Both tax credit and voucher programs are school choice options for Maryland. The Maryland Constitution does not contain a Blaine Amendment and Maryland courts have a long tradition of reading its Compelled Support Clause narrowly. The Maryland Court of Appeals has upheld the constitutionality of transporting private school students at public expense and of contracting with religious institutions for the education of state wards. In more recent decisions, the court has noted that even direct grants to private educational institutions are acceptable when the state has not attempted to provide universal education at that level. Vouchers, which provide money directly to students and parents and only incidentally benefit the schools they choose to attend, are therefore likely to survive constitutional scrutiny.
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
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