Tag: Colorado

Colorado Supreme Court Strikes Down School Vouchers

Earlier today, the Colorado Supreme Court ruled that Douglas County’s school voucher program violates the state constitution. 

The Douglas County Board of Education unanimously voted to enact the Choice Scholarship Pilot (CSP) Program in 2011, making it the first district-level school voucher program in the nation. The program granted 500 school vouchers worth up to 75 percent of the district schools’ per-pupil revenue, which was approximately $6,100 in the last academic year. Students could use the $4,575 vouchers at the private school of their choice and the district retained the remaining 25 percent of the funding ($1,525 per voucher student).

However, the ACLU, Americans United for Separation of Church and State, and several local organizations that wanted to protect district schools from competition filed a legal challenge almost immediately. Although they won an injunction from a trial court, it was later overturned on appeal in 2013. Plaintiffs then appealed to the state supreme court.

In a narrow 4-3 decision*, the Colorado Supreme Court held that the voucher law ran afoul of the state constitution’s historically anti-Catholic Blaine Amendment, which says:

Neither the general assembly, nor any county, city, town, township, school district or other public corporation, shall ever make any appropriation, or pay from any public fund or moneys whatever, anything in aid of any church or sectarian society, or for any sectarian purpose, or to help support or sustain any school, academy, seminary, college, university or other literary or scientific institution, controlled by any church or sectarian denomination whatsoever…

The court held that “aiding religious schools is exactly what the CSP does.” Even though “CSP does not explicitly funnel money directly religious schools, instead providing financial aid to student,” the court ruled that the Blaine Amendment’s prohibitions “are not limited to direct funding.”

Proven Reforms to Restrain Leviathan

Back in March, I shared a remarkable study from the International Monetary Fund which explained that spending caps are the only truly effective way to achieve good fiscal policy.

And earlier this month, I discussed another good IMF study that showed how deficit and debt rules in Europe have been a failure.

In hopes of teaching American lawmakers about this international evidence, the Cato Institute put together a forum on Capitol Hill to highlight the specific reforms that have been successful.

I moderated the panel and began by pointing out that there are many examples of nations that have enjoyed good results thanks to multi-year periods of spending restraint.

I even pointed out that we actually had an unintentional - but very successful - spending freeze in Washington between 2009 and 2014.

But the problem, I suggested, is that it is very difficult to convince politicians to sustain good policy on a long-run basis. The gains of good policy (such as what was achieved in the 1990s) can quickly be erased by a spending binge (such as what happened during the Bush years).

Colorado Isn’t Having a Cultural Revolution

In news that will surprise exactly no one, music and cannabis can be pretty nice together:

The cultural revolution that is making marijuana part of everyday Colorado life conquers another established front Tuesday as the Colorado Symphony Orchestra announces a series of performances sponsored by the cannabis industry.

The concerts, organized by pro-pot promoter Edible Events, will start May 23 with three bring-your-own marijuana events at the Space Gallery in Denver’s Santa Fe arts district and culminate with a large, outdoor performance at Red Rocks Amphitheatre on Sept. 13. The events are being billed as fundraisers for the CSO, which will curate a themed program of classical music for each show.

But that’s hardly a cultural revolution: The earliest written mention of marijuana was by the ancient Greek historian Herodotus, who described its users dancing and singing. The rest, as they say, is history.

What’s revolutionary here is the law, which has finally begun treating Coloradans like responsible adults rather than criminals. At least about cannabis: Our laws ought to do the same for all illegal drugs. Doing so will encourage responsible drug use, better scientific research, and better treatment for addicts.

Yes, legal cannabis means we will have to make a few adjustments. But many of them aren’t so bad: “Are drivers sober?” is not a new question, after all. Only now, it’s a question to be answered a little more honestly, and with better treatment from the law. On the whole, that’s clearly for the best.

School Choice Week Grinches in Colorado

Just before National School Choice Week, Democratic state legislators in Colorado killed a school choice tax credit bill. The legislation would have granted tax credits to families with children in private schools worth up to half of the average per pupil spending at government schools or up to $1,000 for homeschoolers.

Democratic Senate President Morgan Carroll did not even give the legislation a fair hearing in the committee that normally takes up education or tax related bills. Instead he assigned it to the State, Veterans, and Military Affairs Committee, locally known as the “kill committee,” where it faced certain doom from legislators apparently impervious to the evidence:

Under SB 33, a family’s tax credit for full-time private tuition costs could not be more than half the state’s average per-pupil amount. While revenues to the treasury would decline,the official fiscal note showed that over time the limited credit amount would reduce state spending even more for each student who exercised an educational option outside the public system.

Still, Democrats on the committee were unconvinced. “I think it will actually detract from the funding of our public schools,” said Sen. Matt Jones (D-Louisville).

Colorado currently has a school voucher program operating in Douglas County.

School Choice Lawsuit Roundup

School choice advocates have been winning in the halls of state legislatures and in the court of public opinion, so opponents have taken to the courts of law. Since the U.S. Supreme Court ruled in Zelman v. Simmons-Harris (2002) that school vouchers are consistent with the First Amendment’s Establishment Clause, opponents of choice have been scrambling to find novel reasons to challenge school choice programs. Here’s a brief summary of school choice lawsuits around the nation:

1) In Louisiana, the U.S. Department of Justice has sued to halt the state’s school voucher program, arguing that it hurts the desegregation effort. The DOJ’s already weak case was further undermined by a new study released today showing that school choice actually improves integration. Since 90 percent of the voucher recipients are black, the DOJ’s lawsuit would have the effect of keeping low-income blacks from attending the schools of their choice.

Earlier this year, Louisiana’s state supreme court ruled that the voucher program was unconstitutionally funded, but otherwise left the program intact. The governor and state legislators adjusted the funding mechanism in response.

2) Two days ago, a group of activists in Oklahoma sued the state over its special needs voucher program, arguing that it violates the state constitution’s ban on using public funds at religious schools. Last year, the state supreme court tossed out a challenge to the program by public school districts, ruling that they did not have standing since they are not taxpayers.

3) On the same day, the Arizona Court of Appeals ruled unanimously that the state’s education savings account program, the first in the nation, is constitutional. Anti-school choice activists had argued that it violates the state constitution’s ban on publicly funding religious schools. The court held that students are the primary beneficiaries and that any “aid to religious schools would be a result of the genuine and independent private choices of the parents.” The decision will likely be appealed to the state supreme court.

Colorado High Court Rejects School-Finance Litigation

By a 4-2 margin, the Colorado Supreme Court has rejected a lawsuit claiming that the state’s method of funding public schools is unconstitutional. It overturned a lower court ruling that had held that the current arrangement of funding fails to meet a requirement in the Colorado constitution that the state operate a “thorough and uniform” system of education. [decision in State v. Lobato via KDVR coverage

For years, pushing their Lobato case in the court of public opinion, school-spending advocates have been decrying Colorado schools as underfunded. The state has been given a series of bad ratings on education scorecards, many of which turn out on inspection to measure quality by how much money is spent—thus ensuring that Colorado, which spends less than many other states, will come off badly. This one, for example, ranks Colorado at “C-minus” for reasons that include low overall spending, low teacher salaries, and the state’s failure to fund “induction, mentoring or reduced workloads for new teachers.” 

When you measure outputs as opposed to inputs, on the other hand, the state comes off looking far better. In this ranking of SAT scores, Colorado scores 15th among the 50 states, the best performance of any Western state. In this ranking based on 4th and 8th grade testing, Colorado comes in 11th among the 50 states, trailing only Washington among Western states. 

But modern school-finance litigation only poses as being about educational quality. Its deeper mission is control—specifically, transferring control over spending from voters and their representatives to litigators whose loyalty is to a mix of ideologues and interest groups sharing a wish for higher spending. As I wrote in a draft chapter on school finance litigation cut for space from my book Schools for Misrule:

In the forty years since the pioneering Serrano v. California (California Supreme Court, 1971) school finance lawsuits have been filed in nearly every state, courts in around half the states have thrown out existing finance systems as unconstitutional, and many of them have ordered states to raise school budgets, not merely change the way in which they are financed. Vast sums have been redistributed as a result. Lawmakers in Kentucky enacted more than a billion dollars in tax hikes. New Jersey adopted its first income tax. Kansas lawmakers levied an additional $755 million in taxes after the state’s high court in peremptory fashion ordered them to double their spending on schools.

While filed on a state-by-state basis, the suits have been very much a coordinated national project. For many years their impetus came from the Ford Foundation and its various grantees, notably the American Civil Liberties Union. Furnishing, presumably, the brains of the operation, law-school-based groups have been instrumental, particularly the Education Law Center at Rutgers Law School in New Jersey. …

The educational establishment had always resented the periodic need to go hat in hand – such a demeaning phrase! – to local electorates for tax and bond measures, as if the voters were somehow the bosses and they the servants. School finance litigation promised a more indulgent master, a jurist or panel of them who (it was hoped) would glance over the rows of costing-out numbers, nod appreciatively and feel good afterward about having done something for the children. … School finance litigation is the ultimate monument to the triumph of governance by litigation at the cost of democracy itself. 

Despite the victory in Colorado, there’s no reason to think this war of forty years’ duration (so far) is drawing to a close. 

Tax Revenues from Legal Marijuana Overstated

There are plenty of reasons to legalize marijuana. But one that has received perhaps too much attention is tax revenue. In this Cato Daily Podcast (Subscribe! via iTunes), senior fellow Jeff Miron argues that tax revenue estimates are simply too rosy.

Miron’s 2010 report, The Budgetary Impact of Ending Drug Prohibition, estimates that the overall fiscal impact (including tax revenue) of legalizing marijuana nationwide could be tens of billions of dollars, the revenue boost that legalization supporters trumpet is overstated.