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Segregating Schools: The Foreseeable Consequences of Tuition Tax Credits, 89 Yale Law Journal 168 (1979)


Declining private school enrollments and the perceived failure of
public schools to educate children effectively have spurred interest in
restructuring American education to permit greater freedom of choice.
The Ninety-fifth Congress extensively debated one proposal generated
by this expanding discourse on educational alternatives: federal income
tax credits for tuition payments to nonpublic elementary and secondary
schools. Congressional debate focused on the constitutionality of the
tuition tax credit under the establishment clause of the First Amendment.
The legislation's effect on the racial composition of the nation's
public school systems was considered only as a secondary policy argument
with which to challenge the bill. This Note argues, however, that the segregative effect of the proposed tuition tax credit creates serious constitutional objections under the due process clause of the Fifth Amendment.

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