Equal educational opportunity, Education reform, School finance litigation, School choice, Education performance standards, Educational vouchers
Constitutional Law | Educational Assessment, Evaluation, and Research | Education Law
Inadequate schools impede America's long-standing quest for greater equal educational opportunity. The equal educational opportunity doctrine, traditionally moored in terms of race, has expanded to include notions of educational adequacy. Educational adequacy is frequently construed in terms of educational spending and framed in terms largely incident to constitutional litigation.
This paper explores the potential intersections of the school choice and school finance movements, particularly as they relate to litigation and policy. The paper argues that school choice policies constitute a viable remedy for successful school finance litigation and form a remedy that simultaneously advances individual autonomy, one critical constitutional principle.
Heise, Michael, "Equal Educational Opportunity and Constitutional Theory: Preliminary Thoughts on the Role of School Choice and the Autonomy Principle" (1998). Cornell Law Faculty Publications. Paper 687.
Published in: The Journal of Law and Politics, vol. 14, no. 3 (Summer 1998).