Private school voucher remedies in education cases
Article Abstract:
Private school vouchers should be supported as an effective remedy in cases involving state education rights. In every state but Mississippi, the right to an education is constitutionally guaranteed. However, many state legislators have failed to provide adequate funding to support the public school system. Vouchers that would allow public funds to be applied to private school tuition have been sought through litigation and should be allowed as an equitable remedy. Objections based on separation of powers and the political question doctrine do not preclude the state courts' power to order such a remedy.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1995
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Kids and condoms: parental involvement in school condom-distribution programs
Article Abstract:
Due process dictates that school condom-distribution programs must satisfy strict scrutiny standards to avoid violating parental rights, and programs that require prior parental consent before allowing student participation are the only programs that meet this standard. Parents have a fundamental right to direct the upbringing of their children. Condom programs are different from educational programs because they facilitate sexual activity. Prior consent requires no affirmative act by parents to protect these rights, so such programs are less restrictive than opt-out programs.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1996
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