PHOENIX — The American Civil Liberties Union won its fight against disabled children Wednesday when the Arizona Supreme Court struck down a state program that allowed special needs kids to use vouchers at private schools so that they could receive the best educational opportunities. ADF attorneys joined attorneys from the law firm of Orrick, Herrington & Sutcliffe last year in
submitting a friend-of-the-court brief on behalf of a Christian school in defense of the voucher program, which was upheld by the Arizona Court of Appeals.
“The ACLU, People for the American Way, and the teachers’ unions have denied disabled children the educational opportunities they deserve. They are the ones hurt by this,” said ADF Legal Counsel Jeremy Tedesco. “Special needs students who attend Christian schools shouldn’t be penalized for their beliefs.”
“Any tuition that goes to a religious school is through the choice of the parent and for the benefit of the child. It is not ‘state support’ of that school,” explained Orrick attorney Raymond Mullady, who co-wrote the friend-of-the-court brief. “We truly disagree with the high court’s decision and are saddened by its consequences for Arizona’s special needs children.”
John and Dina Phipps and Brendan and Susan Fay, founders of Father’s Heart Christian School for the disabled, removed their developmentally and physically challenged children from the Arizona public school system because of the inadequate education they received there. Two of the children suffer from autism and the other from learning and physical challenges.
Upon receiving the customized instruction they needed at Father’s Heart, their behavior and participation improved remarkably and their academic performance rose several grade levels in just one year after leaving the government school system. The children receive vouchers through the Arizona Scholarships for Pupils with Disabilities program to attend Father’s Heart, but Wednesday’s decision from the Arizona Supreme Court effectively kills the program.
Cave Creek Unified School District board member Virgel Cain, the ACLU, People for the American Way, a number of teachers’ unions, and others filed suit against Arizona State Superintendant of Public Instruction Tom Horne to challenge the constitutionality of the voucher program.
Earlier this month in a separate lawsuit,
the Arizona Court of Appeals ruled against the ACLU, upholding a state program for corporate taxpayers that allows tuition scholarships to be used by students at public or private schools, including religious schools.
- Opinion issued by the Arizona Supreme Court in Cain v. Horne
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family. ADF President Alan Sears is co-author with Craig Osten of the book The ACLU vs. America (www.acluvsamerica.com).
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