Readers of this blog have noticed that many states spend far more time legislating about school Choice than about the public schools that enroll most students. Once charters and vouchers are introduced, public schools seem to become an afterthought, despite the fact that most students attend them.
Derek Black, a Professor of Law at the University of South Carolina, asks whether there are limits to the preference that states show to school choice programs over public schools.
Here is an abstract of his paper:
“Rapidly expanding charter and voucher programs are establishing a new education paradigm in which access to traditional public schools is no longer guaranteed. In some areas, charter and voucher programs are on a trajectory to phase out traditional public schools altogether. This Article argues that this trend and its effects violate the constitutional right to public education embedded in all fifty state constitutions.
“Importantly, this Article…
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