Judge rules NC school voucher program unconstitutional

WRAL.com ^ | 08/21/2014 | Matthew Burns

[GIdget2004]

A Superior Court judge on Thursday overturned a state law that awards taxpayer-funded vouchers to low-income families who want to send their children to private or religious schools.

Judge Robert Hobgood ruled that the Opportunity Scholarship program is unconstitutional, upholding legal challenges filed by the North Carolina Association of Educators, the North Carolina School Boards Association and dozens of local school boards.

About 5,500 students applied for the annual grants of up to $4,200 per child, and the first $730,000 in tuition money for more than 360 students was released last Friday.

Hobgood issued a permanent injunction prohibiting any more state funds from being disbursed for vouchers. He said it would be up to the Attorney General's Office to determine how the state would recoup the money handed out last week if the ruling is upheld on appeal.

State lawmakers created the voucher program last year, setting aside $10 million for the Opportunity Scholarships to start in the 2014-15 school year. They added more money to the program in this year's budget to accommodate as many of the applicants as possible.

[FlingWingFlyer]

IMHO. America’s NUMBER ONE problem is that we have way too many “judges”.

[Hoodat]

So what part of the Constitution does this violate?

[molson209]

Want something killed just call it ,”unconstitutional”

[TexasFreeper2009]

I have NEVER understood why it is constitutional to give out loans and grants for student to attend a private or religious college, but is is apparently unconstitutional to give out grants in the form of vouchers for students to attend a private or religious primary school.

Can someone more versed in the law please explain to me the difference?

[Ingtar]

Educators want to starve your children of a good education!

[ReleaseTheHounds]

Back to the ghetto schools for you! How dare you parents think you know what’s best for your kids!

[Parmy]

We have allowed judges to have too much power. Also, IMHO, vouchers are a state enumerated power.

[Dilbert San Diego]

I don’t know.

And I don’t know if anyone else here can explain the difference. It’s quite possible that there is no legal difference, but, liberal judges make up these distinctions as they go along. They don’t exactly follow the constitution and apply the principles to the laws at hand when they issue rulings.

[exit82]

Under the long-running Leandro school funding lawsuit, , the General Assembly is required to ensure students receive a sound education, and Hobgood said lawmakers can't delegate that authority to "unregulated private schools" and to parents "who have self-assessed their children to be at risk."

"Appropriating taxpayer funds to unaccountable schools does not accomplish a public purpose," he said.

Translation: We can't let anyone horn in pon our educational racket, which by the way, is unaccountable for results, but shhhh--don't tell anyone.

[exit82]

“pon” is “on” in previous post.

[Da Coyote]

Funny how “educators” shy away from schools which provide real educations.

The teacher’s union can shove their silly little curricula up their collective Obamaholes.

And the future of our country will depend heavily on how soon we can GET RID OF PUBLIC SCHOOLS.

[BitWielder1]

How are vouchers unconstitutional while forcing kids into failing schools is constitutional?

[MrB]

I think their fallback argument is that taxpayer money will be going to religious institutions, which the left says is a violation of the establishment clause.

This argument is entirely specious.

Vouchers are given to families who choose where to send their kids and that money.
It in no way is “establishing” the equivalent of a State Religion analogous to the Church of England.

[MrB]

One bright note - the number of homeschooled kids has now exceeded the number of private schooled kids,

so the majority of parents who care now are choosing to take personal responsibility for their kids’ education.

[blueunicorn6]

There are two nations within our borders. There is The United States Of America and there is Democratland. The citizens of Democratland get their money by taking it from the citizens of The United States. The citizens of Democratland will say or do anything to be able to continue to take money from the citizens of The United States. Which nation will survive?

[servo1969]

The education system crab bucket.
School boards: Trying to climb out and go to the competition? Oh, no you don’t! That’s our money!

[PAR35]

The problem with vouchers is that the create a risk that poor and middle class children may get into schools for rich kids. No federal judge can allow that to happen. It’s just going to create conflict if the poor see what rules apply to the rich. And no rich dad wants to risk his kid falling in love with one of THOSE people.

[SpaceBar]

Just as in auto-immune diseases, the defensive mechanisms of the nation have been turned on itself. Years of under the radar judicial appointments and stealth campaigns have put the enemy in the driver’s seat.

[E. Pluribus Unum]

The teachers unions must be destroyed. Even Franklin Delano Roosevelt knew that public sector unions were an abomination.