Zelman v. Simmons-Harris Supreme Court Ruling Steven Schappaugh EDL 276: Applications of School Law, Mandates, and Policies Professor Grundmeyer

Nuts & Bolts Zelman v. Harris-Simmons Rehnquist Court Docket 00-1751 Case came from United States Court of Appeals for Sixth Circuit Argued February 20, 2002 Decided July 27, 2002

Summary of Facts Question the court addressed: Is the Establishment Clause being violated by the Pilot Project Scholarship Voucher program in Ohio? Aid provided to families in need; families have autonomy as to where to apply the voucher 96% of students used aid for a school with religious affiliation 60% of families receiving aid were at or below poverty line Zelman v. Simmons-Harris. (n.d.) Oyez. Retrieved February 9, 2016, from https://www.oyez.org/cases/2001/00-1751

Decision Supreme Court ruled on a 5-4 decision in favor of vouchers The Court found that the Establishment Clause was not violated because the state was not determining where the money went, but instead, the families from various backgrounds. “{The} Ohio program is entirely neutral with respect to religion. It provides benefits directly to a wide spectrum of individuals, defined only by financial need and residence in a particular school district. It permits such individuals to exercise genuine choice among options public and private, secular and religious. The program is therefore a program of true private choice.” -Chief Justice Rehnquist

Implications for Schools Private schools: Additional sources of income Potential to diversify student enrollment Public schools: Increased competition for enrollment Enrollment challenges for poorer performing schools

Additional Resources https://www.oyez.org/cases/2001/00-1751 http://caselaw.findlaw.com/us-supreme- court/536/639.html https://www.law.cornell.edu/supct/html/00- 1751.ZS.html https://www.youtube.com/watch?v=9h8UtUAmuLw http://www.usccb.org/about/general-counsel/amicus- briefs/zelman-v-simmons-harris.cfm