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ERIC Number: ED662297
Record Type: Non-Journal
Publication Date: 2024
Pages: 32
Abstractor: ERIC
ISBN: N/A
ISSN: N/A
EISSN: N/A
EdChoice Legal Basics: A Guide to Landmark Litigation and the Foundation for School Choice Constitutionality. 2024 Edition
EdChoice
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 choice programs come in various forms, such as refundable tax credits, education savings accounts (ESAs), school vouchers and tax-credit scholarships. For those who wonder if school choice is legal, this guidebook is where every reformer should start. School choice programs are legal when designed to respect both state and federal constitutions. Paying attention to legal details must be a priority. This short guide was put together for policymakers, parents, and partners, and explains why state appellate and supreme courts--and the U.S. Supreme Court--continue to rule that school choice is constitutional. In addition to federal cases, 2024's expanded edition includes a track record of litigation challenges against school choice across the country. Of the 33 states plus Washington, D.C. and Puerto Rico that have enacted 74 school choice programs, legal challenges in 22 states plus Puerto Rico failed to block school choice and succeeded in two states; cases are pending in four states. Opponents of school choice lost 37 cases and won four cases. In the four states where opponents were successful, only two of those states have no school choice today. The experts from EdChoice recommend that all educational choice advocates understand and follow the principles in these cases when considering school choice policies for their states.
EdChoice. 111 Monument Circle Suite 2650, Indianapolis, IN 46204. Tel: 317-681-0745; e-mail: info@edchoice.org; Web site: http://www.edchoice.org
Publication Type: Guides - General; Reports - Descriptive
Education Level: N/A
Audience: Policymakers; Parents; Practitioners
Language: English
Sponsor: N/A
Authoring Institution: EdChoice, Legal Policy & Education Center (LPEC)
Identifiers - Location: Nebraska; Texas (San Antonio); Minnesota; Ohio; Arizona; Indiana; Montana; Wisconsin; Alabama; Florida; Georgia; Illinois; Iowa; Maine; New Hampshire; North Carolina; Oklahoma; Puerto Rico; Tennessee; West Virginia; Louisiana; Nevada; Vermont; Arkansas; Maryland; Colorado; Kentucky
Identifiers - Laws, Policies, & Programs: Rodriguez v San Antonio Independent School District
Grant or Contract Numbers: N/A