Tag Archives: Courts

Most of you probably remember that there’s sort of a thing going on in Thompson School District. Okay, maybe that’s a bit of an understatement. In actuality, Thompson now stands alongside Jefferson County as ground zero for one of the most important education battles in Colorado. More specifically, Thompson has been engaged in an ugly fight with the Thompson Education Association, backed heavily by legal support from the Colorado Education Association, over the reform-minded board majority’s decision not to accept two junky tentative collective bargaining agreements. At the center of that fight is an incredibly important question: Can locally elected school boards be forced to accept union contracts with which they disagree? The issue has drawn significant attention from around the state, including an editorial from the Denver Post supporting local school boards’ ability to make judgment calls under Colorado law. It has also resulted in a flabbergastingly awful non-binding arbitration report and, more recently, an unprecedented injunction ruling that forces the district to abide by the 2014-15 collective bargaining agreement—an agreement that the board has rejected in one form or another three separate times. The board majority isn’t giving up, though. Last night, a 4-3 vote gave the district’s […]

This year has been a big year for school choice, and a decidedly bad year for teachers unions. First, a red tidal wave surged across the country in the 2014 elections despite record union spending in an effort to stop it. Then, the school choice aftershocks started. Alabama became America’s 43rd charter state, Nevada passed a very strong scholarship tax credit program that was subsequently signed into law, and Arkansas said yes to a new voucher program for special needs kids. To round things out, Montana took a step in the right direction by passing a small school choice pilot program. Wow! We recently talked about the NEA president’s recent comment that education policy should be left “… where it belongs: The legislature.” As I highlighted then, this is an interesting statement given a number of union-led legal attacks on school choice programs around the country (including Douglas County). I cynically posited then that I suspected the unions would challenge policies they don’t like anywhere they can win. As it turns out, they may not be able to win anywhere at all.

I don’t want to write about the teachers union today. I already did that this week, and it resulted in a whole bunch of grownups calling me and my friend Ross Izard ugly names. When I told Ross, he just laughed and said “If you’re catching flak, you’re over the target.” I don’t really know what that means, but I know I don’t like meanies. Besides, I’d much rather write about the fact that the top schools in Denver are charters, or a weird math thing called Simpson’s Paradox and how it relates to the recent release of NAEP social studies scores. Even better, I’d like to just post a video of a dinosaur and leave it at that. Unfortunately those things aren’t in the cards (today). My friend Jason Bedrick caught my attention with a tweet too fantastic to ignore this morning: Fine. We’ll talk about unions again. I have no choice if they’re going to make it this easy.

Exactly what role should unelected judges play in making policies for our schools? What problems have been created? What can we expect in the future? These are the kinds of questions that University of Colorado at Colorado Springs professor Joshua Dunn addresses in a new iVoices podcast with my Education Policy Center friend Ben DeGrow (click the play button below to listen to the 15-minute discussion): The podcast only scratches the surface on the issue of the courts and education policy, because Joshua Dunn really knows what he’s talking about. Along with Martin West, he edited an important new book on the topic called From Schoolhouse to Courthouse — published by the Brookings Institution Press and Thomas B. Fordham Institute.

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 […]