Decisions & Choices

Douglas County voucher supporters encouraged by Supreme Court decision in similar case

James Lyons, representing the Douglas County School District, speaks during oral arguments at the Colorado Supreme Court in the Douglas County vouchers case. (Photo by RJ Sangosti/The Denver Post)

A significant U.S. Supreme Court ruling Monday on a church-state issue opens a new chapter in a court fight over a Douglas County private school voucher program, with both supporters and opponents finding encouragement in the high court’s decision.

The court ruled that the state of Missouri violated the U.S. Constitution when it barred a church-run preschool from participating in a state program that repaved playgrounds.

While the court’s narrow 7-2 decision fell far short of legalizing private school voucher programs, it still has implications for the Douglas County program, which the state Supreme Court rejected.

Most likely, observers said, the Douglas County case will be kicked back to the Colorado Supreme Court for examination under the precedent the U.S. Supreme Court set with its new ruling. Or the U.S. Supreme Court could hear the case, the preferred outcome of voucher backers who would like to set a more sweeping precedent for their cause.

“This is a huge victory for folks who are believers in religious liberty,” said Ross Izard, a senior education policy analyst at the Independence Institute, a Denver-based free-market think tank. “Unfortunately for those of us who are invested in the school choice movement, it doesn’t accomplish everything we hoped it would.”

The legal fight over vouchers has engulfed the suburban school district south of Denver since 2011. That’s when a new conservative school board established the Choice Scholarship Program.

Unlike other voucher programs, which are designed to provide low-income families with educational alternatives, the Douglas County program was opened to all students in the district with a median household income of $107,650.

Lawyers representing the Douglas County School District and families who participated in the voucher program before it was halted by a lower court said they expect the Supreme Court to decide this week whether they’ll take up the years long debate over the voucher program.

“We’re certainly encouraged,” said William Trachman, general counsel for the Douglas County School District. “The policy reasons that underlie the program are to give students educational choice. That’s what Douglas County cares about.”

The Colorado Supreme Court ruled in 2015 that the Douglas County School District’s voucher program, which would have allowed parents to use taxpayer dollars to send their students to private religious schools, was unconstitutional.

The state’s constitution includes a provision that forbids tax dollars to be used by religious institutions. Colorado is one 38 states that have these so-called Blaine Amendments.

The district, along with three Douglas County families and Colorado’s attorney general, later appealed to the U.S. Supreme Court. The U.S. Supreme Court has held the case for nearly two years as it considered the Missouri case, Trinity Lutheran Church of Columbia, Inc. v. Comer.

In that case, Trinity Lutheran sued the state of Missouri after it prohibited the church from participating in a state program that used recycled tires to resurface playgrounds.

The U.S. Supreme Court said the state could not prohibit the church from participating in the program since the benefit of the program — new asphalt for the playground — was secular and did not further the church’s religious mission.

That’s an important distinction opponents to the Douglas County voucher program highlighted in reacting to the decision.

“The majority opinion in Trinity Lutheran explicitly distinguished the facts in that case from cases like ours where government funds run afoul of state anti-establishment clauses because the funds are being used to pay for religious education,” Cindy Barnard, president of Taxpayers for Public Education, a nonprofit that supports traditional public schools, in a statement. Barnard was the original plaintiff in the Douglas County voucher case.

Mark Silverstein, legal director of the Colorado ACLU, one of the organizations that argued against the voucher program, echoed Barnard.

“The Douglas County school district’s voucher program violated the state’s constitution as of yesterday. It violates the state constitution even today,” he said. “This case today is not about using public money for religious indication. And that’s a distinction I believe most of the justices see as important.”

Finding a home

Denver school board permanently co-locates charter elementary in middle school building

Students and staffers at Rocky Mountain Prep's first charter school in Denver cheer in 2012. (Photo by The Denver Post)

A Denver elementary charter school that was temporarily granted space in a shuttering district-run middle school building will now be housed there permanently.

The school board voted Thursday to permanently place Rocky Mountain Prep Southwest charter school in the Kepner Middle School building, where it is sharing space this year with three other school programs. Such co-locations can be controversial but have become more common in a district with skyrocketing real estate prices and ambitious school quality goals.

Rocky Mountain Prep Southwest is part of a homegrown charter network that has shown promising academic results. The network also has a school in Aurora and is expected to open a third Denver school next year in the northwest part of the city.

Rocky Mountain Prep Southwest was first placed at Kepner for the 2015-16 school year. The placement was supposed to be temporary. The district had decided the year before to phase out low-performing Kepner and replace it a new district-run middle school, Kepner Beacon, and a new charter middle school, STRIVE Prep Kepner, which is part of a larger network. The district also temporarily placed a third charter school there: Compass Academy.

Compass has since moved out of Kepner but the other four schools remain: Rocky Mountain Prep Southwest, Kepner Beacon, STRIVE Prep Kepner and the Kepner Legacy Middle School, which is on track to be completely phased out and closed by June 2019.

In a written recommendation to the school board, district officials acknowledged that permanently placing Rocky Mountain Prep Southwest at Kepner would create a space crunch.

The Kepner campus has the capacity to serve between 1,100 and 1,500 students, the recommendation says. Once all three schools reach full size, officials expect the schools will enroll a total of approximately 1,250 students. Rocky Mountain Prep Southwest currently serves students in preschool through third grade with a plan to add more grades.

“DPS facilities staff are currently working with all three schools to create a long‐term vision for the campus, including facility improvements that ensure all three schools have what they need to continue to excel,” says the recommendation from Chief Operating Officer David Suppes and Director of Operations and Support Services Liz Mendez.

District staff tried to find an alternate location for Rocky Mountain Prep Southwest but were unsuccessful, the recommendation says. The district does not have many available buildings, and competition for them among district-run and charter schools can be fierce. In northeast Denver, seven secondary schools are currently vying for the use of a shuttered elementary.

Future of Schools

Indianapolis needs tech workers. IPS hopes that George Washington will help fill that gap.

PHOTO: Dylan Peers McCoy

Indiana companies are looking for workers with computer expertise, and Indianapolis Public Schools leaders want their students to fill that gap.

Next year, George Washington High School will launch a specialized information technology academy designed to give students the skills to pursue careers in IT — and the exposure to know what jobs even exist.

“Half of what kids aspire to be is either someone they know does it or they’ve seen it on TV,” said Karen Jung, president of Nextech, a nonprofit that works to increase computer science preparation in K-12 schools. Nextech is partnering with IPS to develop the new IT program at George Washington.

For teens who don’t know anyone working in computer science, meeting role models is essential, Jung said. When teens see women of color or artists working in computer sciences, they realize there are opportunities for people like them.

“Once we put them in front of and inside of workplaces … it clicks,” Jung said. They believe “they would belong.”

The IT program is one of three academies that will open in George Washington next year as part of a broad plan to close nearly half of the district’s high schools and add specialized focus areas at the four remaining campuses. In addition to the IT academy, George Washington will have programs in: advanced manufacturing, engineering, and logistics; and business and finance.

The district is also moving to a model without neighborhood high schools. Students will be expected to choose high schools based on focus area rather than location. This year, many current high schoolers were required to reapply in an effort to make sure they enroll in academies that fit their interests.

The district will host a showcase of schools to help parents and students with their selections. The showcase runs from 10 a.m. to 2 p.m. Saturday at the Indiana State Museum.

Stan Law, principal of Arlington High School now, will take over George Washington next year. (Arlington will close at the end of this year.) He said the new academies offer an opportunity for students to see what they need to master — from soft skills to knowledge — to get good jobs when they graduate.

“I want kids to really make the connection of the purpose of high school,” Law said. “It is that foundation for the rest of your life, in terms of the quality of life that you are going to live.”

PHOTO: Dylan Peers McCoy
Stan Law

When the IT academy launches next year, students who select the program will be able to spend about one to two classes per year focused on information technology, said Ben Carter, who runs career and technical education for IPS.

Carter hopes the academies will reshape George Washington and other IPS campuses by connecting potential careers with the work students do everyday at school. Students who share a focus area will be in a cohort, and they will share many of the same core classes such as English, math and history, said Carter. Teachers, in turn, will be able to relate what students are studying in their history class to projects they are working on in the IT program, for example.

To show students what a career in information technology might look like, students will have the chance to tour, connect with mentors and intern at local companies.

“If I’m in one of these career classes — I’m in software development, but then I get to go to Salesforce and walk through and see the environment, to me as a student, that’s inspiring,” said Carter. “It’s like, ‘oh, this is what I can have.’ ”

He added. “It increases engagement but also gives them a true sense of what the career is.”