共查询到20条相似文献，搜索用时 138 毫秒
1.
Martha McCarthy 《Peabody Journal of Education》2016,91(4):473-489
A key component of current school reform efforts focuses on increasing parental choice through voucher systems and programs that provide tax benefits for contributions to scholarship programs for private school tuition. Indeed, proposals to adopt such programs have been or currently are being considered in four-fifths of the states, and about half of the states have already adopted some type of voucher and/or tax benefit program to assist parents in selecting private education for their children. This article provides an overview of the challenges to school voucher and tax benefit programs under the Establishment Clause of the First Amendment of the U.S. Constitution and/or the religion clauses of state constitutions. Specific sections address pertinent Supreme Court decisions, state constitutional religion clauses, state court cases rejecting religious challenges to voucher and tax benefit/scholarship programs, and cases in which such initiatives have been invalidated under the religion clauses of state constitutions. The concluding section focuses on the viability of future religion clause challenges to such programs and implications of legal developments pertaining to the privatization of schooling in our nation. 相似文献
2.
Clint Bolick 《Peabody Journal of Education》2013,88(2):285-296
Although school choice proponents have generally been on the offensive in legislative arenas over the past 2 decades, they have played almost constant defense in the judiciary, seeking to prevent courts from undoing school choice programs. Opponents typically wield state constitutional provisions against school choice programs. Properly construed, such provisions often are intended not to thwart but to secure educational opportunities. School choice supporters should consider taking the offensive, applying such provisions toward their intended ends by challenging defective schools and seeking meaningful remedies for children trapped in them. Choice remedy litigation can provide an effective complement to legislative efforts in the larger campaign to secure for disadvantaged children the precious educational opportunities that are their constitutional right. 相似文献
3.
《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
4.
《Peabody Journal of Education》2013,88(4):44-65
Politicians promoting educational accountability are, in principle, bound by state and federal constitutions under which they serve, facing judicial scrutiny if they fail to meet the constitutional standards set for them. In the case of education, each of the 50 states has its own constitutional guidelines for the provision of education, and citizens in nearly every state over the past 30 years have challenged in court whether their elected officials have appropriately allocated resources to all children to ensure the educational provision their constitutions guarantee. Court cases have not, however, proved to be impartial assessments of legislative enactments in light of constitutional provisions. Four case studies provide a sampling of the politics of court and state contexts involved in holding legislatures accountable to their constitutional mandates. 相似文献
5.
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
6.
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
7.
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
8.
近二十年来,择校在美国规模不断扩大,形式日趋多样。除学券计划外,各种税收抵免和教育储蓄账户应运而生,一部分公立学校也打开校门,实施"开放入学"政策。每种择校形式内,又有不同的变式。不过,由于家长和学生的择校标准不同于决策者的假设,各校也想办法选择成绩较优或家庭背景较好的学生,所以择校在某种程度上没有实现预期的效果。它很少服务于最贫困、最需要帮助的学生,在推动公立学校改革方面作用有限。 相似文献
9.
This research study explores the policy expansion of school choice within the methodological approach of event history analysis. The first section provides a comparative overview of state adoption of public school choice laws. After creating a statistical portrait of the contemporary landscape for school choice, the authors introduce event history analysis as a methodological solution to the problem of measuring policy expansion. Building on previous studies in the social science literature, we proceed to discuss political, economic, and social factors related to the passage of charter school laws. A multivariate analysis finds state adoption is significantly related to partisan gubernatorial control, classroom spending, private schools, education finance litigation, and minority representation. The final section discusses the empirical results in the modern policy environment and proposes future directions for comparative state research. 相似文献
10.
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
11.
Philip Jaffe 《Journal of Jewish Education》2013,79(3):25-65
The focus of my remarks will be narrow: Title V of S.1141, the “AMERICA 2000 Excellence in Education Act.” This section of the bill, entitled “Parental Choice of Schools,” authorizes the appropriation of federal grants for local educational agencies that implement educational choice programs; assures that Chapter I remedial educational services will be available for children participating in educational choice programs; and provides special grants for educational choice programs of national significance. A key aspect of these provisions—and one of its most controversial — is the requirement that an “educational choice program” must include both public and nonpublic educational options. Thus, for example, section 523(b) defines “educational choice program” as: a program adopted by a State or by a local educational agency under which (1) parents select the school, including private schools, in which their children will be enrolled; and (2) sufficient financial support is provided to enable a significant number or percentage of parents to enroll their children in a variety of schools and educational programs, including private schools. 相似文献
12.
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
13.
Naveed A. Shaikh 《Peabody Journal of Education》2013,88(1):74-76
Since the separate-but-equal era, students attending schools with high concentrations of Black students have attempted to improve the quality of their educations through school finance litigation. Because of the negative effects of racial isolation, Black students might consider mounting school finance litigation to force states to explicitly address the problems experienced by school districts with high concentrations of Black students (Green, Baker, &; Oluwole, 2008). This article assesses the role of the courts in remedying the disparities experienced by high-concentration Black school districts through school finance litigation. The first section provides a brief overview of prior attempts to challenge racial funding disparities in the federal courts. The second section discusses the importance of considering race in future school finance litigation. The third section assesses whether plaintiffs from high-concentration Black school districts can obtain equal educational opportunity through state courts. 相似文献
14.
Phyllis A. Gertge 《Community College Journal of Research & Practice》2013,37(8):549-558
The purpose of this study was to analyze the available data on dual credit programs at 29 high schools served through five college centers of one community college over a time span of nine years. This is the first study completed in Colorado examining the PSEO (Post Secondary Enrollment Options) Act that allows dual credit programs funded by the state. It investigates the variables associated with student access and selection. The results of the study suggest that the purpose of the legislation is being met. Nearly all of the selected high schools provide some dual credit courses to eligible high school students. The data also indicated that there is a strong relationship between distance education among schools linked by networks and the rate of participation. 相似文献
15.
《Journal of School Choice》2013,7(3):29-53
ABSTRACT The study of school choice for special education students brings together several important pieces of legislation which are separately the focus of high interest. This paper reviews the features of the three major special education bills (the Individuals with Disabilities Education Act, section 504 of the Rehabilitation Acts, the Americans with Disabilities Act) in the context of the Establishment and Free Exercise Clauses of the U.S. Constitution and so-called Blaine Amendments in various state constitutions. The principles of special education are discussed, and current voucher programs are examined to determine their compatibility with special education. The litigation that has resulted from this growing voucher movement is discussed and current and future trends are presented from a special education perspective. doi:10.1300/ J467v01n03_06 相似文献
16.
Byrnes LJ Sigafoos J Rickards FW Brown PM 《Journal of deaf studies and deaf education》2002,7(3):244-257
The inclusion of students who are deaf or hard of hearing in Department of Education and Training (government) schools in the state of New South Wales, Australia, is supported through a policy known as the Special Education Policy (NSW Department of School Education, 1993). The policy is operational for all students with disabilities, learning difficulties, or behavior disorders, regardless of their educational provision. This article focuses on how the policy and continuum of services have developed and the attitudes of stakeholders toward both policy and practice. The article begins by framing the policy in terms of legal mandates and then gives an overview of current educational provisions, followed by a discussion of attitudes toward inclusion as held by stakeholders in New South Wales government schools. The article concludes by attempting to assess the potential effects of both policy and practice on students who are deaf or hard of hearing. 相似文献
17.
Many nations' governments are requiring schools to bring about significant, systematic, and sustained change to improve student outcomes in all settings, and have imposed mandates to ensure that schools are providing quality education and running efficiently and effectively. Consequently, national and state testing programs, standards-based agendas, and reporting methodologies have been imposed on schools with significant demands and, in many cases, demoralizing outcomes (Hargreaves 2003). As a result of these processes, test questions have become the curriculum; teacher judgment has become undervalued; and evidence that is ill-informed, outdated, and incorrect has been used to drive school change. 相似文献
18.
《Early education and development》2013,24(2):165-172
This article discusses the results of a statewide study of elementary school principals' perceptions of barriers to the establishment of preschool programs in the public school setting. The study was conducted in response to current federal an: state mandates requiring school districts to provide comprehensive services for developmentally delayed and at-risk preschoolers, as well as other preschool populations. A representative sample of principals responded to a comprehensive questionnaire that included principals' knowledge of child development and their attitudes about establishing programs for preschool children in the public school sector. Results indicate that, across the board, elementary principals foresee major barriers to the effective implementation of such federal mandates as Public Law 99–457. Specific barriers are identified and discussed. Implications for practice and policy are presented. 相似文献
19.
Karen S. Gallagher Dolores A. Stegelin R. J. Pat Gallagher 《Early education and development》1992,3(2):165-172
This article discusses the results of a statewide study of elementary school principals' perceptions of barriers to the establishment of preschool programs in the public school setting. The study was conducted in response to current federal an: state mandates requiring school districts to provide comprehensive services for developmentally delayed and at-risk preschoolers, as well as other preschool populations. A representative sample of principals responded to a comprehensive questionnaire that included principals' knowledge of child development and their attitudes about establishing programs for preschool children in the public school sector. Results indicate that, across the board, elementary principals foresee major barriers to the effective implementation of such federal mandates as Public Law 99-457. Specific barriers are identified and discussed. Implications for practice and policy are presented. 相似文献
20.
Alberto Arenas 《International Review of Education/Internationale Zeitschrift für Erziehungswissenschaft/Revue internationale l'éducation》2004,4(2):379-395
The voucher model of financing schooling is becoming increasingly common throughout Latin America, with at least 12 countries using vouchers or voucher-like schemes. The present study focuses on the voucher models of Colombia and Chile, which have the most extensive programs of this type and those of the longest standing in the region. Using empirical evidence, the author compares the two models along four evaluative dimensions: educational quality, segregation, choice and socialization. After weighing the successes and weaknesses of each system, he concludes that, among other characteristics, the most effective and equitable voucher model features: (a) a flexible interpretation of educational quality; (b) financial grants which target solely the poor; (c) vouchers which cover the entire cost of tuition; (d) open enrolment at participating schools; (e) the participation of both secular and religious private schools; (f) accessible and meaningful information to parents; and (g) strong systems of accountability. 相似文献