Both tax credit and voucher programs are school choice options for Kansas. The Kansas Constitution contains a Compelled Support Clause and a Blaine Amendment but neither has received much judicial attention. Relative to other states’ variations, the scope of the Kansas Blaine Amendment is very limited; it only prevents religious sects from controlling public educational funds. As vouchers can be funded from any number of revenue sources and neither vouchers nor tax benefit programs give public money directly to religious schools, there is no possibility for religious control of the public education fund as a result of school choice programs. Additionally, Kansas’ case law demonstrates a strong tendency for adhering to federal precedent on Establishment Clause issues. In Zelman, the U.S. Supreme Court upheld school choice programs under the federal Constitution.
Model Legislation: Education Savings Account, Parental Choice Scholarship Program (Universal Eligibility), Parental Choice Scholarship Program (Means-Tested Eligibility), Special Needs Scholarship Program, Foster Child Scholarship Program, Autism Scholarship, Great Schools Tax Credit Program, Family Education Tax Credit Program
Sign up to receive IJ's biweekly digital magazine, Liberty & Law, along with breaking updates about our fight to protect the rights of all Americans.