try try again

Voucher program would be revived in Douglas County under proposal — minus religious schools

Douglas County parents protest the district's voucher program in 2010 (Denver Post photo)

The Douglas County School District would take another shot at launching a school voucher program — this time excluding religious schools to abide by a court ruling — under a proposal from a member of the school board’s conservative majority.

In a draft document provided to Chalkbeat, board member Doug Benevento sketches out a proposal to amend the district’s previous voucher program, which the Colorado Supreme Court struck down last June.

Benevento said he has been conferring with board president Meghann Silverthorn and the board attorney on a resolution laying out the amended voucher pilot program. He said he submitted it to Silverthorn for placement on the agenda for Tuesday’s board meeting, which has yet to be finalized.

“This is not the program we wanted to run,” Benevento said. “We did not want to run a program that would force us into a position of making a determination of who is faith-based or not, and be exclusionary based on faith. However, that is the ruling of the Colorado Supreme Court.”

In a 4-3 judgment last June, the state’s highest court held that the district’s Choice Scholarship Program violated a state constitutional provision barring spending public money on religious schools.

District officials petitioned the U.S. Supreme Court and are awaiting word on whether the court will take the case.

The death of Supreme Court Justice Antonin Scalia complicated matters. If a court short one justice were to hear the case and rule 4-4, it would affirm the state Supreme Court’s decision.

School district officials floated the possibility of a purely secular voucher program last fall. Benevento said Scalia’s death did not play a role in the decision to proceed. He said the district is pressing on with the legal case, and will include language in the amended voucher program that will open it back up to religious schools if the court were to rule in its favor.

Even with religious schools stripped out, any voucher program is certain to be opposed by those against taking taxpayer money out of the public school system to pay for private education.

“This is the very first I have ever heard of anything remotely close to this, so that is a kind of a shock,” said Wendy Vogel, who joined the Douglas County school board after November’s election that saw three challengers unseat conservative incumbents.

“I will say I am against vouchers,” she said. “I always have been against vouchers. But other than that broad statement, I don’t know I could say anything else without seeing what he is presenting.”

Under the amended proposal, the district would develop a process for analyzing the policies, board structures and curriculum of schools that wish to participate and bar those deemed religious as defined in state law, Benevento said.

Of the 23 private schools accepted into the original program, 16 were religious and 14 were outside Douglas County. More than nine in 10 students taking part chose religious schools.

The new plan would abandon another contentious element — establishing a charter school that would have served administrative functions including being the conduit for state per-pupil funding flowing to the voucher program. Benevento said the amended program would be run out of a district office.

He called the charter school discussion a “distraction” — that piece of the program angered many in the charter community — and said it wasn’t necessary for the program to pass legal muster.

As many as 500 students could take part in the new voucher program at any one time, starting as soon as this fall. But it is unclear how many Douglas County families would want to enroll their children in secular private schools, or whether secular private schools in metro Denver have the interest or space to accommodate them.

The school district established its Choice Scholarship Program in 2011 after a conservative takeover of the school board, reasoning that competition can lift all schools even in a district consistently ranked as one of the state’s top academic achievers.

While most voucher programs are restricted to low-income students or those with special needs, Douglas County invited all families to apply — although the program was limited to 500 slots.

The novel attempt to bring vouchers to a wealthy district with no shortage of strong district-run and charter schools attracted national notice.

In 2011, the first 304 students were about to enroll when a lawsuit brought it to a halt. So began the legal fight that continues. District officials have said private donations have covered all costs, which last fall stood at about $1.2 million.

Anne Kleinkopf, a board member of Taxpayers for Public Education, an original plaintiff  in the lawsuit against the voucher program, said Thursday she also would need to wait until the full plan is revealed and then review it before commenting.

Given an overview by Chalkbeat, she said: “None of that surprises me.”

The school district could find itself involved in yet more litigation if the amended voucher program gets off the ground and a religious school seeking to take part is turned away.

“Certainly, there is an exclusion of faith-based schools that we would prefer to have included,” Benevento said. “The Colorado Supreme Court didn’t see it that way. If there is some collision between what the Colorado Supreme Court says we are allowed to do and what federal law or previous federal opinions are in this area, that’s possible.”

“Our goal is to provide another option to our parents,” he continued. “But I can’t predict whether there will be additional litigation. I am hopeful to provide the next increment of choice for our parents.”

Here is his draft proposal:

Show me the money

Colorado Senate Republicans push charter school funding in annual school spending bill

Students at University Prep, a Denver Public Schools charter school, worked on classwork last winter. (Photo by Marc Piscoty)

An ongoing dispute over charter school funding in Colorado stole the spotlight Thursday as the Senate Education Committee deliberated a routine bill that divides state money among public schools.

State Sen. Owen Hill, a Colorado Springs Republican, backed by his GOP colleagues, amended this year’s school finance legislation to include language that would require school districts to share revenue from locally-approved tax increases with charter schools.

The annual school finance bill takes how much money the state’s budget dedicates to education and sets an average amount per student. That money is then bundled for each of the state’s 178 school districts and state-authorized charter schools based on student enrollment and other factors.

Thursday’s charter school funding amendment is a carbon copy of Senate Bill 61, one of the most controversial education bills this session. The Senate previously approved the bill with bipartisan support. But House Speaker Crisanta Duran, a Denver Democrat, has not assigned the bill to a committee yet.

“I do want to continue to pressure and keep the narrative up,” Hill said as he introduced amendment.

Democrats on the committee, who also vigorously opposed the charter school bill, objected.

“I consider it a hijacking move,” said Colorado Springs state Sen. Mike Merrifield.

A bipartisan group of senators last year attempted a similar tactic. While requiring that charters get a cut of local tax increase revenue did not go through, smaller items on the charter school community’s wish list were incorporated into the overall funding bill.

House Democrats this year will likely strip away the language when they debate the bill.

State Rep. Brittany Pettersen, a Lakewood Democrat, was not immediately available for comment. She’s the House sponsor of this year’s school finance bill. Pettersen voted to kill similar charter school funding legislation last year at the sponsors’ request. But this year she has been working on a compromise that Republicans have said they’re open to discussing.

Senate Republicans on Thursday also approved an amendment that would prevent the state’s education funding shortfall from growing this year.

The amendment takes $9.6 million from a school health professionals grant program, $16.3 million from an affordable housing program and about $22.8 million from the state education fund and gives it to schools.

Democrats on the Senate committee opposed the changes. They said the money, especially for school health professionals was important.

“Counseling, health programs, are all essentials,” said state Sen. Nancy Todd, an Aurora Democrat. “It’s not icing on the cake.”

The governor’s office also is likely to push back on that amendment. The governor’s office lobbied heavily during the budget debate for the $16.3 million for affordable housing.

Hill said that he tried to identify sources of revenue that were increases to current programs or new programs so that no department would face cuts.

No one will be fired with these changes, he said.

“I want to send a message that we’ll do everything in our power to prioritize school funding and not increase the negative factor,” he said referring to the state’s school funding shortfall.

Hill’s amendment means schools will receive an additional $57 per student, according to a legislative analyst.

While Thursday’s hearing was a crucial step in finalizing funding for schools, the conversation is far from over. Some observers don’t expect resolution until the last days of the session.

The state’s budget is not yet complete, although budget writers took a critical final step as the education committee was meeting. The death of a transportation bill died would allow lawmakers to some money away from schools and spend it on roads, but that is unlikely. Negotiations on a compromise on a bill to save rural hospitals, which also includes money for roads and schools, are ongoing.

And late Thursday, the state budget committee approved a technical change to the budget that could free up even more money for schools after learning cuts to personal property taxes that help pay for schools were not as severe.

Correction: An earlier version of this article reported that Rep. Brittany Pettersen voted against a bill to equalize charter school funding. She has not voted on the bill yet. She voted against a similar measure last year. 

charter law 2.0

Sweeping charter school bill passes Tennessee legislature

PHOTO: Caroline Bauman
Students learn at Memphis Delta Preparatory, one of more than 100 charter schools in Tennessee.

Tennessee is close to overhauling the way it oversees charter schools.

The state Senate voted 25-1 on Wednesday to approve the so-called High Quality Charter Act, which now heads to Gov. Bill Haslam for his signature. The proposal overwhelmingly passed the House last week.

The bill would replace Tennessee’s 2002 charter school law.

“This law will ensure Tennessee authorizes high-quality charter schools for years to come,” said Sen. Brian Kelsey, one of the sponsors.

The measure was developed by the State Department of Education in an effort to address the often rocky relationships between Tennessee’s 105 charter schools and the districts that oversee them. The overhaul clarifies rules on everything from applications to closure.

Local districts will be able to charge an authorizer fee to cover the cost of charter oversight — something that school systems have sought since the first charter schools opened in the state in 2003.

The bill also establishes a fund of up to $6 million for facilities. That’s a boon to charter organizations that are too cash-strapped to pay rent and maintain their school buildings, said Maya Bugg, CEO of the Tennessee Charter School Center.

“It’s really an equity issue,” Bugg said of the facilities issue. “You have charter schools serving a majority of students of color, low-income, and for them to have this gap in funding, it takes dollars away from those students.”

The proposal had widespread support from the charter sector and from officials with Shelby County Schools, the state’s largest authorizer of charter schools, which has been sorting out many of the issues addressed in the revisions.

“Future school board decisions on whether to authorize a charter school will be based on best practices, and charter schools that fail to meet performance standards will be shut down,” said Kelsey, a Germantown Republican. “I am glad that the governor reached agreement between local school districts and charter school operators over how much charter schools should pay for an administration fee.”