Law & Courts

Arizona Voucher Programs Lose in State’s High Court

By Erik W. Robelen — March 30, 2009 1 min read
  • Save to favorites
  • Print

The Arizona Supreme Court has struck down two specialized voucher programs, ruling that they violate the state constitution’s prohibition on providing state aid to private religious and secular schools.

As a result of the March 25 decision, the estimated 450 students in the two programs—one for students with disabilities and another for those living in foster care—will lose their state-funded scholarships at the end of the current academic year.

Supporters of the two voucher plans, enacted in 2006, argued that students and their parents were the true beneficiaries of the programs. But the five-member Arizona Supreme Court in a unanimous ruling in Cain v. Horne said the programs still violated constitutional restrictions.

“These programs transfer state funds directly from the state treasury to private schools,” Justice Michael D. Ryan wrote. “That the checks or warrants first pass through the hands of parents is immaterial.”

The state court of appeals overturned a trial judge last year and ruled in May that the programs were unconstitutional. A state Supreme Court justice let the programs continue during the current school year while the decision was pending at the high court.

The legal challenge was mounted by groups including the Arizona Education Association—an affiliate of the National Education Association—the American Civil Liberties Union of Arizona, and the Arizona School Boards Association.

“We thought the language of the Arizona Constitution was clear, and we thought that if the court applied that language, this would be the result,” said Donald M. Peters, the lead counsel for the plaintiffs.

But Timothy D. Keller, the executive director of the Arizona chapter of the Institute for Justice, and the lead attorney for the defendants, said, “the court got this one wrong on both the law and the facts.”

He said “this is not the end of the line for school choice in Arizona,” adding that families still might be able to receive aid through one of the state’s existing tax-credit-funded scholarship programs.

Mr. Keller also said he did not view the Arizona ruling as having significant implications for voucher battles in other states.

The Associated Press contributed to this story.
A version of this article appeared in the April 01, 2009 edition of Education Week as Arizona Voucher Programs Lose in State’s High Court

Events

Budget & Finance Webinar Creative Approaches to K-12 Budget Realities
What are districts prioritizing in 2026? New survey data reveals emerging K-12 budgeting trends.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
From Coursework to Careers: Expanding Work-Based Learning and Industry Credentials in CTE
Expand work-based learning and industry credentials in CTE to connect classroom learning with real careers and prepare students for future success.
Content provided by Project Lead The Way
College & Workforce Readiness Webinar Data-Driven and District-Ready: What EdWeek Research Tells Us About the CTE Market
Discover how to sharpen your positioning in a fast-moving market of CTE with actionable strategies grounded in EdWeek Research Center data.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Opinion How State Courts Are Quietly Shaping U.S. Education
In education, the real action is often at the state level, not in Washington, explains Derek Black.
8 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week
Law & Courts Federal Judge Strikes Down Trump's $100,000 Fee on New H-1B Visas
Schools and states say filling teacher and doctor vacancies was hard enough before the fee hike.
3 min read
President Donald Trump talks with reporters before boarding Air Force One at John F. Kennedy International Airport in New York, early on June 9, 2026, as Environmental Protection Agency director Lee Zeldin, left, and Interior Secretary Doug Burgum listen.
President Donald Trump talks with reporters before boarding Air Force One at John F. Kennedy International Airport in New York early on June 9, 2026 as Environmental Protection Agency director Lee Zeldin, left, and Interior Secretary Doug Burgum listen. A federal judge in Boston has struck down Trump's elevated, $100,000 fee for H-1B visas that employers use to hire foreign workers for hard-to-fill positions.
Mark Schiefelbein/AP
Law & Courts Opinion Why the Supreme Court’s Ruling on Conversion Therapy Matters for Schools
A recent case puts religiously motivated speech ahead of the well-being of LGBTQ+ youth.
Jonathon E. Sawyer
5 min read
lgbtq student backpack with rainbow spectrum flag on stairs isolated
Education Week + iStock/Getty
Law & Courts Birthright Citizenship Case Raises Stakes for Schools and Undocumented Students
Educators are paying close attention to the case on Trump's birthright citizenship order.
10 min read
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House in Washington, Jan. 20, 2025.
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House on Jan. 20, 2025. The order, now before the U.S. Supreme Court, seeks to limit citizenship for some children born in the United States to immigrant parents without permanent legal status.
Evan Vucci/AP