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1.
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.
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   

3.
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   

4.
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   

5.
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   

6.
ABSTRACT

Since the Common School era, states have maintained truancy laws to ensure that students attend school. However, we know little about the severity of these laws and their relationship to student outcomes, particularly absenteeism. In this study, we survey state education statutes to document the severity of truancy policies. We estimate the relationship between these truancy policies and rates of chronic absenteeism via multilevel models using data on all U.S. public schools from the Office of Civil Rights. We find that most students live in states where they may be referred to legal authorities for levels of absenteeism below federal standards. We find little evidence that states with truancy policies have lower chronic absenteeism after adjusting for demographic and other characteristics. However, while non-White high-school students are overrepresented among chronic absences overall, they have rates of chronic absenteeism comparable to their White peers in states with less severe truancy policies.  相似文献   

7.
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   

8.
The voucher system in Denmark combines unrestricted generous subsidies with substantial autonomy of private schools as to schedule and teaching methods. This has produced a private school sector with a wide variety of school types. This paper uses data on eight cohorts of students (over 510,000 individuals) to compare educational attainment in public and private voucher schools, including religious schools (Catholic and Protestant) and various types of non‐religious schools. The findings suggest that, after controlling for individual and peer characteristics, the average public student would attain moderately higher levels of education if he/she attended grammar or Catholic school, relative to the public alternative. Attainment of students at Protestant, international and German minority schools is not different from public schools. However, attending free, boarding and, particularly, little and Waldorf schools is associated with substantially lower completion rates at the upper secondary level, which is probably at least partly due to the clustering of special education students in these school types, which cannot be controlled for. At the tertiary level, differences between private and public schools generally vanish.  相似文献   

9.
Sixty years ago, federal guidelines regarding the instruction of special populations in American public schools were nonexistent. Racial minorities, language minorities, women, the poor, and those with physical and mental disabilities had not been identified as groups that needed special protections. Much has changed since then. Federal legislation that is designed to ensure that all of these groups have access to equal educational opportunities in the United States is now in place. This article examines the evolution of policies surrounding bilingual education to illustrate that the need to ensure the educational opportunities of certain student populations compelled the federal government to become more involved in the governance and oversight of American public education. The implementation of such federal “protection policies” designed to expand educational opportunities for traditionally underserved groups of students ultimately fortified and solidified the federal government's more pronounced role in public education.  相似文献   

10.
This paper places religious and value diversity in education in the context of (a) the relation of religion to the state; (b) the relation of the contemporary European state to modernity and secularisation; and (c) the relation of religious education to specific communities and community practices. It raises these issues drawing on recent educational and non-educational research relating to several European countries. Secularist ways of construing issues of religious diversity have existed alongside concern with the increasing multicultural nature of society. Education, both state-supported and non-state-supported, of ethnic/religious minorities is of crucial importance. The categorisation of religious belief as an essentially private matter raises the question of the content of religious instruction in schools. It can also have an impact on the different ways in which greater democratic participation for ethnic minority groups is achieved.  相似文献   

11.
This paper estimates the impact of private education on the academic achievement of low-income students in Chile. To deal with selection bias, we use propensity score matching to compare the test scores of reduced-fee paying, low-income students in fee-charging private voucher schools to those of similar students in public schools and free private voucher schools. Our results reveal that students in fee-charging private voucher schools score slightly higher than students in public schools. The difference in standardized test scores is approximately 10 points, a test score gain of 0.2 standard deviations. We find no difference in the academic achievement of students in the fee-charging private voucher treatment group relative to their counterparts in free private voucher schools.  相似文献   

12.
The public-private division of responsibility for education   总被引:1,自引:0,他引:1  
In this chapter “private” schools are defined as those that were privately founded and are privately managed; they usually have some private funding, although in some cases considerable funding and control come from the government. The size and nature of the private sector is viewed as stemming from excess demand for education due to limited public spending (i.e., these are students who would prefer to use the public schools but are involuntarily excluded and pushed into the private sector); differentiated demand due primarily to cultural heterogeneity (i.e., these are students whose differentiated tastes along religious, linguistic or ethnic lines lead them voluntarily to choose the private sector even if a public school place is available); and the supply of non-profit educational entrepreneurship (e.g., founders who start schools to maximize religious faith or believers, rather than profits) by competing religious organizations. The impact of public policies, including public educational spending and private subsidies, is also considered.  相似文献   

13.
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   

14.
In this paper, we look at the way the state has helped shape the climate for the commercialization of science in a public university, and at how this has shaped the terms of professional labor for faculty. We examine patent policies of a public research university and of its Board of Regents, and the relevant state statutes from 1969–1989. Policies and statutes moved from an ideology that defined the public interest as best served by shielding public entities from involvement in the market, to one that saw the public interest as best served by public organizations' involvement in commercial activities. Claims to the ownership and rewards of intellectual property shifted dramatically in that time, from faculty owning their products and time to complete ownership by the institution. The contract between the university and faculty became increasingly formalized and specified. We believe that such developments augur significant changes in professional labor and in the relationship between the state and higher education. Such changes can best be understood from a post-structuralist perspective that moves beyond the structural dichotomies of public and private, state and higher education administrator and professional, and points to new forms of organization and of professional stratification and interest formation.Despite the changes in intellectual property policies at our university, one of the ongoing terms of our joint professional labor is that we share equally in the research and writing of our work products, which lack commercial relevance but not, perhaps, some value.  相似文献   

15.
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   

16.
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   

17.
The separation between Church and State, private and public education, is blurring, and coming together, as the government gives families vouchers to attend private and religious schools. Religious groups are starting and supporting their own charter schools, and local jurisdictions (cities and counties) are providing free transportation and food services to children attending private schools. What emerges, and is the focus of this analysis, is the new “middle ground,” a “golden mean,” by which public schools learn diversity and choice while private/religious schools are helped by public programs and funds. The oldest, perhaps, was Lyndon Johnson's compromise with the Catholics to get Title 1 passed as part of the Elementary and Secondary Education Act that sends public school teachers into private schools to help children in need. This study examines the emergence of a middle group in public–private education, and how the policies are working and what's changing. It argues that the child is the center of education, and government and private agencies are changing and should come together to serve the clients, the children.  相似文献   

18.
Ethnic Minority Experience in Higher Education   总被引:2,自引:0,他引:2  
It appears that institutions of higher education in Britain are far behind the schools and colleges of further education in assessing the experience and success of ethnic minorities, and in developing and monitoring equal opportunity policies. The article starts with a review' of currently available evidence from the literature on the participation rate of various ethnic groups in higher education. This is followed by a brief discussion of some key factors influencing their entry into higher education institutions. The information available to date indicates an uneven distribution of ethnic minorities between these institutions and the subjects they offer. The article contains the preliminary findings, from a research project, on the performance of students f om ethnic minority groups at Bradford & Ilkley Community College and four other institutions of higher education in the North of England. There is a brief discussion of some important issues, including racial discrimination and racial harassment, acting as barriers to the success of ethnic minorities in higher education. It is suggested that further research in this area is urgently needed to ensure that students from ethnic minority communities benefit equally from the higher education provision in Britain.  相似文献   

19.
In the last decade institutions of higher education have received increasing pressure to reduce and/or eliminate any discriminatory actions. Affirmative action programs have been used by these institutions to comply with the letter of the law. Research shows, however, that these programs have not been highly successful in eliminating discrimination. This study was designed to assess the judgment policies of personnel and affirmative action officers in institutions of higher learning regarding the criteria necessary for effective affirmative action programs. The research identified 13 separate potential criteria. The results suggest attitudes and procedures were the most important criteria for effectiveness. Institution type (public versus private) and size (number of students) have no moderating effects.  相似文献   

20.
智利教育券政策述评   总被引:5,自引:0,他引:5  
1980年,智利开始实施由公共经费资助的政府教育券政策.该政策以弗里德曼的自由市场教育券模式为理论基础,覆盖全国所有的公立和部分私立中小学.教育券政策的实施尽管扩大了学生及其家长选择学校的机会,但研究表明社会经济背景较好的学生才是该政策的更大受益者.此外,在改进学校效益、提高教育质量、促进教育公平等方面,智利的教育券政策也并没有取得预期的效应.因此,有必要重新认识教育券政策的目的与功能,以寻求新的突破.  相似文献   

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