Are school choice programs subject to attack on other state constitutional grounds?
School choice opponents will press into service any and all arguments they can find. In Wisconsin, for example, the plaintiffs initially challenged the Milwaukee Parental Choice Program on the grounds that it was a “local” bill enacted as part of the budget, that it failed to provide a constitutionally mandated “uniform” education, and that it contained inadequate regulations to ensure the program’s public purpose would be fulfilled. The Wisconsin Supreme Court rejected the challenge on all grounds. Conversely, the Ohio Supreme Court struck down the Cleveland program because it was passed as part of the general budget in violation of the “single-subject” requirement. Allegations regarding racial segregation are likely to be rejected as ludicrous.
