In early 2020, the U.S. Supreme Court will hear one of the most important education reform cases in the past half century. The case, Espinoza v. Montana Department of Revenue, will decide if states may discriminate against religious options in generally available scholarship programs. The U.S. Supreme Court already ruled in 2002 that allowing such options is permissible under the federal Constitution.
The question now is whether the state can exclude such options. The case was accepted by the High Court after the Montana Supreme Court struck down that state’s new scholarship tax-credit program in 2018 under its state constitution solely because some of the children receiving scholarships attend religious schools.
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