Another State, Another Voucher Challenge

On February 24, 2015, the North Carolina Supreme Court heard arguments in the lawsuit challenging the constitutionality of the NC Opportunity Scholarship Program.

“Parents know what’s best for their children and will seek an adequate, decent education for their children,” said Richard Komer, attorney for some of the family plaintiffs using the vouchers. “There is no assurance in the world that they will achieve that.”

In June 2002, the US Supreme Court in Zelman v. Simmons-Harris upheld the constitutionality of school vouchers, deciding that vouchers did not violate the Establishment Clause in the Constitution.

Four years earlier in Jackson v. Benson the Wisconsin Supreme Court arrived at a similar conclusion, upholding the Milwaukee Parental Choice Program.

The voucher program in North Carolina allows low-income parents to apply for scholarships worth up to $4,200 to help them access a better learning opportunity for their child. In its first year of implementation, over 5,500 qualified families applied for 2,400 available scholarships, signaling a clear demand for more education options.