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Amicus Brief: Cleveland Scholarship and Tutoring Program (2001)

June 2001. Amicus Brief for The Center for Education Reform in Support of Petitioners in the case against the Cleveland, Ohio Scholarship and Tutoring Grant Program.

CER respectfully submits that an inclusive funded school choice plan does not violate the Establishment Clause simply because it permits the choice of a religiously affiliated school, or because the educational marketplace may not have had time to offer the range of options contemplated by that plan. CER submits that plaintiffs in an Establishment Clause challenge bear the burden of pleading and proving every element of their claim.

Petitioners: Senel Taylor, Johnnietta McGrady, Christine Suma, Arkele Winston, and Amy Hudock & Susan Tave Zelman, Superintendent of Public Instruction,
Respondents: Doris Simmons-Harris, et al.

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