The Denver Post

SCHOOL BOARD ENDS VOUCHERS

Douglas County School Board votes to end controvers­ial method of assistance

- By Nicholas Garcia

The Douglas County School Board votes 6-0 to end a privatesch­ool voucher program and put an end to a legal battle.

ROCK» The Douglas CASTLE

County School Board voted Monday to end a controvers­ial privatesch­ool voucher program and directed the school district to end a long-running legal battle that reached the nation’s highest court.

The board voted 6-0 at a standing-room-only meeting to end the program, which was put on a hold in 2011 by a Denver District Court judge before families could use it.

The program was a prime fault line in an election this fall that saw voucher opponents take full control of the board.

“Public funds should not be diverted to private schools, which are not accountabl­e to the public,” said board member Krista Holtzmann.

The state Supreme Court, which during the summer was directed by the U.S. Supreme Court to revisit the case, will have the ultimate say in whether the legal challenge will end.

However, the court usually does not consider moot cases, said Mark Silverstei­n, legal director for the ACLU of Colorado, a plaintiff in the case.

The board’s action is a blow to conservati­ve education reform advocates and voucher supporters in Colorado and across the country. Proponents of vouchers had hoped a victory at the U.S. Supreme Court would set a national precedent.

The legal question at the center of the voucher debate is whether a local school district can send tax dollars to private-religious institutio­ns. A majority of the schools that enrolled in the Douglas County voucher system, known as the Choice Scholarshi­p Program, were religious.

The state Supreme Court in 2015 ruled that the district could not because the Colorado Constituti­on forbids it. The U.S. Supreme Court gave voucher supporters renewed hope this year when, in a similar case, it issued a narrow ruling for a preschool run by a church.

A network of voucher supporters has argued that such constituti­onal prohibitio­ns, known as Blaine Amendments, are rooted in anti-Catholic bigotry and are outdated.

Americans for Prosperity, a political nonprofit that advocates for free-market policies including private school vouchers, announced Friday it was spending “five figures” to warn Douglas County parents about the board’s decision to end the program.

“The new school board must put the needs of school children before any political belief,” Jesse Mallory, the group’s Colorado director, said in a statement. “End-

ing this program before it even has a chance to succeed and provide real change in our communitie­s would be extremely shortsight­ed. If the board believes they should deny children more educationa­l opportunit­ies, AFP-Colorado will hold them accountabl­e.”

Opponents of vouchers, who showed up in force Monday night, presented a lengthy list of claims against private schools and vouchers. Some argued that private schools discrimina­te against students. Others suggested vouchers were part of a scheme to privatize education.

“What happens to the educationa­l quality of children in the community school where there is less money to work with because of the voucher outflow?” said one speaker, Barbara Gomes Barlow, who has grandchild­ren in Douglas County schools. “It is diminished. It’s a fiction to believe that vouchers open up choice for all students. They do not.”

Monday’s meeting comes nearly one month after four anti-voucher candidates — Holtzmann, Anthony Graziano, Chris Schor and Kevin Leung — resounding­ly won seats on the board. Their opponents campaigned to keep the legal fight alive.

“This is what you were elected to do — serve the taxpayers in a public school district,” said Stephanie Van Zante, another county resident who spoke during public comment. “Ending this policy shows that this board has returned its focus to local educationa­l practices and not national politics.”

Leung, who is a plaintiff in the legal case against the voucher program, recused himself from voting on ending the program.

For Cindy Barnard, the original plaintiff in the legal fight, Monday’s decision was six years in the making.

“I’ve been working on this for a long time, and I’m very, very happy to hear the district rescind the program,” Barnard said. “Knowing that public school funds will stay in our public schools — it’s a good day.”

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