Southeast Delco, Pennsylvania

Giacommuci v. Southeast Delco School District
Institute for Justice Defended Southeast Delaware County (Pennsylvania) School Choice Program from Teachers’ Union

In an effort to avoid expenditures related to a growing public school population and to provide parental choice, the Southeast Delaware County School District in Pennsylvania approved a program of tax benefits for families who relieve the district of public school expenses by sending their children to private schools or public schools in other districts. The program was challenged by a teachers’ union and others, alleging violations of the state constitution and statutes (but not raising federal constitutional issues).  IJ represented the school district.

The state trial court ruled against the school district, holding that the program exceeded the district’s statutory powers. In December 1999, the state court of appeals upheld the trial court’s decision. The school district decided not to appeal this decision to the Pennsylvania Supreme Court.

Essential Background


Backgrounder: none available

Client Photo - none available

Latest Release: Institute for Justice Will Defend Southeast Delco School Choice Program (April 16, 1998)

Client Video - none available

Legal Briefs and Decisions

none available

Case Timeline

Lawsuit Filed:


April 16, 1998

IJ Intervention Filed:

August 2, 1995   

Court Filed:


Delaware County Court of Common Pleas



October 14, 1998:  Delaware County Court ruled against the school district


December 23, 1999: Commonwealth Court of Appeals upheld the trial court’s decision



Case Completed

Additional Releases

Maps, Charts and Facts

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