Privatization and Choice

Legal issues involving various reform measures, including public school choice, charter schools, privatization, vouchers, and alternative schools.

Additional Resources

NSBA Amicus Brief Bush v. Holmes (Fl. Sup. Ct.)
Vouchers: school choice - private schools - student achievement.

NSBA Amicus Brief Jackson v. Benson (U.S. Sup. Ct.)
Vouchers: Establishment Clause - use of public funds for religious school tuition.

NSBA Amicus Brief Simmons-Harris v. Zelman (U.S. Sup. Ct.)
Vouchers: Establishment Clause - use of public funds for religious school tuition against granting certiorari.

NSBA Amicus Brief Locke v. Davey (U.S. Sup. Ct.)
First Amendment: free exercise of religion, establishment clause - state law prohibiting use of public scholarship funds for pastoral studies

NSBA Amicus Brief Cain v. Horne (Ariz. Ct. App.)
Separation of church and state: constitutionality of Arizona voucher programs—Blaine Amendments

School Choice Guidance
Source: U.S. Department of Education

Charter Schools in Georgia
This book describes how a charter school in Georgia is formed and what the roles and responsibilities are of the local board, state board, and charter school.

NASBE's State Education Standard
The Autumn 2003 issue of the National Association of Boards of Education's journal, the State Education Standard, addresses the current state of the charter school movement, state charter policy, state and local chartering of schools, local school board concerns and challenges, charter accountability problems, the No Child Left Behind Act's implications for charter schools, cyber charters, and finance autonomy. From this page, scroll down to the August 2003 issue.

NCES Fast Facts Too: Homeschooling
National Center for Education Statistics.

Voucher Strategy Center
NSBA is committed to advocating the key role public schools play in our democratic society. As such, we support initiatives to strengthen the public schools and oppose measures, such as vouchers and tuition tax credits, which undermine public education. In recognition of the push for vouchers, tuition tax credits and other privatization measures in Congress and some state legislatures, we have created this voucher strategy center -- a clearinghouse of helpful information on these issues.

National Association of Charter School Authorizers
The National Association of Charter School Authorizers (NACSA) is “a professional organization of authorizers and other education leaders who work to achieve quality public charter schools.” This site includes many resources on high quality authorizing.

National Center for the Study of Privatization in Education
The center at Teacher’s College, Columbia University, “provides independent, non-partisan information on and analysis of privatization in education.” The center's program includes research, evaluation, conferences, publications, and dissemination on a full range of issues regarding privatization of education, including school choice, charter schools, private schools, vouchers, tuition tax credits, and home-schooling.

TiZA Acad. v. Islamic Relief
Denial of motion for Preliminary Injunction - June 30, 2011 - Due Process, Contract, Commerce and Equal Protection Clauses - state law prohibiting out of state charitable organizations from being charter school sponsors/authorizers

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