February 11, 2002

WILL THE SUPREME COURT VOUCH FOR VOUCHERS?
Examining How Past and Present Supreme Court Rulings Impact American Education

Grades:  6-8,9-12

Subjects:  Civics, Language, Social Studies

Related New York Times Article
"Cleveland Case Poses New Test for Vouchers, By JACQUES STEINBERG", February 11, 2002

Overview of Lesson Plan: In this lesson, students investigate past Supreme Court decisions that have centered on education issues and assess the ways in which those decisions have impacted American education. They then speculate on the outcome and potential impact of an upcoming Supreme Court ruling about vouchers.

SUGGESTED TIME ALLOWANCE:
1 hour

OBJECTIVES:
Students will:

  1. Translate the First Amendment into their own words; apply its main principles to examples from their own educational experiences.
  2. Examine the Cleveland voucher case by reading and discussing "Cleveland Case Poses New Test for Vouchers."
  3. Explore Supreme Court cases that have centered on education issues; assess how those decisions have impacted American education, including their own schooling; develop guides to their cases.
  4. Predict how they think the Supreme Court will rule in the Cleveland vouchers case and consider the possible impact of the decision on American education.

RESOURCES / MATERIALS:

ACTIVITIES / PROCEDURES:

  1. WARM-UP/DO-NOW: Students respond to the following prompt in their journals, written on the board prior to class: "The First Amendment of the Constitution of the United States reads: 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people to peaceably assemble, and to petition the government for a redress of grievance.' First, write a 'translation' of this amendment, putting it into your own words. Then, think about how the different rights set forth in this amendment affect your education. Write down one example of how each right mentioned in this amendment has been supported or demonstrated in your own schooling." After a few minutes, have students share their responses and discuss the following: What is the separation of church and state? Why did the framers of the Constitution think this was important? What examples can students identify in which the separation of church and state has become an issue in schools in the United States?
  2. As a class, read and discuss "Cleveland Case Poses New Test for Vouchers," focusing on the following questions:
    1. What distinguishes the St. Rocco School in Cleveland, Ohio from other Catholic schools in other parts of the country?
    2. Why is the State of Ohio paying the bulk of the tuition for half of the school's pupils?
    3. Why is the six year-old tuition voucher program being challenged legally?
    4. How might tuition vouchers amount to outright government aid to parochial schools?
    5. Why is outright government aid to parochial schools considered a violation of the Constitution?
    6. What is the factor, cited in the article, that complicates the issue even further?
    7. How many vouchers has the state awarded in Cleveland?
    8. To what schools may children who use vouchers for tuition go?
    9. According to the article, the Cleveland case 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." How does the Cleveland case differ from those in Milwaukee and Florida?
    10. What did the United States Court of Appeals for the Sixth Circuit decide about the Cleveland vouchers?
    11. What might a Supreme Court endorsement of the program mean for other states or the federal government?
    12. What might a negative ruling mean for the school choice movement?
    13. Why have voucher advocates had to rely heavily on religious institutions rather than non-sectarian private schools?
    14. According to Eric Hirsch, an education analyst at the National Conference of State Legislators, what has the constitutional "ambiguity" meant for voucher programs?
    15. What is the primary mission for the voucher program, according to its supporters?
    16. What percentage of the pupils who received the vouchers were already in parochial schools?
    17. Does the percentage of people applying for vouchers reflect the demographics of Cleveland? What statistics are offered in the article?
    18. Kendall Stefanowicz is profiled in the article. Why does she send her three sons to St. Rocco's? Does she use vouchers?
    19. How might opponents of the voucher system reply to Mrs. Stefanowicz's statement that she uses vouchers so that she does not have to get "stressed out"?
    20. Why does Zach Schiller of Policy Matters Ohio think that the voucher program is not "accomplishing the goal that is most often ascribed to it by proponents"?
    21. What has happened to many of the non-religious schools that were in the voucher program at its inception in 1996? How has this affected the program?
  3. Explain to students that they will be researching education-centered Supreme Court cases and assessing the impact that those cases have had on their education. Divide students into six groups, and assign each one of the following cases: Brown vs. Board of Education, Regents of the State of California vs. Bakke, West Virginia State Board of Education vs. Barnette, Engel vs. Vitale, Board of Education vs. Mergens, and Zobrest et al. vs. Catalina Foothills School District. Using all available materials, each group researches the answers to the following questions (written on the board for easier student access):
    • What events generated this case?
    • Who were the parties immediately involved in this case, and how? What was the perspective of each?
    • What constitutional question was being decided by this case?
    • What terms or concepts need to be defined to understand this case?
    • Had there been any precedent set by previous court decisions that impacted this decision? If so, what were they, and how were they applied?
    • How did the Supreme Court rule, and why?
    • What are or may be the far-reaching implications of this Supreme Court decision?
    • How has this case impacted American education?
    • What experiences have you had in your education that reflect the outcome of this case?
    After completing their research, each group develops a guide to their education-related court case, addressing all of the research questions with text, illustrations, and their own views and predictions.
  4. WRAP-UP/HOMEWORK: Groups complete their guides. In a future class, each group should present their case to the class and assist in leading a discussion about the issues that it raises. Each student should also respond to the following questions in his or her journal: "Considering what you now know about vouchers and about past Supreme Court decisions related to education issues, how do you think the Supreme Court will rule in the Cleveland vouchers case, and why? Based on your speculation how do you think this decision will impact American education? If you were on the Supreme Court, how would you rule in this case, and why?" Students should share their thoughts in a future class.

DISCUSSION QUESTIONS:

EVALUATION / ASSESSMENT:
Students will be assessed based on initial journal responses, participation in class and group discussions, thoughtful group research and presentation of an education-focused Supreme Court case, and final written response synthesizing their knew understanding of the vouchers issue and past Supreme Court decisions on education issues.

VOCABULARY:
voucher, violate, parochial, affiliated, unambiguous, cite, mired, proportion, rationale, proponent, ascribed

EXTENSION ACTIVITIES:

  1. Create a flow chart documenting a court case from its initial hearing to its journey through the Supreme Court. Include key events, dates, and people, and identify the different types of courts encountered.
  2. Research a current or historic Supreme Court justice, and write a short biographical sketch of him or her. Then, write a monologue that dramatizes (and quotes from) an opinion, either majority or dissent, of the justice you have chosen. Perform it for your class.
  3. Imagine you are writing a handbook for new justices. What sort of guidelines do justices of the Supreme Court need? Write an introductory chapter to your handbook, explaining some of the guidelines and the importance or weight of the job.
  4. Research the education controversies in your community. What are people debating in your hometown or city? What are the proposed solutions to the problems? (For instance, tracking is a big issue in many communities. Some communities are doing away with tracking, while others are calling it by another name.) How does the issue affect you? Write a letter to the editor of your local paper about the issue, presenting a well-thought out argument in favor or opposed to any of the proposed solutions.
  5. Design a program for your school that will improve it either academically or socially. After researching similar programs, write a proposal for your program. (For instance, some schools have after school programs that keep students off the streets and offer one-on-one tutoring.)

INTERDISCIPLINARY CONNECTIONS:
American History - Why does the Constitution explicitly prohibit the mixing of church and state? What are the historical roots of the separation of church and state? Research the evolution this issue, and write a report, highlighting key figures and events in creating this separation.

Economics - What percentage of your local taxes goes to the schools? What percentage of your state taxes goes to the schools or other education programs? Create a graph that compares the percentage of taxes that reaches the schools to the spending on the schools. Compare your figures to national figures.

Fine Arts - American musicians have a long history of writing protest songs when they believe that an injustice has been perpetuated. Write song lyrics or put lyrics to music that illustrate your feelings about an issue that has been or will be heard by the Supreme Court.

Mathematics - Carefully re-read "Cleveland Case Poses New Test for Vouchers." Using the numbers in the article, write three word problems. Solve the problems, and trade problems with classmates.

Media Studies - Keep a television journal for one week focusing on how popular television shows portray teachers and students. Reflect upon your findings and write a critical essay about the portrayal of teachers and students on television. Imagine that the only information you had about the American education system was from television. What conclusions would you draw?

Copyright 2002
The New York Times Company

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