School Choice Through Vouchers: Drawing Constitutional Lemon-Aid From the Lemon Test

• NCJ Number: 167067
• Journal: St. John's Law Review Volume: 70 Issue: 2 Dated: (Spring 1996) Pages: 273-311
• Author(s): J A Bodemer
• Date Published: 1996
• Length: 39 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This paper examines the constitutional issues related to the use of vouchers to be used in the selection and funding of a public school.

Abstract

Part I of this paper outlines and explains the basic structure of a school voucher program. The outline highlights current proposals both in Congress and in State legislatures that call for the implementation of school voucher programs and discusses the status of the only voucher program currently operating in the United States. Part II addresses the constitutional issues raised by school voucher programs, specifically challenges under the First Amendment's Establishment Clause, and argues that school vouchers can withstand such challenges. Part III shows why school vouchers will work in reforming public schools and discusses the criticisms levied against these programs. The author argues that the original GI Bill, which provided for college tuition payments based on active duty service, was a government-sponsored education voucher program. If the tuition assistance portion of the GI Bill is both constitutional and effective, it should logically follow that a school voucher program at the State level would also be constitutional and effective. Critics claim, however, that school vouchers will re-segregate the school system, because only non- minority families will be able to take advantage of vouchers, thereby leaving minority children in failing public schools. This argument assumes that the public school system cannot reform and will not be able to compete with the attractiveness of private schools for those with vouchers. A voucher system will provide the incentive for public schools to improve the quality of education so as to retain students and funding through vouchers. Supporters of school vouchers do not want the public school system to fail, nor are they giving up on the public schools. Vouchers will provide parents of public school children with a choice in education when they determine the public school cannot get the job done. Students and their parents should not be forced to remain in an educational program that is ineffective. 180 footnotes