Category Archives: Courts

Take your hats off to those teachers union officials, they sure know how to plan ahead sometimes. The Education Intelligence Agency’s Mike Antonucci brings our attention to a PBS Newshour clip in which NEA president Dennis Van Roekel tried to respond to a question about why private educational choice works at the college level but should be rejected for K-12 students: I think post-secondary education, college and university, I think you have to put that into a different category than K-12 education, because then you’re choosing between a career or college and specialized training. That definitely makes sense. But for young children, they shouldn’t have to be bussed somewhere. It should be in their neighborhood. Huh? Giving a voucher or tax credit is bad because a kid might have to ride a bus? Antonucci presumes Van Roekel meant to say something else. Perhaps his analysis is correct. I’m not sure the Friedman Foundation will need to add this argument to its list of anti-school choice myths that need to be rebutted.

It’s been several days since I’ve had a chance to write here. The end of my spring break provided a lot of time for reflection on some issues that really have been bothering me. Now that I’ve had time to re-evaluate my well-known positions on some key education issues, I feel it is my obligation to share with you the following: When it comes to education, I’ve come to agree with Diane Ravitch that parents don’t really know what is best for kids. They should leave it all up to the experts in the classroom and the school district administration building. (I would also like to apply this logic to the question of eating vegetables, an area in which I’m now considered an expert.) As a result, I now believe this whole idea of school choice is really overblown, and actually undermines the great work professional educators do on our behalf every day. Instead of celebrating the recent Indiana Supreme Court decision, we all should be sobbing our hearts out right along with the Hoosiers fans, whose team went down hard in the Sweet 16. I’ve also made a resolution to stop spending nearly so much time praising the innovative, […]

Update, 3/27: For more perspective on the magnitude of yesterday’s court victory, read this redefinED commentary by Institute for Justice attorney Bert Gall, who argued the Indiana case. I’m feeling just a little jealous of Indiana today. Just a little now–this is Colorado after all. I’m not talking about the fact that the Hoosiers made it to the NCAA Tournament’s Sweet 16, while neither the CU Buffaloes or CSU Rams made it past their second March Madness contest. Although the results on the basketball court haven’t helped, it’s actually news from a different kind of court that gives me extra smiles today: The Friedman Foundation for Educational Choice hailed today’s ruling from the Indiana Supreme Court, which declared the state’s school voucher program constitutional. The announcement ends a nearly two-year-long review of the nation’s largest voucher initiative, for which more than half of the state’s student population qualifies. The Indiana Supreme Court upheld the program by a vote of 5-0, ruling “the voucher program expenditures do not directly benefit religious schools but rather directly benefit lower-income families with school-children by providing an opportunity for such children to attend non-public schools if desired.”

When it comes to the world of K-12 education in Colorado — you know, what keeps my little eyes busy watching — today (this week!) is all consumed in the political debates over Senate Bill 213, the big school finance overhaul tied to a billion dollar tax increase. So I invite you to follow the clever, quippy (is “quippy” a word) Eddie on Twitter today starting at 2 PM Colorado time. Or just tune into the hash tag #CoSchoolFund. At this point, I hardly know what to expect. After nearly two years of a School Finance Partnership predicated on the idea of a “Grand Bargain”, it comes down to the introduced legislation‘s first big committee hearing this afternoon. With 174 pages of legislation and billions of dollars to be allocated, you can be sure of lots of witnesses, questions, and discussion. Here are a not-so-dirty dozen questions I hope to see answered (in no particular order):

When Colorado and other states pass education reform laws, it’s important to pay attention to what problems are solved and what problems are not. As an example, Colorado’s SB 191, which passed three whole years ago, made some important changes. Effective teacher evaluations soon will be required before earning extra “due process” job protections. How well that works in practice remains to be seen. Nevertheless, the problems related to tenure live on. Last spring I brought your attention to a disturbing case in suburban metro Denver where the Adams 12 school board fired a couple of teachers for taking thousands of dollars from a fund intended for student field trips. Today the Colorado Observer reports that the state’s Court of Appeals has upheld the findings against Johnny Trujillo, removed along with his wife from their longtime positions at Northglenn Middle School for “insubordination and immorality.” Writer Sunana Batra also notes that the school district so far has paid more than $25,000 in legal fees to keep Mr. Trujillo from the classroom. Compared to some tenure cases, that’s not a lot of money. But since we also learn that he plans to challenge his case in the Colorado Supreme Court — […]

A little over a week ago I told you about the brilliant blindside hit for Alabama kids in failing schools and other school choice supporters. Not only did they sack the quarterback for a loss, but the reform team defense forced a fumble and returned it for a touchdown! Well, the coaches for the education establishment didn’t like the call, I guess. Because about the same time I posted the good news, they filed a restraining order to stop the tax credit scholarship legislation from going into effect. I don’t think true football fans would wait more than a week after the red challenge flag hit the field for the referees to make up their mind, but yesterday’s response from the Alabama Supreme Court actually came pretty quickly for the legal system.

Yesterday, some attorneys got up and argued an important case affecting K-12 education before the Colorado Supreme Court. The hearing was about an appeal of the Denver district court’s Lobato decision, previously referred to by the Denver Post as the “Super Bowl of school funding litigation.” Judge Sheila Rappaport granted judgment for the plaintiffs, contending that an additional $2 billion-plus a year would be needed to fund the K-12 system. Where the money is supposed to come from, who knows? Before the state’s highest court, the lawyer for the State of Colorado questioned one of Rappaport’s key findings: [Jonathan] Fero, an assistant attorney general, repeatedly argued that having a thorough and uniform educational system doesn’t mean creating a system where every child is equally successful.

I am going to be catching my breath all day, I’m so excited by this fantastic news from the Colorado Court of Appeals today: DENVER—The Independence Institute, Colorado’s leading pro-freedom policy voice, praised today’s decision to restore a groundbreaking school choice program previously struck down by a Denver judge. The Colorado Court of Appeals today overturns an August 2011 ruling that permanently enjoined the Douglas County Choice Scholarship Program. A majority of the three-judge panel ruled that plaintiffs “failed to carry their burden of proving the unconstitutionality of the CSP beyond a reasonable doubt” and that they lack standing to make their case. (A copy of the opinion is posted at https://bit.ly/WjOq3S.)

Since it’s Presidents Day today, it seems somewhat fitting to write about a local teachers union president seeking some limelight with a Friday lawsuit: The Douglas County Federation of Teachers filed two lawsuits Friday, alleging that the Douglas County School District illegally didn’t consider teachers for job openings after being laid off and that it wrongly eliminated a bank of sick leave days. “This is about treating teachers fairly and professionally, and acting within the law,” DCFT President Brenda Smith said in a news release. “The teachers who were downsized out of a job are veteran teachers with 60 plus years of experience between them.”

Well, a new year has come, and you favorite edublogging prodigy is back from a well-deserved break playing with Legos and wishing for more snow. Before things start to heat up again, it’s time for a little more perspective. Jay Greene guest blogger Matt Ladner sent Happy New Year’s greetings by directing our attention to Education Week writer Sean Cavanagh’s look back at 2012 school choice developments and a look ahead to what 2013 might bring. While 2011 certainly qualified for its Year of School Choice designation, the year that just passed was more of a mixed bag. Should even an idealistic 5-year-old be surprised that the tremendous momentum couldn’t be completely sustained, and that progress also entails challenges? Still, most of the trends Cavanagh cites are positive, including: