Nation’s Only District-Level Voucher Program Ruled Unconstitutional
CER Press Release
Washington, D.C.
June 29, 2015
The Colorado State Supreme Court in a 4-3 vote today ruled the Douglas County Choice Scholarship Pilot Program unconstitutional.
“While the program was limited, only serving 500 students, it’s extremely disappointing that this option is no longer available to parents as a means for them to choose the best education for their child,” said Kara Kerwin, president of The Center for Education Reform.
The program was set up to allow parents to choose where 75 percent, or approximately $6,000, of the district’s per-pupil funding should be sent as a scholarship to a non-religious or religious private school of their choice.
Although the court decided that voucher opponents lacked standing to challenge the Choice Scholarship Pilot Program under the Public School Finance Act, it ruled the voucher program violated the state’s Blaine Amendment provisions, which place constitutional restrictions on aid to religious schools.
The program has been tied up in legal challenges since its creation in 2011. Opponents prevailed in their initial challenge, but the Colorado Court of Appeals overturned the ruling, upholding the constitutionality of the program in late February 2013.
“With a Parent Power Index score of 76 percent, Colorado still has a long way to go in meeting the demand that exists for parents to be able to choose from a portfolio of education options,” said Kerwin. “While the state does permit parents to choose among traditional public schools within the state if there’s room, it’s essential Colorado create more avenues so more parents are able to access excellent learning environments of all kinds. We stand with Douglas County leaders and parents who will continue to fight for parent choice in education by asking the U.S. Supreme Court to consider this case.”
In 2002, the U.S. Supreme Court in the Zelman v. Simmons-Harris case ruled that the state of Ohio was within its constitutional power to enact a school choice program for Cleveland children.
