CER NEWSWIRE
Vol. 4, No. 7
February 19, 2002

CHOICE I: It's show time as the Supremes are set to listen to the sounds of school choice in their chambers on Wednesday. The Cleveland School Choice program is the first real school choice case to arrive in the hallowed chamber of the U.S. Supreme Court. Oral arguments, lasting about eighty minutes, will be presented by both sides. Judy French, the Ohio chief counsel will be arguing for the program on behalf of the state of Ohio. Theodore Olson will be arguing as Solicitor General on behalf of the US, and attorney Dave Young will represent the schools that participate in the program. On the other side is Robert Chanin for the National Education Association and former U.S. district judge Marvin Frankel representing the American Federation of Teachers.

There's much to be said about this case and why there is great hope that the arguments for the program will compel the Supreme Court to validate the program's intent and operation. But the argument that seems most important is that after 30 years and dozens of tried and failed education efforts, the Cleveland Scholarship and Tutoring Grant Program is the only way to preserve quality education for the next generation of poor and minority children. Even the eleven charter schools in the city -- which are also under attack by reform opponents -- can't accommodate all the children that need to be assured of a chance to obtain a real education.

Interested readers may also find compelling the case outlined in a USA Today opinion piece by two of the authors of CER's amicus brief. To read the commentary, go to http://www.usatoday.com/news/comment/2002/02/19/ncguest1.htm.

CHOICE II: For parents like Charniece Broughton and Eulanda Johnson, there's no rhyme or reason to why there are people fighting the program that made education a reality for their children. USA Today reports  in Friday's edition about Courtney Broughton, a Baptist who nonetheless attends a Cleveland Catholic school. "I need my daughter to get a good education, to learn to read, to be able to go to college," says Broughton. "I want a structured environment."

Indeed. The Cleveland school district, where only 20 percent of ninth-graders passed the state's proficiency test when 69 percent of their classmates statewide did so, is in a state of academic emergency.

Ebony Johnson's mother would have had to have worked a second job and would have been able to spend only few minutes a day with her daughter had it not been for the Cleveland scholarship program. According to the Baltimore Sun her mother says, "her grades and reading skills have climbed during [Ebony's] three years in private school, [and] that the school's religious affiliation was the least of her worries."

"It's just a choice situation," she told the Sun last week. "That's why I don't understand why they're fighting it so hard. Parents should be able to choose which school they go to."

Additional information about the case before the U.S. Supreme Court can be found here. In addition to CER's argument and summary, you will find connections to the Institute for Justice's website, which outlines in detail the scope of their involvement, their school choice arguments, and will include commentary following tomorrow's oral arguments.

Next week: A review of the oral arguments in the choice case, and charter challenges.

UPDATE: THE U.S. SUPREME COURT'S PROCEEDINGS IN THE CLEVELAND SCHOOL CHOICE CASE, Highlights and Insights, February 20, 2002

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