Dear Douglas County Families,
This letter is to inform you that the American Civil Liberties Union (ACLU) has filed a lawsuit against the Douglas County School District (DCSD) Scholarship Program. Included in the suit are the Colorado Department of Education and DCSD. As we await the legal proceedings, we wanted to provide you as much information as possible about the case and how it is affecting the program.
Why was DCSD sued?
While DCSD and the Douglas County School Board worked carefully to create a legal scholarship program, which will provide money for 500 Douglas County students to go to several private-partner schools, the lawsuits challenges whether the District can use tax dollars to fund the program. The lawsuits claim Article 9 of the Colorado Constitution states that the government, including school districts, is prohibited from giving money to private schools, churches, etc., and cannot require attendance at religious services. The ACLU and other groups say the scholarship program is a breach of that law.
Is the Choice Scholarship Pilot Program legal?
DCSD strongly believes the program is legal and plans to fight the lawsuit in court. The Choice Scholarship Pilot Program was patterned after four similar programs that were protected by the Colorado or U.S. Supreme Courts. In these cases, which include voucher programs Cleveland, Ohio and Milwaukee, Wis., the key difference was that the students and their families choose where the scholarships are used, including religious schools; not the government or school district. In the case of DCSD’s Choice Scholarship Pilot Program, checks are sent to the parents, who then use them at the private school of their choice.
Didn’t Colorado Courts throw out a previous voucher program?
In 2004, the State Supreme Court struck down a voucher program because it violated the principle of local control of education by school board. DCSD’s Choice Scholarship is different and should withstand a similar legal challenge because it was established by the local school board for Douglas County students, and it is controlled by the school district.
What happens now? Will the Choice Scholarship Pilot Program continue?
The ACLU has stated that it plans to ask the court for an order to immediately stop the program. DCSD will continue carrying forward its plans for this fall?s pilot, unless a court orders a halt to the program. The District will continue the process of sending scholarship checks and setting up the District’s charter school that will administer the program.
Public Feedback
During the creation of the Choice Scholarship program, DCSD held several public forums. The next opportunity to provide your feedback will be during the District Accountability Committee (DAC) meeting on July 12 at 6:30 p.m. The DAC will be reviewing the application of the charter school that will manage the scholarship program. DAC will subsequently share its review with the school board. The meeting is open to the public. Questions and comments regarding the charter school application will be welcome during a designated segment of the meeting.
The Choice Scholarship Pilot Program is in the best interest of our students and the Douglas County School District is ready to defend the ability to provide meaningful educational choices for the students of Douglas County. We continue to believe every student should be empowered to find their best educational fit, whether it is at one of our neighborhood schools, charter schools, or at one of our private-partner schools.
Christian Cutter
Assistant Superintendent of Elementary Education
