Category Archives: Courts

While I sit and wait and tap my feet for some word on the appeal of the Douglas County choice scholarship injunction, here’s some important good news for you. A very similar statewide program enacted last year in the Hoosier State has been upheld in a January 13 decision: A Marion County judge ruled Friday that Indiana’s school voucher program is constitutional. However, those who oppose the program say they’ll appeal his decision. The vouchers, approved by General Assembly last spring, redirect money from public schools to help offset private-school tuition for students in low- and middle-income families. Of course, the union and other anti-choice groups will appeal. That’s just the way it’s done. But it’s a big win for the good guys, coming five months after the same judge blocked an initial request to put the program on the same sort of injunction as the one holding back Douglas County families.

Talk about making an important decision before Christmas AND the big snowstorm that hit the Denver area and the foothills. Yesterday morning Governor John Hickenlooper announced that he will appeal the outrageous school finance ruling in Lobato v State: “…a final resolution of the constitutional and legal issues involved in the case require an appeal to the Colorado Supreme Court. “The judge’s decision provided little practical guidance on how the state should fund a ‘thorough and uniform’ system of public education. Moreover, while the judge focused on the inadequacy of state funding, she did not reconcile this issue with other very relevant provisions of the Constitution, including the Taxpayer’s Bill of Rights, the Gallagher Amendment and Amendment 23….” Along these same lines, UCCS political scientist Joshua Dunn even more strongly pointed out on a recent iVoices podcast that Judge Rappaport’s ruling uniquely demonstrated “an absolute contempt for the constitution” by openly stating she could ignore those important constitutional provisions. In comments for a School Reform News story written by my Education Policy Center friend Ben DeGrow and released on Tuesday, Dunn made a couple other key observations, including:

Earlier this year Arizona broke down another barrier in the ongoing struggle for educational freedom by enacting the revolutionary “Empowerment Savings Accounts” for special-need students: The state will deposit 90 percent of the student’s funds into an account parents can use for a variety of educational expenditures, including textbooks, therapy services, tutoring, and even tuition for alternative or online schools. Not only does the money follow the student to serve their educational needs as the family chooses, but the families are encouraged to be wise consumers by the fact they can save money in their ESA from year to year. Any money left over at the end of high school can be used toward college expenses. Who wouldn’t like that?

Pretty much nobody is in school today, as we all gear up for the big turkey feast tomorrow. As my parents constantly remind me, the fourth Thursday in November is about more than food and football. Yes, Thanksgiving is about giving thanks. While I could gratefully mention the standard fare — family, friends (like those big people in the Education Policy Center), freedom, our big screen TV, and my growing (ahem!) Legos collection — more fitting for the blog are seven things to be thankful for in Colorado K-12 education:

I’ve been told (no, really, I have!) that for a little kid blogging about education policy, I have a lot of appeal. Embarrassing: at first I thought it had something to do with bananas. But you know I was so much younger then. Anyway, I don’t want you to slip up before I get to the main point of my post for today. It’s about a different kind of appeal, one I knew had to be coming but am so glad to see it finally happen. I’m talking about an appeal of last month’s sad district court decision to shut down the Douglas County Choice Scholarship Program. Last Thursday, September 8, the paperwork was delivered to the Colorado Court of Appeals. First, from an Institute for Justice press release: “We are confident that the Court of Appeals will correct the trial court’s decision, which ignored or attempted to rationalize away existing Colorado and U.S. Supreme Court precedent that clearly authorizes the scholarship program,” said Michael Bindas, a senior attorney with the Institute for Justice, which represents the Oakley, Doyle and Anderson families in defending the Choice Scholarship Program.

Was it really less than three weeks ago I wondered aloud about the pending school choice rulings here in Colorado and in Indiana? While a Denver District Court judge put a (temporary) halt to the Douglas County Choice Scholarship Program, a few days later Hoosier families celebrated a better result. Today Associated Press writer Tom Coyne highlights the Indiana program’s early popularity (H/T Adam Emerson): Under a law signed in May by Gov. Mitch Daniels, more than 3,200 Indiana students are receiving vouchers to attend private schools. That number is expected to climb significantly in the next two years as awareness of the program increases and limits on the number of applicants are lifted…. Until Indiana started its program, most voucher systems were limited to poor students, those in failing schools or those with special needs. But Indiana’s is significantly larger, offering money to students from middle-class homes and solid school districts. [emphasis added]

It’s been a couple weeks since I chimed in on Colorado’s Lobato school funding trial — in particular on the dubious $115,000 taxpayer-underwritten study proclaiming that our state’s K-12 education system is inadequately funded. Well, believe it or not, the District Court hearing is still going on. After the case seemingly has dropped off most of the local media’s radar, Ed News Colorado’s Todd Engdahl continues the fine work of providing daily updates from the courtroom, including the latest: “There’s no consistent relationship between school resources and school achievement,” Hoover Institution scholar Eric Hanushek testified Thursday in the Lobato v. State school funding case. Hanushek, a nationally known researcher on the economics of education, is the key expert witness for the state as it seeks to counter the plaintiffs’ claim that Colorado’s school funding system doesn’t adequately meet the education requirements of the state constitution. Questioned by Senior Assistant Attorney General Carey Markel, Hanushek added, “Money certainly matters; you can’t run a school without money.” But, he added, “How you spend money is more important than how much … In general, you can’t expect any large achievement gains without changing the way you spend.”

My Education Policy Center friends told you the judge’s decision last Friday to put the brakes on the Douglas County Choice Scholarship Program would create a lot of chaos for families. That’s the question of the hour: What are the more than 300 students who had received scholarships (and some had already started schools) going to do? Just like families make different choices based on their students’ educational needs, so many of their fallback scenarios will be different. FOX 31 News highlights one Castle Rock family: Two of Becky Barnes’ kids were enrolled in the voucher program. Now unable to pay their private school tuition she is working hard to get them enrolled in public schools. Her first grader will go back to the neighborhood school. Her 7th grader will attend cyber school. Other families are choosing to stay at their private school and pay the tuition. Becky Barnes is one of three parents whose emergency education plans were documented today in an article by Karin Piper. Another parent was Diana Oakley, mother of Nate Oakley, for whom things seem to be working out at least for now:

You thought I was going crazy yesterday waiting for a ruling on the Douglas County Choice Scholarship injunction request? Another day, and it isn’t getting any better. We have been promised Judge Martinez will issue a ruling this week, so at the most I should only have another day or so to hold out. But you know what? Colorado isn’t the only place where people are currently waiting for a judicial decision on a “Choice Scholarship Program.” This news comes today from the Northwest Indiana Times: A Marion County judge is set to rule next week on whether Indiana’s new school voucher program passes constitutional muster.

Welcome to Week 2 of 5 in Colorado’s ongoing school finance adequacy lawsuit, familiarly known as Lobato v State, or just the Lobato case. A report this morning from Ed News Colorado’s Todd Engdahl highlighted some of Monday’s key plaintiff testimony: One of the main plaintiffs’ witnesses in the Lobato v. State school funding lawsuit testified Monday that his study projects Colorado needs to spent $10.3 billion a year on K-12 schools, an increase of $3.6 billion. Justin Silverstein is vice president of Augenblick, Palaich and Associates, a Denver-based research and consulting firm that produced a 96-page study projecting the funding Colorado school districts would need to support the demands of state requirements such as new content standards, tests and teacher evaluation systems. The firm was paid $115,000 by the plaintiffs for the study. [link added] I think I just overheard one of my Education Policy Center friends ask where they could get $115,000 to conduct a study and write a report. But I digress. Anyway, the lead sentence of that story caused me to do a little back-of-the-envelope math. $10.3 billion minus $3.6 billion = $6.7 billion. Diving deep into the murky waters of school funding statistics — where […]