Abstract

ABSTRACT The growth of state laws creating private school vouchers and charter schools has mounting and alarming ramifications for students’ rights, and those ramifications are shaped by a complex and shifting set of legal rules. This article explains the interplay between the increase of these school-choice programs, the U.S. Supreme Court’s recent free-exercise decisions, long-standing antidiscrimination laws, and the now-tenuous applicability of those legal protections for choice students. It concludes by considering the political ramifications of these changes, which will likely be very different in “blue” and “red” states.

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