The Constitutionality of Education Vouchers under State and Federal Law. House Research Information Brief.

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12

Constitutional Law; Court Litigation; Educational Vouchers; Elementary Secondary Education; Private School Aid; State Church Separation; State Courts; State Legislation

Many states are looking at education vouchers and asking whether a market solution can improve the quality of public education. The answer partially depends on how government and religion will interact and whether states' constitutions or the religion clauses in the United States Constitution will permit voucher plans to include religious schools. This information brief examines the constitutionality of education vouchers under state and federal law. It discusses Minnesota's relevant constitutional provisions, constitutional challenges to education vouchers in other states, and federal constitutional provisions that are implicated in the discussion. A conclusion is that if government supplies or lends equipment or material, it must be to the religious-school students and their parents. If government supplies teaching or administrative services, the personnel who supply the services must not be subject to control of the religious school. If government supplies health, diagnostic, remedial, testing, or counseling services to students in a religious school, it must provide all but the most impersonal and limited services off the school campus. If government provides state payments for students to attend a religious school, the aid must flow to the students and parents; the students and parents must also be allowed to make individual choices about school attendance. Finally, if government funds aid programs that benefit religious schools, the age of the students is important because young students may be more likely to see state aid as a symbol of government endorsement of religion. A chart illustrates the permissible and impermissible forms of public aid to nonpublic schools. (LMI)

1996

ED389045