v(ouch)!

Plaintiffs: Dougco voucher program thwarts constitution

Highlands Ranch High School science teacher Bob MacArthur leads a class discussion in 2014. (Photo by Nicholas Garcia)

Gearing up for a constitutional slug match over the fate of private school vouchers in Colorado, lawyers for Douglas County parents and taxpayers made their first pitch to the Colorado Supreme Court on the 2011 suburban scholarship program.

The voucher plan, which is on hold pending litigation, would allow Douglas County students to use public tax dollars to enroll in private — and often religious — schools would siphon away much-needed revenue from public schools and subsidize religious institutions. In effect, the program is unconstitutional, lawyers argued in a brief filed late Thursday with the Colorado Supreme Court.

The 80-page document, filed on behalf of two groups of plaintiffs, argues why the district-created voucher program, known as the Choice Scholarship Program, should not be permitted to launch.

The Colorado Supreme Court agreed to hear the case earlier this year after a three-member appellate court overturned a lower courts ruling that deemed the program unconstitutional.

The appellate court ruled the plaintiffs, including parents, clergy, and tax payers, did not have legal standing to bring the lawsuit. That decision will be one of six points the Supreme Court will consider in its ruling.

Other questions the Supreme Court will look to answer include whether the program violates Colorado’s Public School Finance Act of 1994 and four different sections of the Colorado Constitution.

“The majority court of appeals opinion that upheld the Program, if allowed to stand, would eviscerate core provisions of the religion and education clauses of the Colorado Constitution, restrict citizens’ ability to enforce the Public School Finance Act, and give school districts around the state carte blanche to implement similar programs, with potentially devastating consequences for the State’s constitutionally mandated public-school system,” the brief says.

The plaintiffs’ brief is one of a few initial steps in what is expected to be a rather long and uncertain process. The Douglas County School District has until Aug. 4 to file its response. A date for oral arguments has not been set. Those arguments may not be heard until next year, according to a spokesman for the the Colorado chapter of the American Civil Liberties Union.

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.

Thirty-four private schools applied to participate in the voucher program. Dougco approved 23 of those schools.

Of the 23 schools, 14 were located outside Douglas County, and 16 taught 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 previous court documents filed by the district.

However, lawyers for the plaintiffs argue the waivers weren’t enough to meet constitutional muster.

The Douglas County school board remains confident in its case, a spokeswoman for the district said earlier this week referring to a previously issued statement from board member Craig Richardson.

“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 March. “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.”

From the brief

One of the main objections to the voucher program was the inclusion of religious-run institutions. Critics saw this as a violation as of the Colorado’s Constitution as using public dollars for religious activities. While there was a waiver policy for students who might not participate in a particular religion, a lower court agreed the waiver was limited at bets. The brief argues:

The Program purports to afford students the right to “receive a waiver from any required religious services at the Private School Partner,” but the waiver only applies to saying prayers aloud; students can still be compelled to attend religious services. Nor may students opt out of full participation in other religious exercises — such as prayer recitations and scriptural readings — that many of the schools mandate throughout the day. Moreover, most of the schools require students to receive instruction in religious doctrine. Even the District acknowledged that this was “[n]ot much of an opt out.”

During the initial trial, testimony suggested one participating religious school only signed up for the program to beef up its own reserves. Here’s why:

There are no restrictions on how participating schools may spend the public funds they receive through the Program. Schools are free to use the funds for religious instruction, worship services, religious literature, clergy salaries, and construction or maintenance of facilities used for worship and prayer.

One of the more nuanced parts of the Dougco voucher case revolves around a charter school established by the district that students in the program were to enroll in. The charter school had no teachers, curriculum, or walls. Its primary function was to cut voucher checks to parents.

In sum, the Voucher Program rests on the transparent fiction that the Charter School is a “qualified charter school” entitled to claim and spend public funds under the Act. The Court should not sanction such a fiction.

If the Douglas County wants to expand school choice, as it has purported to do, there is a constitutional solution, the brief says:

If the citizens of Colorado want to rewrite the State Constitution to allow public funding of religious schools, they can try to do so at the ballot box. Until then, the language and intent of the Colorado Constitution’s framers must be followed.

The plaintiffs’ brief

Indiana's 2019 legislative session

Indiana’s push to raise teacher pay is creating some unlikely allies

PHOTO: Denver Post file
Middle school math teacher Eliana Moore, left, gives Armando Flynn, 13, some extra attention to help with a lesson in algebra.

It’s not every day that the state’s teachers union, Republican leaders, and education advocacy groups find themselves working toward the same goal. But this year, as Indiana puts teacher pay at the forefront of its legislative priorities, there seems to be an all-hands-on-deck approach to make it happen — and that means some unlikely allies.

During Tuesday’s ceremonial first day of the legislative session, House Speaker Brian Bosma announced in a speech to fellow lawmakers that Republican Reps. Bob Behning and Todd Huston — as well as representatives from the Indiana State Teachers Association, advocacy group Stand for Children, and the educator organization Teach Plus — were working on a plan to ensure teacher raises are part of the state’s next two-year budget.

“The most important profession for the future is those that serve in our classrooms,” Bosma said, adding that although the state has made increases over the past few years in school funding, pay for teachers has not kept pace even as administrative spending has increased.

It’s an unusual partnership because the teachers union has frequently had tension with Republicans who favor school choice and expanding the state’s charter school and private school voucher programs. The union, which staunchly advocates for traditional public schools, has also clashed over charter partnerships with districts, a model that Teach Plus and Stand for Children have supported, even though they aren’t inherently partisan.

Why now? The combination of local districts struggling to hire teachers and keep them in the classroom and a larger national conversation about teacher compensation has put raising teacher pay in the spotlight, both in Indiana and across the country. Last week, teachers in Portage, Indiana, picketed to push for larger raises as they negotiate a new contract.

“It’s been a crisis that’s been coming — we’ve seen it coming … and finally people are starting to connect the dots between compensation and retention,” said Teresa Meredith, president of ISTA, the state’s largest teachers union. “We finally had to take a step back and say, obviously fighting each other is not getting anything done.”

Meredith said state-driven policies that have led to more testing and dialed up the need for schools to compete for students naturally has resulted in increased spending on staff members who aren’t in the classroom. Now, she said, lawmakers are seeing how that’s affecting school budgets, and, in turn, making it difficult to attract and retain teachers.

The desire to figure out ways to keep teachers in the classroom also brought Teach Plus to the table, said Rachel Hathaway, program manager for the national organization’s Indiana arm. Teach Plus helps train teachers to be policy advocates.

“There is a moment happening this year that can bring folks together to really elevate the profession and support teachers to make sure they are able to stay in the classroom,” Hathaway said. Teach Plus has “a history of knowing the importance of teacher recruitment and retention and ensuring we have high-quality teachers in front of our students.”

And it’s that impact at the classroom level, Stand for Children Indiana executive director Justin Ohlemiller said, that speaks to his group’s mission. Stand is an organization that aims to help parents learn how to advocate for their children in schools, but the group has been criticized, such as during the recent Indianapolis Public Schools board election, because they do not have to disclose their spending.

“At the end of the day, data shows one of the most important single factors in children’s education is the educator at the front of the room,” Ohlemiller said.

Indiana’s plans for how to boost teacher salaries are expected to come into sharper focus over the next few weeks. But Bosma cautioned again Tuesday that there might not be much extra money to work with, casting some doubt on the state’s ability to raise pay enough to make a meaningful difference for educators across the state.

“We’re going to have more needs, more critical needs, than we have available dollars,” Bosma said.

Bosma wouldn’t offer details about how much money House Republicans would add for teacher pay, but said after funding obligations to the Department of Child Services, that state would have an optimistic $50 million per year in new revenue for other funding requests. If teacher pay were to receive just a piece of that, it would be far less than the $81 million per year or so that Senate Democrats have called for — which they figure would amount to a 5 percent raise for teachers and counselors over the next two years.

And if curbing teacher shortages is as much of a priority as the state’s majority is now pushing, state Democrat leaders say, Indiana needs to prove that come January by making it a meaningful part of the budget.

“We have the resources,” Sen. Tim Lanane, a Democrat from Anderson, said on Friday when his caucus presented its 2019 priorities. “We can make that sacrifice to make sure our teachers know we respect and appreciate them.”

cry for help

View from the child care trenches: ‘Those of us cleaning the poop are not making it’

PHOTO: Ann Schimke | Chalkbeat

At the end of three hours of briefings Monday on advancing care for Illinois’ tiniest residents, an on-the-ground provider’s 3-minute plea shook awake a gathering of the state’s top early childhood leaders and reminded them why they were there.

“We are in a crisis and unable to get help,” said Holtz, who in seven years has cycled through 147 staff members at her two day care centers in south central Effingham.

Turnover in that time among her 35 employees has been enough to staff the two centers more than four times over.

Speaking to the early learning council that directs how the state funds services for children from birth to age 5, Holtz said half of those departing sought better-paying jobs in other fields. Others headed to public school districts that pay better. Some she let go.

“Down here in the trenches, those of us who are cleaning the poop and plunging the toilets — we’re the ones who are not making it,” said Holtz, ticking off how well-intentioned Illinois directives make it tough to run a childcare business. She listed state policies like raising degree requirements for jobs that pay $8.50 to $10.25 an hour in her area, an endless stream of “health and safety” trainings, and lead and radon tests that cost her $1,000 apiece.

In a meeting that focused mainly on future ambitions, Holtz redirected attention to a present hazard: a critical shortage of qualified staffers to work in infant centers, daycare programs, and community-based preschools.  

The issue threatens to undercut any sort of universal pre-K program, which governor-elect J.B. Pritzker pledged to pursue as a candidate.

Preschool expert GG Weisenfeld said Illinois meets many established early learning benchmarks. But the state lags in salary parity. Other shortcomings: a revolving door of the state’s top leadership in early learning and a lack of full-day programs.   

“For preschools housed within public schools, those teachers have salary parity with other teachers,” said Weisenfeld, the lead author of a new state preschool policy scan from the National Institute for Early Education Research. “Unfortunately, when programs are housed in community-based centers, those teachers do not.”

But the state’s powerful Early Learning Council barely touched on that topic at its quarterly meeting Monday.

Holtz, one of only two people to address the council, said she drove several hours from Effingham for her three minutes at the mic. She said she supports the state’s push for better quality, but that effort doesn’t pencil out for her and other caregivers. One state subsidized program for low-income families reimburses her only $23 per day per child. That’s not enough to pay a lead teacher with a bachelor’s degree.

“When we do hire them, they uniformly all leave for better pay and benefits — and less stress. The stress is up there with the reasons for leaving, along with pay.”

As Illinois focuses on raising the quality of early learning throughout the state by requiring bachelor’s degrees for lead teachers in preschools, it faces a conundrum: Teachers with college degrees want to and can earn more than minimum wage elsewhere. (A 2017 state report said the median hourly wage for a licensed childcare center teacher was $12.50. Assistant teachers and infant caregivers generally made less.)

Jill Andrews, another downstate center director who heads up the Southern Illinois Child Care Assistance Task Force and made the trek with Holtz, handed out folders with her own set of recommendations.

Among them: raising state reimbursement rates for publicly funded child care programs, helping child care providers qualify for state health insurance, and offering community college credit as an incentive for workers to pursue training.