December 15, 2000 CONGRESSIONAL RECORD Ð Extensions of Remarks E2205 EXTENSIONS OF REMARKS CLEVELAND SCHOOL VOUCHER who argued the case for a group of parents erished parents back vouchers as a free-mar- PROGRAM DECLARED UNCONSTI- and teachers challenging the vouchers. ``The ket solution to what they see as the failure TUTIONAL message is, let's focus on improving the pub- of inner-city schools; the teachers' unions lic schools and stop playing around with have spent millions of dollars fighting vouchers as a panacea.'' vouchers, which they and many educators HON. JOHN CONYERS, JR. In the ruling, Judge Eric L. Clay of the believe would drain resources from the OF MICHIGAN United States Court of Appeals for the Sixth schools that most need them. IN THE HOUSE OF REPRESENTATIVES Circuit said the Cleveland program did not Vouchers were a main point of fissure in present parents with a real set of options, be- the education debate of this fall's presi- Friday, December 15, 2000 cause few nonreligious private schools and dential campaign. Vice President Al Gore ve- Mr. CONYERS. Mr. Speaker, today I am no suburban public schools had opened their hemently opposes the use of any public pleased to offer for the record my congratula- doors. In 1999±2000, 96 percent of the 3,761 money for private schools, while Gov. George tions to Judge Eric L. Clay of the United voucher students attended sectarian schools, W. Bush of Texas wants to give children in receiving up to $2,500 each to offset tuition. consistently failing schools $1,500 in federal States Court of Appeals for the Sixth Circuit, ``This scheme involves the grant of state money to use however they like, including an outstanding judge, and a man who pos- aid directly and predominantly to the coffers for tuition. sesses a high degree of common sense and of private, religious schools, and it is un- Yesterday's ruling in the Cleveland case, pragmatism. Judge Eric L. Clay ruled that the questioned that these institutions incor- Simmons-Harris v. Zelman, comes a year Cleveland school voucher program was un- porate religious concepts, motives and after a lower-court federal judge struck down constitutional, because it did not present par- themes into all facets of their educational the program, saying it had ``the effect of ad- ents with a real set of options, and few non- planning,'' wrote Judge Clay, a 1997 Clinton vancing religion through government-spon- religious private schools and no suburban appointee who was joined in the opinion by a sored religious indoctrination.'' 1991 Bush appointee, Judge Eugene E. Siler. Judges Clay and Siler acknowledged in public schools had opened their doors. He ``There is no neutral aid when that aid their opinion that vouchers had been ``the wrote, and I quote, ``This scheme involves the principally flows to religious institutions,'' subject of intense political and public com- grant of state aid directly and predominately to the decision said, ``nor is there truly `private mentary, discussion and attention in recent the coffers of private, religious, schools, and it choice' when the available choices resulting years'' but said they could not take part in is unquestioned that these institutions incor- from the program are predominantly reli- the ``academic discourse on practical solu- porate religious concepts, motives, and gious.'' tions to the problem of failing schools.'' themes into all facets of their educational plan- Voucher supporters promised to appeal the Instead, they based their opinion largely ruling and expressed confidence about their on a 1973 Supreme Court ruling in a New ning.'' Judge Clay is a 1997 Clinton appointee. chances at the high court, which has hinted York case, Committee for Public Education Given the current national debate around at its openness to vouchers in recent years v. Nyquist, which rejected a tuition-reim- school vouchers, his ruling is of critical impor- with several 5-to-4 decisions allowing public bursement program for parents of private tance to a full understanding of the issue. 82% money to be used in parochial schools for school students. Yesterday's ruling also pays of the citizens of Detroit recently held a ref- textbooks, transportation and teachers' close attention to the concurring opinion of erendum, and voted down the use of school aides. Justice Sandra Day O'ConnorÐwidely seen vouchers. It is my firm belief all children ``The day of reckoning is drawing closer,'' as the swing vote on vouchersÐin a case should have the opportunity to attend first said Clint Bolick, a lawyer for the Wash- from last term, Mitchell v. Helms, which class public schools that have the highest aca- ington-based Institute for Justice, which upheld the purchase of computers for paro- helped defend the voucher program. ``This chial schools. demic standards, and the best learning envi- decision is a disaster for every schoolchild in ``The voucher program at issue constitutes ronment possible. This can be best achieved America, but it will be short-lived.'' the type of `direct monetary subsidies to re- by reducing class size, hiring more teachers, Students in the Cleveland program will ligious institutions' that Justice O'Connor teaching phonics, implementing mentoring and probably be allowed to finish the year at found impermissible,'' the Sixth Circuit after school academic enrichment programs, their current schools, lawyers for both sides judges said. ``To approve this program would universal Head Start, increasing teacher's sal- said. The Supreme Court has already inter- approve the actual diversion of government aries, and creating a world class public school vened once in the case, to allow voucher re- aid to religious institutions in endorsement cipients to remain in parochial schools pend- of religious education, something `in tension' infrastructure. School vouchers is a panacea ing the appeal, and an extension of that with the precedents of the Supreme Court.'' that will only benefit a small percentage of our order is expected. Judge James L. Ryan, appointed to the kids, and therefore, should be discarded as a ``Whatever I have to do to keep her there, bench by President Ronald Reagan in 1985, viable policy alternative once and for all. I'm going to do that,'' said Roberta Kitchen, submitted a sharp dissent accusing his fellow guardian for Toshika Bacon, who uses a judges of ``nativist bigotry'' and denouncing A RULING VOIDS USE OF VOUCHERS IN OHIO voucher to attend a Christian school. the quality of Cleveland's public schools. He SCHOOLS ``If it means borrowing, second job, go fur- argued that the Supreme Court's rulings [From the New York Times, Dec. 12, 2000] ther into debt, having to juggle my bills since the Nyquist case suggested a shift in By Jodi Wilgoren around,'' Ms. Kitchen said, ``whatever I need thinking on subsidies to private and paro- A Federal Appeals court declared a Cleve- to come up with that tuition.'' chial schools and called the majority opinion land school voucher program unconstitu- Cleveland's voucher program, which gives ``absurd'' and ``meritless.'' tional yesterday, upholding a lower court precedence to low-income families, has been ``In striking down this statute today, the ruling that the use of public money to send in litigation since it began in 1995 and has majority perpetuates the long history of thousands of children to parochial schools long been seen by both sides as the likely lower federal court hostility to educational breaches the First Amendment's separation test case bound for the Supreme Court. The choice,'' Judge Ryan wrote, going on to call of church and state. justices have already declined to review the the ruling ``an exercise in raw judicial power The 2-to-1 decision, which included a vitri- nation's oldest and largest voucher program, having no basis in the First Amendment or olic exchange among the judges, sets the which began in Milwaukee in 1990 and was in the Supreme Court's Establishment stage for a United States Supreme Court upheld by the State Supreme Court in 1998. Clause jurisprudence.'' showdown on one of the most contentious In Florida, the legal battle over a statewide Judge Ryan's harsh words prompted the issues in education politics today. It comes a voucher program has focused so far on the same from his colleagues. The majority com- month after voters in Michigan and Cali- mandate to provide public education, not the plained of ``hyperbole'' and ``gratuitous in- fornia roundly rejected school voucher pro- church-state question; a state appellate sults,'' saying ``it is the dissent and its rhet- grams in ballot initiatives and is the most judge's ruling that the program is acceptable oric which should not be taken seriously.'' significant legal decision yet on the ques- is being appealed to the Florida Supreme Gov. Bob Taft of Ohio, a Republican, de- tion. Court. clined to comment on the case, other than to ``We certainly hope everyone will get the Apart from the constitutional disputes, the express disappointment, as did the state's message,'' said Robert H. Chanin, general battle over vouchers concerns the very defi- top education official, Susan Tave Zelman, counsel for the National Education Associa- nition of the public-school system. A coali- who is named as a defendant. Neither Cleve- tion, the nation's largest teacher's union, tion of corporate philanthropists and impov- land's mayor, Michael R. White, nor Barbara ∑ This ``bullet'' symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. VerDate 11<MAY>2000 04:26 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A15DE8.000 pfrm04 PsN: E15PT2 E2206 CONGRESSIONAL RECORD Ð Extensions of Remarks December 15, 2000 Byrd-Bennett, the chief executive officer of broken only by state-coloured rivers.