A key component of current school reform efforts focuses on increasing parental choice through voucher systems and programs that provide tax benefits for contributions to scholarship programs for private school tuition. Indeed, proposals to adopt such programs have been or currently are being considered in four-fifths of the states, and about half…

Some private, religious schools that accept vouchers have been accused of discriminating against certain populations of students through their admissions processes. Discriminating against disfavored groups (e.g., racial minorities, LGBT students, students with disabilities, religious minorities) in voucher programs raises both legal and policy…

Tim Keller's article insightfully explores the flawed legal reasoning behind and potentially pernicious consequences of the Arizona Supreme Court's 2009 "Cain vs. Horne" ruling. He carefully examines the two fundamental flaws in the court's interpretative methodology: a failure to engage in a straightforward textual analysis of Arizona's…

Legal scrutiny of school voucher policies initially focused on the establishment clause concerning with allocating public dollars to schools sponsored by religious organizations. In recent years, advocates asserted that the exclusion of faith-based organizations from voucher plans that permit expenditures in secular private organizations violates…

Describes oral arguments before U.S. Supreme Court in "Zelman v. Simmons-Harris," focusing on questions asked by Supreme Court Justices and answers provided by attorneys. Briefly speculates on Court's decision based on Justices' questions. (On June 27, 2002, the Supreme Court ruled that Cleveland's voucher program is constitutional.)…

Analyzes recent U.S. Supreme Court's 5-4 decision in "Zelman v. Simmons-Harris," upholding the constitutionality of Cleveland's voucher program that provided public funds to private religious schools. Majority held that voucher program did not violate the Establishment Clause of the 14th Amendment. (PKP)

Introduces article by Kemerer that takes issue with the conclusions reached by Elizabeth and Andrew Lugg in their article entitled "Vouchers as School Choice: An Analysis of 'Jackson v. Benson': The Milwaukee Parental Choice Program" in the April 2000 issue of "The Journal of Law and Education." (PKP)

Argues that Elizabeth and Andrew Lugg were wrong in criticizing the Wisconsin Supreme Court's decision in "Jackson v. Benson" that the Milwaukee Parental Choice Program does not violated the Establishment Clause. Asserts that in the near future the U.S. Supreme Court is likely to find the use of publicly funded vouchers does not violate…

The establishment clause is a critical protection in our society, but it can be misconstrued. In "Zobrest v. Catalina Foothills School District," the U.S. District Court in Arizona, following "Aguilar v. Felton" without discussion, denied a deaf boy attending a religiously affiliated school an interpreter. Using vouchers for…

Discusses viability of voucher systems including sectarian schools. Voucher plans' constitutionality may be enhanced by incorporating characteristics such as universal availability, allocation using neutral criteria, and "opting out" clauses. The Supreme Court's ruling in "Santa Fe" may squelch district policies condoning…

Describes and analyzes December 2000 Sixth Circuit Court of Appeals holding that Cleveland school voucher program violated the Establishment Clause of the U.S. Constitution. (PKP)

This short paper is part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It discusses educational voucher programs. It states that proponents of voucher programs, having scored a major victory in the U.S. Supreme Court with "Zelman v. Simmons-Harris" (2002), will…

The central federal question surrounding vouchers is whether participation of sectarian schools violates the First Amendment's Establishment clause. The U.S. Supreme Court, through its interpretation of the federal Constitution, may have the final word in determining voucher proposals' future. Litigation in Cleveland, Milwaukee, Vermont, and Maine…

A court-approved Milwaukee voucher program permits up to 15% of the city's public schoolchildren to attend private/religious schools at state expense. This represents no victory for vouchers. Although the Wisconsin Supreme Court found vouchers constitutional, it may not believe they are valid under the federal constitution. (MLH)

In 1998, the Wisconsin State Supreme Court reversed the decision of the appellate court and ruled that the amended Milwaukee Parental Choice Program (MPCP) did not violate the Establishment Clause or the Wisconsin Constitution. Examines the constitutionality of vouchers for both secular and sectarian private schools, as well as the policy…