back to the future

Colorado Supreme Court ordered to reconsider Douglas County school voucher case

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

The Colorado Supreme Court must reconsider its ruling against a private school voucher system created by the Douglas County School District, the U.S. Supreme Court ordered Tuesday.

The edict comes a day after the nation’s highest court issued a ruling on a case that touched on similar issues.

At issue is whether Douglas County parents can use tax dollars to send their students to private schools, including religious schools. The Colorado Supreme Court said in 2015 the program violated the state’s constitution.

What connects the Douglas County voucher debate to the just-decided Trinity Lutheran v. Comer case from Missouri is that both states have so-called Blaine Amendments. Such provisions prohibit state tax dollars from aiding religious practices. Nearly 40 states have similar language.

The U.S. Supreme Court ruled Monday that the state of Missouri violated the U.S. Constitution by prohibiting Trinity Lutheran’s church-run preschool from participating in a state program that repaved playgrounds. The court found that the state must allow churches to participate in state programs when the benefit meets a secular need.

That distinction likely will be the question the Colorado Supreme Court wrestles with when it takes up the issue again.

“The Supreme Court in Trinity Lutheran expressly noted that its opinion does not address religious uses of government funding,” Mark Silverstein, the ACLU of Colorado’s legal director, said in a statement. The ACLU was one of the organizations challenging the voucher program.

“Using public money to teach religious doctrine to primary and secondary students is substantially different than using public money to resurface a playground,” Silverstein said.

The school district said it was encouraged by the U.S. Supreme Court’s decision.

“We look forward to the Colorado Supreme Court’s second review and decision on this important matter,” William Trachman, the district’s legal counsel, said in a statement. “As always, the Douglas County School District is dedicated to empowering parents to find the best educational options for their children.”

It’s unclear when the Colorado Supreme Court will take up the Douglas County case. The court has three options: It may revise its earlier opinion, request new arguments from both sides or ask a lower court to reconsider the case.

Given the national implications, it’s unlikely the Colorado justices will have the final say — especially if they again conclude the voucher program violates the state’s constitution. The question could end up being decided by the U.S. Supreme Court.

The Douglas County School District launched its voucher program in 2011 after a conservative majority took control of the school board. The district was prepared to hand out more than 300 vouchers to families before a Denver District Court judge blocked the program from starting.

Try again

State education officials question another batch of Success Academy charter renewals

PHOTO: Success Academy
A "Slam the Exam" rally for Success Academy students

This July, New York’s top education policymakers are gearing up for next year — with a little charter school drama brewing on the side.

Reigniting a debate that flared in April, the board is poised to send a set of Success Academy charter school renewals back to SUNY, the network’s authorizer, rather than approving them.

The state also plans to release a revised draft of its plan under the Every Student Succeeds Act on Monday, according to state officials. The Regents are not planning to vote on the state’s revised learning standards, though they are scheduled to discuss them.

The majority of July’s meeting will be devoted to a public “retreat,” which includes discussions about school integration, graduation requirements and principal standards. These conversations will likely provide insights into what policymakers are interested in tackling next school year.

Success Academy renewals (again)

In April, the state’s Board of Regents sent a slate of Success Academy charter renewals back to SUNY, arguing the authorizer had renewed them too soon.

The same appears poised to happen at July’s meeting. There are eight Success Academy schools tentatively approved for full, five-year renewals by SUNY along with one other city charter, the Bronx Charter School for Better Learning. State officials recommend sending the renewals back to SUNY with comments.

The move is largely symbolic, since SUNY has the final word, but it caused some debate last spring. After the Regents meeting in April, the decision to send the renewals back to SUNY gave rise to dueling op-eds written by Robert Pondiscio and New York State Board of Regents Chancellor Betty Rosa.

The board is not scheduled to discuss SUNY’s recent proposal to allow some of its charter schools to certify their own teachers, though that announcement drew criticism from State Education Commissioner MaryEllen Elia and Board of Regents Chancellor Betty Rosa earlier this month.

A whole new law

New York state education officials are also in the final stages of completing their plan to evaluate and improve schools under the Every Student Succeeds Act, a new federal law.

The state released its draft plan in May and state officials said they will present revisions at Monday’s meeting. The final vote is expected in September and state officials said they will submit the plan to the U.S. Department of Education later that month.

The revisions are not yet public, but questions have already been raised about how the state will assess transfer schools, which are geared toward students who have fallen behind in high school, and how it will display information about schools to the public.

“We’re going to be looking at the dashboard and what represents a [good] set of indicators,” said Regent Judith Johnson. “What indicators do we need as measures of professionalism, measures of assessment, measures of success?”

The board could also discuss the U.S. Department of Education’s comments on other states’ plans that have already been submitted. U.S. Education Secretary Betsy DeVos’s team surprised states by taking a hard line in initial feedback.

New learning standards?

There is no vote scheduled on new learning standards at this meeting, but the board will hear an update on the process.

The state has received 238 comments on the Next Generation math standards and 252 responses about English, according to a Regents document. The document suggests they are still working on early-grade reading standards and clarifying how they will apply to students with disabilities and to English learners.

This work is part of the lengthy process of revising the Common Core learning standards and unveiling them as the Next Generation Learning Standards. So far, state officials have released a draft set of revised standards, revised them again and given them a new name.

When they unveiled the revisions (to the earlier proposals) in May, state officials said they expected to officially approve new standards in June. But they have yet to come to a consensus and now expect the final version to go before the board in September.

Integration

At the Regents’ last meeting, state officials planted a stake in the ground on the topic of integration, calling New York schools the most segregated in the country and kicking off a preliminary discussion on how to integrate schools. The conversation came soon after the city unveiled its own diversity plan, which some critics found disappointing.

But the state’s discussion left many questions unanswered. During Monday’s discussion, it’s possible some of the Regents’ positions will become clearer.

Graduation

The Regents have been working to reform graduation requirements for years. Last year, the board took some steps in that direction when it allowed students to earn a work-readiness credential in place of a final Regents exam and made it easier for students with disabilities to graduate.

At July’s meeting, the topic is slated for a broader discussion, prompting the question: Could a more substantial rethinking of what it means to earn a New York state diploma be on the way?

Regent Roger Tilles, who has been active in discussions of changes to graduation requirements, suggested that anything could be on the table, including an end to using Regents exams as graduation requirements.

“I’m not sure I know exactly where we’ll end up,” Tilles said. “I know where I don’t want to end up: where we are now.”

new chapter

Frosty relationship thaws between parents group Memphis Lift and Shelby County Schools

PHOTO: Caroline Bauman
Leaders of Memphis Lift take literally Superintendent Dorsey Hopson's call to "lock arms and work together" following Hopson's presentation to the parent advocacy group on Monday evening.

When Memphis Lift launched two years ago, leaders of Shelby County Schools questioned the motives and methods behind the group’s parent advocacy, including its early paid work to canvass neighborhoods about the district’s low-performing schools.

But this week, the two entities appeared to turn a page in their often contentious relationship. Superintendent Dorsey Hopson paid a visit on Monday night as part of the group’s monthly speaker series, and the organization welcomed him warmly.

“When you have the challenges we have here in Memphis, we have to lock arms and work together,” Hopson told about 100 people in attendance. “At the end of day, there’s an undeniable correlation between parental involvement and achievement.” 

PHOTO: Caroline Bauman
Hopson talks about the need for equitable funding and parental involvement.

Hopson’s decision to engage Memphis Lifters stands in stark contrast to late 2015 when he questioned whether the parent group was truly independent — or just a mouthpiece for the state-run Achievement School District, a turnaround program that takes control of struggling schools and usually converts them to charter schools. Those suspicions prompted Shelby County Schools to deny the ASD’s request for student information out of concern that the material would be given to Memphis Lift, whose orange-shirted members were going door-to-door to talk with families about local schools in the state’s bottom 5 percent.

But things have changed a lot. Tennessee’s Department of Education clipped the ASD’s wings this year while adding new tools for turnaround work. Memphis Lift, which launched in mid-2015 amid questions about its legitimacy, has demonstrated staying power by developing its grassroots base and leadership. And the need to increase parental involvement was cited as a priority at community meetings held last fall across the district.

“When we first started, (SCS leaders) were saying we worked for the ASD, then charters,” said Sarah Carpenter, executive director for Memphis Lift. “Now, I think they get we’re here for all children. … Dorsey coming to speak is a very exciting moment for us.”

Carpenter said a turning point came this spring when Hopson visited their offices in north Memphis, where the group hosts programs to educate parents about policy and how to get involved in their children’s schools.

“I think Dorsey was surprised by what we were doing here,” Carpenter said. “He asked what he needed to do to reach more parents, and I told him he needed to be more accessible. We only saw him at school board meetings.” 

Hopson made himself available Monday night by speaking about Destination 2025, the district’s strategic plan to raise reading levels and graduation rates and develop career readiness for students. During the two-hour exchange, he also took questions from the crowd.

The superintendent emphasized the need for more pre-K seats and for third-graders to read on grade level. He said the district can’t do its job without parental involvement and encouraged Memphis Lift to advocate for more dollars for Memphis schools and for high-needs students.

“All parents and advocacy groups should be aligned on a few things — number one being equitable funding for kids,” Hopson said. “This is a powerful group, if you show up and say here’s what we want, (elected leaders are) not going to ignore it.”