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…

This report argues that the Michigan state constitution's "Blaine Amendment," a provision which prevents parents from drawing on state funding to go outside the public school system, is superseded by the United States Supreme Court's 2020 ruling in the case Espinoza v. Montana Department of Revenue. The report discusses a legislative…

The growth of state laws creating private school vouchers and charter schools has mounting and alarming ramifications for students' rights, and those ramifications are shaped by a complex and shifting set of legal rules. This article explains the interplay between the increase of these school-choice programs, the U.S. Supreme Court's recent…

In June 2022, the U.S. Supreme Court held in "Carson v. Makin" that Maine violated the Free Exercise Clause of the First Amendment by excluding religious schools from a private-school-choice program--colloquially known as "town tuitioning"--for students in school districts without public high schools. Writing for the majority,…

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…

Courts have been reluctant to fully embrace free exercise or equal protection claims of school choice advocates, but recent rulings may have permanently reversed that trend, potentially compelling governments to provide substantially more resources to parochial schools than ever before. The first section of this article summarizes the origin of…

On June 30, 2020, the U.S. Supreme Court held, in "Espinoza v. Montana," that the First Amendment's Free Exercise Clause precludes states from excluding religious schools from private school choice programs. Writing for the majority, Chief Justice John Roberts concluded: "A State need not subsidize private education. But once a…

Arguably the most strongly promoted approach by voucher advocates is a new form of government subsidy for private education, Education Savings Accounts (ESAs). Parents are provided a set sum which they can use for a variety of educational services including private school tuition and fees, online courses, extracurricular activities and private…

The definition of public education is changing rapidly and radically in our current political landscape. Nowhere is this more apparent than in the debate over publicly funded school voucher systems, which direct taxpayer funds to parents to offset the cost of tuition at the private schools of their choice. Tina Cheuk and Rand Quinn address how…

The federal government has been heavily involved in education since the mid-1960s, intervening in everything from early childhood education to graduate schooling. This paper lays out the principles that should govern federal involvement in seven specific areas and briefly examines the effects of Washington's policies. The areas are elementary and…

In this paper, I examine the use of litigation as a strategic tool of resistance for thwarting school desegregation. Utilizing "Cowan v. Bolivar County Board of Education" as a case study, I argue that, despite losing the constitutional right to racially segregate public schools according to an explicit white supremacist doctrine, whites…

In New York State, private and religious schools are required to offer a curriculum "substantially equivalent" to what is available in local public schools. Substantial equivalency--which has been law for nearly 130 years--allows parents to direct the education of their children by enrolling them in the school of their choice, while also…

Educational choice programs--defined broadly as programs that provide parents with financial aid to help their children opt out of the traditional public school system--are a hallmark of meaningful educational reform. Yet despite widespread news coverage of such programs, polls show most Americans are unfamiliar with how educational choice…

For more than a century, public education in the U.S. has been defined as schools that are funded, regulated, and exclusively delivered by government. The past 25 years have brought some diversified forms of delivery through charter schools and various private-school scholarship mechanisms. Nevertheless, most discussions and debates over school…

Every child deserves the chance at a great education and the American dream. Unfortunately, decades of student achievement data reveal that the increasingly costly U.S. district school system does not provide an excellent education for all students. State lawmakers around the country are now seeking ways to enhance the ability of families to…