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Kentucky Supreme Court Strikes Down School Choice Program

  • The Kentucky Supreme Court ruled Thursday that a school choice program that would have provided dollar-for-dollar tax credits to those donating money for nonpublic school tuition is unconstitutional.
  • The program, blocked by lower court proceedings for more than a year, could have cost the state up to $25 million in its first year of implementation. Both individuals and corporations would have been able to write off up to $1 million on their state income taxes.
  • The seven justices were unanimous, citing a section of the Kentucky Constitution that prohibits the state from raising funds for nonpublic schools.
  • “Simply put,” the justices wrote, the school choice program “puts the Commonwealth in the business of raising ‘sums … for education other than in common (public) schools.'”
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