School Choice and State Constitutions

School Choice and State ConstitutionsDownload PDF

Whenever school choice legislation is considered, the stakes are enormous. Children, parents, teachers and taxpayers all stand to benefit dramatically from well-designed programs.

That’s why it is so important for all school choice legislation to be very carefully crafted, starting with an eye toward its constitutionality under relevant state constitutional provisions. Not only is this sound and responsible drafting, it also assures that when a choice program is enacted and then challenged in court it has the greatest likelihood of being upheld.

This guide to the key constitutional provisions of all 50 states is designed to provide a convenient reference for legislators and advocates. As the reader will see, school choice programs are constitutional in nearly every state. The key is to design the right kind of program, and this guide is meant to help legislators do just that. Any state summary in this report should be a starting point only. We encourage legislators to obtain copies of the American Legislative Exchange Council’s model legislation listed in this guide and to contact the Institute for Justice for the more in-depth analysis that will be necessary in crafting specific legislation.

We look forward to working with you to secure the future of school choice in your state.

William H. Mellor
President and General Counsel, Institute for Justice

David J. Myslinski
Director, Education Task Force, American Legislative Exchange Council

School Choice and State Constitutions

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

School Choice and State Constitutions by ALEC_States