CASTLE ROCK – It will take a judge or two to settle the legal challenges swirling around Douglas County’s pilot voucher program but Gretchen Immen already has her verdict: “Dream come true.”

Gretchen Immen and son Sam hug Wednesday after learning he's received the last voucher slot.

Wednesday, during a lottery held in a former school here, Immen learned her son Sam was picked for the last available slot – seat no. 25 – for a voucher that will allow him to attend a private school this fall.

“We feel so blessed,” Immen, a Parker resident, said after bursting into a smile and embracing Sam, 15, who hugged her tightly back.

About a dozen parents and students attended the district’s first voucher lottery, held to determine which of 76 applicants would get the last 25 seats – and which would go on a waiting list.

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Dougco’s pilot, the first district-driven voucher program in Colorado, is capped at 500 students for 2011-12. A first round of applications netted nearly that number but some students were found ineligible and others dropped out, leaving 25 spots in a second application round that drew more than 70 families and prompted the lottery.

Families participating in the program will receive four checks during the school year, totaling either the cost of tuition at their chosen private school or 75 percent of state per-pupil funding, whichever is less. That 75 percent figure works out to $4,575.

They’ll sign the checks over to the private schools, which must have signed contracts as “partners” with the Douglas County School District.

At least, that’s how the pilot is set up to work. Two lawsuits filed Tuesday, by legal heavy hitters such as the American Civil Liberties Union and Americans United for Separation of Church and State, are seeking to stop the program before a single voucher check is issued.

Vote set Monday on “voucher charter”

Dougco district leaders responded to the lawsuits by vowing that they’ll continue moving forward until a court orders them to stop.

“Voucher charter”

So Wednesday’s lottery continued as planned, and Douglas County school board members are expected Monday to approve a charter application for the Choice Scholarship School – a charter that will serve as the administrative home for voucher students though they’re physically attending private schools.

Part of the Choice Scholarship School resolution that board members will vote on Monday describes the grouping of students in a charter as “the most efficient way of maintaining … the numerous district reporting and financial obligations.”

State Board of Education members are expected in August to consider approval of waivers for the scholarship or voucher school. Robert Ross, the district’s legal counsel, said Tuesday that such waivers are typically sought by Colorado charters and he does not anticipate any problems.

The voucher or scholarship school application does not include names of staff or governing board members. Dougco spokeswoman Michelle Tripp said the district’s school board is expected to discuss those topics Monday but it’s unclear if the names of charter school board members will be released before the board vote.

Legal, administrative issues not on families’ minds

But if lawyers and district staff are occupied with program structure and legal strategy, those details are not on the minds of families such as the Immens.

Gretchen Immen said her husband began researching a private school option for Sam several months ago but their choice – Parker Lutheran High School – was out of financial reach without a voucher.

“Without this type of voucher system, that would not have been possible,” she said.

Sam is slated to be a freshman this fall in a school, Ponderosa High School, that has received the state’s top rating of “performance.” But when he and his mom toured Parker Lutheran on a “visit day,” they were impressed.

“I just think it’s better academic-wise,” Sam said. “It’s a nicer place … and I think I’ll be able to make a lot more friends there.”

Gretchen Immen said the family isn’t Lutheran – that’s not a condition of enrollment – but their values are similar.

“It’s a good fit,” she said, noting Sam’s already applied and been accepted, though they weren’t sure of a voucher slot. “We did it on faith.”

As for concerns that the legal action could halt the pilot, the mom said they’re taking it one step at a time.

“We’re no. 25,” she said. “We could have been 75 or 100. So … so far, so good.”

Reactions to lawsuits filed this week challenging Dougco’s voucher pilot

    • “I am extremely disappointed that liberal activist groups continue to assault education reform in Colorado. The lawsuit against the Douglas County School District is nothing short of an all out attack on our teachers, parents and students by national liberal groups. Colorado families deserve better than to have these national attack dogs waste money that would otherwise go into our classrooms.”

— Colorado Speaker of the House Frank McNulty, R-Highlands Ranch.

    • “We believe the interests of students and parents are paramount. We believe the Choice Scholarship Program is a wise use of taxpayer dollars that will also result in a significant return on investment for the District. Great Choice Douglas County, representing many hundreds of parents and citizens in Douglas County, who support school choice, is eager to see the implementation and future expansion of this program.”

— Great Choice Douglas County. See full release.

    • “The lawsuit is disappointing, but really not surprising. Opponents of parental choice and educational freedom have tried this approach many times before. For the sake of the families who will benefit, we hope it fails.”

— Pam Benigno, Independence Institute. See full release.

    • “The Institute for Justice will move to intervene in the coming days on behalf of Douglas County parents and children to defend this choice program from legal attack. IJ has defended school choice programs from legal attack every single day from the time we opened our doors 20 years ago. We know what it takes to make a school choice program constitutional, and there is no question the program passed in Douglas County will pass constitutional muster.”

— Michael Bindas, senior attorney, Institute for Justice. See full release.