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Education Law

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Fordham Law School

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2012

School choice; charter schools; First Amendment; religion; religious schools

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Religious Consumers And Institutional Challenges To American Public Schools, Aaron J. Saiger Jan 2012

Religious Consumers And Institutional Challenges To American Public Schools, Aaron J. Saiger

Faculty Scholarship

The paradigm of American K–12 education is shifting as the institution of local educational polities, each responsible for own its 'common schools,' faces competition from programs of school choice. Although charter schools and related reforms are generally studied in terms of quality and equity, the rise of consumer sovereignty as an alternative to political sovereignty as an organizing principle for educational governance has much wider ramifications. Paradigms of choice have already begun dramatically to alter religious education and its relationship to public schooling. Moreover, because these paradigms rely upon consumer preferences and the aggregation of those preferences by markets, the …