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1.
Preston C. Green III 《Peabody Journal of Education》2016,91(4):490-502
This article provides an overview of non-religion-based state constitutional challenges to educational voucher and tax credit/scholarship programs. The first section discusses litigation examining whether education voucher programs violate constitutional provisions requiring the legislature to provide an efficient system of public schools. The second section looks at litigation examining whether educational voucher programs violate constitutional provisions requiring states to provide a uniform system of public schools. The third section summarizes case law in which plaintiffs have claimed that educational voucher programs violate constitutional requirements that state spending serve a public purpose. The fourth section discusses litigation in which courts have addressed whether educational voucher programs violate local control mandates. The fifth section evaluates challenges to education voucher and scholarship tax credits on the grounds that such policies contravene constitutional mandates that prohibit public spending to private schools. The final section identifies key themes that these non-religion-based state constitutional challenges raise for educational vouchers and tax credit programs as well as emerging issues of litigation. 相似文献
2.
Some private, religious schools that accept vouchers have been accused of discriminating against certain populations of students through their admissions processes. Discriminating against disfavored groups (e.g., racial minorities, LGBT students, students with disabilities, religious minorities) in voucher programs raises both legal and policy concerns that have not been extensively examined in recent research. Employing legal research methods, this article examines state voucher statutes and discusses the potential for voucher programs to discriminate against marginalized groups. We argue that each state has an obligation to ensure that any benefit it creates must be available to all students on a nondiscriminatory basis—including the benefit of a publicly funded voucher for attendance at a private school. As this review of existing voucher statutes will demonstrate, legislators appear to have neglected to construct policies that safeguard student access and ensure that public funds do not support discriminatory practices. Without additional safeguards, states risk providing public money that can be used to promote discriminatory policies and practices. 相似文献
3.
Since school voucher funds are public, policymakers fiercely debate how those funds should be spent. A goal of many decision-makers is to ensure that every private school option is “high-quality” through program accountability regulations. Private schools, however, decide whether to participate in a private school choice program and likely factor the amount of state regulations into that decision. This paper estimates the program participation decisions of the private schools in D.C., Indiana, and Louisiana. We specifically examine the impacts of voucher regulations on the supply-side of voucher programs. We employ a linear probability model to examine how school quality, as measured by revenue, tuition, enrollment, and Great School Review scores, is associated with program participation for schools. Results indicate that higher tuition-levels and larger cohort enrollments, conditions normally associated with high quality schools, identify schools that are less likely to participate in voucher programs. We also find a consistent negative relationship between Great Schools Review score and the school participation decision in all three locations; however, these coefficients are not statistically significant. State fixed effects reveal that private schools in D.C. and Louisiana, the two states that have higher regulatory burdens, are less likely to participate in voucher programs. 相似文献
4.
在美国教育现代化的进程中,联邦宪法立教条款在政府与私立学校之间所设置的严格壁垒开始瓦解.自20世纪初,在一系列联邦最高法院判例法的主张之下,美国政府对私立学校逐步形成了资助与管理并行的责任与立场.美国政府对私立学校的资助是在公、私学校对等的原则框架内展开,以学生资助为其基本的形式;政府对私立学校拥有管理权,但管理有合理的限度.联邦政府是私立学校的主要资助者,州政府的资助相对有限,但州政府是私立学校外部管理的主体.进入21世纪,越来越多的州通过教育券和教育费用税赋宽减等政策逐步加大对私立学校的公共资助,随之而来私立学校的政府规制将会增加 相似文献
5.
营利性民办学校税收优惠待遇的廓清不仅关乎差异化财税扶持政策的落实,还攸关民办学校分类管理的实效。然而,充满歧义的民办教育立法、杂乱无章的税法以及它们在分类优惠上的理念分歧使得营利性民办学校的税收优惠待遇处于悬而未决的状态。衡诸受教育权保障关联性、税种属性以及教育公共服务供需状况等因素对营利性民办学校享受税收优惠待遇的影响,营利性民办学校税收优惠待遇的边界有望廓清。为此,须秉持法际整合的立场,在综合权衡教育公益性与资本逐利性的关系以及融贯税法与教育法的价值理念的基础上,从增强民办教育立法税收优惠条款的指向性、完善税法中涉及学校的优惠条款表达以及部门联合出台营利性民办学校专项税收优惠政策等不同层面破解营利性民办学校税收优惠待遇难题。 相似文献
6.
Parents in the United States have had the legal right to choose the school their child attends for a long time. Traditionally, parental school choice took the form of families moving to a neighborhood with good public schools or self-financing private schooling. Contemporary education policies allow parents in many areas to choose from among public schools in neighboring districts, public magnet schools, public charter schools, private schools through the use of a voucher or tax-credit scholarship, virtual schools, or even homeschooling. The newest form of school choice is education savings accounts (ESAs), which make a portion of the funds that a state spends on children in public schools available to their parents in spending accounts that they can use to customize their children's education. Opponents claim that expanding private school choice yields no additional benefits to participants and generates significant harms to the students “left behind” in traditional public schools. A review of the empirical research on private school choice finds evidence that private school choice delivers some benefits to participating students—particularly in the area of educational attainment—and tends to help, albeit to a limited degree, the achievement of students who remain in public schools. 相似文献
7.
《Journal of School Choice》2013,7(3):17-28
ABSTRACT In 2002 the U.S. Supreme Court ruled that state-supported vouchers, which parents can redeem in private schools, do not offend the Establishment Clause of the First Amendment. Thus, the legality of government vouchers to fund education will be determined primarily on the basis of state law. Specifically, programs are being challenged under state constitutional provisions calling for the legislature to provide for a uniform system of education or provisions prohibiting the use of public funds in sectarian institutions. This article explores legal developments in this regard, with particular emphasis on implications of the recent state supreme court decisions striking down challenged voucher programs. Also addressed is current legislative activity, which will likely generate additional litigation pertaining to school vouchers. doi:10.1300/ J467v01n03_05 相似文献
8.
This paper provides detailed evidence regarding the nature of selection into a school voucher system. We use micro-data on scholarship applications matched with state student-level records on test scores, schools attended, and demographic background characteristics to describe the attributes of students who choose to participate in Florida's Corporate Tax Credit Scholarship Program, a means-tested scholarship program that is the largest of its type in the United States. We find evidence that those who choose to participate in the program tend to be lower-performing students from poorly performing schools, and that students of different backgrounds tend to choose different types of private schools. Students participating in the program tend to select schools that have more white students and fewer minority students, regardless of student race. 相似文献
9.
Advocates argue that vouchers can make improved educational opportunity available to disadvantaged students. Critics contend that vouchers increase the risk of stratification. Researchers have found that Chile's voucher program has lead to increased socioeconomic school segregation. What has been overlooked, however, is segregation between schools within a sector and variation within private for-profit and non-profit school sectors. I find that public schools are more likely to serve disadvantaged students than private voucher schools. I also find that disadvantaged students are more segregated among private voucher schools than among public schools. While between and within sector segregation levels vary across private voucher school types, the differences are not always consistent with theory. The data also suggest that policies can either mitigate or exacerbate the stratifying effects of educational vouchers. 相似文献
10.
《Journal of research on educational effectiveness》2013,6(4):384-400
Abstract In this article I review the use of randomized field trials to evaluate school voucher interventions. I argue that although estimates of the effect of the voucher offer on achievement are unbiased in these trials, more specific interpretations such as the effect of attending private school may be difficult to obtain. I discuss several evaluation parameters in the context of voucher experiments, with particular attention to the theoretical assumptions needed to identify private school impacts. I argue that if there are direct effects of the voucher offer on student achievement, and compliance with voucher assignment is imperfect, instrumental variable estimates are likely to overstate the extent to which achievement gains may be attributable to private schooling. 相似文献
11.
Sonja Nonte 《International Review of Education/Internationale Zeitschrift für Erziehungswissenschaft/Revue internationale l'éducation》2013,59(2):243-262
Developments and consequences of school profiling in general-education schools in selected European countries and perspectives for implementation in Germany – The development of a school programme, e.g. by way of forming a profile in the field of music or sports, is part of everyday school life in many European state and private schools today and even statutory in some countries and states. This paper focuses on the background and the significance of this development in school politics but also on the potential and the challenges which come with the profile formation of schools on an individual as well as systemic basis. Furthermore, the author introduces and discusses examples for the profile formation of schools and classes by looking at concrete projects. After that, recommendations are given for school programme work in individual schools. The focus is especially on German-speaking countries such as Germany, Austria and Switzerland. 相似文献
12.
《Journal of School Choice》2013,7(3):123-144
ABSTRACT Federal constitutional law currently permits choice programs that include religious schools only if they provide parents with “genuine and independent choice”; as the leading federal case demonstrates, whether this test is satisfied is an interesting and difficult empirical question. State doctrine regarding establishment of religion can be similarly empirically informed. School choice programs must also be consistent with the education clauses of state constitutions, which require state education systems to be “public” and to meet quality baselines. Determining whether these requirements are met also raises many questions that empirical school choice research can address. doi:10.1300/J467v01n03_12 相似文献
13.
Aaron Soviv 《Journal of Jewish Education》2013,79(1):22-31
This article focuses on one aspect of a case study of three congregations (Jewish, Catholic, and Protestant): the structure of the religious education programs. The three institutions were structured in much the same way, and the way they were structured looked like public school. If we have more in common with our neighborhood churches and public schools than we may have thought, the implication for scholarship and policy work in Jewish education is that we would benefit from more comparative work as we seek to produce more comprehensive scholarship, better informed policies, and more satisfying experiences in synagogue-based education. 相似文献
14.
从20世纪80年代以来,美国大学生资助政策发生了变化,州政府资助的主要方式从基于需要的助学金转移到基于优秀的奖学金,州奖学金项目获得极大关注。据此,美国很多州设立了本州的奖学金项目,这给学生的高等教育入学机会造成了极大的消极影响。同时,也给我国提供了一些借鉴和启示。 相似文献
15.
美国克利夫兰市教育券诉讼案的审理和裁决过程十分复杂,历经法院的层层审理,最终由美国联邦最高法院做出判决,判决认为该教育券计划没有违背美国宪法第一修正案政教分离条款。该诉讼案由此也成为美国教育券实施过程中的一个里程碑,为之后教育券的实施奠定了法律基础。 相似文献
16.
This article investigates legal and political issues as they relate to school vouchers serving students of color. Specifically, we draw on the empirical, historical, and legal research to examine whether school vouchers will create a more equitable system of education for poor students of color. First, we present a history of vouchers, including how they were used to support segregation. We then discuss how vouchers as a broad opportunity for educational equity for poor children (of color) might present particular challenges in light of, first, the race-neutral approach in contemporary case law and state statutes and, second, the relatively small percentage of U.S. children taking advantage of such programs. Finally, we present empirical results regarding African American families’ support and use of vouchers and a discussion of the racial politics of school vouchers. We argue that unless voucher programs and proponents address race directly, operate on a larger scale, and attend to the broader social justice issues facing urban communities, it will be difficult for such policies to support the greater good for African American children or society as a whole. 相似文献
17.
美国科罗拉多州在2005～2006学年正式实施高等教育券计划,政府对高等学校不再直接拨款,进入公立大学的学生可以获得每年2 400美元面值的教育券;申请进入政府指定的3所私立大学的学生,可以得到每年1 200美元面值的教育券。在美国,这是除退伍军人教育券外,第一个针对普通大学生的教育券计划。该计划颠覆了政府对大学的传统的直接拨款模式,一方面促进了公立大学的竞争,充分利用了现有的高等教育资源和经费;另一方面也加大了对私立大学的支持力度。 相似文献
18.
美国自1989年威斯康星州通过了全美第一个真正意义上的教育凭证计划以来,逐步形成了"一州两市"为主导的公立教育券格局。2004年,联邦教育券计划获得通过,这是美国教育券史上的一个飞跃。但是,美国公立教育券的推行依旧困难重重。教育券能否改善学业成绩、教育券的"公助私学"以及教育公平等问题仍是争论的焦点和进一步推行的阻力所在。 相似文献
19.
While the current debate about the effects of vouchers focuses on the effects of private schools on achievement, it is also important to examine how the introduction of need-based scholarships influences change in school systems. This study uses a qualitative method to examine the influence of a privately funded scholarship program on strategic adaptations within urban public and private schools in a major metropolitan area. The study revealed that senior administrators in public and private schools rapidly adapted their strategies to contend with the new program: suburban public schools prevented scholarship students from enrolling; urban public schools increased choices for public school students; and private schools actively recruited students. However, the scholarships had little influence on the ways these administrators viewed school choice. 相似文献
20.
We examine whether voucher programme regulation reduces private school specialisation in the US. We employ school-and-year fixed-effects regression and examine individual private schools in Washington, DC, Indiana, and Louisiana as they transition into voucher programme environments. We leverage the Private School Universe Survey to observe how schools self-identify before and after switching into voucher environments. We find that upon switching into school voucher environments, private schools in all 3 locations are more likely to identify as less specialised than they were prior to entering the programmes. We find suggestive evidence that the homogenising effects may be stronger in more heavily regulated voucher programme environments, and that those schools in more lightly regulated environments are more likely to continue highlighting their specialised approach to education. These findings are examined within an institutional theory framework to understand the potential homogenising effect of regulations on the diversity of the private school market. 相似文献