INDIANAPOLIS | The state's new school voucher program, which gives Hoosier parents tax dollars to pay student tuition at private elementary and high schools, cleared its first legal test Monday.
Marion County Judge Michael Keele denied a request from a dozen plaintiffs, including members of the Indiana State Teachers Association, for a preliminary injunction to halt the program while its constitutionality is determined by the courts.
Keele said laws approved by the General Assembly are "clothed with the presumption of constitutionality," and ruled the plaintiffs are not likely to prevail on the merits of their constitutional claims, making an injunction unwarranted.
The judge's decision is almost certain to be appealed to the Indiana Court of Appeals.
The plaintiffs argued the voucher program undermines the state's constitutional mandate to provide for a uniform system of common schools open to all, and violates two constitutional provisions prohibiting state support of religious institutions.
Keele said so long as the state continues to fund public schools, the Indiana Constitution does not block the Legislature from also supporting students who choose to attend private schools.
Concerning state support of religion, Keele said since the program is not a direct tax to support a specific church, the vouchers are no different from state scholarship funds awarded to college students used to pay tuition at private, religious schools.
Under the Choice Scholarship Program for elementary and high school students, families meeting certain income requirements can receive a voucher from the state worth, in most cases, up to $4,500, paid directly to state-approved private schools for student tuition.
As of last week, 2,853 students attending 204 different schools have been approved for a voucher payment.