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…

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…

Voucher proponents have increasingly pursued empirical evidence on the effectiveness of vouchers as a form of education improvement, in addition to advocating for vouchers on moral or ethical grounds. Voucher proponents contend that randomized assignment studies of students in voucher programs have consistently confirmed the effectiveness of…

School choice programs such as vouchers and charter schools expand lower cost schooling options for families. We examine how these expansions affect the prevalence of homeschooling. School choice programs may reduce homeschooling if parents that otherwise would have homeschooled their children instead use a school choice program. Homeschooling may…

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…

School choice policies and the movement to privatize education have become the currently preferred school reform methods on both the state and federal levels under the guise they will provide equal educational opportunities and access for all students. The 1954 school desegregation decision in "Brown v. Board of Education" arguably paved…

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…

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…

As more state legislatures join the debate on school-choice and parent-trigger legislation, their discussions draw attention to an evolving landscape outside school walls where parental action shapes educational opportunity. Parents wield their political, social, economic, and cultural capital to secure the best educational outcomes for their…

The deregulation movement has impacted the social, political, and economic landscape in the United States and continues to do so. In this article, we briefly summarize the general history of deregulation in this country and the meaning of deregulation within the specific context of education policy and reform. We focus on deregulation efforts…

The achievement gap in many developing countries is defined in terms of rich/poor and public/private. The prevailing explanation for the "developing" achievement gap is an underfunded, inefficient, and/or inadequately supplied public school sector. Via an analysis of a Colombian voucher experiment, this article examines the extent to…

The separation between Church and State, private and public education, is blurring, and coming together, as the government gives families vouchers to attend private and religious schools. Religious groups are starting and supporting their own charter schools, and local jurisdictions (cities and counties) are providing free transportation and food…

This article proposes that states create low-income targeted voucher programs for 3- and/or 4-year-olds. The basis for this proposal is considerable research demonstrating long-term effects for a number of random assignment and quasi-experimental preschool programs. Benefit-costs rates of return for these programs are between $2 and $16 for every…