Between 2017 and 2022, the U.S. Supreme Court examined three cases that involved states that tried to limit the use of public money to support religious-affiliated schools. The Supreme Court found a violation of the Free Exercise Clause in all three cases. Although not the focus of the Court's opinions, these cases may have created avenues for…

The growth of state laws creating private school vouchers and charter schools has mounting and alarming ramifications for students' rights, and those ramifications are shaped by a complex and shifting set of legal rules. This article explains the interplay between the increase of these school-choice programs, the U.S. Supreme Court's recent…

This paper examines how stances and understandings pertaining to whether home education is civically legitimate within liberal democratic contexts can depend on how one conceives normative roles of the secular state and the religious neutrality that is commonly associated with it. For the purposes of this paper, home education is understood as a…

In order to access and take advantage of the educational opportunity promised by the "Brown" decision, student mobility is an operative consideration. In this study, I examine the relationship between student mobility, neighborhoods, and segregation. First, I draw upon empirical evidence from the extant literature to provide a conceptual…

This inquiry focuses on the experiences of black women in U.S. higher education in the less studied realm of gendered and racialized disfunction compared with K-12 education in which violence and surveillance all too often mirror the criminal legal system. The author explores the traumatic impact of carceral logics--surveillance, control, and…

Since the Supreme Court's 2007 "Parents Involved" decision, school districts have been pursuing integration in more legally and politically charged environments. The retreat of the federal government in the racial integration of schools is well documented, but less understood is what local school districts are doing to fill that void.…

Sixty-five years after the "Brown v. Board" decision, American schools are re-segregated and re-segregating. The mechanisms of this re-segregation are legal action, voluntary moves towards unitary status, unintended consequences of integration-oriented strategies, and an increasing trend towards the fracturing, or splintering of school…

There is not much debate regarding the "Brown" decision and the significance of the foundation it provided for access to equal educational opportunity and the school funding litigation movement; however, it is important to recognize that the inception of "Brown" can be traced back to a small rural town in South Carolina. Three…

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…

In this paper, I examine the use of litigation as a strategic tool of resistance for thwarting school desegregation. Utilizing "Cowan v. Bolivar County Board of Education" as a case study, I argue that, despite losing the constitutional right to racially segregate public schools according to an explicit white supremacist doctrine, whites…

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…

As of 2015, 17 special education voucher programs (SVPs) existed in 13 states and proposals continue to emerge. Eligible parents utilize these vouchers to enroll their children in private schools and thereby relinquish special education services and protections provided under the Individuals with Disabilities Education Act (IDEA). Using a…

This article investigates legal and political issues as they relate to school vouchers serving students of color. Specifically, we draw on the empirical, historical, and legal research to examine whether school vouchers will create a more equitable system of education for poor students of color. First, we present a history of vouchers, including…

The controversial glory of the "Brown" decisions and the retraction of court-ordered reforms represent the limited gains of racial justice in education and the protection of white privilege through law and policy. The return to segregation, as propagated through the rise of racially and economically segregated charter schools, exhibits…

Despite the achievement of key civil rights milestones, as well as growing public awareness and concern, educational inequities for students of color and other historically marginalized students continue to persist throughout the U.S. educational system (Aud, Fox, & KewalRamani, 2010). The pursuit of educational equity has often been achieved…