Tag: arizona supreme court

‘All Your Income Are Belong to the State’

An otherwise very good story in the Arizona Republic today begins badly:

The U.S. Supreme Court on Monday agreed to review the constitutionality of an Arizona program that diverts state tax revenue into private-school scholarships.

Here’s the thing: it doesn’t do that. No state tax revenue is used in Arizona’s program, which offers a tax cut (a.k.a. “credit”) to folks who donate to non-profit k-12 tuition assistance organizations. Those non-profits then subsidize private school tuition for families seeking financial help.

Back in 1999, the Arizona Supreme Court made all this clear. Those who were trying to kill the program (at the time, the “petitioners”) claimed that the donated funds were “public money.” The Court begged to differ, writing:

Petitioners argue that this tax credit channels public money to private and sectarian schools in violation of the state constitution…. As respondents note, however, no money ever enters the state’s control as a result of this tax credit. Nothing is deposited in the state treasury or other accounts under the management or possession of governmental agencies or public officials. Thus, under any common understanding of the words, we are not here dealing with “public money.” (p. 19-21)

It would be fine for the Arizona Republic to report that critics refuse to accept the Arizona Supreme Court’s interpretation, and that they are hoping the U.S. Supreme Court will see things their way (FYI: not gonna happen). But it is not okay for the Republic, on its “news” pages, to take sides in a case now before the U.S. Supreme Court by adopting the legal assumptions of the program’s critics.

P.S.  Yes, the title is a reference to this.

Education Tax Credits to Rescue Overturned Voucher Program

The AP reports on a plan unfolding in Arizona to help keep foster children and kids with disabilities in schools of their choice:

Republican-backed legislation to create new tax credits to help hundreds of foster children and disabled children attend private schools is advancing in the Legislature.

On a special session’s second day, Senate and House committees on Tuesday endorsed the bill creating new corporate and insurance premium tax credits for donations for private school tuition grants.

Priority would go initially to foster and disabled children who received vouchers that have been ruled unconstitutional by the Arizona Supreme Court.

The Arizona Supreme Court has specifically and emphatically upheld education tax credits, so this effort should succeed if passed and signed. The ever-wacky 9th Circuit Court of Appeals recently created some confusion over the details of tax credit program administration, but the credit approach to funding school choice has never been eliminated by the courts … they should be put back in their place on this case as they have in so many others.

Good luck to the children who had their voucher program overturned … this should be a no-brainer for the politicians.

More on the AZ Supreme Court Ruling

As Andrew Coulson noted earlier, the Arizona Supreme Court struck down two voucher programs today that serve special needs and foster children.

I think some of his points deserve an additional emphasis; this is a tragedy for many of the state’s most needy and vulnerable children but it can be easily fixed. (See who school choice opponents are so determined to send back to an inadequate public school system here).

These children can be quickly and seamlessly supported in their school of choice through an immediate expansion of the state’s two existing education tax credit programs, which have been ruled constitutional.

These children are in desperate need of the education they currently receive at private schools, and lawmakers must ensure that they can continue to attend their school of choice.