Georgia School Choice

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.

Georgia School Choice

Date Filed

May 8, 2014

Original Court

Fulton County Superior Court

Current Court

Georgia Supreme Court

Case Status



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