A Framework for Choice Remedy Litigation

Abstract

Although school choice proponents have generally been on the offensive in legislative arenas over the past 2 decades, they have played almost constant defense in the judiciary, seeking to prevent courts from undoing school choice programs. Opponents typically wield state constitutional provisions against school choice programs. Properly construed, such provisions often are intended not to thwart but to secure educational opportunities. School choice supporters should consider taking the offensive, applying such provisions toward their intended ends by challenging defective schools and seeking meaningful remedies for children trapped in them. Choice remedy litigation can provide an effective complement to legislative efforts in the larger campaign to secure for disadvantaged children the precious educational opportunities that are their constitutional right.