The recent U.S. Supreme Court decisions "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College" (2023) and "Students for Fair Admissions, Inc. v. University of North Carolina et al." (2023), hereafter collectively referred to as "SFFA v. Harvard," have garnered attention, especially among…

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…

A classroom examination of the featured historical article announcing North Carolina's ratification of the Constitution can springboard into a lesson on federalism, the Bill of Rights, and the ratification process.

Presently, charter schools exist in 43 states. The Minnesota Legislature first created charter schools in the United States in 1991. As of 2018, there were nearly 7,000 charter schools in 43 states serving over approximately 3 million students. The creation, control, and mission of these schools varies from state to state. This analysis examines…

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…

A key component of current school reform efforts focuses on increasing parental choice through voucher systems and programs that provide tax benefits for contributions to scholarship programs for private school tuition. Indeed, proposals to adopt such programs have been or currently are being considered in four-fifths of the states, and about half…

Freedom of expression is imperiled on today's college campuses. Citizens and educators alike are concerned about the number of shout-downs and disinvitations and their silencing effect on intellectual diversity. The use of speech codes, "safe spaces," new rules demanding "trigger warnings," and condemning…

This article provides an overview of non-religion-based state constitutional challenges to educational voucher and tax credit/scholarship programs. The first section discusses litigation examining whether education voucher programs violate constitutional provisions requiring the legislature to provide an efficient system of public schools. The…

A decade of research on school discipline has made society keenly aware of the "elephant in the room." Overwhelmingly, Black students are "wounded" permanently when they are suspended over and over for offenses that are overlooked when their white counterparts commit the same infraction. Since Black students are suspended…

Some private, religious schools that accept vouchers have been accused of discriminating against certain populations of students through their admissions processes. Discriminating against disfavored groups (e.g., racial minorities, LGBT students, students with disabilities, religious minorities) in voucher programs raises both legal and policy…

Council for American Private Education (CAPE) is a coalition of national associations serving private schools K-12. "Outlook" is published monthly by CAPE. This issue contains the following articles: (1) Repeal of Blaine Amendment on Florida Ballot in November; (2) Top Private Education Events of 2011; (3) New Guidance Issued on ESEA…

America's colleges and universities are supposed to be strongholds of classically liberal ideals, including the protection of individual rights and openness to debate and inquiry. Too often, this is not the case. Across the country, universities deny students and faculty their fundamental rights to freedom of speech and expression. The report…

Raising academic standards and eliminating achievement gaps between advantaged and disadvantaged students are America's prime national educational goals. Current federal and state policies, however, largely ignore the fact that the childhood poverty rate in the United States is 21%, the highest in the industrialized world, and that poverty…

There continues to be a significant debate as to the most effective means of providing North Carolina's children with the best possible education. The one point upon which a great majority agree is that, despite substantial increases in funding, public education is not meeting the needs of a large proportion of the state's students. This paper…

A semester course at the law school of the University of North Carolina offers a unique experiment in controlled clinical legal education. It combines a thorough survey and analysis of major legal and constitutional issues in criminal sentencing with a broad exposure to courts and correction agencies and opportunities for students to take part in…