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School Choice

84 published works

  1. Religion Clause

    Ohio’s School Choice Program Violates State Constitution

    By Howard Friedman

    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…

  2. Religion Clause

    Parents Seek State Funds for Catholic School Attendance Without Requirement to First Attend Failing Public School

    By Howard Friedman

    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…

  3. 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…

  4. 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…

  5. DBL Law Blog

    Will School Choice Come (Finally) to Kentucky?

    By Mark Guilfoyle

    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…

  6. Religion Clause

    Suit Alleges Unconstitutional Exclusion of Muslim Schools from Texas School Choice Program

    By Howard Friedman

    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…

  7. 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…

  8. Legal Theory Blog

    Schwarzschild on Meyer, Pierce, and Educational Choice

    By Lawrence B. Solum

    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…

  9. Religion Clause

    Executive Order Encourages School Choice

    By Howard Friedman

    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…

  10. Religion Clause

    School Choice and Funding for Students at Non-Public Schools Lose In 3 States

    By Howard Friedman

    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…