school choice battle

Douglas County School District to appeal voucher case to U.S. Supreme Court

Douglas County school board president Kevin Larsen, left, and board member Craig Richardson. ( Photo by Nicholas Garcia )

Two months after Colorado’s highest court rejected the Douglas County School District’s controversial school voucher program, officials in the wealthy, high-achieving suburban district announced Wednesday they will ask the U.S. Supreme Court to consider the case.

The district also gained a key ally in the Colorado Attorney General’s Office, which will be filing its own petition backing the district’s Choice Scholarship Program, district officials said.

The district’s move is not a surprise. District leaders all but promised to take the step after the Colorado Supreme Court held in a 4-3 judgment June 29 that the program violated a state constitutional provision barring spending public money on religious schools.

District officials also followed through on their pledge to enlist elite legal help, announcing their team would be headlined by Paul Clement, a former U.S. solicitor general who has been mentioned as a potential Republican appointee to the U.S. Supreme Court.

The AG’s office signing on is another boost to the district. After the state Supreme Court ruling, Republican AG Cynthia Coffman issued a statement lamenting districts “now have one fewer tool to support parents in choosing the education that best fits their children’s needs.” A spokesman for the AG said the office would not be issuing any statements Wednesday commenting on its involvement in the Dougco case.

“When the Colorado Supreme Court’s opinion was announced in late June, we promised a careful, thorough and rigorous legal analysis to determine our next steps,” school board president Kevin Larsen said in a statement. “Today we announce that we will be seeking U.S. Supreme Court review of our case. To achieve that end, we have retained the very best legal minds in the country to make our argument that the June 29 opinion runs afoul of the United States Constitution.”

Mixed legal results on vouchers

Just about every program nationwide that uses public money to subsidize private education has been tested in court, with mixed results but the majority surviving, analysts say. Framers of the Dougco pilot program modeled it on an Ohio voucher program that weathered a U.S. Supreme Court challenge.

Legal experts disagree on whether the nation’s highest court will take the Douglas County case. Some say it’s unlikely the court would wade into a case brought solely on a state constitutional matter. Others argue the anti-Catholic roots of Colorado’s law – similar to those in more than 35 other states – and other issues make it a strong candidate and could plow new ground beyond traditional arguments over the First Amendment.

The district has signaled it will argue that prejudiced history taints the law enough that it violates the 14th Amendment’s equal protection clause. Opponents of the voucher program point to precedent holding that state courts can interpret their own constitutions to recognize broader rights than what might be afforded under the U.S. Constitution.

The involvement of Clement — who as U.S. solicitor general from 2005 to 2008 represented the federal government in U.S. Supreme Court arguments — is another wrinkle.

Larsen said Clement will be supported by a “dream team” of lawyers involved in the state court proceedings and scholars from “the highest ranking law schools in America.”

Alan Chen, a constitutional law expert at the University of Denver’s Strum College of Law, said Wednesday he does not believe the Colorado Attorney General’s Office involvement will factor in whether the court takes the case. While crediting Clement’s stature and experience, Chen said he remains skeptical the court will grant the review because the case is built entirely on state constitutional law.

Mark Silverstein, legal director for the ACLU of Colorado, which represented most of the individual plaintiffs, noted that the Attorney General’s office has been involved from the beginning. The State Board of Education was one of the defendants and was represented by the AG’s office.

Silverstein said he “wants to see what they write and how they frame the issue” in the petition to the Supreme Court before commenting further.

An unorthodox voucher program

The Dougco voucher case has endured a long and bumpy road. The district established the Choice Scholarship Program in 2011 after a conservative takeover of the school board, reasoning that competition can lift all schools even in a district consistently ranked as one of the state’s top academic achievers.

While most voucher programs are restricted to low-income students or those with special needs, Douglas County invited all families to apply — although the program was limited to 500 slots. Sixteen of the 23 participating private schools were religious; 14 were outside the county.

Highlands Ranch High School science teacher Bob MacArthur leads a class discussion May 16 on propaganda art. His ninth grade science class was asked to design a propaganda poster in support of an energy source they have been studying.
Highlands Ranch High School science teacher Bob MacArthur leads a class discussion May 16 on propaganda art. His ninth grade science class was asked to design a propaganda poster in support of an energy source they have been studying.

In 2011, the first 304 students were about to enroll when a lawsuit brought it to a halt. Voucher opponents prevailed in Denver District Court. But in 2013, the Colorado Court of Appeals upheld the program’s constitutionality in a 2-1 vote, setting the stage for state Supreme Court arguments.

In the prevailing opinion, Supreme Court Chief Justice Nancy Rice cited Colorado’s “stark constitutional provision” forbidding the use of public money to fund religious schools. Although the money came in the form of financial aid to students, the prohibition is not limited to direct funding, she wrote.

School board member Craig Richardson said in an interview the decision to continue the legal fight is consistent with the district’s “broader strategic vision of freedom.” That, he said, includes empowering parents to choose their children’s schools and extends to the district’s teacher pay-for-performance system.

“The district is proceeding because it’s good for the Douglas County School District to proceed,” Richardson said.

District looking at proceeding with secular schools

He said the district has yet to complete a separate legal review of whether it can move ahead with the voucher program with changes. The district previously floated the possibility of revamping the program as early as this fall, but ran out of time before the school year began.

One question the district is evaluating, Richardson said, is whether moving forward only with secular private schools would meet the legal parameters of the state Supreme Court ruling. Given that most students chose to enroll in religious schools, it’s unclear how much appeal that would hold.

The decision to petition the high court – and assemble the high-powered legal team — also will send legal costs soaring beyond the $1.2 million the district already has reported. District officials say private donations have covered all costs.

“We continue to have as our goal that all legal costs associated with this case will be funded with the generous contributions of private donors who similarly believe in choice and competition in K-12 education and are not affiliated with any religious institutions,” Richardson said. “We strongly believe this is not a cause to which we want to put taxpayer dollars.”

The district faces a deadline at the end of September to ask for a U.S. Supreme Court review. Richardson said the district plans to ask for a month’s extension to file but will move forward even if that is denied.

defensor escolar

Memphis parent advocacy group trains first Spanish-speaking cohort

PHOTO: Caroline Bauman
Manuela Martinez (center left) and Lidia Sauceda (center right) are among 19 parents in the first Spanish-speaking class of Memphis Lift’s Public Advocate Fellowship.

Manuela Martinez doesn’t want Spanish-speaking families to get lost in the fast-changing education landscape in Memphis as the city’s Hispanic population continues to grow.

The mother of two students is among 19 parents in the first Spanish-speaking class of Memphis Lift’s Public Advocate Fellowship, a program that trains parents on local education issues.

“We want to be more informed,” said Martinez, whose children attend Shelby County Schools. “I didn’t know I had much of voice or could change things at my child’s school. But I’m learning a lot about schools in Memphis, and how I can be a bigger part.”

More than 200 Memphians have gone through the 10-week fellowship program since the parent advocacy group launched two years ago. The vast majority have been African-Americans.

The first Spanish-speaking cohort is completing a five-week program this month and marks a concerted effort to bridge racial barriers, said Sarah Carpenter, the organization’s executive director.

“Our mission is to make the powerless parent powerful …,” she said.

The city’s mostly black public schools have experienced a steady growth in Hispanic students since 1992 when only 286 attended the former Memphis City Schools. In 2015, the consolidated Shelby County Schools had 13,816 Hispanic children and teens, or 12.3 percent of the student population.

Lidia Sauceda came to Memphis from Mexico as a child; now she has two children who attend Shelby County Schools. Through Memphis Lift, she is learning about how to navigate Tennessee’s largest district in behalf of her family.

PHOTO: Caroline Bauman
Hispanic parents attend a training with the Memphis Lift fellowship program.

“Latinos are afraid of talking, of standing up,” Sauceda said. “They’re so afraid they’re not going to be heard because of their legal status. But I will recommend this (fellowship) to parents. How do we want our kids to have a better education if we can’t dedicate time?”

The training includes lessons on local school options, how to speak publicly at a school board meeting, and how to advocate for your children if you believe they are being treated unfairly.

The first fellowship was led by Ian Buchanan, former director of community partnership for the state-run Achievement School District. Now the program is taught in-house, and the Spanish-speaking class is being led this month by Carmelita Hernandez, an alumna.

“No matter what language we speak, we want a high-quality education for our kids just like any other parent,” Hernandez said. “A good education leads to better opportunities.”

Stopping summer slide

On National Summer Learning Day, Memphis takes stock of programs for kids

PHOTO: Helen Carefoot
Torrence Echols, a rising first-grader in Memphis, builds a tower with giant legos at the Benjamin L. Hooks Library on National Summer Learning Day.

When it comes to summer learning, it’s been a better year for Memphis, where a range of new programs have helped to stem learning loss that hits hard in communities with a high number of low-income students.

On Thursday, Mayor Jim Strickland celebrated that work in conjunction with National Summer Learning Day and against the backdrop of the children’s reading room of the city’s main library.

He estimated that 10,000 children and teens are being reached this summer through learning programs spearheaded through Shelby County Schools, Literacy Mid-South, Memphis Public Libraries, churches and nonprofit organizations across the community.

That’s a record-breaking number, Strickland says, in a city with a lot of students struggling to meet state and local reading targets.

Summer learning loss, also known as summer slide, is the tendency for students to lose some of the knowledge and skills they gained during the school year. It’s a large contributor to the achievement gap, since children from low-income families usually don’t get the same summer enrichment opportunities as their more affluent peers. Compounded year after year, the gap widens to the point that, by fifth grade, many students can be up to three years behind in math and reading.

But this summer for the first time, Shelby County Schools offered summer learning academies across the city for students most in need of intervention. And Memphis also received a slice of an $8.5 million state grant to provide summer literacy camps at nine Memphis schools through Tennessee’s Read to be Ready initiative.

Literacy Mid-South used Thursday’s event to encourage Memphians to “drop everything and read!”

The nonprofit, which is providing resources this summer through about 15 organizations in Greater Memphis, is challenging students to log 1,400 minutes of summertime reading, an amount that research shows can mitigate learning loss and even increase test scores.

Reading is a problem for many students in Memphis and across Tennessee. Less than a third of third-graders in Shelby County Schools read on grade level, and the district is working to boost that rate to 90 percent by 2025 under its Destination 2025 plan.

The city of Memphis, which does not fund local schools, has made Memphis Public Libraries the focal point of its education work. This summer, the library is offering programs on everything from STEM and robotics to art and test prep.

Parents are a critical component, helping their kids to take advantage of books, programs and services that counter the doldrums of summer learning.

Soon after the mayor left the Benjamin L. Hooks Library on Thursday, Tammy Echols arrived with her son, Torrence, a rising first-grader at Levi Elementary School. Echols said they visit regularly to read books and do computer and math games.

“We always do a lot of reading and we’re working on learning sight words,” Echols said as she watched her son build a tower out of giant Lego blocks. “Torrence is a learning child and it’s easy to forget what you just learned if you’re not constantly reinforcing.”

You can find summer learning resources for families from the National Summer Learning Association.