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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 .…” P
ENNSYLVANIA
 C
ONST
. 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.”P
ENNSYLVANIA
C
ONST
. 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.” P
ENNSYLVANIA
 C
ONST
. 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
 fi
eld 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 bene
fi
t to areligious institution is indirect and incidental.
VOUCHERSTAX CREDITS70
Private School Choice:
Yes
Charter Schools:
Yes
Public School Choice:
Yes
EXISTING SCHOOL CHOICE PROGRAMS
continued on next page
24 Pennsylvania Code Section 13-131624 Pennsylvania Code Sections 17-1701-A to17-1751-AEducation Improvement Tax Credits24 Pennsylvania Code Sections 20-2001-B to20-2008-BPre-K Tax Credits24 Pennsylvania Code Section 24-2003-B
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