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Mead, Julie F.; Lewis, Maria M. – American Educational Research Journal, 2016
This study explores four instances where parental choice has been employed as a legal "circuit breaker": (a) First Amendment Establishment Clause cases related to public funding, (b) Fourteenth Amendment Equal Protection cases regarding race-conscious student assignment, (c) Title IX regulations concerning single-sex education, and (d) a…
Descriptors: Parents, Legal Responsibility, Federal Legislation, Parent Rights
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Garnett, Richard W. – Journal of School Choice, 2010
Richard Komer's paper helpfully and carefully shows that, after the Supreme Court's 2002 ruling in Zelman v. Simmons-Harris, a formidable obstacle to choice-based educational reform has been removed, and also that other, no-less-formidable obstacles remain, in the form of anti-aid provisions contained in various states' own constitutions. This…
Descriptors: Parochial Schools, School Choice, Constitutional Law, Urban Areas
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Bolick, Clint – Education Next, 2008
In 1999 the Ohio Supreme Court found the Cleveland school voucher program to be constitutional, thereby allowing the three-year-old initiative to continue. However, the school voucher program was ended when Judge Solomon Oliver enjoined the program after the anti-voucher coalition filed suit asking for a preliminary injunction. The judge's…
Descriptors: Educational Vouchers, School Choice, Educational Legislation, Politics of Education
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Update on Law-Related Education, 1998
Asserts that the pressures on religious freedom are increasing especially in relation to the issue of religion in the public schools. Focuses on school prayer, the use of school facilities for religious activities, and the controversy surrounding school vouchers. Addresses when religious expression is permitted in public schools. (CMK)
Descriptors: Educational Facilities, Educational Vouchers, Government Role, Public Education
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Fusarelli, Lance D. – Education Next, 2004
In April 2003 the Colorado legislature created a school voucher program that has the potential to become one of the largest in the nation. Initially limiting the number of children eligible for vouchers to only 1% of the student population in each of the 11 low-performing school districts targeted by the legislation, or about 3,400 students…
Descriptors: Educational Finance, Courts, Constitutional Law, Taxes
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Wells, Amy Stuart; Biegel, Stuart – American Journal of Education, 1993
Analyzes the private school choice debate through a review of the political and judicial history of efforts to provide private schools and their patrons with forms of public aid. It is predicted that a federal tax credit or tuition plan is not likely to succeed in Congress. (SLD)
Descriptors: Court Litigation, Educational Finance, Educational History, Educational Vouchers
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Garnett, Richard W.; Pearsall, Christopher S. – Education and the Law, 2005
In "Zelman v. Simmons-Harris," the Supreme Court of the US made it clear that governments do not unconstitutionally "establish" religion merely by permitting eligible students to use publicly funded scholarships to attend qualifying religious schools, so long as the students' parents are able to make a "true private…
Descriptors: School Choice, Constitutional Law, Educational Vouchers, State Church Separation
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Viteritti, Joseph P. – Education Next, 2002
Describes the facts and legal basis of federal court decisions in "Zelman v. Simmons-Harris," a case before the U.S. Supreme Court to determine if Cleveland's school voucher program violates the Establish Clause. Discusses the possible educational, legal, and political consequences of the Court's decision. (On June 27, 2002, the Supreme…
Descriptors: Blacks, Civil Rights, Constitutional Law, Court Litigation