Absent constitutional amendment, Massachusetts lacks any good school choice option. The Massachusetts Constitution contains an extremely restrictive Blaine Amendment, which cannot be altered via referendum. The Massachusetts Supreme Court has interpreted that Blaine Amendment broadly and allowed public funds to flow to private school students only under the federal Individuals with Disabilities Education Act and for transportation. In striking down a textbook loan program, the Court refused to distinguish between aiding students and aiding the schools they attend. In addition, the Massachusetts high court has opined that education tax credits would also violate the state’s Blaine Amendment, although its opinion is not considered binding precedent.
