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Full-Text Articles in Law

School Choice And States' Duty To Support Public Schools , Aaron J. Saiger Jan 2007

School Choice And States' Duty To Support Public Schools , Aaron J. Saiger

Faculty Scholarship

The education clauses of state constitutions require states to support schools that not only educate children adequately and equitably, but that are "public" or "common." This Article argues that state-supported school choice can be consistent with these latter requirements. Individual choices, about where to live and whether to educate children privately, have long shaped traditional "public" schooling arrangements. The more direct role choice plays in school voucher and charter programs is also consistent with the requirement that schools be "public." Such programs must ensure, however, that parents' choices among schools are "genuine and independent." This criterion, developed by the U.S. …


Do Charter Schools Threaten Public Education? Emerging Evidence From Fifteen Years Of A Quasi-Market For Schooling, James Forman Jr. Jan 2007

Do Charter Schools Threaten Public Education? Emerging Evidence From Fifteen Years Of A Quasi-Market For Schooling, James Forman Jr.

Georgetown Law Faculty Publications and Other Works

Supporters of public education have long feared that charter schools will threaten the public system, both by 1) creaming off the most advantaged students and 2) undermining political support for the public system. These fears have not been borne out. Blacks are disproportionately in charters, whites are disproportionately in traditional public schools, and Hispanics are fairly evenly distributed between the two. Looking at class measures, poor students are distributed fairly equally between the two types of schools. And turning to other measures of privilege, the evidence does not point strongly in either direction. My conclusions are not without qualification. The …