The program was allowed to continue while the case was pending before the Ohio Supreme Court. The Cleveland Scholarship and Tutoring Program was unconstitutional due to a procedural flaw in how the program was enacted. The Court states that the Program did NOT violate federal precedent regarding the separation of church and state. The Ohio General Assembly reenacted the Program with recommendations of the Attorney General to ensure it met all state constitutional requirements. The ACLU, PAW, and Teacher Unions file suit against The Cleveland Scholarship and Tutoring Program alleging that the Program violates the separation of church and state.
Defendants appeal decision.
This decision leaves 817 students who received their scholarship in March of 1999 for the first time shut out of the program. Defendants appeal decision in US Court of Appeals for the Sixth Circuit. With no response from the US Court of Appeals for the Sixth Circuit, Defendants appeal to the United States Supreme Court. The US Supreme Court overruled Judge Oliver's injunction and restores scholarship funding to 817 children.