Advisory Committee to the U.S. Commission on Civil Rights Releases Report on Colorado’s Blaine Clauses
A newly released report entitled “The Colorado Constitution’s No Aid To Sectarian Institutions Clause and its Impact on Civil Rights,” examines the origins of the Colorado Constitution’s No Aid Clause (known as Blaine Amendments), and the historical and modern applications.
The report was authored by members of the Colorado Advisory Committee to the U.S. Civil Rights Commission. Independence Institute’s Research Director, David Kopel, serves on the committee as the Vice-Chair.
Nineteenth century Blaine clauses banned public dollars from supporting sectarian-religious organizations which society viewed unfavorably, including Catholicism, Judaism, Mormonism, and Islam. Mainstream Protestant denominations were not considered to be sectarian.
The report details how the clause impacts civil rights in education, students with disabilities, higher education scholarships, and lists eight state-funded voucher-like programs that provide funding for programs at religious institutions.
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Adults Sometimes don’t Play Nice
Just last week, the newly elected Douglas County school board voted to officially abolish the district’s innovative school voucher program. Consequently, the district will also be rescinding its involvement in the Supreme Court case that will determine the constitutionality of voucher programs here in Colorado. Ross Izard, the senior fellow of the Independence Institute Education Policy Center and a noteworthy supporter of the “choice” defendants of the DougCo case, wrote an affecting op-ed titled A suburban school board just set back educational opportunity for all Americans that was published in The Hill and describes the consequences of removing the groundbreaking voucher program from Douglas County. Douglas County’s voucher program has long been in the spotlight– the constitutionality of Blaine Amendments was originally questioned and brought to court in 2011. Since then it has been a divisive debate, especially so in this year’s school board election. Other events, such as the role Betsy DeVos in school choice, have additionally stoked the fire of the school voucher debate, putting the DougCo decision on a national stage. Following the results of the election, the union backed, anti-school choice board members have dictated the end of a unique program that had the potential to bring improved […]
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Union Wins Bragging Rights
The Douglas County School Board election results were disappointing: The union backed, anti-reform slate of candidates won with the help of a last minute, 300,000-dollar push by the American Federation of Teachers (AFT). Douglas County’s unique district funded school-voucher program will likely, but not certainly, end. Pam Benigno, the director of the Education Policy Center at the Independence Institute, elaborated on the results of the election in The Denver Post, stating that: “No doubt they [the union backed slate] will end the [Choice Scholarship] program and no longer defend it through the court system. No doubt the union’s prize for winning the election will be a collective bargaining agreement and national bragging rights that they killed the nation’s first local school board voucher program.” While strong union involvement was an important factor in the election, the union backed candidates were also able to capitalize on the current political environment. The Trump/DeVos hysteria, when paired with the recent criticism of charter schools by groups such as the ACLU and NAACP, has created political turmoil that has masked the success of school choice programs across the county. These forces have created uncertainty about the legitimacy of charter schools, and reintroduced the stale […]
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History! Blaine's Shadow Tells an Important Story
James G. Blaine. You’ve heard that name before, right? Of course you have. I’ve written about Congressman Blaine a number of times, usually in the context of Douglas County’s ongoing legal battle against so-called “Blaine Amendments” through its first-of-its-kind local voucher program. Or maybe I should say programs (plural), as the district’s other voucher program made things pretty complicated for a while before a debatable court decision and a new decision by the board put an end to most of the legal craziness. But while we’ve talked a fair amount about Blaine and the state constitutional clauses named after him, I’m not sure we’ve ever really known the full story. There’s a lot of important history and drama and politics buried behind the simple narrative that most folks just don’t know. Ross Izard, my favorite policy nerd, set out to tell that story—and to explain why it matters from a constitutional perspective—in his most recent issue paper, Blaine’s Shadow: Politics, Discrimination, and School Choice.
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What Might Gorsuch Mean for Education?
President Trump has always been a wild card. It’s been very hard to say what he would or would not do—and in some ways it still is. But one of the central promises of his campaign was that he would nominate a great justice to replace Justice Antonin Scalia, who died tragically almost exactly year ago. To his credit, he has kept that promise by selecting Neil Gorsuch to fill Scalia’s empty seat. Education is still a bit of a question mark when it comes to the Trump administration. There have been all sorts of rumors and ideas floating around, but none has yet coalesced into a cohesive vision of how the federal government will interact with K-12 education. The crystal ball is further clouded by Betsy DeVos’s sharply contested nomination to head the U.S. Department of Education. It’s been sad to watch the conversation about DeVos, a lifelong philanthropist who has donated her time and money to increasing opportunities for those who need them, devolve into a shouting match that sidesteps reality and avoids real conversations about what DeVos should or shouldn’t do should she be confirmed. As Rich Lowry wrote for National Review, “We now know that working […]
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A Field Trip to Aspen View Academy
It’s almost Thanksgiving! Everyone is slowly starting to unwind from the last few weeks of frantic activity. Most are preparing to stuff themselves silly with turkey and dressing and mashed potatoes and pumpkin pie and many, many other delicious treats. But Thanksgiving isn’t just a time to test how much food the human stomach can hold. It’s also a time to reflect on the things you’re thankful for. Of course, all the usual suspects are on my list—friends, family, plenty of food, light-up shoes, Juicy Fruit gum, etc. But as an education guy, I’m also incredibly thankful for all the talented educators who wake up every day and go to work for the next generation of Colorado citizens. With that in mind, and because we haven’t been on a school field trip for a while, I thought today might be a good day to spotlight the work some of these educators are doing at Aspen View Academy in Castle Rock. I went to Aspen View a couple of weeks ago to chat with the charter school’s principal, Jason Edwards, about the school and its work in Douglas County. It was an awesome trip!
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Another Friday, Another Goodbye, and a Big Opportunity
I hate goodbyes, especially when I have to issue them back to back to people who I think have done good work. Late last week, we talked a little about Commissioner Rich Crandall’s abrupt decision to resign from his position after only a few months on the job. Now we’re saying goodbye to Douglas County’s stalwart superintendent, Dr. Liz Fagen. Dr. Fagen has been with Douglas County for six years. That’s a pretty good run if you consider that the typical tenure of a superintendent is only about three years—and that’s in districts far less venomous and politically charged than Douglas County. While there is research out there finding that superintendents are not the biggest influences on district performance (see the study linked in the prior sentence), no one can argue with the fact that Dr. Fagen has overseen some dramatic and successful changes in Douglas County.
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Turning Over a New Leaf: Better Turnover Figures Make Me Smile
There are a lot of exciting days every year. Christmas, Easter, snow days, and my birthday all spring to mind immediately. But for education nerds, there’s no day more exciting than New Numbers Day. Today, my friends, is that day. Okay, New Numbers Day was technically April 7, when the Colorado Department of Education released brand-new, more accurate teacher turnover numbers for school districts across the state. But we’re going to talk about it today, and one of the benefits of entirely made-up holidays is that you can have them whenever you want. So there. Regular readers of my diatribes will remember that I am not a fan of the way CDE has reported teacher turnover in the past. Why? Because the Department included a whole bunch of stuff that created an inaccurate picture of actual turnover in school districts. More specifically, the state’s old calculations included teachers leaving after riding out their final year of employment under PERA’s 110/110 program, the ones scooped up as additional losses due to differences in reporting timeframes between the district and the state, those on single-year contracts, and others who were promoted or moved to non-teaching positions in the district. That last part […]
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Dougco Restarts Its Voucher Program, Minus Religious Schools
Just last week, we covered some Jeffco-tinted news about a student walkout/protest in Douglas County School District. But those aren’t the only waves Dougco has made recently, or even the most important. No, the most exciting news to come out of the district is that the conservative board majority voted Tuesday to restart its local voucher program, the first of its kind in the nation. This time, however, those pesky religious schools will have to sit out—along with any of the kids who wanted to attend them. The new program, now called the School Choice Grant Program, explicitly prohibits religious schools from participating. It also revisits the old program’s contentious charter school funding mechanism (and funding amounts), though that’s a conversation for another day. For now, let’s focus on the religious aspect. Most of you already know about the original Choice Scholarship Program, so we won’t spend a lot of recounting all of the details. It’s been a while since we talked about the Dougco case’s legal slog in any detail, though, so I think it’s a good idea to pause and consider what’s going on here and what it means.
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Shades of Jeffco: Dougco's Student Walkout
Yesterday, we covered some very interesting new research on educator evaluation reforms. While we were busy reviewing that study, our friends down in Douglas County School District were busy making news. Let’s catch up on that news today. First up was a student walkout/protest at Ponderosa High School. Roughly 200 students paraded around with signs blasting Superintendent Liz Fagen and decrying what they see as concerning levels of teacher turnover at Ponderosa and other schools. They blame unfair teacher evaluations and pay under the district’s pay-for-performance system for this turnover. I think I’m having flashbacks to Jeffco’s misguided protests in 2014…
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