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have argued that such constitutional prohibitions, known as Blaine Amendments, are rooted in Catholic bigotry and are outdated.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. 

breaking

A student is in custody after Noblesville West Middle School shooting that injured another student and teacher

Police asses the scene outside Noblesville High School after a shooting at Noblesville West Middle School on May 25, 2018 (Photo by Kevin Moloney/Getty Images)

A male student shot and injured a teacher and another student at Noblesville West Middle School on Friday morning, police said.

Noblesville police Chief Kevin Jowitt said the shooting suspect asked to leave a class and returned armed with two handguns. The suspect, who police said appeared to be uninjured, is in custody and has not been identified by police.

The teacher, 29-year-old Jason Seaman, was in “good” condition Friday evening at Indiana University Health Methodist Hospital, police said. The female student, who was not identified by police, was in critical condition at Riley Hospital for Children.

News outlets were reporting that Seaman intervened to stop the shooter, but authorities said they could not confirm that on Friday afternoon.

The Noblesville Police Department has a full-time school resource officer assigned to the school who responded to the incident, Jowitt said. Local, state, and federal law enforcement agencies also responded to the shooting.

“We do know that the situation resolved extremely quickly,” Jowitt said. “We don’t know what happened in the classroom, so I can’t make any kinds of comments about what [the resource officer’s] involvement was.”

Students were evacuated to Noblesville High School on Friday morning, where families met them.

Jowitt said an additional threat was made at the high school, but they had “no reason to believe it’s anything other than a communicated threat.”

Police continue to investigate. They said they do not believe there are additional suspects. Noblesville Police spokesman Bruce Barnes could not say how the student acquired the guns, but he said search warrants have been issued.

Noblesville West Middle School enrolls about 1,300 students. Noblesville is a suburb of Indianapolis, about 20 miles north in Hamilton County. The district has about 10,500 students.

The frenzied scenes Friday outside the school have become sadly familiar. Already, there have been 23 school shootings in 2018 that involved someone being injured or killed, according to media tallies.

Just last week, 10 people were killed and 13 others were injured in a shooting at Santa Fe High School outside Houston. A student at the school has been arrested and charged.

In February, 17 people — 14 students and three staff — were shot and killed at Marjory Stoneman Douglas High School in Parkland, Florida, and a 19-year-old faces multiple charges.  The Parkland tragedy set off a wave of student activism across the country — including in Indianapolis — calling for stricter gun control.

“We’ve had these shootings around the country,” said Noblesville Mayor John Ditslear. “You just never think it could happen in Noblesville, Indiana. But it did.”

Noblesville Schools Superintendent Beth Niedermeyer praised the “heroic” efforts of school staff and students, saying they followed their training on how to react to an active shooter situation.

Barnes also hinted at the broader trauma that school shootings can have on students and communities.

“We ask for your prayers for the victims in this case,” he said. “I think that would include a lot of kids, not only ones that were truly the victims in this case, but all these other kids that are trying to make sense of this situation.”

Watch the press conference:


A Chalkbeat reporter is on the scene:

In a pattern that has become routine, Democratic and Republican politicians offered prayers on Twitter.

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.”