Last week, a Maricopa County Superior Court Judge upheld Arizona’s Empowerment Account Program as constitutional under the Arizona State Constitution.  The program allows parents of special needs children to apply for state funds that the parents can use for a wide variety of educational expenses, including tutoring and private school tuition, required textbooks and savings for college expenses. That's obviously a dangerous program (if you let parents decide how to spend their tax dollars, where does it all end?) so the Arizona teachers union did its civic duty and sued to block the law.

Round I, at least, goes to the forces of school choice. Judge Maria del Mar Verdin ruled that, unlike other voucher programs that have been struck down in Arizona, “The monies are earmarked for a student’s educational needs as a parent may deem fit—not endorsed directly to a private institution in an all or nothing fashion.”  This is a critical point, unfortunately, because of the bogus constitutional argument that school voucher programs violate the First Amendment because taxpayer dollars will end up going to some religious schools.  When SCOTUS upheld an Ohio voucher program in 2002, then-Justice John Paul Stevens wailed that democracy is threatened "[w]henever we remove a brick from the wall that was designed to separate religion and government."

As far as I'm concerned, school voucher programs do not violate the Constitution (mainly because the First Amendment was not intended to create a "wall of separation," but that's a subject for another day).  For now, congratulations to the Institute for Justice, which is litigating this case.  And good luck, because the "education" establishment will fight this tooth-and-nail on appeal.

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James Gawron
Joined
Dec '10
James Gawron

Adam Freedman: Last week, a Maricopa County Superior Court Judge upheld Arizona’s Empowerment Account Program as constitutional under the Arizona State Constitution.  The program allows parents of special needs children to apply for state funds...

Round I, at least, goes to the forces of school choice. Judge Maria del Mar Verdin ruled that, unlike other voucher programs that have been struck down in Arizona, “The monies are earmarked for a student’s educational needs as a parent may deem fit—not endorsed directly to a private institution in an all or nothing fashion.”  This is a critical point, unfortunately, because of the bogus constitutional argument that school voucher programs violate the First Amendment because taxpayer dollars will end up going to some religious schools....   · · 10 minutes ago

Adam, my boy, THAT'S ONE SMALL STEP FOR THE COURT AND ONE GIANT LEAP FOR COMMON SENSE.

Adam, keep that white charger well fed and groomed.  Put on your best shiny armour and sharpen your lance of JUSTICE.  We are going to do it, finally!

Regards,

Jim

genferei
Joined
Oct '10
genferei

Better all 'round if the money didn't go the govt in the first place. But then how do we ensure bad parents pay for their kids to go to school? How about an individual mandate!

Adam Freedman
genferei: Better all 'round if the money didn't go the govt in the first place. But then how do we ensure bad parents pay for their kids to go to school? How about an individual mandate! · 8 minutes ago

True, we mandate all sorts of things for children. It's too bad the Left insists on treating everyone like children!

Leigh
Joined
Nov '11
Leigh

Just wait until the "education establishment" finds out what Bobby Jindal is planning to do to them.  From the WSJ by way of Jim Geraghty:

Jindal wants to create America’s largest school voucher program, broadest parental choice system, and toughest teacher accountability regime—all in one legislative session. Any one of those would be a big win, but all three could make the state the first to effectively dismantle a public education monopoly....

Funding for these vouchers (“scholarships” is the poll-tested term) would come not from a new fund, as in New Orleans, but from what the state already spends on public education per capita. So every student leaving a failing school would take about $8,500 (on average) with him, hitting the bureaucracy where it hurts.

Adam Freedman

Leigh: Just wait until the "education establishment" finds out what Bobby Jindal is planning to do to them.  From the WSJ by way of Jim Geraghty:

Jindal wants to create America’s largest school voucher program, broadest parental choice system, and toughest teacher accountability regime—all in one legislative session. Any one of those would be a big win, but all three could make the state the first to effectively dismantle a public education monopoly....

Funding for these vouchers (“scholarships” is the poll-tested term) would come not from a new fund, as in New Orleans, but from what the state already spends on public education per capita. So every student leaving a failing school would take about $8,500 (on average) with him, hitting the bureaucracy where it hurts.

53 minutes ago

Yes, I saw that piece in the WSJ.  I love Jindal's proposals.  Sounds like New Orleans is already doing good things with vouchers and charter schools -- maybe the teachers union has been housebroken in Louisiana?


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