Abstract

The United States Supreme Court has repeatedly emphasized the importance of public education in American society. Through the education of its young, a society becomes more economically productive, crime rates drop and the democratic system is served by an informed and conscientious electorate eager to vote and hold office. The problem of improving and ensuring the quality of our public education system has inspired intense debate, pitting lawmakers, parents, and teachers' associations against one another. All share the goal of improving education; the problem, then, is not in agreeing upon the goal but upon the method of its achievement.

For many, the answer lies in a free choice system, also called a voucher system. Such a system attempts to improve public education by allowing parents to choose which school their child attends, rather than being assigned to a school based on residence. Currently, thirteen states allow students to choose among public schools in any of the state's districts. Many proponents would like to see this program extend to private and parochial, as well as public schools. Part I of this Note will examine the mechanics of choice systems and identify their champions and detractors. Part II focuses on the constitutional ramifications of open enrollment plans and examines in particular the Establishment Clause challenge that they likely would face. Finally, Part III predicts the outcome of such a challenge. Throughout this Note, the policy issues involved in restructuring the public school system are analyzed along with constitutional considerations.

How to Cite