Beruflich Dokumente
Kultur Dokumente
VOUCHERS
TAX CREDITS
70
[N]o man can of right be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent . PENNSYLVANIA CONST. Art. 1, 3.
Yes
24 Pennsylvania Code Section 13-1316 Charter Schools: Yes 24 Pennsylvania Code Sections 17-1701-A to 17-1751-A Private School Choice: Yes Education Improvement Tax Credits 24 Pennsylvania Code Sections 20-2001-B to 20-2008-B Pre-K Tax Credits 24 Pennsylvania Code Section 24-2003-B
Blaine Amendment
No money raised for the support of the public schools of the Commonwealth shall be appropriated to or used for the support of any sectarian school. PENNSYLVANIA CONST. Art. 3, 15.
RELEVANT CASE LAW Christen G. v. Lower Merion School District, 919 F. Supp. 793 (E.D. Pa. 1996)
A federal district court held that in accordance with the IDEA a state could reimburse parents for private school tuition without violating either the U.S. or Pennsylvania constitutions because the payments do not advance religion.
Springeld School District v. Department of Education, 397 A.2d 1154 (Pa. 1979)
The Pennsylvania Supreme Court held that free school bus transportation provided to parochial school children does not violate the federal or state constitutions because any benet to a religious institution is indirect and incidental.
71
PENNSYLVANIA
VOUCHERS
TAX CREDITS
Wiest v. Mt. Lebanon School District, 320 A.2d 362, 366-67 (Pa. 1974)
In holding that a religious invocation at the start of a public school graduation ceremony does not violate the First Amendment, the Pennsylvania Supreme Court also concluded that such an invocation would not offend Pennsylvanias Compelled Support Clause because it is coextensive with the First Amendment.
Both tax credit and voucher programs are school choice options for Pennsylvania. The Pennsylvania Constitution contains a Compelled Support Clause and a Blaine Amendment. The latter restricts the use of funds raised for the public schools but can be avoided entirely by funding vouchers from other government revenue. State case law demonstrates a strong adherence to federal Establishment Clause precedent and includes a distinction between appropriations and payments for services rendered, which should ensure voucher legislations compliance with the Blaine Amendment. Model Legislation: 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
Schade v. Allegheny County Institution District, 126 A.2d 911 (Pa. 1956)
The Pennsylvania Supreme Court held that paying public funds to religious orphanages did not violate Pennsylvanias Blaine Amendment because they were not appropriations, but rather payments for services rendered. Nothing in the Pennsylvania Constitution prevents the state from contracting with religious institutions and then paying its debts upon performance.
Giacomucci v. Southeast Delco School District, 742 A.2d 1165 (Pa. Commw. Ct. 1999)
The Pennsylvania Commonwealth Court held that a local school board lacked the statutory authority to institute a voucher program.