Ten years ago, when our organizations first compiled this guide, there
were 10 school choice programs awarding scholarships to attend private
schools in six states and the District of Columbia. Today, four times as
many students receive scholarships from 50 programs operating in 25
states and D.C., and many of those programs are brand new, suggesting
substantial growth in numbers of students benefited in coming years.
Furthermore, the growing momentum and popularity of school choice
will undoubtedly result in the demand for the creation of more school
choice programs, including in those states where there currently are no
such programs. Because opponents of school choice will undoubtedly
continue to challenge new programs in court, it is important to ensure
that these programs have the greatest possible likelihood of being upheld.
Thus, as our predecessors noted in the foreword to the first edition of this
guide, it is necessary that legislators draft school choice legislation with
an eye toward its constitutionality under relevant state constitutional
provisions.
This second edition, revised to incorporate legal developments over the
past 10 years that have largely been favorable for school choice, should
be the starting point of that drafting process. We encourage legislators
to obtain copies of the American Legislative Exchange Council’s (ALEC)
model legislation listed in this guide and to contact the Institute for Justice
(IJ) for the more in-depth analysis that will be necessary in crafting specific
legislation. The model legislation reflects the experience of ALEC members
involved in drafting various sorts of school choice programs, and IJ has
developed significant expertise in making any modifications necessary
to respond to individual state constitutional provisions, many of which
cannot be included in a brief guide such as this.
We look forward to a future where every state recognizes and supports
parents’ rights to choose the best available education for their children.
And we look forward to working with you to secure that future.
For more information, please visit www.ij.org
were 10 school choice programs awarding scholarships to attend private
schools in six states and the District of Columbia. Today, four times as
many students receive scholarships from 50 programs operating in 25
states and D.C., and many of those programs are brand new, suggesting
substantial growth in numbers of students benefited in coming years.
Furthermore, the growing momentum and popularity of school choice
will undoubtedly result in the demand for the creation of more school
choice programs, including in those states where there currently are no
such programs. Because opponents of school choice will undoubtedly
continue to challenge new programs in court, it is important to ensure
that these programs have the greatest possible likelihood of being upheld.
Thus, as our predecessors noted in the foreword to the first edition of this
guide, it is necessary that legislators draft school choice legislation with
an eye toward its constitutionality under relevant state constitutional
provisions.
This second edition, revised to incorporate legal developments over the
past 10 years that have largely been favorable for school choice, should
be the starting point of that drafting process. We encourage legislators
to obtain copies of the American Legislative Exchange Council’s (ALEC)
model legislation listed in this guide and to contact the Institute for Justice
(IJ) for the more in-depth analysis that will be necessary in crafting specific
legislation. The model legislation reflects the experience of ALEC members
involved in drafting various sorts of school choice programs, and IJ has
developed significant expertise in making any modifications necessary
to respond to individual state constitutional provisions, many of which
cannot be included in a brief guide such as this.
We look forward to a future where every state recognizes and supports
parents’ rights to choose the best available education for their children.
And we look forward to working with you to secure that future.
For more information, please visit www.ij.org
