The Indiana Supreme Court this week upheld the law creating the nation’s broadest school voucher program, clearing the way for a possible expansion.
In a 5-0 vote, the justices rejected claims that the law primarily benefited religious institutions that run private schools and accepted arguments that it gave families choice and allowed parents to determine where the money went.
The court said the law did not violate the Indiana Constitution’s guarantee of religious freedom or a ban on the use of state funds for religious institutions. It noted that while the Constitution does not allow direct spending on religious institutions, it doesn’t prohibit them from receiving indirect government services, “such as fire and police protection, municipal water and sewage service, sidewalks and streets.”
The Indiana case has received national attention because the program has wide eligibility. Middle-class families are allowed to participate in Indiana, while in most states, such programs are limited to low-income families or those in failing schools. Jeff Reed, spokesman for the Friedman Foundation for Educational Choice, said 530,000 Indiana students qualify for vouchers.
Indiana lawmakers have been looking this year to expand the program further, introducing a bill to waive a requirement that students attend at least one year of public school before becoming eligible for a voucher. Kindergarteners, siblings of current voucher students and some others would become immediately eligible.
The Indiana State Teachers Association had filed suit over the program, saying it drained money from public schools. Its attorney, John West, told the court in November that virtually all of the voucher money goes to schools whose primary purpose is to promote the teachings of their affiliated churches.
Teacher Teresa Meredith, the main plaintiff in the lawsuit and vice president of the Indiana State Teachers Association, called the ruling a setback for public education.
“I still very much believe that public schools are where most of our society is educated and we need to be investing and making those the best they can be,” she said.
Solicitor General Thomas Fisher, defending the law, told the court in November that parents were free to send their children to any school they wished, public or private, religious or not.
The state Supreme Court agreed with that, saying in a 22-page opinion written by Chief Justice Brent Dickson that the program primarily benefited parents, not schools, because it gave parents choice in their children’s education.
Voucher critics contend the vouchers could cripple public schools by diverting desperately needed funds.
State School Superintendent Glenda Ritz said, “While I have great respect for the court, I am disappointed in today’s decision.” She said in a statement that, “As State Superintendent, I will follow the court’s ruling and faithfully administer Indiana’s voucher program. However, I personally believe that public dollars should go to public schools, and I encourage Hoosiers to send that message to their representatives in the Statehouse.”
