over and out

Douglas County school board ends controversial voucher program

Cindy Barnard, second from left, applauds after the Douglas County school board voted to end the district's voucher program. Barnard is one of the original plaintiffs in the voucher court case. (Photo by Nic Garcia/Chalkbeat)

CASTLE ROCK — The Douglas County school board voted Monday to end a controversial private-school voucher program and directed the school district to end a long-running legal battle that reached the nation’s highest court.

The board voted 6-0 at a standing-room-only meeting to rescind the program, which was put on a hold in 2011 by a Denver District Court judge before families could use it.

The program was a prime fault line in an election this fall that saw voucher opponents take full control of the board.

“Public funds should not be diverted to private schools, which are not accountable to the public,” said board member Krista Holtzmann.

The Colorado Supreme Court, which earlier this summer was directed by the U.S. Supreme Court to revisit the case, will have the ultimate say in whether the legal challenge will end.

However, the court usually does not consider moot cases, said Mark Silverstein, legal director for the ACLU of Colorado, a plaintiff in the case.

The board’s action is a blow to conservative education reform advocates and voucher supporters in Colorado and across the country. Proponents of vouchers had hoped a victory at the U.S. Supreme Court would set a national precedent.

The legal question at the center of the voucher debate is whether a local school district can send tax dollars to private-religious institutions. A majority of the schools that enrolled in the Douglas County voucher system, known as the Choice Scholarship Program, were religious.

The Colorado Supreme Court in 2015 ruled that the district could not because the state’s constitution forbid it. The U.S. Supreme Court gave voucher supporters renewed hope earlier this year when in a similar case it issued a narrow ruling for a preschool run by a church.

A network of voucher supporters have argued that such constitutional prohibitions, known as Blaine Amendments, are rooted in Catholic bigotry and are outdated.

Americans for Prosperity, a political nonprofit that advocates for free-market policies including private school vouchers, announced Friday it was spending “five-figures” to warn Douglas County parents about the board’s decision to end the program and monitor the board’s action going forward.

“The new school board must put the needs of school children before any political belief,” Jesse Mallory, the group’s Colorado state director, said in a statement. “Ending this program before it even has a chance to succeed and provide real change in our communities would be extremely shortsighted. If the board believes they should deny children more educational opportunities, AFP-Colorado will hold them accountable.”

Opponents of vouchers, who showed up in force Monday night, presented a lengthy lists of claims against private schools and vouchers. Some argued that private schools discriminate against students. Others suggested vouchers were part of a scheme to privatize education.

“What happens to the educational quality of children in the community school where there is less money to work with because of the voucher outflow?” said one speaker, Barbara Gomes Barlow, who has grandchildren in Douglas County schools. “It is diminished. It’s a fiction to believe that vouchers open up choice for all students. They do not.”

Monday’s meeting comes nearly one month after four anti-voucher candidates — Holtzmann, Anthony Graziano, Chris Schor and Kevin Leung — resoundingly won seats on the board. Their opponents campaigned to keep the legal fight alive.

“This is what you were elected to do — serve the taxpayers in a public school district,” said Stephanie Van Zante, another county resident who spoke during public comment. “Ending this policy shows that this board has returned its focus to local educational practices and not national politics.”

Leung, who is a plaintiff in the legal case against the voucher program, recused himself from voting on ending the program.

For Cindy Barnard, the original plaintiff in the legal fight, Monday’s decision was six years in the making.

“I’ve been working on this for a long time and I’m very, very happy to hear the district rescind the program,” Barnard said. “Knowing that public school funds will stay in our public schools — it’s a good day.”

Correction: This article has been updated to better reflect how Americans For Prosperity is spending “five-figures” to monitor the Douglas County school board in general. 

temporary reprieve

Parents score a temporary victory in slowing the closure of a small Brooklyn elementary school

PHOTO: Alex Zimmerman
Protesters gathered at the education department's headquarters to protest a recent set of closure plans.

A judge blocked the closure of a small Brooklyn elementary school Thursday — at least for now.

Three families from P.S. 25/the Eubie Blake School filed a lawsuit in March backed by the public interest group Advocates for Justice, arguing the city’s decision to close the school was illegal because the local elected parent council was not consulted.

Brooklyn Supreme Court judge Katherine Levine did not make a final ruling Thursday about whether the closure plan violated the law. But she issued a temporary order to keep the school open while the case moves forward.

It was not immediately clear when the case will be resolved or even if the school will remain open next year. “We are reviewing the stay and will determine an appropriate course of action once the judge makes a final decision on the case,” education department spokeswoman Toya Holness wrote in a statement.

The education department said the school has hemorrhaged students in recent years and is simply too small to be viable: P.S. 25 currently enrolls just 94 students in grades K-5.

“Because of extremely low enrollment, the school lacks the necessary resources to meet the needs of students,” Holness wrote. The city’s Panel for Educational Policy, a citywide oversight board that must sign off on all school closures, voted in February to close the school.

But the school’s supporters point out that despite low test scores in the past, P.S. 25 now ranks among the city’s top elementary schools, meaning that its closure would force students into lower-performing schools elsewhere.

“Why close a school that’s doing so well?” said Leonie Haimson, the executive director of Class Size Matters and one of the lawsuit’s supporters. “It doesn’t make sense to me.”

The lawsuit hinges on a state law that gives local education councils the authority to approve any changes to school zones. Since P.S. 25 is the only zoned elementary school for a swath of Bedford-Stuyvesant, the department’s plans would leave some families with no zoned elementary school dedicated to educating them, forcing students to attend other district schools or enter the admissions lottery for charter schools.

That amounts to “effectively attempting to change zoning lines” and “unlawfully usurping” the local education council’s authority to determine those zones, according to the lawsuit.

But even if the education department loses the lawsuit, the school’s fate would still be uncertain. The closure plan would theoretically be subject to a vote from the local education council, whose president supports shuttering the school.

Still, Haimson hopes the lawsuit ultimately persuades the education department to back away from closing the school in the long run.

“My goal would be to get the chancellor to change his mind,” Haimson said. “I don’t think the future is preordained.”

Future of Schools

Four school leaders hope to bring innovative ideas to Indianapolis education

PHOTO: Dylan Peers McCoy
Brandon Brown introduces four new innovation school fellows.

Hoping to jumpstart innovation in Indianapolis education, four experienced educators will spend a year or more developing new models for schools.

The educators were chosen from among 39 applicants for fellowships from the Mind Trust, a nonprofit that supports district-charter partnerships. This is the fifth round of innovation fellowships, which give leaders one to two years to prepare to launch or takeover schools in Indianapolis Public Schools.

The fellowship includes an annual salary of about $100,000, benefits, and support for creating new schools, such as visits to other schools, training, and legal assistance. The package for each fellow is worth approximately $200,000 per year.

The city has 16 innovation schools, and they enroll about 20 percent of the students in Indianapolis Public Schools. They are under the umbrella of the district, but they are managed by outside charter operators or nonprofits, and most of the teachers are not employed by the district nor do they belong to the teachers union. The Mind Trust has been instrumental in the creation of innovation schools, and the vast majority of the schools were founded with support from the nonprofit.

The innovation fellowship winners include two people from Indianapolis and two recruits from other cities. But in a sign that the nonprofit’s leaders have become more cautious in their choices, all four have years of experience in education.

Brandon Brown, CEO of the Mind Trust, said that’s by design. About four early innovation fellows never ended up opening innovation schools. But all of the recent winners have either opened schools or are on track to open them, he said.

Candidates are much more likely to be successful, he said, if they have the entrepreneurial spirit to create their own nonprofits and win community support — and have experience in education.

“There’s this notion that if you’re a great entrepreneur, you don’t have to have the unique skill set to know education and [yet] you can go operate a school,” Brown said. “We’ve learned that that’s a very rare thing to see.”

While the winners have all worked in established schools, however, Brown said they are trying new models.

Tihesha Henderson, principal of School 99, won a fellowship to develop a school designed to meet the social and emotional needs of students. She will take a yearlong leave from her current job and hopes to return and transform School 99 into an innovation school.

Henderson envisions a school that adjusts to meet student needs, whether through therapy, small classes, or classroom redesign. School 99 already has significant flexibility, but as an innovation school, Henderson would be able to change the school calendar and set teacher pay, she said.

“We don’t have to be the status quo,” she said. “We can branch out and do some things differently, but it all comes back to — are we meeting out kids needs?”

The other fellows are Alicia Hervey, dean of student development for Christel House Academies; Kim Neal, managing director of secondary education for the charter school network KIPP DC; and Brandy Williams, an expert in special education from New Orleans.

Although innovation schools are considered part of Indianapolis Public Schools, they also often have charters through the office of Mayor Joe Hogsett. The collaborative nature of the schools was on display at the announcement Thursday, where Hogsett, Superintendent Lewis Ferebee, and Brown all spoke.

The innovation schools, said Ferebee, are part of a broader district strategy to give principals more flexibility to run their schools.

“We hire great leaders, get out of their way and give them the space and agility to make decisions about academics [and] operations to better serve our students and our families,” he said.

The city’s reputation in the education community is helping it attract educators from across the country, said Hogsett.

“They know our city is one where they can make a difference,” he said. “Indianapolis welcomes their passion with open arms.”