In tax credit scholarship programs, the state provides tax credits to businesses and individuals who donate to scholarship-granting organizations. These organizations, which are usually nonprofits, then award scholarships to parents. In other words, by letting businesses and individuals reduce their annual tax liability through donations to a scholarship organization, the state encourages citizens to support educational choice.
- The Institute for Justice has intervened in nine lawsuits to protect tax-credit scholarships in court.
- On behalf of three Montana moms, IJ sued the state for adopting a rule that denied educational choice to the overwhelming majority of eligible families under Montana’s scholarship program. This led to a landmark win at the U.S. Supreme Court in 2020’s Espinoza v. Montana Department of Revenue, ensuring that educational choice programs cannot discriminate against parents who choose to send their children to religious schools.
- Each year, over 310,000 students in 22 states benefit from tax–credit scholarship programs.
The U.S. Supreme Court has limited opponents’ ability to challenge tax-credit scholarships as unconstitutional in federal courts. In Arizona Christian School Tuition Organization v. Winn, the Court ruled that the plaintiffs did not have standing and dismissed a lawsuit attacking Arizona’s successful and popular private school scholarship tax-credit program. That 2011 decision protects these programs from most federal court challenges.
IJ’s 2020 win in Espinoza further limited educational choice opponents’ legal arsenal against policies that encourage school choice, by declaring that programs allowing parents to direct funds to private schools cannot discriminate against parents who decide to send their children to religious schools. This win was reinforced by IJ’s 2022 victory in Carson v. Makin. In that case, the U.S. Supreme Court held that states may not prohibit families that participate in educational choice programs from selecting schools that provide religious instruction. Together, these rulings empower state policymakers to enact programs that give parents the power to direct their children’s education.
Despite these new opportunities, however, special interests opposed to educational choice will continue to try to take down both old and new programs in the courts. With our wide-ranging litigation and legislative consulting efforts, IJ is dedicated to upholding educational choice across the country.
Tax Credit-Funded Scholarships Cases
Nevada’s Legislature ignores the state’s Constitution to reduce support for educational choice
In 2019, lawmakers in Nevada passed a law that undermines the state’s successful school choice program by reducing the number of available tax credits. Nevada parents, a scholarship organization, and private donors teamed up with IJ to challenge the constitutionality of this reduction.
Tax Credit-Funded Scholarships Legislation
Educational Choice | Tax Credit Scholarships
Education Savings Account Act: Tax-Credit Funded
Our present system of delivering publicly funded education is in need of dramatic reform. Educational choice programs provide that reform as they shift the power from state boards of education and school districts to parents. …
Tax Credit-Funded Scholarships Research
Educational Choice | Tax Credit Scholarships
On Common Constitutional Ground
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…
Educational Choice | Tax Credit Scholarships
Arizona Individual and Corporate Tax Credits
Arizona’s tax code, like that of many state, national and international governments, includes a series of tax credits individuals and corporations may use to offset taxes owed. Arizona’s individual and corporate scholarship tax credit programs…