Vouch for this

In Douglas County voucher case, Supreme Court wonders what defines a public school

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)

The Colorado Supreme Court on Wednesday churned through a list of constitutional arguments for and against the Douglas County voucher program — and any one of which could decide the fate of the choice system.

But the case could also be determined on one central question: what constitutes a public education in the 21st century.

The oral arguments centered around whether the program violates the state’s school funding and charter school laws, whether the program is designed to benefit the student or religious institutions, and whether the plaintiffs — a group of parents and taxpayers — have legal standing to challenge the program.

Justices fired questions at lawyers on both sides of the case about the role of the Colorado Department of Education, whether Colorado school districts are required to provide religious programs along with non-religious programs to students, and what role the state plays in public education.

“Is this a paradigm shift?” Chief Justice Nancy Rice asked James Lyons, the lawyer representing Douglas County schools. “Are you saying public education is just a funding mechanism? … Is all education now public [and parents] can just choose?”

“Not exactly,” Lyons answered. But, he continued, public education has undergone radical changes that the framers of the state’s constitution could not have imagined 140 years ago.

Developed after a conservative majority took control of the Douglas County School Districts Board of Education, the voucher program would allow some families in the affluent school district to use public tax dollars to pay for tuition at private schools.

If the state’s highest court agrees with an appeals court that found the voucher system is constitutional, the program, which has been put on hold since 2011, could be operational by the beginning of next school year. And it could open up the possibility that similar programs could launched across the state.

If the court sides with a trial court that found the program unconstitutional, it would be more in line with a 2004 state Supreme Court decision that halted a statewide voucher program that would have provided similar scholarships to low income families. But that case was not mentioned during Wednesday’s hearing.

Arguing for the plaintiffs, Michael McCarthy said the voucher program violated state law because it was dependent upon a charter school, created by the district solely to pass public funds to private and often religious institutions.

“The charter school is a mirage,” McCarthy said. “There are no classrooms. There is no principal. There are no textbooks. It is little more than a false front from an old western movie.”

McCarthy stressed that the program benefited the religious institutions more than the students.

He pointed to testimony from one private religious school operator who testified under oath that the only reason his school participated in the program was to collect the revenue.

But Lyons, arguing on behalf of Douglas County schools, said the charter school was a mechanism used by the district to fulfill state requirements like testing and met the legal definition of a charter school. But he said the district could fulfill those requirements in other ways.

On the question of whether public tax dollars can be used at religious institutions, lawyers for the plaintiffs said the answer is a resounding no.

But lawyers for the school district argued that because the money is given directly to parents and not the private school, the voucher system passes constitutional muster.

Lyons pointed out to the Denver Preschool Program and the Colorado Opportunity Fund as just two examples of programs that collect taxes from residents and distributes the money directly to students or their parents, who then choose which educational institution — religious or not — to give the money to.

“All of those programs would be thrown into jeopardy” if the court permanently disbands the Douglas County voucher program, Lyons said.

Lyons also said that a driving philosophy behind the program is parent choice. Choice, he said, is not only a Colorado value but also fosters competition and better schools.

Before the justices can answer the constitutionality question about the voucher program, they must first decide whether the parent organization the Taxpayers for Public Education that is behind the lawsuit can sue the state to stop the program from launching. 

“What is the injury that allows the citizens to challenge the setting up of this charter school?” Justice Gregory Hobbs asked McCarthy, the lawyer for the Taxpayers for Public Education.

He answered the program would siphon away $3 million from Douglas County schools.

Further, McCarthy argued his parents have the right to challenge the program because it appeared, based on evidence provided at the trial court, that the Colorado Department of Education, the organization tasked with regulating school finance, was working in tandem with Douglas County schools and was therefore not a viable agency to hold the district accountable.

Lyons countered parents only received 75 percent of their individual per pupil funding and that CDE was merely advising Douglas County schools and that the program was halted before the department could throughly vet and regulate the program.

It’s unknown when the court will issue its ruling, but it will likely be next year.

Weekend Reads

Need classroom decor inspiration? These educators have got you covered.

This school year, students will spend about 1,000 hours in school —making their classrooms a huge part of their learning experience.

We’re recognizing educators who’ve poured on the pizazz to make students feel welcome. From a 9th-grade “forensics lab” decked out in caution tape to a classroom stage complete with lights to get first graders pumped about public speaking, these crafty teachers have gone above and beyond to create great spaces.

Got a classroom of your own to show off? Know someone that should be on this list? Let us know!

Jaclyn Flores, First Grade Dual Language, Rochester, New York
“Having a classroom that is bright, cheerful, organized and inviting allows my students to feel pride in their classroom as well as feel welcome. My students look forward to standing on the stage to share or sitting on special chairs to dive into their learning. This space is a safe place for my students and we take pride in what it has become.”

Jasmine, Pre-K, Las Vegas, Nevada
“My classroom environment helps my students because providing calming colors and a home-like space makes them feel more comfortable in the classroom and ready to learn as first-time students!”

 

Oneika Osborne, 10th Grade Reading, Miami Southridge Senior High School, Miami, Florida
“My classroom environment invites all of my students to constantly be in a state of celebration and self-empowerment at all points of the learning process. With inspirational quotes, culturally relevant images, and an explosion of color, my classroom sets the tone for the day every single day as soon as we walk in. It is one of optimism, power, and of course glitter.”

Kristen Poindexter, Kindergarten, Spring Mill Elementary School, Indianapolis, Indiana
“I try very hard to make my classroom a place where memorable experiences happen. I use songs, finger plays, movement, and interactive activities to help cement concepts in their minds. It makes my teacher heart so happy when past students walk by my classroom and start their sentence with, “Remember when we…?”. We recently transformed our classroom into a Mad Science Lab where we investigated more about our 5 Senses.”

 

Brittany, 9th Grade Biology, Dallas, Texas
“I love my classroom environment because I teach Biology, it’s easy to relate every topic back to Forensics and real-life investigations! Mystery always gets the students going!”

 

Ms. Heaton, First Grade, Westampton, New Jersey
“As an educator, it is my goal to create a classroom environment that is positive and welcoming for students. I wanted to create a learning environment where students feel comfortable and in return stimulates student learning. A classroom is a second home for students so I wanted to ensure that the space was bright, friendly, and organized for the students to be able to use each and every day.”

D’Essence Grant, 8th Grade ELA, KIPP Houston, Houston, Texas
“Intentionally decorating my classroom was my first act of showing my students I care about them. I pride myself on building relationships with my students and them knowing I care about them inside and outside of the classroom. Taking the time to make the classroom meaningful and creative as well building a safe place for our community helps establish an effective classroom setting.”

 

Jayme Wiertzema, Elementary Art, Worthington, Minnesota
“I’m looking forward to having a CLASSROOM this year. The past two years I have taught from a cart and this year my amazing school district allowed me to have a classroom in our school that is busting at the seams! I’m so excited to use my classroom environment to inspire creativity in my students, get to know them and learn from their amazing imaginations in art class!”

 

Melissa Vecchio, 4th Grade, Queens, New York
“Since so much of a student’s time is spent inside their classroom, the environment should be neat, organized, easy to move around in but most of all positive. I love to use a theme to reinforce great behavior. I always give the students a choice in helping to design bulletin boards and desk arrangements. When they are involved they take pride in the classroom, and enjoy being there.”

moving forward

After Confederate flag dispute at Colorado football game, schools pledge to bring students together

PHOTO: Marc Piscotty
Manual High students.

Acknowledging “we may never have a conclusive picture of what happened,” two Colorado school districts sought to move past a controversy over whether a Confederate flag was displayed at a football game and open a conversation between the two school communities.

The principal of Manual High, Nick Dawkins, wrote in a community letter over the weekend that the visiting Weld Central High School team “displayed a Confederate flag during the first quarter of the (Friday night) game, offending many members of the Manual community.”

Officials from Denver Public Schools and Weld County School District Re-3J released a joint letter Tuesday saying that based “on what we have learned to date, however, the Weld Central team did not display the Confederate flag.” At the same time, it said, multiple Manual eyewitnesses “reported seeing spectators who attempted to bring a Confederate flag into the game and clothing with flag images.”

Going forward, students from the two schools — one rural and one urban — will participate in a student leadership exchange that has student leaders visit each other’s schools and communities to “share ideas and perspectives,” the letter says.

“At a time in our country when so many are divided, we want our students instead to come together, share ideas and learn together,” says the letter, which is signed by the principals of both schools and the superintendents of both school districts.

The alleged incident took place at a time when issues of race, social injustice, politics and sports are colliding in the United States, making for tough conversations, including in classrooms.

Weld Central’s mascot is a Rebel. Manual, whose mascot is the Thunderbolts, is located in one of Denver’s historically African-American neighborhoods.

Dawkins in his initial community letter also said “the tension created by the flag led to conflict on and off the playing field,” and that three Manual players were injured, including one who went to the hospital with a leg injury. He also said some Manual players reported that Weld Central players “taunted them with racial slurs.”

Weld Central officials vehemently denied that their team displayed the flag. In addition, they said in their own community letter they had “no evidence at this point that any of our student athletes displayed racially motivated inappropriate behavior.”

They said district officials “do not condone any form of racism,” including the Confederate flag.

Weld Central fans told the Greeley Tribune that they didn’t see any Confederate flag.

Read the full text below.