Tag Archives: tax credit scholarship program

Considerations For Private Schools and Their Allies Amid Budget Cuts

This is our latest post in “The Looming Financial Crisis?” series. Read the rest here.

In August, I wrote for Education Next about how the pandemic was affecting private schools — especially those dedicated to serving high-need students — and the factors that can influence whether a school is able to pivot during uncertain and disruptive times. 

But as state budgets tighten, private schools that rely on vouchers or tax-credit scholarship programs to serve high-need students are not wholly in control of their own destiny. Rather, just as school responses have varied widely, policymaker responses will vary as well. 

After the 2008 recession, for instance, state school choice policies sometimes lost — and sometimes gained — significant funding. For example, funding for Pennsylvania’s Educational Improvement Tax Credit Program dropped 20% after 2008 before rebounding a couple of years later. Meanwhile, funding for Wisconsin’s Milwaukee Parental Choice Program increased by 12%, and policymakers in the Sunshine State increased the ceiling on the Florida Tax Credit Scholarship Program nearly 50%. 

There are limitations on what school choice proponents can predict in uncertain times. Here are three questions they should continue to revisit as the pandemic evolves this fall and new state legislatures prepare to convene in January:

What are the projections for your state’s economy?

The more constrained the resources, the harder it will be for policymakers to preserve and expand private school choice programs. First, it will be important to understand the state tax revenues that fund state voucher programs. State revenues often come from a combination of income and sales taxes, and, as Jennifer Schiess explained, these can be hard to predict. They could be less vulnerable to downturns, since the pandemic hit low-wage workers hardest and low-wage workers make up a smaller share of income tax revenue. Internet shopping could also offset declines in sales tax revenue from brick-and-mortar retail.  Continue reading

What are Blaine Amendments and Why Might SCOTUS End Them?

Today the Supreme Court of the United States (SCOTUS) will hear oral arguments in Espinoza v. Montana Dept. of Revenue, a case that could have massive consequences for hundreds of thousands of K-12 students across the country — and might even lead to changes in several state constitutions. 

United States Supreme Court Building by Joe Ravi, Wikimedia license CC-BY-SA 3.0

The case centers on three families participating in Montana’s tax credit scholarship program, a policy that gave tax credits to people who donated to scholarship organizations, organizations which could then help low-income students pay for private K-12 schools, including private religious schools. However, the Montana Department of Revenue issued a rule stating that scholarships could not be used at religious schools, and later the Montana Supreme Court ruled that any aid to religious schools violated part of their state’s constitution, specifically a provision against public funding for “sectarian schools,” commonly known as a “Blaine Amendment.” Eighteen other states already have similar tax credit scholarship programs and 37 states have some form of Blaine Amendment. 

The three families, in partnership with the Institute for Justice, now have the chance to make their case before SCOTUS. The parents are arguing that their right to free expression of religion was violated by the ruling in Montana. The other side argues that funding any private school — religious or not — was unconstitutional at the state level and that overturning the state’s tax credit scholarship program did not lead to any violation of free expression. (SCOTUS started to define how state governments might provide funding to religious schools under the Constitution beginning in the 1970’s with Lemon v. Kurtzman and has been refined through subsequent cases, like Zelman v. Simmons-Harris in 2002 and Trinity Lutheran v. Comer in 2017.) Continue reading