Panel Discussion: The State of Play for Parental Choice

Transcript of panel The State of Play for Parental Choice, presented at 2013 CHEC Conference, Notre Dame, IN

Introduction to the Focus Section: 2013 Catholic Higher Education Collaborative (CHEC) Conference on Catholic School Financing

Introduction to the Focus Section

Handbook of Research on School Choice

Book Chapter Nicole Stelle Garnett, The Law of Parental Choice in Handbook of Research on School Choice 46 (Mark Berends, Ann Primus, & Matthew G. Springer, eds., 2020) Updated to reflect the latest developments and increasing scope of school-based options, the second edition of the Handbook of Research on School Choice makes readily available the most rigorous and policy-relevant research on K–12 school choice. This comprehensive research handbook begins with scholarly overviews that explore historical, political, economic, legal, methodological, and international perspectives on school choice. In the following sections, experts examine the research and current state of common forms of school choice: charter schools, school vouchers, and magnet schools. The concluding section brings together perspectives on other key topics such as accountability, tax credit scholarships, parent decision-making, and marginalized students. With empirical perspectives on all aspects of this evolving sphere of education, this is a critical resource for researchers, faculty, and students interested in education policy, the politics of education, and educational leadership.https://scholarship.law.nd.edu/law_books/1366/thumbnail.jp

The Law of Parental Choice

The chapter begins by asking whether, and to what extent, either federal or state constitutional law enshrines rights to education and/or parental choice, and, if so, under what circumstances. The chapter then turns to constitutional questions raised by public school choice programs, such as the vexing issue of whether public education authorities consider a student\u27s race in admissions decisions to integrate the schools participating in these programs. The chapter goes on to address three constitutional questions about charter schools: First, for purposes of both state and federal constitutional law, are charter schools legally public or private schools? Second, does the First Amendment prohibit religious charter schools, and if it does not, does it require states to permit them? And third, do racial disparities within the charter sector raise Equal Protection concerns? Finally, the chapter discusses four questions about private school choice programs: First, does the Establishment Clause prohibit faith-based schools from participating in private school choice programs? Second, what limitations does the federal constitution place on regulations governing private and faith-based schools\u27 participation in parental choice programs? Third, what additional limitations on private school choice are imposed by state constitutions? And fourth, can a state rely on its own constitution to exclude religious schools from participating in private school choice programs

Handbook of Research on School Choice

Book Chapter Nicole Stelle Garnett, The Law of Parental Choice in Handbook of Research on School Choice 46 (Mark Berends, Ann Primus, & Matthew G. Springer, eds., 2020) Updated to reflect the latest developments and increasing scope of school-based options, the second edition of the Handbook of Research on School Choice makes readily available the most rigorous and policy-relevant research on K–12 school choice. This comprehensive research handbook begins with scholarly overviews that explore historical, political, economic, legal, methodological, and international perspectives on school choice. In the following sections, experts examine the research and current state of common forms of school choice: charter schools, school vouchers, and magnet schools. The concluding section brings together perspectives on other key topics such as accountability, tax credit scholarships, parent decision-making, and marginalized students. With empirical perspectives on all aspects of this evolving sphere of education, this is a critical resource for researchers, faculty, and students interested in education policy, the politics of education, and educational leadership.https://scholarship.law.nd.edu/law_books/1366/thumbnail.jp