Abstract

Education is widely considered one of the most necessary social institutions in our society. However, in holding that the Constitution does not guarantee a fundamental right to education, the U.S. Supreme Court gave vast deference to states on how to create and administer their educational systems.

In a rapidly changing political landscape of school choice and shifting societal views on education, Arizona became the first state in the nation to universalize its school-voucher system and provide access to vouchers to every student in the State. However, Arizona’s universalization comes in the wake of the State Supreme Court’s own ambiguous rulings surrounding students’ right to education. This ambiguity has left Arizona courts unequipped to deal with large legislative policy decisions surrounding education and allowed Arizona’s voucher program to go unchecked since its enactment.

This Note first introduces the history of education and school-voucher systems on both the national stage and in Arizona. Then, through the lens of voucher universalization, it argues the necessity for a crystallized and articulated standard of scrutiny when discussing Arizona’s right to education. This standard would provide Arizona students with the tools necessary to secure equitable access and choice when it comes to their academic experience. 

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