In June 2017, the Georgia Supreme Court unanimously dismissed a lawsuit challenging Georgia’s popular tax credit scholarship program. The lawsuit, which was originally filed in 2014, made the claim that the program violated the state constitution.
The program provides scholarships for children to attend private schools, funded by voluntary donations from individuals and corporations. The Institute for Justice intervened in the lawsuit on behalf of four Georgia families who had used the program to send their children to the schools of their choice.
In February of 2016, a Fulton County Superior Court judge dismissed the legal challenge. The Plaintiffs appealed that ruling, but, with the Institute for Justice defending the program on appeal, the Supreme Court of Georgia affirmed the lower court’s dismissal on June 26, 2017.
To date, no court has ever struck down a tax credit scholarship program.
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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Launched in 2008, Georgia’s scholarship tax credit program will help over 13,000 children get the best education for their needs at secular and religious private schools this year. But in 2014 school choice opponents sued to end the program, calling it unconstitutional. This report finds, however, that the scholarship tax credit is just one of…
How Private Institutions Secure Social Services for Georgians
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