June 27, 2002
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ZELMAN VS. SIMMONS-HARRIS: THE CLEVELAND SCHOOL CHOICE CASE
The Zelman vs. Simmons-Harris case focuses on whether the First Amendment prohibition against Congress establishing religion prevents a state from providing tuition aid as part of a general assistance program to low-income parents and authorizing them to use that aid to enroll their children in a private school of their own choosing, without regard to whether the school is religiously affiliated.
For the past two decades, many critical Supreme Court decisions have recognized and supported state and federal programs that give public funds directly to individuals who then may choose from any number of programs—private or public—to meet child-care needs, social-service demands, even educational improvement.
The U.S. Supreme Court has long recognized education programs that allow public funds to go to private, even religious groups—when parents direct the money.
- In Mueller vs. Allen (1983), the Supreme Court upheld tax deductions for religious education.
- In Witters vs. Washington Department of Services for the Blind (1986), the court approved the use of government scholarship money by a blind student going to a divinity school.
- In Zobrest vs. Catalina Foothills School District (1993), the court upheld the use of a publicly funded interpreter by a deaf student in a Catholic high school.
- In Rosenberger vs. Rector and Visitors of the University of Virginia (1995), the court approved direct funding of a religious student paper in a public university because nonreligious school programs also received funding.
- In Agostini vs. Felton (1997), the court said public school teachers could give remedial instruction inside private, religious schools.
- In Mitchell vs. Helms (2000), the court upheld loaning materials and equipment to religious schools, where the program provided aid to public and private school students on a religiously neutral basis.
In 1998, the U.S. Supreme Court declined to review the Wisconsin Supreme Court's 1998 decision Jackson vs. Benson, which upheld the Milwaukee school choice program.
With school choice, children are no longer trapped by the status quo: parents can choose for their child to attend any school that serves their child's needs.
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