Hart v. State of North Carolina

Litigation: Challenging the Opportunity Scholarship Program, the state’s voucher for children of low-income households. Opposed to educational choice program: American Civil Liberties Union; American Civil Liberties Union of North Carolina Legal Foundation; Americans United for Separation of Church and State; Anti-Defamation League; Baptist Joint Committee for Religious Liberty; Campaign for Educational Equity; Interfaith Alliance Foundation; National School Boards Association; North Carolina School Boards Association; Teachers College, Columbia University. In support: Advance Education, Inc.; Christian Legal Society; Institute for Justice; Legislative Officers Tim Moore and Phil Berger; Pacific Legal

Outcomes: On July 23, 2015, the North Carolina Supreme Court upheld all aspects of the state’s voucher for children of low-income households, the Opportunity Scholarship Program, as constitutional. The lower court decision in Hart v State, No. 13 CVS 16771 (August 28, 2014), was overturned.

Why it Matters: North Carolina educational choice advocates had tried for many years to provide options for students. Establishing the constitutionality of vouchers in North Carolina opens the door for that state to continue to expand educational choices for its students.

Effects: At the time of this ruling, North Carolina’s Opportunity Scholarship Program served 1,216 students and 224 schools participated in the program. Less than ten years later, the program serves 19,401 students with 498 participating schools. Seeing this success and demand for options, the state also enacted an education savings account program.