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.

devos watch

Asked again about school staff referring students to ICE, DeVos says ‘I don’t think they can’

Education Secretary Betsy DeVos testifies during a Senate Appropriations Subcommittee hearing on Capitol Hill, June 5, 2018 in Washington, DC. (Photo by Mark Wilson/Getty Images)

Pressed to clarify her stance on whether school staff could report undocumented students to immigration authorities, Education Secretary Betsy DeVos avoided giving a clear answer before eventually saying, “I don’t think they can.”

It was an odd exchange before the U.S. Senate Appropriations Subcommittee, during a hearing that was meant to focus on budget issues but offered a prime opportunity for Senate Democrats to grill DeVos on other topics.

Chris Murphy, a Democratic senator from Connecticut, focused on DeVos’s comments a few weeks ago at House hearing where she said that it was “a school decision” whether to report undocumented students to Immigration and Customs Enforcement.

Civil rights groups responded sharply, calling it an inaccurate description of the department’s own rules and the Supreme Court case, Plyler v. Doe, that says schools must educate undocumented students.

In a statement after that hearing, DeVos seemed to walk back her comments, saying, “Schools are not, and should never become, immigration enforcement zones.” DeVos also referenced the Plyler case on Tuesday, while initially avoiding multiple chances to offer a yes or no response to whether school officials could call ICE on a student.

In response to DeVos’s latest remarks, her spokesperson Liz Hill said, “She did not avoid the question and was very clear schools are not, and should not ever become, immigration enforcement zones. Every child should feel safe going to school.”

Here’s the full exchange between DeVos and Murphy:

Murphy: Let me ask you about a question that you were presented with in a House hearing around the question of whether teachers should refer undocumented students to ICE for immigration enforcement. In the hearing I think you stated that that should be up to each individual state or school district. And then you released a follow-up statement in which you said that, ‘our nation has both a legal and moral obligation to educate every child,’ and is well-established under the Supreme Court’s ruling in Plyler and has been in my consistent position since day one. I’m worried that that statement is still not clear on this very important question of whether or not a teacher or a principal is allowed to call ICE to report an undocumented student under federal law. Can a teacher or principal call ICE to report an undocumented student under current federal law?

DeVos: I will refer back again to the settled case in Plyler vs. Doe in 1982, which says students that are not documented have the right to an education. I think it’s incumbent on us to ensure that those students have a safe and secure environment to attend school, to learn, and I maintain that.

Murphy: Let me ask the question again: Is it OK – you’re the secretary of education, there are a lot of schools that want guidance, and want to understand what the law is — is it OK for a teacher or principal to call ICE to report an undocumented student?

DeVos: I think a school is a sacrosanct place for student to be able to learn and they should be protected there.

Murphy: You seem to be very purposefully not giving a yes or no answer. I think there’s a lot of educators that want to know whether this is permissible.

DeVos: I think educators know in their hearts that they need to ensure that students have a safe place to learn.

Murphy: Why are you so — why are you not answering the question?

DeVos: I think I am answering the question.

Murphy: The question is yes or no. Can a principal call ICE on a student? Is that allowed under federal law? You’re the secretary of education.

DeVos: In a school setting, a student has the right to be there and the right to learn, and so everything surrounding that should protect that and enhance that student’s opportunity and that student’s environment.

Murphy: So they can’t call ICE?

DeVos: I don’t think they can.

Murphy: OK, thank you.

DeVos in Detroit

Betsy DeVos’s first Detroit visit featured Girl Scouts, robots, and talk of beluga whales

PHOTO: Kimberly Hayes Taylor
U.S. Education Secretary Betsy DeVos takes pictures on her phone during the FIRST Robotics World Championship, held in Detroit on April 27, 2018.

Betsy DeVos was all smiles on Friday as she toured the world’s largest robotics competition and congratulated student contestants.

The event was her first visit to Detroit as education secretary. DeVos, a Michigan-based philanthropist before joining the cabinet, has a long history of involvement with the city’s education policies.

It was a friendly environment for the secretary, who has often faced protesters who disagree with her stance on private school vouchers or changes to civil rights guidance at public events. (Even her security protection appeared to be in a good mood on Friday.)

Here are four things we noticed about DeVos’s visit to downtown and the FIRST Robotics World Championship.

1. She got to talk to some local students after all.

DeVos didn’t visit any Detroit schools, and didn’t answer any questions from reporters about education in Michigan. But as she toured the junior LEGO competition, she did stop to talk to a handful of Girl Scouts from the east side of the city.

PHOTO: Kimberly Hayes Taylor

2. She knows a thing or two about beluga whales.

She also stopped to stop to chat with students from Ann Arbor who called themselves the Beluga Builders and designed a water park that economizes water. DeVos asked how they came up with their name, and they told her how much they love the whales. “They have big humps on their heads, right?” DeVos said. “Yes,” they answered in unison.

3. She is an amateur shutterbug.

She stopped often during her tour to shoot photos and videos with her own cell phone. She took photos of the elementary and middle school students’ LEGO exhibits and photos of the robotics competition.

PHOTO: Kimberly Hayes Taylor

4. She was eager to put forth a friendly face.

As she stopped by students’ booths, she often knelt down to children’s eye level. When she posed for group pictures, she directed students into position. And she shook lots of hands, asking kids questions about their projects.