Tag Archives: appeal

Two weeks ago, I expressed my ambivalence toward the courts (again) while talking about a creative workaround for a Washington Supreme Court decision declaring charter schools unconstitutional. I then mistakenly allowed myself to believe we would be free of legal discussions for a while. No such luck. And this time, stuff’s complicated. Last week, a California Court of Appeals panel overturned the now-famous Vergara v. California ruling. For those who don’t remember, this ruling struck down California’s teacher tenure statute along with other seniority-based policies like the state’s last-in-first-out (LIFO) dismissal policy, which paid no heed to effectiveness. Why? Because the court determined that those policies disproportionately harm low-income and minority students, thereby violating the California Constitution’s requirement that the state provide a “meaningful, basically equal educational opportunity” to all students. A raft of evidence presented by the plaintiffs—a groups of students—and their attorneys showed that seniority-based personnel policies, and especially policies like tenure that make it nearly impossible to let ineffective teachers go, are bad ideas.

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.”

My friends in the Education Policy Center never quit. They have good new ideas all the time. The latest is the site GoBash (“The Good, The Bad, and The Shameful”): The purpose of the site is to raise public awareness of influential figures who either support or oppose needed reforms of a public education system that has failed thousands of children. The first posting there takes a little different angle on the recent Colorado court victory for parents and charter schools I wrote about last Friday. GoBash files an open letter with the Boulder Valley school board: Just how much of the taxpayers’ money did you spend in your lawsuit against the State Charter School Institute? You lost the suit in district court but appealed to the Colorado Court of Appeals, costing not only the school district but the state more money. All to deny families more educational choice and opportunity. Thankfully, the appeals court justices had the good sense to uphold the district court’s decision. Shame on you, Boulder Valley School District! Agreed. Since GoBash filed its open letter, the Boulder Daily Camera reports that school board members are meeting tonight to decide whether to appeal the lawsuit and […]

I know, I know. Yesterday there was this big election, and some things happened that will have an impact on education reform in Colorado. I’m going to let you know more about that a little later. For now, regardless of winners and losers at the ballot box, there are real threats to face – like school officials who won’t give up on using the courts to wrest control and choice from parents: The Charter School Act was passed by the then-Republican controlled General Assembly in 2004 to meet a growing demand for charter schools statewide. The legislation established the Charter School Institute, which provides oversight and funding to state charter schools. Over the last four years, the Boulder Valley School District has consistently tried to tear down the law by challenging its constitutionality. The district says the law takes away its constitutional right to govern schools operating within its boundaries. Provisions in the state constitution allow school districts local control on education policy. This particular complaint was first heard in district court with two other similar cases brought forth by Adams County School District 50 and the Poudre School District. However, when all three complaints were shot down in December […]