A group that has helped defend school voucher programs in more than a dozen states is trying to intervene in a lawsuit challenging Colorado's new voucher program.

The Institute For Justice filed a motion in Denver District Court on Thursday to join the state's defense of the program. The Washington, D.C.-based group represents several families who want to protect the program.

A coalition of education and religious groups sued in May to challenge the legality of the program, the first enacted since a U.S. Supreme Court ruling upheld one such program as constitutional.

"The battleground now turns to Colorado," institute president and general counsel Chip Mellor said. "When the dust settles, the parents and children of Colorado will be the true winners."

The state program will offer publicly financed vouchers to low-income children in kindergarten through 12th grade to help offset private-school tuition. Eleven school districts with eight or more schools that received low or unsatisfactory academic performance ratings must participate; other districts can choose to participate. It will take effect early next year.

Supporters say vouchers help provide high-quality and safe educational opportunities for poor children whose parents cannot afford private or religious school.

"We are here representing parents and children. We're not here lobbying for employees of a broken system," said Pierre Jimenez of Escuela Tlatelolco, a private school in Denver. "Their greatest fear is that it (the voucher program) will work and public schools will have to admit their failure."

Colorado Education Association spokeswoman Deborah Fallin said the teachers' union is one of several groups involved in challenging the law. Teachers' jobs are not at stake, she said.

"This affects a core value of teachers, which is that public education is a foundation of our democracy and public education is where we should put our resources to help all kids," she said.

Voucher opponents argue that the removal of possibly millions of dollars from public schools will hurt the schools and the children.

Charlene Howard, who has two children in a Colorado Springs elementary school, said she doesn't care about arguments that vouchers blur the line between church and state by allowing taxpayer money to go to religious schools.

"My circle of concern is much smaller," she said. "I'm concerned about my children learning in a safe environment. They're my tax dollars and I should be able to choose the school where they're spent."

The lawsuit, filed by the Colorado PTA, Colorado Interfaith Alliance and other supporters, alleged the program will illegally remove local control from school boards and compel taxpayers to support religious schools. It also argued the program will take away significant funding from public schools.

Mellor said the institute's goal is to help the state defend the program and to make sure that parents' and children's interests are brought before the judge. The institute's motion to intervene on behalf of the state requires a judge's approval.
Fallin said the plaintiffs did not oppose the institute's motion to intervene, and Mellor said he expected quick approval.