Voucher program shot down by Supreme Court

A state law that gives tax dollars to private and parochial schools to educate youngsters is illegal, the Arizona Supreme Court ruled today.
 
The justices, in a unanimous opinion, called the programs established by the Legislature in 2006 "a well-intentioned effort'' to assist students with special needs, such as those with disabilities or are in the foster care system.
 
"But we are bound by our constitution,'' wrote Justice Michael Ryan. He said there is no way that the program can be reconciled with a specific constitutional ban against appropriating public funds in aid to private and parochial schools.
 
"This is sad," said Gracie Quiroz, director of the tuition tax credit program for the Tucson Catholic Diocese. The voucher program "was a wonderful way to help kids with special needs."
 
She said that there several "speciality" schools in the Phoenix area for children with autism or other special needs. The supreme court decision "closes the door" for parents of children with a disability to send them to a school with an environment that "works better for them," she said.
 
As for foster children, Quiroz said, they may do better in a smaller eduational setting and more stable environment that parochial schools can offer.
 
The Supreme Court decision is a significant defeat for legislators who had crafted the very small program in 2006 to test the legal waters. They had hoped a contrary ruling would pave the way for them to propose a full-blown voucher program, with every parent in the state entitled to use state tax money to send their children to any school they want.
 
Ryan said there is a way to make the vouchers legal - convince voters to amend the constitution to alter or repeal the ban. That may be the next step.
 
"We will certainly consider all our options,'' said Tim Keller of the Institute for Justice, who tried to convince the high court the programs are constitutional.
 
And Ron Johnson, who lobbies on behalf of the state's Catholic bishops - and the schools the church operates - said the question of putting the issue on the 2010 ballot may depend on what else voters will be asked to approve that year.
 
The legislation provides $2.5 million in state tax vouchers to the parents of former foster children who have been adopted, vouchers which can be used to pay tuition and fees at private or parochial schools. It also set aside an identical amount for a similar program for disabled youngsters.
 
The "vouchers'' are checks, made payable to the parents, who then must endorse them over to the private or parochial school.
 
Attorneys for the Arizona Education Association and other public education groups sued, contending the programs ran afoul of the constitutional provisions barring use of state dollars to aid these kinds of schools.
 
Keller argued to the court that the tax dollars were not going to "aid'' the schools. He said any aid was for the parents of the children and that any benefit to the schools was "purely coincidental.''
 
He further said that courts have upheld the ability of governments to use tax dollars to get services, even from religious groups.
 
Ryan, however, said this is different.
 
"The voucher programs do not provide reimbursement for contracted services,'' the justice wrote. "In fact, they are designed in such a way that the state does not purchase anything. Rather, it is the parent or guardian who exercises sole discretion to contract with the qualified school.''
 
Nor was the court persuaded by the fact that the checks are given to the parents.
 
"These programs transfer state funds directly from the state treasury to private schools,'' Ryan said. "That the checks or warrants first pass through the hands of parents is immaterial. Once a pupil has been accepted into a qualified school under either program, the parents or guardians have no choice. They must endorse the check or warrant to the qualified school.''

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Sun Staff Writer Joyce Lobeck contributed to this report. She can be reached at jlobeck@yumasun.com or 539-6853.