An analysis of First Amendment issues concerning public funding of private schools with an emphasis on voucher plans in cases adjudicated by the United States Supreme Court as of 2002

In June, 2002, the United States Supreme Court upheld the constitutional soundness of a voucher plan that had been passed into law in Ohio. It was the first time the highest court rendered a decision in the matter. While the decision answered many questions for legislators and educators, it also raised many new questions.; The United States Constitution directed through the First Amendment that “Congress shall make no law respecting establishment of religion, or prohibiting the free exercise thereof….” States are expected to establish and provide a system of public education for grades K–12 to be financed through taxation and available at no charge to all children. The United States Supreme Court has been called on to interpret the Constitution and determine when the use of public funds for education in private, parochial schools is consistent with the United States Constitution.; This study identified educational, political, socio-economic and constitutional issues resulting from vouchers which use public money to provide tuition to private schools. Twenty-two United States Supreme Court decisions were analyzed to determine if there was evidence of a shift in the Court's jurisprudence in this matter from a “separationist” viewpoint to a “neutral aid” stance. The history of Supreme Court case law which addressed use of public money for private, parochial schools was annotated and relevant case law in states which already have voucher laws was reviewed.; A summary of the Supreme Court decisions decided through the year 2002, in which government aid was permissible to private, parochial schools under the Federal Constitution, was presented. This study also provided guidelines for government aid to private, parochial schools. The summary of findings was reviewed by a panel of eleven experts including lawyers, administrators and educators from both public and private schools. Their testimony is found in Appendix A. This study concluded with recommendations for further study.