Education Vouchers: an Overview of the Supreme Courtâs Decision in Zelman v. Simmons-Harris (CRS Report for Congress)
| Release Date |
July 3, 2002 |
| Report Number |
RS21254 |
| Report Type |
Report |
| Authors |
Christopher Alan Jennings, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
Education vouchers generally refer to school choice programs in which the state will help parents
pay tuition for their children to attend out-of-district public schools, charter schools, private schools,
and, sometimes, religious schools. When vouchers are used by parents to send their children to
religious school, public dollars flow from public to religious coffers, and therefore, may violate the
Establishment Clause of the First Amendment. However, in Zelman v. Simmons-Harris ,
the
Supreme Court upheld an Ohio school educational choice program that gave poor families in the
Cleveland public school system an opportunity to send their children largely at state expense to
private schools, including religious schools. This report provides factual background and
summarizes the Court's prior precedent, the Sixth Circuit's decision, and the Supreme Court's
analysis of the relevant constitutional issues. It will not be updated.
