Colorado Court of Appeals Reverses Trial Court Ruling
Arlington, Va., Institute for Justice—In
a tremendous victory for families in Douglas County, Colo., the
Colorado Court of Appeals this morning upheld the Douglas County School
District’s Choice Scholarship Program. Reversing an August 2011 trial
court decision that had struck down the program, the Court held that the
program “does not violate any of the constitutional provisions on
which” it was challenged.
“This
is an enormous victory not just for Douglas County families, but for
all Colorado families who simply want the right to choose the schools
that are best for their kids,” said Michael Bindas, a senior attorney
with the Institute for Justice (IJ), which represented three Douglas
County families in defending the Choice Scholarship Program.
The
Choice Scholarship Program is a local school choice program adopted by
the Douglas County Board of Education on March 15, 2011, to “provide
greater educational choice for students and parents to meet
individualized student needs.” The program operates in a simple and
straightforward manner, providing 500 scholarships that parents can use
to send their children to any private school that participates in the
program and that has accepted the child.
On
June 21, 2011, however, the ACLU, Americans United for Separation of
Church and State, and several Colorado organizations and taxpayers sued
the school board, school district, Colorado Department of Education, and
Colorado Board of Education in Denver District Court to stop the
program. Despite clear case law rejecting their claims, they alleged
that because some parents would choose religious schools for their
children’s education, the program violates the state constitution’s
prohibition on aid to religious schools. They also alleged various
violations of state constitutional and statutory provisions concerning
public education.
On
behalf of three Douglas County families that had received scholarships
under the program—the Doyles, Andersons, and Oakleys—IJ intervened in
the case and defended the program alongside the county and state. But
on August 12, 2011, after a three-day hearing, the Denver District Court
enjoined the program, concluding that it violates the religion clauses
in the Colorado Constitution, as well as Colorado’s Public School
Finance Act and a provision concerning the Public School Fund.
IJ,
as well as the county and state, appealed the District Court’s
decision. This morning, the Court of Appeals reversed the decision and
upheld the scholarship program. In its opinion, the Court of Appeals
explained that the scholarship program “is intended to benefit students
and their parents, and any benefit to the participating schools is
incidental” Moreover, the Court stressed that the program “is neutral
toward religion, and funds make their way to private schools with
religious affiliation by means of personal choices of students’
parents.”
“Neutrality
and private choice are the hallmarks of a constitutional school choice
program,” according to Bindas, “and the Court of Appeals recognized that
the Choice Scholarship Program satisfies both of those requirements.
The court’s decision paves the way for other Colorado school districts
to follow the path that Douglas County has blazed and empower parents to
choose the schools that are best for their children.”
Upon
hearing the news of the victory, Derrick Doyle, whose children Donovan
and Alexandra received scholarships under the program, said, “It is
great news to hear that the program will move forward. We are grateful
that the court vindicated our right to choose our children’s school.”
“From
Arizona and Colorado, down to Louisiana, up to Indiana, New Hampshire
and beyond, school choice programs are providing greater and greater
parental control of education, just as it should be,” said Chip Mellor,
president and general counsel for the Institute for Justice. “No one
knows better than parents which type of education will best-serve their
children. School choice programs give parents the means to secure a
quality education for their children.”
My comment: This is welcome news. While the opponents of school choice challenged "vouchers" in Colorado based on a provision of the Colorado constitution, had they won, opponents of school choice would have been emboldened to challenge scholarship programs elsewhere. A loss for advocates of school choice in Colorado would have slowed the movement elsewhere.
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