Skip to main content

Mobile Navigation

  • National
    • Policy
      • High Expectations
      • Quality Choices
      • Personalized Pathways
    • Research
    • Commentary
      • Gadfly Newsletter
      • Flypaper Blog
    • Events
    • Scholars Program
  • Ohio
    • Policy
      • Priorities
      • Media & Testimony
    • Research
    • Commentary
      • Ohio Education Gadfly Biweekly
      • Ohio Gadfly Daily
  • Charter Authorizing
    • Application
    • Sponsored Schools
    • Resources
  • About
    • Mission
    • Board
    • Staff
    • Career
Home
Home
Advancing Educational Excellence

Main Navigation

  • National
  • Ohio
  • Charter Authorizing
  • About

National Menu

  • Topics
    • Accountability & Testing
    • Advanced Education
    • Career & Technical Education
    • Charter Schools
    • Curriculum & Instruction
    • ESSA
    • Evidence-Based Learning
    • Facilities
    • Governance
    • Personalized Learning
    • Private School Choice
    • School Finance
    • Standards
    • Teachers & School Leaders
    • Think Again
  • Research
  • Commentary
    • Gadfly Newsletter
    • Flypaper Blog
    • Gadfly Podcast
  • Events
  • Scholars Program
Flypaper

School choice finds itself back in court

School choice finds itself back in court
11.4.2010

Are tax credit scholarship programs constitutional when the state tuition organization overseeing the donations funnels them to private schools of a particular religion?

That's the latest school choice question to come across the US Supreme Court bench, specifically as it relates to the constitutionality of Arizona's 13-year old tax credit program. Ohio (and many other states with tax credits or even voucher programs) should pay attention as the case will likely have ?broad ramifications for state policies that end up helping religious education, a fractious area of the law that has regularly found the justices split along ideological lines.?

USA Today refers to the landmark 2002 case, Zelman v. Simmons-Harris, which upheld the constitutionality of Ohio's Cleveland?Scholarship and Tutoring Program ? the state's first voucher program which allowed parents to send kids to private (including religious) schools.

The difference between the Arizona case and Zelman appears to center on genuine parental choice. With Cleveland's program, the court ruled that parents had a true choice between using the voucher for religious or secular schools, but under Arizona's tax credit program the state tuition organization can ?limit the scholarship they offer to schools of a given religion, and many do.?

The ruling could have an impact on multiple states with such programs, though tax credit programs vary widely state by state and not all of them have an Arizona-like feature wherein tuition organizations can restrict funds to religious schools.

This may seem like an obscure issue to Ohioans, but a mid-2009 survey conducted by the Friedman Foundation for Educational Choice found that 54 percent of K-12 parents favor ?tax credits for individuals and business funding private school scholarships? ? about the same number who favored each of Ohio's three voucher programs.

And given this week's Republican takeover of the governorship and the Ohio House, and a GOP boost in the Ohio Senate ? it's likely that tax credit scholarships could be on the policy table soon now that more school choice advocates are in the Statehouse.

- Jamie Davies? O'Leary

Tags: Arizona Cleveland EdChoice Ohio Ohio Senate Republican Party Supreme Court of the United States
+2 More Show Less
Fordham Logo

© 2026 The Thomas B. Fordham Institute
Privacy Policy
Usage Agreement

National

P.O. Box 110
Burke, VA 22009

202.223.5452

[email protected]

Ohio

P.O. Box 82291
Columbus, OH 43202

614.223.1580

[email protected]

Sponsorship

130 West Second Street, Suite 410
Dayton, Ohio 45402

937.227.3368

[email protected]