Arlington, Va.—Is school choice constitutional?  For the first time ever, legislators and advocates have a single authoritative and comprehensive resource for answering that question in every state in the union.  And that report finds that for nearly every state, the answer is yes, if the legislation is crafted properly.

“School Choice and State Constitutions:  A Guide to Designing School Choice Programs,” published today by the Institute for Justice and the American Legislative Exchange Council, documents the relevant state constitutional provisions and case law in each state and makes specific recommendations for designing programs most likely to withstand legal challenges from school choice opponents.

“A well-designed school choice program should pass constitutional muster nearly everywhere,” said Clark Neily, an IJ senior attorney who co-authored the report with IJ Senior Litigation Attorney Richard D. Komer.  “Opponents have become increasingly creative in their use of state constitutions to try to thwart equal educational opportunity, but this report debunks their bogus constitutional claims.”

“School Choice and State Constitutions” addresses Blaine Amendments (the controversial provisions found in 37 state constitutions), Compelled Support Clauses (found in 29 states), education provisions and other relevant clauses in state constitutions.  For years, school choice opponents have tried to claim that the mere existence of such provisions means that school choice plans are unconstitutional.  This first-ever nationwide review of state constitutional provisions and state case law related to school choice exposes that claim as a myth.

“In almost every state, the question is not whether there can be school choice, but how best to achieve it,” said Komer.  “Each state has a distinct legal environment, and the best way to withstand legal challenges from school choice opponents is to carefully tailor legislation accordingly.”

Since the U.S. Supreme Court vindicated school choice under the federal Constitution in 2002, school choice has gained momentum nationwide, with 20 programs in 11 states and the District of Columbia.  School choice has become an important part of education reform debates in state capitols across the nation.

“With the information available in this guide, state legislators will be more prepared than ever before to champion educational opportunities in their states,” said Matt Warner, ALEC Education Task Force Director.  “And they will have the assurance that their programs are well-positioned to withstand opponents’ legal attacks.”

“School Choice and State Constitutions” is available at www.IJ.org and www.ALEC.org.

The Institute for Justice has successfully defended school choice in courtrooms nationwide, including before the U.S. Supreme Court.  The American Legislative Exchange Council (ALEC) is the nation’s largest nonpartisan, individual membership organization of state legislators, with over 2,400 legislator members from all fifty states, and 88 alumni members serving in the U.S. Congress.