Law & Courts

Two Voucher Programs Struck Down in Arizona

By Erik W. Robelen — March 26, 2009 3 min read
  • Save to favorites
  • Print

The Arizona Supreme Court yesterday 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, 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.

Though supporters of the two voucher plans, enacted in 2006, argued that students and their parents were the true beneficiaries of the programs, 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 then gave permission for the programs to continue during the current school year, pending the outcome of an appeal to the Arizona high court.

Several Challengers

The legal challenge was mounted by several 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. “They did and we’re gratified.”

Panfilo H. Contreras, the executive director of the Arizona School Boards Association said in a statement, “It was clear from the start that the purpose of these limited voucher programs was to test the legal waters in order to have a more expansive voucher program that would siphon state funds from our public schools to support private, often religious education.”

But Timothy D. Keller, the executive director of the Arizona chapter of the Institute for Justice, and the lead attorney for the defendants, disagreed with the result.

“I think the court got this one wrong on both the law and the facts,” he said.

And he vowed that help was on the way for the families who will lose their vouchers.

“This is not the end of the line for school choice in Arizona,” he said.

Possible Next Steps

Mr. Keller said one option would be for the voucher students to receive scholarship aid under one of the state’s two existing tax-credit-funded scholarship programs. One program is paid for through donations by individuals, and another by donations from businesses.

Another option, Mr. Keller said, would be to pursue a statewide ballot initiative to amend the state constitution.

Mr. Contreras argued that such an effort would be doomed to fail.

“The only place left to take this issue in Arizona is to the ballot box, and Arizona voters, like all those who have faced the question in other states, will not support having their tax dollars taken from public schools to support private education,” he said.

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

“The Arizona provision upon which the court based its ruling is not commonly found in other state constitutions,” he said. And Mr. Keller said he was not aware of any other state with an existing voucher program that has such language.

Mr. Peters, the plaintiffs’ lawyer, said he believes the situation may have some limited bearing in other states where vouchers face a legal challenge, though he said the wording of individual state clauses on aid to nonpublic schools tend to differ.

“It certainly wouldn’t have overwhelming impact anywhere else,” he said.

The Associated Press contributed to this story.
A version of this article appeared in the April 01, 2009 edition of Education Week as Two Voucher Programs Struck Down in Arizona

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
Mathematics Webinar
Pave the Path to Excellence in Math
Empower your students' math journey with Sue O'Connell, author of “Math in Practice” and “Navigating Numeracy.”
Content provided by hand2mind
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
Recruitment & Retention Webinar
Combatting Teacher Shortages: Strategies for Classroom Balance and Learning Success
Learn from leaders in education as they share insights and strategies to support teachers and students.
Content provided by DreamBox Learning
Classroom Technology K-12 Essentials Forum Reading Instruction and AI: New Strategies for the Big Education Challenges of Our Time
Join the conversation as experts in the field explore these instructional pain points and offer game-changing guidance for K-12 leaders and educators.

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 School Districts Are Poised For a $23 Million Payout in New Opioid Settlement
If the settlement is approved, school districts will be able to apply for grants to address the effects of opioids on their students and staff.
4 min read
Sa Thao signs the 2022 Mobile Recovery National Bus during a stop at the Capitol in Sacramento, Calif., on Sept. 7, 2022. Across the country, people in recovery and relatives of those killed by opioid overdoses are pressing for roles in determining how billions in opioid settlement money will be used. That push is one of the missions of the monthlong nationwide bus tour. Thao was addicted to methamphetamine but through recovery programs has been clean for 18 months.
Sa Thao signs the 2022 Mobile Recovery National Bus during a stop at the Capitol in Sacramento, Calif., on Sept. 7, 2022. Across the country, people in recovery and relatives of those killed by opioid overdoses are pressing for roles in determining how billions in opioid settlement money will be used.
Rich Pedroncelli/AP
Law & Courts In New Term, Supreme Court Set to Tackle Case on School Board Members' Social Media Use
The docket for education cases looks more modest than last term, but cases on magnet schools and transgender students could be added.
11 min read
The Supreme Court is seen in Washington on Sept. 25, 2023. The new term of the high court begins Oct. 2, 2023.
The Supreme Court is seen in Washington on Sept. 25, 2023. The new term of the high court begins Oct. 2, 2023.
J. Scott Applewhite/AP
Law & Courts Football Coach Who Won Supreme Court Prayer Case Has Resigned
The coach waged a seven-year legal battle to be rehired.
2 min read
FILE - Bremerton High School assistant coach Joe Kennedy takes a knee and prays at the 50-yard line after Bremerton's win over Mount Douglas in a high school football game at Bremerton Memorial Stadium in Bremerton, Wash., on Sept. 1, 2023. Kennedy, the praying football coach who had a long legal battle to get his job back, resigned Wednesday, Sept. 6, 2023, after his first game back on the job. He cited multiple reasons for his resignation including taking care of an ailing family member out of state. (Meegan M. Reid/Kitsap Sun via AP, File)
Law & Courts Court Upholds School Resource Officer's Use of a Taser on a Student With a Disability
A federal appeals panel upheld qualified immunity for the SRO and rejected the student's disability-discrimination and civil rights claims.
5 min read
Photo of officer with taser in holster.
iStock / Getty Images Plus