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Comparative Constitutional Law Keyed to Sutton, 5th Ed.
Zelman v. Simmons-Harris
Citation:
536 U.S. 639 (2002)Facts
The Cleveland City School District, serving over 75,000 children primarily from low-income and minority families, was among the worst-performing school systems in the nation. 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 high school students dropped out before graduation. In response, Ohio enacted the Pilot Project Scholarship Program providing two types of assistance: (1) tuition aid up to $2,250 for students to attend participating public or private schools of their parents’ choosing, and (2) tutorial aid for students remaining in public schools. The program was part of broader educational reform including community schools and magnet schools. In the 1999-2000 school year, 56 private schools participated (46 religious), and over 3,700 students received scholarships, with 96% attending religiously affiliated schools. The program provided aid based on financial need, with families below 200% of poverty receiving priority and 90% of tuition costs.
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