Category Archives: Courts

Sometimes even shameful things can work out for good, with good people working hard to make sure kids can keep the quality education options they have received through school choice. In Arizona, thankfully they worked very quickly. Things went awry on March 25, when the Arizona Supreme Court ruled on a shameful lawsuit by shutting down two voucher programs that served special-needs and foster care kids. Even then, though, as my Education Policy Center friend Ben DeGrow reported for School Reform News, there was a ray of light: [Executive director of the Arizona chapter of the Institute for Justice Tim] Keller said that remains a possibility in Arizona, where it could be accomplished by popular vote either through a legislatively initiated referendum or a citizens’ petition drive. “Right now, every conceivable legal option is still on the table,” he said. Fast forward 65 days to this monumental press release from the Alliance for School Choice:

Before they’re scheduled to adjourn the session sometime next week, the legislators at the Colorado State Capitol still have some decisions to make on key education bills. But one bad idea has popped up at the last minute that you ought to know about. Four weeks ago sponsoring Democrat lawmakers included in the original version of the School Finance Act a provision to punish “sore losers” — voters in school districts that opt to restore taxpayer protections usurped by the Colorado Supreme Court. In other words, if approved by the legislature and signed by the governor, the state would stop backfilling funds to districts that opt out of ratcheting increased local school property taxes. The provision was amended out of the School Finance Act to avoid the controversy. But the issue returned as Senate Bill 291 (PDF), passed on a party-line vote out of the Senate Education Committee, and now is being considered by the full senate. It will be interesting to see how the votes shake out. For many, the “local control” doctrine in the state constitution is a convenient mantra selectively used to support certain education policies and not to support others. If anyone in the legislature really […]

This morning brings an important committee hearing at the State Capitol, as the Democrats in charge try to speed through some serious changes to the School Finance Act: Legislators and lobbyists Tuesday were hurriedly conferring about and drafting possible amendments to Senate Bill 09-256, the 2008-09 school finance bill that was introduced Monday. The bill currently is scheduled to be heard in the Senate Education Committee on Wednesday, considered on the Senate floor Thursday and is set for final passage on Friday. That leaves little time for crafting language for a complex bill that takes several new directions with the overall goal of funneling more money to at-risk students and polishing up Colorado’s chances to win competitive federal stimulus grants for education innovation. [Link to bill PDF added] Very little time has been given to analysis of this proposal thus far, so I can’t comment much yet. It does look like some innovative proposals may be included, but then as the Denver Post‘s Jessica Fender reports, something bad could be in store for certain school districts that want to honor taxpayer protections — if House Democrats get their way:

Update: State Board member Peggy Littleton also weighed in (see below) When I asked my teacher, she told me that judges are supposed to interpret the law — not just make up stuff. (Which is something I tend to do after eating the last two chocolate chip cookies from the jar.) So I was a little confused and disappointed when I saw what went down a couple days ago at the Colorado Supreme Court. Independence Institute president Jon Caldara and the Denver Post‘s Vincent Carroll are among many who have highlighted flaws in the court’s judgment. They’re right — the ruling seems to say taxpayer protections in the state constitution don’t mean much when the issue at stake supposedly is “for the children”. I know it’s really not my fault, but being a kid, whenever I’m used for unsavory political purposes — well, I feel a little guilty about it. That guilt led me to get my Education Policy Center friends to ask the opinions of some other important people about this supreme court decision: namely, members of the Colorado State Board of Education. Interestingly, the State Board was the original defendant in this lawsuit led by the Independence Institute […]

So I just started cooling down a bit from yesterday (I assure you, no Legos were thrown … at least not directly at anybody). Then I watched this Fox News clip about the U.S. Senate trying to take away vouchers from people like Mercedes Campbell (H/T Edspresso): That Glenn Beck guy? I can tell he feels like I do. Jeanne Allen explains what’s at stake so eloquently. And then I’m just left feeling bad for Mercedes and the 1,700 other kids in Washington, D.C., whose scholarships are at stake. Are you outraged yet, too? After taking a couple deep breaths, I had to go around and look for some good news, and found this: “Appeals Court Rules School Choice Program is Constitutional”. At least the 1,947 kids benefiting from Arizona’s corporate tax credit program have won a victory. And I don’t have to consider throwing Legos at any judges. That could probably get me in trouble, anyway.

It’s easy for those who have secured the benefits of educational freedom to take them for granted. That’s especially true in the case of homeschooling, as parents in New Hampshire have responded to a bill that would restrict their rights: The legislation has angered many home schoolers who showed up in record numbers when the bill was being debated in Concord. “There were about a thousand home schoolers there. It was a record-breaking crowd, never been that many home schoolers,” the [Home School Legal Defense Association’s Mike] Donnelly notes. “In fact some of the people at the state house said that they’ve never seen such a large crowd inside ever.” It’s encouraging to see so many Granite State homeschoolers rallying to action. If what’s going on across the country doesn’t wake up and make Colorado homeschoolers vigilant, then maybe a refreshing and comprehensive look at the history of securing parental rights in this arena will. My Education Policy Center friend Marya DeGrow has written a simply awesome new issue paper called Colorado’s Homeschool Law Turns Twenty: The Battle Should Never Be Forgotten (PDF). Two decades ago, after numerous legal battles and legislative battles and struggles with local and state education […]

The Boulder Valley school board doesn’t seem to be learning too quickly. As the Boulder Daily Camera reports, at least they have put off their decision to waste more taxpayer money by continuing their lawsuit against educational opportunity through the state’s charter school authority. But they’re not making many winning arguments to justify their past actions, either. My Education Policy Center friend Pam Benigno was quoted in the story: Pam Benigno, director of the Independence Institute’s Education Policy Center, said Boulder Valley leaders should be held accountable for their “waste of taxpayer money.” “I’m a strong supporter of school choice,” Benigno said. “Families should have as many options as possible, and the state charter institute is a good idea for Colorado.”

Yesterday provided great news for Colorado families who live in school districts unfriendly to certain public education options. The Charter School Institute, a state body created by the legislature in 2004 as another way to authorize charter schools, secured an important legal victory. From a press release in the Attorney General’s office: Colorado Attorney General John Suthers praised a decision by the Colorado Court of Appeals today that upheld the constitutionality of the Colorado Charter Schools Act. The case centers on Boulder Valley School District’s claim that the General Assembly does not have constitutional authority to create and fund charter schools that are not controlled by local school boards.

Okay, the year is almost over. And you won’t see me writing anything here between now and 2009. So I thought it a good idea to close out 2008 with a post that has some good news. In yesterday’s Rocky Mountain News, Berny Morson reported on a Colorado court decision that almost got completely overlooked. But it definitely is good news: School districts must apply the same funding rules to charter schools as they do other schools, the Colorado Court of Appeals has held in a Fort Collins case. At issue is a provision inserted by the Poudre R-1 school board in the contract that governs the Ridgeview Classical Schools, a charter school. The provision allowed the district to reduce financial support to Ridgeview when students transfer out. [link added] Basic and simple fairness, right? Students should benefit from the same funding rules whether they are in a traditional public school or a public charter school. Either it’s a good idea to take funds away from a school when a student transfers after the fall attendance count, or it’s not. It shouldn’t be a good idea for charters and a bad idea for others, or vice versa.

It’s a few days before Christmas, and school is out. Students and teachers are supposed to be home, getting ready for the best holiday of the year. But what about when students and teachers are home when they’re not supposed to be? No, I’m not talking about those fun snow days. I’m talking about teacher strikes. The Wall Street Journal has an editorial today about one state where the problem of teacher strikes is rampant: Teachers unions routinely claim that the interests of students are their top priority. So we would be interested to hear how the Pennsylvania affiliate of the National Education Association explains the proliferation of teacher walkouts in the middle of the school year. According to a recent study by the Allegheny Institute, Pennsylvania is once again the worst state in the country for teacher strikes. No less than 42% of all teacher walkouts nationwide occur in the Keystone State, leaving kids sidelined and parents scrambling to juggle work and family, potentially on as little as 48 hours notice required by state law. The strikes take place despite the state’s ranking in the top 20% nationwide for teacher salaries in 2006-2007 — the most recent data available […]