The decision comes as the Republican-controlled General Assembly is working on legislation to expand the program by loosening income guidelines for some students and letting kindergartners start at a private institution without first attending a public school.

House Education Chairman Bob Behning, an Indianapolis Republican and key proponent of the law, said the decision takes away one of the arguments opponents have been using to fight it.

“We always felt that we had done our work and that constitutionally we did not have an issue with the way it was created,” Behning said. “Obviously now they’ve validated it, confirmed it.”

The General Assembly passed the voucher law in 2011 and the Indiana State Teachers Association quickly filed suit to stop it from taking effect. A Marion County Superior Court judge ruled in favor of the voucher law last year. ISTA appealed and the state’s highest court took the case.

The central question for the court was whether the benefits from vouchers directly or incidentally benefit some religious-based schools.

ISTA argued the vouchers directly underwrite religious-based teaching. But Indiana Solicitor General Thomas Fisher – who represented the state – had told the court that the voucher program is about educational choice, not religion.

Briefly, the court rejected claims that the program violates provisions of the Indiana Constitution regarding education and religion. The court emphasized that Indiana's Constitution does not intend to prohibit religious institutions from receiving indirect government services, "such as fire and police protection, municipal water and sewage service, sidewalks and streets," but only prohibits expenditures directly benefiting such institutions. The direct beneficiaries of the voucher program are not the schools but those eligible families who are free to select which schools to attend.

The opinion concludes that the Choice Scholarship Program is within the legislature’s power and does not violate the Indiana Constitution. The Court’s decision Tuesday affirms the ruling of Marion Superior Court Judge Michael Keele, who granted judgment upholding the legislation and rejected claims of constitutional violation.

State Superintendent Glenda Ritz, a Democrat, was an original plaintiff in the case. That was before she ran for state office. After she defeated incumbent Republican Tony Bennett – who helped push the vouchers into law – Ritz removed her name as a plaintiff.

She said in a statement Tuesday that she will “follow the court’s ruling and faithfully administer Indiana’s voucher program.”

“However, I personally believe that public dollars should go to public schools, and I encourage Hoosiers to send that message to their representatives in the Statehouse,” she said.

The voucher program – the broadest in the nation – allows low- to moderate-income families to obtain state-funded vouchers to pay for up to 90 percent of private school tuition. Currently, the law requires students to attend a public school for one year before using a voucher.

In its first year, nearly 4,000 students participated. This year, 9,324 families signed up.

The court decision – written by Chief Justice Brent Dickson – emphasized that the court did not consider the public policy merits of the voucher program.

“Whether the Indiana program is wise educational or public policy is not a consideration germane to the narrow issues of Indiana constitutional law that are before us,” the ruling said. “Our individual policy preferences are not relevant. In the absence of a constitutional violation, the desirability and efficacy of school choice are matters to be resolved through the political process.”

Local schools react to Supreme Court decision

The progress of the voucher program has been monitored locally by officials at both Eastern Pulaski and West Central schools.

"It appears the state legislature is attempting to support at least three types of school systems - public, charter and private - from the same pot, and as a result they are not doing a very good job with any of them," observed Dr. Robert Klitzman, superintendent of Eastern Pulaski Community Schools.

"There are a lot of dreams and aspirations out there, but they are not based in reality," he continued.

He questioned the priorities of state leaders, especially in the ability to "take care of our schools." He explained there is a lot of aging school infrastructure in the state and the bleeding of state funds away from public schools will someday "come home to roost."

Both Eastern Pulaski and West Central, along with most state public schools, have had  to deal with declining funding in recent years due to tax restructuring, grant cut-backs, the recession and now vouchers. Especially difficult have been efforts to avoid cutting staff, especially teachers and programs.

"There doesn't appear to be any end in sight," said Klitzman, explaining that new teachers are being told not to anticipate salaries above the mid-$30,000 for years to come. "How will we attract good people into education when we can't pay them well, but the government demands more and more accountability?"

West Central Superintendent Charles Mellon agreed that public state education funds, further divided among charter and private schools, cuts into public school funds. "Moneywise, part of those funds would be ours," were it not for the voucher program.

He believes the voucher program was not well explained when it was introduced two years ago, and that many citizens did not realize public tax dollars would be used for private schooling.

Mellon also questions whether charter schools can be considered "public" schools as they are usually touted to be. "This is not really true," he explains. "Their standards are different."

He expressed the hope that further expansion of the voucher program will be put on hold for a few years to fully review its impact and effectiveness.

Gov. Pence praises Indiana Supreme Court decision on 'school choice'

INDIANAPOLIS - Gov. Mike Pence issued the following statement regarding the Indiana Supreme Court's decision on school choice Tuesday morning:

"I welcome the Indiana Supreme Court's decision to uphold Indiana's school choice program. I have long believed that parents should be able to choose where their children go to school, regardless of their income. Now that the Indiana Supreme Court has unanimously upheld this important program, we must continue to find ways to expand educational opportunities for all Indiana families."

Speaker Bosma calls Indiana Supreme Court decision 'a victory'

INDIANAPOLIS - Indiana Speaker of the House Brian Bosma (R-Indianapolis) issued this statement following the Indiana Supreme Court decision on the voucher program.

“Today’s unanimous Supreme Court decision is clearly a victory for the 9,400 low income students whose families have selected a school of choice through Indiana’s education scholarship program. It is also a victory for every Hoosier that supports school choice as a means of making every traditional public, private, and charter school compete to give the very best education to their students.

“We will continue the fight to make Indiana’s public, private, and charter schools the very best in the nation. Our state’s future depends on it.”

Lanane stresses legislative responsibility, calls for exhaustive study

INDIANAPOLIS –Senate Democratic Leader Tim Lanane (D-Anderson) gave the following statement in response to Tuesday’s ruling from the Indiana Supreme Court concerning the state’s school voucher program.

“In light of today’s decision by the Indiana Supreme Court concerning vouchers, we feel this only heightens the need for the Indiana General Assembly to scrutinize the fiscal impact of expanding vouchers and study what oversight measures are necessary to protect taxpayer investment.

“We must be careful not to judge this as an affirmation of vouchers, if anything it should give even more reason for pause.

“The court has specifically noted the role of the legislature in determining the state’s educational policies. I would join the growing chorus of others in the belief that the impact the voucher program has on every Hoosier child’s ability to obtain a high-quality education deserves a thorough study.

“Determining these policies is now squarely the legislature’s responsibility. To not give this issue careful consideration would be reckless.

“We echo the previous sentiments of our colleagues across the aisle as to the concern over the long-term impact of vouchers on our public schools.

“Therefore, before expanding this program any further, we will push for a study of the long-term impacts of vouchers. A study previously called for by members of both parties.

The above article was compiled from news releases from the Indiana Supreme Court, state elected officials and The Statehouse File, plus local interviews by PualskiPost.com