school choice battle

Douglas County School District to appeal voucher case to U.S. Supreme Court

Douglas County school board president Kevin Larsen, left, and board member Craig Richardson. ( Photo by Nicholas Garcia )

Two months after Colorado’s highest court rejected the Douglas County School District’s controversial school voucher program, officials in the wealthy, high-achieving suburban district announced Wednesday they will ask the U.S. Supreme Court to consider the case.

The district also gained a key ally in the Colorado Attorney General’s Office, which will be filing its own petition backing the district’s Choice Scholarship Program, district officials said.

The district’s move is not a surprise. District leaders all but promised to take the step after the Colorado Supreme Court held in a 4-3 judgment June 29 that the program violated a state constitutional provision barring spending public money on religious schools.

District officials also followed through on their pledge to enlist elite legal help, announcing their team would be headlined by Paul Clement, a former U.S. solicitor general who has been mentioned as a potential Republican appointee to the U.S. Supreme Court.

The AG’s office signing on is another boost to the district. After the state Supreme Court ruling, Republican AG Cynthia Coffman issued a statement lamenting districts “now have one fewer tool to support parents in choosing the education that best fits their children’s needs.” A spokesman for the AG said the office would not be issuing any statements Wednesday commenting on its involvement in the Dougco case.

“When the Colorado Supreme Court’s opinion was announced in late June, we promised a careful, thorough and rigorous legal analysis to determine our next steps,” school board president Kevin Larsen said in a statement. “Today we announce that we will be seeking U.S. Supreme Court review of our case. To achieve that end, we have retained the very best legal minds in the country to make our argument that the June 29 opinion runs afoul of the United States Constitution.”

Mixed legal results on vouchers

Just about every program nationwide that uses public money to subsidize private education has been tested in court, with mixed results but the majority surviving, analysts say. Framers of the Dougco pilot program modeled it on an Ohio voucher program that weathered a U.S. Supreme Court challenge.

Legal experts disagree on whether the nation’s highest court will take the Douglas County case. Some say it’s unlikely the court would wade into a case brought solely on a state constitutional matter. Others argue the anti-Catholic roots of Colorado’s law – similar to those in more than 35 other states – and other issues make it a strong candidate and could plow new ground beyond traditional arguments over the First Amendment.

The district has signaled it will argue that prejudiced history taints the law enough that it violates the 14th Amendment’s equal protection clause. Opponents of the voucher program point to precedent holding that state courts can interpret their own constitutions to recognize broader rights than what might be afforded under the U.S. Constitution.

The involvement of Clement — who as U.S. solicitor general from 2005 to 2008 represented the federal government in U.S. Supreme Court arguments — is another wrinkle.

Larsen said Clement will be supported by a “dream team” of lawyers involved in the state court proceedings and scholars from “the highest ranking law schools in America.”

Alan Chen, a constitutional law expert at the University of Denver’s Strum College of Law, said Wednesday he does not believe the Colorado Attorney General’s Office involvement will factor in whether the court takes the case. While crediting Clement’s stature and experience, Chen said he remains skeptical the court will grant the review because the case is built entirely on state constitutional law.

Mark Silverstein, legal director for the ACLU of Colorado, which represented most of the individual plaintiffs, noted that the Attorney General’s office has been involved from the beginning. The State Board of Education was one of the defendants and was represented by the AG’s office.

Silverstein said he “wants to see what they write and how they frame the issue” in the petition to the Supreme Court before commenting further.

An unorthodox voucher program

The Dougco voucher case has endured a long and bumpy road. The district established the Choice Scholarship Program in 2011 after a conservative takeover of the school board, reasoning that competition can lift all schools even in a district consistently ranked as one of the state’s top academic achievers.

While most voucher programs are restricted to low-income students or those with special needs, Douglas County invited all families to apply — although the program was limited to 500 slots. Sixteen of the 23 participating private schools were religious; 14 were outside the county.

Highlands Ranch High School science teacher Bob MacArthur leads a class discussion May 16 on propaganda art. His ninth grade science class was asked to design a propaganda poster in support of an energy source they have been studying.
Highlands Ranch High School science teacher Bob MacArthur leads a class discussion May 16 on propaganda art. His ninth grade science class was asked to design a propaganda poster in support of an energy source they have been studying.

In 2011, the first 304 students were about to enroll when a lawsuit brought it to a halt. Voucher opponents prevailed in Denver District Court. But in 2013, the Colorado Court of Appeals upheld the program’s constitutionality in a 2-1 vote, setting the stage for state Supreme Court arguments.

In the prevailing opinion, Supreme Court Chief Justice Nancy Rice cited Colorado’s “stark constitutional provision” forbidding the use of public money to fund religious schools. Although the money came in the form of financial aid to students, the prohibition is not limited to direct funding, she wrote.

School board member Craig Richardson said in an interview the decision to continue the legal fight is consistent with the district’s “broader strategic vision of freedom.” That, he said, includes empowering parents to choose their children’s schools and extends to the district’s teacher pay-for-performance system.

“The district is proceeding because it’s good for the Douglas County School District to proceed,” Richardson said.

District looking at proceeding with secular schools

He said the district has yet to complete a separate legal review of whether it can move ahead with the voucher program with changes. The district previously floated the possibility of revamping the program as early as this fall, but ran out of time before the school year began.

One question the district is evaluating, Richardson said, is whether moving forward only with secular private schools would meet the legal parameters of the state Supreme Court ruling. Given that most students chose to enroll in religious schools, it’s unclear how much appeal that would hold.

The decision to petition the high court – and assemble the high-powered legal team — also will send legal costs soaring beyond the $1.2 million the district already has reported. District officials say private donations have covered all costs.

“We continue to have as our goal that all legal costs associated with this case will be funded with the generous contributions of private donors who similarly believe in choice and competition in K-12 education and are not affiliated with any religious institutions,” Richardson said. “We strongly believe this is not a cause to which we want to put taxpayer dollars.”

The district faces a deadline at the end of September to ask for a U.S. Supreme Court review. Richardson said the district plans to ask for a month’s extension to file but will move forward even if that is denied.

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.