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Americans United opposes private school vouchers because they are a threat to public education and religious freedom.

Vouchers—whether disguised as a scholarship, tuition tax credit or an education savings account—primarily fund religious schools. This violates the fundamental principle that taxpayer funds should never pay for religious education.

In addition, vouchers don’t work: they don’t improve educational outcomes, they lack accountability and oversight, and they fund schools that discriminate. They don’t give parents a “choice,” but instead allow private schools to pick and choose students. And, at the same time, they divert public dollars from public schools.


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Types of Vouchers

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Types of Vouchers


A Voucher By Any Other Name… Across the country lawmakers are introducing private school voucher bills that are disguised as something else. Although they may call them scholarships, tuition tax credits, education savings accounts, or portability provisions, these proposals are all really just private school voucher schemes. They all undermine public schools and divert money away from public schools to help private and religious schools.

  • Vouchers

A voucher (sometimes called a “scholarship”) is a handout of taxpayer dollars for private school tuition: The government writes a check sending taxpayer money to a private school.  

  • Tuition Tax Credits (TTCs)

TTCs are backdoor vouchers.  Under this scheme, individuals or corporations receive a tax credit in exchange for giving money to an intermediary organization, often called a “scholarship organization.” Then, the “scholarship organization” writes a check for tuition at a private school. In short, rather than collecting taxes and then giving a portion to a private school (a voucher), the government forgoes those tax dollars so long as they go to a private school (a TTC). The end is the same—money funneled to private schools and away from public schools.

  • Education Savings Accounts or Empowerment Scholarship Accounts (ESAs)

ESAs, like TTCs, are backdoor vouchers. Under the typical ESA proposal, when parents decide to send their children to private schools, withdrawing from public school, the state writes a check from the money allocated for educating those children in public school to an “education savings account.” Parents then use that taxpayer money to pay for private school tuition and thus taxpayer funds “follow the child” even when the child is not attending public school.

  • Title I Portability

Title I of the Elementary and Secondary Education Act is designed to provide extra funding to public schools serving students in areas with high concentrations of poverty. Title I “portability” are proposals to dismantle the existing program and turn it into a private school voucher: the money to help these public schools would instead “follow the child” to private schools. Some schemes would—initially—“follow the child” only to public schools, but even those programs would dilute the power of the funds and reduce their effectiveness. 

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State Legislation


Americans United has been fighting state legislation that would create or expand private school voucher and voucher-like programs for decades. Each year we oppose dozens of bills that would create vouchers, education savings accounts and tuition tax credits.


Federal Legislation
 

Americans United is a leader in the fight against federally funded private school voucher programs and serves as a co-chair of the National Coalition for Public Education (NCPE). NCPE is a coalition of more than 50 national organizations that support public schools and oppose private school vouchers. The coalition believes that public funds should go to public schools.

We have successfully fought nearly every attempt by Congress to create voucher programs. For example, in 2015, when Congress reauthorized the Elementary and Secondary Education Act, which is the law that governs the federally funded programs for K-12 education, we fought off several provisions that would have created federal voucher and voucher-like programs.

Nonetheless, over a decade ago, Congress forced the creation of a voucher program for the District of Columbia, which is the only federally funded voucher program in the country. Congress has continued to reauthorize it despite its clear failures—including four U.S. Department of Education studies showing that it does not improve academic achievement. We will continue to fight this program and point out its shortfalls.

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Litigation

 

Duncan v. Nevada

Nevada’s voucher program is the most extensive in the country, authorizing any child who has attended a Nevada public school for 100 days to receive a voucher that is worth approximately $5,000 and that is drawn from the state’s public-school account. Once their child has a voucher, parents can then use voucher funding to purchase religious education at religious private schools. Americans United, along with allied organizations, filed suit on behalf of several Nevada taxpayers who objected to this use of their tax money. We challenged the voucher law under the Nevada Constitution, which forbids using public money for a sectarian purpose.

 

Larue v. Douglas County School District

The Douglas County voucher program authorized 500 students to use state, per-pupil education funds, which had been earmarked for the public-school system, as vouchers to attend private religious schools. In 2011, Americans United filed a lawsuit on behalf of Colorado taxpayers to challenge the voucher program. In June 2015, the Colorado Supreme Court ruled in our favor, holding that the program violates a provision of the Colorado Constitution that forbids using taxpayer funds to finance religious schools.

 

McCall v. Scott

Although the Florida Supreme Court struck down the state’s school-voucher program in 2006, the Florida legislature has also enacted a tax-credit program that accomplishes essentially the same ends: use public dollars to finance education at religious private schools. In 2014, Americans United filed suit against the tax-credit program, arguing that it violates provisions of the Florida constitution pertaining to public education and the funding of religion.

 

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Editor’s Note: On April 19, the U.S. Supreme Court will hear arguments in the case Trinity Lutheran Church of Columbia v. Comer, which threatens to disturb the healthy distance between religion and government. Because of the importance of this lawsuit, we’re reposting a two-part blog by Carmen Green, a Madison fellow in AU’s Legal Department, explaining the case and its church-state separation implications.

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Pages

Most Recent Blog Posts
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We encourage our members, supporters and activists to take part in the March for Science this Saturday, or to join one of the satellite marches around the country. You can download and print an AU sign in support of sound science here.

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When I was in seminary in Wilmore, Ky., I served as a part-time missions pastor at a United Methodist church in town. The church was going through some transitions and was trying to figure out a vision for the coming months and years. The church had long been focused on caring for its own members through discipleship and preaching, but the members wanted to be more connected with the community, particularly with those who had yet to venture inside our doors.

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Editor’s note: This post was written by Samantha Brookover and Amanda Abramovich of West Virginia, the two plaintiffs in a federal lawsuit Americans United and our allies filed today in the U.S. District Court for the Northern District of West Virginia. On their wedding day in February 2016, the high-school sweethearts were harassed and disparaged by a Gilmer County clerk who cited her religion-based opposition to marriage for same-sex couples.

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Neil Gorsuch was sworn in this past Monday as the U.S. Supreme Court’s 113th justice, and his impact on pending religious freedom cases could be felt as early as next week.

On Monday, the court could announce whether it will grant review of the case Masterpiece Cakeshop v. Colorado Civil Rights Commission. For months, court watchers have been waiting to see whether the high court will take this case involving a Colorado baker who cited his religious beliefs as justification to discriminate against a same-sex couple by refusing to bake them a wedding cake.

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Less than a week before the U.S. Supreme Court is scheduled to hear arguments in the church-state separation case Trinity Lutheran Church of Columbia v. Comer, Missouri Gov. Eric Greitens yesterday announced that churches are now eligible for the type of grant that was denied to Trinity.

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Editor’s Note: On April 19, the U.S. Supreme Court will hear arguments in the case Trinity Lutheran Church of Columbia v. Comer, which threatens to disturb the healthy distance between religion and government. Because of the importance of this lawsuit, we’re reposting a two-part blog by Carmen Green, a Madison fellow in AU’s Legal Department, explaining the case and its church-state separation implications.

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There are people who support separation of church and state in the South – plenty of them. It has been my privilege over the years to meet with some.  

They even exist in Alabama. But there’s no denying that many of the residents of that state – and the Deep South generally – are enamored of very conservative forms of Christianity and see government as a vehicle for promoting that faith. They call this region the Bible Belt for a reason.

Supreme Court Next Week To Consider Case With Major Church-State Separation Implications

Editor’s Note: A week from today on April 19, the U.S. Supreme Court will hear arguments in the case Trinity Lutheran Church of Columbia v. Comer, which threatens to disturb the healthy distance between religion and government. Because of the importance of this lawsuit, we’re reposting a two-part blog by Carmen Green, a Madison fellow in AU’s Legal Department, explaining the case and its church-state separation implications.

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