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

Student Well-Being K-12 Essentials Forum Boosting Student and Staff Mental Health: What Schools Can Do
Join this free virtual event based on recent reporting on student and staff mental health challenges and how schools have responded.
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
Curriculum Webinar
Practical Methods for Integrating Computer Science into Core Curriculum
Dive into insights on integrating computer science into core curricula with expert tips and practical strategies to empower students at every grade level.
Content provided by Learning.com

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 Can a Network of Tiny, Teacher-Led Montessoris Spread Like Wildflowers?
Do the strengths of this school network hold lessons for traditional public schools?
5 min read
Image shows a multi-tailed arrow hitting the bullseye of a target.
DigitalVision Vectors/Getty
School Choice & Charters Families Lament, Public School Advocates Celebrate End of Controversial Scholarship Tax Credit
The Illinois program prompted fierce debate over the merits of what some equate to a politically volatile school choice voucher program.
Jeremy Gorner, Dan Petrella, and Alysa Guffey, Chicago Tribune
8 min read
Karl, age 5, stands with his dad, Patrick Bittorf, on Nov. 10, 2023, as they join faculty members, students, parents and supporters at a news conference at Chicago Hope Academy to try to save the Invest in Kids tax credit scholarship program.
Karl, age 5, stands with his dad, Patrick Bittorf, on Nov. 10, 2023, as they join faculty members, students, parents, and supporters at a news conference at Chicago Hope Academy to try to save the Invest in Kids tax credit scholarship program.
Antonio Perez/Chicago Tribune via TNS
School Choice & Charters Charter Schools' Building Struggles Highlight Lingering Tensions With Local Districts
Charter leaders say they spend an outsized portion of their budgets on fixing buildings.
7 min read
Image of a blueprint and a dollar symbol.
iStock/Getty
School Choice & Charters Opinion After a Banner Year for School Choice, the Challenge Is to Ensure New Programs Work
Education savings accounts have the potential to be a great reform, but there are practical and political challenges to wrestle with.
8 min read
Image shows a multi-tailed arrow hitting the bullseye of a target.
DigitalVision Vectors/Getty