Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Law

Sector Agnosticism And The Coming Transformation Of Education Law, Nicole Stelle Garnett Mar 2017

Sector Agnosticism And The Coming Transformation Of Education Law, Nicole Stelle Garnett

Nicole Stelle Garnett

Over the past two decades, the landscape of elementary and secondary education in the United States has shifted dramatically, due to the emergence and expansion of privately provided, but publicly funded, schooling options (including both charter schools and private-school choice devices like vouchers, tax credits and educational savings accounts). This transformation in the delivery of K12 education is the result of a confluence of factors—discussed in detail below—that increasingly lead education reformers to support efforts to increase the number of high quality schools serving disadvantaged students across all three educational sectors, instead of focusing exclusively on reforming urban public schools. …


The Legal Landscape Of Parental-Choice Policy, Nicole Stelle Garnett Jun 2016

The Legal Landscape Of Parental-Choice Policy, Nicole Stelle Garnett

Nicole Stelle Garnett

Private school choice programs raise important legal questions regarding students’ rights to an education, parents’ rights to choose their children’s schools, state constitutions, race and disability, and religious liberty.


Disparate Impact, School Closures, And Parental Choice, Nicole Stelle Garnett Mar 2015

Disparate Impact, School Closures, And Parental Choice, Nicole Stelle Garnett

Nicole Stelle Garnett

We live in an era of parental choice. Today, forty-two states and the District of Columbia authorize charter schools, and twenty states and the District of Columbia permit students to use public funds to attend a private school. During the 2012-2013 school year, nearly 2 million children attended charter schools, and nearly 250,000 children received publicly funded scholarship to attend a private school. The expanding menu of publicly funded educational options is one (but by no means the only) factor contributing to the current, intensely controversial, waves of urban public school closures. In school-closure debates, proponents of traditional public schools …


Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett Nov 2013

Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett

Nicole Stelle Garnett

This paper addresses implications for urban neighborhoods of two dramatic shifts in the American educational landscape: (1) the rapid disappearance of Catholic schools from urban neighborhoods, and (2) the rise of charter schools. In previous studies, we linked Catholic school closures to increased disorder and crime, and decreased social cohesion, in Chicago neighborhoods. This paper turns to two questions unanswered in our previous investigations. First, because we focused exclusively on school closures in our previous studies, we were uncertain whether our results reflected the work that open Catholic schools do as neighborhood institutions or whether we were finding a “loss …


Are Charters Enough Choice? School Choice And The Future Of Catholic Schools, Nicole Stelle Garnett Nov 2013

Are Charters Enough Choice? School Choice And The Future Of Catholic Schools, Nicole Stelle Garnett

Nicole Stelle Garnett

No abstract provided.


Affordable Private Education And The Middle Class City, Nicole Stelle Garnett Nov 2013

Affordable Private Education And The Middle Class City, Nicole Stelle Garnett

Nicole Stelle Garnett

This Essay, which was prepared for a University of Chicago Law School’s symposium on “Rethinking the Local Government Toolkit,” argues that affordable private schools serve an important urban-development function: They partially unbundle the residential and educational decisions of families with children. Thus, state and local officials hoping to make our make central city neighborhoods attractive places to raise children should consider employing a familiar urban development tool - tax incentives - to make quality private schools more financially accessible to middle-income families. The Essay proceeds in three parts. Part I builds the case for a middle class city. Part II …