Issues and Advocacy

Parental Choice in Education

What is the Anti-Aid Provision?

The Anti-Aid Provision is a provision in the Massachusetts Constitution which forbids citizens from petitioning the legislature for private school funding. It dates back to the 1850s when anti-Catholic, anti-immigrant bias was prevalent in many states including Massachusetts. Over the years, many scholars and attorneys have come to see the provision as rooted in bias, not sound policy and law. However, making changes to the state's constitution are difficult, costly and take years to enact.

What have been the consequences of the Anti-Aid Provision?

As a result of the Massachusetts Supreme Court's interpretation of the Anti-Aid provision, many programs such as textbook and technology assistance provided to non-public school families in other states cannot be offered in our state. Also, the Massachusetts constitution is not in conformity with the federal constitution, which provides that non-public school students are able to participate in a variety of federally-funded education programs.

What is the present status of trying to repeal the Anti-Aid Provision?

Over the years, several attempts have been made to repeal the Anti-Aid Provision and each has been bitterly fought by education lobbyists. At present, a challenge to the Anti-Aid Provision for the state of Washington has risen to the United States Supreme Court and will be heard this term. PACE is monitoring this process closely to determine how the high court's decision will impact Massachusetts.

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