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…

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…

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…

Though school choice has proven to be popular, barriers remain in some states as a result of so-called Blaine Amendments and similar policies to prevent education funding from following students to religious schools as a part of school choice options. If left to stand, these ignoble 19th century amendments will remain major impediments to the…

The First Amendment to the Constitution is a cornerstone of American democracy and students, like all members of the nation, are entitled to its protections. This study investigates the level of knowledge of students' First Amendment rights among secondary preservice teachers in various disciplines and their confidence in dealing with First…

Allowing public funds to be used for tuition and other expenses in private schools through a voucher system has been the source of debate in legislative and educational forums for almost half a century, but only recently have school vouchers become a serious school reform strategy. This article provides a brief overview of the voucher plans…

In the twenty-first century, differences in the treatment of trade in alcoholic beverages in comparison to other commercial goods seem at odds with the federal regulation of interstate trade under the Commerce Clause of the United States Constitution, which prohibits "differential treatment of in-state and out-of-state economic interests that…

River Run High School, located in rural west central Florida, was the site for a case study of student conflict precipitated by the wearing and display of Confederate flags on campus. Following a series of tense student encounters over Confederate and other racist symbols, a conflict resolution team was invited to intervene. Team members created a…

This article reports on two Mideast-themed schools which have attracted fierce controversy amplified in the news media and the blogosphere. A new public school with a focus on Arabic language and culture is set to open in New York City this week, after being assailed for months by opponents who claim it will be a taxpayer-funded Islamic school…

Florida's voucher program for students in the lowest-rated public schools is unconstitutional, the state supreme court ruled early January 2006 in a 5-2 decision that friends and foes of private school choice are scrutinizing for its potential impact on voucher debates nationwide. Chief Justice Barbara J. Pariente of the Florida Supreme Court…

A recent Florida court decision provides an example of a textbook case of an unconstitutionl student search. The key distinction from the "New Jersey vs. TLO" case (a student search found to be constitutional) is that the teacher who searched the students had no reasonable cause. (MD)

From northern California to southern Florida, there are just too many superintendents who are reluctant to touch religion with the proverbial 10-foot pole. Following the let-sleeping-dogs-lie approach to administration, they start to think about First Amendment solutions only after a fight breaks out. By then it is often too late to avert a bitter…

Florida's Opportunity Scholarships faced their most crucial test in June 2005, as the state supreme court heard arguments in a case about the constitutionality of the voucher program. In more than an hour of oral arguments in "Bush v. Holmes," held June 7, in Tallahassee and shown live on the Internet, lawyers sparred over the…

State higher education-related referenda and 1986 voter response are listed concerning compensation of state employees, facility improvement, bond issues, English as the official state language, taxes and tax policy, lotteries for financing education, state trust funds for education funding, and governing boards. (MSE)

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…