Are school choice programs constitutional? As explained in the second edition of School Choice and State Constitutions—a joint publication of IJ and the American Legislative Exchange Council (ALEC)—the answer in nearly every state is “yes, if they are designed properly.” And in order to properly design a program in any given state, policymakers have to know the state of school choice law there. What are the relevant state constitutional provisions? What are the legal precedents interpreting those provisions? What types of school choice programs can survive a legal challenge based on those provisions?
School Choice and State Constitutions answers these questions for all 50 states. These answers are particularly important given that opponents of school choice are determined to try to shut down most new school choice programs through litigation based on state constitutional provisions. Reading the report—and then reviewing ALEC’s model school choice legislation and consulting the legal experts on IJ’s school choice team—will help policymakers to design programs that will likely survive an eventual legal challenge by the public school teachers’ unions and their political allies.