Historically, private education has been an option mostly for families who could afford the cost or received financial help. Years of research have shown that many families would choose private schools and other educational resources for their children if they did not face insurmountable financial or geographical limitations. Private educational…

This report argues that the Michigan state constitution's "Blaine Amendment," a provision which prevents parents from drawing on state funding to go outside the public school system, is superseded by the United States Supreme Court's 2020 ruling in the case Espinoza v. Montana Department of Revenue. The report discusses a legislative…

The full reach of the U.S. Supreme court's 2020 ruling in "Espinoza v. Montana Department of Revenue" has yet to be seen, but it has the potential to reshape the school-choice landscape. The ruling, which prohibited Montana from excluding students at religious schools from a tax-credit scholarship program, will figure prominently in many…

A key component of current school reform efforts focuses on increasing parental choice through voucher systems and programs that provide tax benefits for contributions to scholarship programs for private school tuition. Indeed, proposals to adopt such programs have been or currently are being considered in four-fifths of the states, and about half…

In 2008, Georgia launched a tax-credit scholarship program to expand educational opportunities for the state's pre-K through 12th-grade students by providing them scholarships to attend private schools. Georgia's scholarship tax credit program will help over 13,000 children get the best education for their needs at secular and religious private…

This article provides an overview of non-religion-based state constitutional challenges to educational voucher and tax credit/scholarship programs. The first section discusses litigation examining whether education voucher programs violate constitutional provisions requiring the legislature to provide an efficient system of public schools. The…

After "Zelman v. Simmons-Harris" (2002), civil conflict over use of vouchers and taxes to purchase private education, especially in religious schools, largely remained an issue for state courts' jurisprudence. However, in 2010, it returned to the U.S. Supreme Court when Arizona taxpayers challenged the constitutionality of the state's…

Council for American Private Education (CAPE) is a coalition of national associations serving private schools K-12. "Outlook" is published monthly by CAPE. This issue contains the following articles: (1) Repeal of Blaine Amendment on Florida Ballot in November; (2) Top Private Education Events of 2011; (3) New Guidance Issued on ESEA…

Arizona's variation on government vouchers for religious schools and California's prohibition on the sale of violent video games to minors present the top two cases with implications for education in the U.S. Supreme Court term that formally begins Oct. 4. New Justice Elena Kagan brings to the court extensive education policy experience as a…

This report, for the first time ever, provides a state-by-state breakdown of the key elements a policymaker needs in order to understand the legal environment for school choice in any given state--and to craft appropriate legislation to expand educational opportunity. This guide is intended to arm policymakers and advocates with the essential…

Argues that the effect of a proposed tuition tax credit is school segregation, creating serious constitutional objections under the due process clause. A voucher system would avoid these constitutional objections. Available from the Yale Law Journal, 401A Yale Station, New Haven, CT 06520. (Author/IRT)

Explores the legal implications of tax credits and educational vouchers for the constitutional issues of separation of church and state. Forecasts that the financing of elementary and secondary education by these proposed methods is constitutionally impermissible. (MLF)

Although providing tuition tax credits to parents of children in private schools could provide several social benefits, several difficulties stand in the way of adopting such a policy. The major difficulty is that tuition tax credits stand a good chance of being declared unconstitutional on First Amendment grounds. Tuition tax credit proposals…

Examines six state and federal legislative developments and related court cases that have shaped employment relations in public schools in the 1990s: state takeovers and reconstitutions, vouchers and tuition tax credits, charter schools, legislative efforts to restrict the scope of bargaining, elimination of tenure, and restrictions on the…