Nanny State: School Choice is Constitutional

28 April 2007

School Choice is Constitutional

New Report Finds School Choice is Constitutional in Nearly Every State
First-Ever Nationwide Survey Dispels Myths From School Choice Opponents

Arlington, Va.—Is school choice constitutional? For the first time ever, legislators and advocates have a single authoritative and comprehensive resource for answering that question in every state in the union. And that report finds that for nearly every state, the answer is yes, if the legislation is crafted properly.

“School Choice and State Constitutions: A Guide to Designing School Choice Programs,” published today by the Institute for Justice and the American Legislative Exchange Council, documents the relevant state constitutional provisions and case law in each state and makes specific recommendations for designing programs most likely to withstand legal challenges from school choice opponents.

“A well-designed school choice program should pass constitutional muster nearly everywhere,” said Clark Neily, an IJ senior attorney who co-authored the report with IJ Senior Litigation Attorney Richard D. Komer. “Opponents have become increasingly creative in their use of state constitutions to try to thwart equal educational opportunity, but this report debunks their bogus constitutional claims.”

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