by (in alphabetical order) John Garrett Clawson, Cassie Davis, Reynaldo De La Garza, Katie Floyd , Sarah Pollock
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However, consumables (e.g., pens and paper), transportation, and technological equipment would NOT be eligible expenses under SB 1178.
Legal Issues
States that have passed legislation adopting ESAs include Arizona, Florida, Mississippi, Nevada and Tennessee (EdChoice, 2016). Legislation is typically challenged on a constitutional basis; 40 states have constitutional amendments or provisions that prohibit public funding of "religious worship, exercise or instruction" (DeForrest, 2003). Referred to collectively as "Blaine Amendments," in reference to the original failed amendment to the United States Constitution, these state laws are part of the legal landscape in all states that currently have ESAs, with the exception of Tennessee. Plaintiffs argue that because money diverted from public schools to fund ESAs can be spent on tuition at religious private schools, such laws are unconstitutional in states with a Blaine Amendment. Similar forms of school choice, such as vouchers, have also been challenged on this basis in a larger number of states (Burke & Butcher, 2016; Healy & Rich, 2015).
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Sandra Chereb. “Nevada Supreme Court Strikes Down School Choice Funding Method.” Las Vegas Review-Journal. September 29, 2016.
S.B. 1178, Texas 84th Cong. (2015).
S.B. 1363 Fiscal Note, Arizona 51st Cong. Schimpp, Steve. (2013).
S.B. 2695, Mississippi 114th Cong. (2015).
S.B. 302, Nevada 302nd Cong. (2015).
S.B. 431, Tennessee 431st Cong. (2015).
S.N. 850, Florida 116th Cong. (2014).
Villanueva, Chandra. "It's Time to Renovate our School Finance System." Center for Public Policy Priorities. 18 October 2016, University of Texas-Austin, TX.
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