Archive for the 'Courts' Category

December
15th 2014
Justice’s Slow-Turning Wheel: CEA’s Opening Tenure Appeal Argument

Posted under Courts & Denver & Independence Institute & Innovation and Reform & Journalism & School Choice & Teachers

When I told you last week about the Colorado Supreme Court hearing in the Douglas County Choice Scholarship Program case, it came home just how slowly the wheels of justice turn. At least that’s how it seems from the perspective of a perpetual 5 year old.

But I hadn’t given much thought to how redundant education-related legal proceedings can seem to be until this morning. That’s when I saw the headline from Chalkbeat Colorado, “Teachers union files appeal in mutual-consent lawsuit”. I scratched my head, thinking haven’t we crossed the same point on this road before? Continue Reading »

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December
10th 2014
Can’t Contain My Excitement: Dougco Case Reaches Supreme Court Today

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

It’s days like today that bring home the fact little Eddie is sort of, well, unique. While I didn’t exactly hang my stocking by the chimney with care last night, or try to overcome insomnia with dreams of sugar plums (which are what exactly?), I have been looking forward to today with considerable excitement. Don’t get me wrong: Christmas will be great when it comes in a couple weeks, but there’s only one Douglas County Choice Scholarship Program hearing before the Colorado Supreme Court!

Today at 1:30 PM, to be exact. You can bet little Eddie and many of his bigger friends will be in the vicinity of Denver’s courthouse building. The Denver Post‘s Eric Gorski set the stage with an article earlier this week: Continue Reading »

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October
16th 2014
New Florida Video Sounds the Call for Return of the School Choice Jedi

Posted under Courts & Parents & Private Schools & School Choice & Tax Credits & Urban Schools

A little over a month ago I pointed out how the Empire is striking back through the courts against successful school choice programs that help students and satisfy parents. The main front in the attack is Florida, where the teachers union and school boards association have sued to stop issuing tax credits, a way of taking away thousands of K-12 scholarships. Rather than have me explain, let’s turn to Denisha Merriweather:

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September
11th 2014
Empire Strikes Back against School Choice in Courts; Don’t Give Up!

Posted under Courts & Independence Institute & Innovation and Reform & Parents & Private Schools & School Choice & Tax Credits

A couple days ago I tossed out a Star Trek reference. Today, it’s going to be a Star Wars metaphor. I hope this doesn’t cause any sort of Sci-Fi universe catastrophes, including but not limited to wormholes, disturbances in the Force, or ripples in the space-time continuum.

All that setup to talk about the Empire striking back. This time, though, it doesn’t include Darth Vader, Death Stars, or Storm Troopers. I’m talking about some large organized adult interest groups with high-paid attorneys filing lawsuits to halt promising or successful school choice programs. A couple weeks ago we smiled together at the good news for New Hampshire kids in surviving that state’s legal challenge.

But my post also featured my reaction to news of a new lawsuit against Florida’s scholarship tax credit program: Continue Reading »

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September
5th 2014
Michigan Judge Calls Out Union Opt-Out Policy as Unfair to Teachers

Posted under Courts & Education Politics & Independence Institute & Teachers

My dad once told me a story about when he was a little kid, not much older than I am now. He saw one of the bigger kids on the school playground holding a few of the smaller kids’ lunch money hostage. This bully said he had taken their money for the privilege of being his friend, and that he might give the money back if they individually came to meet him right after school in the back alley.

Overhearing the bully’s explanation was my dad, who came into the scene, shouting, “Hey, that’s not fair! Just give their money back.” As the story is told, the bully turned to my dad with a clenched fist held up, and a mean look on his face: “Shut up, you little [doodyhead]!”

“If you don’t give them back their money, I’m going to tell the teacher,” my dad bravely continued.

The bully looked even angrier. “Brilliant idea,” he said sarcastically. “If the teacher finds out, we won’t be able to play ball out here anymore. Obviously, you just want to ruin recess for everyone.” Continue Reading »

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August
28th 2014
New Hampshire Ruling for Kids & Tax Credits Makes Me Smile Wider

Posted under Courts & Education Politics & Parents & School Choice & Tax Credits

“Good news for educational freedom!” Words that can light up my day, right up there with “Free Legos” and “of course, you can have another scoop of Superman ice cream.” (Sadly, too many kids are left Waiting for Superman… Okay, okay. Enough groaning already.) Specifically, the latest good news comes compliments of the “merry band of litigators” at the Institute for Justice:

Today the New Hampshire Supreme Court reversed the Superior Court for Strafford County and saved the state’s tax-credit scholarship program. The program provides low-income families with education scholarships, which parents may use to send their children to a private school, a tuition-charging public school in a neighboring school district or to pay for homeschooling expenses. The plaintiffs were several state taxpayers who were philosophically opposed to the program. The court held that the plaintiffs lacked the necessary personal injury to challenge the program.

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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 »

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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 »

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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 »

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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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