Arizona Supreme Court Nullifies Voucher Program
http://www.baptiststandard.com/index.php?option=com_content&task=view&id=9345&Itemid=53
The path to a voucher program for students who desire to use state money to attend a private, parochial school became more difficult in Arizona when the state supreme court ruled an existing program unconstitutional. The program in Arizona provided money for students in special education programs and in foster care. According to this article in the Texas Baptist Standard, the ruling will affect about 475 students. They will continue to receive the vouchers through this school year.
It does not appear that the courts are going to allow any tax dollars to be provided to religious based private schools, including Christian schools, regardless of the method of delivery, or the purpose of the programs in which the students are involved. Direct aid has pretty much been ruled out previously, this was a form of indirect aid, a grant that allowed students with special educational needs to opt for education in a Christian school, specifically to enroll in programs in those schools that public schools might not offer. It also provided for foster children to attend a private school if they chose to do so.
It is difficult to translate taxpayer funds into a Christian school through a voucher system without touching on several sensitive areas. First, though we tend to think in terms of these funds being “ours,” the fact of the matter is that when they are blended with the dollars of other taxpayers, they cease to be ours. And even though schools which are taxpayer supported receive money from their local district, state and the federal government based on their enrollment, the money is not directly given to the students themselves, and the amount received is not based on the actual cost per student in that school district. Vouchers exceed the amount that any individual taxpayer pays into the eductional system, so receiving a voucher, whether it goes to the student directly or to the school he attends, causes problems as far as the courts are concerned.
It does not appear that there has been much political support for this system from the outset. Some politicians have given it lip service, but when it comes to actually writing and passing laws to enact legislation to put it in practice, not much has been done. Most voucher programs carry regulations that restrict the school’s freedom in the area of Christian instruction and practice. It appears that the judicial system, whether on the state or federal level, is increasingly moving to stop the practice. Even conservative judges are nervous when it comes to this issue. So is there something that can be done?
The Kingdom Educator has a couple of suggestions.
1. Allowing parents who home school their children or who send them to a private school, Christian or secular, to deduct the tuition and fees from their taxable income would be a start. That does not involve money changing hands, the expense is verifiable, and it is not money that is, at least technically, invested in something with a profitable return from a strictly financial perspective. This doesn’t violate any constitutional principle that I can see, since everyone would be entitled to deduct all educational expenses from their income.
2. Allow individual taxpayers to designate a school to which their educational tax money would go. That also does not violate any constitutional principle, since those who would rather that their money not go to support a Christian school would not be compelled to do so. Parents with children in Christian schools could designate their educational property tax to the school their children attended, and while that would not pay their full tuition and fees, businesses and individuals who are supportive of Christian education in their community could also designate, and that would make a big difference.
Let’s fast and pray for some creativity with this, so that Kingdom Education can be about the Kingdom, and not on fighting the courts and the legislature for money, or warding off the strings they want to attach.