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ACLU on Education |
In 2011, the ACLU of Colorado, the National ACLU Program on Freedom of Religion and Belief, Americans United for the Separation of Church & State, and others filed suit in Colorado state court, claiming that the school choice option violated the statutory provisions of the CSP itself and seven provisions of the Colorado constitution, including, importantly, the establishment clause in the Colorado constitution. As an ACLU spokesperson said after winning an injunction to prevent the program from being implemented: "By paying for students to attend religious schools, the state was unconstitutionally promoting and subsidizing particular faiths."
Under the federal voucher pilot program, funds were provided to schools even though they infuse their curricular materials with specific religious content and even though they are not covered by many of the nation's civil rights statutes that would otherwise protect students against discrimination. Additionally, each of the congressionally-mandated studies to explore the pilot program concluded that the voucher program had no significant effect on the academic achievement of students who used vouchers, including targeted students from "schools in need of improvement."