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News Release

June 7, 2005

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Fate of Florida's School Voucher Is in State Supreme Court's Hands
Cato experts argue scholarship program will help students escape from failing schools

WASHINGTON -- The Florida Supreme Court heard oral arguments today on controversial school initiatives in Bush v. Holmes, and could decide the fate of the State's landmark voucher program -- the Opportunity Scholarship Program -- before school starts in August. At issue is the constitutionality of using taxpayer money to send children to religious schools. Cato Institute education scholars are available to comment on the case.

"Florida's Opportunity Scholarship program benefits students in a religiously neutral manner," says David Salisbury, director of Cato's Center for Educational Freedom. "Any benefit to a private school is an indirect result of a personal choice by the student."

"Students in Florida and California have been using education grants to attend the college of their choice, including religious colleges, for years," Salisbury notes. "In K-12 education, we should we working to maximize the choices that students can make, not limit their choices to certain schools."

Attorney and Cato education expert Marie Gryphon contends that the state's Opportunity Scholarship Program is constitutional "because it does not take tax dollars from the state treasury to aid religious institutions. These scholarships are intended to aid students trapped in failing public schools. That's it. Any benefit to a religiously-affiliated school is incidental."

Moreover, Gryphon notes, the state scholarships do not cover the whole cost of educating a child in a private school: "Far from making money off of these scholarships, private schools in Florida must subsidize every scholarship student they educate. These schools are offering a public service."

Cato experts warn that a court decision striking down Florida's Opportunity Scholarship Program could endanger other state programs as well. "There is no legal difference between this program and Florida's Bright Futures program for college students," Gryphon says. "Everyone agrees that college students should be allowed to use the Bright Futures grants to attend the schools that they choose. Opportunity scholarships are no different. Parents should be allowed to use these grants at the schools they choose."

Salisbury and Gryphon are available for interviews on education policy and voucher programs. Contact the Cato media relations department at 202-789-5200 or media2@cato.org to arrange an interview.

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