Colorado Supreme Court Strikes Down Voucher Law

NEA, the Colorado Education Association (CEA), and Colorado children, parents, and taxpayers have prevailed in a protracted battle against a state school voucher law that would have provided public tax-funded vouchers to private and religious schools.

The Colorado State Supreme Court ruled on June 28 that the voucher plan approved by the state legislature violates the state Constitution's requirement that local districts retain control over locally raised education funds.

NEA and CEA supported the suit, Colorado PTA v. Owens, on behalf of Colorado parents, educators, and taxpayers in the 11 school districts forced to participate in the voucher program.

People for the American Way (PFAW) also actively supported the legal challenge.

In an official statement, NEA President Reg Weaver said, "If policymakers listen to teachers and parents they will discover that Americans, by overwhelming numbers, support investing in efforts to improve existing public schools rather than funding alternative systems, such as private-school tuition vouchers."

Colorado's Gov. Bill Owens and state legislators defied voters by enacting the voucher program last year. Like voters in other states, Coloradans had rejected previous voucher schemes. They voted down a voucher program in 1992 and in 1996 rejected a tuition tax credit scheme that also would have diverted public funds to private schools, including religious schools.

Nontheless, the voucher plan's proponents are expected to attempt to get around the Supreme Court's objections with a revised proposal and to introduce it in the next legislative session.

The Supreme Court's ruling affirms the earlier conclusion in December 2003 of Denver District Court Judge Joseph Meyer that the voucher law violated the state constitution.

The law, which never took effect because of legal challenges, would have offered vouchers of $4,500 a year to public school students to help cover their tuition at private or parochial schools.

In its 4-3 ruling, the high court said the program requires school districts to turn over a portion of locally raised funds to private schools, over which local school boards have no control, thus violating the Colorado Constitution.

The Colorado Supreme Court's June decision is available online as a Microsoft WORD document.