School choice a violation of Georgia Constitution?

The School Choice Bedate
The School Choice Debate

Does Georgia’s Scholarship Tax-Credit Program which provides “school choice” to more than 13,000 students violate a provision in Georgia’s Constitution? These issues will be determined in the state’s courts.

The initial lawsuit, which was filed in April by four Georgia residents backed by the Southern Education Foundation, argues that the scholarship program violates the state constitution’s ban on providing public support to religious institutions.

This week the Institute for Justice (IJ) filed a motion on behalf of four Georgia families to intervene in a lawsuit challenging the constitutionality of Georgia’s Scholarship Tax-Credit Program, which provides scholarships for children to attend private school for grades Pre-K to 12th grade. In intervening in the lawsuit, IJ’s motion ensures that the interests of the families who rely on the program are properly represented as the case proceeds. Included in today’s filings was also the Institute’s motion seeking to have the lawsuit dismissed.

“Georgia’s school choice program is one of the largest in the country for a reason: It gives thousands of Georgia parents an opportunity to find a school that best fits their kids’ needs without using a single cent of state funds,” said IJ Senior Attorney Tim Keller, who is the lead counsel in the case. “We’re confident that the case will be dismissed.”

“Each year, the scholarship program helps more than 13,000 Georgia students attend a school that best fits their needs,” said IJ Attorney Erica Smith. “Giving parents a choice in how to educate their children isn’t unconstitutional. Rather, giving opportunity and choice should be the goal of good government.”

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Libertarian Platform on Education: Education is best provided by the free market, achieving greater quality, accountability and efficiency with more diversity of choice. Recognizing that the education of children is a parental responsibility, we would restore authority to parents to determine the education of their children, without interference from government. Parents should have control of and responsibility for all funds expended for their children’s education.

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