In 2014, a lawsuit was filed against a popular tax credit scholarship program in Georgia. Despite the program already having been in effect for several years, the lawsuit made the claim that it violated the state constitution.
The program provides scholarships for children to attend private schools, funded by voluntary donations from individuals and corporations. In May of 2014, the Institute for Justice filed a motion to intervene in the lawsuit on behalf of four Georgia families who had used the program to send their children to the schools of their choice. Courts nationwide have upheld every tax credit scholarship program that has previously been challenged.
In February of 2016, a Fulton County Superior Court judge dismissed all constitutional aspects of the legal challenge.
The Plaintiffs appealed the ruling and the Institute for Justice defended the program in the Supreme Court of Georgia on January 23, 2017. We are now awaiting a ruling from the Georgia Supreme Court.
After reviewing each state’s constitutional provisions for passages most relevant to school choice legislation, as well as any case law or legal opinions involving those provisions, IJ found that in nearly every state in the union, a well-designed school choice program is viable.
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How Private Institutions Secure Social Services for Georgians
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