People for the American Way and the American Civil Liberties Union (ACLU) recently filed a lawsuit challenging the constitutionality of two new school choice programs in Arizona. If they succeed, they’ll block an innovative plan to help some of the most at-risk children in society.
In July, Arizona Governor Janet Napolitano, a Democrat, signed into law two new school choice programs aimed at two groups of children that need better choices: students with disabilities and foster children. The foster children program would be the first in the nation.
The liberal groups now suing to derail these programs say that the new programs violate the state’s constitution because some students might choose to attend parochial schools – a charge they have levied against other school choice programs across the country.
But Tim Keller of the Institute for Justice, a public-interest law firm that defends school choice programs, explains that the programs don’t violate the state constitution. “The program is not created to benefit private or parochial schools,” he noted. “The program is designed to benefit children. And these children are in desperate need of aid.” Moreover, Arizona’s constitution has never been interpreted to forbid the state from improving educational options, such as by providing school choice.
How the Arizona Supreme Court will rule is uncertain. In 1999, the court upheld the state’s scholarship tax credit program in the face of a similar constitutional challenge. But this is the first time that it will consider the constitutionality of a school voucher program.
Two things are certain: The ruling will impact thousands of Arizona children and has the potential to affect many more across the nation. The challenges facing children with emotional, physical, or mental disabilities are well known. But foster children are too often overlooked. The new program was designed to address their unique needs.
By

