Douglas County School District Sued Again For 'Unconstitutional' Voucher Program
DOUGLAS COUNTY, Colo. (CBS4) - The Douglas County school district is headed back to court for concerns surrounding their voucher program, a debate that began years ago.
In 2011 the county approved a school choice scholarship program, also known as a voucher program.
A lawsuit was then brought against the district and the state Supreme Court ultimately ruled the program was unconstitutional because it included religious schools.
In March of 2016, after a lengthy legal battle, they modified the controversial school voucher program to exclude religious schools.
This decision has since sparked a new debate.
Tim Keller, a senior attorney for the Institute For Justice, represents three Douglas County families in a lawsuit against the county.
"Only families who desire a non-religious private school education are allowed to use the scholarship program. We believe that that is unconstitutional," Keller said.
His clients' children qualify to receive the voucher, but the problem is that they want to use the money to attend a religious high school.
"Their position is simply that if the county is going to provide scholarships to other families in the district that they should be included on an equal basis," he said.
In 2015, when Douglas County learned their original voucher program was ruled unconstitutional, they argued they would not be daunted.
"We will proceed in ways that create more choices for Douglas County students, more freedom for Douglas County households, and more competition for all schools," said Craig Richardson, Board of Education Direction, about the issue a year ago.
In court documents, the district argues they are bound by the state Supreme Court's ruling.
Keller says the district is set to award scholarships next week, and so he's asked a federal judge to make a temporary ruling, allowing his to clients participate in the program.
The hearing is set to begin at 9 a.m. on Thursday.
Karen Morfitt Joined the CBS4 team as a reporter in 2013. She covers a variety of stories in and around metro Denver. Connect with her on Facebook, follow her on Twitter @karenmorfitt or email her tips.
