Zelman v. Simmons-Harris, 536 U.S. 639, 36 (2002)

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674

ZELMAN v. SIMMONS-HARRIS

O'Connor, J., concurring

703, n. 10 (dissenting opinion). But that analysis unreasonably limits the choices available to Cleveland parents. It is undisputed that Cleveland's 24 magnet schools are reasonable alternatives to voucher schools. See post, at 701- 702, n. 9 (Souter, J., dissenting); http://www.cmsdnet.net/ administration/EducationalServices/magnet.htm (June 20, 2002). And of the four community schools Justice Souter claims are unavailable to voucher students, he is correct only about one (Life Skills Center of Cleveland). Affidavit of Steven M. Puckett ¶ 12, App. 162a. Justice Souter rejects the three other community schools (Horizon Science Academy, Cleveland Alternative Learning, and International Preparatory School) because they did not offer primary school classes, were targeted toward poor students or students with disciplinary or academic problems, or were not in operation for a year. See post, at 702-703, n. 10. But a community school need not offer primary school classes to be an alternative to religious middle schools, and catering to impoverished or otherwise challenged students may make a school more attractive to certain inner-city parents. Moreover, the one community school that was closed in 1999- 2000 was merely looking for a new location and was operational in other years. See Affidavit of Steven M. Puckett

¶ 12, App. 162a; Ohio Dept. of Ed., Office of School Options, Community Schools, Ohio's Community School Directory (June 22, 2002), http://www.ode.state.oh.us/community_ schools/community_school_directory/default.asp. Two more community schools were scheduled to open after the 1999- 2000 school year. See Affidavit of Steven M. Puckett ¶ 13, App. 163a.

Of the six community schools that Justice Souter admits as alternatives to the voucher program in 1999-2000, he notes that four (the Broadway, Cathedral, Chapelside, and Lincoln Park campuses of the Hope Academy) reported lower test scores than public schools during the school year after the District Court's grant of summary judgment to re-

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