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But if a judge rules differently, he said, would-be voucher students will be welcomed back into the Douglas County public schools 鈥渨ith open arms.鈥�

Two lawsuits filed Tuesday in Denver District Court seek to shut down Douglas County鈥檚 pilot voucher plan, set to launch this fall with up to 500 students.

District leaders, who are moving to finalize the structure of the , said they won鈥檛 pause in their activity unless ordered by a judge.

鈥淲e鈥檙e moving forward unless and until the court tells us not to,鈥� said Robert Ross, legal counsel for the Douglas County School District. 鈥淭he district is ready to vigorously defend our actions.鈥�

The American Civil Liberties Union and Americans United for Separation of Church and State are providing the legal muscle for the first suit, with a handful of Douglas County parents, the Interfaith Alliance of Colorado and two clergy who are Douglas County residents serving as plaintiffs.

鈥淚 think that if public education is as important to the future of our nation as I believe it to be, we have to speak up,鈥� said James LaRue, named as lead plaintiff in the lawsuit with his wife Suzanne.

鈥淚 am not opposed to educational reform,鈥� said LaRue, who helped start a charter school in Douglas County. 鈥淢y concern is it seems so clearly to be trying to use public monies and transfer them to private religious entities.鈥�

The second lawsuit was brought by Taxpayers for Public Education, a Colorado non-profit formed earlier this year to oppose the voucher effort. Cindra Barnard, the group鈥檚 president, and her son, a high school senior, also are listed as plaintiffs.

Both suits name the same four defendants鈥攖he Douglas County school board, the Douglas County school district, the Colorado Department of Education and the State Board of Education.

鈥淭his is a program we believe lacks accountability, it is inequitable and it is financially flawed,鈥� Barnard said. 鈥淎nd it will reduce funding for every public school student in the state of Colorado.鈥�

She said the Denver law offices of Faegre and Benson and Boulder attorney Alexander Halpern are providing legal services at no cost to the group, though members are hoping for contributions.

The lawsuits came as Douglas County school board members were scheduled to consider creation of a charter school to serve as the administrative home for voucher students. Placing the students in a single charter鈥攁t least on paper鈥攊s intended to make it easier to track their funding and progress.

鈥淭oday is an important day with the voucher system,鈥� Barnard said Tuesday, noting the board鈥檚 agenda might explain the otherwise coincidental timing of the two lawsuits.

Lawsuits Seek Immediate Halt to Pilot

Both lawsuits are asking Denver judges to put an immediate halt to the voucher plan, which has proven popular with parents and private schools.

In the first application window, nearly 500 eligible students applied for 鈥渃hoice scholarships鈥� worth $4,575 in 2011-12 and 33 private schools sought to join as 鈥減artner schools.鈥� As of Tuesday, district officials said they have signed contracts with 19 private schools and they鈥檝e received 70 applications to fill 21 remaining student slots.

But Gregory M. Lipper, litigation counsel for Americans United for Separation of Church and State, said the legal issues are clear.

鈥淲hat we鈥檙e arguing is that the Colorado constitution and the Colorado statutes are very clear that taxpayer money can鈥檛 be used to fund religious schools or religious education,鈥� he said.

鈥淲e鈥檙e arguing the law is very clear as it is and, because we鈥檙e going to prevail at the end, we鈥檙e entitled to preliminary relief now. If we don鈥檛 get the relief now, the very harm we鈥檙e trying to prevent鈥攖he transfer of taxpayer money to religious schools鈥攚ill happen.鈥�

Ross, the district鈥檚 attorney, said Douglas County officials were not served a copy of the first lawsuit until Tuesday afternoon, as they were holding a press conference, and he was not aware of the second lawsuit until questioned by reporters. So he declined comment on specific allegations in the suits.

But he and , president of the Douglas County school board, said they are confident the voucher pilot will withstand legal scrutiny.

鈥淲e鈥檙e not endorsing any particular form of education,鈥� Carson said. 鈥淲e鈥檙e simply saying that our kids are important enough that they ought to be able to 鈥� seek a quality education at any school that they and their parents choose. That鈥檚 what this issue is about, pure and simple.鈥�

The two lawsuits allege violations of the Colorado Constitution and the state鈥檚 Public School Finance Act, though they differ somewhat on which sections of which constitutional articles are being violated. Key points are similar:

Douglas County is taking public funds provided by the state鈥攎oney required by law to be spent on public schools鈥攁nd using them to pay for tuition at private schools, most of them religious.

Douglas County is ceding control of the instruction of its students to the private schools, which are not directed by elected school board members, and the district is not entitled to per-pupil funding for them.

Colorado state board members and the Colorado Department of Education have assisted the district in developing the voucher program and agreed to the improper use of state funding.

Janelle Asmus, spokeswoman for the state Department of Education, said staff have provided 鈥渢echnical assistance鈥� when Douglas County officials sought their help in the past year.

鈥淭he department made clear that it was not its role or responsibility to approve or disapprove any school option idea thus, underscoring the fact that these decisions were up to the local board of education,鈥� Asmus said in a written statement.

鈥淭o date, neither CDE nor the state board of education has received any official proposal or waiver request from Douglas County Schools; therefore no approval or action has been taken.鈥�

National Voucher Supporters, Foes in Fight

The lawsuits will pit familiar adversaries against each other, making Colorado courtrooms the playing field again for national voucher supporters and opponents.

Tuesday afternoon, the Institute for Justice announced it will seek to intervene on the district鈥檚 behalf in the lawsuit filed by the ACLU and Americans United.

The Washington, D.C.-based Institute, which bills itself as the nation鈥檚 only libertarian public interest law firm, has joined voucher battles across the country. In 2003, it backed Colorado鈥檚 statewide voucher pilot, which was later deemed illegal by the state Supreme Court.

The group could bring needed resources to Douglas County鈥檚 fight, which district leaders say they hope to wage without tapping district funding.

Citing legal action as likely, Douglas County school board members created a legal defense fund to accept contributions when they voted 7-0 in March to approve the voucher plan.

鈥淚 don鈥檛 know if there鈥檚 much in there at all at this point,鈥� Ross said Tuesday. 鈥淚 imagine that, after this action by the ACLU, that will change.鈥�

The ACLU and Americans United also weighed in on Colorado鈥檚 2003 voucher plan鈥攊n opposition. Lipper, with Americans United, said the group keeps an eye on voucher activity across the country.

鈥淎necdotally, it seems like we鈥檙e starting to see more,鈥� he said. 鈥淪ome elected officials in some states seem to attempt to cast public schools as the problem. Our position is, to the extent there are things in public schools that need to be improved, the solution is to improve them鈥攏ot to harm them further by taking their funding and putting it in the hands of religious institutions.鈥�

Not all Douglas County families agree. Today, a lottery is scheduled to fill the remaining slots in the voucher pilot for fall. With 70 applications and only 21 seats, district officials say they鈥檒l use the lottery to fill those spots and establish a rank order on a waiting list.

鈥淚t is our intent to deliver on this program,鈥� said Christian Cutter, Douglas County鈥檚 assistant superintendent of elementary education.

But if a judge rules differently, he said, would-be voucher students will be welcomed back into the Douglas County public schools 鈥渨ith open arms.鈥�