Fact Sheet on Amended Voucher Program 1. What is the background on the legal proceedings?   After the District began implementing a voucher (“Choice Scholarship”) program that allowed district students to attend private secular and parochial schools with District funds, a lawsuit was filed by multiple parties against the program. The lawsuit alleged, among other things, that the program violated the school finance act as well as a provision in the Colorado Constitution prohibiting the use of local or state funds to aid any institution, “… controlled by any church or sectarian denomination whatsoever …” The District court agreed and permanently enjoined the program. The Colorado Court of Appeals overturned the lower District Court and ordered the program be allowed to proceed. The Appeals court ruled that the prohibition on state funding of religious institutions was not relevant because the nexus between the state and religious institution was broken when the parents made an independent choice as to which school their child could attend and directly paid that school. The Colorado Supreme Court found that the plaintiffs had no statutory standing to bring suit under the school finance act, but overturned the Appeals court’s decision that the program did not violate the Colorado Constitution. 2. What is the difference between this program and the one struck down by the Colorado Supreme Court?  It excludes faith-based schools. In a plurality opinion, the Colorado Supreme Court stated that; Article IX, section 7 of the Colorado Constitution prohibits school districts from aiding religious schools. The CSP has created a financial partnership between the District and religious schools and, in doing so, has facilitated students attending such schools. Based upon this factor alone, the Court found the original program unconstitutional therefore we are proposing a new program that excludes schools based upon religion.    We have also rewritten the program prohibiting private schools from reducing aid to students because they have a grant from the DCSD. Students who participate in the program are no longer part of a District charter school. The district hold-back for administrative costs was reduced to 15% with the superintendent having the authority to reduce it to 5% based upon actual costs to run the program. 3. How will this impact the District’s pending appeal to the United States Supreme Court?  It will not. We still respectfully disagree with the ruling by the Colorado Supreme Court and believe that the United States Supreme Court should overturn that ruling. 4. Have any schools applied for participation?  No. We are establishing the terms of the program first and will discuss with our partner schools once it is adopted by the Board. 5. Have any students been accepted into the program?  6. Not yet. The program will need to be adopted by the Board before offering it to our students. How will we determine whether a school is disqualified for religious reasons?  We will ask the schools about their religious affiliations and independently research their connections with religious organizations and instruction. Based upon this analysis the District will allow participation in the program or reject schools based upon its religious affiliation.