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May 16, 2008
UPDATE: AZ Court strikes down voucher programsFollow-up to yesterday's breaking news (below) on the Arizona court decision striking down the state's two voucher programs. NSBA issued this statement. And additional coverage from the Arizona Daily Star.
The Arizona Court of Appeals this afternoon ruled that two school voucher programs violate the state constitution, overturning a lower court opinion. The court said the vouchers provide aid to private and religious schools in violation of the state's no aid clause, and to rule otherwise would require ignoring the plain language of the constitution.
"Today's decision strikes another blow against the ineffective and misguided policy of school vouchers," said NSBA Executive Director Anne L. Bryant. NSBA filed a friend of the court brief in support of the groups challenging the programs and specifically regarding the so-called Blaine Amendment.
The court cited NSBA's position: "[T]he Aid Clause does not discriminate between secular and religious private schools. And, in any event, none of the parties has produced any authority suggesting we may disregard constitutional provisions merely because we suspect they may have been tainted by questionable motives. We thus agree with the position of the National School Boards Association, expressed in its amicus brief, that this question “is irrelevant to the resolution of this case.”
A coalition of parent, education and civic organizations in Arizona, including the Arizona School Boards Association, challenged the programs, and applauded the ruling. "Vouchers are not sound education policy," said Panfilo H. Contreras, Executive Director of the Arizona School Boards Association. "They divert funds from an already strapped system and channel them to private organizations that, unlike public schools, are not required to be accountable for how the money is spent or the level of achievement that results."
Posted May 16, 2008 4:45 PM
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