State Supreme Court Leaves Education Tax Credit Law Intact

New Hampshire’s Supreme Court has left intact a state law that creates a business education tax credit to fund scholarships to private schools.

In its unanimous ruling Thursday, the justices vacated a lower court ruling that deemed unconstitutional part of the law making religious school students eligible for scholarships.

The program was passed in 2012 by Republican lawmakers who overrode a veto by then-Gov. John Lynch, a Democrat.

Gov. Maggie Hassan, also a Democrat, made repeal of the law a priority, but Republicans blocked repeal efforts.

Program supporters said it promotes educational freedom and choice for low-income families. Opponents said taxpayer money shouldn’t go to private schools, and said it’s unconstitutional to divert public funds to religious schools.


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