- In 2002, the U.S. Supreme Court upheld the constitutionality of the Cleveland Scholarship Program, making it clear that school choice programs are "neutral in respect to religion (because they) provide assistance to a broad class of citizens, who, in turn, direct government aid to religious schools wholly as a result of their own genuine and independent private choice."
- An analysis by the Institute of Justice, a national non-profit law firm, finds that unlike some other states, North Carolina's constitution poses no barrier to a well crafted school choice program.
- The constitutionality of parental school choice largely depends on how well the legislation is designed. A well designed program should: allow parents to direct the funds to the school of their choice; not provide a financial incentive to choose a religious school over a non-religious school or a public school; and should avoid excessive government entanglement with religious schools by not imposing unnecessary regulations on school practices.
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