Colorado Supreme Court
A one-of-a-kind publicly funded school voucher program suffered a legal blow this morning, as a plurality on a divided Colorado Supreme Court ruled it violated a state ban on aid for religious institutions.
But the case may not be over, and could have implications beyond a single school district south of Denver. Supporters of the Douglas County voucher program say they are weighing an appeal to the U.S. Supreme Court. Such a move could bring new legal scrutiny to Colorado's so-called "Blaine Amendment."
Similar constitutional provisions bar taxpayer money from supporting churches or other "sectarian" institutions, including religious schools, in more than 30 other states. They have often been at the center of legal battles over private school choice.
“Ultimately, we believe this will pave the way for all U.S. students to be free of the yolk of the Blaine Amendment and exercise their free choice in educational opportunities,” Keven Larsen, the president of the Douglas County School Board, said during a news conference responding to the ruling.
The county's program, unique because it is administered by a local school district, will remain closed to parents for now.
Groups — including the American Civil Liberties Union, Americans for Separation of Church and State, and a local organization known as Taxpayers for Public Education —had also challenged the program on other grounds, which courts rejected.
Oklahoma: The state supreme court tosses out a lawsuit challenging a voucher program for special needs students, saying the two school districts that filed suit did not have standing (The Oklahoman).
Indiana: The state supreme court hears arguments over the constitutionality of the state's fledgling voucher program (Indianapolis Star). Enrollment in the state's voucher program skyrockets in year two (Huffington Post).
Colorado: The Colorado State Court of Appeals hears the appeal over the Douglas County voucher program (Denver Post).
Louisiana: The state's voucher program heads to court this week (thetowntalk.com).
Georgia: In the wake of election victories, school choice supporters aim to expand the state's tax credit scholarship program (Atlanta Journal Constitution).
Florida: Incoming House Speaker Will Weatherford creates a new school choice and innovation committee to ensure choice issues don't get lost in the general education discussion (redefinED). (more…)
