Archive for the 'Courts' Category

July
8th 2014
Colorado Starts New School Finance Lawsuit: How Different than Lobato?

Posted under Courts & Denver & Education Politics & Governor & Independence Institute & School Finance & State Legislature

Back at the end of May I told you about another school finance lawsuit looming in Colorado. Even as my Education Policy Center friends were helping me write that, I could almost hear the distant strains of anguish. Lobato was floating out there for nearly eight years… do we really have to endure the same excruciating twists and turns again?

The answer is “Sort of.” On Friday, June 27, the same law firm that brought you Lobato made it official when they filed Dwyer v State in Denver District Court. The good news is this time they’re not asking to break the bank:

The plaintiffs ask that the negative factor section be stricken from the state’s school funding law and that the legislature be barred from reinstating the factor in another form. The suit does not ask that lost funding be restored.

After all, National Education Association data indicates that Colorado ranks 21st in per-pupil spending. So cries for an extra $2 billion a year in the wake of Amendment 66‘s decisive electoral conflagration might just be scoffed at this point. Continue Reading »

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June
17th 2014
CER Completes Trifecta of Helpful Scholarship Tax Credit Studies

Posted under Courts & Parents & Private Schools & Research & School Choice & State Legislature & Tax Credits

For those wild and crazy policy wonks out there, it’s been quite a past few weeks for reports that speak directly to the adoption of school choice through K-12 scholarship tax credits. And since I’m all pumped up these days trying to help more Colorado Kids Win, that’s about as fun as summer can be. (Well, outside of trips to the beach or Coors Field, or playing soldiers in the backyard with some of my friends.)

First, it was the Friedman’s analysis of regulation in private school choice programs that has me seeing more and more the advantages of the tax credit approach. Then there’s the local ACE Scholarships study that opens doors to better comparisons of public and private school performance.

Now today, the Washington, D.C.-based Center for Education Reform (CER) caps off the trifecta with the totally brand-new Education Tax Credit Scholarships Ranking & Scorecard 2014. They analyze and give out a grade to each of the 14 states with this kind of program, based on important chosen criteria: Continue Reading »

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June
12th 2014
Vergara Big Win for California Kids, But Should We Worry about Courts’ Role?

Posted under Courts & Denver & Education Politics & learning & Principals & Research & Teachers & Urban Schools

Yesterday it was belated high fives all around for a defensive legal victory here in Colorado, as a Denver judge dismissed a union-backed lawsuit to enshrine harmful tenure protections. For anyone in the K-12 education world who may have been sleeping under a rock for a few days, you may not have heard that good policy similarly prevailed Tuesday in the California courts.

I’m talking about the Los Angeles Superior Court judge’s decision in the Vergara case. Nine student plaintiffs, backed by an advocacy group called Students Matter, won their claim that California’a particularly egregious tenure and dismissal laws led to “grossly ineffective instruction” particularly in low-income schools. If higher courts agree, the state’s laws could be thrown out and the legislature made to rewrite them.

It seems apparent to me we have two major issues at play here, potentially in conflict with one another. First, from a policy perspective, the clear and resounding victory has these little legs running and jumping for joy! Come along with me and survey the cheering voices: Continue Reading »

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June
11th 2014
High Fives All Around: Colorado Union’s Pro-Tenure Lawsuit Shot Down

Posted under Courts & Denver & Education Politics & State Legislature & Teachers

I had planned to post this good news with you on Monday. But then sickness intervened. Not me, mind you. But the website itself was maliciously attacked, perhaps by someone who doesn’t like what this little kid has to say. Well, better late than never. And more to come soon.

You hang around these big policy wonk people long enough, and sometimes you can be overwhelmed by all the “nuance” and “qualifications” and “ambiguity.” It’s not every day you get to see the guys in the black hats flummoxed, foiled, and defeated, while the guys in the white hats celebrate a clear-cut victory.

Maybe on one of my grandpa’s old cowboy shows, or on one of the silly cartoons my parents watched growing up. But not so often in education news — unless you count late Friday afternoon: Continue Reading »

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May
27th 2014
A Year without Lobato Means Another School Finance Case Looms in Colorado

Posted under Courts & Edublogging & Governor & School Finance & State Legislature

Life here in Colorado just isn’t the same without a pending school finance lawsuit. For about eight years, the Lobato case lingered in the background — sometimes drearily, sometimes dramatically — as students and teachers, principals and parents, school boards and state lawmakers went about the work associated with their various roles in the K-12 education world.

It was almost exactly one year ago today that the Colorado Supreme Court issued its final Lobato ruling, and I began clinging to a ray of hope for true school finance reform.

What we got instead was the Amendment 66 tax hike, soundly defeated by Colorado voters. In the election’s aftermath, the state legislature came back with the so-called Student Success Act — which gave us a couple small advances but left some real opportunities for student-focused funding off the table.

Then today we read in the Boulder Daily Camera: Continue Reading »

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May
22nd 2014
Arizona, Florida ESAs Show How Colorado Could Help Kids Like Nathan

Posted under Courts & Journalism & learning & Parents & Research & School Choice

A couple months ago I was going wild and crazy (in a good way) with the news that the Arizona Supreme Court upheld the fabulous and liberating Empowerment Scholarship Accounts (ESAs).

We remember a very important reason why a cutting-edge program like this one is so great when we hear directly from the families who benefit. Thanks to the Foundation for Excellence in Education, I came across a terrific letter by Arizona mom Amanda Howard. Her autistic son Nathan struggled in a regular kindergarten classroom, and still wasn’t talking at age 6, when they received an ESA: Continue Reading »

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April
17th 2014
Cheering for New Hampshire Kids to Win Their Day in (the Supreme) Court

Posted under Courts & Independence Institute & Innovation and Reform & Parents & School Choice & State Legislature & Tax Credits

Welcome aboard, Little Eddie’s Virtual Airlines. Yesterday we made a landing in Kansas while skillfully avoiding the munchkins. Today the blog wheels touch down in the Northeast, where oral arguments in an important state supreme court case very recently took place.

Back in 2012 New Hampshire became one of the 13 (soon to be 14) states that have adopted scholarship tax credits. These programs encourage more private donations that give students access to educational choices that better serve their needs. After taking an attempt to roll back the program and nipping it in the bud, school choice in the Granite State took its defense to the courts.

Last June, some “particularly odd” judicial logic shot down part of the scholarship tax credit program. Not just odd, but scary. Namely, that any money you own potentially belongs to the government. Therefore, Judge John Lewis said money that might go to the government cannot help pay for private tuition at a religious school — well, because, I guess…. Continue Reading »

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March
21st 2014
Time to Go Wild: Legal Win for Kids Helped by Arizona’s Cutting-Edge ESAs

Posted under Courts & Governor & Innovation and Reform & Parents & Private Schools & Research & School Choice & State Legislature

Most Fridays I just want to get up, stick my tongue out, yell, and run around like a wild man. Hey, I’m a kid, it’s okay to be crazy. Sometimes it’s a frustrated, “I can’t take it any more”-kind of crazy. Today, it’s a feeling of relief turned into exhilaration. The Federation for Children delivers the great news that the Arizona Supreme Court upholds the state’s cutting-edge Empowerment Scholarship Accounts (ESA) as constitutional: Continue Reading »

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March
17th 2014
Colorado Supreme Court Will Hear Dougco School Choice Case, More Waiting Ahead

Posted under Courts & Education Politics & Independence Institute & Parents & Private Schools & School Board & School Choice & Suburban Schools

One of the fun parts of being an edublogging prodigy is the chance to be spontaneous. Sometimes my plans to write about a certain topic take a back seat when some fresh but long-awaited breaking news. The kind of breaking news that allows me to go back into the archives and stroll down memory lane, while also thinking ahead about what comes next.

This morning the Colorado Supreme Court released its list of case announcements, and what to my young and eager eyes should appear on page 5 but the case of Taxpayers for Public Education v. Douglas County School District. It said “Petition for Writ of Certiorari GRANTED.”

My smart adult friends told me that means the Colorado Supreme Court has agreed to hear about the famous and groundbreaking Choice Scholarship Program, and settle the legal dispute. For those who need a quick refresher about the currently enjoined (inactive) local private school choice initiative: Continue Reading »

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March
7th 2014
Two Michigan Teachers Set Free of Union; Thousands More in Limbo

Posted under Courts & Education Politics & State Legislature & Teachers

Jillian Kay Melchior at National Review adds some great insights to this story, as well.

Freedom for two teachers is better than freedom for none. It’s a good start. Michigan Capitol Confidential reports that “kindergarten teacher Miriam Chanski and hall of fame wrestling coach William ‘Ray’ Arthur” were finally able to get their wish and exit the union.”

After an extended legal showdown, the Michigan Education Association dropped its resistance, but not before doing some damage: Continue Reading »

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