Colorado Voucher Program Halted

In another legal setback to school voucher advocates, Denver District Judge Joseph Meyer has ruled that Colorado's fledging voucher program is unconstitutional because it usurps the authority of local school boards. According to Meyer, "I see no way to interpret the voucher program statute in a way that does not run afoul of the principle of local control."

The Rocky Mountain News reports:

Under the pilot voucher program, 11 districts with eight or more schools that received low or unsatisfactory academic ratings in 2001 were required to participate, and other districts could opt in. Some 3,300 children would participate in the first year and up to 20,000 by the time the plan is fully implemented in 2007.

Critics ... argued that the law violates the Colorado Constitution's ban on state funding of church-supported schools. "Vouchers pose a serious threat to the values that are vital to the health of American democracy," said Bradley Levin, a regional chair of the Anti-Defamation League. But as much as Wednesday's decision made the ADL and others happy, it didn't address the issues of church, state and state-funded activities at a private school.

It's not at all clear that the "local control" principle will stand up on appeal, and the argument of religious liberty may not succeed either. Nevertheless, voucher opponents have won a victory in Colorado, however brief it might eventually turn out to be, and with some luck they may last a while longer.

Read More:

• Separation of Church and State 101
• Religion and Public Schools