Some public school districts are putting up road blocks, and others have shown glaring inconsistencies in implementing a new law that allows low-income students to use vouchers for private schools, lawmakers said Monday.

Department of Education officials said they are doing all they can to make sure school districts comply with the new law, even though it may not be in the districts' interests to make it work.

The law, signed in April, allows private schools to apply for 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.

Rep. Nancy Spence, R-Centennial, said there is evidence some school districts are balking at the new program.

"I'd like to determine the reason for glaring inconsistencies among the school districts in accepting the private school applications into the program," she said. "In some instances, the decisions that have been made in regards to accepting schools seem almost arbitrary.

"I'd like to determine if some districts are trying to undermine the provisions of the law and to deny opportunity for certain private schools to serve Colorado's most needy children."

Dick Thompson, superintendent of Catholic schools, said 36 private schools applied for the program in eight of the 11 districts, setting aside 543 seats for children eligible for the grants. He said several school districts in Adams County denied the applications, which were later approved by other districts.

Jane Urschel, associate executive director of the Colorado Association of School Boards, said districts are swamped with paperwork trying to comply with the law.

"We believe the districts have gone above and beyond the call of duty in meeting both the letter and the spirit of the law," she said.

A coalition of education and religious groups is challenging the program in court. It is the first school voucher program enacted since a U.S. Supreme Court ruling upheld one such program as constitutional.

The suit, filed in Denver District Court against Gov. Bill Owens, alleges the program will illegally remove local control from school boards and compel taxpayers to support religious schools.

It also argues the program will siphon significant funds from public schools and will undermine a constitutional requirement that the state provide a free and uniform public school system.
In June, the U.S. Supreme Court narrowly rejected a challenge to a voucher program in Cleveland, saying the program is acceptable because it offers parents a wide choice of private schools. The challenge to Cleveland's program was based on a claimed violation of the First Amendment prohibition against the government favoring one religion over others.