Choice and consequences

Could school vouchers come to Colorado under a Trump administration? It’s a long shot.

PHOTO: RJ Sangosti/The Denver Post

Donald Trump’s selection of conservative Michigan billionaire Betsy DeVos to lead the federal education department has spurred plenty of speculation about whether the new administration can make good on a campaign promise to fund a nationwide school voucher program.

DeVos is an adamant supporter of vouchers and has spent her personal wealth to champion advocates of school choice including some in Colorado, such as U.S. Sen. Cory Gardner, a Republican from Yuma.

Gardner, who supports vouchers, received $5,200 from DeVos during his 2014 Senate run.

Trump’s plan, outlined in one of his few education policy speeches, pledged $20 billion of existing federal dollars to be sent to the states as grants for low-income students to use at private schools.

Details have yet to surface, and likely won’t for several more months. And while it would be a significant uphill battle for that plan to become federal law and an even greater feat for vouchers to become a reality in Colorado, it isn’t totally outside the realm of possibility.

Here’s how a Trump administration bring vouchers to Colorado, a state that has wrestled with the thorny subject for nearly two decades.

First, Congress would have to act.

That’s a big first step, especially since lawmakers in Washington just passed bipartisan legislation that rewrote the nation’s education laws.

“Lawmakers used a lot of time and effort in Congress to write the Every Student Succeeds Act,” said Michelle Exstrom, a program director for the National Conference of State Legislatures.

She added that many Republican lawmakers walked away happy and are likely to turn their attention to other issues, such as health care reform.

Even if there was interest in passing new legislation that would authorize a federal voucher program, the money would need to come from somewhere. As Education Week pointed out, lawmakers probably won’t be in keen on repurposing any current federal funds spent on education.

But let’s pretend everything goes as planned in Washington. Then what?

For a federal voucher plan to fly in Colorado, it would have to meet at least two basic legal requirements: First, the program would have to be voluntary for local school districts. Second, no state funds could be used to fund vouchers to religious schools (at least for now).

James Lyons, representing the Douglas County School District, speaks during oral arguments at the Colorado Supreme Court in the Douglas County vouchers case.
James Lyons, representing the Douglas County School District, speaks during oral arguments at the Colorado Supreme Court in the Douglas County vouchers case.

Both requirements stem from previous state Supreme Court decisions on vouchers.

The first decision was handed down in 2004 after Republican Gov. Bill Owens and a Republican legislature tried to create what would have been the largest statewide voucher system at the time. The plan would have allowed students in 11 low-performing school districts to use 85 percent of the state’s per pupil funding amount to go to a private school.

The Colorado Supreme Court, however, ruled that the state could not mandate how school districts use the local tax revenue that funds their schools. That, the court said, would violate the state’s constitutionally protected local control of schools. (The state’s per pupil funding amount is made of taxes collected by the state and local counties.)

The second decision comes from a more recent Supreme Court decision about the Douglas County School District’s voucher plan. The Supreme Court ruled the program was unconstitutional. While four justices said the program was unconstitutional, only three said it was violated a part of the constitution that forbids state funds to be used at private religious schools.

Eric Hall, who represented the Douglas County School District, argues that creates some ambiguity about whether Colorado could use state funds to match federal dollars.

“There isn’t a precedential ruling on whether (the constitution) prohibits tax dollars being spent at private religious schools,” he said. “That will have to be ironed out at some point.”

But Mark Silverstein, legal director for the American Civil Liberties Union of Colorado, said he believes the constitution is clear on the matter.

“I would imagine the state constitution would remain a bar for the state participating in a plan that sends state money to private religious schools,” he said.

The Douglas County School District has appealed the state Supreme Court’s decision to the U.S. Supreme Court.

So let’s say Trump’s plan doesn’t require states to kick in money and that school districts could volunteer for the program. What still has to happen to get vouchers in Colorado?

The state education department likely would be responsible for running the program. But before the department would participate, it would seek input from the State Board of Education, the legislature and the governor, said Patrick Chapman, executive director of federal programs for the department.

Douglas County parents protest the district's voucher program in 2010 (Denver Post photo)
Douglas County parents protest the district’s voucher program in 2010 (Denver Post photo)

“We would not move forward with anything that would be illegal or go against their wishes,” Chapman said.

While the governor has never taken a position on vouchers, a split legislature in which Democrats control the House and a state board soon to be controlled by Democrats by one vote does not bode well for voucher supporters.

Rebecca McClellan, a Democrat from Centennial whose recent victory will flip the balance of partisan control on the state board, campaigned on protecting “neighborhood schools” and opposing vouchers.

“I do not favor voucher schemes that drain funding from our public schools and make an already challenging financial picture that much harder,” McClellan said at a candidate forum in Aurora.

Douglas County makes up a small portion of the district McClellan will represent.

after douglas

Betsy DeVos avoids questions on discrimination as school safety debates reach Congress

Education Secretary Betsy DeVos prepares to testify at a House Appropriations Labor, Health and Human Services, Education and Related Agencies Subcommittee hearing in Rayburn Building on the department's FY2019 budget on March 20, 2018. (Photo By Tom Williams/CQ Roll Call)

U.S. Education Secretary Betsy DeVos fielded some hostile questions on school safety and racial discrimination as she defended the Trump administration’s budget proposal in a House committee hearing on Tuesday.

The tone for the hearing was set early by ranking Democrat Rep. Rosa DeLauro, who called aspects DeVos’s prepared remarks “misleading and cynical” before the secretary had spoken. Even the Republican subcommittee chair, Rep. Tom Cole, expressed some skepticism, saying he was “concerned about the administration continuing to request cuts that Congress has rejected.”

During nearly two hours of questioning, DeVos stuck to familiar talking points and largely side-stepped the tougher queries from Democrats, even as many interrupted her.

For instance, when Rep. Barbara Lee, a Democrat from Texas, complained about proposed spending cuts and asked, “Isn’t it your job to ensure that schools aren’t executing harsher punishments for the same behavior because [students] are black or brown?” DeVos responded by saying that students of color would benefit from expanded school choice programs.

Lee responded: “You still haven’t talked about the issue in public schools as it relates to black and brown students and the high disparity rates as it relates to suspensions and expulsions. Is race a factor? Do you believe that or not?” (Recent research in Louisiana found that black students receive longer suspensions than white students involved in the same fights, though the difference was very small.)

Again, DeVos did not reply directly.

“There is no place for discrimination and there is no tolerance for discrimination, and we will continue to uphold that,” she said. “I’m very proud of the record of the Office of Civil Rights in continuing to address issues that arise to that level.”

Lee responded that the administration has proposed cuts to that office; DeVos said the reduction was modest — less than 1 percent — and that “they are able to do more with less.”

The specific policy decision that DeVos faces is the future of a directive issued in 2014 by the Obama administration designed to push school districts to reduce racial disparities in suspensions and expulsions. Conservatives and some teachers have pushed DeVos to rescind this guidance, while civil rights groups have said it is crucial for ensuring black and Hispanic students are not discriminated against.

That was a focus of another hearing in the House on Tuesday precipitated by the shooting last month at Marjory Stoneman Douglas High School in Parkland, Florida.

Rep. Jim Sensenbrenner, a Wisconsin Republican, falsely claimed in his opening statement that Broward County Public Schools rewrote its discipline policy based on the federal guidance — an idea that has percolated through conservative media for weeks and been promoted by other lawmakers, including Florida Sen. Marco Rubio and Utah Sen. Mike Lee. In fact, the Broward County rules were put into place in 2013, before the Obama administration guidance was issued.

The Manhattan Institute’s Max Eden, a leading critic of Obama administration’s guidance, acknowledged in his own testimony that the Broward policy predated these rules. But he suggested that policies like Broward’s and the Obama administration’s guidance have made schools less safe.

“Faced with pressure to get the numbers down, the easiest path is to simply not address, or to not record, troubling, even violent, behavior,” he said.

Kristen Harper, a director with research group Child Trends and a former Obama administration official, disagreed. “To put it simply, neither the purpose nor the letter of the federal school discipline guidance restrict the authority of school personnel to remove a child who is threatening student safety,” she said.

There is little, if any, specific evidence linking Broward County’s policies to how Stoneman Douglas shooter Nicholas Cruz was dealt with. There’s also limited evidence about whether reducing suspensions makes schools less safe.

Eden pointed to a study in Philadelphia showing that the city’s ban on suspensions coincided with a drop in test scores and attendance in some schools. But those results are difficult to interpret because the prohibition was not fully implemented in many schools. He also cited surveys of teachers expressing concerns about safety in the classroom including in Oklahoma CityFresno, California; and Buffalo, New York.

On the other hand, a recent study found that after Chicago modestly reduced suspensions for the most severe behaviors, student test scores and attendance jumped without any decline in how safe students felt.

DeVos is now set to consider the repeal of those policies on the Trump administration’s school safety committee, which she will chair.

On Tuesday, DeVos said the committee’s first meeting would take place “within the next few weeks.” Its members will be four Cabinet secretaries: DeVos herself, Attorney General Jeff Sessions, Secretary of Health and Human Services Alex Azar, and Secretary of Homeland Security Kirstjen Nielsen.

cooling off

New York City charter leader Eva Moskowitz says Betsy DeVos is not ‘ready for prime time’

PHOTO: Chalkbeat
Success Academy CEO and founder Eva Moskowitz seemed to be cooling her support for U.S. Education Secretary Betsy DeVos.

In New York City, Eva Moskowitz has been a lone voice of support for the controversial U.S. Education Secretary Betsy DeVos. But even Moskowitz appears to be cooling on the secretary following an embarrassing interview.

“I believe her heart is in the right place,” Moskowitz, founder and CEO of Success Academy, said of DeVos at an unrelated press conference. “But as the recent interviews indicate, I don’t believe she’s ready for primetime in terms of answering all of the complex questions that need to be answered on the topic of public education and choice.”

That is an apparent reference to DeVos’s roundly criticized appearance on 60 Minutes, which recently aired a 30-minute segment in which the secretary admits she hasn’t visited struggling schools in her tenure. Even advocates of school choice, DeVos’s signature issue, called her performance an “embarrassment,” and “Saturday Night Live” poked fun at her.  

Moskowitz’s comments are an about-face from when the education secretary was first appointed. While the rest of the New York City charter school community was mostly quiet after DeVos was tapped for the position, Moskowitz was the exception, tweeting that she was “thrilled.” She doubled-down on her support months later in an interview with Chalkbeat.

“I believe that education reform has to be a bipartisan issue,” she said.

During Monday’s press conference, which Success Academy officials called to push the city for more space for its growing network, Moskowitz also denied rumors, fueled by a tweet from AFT President Randi Weingarten, that Success officials had recently met with members of the Trump administration.

Shortly after the election, Moskowitz met with Trump amid speculation she was being considered for the education secretary position. This time around, she said it was “untrue” that any visits had taken place.

“You all know that a while back, I was asked to meet with the president-elect. I thought it was important to take his call,” she said. “I was troubled at the time by the Trump administration. I’m even more troubled now. And so, there has been no such meeting.”