As another school year comes to an end in Puerto Rico, controversy over the island’s experimental voucher program is starting to heat up.

The Puerto Rican Teachers Association has filed a lawsuit charging the voucher program violates constitutional separation of church and state by funneling tax monies to religious schools. In March, a Superior Court judge heard arguments related to the suit, but no ruling was made by month’s end.

Meanwhile, the Department of Education was planning to expand the program for the 1994–95 school year. The Program for Special Scholarships and Free Choice of Schools—the official name of the voucher program—has drawn “very positive comments” in its first year, said its director, Damaris Sifuentes, in a telephone interview with CHRISTIANITY TODAY.

She saw little chance the lawsuit will stop the program and said it would expand to every school district in Puerto Rico in the coming year with a budget of $10 million.

Signed into law last September by Governor Pedro Rossello, the voucher program was designed to give students and families greater freedom in choice of schools.

Education Secretary José Arsenio Torres said the commonwealth has taken the innovative step because the school system is “sick,” education costs are escalating, and dropout rates have been accelerating.

Qualifying students wanting to transfer schools could apply for credits of up to $1,500 per year. Transfers could be made either from one public school to another, from a private school to a public school, or from a public school to a private school—which would include Christian and other religious schools.

During the first year, by far the most students (1,509) made transfers involving public schools, Sifuentes said. Only 323 got voucher credits for transferring to a private school—mainly because most private schools on the island began classes in August, and the measure didn’t become law until early September.

Nonetheless, some Christian schools have benefited. Felicita Rosario Evangelical School in Rio Piedras, for example, received seven new students this year through the voucher program.

“It’s a big help for the students, because without the vouchers, they wouldn’t be able to afford to study here,” said principal Maria Isabel Flores, noting the money can be used for tuition, books, uniforms, and even tutoring.

Suit draws supporters

The use of vouchers for private and religious schools has aroused the most criticism and provoked the Teachers Association lawsuit. Americans United for Separation of Church and State and the American Civil Liberties Union are supporting the suit.

“We think any form of tax aid to private religious instruction is unconstitutional,” said an Americans United spokesman.

Meanwhile, Sifuentes said, opponents charge “we are trying to privatize the schools, but that’s not true. We’re trying to improve the available educational options.” Sifuentes noted that to get voucher credits, a private school cannot discriminate on religious grounds or require a student to attend religious classes.

Credits for private schools are termed “special scholarships,” while funds for public schools are “educational vouchers,” Sifuentes said.

Only students from families with under $18,000 annual income may apply for private-school credits, while there are no financial restrictions for public-school vouchers, she said.

Students or families do not handle the money. Instead, in the case of public schools, the funds go directly to the school. Students with credits for private schools are granted up to $1,500 per year, and the school bills the government for expenses up to that amount. Anything above $1,500 is the responsibility of the student’s family.

Little impact yet

Because the voucher program is so new and so far unproven, many evangelicals on the island have adopted a wait-and-see attitude.

To participate, schools must fill out a short form, reporting on their license and accreditation. Also, participating schools must report on voucher students’ academic progress and conduct to the Department of Education—a type of control uncomfortable to some Christian schools.

Some evangelical leaders look skeptically on vouchers. “We have serious doubts about the voucher program’s effectiveness,” said Moises Rosa, executive secretary of the Evangelical Council of Puerto Rico, a grouping of historic evangelical denominations, including the Presbyterians, Methodists, and Disciples of Christ. That is partly because “the program only provides funds for one year.”

Principal Flores says “parents have been told there are no guarantees for next school year” and they will have to reapply again and see whether they again receive government credit.

By John Maust.

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