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.


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.


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.



A lot of people are justifiably outraged at the House budget provision that gives $1 million (and delegates public duties) to the conservative school privatization lobby group, Parents for Educational Freedom of North Carolina (PEFNC). As Rep. Rick Glazier — who tried to amend the budget to shift the money to fund teacher assistants — said yesterday (as reported by Raleigh’s News & Observer):

“This is the first time that I believe in the history of the legislature that we’ve done what this is asking. We’re giving $1 million of taxpayers’ money to an entity to then choose the charter schools to fund. … It is not our job to take away public funds and give them to a private entity to make public decisions.”

In addition to the idea of giving public money to a right-wing lobby group, however, the whole thing is rendered even more remarkable by the circumstances that surround PEFNC’s employment of its executive director, Darrell Allison. Mr Allison, who, according to his group’s website, directs a staff of five, including himself, brings home quite a handsome — even stunning — salary. As Lindsay Wagner reported in January in 2014:

“In 2010, Allison received $107,889 for his work running the non-profit; in 2012, Allison reported an income of $156,582—a 45 percent pay increase in just two years.”
A check of the PEFNC Form 990 tax return for 2013 reveals that his compensation for that year was $167,085. The 2014 report is not yet available. By way of comparison, Gov. Pat McCrory’s salary is $142,265 and State Superintendent of Public Instruction June Atkinson’s is $125,676.

A private Christian school in Fayetteville that has received more than $100,000 in taxpayer-funded school vouchers is now the subject of a criminal investigation into allegations that the head of school knowingly allowed a registered sex offender to work on campus. No criminal charges have been filed in relation to the case.

The offender, whose wife was also a teacher at Freedom Christian Academy, was on that school’s campus doing handyman work during the 2011-12 school year, occasionally coming into contact with students, according to a report filed by the Fayetteville Observer.

The Cumberland County Sheriff’s office executed a search warrant Wednesday to determine if the head of school, Joan Dayton, knowingly allowed the sex offender, Paul Conner, to work at the school.

Conner was found guilty in 2001 of taking indecent liberties and committing a sexual offense with an 8-year-old child. The offense occurred in 1994, when Conner was 30, and he served two years in state prisons from 2001-2003, according to the N.C. Department of Corrections.

“Yes, it’s a long story they obviously don’t want out,” said Dayton in a February 2012 email response contained in the search warrant that was addressed to another teacher who pointed out that Conner was a registered sex offender. “I have had many talks with him and he like lin [sic] were falsely accused. Do you want to hear the story from me?”

The sheriff’s office also investigated complaints that school officials changed grades for athletes and other favored students.

In a statement emailed to parents Wednesday evening and reported on, Dayton said Conner was simply helping his wife with her classroom after school hours and building some shelving for the school.

Ronnie Mitchell, a spokesperson for the Cumberland County Sheriff’s office, says the complainants in the investigation—a parent, teacher and former administrator—say otherwise, noting Conner was on the campus multiple times. Search warrant records also indicate Conner was paid for his work.

Based on the findings of the investigation to date and the affidavit in the search warrant, Mitchell said Dayton did conduct a criminal background check on Conner and knew that he was a registered sex offender, but employed him anyway. Once it was revealed to others that he was a sex offender, she terminated his employment, according to the search warrant.

State law says that registered sex offenders cannot come onto school grounds, regardless of whether they would or would not have arranged contact with students in the form of instruction or caregiving.

Cumberland County Schools Superintendent Frank Till said this would never happen at the district’s public schools.

“It wouldn’t be allowed. We screen all of our people and the principal does not have discretion,” said Till, with regard to hiring registered sex offenders.

Some with criminal backgrounds of lesser offenses are considered for school-based positions, like those who may have shoplifted in the past, said Till.

“But once you abuse a child, there’s no second chance. You’re finished,” Till said, adding that if Freedom Christian’s head of school somehow made it past the elaborate screening process the public schools use, he’d fire her.

Freedom Christian Academy is one of the top five private schools that have received taxpayer-funded school vouchers, formally known as Opportunity Scholarships.

The private religious school has received $108,254 in public dollars 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 school.

State lawmakers passed a 2013 budget that tagged $10 million to be used for the “Opportunity Scholarships” beginning last fall. The vouchers, worth $4,200 per student annually, funnel taxpayer funds to largely unaccountable private schools–70 percent of which are affiliated with religious institutions. Teachers at private schools do not have to be licensed, and, as noted before, do not have to undergo criminal background checks.

The private voucher schools are also free to pick and choose who can attend their schools, in spite of the fact that they receive tax dollars. Freedom Christian Academy requires its applicants to accept Jesus Christ as their Lord, have at least one parent be a follower of Christ and provide a pastoral reference as part of the admissions process.

Superior Court Judge Robert H. Hobgood found the state’s new school voucher program to be unconstitutional last year, but the program has been allowed to proceed while a court battle over the program’s legality continues.

The state Supreme Court is expected to hand down a decision on the constitutionality of school vouchers within weeks, as the House debates a budget bill that could expand the program significantly, adding nearly $7 million to its coffers.

*Investigative reporter Sarah Ovaska contributed to this report.