In Zelman v. Simmons-Harris, 536 U.S. 639, 122 S. Ct. 2460, 153 L. Ed. 2d 604 (2002), Ohio enacted a school voucher program because Cleveland schools had failed to such an extent that a federal court order required that the state superintendent take over the district's management and operation. Zelman, 536 U.S. at 644-45. The government provided tuition vouchers directly to parents based on financial need, giving preference to families with incomes two hundred percent below the poverty line. Id. at 646. Those parents could use the vouchers for private schools in Cleveland or for public schools in adjacent districts. Id. at 645. If parents chose to keep their child in a Cleveland public school, they could use voucher money to hire a private tutor for their child. Id. at 646. The participating private schools were precluded from discriminating on the basis of religion. Id. The state superintendent determined the number of vouchers available on an annual basis. Id. at 646, n.2. In Zelman, the Court dispatched that issue in a single sentence noting there was "no dispute that the voucher program challenged in Zelman was enacted for the valid secular purpose of providing educational assistance to poor children in a demonstrably failing public school system." Id. at 649. In Zelman, the Court upheld the voucher program when it was used to allow parents to choose to send their children to private schools, to send their children to nonfailing public schools or to hire tutors for their children if they continued to attend Cleveland's failing public schools. Zelman, 536 U.S. at 644-46. In Zelman, true private choice is present when parents have almost total control over where to send their child to school among a broad range of options. 536 U.S. at 664. In that program, "where tuition aid is spent depends solely upon where parents who receive tuition aid choose to enroll their child." Id. at 646. Further, the Court describes a true private choice program as one "in which government aid reaches religious schools only as a result of the genuine and independent choices of private individuals." Id. at 649.