Law & Courts

Arizona Voucher Programs Lose in State’s High Court

By Erik W. Robelen — March 30, 2009 1 min read
  • Save to favorites
  • Print

The Arizona Supreme Court has struck down two specialized voucher programs, ruling that they violate the state constitution’s prohibition on providing state aid to private religious and secular schools.

As a result of the March 25 decision, the estimated 450 students in the two programs—one for students with disabilities and another for those living in foster care—will lose their state-funded scholarships at the end of the current academic year.

Supporters of the two voucher plans, enacted in 2006, argued that students and their parents were the true beneficiaries of the programs. But the five-member Arizona Supreme Court in a unanimous ruling in Cain v. Horne said the programs still violated constitutional restrictions.

“These programs transfer state funds directly from the state treasury to private schools,” Justice Michael D. Ryan wrote. “That the checks or warrants first pass through the hands of parents is immaterial.”

The state court of appeals overturned a trial judge last year and ruled in May that the programs were unconstitutional. A state Supreme Court justice let the programs continue during the current school year while the decision was pending at the high court.

The legal challenge was mounted by groups including the Arizona Education Association—an affiliate of the National Education Association—the American Civil Liberties Union of Arizona, and the Arizona School Boards Association.

“We thought the language of the Arizona Constitution was clear, and we thought that if the court applied that language, this would be the result,” said Donald M. Peters, the lead counsel for the plaintiffs.

But Timothy D. Keller, the executive director of the Arizona chapter of the Institute for Justice, and the lead attorney for the defendants, said, “the court got this one wrong on both the law and the facts.”

He said “this is not the end of the line for school choice in Arizona,” adding that families still might be able to receive aid through one of the state’s existing tax-credit-funded scholarship programs.

Mr. Keller also said he did not view the Arizona ruling as having significant implications for voucher battles in other states.

The Associated Press contributed to this story.
A version of this article appeared in the April 01, 2009 edition of Education Week as Arizona Voucher Programs Lose in State’s High Court

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Decision Time: The Future of Teaching and Learning in the AI Era
The AI revolution is already here. Will it strengthen instruction or set it back? Join us to explore the future of teaching and learning.
Content provided by HMH
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Stop the Drop: Turn Communication Into an Enrollment Booster
Turn everyday communication with families into powerful PR that builds trust, boosts reputation, and drives enrollment.
Content provided by TalkingPoints
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Webinar
Integrating and Interpreting MTSS Data: How Districts Are Designing Systems That Identify Student Needs
Discover practical ways to organize MTSS data that enable timely, confident MTSS decisions, ensuring every student is seen and supported.
Content provided by Panorama Education

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts TikTok Settles as Social Media Giants Face Landmark Trial Over Youth Addiction Claims
Trial centers on criticisms that the platforms deliberately addict and harm children.
5 min read
Social Media Kids Ohio 24005836447288
ASSOCIATED PRESS
Law & Courts The Stark Divide in the States Recouping K-12 Grants Cut by Trump's Ed. Dept.
A fifth of lawsuits challenging Trump admin. education policies have come from multistate coalitions.
8 min read
Students sit on bleachers after science, technology, engineering and mathematics activities, facilitated by the Kentucky Science Center, in Simpsonville Elementary School, Nov. 18, 2025, in Simpsonville, Ky.
Students sit on bleachers after STEM activities facilitated by the Kentucky Science Center at Simpsonville Elementary School in Simpsonville, Ky., on Nov. 18, 2025. The school district serving Simpsonville is one of nine in north-central Kentucky that was able to hire new school counselors with the help of a federal grant that the Trump administration terminated last year.
Jon Cherry/AP
Law & Courts Full Appeals Court Signals Openness to Ten Commandments Classroom Laws
The full 5th Circuit seemed sympathetic to unblocking two laws requiring Ten Commandments displays.
5 min read
Ten Commandments Texas 25322117067170
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Monday, Nov. 17, 2025. A federal appeals court appears open to reviving blocked Ten Commandments school laws in Louisiana and Texas.
AP Photo/Eric Gay
Law & Courts Parents Ask Supreme Court to Restore Ruling on Gender Disclosure
Parents asked the U.S. Supreme Court to intervene over school gender-identity policies in California.
4 min read
A group of California parents has asked the nation's highest court to reinstate a federal district court decision that said parents have a federal constitutional right to be informed by schools of any gender nonconformity and social transitions by their children. The Supreme Court building is seen on Jan. 13, 2026, in Washington.
A group of California parents has asked the nation's highest court, whose building is shown on Jan. 13, 2026, to reinstate a federal district court decision that said parents have a federal constitutional right to be informed by schools of any gender nonconformity or social transition by their children.
Julia Demaree Nikhinson/AP