Cain v. Horne

202 P.3d 1178 (2009)

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Cain v. Horne

Arizona Supreme Court
202 P.3d 1178 (2009)

DC

Facts

In 2006, the Arizona legislature enacted two programs (the voucher programs) to provide state aid for qualified students to attend private schools, including religious schools, of their choice. Under the Arizona Scholarships for Pupils with Disabilities Program, the state provided scholarship funds in an amount up to the basic student-aid allocation for disabled students to attend private school. Under the Arizona Displaced Pupils Choice Grant Program, the state paid the lesser amount of $5,000 or the cost of tuition and fees for children in foster care to attend private school. In both programs, the parents or guardians of qualified students were required to restrictively endorse checks they received directly from the state to the private schools they selected for the payment of tuition and fees. Cain (plaintiff) sued Horne (defendant), a state school official, alleging that the voucher programs violated the aid clause of the Arizona Constitution.

Rule of Law

Issue

Holding and Reasoning (Ryan, J.)

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