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In a landmark 5-4 decision, the U.S. Supreme Court has upheld the constitutionality of a Cleveland program that provides educational vouchers to economically disadvantaged students. This year, 4,457 students in kindergarten through 8th grade received up to $2,250 (about 1/3 of what the city spends per public school pupil) to offset tuition at one of approximately 50 participating private schools. Opponents of the program argued that it violated the First Amendment's "Establishment Clause." In its decision, the Court described the Cleveland program as "...a government aid program... not readily subject to challenge under the Establishment Clause if it is neutral with respect to religion and provides assistance directly to a broad class of citizens who, in turn, direct government aid to religious schools wholly as a result of their own genuine and independent private choice." In a statement concerning the decision, U.S. Secretary of Education Rod Paige commented: "Today's historic Supreme Court decision is one for America's children. It's one that can transform the education landscape in our country. The decision lifts the constitutional cloud that has been hanging over school-choice programs for years and will open the doors of opportunity to thousands of children who need and deserve the best possible education." In response to the Court's ruling, Joe McTighe, Executive Director of the Council for American Private Education declared: "Poor and minority children have been promised equal educational opportunity for decades. But time and again that promise has been broken. Today's decision offers new hope. States can now make good on the promise by providing poor children the same chance that other children have: the chance to attend a school that works, whether public or private." Read the entire statement. A complete text of the Zelman v. Simmons-Harris decision, as well as concurring and dissenting opinions of individual justices is available from the Cornell Law School Legal Information Institute. |
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