Vouchers on trail: will the U.S. Supreme Court's decision in Zelman end the voucher debate?

Education Next, Summer, 2002 by Joseph P. Viteritti

Whether the Supreme Court perceives school choice as a fulfillment of the promise articulated in Brown remains to be seen. Judicial majorities do tend toward more narrow rulings, except of course when they have something more significant to say beyond the particular legal questions set before them. This may be one of those extraordinary times. If so, such an opinion would be especially compelling coming from the pen of Justice Thomas, the lone black member of the Court, who has written for the majority in a number of important cases involving religion and education. In would remind the nation that there is more than one voice in the black community, each driven by a vision of educational equality, following different paths to get there.

But even a more narrow decision may prove to be pathbreaking. After all, Brown itself was a cautious decision, declaring unconstitutional only segregation in schools, not segregation at train stations, parks, or other public facilities. And Brown only required the states to implement school desegregation" with all deliberate speed," something less than a clarion call for immediately rectifying the effects of racial injustice. Yet 50 years later, the spirit of Brown is vastly more important than its wording. So it may be with Zelman.

Characteristics of Voucher Programs for Low-Income Families

A mix of privately and publicly funded voucher programs has spread
across the nation, mainly in urban areas.

City or        Sponsor      Religious  Grades    First    Initial
State                       Schools              School   Enrollment
                            Included?            Year


Milwaukee      State of WI  Yes        preK-12   1990-91  341
Indianapolis   ECCT (a)     Yes        K-8       1991-92  746
Milwaukee      PAVE (b)     Yes        K-12      1992-93  2,089

San Antonio    CEO (c)      Yes        1-8       1992-93  930
Wash., D.C.    WSF (d)      Yes        K-12 (h)  1993-94  30

Cleveland      State of OH  Yes        K-8       1996-97  1,996
New York City  SCSF (e)     Yes        1-5       1997-98  1,200
Dayton         PACE (f)     Yes        K-12      1998-99  542

Florida        State of FL  Yes        K-12      1999-00  146
Charlotte      CSF (g)      Yes        2-8       1999-00  388
National       CSF (g)      Yes        K-12 (i)  1997-98  1,000

City or        2000-01     Number of  Maximum      Selection
State          Enrollment  Schools    Payment in   Method
                           2000-01    2000-01
                                      Dollars

Milwaukee      9,638       103        5,326        Lottery
Indianapolis   2,387       82         1,000        First-come
Milwaukee      819         52         1,000/elem.  First-come
                                      1,500/high
San Antonio    1,319       62         4,000        First-come
Wash., D.C.    1,300       116        2,000/elem   Lottery
                                      3,000/high
Cleveland      3,900       67         2,500        Lottery
New York City  1,650       216        1,400        Lottery
Dayton         680         42         1,785/elem.  Lottery
                                      2,300/high
Florida        52          2          3,500        Lottery
Charlotte      438         52         1,700        Lottery
National       40,000      7,000      1,700        Lottery

(a)Educational Choice Charitable Trust

(b)Partners Advancing Values in Education

(c)Children's Educational Opportunity

(d)Washington Scholarship Fund, Incorporated

(e)School Choice Scholarships Foundation

(f)Parents Advancing Choice in Education

(g)Children's Scholarship Fund.

Note: The program was initially organized in Washington, D.C., and was
expanded nationally for the 1990-00 academic year.

(h)Students must be in grades K through 8 to begin the Washington
Program.

(i)Once awarded a scholarship, all students are guaranteed continued
assistance for three additional years. However, the first year's
scholarship must be awarded while the student is enrolled in grades K
through 8.

(j)Program enrollment in Indianapolis is supplemented with Periodic
lotteries.

SOURCE: William F. Howell and Paul E. Peterson with Patrick Wolf and
David Campbell, The Education Gap (Brookings, 2002)