School Choice and State Constitutions - A Guide to Designing School Choice Programs

Oct 15, 2026

School Choice and State Constitutions provides a state-by-state reference for evaluating the constitutional foundations of K-12 school choice programs. The guide explains how carefully drafted legislation can improve the likelihood of surviving court challenges, summarizes relevant constitutional provisions across all 50 states, and offers structured model guidance for policymakers. It also frames the legal context in light of federal jurisprudence, including the U.S. Supreme Court’s 2002 decision upholding a voucher program, and clarifies program types such as vouchers and tax credits.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages108

Reading Time4 h 32 min

AccessFree to download

Foreword

Introduction

How to Use This Report

State Summaries

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

Montana

Nebraska

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

Model Legislation

Glossary

Additional Resources

About the Authors

Acknowledgments

About IJ

About ALEC

School Choice and State Constitutions A joint publication of The Institute for Justice and The American Legislative Exchange Council by Richard D. Komer and Clark Neily reference guide School Choice and State Constitutions A Guide to Designing School Choice Programs The Institute for Justice and The American Legislative Exchange Council April 2007 by Richard D. Komer and Clark Neily table of contents Foreword 1 Introduction 2 How to Use This Report 7 State Summaries Alabama 10 Alaska 11 Arizona 12 Arkansas 14 California 15 Colorado 17 Connecticut 19 Delaware 21 Florida 22 Georgia 24 Hawaii 26 Idaho 27 Illinois 29 Indiana 31 Iowa 33 Kansas 34 Kentucky 35 Louisiana 38 table of contents Maine 39 Maryland 41 Massachusetts 42 Michigan 44 Minnesota 46 Mississippi 48 Missouri 49 Montana 52 Nebraska 53 Nevada 55 New Hampshire 56 New Jersey 57 New Mexico 58 New York 60 North Carolina 62 North Dakota 64 Ohio 65 Oklahoma 67 Oregon 69 Pennsylvania 70 Rhode Island 72 South Carolina 73 South Dakota 75 Tennessee 77 Texas 78 Utah 79 Vermont 81 Virginia 82 Washington 84 West Virginia 87 Wisconsin 88 Wyoming 91 Model Legislation 93 Glossary 95 Additional Resources 97 About the Authors 99 Acknowledgments 100 About IJ 101 About ALEC 102 foreword 􀀱 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 Lori Roman Executive Director American Legislative Exchange Council School Choice and State Constitutions A Guide to Designing School Choice Programs Is school choice constitutional? Inmost states, if a program is designed properly, the answer should be yes. Since the birth of the modern school choice movement in 1990, with the creation of a scholarship program for inner-city children in Milwaukee, members of the entrenched education establishment have fought to stop school choice, often through legal attack. Meanwhile, public support for school choice has grown, and 17 years later, K-12 school choice flourishes in Milwaukee (after two unsuccessful legal challenges) and 10 other states, plus the District of Columbia. On February 12, 2007, Utah became the first state to offer universal school vouchers, marking an important watershed for the school choice movement. And in 2002, the U.S. Supreme Court vindicated school choice under the federal Constitution as it upheld Cleveland’s voucher program. achieve it. This guide—the first-ever state-by-state breakdown of state constitutional provisions relevant to school choice—demonstrates that a well-crafted school choice program is viable in ju

FAQs

What is the purpose of this guide?

The guide serves as a convenient reference for legislators and advocates to assess key constitutional provisions related to school choice in each state and to support drafting legislation that can withstand legal scrutiny.

What does “school choice” include in the report?

It describes policies that let parents select educational opportunities for their children, including options such as public school transfers, charter and magnet schools, homeschooling, scholarships, and—within its focus—vouchers and tax credits.

How does the guide connect school choice to federal constitutional law?

It discusses the U.S. Supreme Court’s 2002 decision upholding Cleveland’s voucher program in Zelman v. Simmons-Harris, presenting it as a major victory for school choice under the federal Constitution.

Oct 15, 2026

Uploaded by WPS_1786070896