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 Supreme Court Confirms That Scholarships For Special Needs and Foster Children Should Continue, But Legislature Cuts Program Funds (June 30, 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)		Legal Document: Petition for Review to Arizona Supreme Court (June 19, 2008)
		Legal Document: Parent Statements Supporting Continuation of Scholarships (June 19, 2008)
		Legal Document: Motion for Clarification / Stay of Appellate Ruling (June 19, 2008)
		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 13, 2007: Maricopa County Superior Court upheld programs
		May 15, 2008: Arizona Court of Appeals overturned ruling, striking down programs
Status:		Appealing to Arizona Supreme Court
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
Release: Arizona Parents Appeal Scholarship Case, Ask for Programs for Special Needs and Foster Children to Continue (June 19, 2008)		Download Report : Private Choice In Public Programs: How Private Institutions Secure Social Services for Arizonans
Release: Arizona Appeals Court Overturns Ruling for School Choice, Scholarships for Special Needs and Foster Children in Jeopardy (May 15, 2008)		Visit our comprehensive School Choice Media Kit
Latest Release: Arizona Appeals Court to Hear Challenge; To Scholarships for Special Needs and Foster Children (April 21, 2008)
Release: Another Victory for School Choice: Superior Court Judge Declares Scholarships For Disabled and Foster Children are Constitutional (June 13, 2007)		Op-eds, News Articles and Links
		none available
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)
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)