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1 1 (July 3, 2002)

handle is hein.crs/crsahxx0001 and id is 1 raw text is: Order Code RS21254 July 3, 2002 Education Vouchers: an Overview of the Supreme Court's Decision in Zelman v. Simmons-Harris Christopher Jennings Legislative Attorney American Law Division Summary Education vouchers generally refer to school choice programs in which the state will help parents pay tuition for their children to attend out-of-district public schools, charter schools, private schools, and, sometimes, religious schools. When vouchers are used by parents to send their children to religious school, public dollars flow from public to religious coffers, and therefore, may violate the Establishment Clause of the First Amendment. However, in Zelman v. Simmons-Harris, the Supreme Court upheld an Ohio school educational choice program that gave poor families in the Cleveland public school system an opportunity to send their children largely at state expense to private schools, including religious schools. This report provides factual background and summarizes the Court's prior precedent, the Sixth Circuit's decision, and the Supreme Court's analysis of the relevant constitutional issues. It will not be updated. Background. Vouchers generally refer to school choice programs in which the state will help parents pay tuition for their children to attend out-of-district public schools, charter schools, private schools, and, sometimes, religious schools. A voucher can take the form of a direct subsidy, a grant, or a tax benefit. Proponents of vouchers claim that America's elementary and secondary educational system are in disrepair and can only be revitalized by making schools compete to attract students. Vouchers, they argue, are the most feasible way to inject competition into education. Critics of vouchers decry the loss of money to public schools, and charge that when vouchers can be used to attend a religious school the constitutionally drawn line between church and state blurs. In Zelman v. Simmons-Harris,1 the Supreme Court, in a 5-4 decision, upheld an Ohio school choice program, which, among other options, gave parents vouchers which could be used to send their children to a private, religious school. The purpose of the program 1 536 U.S. __ (2002)(slip opinion). For analysis of cases prior to Zelman, see CRS Report RL30165, Education Vouchers: Constitutional Issues and Cases. Congressional Research Service **o The Library of Congress CRS Report for Congress Received through the CRS Web