1. In Winn v. Arizona Christian School Tuition Organization, 9th Cir., (Oct. 20, 2009), the Ninth Circuit Court of Appeals refused to review a case challenging Arizona's program of tax credits to provide scholarship's, mostly for students in religious schools. In the denial of en banc review (full U.S. Ninth Circuit Court of Appeals) the court stated the case should go back to federal trial court to determine if certain scholarship organizations are limiting scholarship awards in an unconstitutional way.
There are approximately 55 school tuition organizations in Arizona and parents utilized $55 million in scholarships to 373 private schools in 2008. It was estimated that 85% of contributed funds were available only for scholarships to religious schools.
In the original case, decided April, 2009, a 3 judge panel ruled that, as applied, Arizona's tax credit of up to $500 to individuals who contributed funds to nonprofit "school tuition organizations" violates the Establishment Clause of the First Amendment.
The Ninth Circuit Court's decision could go back to the trial court for further proceedings or be appealed to the U.S. Supreme Court.
2. In Joshua A. v. Rocklin Unified School District, Case No: 08-15845 (03/19/09) the Ninth Circuit Court of Appeals, ordered the Rocklin Unified School District, in a motion under the Individuals with Disabilities Education Act (IDEA), to co-fund a disabled student's in-home intervention program. IDEA's "stay-put" provision applies to proceedings pending in the Court of Appeals.