School Choice

Colorado Supreme Court will hear Dougco voucher case

Update: This article has been updated with comments from Dougco school board member Craig Richardson and from ACLU-Colorado legal director Mark Silverstein. 

Colorado’s highest court has agreed to hear arguments on the constitutionality of the Dougco Public Schools voucher program.

Among the points of the case the state Supreme Court will consider is whether plaintiffs, led by an organization called Taxpayers for Public Education, have have the legal right to challenge the program, which never went into effect because of litigation, and whether the program violates the Public Schools Finance Act.

A Denver judge, siding with a group of parents and civil-liberties organizations, put the program on hold in 2011. Last year, a three-member appellate court panel reversed the decision.

Dougco board member Craig Richardson said the district is confident in its case.

“The District welcomes the opportunity for the state’s highest court to review a case that presents such important issues for our state and our country,” Richardson said in a media release. “DCSD is committed to expanding choice for parents and one of the ways is our innovative Choice Scholarship Program. We believe the Court of Appeals will be affirmed and that the parents and children of our District will, someday soon, be afforded more educational choice.”

The Colorado branch of the American Civil Liberties Union was equally optimistic.

“The ACLU of Colorado is encouraged by the Colorado Supreme Court’s decision to hear the Douglas County school voucher case, and we look forward to arguing before the court that it must strike down the school district’s misguided funding scheme, which compels taxpayers to subsidize religious education in clear violation of the state constitution,” said Legal Director Mark Silverstein in a media release. “We are hopeful that the Supreme Court will end this misguided and unconstitutional diversion of taxpayer dollars before it is adopted by other districts around the state.”

The voucher program, which was unanimously passed by the Dougco school board in 2011, would have allowed up to 500 Douglas County students to use 75 percent of the district’s per-pupil funding – or $4,575 at the time – to attend a participating private school approved by the district.

Students would have been able to use those funds to attend private religious schools.

Schools that were interested in participating in the program had to have met certain criteria.

Thirty-four private schools applied to participate in the voucher program, known as the Choice Scholarship Program. Dougco had approved 23 of those schools.

Of the 23 schools, 14 were located outside Douglas County, and 16 teach religious doctrine.

The voucher program was modeled after other programs across the nation that have prevailed in court. It gave students the right to “receive a waiver from any required religious services at the [participating private school],” according to court documents.

new plan

Lawmakers want to allow appeals before low-rated private schools lose vouchers

PHOTO: Shaina Cavazos
Rep. Bob Behning, chairman of the House Education Committee, authored HB 1384, in which voucher language was added late last week.

Indiana House lawmakers signaled support today for a plan to loosen restrictions for private schools accepting state voucher dollars.

Two proposal were amended into the existing House Bill 1384, which is mostly aimed at clarifying how high school graduation rate is calculated. One would allow private schools to appeal to the Indiana State Board of Education to keep receiving vouchers even if they are repeatedly graded an F. The other would allow new “freeway” private schools the chance to begin receiving vouchers more quickly.

Indiana, already a state with one of the most robust taxpayer-funded voucher programs in the country, has made small steps toward broadening the program since the original voucher law passed in 2011 — and today’s amendments could represent two more if they become law. Vouchers shift state money from public schools to pay private school tuition for poor and middle class children.

Under current state law, private schools cannot accept new voucher students for one year after the school is graded a D or F for two straight years. If a school reaches a third year with low grades, it can’t accept new voucher students until it raises its grade to a C or higher for two consecutive years.

Rep. Bob Behning, R-Indianapolis, the bill’s author, said private schools should have the right to appeal those consequences to the state board.

Right now, he said, they “have no redress.”  But public schools, he said, can appeal to the state board.

Behning said the innovation schools and transformation zones in Indianapolis Public Schools were a “perfect example” for why schools need an appeal process because schools that otherwise would face state takeover or other sanctions can instead get a reprieve to start over with a new management approach.

In the case of troubled private schools receiving vouchers, Behning said, there should be an equal opportunity for the state board to allow them time to improve.

”There are tools already available for traditional public schools and for charters that are not available for vouchers,” he said.

But Democrats on the House Education Committee opposed both proposals, arguing they provided more leeway to private schools than traditional public schools have.

“Vouchers are supposed to be the answer, the cure-all, the panacea for what’s going on in traditional schools,” said Rep. Vernon Smith, D-Gary. “If you gave an amendment that said this would be possible for both of them, leveling the playing field, then I would support it.”

The second measure would allow the Indiana State Board of Education to consider a private school accredited and allow it to immediately begin receiving vouchers once it has entered into a contract to become a “freeway school” — a type of state accreditation that has few regulations and requirements compared to full accreditation.Typically, it might take a year or so to become officially accredited.

Indiana’s voucher program is projected to grow over the next two years to more than 38,000 students, at an anticipated cost — according to a House budget draft — of about $160 million in 2019. Currently in Indiana, there are 316 private schools that can accept vouchers.

The voucher amendments passed along party lines last week, and the entire bill passed out of committee today, 8-4. It next heads to the full House for a vote, likely later this week.

RIP

Senate plan to expand parents’ access to state education dollars dies in committee

PHOTO: Shaina Cavazos
The Senate Education Committee heard SB 534 on Wednesday.

A Senate plan that would’ve given parents of students with special needs direct access to their state education funding was killed yesterday — for now.

Sen. Dennis Kruse, R-Auburn, said during the Senate Education Committee hearing on the bill that there would be no vote on Senate Bill 534, which would’ve established “education savings accounts” for Indiana students with physical and learning disabilities. The plan would’ve been a major step forward for Indiana school choice advocates who have already backed the state’s charter school and voucher programs.

Kruse said there were still many questions about the bill.

“I don’t want a bill to leave our committee that still has a lot of work to be done on it,” Kruse said.

The Senate bill was one of two such plans winding its way through the 2017 Indiana General Assembly.

House Bill 1591 would create a similar program, but it would not be limited just to students needing special education. Authored by Rep. Jim Lucas, R-Seymour, the “radical” proposal is meant to give parents total control over their child’s education.

“The intent of 1591 is to give parents the choice and let the market work,” Lucas said. “…I want to get this conversation started.”

A hearing for the House bill has not been scheduled in the House Education Committee, led by Rep. Bob Behning, R-Indianapolis.

Education savings accounts are slowly gaining attention across the U.S.

Similar programs have passed state legislatures or are already operating in Tennessee, Florida, Arizona, Mississippi and Nevada. Advocates have called education savings account programs the purest form of school choice.

But critics of the savings accounts say they could divert even more money away from public schools and come with few regulations to protect against fraud and ensure families are spending the money according to the law.