Published: September 4, 1996

Choice: Judge OKs Voucher Plan

An Ohio judge has deemed Cleveland's school-choice program constitutional, opening the door for 2,000 low-income children to enroll in private and religious schools at state expense.

In a case being watched nationwide, Judge Lisa Sadler of Franklin County Common Pleas Court in Columbus ruled that the Cleveland voucher program does not violate the federal or state constitutions even though it allows state funds to flow to religious schools. "This court is persuaded that the nonpublic sectarian schools participating in the scholarship program are benefited only indirectly, and purely as the result of the genuinely independent and private choices of aid recipients," Judge Sadler said in her opinion.

The pilot program, enacted by state lawmakers in 1995 and strongly backed by Republican Governor George Voinovich, authorizes vouchers of up to $2,250 for low-income parents of children in grades K-3 to pay tuition at any participating private school or at public schools in adjoining districts. The program is to take effect this school year, though opponents are asking a higher court to block it while...