Kentucky Supreme Court strikes down school choice law

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School choice advocates suffered a bitter defeat Thursday, when Kentucky’s Supreme Court struck down a state law that allowed donors to receive tax credits for supporting private school tuition.

In its unanimous decision, the high court said the 2021 measure violated the state’s constitution as the justices upheld a lower court ruling issued more than a year ago.

The law’s opponents objected to using the state tax code to aid private education. The measure’s supporters said tax credits didn’t amount to government spending, even if they decrease revenues.

The measure was narrowly passed by the Republican-dominated legislature over Democratic Gov. Andy Beshear’s veto. It created a form of scholarship tax credits — referred to by supporters as “education opportunity accounts.” Under the measure, private donors backing the accounts would be eligible for tax credits.

The Supreme Court ultimately found that the formula violated the constitution.

“We are compelled to agree that the EOA Act violates the plain language of Section 184” of the state constitution, Deputy Chief Justice Lisabeth T. Hughes said in writing for the court. “Simply stated, it puts the Commonwealth in the business of raising “sum(s) . . . for education other than in common schools.”

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.