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Full-Text Articles in Law
Is It Unconstitutional To Prohibit Faith-Based Schools From Becoming Charter Schools?, Stephen D. Sugarman
Is It Unconstitutional To Prohibit Faith-Based Schools From Becoming Charter Schools?, Stephen D. Sugarman
Stephen D Sugarman
This article argues that it is unconstitutional for state charter school programs to preclude faith-based schools from obtaining charters. First, the “school choice” movement of the past 50 years is described, situating charter schools in that movement. The current state of play of school choice is documented and the roles of charter schools, private schools (primarily faith-based schools), and public school choice options are elaborated. In this setting I argue a) based on the current state of the law it would not be unconstitutional (under the First Amendment’s Establishment Clause) for states to elect to make faith-based schools eligible for …
Approving Charter Schools: The Gatekeeper Function, Stephen D. Sugarman
Approving Charter Schools: The Gatekeeper Function, Stephen D. Sugarman
Stephen D Sugarman
Charter schools hold great promise to reform and improve K-12 education. Charter school authorizors must tread a narrow line between giving the schools the necessary autonomy and assuring that several key public values are being upheld. This article examines the chartering process and makes a range of reform recommendations.