Archive for the 'Courts' Category

August
27th 2014
Rubric’s Cube: Understanding Colorado’s Recent Voucher Grade

Posted under Courts & Private Schools & Research & School Choice & Tax Credits

We’re all instinctively wary of being graded, I think. Being evaluated can make you a little nervous, and there’s always that slight moment of panic as a teacher hands back an exam. Yet, that information often proves to be extremely valuable. A good evaluation helps you identify strengths, weaknesses, and things you’ll do differently moving forward. Still, it’s always important to look at the rubric being used when you interpret results.

Today, the Center for Education Reform released a new report that grades voucher programs across the United States.  Being well-informed readers of my blog, many of you may recognize the template; the organization has previously released reports that grade state charter laws (Colorado outscored all but eight other states) and scholarship tax credit programs. The voucher grades, however, are brand new.

I know, I know. You want to know how Colorado on the test. But like that infuriating teacher that stands in front of the class making small talk while his students sweat bullets over the stack of graded tests in his hand, I’m going to make you wait. Yes, I’m that guy. Continue Reading »

No Comments »

August
22nd 2014
One Step Forward, Two Steps Back: A Setback for Choice in North Carolina

Posted under Courts & Innovation and Reform & Private Schools & School Choice & School Finance

A lack of progress is always frustrating. I’ve been trying to convince my parents that broccoli is too dangerous to be trusted for months. But my struggles pale in comparison to the frustration that a large number of students and families in the Tar Heel State are facing after yesterday’s unfavorable ruling regarding school choice.

As I mentioned a couple of weeks ago while discussing an Independence Institute/Friedman Foundation amicus brief in the Douglas County Choice Scholarship Program case, I find legalese to be fairly terrifying. Fortunately, the Carolina Journal provides a succinct (and mercifully un-legal) summary:

“[North Carolina Superior Court Judge] Hobgood said providing taxpayer money for the scholarships without curriculum standards or teacher certification requirements ‘does not accomplish a public purpose.’ He added that the program ran afoul of the state’s landmark Leandro decision, which requires the state to provide every child with the opportunity to have a ‘sound, basic education.’” Continue Reading »

No Comments »

August
12th 2014
BFFs of the Court: Chiming in for Choice in Douglas County

Posted under Courts & Innovation and Reform & School Choice & School Finance & Suburban Schools

Court briefs are terrifying to kids like me. They are long, complicated, and governed by a system of rules in which words like “pagination” and “certiorari” are commonplace. And, in a cruelly ironic twist, they are anything but “brief.” Worse still, they have absolutely no pictures. To be honest, I look at most legal briefs as potential stockpiles of spit wad ammunition, not worthwhile entertainment reading.

That said, when someone files a legal brief aimed at supporting increased educational choice, it’s hard not to take notice. Such is the case this week.

Back on August 4, my friends at the Independence Institute and the Friedman Foundation for Educational Choice filed an amicus brief on behalf of Douglas County School District in the ongoing litigation over its pilot Choice Scholarship Program. As you may remember from one of my previous posts, the Colorado Supreme Court agreed to hear the case after an appellate court overturned a lower court’s initial ruling against the program.

As David Kopel, the brief’s filing attorney, outlines in a recent blog post, this particular amicus brief is heavily focused on Choice Scholarship Program’s design and the empirical evidence on voucher programs in general. Continue Reading »

1 Comment »

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 »

No Comments »

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 »

No Comments »

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 »

No Comments »

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 »

1 Comment »

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 »

1 Comment »

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 »

21 Comments »

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 »

No Comments »

Next »