A tax credit program is Delaware’s best option for school choice. The Delaware Constitution contains both a Compelled Support Clause and a Blaine
Amendment. The restrictive interpretation of the latter by Delaware state courts makes a general voucher program problematic.
In 1934, a Delaware Superior Court ruled in Traub v. Brown that transporting private school students at public expense violated the state’s Blaine Amendment. In a 1966 advisory opinion in response to a legislative busing proposal, the Delaware Supreme Court opined that the Traub decision was correct. Voters passed a constitutional amendment to overcome this restrictive interpretation of the state’s Blaine Amendment, but it is likely that vouchers would require a similar amendment.
Model Legislation: Education Savings Account, Great Schools Tax Credit Program, Family Education Tax Credit Program
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