Archive for the 'Courts' Category

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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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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