School Choice & Charters

Lawsuit Seeks To Overturn Arizona Tax-Credit Law

By Lynn Schnaiberg — October 08, 1997 2 min read
  • Save to favorites
  • Print

A coalition of Arizona taxpayers and education groups has launched a legal battle against a new state law that coalition members say amounts to a backdoor attempt to create a school voucher system.

The plaintiffs filed the lawsuit last week in the Arizona Supreme Court, rather than a trial court, in an effort to gain an expedited ruling on the constitutionality of the law, which then-Gov. Fife Symington signed in April. Oral arguments are scheduled for December; the law is slated to take effect in January.

It grants taxpayers up to $500 in state income-tax credits for donating money to nonprofit groups that, in turn, give scholarships to students to attend private schools, including religious ones.

The law also offers taxpayers up to a $200 credit for money they pay to public school for extracurricular activities that require a fee, such as band or sports teams. (“Ariz. Law Grants Tax Credit for Tuition-Aid Donations,” April 16, 1997.)

“The direct voucher plans seem to be faltering in court, so more and more states will be interested in looking at these backdoor methods,” said Robert Boston, a spokesman for the Washington-based Americans United for Separation of Church and State, one of the groups supporting the lawsuit. The suit names as the defendant Arizona’s department of revenue, the agency charged with enforcing state tax laws.

Arizona’s law is unusual, legal experts say, because it is a hybrid. Some states allow parents who send their children to private schools to take tax deductions or credits for the tuition. And many nonprofit groups provide scholarships for low-income children who otherwise would not be able to afford private schools.

‘Fairness and Freedom’

But Arizona’s law offers an incentive for taxpayers to make donations to nonprofit scholarship organizations that provide benefits for more than one school. In fact, the law prohibits parents from taking a tax credit if their donations are to benefit their own children directly. And while taxpayers often claim deductions for charitable donations, Arizona’s law offers a dollar-for-dollar credit for the amount of a specific donation.

Opponents of the law--including teachers’ unions, the state school boards’ association, parents, and some religious leaders--say it violates the Arizona and U.S. constitutions by creating a means of funneling public tax money into private and religious schools.

“It will shortchange public students by millions of dollars,” said one plaintiff, the Rev. Jerry DeGrow of the Shepherd of the Hills United Methodist Church in Sun City West, near Phoenix. “And down the road it will enmesh religious schools in state regulations.”

The law’s supporters point to past court rulings that have upheld tax breaks to parents for private school tuition. They also blasted the plaintiffs for blocking what they say is needed school reform.

Related Tags:

Events

School Climate & Safety K-12 Essentials Forum Strengthen Students’ Connections to School
Join this free event to learn how schools are creating the space for students to form strong bonds with each other and trusted adults.
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
Student Well-Being Webinar
Reframing Behavior: Neuroscience-Based Practices for Positive Support
Reframing Behavior helps teachers see the “why” of behavior through a neuroscience lens and provides practices that fit into a school day.
Content provided by Crisis Prevention Institute
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
Mathematics Webinar
Math for All: Strategies for Inclusive Instruction and Student Success
Looking for ways to make math matter for all your students? Gain strategies that help them make the connection as well as the grade.
Content provided by NMSI

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

School Choice & Charters Tracker Which States Have Private School Choice?
Education savings accounts, voucher, and tax-credit scholarships are growing. This tracker keeps tabs on them so you don't have to.
School Choice & Charters Opinion What's the State of Charter Schools Today?
Even though there's momentum behind the charter school movement, charters face many of the same challenges as traditional public schools.
10 min read
Image shows a multi-tailed arrow hitting the bullseye of a target.
DigitalVision Vectors/Getty
School Choice & Charters As Private School Choice Grows, Critics Push for More Guardrails
Calls are growing for more scrutiny over where state funds for private school choice go and how students are faring in the classroom.
7 min read
Illustration of completed tasks, accomplishment, finished checklist, achievement or project progression concept. Person holding pencil tick all completed task checkbox.
Nuthawut Somsuk/iStock/Getty
School Choice & Charters How a District Hopes to Save an ESSER-Funded Program
As a one-time infusion of federal funding expires, districts are searching for creative ways to keep programs they funded with it running.
6 min read
Chicago charter school teacher Angela McByrd works on her laptop to teach remotely from her home in Chicago, Sept. 24, 2020.
Chicago charter school teacher Angela McByrd works on her laptop to teach remotely from her home in Chicago, Sept. 24, 2020. In Montana, a district hopes to save a virtual instruction program by converting it into a charter school.
Nam Y. Huh/AP