• "Opportunity for All?" How Tax Credit Scholarships Will Fare in New Jersey
  • October 22, 2013
  • Law Firm: Wisniewski Associates LLC - Sayreville Office
  • This Note reviews the overall historical and legal frameworks of school choice litigation to date and examine the constitutional and political viability of the New Jersey Opportunity Scholarship Act in the context of New Jersey education reform. Part I presents a brief overview of the larger school choice debate. Part II examines the two modern fiscal embodiments of school choice—school vouchers and tax credit scholarships—and highlights the distinctions between the two programs. Part III lays out the legal background of school choice litigation at both the federal and state levels. Part IV provides a background on New Jersey education and presents the major components of the New Jersey Opportunity Scholarship Act. Finally, Part V analyzes the potential legal challenges to the New Jersey bill, especially in light of the state judiciary’s prominent role in shaping New Jersey education, and briefly considers some of the policy concerns surrounding the bill.