Decisions & Choices

Douglas County voucher supporters encouraged by Supreme Court decision in similar case

James Lyons, representing the Douglas County School District, speaks during oral arguments at the Colorado Supreme Court in the Douglas County vouchers case. (Photo by RJ Sangosti/The Denver Post)

A significant U.S. Supreme Court ruling Monday on a church-state issue opens a new chapter in a court fight over a Douglas County private school voucher program, with both supporters and opponents finding encouragement in the high court’s decision.

The court ruled that the state of Missouri violated the U.S. Constitution when it barred a church-run preschool from participating in a state program that repaved playgrounds.

While the court’s narrow 7-2 decision fell far short of legalizing private school voucher programs, it still has implications for the Douglas County program, which the state Supreme Court rejected.

Most likely, observers said, the Douglas County case will be kicked back to the Colorado Supreme Court for examination under the precedent the U.S. Supreme Court set with its new ruling. Or the U.S. Supreme Court could hear the case, the preferred outcome of voucher backers who would like to set a more sweeping precedent for their cause.

“This is a huge victory for folks who are believers in religious liberty,” said Ross Izard, a senior education policy analyst at the Independence Institute, a Denver-based free-market think tank. “Unfortunately for those of us who are invested in the school choice movement, it doesn’t accomplish everything we hoped it would.”

The legal fight over vouchers has engulfed the suburban school district south of Denver since 2011. That’s when a new conservative school board established the Choice Scholarship Program.

Unlike other voucher programs, which are designed to provide low-income families with educational alternatives, the Douglas County program was opened to all students in the district with a median household income of $107,650.

Lawyers representing the Douglas County School District and families who participated in the voucher program before it was halted by a lower court said they expect the Supreme Court to decide this week whether they’ll take up the years long debate over the voucher program.

“We’re certainly encouraged,” said William Trachman, general counsel for the Douglas County School District. “The policy reasons that underlie the program are to give students educational choice. That’s what Douglas County cares about.”

The Colorado Supreme Court ruled in 2015 that the Douglas County School District’s voucher program, which would have allowed parents to use taxpayer dollars to send their students to private religious schools, was unconstitutional.

The state’s constitution includes a provision that forbids tax dollars to be used by religious institutions. Colorado is one 38 states that have these so-called Blaine Amendments.

The district, along with three Douglas County families and Colorado’s attorney general, later appealed to the U.S. Supreme Court. The U.S. Supreme Court has held the case for nearly two years as it considered the Missouri case, Trinity Lutheran Church of Columbia, Inc. v. Comer.

In that case, Trinity Lutheran sued the state of Missouri after it prohibited the church from participating in a state program that used recycled tires to resurface playgrounds.

The U.S. Supreme Court said the state could not prohibit the church from participating in the program since the benefit of the program — new asphalt for the playground — was secular and did not further the church’s religious mission.

That’s an important distinction opponents to the Douglas County voucher program highlighted in reacting to the decision.

“The majority opinion in Trinity Lutheran explicitly distinguished the facts in that case from cases like ours where government funds run afoul of state anti-establishment clauses because the funds are being used to pay for religious education,” Cindy Barnard, president of Taxpayers for Public Education, a nonprofit that supports traditional public schools, in a statement. Barnard was the original plaintiff in the Douglas County voucher case.

Mark Silverstein, legal director of the Colorado ACLU, one of the organizations that argued against the voucher program, echoed Barnard.

“The Douglas County school district’s voucher program violated the state’s constitution as of yesterday. It violates the state constitution even today,” he said. “This case today is not about using public money for religious indication. And that’s a distinction I believe most of the justices see as important.”

test scores

How did your school perform on TNReady tests? Search here for results

Student's group

Nearly 700 schools – more than 40 percent of schools in Tennessee – improved in student performance across most grades and subjects, according to a state release of 2018 test results. And 88 school districts or 60 percent met or surpassed student growth expectations.

Test score data for every public school in Tennessee was released Thursday by the state Department of Education.

You can search our database below to find out how students in your school performed. The results show the percentage of students in each school who are performing at or above grade level.

Note: The state doesn’t release data for an exam if fewer than 5 percent of students scored on grade level or if 95 percent of students were above grade level. An asterisk signifies that a school’s score falls in one of those two categories. 

colorado accountability

Test results can spell relief or gloom for state’s lowest performing schools and districts

File photo of sixth-grade students at Kearney Middle School in Commerce City. (Photo by Craig Walker, The Denver Post)

All three school Colorado districts under the gun to improve their academics showed some gains on test results released Thursday — but the numbers may not be enough to save one, Adams 14, from facing increased state intervention.

Of the three districts, only the Commerce City-based Adams 14 faces a fall deadline to bump up its state ratings. If the district doesn’t move up on the five-step scale, the state could close schools, merge Adams 14 with a higher-performing neighbor, or order other shake-ups.

The school district of Westminster and the Aguilar school district, also on state-ordered improvement plans, have until 2019 to boost their state ratings.

The ratings, expected in a few weeks, are compiled largely from the scores released Thursday which are based on spring tests.

District officials in Adams 14 celebrated gains at some individual schools, but as a district, achievement remained mostly dismal.

“We continue to see a positive trend in both English language arts and math, but we still have work to do,” said Jamie Ball, manager of accountability and assessment for Adams 14.

The district’s high school, Adams City High School, which has its own state order to improve its ratings by this fall, posted some declines in student achievement.

District officials said they are digging into their data in anticipation of another hearing before the State Board of Education soon.

In a turn likely to invite higher scrutiny, district schools that have been working with an outside firm, Beyond Textbooks, showed larger declines in student progress.

In part, Ball said that was because Beyond Textbooks wasn’t fully up and running until last school year’s second semester. Still, the district renewed its contract with the Arizona-based firm and expanded it to include more schools.

“Its a learning curve,” said Superintendent Javier Abrego. “People have to get comfortable and familiar with it.”

For state ratings of districts and high schools, about 40 percent will be based on the district’s growth scores — that’s a state measurement of how much students improved year-over-year, when compared with students with a similar test history. A score of 50 is generally considered an average year’s growth. Schools and districts with many struggling students must post high growth scores for them to get students to grade level.

In the case of Adams 14, although growth scores rose in both math and English, the district failed to reach the average of 50.

Credit: Sam Park
PARCC, district on state plans
Credit: Sam Park

Westminster district officials, meanwhile, said that while they often criticize the state’s accountability system, this year they were excited to look at their test data and look forward to seeing their coming ratings.

The district has long committed to a model called competency-based education, despite modest gains in achievement. The model does away with grade levels. Students progress through classes based on when they can prove they learned the content, rather than moving up each year. District officials have often said the state’s method of testing students doesn’t recognize the district’s leaning model.

“It’s clear to us 2017-18 was a successful year,” said Superintendent Pam Swanson. “This is the third year we have had upward progress. We believe competency-based education is working.”

The district posted gains in most tests and categories — although the scores show the extent of its challenge. Fewer than one in five — 19.6 percent of its third graders — met or exceeded expectations in literacy exams, up from 15.9 percent last year.

Students in Westminster also made strong improvements in literacy as the district posted a growth score of 55, surpassing the state average.

Westminster officials also highlighted gains for particular groups of students. Gaps in growth among students are narrowing.

Schools still on state ordered plans for improvement, and deadline for improvement

  • Bessemer Elementary, Pueblo, 2018
  • Heroes Middle, Pueblo, 2018
  • Risley International Academy, Pueblo, 2018
  • HOPE Online Elementary, Douglas 2019
  • HOPE Online Middle, Douglas, 2019
  • Prairie heights Middle, Greeley, 2019
  • Manaugh Elementary, Montezuma, 2019
  • Martinez Elementary, Greeley, 2019

Look up school results here.

One significant gap that narrowed in Westminster was between students who qualify for free or reduced-price lunch, a common measure of poverty, and those who don’t. In the math tests given to elementary and middle school students, the difference in growth scores between the two groups narrowed to three points from 10 points the year before, with scores hovering around 50.

Results in individual schools that are on state plans for improvement were more mixed. Three schools in Pueblo, for instance, all saw decreases in literacy growth, but increases in math. One middle school in Greeley, Prairie Heights Middle School, had significant gains in literacy growth.

The Aurora school district managed to get off the state’s watchlist last year, but one of its high schools is already on a state plan for improvement. Aurora Central High School has until 2019 to earn a higher state rating or face further state interventions.

Aurora Central High’s math gains on the SAT test exceeded last year’s, but improvement on the SAT’s literacy slowed. The school’s growth scores in both subjects still remain well below 50.

Look up high school test results here.