Future of Schools

Colorado Supreme Court will hear Dougco voucher case

Update: This article has been updated with comments from Dougco school board member Craig Richardson and from ACLU-Colorado legal director Mark Silverstein. 

Colorado’s highest court has agreed to hear arguments on the constitutionality of the Dougco Public Schools voucher program.

Among the points of the case the state Supreme Court will consider is whether plaintiffs, led by an organization called Taxpayers for Public Education, have have the legal right to challenge the program, which never went into effect because of litigation, and whether the program violates the Public Schools Finance Act.

A Denver judge, siding with a group of parents and civil-liberties organizations, put the program on hold in 2011. Last year, a three-member appellate court panel reversed the decision.

Dougco board member Craig Richardson said the district is confident in its case.

“The District welcomes the opportunity for the state’s highest court to review a case that presents such important issues for our state and our country,” Richardson said in a media release. “DCSD is committed to expanding choice for parents and one of the ways is our innovative Choice Scholarship Program. We believe the Court of Appeals will be affirmed and that the parents and children of our District will, someday soon, be afforded more educational choice.”

The Colorado branch of the American Civil Liberties Union was equally optimistic.

“The ACLU of Colorado is encouraged by the Colorado Supreme Court’s decision to hear the Douglas County school voucher case, and we look forward to arguing before the court that it must strike down the school district’s misguided funding scheme, which compels taxpayers to subsidize religious education in clear violation of the state constitution,” said Legal Director Mark Silverstein in a media release. “We are hopeful that the Supreme Court will end this misguided and unconstitutional diversion of taxpayer dollars before it is adopted by other districts around the state.”

The voucher program, which was unanimously passed by the Dougco school board in 2011, would have allowed up to 500 Douglas County students to use 75 percent of the district’s per-pupil funding – or $4,575 at the time – to attend a participating private school approved by the district.

Students would have been able to use those funds to attend private religious schools.

Schools that were interested in participating in the program had to have met certain criteria.

Thirty-four private schools applied to participate in the voucher program, known as the Choice Scholarship Program. Dougco had approved 23 of those schools.

Of the 23 schools, 14 were located outside Douglas County, and 16 teach religious doctrine.

The voucher program was modeled after other programs across the nation that have prevailed in court. It gave students the right to “receive a waiver from any required religious services at the [participating private school],” according to court documents.


‘Genius grant’ writer to Memphis: ‘We’re losing the only gains we’ve made’ against segregation

PHOTO: Caroline Bauman
Nikole Hannah-Jones, an award-winning New York Times Magazine writer, speaks on school segregation during her first public appearance in Memphis.

Memphis is a “perfectly sad place” to talk about school segregation, a nationally renowned journalist said while visiting the city this week.

Nikole Hannah-Jones, who writes about race and school segregation for the New York Times Magazine, was in Memphis as part of a speaker series sponsored by Center for Southern Literary Arts, Chalkbeat Tennessee and MLK50: Justice in Journalism.

She was among the 24 recent winners of a no-strings-attached prize known as the MacArthur “Genius Award.” (Read more about her work here.)

Her award-winning piece, the “The Resegregation of Jefferson County” was a deeply reported  article on how racially motivated school district secessions are contributing to school segregation in Alabama.

In her talk, Hannah-Jones compared what happened in her article with what happened in Memphis in 2014, when six mostly white municipal districts broke away from the large, predominantly black Shelby County Schools.

Listen to part of Hannah-Jones’s story:

“The resegregation in Jefferson County is exactly what’s happened here,” Hannah-Jones said.

“It’s white communities breaking off from school districts,” she said. “They can wipe their hands of it and say it’s not about race, we just want districts to represent my community. It is about race.”

Hannah-Jones said resegregation is a trend recently documented by national researchers — both in the relatively new trend of district sessessions and in white Americans moving into communities of color but refusing to send their children to neighborhood schools.

Schools were segregated in Tennessee during the first part of the 20th Century. After the U.S. Supreme Court declared in 1954 that racial segregation in public schools was unconstitutional, school districts in Tennessee slowly began to integrate and then stalled. Now, researchers and journalists say segregation is getting worse.

“As the south resegregates, we’re losing the only gains we’ve made,” Hannah-Jones said. “We want to pretend that our decisions aren’t impacting other kids, but they are.… You cannot say you believe in equality and seek to advantage your child every step of the way. ”

Hannah-Jones wrote in 2016 about choosing a school in New York City for her own daughter. She eventually settled on a neighborhood school — one that is majority black and poor. She challenged Memphians, in particular white, middle-class Memphians, to think more equitably about where they send their own children to school.

“White children aren’t hurt at all by going to these schools — their test scores don’t go down,” she said, a statement backed by research. “But look in Detroit, inner-city Memphis, Chicago. No one is coming.”

“The piece I did about my daughter, the reason it had such an impact is that I was honest. It wasn’t an easy choice when I had my own child. Morals and values in abstract are great, but reality is more difficult.”

She began the Tuesday night event with a story about a student she grew close to — and whose story embodies some of the issues of segregation —  before participating in a panel with MLK50 founder Wendi Thomas and Tami Sawyer, a Teach for America director and local activist.

Hannah-Jones said she’s now working on a book about Detroit — specifically looking at how poverty makes educating children “impossible.” (To learn more about schools in Detroit, go here).

In talks

Hopson asks state to let struggling Memphis school remain with local district

PHOTO: Marta W. Aldrich
Superintendent Dorsey Hopson is in talks with state officials about the future of American Way Middle, a struggling Memphis school that the state has identified for conversion to a charter school under Shelby County Schools or takeover by Tennessee's Achievement School District.

Superintendent Dorsey Hopson is asking Tennessee’s education chief to let Shelby County Schools keep control of American Way Middle School and place the struggling school in its own turnaround program, the Innovation Zone.

And Commissioner Candice McQueen is hinting that she’s willing to talk.

Hopson’s official request came this week despite McQueen’s plan for the Memphis district to convert American Way Middle to a charter school or risk having it placed in the state’s Achievement School District.

“Our Board voted to place American Way in the iZone next year,” Hopson wrote McQueen on Tuesday. “The Board was uncomfortable waiting for an additional year before taking action.”

McQueen wants the school to become a charter school in the fall of 2019 under the state’s new accountability plan. The board voted to place it in the iZone a year earlier than that.

But Hopson said the district’s concerns extend beyond timing.

“During its robust discussion regarding a district-led charter conversion, the Board was particularly concerned because we are unaware of any middle school charter operators who have strong track records of success in the turnaround space,” Hopson wrote. “For these reasons, the Board indicated that it will not approve a district-led charter conversation.

He added: “Given the I-Zone’s progress, we respectfully request that the State allow American Way to remain in the I-Zone for at least 3 years. Notably, one of American Way’s feeder schools is also in the I-Zone.”

McQueen said Friday that her office needs more information about the district’s proposal for American Way Middle before she makes a decision.

“We had a conversation with the district this week to make it clear that simply saying the school will be in the iZone next year does not tell us what the plan for that school is, and we still need more details on what it would look like for the school to be served by the iZone,” McQueen told Chalkbeat through a spokeswoman. “It is also not clear what charter options the district explored.”