In "Carson v. Makin," the U.S. Supreme Court ruled that, if a state offers tuition assistance for students to attend private schools, then requiring that those private schools be nonsectarian violates the Free Exercise Clause of the First Amendment. Robert Kim discusses how this case aligns with other decisions related to the free…

On June 30, 2020, the U.S. Supreme Court held, in "Espinoza v. Montana," that the First Amendment's Free Exercise Clause precludes states from excluding religious schools from private school choice programs. Writing for the majority, Chief Justice John Roberts concluded: "A State need not subsidize private education. But once a…

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…

On the morning of December 16, 1965, in Des Moines, Iowa, a 13-year-old junior high school student named Beth Tinker got dressed and went to school. She wore a black armband to protest the war in Vietnam. The school promptly suspended her for wearing a symbol of political dissent. So began one of the nation's most celebrated cases involving…

Public schools are full of incidents that fill newspapers, but when a private school is struck with instances of libel, child abuse, and violations of Title IX, the community is at a loss as to what to do.

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) U.S. Supreme Court Hears Religious School Case; (2) ESEA Bill Would Exclude Private Schools from BRS Program; (3) Duncan Dialogues with…

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) Supreme Court Issues 9-0 Ruling in Religious School Case; (2) White House Honors Champions of Change; and (3) CAPE Notes.

Richard Komer's paper helpfully and carefully shows that, after the Supreme Court's 2002 ruling in Zelman v. Simmons-Harris, a formidable obstacle to choice-based educational reform has been removed, and also that other, no-less-formidable obstacles remain, in the form of anti-aid provisions contained in various states' own constitutions. This…

Arizona's variation on government vouchers for religious schools and California's prohibition on the sale of violent video games to minors present the top two cases with implications for education in the U.S. Supreme Court term that formally begins Oct. 4. New Justice Elena Kagan brings to the court extensive education policy experience as a…

In deciding on the constitutionality of a variety of practices involving schools, courts have been increasingly called upon to balance the two First Amendment religious guarantees--that Congress shall not make any laws respecting the establishment nor prohibiting the free exercise of religion. This fifth chapter in a book on school law discusses…

Supreme Court decisions, New York State laws, and Fleischmann Commission findings all determine how New York may aid nonpublic schools. The Supreme Court has upheld a New Jersey law permitting reimbursement to parents for transportation of children attending sectarian schools. It also allowed a New York statute providing textbooks to both public…

In 2002 the U.S. Supreme Court approved educational vouchers, a method of public funding for education by providing parents with a certificate that can be used for paying tuition at a public or private school eligible to redeem vouchers. Interpretations of the decision were many and often caused confusion as proponents and opponents to vouchers…

Analyzes the private school choice debate through a review of the political and judicial history of efforts to provide private schools and their patrons with forms of public aid. It is predicted that a federal tax credit or tuition plan is not likely to succeed in Congress. (SLD)

This issue of the monthly newsletter for the Council for American Private Education (CAPE) includes the following articles: (1) U.S. Supreme Court to Hear School Choice Case December 2; (2) Senate Postpones D.C. Voucher Vote; (3) Princeton Scholar: Reform Research Undermines Reform; (4) Supplemental Services; and (5) CAPENotes.

Supporting federal financing of private schools, the author defines public schools as sectarian and believes that denying aid to private schools effectively denies freedom of choice. (MD)