School Choice & Charters

Cleveland Voucher Decision Appealed To Supreme Court

By Mark Walsh — May 30, 2001 1 min read
  • Save to favorites
  • Print

Advocates of private school vouchers filed long-awaited appeals last week in the U.S. Supreme Court, urging the justices to uphold a program that lets Cleveland schoolchildren use government aid to attend private and religious schools.

Lawyers representing the state of Ohio and the 4,000 children participating in the voucher program filed separate petitions asking the high court to review a federal appeals court ruling striking down the program as an establishment of religion in violation of the U.S. Constitution.

“This case presents in crisp, timely, and urgent fashion one of the most urgent constitutional issues of our day,” says the appeal filed by the Institute for Justice, a Washington organization that represents voucher families in Cleveland.

“Our goal is to end the uncertainty and establish school choice,” said Clint Bolick, who as the institute’s legal director has argued in defense of voucher programs in several court cases.

A panel of the U.S. Court of Appeals for the 6th Circuit, in Cincinnati, ruled 2-1 in December that the Cleveland Scholarship and Tutoring Program violates the First Amendment because of its inclusion of religious schools.The program, which provides annual vouchers worth as much as $2,250, has been allowed to continue operating pending the outcome of a legal challenge led by the major teachers’ unions.

Ohio filed its appeal May 23, and voucher families filed a separate petition the next day.

“These children need a chance,” said Roberta Kitchen, a Cleveland mother whose children use vouchers at a Lutheran school. “I equate sending them back to the public schools with death.”

The Supreme Court has passed up several chances in recent years to consider the constitutionality of including religious schools in government- financed voucher programs, most notably its refusal to review a Wisconsin Supreme Court decision upholding Milwaukee’s voucher program.

But many observers believe the justices may be prepared to accept the Cleveland case for review.

“Certainly, I’m not unaware of the general view of a lot of people that this is the test case,” said Robert Chanin, general counsel of the National Education Association, who has taken a leading role in opposing voucher programs in court. “We’ll just have to see.”

Related Tags:

A version of this article appeared in the May 30, 2001 edition of Education Week as Cleveland Voucher Decision Appealed To Supreme Court

Events

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
Webinar
Smarter Tools, Stronger Outcomes: Empowering CTE Educators With Future-Ready Solutions
Open doors to meaningful, hands-on careers with research-backed insights, ideas, and examples of successful CTE programs.
Content provided by Pearson
Webinar Supporting Older Struggling Readers: Tips From Research and Practice
Reading problems are widespread among adolescent learners. Find out how to help students with gaps in foundational reading skills.
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
Reading & Literacy Webinar
Improve Reading Comprehension: Three Tools for Working Memory Challenges
Discover three working memory workarounds to help your students improve reading comprehension and empower them on their reading journey.
Content provided by Solution Tree

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 Opinion 'This Place Feels Like Me': Why My School District Needed a Microschool
A superintendent writes about adding a small, flexible learning site to his district's traditional schools.
George Philhower
4 min read
Illustration of scissors, glue, a ruler, and pencils used to create a cut paper collage forming a small school.
iStock/Getty
School Choice & Charters Private School Choice Gets Supercharged in Trump's 2nd Term
At the same time, his administration is pledging to dial back the federal role in education.
6 min read
Penelope Koutoulas holds signs supporting school choice in a House committee meeting on education during a special session of the state legislature Tuesday, Jan. 28, 2025, in Nashville, Tenn.
Penelope Koutoulas holds signs supporting school choice in a House committee meeting on education during a special session of the state legislature on Jan. 28, 2025, in Nashville, Tenn. The federal government has made its biggest push yet for school choice under the Trump administration.
George Walker IV/AP
School Choice & Charters Opinion What Could the New Federal Tuition Tax Credit Mean for School Choice?
Just what this new program will mean for your state is still uncertain.
7 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
School Choice & Charters Opinion How Can Education Savings Accounts Serve Students With Special Needs?
The state that pioneered the ESA is overseeing more than 10,000 requests daily from families for education expenses.
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