The Role of Empirical Research in Informing Debates About the Constitutionality of School Choice

Journal of School Choice, Vol. 1, No. 3, p. 123, 2006

22 Pages Posted: 6 Mar 2010

See all articles by Aaron J. Saiger

Aaron J. Saiger

Fordham University School of Law

Date Written: 2006

Abstract

Federal constitutional law currently permits choice programs that include religious schools only if they provide parents with “genuine and independent choice”; as the leading federal case demonstrates, whether this test is satisfied is an interesting and difficult empirical question. State doctrine regarding establishment of religion can be similarly empirically informed. School choice programs must also be consistent with the education clauses of state constitutions, which require state education systems to be “public” and to meet quality baselines. Determining whether these requirements are met also raises many questions that empirical school choice research can address.

Suggested Citation

Saiger, Aaron J., The Role of Empirical Research in Informing Debates About the Constitutionality of School Choice (2006). Journal of School Choice, Vol. 1, No. 3, p. 123, 2006. Available at SSRN: https://ssrn.com/abstract=1564928

Aaron J. Saiger (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

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