Vermont Court Issues Another Defeat for Vouchers

The NEA Friday (June 11, 1999) hailed a rising tide of support for all America's children demonstrated in a new appellate court decision that strikes down another private school voucher program. It is the fourth appellate court decision in less than two months to strike a blow to anti-education, voucher proponents.

The Vermont Supreme Court ruled that religious school vouchers are illegal, finding that "public financing of religious education" violates the Vermont constitution because it "compel[s] taxpayer support of religious worship."

NEA President Bob Chase hailed the decision.

"America's children won an important victory today. Now let's get back to the job of improving public education instead of siphoning off scarce public resources for the benefit of a few," said Chase.

The Vermont lawsuit was sponsored, in part, by NEA and NEA-Vermont.

Since late April, three other appellate courts have struck down school voucher programs. The most far-reaching ruling is the May 27, 1999, decision by the U. S. Court of Appeals for the First Circuit that tuition subsidies to religious schools violate the Establishment Clause of the U. S. Constitution. That decision is binding in the states of Maine, New Hampshire, Massachusetts, and Rhode Island and in Puerto Rico. The Maine Supreme Judicial Court reached the same conclusion in an April ruling. And the Ohio Supreme Court in May struck down the failed Cleveland voucher program, although the court left open the possibility that the program could be reenacted.

NEA is also funding a legal challenge to a local private school voucher program adopted last year by the Southeast Delco (Pennsylvania) School District. The Pennsylvania Court of Common Pleas last October ruled that the voucher program is illegal. That case is now on appeal to the Pennsylvania Commonwealth Court.

Chase offered a number of solutions to improving education, including smaller class sizes and innovative programs like Success For All, a comprehensive pre-K-6 reading and language arts curriculum developed at Johns Hopkins University. Success For All, now operating in more than 1,100 schools nationwide, has dramatically improved reading performance for low-performing students. A 1999 report by the American Institutes for Research ranked Success For All at the top of 24 comprehensive school reform approaches. And, it can be implemented for a fraction of the cost of a voucher, Chase said.

"We know what works, and today's ruling gives communities everywhere clear direction on how to improve their academic performance," Chase said.