One year ago today, families
across the nation cheered for some good news when the U.S. Supreme Court ruled that
scholarship tax credit programs are indeed constitutional. More than 128,000 students attend the school
of their parents’ choice thanks to 10 scholarship tax credit programs across
eight states.
The
justices reversed a decision by the U.S. Court of Appeals for the Ninth Circuit
and instead ruled that the Arizona’s Individual School Tuition Organization Tax
Credit Program does not violate Constitutional principles with regard to
separation of church and state.
In the 5-4 ruling, the majority decided that choice opponents lack
standing to challenge the Arizona program on grounds that it uses government
funds to promote religious institutions.
Writing for the majority, Justice Anthony Kennedy said that
although parents use most of the scholarship funds to send their children
religious-affiliated schools, it does not amount to the funding of those
schools by the government.
“Contributions result from the decisions of private taxpayers
regarding their own funds,” Kennedy said.
Since it began in 1997, the Arizona Individual School Tuition
Organization Tax Credit Program has grown to become the third-largest school
choice program in the country—one of four school choice programs in Arizona
alone. It is also the third-longest running school choice program in the
country and the nation’s oldest scholarship tax credit program.
The ruling was just one of many victories for educational options
in 2011—a year The Wall Street Journal—dubbed
“the year of school choice.” In
addition, seven new publicly funded private school choice programs were enacted
and 11 were expanded.
- American Federation for Children | Alliance for School Choice, MSG
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