When the government chooses to cooperate with private organizations to provide public services, the Supreme Court has made clear that the First Amendment prohibits religious discrimination. Three cases--"Trinity Lutheran Church of Columbia, Inc. v. Comer" (2017), "Espinoza v. Montana Department of Revenue" (2020), and…

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…

The U.S. Constitution is the most well-known governing document in the country--studied by students, endlessly interpreted and reinterpreted by judges and political pundits, and placed in the category of near-religious reverence by many Americans. In the last 50 years it has been amended exactly once, in a ratification process that took over 200…

The past few years have seen an increase in partisan political attempts to restrict the public education curriculum and to portray some forms of public education as a social harm. Two targets are particularly evident: teaching about the history, policies, and actions of the state of Israel and teaching about the history and perpetuation of racism…

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…

This study was an analysis of how Florida Public Schools have interpreted the First Amendment when creating policy to address teachers' and students' activity on social media outside of school hours. The researcher examined the district policies of Florida's school districts and compared those with state mandates. The study includes an overview of…

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…

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…

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…

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…

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…