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Arizona Special Needs and Foster Care Scholarships

Cain v Horne
IJ & Parents Fight Second Legal Challenge

Andrea Weck with her daughter Lexie.

A coalition of special interest groups filed its second legal challenge to Arizona’s school choice programs for special needs and foster children on February 20, 2007.  The Arizona Supreme Court rejected the first challenge in January 2007, and once again, IJ is intervening to defend the programs on behalf of parents.

Arizona’s scholarship program for children with disabilities is the fourth such program in the country and the first ever to be challenged in court, and the program for foster children—a highly at-risk population—is the first of its kind in the nation.

Fortunately, Arizona case law is very favorable to programs that offer parents educational choices beyond the traditional public schools.



Essential Background

Images

Backgrounder

Client Profiles and Photos

Latest Release: Arizona Appeals Court Overturns Ruling for School Choice, Scholarships for Special Needs and Foster Children in Jeopardy (May 15, 2008)

Client Video - none available

Legal Briefs and Decisions

Launch Release: Institute for Justice Vows to Defend Arizona’s Scholarships for Disabled and Foster Care Students From Unprecedented Legal Attack (October 12, 2006)

Decision: Maricopa County Superior Court (June 13, 2007)

Case Timeline (Second challenge)

Choice Opponents' Lawsuit Filed:

February 20, 2007

IJ Intervention Filed:

March 13, 2007

Court Filed:

Maricopa County Superior Court

Current Court:

Arizona Court of Appeals

Decision(s):

June 14, 2007: Maricopa County Superior Court upheld program

Status:

Awaiting oral argument on appeal

Next Key Date:

TBD

Case Timeline (First challenge)

Choice Opponents' Lawsuit Filed:

November 14, 2006

IJ Intervention Filed:

December 7, 2006

Court Filed:

Arizona Supreme Court

Decision(s):

January 9, 2007: Arizona Supreme Court declines to hear first challenge

Status:

First case completed

Next Key Date:

None

Additional Releases

Maps, Charts and Facts

Latest Release: Arizona Appeals Court to Hear Challenge; To Scholarships for Special Needs and Foster Children (April 21, 2008)

Download Report : Private Choice In Public Programs: How Private Institutions Secure Social Services for Arizonans

Release: Another Victory for School Choice: Superior Court Judge Declares Scholarships For Disabled and Foster Children are Constitutional (June 13, 2007)

Visit our comprehensive School Choice Media Kit

Release: IJ & Arizona Parents Step In Again To Defend Scholarships for Disabled and Foster Children (March 13, 2007)

Release: IJ & Parents to Defend Arizona’s New School Choice Programs—Again (February 20, 2007)

Release: Victory for School Choice: Arizona Supreme Court Declines to Hear Lawsuit Threatening Scholarships for Disabled and Foster Children (January 9, 2007)

Op-eds, News Articles and Links

none available

Release: New Report Shines Light on Arizona’s Little-Known Voucher Programs (January 2, 2007)

Latest Release: Parents to Fight First-Ever Lawsuit Threatening Scholarships for Disabled and Foster Children (December 7, 2006)

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