Tag Archives: litigation

This week is a big week in the world of education law. Today, the U.S. Supreme Court will take up its first case related to state constitutional Blaine clauses. We talked about these ugly little pieces of constitutional language in some detail last week when I highlighted the Independence Institute’s new paper, Blaine’s Shadow: Politics, Discrimination, and School Choice. Check out that paper if you need some historical background on Blaine clauses and what they mean for education today. Before you ask, the court isn’t considering the Dougco voucher case tomorrow. We’re still waiting to find out whether SCOTUS will hear that one. Instead, the high court will hear oral arguments in Trinity Lutheran v. Pauley, which deals with a Blaine-related case out of Missouri. We’ve talked about that case in passing over the year or so since I wrote about it in detail, but a refresher is probably in order. From my previous post: Here’s the skinny: Missouri runs a program under which organizations can apply to the state for grants. That’s not unusual. But here’s the trick: these “grants” do not come in the form of money. They come in the form of scrap rubber. That rubber is used […]

It’s National School Choice Week again, my friends. This year’s celebration of educational opportunity is the biggest yet with more than 21,000 events attended by more than six million people across all 50 states. You can help us celebrate the occasion by stopping by the Colorado Capitol on Thursday, January 26, at 11:30 AM. If you live further south, there will also be a rally at the Colorado Springs City Hall at 9 AM on January 24. If neither of those options works for you, you can take a look at this interactive map to find another event in your area. No matter where you live, you should plan to get to a NCSW rally. There will be lots and lots of fuzzy yellow scarves as usual, and you’ll get to go home feeling pretty fuzzy yourself for having helped promote opportunity for all students. There’s plenty to celebrate during National School Choice Week 2017, like the fact that educational choice just keeps on expanding all across the United States. There are more than 2.5 million students enrolled in more than 6,500 public charter schools in more than 40 states. Additionally, there are 61 private school choice programs of various types spread […]

We just can’t stop talking about court cases, can we? First, we covered an interesting Blaine Amendment case out of Missouri. Then things took a turn for the sad (and scary) with Justice Antonin Scalia’s untimely death, and we looked at what that loss might mean for important education cases before the U.S. Supreme Court. Then Douglas County up and restarted its voucher program, this time without religious schools—a decision that has since caused no small amount of edu-drama. Today, we’re going to look at another exciting development: The Colorado Supreme Court’s decision to grant certiorari to the very important tenure-related Masters case. That’s a really big deal. I’ve been talking about the Masters case ever since the Denver Classroom Teachers Association and a group of non-probationary teachers started down that lonely road back in 2014. We celebrated when a Denver District Court judge shot down the union’s arguments. We covered the union’s opening arguments in the subsequent appeal. Then I neglected to post on the disappointing appeal outcome as I wallowed in grief and frustration about the ruling. Why is Masters so important? Let me explain.