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Constitutional Law Keyed to Paulsen
Zelman v. Simmons-Harris
Citation:
536 U.S. 639 (2002)Facts
The Cleveland City School District served over 75,000 children, predominantly from low-income and minority families, in what had become one of the nation’s worst-performing school systems. In 1995, a federal court declared a “crisis of magnitude” and placed the district under state control. Only one in ten ninth graders could pass basic proficiency examinations, and more than two-thirds of students dropped out before graduation. In response, Ohio enacted the Pilot Project Scholarship Program providing two types of assistance: tuition aid for students to attend participating public or private schools of their parents’ choosing (up to $2,250 for low-income families), and tutorial aid for students remaining in public schools. Any private school, religious or nonreligious, could participate if located within district boundaries and meeting state standards. In 1999-2000, 56 private schools participated, 46 of which had religious affiliations. More than 3,700 students participated, with 96% enrolling in religiously affiliated schools. The program was part of broader educational reform including community schools and magnet schools.
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