Tag: 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 Court Halts School Voucher Program

Last Friday, a Colorado District Court halted the new and unique Douglas County school voucher program with a permanent injunction. School choice legislation is a little like the Field of Dreams: pass it, and they will sue–and we all know who “they” are. So there’s a tendency to dismiss legal setbacks for the choice movement as purely the result of self-serving monopolists exploiting bad laws or partisan, activist judges. There are certainly cases that fall into that category, but this Colorado ruling isn’t one of them.

Oh, the self-serving monopolists and opponents of educational freedom are no doubt cheering it, but the ruling does not read like the work of a rube or an ideologue, and not all of the state constitutional provisions on which it was based can be dismissed as outdated examples of religious bigotry. The state’s “compelled support” clause, in particular, seems to uphold a fundamentally American idea: that it is wrong to coerce people to pay for the propagation of ideas that they disbelieve. Thomas Jefferson, in his Virginia Declaration of Religious Freedom, called this: “tyranny.”

Obviously, conventional public schools have been a source of such coercion for a very long time–everyone has to pay for the public schools, despite profound objections they may have to the way those schools teach history, literature, government, biology, or sex education. That’s why we’ve had “school wars” as long as we’ve had government schools. And obviously vouchers offer the advantage of giving parents a much wider range of educational options for their children than do the one-size-fits few public schools. But despite this advantage, vouchers require all taxpayers to fund every kind of schooling, including types of instruction that might violate some taxpayers’ most deeply held convictions. That’s a recipe for continued social conflict over what is taught.

If there were no alternative to vouchers for providing school choice, perhaps it would make sense to have a debate over which freedoms should take precedence: the freedom of choice of families or the freedom of conscience of taxpayers–and then to sacrifice whichever one was deemed less worthy. But there is an alternative, and it does not require anyone to be compelled to support any particular type of instruction. I discuss this alternative, education tax credits, in a recent Huffington Post op-ed.