LEVELAND, Feb. 7 — The other afternoon at St. Rocco
School on this city's gritty west side, the first graders in one
classroom were reading aloud from a book about the four food groups
while the fifth graders down the hall were rattling off the economic
attractions of various American cities.
That they did so under the portraits of Jesus and the Virgin
Mary, on a day in which all of them would be required to pray at
Mass, was not unusual for a Roman Catholic school in the United
States.
But what distinguishes St. Rocco from Catholic schools in other
parts of the country is that the State of Ohio is paying the bulk of
the tuition for half of the school's 200 pupils, who are the
recipients of vouchers designed to help them and several thousand
other children in Cleveland flee failing public schools.
The question of whether such an arrangement amounts to outright
government aid to parochial schools and thus violates the
Constitution's separation of church and state will be taken up by
the United States Supreme Court this month. The justices are
scheduled to hear oral arguments on Feb. 20 on the legality of the
state's six-year-old tuition voucher program, which is open only to
parents in Cleveland, where barely a third of public school students
graduate from high school.
A complicating factor that the justices may well consider is
this: Many of the pupils who receive the tuition assistance were
already attending parochial or other private schools, raising
questions about whether the program is ending up assisting parents
who had already found the ways and means to educate their children
outside the public schools.
In the current school year, the state has awarded publicly
financed vouchers, worth as much as $2,250, to 4,456 students in
kindergarten through eighth grade, mostly from families living at or
below the poverty low. Each is permitted to attend 1 of 50 private
schools that has agreed to accept them. Like St. Rocco, nearly all
of those participating schools are affiliated with the Catholic
church or other religious groups. Fewer than 1 percent of the pupils
in the program are in nonreligious private school.
In a voucher program in Milwaukee, a third of the 10,000
participants are enrolled in nonreligious private schools. So the
Cleveland case, by contrast, provides the court with the opportunity
to make an unambiguous statement about the constitutionality of a
state-financed program that funnels nearly all of its money, through
parents, to religious schools.
The court will be hearing Ohio's appeal of a decision by the
United States Court of Appeals for the Sixth Circuit, which found
that the program was unconstitutional, ruling that it had the
"impermissible effect of promoting sectarian schools." Several years
ago, the Supreme Court declined to hear a challenge to the Milwaukee
program.
An endorsement of the Ohio program by the Supreme Court could
prompt other states and cities, and perhaps the Bush administration,
to consider following the lead of Cleveland, Milwaukee and Florida,
which has initiated a similar pilot program.
A negative ruling, if broad enough, could effectively silence the
private- school wing of the so-called school choice movement.
Voucher advocates have had to rely primarily on religious
institutions because such schools are usually among the few with
tuition low enough to have an incentive to accept the vouchers,
which may still be less than what the school normally charges.
"If you look at the voucher conversations that have taken place
to date, the constitutional ambiguity has served as a deterrent for
states to go the voucher route," said Eric Hirsch, an education
analyst at the National Conference of State Legislatures, a
nonpartisan organization with no position on such programs. "This
case, in clearing up some of these problems, could lead to potential
passage of legislation in this area."
But the Cleveland case also gives the court an opportunity to
explore whether the Ohio voucher program is succeeding in meeting
what supporters here and elsewhere cite as its primary mission: to
provide an escape route for low-income pupils, especially blacks,
mired in an inner- city public school system that is among the
lowest-rated in the nation.
Many of the Cleveland families receiving vouchers, which are
distributed via lottery, are indeed poor, with a median income of
about $20,000 annually. But an analysis by a private group found
that at least 33 percent of the pupils who received the vouchers
here in the last school year were already enrolled in parochial or
other private schools, and thus had never intended to go to public
schools, let alone transfer out of them with the state's help.
While half of the students who participate in the voucher program
are black, the proportion of students in the public school system
who are black is closer to three quarters, according to state
records, suggesting that blacks may not be applying in numbers
proportionate to their school population. Whites, by contrast, apply
for the program in numbers that are almost double their
representation in the public school population, the records show.
State officials said that they had no firm figure on the total
number of parents who applied for vouchers, because some who
received them ultimately gave them back and others who were
initially rejected were encouraged to apply again.
At St. Rocco, nearly every family that secured a voucher was
already sending its school-age children to the school. And more than
half of those families were white. Among the recipients is Kendall
Stefanowicz, 39, who has three sons at St. Rocco and who said that
without her three vouchers she would have had to get a job to
supplement the income of her husband, a truck mechanic.
"I can stay home with my kids," said Mrs. Stefanowicz, explaining
that her husband's income was less than $50,000 a year. "I can do
homework with them. I don't have to be stressed out."
Opponents of vouchers say that Mrs. Stefanowicz's rationale for
accepting the state's help — echoed by other parents at the school —
is a diversion of the program's primary aim and suggests that
parents who benefit are those who would have been sending their
children to religious schools without the aid. St. Rocco's, like
other religious schools, encourages the parents of current students
to apply for the program.
"It is not accomplishing the goal that is most often ascribed to
it by proponents," said Zach Schiller, a senior researcher at Policy
Matters Ohio, the nonprofit organization that analyzed the school
histories of the voucher participants, and which counts at least one
voucher opponent on its board. "It is not serving largely as a way
for inner-city African- American students to leave the public school
system."
Supporters of the program disagree. They point to statistics,
also compiled by Policy Matters Ohio, which suggest that 46 percent
of the students who receive vouchers do so on entering kindergarten,
and many of them may have ended up in public school had the program
not existed.
"At some point, these parents made a fundamental choice," said
Joseph P. Viteritti, a professor of public policy at New York
University and the author of a 1999 book, "Choosing Equality"
(Brookings), which supports vouchers for low-income students. "The
question is, should they be burdened financially because they made
that choice?"
Professor Viteritti and other voucher proponents also argue that
while 99 percent of the voucher recipients in Cleveland attend a
religious school, the program was not designed to engineer that
result.
In the program's first year, in 1996, about a quarter of the
recipients attended nonreligious private schools. But in the years
since, several of those schools either went out of business or
became charter schools, which are public and receive more money per
pupil from the state than if they were schools in the voucher
program. While the state invited suburban public schools to accept
the voucher students, none agreed to do so.
In the end, voucher parents say, they should be entitled to
direct part of their taxes to a school of their choosing, whether
public or private.
"It's basically a G.I. Bill for kids," said Clint Bolick, vice
president of the Institute for Justice, a public- interest law firm
that has defended the Cleveland, Milwaukee and Florida programs.
"Not a single dollar crosses the threshold of a religious school
until a parent chooses not to avail himself or herself of a public
education."