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Compelled Support Clause“[N]o man can of right be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent .…” PENNSYLVANIA CONST. Art. 1, § 3.

Blaine Amendment“No money raised for the support of the public schools of the Commonwealthshall be appropriated to or used for the support of any sectarian school.”PENNSYLVANIA CONST. Art. 3, § 15.

Other Relevant Provisions

“No appropriation shall be made for charitable, educational or benevolentpurposes to any person or community nor to any denominational and sectarianinstitution, corporation or association: Provided, That appropriations may

 be made for … loans for higher educational purposes to residents of theCommonwealth enrolled in institutions of higher learning except that noscholarship, grants or loans for higher educational purposes shall be given topersons enrolled in a theological seminary or school of theology.” PENNSYLVANIA CONST. Art. 3, § 29.

PENNSYLVANIA

RELEVANT CASE LAW

Christen G. v. Lower Merion School District , 919 F.Supp. 793 (E.D. Pa. 1996)

A federal district court held that in accordancewith the IDEA a state could reimburse parentsfor private school tuition without violatingeither the U.S. or Pennsylvania constitutions

 because the payments do not advance religion.

Haller v. Department of Revenue , 728 A.2d 351 (Pa.1999)

The Pennsylvania Supreme Court held that atax exemption for the sale and use of “religiouspublications” sold by “religious groups”

violates the First Amendment’s EstablishmentClause because it shows a preference forreligious communications without someoverarching secular purpose. The exemption’snarrow focus makes it unconstitutional.

Spring field School District v. Department of Education , 397 A.2d 1154 (Pa. 1979)

The Pennsylvania Supreme Court held that freeschool bus transportation provided to parochialschool children does not violate the federalor state constitutions because any benefit to areligious institution is indirect and incidental.

VOUCHERS TAX CREDITS

Private School Choice: Yes

Charter Schools: Yes

Public School Choice: Yes

EXISTING SCHOOL CHOICE PROGRA

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24 Pennsylvania Code Section 13-1316

24 Pennsylvania Code Sections 17-1701-A17-1751-A

Education Improvement Tax Credits24 Pennsylvania Code Sections 20-2001-20-2008-B

Pre-K Tax Credits24 Pennsylvania Code Section 24-2003-B

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Both tax credit and voucher programs are school choice options forPennsylvania. The Pennsylvania Constitution contains a CompelledSupport Clause and a Blaine Amendment. The latter restricts the useof funds “raised for the public schools” but can be avoided entirely by funding vouchers from other government revenue. State case lawdemonstrates a strong adherence to federal Establishment Clause

precedent and includes a distinction between “appropriations” and“payments for services rendered,” which should ensure voucherlegislation’s compliance with the Blaine Amendment.

 Model Legislation: Parental Choice Scholarship Program (UniversalEligibility), Parental Choice Scholarship Program (Means-Tested Eligibility),Special Needs Scholarship Program, Foster Child Scholarship Program,Autism Scholarship, Great Schools Tax Credit Program, Family EducationTax Credit Program

VOUCHERS TAX CREDITS

Wiest v. Mt. Lebanon School District , 320 A.2d 362,366-67 (Pa. 1974)

In holding that a religious invocation at thestart of a public school graduation ceremonydoes not violate the First Amendment, thePennsylvania Supreme Court also concludedthat such an invocation would not offendPennsylvania’s Compelled Support Clause

 because it is coextensive with the FirstAmendment.

Rhoades v. School District , 226 A.2d 53 (Pa. 1967)The Pennsylvania Supreme Court upheldthe constitutionality of a statute authorizingtransportation of private school students atpublic expense as a health and safety measure.

Schade v. Allegheny County Institution District ,126 A.2d 911 (Pa. 1956)

The Pennsylvania Supreme Court heldthat paying public funds to religiousorphanages did not violate Pennsylvania’sBlaine Amendment because they were not“appropriations,” but rather paymentsfor services rendered. Nothing in thePennsylvania Constitution prevents the statefrom contracting with religious institutionsand then paying its debts upon performance.

Collins v. Martin , 139 A. 122 (Pa. 1927)In striking down a welfare appropriation inwhich public money would flow to private orreligious hospitals, the Pennsylvania SupremeCourt held that the Pennsylvania Constitutionplainly stated that the people’s money shouldnot be given for charity, benevolence oreducation to persons or communities, or forany purpose to sectarian and denominationalinstitutions, corporations or associations.

Collins v. Kephart , 117 A. 440 (Pa. 1921)Under an earlier version of Pennsylvania’sBlaine Amendment, the PennsylvaniaSupreme Court held that religious hospitalswere barred from receiving state funds despitetheir status as “worthy charities.”

Giacomucci v. Southeast Delco School District , 742A.2d 1165 (Pa. Commw. Ct. 1999)

The Pennsylvania Commonwealth Court heldthat a local school board lacked the statutory

authority to institute a voucher program.

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PENNSYLVANIA