Special CER Newswire 
December 11, 2000 

Breaking News on School Choice:

        In their opinion delivered today on the constitutionality of the Ohio School Choice program, the United States Court of Appeals for the Sixth Circuit found against the program on the grounds that it is not neutral with regard to religion, and therefore the program is in conflict with the Establishment clause of the First Amendment to the U.S. Constitution.

        This ruling is consistent with the finding last year of the District court, which enjoined the program but stayed its order pending this court review.

        The Ohio program allows about 4,000 poor children to have a choice of schools in a district that has been under state takeover for failure to provide an adequate education independently.

        As argued in an amicus brief filed by CER on behalf of several state and national groups supporting reform, "The Cleveland program is a life-line for hundreds of disadvantaged young people in Cleveland. It is their best hope for educational opportunity and serves as a bold exemplar of reform for other States and cities."

        Attorneys closing following this case believe that upon appeal, the U.S. Supreme Court will agree to hear the case. The Institute of Justice which represented several parents in this case pointed out the dissent of Judge James Ryan on the Sixth Circuit, who "analyzed Supreme Court precedent that makes it 'unmistakably clear that the voucher program passes constitutional muster.'"

        Additional analysis and information will be forthcoming in the CER weekly newswire tomorrow. In the meantime, the decision can be viewed at http://pacer.ca6.uscourts.gov/opinions/main.php and the CER amicus can be viewed here.

See also:

• CER Newswire December 12, 2000.
• CER CONDEMNS COURT RULING DENYING QUALITY EDUCATION OPPORTUNITIES, Statement by CER President Jeanne Allen, December 11, 2000
• Excerpts from SCHOOL VOUCHER PROGRAM RULED UNCONSTITUTIONAL by Andrea Billups, Washington Times, December 12, 2000
• Excerpts from RULING VOIDS USE OF VOUCHERS IN OHIO SCHOOLS, By Jodi Wilgoren, New York Times, December 12, 2000

# # #

SUBSCRIBE to CER's Education Reform Updates -- have these regular newswires delivered right to your email box (for free!).

SEARCH the Updates Library.

BROWSE the Updates Library

The CER Newswire is published by The Center for Education Reform, the nation's leading authority on school reform. CER is dedicated to making schools better for America's children by improving educational access and excellence for all. CER works with parents, teachers and policymakers to advance meaningful education improvement initiatives.

###

CER Home Page Newswire Archives E-Mail CER CER Publications