Supreme Court Rules School Voucher Programs Must Include Religious Schools

On June 30, the Supreme Court issued a ruling in Espinoza v. Montana Department of Revenue. Montana’s tax credit scholarship program allows a dollar-for-dollar tax credit for donations to an organization that provides private school scholarships. The state’s supreme court invalidated the program because of a provision of the state constitution prohibiting the use of government funds for religious schools. The United States Supreme Court reserved that decision on the grounds that the state constitutional provision in question violated the First Amendment’s Free Exercise Clause. While the ruling does not require states to operate private school voucher programs, it does require that all states that do operate such programs make them available to religious as well as secular schools. The Arc is disappointed in this ruling because it is likely to lead to an increase in public funding for schools that are not subject to the Americans with Disabilities Act or the Individuals with Disabilities Education Act. See The Arc’s statement.

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