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

RELATED ARTICLE: Brief History of Cleveland's Voucher Program

JUNE 28, 1995

The Cleveland Scholarship and Tutoring Program is enacted by the Ohio legislature.

JANUARY 1996

The American Federation of Teachers files a lawsuit challenging the program's constitutionality.

JANUARY 1996

Lottery drawing held for 1,500 scholarships.

AUGUST 1996

JULY 1996

An Ohio state judge rules that the program violates neither the state nor federal constitutions. Opponents appeal.

1,994 students enter the school of their choice using scholarships for the 1996-97 school year.

AUGUST 1997

MAY 1997

An Ohio state appeals court holds that including religious schools in the voucher program violates both the state and federal constitutions. Supporters of vouchers appeal; the program is allowed to continue while case is before the Ohio Supreme Court.

Ohio Supreme Court holds that the program violates the state constitution due to a procedural flaw in how the program was enacted. The Court states that the program does not violate the federal Establishment Clause.

Number of students participating in the program rises to 2,938.

MAY 27, 1999

AUGUST 1998

Participation rises to 3,774 students.

JUNE 29, 1999

The Ohio General Assembly reenacts the program in a constitutionally sound way.

JULY 20, 1999

The ACLU, People for the American Way, and the national teacher unions file suit in federal court, alleging that the program violates the separation of church and state.

AUG. 24,1999

Federal district court judge Solomon Oliver Jr. grants a temporary injunction, shutting down the program pending a full hearing.

AUG. 27, 1999

Judge Oliver alters injunction. He allows only previously enrolled scholarship students to return to school. But this leaves 817 new students shut out. Defendants appeal.

OCT. 19, 1999

With no response from the U.S. Court of Appeals for the 6th Circuit, defendants appeal to the U.S. Supreme Court.

NOV. 5, 1999

In a 5-4 decision, the U.S. Supreme Court overrules Judge Oliver's injunction and restores scholarship funding to 817 children.

DEC. 20, 1999

Judge Oliver rules the program unconstitutional and stays his decision, allowing children to remain in school while defendants appeal to the 6th Circuit.

DEC. 11, 2000

In a 2-1 decision, the federal appeals court rules against the program. The decision contains language suggesting legislative remedies that will satisfy the court.

MAY 2001

The state of Ohio appeals the decision to the U.S. Supreme Court. The program continues while the appeal is pending.

SEPT. 2001

U.S. Supreme Court agrees to hear the case.

FEB. 20, 2002

SOURCES: School Choice Committee; Center for Education Reform

U.S. Supreme Court hears oral arguments on the constitutionality of the Cleveland Scholarship and Tutoring Program.

The supreme school board.

Paul E. Peterson

The waiting line to hear oral argument before the U.S. Supreme Court formed the night before February 20. Anyone joining after 5 A.M. never got in--except those given special seating including such notables as Senator Edward Kennedy, Health and Human Services secretary Tommy Thompson, and former White House counsel C. Boyden Gray. It was well worth the wait. Persistent questioning, passionate debate, direct self-contradictions, an electric atmosphere--all were there. As the 80-minute conversation came to an end, a pro-voucher resolution seemed to have just barely emerged, the outcome turning as much on educational facts as constitutional questions.