Both tax credits and vouchers are school choice options for North Carolina. The North Carolina Constitution does not have a Blaine Amendment or a Compelled Support Clause, and state cases look to federal Establishment Clause precedent. In Zelman, the U.S. Supreme Court upheld school choice programs under the federal Constitution. In 2014 in the Hart v. State and Richardson v. State cases, the North Carolina Supreme Court upheld the new Opportunity Scholarship program against a challenge under North Carolina’s education article and public purpose article.
To avoid any potential problems with Article IX, Sections 6 and 7 of the North Carolina Constitution, voucher program funding should explicitly come from sources other than the state’s public school fund.
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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