Tag: education savings accounts

School Choice Lawsuit Roundup

School choice advocates have been winning in the halls of state legislatures and in the court of public opinion, so opponents have taken to the courts of law. Since the U.S. Supreme Court ruled in Zelman v. Simmons-Harris (2002) that school vouchers are consistent with the First Amendment’s Establishment Clause, opponents of choice have been scrambling to find novel reasons to challenge school choice programs. Here’s a brief summary of school choice lawsuits around the nation:

1) In Louisiana, the U.S. Department of Justice has sued to halt the state’s school voucher program, arguing that it hurts the desegregation effort. The DOJ’s already weak case was further undermined by a new study released today showing that school choice actually improves integration. Since 90 percent of the voucher recipients are black, the DOJ’s lawsuit would have the effect of keeping low-income blacks from attending the schools of their choice.

Earlier this year, Louisiana’s state supreme court ruled that the voucher program was unconstitutionally funded, but otherwise left the program intact. The governor and state legislators adjusted the funding mechanism in response.

2) Two days ago, a group of activists in Oklahoma sued the state over its special needs voucher program, arguing that it violates the state constitution’s ban on using public funds at religious schools. Last year, the state supreme court tossed out a challenge to the program by public school districts, ruling that they did not have standing since they are not taxpayers.

3) On the same day, the Arizona Court of Appeals ruled unanimously that the state’s education savings account program, the first in the nation, is constitutional. Anti-school choice activists had argued that it violates the state constitution’s ban on publicly funding religious schools. The court held that students are the primary beneficiaries and that any “aid to religious schools would be a result of the genuine and independent private choices of the parents.” The decision will likely be appealed to the state supreme court.

WaPo Blogger Still Won’t Let Facts Get In Her Way

There she goes again.

Just a few weeks ago, Valerie Strauss of the Washington Post falsely accused scholarship tax credit programs of being “welfare for the rich,” an absurd claim that was easily debunked. Now Strauss is making similarly absurd claims about voucher programs in response to the Indiana Supreme Court’s unanimous decision upholding their constitutionality:

The notion is that families deserve to have a “choice” of schools for their children. The reality is that the amount of money provided in each voucher isn’t enough to cover tuition at a great many private schools, especially the elite ones that get most of the media’s attention, such as Sidwell Friends, which the Obama daughters attend.

The implication is that since school choice programs do not provide enough funding to make all choices affordable for low-income families, they don’t really provide “choice” at all. Moreover, Strauss seems to be arguing that if we can’t afford to send every child to the same school as the children of the president of the United States, then we shouldn’t do anything to expand educational options for low-income families. One wonders if Strauss also opposes food stamps because recipients can’t afford filet mignon every night.

While hiding behind weasel words that are technically correct—a “great many private schools” are too expensive for most low-income families even with vouchers—Strauss ignores the “great many private schools” that school choice programs do make affordable for low-income families. Take, for example, this story from yesterday’s New York Times:

Some parents of modest means are surprised to discover that the education savings accounts put private school within reach. When Nydia Salazar first dreamed of attending St. Mary’s Catholic High School in Phoenix, for example, her mother, Maria Salazar, a medical receptionist, figured there was no way she could afford it. The family had always struggled financially, and Nydia, 14, had always attended public school.

But then Ms. Salazar, 37, a single mother who holds two side jobs to make ends meet, heard of a scholarship fund that would allow her to use public dollars to pay the tuition.

She is now trying to coax other parents into signing up for similar scholarships. “When I tell them about private school, they say I’m crazy,” she said. “They think that’s only for rich people.”