Decisions & Choices

Douglas County voucher supporters encouraged by Supreme Court decision in similar case

James Lyons, representing the Douglas County School District, speaks during oral arguments at the Colorado Supreme Court in the Douglas County vouchers case. (Photo by RJ Sangosti/The Denver Post)

A significant U.S. Supreme Court ruling Monday on a church-state issue opens a new chapter in a court fight over a Douglas County private school voucher program, with both supporters and opponents finding encouragement in the high court’s decision.

The court ruled that the state of Missouri violated the U.S. Constitution when it barred a church-run preschool from participating in a state program that repaved playgrounds.

While the court’s narrow 7-2 decision fell far short of legalizing private school voucher programs, it still has implications for the Douglas County program, which the state Supreme Court rejected.

Most likely, observers said, the Douglas County case will be kicked back to the Colorado Supreme Court for examination under the precedent the U.S. Supreme Court set with its new ruling. Or the U.S. Supreme Court could hear the case, the preferred outcome of voucher backers who would like to set a more sweeping precedent for their cause.

“This is a huge victory for folks who are believers in religious liberty,” said Ross Izard, a senior education policy analyst at the Independence Institute, a Denver-based free-market think tank. “Unfortunately for those of us who are invested in the school choice movement, it doesn’t accomplish everything we hoped it would.”

The legal fight over vouchers has engulfed the suburban school district south of Denver since 2011. That’s when a new conservative school board established the Choice Scholarship Program.

Unlike other voucher programs, which are designed to provide low-income families with educational alternatives, the Douglas County program was opened to all students in the district with a median household income of $107,650.

Lawyers representing the Douglas County School District and families who participated in the voucher program before it was halted by a lower court said they expect the Supreme Court to decide this week whether they’ll take up the years long debate over the voucher program.

“We’re certainly encouraged,” said William Trachman, general counsel for the Douglas County School District. “The policy reasons that underlie the program are to give students educational choice. That’s what Douglas County cares about.”

The Colorado Supreme Court ruled in 2015 that the Douglas County School District’s voucher program, which would have allowed parents to use taxpayer dollars to send their students to private religious schools, was unconstitutional.

The state’s constitution includes a provision that forbids tax dollars to be used by religious institutions. Colorado is one 38 states that have these so-called Blaine Amendments.

The district, along with three Douglas County families and Colorado’s attorney general, later appealed to the U.S. Supreme Court. The U.S. Supreme Court has held the case for nearly two years as it considered the Missouri case, Trinity Lutheran Church of Columbia, Inc. v. Comer.

In that case, Trinity Lutheran sued the state of Missouri after it prohibited the church from participating in a state program that used recycled tires to resurface playgrounds.

The U.S. Supreme Court said the state could not prohibit the church from participating in the program since the benefit of the program — new asphalt for the playground — was secular and did not further the church’s religious mission.

That’s an important distinction opponents to the Douglas County voucher program highlighted in reacting to the decision.

“The majority opinion in Trinity Lutheran explicitly distinguished the facts in that case from cases like ours where government funds run afoul of state anti-establishment clauses because the funds are being used to pay for religious education,” Cindy Barnard, president of Taxpayers for Public Education, a nonprofit that supports traditional public schools, in a statement. Barnard was the original plaintiff in the Douglas County voucher case.

Mark Silverstein, legal director of the Colorado ACLU, one of the organizations that argued against the voucher program, echoed Barnard.

“The Douglas County school district’s voucher program violated the state’s constitution as of yesterday. It violates the state constitution even today,” he said. “This case today is not about using public money for religious indication. And that’s a distinction I believe most of the justices see as important.”

Sticker shock

In Illinois, child care costs eclipse rent, making it one of least affordable states  

The average annual cost of child care now outpaces what families spend on a year of rent in Illinois, according to a new report that examines child care costs nationwide.

Illinois is one of the 15 least affordable states in the country, according to the report from the Virginia-based nonprofit Child Care Aware of America. The nonprofit examined costs across the United States and adjusted them for median income and cost of living.

“Families are seeing that child care is a significant portion of the bill they have to pay,” rivaling the cost of college tuition, rent, and even sometimes mortgage payments in some areas of the country, said Dionne Dobbins, senior director of research at Child Care Aware.  

The average annual cost of center-based care for an infant in Illinois has reached $13,474 — which is a staggering 52 percent of the median income of a single-parent family in the state and nearly 15 percent of the state’s median married couple’s income.

That figure put it 13th among the least affordable states, which were ranked by the percentage of a single-parent family’s income spent on child care. Massachusetts topped out at nearly 65 percent of a single-parent family’s median income for center-based infant care.

In Illinois, care for toddlers and older children before and after school also consumed a greater percentage of a family’s income compared with other states. Illinois ranked 14th for toddler care as a percentage of median income, with an average cost of $11,982 for full-time toddler care at a center.

The state was among least affordable for the cost of three months of summer care.

 

Illinois offers a child care subsidy intended to offset the costs of care for low-income working families, but that program has been rocked by shifting eligibility requirements and compliance issues. Participation in the program has dropped by a third since 2015, when Gov. Bruce Rauner’s administration changed eligibility requirements.

Dobbins said that, across the United States, child care subsidy programs are under pressure as states tighten compliance and lower reimbursement rates. In some states like Illinois, rising minimum wages have rendered some families ineligible for subsidies or staring down co-pays that they can’t afford.

Dobbins said that nationally, only one in six children eligible for subsidized child care actually ends up using it.

 

words of advice

Here’s advice from a social worker on how schools can support transgender students right now

PHOTO: Getty Images
A flag for transgender and gender noncomforming people is held up at a rally for LGBTQ rights at Washington Square Park.

Soon after news broke that the Trump administration could further roll back civil rights protections for transgender students, one New York City teacher sent an email blast to her fellow educators.

She was searching for materials to use in biology class that reflect people of different gender identities, but couldn’t find anything.

Many city educators may similarly grapple with how to support transgender students after it was reported that the Trump administration is considering whether to narrowly define gender based on a person’s biology at birth — a move that could have implications for how sex discrimination complaints in schools are handled under federal Title IX.

Olin Winn-Ritzenberg — a social worker at the Lesbian, Gay, Bisexual and Transgender Community Center — has some tips for navigating the questions and emotions this latest proposal might surface. He runs a support group for transgender teens and their peers who want to be allies, and says the most important advice is to just be willing to talk and listen.

“I don’t think it’s the kind of thing that you want to wait until somebody is in crisis,” he said. “By bringing it up ourselves, we’re modeling support.”

Here’s what he had to say about recognizing transgender students, the protections that New York City and state offer, and some mistakes to avoid.

This interview has been edited for length and clarity.

What are your tips for how to explain the news to students and young people?

If it’s news like this, that’s hard to maybe pin down what it exactly means (this was a memo, and does it have teeth? What does it mean?) I would look to them for the feeling of it. That’s what’s really important and a lot of what’s going on is just fear mongering, and a denial of trans existence. And that is something our young people will be able to speak to, to no end, and that they’re not strangers to — especially under this administration.

I would want to help ground things and offer some reassurance that a memo doesn’t have teeth and that we can look to our local New York City and state protections — that we’re lucky to live in a place that has such strong protections, especially for students.

What kinds of protections should New York City students expect to have in schools?

A student in New York City could expect to use the facilities that align with their identity, and could expect to possibly see all-gender facilities in their schools — as there are more and more of those being converted. They can expect to be able to file or register a complaint of discrimination against other students or even staff, and can expect to have an LGBT liaison within the Department of Education. They can expect to have their name and pronoun respected and utilized, and come up with a plan with a staff member around, if they’re transitioning socially or in any form at school, how they would like to be supported and how that looks in each unique situation.

It doesn’t always happen. But the fact that we do have it in policy means that there’s a means to pursuing it and that the institution is on the side of the trans or gender non-conforming student and would help to rectify any situation that’s feeling unsafe or unsupportive.

How can teachers and adults show support for their transgender students right now?

I don’t think it’s the kind of thing that you want to wait until somebody is in crisis. It shouldn’t be necessarily on any student to bring it up. By bringing it up ourselves, we’re modeling support. Even though this is a memo and we’re all waiting to see what they’re going to try to do with it, we know the intentions behind it…

I think we can speak directly to that and not make the debate about, ‘Is there or isn’t there a trans experience?’ That’s maybe one of the most powerful things. Yes, we exist. And if you’re an ally: ‘I’m a witness. You exist. You’re valid and as valid as anybody else.’

What would that validation look like in a school setting, say, if you’re a math teacher?

I think that making things visible is powerful. So if there’s a public bulletin board in a hallway and it says, ‘We stand with our trans staff and students,’ and then people have an opportunity to sign it.

I really think it can be an individualized response by a school depending on that school’s culture and if there is leadership by students, say, ‘We would like to be vocal and explicit in our support. You come up with the idea.’ Or, not to put it on them but say, ‘We’d love to be guided or get input from you on how to do that,’ so it is, wherever possible youth and trans-led.

Say, ‘What do you need and what can we provide?’

What should teachers and adults avoid saying or doing at a time like this?

I think a common, misguided mistake — that’s not necessarily hateful, but is really harmful nonetheless — is propping up a debate that’s going to hinge on ‘Do trans people exist?’ Or, ‘Defend or argue against sex being a binary, scientific, biological basis to view narrowly.’  

If a teacher wanted to engage with this but the assignment were more like, ‘What are your thoughts,’ there is so much education that needs to be done first — and that can put a person’s very identity and being up for debate in a classroom setting.

Another really bad thing would be just to ignore it because people are maybe scared of going there or don’t know what to do.