Our present system for delivering publicly funded education is in need of dramatic reform. Educational choice programs provide that reform as they shift the power from state boards of education and school districts to parents. Educational choice programs are growing in popularity with programs in more than half the states and Washington, DC.
As the nation’s leading legal advocate for educational choice—with more than 25 years of experience defending these programs against legal challenges, including two victories before the U.S. Supreme Court and 10 state supreme court victories—IJ is well-positioned to weigh in on the constitutionality of proposed legislation. IJ’s team of educational choice experts are always available to answer questions or address concerns.
Model Educational Choice Legislation
Model ESA Bill (Tax-Credit Funded)
IJ’s Model Tax-Credit-Funded ESA Bill provides legislators with the framework to create and enact an ESA program in their state that encourages tax-credit-eligible donations of private funds to non-profit charitable organizations that then award ESAs to eligible students and manage the education savings accounts.
Model ESA Bill (Publicly Funded)
IJ’s Publicly Funded ESA Bill provides legislators with the framework to create and enact an ESA program in their state. This model is a step for legislators to expand educational choice in their state and truly allow parents to be in charge of their child’s education.
For decades, IJ’s attorneys have helped bulletproof educational choice initiatives.
School Choice Assistance
U.S. Supreme Court Cases
Montana Moms Seek to Restore School Choice Program that was Struck Down for Including Religious Options
On June 30, 2020, the U.S. Supreme Court decided one of the most important education reform cases in the past half-century. This landmark case held that the U.S. Constitution does not allow states to discriminate…
U.S. Supreme Court Opinion Victory for School Choice Cleveland, Ohio, School Choice (State Case)…
Educational Choice Research
Over the course of the last few decades, the law has gradually changed to recognize the constitutionality of educational choice programs and that its beneficiaries are students, not schools. The most recent development is Espinoza…
In this article, Nat Malkus and Tim Keller outline the federal laws that protect students with disabilities, give an overview of school choice programs, and explain how participating in school choice programs affects the rights…
Educational choice programs—defined broadly as programs that provide parents financial aid to opt their children out of the traditional public school system—have been a topic of significant public discussion and debate in recent months. Despite…
This paper brings together the hard-won lessons of IJ’s experiences to help advocates and lawmakers craft effective school choice legislation likely to withstand a legal challenge.