In Agostini, the agency providing services to children enrolled in private schools was a public agency subject to a number of constraints that are not present under the Arizona Private School Tax Credit Statute. The funds, albeit not in a straightforward manner, flow to the private schools remaining solely under their control with no public accountability or supervision. The Arizona Private School Tax Credit Statute provides scholarships to pay tuition money to the private schools with no restriction on the use of the money. The money is given with no strings attached and no public agency retains control over the funds, employees or materials. Unlike the program approved in Agostini, the funds can be used for school-wide programs rather than for special services to certain eligible students.
Any materials purchased with the funds are property of the private school.
The funds can and will be used to pay the salaries of private school teachers. The content of the education provided is in no way monitored by any public agency. The program approved in Agostini placed public employees in private and religious schools and the Court noted that, as public employees under Title I, they were not providing religious education or indoctrination. In fact, these publicly employed teachers were provided training and support to assure that they would avoid engaging in such activities. In contrast, in Arizona, the teachers will be employees of the private schools.