v(ouch)!

Douglas County voucher program unconstitutional, Supreme Court rules

Highlands Ranch High School science teacher Bob MacArthur leads a class discussion in 2014. (Photo by Nicholas Garcia)

The Douglas County School District may not provide its families vouchers to send their students to private schools, the Colorado Supreme Court ruled Monday morning.

In its decision, the state’s highest court effectively shut down the suburban school district’s choice program.

Douglas County school officials are expected to have a press conference this afternoon to discuss the ruling. It’s unclear whether the school district will attempt to appeal the decision to the U.S. Supreme Court. (See updated from press conference here.)

In the 4-3 opinion, written by Chief Justice Nancy E. Rice, the court said the Choice Scholarship Program, as the district called it, was unconstitutional because it sent taxpayer dollars to religious institutions.

“[T]he Colorado Constitution prohibits school districts from aiding religious schools,” the chief justice wrote in her conclusion. “The CSP has created financial partnerships between the District and religious schools and, in so doing, has facilitated students attending such schools. This constitutes aid to religious institutions as contemplated by section 7. Therefore, we hold that the CSP violates section 7.”

Section 7 refers to a portion of the state’s constitution that flatly prohibits any state aid to religious institutions.

In oral arguments last year, lawyers for the Douglas County School District argued that parents, not the school district, chose where to use the vouchers. In their opinion, the district did not endorse religious schools, but parents.

A majority of the court disagreed.

“It is true that the CSP does not only partner with religious schools; several Private School Partners are non-religious,” Rice wrote. “The fact remains, however, that the CSP awards public money to students who may then use that money to pay for a religious education. In so doing, the CSP aids religious institutions. Thus, even ignoring the pragmatic realities that scholarship recipients face—such as the trial court’s finding that ‘virtually all high school students’ can only use their scholarships to attend religious schools—the CSP violates the clear constitutional command of section 7.”

But in a dissenting opinion, Justice Allison Eid said the court’s interpretation of Section 7 went too far.

“This breathtakingly broad interpretation would invalidate not only the Choice Scholarship Program, but numerous other state programs that provide funds to students and their parents who in turn decide to use the funds to attend religious schools in Colorado,” Eid wrote. “The plurality’s interpretation barring indirect funding is so broad that it would invalidate the use of public funds to build roads, bridges, and sidewalks adjacent to such schools, as the schools, in the words of the plurality, ‘rely on’ state-paid infrastructure to operate their institutions.”

The ruling means that Colorado tax dollars will stay where they belong in public schools, said one of the plaintiffs in a statement emailed shortly after the decision was made public.

“The DCSD voucher program took taxpayer funds, intended for public education, and used that money to pay for private school education for a few select students,” said Cindy Barnard, President of Taxpayers for Public Education, one of the plaintiffs in the case. “The decision means that money set aside for public education in Colorado can only be used the way it was intended to be used — for the betterment of education in Colorado public schools.”

Education analyst Ben DeGrow at the Independence Institute, a libertarian think-tank and supporter of school choice, said he he believed the court came to the wrong conclusion.

“It’s a disappointment that the Colorado Supreme Court did not uphold opportunity and choice for families in Douglas County,” he said.

The voucher program was unanimously passed by the Douglas County school board in 2011. It would have allowed up to 500 Douglas County students, who live south of Denver, 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.

Thirty-four private schools applied to participate in the voucher program. The school district approved 23 of those schools.

Of the 23 schools, 14 were located outside Douglas County, one of the wealthiest counties in Colorado, and 16 taught 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 previous court documents filed by the district.

In 2004 the state Supreme Court halted a statewide voucher program that would have provided similar scholarships to low income families.

Capitol Editor Todd Engdahl contributed to this report. 

Finding a home

Denver school board permanently co-locates charter elementary in middle school building

Students and staffers at Rocky Mountain Prep's first charter school in Denver cheer in 2012. (Photo by The Denver Post)

A Denver elementary charter school that was temporarily granted space in a shuttering district-run middle school building will now be housed there permanently.

The school board voted Thursday to permanently place Rocky Mountain Prep Southwest charter school in the Kepner Middle School building, where it is sharing space this year with three other school programs. Such co-locations can be controversial but have become more common in a district with skyrocketing real estate prices and ambitious school quality goals.

Rocky Mountain Prep Southwest is part of a homegrown charter network that has shown promising academic results. The network also has a school in Aurora and is expected to open a third Denver school next year in the northwest part of the city.

Rocky Mountain Prep Southwest was first placed at Kepner for the 2015-16 school year. The placement was supposed to be temporary. The district had decided the year before to phase out low-performing Kepner and replace it a new district-run middle school, Kepner Beacon, and a new charter middle school, STRIVE Prep Kepner, which is part of a larger network. The district also temporarily placed a third charter school there: Compass Academy.

Compass has since moved out of Kepner but the other four schools remain: Rocky Mountain Prep Southwest, Kepner Beacon, STRIVE Prep Kepner and the Kepner Legacy Middle School, which is on track to be completely phased out and closed by June 2019.

In a written recommendation to the school board, district officials acknowledged that permanently placing Rocky Mountain Prep Southwest at Kepner would create a space crunch.

The Kepner campus has the capacity to serve between 1,100 and 1,500 students, the recommendation says. Once all three schools reach full size, officials expect the schools will enroll a total of approximately 1,250 students. Rocky Mountain Prep Southwest currently serves students in preschool through third grade with a plan to add more grades.

“DPS facilities staff are currently working with all three schools to create a long‐term vision for the campus, including facility improvements that ensure all three schools have what they need to continue to excel,” says the recommendation from Chief Operating Officer David Suppes and Director of Operations and Support Services Liz Mendez.

District staff tried to find an alternate location for Rocky Mountain Prep Southwest but were unsuccessful, the recommendation says. The district does not have many available buildings, and competition for them among district-run and charter schools can be fierce. In northeast Denver, seven secondary schools are currently vying for the use of a shuttered elementary.

Future of Schools

Indianapolis needs tech workers. IPS hopes that George Washington will help fill that gap.

PHOTO: Dylan Peers McCoy

Indiana companies are looking for workers with computer expertise, and Indianapolis Public Schools leaders want their students to fill that gap.

Next year, George Washington High School will launch a specialized information technology academy designed to give students the skills to pursue careers in IT — and the exposure to know what jobs even exist.

“Half of what kids aspire to be is either someone they know does it or they’ve seen it on TV,” said Karen Jung, president of Nextech, a nonprofit that works to increase computer science preparation in K-12 schools. Nextech is partnering with IPS to develop the new IT program at George Washington.

For teens who don’t know anyone working in computer science, meeting role models is essential, Jung said. When teens see women of color or artists working in computer sciences, they realize there are opportunities for people like them.

“Once we put them in front of and inside of workplaces … it clicks,” Jung said. They believe “they would belong.”

The IT program is one of three academies that will open in George Washington next year as part of a broad plan to close nearly half of the district’s high schools and add specialized focus areas at the four remaining campuses. In addition to the IT academy, George Washington will have programs in: advanced manufacturing, engineering, and logistics; and business and finance.

The district is also moving to a model without neighborhood high schools. Students will be expected to choose high schools based on focus area rather than location. This year, many current high schoolers were required to reapply in an effort to make sure they enroll in academies that fit their interests.

The district will host a showcase of schools to help parents and students with their selections. The showcase runs from 10 a.m. to 2 p.m. Saturday at the Indiana State Museum.

Stan Law, principal of Arlington High School now, will take over George Washington next year. (Arlington will close at the end of this year.) He said the new academies offer an opportunity for students to see what they need to master — from soft skills to knowledge — to get good jobs when they graduate.

“I want kids to really make the connection of the purpose of high school,” Law said. “It is that foundation for the rest of your life, in terms of the quality of life that you are going to live.”

PHOTO: Dylan Peers McCoy
Stan Law

When the IT academy launches next year, students who select the program will be able to spend about one to two classes per year focused on information technology, said Ben Carter, who runs career and technical education for IPS.

Carter hopes the academies will reshape George Washington and other IPS campuses by connecting potential careers with the work students do everyday at school. Students who share a focus area will be in a cohort, and they will share many of the same core classes such as English, math and history, said Carter. Teachers, in turn, will be able to relate what students are studying in their history class to projects they are working on in the IT program, for example.

To show students what a career in information technology might look like, students will have the chance to tour, connect with mentors and intern at local companies.

“If I’m in one of these career classes — I’m in software development, but then I get to go to Salesforce and walk through and see the environment, to me as a student, that’s inspiring,” said Carter. “It’s like, ‘oh, this is what I can have.’ ”

He added. “It increases engagement but also gives them a true sense of what the career is.”