Topic
School Choice
84 published works
Religion Clause
Ohio’s School Choice Program Violates State Constitution
In Columbus City School District v. State of Ohio, (OH App., Oct. 15, 2026), an Ohio state appellate court held that Ohio's Education Choice Scholarship Program, which is available to…
Religion Clause
Parents Seek State Funds for Catholic School Attendance Without Requirement to First Attend Failing Public School
Suit was filed this week in a Georgia state trial court challenging on free exercise grounds the eligibility requirements for participating in the Georgia Promise Scholarship Program. Plaintiff families live…
Althouse
"In 2021, Columbia University law professor Philip Hamburger argued that the U.S. public school system violates the First Amendment."
By Ann Althouse
"'Education,' he wrote, 'consists mostly in speech, and parents have a right under the First Amendment to exercise authority over what their children hear.' Forcing families to accept government messaging…
Legal History Blog
Wiebolt on the Lawyer behind School Choice
By Dan Ernst
Dennis J. Wieboldt, III, soon to be a VAP at Notre Dame Law, has posted William Bentley Ball and the "Century of Struggle" for School Choice:The Supreme Court’s 1971 decision in…
DBL Law Blog
Will School Choice Come (Finally) to Kentucky?
By: Mark D. Guilfoyle and Andrew J. Vandiver Kentucky lawmakers have passed House Bill 1, filed by State Representative Kim Moser (R-Taylor Mill). The legislation would allow the Commonwealth to…
Religion Clause
Suit Alleges Unconstitutional Exclusion of Muslim Schools from Texas School Choice Program
A Muslim parent filed suit this week in a Texas federal district court challenging the state's exclusion of accredited Islamic private schools from participation in the Texas Education Freedom Accounts…
School Law
The One Big Beautiful Bill and School Choice
By Julie C. Fay, Deanna McWeeney
On July 4, 2025, the One Big Beautiful Bill (“OBBB”) was signed into law. One of the notable impacts of this sweeping legislation is the creation of a federal school…
Legal Theory Blog
Schwarzschild on Meyer, Pierce, and Educational Choice
Maimon Schwarzschild (University of San Diego School of Law) has posted Educational Choice: The Legacy of Meyer v. Nebraska and Pierce v. Society of Sisters (26 Journal of Contemporary Legal…
Religion Clause
Executive Order Encourages School Choice
Yesterday, President Trump issued an Executive Order (full text) titled Expanding Educational Freedom and Opportunity for Families. The Executive Order focuses on methods for expanding the availability of school choice. It…
Religion Clause
School Choice and Funding for Students at Non-Public Schools Lose In 3 States
School choice and state funding for students at non-public schools was unpopular among voters on Tuesday.Colorado voters defeated a proposed constitutional amendment that would have guaranteed every K-12 child the…