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Last week’s ruling that North Carolina tax dollars may be used to support private schools with literally no standards of accountability at all has generated some scathing editorials from the state’s major newspapers. Here are a few excerpts:

From Raleigh’s News & Observer:

“It is distressing on its face, this idea that public money can go toward the expenses of private schooling. It crosses the divide between public and private, between church and state, between common sense and partisan ideology.

And yet, in a ruling with a clear partisan flavor, the North Carolina Supreme Court, having snatched the confrontation over a school voucher program out of the hands of the N.C. Court of Appeals where it should properly have gone, has upheld the Republican legislature’s voucher program. This is a devastating ruling for the future of public education.”

From the Greensboro News & Record:

“In 1997, the N.C. Supreme Court unanimously delivered its landmark Leandro ruling that declared the state has an obligation to offer every child a “sound, basic education.”

In a 4-3 decision Thursday, the court regrettably took a big step back from that principle, finding that the state’s Opportunity Scholarship Program is constitutional.”

From the Fayetteville Observer (after noting that it does not oppose vouchers):

“That said, we do have a deep concern about the lack of accountability in the voucher program, an issue raised in Justice Robin Hudson’s dissent. ‘The main constitutional flaw in this program,’ she wrote, ‘is that it provides no framework at all for evaluating any of the participating schools’ contribution to public purposes; such a huge omission is a constitutional black hole into which the entire program should disappear.’

The investment of tax dollars must be accompanied by accountability. The General Assembly needs to remedy that problem. If it does, we expect the voucher program to improve the lot of some students who otherwise might fall into the cracks and never see success.”

Stay tuned. There will be lots more like this to come.
News

The N.C. Supreme Court ruled that public dollars can be used for vouchers that allow low-income children to attend private schools in North Carolina, in a ruling released late Thursday afternoon.

That will mean that funding will continue for the voucher program this upcoming school year.

In the 55-page opinion released late Thursday afternoon, N.C. Chief Justice Mark Martin said that the legislation creating the vouchers did not overtly counter the state’s constitution, and therefore the court could not rule the program unconstitutional.

“Our constitutionally assigned role is limited to a determination of whether the legislation is plainly and clearly prohibited by the constitution,” Martin wrote. “Because no prohibition in the constitution or in our precedent forecloses the General Assembly’s enactment of the challenged legislation here, the trial court’s order declaring the legislation unconstitutional is reversed.”

You can read the full decision, including the dissents, here.

Opponents of the measure had argued that the private school vouchers drain needed resources for public schools, and that it violated the state constitution to send public money to unaccountable private schools that are often religious in nature and can pick and choose (or discriminate against) their students.

Proponents, on the other hand, said the “opportunity scholarships” offered a needed educational choice to poor families unable to afford private schooling on their own.

For background, read this excerpt from an earlier article from N.C. Policy Watch reporter Sharon McCloskey:

In December 2013, groups that included taxpayers and the state and local school boards filed two separate lawsuits, alleging that the law violates state constitutional provisions requiring the expenditure of public funds exclusively for public schools, and contending that a voucher program wholly devoid of standards fails to meet the state’s obligation to provide all children with a “sound basic education” and thus does not satisfy the constitution’s “public purpose” provision.

[Superior Court]Judge Hobgood agreed with the challengers and temporarily blocked implementation of the program this past August, but state appellate courts later allowed monies to flow to families already approved for vouchers for the current school year while the cases proceeded in the courts.

The Supreme Court has likewise allowed the application process for vouchers next year to move forward while it considers the appeal.

News

Colorado’s Supreme Court struck down school vouchers on Monday, finding that they violate the state’s constitution because they send public dollars to private, religious institutions.

“Neither the general assembly, nor any county, city, town, township, school district or other public corporation, shall ever make any appropriation, or pay from any public fund or moneys whatever, anything in aid of any church or sectarian society, or for any sectarian purpose, or to help support or sustain any school, academy, seminary, college, university or other literary or scientific institution, controlled by any church or sectarian denomination whatsoever . . . .”

“This stark constitutional provision makes one thing clear: A school district may not aid religious schools. Yet aiding religious schools is exactly what the CSP [school voucher program] does,” reads the court’s opinion, announced by Chief Justice Nance E. Rice.

Read the entire Colorado Supreme Court ruling here.

Colorado’s voucher program was only operational in the Douglas County school district, the state’s third largest—but Monday’s Supreme Court ruling has implications for school districts across Colorado, according to The Washington Post.

North Carolina’s own statewide school voucher program—known as the Opportunity Scholarship Program—is on pause pending a ruling from the state Supreme Court, which could come any day.

At issue? Whether or not the Opportunity Scholarship Program violates North Carolina’s constitution—which, similar to Colorado’s, says that taxpayer dollars should be “used exclusively for establishing and maintaining a uniform system of free public schools.”

Click here for the latest on school vouchers in North Carolina.

News

Senate leader Phil Berger (R-Rockingham) and House speaker Tim Moore (R-Cleveland) filed a motion Tuesday asking the state Supreme Court to allow the controversial school voucher program to proceed for the 2015-16 academic year while the high court continues to debate the constitutionality of allowing families to use public dollars for tuition at private schools.

“Intervenor-Defendants respectfully request that this Court modify its 12 December 2014 Order granting in part a writ of supersedeas and permit the Opportunity Scholarship Program to move forward for the 2014-2015 academic year unimpeded by the Superior Court’s permanent injunction,” wrote attorneys who filed the motion on behalf of Senator Berger and Speaker Moore, who are defendant intervenors in a case that is seeking to halt the school voucher program.

The North Carolina Supreme Court last released opinions on June 11, and many expected a decision on the case at that time from the state’s highest court.

But a decision did not come, and the next scheduled date for Supreme Court opinions is not until August 21 — a point in time, as Tuesday’s motion highlights, when it will be nearly impossible to ensure that the program can continue for the upcoming academic year should the Court decide that the Opportunity Scholarship Program passes constitutional muster. (The Supreme Court is, however, able to issue opinions at any time and without regard to the scheduled dates, if the Court so desires.)

Last summer, Superior Court Judge Robert H. Hobgood put a halt to the Opportunity Scholarships program, enacted by the General Assembly in 2013.

Judge Hobgood found that the program failed constitutional muster for several reasons—chiefly because it funnels public dollars that should be used exclusively for establishing and maintaining the uniform system of free public schools to private institutions instead, which the state holds to almost no curricular requirements or standards of accountability.

“The General Assembly fails the children of North Carolina when they are sent with public taxpayer money to private schools that have no legal obligation to teach them anything,” Judge Hobgood said.

The state, along with defendant-intervenors for parents as well as then-Speaker Thom Tillis and Senate leader Phil Berger appealed Hobgood’s ruling to the Supreme Court, and the Court of Appeals ruled last fall that the program could continue for this past academic year as the fate of the program was debated.

State lawmakers passed a 2013 budget that tagged $10 million to be used for the Opportunity Scholarships beginning in 2014. The vouchers, worth $4,200 per student annually, funnel taxpayer dollars to largely unaccountable private schools––70 percent of which are affiliated with religious institutions.

Proponents of the voucher program say it’s necessary to provide low-income families with options outside of the public school system—especially for those whose schools do not have the means to ensure a student’s academic success.

The House’s 2015-17 budget, passed last month, proposes expanding the school voucher program from $10 million to $17.6 million for the upcoming fiscal year. The Senate’s proposal does the same, but with recurring funds instead and for both years of the biennium.

News

A registered sex offender who worked at a Fayetteville private Christian school that has received more than $100,000 in publicly-funded school vouchers is now facing criminal charges—and the head of the school that hired him has taken a leave of absence, WRAL reports.

Paul Conner, 50, of Mosswood Lane in Fayetteville, is charged with three counts of violating the sex offender registry guidelines and one count of conspiracy, according to the Cumberland County Sheriff’s Office.

The school’s [Freedom Christian Academy] principal, Joan Dayton, submitted a leave of absence to school officials Friday amid an investigation into claims that she allowed Conner to work at the school and that administrators changed student grades.

Dayton has not been charged, but is named in Conner’s arrest warrant as a co-conspirator.

Last week, the Cumberland County Sheriff’s Office executed a search warrant to determine if Dayton, who employed Conner to do handyman work at Freedom Christian Academy, knew beforehand that he was a registered sex offender.

The detective working on the investigation concluded that there was probable cause that Dayton knew of Conner’s status thanks to emails she sent and interviews with teachers, staff and parents.

Dayton has not been charged, but she was named ‘co-conspirator’ in Conner’s arrest warrant, according to WRAL.

The investigation is also looking into allegations that school officials changed the grades of favored students and athletes.

Freedom Christian Academy has received $108,254 in public school voucher funds to date—the state’s fifth largest voucher recipient. Twenty-six of its 500+ students have each been able to use up to $4,200 in public funds to pay for tuition at the private religious school.

—>For more background: Private Christian school receiving $100,000+ in publicly funded school vouchers accused of knowingly hiring registered sex offender

Parents have posted multiple comments on Freedom Christian Academy’s Facebook asking for more answers.

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Stay tuned for further developments.