v(ouch)!

Douglas County officials might seek U.S. Supreme Court decision on voucher program

PHOTO: Micaela Watts
Second-grader Aaleyah Stone reads aloud to Zoe, a therapy dog who visits Keystone Elementary School with her handler, Pam Westphal.

CASTLE ROCK — Douglas County School District officials said Monday they may seek a U.S. Supreme Court ruling on the constitutionality of their voucher program.

That announcement came just hours after the Colorado Supreme Court struck down the program, which was developed in 2011 but never went into effect, in a 4-3 ruling.

Douglas County school board members at a press conference said they believe today’s decision could pave the way for a U.S. Supreme Court challenge over the part of the state constitution that prohibits aid to religious organizations.

“This is a disappointing ruling for the students of Douglas County and all students in Colorado,” said Douglas County Board of Education President Kevin Larsen. “But today’s ruling paves the way for the U.S. Supreme Court to evaluate the constitutionality of Colorado’s Blaine Amendment, which is an ugly part of no fewer than 37 state constitutions.”

The so-called Blaine Amendment is a provision in Colorado’s state constitution that forbids direct government aid to educational institutions that have religious affiliation.

The Colorado Supreme Court in its opinion said because the Douglas County voucher program gave money to religious schools, it violated that constitutional provision and was illegal.

About 30 other state constitutions also have such clauses.

The clauses are named after the Republican U.S. Congressman James G. Blaine, who in 1875 unsuccessfully attempted to pass a federal Constitutional amendment that would prohibit state tax dollars or land to support religious schools. Blaine’s aim for the failed amendment, which spurred dozens of copy-cat initiatives in state legislatures, was to prohibit tax dollars to fund Catholic parochial schools.

Mark Silverstein, legal director of the Colorado ACLU, one of the organizations that argued against the voucher program, said he believes a U.S. Supreme Court hearing is a long shot.

“I’ll be interested to see their brief,” Silverstein said. “I think that the so-called Blaine Amendment argument is a red herring. In the 1870s, it’s true, there was an amount of anti-Catholic basis. But the school board’s argument is that [anti-Catholic bias] explains the presence of Section 7 in the Constitution. And I think that is too much of a stretch.”

Silverstein said the Blaine Amendment argument is nothing new when it comes to vouchers for private or religious schools.

“This argument has been bubbling up over school voucher programs for years,” Silverstein said. “But I don’t know if the U.S. Supreme Court has ever invalidated a state constitutional provision because the drafters were anti-Catholic bigots.”

Silverstein said he believes even if the Section 7 has anti-Catholic roots, it doesn’t detract from the validity of a neutral application to all religious schools today.

“A system of free secular public schools — that’s the principle Article 9 Section 7 embodies,” he said.

But Douglas County Superintendent Liz Fagen, and others, said the Choice Scholarship Program, as it is known, is about providing students with the best education to fit their needs.

“We don’t fear the idea that a student could benefit at another school,” she said Monday when asked why the district, which has the state’s highest accreditation rating from the state, needed to offer an alternative to its schools.

Although he declined to discuss specifics, board member Craig Richardson said the district will also work to modify the voucher program to be in compliance with the state’s Supreme Court ruling as early as this fall.

“We will adopt modifications to our Choice Scholarship Program expeditiously and in compliance with today’s Supreme Court decision,” he said. “We will not wait. We are undaunted.”

two hats

Denver Public Schools’ glaring conflict: both authorizing and operating schools

Students at Greenlee Elementary School in northeast Denver last month (Eric Gorski, Chalkbeat).

Right after school let out, a line formed outside the second-floor staff room at Greenlee Elementary School in Denver. Teachers, staff, janitors and union representatives all crammed into the space to learn the fate of a school that had been on the ropes academically for years.

Denver Public Schools officials delivered the blow: The school would likely close after 2017-18 and be “restarted” with a new program.

What happened next at the meeting last fall epitomizes the challenges facing the state’s largest school district as it juggles two conflicting roles.

Deputy Superintendent Susana Cordova, whose mother attended Greenlee and who still has family in the neighborhood, got emotional as she told the room that district officials shared responsibility in Greenlee’s situation. Cordova pledged to support Principal Sheldon Reynolds’ application to run a replacement program at Greenlee, building on recent gains there.

Superintendent Tom Boasberg, also in the room, made clear that the competition to replace Greenlee would be open, and that he would play no favorites. It will be Boasberg’s job to recommend to the school board next month which applicants should run new programs at Greenlee and another DPS school being closed for poor performance: Amesse Elementary.

“That meeting was a great encapsulation of what it’s like — especially for me, but also for Susana — to be very explicit that we do wear two hats,” Boasberg told Chalkbeat. “It was a very important and challenging conversation.”

Those two hats are school authorizer and school operator. DPS says it has a “firewall” separating those who help run and support district-managed schools, and those who approve schools that make up the district’s nationally recognized “portfolio” of traditional district-run, charter, innovation and magnet schools.

Managing that separation can be complicated, messy and — this year — tension-filled.

Slower enrollment growth, scant opportunities to locate in a district-owned building, more high-quality district-run proposals and other factors have contributed to a contentious process.

In a district that has long supported charter schools, it is charter schools that are leading the criticism. Even after DPS took extra steps this year to address the operator/authorizer conflict, charter operators are saying the restart competitions have not been fair.

Such tensions are not uncommon in school districts, especially at those with significant charter school growth, said Robin Lake, director of the Center on Reinventing Public Education, a research and policy group at the University of Washington.

Bias may not be intentional — especially in districts like Denver committed to different governing structures — but it can be damaging to promoting great schools without labels, she said.

“There can be an internal schizophrenia in the main office about what its core job is,” Lake said.

Tensions are running highest in DPS over the competition for the Amesse restart in northeast Denver.

All three applicants are considered strong: local college-prep charter networks STRIVE Prep and University Prep, and a proposed district-run partnership between nearby McGlone Academy and existing Amesse staff called the Montbello Children’s Network.

University Prep remains an applicant but is no longer in the running after a DPS review found that its plans did not meet the requirements of a court order dictating how English language learners must be educated.

Before that development, University Prep CEO David Singer in an interview with Chalkbeat voiced concerns about how DPS is navigating the operator/authorizer conflict.

“There needs to be a level playing field where families can engage in a process that is not biased in one direction or another,” Singer said. “The process doesn’t feel like it’s in the right place yet.”

STRIVE was more pointed — and specific. Dani Morello, STRIVE’s outreach and engagement manager in far northeast Denver, said in written testimony at a school board meeting last month that the district being “both an authorizer and a restart competitor has been challenging and confusing.”

She said a lack of clear messaging has “led to the narrative within the school community that this process is a choice between applicants looking to change the school and those looking to keep it the same — which we find confusing and misrepresentative of all applicants.”

Morello also cited “differential access” to families and staff — including lists of family contact information made available to the district applicant long before the charter applicants.

STRIVE sees the conflict most evident in the decision to allow DPS’s Office of Family and Community Engagement “to directly organize for the district applicant,” Morello said.

“While we believe this effort is well-intentioned, it has the consequence of parents experiencing messages from district staff in an official capacity speaking about only one applicant, which has exacerbated confusion among families,” she said.

Both district officials and Sara Gips Goodall, principal of McGlone and proposed leader of the Montbello Children’s Network, disputed the STRIVE criticisms.

Goodall said that DPS is not spearheading her school’s application, and that she is “100 percent sure that no parents have experienced a single message from district staff in an official capacity speaking about one applicant.”

Goodall said her team did community outreach early on to gauge interest and incorporate community input into its plan. She said STRIVE, which has been seeking to build support to open a school in the neighborhood for the past couple of years, has been targeting parents aggressively.

“This is also what makes me sad: I actually view University Prep and STRIVE as some of our partners,” Goodall said. “One reason I moved back to Denver (to help lead McGlone in turnaround efforts) is because I loved the idea that charter-public was a collaboration and not competition.”

Charter schools have “huge” advantages as school applicants, Goodall said, including network staff who have experience navigating the process.

“I’m writing those plans on the weekend at a coffee shop,” she said.

Chris Gibbons, CEO of STRIVE, said the school board testimony had nothing to do with McGlone, and that STRIVE’s concerns rest with the district’s management process.

PHOTO: Eric Gorski
Parents pick up their children at Amesse Elementary, one of two schools that will be restarted.

“I would want Sara to know that and anyone to know that,” Gibbons said. “The critique of the process is that charter applicants did not have access to information until (their letters of intent to apply) had been received” by DPS, while the district-run applicant had access earlier.

Boasberg also took issue with some of STRIVE’s claims. He said all Amesse applicants got the same list of family contact information at the same time.

“It is true that one of the applicants did begin to organize and do efforts in the Amesse community earlier,” he said. “But there is nothing that prohibits hard work here.”

Boasberg said DPS’s Office of Family and Community Engagement, or FACE, had “absolutely nothing” to do with the running the process. DPS created a public affairs team in the superintendent’s office this year to communicate with school communities, taking FACE, which has deep relationships with families in schools, out of that process.

Said Cordova: “The whole idea was to not have a process that seems like it’s rigged.”

Gibbons said that STRIVE in its testimony was making reference to district assistance in the early organizing. Boasberg acknowledged that FACE supported McGlone to some extent, including providing examples of engagement and helping with meeting setup.

Overall, Boasberg said DPS has worked diligently to build a wall separating school authorizing — overseen by Jennifer Holladay, executive director of DPS’s portfolio management team — and the school operating role led by Cordova, the deputy superintendent.

DPS also has developed policies meant to bring more clarity — and less politics — to decision-making. In the last two years, DPS has laid out specific criteria for closing schools and for awarding district buildings to schools.

“This is not a new conflict,” Boasberg said. “It’s been with us for some time. I do think we in Denver have been more thoughtful and more proactive than any other district in the country.”

DPS this year formed Community Review Boards for both restarts that will weigh applicants against the district’s building allocation criteria and make recommendations to Boasberg. The boards include parent members, community members, professional reviewers and facilitators.

Boasberg underscored how important that new step will be: “I am going to greatly respect the Community Review Board’s recommendation in making my recommendation,” he said.

How Denver navigates the operator/authorizer conflict bears watching, said Martin West, an associate professor of education at the Harvard Graduate School of Education.

“Legitimate questions can be raised about whether a school district can be even-handed in a competition where it is both a player and referee,” West said. “It wouldn’t necessarily require intentionality to create situations where the district-managed school has a big advantage.”

PHOTO: Greenlee
Students at Greenlee Elementary

The competition for restarting Greenlee Elementary is not nearly as heated as the one at Amesse.

The only charter school to apply was Wyoming-based PODER Academy, and DPS staff this week said its application did not meet the district’s quality standards. The school leader strongly objected to the recommendation that it not be approved.

The restart is all but certain to go to a team led by current Greenlee principal Reynolds, who is proposing a new program called the Center for Talent Development at Greenlee Elementary.

Reynolds’ application promises challenging standards-based instruction, a rich roster of electives and a teacher development pipeline through the University of Colorado Denver.

As Reynolds has emphasized to those doubting whether he should stay at the helm, he is just completing his second year at Greenlee and has seen some positive academic growth after adopting a plan celebrating student accomplishments and strengthening school culture.

Reynolds said he believes the district has approached the process appropriately.

“I’ve definitely had district support, but it’s also been very clear there is a separation between that and them being fair and equitable in the process,” he said.

DPS has been encouraging such entrepreneurial leadership in-house, including replicating successful district-run models in new locations. That deeper pool of district-sponsored applicants is likely a contributing factor to some of the tensions.

Boasberg said he was surprised no local charter network applied for the Greenlee restart, and acknowledged that a perception that Reynolds would prevail likely played a role.

Reflecting on that emotional meeting in the Greenlee Elementary staff room, Cordova said she knows firsthand what happens to communities when things don’t work out. She was part of the team that devised a previous turnaround plan at Greenlee that didn’t succeed.

Cordova emphasized that her primary responsibility as deputy superintendent is to “support and lead our reform efforts in our district-managed schools.”

A few school districts have either relinquished the school operator role or are moving in that direction. Although Denver has experimented with different governance structures — including giving district-run schools more autonomy in a budding “innovation zone” — that is not in the district’s future.

Boasberg said DPS can wear both its operator and authorizer hats.

“It’s absolutely imperative,” he said, “that we do both jobs very well.”

Church and state

The backdoor voucher? How a Detroit school created to lift up a ‘Christ-centered culture’ found a way to get public dollars

PHOTO: Allie Gross
At the Cornerstone charter recruitment gathering, families scooped up documents from a table brandishing the phrase “Faith. Family. Culture.” — the private school’s trademark.

When prospective families arrived at Cornerstone Schools’ flagship campus on Nevada Street last month, they were greeted by a staff primed to woo and sell.

Folding chairs had been placed in the tidy front entrance of the northeast Detroit school, and one by one, administrators stood up to speak about the rich culture and strong curriculum that parents and children had come to know and love since the religious school opened in 1991.

“You know, when you come in the fall, we’re going to have a team of parents waiting for you to teach you how to do things because there’s a way to do things. Just like when you go to a church or join a new group,” said Candace Brockman, the primary school principal and soon to be K-8 leader, to the crowd of potential families.

In March, Cornerstone announced that starting next year, its flagship private Christian school would stop providing primary and middle school classes. Instead, a charter, employing the same staff and using the same curriculum, would take over. Families from the religious school would help new families get to know the new school, Brockman explained. The words “Centers of Hope” glimmered in gold typeface above her as she spoke.

“They are going to make sure you understand the history and how they do things and that’s how we’re going to do it here,” she said. “You are going to have to get with our program.”

The history of Cornerstone is clear: The network of schools was started in 1991 by local attorney Clark Durant in response to a speech given by the city’s then-archbishop Adam Maida to the Detroit Economic Club. But how the families Brockman was addressing would get with the program — at least as it exists today — is less straightforward. Although the schools’ genesis was Christ-driven, nearly three decades after its creation, four of Cornerstone’s five schools are charters, which by law cannot teach religion.

And starting next year, the program is even more ambiguous. The last standing private, pre-K through 12th-grade Christian school, the one Brockman was presenting at, will be undergoing its own conversion.

Pinpointing where the religious school ended and the charter school began was difficult. Parents sitting in the room may have wondered: Am I at a meeting with Cornerstone Nevada, the flagship, independent, religious school? Or am I listening to a talk about Cornerstone Jefferson-Douglass Academy, the soon-to-open public charter school? The two entities couldn’t help but brush against each other.

Following Brockman’s presentation, parents were invited to come forward and pick up enrollment information for the public charter school. Making their way to the front of the room, families scooped up documents from a table brandishing the private school’s slogan, “Faith. Family. Culture.” Children grabbed bookmarks that showcased the Cornerstone schools’ principles — love, joy, peace, forbearance, kindness, goodness, faithfulness, gentleness, and self-control. Although posters and murals dotting the hallways made clear that these values came from Galatians 5:22, Fruit of the Spirit — the Apostle Paul’s nine traits of a Christian — the information was noticeably absent from the giveaways.

PHOTO: Allie Gross
A hallway at the Cornerstone flagship campus showcasing the network’s guiding principles.

Cornerstone’s switch from private to charter raises thorny issues about the separation of church and state — and whether Michigan’s notoriously freewheeling charter sector is set up to safeguard it. It also highlights questions about privatization — whether the Cornerstone network is using its charter schools, and the public dollars they’ll bring in, to prop up their struggling religious school.

The network, and its portfolio of independent and publicly funded schools, offers an example of “the extreme difficulties private religious schools are going to confront if they are trying to become charter schools, and want in some way to maintain what they believe are their core values,” said Kary Moss of the American Civil Liberties Union, which lobbies to protect the First Amendment. “This is obviously a big problem in a state like Michigan where there is such a pro-charter movement and little regulation.”

U.S. law bars public schools from teaching religion. Voucher programs, which exist in 14 states and Washington, D.C., have blurred the boundaries by allowing parents to use public education funds to pay tuition at religious schools. But Michigan does not offer vouchers. Voters rejected the practice in 1970 and again in 2000 when now-Secretary of Education Betsy DeVos helped to underwrite the ballot proposal and poured upwards of $12 million into the campaign.

As a result, there are no options for religious schools in the state to get public funds for instruction. It also means that religious schools that struggle financially have little choice but to close.

But the state’s chaotic school choice landscape offers a not-so-obvious loophole: Schools can shop for an authorizer to reopen as a charter school, allowing them to receive public funds in exchange for accountability tied to student learning. The downside: They must drop their religious affiliation and practices, and open up to all students.

That could be a tall order for Cornerstone, a 26-year old school network steeped in religious rhetoric and created for the express purpose of “lifting up a Christ-centered culture.” Brockman, like much of the current staff, says on the school’s website that she “considers it a blessing to be able to educate children in a learning environment that places Jesus Christ first.”

The network has transitioned from private to charter before — in 2009 they converted two of their religious schools into charters, and they’ve since opened two more. And their authorizer, Grand Valley State University, has found no problems with the Cornerstone charters overstepping church-state lines. Yet conversations with the school’s founder, Durant, highlight the needle-thin line they straddle.

“We are a little not-for-profit trying to do the great prophet’s work if you will. God’s work. To help these children have fulfilling lives,” Durant said in an interview with Catholic News Network last summer. He later defined a fulfilling life as “following the things Jesus would teach and to love God and to love others.”

The comments give insight into the intricacies and strength of Cornerstone’s religious roots. But they also just toe the line, never fully compromising the school’s secular status.

A big part of this is due to the outward-facing work of the network to still draw distinctions between its private and religious schools. Like the other charters, Cornerstone Jefferson-Douglass Academy will move from the purview of the Cornerstone Schools Association, the organization running the private school endeavors, to the Cornerstone Education Group, a management company that leads the network’s charters.

For example, the four charter schools adopted a brand-new curriculum, and while the schools continued to use the private schools’ principles — love, joy, peace, forbearance, kindness, goodness, faithfulness, gentleness, and self-control — charter leaders do not place them in the context of the Bible or make them as much of a focus in the school day.

“What you have to do with your charter school is you say ‘OK, what are the attributes then of the character that make it possible for a person to at least begin to appreciate?’” Durant said in an interview with Chalkbeat. “So what is it? It’s love, peace, patience, kindness, gentleness, long-suffering, all these things which, in a fulfilling life, if you had those virtues, you’d be an amazing human being.”

Durant, who received a contribution and public endorsement from DeVos when he ran for the U.S. Senate as a Republican in 2012, said he wants “every company, every organization” to hire his graduates, knowing that “they would infect the culture in a good way in those places.”

Still, the four charter schools, which fell in the 9th, 14th, 19th and 20th percentile according to the latest state rankings, have not hit the same threshold of success that the Cornerstone private school boasts. The low achievement, which Durant calls unacceptable, spurred a recent restructuring of the charters’ management company. A new CEO and chief academic officer were hired. The network has also been re-visioning what a Cornerstone charter school will look like, with Jefferson-Douglass Academy as a forthcoming case study.

A hallway at the Cornerstone flagship campus.

 

Unlike the other Cornerstone charter schools, Jefferson-Douglass Academy will keep the same curriculum the private school is currently using. Additionally, a Christ-centered class will be offered after school by a third party. Finally, the time slot that previously was saved for chapel and a “Life and Teachings of Jesus” course will stay on the schedule but be replaced with intensive character development.

The school is also in the process of re-thinking how they can make sure influential texts, such as the Bible, are still, legally, underscoring lessons.

“I think of the things that we’ve talked about a number of times and I am certainly interested in, and that is how can we be more intentional about what the kids get exposed to,” Durant said, adding that texts like Martin Luther King’s I Have a Dream speech and Abraham Lincoln’s second inaugural speech are chock-full of religious allusions that require an understanding of the Bible to fully comprehend.

“If you begin to understand what King said — the references he’s making, why he’s referencing the 40th chapter in Isaiah, why he’s doing these other things — and you have kids go and read that stuff,” Durant said.

And while officials have been clear they understand the law and their First Amendment obligations, at a recent information session for religiously oriented Cornerstone Nevada parents, school officials emphasized that Cornerstone’s core principles and “culture” would go nowhere when the school transitions to a charter.

“We want to have as many of our kids that we can seeding the kindergarten each year,” said Ernestine Sanders, the CEO of the Cornerstone Schools Association, the private school network, explaining how the school’s current pre-K would remain private and Christian.

Current parents who expressed concerns about having students without the same background enter their children’s classes were reassured.

“Is the goal to put all the Cornerstone kids in one (class) and then everybody else in another?” a parent asked.

Sanders nodded. “That’s our goal,” she said.

Critics of allowing religious organizations to receive charters to run publicly funded schools say Cornerstone’s hybrid model is troubling. They note that even if the charter schools stay in their lane and don’t teach religion, public dollars will still be benefiting the private, religious institution.

The Nevada campus, which the private Cornerstone Schools Association owns, will be leased to the Jefferson-Douglass charter school for 13.5 percent of its yearly per-pupil funding — or an estimated $500,000. While Durant says the lease funds will be kept at an arms length from any religious programming done by the private Cornerstone Schools Association, it has been noted that the network’s only remaining religious school, the Nevada campus high school, plans to expand in the coming years.

These fuzzy lines are troubling to some.

“In the religious voucher setting, if you’re going to give vouchers to non-public schools you can trace the money and know what you’re getting,” said Peter Hammer, the director of the Damon Keith Center for Civil Rights at Wayne State University’s law school. “Here it’s like one of those bad science fiction movies where they take over the body.”

The authorizer that green-lighted Cornerstone’s most recent switch, Grand Rapids-based Grand Valley State University, has experience authorizing schools run by religiously oriented operators. In 1990, one of their schools, Vanguard Charter School Academy, was the subject of an ACLU legal challenge. Filed on behalf of five families with children at the school, the lawsuit charged that the campus allowed prayer in school, taught creationism, and held a mandatory staff retreat with religious overtones.

The suit was ultimately dismissed, after the school made some changes as a result of the lawsuit. But not before attracting national attention to the charter school, which was run by National Heritage Academies, a for-profit charter network founded by Michigan billionaire and DeVos friend J.C. Huizenga.

Now, Grand Valley State University, which authorizes over 65 charter schools across Michigan, says it plans to keep a close eye on the church-state issue. The group even plans to hire an outside consultant to make sure the school’s space is “free of inappropriate religious symbols,” said Alyson Murphy, the organization’s director of governance and compliance, in an email.

“We review the curriculum (I recently reviewed the Jefferson-Douglass curriculum with a fine-toothed comb) to ensure it is consistent with public school laws and we also have a school consultant who attends every board meeting,” Murphy wrote in an email. “We are working closely with the board’s legal counsel to make sure that all religious items are appropriately covered up/removed before students are in the building for class.”

Candace Brockman, the primary school principal and soon to be K-8 leader, speaks to the crowd of potential families.

Grand Valley officials appear to have their work cut out for them, far beyond the church-state issues.

Sanders told parents at the transition meeting that the school would likely not be able to serve students with all kinds of disabilities — something private schools can do but public schools cannot.

“If we figure that we can’t meet (a student’s) needs then we’ll have to say that, because sometimes kids come with some incredible challenges, and parents, we know that another school would be able to do that,” Sanders said, noting that the school’s principal was still doing interviews to assess potential students. “You know, like autism is an area where we would say we can’t do that, but there are schools in a public school that have to meet that need, but it’s not something we can do. So the more we know, the more we can say ‘You can come here.’”

Authorizers are responsible for ensuring that charter schools comply with federal anti-discrimination laws.

It will have to keep a close eye on the school’s academic performance, as the other charter schools in the Cornerstone network have struggled. One campus, Lincoln-King Academy, landed on the state’s priority list in 2014, and only recently came off of it. Today, it’s the highest ranked Cornerstone charter school, falling in the 20th percentile, but only after Sanders was hired to help bring up achievement and strengthen culture.

Finally, Grand Valley State University will have to make sure that the new school remains solvent — which could be a challenge if it fails to thrive in Detroit’s crowded charter landscape or if current parents grow alienated and leave.

Nicole Perry said she isn’t thinking about pulling her 10-year-old son Ayinde out of the school that will soon be known as Jefferson-Douglass. But she said she was dismayed to learn about the conversion, even though it will eliminate her tuition bill.

Perry, who is the current PTO president for the primary school, said she chose the school in 2012 because of its rigorous academics, small classes, and “Christ-centered learning environment.”

“I feel like with us becoming a charter school it’s like, ‘Oh, they’re like the other schools. When I used to say Cornerstone, it meant something different,” said Perry, who said she cried at the first meeting when she learned Cornerstone wouldn’t be a private school anymore.

Still, she will be there next year — one of the parents Brockman spoke of who will guide and welcome newcomers.

“No one likes change if it’s not what you want, but the way I see it we either have to get on board or get off in my mind,” she said. “My son has been here for six years, I know the lay of the land, I like the school. Let me take this new person and grab them and show them, why not help the situation rather than hurt it.”