Non-Religion-Based State Constitutional Challenges to Educational Voucher and Tax Credit Programs

Abstract

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 second section looks at litigation examining whether educational voucher programs violate constitutional provisions requiring states to provide a uniform system of public schools. The third section summarizes case law in which plaintiffs have claimed that educational voucher programs violate constitutional requirements that state spending serve a public purpose. The fourth section discusses litigation in which courts have addressed whether educational voucher programs violate local control mandates. The fifth section evaluates challenges to education voucher and scholarship tax credits on the grounds that such policies contravene constitutional mandates that prohibit public spending to private schools. The final section identifies key themes that these non-religion-based state constitutional challenges raise for educational vouchers and tax credit programs as well as emerging issues of litigation.