the EITC-OSTC program. So I do think that all of that is very important. I appreciate the more technical, and Jed, I'll be following up just to kind of understand the administration of the federal versus state issues, because I really appreciated your insight there. But I think that as we look at the funding, we have to also look at the opportunities that each and every student deserves because I view that as our role as policymakers. And thank you, Mr. Chairman.
Appreciate it and doing our best to get us out here on time. I'm not going to do that. Get us out on time. So sorry for everyone. But I do understand that session begins at 11. And if members need to run to the floor, I certainly understand and respect that. And I appreciate folks bearing with me. And I appreciate the three of you very, very much. But I do have some very specific questions for you all. Shannon, we'll start with you. And Chairman, if you ever want to see a cool kiln, their kilns are awesome. My youngest daughter loved the ceramics class at Baum School. The students, and I'm only talking about the population that are EITC, right? I don't want to conflate your adult students, your private pay students, folks that are supported through other charitable contributions, et cetera, et cetera, et cetera. Do you have a pretty good idea of who these kids are?
Yes.
Okay. Tell me who they are.
They're Allentown public school kids.
Right.
All neighborhoods across the city.
Okay. And so as you – now, you are not replacing a traditional – and EIOs don't replace traditional public schools.
You add supplemental support.
So asking you for things like, you know, improving on standardized tests doesn't make any sense because you're not actually that kind of provider of academic supports, correct?
Correct.
Okay. And so the justification that Baum School, and I would say all EIOs, and Jen, please feel free to correct me on that, for the reason why you deserve investment is at the very onset when the Department of Community Economic Development identifies you as an EIO or gives you that, you have to justify what supports you're providing to, to students by being innovative, et cetera, et cetera.
Correct.
Okay. All right. Conversely, um, uh, Apollo, if I may, your ability to – you are replacing a traditional public school setting for your students. So you are – there is an apples-and-apples comparison to the achievement of a particular student if they would be in the Pittsburgh School District versus Imani. Is that a fair assumption to make? And you can disagree with me, and that's why I'm asking the question.
I don't think we're replacing I think we're adding an option and I went to Catholic school so like me going to Allentown Central Catholic instead of going to William Allen High School I was getting math, science I was getting social studies I was getting English at Central Catholic you're providing all those same things we're providing education, yes, absolutely and I'm not trying to mix words with you and if it seems like I'm going fast It's not because I'm being aggressive or mean. I just understand that we're running late.
So I want to start with apologies. For Imani specifically, what do you look at when you go to admit a kid?
We basically look at your academic record coming in. We make sure that you've completed whatever the academic requirements are. If you're going into high school, we make sure that you've successfully completed middle school, that you have all your credits. We look at your behavior. if you're a student who has shown a propensity towards violence or something that we cannot manage in the school, that's something we look at. And essentially we bring you in for a one-week period and allow you to sort of experience a school and make the determination of whether this is a school that you want to go to.
How much of those follow-up to that, how many of that one-week trial period does Amani ever tell the kid this isn't the right spot for you?
I would say 98% of the students come through without a problem. There's probably about 1% to 2% where the student themselves says, this is not what I want to do.
But you don't do it? Okay. Do you have any restrictions on race, religion, creed, sexual orientation,
any of those things?
No, we don't discriminate.
Okay.
What about a pregnant girl?
We have not had that situation.
Would you tell a pregnant child that they can't come to your school?
would i tell a hypothetically would i tell a pregnant understand if you don't have a board policy and you need to go back to your board i'm giving you all the outs that you can yeah i can give you right now sir no i think we'd have to think intelligently about that um for one thing as a private school we have limited sort of health care availability um and that's one thing that we have to deal with so we would have to assess internally whether we could provide provide the appropriate supports for a young woman who was indeed pregnant coming to our school, because it would be ill-advised to do that, knowing that we would not be able to provide that student's physical needs.
Okay, but there's no high school in the neighborhood, right?
There's no high school in our neighborhood. So where's that kid going to go? Well, they have a choice. They can come to Imani, or they can go to one of the public schools, or one of the private schools, or one of the charter schools. And that's why I'm saying we are an educational alternative. We are not the only.
Fair enough. So, you came and testified before us, which I genuinely appreciate, and Jed, same with you sir because your colleagues won necessarily do this I hope you realize that Jed are you aware who the largest scholarship organization in the Commonwealth of Pennsylvania is I am yeah It not you is it No it not Okay so let me tell you when we did ask the largest scholarship organization Blocks to testify we actually built the timing of this
So, Chair Cutler, just so you know, the reason why we did 9 a.m. on a session day is because we were trying to accommodate the largest, because we thought the idea behind this is let's talk to the one that directly interfaces with the most amount of students. And in a multitude of their email correspondence back and forth after originally saying that they were going to testify, they told us they didn't find any value to it. They adhered to state guidelines. Therefore, they don't actually need to tell the people that, I don't know, pay for the program, like that we should do things.
So, Jed, I want to congratulate you for at least being open and honest and saying, you know, yeah, this is state money that we're talking about here. And I think language matters. You and I are going to disagree over the word gifts. I don't think it's a gift. It's directed state tax money, but we can disagree on semantics. But I applaud you for having the backbone to actually have a difficult conversation with the appropriators as opposed to, I don't know, the largest organization in the Commonwealth of Pennsylvania. So congratulations to you on that. The schools that you work with, now we've heard a very good testimony about blocks. We've heard a very good testimony about bomb school. When you are working with, and I'm going to cite EITC and OSTC recipient schools, not EIOs for a second. Do you ever, does your organization ask the question of whether or not a school would, say, deny access to a kid who happens to be of the Islamic faith?
So there are rules. We only support nonprofit schools. And as part of the rules for nonprofits, nonprofits have to certify that they don't discriminate based on, I think, schools have to certify that they don't discriminate based on, is it religion? I get a little bit while since I've looked at the 990 rules. But there are certain certifications they have to make. But no, I have never asked that question of a school. I mean,
Have any of the, I'll use your words, donors, have any of the participants on it have ever asked those questions?
No, I mean, a lot of what we do is schools find donors and bring them to us, and then we process the gift, which is, I think, probably a little different why I think this program is needed for companies, because I'm guessing that Imani doesn't have, like, a lot of parents that are supporting. We have a lot of schools that come through us who have parents or, you know, alumni or, you know, grandparents that want to make gifts and so we process those gifts but no I mean that's not a question we would ask it's certainly just like they have to certify in their 990 what their policies are would certainly be something we could make them certify to that wouldn't be difficult at
all. Yeah and I appreciate that because for both of you I think one of the real challenges that we have again we don't know where these kids are going to school we could look it up on a spreadsheet somewhere. Based on your public reporting, I looked at one SO from Altoona who was very happy to use this as a way of trying to promote his business, and I'm not criticizing his business, but that was the way he was promoting it. But again, we don't actually know.
No. I mean, the data we give to DCED doesn't – and we know. I know where the money goes. But DCED, you know Jim doesn know We would share it if we were asked but you know we not asked And I always worry about disclosure issues if we providing information that not requested We all are and we worried about FERPA and we always going to be mindful of that as well
But there are ways to anonymize this information to be able to verify these things.
But it's not anonymous to you. No, it's not.
And I should cabin that.
We do file a 990, and on our 990, now this is historical because we file our 990 in May. I hope to get it filed this May, for last year, we report out all the nonprofits that receive our funds. So if you were to look at, say, Blox's 990, you would be able to see whom they supported. The problem is that none of that information is aggregated. So you'd have to pull every SO's 990, upload it to a database, probably a little easier now with AI, and then you could sort of maybe come up with a sense of who's getting all this money. It could be reported to DCED if it were requested.
Okay. And, Paulo, if I may, sir, when you are talking about the success rate for your students, you talk about graduation rates.
That's fantastic.
But that's not a requirement for us to know for any of the students that are actually graduating. I'm not criticizing. None of this is geared towards you. So if a scholarship organization or independent of a scholarship organization, a large private school that has the ability to solicit donations and do those things, we don't know if those kids are actually graduating.
Like we don't.
We have no data. Oh, no.
We don't collect that data because we're collecting it on sort of the front end.
Right. The students enrolled in September.
What happens once they go is what happens, correct?
Well, I would say, you know, in one instance, and we tell schools they have to do this, one instance we've had a school come back and say there was a student on our report.
That student no longer attends the school. Here's a new report where we're substituting out student X with student Y. And so, you know, in that sense, you know.
It would be really cool if the cyber schools did the same, but that was for hearings last year. And neither here nor there. That was mostly for the audience and certainly not for Chair Cutler, who still has PTSD from those hearings. The question of whether or not your kid is doing better. We've had multiple hearings. To be clear, we are holding public schools to the same standard that we are. We've done it with cyber schools. We're doing it with public schools. We have the Future Ready Index program, which is not perfect. I don't know that any metric is ever perfect when we're looking at student achievement anywhere in the United States. But we have a metric that we're able to compare relative growth, improvement of school districts. Are you graduating kids at a higher level? Are they ready for the workforce, military, or college? Are they proficient in math and science and English? If they're not, are the schools, even if the school may be underneath the proficiency level, we can see if they're getting better or relatively worse to where they were. And we do that through the keystones and the PSSAs. Help me, sir, with the private schools, because my kids go to public school. I haven't been in private schools since 1992 because I'm 143 years old. Approximately, how do you test the students? What are your requirements to report that up to the Commonwealth? And how would we be able is there a way for us to do an apples comparison And I only asking you about Imani It not fair for you to ask for about any of the eight gazillion other private schools that are in the common law Yeah we don take the same test We do do standardized testing on our students to assess
how they're doing. And the private schools do not all have the same standardized tests amongst themselves, correct? No, I don't believe so. Okay. So again, it goes back to a question of if we
actually are looking for apples to apples comparison between the twos. We can't even look at the same data to see. We could ask a kid if they're happier in one area or not. We could see if we're on a path to graduation versus not. We could look at their attendance records and their delinquent students, et cetera, et cetera. We could look at criminal records. We could look at all kinds of stuff, but we don't have the same data for data storage. You also don't have the
same policies. Private schools don't have the same policies as public schools, correct?
I believe we're set up differently, yes. Okay. So this is why this program is challenging for us, because we are talking about public tax dollars. We're not talking about, you know, if I choose to give my alma mater a $1,000 gift out of my income tax and I'll get the standard deduction from the federal government and what have you, which may be going down, as we heard. But, you know, that's a gift. But me saying I'm going to use, you know, $5,000 of my tax dollars to go to that is a directed tax, up to 90% of it is a directed tax. So this is why it's hard for us to talk about the effectiveness of the program. I have no doubt that it is extremely effective in helping a whole lot of students that are looking for a different opportunity. And we support those kids, too. I have no doubt that it's extraordinarily helpful in allowing these schools to stay open, which I want to be clear, is extremely important to us. We don't want to see a mass closing of non-traditional public schools or non-public schools. That's not our goal here. We just want to make sure that the schools are actually performing, that what we're funding is working for us, and that we have accountability over it. as each and every year. Last year, we put more money in this program than we did special education in terms of growth. We had $50 million more for EITC, only $40 million more for special education for the 90% of other kids that go to school in the Commonwealth of Pennsylvania. So some of this is a check on the legislature to make sure that we have the facts so that we can make better decisions. And unlike some of your colleagues in the private school funding ecosystem that's out there, I applaud the three of you for joining us today. I am not going to have any more closing remarks. We're already running late, but thank you all for joining us very, very much. I am going to ask, if you're willing, if we have further questions or correspondence from our teams, our staff, our members, and I want to be clear, this applies for my colleagues on the Republican side as well. If anybody's willing to answer them, I'd genuinely appreciate that. So thank you all for joining us. Thank you, sir, and thank you to the staff.
Thank you.
Thank you.