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April 2003
On April 16, Colorado Gov. Bill Owens signed into law the state’s first school voucher program, giving Colorado the designation of being the first state to pass voucher legislation since the U.S. Supreme Court confirmed the constitutionality of such programs last year.
Colorado joins three other states that offer targeted school voucher programs: Wisconsin, Ohio, and Florida.
The law would apply to any Colorado district with eight or more schools that rate poorly under the state accountability system. Eleven school districts, including Denver and Colorado Springs, are currently eligible. Other school districts can participate voluntarily by school board vote.
Eligibility requirements for students to receive a voucher are complicated, but were designed to target low-income and under-performing K-12 students, those most likely in need of expanded educational opportunities.
Beginning in the fall of 2004, students in participating districts will be eligible for a voucher if they meet several criteria. An eligible student must attend school in the participating district and be eligible for free or reduced-price lunch. Of these students, those in grades K-3 must meet selected at-risk factors or live near a neighborhood school rated “low” or “unsatisfactory” by the state to be eligible for a voucher. Students in 4-11th grade must have scored unsatisfactory on at least one subject on their most recent state test to qualify.
For the first year in 2004-05, no more than one percent of a participating school district’s enrollment in 2003-04 are eligible. This percentage will grow by one or two percentage points each year until it reaches a maximum of six percent of a district’s population.
The Rocky Mountain News estimates that “about 3,200 [students] … will be eligible when the program begins. That number can grow to about 20,000 students when the program is fully implemented in fall 2007 –- potentially making Colorado’s program the largest in the nation.”
Vouchers will be worth 75 percent of state per-pupil funding for elementary and middle schoolers and 85 percent for high schoolers. The rest of the funding stays with the school district. This year, the statewide average for per-pupil funding is $5,795, according to the Rocky Mountain News.
The Washington-based Institute for Justice (IJ) has indicated that it is prepared to defend the program against any lawsuits. IJ was a key player in defending the Milwaukee and Cleveland school voucher programs before both state and federal Supreme Courts. Read the links below for more information on the voucher program:
Text of Colorado program legislation
"Districts hit with voucher startup costs," The Denver Post, 9/14/03
"National group files to help state defend new vouchers law," Associated Press, 5/29/03
"Groups challenge new voucher program," Associated Press, 5/20/03
"Colorado enacts first school voucher program since key Supreme Court ruling," Associated Press, 4/17/03
"Voucher Program is Law; Owen Signs Bill to Use Public Funds for Private Schooling," Rocky Mountain News, 4/17/03
"Vouchers gain an early foothold Colorado ready to approve plan, the first since high court's ruling," USA Today, 4/02/03
"Colorado Poised to OK Vouchers for Needy Pupils," Education Week, 3/12/03
"Voucher bill nearer passage," Denver Post, 2/20/03
"Voucher plan aims at Denver schools: DPS says bill puts onus on district," Denver Post, 1/15/03
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