Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Entire DC Network
Preferencing Educational Choice: The Constitutional Limits, Derek Black
Preferencing Educational Choice: The Constitutional Limits, Derek Black
Faculty Publications
Rapidly expanding charter and voucher programs threaten a new education paradigm in which access to traditional public schools is no longer guaranteed in some communities. In some instances, choice programs are phasing out traditional public schools altogether. The most harmful effects of choice, however, occur at the local level, not the state level. Thus, this Article does not challenge the general constitutionality of choice programs. Instead, the Article identifies limitations that state constitutional rights to adequate and equal education place on choice policy.
First, states cannot preference private choice programs over public education. This conclusion flows from the fact that …