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EdChoice, 2024
Historically, private education has been an option mostly for families who could afford the cost or received financial help. Years of research have shown that many families would choose private schools and other educational resources for their children if they did not face insurmountable financial or geographical limitations. Private educational…
Descriptors: School Choice, Legal Problems, Constitutional Law, Court Litigation
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Dunn, Joshua – Education Next, 2021
The full reach of the U.S. Supreme court's 2020 ruling in "Espinoza v. Montana Department of Revenue" has yet to be seen, but it has the potential to reshape the school-choice landscape. The ruling, which prohibited Montana from excluding students at religious schools from a tax-credit scholarship program, will figure prominently in many…
Descriptors: Religious Schools, School Choice, Court Litigation, Tax Credits
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Superfine, Benjamin M. – Teachers College Record, 2022
Background: Over the past decade, courts increasingly have considered cases that involve clashes between public, secular private, and religious institutions in education. Such clashes appear to have intensified as recently as the 2019-2020 Supreme Court term, and the confirmation of Associate Justice Amy Coney Barrett to the Court in 2020 suggests…
Descriptors: Public Education, Private Education, Religious Education, Educational Policy
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Welner, Kevin G. – National Education Policy Center, 2022
This policy memo examines some fundamental shifts, along with their real-world implications, within the past 60 years of Supreme Court jurisprudence, up to and including the current "Carson v. Makin" case. The Supreme Court is just a few small steps away from transforming every charter school law in the U.S. into a private-school voucher…
Descriptors: Court Litigation, State Courts, Charter Schools, Federal Legislation
Parker, Emily – Education Commission of the States, 2016
Within the constitution of each of the 50 states, there is language that mandates the creation of a public education system. The authority for public education falls to states because of a 1973 Supreme Court case which determined that the federal government has no responsibility to provide systems of public education. These constitutional…
Descriptors: Public Education, Constitutional Law, State Government, Court Litigation